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HomeMy Public PortalAbout20190711Minutes.docxCity Council Minutes, July 11, 2019 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on July 11, 2019. Those present were Julie Livingston, Monty Parks, John Branigin, Wanda Doyle, Barry Brown and Shirley Sessions. Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; Tracy O’Connell; George Shaw, Director, Community Development; and Janet LeViner, Clerk of Council. Mayor Buelterman listed the following items on the consent agenda: Minutes, City Council Meeting, June 13, 2019 Minutes, First Reading, Millage, June 20, 2019 Minutes, Second Reading, Millage, June 20, 2019 Minutes, City Council Meeting June 27, 2019 Approval of Equality Fest Parade 8-24-19 Taco Aloha, LLC dba Chamacos Tacos & Surf: Alcohol and Entertainment License Request- Liquor/Beer/Wine/Sunday Sales, 1311 Butler Ave Contract, Replacement of DPW Roof, Delta Metals, $29,000 Resolution:  Tybee Road Scenic Resolution:  Marsh Hen Trail Resolution:  Suspending Special Review and Fees for Dune Crossover Improvements. Mayor Buelterman asked Mr. Hughes to add language for clarification: “special review and all fees for dune crossover improvements”. Mr. Hughes confirmed. Resolution:  Distribution of the Tourism Product Development Portion of the Hotel/Motel Tax as Authorized by House Bill 591 Shawn Gillen:  Confirmation of Peter Gulbronson, City Engineer. Dr. Gillen stated in the packet before Mayor and Council is the Offer Letter and Executive Summary for Mr. Gulbronson who will be the new City Engineer and Director of Infrastructure. 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 of Allegiance Jan LeViner, Clerk, asked Councilwoman Doyle to approach Mayor and Council. Ms. Doyle introduced Senator Ben Watson who in turn asked Mayor Buelterman to come to the podium. Senator Watson stated Mayor Buelterman was nominated for an award for perseverance and it was awarded. Senator Watson read from the Nomination Letter which outlined Mayor Buelterman’s efforts that led Tybee Island through the recovery process from Hurricane Matthew. Mayor Buelterman thanked Senator Watson for the presentation and stated that he accepted the award on behalf of Council and Staff as everyone works as a team. Reports of Staff Alan Robertson approached Mayor and Council to give an updated on the applications for a National Fish and Wildlife Foundation Grant. They are running a $29M Coastal Resilience Program and the City submitted a pre-proposal and it was accepted. The next step is to submit a full proposal. The City is asking for a grant in the amount of $125,000 to do a study of the Back River. With this Study they will look at how to minimize risk of flooding on the Back River associated with high tides and storms and increase the habitat. The City should know in November if we have be awarded the Grant. Mayor Buelterman thanked Mr. Robertson. Alan Robertson then gave an update on the Dune Restoration Project. He stated the City Administrator from Edisto Beach visited the beach to learn how the City is building dunes. Mr. Robertson outlined events of the coming months which includes visits from NOAA and other organizations. He has also been asked to speak at the annual meeting of the American Shore and Beach Preservation Association. Mayor Buelterman asked Mr. Robertson when the bid opening is for the re-nourishment. He responded, August with a start date of November 2019. Mayor Buelterman thanked Mr. Robertson for all his hard work. Citizens to be Heard Kathryn Williams approached Mayor and Council to speak on the Humane Society for Greater Savannah to promote the Tybee Prom, July 27, 2019. Ms. Williams thanked everyone for their support with the upcoming Tybee Prom. Nicholas Smilek approached Mayor and Council to speak to the Beach Rules enforcement and protocol for violators. Mr. Smilek asked for clarification when reporting violations. Dr. Gillen responded a flyer has been created and is being placed in all hotels and short term rentals to make their guests aware of the rules and protocols. Ms. Doyle recommended Mr. Smilek meet with the City Manager to discuss his concerns. Dr. Gillen then touched on rules with service dogs as Mr. Smilek had questions. Mayor Buelterman thanked Mr. Smilek for his comments and concerns. Mack Kitchens approached Mayor and Council to discuss Short Term Vacation Rentals. Mr. Kitchens expressed his concerns with the short term vacation rentals and the lack of enforcement of the ordinances regarding noise and overall behavior of their guests. Mayor Buelterman thanked Mr. Kitchens for his comments. Tom Mahoney approached Mayor and Council on behalf of Burke’s Beach Rental, a local Tybee family owned beach rental business. Mr. Mahoney stated the Burke’s have four of the nine beach rental businesses on the Island. They are willing to work with Tybee if the ordinance is to be changed to share decades of information. Mr. Mahoney stated if anyone including Mayor and Council have questions, to please contract himself or the Burkes. Amy Gaster approached Mayor and Council to speak on Short Term Vacation Rentals. Ms. Gaster stated not only herself but others in the management business are working together to manager the visitors in the best way they can. A positive relationship is in place not only with the elected officials, Staff but with the community to enforce the ordinances. Ms. Gaster stated Tybee Island was founded as a vacation destination and it has grown through the hospitality of the residents. She is happy to discuss and concerns. Mayor Buelterman thanked Ms. Gaster. Keith Gay approached Mayor and Council to speak on Short Term Vacation Rentals. Mr. Gay stated everyone is working toward the same goal. Enjoyment in their lifestyle and where we live. A nuisance ordinance was created which will accommodate the concerns of everyone and generally speaking the guests come to the City to enjoy the Island and to be a part of the community. Mayor Buelterman thanked Mr. Gay. Henry Morgan approached Mayor and Council to speak on Short Term Vacation Rentals. Mr. Morgan stated he has owned a short term vacation rental for over six years and he provides a win-win service. He encourages all his neighbors if there is a problem with one of his guests, to contract him immediately so the problem can be addressed. Mayor Buelterman thanked Mr. Morgan. Kathryn Andrews approached Mayor and Council to speak on Short Term Vacation Rentals. Ms. Andrews stated she and her family own two short term vacation rentals. With these rentals she has a professional vacation management company as it is important to the peace of the neighborhood to include friendships with the neighbors in the community. As a homeowner, she cares about the community and wants to be a part of it. She also does not agree that the problems are solely those of short term vacation rentals as it could be anyone on the Island. Mayor Buelterman thanked Ms. Andrews. Frank Kelly approached Mayor and Council to speak on Short Term Vacation Rentals. Mr. Kelly expressed his concerns with the short terms rentals not having smoke detectors, fire extinguishers, CO2 detectors and first aid kits. If all rentals had these detectors the fire rating could go down. Mayor Buelterman thanked Mr. Kelly. Matt Toole approached Mayor and Council to speak on Short Term Vacation Rental. As an owner of several short term rentals he has Ms. Gastor managing the property and he is advocating for short term vacation rentals. Mayor Buelterman thanked Mr. Toole. Walt Freeman approached Mayor and Council to speak on Short Term Vacation Rentals. Mr. Freeman spoke to communities that have ban short term vacation rentals and the issues that have followed. Mayor Buelterman thanked Mr. Freeman for his comments. Mr. Parks stated he also attended the meetings held by the City of Savannah regarding short term vacation rentals and their policy is to have each property display their license number not only on the property but also on their advertisements. He recommended this be done at Tybee also as it may be a way to ensure all rentals are in compliance. Mayor Buelterman thanked Mr. Freeman for his comments. Jennifer Fountain approached Mayor and Council to speak on Short Term Vacation Rentals. As a real estate agent Ms. Fountain stated not everyone buying property on Tybee Island is doing it for a profit but many are for retirement homes. Mayor Buelterman thanked Ms. Fountain for her comments. Wanda Doyle made a motion to approve the consent agenda. John Branigin seconded. Vote was unanimous, 6-0. Council, Officials and City Attorney Considerations and Comments Bubba Hughes stated this is a request from Crista Rader to purchase a part of the r-o-w on Lullwater Road. Mr. Hughes did research on why the road had stopped as it was not clear to him. Department Heads have commented as to their recommendations as to whether Mayor and Council should move forward with the process. Mr. Kitchens approached Mayor and Council at Mr. Hughes request. It is his understanding the goal is to acquire enough sq ft in order to build a duplex on the property. Mr. Kitchens confirmed and stated Ms. Rader needs an additional 900 sq ft in order to build a duplex. A discussion ensure regarding the possible road through the property being open or closed. Mayor pro tem Brown stated the road has been opened for years as the residents use the road to go to the north end of the Island. Ms. Livingston stated she walked the property and in order to get to Naylor, you have to go through Ms. Rader’s property. There is also a utility easement on the property. Ms. Doyle confirmed there is a utility easement going through the property. Mr. Kitchens stated he had the property surveyed to mark the utilities. Mr. Hughes recommended he meet with Mr. Kitchens and Mr. Carpenter to walk the property to look at Lullwater and to see if they can get the sq ft needed so Ms. Rader can build a duplex. John Branigin gave a brief update on the recent meeting regarding Golf Carts. Mr. Branigin stated it was more of a working meeting. He feels the problem is people feel golf carts are toys. After speaking with Chief Bryson they are going to look at the feasibility of increasing the frequency of required golf cart inspections. Currently they are only inspected when registered. It is his preference it be done annually. Another option would be to have the owner present their insurance coverage at the time they obtain a parking sticker. Mr. Branigin stated another discussion included the individuals that own golf carts living on the east side of Butler Avenue as there are only three permitted areas golf carts can cross Butler Avenue. He asked the public to report any violations they might see regarding golf carts. By doing this, it will assist the Tybee Island Police Department. Mayor Buelterman thanked Mr. Branigin. Ms. Doyle stated the Public Safety Committee will discuss at their next meeting and at some point bring recommendations back to Mayor and Council. Mayor pro tem Brown recommended the registration fee for golf carts be raised from $15.00 to $50.00 to cover the man-hours of the police officers that inspect the carts. Mr. Hughes stated he will review the laws as to the charges that can be assessed as he feels there is a cap. Ms. Doyle thanked Mr. Hughes. Ms. Sessions asked if golf cart owners have to pay the same amount for parking decals as they would for a vehicle. Dr. Gillen stated a resident received $100 off the decal for a golf cart where a vehicle is complimentary. Ms. Livingston confirmed for a business it is $150.00. Mayor Buelterman asked Dr. Gillen to contact Chief Bryson regarding the number of citations issued for underage people and those without a license driving golf carts and bring back to Mayor and Council. He also asked the penalty. Dr. Gillen acknowledged. Mr. Hughes requested that any communications received in the Clerk’s Office regarding agenda items be attached to the minutes for the record. Mayor Buelterman confirmed. Wanda Doyle expressed her concerns with the Parking, Solomon/Van Horn at Meddin as it seems beach goers are parking in that area. She stated this area is used for residents such as Abby Burke to get in and out of her driveway. Ms. Doyle recommended that area continue to be used as green space and possibly plant trees there along with non-parking signs. Ms. Livingston recommended trees not be planted to the east of the Guard House as it is used for parking when there is a large event. Mayor pro tem Brown recommended putting no parking signs in the area. Mayor Buelterman stated he is in favor of planting trees as it helps with drainage and green space. There was a brief discussion regarding parking at the Light House. Mr. Hughes stated it was his understanding they were going to apply for a private parking and the spaces were not required to be delineated. When the obligations to mark the parking spaces they decided not to proceed. Ms. Doyle asked Dr. Gillen to check with the Historical Society regarding a parking lot. Wanda Doyle made a motion to make decal parking only in the Solomon/Van Horn green space and to contact Savannah Tree Foundation for assistance in planting trees. Shirley Sessions seconded. DISCUSSION: Mr. Parks expressed his concerns with the overflow parking from the Guard House and Jaycee Park in that area. Ms. Doyle stated with the way the trees are planted, people can park. Mr. Parks stated he will vote in favor of the motion if it is accompanied by a sketch at some future date that you supply to them that shows how they do this. Mayor Buelterman asked Ms. Doyle to amend her motion by removing reference to the planting of the trees. He then asked Ms. Sessions to accept the amendment. Ms. Doyle concurred as did Ms. Sessions. He then stated he will contact Savannah Tree Foundation to develop a plan for planting. Ms. Doyle concurred. Vote was unanimous to approve, 6-0. Wanda Doyle stated there was an agreement with Environmental Services in the past in regards to monitoring sand fencing and vegetation placed on the beach by the Beach Task Force. The attached Proposal is for $3,500 which will continue the monitoring for an additional year. Ms. Doyle stated there is money in the budget for this project. Mr. Parks asked Environmental Services could give a report to Mayor and Council at an upcoming City Council Meeting. Ms. Doyle confirmed. Julie Livingston stated a meeting was held regarding City Procedures and Licensing as it applies to Beach Rental Businesses. Her goal was to how to try and come up with a plan moving forward. Ms. Livingston read from the questions she received from the attendees of the meeting and shared the concerns of the current license holders. There are options: (1) leave everything the way it is; (2) allow to remain the same but increase the number of locations; (3) solicit bids on the current locations; and/or (4) solicit bids on the current locations and additional locations. The questions remains if the City has jurisdiction. Mr. Hughes confirmed the City does have jurisdiction and there is no State law requirement that this unique situation have bidding. He continued, the City needs to continue to protect the public from someone who is not capable of providing the service, not sufficient chairs and umbrellas. You need qualified people to provide the service. Mr. Hughes stated the City of Tybee owns the beach from the seawall to the mean high water level and has since the first re-nourishment in the 1970’s. This is between the two groins. Ms. Doyle expressed her concerns regarding the meeting that was held as it was not her understanding as discussed at the previous City Council Meeting. She recommended in the future, a motion be made so everyone is clear procedurally how to move forward. Ms. Doyle stated the license holders are public servants as they pick up trash, racking the wrack away from beach goers and give directions to visitors. She would like to see City Manager, Staff and Ms. Livingston meet with the stakeholders, individually or collectively, then make the decision on how to move forward. Ms. Livingston responded a decision needs to be made on how to move forward. Ms. Session asked if the reasoning behind these meetings if to (1) open this up for people to bid on and (2) concerned the City is not receiving revenue other than that of the business license. She also believes the current license holders should have first right of refusal on the current locations. Ms. Doyle stated she is not opposed to looking at the ordinance and possible changes but not until Dr. Gillen, Ms. Livingston and appropriate Staff meet with the stakeholders. She is not in favor of putting the locations out to bid. Mayor Buelterman confirmed a meeting take place and bring recommendations back to Mayor and Council. Ms. Livingston confirmed. Mr. Parks stated the City can add weights factors when there is a Request for Proposal which includes public service, etc. This levels the playing field for the current license holders. Mr. Branigin stated as long as there is no proposed change to the ordinance this remains business as it is today. There needs to be recommendations to the ordinance. Wanda Doyle made a motion that Dr. Gillen and Staff to meet with the stakeholders before Mayor and Council move forward. Shirley Sessions seconded. Discussion: Mr. Parks stated he would like surveys done. Ms. Doyle responded the surveys are a good idea as well as his requested spreadsheet. Voting in favor were Julie Livingston, John Branigin, Wanda Doyle and Barry Brown. Those voting against were Monty Parks and Shirley Sessions. Motion to approve, 4-2. Discussion: Mr. Hughes stated it might be hard to have a meeting where the stakeholders are expected to discuss their business. He would recommend there be a meeting that does not involve elected officials. In this way the stakeholders can protect their business matters. Mayor Buelterman clarified, there will be a meeting held, no elected officials will be in attendance, Dr. Gillen will reach out to those who are current license holders and meet. The meeting will be public. Monty Parks made a motion to get a quote on surveying the areas on the beach. Barry Brown seconded. Discussion: Mayor Buelterman asked Mr. Parks asked for clarification. Mr. Parks responded he would like quotes from a qualified surveyors on defining and marking the boundaries of the properties that are currently held by license holders that are listed. Voting in favor were Julie Livingston, Monty