HomeMy Public PortalAbout060_010_20150115CityCouncilMinutes City Council Minutes 20150115
Consideration of Items for Consent Agenda
Mayor Buelterman called the consent agenda to order at 6:30PM on January 15, 2015. 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; Courtney Reich, Ecological Planning
Group, and Janet LeViner, Clerk of Council.
Mayor Buelterman asked Janet LeViner, Clerk, to distribute ballots for the Planning
Commission and Ethics Commission.
Mayor Buelterman listed the following items on the consent agenda:
• City Council Meeting, December 11, 2014
• Special City Council Meeting, December 16, 2014
• Special Event Consideration: Tybee Island Mardi Gras (February 14: 12:00PM —
11:15PM) Tybrisa/Strand Roundabout/Parade route @ 2:00PM from 4th to Strand;
SEABAR (South End Association of Bars and Restaurants)
• Alcohol License Request — Special Event — Beer, Wine; Tybee Island Mardi Gras,
February 14, 2015, SEABAR.
• Flyer insert to address one time catchup utility bill in February. The City of Tybee
Island needs to bring utility billing up to date. This is a much needed step in order
for the City of Tybee Island to address a financial management recommendation by
our auditors. The February bill will be for utility December and January utility
services. This necessary change is being made in February as bills are, typically,
near the lowest Island wide. Discussion: Mr. Wolff stated that he feels this is fair
as residents will have six months to bring their accounts current. Further, this is a
request from the auditors.
• BRW Contract for Water and sewer Improvements: Change Order #1 — Complete
the replacement of #7 Force Main - $275,088.75 — Original Contract Amount:
$1,198,221.50 — Amended Contract Amount: $1,473,310.25. Funding for project is
from the balance of a GEFA loan. Account Number: 505-4310-54-1402 (Sewer Main
#7 Replacement).
• Request Out-of-State Travel for Rosie Laney to attend the 2015 National RV Park
and Campground Management School, Wheeling, WV
• Consideration of Agreement: 2015 Info Hut Agreement: Partnership between
Development Authority/Main Street and Visit Tybee
• Request the City Council's approval to award a proposal of $171,209 to HME, Inc. to
acquire a Fire Mini-Pumper truck. Discussion: Chief Sasser approached mayor and
council to explain the five year plan which replaces the squad with new equipment.
He explained the bid process where only one was received which was lower than
anticipated. Chief Sasser stated that this is for a demo pumper as they are less
expensive and still have all the warranties as a new truck. There was a discussion
regarding the pumping rate and performance of the pumper. Mayor Buelterman
asked Ms. Hudson if the City has received SPLOST monies from the County. Ms.
Hudson responded that the City has collected one of the checks but another should
be forthcoming. She will pay for the pumper with general fund money and
reimburse the general fund when SPLOST funding is received.
• Approval to amend the FY2015 SPLOST 2008 Capital Project Funds Budget and
approval to pay unanticipated PSB A/V cost of $46,650 from SPLOST 2008 capital
project funds as previously planned.
• Intergovernmental Agreement for the Distribution of Special Purpose Local Option
Sales Tax Proceeds by the County to the City of Tybee Island for the purpose of
North Beach Restroom and Parking Improvements.
• Proclamation, Bureau of Ocean Energy Management, Opposing Seismic Airgun
Testing. Discussion: Mr. Wolff explained the proclamation and asked mayor and
council for their support.
Mayor Buelterman asked the Clerk to collect the ballots for tabulation.
Mayor Buelterman called the regular meeting to order at 7:00PM. All those present for the
consent agenda were present.
Opening Ceremonies
• Call to Order
• Presentation of Colors, American Legion Post 154
• Pledge of Allegiance
• Invocation: Jan LeViner
• Recognition of Citizens for 2014 — Let us remember those still traveling with us in our
hearts.
Jan LeViner, Clerk/Director of the Tybee Island Youth Council, approached mayor and
council for the Swearing in Ceremony. Ms. LeViner gave a brief synopsis of the forming of
the Tybee Island Youth Council and thanked everyone for their support. For following members
were asked to approach the podium to be sworn in.
• JaNiya Bowers
• Kurt Clark
• Azure Duree
• Drake Hughes
• Kylie Kline
• Ava McNally
• David Rimes
• MiKaree Stafford
• Joey Webster
Mayor Buelterman administered the oath to the Tybee Island Youth Council candidates and
congratulated them. Alderman Van Johnson approached mayor and council to also thank
the Tybee Island Youth Council members for their desire to learn about their local government
and to make a difference. He stated the importance of the Youth Council as this is an
investment in the lives of young people. Alderman Johnson then introduced members of the
Chatham County Youth Commission who in turned presented a gift to the Tybee Island Youth
Council members.
Mayor Buelterman asked Jan LeViner, Clerk to read the results of the ballots for the Tybee
Island Planning Commission Appointments and Tybee Island Ethics Commission
Appointments. The results are as follows (attached):
Tybee Island Planning Commission
• David McNaughton
• Tyler Marion
• Marianne Bramble
Tybee Island Ethics Commission Appointments
• Frances Kaye Strickland
• Michael Pappas
• Danny Hill
• Katherine Garlington
Kathryn Propst, CRC, approached mayor and council to give a report on the Memorial Park
Energy Project (attached). Ms. Propst explained that this project was due to a GEFA grant to
improve energy efficiency in local government facilities. Her presentation indicated the energy
savings since the retrofit which has resulted in a $33,000 savings. Mr. Wolff thanked Ms.
Propst and the members of the CRC for all their work. Mayor pro tern Doyle also thanked Ms.
Propst and recommended that the City hire a professional consultant to see what is needed for
the solarized project. There was a discussion regarding the installation of the geothermal in
Memorial Park and the malfunction of the pump. Ms. Schleicher stated that DPW is now
monitoring the system for maintenance issues. Mayor pro tem Doyle again thanked Ms. Propst
for all her efforts. Mayor Buelterman asked Ms. Schleicher to look into a consultant coming to
the City to ensure energy efficiency with current projects. Mayor Buelterman expressed his
gratitude for the CRC's efforts as well as hers.
Sue Bentley and Sarah Jones approached mayor and council to give a Historic
Preservation Commission (HPC) Update. Ms. Jones explained the role of the Historic
Preservation Commission in regards to determining the historical significance of a building at
the time of application for a building permit (attached). She explained that the average turn-
around time for the HPC to review a work permit request is 24 — 48 hours. Ms. Jones further
explained that the HPC does not have the authority to require the homeowner to alter any plans
for their project. Their goal is assist property owners with the historic buildings by making
them aware that the Federal and State Governments will pay a property owner a tax incentive
to properly restore their historic building. Mayor pro tem Doyle recommended that the
guidelines be revisited. Ms. Jones confirmed and will be forthcoming. Community meetings are
scheduled to address the guidelines and questions/issues. Mayor Buelterman thanked Ms.
Jones and Ms. Bentley for their dedication to the HPC.
Gerald Schantz approached mayor and council to discuss the Charity Bar-b-que on January
21, 2015. He explained that this will benefit the local police officers to show our support for all
they do. The bar-b-que will be held at the Tybee Market, IGA, Butler Avenue from 4:00 —
6:00PM.
Samantha Seagul, Campaign Organizer with OCEANA, approached mayor and council to
discuss seismic airgun blasting. She thanked everyone for their support with the Resolution
that was approved during the Consent Agenda.
Special Event Consideration: Tybee Island Irish Heritage Celebration Parade (March
14 @ 3:00PM): 4th Street— Butler—Tybrisa — Strand Avenue (same as 2014); Tybee
Irish Heritage Committee. _ Wanda Doyle recused. Barry Brown made a motion to
approve. Rob Callahan seconded. Vote was unanimous, 5-0.
Paul Wolff made a motion to approve the consent agenda. Rob Callahan seconded. Vote
was unanimous, 6-0.
Public Hearings
Site Plan Approval — 1013 Highway 80, Zone C-2; PIN 4-0026-07-005A; Keith Gay
and Jerry Cox petitioner; consideration for conversion to mixed use building.
Courtney Reich approached mayor and council explaining the agenda item. She stated that
this is an existing single family dwelling to a mixed use building. The findings of staff are that
this is in keeping with the existing district as outlined in the LDC as well as the characters.
Ms. Reich further stated that prior to the issuance of Certificate of Occupancy the owner will be
required to recombine Lots 14 and 15 and a portion of 16. Ms. Reich explained that the off-
street parking requirement does meet the Code. The Planning Commission heard this request
and their vote was to unanimously approve. Mr. Wolff asked if Mr. Davis' concerns have been
addressed and resolved regarding the drainage and parking. Keith Gay approached mayor
and council to answer any questions. He reminded mayor and council that two years ago they
initiated and authorized a study regarding commercial space and the Corridor. At that time it
was recommended that the Corridor be expanded to commercial use and this property is one of
the last small business opportunities on the Island. He discussed the parking requirements at
this property as well as the available space to meet those requirements. In order to meet those
requirements he would have to take down established trees. Mr. Gay would ask mayor and
council to address the meaningful requirements of parking along the Corridor. He explained
that he is not asking for a variance for the property and all concerns have been addressed. He
would ask that mayor and council approve this request and not require the building of a fence
on the east side of the property. Mr. Brown confirmed there is a fence on the rear of the
property. Mr. Parks asked Mr. Gay if he was asking for a variance not to build a fence. Mr. Gay
responded no. A short discussion ensued regarding the fence, buffering requirements and
parking requirements. Mr. Garbett suggested that Mr. Gay proceed as it is and mayor and
council revisit the ordinance. He stated that where commercial uses abut residential uses, the
residents deserve some sort of protection. Mr. Wolff stated that he supports the mixed use but
feels a fence needs to be in place. Mr. Gay disagrees as there is 10' of bamboo on the property
which serves as a buffer and would asked mayor and council to approve this request and not
require putting up a fence. Wanda Doyle made a motion to approve with the stipulation that
there will be no fence required. Barry Brown seconded. Discussion: Mr. Parks stated that if
this item comes to mayor and council as a special review, it is special review and if the request
is not to have a fence, then it comes to mayor and council as such. Mayor pro tem Doyle
amended her motion. She made a motion to approve with the stipulation that there will be no
fence required on the east side of the property. Barry Brown accepted the amended motion.
Vote was unanimous, 6-0.
Site Plan Approval — 1513 Butler Avenue, Zone C-2/SE; PIN 4-0008-07-004 & 4-
0008-07-001; Ginger and Calvin Ratterree (Nickie's 1971 Bar and Grill) petitioner;
consideration of outdoor seating at commercial building. Courtney Reich approached
mayor and council to explain the request for site plan approval. She explained that permits
were not issued for the property and both lots are zoned C-1/SE. Ms. Reich continued by
explaining noise complaints for the property as the TIPD were notified on several occasions. If
this is approved, an engineered drainage plan will be required as well as a lot recombination of
the two lots. Planning Commission heard this request and unanimously denied the request.
Mayor pro tern Doyle questioned the requirement for an engineered drainage plan as this is a
very small area and pavers are already in place. Mayor Buelterman stated that the owner
installed pavers along with picnic tables and chairs on a 385 sq. ft. patio. Calvin Ratterree
approached mayor and council to answer any questions they might have. Mr. Ratterree
explained the history of Nickie's and the vacant lot behind the bar. He explained that he used
the extra lot for horseshoes and such and the back area would be closed after the band starts.
Mr. Brown asked how long has the patio been in place. Mr. Ratterree responded approximately
2 months. A discussion ensued regarding complaints as Mr. Ratterree stated he has never had
a complaint regarding the patio area. Mr. Parks commented that he does not understand why
Mr. Ratterree did not apply for permits prior to doing the work on the patio. Mr. Ratterree
apologized for not getting permits prior to construction. Mayor pro tern Doyle explained the
construction of the stepping stones at the bottom of the stairs. Ms. Reich stated that there are
two issues to be addressed if this site plan approval is granted and that is storm water issues
and adding vegetation for a buffer. Mr. Brown asked if Mr. Ratterree had been fined. He
responded no. Ms. Reich stated that additional fees would be assessed at time of permit
application due to after-the-fact. Libby Manard approached mayor and council to speak
against this item (attached) as there has been previous noise complaints against this property.
She would ask that mayor and council deny this site plan approval. Mr. Wolff asked Ms. Manard
if mayor and council approve this request with the stipulations that the outside area be closed
at dark and the door remains closed during night time hours of operations and enforced, would
she be content with this. Ms. Manard responded that this has not been enforced to date and
does not feel it will be in the future. She explained that she logged approximately 84 calls for
nuisance to the TIPD during the month. Mr. Wolff asked Ms. Schleicher if the TIPD could
monitor to ensure doors that are open, be shut, with regards to live music. Ms. Schleicher
stated that the City Marshal has served Mr. Ratterree with a warning letter and the next step
would be a hearing and possible loss of license. Mayor pro tem Doyle stated that if mayor and
council place restrictions or a compromise, Mr. Ratterree is aware that he will need to comply
with the restrictions that might be placed prior to approval. Wanda Doyle made a motion to
approve. Barry Brown seconded. Discussion: Mayor Buelterman asked for clarification and
if there are contingencies with the motion. Wanda Doyle amended the motion to approve
with the stipulation that the patio area will close at sundown and the back door will be kept
closed after dark. Barry Brown seconded the amended motion. Voting in favor were Paul
Wolff, Wanda Doyle, Barry Brown and Bill Garbett. Voting against were Monty Parks and Rob
Callahan. Motion approved 4-2.
Site Plan Approval — 211 Butler, Zone C-1; PIN 4-004-08-004; 211 Butler, LLC,
petitioner; consideration on commercial amusement. Courtney Reich approached
mayor and council explaining that this site has commercial retail on the ground level and
second story, residential duplex. The applicant is requesting to add a commercial amusement
to the property and the proposed water slide will be located in the north-end of the existing
parking lot. She stated that the property abuts R-2 on three sides to the northwest and south.
Ms. Reich explained that the character boundary line bisects the property, north to south, and
the character areas are Arts/Eats/Eco Business Corridor to the east and Inland Cottage
Neighborhood to the west. Planning Commission heard this request and their vote was to
unanimously deny. Mayor pro tem Doyle questioned the buffer requirements as in the packet it
stated three sides but has been marked to indicate two sides. Ms. Reich clarified that it would
be two sides as changed by the Planning Commission. There was a discussion regarding the
placement of a bathroom and parking requirement. Brent Palmer approached mayor and
council to address questions or concerns. Mayor pro tem Doyle asked if there are wind
requirements associated with the slide. Mayor Buelterman clarified that if the slide can be
deflated in a certain time frame, those requirements would not apply. Mr. Parks expressed his
concerns regarding a waiting area for people wanting to use the slide. Mr. Garbett asked Mr.
Palmer to explain where the ADA bathroom would be located. Mr. Palmer showed the proposed
area on the proposed site plan as well as a waiting area. Mayor pro tem Doyle asked for the
correct height of the slide. Mr. Palmer stated it was 34.9'. Mayor Buelterman asked Mr. Palmer
if this request was to be denied and the City put out a bid for the amusement at another
location, would he bid. Mr. Palmer confirmed. Mayor Buelterman confirmed that the bid would
be contingent upon receiving site plan approval at another location. Mr. Hughes confirmed.
Mr. Parks asked Mr. Hughes if constraints could be placed on the amusement such as yearly
review. Mr. Hughes responded that it could be done seasonally but would not recommend. Ms.
Doyle stated she is favor of the amusement but not at the proposed location. She would be
happy to support him in finding a more suitable location for the amusement. Mr. Brown
expressed his concerns with noise that would be generated by the amusement. Rob Ray,
Attorney, approached mayor and council to speak against the site plan approval. John
McGaughey approached mayor and council to give a presentation voicing his objection to the
amusement and proposed location (attached). He would recommend the amusement be located
elsewhere on the Island. Rob Ray approached mayor and council to discuss the Master Plan
for Tybee Island. He asked mayor and council to refer to the definition of the Inland Cottage
Neighborhood, stating "this area provides for alternative transportation routes by providing
alternative travel or avenue, bike path and stop signs to slow the movement of vehicular traffic
creating a more pedestrian friendly environment". Mr. Ray stated that if this water slide is
permitted, it will create a traffic problem on both Butler and Lovell Avenues. He quoted from
the Master Plan regarding the use of the area and feels this amusement will create a high
impact commercial venture which in turn will create a great deal of traffic. Mr. Ray then
discussed the previous amusement on the Strand and the noise it produced. He again
recommended that mayor and council deny this request. Carolyn McGaughey approached
mayor and council to speak against and asked mayor and council to deny this request. She
explained the history of the purchase of their home at 211 Lovell Avenue and their love of the
Island. She again asked mayor and council to deny this request. John Gosse approached
mayor and council to speak against this site plan approval as he would be severely impacted by
the amusement and the noise level. Mr. Gosse stated his concerns with traffic and the location
of the restrooms. He expressed his love of his residence and the Island and would asked
mayor and council to deny the request. Christy Davis approached mayor and council to speak
in favor of the proposed amusement. Ms. Davis stated that she is a nurse by profession
however she has worked at the water slides in Florida. In the five years she worked at the
water slides, she stated that there were never health issues associated with the slides. Ms.
Davis would ask mayor and council to approve this request as it will provide the residents as
well as the youth of the Island a safe amusement to include possible employment opportunities.
Keith Gay approached mayor and council to speak in favor of the amusement, not the
location, as it would complement the Island and provide a place for residents and tourists to go.
Although he is in favor of the amusement, he feels it is a great idea but the wrong location.
Mr. Gay is before mayor and council representing DeSoto Beach Condos Association and has
been directed by the President of the Association to strongly oppose the site of the amusement.
The Association has concerns with parking, trash, and loitering. Marianne Bramble
approached mayor and council to speak against the location of the amusement as she feels
there is not enough room. Ms. Bramble then gave the history of the property as there have
been numerous proposed businesses before mayor and council. She expressed her concerns
over the removal of the amusement if there is a storm as well as the potential noise of the
amusement. Ms. Bramble agreed that the proposed amusement is a good idea but again, bad
location and ask mayor and council to deny the request. Brent Palmer approached mayor and
council to clarify previous comments. He stated that there would not be noise from a generator
as the amusement would plug into an electrical outlet. Mr. Palmer explained there would be
free transportation from parking areas to the amusement to alleviate traffic and congestion.
Sue Gassen approached mayor and council and questioned the approval of the amusement
with the lack of green space at the proposed location. Ms. Gassen stated her concerns with the
enforcement of green space on the Island when site plans are approved. She would ask mayor
and council to deny this request. Bill Garbett made a motion to deny. Rob Callahan
seconded. Discussion: Mr. Garbett stated this would be a wonderful attraction for the Island
but at another location. He also feels this request does not meet sections of the Code in terms
of temporary accessory structures which are (1) would only be allowed to be one story tall and
(2) would not be allowed to be adjacent to residential properties. Mr. Garbett stated if this
were approved it would be contrary to the Code. Vote was unanimous, 6-0.
Consideration of Ordinances, Resolutions
Second Reading, 03-2015 (formerly 61-2014); Sec 4-050 (0), South End Business
Overlay District; City of Tybee Island, petitioner; consideration of advertising
benches. Wanda Doyle made a motion to approve. Paul Wolff seconded. Vote was
unanimous, 6-0.
Second Reading, 01-2015, Sec 5-080, Site Plan Approval; City of Tybee Island,
petitioner; consideration of standards for site plan review. Paul Wolff made a motion
to approve. Bill Garbett seconded. Vote was unanimous, 6-0.
Second Reading, 05-2015, Sec 2-78, Regular and Special Meetings. Bill Garbett
made a motion to approve. Wanda Doyle seconded. Vote was unanimous, 6-0.
Second Reading, 04-2015, Sec 22-196, Recycling. Paul Wolff made a motion to
approve. Monty Parks seconded. Vote was unanimous, 6-0.
Second Reading, 02-2015, Sec 22-194, Disposal of Refuse. Paul Wolff made a motion
to approve. Rob Callahan seconded. Vote was unanimous, 6-0.
Council, Officials and City Attorney Considerations and Comments
Mr. Hughes gave an update on the Tybee Island Pool Referendum stating the proposed
State Bill has been submitted to Legislative Council and Senator Watson has the advertisement.
He would ask Mayor Buelterman to contact the Senator and have it forwarded to him. Mayor
Buelterman confirmed. Mr. Hughes stated that this would be on the November 2015 ballot.
Barry Brown stated that he would like to readdress the Golf Cart Sticker as he feels
residents should have a reduced fee, $25.00, for a yearly parking decal. This again would be
for residents only. In order to receive a reduced fee decal, residents would have to show proof
of taxes, ad valorum taxes, paid in District 3. Mayor Buelterman recommended that this be
sent to staff for review and brought back to mayor and council. Mr. Parks expressed his
concerns regarding how many people would be affected, the mechanism, and the revenue loss.
Mr. Brown responded that this would encourage residents to use golf carts rather than
automobiles and would like to move forward with this as quickly as possible. Ms. Schleicher
stated that the corresponding ordinance would have to be adjusted and brought before mayor
and council for approval.
Rob Callahan would like to introduce Section XVI, Ban Smoking on the Beach for
discussion. Mr. Callahan would like to get the pulse of the community regarding smoking on
the beach as it would be a cleanliness issue. With the recent re-nourishment, he would like to
reduce and/or eliminate cigarette butts from the trash stream on the beach. He would ask for
positive and negative feedback from the community. Mayor pro tem Doyle stated that this will
become an enforcement issue as litter laws are in place currently which should take care of all
the trash and all cigarette butts on the beach. The concept is great but it is not logical or
enforceable. This will take more enforcement, more eyes, and more consistency to deal with
the litter. Mr. Brown concurred and read the number of tickets issued for littering in the past
three years. Mr. Garbett is in favor of the possibility of banning smoking on the beach and
would recommend mayor and council moving forward and agrees there would be enforcement
issues. Mr. Callahan agreed to get examine how other beach communities handle smoking on
the beach and bring back to a future city council meeting.
Mayor pro tem Doyle stated that the Short Term Rental Ordinance had been placed on
several agendas and she would ask that if mayor and council are going to move forward with
the discussion, that it needs to be placed on the upcoming City Council Workshop and then
involve all the stakeholders. She expressed her concerns with this being placed on the Planning
Commission agenda as this is a Municipal Code and not Land Development Code. Mayor pro
tem Doyle would also recommend mayor and council review the responsibilities and duties of
the Planning Commission.
Rob Callahan made a motion to adjourn. Paul Wolff seconded. Vote was unanimous, 6-0.
Meeting adjourned at 10:45PM
Janet LeViner
Clerk of Council