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HomeMy Public PortalAbout050_010_20140814Minutes City Council Minutes 20140814 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on August 14, 2014. Those present were Paul Wolff, Monty Parks, Rob Callahan, Wanda Doyle, Barry Brown and Bill Garbett. Also attending were Diane Schleicher, City Manager; Bubba Hughes, City Attorney; Tommy Branch, Callaway, Braun, Riddle and Hughes, PC; Dianne Otto, Manager, Planning and Zoning Department; John Eric Schleicher, Intern, Planning and Zoning Department; and Janet LeViner, Clerk of Council. Mayor Buelterman listed the following items on the consent agenda: • City Council Meeting, July 10, 2014 • City Council Meeting, July 10, 2014, Second Reading of Millage • Neca Stoller, Historic Preservation Commission (re-appointment) • Paint Georgia Pink for Breast Cancer/Event location: Memorial Park: September 20, 2014; Alcohol License Request — Special Event — Beer and Wine, Huc-a-poo's • RiskJockey Agreement. Discussion: Mr. Garbett asked Ms. Schleicher if the Standard Operating Procedure (SOP) as submitted by Chief Bryson would be further reviewed. Ms. Schleicher replied that Mr. Hughes had made changes so the City would be protected as far as the officers not following their own policy. She will bring the SOP to the next Public Safety Committee Meeting for their input. Mayor pro tem Doyle concurred. Mr. Parks expressed his concerns that residents might feel their liberties are being encroached upon. • Out of state travel, Chief Robert Bryson, Myrtle Beach Special Events Summit, September 21 — 23, 2014. Approximate cost, $400.00. • Third Amendment to Water Tower Attachment Lease Agreement, ALLTEL, Van Horn. Discussion: Mr. Hughes stated this agreement is related to ALLTEL replacing three of their existing antennas and adding three additional. Negotiations took place and it was agreed that there would be an additional $600 per month in rent which would permit them to add the antennas. Mr. Hughes explained that ALLTEL has not applied for a building permit as of yet and has not been reviewed by Hussey, Gay and Bell but will be. He further recommended that mayor and council approve the lease agreement. Mayor Buelterman then asked Ms. Schleicher if these additional funds been included in the budget cycle. Ms. Schleicher stated no as the budget was based on the current lease. She will do a budget adjustment for additional revenue. • DPW Request for a budget adjustment to replace 2000 F150 with a newer used F150. Deduct $6,000 from Building Maintenance (100-1565-52-2201) and add it to DPW Vehicles (100-4210-54-2200). Discussion: Ms. Schleicher stated that the repair for the existing vehicle is quite extensive and it is more economical to purchase a replacement. Mr. Wolff asked if the replacement needs to be an F150 or would a smaller, more efficient vehicle suffice. Ms. Schleicher said that a heavier truck is needed as the heavy construction crew will be using this vehicle. Mayor Buelterman called the regular meeting to order at 7:15PM. All those present for the consent agenda were present. Opening Ceremonies • Call to Order • Invocation: Fr. Tom Peyton, St Michael's Catholic Church • Pledge of Allegiance Mayor Buelterman invited Karen Reese to come forward to accept a Certificate of Appreciation from B Company, 1St Ranger Battalion, 75th Ranger Regiment, Hunter Army Air Field. Mayor Buelterman thanked Ms. Reese for everything she does for the City. Leigh Burns, Outreach Program Manager & CLG Program Coordinator, Georgia Historic Preservation Division approached mayor and council to present the City with their Certified Local Government Certificate. She extended her thanks to Mayor Buelterman, council members, Historic Preservation Commission, Tybee Island Main Street Program and Tybee Island Historical Society for all the group effort that has led up to this certification. Ms. Burns noted that the City of Tybee Island is Georgia's newest and the 88th certified local government. Mayor Buelterman accepted the certificate and thanked Ms. Burns. Daniel Cary, Director, Historic Savannah Foundation, approached mayor and council to thank the City for their kindness that was extended to Historic Savannah Foundation and hopefully all of Savannah and Chatham County by investing in an economic impact study. This is an undertaking to measure the positive economic impacts of historic preservation in Savannah and Chatham County. This is important to jobs, property values and other associated benefits and it is their intent to prove and demonstrate that preservation does have a positive economic impact. Mr. Cary thanked the City for their financial assistance with this study. Mayor Buelterman thanked Mr. Carry. Mike Hosti, approached mayor and council to address a zoning infraction that he was served with on the property behind his business. He would like to formally appeal the City's decision to pursue legal action. He explained that he has had storage trailers for a number of years which are used for commercial storage. Due to a recent change regarding a public safety rule, a complaint was received from a neighbor. He would ask that mayor and council abate the legal proceedings until he completes the variance process. Ms. Otto responded that the lot on Lovell Avenue is a vacant lot owned by Mr. Hosti and zoned R-2. The commercial use of merchandise being stored there is a violation in the R-2 zone. Ms. Otto continued by stating staff has followed all enforcement requirements and Mr. Hosti has a court date of August 19, 2014. He has also applied for a variance to be granted for commercial use of the property which will be considered by the Planning Commission on August 19, 2014. Mayor pro tern Doyle asked Ms. Otto if it is the intent of Mr. Hosti that he is asking mayor and council to suspend the legal actions for August 19, 2014 until he has had the opportunity to go through the variance process. Mr. Hosti confirmed. He stated that the trailers have been in place for several years and have not been a problem until recently when repairs were made to the corner of 11th Street to allow trucks to return to Butler Avenue from Lovell Avenue instead of retuning in front of the Tybee Island Maritime Academy due to the turning radius of the corners. Mayor pro tem Doyle asked Mr. Hughes if there were any reasons why mayor and council could not suspend the legal actions until the variance process is complete. Mr. Hughes responded yes as basically this is an appeal of the enforcement of staff's decision that what Mr. Hosti is doing is in violation of the current ordinance. Ms. Schleicher stated that due to the application of a variance by Mr. Hosti, staff would not object to a continuance. Mayor Buelterman confirmed with Ms. Otto that staff is comfortable interpreting this in such a way that staff can let the process work itself out and bring back before mayor and council. Ms. Otto made a reference to the Section within the Code which requires that the court hearing be scheduled within 10 — 30 days and this was accomplished by the August 19, 2014 court date. She would not like to see a postponement to be viewed as the City did not meet the requirements of the Code. Mr. Hosti confirmed that items stored in the trailers are commercial inventory. Mayor Buelterman stated that he would recommend that mayor and council allow the variance process to continue. Ms. Otto stated that Mr. Hosti's variance request will be heard by the Planning Commission on August 19, 2014 and will be heard by mayor and council on September 18, 2014. The court date will also be rescheduled. NOT ACTION TAKEN Clay Mobley, Coastal Director of Georgia Conservancy, approached mayor and council to speak in favor of the proposed buffer ordinance. This will be progressive and shows leadership for Tybee Island for others to follow. He stated that a healthy marsh equates to maintaining good property values, great vista and equates to a healthy fishery. Mr. Mobley stated the buffer protects a very valuable resource and would again ask for a favorable vote. Mayor pro tern Doyle asked Mr. Mobley his comments regarding manicured lawns not being allowed as a minor disturbance as gardening is allowed. Mr. Mobley responded that it is his understanding that natural buffer does a better job of filtering than a manicured lawn does. Mayor pro tem Doyle thanked Mr. Mobley for his comments. Skip Sasser approached mayor and council to speak regarding motorized carts. He would ask mayor and council to review the proposed ordinance in respect to the elimination of gas carts. He would ask that gas carts not be prohibited. Dianne Otto approached mayor and council to speak regarding motorized carts. She stated that there are two versions before mayor and council and both prohibit gas powered carts. Ms. Otto would ask mayor and council not to prohibit the gas powered carts for residents. She stated that residents do hear her gas powered cart and aware of her presence where with an electric cart there is little or no noise. Julie Livingston approached mayor and council to speak regarding motorized carts. Ms. Livingston explained she is the owner of the Dixie Pedaler and she does have some gas powered carts that are used for their shuttle service. She would ask that a decision be made equally for commercial and non-commercial use. Ms. Livingston asked that if mayor and council prohibit gas motorized carts that they can be transferrable otherwise it devalues their business. Consideration of Bids, Contracts, Agreements and Expenditures Backhoe & Grader RFP recommendation: $167,600 from Flint Equipment — John Deere model — lowest price and added features. Price is good for 30 days. Recommend financing with a no pre-payment penalty. Mayor Buelterman expressed his thoughts on this item and is aware of the time constraints. He stated that it is his understanding the surplus funds from FY2014 would be used for purchases such as this. It is his desire not to borrow money for purchases when those monies might be available when the FY2014 is closed. Ms. Schleicher replied that if the City were to go forward with the loan, the term of the loan would only be for 1 1/2 months and once the FY2014 is closed the loan would be paid off. Mayor Buelterman wanted to ensure that areas such as Solomon Avenue, North Beach Parking Lot, and all the minor streets and parking lots are maintained with the purchase of this equipment. Mayor pro tem Doyle stated this was part of the CIP during the budget cycle and also denoted on the spreadsheet in the budget packet that it would be a loan. She concluded that if this can be paid off, she is in favor. Mayor pro tem Doyle then asked Mr. Wilson the difference between the open and enclosed cab. Mr. Wilson described the differences which included hours of operation, open and closed cab, and rear ripper from Flint Equipment. Mr. Parks asked for clarification of a proposed motion as to whether mayor and council would recommend waiting to purchase the equipment or moving forward. Mayor Buelterman responded that he was not against borrowing money for a very short period of time. He was concerned about the best use of $170,000. Mayor pro tem Doyle stated that if she is to support this purchase, she needs confirmation from DPW that the City will be taking care of Solomon Avenue on a regular basis as well as the other problem areas on the Island. Bill Garbett made a motion to approve. Wanda Doyle seconded. Discussion: Mr. Garbett asked for a clear accounting of how much the equipment is used to include cost of operation. Mayor Buelterman requested the Clerk of Council add an agenda item to the second meeting in October (October 23, 2014) to evaluate a possible budget adjustment for this purchase. Vote was unanimous, 6-0. Request City Councils' approval to obtain a loan through SunTrust Bank for $170,000 for three years with an interest rate of 1.64% in order to acquire a Grader and Backhoe equipment for the Public Works Department. Monty Parks made a motion to approve. Rob Callahan seconded. Vote was unanimous 6-0. Public Safety Building Parking Lot and Street Lighting Layout and Proposal by Georgia Power. Budget Line Item: 100-4210-53-1230 (Public Works — Electricity — Street and Parking Lot Lighting). Mr. Wolff asked Ms. Schleicher why the City isn't purchasing the poles and putting whatever type of lights we want and wiring through the meter. He feels that long term it is the best option, whether solar or LED's. Mr. Wolff continued as he does not feel it is in the City's best interest to commit to Georgia Power for another lease for poles the City owns. He would like a cost analysis and/or overview of what it would cost the City to install fixture of our own with LED and/or solar lights and look at the long term payoff, ROI, compared to how much the City would pay Georgia Power over the life of these lights. Mayor Buelterman stated if the City were to move forward, it would be the same as the street lights where the City pays a per month lease, regardless of how much power you use, so it would behoove the City to use solar. Mr. Wolff confirmed. Ms. Schleicher stated that on the plan before mayor and council, three of the lights are street lights and Georgia Power offered to do LED's or normal cobrahead and she would recommend doing the cobrahead as within a year the City will be part of the pilot program. Ms. Schleicher discussed the lights at Jaycee Park, Volleyball court and softball field as these lights are leased and the program is beneficial to Tybee. Mr. Wolff agreed that wiring needs to be done now and not after the fact. He is only questioning what kind of lights would be put in the parking lot. Mayor pro tern Doyle agreed with Ms. Schleicher and recommended moving forward. Mayor Buelterman suggested that Mr. Wolff work with Ms. Schleicher to research solar lighting options. Ms. Schleicher clarified that Georgia Power will install four LED's in the parking lot to include the three on the street which gives the City an opportunity to capitalize on the pilot program at a lesser rate. Mr. Wolff corrected Ms. Schleicher in saying the City will save money long term doing four LED's whether solar or not in the parking lot and owning the poles. Mayor Buelterman asked if under Option 2, if the City is paying the lease per pole. Mr. Wolff confirmed. Mayor Buelterman stated that it is his understanding that the City take the four poles, put LED's lights in them, the City pay and run through the meter. Mr. Parks asked if research was done, would the City lose Certificate of Occupancy (CO) opportunity. Ms. Schleicher stated that the City would lose the opportunity for the final CO as the parking lot will not be graded. There was a discussion on who would be running the wires in the parking lot, Georgia Power or the City. Ms. Schleicher stated that the final CO is contingent upon the grading of the parking lot. Ms. Otto responded that the City is a long way from a CO for the Public Safety Building as as-builts, drainage plans, etc., have not been provided to staff. Mr. Wolff asked Ms. Schleicher to contact Georgia Power with the following questions: (1) numbers for running the wires to the four light locations in the parking lot, cost if the City owns the lights; (2) how much would Elkins charge to run the wires to the locations; and (3) how would Georgia Power reduce the $2,016.84 if the City runs the wires. Ms. Schleicher concurred. Ms. Otto clarified her previous statement regarding a CO as they have issued a limited access CO to allow dispatch move into the Public Safety Building. The next will be for police staff to move into the building. Mayor Buelterman recommended this agenda item be brought back at the next meeting, August 28, 2014. No action. Paul Wolff made a motion to approve the consent agenda. Monty Parks seconded. Vote was unanimous, 6-0. Public Hearings Text Amendment— 50-2014; Land Development Code Sec. 4-050(E) and (F) and (0), District Use Regulations; City of Tybee Island, petitioner; consideration of requirements for hosting special events. Ms. Otto approached mayor and council to answer any questions. This item is within the Land Development Code District Use Regulations for three difference zoning districts: C-1, C-2, and the South-end Overlay. Previously there were questions regarding how special events were being handled. This item was heard by the Planning Commission and the vote was 5-0 to approve and the option is to require both special and site plan approval in all three of the zones when there is a proposal for a special event. Mr. Parks asked if the process can be done at one time. Ms. Otto concurred that it can be done concurrently. Bill Garbett made a motion to approve. Monty Parks seconded. Vote was unanimous, 6-0. Text Amendment — 43-2014; consideration of beach and dune regulations — Section 3-100; Beach, Dune or Vegetation Disturbance/Crossover Maintenance and Construction. Ms. Otto approached mayor and council explaining there are two paragraphs with red-lines before mayor and council. The Planning Commission considered this agenda item and their vote was to approve, 5-0. The wording is stricken that states "within the jurisdiction of the Department of Natural Resources (DNR) under the Shore Protection Act". This item is before mayor and council to ensure they are aware of how the State determines the Shore Protection Line and if sand dunes are not in the shore protection area, they are not subject to the 10' setback requirement that Tybee Island has imposed on sand dunes. Ms. Otto explained that when DNR determines their jurisdictional line, they take houses that were built at the time the Short Protection Act was adopted and 20' trees and draw a line. She explained that there might be instances where 20' trees are out in the dune area that the State would use to draw their jurisdictional line. Ms. Otto showed diagrams for reference. Mayor pro tem Doyle stated that everyone would like to protect the dunes but she feels that DNR has concerns as there is no one in the audience that participated in a discussion at the onset of the city council meeting. She would like to know if the residents, stake holders, affected been notified of the Text Amendment before mayor and council. Mayor pro tern Doyle stated she is not in favor of this if they have not been notified as with the changes, the regulations become more restrictive. Ms. Otto stated that the public hearings were posted but no other notification was completed as this is an Island wide ordinance, not specific to a parcel, therefore no notification to the stake holders. Mr. Wolff concurred that the manner in which DNR determines the shore protection line is erratic at best and makes no sense from a scientific or shore protection standpoint when looking at the dynamic dune field and the protection that if offers. It is critical that all dunes are protected and this text amendment is correcting the previous version. Ms. Otto stated that DNR does use aerials and monitors the existing trees. She explained that the Tybee Island Charter does have the 18' setback from the seawall and staff does follow that. Mr. Hughes stated that the language in the Charter is unique in that it deals with the former Strand that was on the other side of the seawall. He explained that a problem arose from new construction on the south-end where the seawall was located but the issue was, does the provision apply to the properties. Mr. Hughes continued by explaining that just because there is a seawall does not necessarily mean that there is 18' of set-back off of it. That will be true for most of the front beach. Mr. Hughes quoted from the Charter, "the City retains the right to be able to maintain the seawall and council shall continue to have authority to deed, transfer and quickclaim by resolution all of the right, title, and interest of the City in and to that portion of the beach formerly known as the 'strand' which abuts the property of such property owner eastwardly to within 18' of the seawall, provided that the City and the said property owner shall not utilize the 18' area abutting on the seawall and the land so deeded except for the purposes of repair, maintenance, prevention of erosion, and control of the seawall, groins, beaches and sand dunes." He indicated that this is not a blanket cure and will apply to much of the Island. There was a discussion regarding the jurisdictional line under the Shore Protection Act and vacant lots beach side. Mr. Parks expressed his concerns as there are so many unanswered questions. Mr. Hughes commented that everything between the north and south groin, everything east of the seawall, belongs to the City. Mayor pro tem Doyle stated that the previous text amendment was done in 2008 and has worked, why would there be changes? Ms. Otto responded that she is bringing this before mayor and council to assure there is awareness that there are dunes outside the shore protection area that can be developed. Mr. Hughes quoted from the Beach Rules regarding the prohibition of the disturbance of sand dunes and vegetation. Mr. Garbett stated he has no objection to passing the text amendment on the first reading with the understanding it will come back before mayor and council for second reading. Freda Rutherford approached mayor and council and asked mayor and council to think about when dealing with property rights, is who is going to ultimately going to own the property. Who is going to actually going to live on the Island? She gave examples of residences on the Island where sand has moved as it wants. Mayor Buelterman suggested that mayor and council hold off on a decision, not vote on it, and bring someone in from DNR who has expertise and speak to mayor and council. Mr. Parks made reference to the Shore Protection Ad Hoc Committee that was organized two years ago. Questions were raised and it was determined that there are no satisfactory answers. Ms. Otto stated there is no variance required currently to develop landward of the shore protection line. Paul Wolff made a motion to approve. Rob Callahan seconded. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan, and Bill Garbett. Voting against were Mayor pro tem Doyle and Barry Brown. Motion carried 4-2. Mayor Buelterman stated that he would like to find a way to notify property owners on the back side, north, outside of the seawall protected area. Consideration of Ordinances, Resolutions First Reading, 44-2014, Municipal Code Sec 54-5, Damage to and Intrusion upon Property, Consideration of Regulations for Litter. Ms. Otto approached mayor and council stating that this is a municipal code and did not go before Planning Commission. She stated that the City Marshal brought to her attention that the current wording of the ordinance did not prohibit people from using other people's litter receptacles or debris containers as is written. With the insertion of two simple words, this will be corrected. Mayor pro tem Doyle asked for clarification. Ms. Otto explained that if someone dumps their garbage in another's receptacle, this would allow the City Marshal to issue a citation for using someone else's container. Mayor pro tem Doyle stated that the problem may be that the trash containers are not identified thus people use other peoples containers. She hopes that with the efforts of WastePro to identify containers this will help alleviate the problem. Bill Garbett made a motion to approve. Mayor pro tem Doyle seconded. Vote was unanimous, 6-0. First Reading, Sec 66-8, Motorized Cart Use; 45-2014/46-2014. Mayor Buelterman stated that there is good language in the ordinance such as safety issues but there is some level of consensus that individuals should be allowed to use the gas carts moving forward. He would recommend that language be stricken and leave the rest and ensure that children are safe. Mayor pro tem Doyle asked Mr. Schleicher to clarify the two versions before mayor and council. Mr. Schleicher stated that they are identical with the exception of the provision regarding child seats. One version would prohibit children who are required by the State to be in a safety chair or booster seat from riding in motorized carts. The other version would allow for children to be in the front seat of motorized carts if this seat is manufactured approved to be in a lap belt restraint which would prohibit all other safety seats. Mr. Schleicher stated this version was modeled after Lookout Mountain, GA as they have that provision in their ordinance. Mayor Buelterman stated that Option 2 with gas would be logical. Mr. Brown asked for clarification regarding two children in a cart. Ms. Schleicher responded that if they are limited to a front seat, there is a driver seat and passenger seat, so the Lookout Mountain compromise was to allow a booster chair or car seat in that front seat. There are safety issues with the seat facing rear. Mr. Brown asked if the cart had forward facing seats how would it apply. Ms. Schleicher stated as long as the seats are facing forward you could have two or three children in booster seats or car seats. Mr. Wolff commented that he would like to change the language in 4-D, to add "motorized carts are not allowed on bike trails". Paul Wolff made a motion to approve the ordinance by striking the prohibition on gas carts; allow car seats in any forward facing seat with proper seats and lap belts; and under 4D add "or bike trail". Bill Garbett seconded. Discussion: Mayor pro tem Doyle clarified that this would pertain to Option 2. Mr. Wolff confirmed. Vote was unanimous, 6-0. First Reading, 47-B, Sec 34-45, Carnival Operations; special insurance provisions. Mr. Branch approached mayor and council stating that there are two different ordinances before mayor and council. This ordinance relates to shuttle operation vehicles and their insurance requirements. This will be a larger and more comprehensive vehicle for hire ordinance which will alleviate the need for the existing language. Mayor pro tern Doyle made a motion to approve. Paul Wolff seconded. Vote was unanimous, 6-0. First Reading, 48A/B, Article VI, Taxis and Vehicles for Hire. Mr. Branch approached mayor and council stating there are two versions before mayor and council, Option A and B. Option A has extra language which was not agreed to by all the representatives at the recent vehicles for hire meeting. This includes color schemes requirements for vehicles for hire and uniforms which are the primary differences. Option B would be identical with the exception of the additional language. Mayor Buelterman asked Mr. Branch what in Option B is different from the existing ordinance. Mr. Branch responded there are several changes as the City of Tybee does not a vehicle for hire ordinance requiring a licensure. There is currently a requirement for insurance on vehicles for hire which was $1M policy where no one else has that requirement to include the City of Savannah. He further explained that with this, the City of Tybee Island is adopting a requirement for all vehicles for hire, a licensing requirement for the operators of the vehicles and a regulatory fee. Mayor Buelterman asked Ms. Schleicher to explain the vehicles coming from Savannah to pick up fares and the requirements for a business license. Ms. Schleicher responded that this is accomplished much like the contractors on the Island where they will need to obtain a contractor registration. Their license will then be honored as long as their license is in Chatham County. Mayor pro tem Doyle stated that she does not see a need for a color scheme as companies will want something that is distinctive to them nor do drivers need a specific colored shirts as they will be required to wear identifying lanyards. She would recommend mayor and council approve Option B. Mayor pro tem Doyle made a motion to approve Option B. Paul Wolff seconded. Discussion: Mr. Wolff commented that he would like in Sec 34-195 (2) (a) to add the language "in writing" as this is not specified. Also in Sec 34-198 (5), stick "on the operators person". Mr. Branch responded that this is a compromise as there are so many types of vehicles; the operators would like to have an option. His final suggestion, in Sec 34-200, specify "photo id" on identification badge. Mayor pro tem Doyle accepted the suggested changes. Mr. Wolff accepted the amended motion. Mr. Garbett made reference to Sec 34-212, Option A, and asked for clarification of the language reference "equipped to seat at least six people, the driver included". Mr. Branch responded that this language was suggested by the stakeholders who attended the meeting. Mayor Buelterman asked if this would eliminate golf carts. Mr. Branch confirmed that it would eliminate golf carts that do not seat at least six people. Mr. Wolff asked Mr. Branch if there is language in either option regulating the number of people riding in a three seater golf cart. Mr. Branch responded that there is nothing in this ordinance that would control this. Ms. Schleicher interjected that this would be considered a moving violation as you would need a seat and a seat belt for each person. Mr. Parks asked if there has been any discussion regarding decorative lighting on the carts. Ms. Schleicher stated this was discussed as well as the noise issue. She continued that the benefits of the lights are visibility. Mayor Buelterman if there is anything in either options requiring noise? Mr. Branch confirmed, Sec 34-208, which indicated you may not have speakers on the outside of the vehicles nor amplified sound that can be heard outside the vehicles. He stated that there is nothing in either option regarding mufflers. Mayor pro tern Doyle amended her motion to include language from Option A, "equipped to seat at least six people, the driver included". Paul Wolff accepted the amended motion. Mr. Garbett clarified that golf carts for hire be equipped to seat at least six people to include the driver. Mayor Buelterman confirmed. Mr. Garbett stated he would like to omit that language as it could limit competition. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan, Mayor pro tem Doyle and Barry Brown. Voting against was Bill Garbett. Motion carried, 5-1. Second Reading, 13B-2014, Sec 3-080(C) (5), Consideration of residential driveway requirements. Paul Wolff made a motion to approve. Monty Parks seconded. Voting in favor were Paul Wolff, Monty Parks, Mayor pro tem Doyle and Bill Garbett. Voting against were Barry Brown and Rob Callahan. Motion carried 4-2. Second Reading, 34A-2014, Sec 6-080(K), Murals or Scenes; Consideration of sign regulations. Monty Parks made a motion to approve. Mayor pro tern Doyle seconded. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan, Mayor pro tern Doyle and Bill Garbett. Voting against was Barry Brown. Motion carried 5-1. Second Reading, 37A-2014, Sec 5-140(I), Minor Subdivision Plat Approval Procedures; Consideration of minor subdivision procedures. Mayor pro tern Doyle made a motion to approve. Monty Parks seconded. Vote was unanimous, 6-0. Second Reading, 38-2014, Map Amendment & Test Amendment, Cedarwood Drive, PIN 4-0002-18-011; Hendrickson & Flaby, owners, Consideration of rezoning one parcel from P-C to R-1. Paul Wolff made a motion to approve. Mayor pro tem Doyle seconded. Vote was unanimous, 6-0. Second Reading, 41-2014, Sec 12-1(a)(9), Use of Municipal Beaches and Facilities. Mayor pro tern Doyle made a motion to approve. Paul Wolff seconded. Vote was unanimous, 6-0. Second Reading, 39-C-2014; Sec 3-090.1, Buffer Ordinance; City of Tybee Island, petitioner; consideration of buffer regulations. Bill Garbett made a motion to approve as amended by striking language, "manicured lawns". Paul Wolff seconded. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan, Mayor pro tern Doyle and Bill Garbett. Voting against was Barry Brown. Motion carried 5-1. Second Reading, 40-2014; Sec 3-090, Schedule of Development Regulations; City of Tybee Island, petitioner; consideration of cross-reference for buffer regulations. Bill Garbett made a motion to approve. Paul Wolff seconded. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan, Mayor pro tern Doyle and Bill Garbett. Voting against was Barry Brown. Motion carried 5-1. Downtown Development Authority Resolution. Monty Parks made a motion to approve. Mayor pro tem Doyle seconded. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan, Mayor pro tern Doyle and Bill Garbett. Discussion: Mr. Hughes would like the minutes to reflect that in prior years the City of Tybee had a DDA, this Resolution is not a renewal as it was abandoned as the positions were not filled. Voting against was Barry Brown. Motion carried 5-1. Council, Officials and City Attorney Considerations and Comments Mayor Buelterman stated that he is very concerned with the South-end Sandbar Safety Issues due to the concerns of Chief Sasser as it relates to public safety. Chief Sasser approached mayor and council to address the details of the recent drowning. This incident was an hour prior to low tide and all conditions were good. He described the incident and the actions of the life guards. The life guards saw no signs of distress prior to his head going under. It was ruled that he had water in his lungs so the incident was ruled a drowning. Chief Sasser expressed his concerns with the upcoming re-nourishment and the visibility of the sandbars. Mayor Buelterman asked how to keep beach goers from going on the sandbars. Chief Sasser stated that it will have to be well posted but the problem also includes boaters, paddle boarders and kayaks. Chief Sasser suggested that the State be brought in for their recommendations. Mayor pro tem Doyle stated she has two questions: (1) can the City include something in the beach rules to preclude individuals from the sandbars; and (2) when the Beach Management Plan is completed, can the City move forward and speak with the DNR to get permission to move sand. This would be a location where we can move sand to the "hot spots". She further agreed with Chief Sasser that DNR needs to be contacted and brought in for their recommendations. Mr. Wolff stated that if that sand was moved from that area, it would exasperate the erosion on the Back River. Mr. Parks recommended that better signage could possibly help the situation by making individuals aware of the dangers. Mayor pro tem Doyle suggested that the Public Safety Committee discuss this at their next meeting. Mayor Buelterman recommended that prior to next summer the City have better signage on the beach. Ms. Schleicher suggested that discussions begin with the Corps of Engineers at the upcoming Beach Task Force meeting. Mayor Buelterman agreed. Diane Schleicher stated that she is working on the two drafts for the Request for Proposal (RFP) one being City Hall Needs and Security Assessment and the North Beach Restrooms. She asked mayor and council to review and send any recommendations to her. Ms. Schleicher explained that the scope for the North Beach Restrooms would be, can we and what is the cost to build a restroom on the ocean side near the middle crossover as opposed to building a restroom in the "A" zone outside the "V" zone closer to the battery. There was a discussion regarding solar lighting and grey water usage. Mayor pro tem Doyle stated she is in favor of these items but she feels that the scope for the restrooms at North Beach is too small. She would recommend a concession area be included as the area needs to be developed. Ms. Schleicher discussed the location, ADA compliance, space needs and concession for the North Beach area. It was agreed that mayor and council will forward their recommendations to Ms. Schleicher for inclusion in the RFP's. Ms. Schleicher will bring back to the second meeting in August. Barry Brown asked James Lanier, WastePro, for an update on services issues as he continues to receive complaints. Mr. Lanier approached mayor and council. He stated the route manager and he have re-routed the Island and this is a work in progress. They have addressed the issues of new drivers and route books as they have now added notes to the route books which helps to ensure all containers are emptied. He thanked mayor and council for their patience with the service issues. Mr. Lanier stated that they are in the process of doing a cross check with containers and addresses which should also assist with service issues. Mayor pro tem Doyle thanked Mr. Lanier for his prompt response time to her recent telephone call reporting a missed pick-up. Mr. Garbett thanked Mr. Lanier for his effort in solving the service issues. Mr. Wolff asked Mr. Lanier on the refrigerator magnets. Mr. Lanier responded that he is working on the suggested changes from Mr. Wolff. He would also like to use recycled materials for the magnets. Mayor Buelterman reminded Mr. Lanier to have the drivers put the carts back on the resident's property and not leave in the street. Mr. Lanier agreed. Mayor pro tern Doyle gave an Update on the Public Safety Building, as dispatch is scheduled to move next week. The 911 System has been installed, staff trained and is up and running. She explained that at the completion of the move in, the old police building will be scheduled for demolition and Elkins is hoping that the parking lot will be completed by the end of September. Mayor pro tem Doyle would like to schedule a ribbon cutting for the beginning of November. She continued to thank the staff for all their hard work with this endeavor as everyone is proud of the new facility. Paul Wolff made a motion to adjourn. Monty Parks seconded. Vote was unanimous, 6-0. Meeting adjourned at 9:45PM