HomeMy Public PortalAbout050_010_20170928Minutes - Copy.pdfCALSTATUS,0,10/06/2017 2:28:08 PM,,||,0,||,0City Council Minutes September 28, 2016
Consideration of Items for Consent Agenda
Mayor Buelterman called the consent agenda to order at 6:30PM on September 28, 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 Minutes, August 24, 2017
• Emergency City Council Minutes
o September 8, 2017
o September 9, 2017: 11:30AM and 5:30PM
o September 10, 2017: 11:30AM and 5:30PM
o September 14, 2017
• Extension of 6 month application period for non-conforming structure – Arby’s
• Out of State Travel, National League of Cities Summit, Youth Delegation, Charlotte, NC,
November 15 – 18, 2017, Janet LeViner
• Community Services Agreement Tybee Festival Association, Inc.
• Amend the fiscal year 2017-2018 SPLOST 2014 Capital Project by increasing the budget
from $940,300 to $1,227,300, an increase of $287,000.
• Festival Days for Pirates Fest 2017 and designate the areas as Festival Control Zones,
October 6 and 7, 2017, Pirates Fest. Discussion: Approval to be identical to Prohibited Items as outlined in Resolution for 2016.
• Emergency Ordinance/Resolution 01-2017. Discussion: Mr. Hughes stated Mayor and
Council approved a draft last meeting and corrections have been added. Mr. Parks
expressed his concerns regarding residents requesting a variance while rebuilding as he
would not want to delay the rebuilding process. Mayor Buelterman asked if the City is
reaching the 50% rule. Mr. Shaw responded not as of yet but close. Mayor Buelterman
recommended approval as it will be included on the agenda for October 12, 2017 with corrected language. Mr. Hughes recommended adding the language “in the instance of
storm damaged property where the petitioner is seeking a variance, those ordinances
will not be applicable and they will be dealt with as expeditiously as possible without
regarding to public hearings.”
• Recommendation from the Beach Task Force to Shore up the breaches in the dunes for
vehicular traffic. Discussion: Ms. Doyle stated there is a sub-committee within the
Beach Task Force and it is their recommendation to close the vehicular access points. This would include 2nd Street, 18th and Center Street to vehicular traffic. It is also
recommended the City Manager reach out to companies for options to build dunes in
those areas.
• Release and Covenant Not to Sue, Joseph Solomon. Discussion: Mr. Hughes stated the settlement agreement is $7,000 of which GIRMA will match.
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
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g r a t i t u d e w i t h t h e C i t y o f T y b e e I s l a n d s u p p o r t i n g t h e Y o u t h C o u n c i l .
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s t a t e d t h e f l o o d w a t e r f r o m t h e s t o r m w a s c o m i n g f r o m a d r a i n a g e t u b e u n d e r H i g h w a y 8 0 a s
t h e b a c k f l o w p r e v e n t e r w a s n o t o p e r a t i n g p r o p e r l y . M r . S c h a n t z g a v e s e v e r a l i n s t a n c e s w i t h
the rising water from the marsh due to the lack of the back flow preventers. Mayor pro tem
Brown shared his concerns with the back flow preventers and the failure during the storm.
Mayor Buelterman recommended the Infrastructure Committee add this to their agenda.
Wanda Doyle made a motion to approve the consent agenda. Monty Parks seconded. Vote was unanimous to approve, 6-0.
Public Hearings
Minor Subdivision: Subdivide one lot into 2 lots – 1103C Bay Street – Andrea and Ben Tanner – Zone R-1 – PIN 4-0021-16-0666. George Shaw approached Mayor and
Council and stated it is the desire of the petitioner to split the lot into two lots to create a new
home lot. He continued, both lots would have beach access; both lots would have the same
legal utility and access easement; the lots are big enough for the R-1 district; and Staff and
Planning Commission recommend approval. Monty Parks made a motion to approve.
Wanda Doyle seconded. Vote was unanimous, 6-0 to approve.
Site Plan: Add 50sf for restroom expansion – 1601 Butler Avenue – Arby’s Restaurant – Zone C-1 – 4-0008-18-004. George Shaw approached Mayor and Council
explaining that Arby’s was damaged by Hurricane Matthew and the petitioner has a Site Plan currently. They must bring up to current Code and need to bring the bathrooms to ADA Code.
The current layout of the building does not allow for sufficient space without a small addition,
approximately 50 sq ft, on the rear of the building. Staff recommends approval contingent
upon the fence at the rear of the property improved. This would create a buffer as there is a residence behind the building. Mr. Shaw also stated this is a non-conforming structure. Ms.
Doyle stated in reading the minutes she thought reference was made to an 8’ fence for a
buffer. Mr. Shaw confirmed. Bob Skinner, Arby’s Corporate, approached Mayor and
Council. Mr. Skinner thanked Mayor and Council for approving the six month extension. He
stated they are working toward the plans for the remodel so as to be open in November of this
year. He confirmed Arby’s will do an 8’ fence as a buffer. Barry Brown made a motion to
approve. Wanda Doyle seconded. Vote was unanimous, 6-0 to approve. Variance: Request to impact marshland to maintain right of way – Polk Street Right
of Way and 318 Polk Street – Michael and Karen Leonard – Zone C-2-EC – 4-0025-
01-005Y and 005Z. Mr. Hughes stated the City is applying for the permit on its own behalf
as well as on behalf of the Leonard’s with respect to the DNR. George Shaw approached
Mayor and Council explaining this is a request for a variance from the City’s Marsh Buffer
Ordinance. He stated the road will be elevated with gravel which will make the road wider and extend into the marsh. Ms. Doyle stated during the approval process, the approval from the
Corps of Engineers was never received and as a result, the variance request was never sent to
DNR for their consideration. Mr. Garbett stated his concerns with this request. Mr. Hughes
explained the cost would be split based on the distance involved from the part that is public to the part that is not. Mr. Garbett expressed his concerns regarding the cost to the City. Wanda Doyle made a motion to approve. Monty Parks seconded. Vote was unanimous 6-0 to
approve. Council, Officials and City Attorney Considerations and Comments Jason Buelterman stated he would like to have permission from the DNR to move sand
into gaps prior to hurricanes in the case we do not receive money for the upcoming re-
nourishment. He would also like it added to the Beach Management Plan. Dr. Gillen is to write
a letter to the Brunswick Office, Coastal Resources Division of DNR requesting the City adds in
the Beach Management Plan a provision to add “fill in dune gaps if the City has an approaching
tropical system”.
Shawn Gillen approached Mayor and Council to present the Five Year CIP, Fiscal Year
2017 – 2018. Mayor Buelterman stated during the budget cycle it was decided by Mayor and Council to delay discussion regarding the Five Year CIP until such time information is received
regarding the health care plan for the staff, etc. Dr. Gillen stated he will present a new budget
amendment to Mayor and Council the first meeting October 2017. What is before Mayor and
Council are the changes per their request at the recent workshop. Ms. Doyle confirmed the
budget amendment will include the change in the cost of the proposed police vehicles. Dr.
Gillen confirmed and asked that the motion made tonight would include the cost adjustment on
the vehicles. Ms. Doyle stated this year she did receive a total cost of each police vehicle which will make it easy with the budget. She explained the Public Safety Committee unanimously
recommended two Ford Utility Vehicles which are very roomy and would need to add
approximately $8,000 to the budget. Mr. Major asked how this will affect the Fund Balance.
Ms. Hudson responded the Fund Balance is approximately $9M. Dr. Gillen requested the funding for the Command Center, $200,000, be moved to FY 2019 budget due to
communication failure due to Hurricane Irma. Ms. Doyle requested $41,740, for year one, be
added to the budget for body cameras which equips all police officers. An additional item would be in car camera for the police officers, $10,435, year one, and after year one it will be
included in the regular budget. Mr. Garbett recommended moving the Command Center to the
current budget and not wait until next budget cycle. Mayor Buelterman corrected an entry with
the Beach Related line item by adding $150,000 back in the budget as it is a State
reimbursement. Julie Livingston made a motion to approve the Five Year CIP, Fiscal Year
2017 – 2018 as amended to include: (1) add $200,000 to FY 2018 for the mobile
communications center; (2) add $42,000 for the in-car cameras; add $8,000 for the upgrade of
the police vehicles; and (3) the $300,000 for the City matching share of the Beach Re-
nourishment and reduce to $150,000. John Major seconded. Vote was unanimous, 6-0 to
approve. Discussion: Mayor Buelterman asked Ms. Hudson if there is money not allocated in
SPLOST. Ms. Hudson confirmed approximately $100,000. Dr. Gillen stated he will bring a budget amendment to the next meeting.
Julie Livingston made a motion to adjourn to Executive Session to discuss personnel,
litigation and real estate. Wanda Doyle seconded. Vote was unanimous, 6-0.
Julie Livingston made a motion to adjourn to Regular Session. Wanda Doyle seconded.
Vote was unanimous, 6-0. Monty Park made a motion to adjourn. Wanda Doyle seconded. Vote was unanimous, 6-0.
Meeting adjourned at 9:30 PM