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HomeMy Public PortalAbout050_010_20171214AmendedMinutes.pdfCity Council Minutes December 14, 2017 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on December 14, 2017. Those present were Julie Livingston, Monty Parks, John Major, Wanda Doyle, Barry Brown, and Bill Garbett. Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; George Shaw, Director, Community Development; Angela Hudson, Director, Finance Department; and Janet LeViner, Clerk of Council. Mayor pro-tem Brown listed the following items on the consent agenda:  City Council Meeting, November 9, 2017  Special City Council Meeting, November 30, 2017  Historic Preservation Commission o Philip Rosen, Ph.D. o Janet K. Will o Kathy Dennis o Jane Coslick (REAPPOINTMENT)  Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License. Discussion: Mayor Buelterman stated as noted in the agenda package, all approved. Ms. Doyle stated the fees for the liquor license for the American Legion is waived as part of the budget cycle. 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 George Walker 10 Veterans Drive  Beachview Bed and Breakfast Inn, LLC Karen Kelly 1701 Butler Ave  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  Orriginal 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  The Stoned Mullet dba Anthony Debreceny 404 Butler Ave The Deck  Nickie’s 1971 Roy Landrum 1513 Butler Ave �� North Beach Bar and Grill Kathryn Williams 33-A Meddin Dr �� RAW Industries Inc. dba Marshall G. Stevens III 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 A. Todd Morrison Pier/Pavilion (Same Business**Change of Ownership) �� The Quarter Sports Bar Wayne T. Barlow 604 First Street �� Tybee Sand Bar INC dba The Sand Bar Jennifer Knox 1512 Butler Ave �� Tybee Time Inc. dba Tybee Time Bar Steven Kellam 1603 Strand Ave �� Wind Rose Caf� 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 Fish Camp Kurtis Schumm 106 S. Campbell Ave �� 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 �� Lighthouse Pizza, Inc. dba Richard Hammons 15 Tybrisa Street Lighthouse Pizza North �� Tybee Arts Association Kim Trammel 7 Cedarwood Drive �� Tybee Island Historical Society, Inc. Sarah Jones 30 Meddin Drive �� Tybee Restaurant Group, Inc. Bethany Kellam 33 Meddin Drive (New Business) dba The Salty Pelican �� Friends of Tybee Theater dba James Kluttz 10 Van Horne Ave Tybee Post Theater BEER/WINE  SUNDAY SALES BY DRINK FOR CONSUMPTION ON PREMISES ONLY �� Lighthouse Pizza, Inc. Richard Hammons 15 Tybrisa Street dba Lighthouse Pizza BEER/WINE/LIQUOR, SUNDAY SALES BY DRINK FOR CONSUMPTION ON PREMISES ONLY AND ENTERTAINMENT WINE-PACKAGE SALES ONLY, CONSUMPTION ON PREMISES PROHIBITED  Tybee Island Social Club Kurtis Schumm 1311 Butler Ave BEER/WINE/LIQUOR – BY DRINK FOR CONSUMPTION ON PREMISES ONLY  Sundae Café Anthony J. Baker 30-A First Street BEER/WINE/LIQUOR – BY DRINK FOR CONSUMPTION ON PREMISES ONLY AND ENTERTAINMENT  Tybee Time Inc. dba Doc’s Bar On Tybee Steven Kellam 10 Tybrisa St BEER/WINE/LIQUOR – SUNDAY SALES – PACKAGE SALES ONLY, CONSUMPTIION ON PREMISES PROHIBITED  Dizzy Dean’s Discount Liquor A. Todd Morrison 1516 Butler Ave(Same Business*Change of Ownership)  XYZ Liquors Terese M. Jung 302 First Street BEER/WINE – SUNDAY SALES – PACKAGE SALES ONLY, CONSUMPTION ON PREMISES PROHIBITED  Chu’s Convenience Mart Richard Frederick Pruden 725 First Street  Chu’s Convenience Mart #101 Mola Chu Jung 306 First Street  Chu’s Convenience Mart #102 Mola Chu Jung 1603 Inlet Ave  Jaydeep LLC dba Shell Food Mart Rajesh Patel 1315 Butler Ave  Tybee Market Inc. Michael J. Hosti 1111 Butler Ave ENTERTAINMENT ONLY  Tybee Wedding Chapel LLC Stacye C. Jarrell 1114 HWY 80  Thomas & Hutton Contract. Discussion: Dr. Gillen stated this is the contract with Thomas & Hutton to be the City’s engineering firm so all projects will be worked through them. There is no money commitment as this formalizes the relationship with the firm. Mayor Buelterman stated the contract was discussed with the Infrastructure Committee and they recommended approval. Mr. Hughes recommended this contract be approved subject to the approval of the City Manager as well as himself. Mr. Major made reference to the contract and to the designation of the “owners representative”. He asked if only one person would be the “owner’s representative” as our projects are so diverse. Dr. Gillen responded it is he desire to only have one “owner’s representative” as this will streamline the process. Mr. Hughes clarified other concerns from Mr. Major. �� Tyler Technologies. Discussion: Mr. Hughes stated this agreement should be approved contingent upon the City Manager s and his approval. Todd Smith approached. Mr. Smith stated this is an add on to the current services provided by Incode. Dr. Gillen stated this will provide support for online payments of business licenses and short term rentals. �� SE Corrections Agreement, Amendment, Probation Services �� Fund raising for Volunteer Tybee Island Fire Department. Discussion: Dr. Gillen explained the process for receiving funds for this fund raiser. A third party, 501c3, will accept the proceeds from the fund raiser and in turn write a check to the City. Dr. Gillen stated the proceeds will be used to enhance the Tybee Island Fire Department. �� City Council establish the fiscal year 2017-18 the Operating Grant Special Revenue Fund for $1,946,872 with Resolution �� Memorandum of Agreement, Tybee Island Information Hut Partnership �� City Council amend the fiscal year 2017-18 the Chatham County SPLOST VI Capital Fund by an decrease of ($3,202) from $450,984 to $447,782 �� City Council amend the fiscal year 2017-18 the SPLOST 2014 Capital Fund by increasing $300 from $1,410,209.26 to $1,410,509.26 �� City Council amend the fiscal year 2017-18 the Chatham County SPLOST VI Capital Fund by an increase of $11,976 from $1,700,000 to $1,711,836 with Resolution �� City Council amend the fiscal year 2017-18 the SPLOST 2008 Capital Fund by an increase of $1,667 from $1,959 to $3,626 �� Purchase, Vacuum/Regenerative Air Street Sweeper, $180,000, Johnston North America �� Amendment to complete the updated Threatened and Endangered Species Report  Marsh Hen Trail. �� Acceptance of Donation of property near Wrenwood. Discussion: Mr. Hughes recommended Mayor and Council approve the Acceptance of the Donation and the  appropriate City Staff is authorized to sign the necessary documents including the Mayor or Mayor pro-tem accepting the conveyance and the deed subject to approval of the documents by Staff . 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 �� Invocation  Jan LeViner �� Pledge Allegiance Mayor Buelterman acknowledge Bill Garbett and John Mayor as this is their last council meeting of their term. Recognitions and Proclamations Ava Thomas, President, Tybee Island Youth Council, approached Mayor and Council to announce the Youth of the Month. Ms. Thomas asked Catherine Evans to come forward to be recognized as the Youth of the Month. Major Mosley and Captain Fobes, Tybee Island Police Department approached Mayor and Council to Recognize the newly sworn in officers: Nathaniel Dalit, Ray Smith and David Ruiz. Mayor Buelterman and Council thanked the officers for their commitment to Tybee Island. Consideration of Boards, Commissions and Committee Appointments Tybee Island Ethics Commission (total of three seats open – if approved one remaining seat). Wanda Doyle recused. Monty Parks made a motion to approve Dennis Alexander. Bill Garbett seconded. Vote was unanimous to approve, 5-0. Wanda Doyle recused. Julie Livingston made a motion to approve Ben Goggins. Bill Garbett seconded. Vote was unanimous to approve, 5-0. Alan Robertson, Chair, Code Review Committee approached Mayor and Council to give an presentation on the completed Code Review. He made reference to the hard copy that was provided Mayor and Council just prior to the meeting. Mr. Robertson stated a group was formed of City Staff, Council and himself twenty months ago. During that time they have completely reviewed the City Code and have recommended changes as presented. Ms. Doyle recommended, with Mr. Hughes guidance, to retain a person to guide the City through the changes. Mr. Hughes confirmed. Ms. Doyle asked this be added to the agenda for the City Council Workshop January 25, 2018. Mayor Buelterman confirmed and thanked Mr. Robertson for all his hard work. Julia Pearce approached Mayor and Council to give an update on the Tybee MLK5/50 Forward. Ms. Pearce stated this will be Tybee’s fifth annual parade and 50 years since the assignation of Dr. King. She then invited everyone to attend the parade on Saturday, January 6, 2018. Ms. Pearce stated the purpose of the Celebration is to bring people together for our beloved community for justice and equality. The Grand Marshal for this year’s parade is John Finny (ret), EOA. And Mistress of Ceremonies is Rev. June Johnson. Wanda Doyle made a motion to approve the consent agenda. Monty Parks seconded. Vote was unanimous, 6-0. There was a brief discussion regarding the Public Hearing portion of the agenda being moved from the first City Council Meeting of the month to the second meeting of the month which would give the Planning Commission additional time, if needed, to review requests and send their recommendations to Mayor and Council. Mr. Hughes stated it has been the desire of Mayor and Council to have the Public Hearings heard on the first City Council meeting of the month. Mr. Hughes reminded Mayor and Council of the advertising laws for public hearings. Mayor Buelterman asked Planning Commission Chair Demery Bishop to take to the Commission for their recommendations and bring back to Mayor and Council. Chair Bishop confirmed. Public Hearings Minor Subdivision, Sub-divide on lot into two lots – 38 Solomon Avenue; Zone R-1- B; Sharon Akers, PIN 4-0002-16-018. George Shaw approached Mayor and Council stating Ms. Akers has applied for a minor subdivision which is a large lot running from Solomon through to Bright Street. The lot currently has two structures as well as a garage workshop with an apartment above. It is their desire to split into two lots and this request meets all requirements for size and set-backs for the zoning district. Staff is recommending approval, as well as the Planning Commission, voting unanimously to approve. Mayor pro-tem Brown confirmed the size of the lots. Mr. Hughes stated this request would re-combine lots 22, 21 and 20 on Bright Street to make it one lot. He recommended this be noted on the plat. Wanda Doyle made a motion to approve. Monty Parks seconded. Vote was unanimous to approve, 6-0. Site Plan Approval and Parking Variance; Tybee Island Marine Science Foundation – 37 Meddin Drive; North Beach; Zone R-1/North End cultural Overlay; Maria Procopio; PIN 4-0001-03-013. George Shaw approached Mayor and Council and stated the Marine Science Center is planning to move from their current location in the south 14th Street Parking Lot to the north end of the North Beach Parking Lot. There are two parcels involved and accepting a third parcel, lot 4. Mr. Shaw showed the footprint of the building and explain that some parking would be eliminated from the North Beach Parking Lot and consultants have been contacted regarding adding parking to the North Beach Parking Lot. Bus parking will be along Meddin for visitors. Mr. Shaw’s presentation included the landscaping and drainage plans as well as the elevations of the building. Staff is recommending approval as it is an institutional use in an area that is allowed by right. The Planning Commission voted in favor, unanimously, of the site plan and parking variance. Mayor pro-tem Brown asked for clarification of the variance request. Mr. Shaw responded the sited ordinance is for the C-1 District only. Mayor Buelterman asked the status of the North Beach Parking Plan Lot. Ms. Doyle responded if the Marine Science Building is going to be built, a traffic flow needs to be reviewed and it is her recommendation the Plan needs to wait until after the Marine Science Building is completed. Dr. Gillen stated the Parking Plan could be implemented at any time and the traffic flow and pedestrian routing plan for the north area is going to begin after the first of the year. He is awaiting a proposal from Thomas and Hutton and depending on the cost, may have to come before Mayor and Council for approval. This would include a complete north end traffic plan for pedestrian, bikes and vehicular taking into account all current traffic issues. Demery Bishop, Chair, Planning Commission approached Mayor and Council. He stated as a result of the second meeting of the Planning Commission the question arose, in a planning environment, what type of traffic study or mitigation is occurring from an Island wide perspective, as a City, how are we going to facilitate the traffic as a result of the new Marine Science Center. He would ask the Planning Commission be involved with the planning of the traffic study as well as traffic in general. He continued, subsequent to the second meeting of the Planning Commission, the Commission asked what is the Business Plan of the Marine Science Center to include where is it coming from, what is the marketing strategy, financial plan, and operational plan. Dr. Gillen responded to the financing of the building. He stated there is a $1.7M spend that needs to happen to complete construction of the building and the City has permission to do a Recreational Bond through Chatham County Recreational Authority. He continued, at the recent City Council Workshop, it was suggested the City commit $300,000 from the fund balance to the project then doing a lower bond of $1.4M. Bob Hunter, 3 Fleetwood Court, approached Mayor and Council. He stated he would like to see a plan that ensures that various issues such as the road issues have been taken care of when the facility opens. Mr. Hunter expressed his concerns with having the money to fix the roads as well as build the facility. He asked who has the authority to develop an integrated plan that ensures when the facility is put in place that everything is there, i.e., roads, parking, etc. Mayor Buelterman stated ultimately the responsible lies with the elected officials. Julie Livingston stated the Public Safety Committee has looked at the increase of traffic as a result of the new facility. Mayor pro-tem Brown expressed his concerns with the possibility of widening Meddin to accommodate increased traffic. Monty Parks stated Mayor and Council do not have any idea of the impact of the facility on traffic will be as there is no Business Plan and no way of projecting the additional traffic. Barry Brown made a motion to approve. Monty Parks seconded. Vote was unanimous to approve, 6-0. Consideration of Bids, Contracts, Agreements and Expenditures Greenline – Tybee Island YMCA Gym roof. Mayor Buelterman expressed his concerns with the cost of the repairs. Dr. Gillen responded this relates to the design cost for getting the project completed. This would be a completely new roof on top of the existing roof. Mayor pro- tem Brown expressed his concerns with the cost of the roof. Dr. Gillen stated to fix the roof, as it was poorly designed, a new roof must be put on. Ms. Doyle confirmed the deteriorating conditions of the roof as well as the interior of the gym. Wanda Doyle made a motion to approve. Julie Livingston seconded. Vote was unanimous to approve, 6-0. Authorize Use of $300,000 of Fund Balance for the Marine Science Center. Mayor Buelterman confirmed the City allocated funds from the 2003 SPLOST for this facility and feels Mayor and Council need to move forward with the construction. He made reference to the fact that past councils as well as this council have been extremely responsible with spending and now have $9.3M in the fund balance. Mr. Garbett expressed his concerns with how the City will be repaid as there is no business plan. Mr. Parks stated there is an estimate of $1.7M which is two years old and based on per square foot. He feels $1.7M is very optimistic. Dr. Gillen stated the remaining monies from SPLOST will get the construction documents. Mr. Parks started he would prefer to pay cash for the construction rather than have a Bond and would still ask for a business plan. Mayor Buelterman asked for the cost estimate of the facility and would like to establish a “not to exceed” amount. Ms. Doyle responded in the building of the Public Safety Building there was a Construction Manager at Risk to ensure costs were kept in line and would recommend there be one for the construction of the Marine Science Center. Mayor Buelterman asked Dr. Gillen to get an update on the Traffic Study from Thomas and Hutton. Dr. Gillen confirmed and indicated he would reach out to them. Wanda Doyle made a motion to approve. Monty Parks seconded. Voting in favor were Julie Livingston, Monty Parks, John Major, Wanda Doyle and Barry Brown. Voting against was Bill Garbett. Motion to approve, 5-1. Consideration of Ordinances, Resolutions First and Second Reading, 14-2017, Sec 42-66 Fireworks. Mr. Hughes stated the proposed ordinance incorporates the provisions of State Law and provides clearly that certain areas are not permissible for the use of consumer fireworks including the beach or any portion of the beach. The proposed ordinance restricts to the fullest extent possible the use of under current State Law. Mayor Buelterman confirmed the City is doing everything possible, to the full extent of the State Law, to reduce the impact of fireworks and hazards of fireworks. Mr. Hughes confirmed and added the only issue that has not been address is the location of the vendors to sell. Mr. Major asked for clarification of the time fireworks can be used. Mr. Hughes stated the ordinance is consistent with State Law and the window of opportunity is not very well drafted. He recommended Mayor and Council approve the proposed first and second reading and the time issue will be revisited. Monty Parks made a motion to approve both first and second readings. Barry Brown seconded the first and second readings. Vote was unanimous to approve, 6-0. First Reading, 18-2017, Corrective Ordinance, Article 15, Soil Erosion, Sedimentation and Pollution Control. Bill Garbett made a motion to approve. Monty Parks seconded. Voting in favor were Julie Livingston, Monty Parks, John Major, Wanda Doyle and Bill Garbett. Voting against was Barry Brown. Motion to approve, 5-1. First Reading, 2017-16, Sec 34-262, Registration Fee/Renewal, STVR. Mayor Buelterman explained this is an increase in the registration fee from $25.00 to $100.00 and eliminating the requirement for a land line. Mr. Hughes stated there a number of changes and the urgency is the increase of the fee. It is going from a registration fee to a regulatory fee which requires another ordinance to be amended. The proposed ordinance is designed to change the fee. The requirement of signs was also discussed and he would recommend to pass on first reading as is and have the revisions be address on second reading. Mayor Buelterman stated relative to the fee increase would another meeting be required prior to the first of the year to approve on second reading. Dr. Gillen confirmed. Mr. Parks asked if Dr. Gillen has additional staff to handle the regulatory compliance. Dr. Gillen confirmed as this will provide a better database and streamlining the renewal process. Ms. Livingston expressed her concerns with the requirement to remove the land line. Mr. Hughes stated the updated 911 Call Center will be able to locate your location in case of emergency. Dr. Gillen confirmed the additional fees would pay for the additional City Marshal and administrative person needed for compliance. Monty Parks made a motion to approve. Bill Garbett seconded. Motion to approve unanimous, 6-0. First Reading, 2017-17, Sec 58-179, Regulatory fee; schedule. Wanda Doyle made a motion to approve. Monty Parks seconded. Motion to approve was unanimous, 6-0. Council, Officials and City Attorney Considerations and Comments Conditional Zoning Agreement, Meddin Drive. Mr. Hughes stated Mr. Yellin and he have spoken and all conditions are included in the packet before them tonight. He asked if there are concerns or questions. Mr. Parks confirmed he checked the packet to ensure all conditions are included. Monty Parks made a motion to approve. Bill Garbett seconded. Voting in favor were Julie Livingston, Monty Parks, John Major, Wanda Doyle and Bill Garbett. Voting against was Barry Brown. Motion to approve 5-1. Criteria for choosing which homes to evaluate for possible elevation through Hazard Mitigation Grant. Mayor Buelterman stated there are 138 residents that expressed an interest in the Grant. Dr. Gillen confirmed. Mayor Buelterman asked Dr. Gillen the criteria for which residents would be considered. Mr. Shaw responded criteria would include the homesteaded properties; eliminating post-firm homes; repetitive loss properties; adding the number of stories of a home and by adding these criteria it will get the list to 44. Mayor Buelterman confirmed to criteria: Homesteaded property and eliminating post-firm. He then asked how residents would be notified as to their status. Mr. Shaw responded staff will send letters. Mayor Buelterman stated he is not comfortable eliminating the criteria for two story homes. Mr. Shaw explained there are 20 homes that have expressed an interest in the Grant and post firm (non-compliance). Ms. Livingston recommended adding historical value to the criteria. Mr. Shaw then recommended elevation of the lowest floor as those are the residences that flood first. Ms. Livingston asked for a definition of repetitive loss. Mr. Shaw explained it is two or more claims in 5 years. Mayor Buelterman made reference to a resident that had not applied for their homestead but can prove they are a full time resident, how would that be handled. Mr. Shaw stated if they can prove they are a full time resident, they will be added back to the list. Mayor Buelterman recommended using the two criteria: homesteaded properties and eliminating post-firm criteria. Dr. Gillen confirmed this agenda item be added to the special city council meeting on December 19, 2017. To be added to the agenda for the Special City Council Meeting, December 19, 2017. Administrative Changes in positions in the Class and Compensation Plan. Mayor Buelterman stated all changes are in the packet before them. Dr. Gillen explained the net reduction to the current budget is $8,000. Ms. Doyle asked the status of an additional staff member in the Planning and Zoning Office. Dr. Gillen responded with the moving of the Facilities Coordinator to the Planning and Zoning Office, this will be a back-up in the office as well as assisting with film permitting. Ms. Doyle suggested the Facilities Coordinator ensure the line of communication is open with scheduling city facilities and staff members. Wanda Doyle made a motion to approve. Monty Parks seconded. Voting in favor were Julie Livingston, Monty Parks, John Major, Wanda Doyle, and Bill Garbett. Voting against was Barry Brown. Motion to approve, 5-1. Beach Crossovers – Signage – Discuss sign content. Mayor Buelterman asked prior to any construction of beach crossovers, the plan is brought to Mayor and Council for approval. Dr. Gillen confirmed. Mayor Buelterman stressed the importance of replacing the crossover at Gullick as it is a public safety issue. He would also recommend the crossovers are built high enough to go over the dune. Dr. Gillen then gave a short presentation regarding beach crossover signage. There are several options for street side signage as to the direction, materials and verbiage. He then showed the option of beach side signage. There was a discussion as to the preference of Mayor and Council. Dr. Gillen to move forward with the bid process and to have to signage in place by the tourist season. No action Drainage issues at Bright and North Campbell. Mayor pro-tem Brown stated he and Dr. Gillen met with Thomas & Hutton recently to address the drainage issues. Dr. Gillen stated Thomas & Hutton did present a drainage plan concept for the City. The south-end is a system issue which is more expensive as opposed to the north-end which the issues are localized nuisance flooding to where there are drainage issues. The next step is to survey the area which will take place after the first of the year. Ms. Livingston thanked Dr. Gillen and Mayor pro- tem Brown for taking on the project. To be heard by the Infrastructure Committee in February 2018. John Major made a motion to adjourn. Bill Garbett seconded. Vote was unanimous, 6-0. Meeting adjourned at 9:45PM.