HomeMy Public PortalAbout050_030_20161208AmendedMinutes.pdfCity Council Minutes 20161208
Consideration of Items for Consent Agenda
Mayor Buelterman called the consent agenda to order at 6:30PM on December 8, 2016. Those
present were Julie Livingston, Monty Parks, John Major, Wanda Doyle, Barry Brown and Bill
Garbett. Also attending were Diane Schleicher, City Manager; Bubba Hughes, City Attorney;
George Shaw, Director, Community Development; Angela Hudson, Finance and General
Administration Director; and Janet LeViner, Clerk of Council.
Mayor Buelterman listed the following items on the consent agenda:
Northern Atlantic Right Whale Day Proclamation
November 10, 2016, City Council Meeting, Minutes
Alcohol and Entertainment License – 2017
BEER/WINE/LIQUOR - SUNDAY SALES BY DRINK FOR CONSUMPTION ON
PREMISES ONLY AND ENTERTAINMENT
Agave Bar and Grill Ivet Perez Hernandez 402 First Street
A-J’s Dockside Restaurant Jacqualand M. Burn 1315 Chatham Ave
American Legion Post 154 Charles Bolen 10 Veterans Drive
Benny’s Alvin B. Ward 1517 Butler Ave
Bernie’s Tybee Island, Inc. Bernie A. Reyes 13 Tybrisa Street
Bubba Gumbo’s Patrick Burns 4 Old Hwy 80
Coco’s Sunset Grille Tracy M. McMahon 1-A Old Hwy 80
80 East Pub and Grill Anthony J. Baker 725B First Street
Original Rest Corp dba Jennifer R. Orr 1613 Strand
Fannie’s on the Beach
Huc-A-Poo’s Bites & Booze Eric Thomas 1213 HWY 80
Little Italy Tybee Inc. dba La Dolce Vita Heather Perez 1401 Strand
Surfside Restaurants Corp dba Jennifer R. Orr 404 Butler Ave
Marlin Monroe’s Surfside Grill
Nickie’s 1971(new owner) Roy Landrum 1513 Butler Ave
North Beach Bar and Grill Kathryn Williams 33-A Meddin Drive
RAW Industries Inc dba Ian Davis 18-C Tybrisa
RAW Ingredients
Bikini’s Inc. dba Rock House Joshua Navon 1518 Butler Ave
Sting Ray’s Raymond J. Rogers Jr. 1403 Butler Ave
Sweet Dreams Pavilion Myrtice Morrison Pier / Pavilion
The Quarter Sports Bar Wayne T. Barlow 604 First Street
Tybee Sand Bar INC dba The Sand Bar Jennifer Knox 1512 Butler Ave
Tybee Island Fish Camp Kurtis Schumm 106 S. Campbell Ave
Wind Rose Café Mary Klein 19 Tybrisa St
BEER/WINE/LIQUOR - SUNDAY SALES BY DRINK FOR CONSUMPTION ON
PREMISES ONLY
MacElwee’s Seafood Lynn Zeigler 101 Lovell Ave
Spanky’s Beachside John Yarbrough 1605 Strand
Tybee Island Wet Willie’s William Dickinson 16-B Tybrisa
Tybee Supper Club Michael Scarbrough 35 Meddin Drive
BEER/WINE - SUNDAY SALES BY DRINK FOR CONSUMPTION ON
PREMISES ONLY AND ENTERTAINMENT
GPSBBQ.COM dba Gerald’s Pig & Shrimp Gerald L. Schantz 1115 HWY 80
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a r e h e r e a n d r e p r e s e n t e d t o n i g h t . M r . H u g h e s s t a t e d t h e v i o l a t i o n o f t h e C o n e o f S i l e n c e c a n
b e r e j e c t i o n o f a p r o p o s a l . M a y o r B u e l t e r m a n a s k e d M r . H u g h e s t o g i v e b a c k g r o u n d o f t h i s
i t e m . M r . H u g h e s r e s p o n d e d t h e c u r r e n t l e a s e o n N o r t h B e a c h G r i l l i s d u e t o e x p i r e i n A p r i l o f
2 0 1 7 a n d d u e t o a p r o v i s i o n o f S t a t e L a w a s w e l l a s b a s i c p r o c u r e m e n t t y p e p o l i c y , t h e
s u g g e s t i o n w a s m a d e t h a t a R e q u e s t f o r P r o p o s a l w o u l d b e d o n e . T h e p r o p o s a l s w e r e i n c l u d e d
on past agendas and/or discussed at meetings and two responses were submitted. The
Proposals were reviewed by the Committee to create a matrix based on the content of the
Proposals but no action has been taken since that time as some due diligence on the City’s part
was required and under the circumstances Mayor and Council has elected to take this matter up
at this time. Mr. Hughes then explained the different options to Mayor and Council as the City’s
Charter permits the City to lease property prior to applicable State Law.
David Cornelius, 9 Palmwood Street, approached Mayor and Council to speak on the Tybee
Island Lite Shrine Club. Mr. Cornelius asked for relief to access the back of the building to do
repairs. Mr. Ferraro, Adkins, stated he will work with Mr. Cornelius to coordinate access. Mayor
Buelterman thanked both Mr. Cornelius and Mr. Ferraro.
Polly Hall, 5th Avenue, approached Mayor and Council, to speak on behalf of North Beach
Grill. Ms. Hall expressed her concerns with the matrix that was done regarding the Request for
Proposal. She stated that a matrix is used to inform the discussion which will then result in a
decision. Ms. Hall does not feel that numbers from the matrix should not determine a business
decision. She does feel Mayor and Council should not take the decision of possible relocation of
the North Beach Grill from the owner when they have been contributing in the community and
commitment to promoting the Island. Mayor Buelterman thanked Ms. Hall.
Mallory Pierce, 5th Avenue, spoke in favor of the North Beach Grill as it is a unique
institution. Mr. Pierce stated that North Beach Grill is leasing the property and not the building
as they have built the building. He also questioned the legality of not renewing the lease as the
business does not own the building. Mayor Buelterman thanked Mr. Pierce.
Amy Cash, Chattanooga, Tennessee, approached Mayor and Council to speak in favor of
renewing the lease for North Beach Grill. Ms. Cash stated the main reason she visits the Island
is due to the North Beach Grill as well her love for the community and beach. Mayor
Buelterman thanked Ms. Cash.
Jean Hudson, 1306 Venetian Drive, approached Mayor and Council to speak in favor of
renewing the lease for North Beach Grill. Ms. Hudson stated that by a show of support at the
meeting, the Community is speaking in favor of the North Beach Grill. Mayor Buelterman
thanked Ms. Hudson.
Shelton Tauntabaum, 1621 Chatham Avenue, approached Mayor and Council. Mr.
Tauntabaum stated, if the bid price is the issue, this is not the only income stream from the
North Beach Grill. There are sales and excise tax which is a positive. With a possible new
owner, there is no guarantee of the revenue stream as they will not be proven. Secondly, if
leases are going to come due every 5 – 10 years, who will want to invest money in the building
or facility not knowing if the lease will be renewed. Mayor Buelterman thanked Mr.
Tauntabaum.
Sarah Bacon, 14 Estill Hammock Road, approached Mayor and Council to speak in favor of
renewing the lease on the North Beach Grill.
Ross Howard, 507 Jones Avenue, approached Mayor and Council stating he represents
Tybee Island on local television stations. Recently he stated “when people come to visit Tybee
Island, they see the Lighthouse, beach and to discover Tybee Island but what they discover
after they arrive is the real treasure, the people of Tybee Island.” Mr. Howard stated the
criteria of a bid, there will always be someone that will find something wrong but those
proposals are not the end all as they are a tool. The decision is up to Mayor and Council and
need to know their decision could affect the workforce at North Beach Grill. Mr. Howard asked
Mayor and Council not to bury the North Beach Grill as it is a true treasure.
Dottie Kluttz, Officers Row, approached Mayor and Council to speak in favor of the North
Beach Grill. Ms. Kluttz reminded Mayor and Council this is a personal decision as this will affect
the future of the current lease holders as they will not have a livelihood and their staff will have
to look for other employment.
Wes Saxton, Treasure Loop, Wilmington Island, approached Mayor and Council to speak
in favor of North Beach Grill. He asked the lease be renewed. Mayor Buelterman thanked Mr.
Saxon.
Roxanne Fleetwood, 138 S. Campbell Avenue, approached Mayor and Council to speak in
favor of North Beach Grill. She recommended the other interested party in the North Beach
Grill look for an alternate location for their endeavors. Mayor Buelterman thanked Ms.
Fleetwood.
Debby Kerney, 1101 Second Avenue, approached Mayor and Council to make a business
appeal to Mayor and Council. Ms. Kerney stated the North Beach Grill should have received
points for having a successful business for 20 plus years as they are a proven tenant. Mayor
Buelterman thanked Ms. Kerney.
Wanda Doyle made a motion to approve the consent agenda to include the waiver of licensing
fees for American Legion Post 154. Monty Parks seconded. Vote was unanimous, 6-0.
Public Hearings – Zoning Map was in the Room
2016-25 First and Second Reading, Erosion and Sedimentation Control Ordinance.
George Shaw approached Mayor and Council. Mr. Shaw stated the item before them is an
amendment to an existing ordinance which will match State Laws that have changes. The
greatest affect locally will be the addition or reinstitution of the 25’ marsh buffer as the City has
its own. The Planning Commission recommended approval unanimously. Bill Garbett made a
motion to approve first and second reading. Wanda Doyle seconded. Voting in favor were
Julie Livingston, Monty Parks, John Major, Wanda Doyle and Bill Garbett. Voting against was
Barry Brown. Motion carried 5-1.
2016-22 First Reading, Sec 3-080 (D), to create a use table with parking
requirements and adjust parking requirements. Additionally to amend Sec 2-010
Definitions, to add a definition of Shopping Center. George Shaw approached Mayor
and Council and stated this agenda item is a result of a request from Mayor and Council. Mr.
Shaw stated it was easier to create a “use table” rather than the previous format which has
been deleted for the most part. He stated this also represents the City’s multi-modal
transportation use on the Island and most of the parking requirements are lessened from
approximately a third to half depending on the type of use and additional uses that are not
reflected in the City’s current ordinance. Mr. Shaw continued, a definition for shopping center
was added. Mr. Major asked if there is a shopping center with three retail stores, each 2,000
sq ft, each would have a requirement of 6.6 parking spaces but the shopping center as a whole
would have 6,000 sq ft, which would be 15 parking spaces as opposed 19.8 parking spaces. He
recommended the language “free standing retail stores” would have a different requirement.
He asked which would take precedence. Mr. Shaw responded with the retail it is a standalone
business where the shopping center is combined on a single parcel of land. Mr. Parks
referenced the prior ordinance as electrical hook-up is not allowed in the hotel/motel parking
lots. Mr. Shaw apologized as that did not get transferred to the proposed ordinance and will be
added for second reading. Ms. Doyle asked for clarification of the definition of a shopping
center. Mr. Shaw responded that in crafting the proposed ordinance he research several options
and decided on two businesses. Mr. Major stated in reviewing the minutes of the Planning
Commission the motion was to approve as submitted. Wanda Doyle made a motion to
approve as amended by including the recreational vehicle hook-up restrictions as in the
previous ordinance and including “freestanding” after retail. Monty Parks seconded. Vote
was unanimous, 6-0.
Consideration of Ordinances, Resolutions
2016-31A – Second Reading, Master Plan Implementation Committee, Sec 2-265.
Mr. Garbett stated in the proposed ordinance language should be added so the Committee
can address issues that Mayor and Council forward to them. Mr. Major stated if Mayor and
Council have an issue or concern they would like the Committee to review for recommendation,
this proposed ordinance would empower them to do so. Mayor Buelterman stated Mayor and
Council would have discussions prior to asking the Committee to review and send
recommendations. Mr. Major recommended a Resolution be done when asking the Committee
to review an item. Mr. Hughes stated language be added “by Resolution”. Bill Garbett made
a motion to approve as amended by adding “by Resolution”. Wanda Doyle seconded. Vote
was unanimous, 6-0.
Consideration of Bids, Contracts, Agreements and Expenditures
Hotel/Motel Agreement – Trade Center. Deferred until December 21, 2016 City
Council Meeting.
Addendum to 2016-688, Disposal of disaster debris on private roads and rights of
way, NOT TO EXCEED $80,000 is hereby changed to NOT TO EXCEED $180,000.
Wanda Doyle recused. John Major made a motion to approve. Monty Parks second. Vote
was unanimous, 5-0.
Council, Officials and City Attorney Considerations and Comments
North Beach Bar and Grill Lease. Mr. Parks stating that he has a three part motion to offer
for consideration. Monty Parks made a three part motion: (1) Reject both proposals at this
time; (2) ask the City Attorney to enter into negotiations with the current tenants to achieve a
more equitable lease agreement; and (3) ask the City Attorney to bring the results of that
negotiation back to the full Council with the understanding that acceptance of this lease is
contingent on Council approval. Bill Garbett seconded. Discussion: Mr. Hughes asked
that a date of completion be added to the motion. He reminded Mayor and Council the lease
expires the end of April 2017. Mr. Parks amended his motion to include Mr. Hughes bring
results of the negotiation to Mayor and Council at the February 9, 2017 City Council Meeting.
Mr. Garbett accepted the addition. Ms. Doyle expressed her concerns as a Request for
Proposal process was done where there were two open public meetings for input where none
was received. She asked why negotiations were not done rather than the RFP process. Ms.
Livingston stated she has concerns regarding Mr. Parks’s motion. She feels there are better and
more appropriate methods to resolve this issue other than negotiations. Ms. Livingston stated
the process should be more structured and consistent with State Law. Mayor pro tem Brown
stated his concerns as a complete response was not received during the RFP process. He
would recommend reissuing the RFP to include the North Beach Bathrooms. With a normal bid
process, if the submitting packet was incomplete it would have been disqualified. This was not
done with the onset of the RFP. Mayor Buelterman recommended not opening the bid proicess
again. Ms. Livingston recommended looking at conveying the property to the Downtown
Development Authority (DDA) to manage as they have flexibility with requirements. We want
to keep the character of Tybee Island and the North End. The DDA would be able to negotiate
the lease in relationship to the character of the North End that Mayor and Council cannot.
Mayor Buelterman stated this was an option but will take time to establish in the community.
Ms. Doyle stated Ms. Livingston has a good idea moving forward. She then asked Mr. Hughes
his opinion on establishing projects for the DDA. Mr. Hughes responded it would take a three
way agreement to have the City surrender the control of the property to the DDA and the DDA
would have contracting powers the City does not have. Ms. Doyle asked if the properties were
put in the hands of the DDA would they handle the leases. Mr. Hughes stated the DDA would
have the ability on how Mayor and Council convey to them, have the power to negotiate
without the statutory restrictions imposed on Mayor and Council. Mayor Buelterman agreed
Mayor and Council need to move forward with the DDA. Mr. Parks stated that after his
research, the lease could be turned over to the DDA after an approving vote this evening. Ms.
Livingston responded that she believes the DDA is the best answer for the future as it is a way
to keep the character of the Island as well as funding for the businesses. Mr. Major asked for
confirmation moving forward with a vote would not hamper the negotiations of the lease. Mr.
Hughes confirmed. Mayor Buelterman stated moving forward; approval of the negotiations of
the lease of the North Beach Grill is the best option moving forward. Ms. Doyle responded that
she cannot support Mr. Park’s motion as the City did not offer to negotiate the lease but instead
did an RFP. She continued that it is not personal against Ms. Williams. Voting in favor were
Monty Parks, John Major and Bill Garbett. Voting against were Julie Livingston, Wanda Doyle
and Barry Brown. Mayor Buelterman voting in the affirmative. Motion passed 4-3.
Alcohol Ordinance, 32-2016, Article III, Special Events. Mayor Buelterman asked Mr.
Hughes to enforce the proposed ordinance. Mr. Hughes responded with the discussion this
evening, first and second reading could take place at a February 2017 meeting. Ms. Doyle
asked for clarification of the options included in the packet before them. Mr. Hughes stated
Options A, B, and 32-2016 are included in the packet. He continued by explaining the changes
regarding pop-up events, restrictions on activities regarding consumption of alcohol, and a
Resolution is passed as associated with an unauthorized event. Ms. Doyle made reference to
Option A regarding consumption of alcohol in public during March, April, and May. Mr. Hughes
confirmed. Ms. Doyle asked if this includes parks. Ms. Hughes stated Option B included parks.
Ms. Doyle responded she has concerns with consumption of alcohol in parks as there are family
reunions and other family activities during in the spring. Mr. Major stated he has discussed this
with the Tybee Island Police Department (TIPD) and feels the TIPD should always have the
authority to shut down an event where there are public safety concerns. He also recommends
a ban on alcohol for March, April and May but also understands Ms. Doyle’s comments. Mr.
Garbett recommended areas such as parking lots and adjacent beaches and C-1 District are
included in the ban. He stated there are opportunities to reign in those who abuse alcohol on
the Island. He would also recommend the ban include the Friday prior to Memorial Day. Ms.
Doyle agreed with Mr. Major as the ban should be parking lots and adjacent beaches. Ms.
Livingston recommended the entire month of May not be included as Memorial Day is a major
vacation weekend. Mr. Parks stated he supports the proposed ordinance as it is stricter. Mayor
Buelterman stated Mayor and Council do not want Tybee Island to become a Spring Break
Vacation location. Also, Orange Crush has to be stopped as it is a public safety issue. Mr.
Major confirmed. Mr. Hughes stated when there is traffic from social medial regarding an
upcoming unpermitted special event, the goal being to act when an event is getting out of
control, so that appropriate notice is given, there will be no alcohol permitted. Ms. Livingston
stated her intent was not to have the TIPD restrict alcohol four hours prior to an event only to
be used as a determent. Mayor Buelterman recommended sending to the Public Safety
Committee for recommendations and brought back to Mayor and Council on December 21,
2016.
Julie Livingston made a motion to adjourn to Executive Session to discuss real estate.
Monty Parks seconded. Vote was unanimous, 6-0.
Monty Parks made a motion to return to regular session. Wanda Doyle seconded. Vote was
unanimous, 6-0.
Monty Parks made a motion to adjourn. Wanda Doyle seconded. Vote was unanimous, 6-
0.
Meeting adjourned at 8:55PM
__________________________
Janet LeViner, CMC
Clerk