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20100826 City Council Minutes
Mayor pro tem Shirley Sessions called the Consent Agenda meeting to order at 6:30pm on
Thursday, August 26, 2010. Council Members present were Wanda Doyle, Bill Garbett, Frank
Schuman, Sr., Kathryn Williams and Paul Wolff. Also present were City Attorney Bubba
Hughes, City Manager Diane Schleicher and Zoning Director Jonathan Lynn. Mayor Buelterman
was late.
Mayor pro tem Sessions listed the following items on the Consent Agenda:
5/27/2010 City Council Minutes
7/08/2010 City Council Minutes
LexisNexis Non-FCRA Annual Application & Agreement for Government Agencies:
Monthly Fee of $135-Parking $185-Police Budget Line # 100-1535-52-1300
HGBD (BRW Construction) Change Order #2 for Butler Ave. Crosswalk Improvements
$4,654.95 Budget Line #100-7570-54-1420
Corps of Engineers Letter-Extension of Tybee’s Beach Erosion Control Project
City Attorney Bubba Hughes asked for the Application for Alcohol License for the North Beach
Grill to not be placed on the Consent Agenda, but considered at the regular meeting due to the
fact Kathryn Williams would recuse herself and the Consent requires a unanimous vote.
Mayor pro tem Sessions adjourned the Consent Agenda.
Executive Session
A Motion by Paul Wolff to go into Executive Session to discuss Litigation and Personnel was
seconded by Wanda Doyle. The vote was unanimous.
A Motion by Kathryn Williams to end Executive Session was seconded by Paul Wolff. The vote
was unanimous.
Mayor Buelterman arrived late and called the regular meeting of the City Council to
order at 7:05pm. Those present at the Consent Agenda were also in attendance for the regular
meeting. Hillary Brodofsky gave the Invocation and everyone recited the Pledge of Allegiance to
the Flag.
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Reports of Staff, Boards, Standing Committees and/or Invited Guest
Quarterly Reports:
Vivian Woods, Clerk of Council said the City Clerk’s office is invisible to most people and stated
the office manages paper and records for the city instead of people and it is a complicated
process that not everyone in the City is aware of. If you need history, open records or anything
of that nature you would come to the Clerk’s office. Ms. Woods gave a brief summary of the
activities of the Clerk’s Department and Mayor and Council. She stated this quarter had
thirteen meetings consisting of; six regular council meetings, four budget work sessions, two
budget hearings and one quarterly work session. Agendas, synopsis, minutes, and packets
were prepared for those. Ms. Woods stated the department had processed registrations and
travel arrangements for conferences and training classes for Mayor and Council as well as
assisted them in the arrangements for the Guardhouse Dedication to Eddie Crone they hosted.
She stated the department had processed documents from research required by council and
processed open records request from citizens as well as research requested on council
decisions, copies of ordinances, etc. Ms. Woods said she is in the process of attending the
Georgia Records Association Certificate Program to earn her certification in Records
Management. The department is continuing work on organizing the Minute Books and also
updating the Council’s appointed committee listing which should be available shortly on the
website for everyone’s accessibility to contact information and their terms. She attends records
conferences and clerk classes to be more diligent in her position. The Clerk’s department also
researches other municipalities on their agendas to make sure ours is as informative to the
Council and citizens as the others are and makes changes as needed.
Mayor Buelterman expressed appreciation for having the packets made available to the Citizens
on the website so if they are inclined to they can see the same information council does.
Ms. Sessions asked about Ms. Wood’s Assistant. Ms. Woods said her administrative assistant is
Denise Woodard and she works diligently in her job.
Joe Wilson presented the DPW report. He stated projects worked on during the quarter were;
rebuilding the Tenth Street crossover, Fifth Ave drainage problems, Ninth, Eleven and
Thirteenth Avenues, which are in the dune drain fields, they are doing some catch basin work
and pollution controls. A lot of time was spent this quarter on reworking parking spaces. The
Department also processed 125 service orders and 128 work orders. Major projects were the
BRW 14th Street drainage project, renovations of the Marine Science Center restrooms, and the
new roof at the cafeteria. Mr. Wilson stated Karen Reese; our facilities coordinator had done an
excellent job at increasing our revenue since the 1st quarter of 2010, by over $10,000. He said
she had issued 283 Beach Permits. The Guardhouse had 80 uses, Memorial Park 105 uses, and
the Cafeteria close to 300, all increasing in revenue.
Wanda Doyle asked about the 14th Street Drainage and if it is going to be completed. She gets
quite a few calls on this. Mr. Wilson replied it is going to be completed by the end of September
which is on target. Right now they are forming up and pouring the driveways back. We are
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scheduled to pave the at the end of September to beginning of October, 14th Street all the way
up to where the entire project has been done.
Ms. Doyle stated we need to have a celebration with a ribbon cutting when it is all done.
Shirley Sessions thanked Mr. Wilson and his total staff of 26 for doing such a good job.
Mary Hogan presented the Finance report and stated this quarter had not only been the busiest
quarter on Tybee but also one of the busiest years. She said parking revenues have been up
and it is from people complying with parking not just the fines, compliance is really what we
want. She stated we had also increased parking staff slightly this year but starting the week
after Labor Day seasonal staff will begin to be laid off and they are aware of that. Enforcement
staff has increased by putting full time staff out after 6:00. It doesn’t cost any more but does
make sure people are on the streets the full twelve hours. Ms. Hogan stated the two biggest
accomplishments this quarter were the budget, and council is aware of all the work that went
into that, and the Audit. The auditors have come and gone. They finished all their onsite work
and should have a draft by the end of August and be finished up by September 30. She stated
she doesn’t know who was on council when the fiscal year was changed and put in the middle
of the busy season but would like to talk about that at some point. December might be a better
time of year to go thru an audit if it could be voted on. Ms. Hogan stated another big item is
the staff has got the debt collections process going. We are sending extremely late utility
payers to a collection agency and now we are starting to send extremely late parking tickets.
Ms. Hogan stated the last thing is she is continually looking for more space. Finance is
continually asked on a daily basis from citizens, staff, as well as council, to do more and more
special tasks or projects, and we are happy to do them, we have the skills and staff willing to
do it but our physical space is what is lacking to get our jobs done. We have been talking but
there is no easy solution, but you may begin to hear more on that.
Mayor Buelterman asked how the Hotel/Motel tax is doing. Ms. Hogan replied for last year it
was about where it should be, actually a little bit under what had been budgeted. This year
was a better July, then last July, so they should be a little bit better. In general though, we are
collecting from more Innkeepers, so we have more participating then we ever had before, and
most willingly. Staff gets help from the community who call and say they think their next door
neighbor may be renting their house out. Staff follows thru and checks on it and there is pretty
good compliance. There are a few that fight on it but not many.
Skip Sasser presented the Fire Department report. Chief Sasser stated we have 38 volunteer
members at this time and 1 part time fire fighter, who is a Savannah Master Firefighter and 1
paid fire fighter. During this quarter we had 54 calls; 10 false alarms, 7 fire calls most after
1:00 am, 3 boat responses, 30 Squad 6 calls, and 4 community service calls, which was people
coming up wanting us to check their blood pressure, batteries in their house or at the fire
station. He and the Emergency Management Director, Jimmy Brown attended the Chatham
Emergency Management Conference and Hurricane Conference. Mr. Brown attended several
meetings with the Mayor and City Manager and Chatham County on Hwy 80 concerns, such as
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evacuations, traffic accidents and other emergency scenarios. An agreement is currently being
worked on to provide heavy equipment on standby, etc. Chief Sasser stated CEMA is also
working on doing an amendment to the Hwy 80 evacuation plans. Chief Sasser said the
Hurricane Exercise was planned during the quarter which involved meetings with CEMA and
GEMA and Mr. Brown had worked diligently in all the preparations. He and Mr. Brown had gone
to Dublin, where the City Hall staff would be staying and stationed for a temporary site during
an evacuation. The site was all in order and the people there were quite receptive. Chief
Sasser stated Todd Smith with the IT Department went to preview the necessary equipment to
be provided and everything on that end seemed to be in order. During this quarter the
concerns on the Gulf’s oil spill prompted a meeting with the Coast Guard Marine Safety Unit on
what to look for even though they felt it was not going to come up this way. If tar balls were
spotted or any other indications, they would take control and assume operations. Chief Sasser
stated Mr. Brown has been assisting the Fire Department on pre-planning other locations which
has been valuable, such as obtaining current information, what actions should be taken,
accessing the area, etc. Chief Sasser also reported on Ocean Rescue. During this quarter there
were no drownings but we did have 124 rescues. Chief Sasser stated 42 of the rescues were
from the sandbar, which is still a nightmare. He stated several of the rescues were life
threatening. Other Ocean Rescue activity involved 425 medicals, 152 lost persons-adults and
children, 2 fights, 225 public servers, over 7000 preventive actions, and 795 jelly fish. Chief
Sasser said Ocean Rescue’s use of available resources consisted of 4 calls to the Coast Guard, 6
calls to the Fire Department for boat, personnel or Squad 6. The Police Department was
requested 76 times, and the EMS 33 times. The beach mules were used on 368 cases, jet skis
launched 45 times for rescues and wheelchairs were issued out 28 times. Chief stated they try
to keep a tally on all that is happening on the beach.
Bill Garbett asked if the Jelly fish problems were diminishing. Chief Sasser responded in July we
had over 5761 jelly fish treatments. One weekend or week it may be slack and then they pick
up again. Mr. Garbett asked if any were life threatening. Chief responded there were several
that had reactions to them and had panic attacks. EMS was dispatched and victims were
transported to the hospital. If it was a chemical reaction or a weak heart, being unsure we
transport. Some tags have gone all the way up their thighs, hips and upper body and those
were transported.
Kathryn Williams asked for the Chief to expand on the public service. Was this for schools and
that type of thing? Chief replied no. We noted anything responding to public requests; such as
checking their blood pressure. They also get calls from citizens where they heard something in
their attic but don’t think it is anybody in there but think it may be fire related. Paid staff is
dispatched to check it before sending out full department. Chief Sasser stated logs are kept on
calls and dispatches.
Mayor Buelterman asked Ms. Woods, the Clerk, if she would schedule a trip to the Life Guard
station, during the next council workshop, to take a look at the condition and size of that
facility.
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Kathryn Williams stated the wheelchairs are available when the Life Guards are on duty but are
they available during the off season or when the Life Guards are not on duty? Chief responded
we don’t have many request for them during those times, but if we do, we try to make
arrangements where the Fire Department personnel meets them and takes care of it. Ms.
Williams stated that is a wonderful service being offered.
Robert Bryson presented the Police Department’s report and stated it was an honor and
privilege to serve in the capacity of Interim Chief for the City of Tybee Island. To say the
Department has gone through a lot of changes through this quarter would be a massive
understatement. During this time we have a total of 26 personnel. All personnel have done a
great job at keeping their heads down and on the job completing their missions to the best of
their ability with all the distractions with media and everything going on. There have been some
outstanding arrests in some recent cases. To cover the last quarter the officers wanted to work
split down the middle, some full time on days and some full time on nights. They work a twelve
hour shift. This is done so officers get use to having the same sleep patterns for their health
and safety, and to be expertsat night time when the City of Tybee puts on a different face then
during the day. Having the same officers working night time and knowing what cars belong in
what driveways and certain areas of the city certainly helps instead of changing every week or
month. This is something that is being tried and the officers seem to really like it and think it
has been very affective. For the longest time we have been taking court fees by credit card
over the phone and now we are up and running with our own website and this takes the liability
off the city with any type of credit card numbers; the employees working have to take the
credit card numbers. The economy is rough and people are losing money with card numbers
being scammed. This way they pay it themselves thru tybeeislandtixs.com. There is no cost to
the City for this. Bryson stated the person paying the fine bears the cost of the processing fee
for the citation. The citations that require court appearances are blocked and the person must
show up for court, the site will not accept the payment. It is an excellent service and has also
improved the efficiency of the Records Clerk, not having to run back and forth getting the
numbers, processing them, etc. They can use this time for other things, like preparing for court.
Citations during this quarter: First, we rode 2787 calls which 1991 citations were issued. Also
included in these calls were 26 felony arrest, 136 misdemeanor arrest and 161 violations of city
ordinances. The Department had training this quarter focusing on Autism awareness and
people suffering from mental crises and those types of things, thru the Matthew Reardon
Center outreach program. Jennifer McGee, Instructor on Autism and parent of Autistic children
gave training to the entire department. We are also getting further training thru the State Post
on Crisis Intervention techniques and that will result in half the Department being certified and
trained in Crisis Intervention techniques and dealing with people who have mental disabilities or
may be having some type of problem or crisis which the officer can help with.
Wanda Doyle stated the Public Safety Committee utilizes the Police Department, Fire
Department, and DPW. All these staff persons that work day to day, hour by hour also attend
these extra meetings. The meeting that was held today was not only very informative but very
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well done and she applauds the staff that put their extra time into all these meetings. The
meetings are mostly after hours and Ms. Doyle stated she appreciates all the extra effort. She
stated the Infrastructure Committee is the same way. The staff really does a great job.
Frank Schuman commended Interim Chief Bryson for all he has done since all the issues have
come up a while back and the good job all the officers are doing. Bryson expressed his thanks
and stated he would spread that to the officers.
Shirley Sessions asked Interim Chief Bryson to address the GA State Patrol’s presence on the
Island as she had received several calls or comments from residents. Bryson replied he had
been in law enforcement for twenty-one years, 10 of those at Tybee. My relationships through
out the law enforcement community include the GA State Patrol. Captain Kirk McGlamery is in
charge of the GSP District area, The Night Hawk unit and he and I have a great working
relationship. We were having a lot of issues here and this unit is a great resource without
additional cost to the City. The GPS Night Hawk Unit does nothing but DUIs. This is at no cost
to us. All the fines from cases heard in our court all come to us, GPS doesn’t get a dime.
Those guys at the GPS are working extremely hard and some even getting furloughed and we
still get all the money from the fines they bring in through the DUIs and extra work they are
doing to help create a safe pathway back and forth to Savannah on Hwy 80, just by taking one
DUI off the road, here on Tybee, to save someone’s life not getting hit head on in a wreck is
worth the State Patrol being down here. It is an asset we should embrace and not look at it
like we are being picked on by the State. Interim Chief Bryson stated these are just other law
enforcement professionals willing to jump in. They are also in Savannah, out of Post 42 in
Rincon and now on Tybee. They are doing a great job and we welcome them. We have set
them up with their own court date so it is separate from the rest of the officers’ court dates.
We try to accommodate them as much as possible.
Ms. Sessions asked about the Crimestoppers’ partnership? Interim Chief Bryson replied we
have a partnership with the Crimestoppers’ Board of Directors and a partnership with
Crimestoppers where we are going in half way to provide signs reminding people to lock their
doors and vehicles, stow their valuables, and other safety tips.
Bill Garbett asked about the two recent events that were sort of out of the ordinary for Tybee,
the Pharmacy robbery and pistol whipping, and if he would comment on those. Bryson
answered they are still under investigation and he could not say much. He did state the patrol
officers working the streets everyday made the arrest and if it wasn’t for that officer being at
the right place at the right time being on patrol driving his vehicle and right there when the
crime occurred, able to arrest one of the subjects at that time. It is nothing we see here
normally, not a regular occurrence, but the economy is tough and citizens need to be vigilant
against someone stealing things. Lock your doors and car doors. A good relationship is
something the officers depend on to have feedback to solve these crimes. We had excellent
feedback on this crime that aided in catching people breaking into cars this morning. It was a
citizen that alerted the Police and we were able to catch the people responsible last night.
Bill Garbett commented he was amazed and flabbergasted at how quickly they apprehended the
suspects in both of these incidents. Bryson stated it was good detective work and patrol work
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and cooperation from the Richmond Hill Police Department. I have a good relationship with the
Richmond Hill PD as well. Interim Chief Bryson also reported on the City Marshal activity during
the Quarter. He stated the City Marshal had citied over 50 property maintenance violations;
notices to cut grass, remove debris, cover dumpsters. On city right-a-way complaints or
violations; he removed or relocated eight trailers with boats, six trailers, five vehicles, three
vehicles did not have tags or decals, and removed three RV’s and relocated them. He also
assisted the department in placing warning and information signs for beachgoers around the
island to warn them about bottles on the beach, etc. He removed signs in violations in city
right-a-way such as garage sale signs, advertisements signs, etc. He is getting new decals for
roll-out carts to remind people about requirements to roll back the containers after they have
been picked up or emptied.
Woody Hemphill presented the Quarterly Report and the Monthly Financials for Rivers End
Campground. He showed a visual report indicating additional expenses anticipated in July
associated with operations, for example, marketing initiatives for the remaining 2010 and
beginning of 2011. We greatly exceeded what we anticipated in revenues and came in under
what was anticipated in expenses. We have had the auditors here the last couple of months
and some of those expenses may carry over to the month of August. But for the month we
cleared a profit of about $58,768.77.
Mayor Buelterman commented the anticipated for August is significantly less than for July. Is
there that much of a drop off because of school starting back? Mr. Hemphill answered, yes sir.
A few things are working against us right now. We always see a significant drop off because of
school starting back, but from what I have heard talking to people in the campground and other
campgrounds around the area, the Gulf being in better health, people are checking that area
out to see what the big deal is about. The rainy days and high heat index also impacts us in
August, not that this August is any different than any other August. Mr. Hemphill also
presented a visual Customer Satisfaction Survey with overall ratings of B or B+. The cabins are
a new rating area and we received an A rating. Mr. Hemphill also showed graphs and scales
from different areas of revenues with historical data and the same with expenses. The monthly
tent revenue is one area staff will be working on during the off season. He reminded all
attendees and viewers at home that the campground does propane refills if anyone needs that
service. The good news on our cabin revenues is we have stayed right in line, and even a little
better than what was done in 2009, with that year being impacted by the movie being filmed on
Tybee. This is our second year of cabin operations. The Overall Gross Revenue graph showed
the campground started getting busier earlier in 2010. Mr. Hemphill stated the overall trend is
going in the right direction. Mr. Hemphill stated, as far as the Quarter goes there were a few
operational items of note during that time frame. We will start offering our monthly campsites
for our winter, off season and shoulder season guests, the week-end after PirateFest. We are
also working on site maps. We serve about 17,000 guests a year and each party checking in
receives this. It is done at no cost to the city but supported by advertisements for the
businesses. The campground has also has been represented and participating on the City’s
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Green Team, which has been formed to improve sustainability efforts within the City’s staff as a
whole. Steve Platke, our camp operator has helped us step up our recycling efforts with more
bins around the grounds and installed motion detector lighting at our dumpster enclosures and
outside arriving area around the bathhouses, as well as, timed lighting in our bathhouses.
Frank Schuman asked if he gets very much input from the big events on Tybee like the
PirateFest, Beach Bum, etc. Mr. Hemphill answered, yes sir, PirateFest is one of our biggest
weeks of the fall and Beach Bum is usually the busiest week of the year, even bigger than
Memorial Day this year.
Ms. Doyle commented good job.
George Reese presented the Water & Sewer Department report. The press is now off potable
water. It has been off since August 1st. It’s not considered reuse because it is coming off
clarifiers. We just put a new reuse pump in so hopefully the whole plant will have potable
water by the end of the month.
Bill Garbett asked how we are doing with our withdrawals as compared to our permit, which is
always a big issue. Mr. Reese replied we will be all right. We are about 100,000 less, according
to Bill Lovett, for the year for our average. We are coming down slowly.
Mayor Buelterman confirmed we are coming down.
Kathryn Williams commended Mr. Reese and his staff, as she is always getting calls from
residents who have had broken pipes, etc and they are always very complimentary of the
response time and the professionalism of his staff. Mr. Reese responded thank you, they work
very hard at it and Ms. Williams agreed.
Hillary Brodofsky, former Director of the Tybee YMCA addressed Mayor and Council and
announced she had accepted a position at the West Chatham YMCA and expressed her
appreciation for their support during the four years she was at the “Y” here. She introduced
the new Director of the Island’s “Y”, Mrs. Gina Casagrande. Ms. Casagrande has over four
years of experience with the YMCA and holds a Masters in Sports Medicine, as well as a
certificate in Genealogy, so she has a great interest in working with seniors. Her husband is a
coach at the new Island High School, so she had the team and sports background as well. She
was at the West Chatham branch so we have just traded branches. She has experience in
childcare, teens, sports, aquatics, fitness, pretty the entire gamut of the “Y” programs. I am
sure you are going to love her.
Mrs. Casagrande addressed council and expressed her appreciation for the warm welcome she
has received. She presented a slideshow presentation of the summer activities.
Mayor Buelterman expressed his appreciation to Ms. Brodofsky for her hard work and service to
the community and said she will be missed.
Mayor Buelterman commented on the $10,000 contribution to the Priceless Gift Campaign from
Critz Dealerships. The donation was made to the Island’s “Y” in lieu of giving it to St. Michael’s.
Wanda Doyle commented she had been the “Y” liaison on the board the four years Ms.
Brodofsky has been here and she has done an outstanding job at leading the “Y” into great
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things. Ms. Doyle stated she will miss her terribly, as she has been like one of her own, and
she wishes her well. Ms. Doyle stated she has spent some time with Ms. Casagrande already
and if she can be of any help to please let her know.
Jonathan Lynn presented the Community Development report. Beginning with the Better Home
Town initiatives, Mr. Lynn stated Tybee did receive their Better Hometown Designation from the
State of GA. Ms. Morton had been working on that for the last year and a half and now that is
completed she will be focusing on Third Thursdays starting back and continues working with
DCA on market studies for tourism. In addition we did receive the Bronze Level of
Sustainability for the City from the State and Ms. Morton is chair of that committee and has
done a great job on that. The zoning staff has worked on the Land Development Code and has
Article 3 coming back to council the first meeting in September. We continue to attend
workshops and we participated with the GEFA project and submitted the RFP and received the
contracts during that period, hopefully we will have that contract going here shortly and begin
the WaterFirst process. The date it was due was actually August 15, 2010 and we did meet the
deadline. Mr. Lynn stated he attended the Downtown Development training class at the GA
Municipal Association Conference and the Municipal Law training class. Mr. Lynn commented
the numbers for the quarter was 12 hearings before the Planning Commission and Mayor and
Council, worked 3 site plans for variances, 2 special reviews and 3 text amendments.
Mr. Lynn stated the big numbers that are positive in a way is the last quarter in 2010 shows our
building permit revenues were up to $48,567.00, the highest they have been in almost two
years. Hopefully this trend will continue. Not quite half way thru the quarter we implemented
the new building permit fees. So we will see how those have affected, once they go for a full
year. In addition, we did collect $48,469 business license fees during that quarter. We did well
on our projections. We didn’t quite hit the marks we had set for ourselves but we made a lot of
progress towards the end of the year.
Wanda Doyle asked if council would be able to see Article 3 in time before the council meeting.
Mr. Lynn answered it would be to them tomorrow and it would be a very clean copy that has
the word “DRAFT” on it.
Jimmy Brown gave a powerpoint presentation on the recent Hurricane Exercise highlighting the
Objectives and the Positive Feedback from those participating, as well as, Recommendations for
Improvement.
Mayor Buelterman asked if Chief Lovett had given any indication of how long it would take for
them to give us the plan for evacuation of Hwy 80 if there is a wreck. Mr. Brown answered no
sir, not a definite timeline. He is looking into that. Some of the recommendations have been
taken care of and we are working on the others.
Kathryn Williams asked about the area of concern, even with Chatham County, of the
evacuation of the nursing home patients. Do we have this area covered or is this something we
have to focus on? Mr. Brown replied that is not just a Tybee problem, it is county wide. He
spends every hurricane season speaking with CEMA, Clayton Scott and trying to work out
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something. We have even taken it to the state legislature trying to get a law enacted that
Emergency Operation Plans would have to be on file with CEMA. That did not even make it
through the house. The Emergency Operations Plans they do have are very vague. But it is in
our operation conditions for the City; my responsibility is when we go into a certain opcon
position, like opcon 4, we go over to the nursing home. We have been working very close with
Mary Sheppard over there to make sure they are aware of what is going on and if an
evacuation does come, they are out of there. One of the things that holds up the nursing
homes is they have an out of town transport that comes to evacuate the persons of the nursing
home. Unless it is a declared evacuation order or disaster, they do not get reimbursement for
the bus service. There is a fine line, it has to be a mandatory evacuation or declared disaster
for them, when they call for it or they won’t be reimbursed. It is all over the State of Georgia,
not just Chatham County. We try to keep a tab on it.
Mayor Buelterman stated we were close to enacting a law on that but the nursing home folks
fought against it.
Frank Schuman asked about transferring everything in the TEMA room to the gym in case of an
emergency because of the TEMA room being on ground level. Mr. Brown responded we leave
1/3 in the TEMA room, 1/3 in the Gym, and take 1/3 to Dublin with us. We have things in three
locations so if the School gets wiped out we still have some in the Gym, if the Gym goes we still
have some in Dublin with us.
Citizens to Be Heard
Jim Kluttz addressed council with an update on fundraising efforts to benefit the Tybee Theater.
The Friends of Tybee Theater sponsored a Wine Tasting event this past April, which was a huge
success raising almost $30,000. Shortly after, a lady that has a house on Tybee, who recently
won an academy award for “The Blindside”, who wants to remain anonymous, gave a major
contribution, which we thank her for. Mr. Kluttz expressed a major thank you to the Mayor and
Council. We believe we can restore Tybee’s Post Theater so that it can be used for movies,
performances, and for lectures. It can be something on the island everyone can use, young
and old. Mr. Kluttz referred to the “Y”’s presentation that they are basically for everyone, the
theater is the same way. The other benefit to the theater is that there is going to be an
economical benefit for the businesses. The money we are going to raise is going to be raised on
Tybee and stays on Tybee. It will benefit the people of Tybee. The City Council has agreed in
this year’s budget; to contribute if, and only if, the theater also raised money from the citizens
and the businesses. Mr. Kluttz stated they are applying for grants of small increments,
$10,000-$30,000. But most of the money is being raised on the Island for the next year to two
years. People will be working together to benefit the people of the Island.
Greg Stoeffler and Amy Gaster spoke on behalf of the Leadership Tybee’s fundraiser coming up
to support the Friends of the Tybee Theater. In February the City started a program similar to
the program in Savannah and it is called Leadership Tybee. It is a cross function of many types
of businesses on the Island and we feel fortunate enough, with others, to represent the
business community. We are proud to be a part of Leadership Tybee and have been meeting
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every month. Part of the requirements for Leadership Tybee is to break into smaller groups
and come up with a project that has a positive impact on Tybee Island. We finally came up
with partnering with what the City has committed with their matching grant fund, and a great
way for us as students in the first year of Leadership Tybee, to come in and kick start this
momentum that has been initiated by the board and the City. But we really need community
support. Mr. Stoeffler announced they will be doing a fundraiser with prefacing “FUN” Tybee
style. Coming up with a way to raise money like Buy Local, here on Tybee, raise money local,
have it stay local, and have a positive impact on the residents locally, the businesses, and the
tourists coming and our neighbors coming across the bridge. Mr. Stoeffler stated after much
talking and meetings and going through a lot of steps we wanted to make a formal
announcement to everyone of the game plan.
Amy Gaster addressed council and announced the “FUN” raiser campaign of three months of
“Fun” Tybee style. We need everyone to help us to re-open the Post Theater. Ms. Gaster
stated the name of the campaign is “Casting for Stars” and will be a Tybee star search. We
have a lofty goal because we do want to see the theater re-open and to do that we need to
take it up a notch. Our community has done this before, we have raised $100,000 for other
campaigns in the past by doing what we do best……having parties, having events, having
unique Tybee events…..and that is what we plan to have. The way we are going to do this is
have 10 contestants competing against each other to be the “Tybee Super Star”. The kick-off is
September 26th at Marlin Monroe’s. We hope this is going to be a win win for everyone. A sing
and dance routine was demonstrated. Ms. Gaster stated you can sign up at
www.tybeestars.com .
Mayor Buelterman thanked the Leadership Tybee group for taking this project on.
Shirley Sessions commented everyone is doing a great job and she concurred with Mr. Kluttz
this is a great way to bring the community together. How can you not want to get involved?
She pointed out the support of every Council since the theater has been a possibility. Ms.
Sessions indicated former council members attending tonight; Barry Brown, Dick Smith, Pam
O’Brien from 2001 & 2002 and thanked them for starting off the support of the re-opening the
theater. She also thanked Leadership Tybee for this campaign.
Mayor Buelterman thanked Ms. Sessions as she was also on that Council supporting it when it
was not a very popular thing to do, to save the theater when it was close to the wrecking ball.
Mayor Buelterman also recognized Jack Youmans as part of that support.
Richard Adams was not present.
Carolyn Elm addressed Council and stated she and the Mayor had previously spoken and she
had asked him when would Jimmy Price be reinstated, and he said soon. Ms. Elm said she is
present tonight to ask a few questions and would like a straight answer. Ms. Elm asked what
Chief Price did wrong to be suspended. Mayor Buelterman stated when he met with her and
they had a good and cordial meeting he had stated we would resolve this issue soon, however
it played out. Mr. Hughes stated there had been a lot happen since you had that meeting. One
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of which is a proposal to resolve the status of the Chief and that is on the agenda tonight under
his name. He stated council could take it up early if the council wishes to. It basically involves
reinstatement and retirement by the Chief with him receiving benefits under the agreement. It
is a mutual resolution, and in his view, is in the best interest of the City. Chief Price has signed
it. Mr. Hughes stated council will have to address it. He said he doesn’t think in light of the
fact it hasn’t been signed and the nature of the agreement is such that it doesn’t become
effective for several days that it would be improper to be discussing any details about how we
got to where we are because of that and because of related litigation council is familiar with.
Mr. Hughes stated he wished he could give a better answer but under the circumstances that is
all he can say and will say. Ms. Elm asked if it has to be voted on tonight. Mr. Hughes
responded, yes. Ms. Elm asked if Chief Price is in agreement with this. Mr. Hughes answered
we have an agreement that has been signed by Chief Price. Ms. Elm asked the Mayor if he or
any other council member had brought in Chief Price to talk with him when the tasing incident
happened. Mayor Buelterman stated Mr. Hughes had asked that he refer any questions to him.
Mr. Hughes stated it would have to be the same answer. The City is a defendant in a lawsuit
that has come out of the tasing incident and he doesn’t want council to comment on anything
related to that incident. There is no upside in doing so.
Ms. Elm stated when they had the petition signed; it was signed to have Chief Price reinstated,
to become our Chief of Police again. For years Tybee has been a safe place. Now we had
better start locking our doors and our cars. Just the other night, two young women were
robbed at gunpoint down on the strand. Ms. Elm commented she thought Chief Price should be
shown respect for the 31 dedicated years he has given to the City of Tybee and should not be
thrown away like yesterday’s trash. Respect is missing here and in our country. That is what’s
wrong with us today. You cannot learn it, you earn it. After 31 years Chief Price has earned it.
Sundi Marino addressed council stating for several reasons she also wanted a resolution, but
she wanted the right one. We need to show there is no weak link out here. Several people
have already mentioned the rash of crimes already and referred back to what Ms. Elm had
mentioned about the robbery. Two men with guns went into a condo on Strand, where a
bachorlette party was in progress and stole all the women’s’ purses. This adds to the home
invasion, the pistol whipping, the pharmacy armed robbery and the guys stealing out of the
cars and from beachgoers. Jimmy Price has dedicated his career to serving this island. Ms.
Marino stated she speaks for herself and for others that feel they can’t speak up because of the
consequences they may face. If someone doesn’t agree with how this city is being run or
stands up to the City Manager, or says no to her, they are gone. Ms. Marino commented our
Police Force has been threatened by her scare tactics…….Mayor Buelterman interrupted and
stated she is making allegations against people that are unfounded in his opinion. Ms. Marino
stated she has a source. Mayor Buelterman stated she was making a threat that in somehow
this City and this Council would hold people to account or there would be consequences if
somebody came up and said something………every meeting people come up and say something
and then we go out and have dinner with them. Ms. Marino stated she wasn’t talking about
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public people; she was talking about city employees. Mayor Buelterman stated he understood
what she is saying but he feels it is unfounded. Ms. Marino said she has several sources that
have told her they have been threatened with little stories that people have found out and is
holding over their heads and using against them. They are afraid of losing their careers and
pensions. Ms. Marino stated many businesses feel it is hard for them to stand up because
things could be made difficult for them. City employees are afraid to talk to anyone anymore
because of repercussions within city hall. Ms. Marino urged council to not support the proposed
agreement, to let Jimmy Price go back to work and retire on schedule. We are paying him to
do that anyway. Push your personal agendas aside and ask yourself, if he can be pushed aside
for no reason, who else can be? This isn’t about the tasing case. The GBI made that perfectly
clear. Jimmy Price did nothing wrong. Ms. Marino stated if he is being punished for what his
officers did and what actions they took; if he is being held accountable and responsible for that.
Then; his superior should be held responsible and accountable because she was MIA that week-
end. Ms. Marino said don’t let her bully you or push you because the citizens will remember
come next November.
Ann Miller addressed council on the alcohol license for the North Beach Grill being brought up
tonight. Ms. Miller stated the lawyer hired by council signed a letter on May 4th, Kathryn
Williams signed a Blind Trust on May 20th, and council issued her an Alcohol and Liquor License
on July 22nd, so the Blind Trust was broken. Ms. Williams was not supposed to be doing that.
Ms. Williams has been operating since August 9th and has had problems over there. Ms.
Williams or the business put out a flyer and stuck them on people’s doors. Ms. Miller
commented she had a friend call her with one. It was an advertisement but had a paragraph
stating they had had a problem that previous Wednesday night with music and please be sure
and call them if there were any problems. Ms. Miller stated her main concern is if council
allowed Ms. Williams to operate for two weeks with a license that should have been null and
void or never issued in the first place. Ms. Miller asked council to please think before issuing
another license in Mr. Spriggs’s name when they can’t seem to follow their own rules.
Kathryn Williams stated the Application for the Business License the North Beach Grill is
operating under was submitted months and months ago and upon the advice of the
independent attorney we are redoing that. Ms. Williams stated there were no advertisements
passed out at all. There was a letter delivered to the neighbors and it was not an
advertisement. Ms. Miller stated it was an advertisement. Ms. Williams stated she would be
happy to share it with you. Ms. Miller responded she had it at home…. Mayor Buelterman
interrupted and asked Ms. Williams to make her point. Ms. Williams responded her point is
what was just stated is not true.
George Spriggs addressed council stating he is the other owner of the North Beach Grill and
wanted to clarify some of the things that had just been said. He stated the letter that was sent
out a few days ago was the result of a noise complaint they received on Wednesday evening
when there was entertainment at the North Beach Grill. Mr. Spriggs stated he and Ms. Williams
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felt it would be a good idea just to send a letter to the neighbors letting them know we were
very much in favor of being good citizens and good neighbors and that we would abide by all
noise ordinances. And if there was a problem, their first line of communication could be us.
We personally had the advertisement delivered. Mr. Spriggs said the application before council
tonight is to transfer the Business and Liquor License from Ms. Williams name to his.
Ms. Miller stated the paper she has at home and is referring to was stuck in her friend’s door.
Isn’t that illegal? Are we supposed to put flyers out? Mr. Hughes stated there is an Ordinance
that prohibits handbills and flyers and similar distributions, yes. Every couple of years we run
into the constitutionality of that. There is an Ordinance that is on the books.
Ms. Williams asked, didn’t that deal with windshields and mailboxes? Mr. Hughes stated that is
correct, but it is actually in the Sign Ordinance with a separate prohibition on peddlers, that
would theoretically prohibit that. Mr. Hughes stated it is very suspect constitutionally frankly.
Ms. Williams commented this was a letter delivered to the immediate neighbors, it wasn’t
something widely passed out. Ms. Miller restated it was stuck in her friend’s door. Mr. Hughes
commented he would have to look into it. Ms. Miller stated during the elections they were told
they couldn’t do that. Mr. Hughes said that is what he is talking about; the whole issue of
passing out documents leaving them on cars, houses, and all of that. There is an ordinance
that restricts passing out documents and that is when the issue of its constitutionality came up
and it’s close.
Ms. Miller read on the back of the agenda tonight that items are supposed to be in by
Wednesday noon; Ms. Williams was in with the liquor application to change into Mr. Spriggs’
name on Thursday, which was past due, how did it get on the Agenda? Ms. Williams answered
she did not handle it at all and she believed it was turned in on Wednesday.
Consideration of Boards, Commissions and Committee Appointments
Historic Preservation Committee
Mayor Buelterman stated there had been emails back and forth and questions about the
Historic Preservation Committee and asked Mr. Garbett to comment on it.
Mr. Garbett issued a plea for volunteers to serve on the Historic Preservation Committee and
stated this is an extremely important part of preserving Tybee and a major part of our Better
Hometown program. We currently have two open positions of three year staggered terms. The
qualifications are you should have a great interest in historic preservation or architecture or the
beauty of Tybee. You do need to be a resident and that has really cut out some of the gifted
preservationists that happen to live in Savannah or Wilmington Island. For instance, it
disqualifies Cullen Chambers. We do currently have three recognized Historic Districts on the
Island; Fort Screven, the Strand area, and the Back River area. We would really like to put in
place the protection and the opportunity for people who own these historic buildings to benefit
from tax advantages, building permit exceptions, for instance, you don’t have to bring it all up
to code if you have this historic district…..let’s just say we are reopening applications for this
and ask citizens to please apply and we will keep it open until it is filled.
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Ms. Williams stated on most committees you do have to be a resident, but as Mr. Garbett stated
in some incidents there are many highly qualified people in the area that could really be an
asset. Mayor Buelterman commented that on the Beach Task Force we have people serving in
an ex-officio capacity. We can certainly have people come in and advise. Mr. Garbett
commented we would always have Mr. Chambers come in and advise and others like Bob
Ciucevich that will participate. Mr. Garbett concurred with Ms. Williams and asked if we could
expand the qualifications and have a few non residents, it would certainly benefit. Ms. Williams
asked Mr. Hughes if there was any legal reason why we could not do this. Mr. Hughes stated
none that he was aware of.
Mayor Buelterman stated someone could put that on the next agenda.
CORE MPO Citizen’s Advisory Committee
Mayor Buelterman stated this was to replace one of our long standing representatives on the
Metropolitan Planning Commission’s Citizen’s Advisory Committee. He asked Henry Levy how
long he was on that committee and Mr. Levy responded about ten years. Mayor Buelterman
stated every year Mr. Levy fought for the road, the crosswalks, and the bike lane on the bridge,
just like the Mayor had asked him to. Mr. Levy commented at the last meeting he attended
they had agreed to put the Tybee road, for safety, a priority above every other road project in
Chatham County. Mayor Buelterman thanked Mr. Levy for doing a good job.
Mayor Buelterman stated anyone wishing to fill that position, we welcome the application.
Bubba Hughes
Proposal regarding Jimmy Price
Mr. Hughes stated what was before council was a document that had been signed by Chief
Price yesterday and it basically agreed on the seventh day following execution by him, he would
be reinstated and then retire as Chief of Police. It provides for certain benefits to be paid in
exchange for a release, which is customary, in these circumstances where you have a
separation and securing a release. It doesn’t affect his pension in any way and is written in the
document as well. For a number of reasons, I recommend this to you, particularly as the Chief
has signed it and agreed to it. Mr. Hughes stated Mr. Painter, Chief Price’s attorney, is
presently out of town, but he spoke to Mr. Painter and he will sign it Monday. Mr. Hughes
encouraged council to approve this.
Mayor Buelterman called for a motion.
A Motion by Shirley Sessions to approve the agreement as the City Attorney has advised with
the understanding that Chief Price has agreed and has participated in this resolution was
seconded by Paul Wolff. Ms. Sessions stated certainly there is no discounting the wonderful
job the Chief has done for the community and that is a separate issue that needs to be
acknowledged and addressed at a different time
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Wanda Doyle asked Mr. Hughes to go over again the reinstatement process; the number of
days before the vote is called for. Mr. Hughes answered the agreement provides that there is a
certain amount of time period provided by law in these circumstances that is kind of like the
right to recision if somebody sells you something at your front door you have three days to
withdraw it. This is a seven day provision and if council approves this, seven days following his
signature, seven days from yesterday, next Thursday he would automatically be reinstated and
simultaneously retire so that he is not under suspension or anything else. The rest of it is the
release terminology. Of course, he gets whatever benefits had been approved and pension
benefits.
Bill Garbett commented everyone in this community knows this has been a painful experience
and I know it has been for the Council. He stated he personally is having an extremely difficult
time approving this because of the precedence it will set. It is to some degree a
mismanagement of funds; it is not an appropriate use of funds. Mr. Garbett stated on the other
hand, we have something that has not been proposed by the City Manager. This is something
that has been proposed by the City’s counsel and other attorneys working on litigation involved
with this city. Mr. Garbett stated he is torn, he believes accepting this is going to be the best
thing for the City, but he is only doing this on strong advice from counsel, not just Mr. Hughes,
but other people involved in this. Mr. Garbett said he really wished the people of Tybee would
consider that when they want to ask council why they made this decision.
Wanda Doyle stated she had been a supporter of Chief Price’s since all this started. This has
been a very difficult decision for her for many different reasons. She stated she had spoken
with Chief Price and his name, his signature is on this reinstatement, retirement, and release
form and for that reason she thinks he agrees with this because his signature is here. Maybe
his heart says one thing and his mind another. Ms. Doyle stated she does support this but for
a different reason than from what Mr. Garbett is saying. Ms. Doyle said she wants the people
out there to know she has supported Chief Price throughout this whole process
The vote was Sessions, Wolff, Doyle, Garbett and Williams in favor and Schuman opposed.
Consideration for the Consent Agenda
A Motion by Paul Wolff to approve the consent agenda was seconded by Kathryn Williams. The
vote was unanimous.
Mayor Buelterman called a short break.
Mayor Buelterman called the meeting back to order.
Public Hearings
Mayor Buelterman opened the public hearing and stated this had been on the agenda the last
meeting but council had delayed it so we could give a little bit more information to people on
this issue. The main issue is that our Water Sewer Fund is not breaking even.
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Mayor Buelterman asked Diane to explain the PowerPoint slide on the screen.
Ms. Schleicher explained, Ms. Hogan, the Finance Director, had done a water revenue
comparison and she will be more than happy to explain it to you, she would start with some
history. Ms. Schleicher explained the City Council in December, 2008 adopted a rate structure,
the first set of rate changes for the tier rates and they would start in January of 2009. There
was a second and third set of increases that were to be potentially adopted. One was to be
adopted in June of 2009 for review and one at the beginning of this year. We did not review
those scheduled but after looking at where we are with Water & Sewer, we realize even with
the new automatic readers and monthly billing we need to go ahead and adopt the last rate
structure that was scheduled for January of 2010. Ms. Schleicher stated she wants to make
sure the Water & Sewer Fund is made whole because after looking at our unaudited budget we
are short about a quarter of a million. She had asked Ms. Hogan to do some calculations on
adopting that third tier, which would have been what we would have done in January, and
would help us shore up that short fall. Ms. Schleicher stated that is shown on the green column
of the chart displayed. Ms. Hogan stated what she thought she was asked to do was to
compare where our revenues would be if we left the rates where they are now versus where
the revenues would be if we adopted the January 2010 rates which were proposed by the
engineering firm. On the exhibit shown she stated she took the lowest month of consumption,
January 2010, and the highest consumption or usage month, June 2010, and applied the
current rate and the proposed increase rate to it. She used primarily only the Water Fund. Ms.
Hogan noted if indeed we propose the rate that was proposed by in December 2008, when they
sort of didn’t know what they were talking about back then, and if we can pass that rate, with
just a few thousand dollars short it will make us whole this year. The only problem we are
going to have with this year is we have already passed two whole billing months. If we had
started this on January 1 we would indeed be 100% whole. In future years we can be whole
again. Ms. Hogan stated she wanted to point out the yellow highlighted items on the two
charts. Single family homes that use less than 3000 gallons a month will see no increase at all.
This increase is based on the tiers based on charging those people that use what might be
considered more than their share, and she is not being judgmental, but those that use more
than others, are going to pay more at a higher rate. The increases are primarily in buildings
that have multi-units, a duplex, and triplex and for those that use more than 3000 gallons a
month. Those are the only two groups that are being affected. The water revenue increase
would be about $130,000 and the sewer increase about the same. That puts us at about
$250,000 higher than what our current deficiency was last year. For this year it will just get us
through till the end of the year.
Mayor Buelterman asked what happens if council does not approve this. Ms. Hogan responded
then you are another quarter million dollars in the hole again next year. Mayor Buelterman
asked where that quarter million dollars would come from? Ms. Hogan answered probably the
undesignated, unreserved funds. Ms. Hogan stated the biggest problem is going to be your
revenue bond. The bond requires the rates be set high enough to meet the expenses and that
is not what we had currently done. As we have currently not set the rates high enough to
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meet the expenses of the department. Mayor Buelterman asked what happens if the bond
rating goes down. Ms. Hogan answered they could call the bond on us at any time if we are
flagrantly ignoring the requirements of the bond, they could actually call us, where we would
have to pay them the balance that is owed on the bond. She stated she didn’t know if they
would do that, but if you have the chance to be in compliance and you have the chance to
operate one of your departments at even steven and constantly not be operating in the red, it is
fiscally a responsible idea and that would be her recommendation. Ms. Hogan stated we could
look at cutting cost, and that is always the other option. Besides raising revenues you go back
to that budget and see where you can cut more expenses. It doesn’t look like there is a lot of
fat in that budget, or in any budget, but that is always an option. Mayor Buelterman stated we
had talked about this at the last meeting and why it looks as if expenses are going up. But the
answer was that a lot of it was, we were using this revenue to pay down the loans we took out
to do a lot of the various projects like Ft. Screven waterline, Butler waterline, and a lot of the
other things we had done. Is that right? Ms. Hogan answered yes and stated if she could be
candid, we have been in the hole in this fund for a few years but basically in order to meet
expenses and have the funds to take care of emergencies and repairs we have just been
borrowing money for the last few years. Which has worked for you but now we have managed
to have our loan payments; principal and interest, just for this fund, at a million dollars a year.
Because we continue to borrow every time something goes wrong. At some point, as does
every consumer, we need to start paying our debts down. Ms. Hogan stated we can continue
to wait until something else happens and go borrow more money but that would not be her
recommendation. She stated this is a public hearing so she will let others give their opinion.
Mayor Buelterman commented we are basically just kicking the can to another generation.
Wanda Doyle asked if we go with the orange column the fund will break even? Ms. Hogan
answered basically with just a little bit left over, about $20,000 a year. Ms. Doyle stated she
had mentioned this at the last council meeting because one of the hotels had mentioned it to
her. But if there are 100 units that means there are 100 units that may sit idle for a month or
maybe just half of them, they are still paying that base rate of $46 or whatever it is. Ms. Hogan
answered it would depend on how many meters there is. Ms. Doyle responded it depends on
the number of meters? Ms. Hogan stated that is correct, each meter pays the base rate. Ms.
Hogan stated she didn’t know which hotel Ms. Doyle was referring to but some of them are
configured separately. Ms. Schleicher commented when it is a multiple unit, what happens is
$24 or $25 each meter then each unit, no kitchen……..for the water for a Commercial unit is
$10.87 and each unit with no kitchen is $7.00 for the water. For the sewer charge, each unit is
additional $7.00. The total is $14.00 and is the base rate for each room if it is sitting idle, per
month. So if you are looking at the Ocean Plaza or the Desoto and you have a room that is not
rented and there is no consumption or you are looking at the base rate for that room it is
$14.00 for water and sewer. That is the stand by rate. Basically what we have built in for the
base rate is infrastructure cost, the standby, the maintenance and taking care of the system.
The standby built in cost is built out across the whole rate. Then the consumption is basically
the cost of treating the water, delivering the water and on the sewer side, the cost of treating
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the outflow. That is the thought. When you have the base you should basically, have the cost
of having the water, treatment plant, and availability of having the sewer plant year round. You
don’t know if someone is going to need that in water & sewer in January, you have to spread it
out. You have to have the plan available, the staff available, the chemicals to take care of
everything and you have to have all of this year round. Because someone might not rent a
room or occupy a house seasonally, you still have to have the treatment plant to take care of
the wells year round. So we have to spread that cost year round. That is what that standby
base rate is based on. Ms. Hogan commented it is similar to your phone bill, if you don’t use
your phone at all you still pay your base rate. Ms. Doyle commented if Ocean Plaza is sitting
there with 50 empty rooms for two months they are paying $14.00 for each room. Ms.
Schleicher commented to clarify they were paying $12.00; it is going up to $14.00.
William Mosley addressed council with concerns the increased rates will punish large families
like his. He has 7 children and 2 grandchildren, most of which live with him, and yes they use a
lot of water. His water bill currently runs about $197.00 a month. He stated he can’t take
more. He does have a rental unit. He asked what is going to go on with this. He pays the
double base fee and he understands the tier fees and wanting people to conserve. With that
double base fee why can’t he have double the water before it increases, just like a single
person in a single home. The first 3000 is included in the base, it goes up after 5000. Mr.
Mosley asked, if he has a double base why not make it 10,000 before he gets hit with his
increase in the tier.
Mr. Wolff answered you have 3000 for the house and for the rental unit, if you are paying two
base fees. Mr. Mosley stated no one has been able to explain things to him. Mr. Wolff said the
base fee is for each meter, if you have two meters. Mr. Mosley answered he has only one
meter. Mr. Wolff answered oh. Well…. Mayor Buelterman confirmed with Mr. Mosley there was
only one meter for both units. Mr. Mosley responded yes, only one meter but he has been told
he pays a double base meter fee because he has the two units. Mr. Wolff answered he thought
he was supposed to have a separate meter for each legal renting unit. Mr. Mosley answered it
has been there for forty or fifty years.
Mayor Buelterman asked staff if it was standard if they have one meter for multiple units they
pay double the base rate. Ms. Doyle commented that is one of the complaints she heard from a
friend that has a house with two apartments and one meter, it is an older home like Mr. Mosley
is talking about, but he is paying triple. That is one of the complaints and something she hasn’t
been able to explain to him.
Mr. Wolff stated the way it was originally set up and should be is; for each base rate you pay,
you get 3000 gallons a month. That is it. That is the way it works. So, even if you only have
one meter but you are paying two base rates, and he doesn’t understand how that is happening
and that is what is throwing him off, he doesn’t understand why he is paying two base rates if
he only has one meter. Mr. Mosley stated he was told it was because he has a second unit
with a kitchen, he gets charged a double base fee. That is the way they did it when they didn’t
want to give out the meters. Ms. Doyle stated that was happening. Ms. Hogan stated she
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would look into this and see what has been happening. Mr. Wolff answered; you should be
getting the 3000 for each base rate you pay. Ms. Schleicher responded yes if he is paying a
base rate it should be 3000 gallons for each one he is paying. Mr. Mosley asked if it goes into
the tier will it go for that same way. Ms. Schleicher answered yes; each base rate comes with
3000. If you have not been receiving that, then we need to look into it. Ms. Schleicher stated
we will work on this in house.
Mayor Buelterman commented the $197.00 water bill is too high. Ms. Schleicher answered she
thought so too and will look into it and make sure he is being billed correctly.
Ms. Sessions stated this would apply to anyone in this same situation.
Mr. Wolff offered Mr. Mosley some advice in making sure with that many family members to
make sure he has low flow toilets, etc. Ace Hardware has a dual flush for about $20 and will
save a lot of water and money.
Kathryn Williams asked the City Manager would a situation like the Mosley’s fall under
“Residential Multi- Family” and then per kitchen. Ms. Williams stated there is “Residential Single
Family” and “Residential Multi-Family” which, she assumes means another unit, or a mother-in-
law suite or something like that. Ms. Schleicher answered right, we will find out exactly what
his situation is. But whatever, he is allowed 3000 for each base rate, that is already built in so
there may be a mistake somewhere and staff will look at his bill and make sure it is done
correctly. If anyone else has a question if they are being billed based on a multi-family use,
they should make an appointment with staff. They will look at their particular situation and
analyze it and make sure they are being billed correctly. It may just be a misunderstanding on
how to categorize them.
New Water and Sewer Rates
Mayor Buelterman closed the public hearing.
A Motion by Paul Wolff to approve the suggested rates at the recomendation of the Finance
Department was seconded by Bill Garbett.
Mayor Buelterman asked if the Water/Sewer Committee ever voted on this. Paul Wolff
answered the Infrastructure Committee looked at it again this week and made the same
recommendation to approve it. Mayor Buelterman asked if that was a unanimous vote. Mr.
Wolff answered yes it was only Mr. Garbett and himself, Ms. Williams was not present.
Wanda Doyle asked if George Reese supports this. Mr. Wolff answered yes. Mr. Reese does
not have any money to work with. He has been deferring improvements that the Water/Sewer
system needs because he doesn’t have enough money. This will help a lot to keep things
operating properly. Ms. Hogan asked for council to please set a date. Does it start tomorrow,
next month or when?
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An Amendment made by Paul Wolff to add that the rates become effective with the October
Billing for September’s water was seconded by Bill Garbett.
Kathryn Williams stated she wanted to point out; council members all have to pay the increased
fees as well. This is not something that was done lightly, not only did the Finance Department
have a great amount of input but the engineer has as well, dating back to the last council when
these tiers were put into place. This is something none of us have taken lightly but it is based
on the advice of all the experts that it is something that has to be done to balance that fund.
Mr. Garbett reiterated it is an Enterprise Fund and it has to pay its way. Basically it is not and
we are going against our own policy in the current situation. He reminded everyone that the
increase for people that use the base rate will be zero and people who are in the 3000-6000 a
month tier, your bill will go up about $2.00. This is not a tremendous increase but over the
3500 units it will make up the difference in what we are losing now and what we need to break
even. As Mr. Wolff has stated there are a number of projects that Mr. Reese is waiting on. He
is repairing motors instead of replacing them, and things like that. This will certainly help us
maintain our system in a much more efficient manner.
Shirley Sessions stated she wanted to reiterate this was part of the audit findings over a period
of many years. Ms. Schleicher agreed and said that we were not meeting our bond
requirements because of the short fall. Hopefully this, not this audit, but future audits we will
not have that finding, when we are made whole.
Mayor Buelterman commented this is why it is so important for us to get money from Splost to
do water and sewer projects.
The vote was unanimous.
Consideration Local Requests & Applications-Funding, Special Events, Alcohol License
Application for Business License, Retail Beer/Wine/Liquor Alcohol License and
Entertainment for North Beach Bar & Grill, Applicant: George L. Spriggs, Jr
Location: 33 Meddin Drive.
Kathryn Williams recused herself.
Mayor Buelterman asked Mr. Hughes to explain this.
Mr. Hughes explained a license had been applied for the business by Kathryn Williams early on
and was conditionally approved. The conditions were apparently satisfied or thought to be
satisfied and somewhere in there we got Mr. McRae involved to render an opinion on Ms.
Williams involvement in the business, and the license should not have been applied for in her
name. This is not really transferring the license in as much as it is transferring the application.
It is rather unique. It is just really cleaning up where we are. It is by Mr. Spriggs so it gets Ms.
Williams out of the relationship between the business and the City.
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A Motion by Frank Schuman to approve transferring the applications and the license would be
issued in the new name was seconded by Shirley Sessions.
Ms. Doyle asked if then there is really no issue with council going thru this process, there is no
problem with them continuing selling, business as usual with alcohol sales, right now at this
point. This is a question she has been asked several times and she just wants the clarification.
Mr. Hughes answered he has been doing his best to avoid having opinions on anything relating
to this. This is a very unique situation. We haven’t had an application transferred for this sort
of reason ever. His thought was it would be unfair and inappropriate not to consider it as a
continuation of the license. Once they satisfied the conditions that were imposed on them; as
far as the Health Department issues, inspections, back taxes, and that sort of thing. Ms. Doyle
stated so it is like Mr. Spriggs stated it is just to come into compliance. Mr. Hughes answered
right. The situation could be argued on either side, but what sense does it make to stop it in
the mean time. As a practical matter, Mr. Hughes stated he doesn’t see where it would be in
the City’s best interest to treat it any other way.
The vote was unanimous.
Consideration of Ordinances, Resolutions
2nd Reading Ordinance to Amend the Code of Ordinances Section 70-43, Bill
adjustment for water leakage and special circumstances.
A Motion by Wanda Doyle to approve was seconded by Paul Wolff. The vote was unanimous.
2nd Reading Ordinance to Amend the Code of Ordinances Section 5-90 Variances
to add Section 5-090 (f) Notwithstanding any other provision of the Code of
Ordinances, no application for a variance may be accepted nor may any variance
be granted with respect to any property that is then not in compliance with the
requirements of Ordinances for the condition on which the variance, unless the
applicant files with the application a detailed written explanation of how, when,
and by whom the need for a variance was created.
A Motion by Wanda Doyle to approve was seconded by Paul Wolff. The vote was Doyle, Wolff,
Schuman, Sessions and Williams voting in favor and Garbett opposed.
City Manager’s Report - Diane Schleicher
Action Items List
Mr. Hughes asked if council would add the Juvenile Ordinance to the action items list.
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Ms. Doyle stated that would be a good idea. They had briefly touched on it at the Public Safety
Meeting and she had talked briefly with Interim Chief Bryson and she wanted to talk with Mr.
Hughes about it. She and Ms. Schleicher will be talking with Mr. Hughes and then placing the
ordinance on the public safety agenda for September.
Shirley Sessions stated we had agreed that no one had any questions on the Action Items and
had talked about it at the workshop, so does anybody else have anything.
Kathryn Williams stated it does seem to be missing some ideas we were going to add. She
would go through her notes and would email them.
Mayor Buelterman asked when we are taking up the off-season parking issue. Ms. Doyle
answered she was going to put it on the first meeting in September because it is a time
sensitive issue.
FY 2010 End of Year Final Budget Adjustment
Mayor Buelterman asked Ms. Schleicher or Ms. Hogan to explain the significant adjustments
that were made in this versus what we approved when we approved the budget. Ms. Hogan
replied what she did and what she thought is expected of her is; once all the revenues have
been counted and all the expenses have been counted we sort of make one budget adjustment.
Take all the revenues and put them where they belong, and get all the expenses all shored up
so in the end it is just cleaning up the books. For the most part there was nothing significant; a
few accounts may have been over budget and others under, those kinds of minor accountant
kinds of adjustments that don’t have a significant impact on the management of the issues of
the City. The biggest one that kind of saved us this year was we had budgeted about $550,000
to be transferred from the General Fund to the Solid Waste Fund, because we had similar issues
with that fund that we had with Water/Sewer. In the end, thanks to a huge part of her staff
working really hard and a small rate increase, we only ended up having to transfer only about
$58,000. That was a huge amount of cash we had not budgeted to spend on anything else and
at the end of the year was able to use and spread through out to kind of shore us up in some
of the other places. Our engineering bills, our legal line items, several line items that were
much higher than what had been budgeted. At the end of the year there really was no cash so
that overage kind of got distributed equally. The auditors will give you the actual numbers and
she really doesn’t want to tell council where we are at year end because the auditors are still
doing their work. They really don’t expect any huge adjustments. Ms. Hogan stated that is
what she had done and what she felt she was expected to do but if council would like her to do
anything else, let her know.
Mayor Buelterman stated council has agreed they think she is doing a great job, audits are
being done in a timely manner and everything seems to be going well and they appreciate it.
A Motion by Frank Schuman to approve was seconded by Kathryn Williams. The vote was
unanimous.
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Council, Officials and City Attorney Considerations & Comments
Jason Buelterman
Corp of Engineers Letter-Extension of Tybee’s Beach Erosion Control Project
Mayor Buelterman stated we had inquired as to the Beach Renourishment Federal Project’s
sunset in 2023 or 2024. It has a sunset of fifty years, which means we could theoretically get
thru two more beach renourishments, and we asked what we do to extend that. The letter was
written in Federal jargon that he really didn’t understand and he is going to forward it to
Congressman Kingston and ask for guidance. Mayor Buelterman requested that the letter be
included with the minutes.
Bill Garbett
Coastal Saltwater Intrusion Stakeholder Meeting Report
Mr. Garbett stated Georgia and South Carolina have a joint task force that looks into the issue
of saltwater intrusion in our freshwater wells and the Aquifer, which is where we draw our
drinking water from. Many of you know Hilton Head is already being severely impacted. They
have wells on both sides of the Island that are unusable because they are contaminated with
saltwater. That is partly an effect of the topography of the underwater aquifer, it is much closer
to the surface there then it is here. The reason they have had saltwater intrusion there is
because Savannah draws so much water. We have known that for years and have been looking
into ways to mitigate it but the two states have been fighting over who’s model to use. They
finally came together and have a model that both parties agree on and they know what has
been happening and are setting up a steering committee. They would like someone from the
City of Tybee to be a member. They have asked him but we could find someone else to keep
abreast of this. This is not forecast to affect Tybee until the year 2050 but it is going to hit
Tybee.
Mayor Buelterman stated it wasn’t forecasted to hit Hilton Head until long off and it got there a
lot sooner than they expected. Mr. Garbett stated Hilton Head just budgeted four million dollars
for a pumping station to take treated water from the Savannah River and inject it into the
Aquifer in the off season so they could pump it out in the new season. That doesn’t include the
price of the water they are buying it is just the facilities. Those are things we all need to be
aware of. Mr. Garbett stated he had not gotten permission to travel out of state to that
meeting and he needs to ask permission for that from council.
Mr. Wolff asked for clarification if Mr. Garbett was saying the four million dollars Hilton Head
budgeted is for aquifer storage and recovery, which has been a hot topic in Georgia and voted
down every time. Mr. Garbett answered that is correct. It is prohibited in Georgia but
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permitted in South Carolina. Mr. Wolff commented same aquifer though. Mr. Garbett
answered yes. Mayor Buelterman commented Hilton Head is paying for it. He stated he had
brought up at a local legislature delegation meeting that if Tybee gets hit with saltwater
intrusion we should not be responsible for paying for that kind of thing because we do
everything we can.
Shirley Sessions commented if we did get hit with that we would have a lot more to worry
about than beach renourishment. Kathryn Williams commented or water rates.
Mr. Garbett stated if we stopped pumping water today we would have saltwater intrusion in the
foreseeable future. Just cutting back a little bit is really not going to do much for the problem.
Mayor Buelterman stated we should adopt a resolution at a future meeting that we are not
going to be responsible for paying the bill. Mr. Garbett stated there may be, the channel
deepening is probably going to reduce the thickest of that impervious layer so that is going to
aggravate it a little bit in our situation and we need to ask them if they have studied that.
Mayor Buelterman commented the Stakeholder Evaluation Group says it won’t.
Kathryn Williams asked if they were going to guarantee it. Mayor Buelterman commented he is
surprised Hilton Head has not gone after funding from others causing, what is called the Cone
of Depression.
Mayor Buelterman asked if Mr. Garbett would be willing to spearhead the Resolution to the
State to let them know we are paying attention to this. Mr. Garbett agreed.
Mayor Buelterman asked for approval of the out of State travel for Mr. Garbett to attend this
meeting.
A Motion by Shirley Sessions to approve out of state travel after the fact was seconded by Paul
Wolff. The vote was unanimous.
Kathryn Williams
Usage of Public Restrooms
Ms. Williams stated she has had several communications with Dean Morrison and he has been
having a huge problem with people taking mini showers in the sinks when they change their
clothes and it clogs up the plumbing and causes a lot of problems. She has also heard Joe
Wilson at the Infrastructure meetings state the City is also facing this problem, the sand in the
sink. It is not helping the plumbing situation at all. She wanted to see if council has any ideas
of what we can do. She stated she and Ms. Schleicher had spoken and agreed they don’t want
to introduce an Ordinance that would be extremely difficult to enforce island wide. But do feel
it would be in the best interest of the community if we could address it in some way. Explore
the usage of signage asking people to only use the sinks for hand washing or something along
those lines. She wanted to introduce it and thought there were going to be some people here
to speak on it but that is not the case. So if council has any thoughts or ideas, we don’t want
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to do anything that is going to have a negative impact on tourism but a lot of people are not
going to be happy being told they can’t do this in a public restroom. People coming behind
them aren’t going to be happy either seeing a disgusted sink full of sand, and not be pleasantly
impressed with our restroom facilities either. It is kind of like a double edge sword. Maybe we
can put it on a workshop agenda or action item list to come up with some ideas. Or maybe the
Tourism Council can be asked to assist with how we can address this problem without
negatively impacting our guests, while protecting our City resources, and in the case of the pier,
County resources as well.
Shirley Sessions stated it is an issue that needs to be addressed, the frustration level, not only
with Mr. Morrison, but plumbing and cleaning the restrooms as well. It also holds up people
being able to use the facilities. Maybe it would be feasible to check other coastal community
ordinances. And with signage is this something we need to be helping Mr. Morrison with
financially in our own restrooms. She asked Mr. Hughes if he is familiar with any ordinances.
Mr. Hughes answered not really but he hasn’t really looked. She agreed we do want visitors,
tourism and day trippers but it is tough thinking about people going back where they came
from all sandy but ….we only have foot washers. What she is hearing Mr. Morrison say is
people are actually taking showers in the sink with soap, towels and all. That is a problem.
Ms. Doyle stated they are doing it in city bathrooms as well and restaurants where they can get
in to change.
Mayor Buelterman commented he still believes if you have showers, that the use wouldn’t make
such a difference, because you have them on anyway and you have the issue of them using the
bathroom water more. If you had low flow showers and he understands Mr. Garbett’s issue
with the aquifers but we do not use too much water. Ms. Sessions stated she agrees but
remembers seeing people with soap and shampoo and taking full showers, but agrees with the
Mayor it would be nice to have a few showers and look into the public facilities not to be used
as a bathhouse. Mayor Buelterman asked if we can get the business community involved. Mr.
Garbett suggested looking at sinks that would not allow this, but doesn’t think the showers will
make all that much difference. Ms. Doyle suggested she would take this item to the Tourism
Council.
Ms. Williams asked Jonathan Lynn to ask Chantel Morton to solicit input through businesses
associated with Better Hometown. Mayor Buelterman clarified to help find creative ways to
discourage improper use of public restrooms.
Executive Session
A Motion by Paul Wolff to go into Executive Session to discuss Litigation and Personnel was
seconded by Wanda Doyle. The vote was unanimous.
A Motion by Paul Wolff to go back into Regular Session was seconded by Wanda Doyle. The
vote was unanimous.
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Adjournment
A Motion by Paul Wolff to adjourn was seconded by Kathryn Williams. The vote was
unanimous.
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20100909 City Council Minutes
Mayor Jason Buelterman called the Consent Agenda meeting to order at 6:30pm on Thursday,
September 09, 2010. Council Members present were Mayor pro tem Shirley Sessions, Wanda Doyle, Bill
Garbett, Frank Schuman, Sr., Kathryn Williams and Paul Wolff. Also present were City Attorney Bubba
Hughes, City Manager Diane Schleicher and Zoning Director Jonathan Lynn.
Mayor Buelterman listed the following items on the Consent Agenda:
August 12, 2010 Minutes(with corrections from Kathryn Williams)
August 26, 2010 Minutes Postponed
Appointment of Frank Kelly to the Community Resource Committee
Alcohol License Application Beer/Wine per event, Friends of Tybee Theater,
10 Van Horn Ave.
Change Order-AD Williams Construction Company, Inc. US Hwy 80/SR26
(Butler Ave) ADA Ramps and Sidewalk Repairs, TEE-0006-00(533) PI No.
0006533 Change Order No. 1 Delete ($7,867.27)-
Balance of Contract $114,182.73
Budget Amendment #1 To adjust budget to reflect more accurately our
expected Revenues and Expenses
Executive Session
A Motion by Paul Wolff to go into Executive Session to discuss Litigation and Personnel was seconded by
Wanda Doyle. The vote was unanimous.
Mayor Buelterman adjourned the Consent Agenda.
Mayor Buelterman called the regular meeting of the City Council to order at 7:10pm. Those
present at the Consent Agenda were also in attendance for the regular meeting. Dick Smith gave the
invocation and everyone recited the Pledge of Allegiance to the Flag.
Mayor Buelterman announced the American Legion will be hosting the 9th Annual Patriot’s Day of
Remembrance on Saturday, September 11th with a pot luck dinner at 6:30pm and a short program
commemorating the day at 7:30pm.
Citizens to Be Heard
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Bill Cannon-Tybee Beautification Association addressed council and announced the next Beach Sweep is
Saturday September 18th at 9:00am. He also thanked Mayor, Council and city staff for their continued
support. Mr. Cannon stated the deadline is coming up for sponsors to have their names or logos
included on the back of the Beach Sweep t-shirts.
Monty Parks spoke to council on the issue of the “Free Holiday Parking”. He stated this is not a pro-
business issue or anti-business issue but more of “how do we get more people out here for all of us”
issue. He expressed his belief with everyone working together another way could be found. He
encouraged council not to give up the parking. He also asked Mayor and Council where the Bike Path
was.
Reports of Staff, Boards, Standing Committees and/or Invited Guests
Carolyn Jurick addressed council reporting on the feasibility study under way for a Charter School on
Tybee. Ms. Jurick stated with the closing of St. Michael’s, some residents have felt there was a void on
the Island and have begun looking into the possibility of having a charter school here. She addressed
questions being asked such as “What is a Charter School?” Ms. Jurick stated a Charter School is a public
school but is operated independently of the local school board and often with a curriculum or
philosophy different from the other schools in the system. There are different types but the one on
Tybee would be considered a Start-Up Charter School. Ms. Jurick explained it is locally created by
petitions brought forth by parents, organizations, or local public entities. Ms. Jurick stated one of the
first steps at the beginning was to determine the number of students, kindergarten through Fifth, on the
Island. So far we have found 56 students from St. Michaels and 108 students from the public schools;
we do not know how many from other private schools. So there do seem to be enough students if
there is enough interest. Ms. Jurick said the process of establishing a Charter School is very lengthy.
The first step is sending a letter of intent to the Savannah Chatham Board of Education at least six
months prior to the date it is to be submitted to the Department of Education. February 1st is the
absolute last deadline for us and if there is enough interest after the meeting on October 7th, we will
immediately send our letter of intent. That is only notification that we are looking at having a Charter
School. December 1st is the deadline for submitting a planning grant and we hope starting in October
will be early enough to beat the funds’ running out. Ms. Jurick said they have looked at several
possibilities and encourage everyone interested to attend the meeting on October 7th at 7:00 at City Hall
to express their ideas, interest, or questions. Ms. Jurick expressed her appreciation to those already
working on this endeavor, Cindy Kopp, Julia Timmons, Malcolm Rose, Jason Buelterman and Wanda
Doyle.
Kathryn Williams asked Ms. Jurick to clarify an earlier comment from Mayor Buelterman that the Board
would be required to provide transportation. Ms. Jurick stated it’s unbelievable but that is true. They
confirmed they would provide transportation and lunches. Ms. Williams stated Oglethorpe was a
Charter School and she did not believe they were provided with transportation only lunches and that is
why she asked. Ms. Jurick said the Board had stated they would and also concurred with Mayor
Buelterman’s comment that special education services would also be provided.
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Mayor Buelterman asked the City Manager to do a press release, etc to help get the word out about the
meeting on October 7th. He and council expressed their appreciation to Ms. Jurick for all the hard work
already done.
Consideration Local Requests & Applications-Funding, Special Events, Alcohol License
1. TCF International Productions, Inc. September 13-December 31, 2010-Special
Private Event Application Requesting access to North Beach and North Beach
Parking Lot to film scenes for a motion picture
Kathryn Williams recused herself due to potential conflict.
Mayor Buelterman stated this had been discussed at the consent agenda and called for a
motion to approve.
A Motion to approve by Mayor Pro Tem Sessions was seconded by Wanda Doyle.
Paul Wolff asked for clarification on getting a waiver for disturbing dune vegetation. Their
proposal states they will mitigate for any disturbance, so he would like to know exactly what
they are planning to do that might disturb the dunes or the vegetation and how they plan to
mitigate for that.
Diane Schleicher answered the company is working with an environmental consultant and DNR
to work the details out and get a letter of permission from DNR, and they are putting up a bond
to guarantee the mitigation.
The vote was five in favor: Sessions, Doyle, Garbett, Schuman, and Wolff.
2. Historic Butler Avenue Concept Design and City Jurisdiction Transfer from GDOT
from 14th Street to Tybrisa.-Infrastructure Committee recommended approval.
Mayor Buelterman stated a public hearing was held this past Tuesday on this project and it has
been covered in the newspapers,
Diane Schleicher commented Mr. Wolff, Ms. Williams and Mr. Garbett, were on the
infrastructure committee. Business owners at the public information meeting and comments
from Jenny Orr and other business owners indicate concerns that if we could get over all the
hurdles with DOT and permits and start construction in January and go till Memorial Day, it will
hurt the businesses. She had told them the chances were pretty slim of getting everything
together by then and also shared their concerns of the project happening during a busy season.
She doubts this project could happen any faster but she would like to see this start in October
next year.
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Mayor Buelterman asked if it would be feasible to start right away and be finished by St.
Patrick’s Day. Ms. Schleicher answered if we started by the first of December, possibly.
Mayor Buelterman stated this is September, if we put Burke Day on it and get his assistance
maybe we would have some time. Ms. Schleicher commented it is a huge economic benefit
because the streetscape and the traffic calming would make it very pedestrian friendly, walk-
able, and enhance that district and improve the property values of all the businesses around
that area. The businesses are very excited about the project. Mayor Buelterman stated the
initial plans were for one lane each way and we got a lot of concerns about that and addressed
it. We also had a public information meeting to get public input and we listened to that. He
stated he likes it because it extends the 16th Street project we did. The one concern he has is
with the cost. Is this the right time to do this? We have argued for a long time that we should
be getting more of the money we send to the County and to the State back for us. This is a way.
This is splost. Our cost is covered by the $7.5 to $8 million we are going to be getting in splost.
That is the 20% more of our cost and 80% is from the State. This is great.
Paul Wolff stated the Infrastructure Committee has discussed this for five or six months and
had hoped the project would have started this October but it has been delayed by permits, etc.
DOT has had issues with curb cuts, median width, and trees, but if there is any way we can
accelerate the process and get the permits in place, he would like to start the project in
December and be done by March. The engineers are saying a four to five month window, with
five being on the very outside. If we can start this, it could be done before the next season. If
we can’t fast track the permitting with DOT, we don’t want to start until October 1st of next
year.
Mayor Buelterman stated he would send a letter to Burke Day and Buddy Carter to ask for their
assistance. Paul Wolff commented they had also talked about waiting until after PirateFest;
have all the contracts signed and ready to start the Monday after PirateFest.
Wanda Doyle stated it is beautiful but she still has issues with public safety in that area.
Reducing the speed is supposed to calm traffic but you still have the narrow median. The lanes
are going to be cut a foot each, and then you have the parking on the sides and she has issues
with this. Ms. Doyle stated it is crucial, if this passes, that the businesses are not affected by
the construction; it is done during a season when they are flexible because if there is
construction on this island, people are not going to come out here. Ms. Doyle stated her other
concern is the money. She understands it is a grant for $125,000 and another $25,000 from
splost but what happens if there is an overrun on the cost. We know when projects start there
is going to be some kind of cost overrun. Where is that money coming from? Are we going to
take more money out of splost when we need that for roads, our public safety building, and a
lot of different things? I don’t think there is anyone out there that can guarantee that we are
not going to have a cost overrun. Ms. Doyle stated she really has concerns on that.
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Mayor Buelterman asked Ms. Schleicher what happens if there is a cost overrun. Is there any
information in the grant about what happens if the cost exceeds the expected cost? Ms.
Schleicher answered basically the grant is capped at $125,000 so any over run is to the city.
But, that is the risk we’ve taken with any project we’ve ever had, same thing with the public
safety building. If there is any cost overrun with the splost that will be the city’s dime as well.
That is the same risk we have with any designated splost project we have. Basically, we have to
be very careful in how we design it, but this is a good environment for construction. Our
construction costs have come in very well. When we did the sidewalk project we thought it was
going to be $180,000 and you just saw it came in at $117,000 or $114.000. It is a very good
environment to do this construction because of the economic climate that we have. It is the
best time of the year to do this kind of project. If we wait two or three years the cost may go
up. Mayor Buelterman asked if the contract will come back for approval. Ms. Schleicher
answered yes. Mayor Buelterman asked what happens if you put it out to bid and the lowest
bid comes in at say $155,000, or more; it exceeds the anticipated budget of $150,000. Ms.
Schleicher stated then council will need to decide whether to go forward with the project.
Mayor Buelterman stated then we can still back out if it looks like these companies are not
going to be able to do the project for what we thought. Ms. Schleicher stated or you can look
at alternatives. You can, say, take out some things, like palm trees for one. Mayor Buelterman
stated then this is just approval of the grant. Ms. Schleicher answered just the concept of the
project. She also stated the other item on the agenda is the jurisdiction. She is not sure that is
going to be a benefit or not, whether we should take it under our jurisdiction or not. Ms.
Schleicher stated this probably will come back to the Council as far as that is concerned. Mayor
Buelterman confirmed that is not a decision we have to make now.
Paul Wolff stated he just wanted to throw some icing on it. Joe Wilson at the infrastructure
committee meeting stated we could put solar lights on the trees. Amy Gaster and some other
folks were interested in lighting the trees for the holidays and possibly at night. Mr. Wilson had
said we could put solar lights on the trees in the median for about $45 apiece; the whole thing
for about $1500. Mr. Wolff stated this would be a big plus and help draw people to that area in
the evening.
Shirley Sessions stated, speaking to Ms. Doyle’s concerns about the businesses, that she
appreciates what she said about the safety issues, Ms. Sessions asked if the businesses in that
district were a part of that project and process. What is the general climate from the
businesses that have been involved? Ms. Schleicher answered they are very excited. She has
shared the plans with the business owners in the business corridor and quite a few of them
participated in the public information meeting. We had about 19 people at that meeting. The
ones that couldn’t make it were very positive about the project and were excited they were
going to be part of the South End District because they thought we had spent a lot of money on
Tybrisa and the Strand. This would make that section walkable and would improve their
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bottom line because people would be able to walk there and shop there. And this would make
it attractive for the visitor to come so it would benefit them more economically and make
Tybee more business friendly. And they felt it was a really good investment. Mayor
Buelterman asked if there were any businesses down there that objected to it. Ms. Schleicher
answered none. Mayor Buelterman stated none that we have run into at least. Ms. Schleicher
said no… Wanda Doyle stated there are several. He asked if they had communicated with her
and Ms. Doyle stated yes, they had talked to her. Mayor Buelterman stated he had not heard
from them. Ms. Doyle stated she had received two calls today. Mayor Buelterman asked if
anyone else had questions.
Kathryn Williams asked Ms. Schleicher if she had received feedback from any of the residents
on that end of the island or island wide. Ms. Schleicher answered she had not talked to the
residents but basically had gone and talked to all the businesses that would be directly affected
by the project. She had talked to them and invited them personally to the meeting. But she
had not talked to any residents about the project. The biggest concern was the construction
timetable. They were worried about having orange barrels in the middle of the road when the
spring season started. That was their biggest concern. Mayor Buelterman asked if there was
something that she could do in the bid package that demands it be done within a certain
window and if it exceeds that window there is a penalty clause or something. Ms. Schleicher
answered, exactly; there are ways to handle that. She had told the businesses we are very
conscious of that. The staff also prefers it to be done in the off season because of Mr. Wilson’s
time. He would be the one overseeing the project the most. And, also finance, because of the
paperwork that goes through and all the people involved with it. We much prefer it to be in the
off season as well. It would benefit the city to be in the off season. Frank Schuman asked if we
could get the contractor to give us a fixed price, like say, we have $150,000 and that is all we
have; can you agree to that and go with that or not. Ms. Schleicher answered we cannot go
with a bid and say we only have $150,000. Basically what we do with these contracts is say we
have a certain lineal feet of curb improvements. For example, we have a lot of unused
driveways we will be closing up and there will be so many brick pavers we will be installing and
so much extra curbing in the middle we will be adding so they will be bidding on set quantities;
so many palm trees, etc. It is fairly fixed. A lot of people had forgotten what it looked like
before and don’t realize the huge upgrades we did with that project. They just see the nice
streets and the sidewalks and have no idea the City did all that work improving the water lines,
upsizing the drainage, and finding all those hidden surprises. She believes with this project, it
will be less likely we will find as many hidden surprises as we did with the south end project.
Frank Schuman asked if any of the utilities will be affected by it; like water lines, sewer lines, or
anything like that. Ms. Schleicher answered no none at all.
Mayor Buelterman commented he can only speak to going down to 16th Street before and
comparing it to after that project, and there are just more people down there. It is a nice
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environment. It looks good, the sidewalks look good, there are trees and there is a lot more
activity down there. We owe it to those businesses to extend that down to them. If we do it
for one set of businesses we should do it for the others as well; just like we are doing up on the
north end with the crosswalk. Mayor Buelterman asked if there were any other questions and
called for a motion. There was confusion over Mr. Garbett entering the motion first or Paul
Wolff. Mayor Buelterman stated Mr. Garbett had moved.
A Motion to approve the conceptual design by Bill Garbett was seconded by Paul Wolff.
Kathryn Williams asked if we needed to add language capping the amount spent and Paul Wolff
answered no. Mayor Buelterman and Ms. Schleicher concurred that would come back with the
bid.
The vote was five in favor; Sessions, Garbett, Schuman, Williams and Wolff. One opposed;
Wanda Doyle.
Consideration of Bids, Contracts, Agreements and Expenditures
Agreement between the City and Friends of Tybee Theater
Council took no action and instructed City Manager to review original budget hearing
discussions and bring back to council the second meeting in September.
Consideration of Approval of Consent Agenda
A Motion to approve by Paul Wolff was seconded by Frank Schuman. The vote was unanimous.
Mayor Buelterman opened the Public Hearing
Public Hearings
1. Request for Setback variance, 3 13th Lane (4-0007-06-004A). LDC Section 3-090,
Applicant/Owner: Kenneth Grainger.
Jonathan Lynn explained the existing use of this property is single use residential. It is currently
zoned RT-Residential Tourism and the Community Character in the Masterplan shows this
neighborhood as the Beach Front Neighborhood. Mr. Grainger is requesting a side and rear
yard setback variance. In the RT Zoning District you are required to have a ten foot side yard
setback on each side and a twenty foot front and rear yard setback. What Mr. Grainger is
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requesting is permission to reduce those setback numbers to three feet in the back and four
feet seven and half inches on the side. This would incorporate a set of stairs to a deck, and Mr.
Lynn recalled some discussion in the Planning Commission meeting as to whether it is stairs or
decking, he feels it is a little of both and that is staff’s opinion, since there seems to be a little of
both at the very top of the stairs which would essentially expand that deck. However, it would
not alter the requested setbacks Mr. Grainger is requesting. Apparently the access is not off
Thirteenth Lane but the other street, which is Fourteenth Street; you come in from the other
side of the property even though it is addressed as Thirteenth Lane.
Mayor Buelterman asked if anyone wished to speak on this request.
Kathryn Williams asked about the construction that was already taking place. Mr. Lynn stated
there was construction already started and Mr. Grainger ceased when he realized he would
have to get a variance for this project and stopped in place. Ms. Williams asked if Mr. Grainger
had a permit and Mr. Lynn responded he did not believe he did but Mr. Grainger is present to
speak on his behalf. Ms. Williams stated so this is technically an “after the fact” variance. Mr.
Lynn responded technically he guessed it would be.
Mayor Buelterman stated Shirley Sessions is asking what the “after the fact” procedure is. Mr.
Lynn stated the applicant would present a narrative on how, when, where, who created it and
what is the need for the variance. The application process is the same except the narrative that
is required. However, Mr. Grainger did make application for this variance prior to the “after the
fact” variance ordinance being in place. It is in place now given the time lapse between
planning commission and council.
Mr. Ken Grainger addressed council as the owner of the property and stated he would like to
build a staircase three feet wide and attach it to an existing deck on the back of the house. The
reason is the bedrooms are on the back of the house and in case of a fire in the front we would
have a rear exit. Where it comes down in the backyard there is a six foot privacy fence. It is not
visible at all from the street. He has not had any bad comments from any of the neighbors, and
like he stated before, it is not visible from the street and it more or less is for safety.
Mayor Buelterman asked if anyone wished to speak for or against this project and no one
responded.
Bill Garbett asked when the house was originally built. Mr. Grainger answered he believed in
the mid 80’s. Mr. Garbett wondered why they had not considered this when it was built, now it
is landlocked. Mr. Grainger stated this is just adding on to the deck that is already there. He
directed council to the outline of the house on the plans before them and stated the white part
is the deck and it comes right off the end at the Sapp’s side of the property and comes down to
the end of the house and turns back to the right and comes down into the backyard. As he
stated before there is a six foot privacy fence all around that area.
Kathryn Williams stated it appears the current deck sits in the setback by a few inches; was a
variance obtained to encroach into the setbacks when that was constructed? Mr. Lynn
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responded staff had looked back in the records and he does not believe there was a variance
ever sought of any kind on this property, not to say it was built out of code because we do not
know exactly when the code was put in place for RT because it is a unique zoning district, but
there is no variance on record for this property.
Mayor Buelterman asked again if anyone wished to speak for or against this proposal with no
response from the public.
Mayor Buelterman closed the Public Hearing.
A Motion to approve by Frank Schuman was seconded by Wanda Doyle.
Mr. Wolff stated he was out there the other day and that whole lot is already concrete, roof top
and deck. He understands the need for fire egress but he would rather see this deck pared
down and the steps put within the setback. There is already a whole lot of impervious material
on that lot, and he can’t see adding any more in that space.
Mayor Buelterman asked Mr. Lynn if he knew of other municipalities that mandated multiple
points of egress for safety concerns. Mr. Lynn answered yes there are. Mayor Buelterman
asked if we were considering that and Mr. Lynn answered yes. Mayor Buelterman asked if this
would be in Article 5. Mr. Lynn stated it would actually be in Article 3 which is before council
tonight. Mr. Lynn commented with permission to speak for Mr. Grainger, there is no room
where he is looking to propose this to be built, that is not in the setback. The rear of the house
is already eleven feet into the setback. The minimum code for a staircase is three feet and no
matter where he built it, it would still be at least two feet into the setbacks.
The vote was four in favor; Sessions, Doyle, Garbett, Schuman and two opposed; Wolff and
Williams.
Mayor Buelterman opened the Public Hearing.
2. Request for variance, 515 and 517 Butler Ave (4-0005-03-004 & 4-0005-03-003),
LDC Section 3-050, Applicant/Owner: Pamela Gallup.
Jonathan Lynn explained to the council the property is zoned R2 and the Character Area is
Inland Cottage Neighborhood. What Dr. Gallup is requesting to do is to be able to utilize a
fence she obtained a permit for that is a little over four feet tall in some areas. It has been
brought to the attention of staff that there is some concern of visibility at the 6th Street and
Butler intersection on the Southern side, in terms of someone coming out onto Butler. We
have looked at our ordinance and under the current version of Article 3 there are some
interpretation issues as to where the 25 foot line triangle is. Anything within that triangle is
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required to be three feet height or less, including fences, light poles, signs, shrubbery, trees;
anything within there. Dr. Gallup did go thru the process with staff and get a permit and we
did go out and look and did not see a visual problem with this. That being said we did tell Dr.
Gallup we would work with her, if she applied for a variance and see how that goes before we
proceed in a different direction in terms of allowing her to amend her fence. Planning
Commission heard this request and recommended unanimously for approval.
Bill Garbett asked what procedures we have in place to ensure this does not reoccur. This is
one of those things that apparently just fell through the cracks. Mr. Lynn answered the
procedure now hopefully within the new Article 3; we have a clearer illustration of what it is,
and we’ve actually amended the language to be a little clearer. Mr. Garbett stated it was
pretty clear in the ordinance, as it says not to exceed three feet in height. Mr. Lynn stated
correct, but the interpretation came in what part of the right-of-way you use. Do you use the
center line, the interior line...that is where staff got confused? I know that is exactly where this
problem came from and hopefully we have addressed that in the draft for Article 3 which states
“where the right-of-way center lines intersect. Hopefully that will take care of it, but it doesn’t
do anything for Dr. Gallup right now.
Bill Garbett asked about the comment in the planning commission minutes that Dr. Gallup was
told the city does not enforce this ordinance unless someone complains. He stated it is odd we
would have this interpretation going around. Mr. Lynn replied that is not the case. Normally, if
the case is deemed a visual clearance; the ordinance will come into effect.
Wanda Doyle asked if there was yellow curbing at the intersection. Mr. Lynn answered yes
there is. Ms. Doyle asked if this is also in Article 3. Mr. Lynn replied yes. Ms. Doyle stated
when approaching intersections there are a lot of trees and shrubbery and Article 3 really does
need to change.
Kathryn Williams referred back to the planning commission minutes to establish the
chronological timeline. She stated staff had determined the fence did not pose a vision hazard
and asked if that was before the complaint or after the fence was constructed. Mr. Lynn
answered it was before the complaint. Ms. Williams asked if Dr. Gallup would explain what the
compromises are that she had referred to at the planning commission meeting.
Dr. Gallup explained this is a duplex and she had not noticed before the fence was built and the
visibility issue brought up, that the house is not in the middle of the lot and the driveways are
different. Dr. Gallup stated even though she had made certain she came and got all the rules
and did everything right, she could lower the corner down to three feet, in the interest of public
safety. Dr Gallup stated she had done everything right and in advance. This is an expensive
fence, but she has no problem helping all she can for public safety. She had paid all this money
to do it and after the fence is built, she is told to take it down. Mr. Wolff asked Dr. Gallup if she
would be willing to maintain the fence and make sure no shrubbery or vines are obstructing the
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vision and that people can see through it. Dr. Gallup answered yes and she had been trying to
do this.
Mr. Wolff replied that would be a good compromise here.
Ms. Williams commented Dr. Gallup had stated one of the reasons for the four foot height is
because of her large dog so, instead of lowering the fence would just angling it in at the corner,
be a better an option? Dr. Gallup replied that is an option, but she thought it would look better
to lower it than angle it. She has found the dogs don’t normally go in the front but can get out
if the front door is opened. If she had been told she could only put a three foot fence she
would have been glad to. The installers, Island Realty, had looked on the internet and asked if
she wanted a three, four, or five foot fence. She felt a five foot was offensive, and a three foot
may allow the dogs to jump over it if they did get out, so she chose the four foot; because she
had a choice. When she put it in her building permit she was told she could put in an eight foot
privacy fence but said no, she just wanted a white picket fence like everybody else. She also
wanted to keep stragglers from walking across the corner. Dr. Gallup asked for any
consideration in not requiring her to take the fence down.
A Motion by Paul Wolff to approve provided the fence is maintained to provide visibility within
25 feet of the corner of Fifth and Butler in each direction was seconded by Wanda Doyle.
Mayor Buelterman stated from a practical perspective having been there, he did not think the
fence is anyway obstructing anyone’s view.
Ms. Williams stated what is blocking the view on the corners is large vehicles parking in the first
spots. Dr. Gallup went through all the proper procedures and that needs to be taken into
consideration.
Bill Garbett stated he had several conversations with local residents that actually pointed this
out to him and it does obstruct the view. It is a modest safety hazard. It doesn’t show it in the
view being displayed but when you come up to the intersection, at that angle, you can’t see.
Mr. Garbett stated the concerned residents have told him under the circumstances they are in
favor of granting the variance.
The vote was unanimous.
Mayor Buelterman opened the public hearing.
3. Text Amendment, Land Development Code, Article 3 in its entirety. Comments
from Planning Commissioners John Major and Rob Callahan.
4.
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Mr. Lynn explained the planning commission had sent the proposed Article 3 back to council
with recommendation to approve with the revisions. Planning Commission had requested him
to submit a clean copy; not one with color coding, but he did keep a copy with changes noted in
color if council needed it. Their comments were also submitted. Mr. Lynn stated grammar,
spelling, etc had also been cleaned up in the Article.
Mayor Buelterman asked if the commission had voted on each of the comments individually to
be included. Mr. Lynn stated they just commented and discussed and kept going, then voted
on it at as a whole.
Mayor Buelterman confirmed then they approved the article and wanted to make sure the
comments from Mr. Major and Mr. Callahan were also submitted. Mr. Lynn replied that is
correct. Mayor Buelterman asked Mr. Lynn where in the article is the issue of the multiple
egresses addressed. Mr. Lynn clarified the egresses were addressed in Article 5 not Article 3.
Mayor Buelterman referred to page 6, B4-Public and Private Elementary and Secondary
Schools, as St. Michaels exist today, would they conform to this parking requirement. Was this
based on the one school we did have on the island. Mr. Lynn replied yes, it was based on them
and they would meet the requirements; with all the additional parking. It is not all in one lot
but spread around. Mayor Buelterman stated the proposed charter school would not have to
come back and ask for a variance. Mr. Lynn replied no, they would be ok with that.
Wanda Doyle commented it would have been helpful if council could have also received the
color coded copy along with the clean. There have been several meetings, beginning with the
workshop and she would have liked to have seen exactly what went to planning commission
and exactly what they approved. Mr. Lynn replied the planning commission packets are also on
the website. Mr. Wolff stated he had taken his copy with the notes from the workshop to the
planning commission meeting and noted the discussions and changes and offered it to council
for review on major points.
Mayor Buelterman asked Mr. Lynn to give a very brief explanation of why Article 3 was started.
Mr. Lynn replied it was the beginning of revisions of the entire Land Development Code, which
is antiquated in parts. There have been updates on building codes and other regulations.
Article 5 has been completed and Articles 6 and 9 are in progress. Article 3 is very lengthy and
takes time. The revisions actually began before he started at Tybee and has been to council
and planning commission several times.
Gerald Schantz addressed council on the issue of the six foot buffer requirement between C2
and Residential Districts. Mr. Lynn stated the current code reads a Commercial District abutting
a Residential District. What are being proposed in this version of Article 3 are Commercial Use
and Residential Use. We originally started with a 20 foot buffer between the two uses and
because of discussions in meetings and with the citizens, recommended it to be a vegetative
buffer that is the width of the setback already going to be required; which is six feet. Majority
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of the time it is going to be a C2 that abuts a Residential Use. There is also a requirement for a
six foot privacy fence as well.
Mr. Schantz asked how that will affect the allowed parking in the setbacks. If you have a six
foot section of growth you can’t park a vehicle there. Are there going to be exceptions?
Mayor Buelterman asked Mr. Lynn how that would affect the parking issue. Mr. Lynn replied
only on the part of the property that abuts the Residential Use. Parking can happen in a
setback and if it works out the drainage is ok on the property, the vegetative buffer can also be
used for parking. The other three sides could also be used for parking.
Mr. Schantz stated that is also confusing because you say you have to have the buffer but with
the drainage you can do away with some of that. Mr. Lynn replied you still have to have the
buffer. Mr. Schantz asked if it still had to be six feet of foliage. Mr. Lynn replied yes.
Mr. Wolff clarified the buffer is six foot in width. Mr. Schantz stated he understood that. But
for example, on his lot if he had to have a six foot wide buffer he would not have a driveway. In
his planning stage everyone he talked to on every drawing, required all work to be done around
the oak tree. So if this was the case he would have had to give up four parking spaces on the
north side or cut down the beautiful tree to make the property work because it is only 90 feet.
Taking into consideration driveway widths and buildings, someone else may not be able to build
there.
He asked why the commercial lot has to take all the brunt. Mr. Schantz suggested a three foot
buffer on the C2 side and a three foot buffer on the residential side with a six foot fence in the
middle. The burden is then shared instead of the commercial taking all the burden.
Ms. Doyle answered good question. Mr. Schantz stated he is planting shrubbery all the way
down his fence and is trying to do the right thing as any business should.
Andy Carter addressed council on Section 3.050, Instructions to vision at street intersections. It
is slated to be revised. The way it exists now is really the wording almost all municipalities have
their setbacks and site vision written, where you refer to the back of curb or right-of-way, and
intersections at being at the corner of the properties. If we go with the proposed changes, all
down Butler Avenue from the center line to the curb is thirty feet, twenty five feet down both
sides and a diagonal across them where you have to have the three foot high restriction. On
Butler if you do that, the requirement is gone. The triangle would be out in the street, it would
not even hit the property. If you leave the ordinance like it is; it is an equality thing. The
twenty-five foot triangle would take a significant part of the properties on the Back River, but
on Butler; it’s nothing. On Butler you could build an eight foot fence against the sidewalk. It
would be better not to use the center line because it is variable according to where you live,
because some streets are wider than others. Instead leave it the way it is currently worded and
change the setback then it would be the same all over the island.
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Mr. Wolff commented after the planning commission discussions, he was thinking about
something very similar. Such as, “as long as it does not obstruct vision within fifteen feet in
either direction from the point of intersection of the property and the right-of-way” would
make a lot more sense than the twenty-five feet from the center line. Mr. Carter commented
he was just told Savannah’s was forty feet from the property line.
Bill Garbett stated he and Mr. Lynn had several discussions and he had shared the City of
Savannah’s plan. Almost every city has an obstruction division ordinance and it always goes
from the setback not the center line. None of this makes any sense. He commented the
drawing included is out of scale. The drawing should show what the clear triangle would be.
Mr. Garbett stated it should be measured from the edge of the pavement or the property line.
Ms. Williams asked if the utility companies were going to be held to this ordinance as well.
There are many corners where the utility poles obstruct the vision; not shrubbery or plants.
Mr. Lynn stated the ordinance does include utility poles. Mr. Hughes stated utility poles are in
the right-of-ways, not on someone’s private property; they obstruct vision all over.
Mayor Buelterman asked then if this would not affect the poles because they are not on private
property but the City’s right-of-ways. Ms. Williams commented Mr. Lynn is saying they are
included and Mr. Hughes is saying they are not. Mr. Hughes stated utilities are rarely placed on
private property. Mr. Lynn commented our current ordinance reads the same. Ms. Williams
stated then its ok for cities and utilities to violate it but not property owners. Mayor
Buelterman stated new ones would be subject to this and Mr. Lynn concurred. Bill Garbett
stated most ordinances include exceptions for trees up about twelve feet and about twelve
inches in diameter as long as foliage is not all around them. It’s mostly shrubbery that is going
to be obstructing the vision.
Mayor Buelterman commented good points have come up and there are a lot of changes that
need to be made; how do we accomplish that without going back and forth?
Shirley Sessions stated the document council has includes comments from individuals and she is
not sure what is suppose to be done with them. Do we go over them line by line or what? It is
a little confusing. Ms. Sessions stated there are three or four pages of comments here, some in
emails she has seen, but none are incorporated in the document and asked why not?
Mr. Lynn stated they didn’t want to vote on each line but on the document as a whole. His
personal opinion is that was not the way to go. Mr. Lynn stated if council would like he would
do a separate document for the next meeting and do his best to insert each comment.
Ms. Sessions suggested it may have been a good idea for council and planning commission to sit
down and go over it all together.
Council discussed Mr. Lynn working on the Article in sections for council’s review and approval.
Mr. Lynn stated he didn’t recommend that because some sections correlate to other sections. It
would be better to table for further review. Mayor Buelterman and Ms. Sessions suggested
doing sections that do affect each other to be reviewed and approved together.
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Ms. Williams stated council does have more notes to review and she also had more changes to
suggest so she preferred to approve the document as a whole. Ms. Williams stated she had
expressed concern from the very beginning over Sec 3-020 Non-Conforming Structures and felt
there must be a distinction made between commercial and residential properties. As she
previously stated there are many homes built on small lots; tucked into the back corner of the
lot but have more than enough room on the front to construct an addition. Most are very small
initially. With a commercial use, if they expand it is going to have an impact on the
neighborhood. Her second question is in Sec 3-090, is the green space affected by the 250 foot
rule. Mr. Lynn answered no it is not affected. Ms. Williams asked if hot tubs are considered a
spa. Mr. Lynn said yes. Ms. Williams asked if we needed to be clear on that. Mr. Lynn stated
he has a running list going on everything that might need clarification and he will do that at the
end after Article 2, the last one. Ms. Williams, Mayor Buelterman and Mr. Lynn discussed the
requirement for multiple egresses and Mr. Lynn stated that is included in Article Nine with the
building technical codes. Mr. Hughes commented it would not change or hurt anything to have
it also included in Sec 3-10 (a). Mayor Buelterman stated he that would be good but the issue
keeps coming up about stairs in the setbacks and this may create another burden for the
property owner. This will need to be discussed at some point; maybe Article 9.
Shirley Sessions stated she wanted to clarify her statement about the planning commissioners’
comments. They hadn’t just made comments but had tried to incorporate them into the
document. She referred back to a motion on the document dated August 17th where one of the
commission members moved to “send the comments that each member made along with the
rewritten ordinance to the City Council”; but it hasn’t been rewritten, correct? Mr. Lynn replied
there were some changes made based on written or commented things but the commission did
not vote on individual comments and he did not know what to incorporate. Mr. Lynn said the
commission said to send everything to council and that is what he did. Ms. Sessions asked
wasn’t the motion to send the comments along with the rewritten ordinance. Mr. Lynn replied
he rewrote based on what was voted on, but he agreed it was very confusing.
Mayor Buelterman stated the commission decided not to vote on each individual comment so
the only way to submit was as an addendum to what was done. Mr. Lynn replied that was the
only way I could do it. Ms. Sessions restated, as per the notes, the motion made by Rob
Callahan. Paul Wolff commented he was at the planning commission meeting and it was his
impression Mr. Callahan’s intent was to send the comments as written with the clean copy they
had discussed earlier. The clean copy was without all the highlights, etc, and that is what he
meant by rewriting Article 3 and then including the comments as an addendum. Ms. Sessions
replied some of the comments are not included. Mr. Wolff stated they were not meant to be;
that is why they were not voted on. Ms. Sessions commented that is why it is so confusing.
Mayor Buelterman commented that is why he doesn’t think it should be voted on as a whole
but sections at a time. Mayor Buelterman gave Mr. Lynn suggestions on inserting comments as
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notations in the document by sections. Mr. Garbett suggested using Microsoft Word and using
the program for markups. Mr. Wolff concurred with Mr. Garbett that the Microsoft program
could assist Mr. Lynn and gave suggestions for notations while preserving the clean copy.
Barry Brown addressed council on the six foot buffer setback and asked Mr. Lynn who would
make the determination of how thick the buffer has to be and what is the definition of the
buffer’s height; two foot, three foot or one foot high. Mr. Lynn answered vegetative. Mr.
Brown asked for confirmation from Mr. Wolff on his statement that you can park on the buffer.
Mr. Wolff replied he did not say you can park on it; he had said it could be grass. Mr. Brown
answered then you are calling the buffer “it can be grass”. Mr. Wolff answered yes. Mr.
Brown stated the reason he was asking was because he has a C2 lot and in order to build on it
he has to be five or six feet above the ground. He doesn’t have a problem with the fence but he
is trying to figure out what purpose a buffer has that is one or two feet down on the ground
when all the activity is going to be five or six feet above the ground. Mr. Wolff answered the
buffer also does include a six foot fence and the intent there is to keep headlights, traffic, etc
that might be going in and out a commercial lot from adversely affecting the residential
neighbors. Mr. Brown stated what he is understanding then is the six foot buffer is actually a
six foot setback that can be grass. Mr. Wolff replied yes, with a six foot fence. Mr. Brown
replied he doesn’t have a problem with the fence but didn’t want to have to add shrubbery that
he couldn’t park on. Mr. Lynn replied no, it is just vegetative, doesn’t have to be shrubs; we will
take grass. Mr. Brown asked if we can add grass to the wording to clarify it doesn’t have to be
shrubs. Mr. Lynn replied we can but right now it says, “A vegetative landscape greenbelt”. Mr.
Brown commented we have always referred to vegetation as shrubbery though, that is why he
thinks grass needs to be clarified.
Wanda Doyle read the ordinance stating the green belt must be planted with trees, flowering
trees, ornamental trees, etc and no mention of grass. Mr. Brown replied we can put grass in
there then. Mr. Lynn replied sure.
Mayor Buelterman commented this is what the problem has been. There are all different areas
that one little word can create issues; it can be never ending.
Ms. Doyle commented if you take the time to include all these different trees; why not include
grass.
Mayor Buelterman stated everyone can make points on different areas; some everyone will
agree on and some we won’t. This is a very lengthy and complex document. That is why it is
going to be difficult to agree and vote on it as a whole.
Mr. Garbett stated he thinks the suggestion of rewriting with planning commission comments
on the side and sent to everyone for review and maybe break it up once we get the final
document, is a good one.
Mr. Hughes asked for clarification from Ms. Williams on the Non-Conforming Commercial and
Residential distinctions. He went back to the workshop notes and due to the length of time
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since, he is unclear on it. Ms. Williams stated a distinction needs to be made between a
Commercial and Residential in terms of non-conforming uses. Commercial expansion or
extension should be prohibited but residential expansion or extension should be allowed after
special review, as long as the posed expansion or extension does not further encroach into the
setbacks. Most commercial non-conforming use relates to commercial activities in a residential
neighborhood, while most residential non-conforming use is related to the location of the
structure on a lot. For example a corner lot 60 x 80 in R2 with a small house built in the back
corner of a small lot. As written, the property owner could not add on even if they met the
front and side setbacks and green space requirement.
Mr. Hughes asked if this was in an email. Ms. Williams replied as an attachment when they first
received Article 3.
Mayor Buelterman and Ms. Williams reiterated Mr. Lynn rewriting and bringing back sections at
a time. He asked Mr. Hughes if it could be done that way. Mr. Hughes replied you can at the
meeting. Mr. Wolff reiterated as time consuming as it might be he feels it does need to be
done as tedious as possible and appreciated staff’s time and effort already put into it. Ms.
Williams agreed and thanked the planning commission and citizens, and asked for ideas or
comments be emailed to council ahead of time for consideration as well.
Mayor Buelterman closed the public hearing.
Council deferred action allowing time for Jonathan Lynn to rewrite with notations of planning
commission comments, email sections at a time to council for review and bring back those
sections for approval; by sections at future meetings.
Consideration of Ordinances, Resolutions
1. 1st Reading for an ordinance to amend the code of ordinances pertaining to
Motorized Carts, Section 66-8(b) (4) (e) to allow Motorized Carts to operate after
sunset and before sunrise.
Mr. Schuman stated when the original ordinance was approved they followed Chief Price’s
suggestion to allow the operation of the carts during the day time and if everything seemed
fine, then come back and add night time use. This is what he wants to add.
Mayor Buelterman asked Ms. Schleicher if the police department had taken a look at this.
Ms. Doyle stated it had been discussed at the public safety committee meeting and Interim
Chief Bryson was there and was fine with it. The three members present voted unanimously to
add the consent as part of the text amendment.
Mr. Wolff gave a correction to spelling in the third “where as”.
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Ms. Sessions stated she and others had concerns about the operating at night but she pointed
out what had swayed her was the carts being rented out now, the electric carts, do operate at
night. Letting one and not the other doesn’t seem right.
A Motion to approve by Paul Wolff was seconded by Frank Schuman. The Vote was
unanimous.
2. 1st Reading for an ordinance to create section 66-185 regarding use of parking
decals and limitations thereon.
Mayor Buelterman asked if the parking committee had looked at this and had it been approved
unanimously. Mr. Wolff stated it received only two votes. Ms. Doyle said she was not present
and did have a concern but a compromise was made for Memorial Day week-end through Labor
Day week-end. This is a good compromise.
A Motion to approve by Paul Wolff was seconded by Kathryn Williams. The vote was
unanimous.
3. 1st Reading for an ordinance to amend the code of ordinances pertaining to
exemptions from ad valorem tax for Tybee residents who register their vehicles.
Proposed Exemptions are: Disabled Veterans, POW/MIA and Purple Heart.
Kathryn Williams asked if this just applied to Tybee residents or anyone that has been
recognized with one of those distinctions. Diane Schleicher explained currently the City’s
ordinance states if you are a city resident, register your vehicle and pay ad valorem tax, you get
a free decal. The ordinance was written before the State Legislature created the exemptions
for paying ad valorem taxes for Disabled Veterans, POW/MIA and Purple Heart recipients.
According to our current ordinance we cannot give these distinguished residents a free decal
because they do not pay ad valorem taxes. This amendment would allow that. There are also
two other exemptions Foreign Organizations and Taipei Economic and Cultural Representatives,
but the chances are slim that those persons would reside on Tybee. Mr. Hughes has made an
overall general exemption that she is comfortable with. Ms. Schleicher stated we want to
make sure and follow our own ordinance and felt it would be the intent of council to allow this.
A Motion to approve by Paul Wolff was seconded by Wanda Doyle. The vote was unanimous.
Council, Officials and City Attorney Considerations & Comments
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Wanda Doyle
“Free Parking for the Holidays”
Ms. Doyle stated she was not at the parking committee meeting when this was discussed but
had spent the last few weeks communicating with a lot of different businesses and had
received emails from businesses on how important this is. She understands how tight the
budget is but this is very important. Many of the retailers down here have promoted this in
their advertisements and Ms. Morton has it in advertisements for Better Hometown activities.
People read this and come down here knowing this. It is a good public relations tool. We have
received a lot of negative published comments about parking and some positive public relations
would be good. Ms. Doyle stated this has become a tradition that needs to continue. The Shop
& Stroll in December had been supported because of the free parking allowing people to shop,
eat at restaurants and have a stroll on the beach without having to pay to park to do it. It has
been a good public relations move for the city and has been done for the past three or four
years from Thanksgiving Day through the end of the year. This is what she would like to
continue. If everyone doesn’t agree then a compromise could be December 1st through
December 31st.
Mayor Buelterman confirmed with Ms. Doyle there were not any meters on the north end
business district. Ms. Doyle replied no.
Mayor Buelterman gave the scenario of someone coming to Tybee knowing parking is free in
the business area versus free parking everywhere. That would not defer from the north end
businesses because they don’t have to pay there anyway. Ms. Doyle stated that might be a
compromise but it might be an enforcement issue. Mayor Buelterman commented if it is
directed just to the business areas that might increase foot traffic there. Mr. Wolff asked if we
have updated figures on how much revenue we made from parking during that time last year.
Ms. Schleicher replied we have done free parking since 2004 but she had looked at January and
just in revenue alone we earned $26,700 in Pay & Display in 2009. January is a slower month so
we would probably be looking at $30,000 at least. Ms. Schleicher commented she understands
this is a hard decision.
Ms. Sessions stated part of the problem is consistency. We have been doing this since 2004
and if we decide not to do it this year and then next year decide to do it, which is what creates
confusion with our visitors. Not everyone checks websites, city hall, and newspapers for
changes from one year to the next. There is something to be said for good will. We have come
a long way in the last several years in getting people to Tybee for the holidays and not just for
the businesses, which is what we are talking about, but for guests driving their personal cars.
Ms. Sessions stated she would like to continue this because it is good will to our visitors and
tells our businesses we are supportive. Thirty thousand dollars is a lot of money but how do
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you put a price on good will and bringing more business, tax dollars, and more revenue to the
city.
Mayor Buelterman stated he agrees and wants to do it but where are we getting the money
from. Ms. Sessions asked where we got it from last year. Mayor Buelterman stated it is not in
the budget; that is $30,000 that would be missing that we would have to do a budget
adjustment for. Ms. Sessions commented the city manager stated we didn’t have anything to
compare it to last year. Ms. Schleicher replied historically. We can track it and staff will do
what the council’s will is and adjust. If we are fortunate to have the movie come to Tybee, the
Hotel/Motel tax will increase and with increased activities good things could happen.
Mayor Buelterman asked according to the amount would we have to come back in January and
do an adjustment. Ms. Schleicher replied possibly. Ms. Schleicher stated when this first started
Jan Fox had stated it would be about $30,000 in revenue we would be giving up and we have
consistently forgone those revenues over time. It probably has been increasing because the
parking fees have been increased. We do understand this might mean we have to do some
tightening up in other areas.
Frank Schuman stated this should be on the north end as well as the south end because
businesses are at both ends. Mayor Buelterman confirmed with Ms. Doyle this would be island
wide.
Ms. Williams stated five of the current council was on council when this was started several
years ago and it was done to help the businesses when they were struggling through the winter
times. It is really hard to go against the recommendation of the staff when she knows they only
have the best interest of the city at heart and how concerned they are at the lack of revenue.
She asked if there was any way to track the increase of sales tax to see if this would offset.
When it was first started there was going to be a reduction of staff and focus could be shifted to
collecting delinquent tickets and things of that nature. Ms. Schleicher stated the sales tax is
locked in. More sales activities do not create more money for Tybee. The Department of
Revenue doesn’t track it by zip code it is county wide. If Chatham County does better overall
that would help us. What would help us is the Hotel/Motel tax. During the free parking time
we do layoff the seasonal and the full time staff goes into maintenance mode. The new Lexus
program will allow us to collect more often and not have to wait till the off season. She has had
requests from businesses to continue the free parking. This is a hard decision and has given
them as much information as possible to help them make it.
Ms. Williams stated in reference to the movie wanting to rent a parking lot, would this have an
effect on that. Ms. Schleicher replied she believed it would but was not sure.
Ms. Sessions commented if someone came and put a tent in the middle of the south end
parking lot for a festival, certainly we would have to negotiate that. That is a different issue.
Ms. Schleicher commented that is true. Ms. Sessions said here we are talking about people
parking their cars and visiting a location; either tourism or business. You can’t compare the
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two. Ms. Williams stated she just wanted clarification because there had been the assumption
that one automatically involves the other. Ms. Sessions said no, it doesn’t.
Mr. Garbett said he is glad to hear Ms. Schleicher state they had not included the parking
money in this year’s budget because they hadn’t had it last year.
Ms. Schleicher commented actually she believed Ms. Hogan had anticipated there would be
holiday charged parking in this year’s budget and we may have to make an adjustment. Mr.
Garbett stated that is a concern because that is real money but another concern is it being too
late to pull the plug on the program this year. Originally he was in favor of charged parking but
through communications knows some businesses already have it included in their advertising
campaigns and are counting on this. Mr. Garbett said we do need to keep an eye on it for next
year.
A Motion to approve Free Parking from Thanksgiving Day thru December 31st, 2010 by Wanda
Doyle was seconded by Frank Schuman. The vote was unanimous.
City Manager’ Report
1. Class and Comp Amendment-Change in Job Description and Grade for Emergency
Management Coordinator
Diane Schleicher asked council to strike the reference to Chief Sasser in the first paragraph on
the first page.
Ms. Doyle stated the “performs other duties as assigned” should suffice in assigning someone
the duties of maintenance, storage and destruction of the records. If that is already in there,
why do we have to change it and put something else in there? That should be enough for the
city manager to assign the person to spend time with the maintenance of the records. She did
not believe that should be in this position any way, and did not agree with it.
Shirley Sessions asked if the pay structure would change in any way.
Ms. Schleicher replied the grade has gone down based on the change in duties. Ms. Sessions
asked if that meant the pay would increase or decrease. Ms. Schleicher responded decrease.
Ms. Sessions asked if that is a decrease from what was approved earlier in the budget. Ms.
Schleicher replied it is based on what was approved in the budget.
Vivian Woods stated she and Ms. Schleicher had met and discussed this job description due to
the records maintenance job duties. Since this related to directives for the clerk’s office in the
City’s Charter, she reviewed the Charter again to get assistance for a resolution. Ms. Woods
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explained a two-option proposal for council to consider regarding the duties in the proposed
class and comp change and the functions currently existing in the clerk’s office. One was a
proposed charter amendment allowing certain records to be under the jurisdiction of the city
manager and certain others under the clerk’s. The second was to have the additional hours of
the EMC dedicated to departments for assisting with their departmental records.
Ms. Sessions asked Ms. Woods if the proposal from Ms. Schleicher is a conflict. In the past,
council has seen that additional help is needed for the records room, could this be a nice
compromise having someone else to help. Ms. Woods stated the option of the charter
amendment is a way this could work because it gives the city manager purview over the records
that her departments are creating while allowing the Clerk control over mayor and council’s
records and historical records. Ms. Sessions asked so what do we have to do to make that
happen; amend the Charter? Ms. Woods replied yes that is one way. Ms. Sessions asked if Ms.
Woods had spoken to Mr. Hughes and Ms. Woods replied no this is what she is proposing to
council to accommodate the job description change requested by Ms. Schleicher.
Mayor Buelterman asked Mr. Hughes if a charter amendment was necessary or would he like to
review it. Mr. Hughes replied he would like to review it but he was not sure a charter
amendment was necessary. He stated Ms. Woods could be the custodian of the records no
matter where they are located. The concern is not knowing what records there are and not
letting the situation get worse. Mr. Hughes said as long as the correct reporting is in place. It is
critical for Ms. Woods to know what records exist and where they are.
Ms. Williams asked if council went with Ms. Woods second suggestion, which would not involve
a charter change, if the EMC was able to organize and get all the records from the other
departments in order, would there not be anything to preclude him from coming into the
clerk’s office and working with you, as your assistant is only part time; in scanning records at
the station that has been set up to do so. She asked if she understood that correctly. Ms.
Woods replied yes that is correct. Her only concern was the training involved in any type of
records processing and management and the time involved in training a new person to do that.
She understands the EMC has received training in emergency records management and that is a
wonderful thing. But as far as basic records management, it takes extensive training. During
the arranging and indexing of the departmental records and the archives room he would be
trained and then we could add the council’s records.
Ms. Sessions stated training is very important and understood Ms. Woods has been trained in
records management but has your assistant, who she thought was going to be doing more of
that.
Ms. Woods replied yes, Ms. Woodard has been trained. She hasn’t attended a conference due
to funds for the December conference, being removed from the budget. We are looking at
what training is available that would only involve a day trip. She has done extensive research
on records management and attended several Georgia State Archives classes. Ms. Sessions
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stated she understands the records issue has continued to be a concern for years and we need
to do what is necessary to improve the situation. Mr. Garbett stated we need to take
advantage of any additional help we can get in this area. Ms. Schleicher should be able to let
the clerk know when Mr. Brown is available and send him to her office and Ms. Woods can tell
him what needs to be done. Ms. Woods agreed. Mr. Garbett stated the clerk should also be
able to ask Ms. Schleicher if Mr. Brown is available. Ms. Schleicher stated that is the plan and
we would prioritize in the off season. During the hurricane season he is extremely busy but has
time in the off season. Ms. Schleicher stated the plan is to devote ten hours a week, in the off
season, to records administrative support and maintenance. She stated her priority is the
permanent records and the clerk’s office to help Ms. Woods, if she would like those extra
hours.
Mayor Buelterman asked if that was all that was in there and Ms. Schleicher replied yes that
was all it is.
Ms. Doyle asked why the job description had to be changed to make that happen. Ms.
Schleicher replied there are other things in the job description; that is just one element. She
had changed management to coordinate. Ms. Doyle reiterated she did not feel the job
description needed to be changed; “other duties as assigned” should handle it. Mayor
Buelterman commented he didn’t understand why adding the records maintenance was a
problem. Ms. Doyle stated she disagreed with it. Ms. Schleicher stated there are other
elements that were also changed. Ms. Doyle asked such as. Ms. Schleicher stated items’
stating managing due to the fact Mr. Brown does not manage anyone, he coordinates. She
doesn’t have the old one in front of her to compare but duties he wasn’t doing were deleted,
and duties he is doing were added. Mr. Brown met with Human Resources for the revisions
based on what he actually does. One example is the maintenance of the fire extinguishers, etc
making sure all the buildings safety equipment is up to code. The reason they specifically
added the records item was because she didn’t want the duties Mr. Brown does in the off
season as time permits, to fall through the crack. Ms. Schleicher stated Mr. Brown felt during
the recent hurricane exercise, the preparation and process in moving only 10% of the city’s
records, sent up a red flag that in a real emergency, moving all the city’s records would create a
real challenge. Ms. Schleicher said Mr. Brown had stated if he could assist the departments in
getting the records more organized so they would be efficient for an evacuation then he would
offer that assisstance. He had approached her because of what he saw in the exercise and
asked if he could do that. She had told him she was in the process of modifying his job
description and he asked if he could add that to it. She feels this is part of emergency
management and she sees as part of our evacuation this could be a real problem, if the records
are not organized and not destroyed on a regular basis. We are going to be moving records
that should have been scanned and paper we should not be moving. We should be getting it all
scanned and organized, which is important.
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A Motion to approve as written by Paul Wolff was seconded by Kathryn Williams.
Ms. Sessions confirmed with Ms. Schleicher the job is still 35 hours. She asked if the first
sentence under major duties changed any. Ms. Schleicher replied it might have to some degree
but she did not have the original one for a comparison. Ms. Sessions commented she was
unsure of what April Moore’s title or duties were but she wanted to make sure this was not
taking any of the job duties away from there. Ms. Schleicher replied she understood. Ms.
Sessions stated she also did not want any of the Fire Chief’s duties factored into this. Mr.
Schleicher replied right.
The vote was five in favor; Sessions, Garbett, Schuman, Williams and Wolff. One opposed;
Wanda Doyle.
Adjournment
A Motion to adjourn by Paul Wolff was seconded by Frank Schuman. The vote was unanimous.
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MAYOR
Jason Buelterman
CITY COUNCIL
Shirley Sessions, Mayor Pro Tem
Wanda D. Doyle
Bill Garbett
Frank Schuman, Sr.
Kathryn Williams
Paul Wolff
CITY OF TYBEE ISLAND
CITY MANAGER
Diane Schleicher
CLERK OF COUNCIL
Vivian Woods
CITY ATTORNEY
Edward M. Hughes
P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749
(866) 786-4573 – FAX (866) 786-5737
www.cityoftybee.org
Updated: 1/05/2010
City Council Agenda Item Request
Agenda Item Requests must be submitted to the Clerk of Council by 10:00 am the Wednesday prior to
the scheduled Council meeting. If this form is received after the deadline, the item will be listed on the
next scheduled agenda.
Council Meeting Date for Request: 10/14/2010
Item: GEFA ECBG Change order Request #2
Explanation: Please see attached change order request for the increase in cost for this project of $4,318.00.
Increase in costs comes from installation of an energy saving/reducing “Big Ass Fan.”
Budget Line Item Number (if applicable): 100-6210-54-1450
Paper Work: x Attached* Already Distributed
To be handed out at Council Meeting (by Requester)
Audio/Video Presentation**
* Thirteen copies for packets must be provided with request.
** Audio/video presentation must be submitted to the IT department at City Hall
at least 48 hours prior to the meeting.
NOTE: Request will be postponed if necessary information is not provided.
Submitted by: Jonathan Lynn
Phone / Email: 912-786-4573 ext. 107 jlynn@cityoftybee.org
Comments:
Date given to Clerk of Council: 10/6/2010
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