HomeMy Public PortalAboutCC Agenda Packet 09092010
2010812Minutes prepared 9/3/2010vwPage 1 of 11 20100812 City Council Minutes Mayor Jason Buelterman called the Consent Agenda meeting to order on August 8, 2010 at 6:30pm. Council members
present were Mayor pro tem Shirley Sessions, Wanda Doyle, Bill Garbett, Frank Schuman, Kathryn Williams and Paul Wolff. Also present were City Attorney Bubba Hughes, City Manager Diane
Schleicher and Zoning Manager Jonathan Lynn. Mayor Buelterman listed the following items on the Consent Agenda: 6/24/2010 City Council Minutes w/corrections Appointment of James P. Locklear
to the Community Resource Committee Council Approval and support of the City of Tybee Island Shore Protection Permit application to DNR for locating four (4) volleyball courts on the
beach between 16th and 18th Street crossovers. Special Event 3 day Alcohol permit for Beer/Wine, Applicant Tybee Island Tourism Bureau, Inc. dba Tybee Fest for October 8, 9 and 10th.
Alcohol License application for Beer, Wine, Liquor, Sunday Sales and Entertainment for PJ’s Spirits LLC. Dba Seagrass Saloon & Grille, 725 First Street. Contract for Georgia DNR to provide
drinking water testing and related services for Chemical & Coliform-3 annual payments of $8,910 Line Item #505-4410-52-1310. Proposed Capital Improvement Plan for FY 2011 Mr. Wolff asked
why 4 volleyball courts were needed on the beach. His concern was people not using that part of the beach because of being cramped up at high tide. Mayor Buelterman said he is down there
a lot and they are in use all the time. Ms. Schleicher said the permit gives us flexibility when our beach changes. Ms. Williams asked if the volleyball court locations were selected
because of the Last Song. Ms. Schleicher said yes and also because that is kind of our business district area. She said that was also where they had the professional tournament and all.
Mr. Wolff asked how often the DNR testing of drinking water will be conducted for the $8,900. Ms. Schleicher said she did not know and she wished he would have asked her last week. Mr.
Mr. Wolff said he read the contract and assumes it will be what we need. Ms. Schleicher said it is the state contract according to the state requirements. Mr. Schuman said he had talked
with Interim Chief Bryson about the Golf Carts registered on Tybee and Bryson said there have been no problems at all. He said there had been a few problems with some of the buggies
and all. Ms. Doyle said this ordinance started at the public safety committee and needs to go back to the public safety committee. Mr. Schuman said there is no difference between the
Golf Carts registered on Tybee and the carts that Charlie Brewer rents out. They all have lights on them and everything is legal. Ms. Doyle said there is nothing in the ordinance about
running them at night and so it needs to go back to the public safety committee. Mayor Buelterman City Council Packet 09/09/2010 Page 1 of 111
2010812Minutes prepared 9/3/2010vwPage 2 of 11 confirmed that Mr. Schuman was requesting to have the ordinance changed to allow them to run at night. Mr. Schuman said he had talked with
Jimmy Price about this and Price said if you can get the Golf Carts allowed you should just go for running them at night. Schuman said no one seems to have a problem. Ms. Williams said
regarding public safety and the issue she had e-mailed about, Jones Avenue and the bikes and signage and asked if it had been discussed at public safety. Ms. Doyle said the committee
had talked about Jones and the bicycles and truck traffic. She said Interim Chief Bryson was going to have his guys take a look at it over the next four weeks and bring it back and put
it on the agenda to discuss again. Ms. Doyle said signs as far as bicycles go were tried years ago and there were a lot of complaints about the signage being on there regarding no bicycles.
Ms. Williams said a good bit of the problem before was that it was illegal to ride a bike on Jones. She said most of the people she notices are visitors to the island and they may not
be aware that 2nd Ave. is dedicated and much safer for bikes. She said she is not asking for an ordinance but is suggesting they use signs to educate people. She said little kids will
be a whole lot safer a block over. Mr. Wolff suggested a sign saying bike trail one block over or east or something like that. He said it would be helpful to let the people know there
is a lot safer route than Jones. Ms. Doyle said they will put that item back on the public safety agenda and discuss the signs directing them over to 2nd. Mayor Buelterman asked Ms.
Schleicher what the procedure was for getting projects going that are on the Capital Improvement Plan. Ms. Schleicher said a priority is the McKensie Project and she would like to contact
the engineer to start talking to DOT about getting a permit for that. Ms. Schleicher said she would like to use the same engineering firm that did the study because they have already
made contact with DOT. Mayor Buelterman closed the Consent Agenda. Mayor Buelterman called the regular City Council meeting to order at 7:00pm on Thursday, August 12, 2010. Those present
at the consent agenda were also in attendance for the regular meeting. Denise Woodard gave the Invocation and everyone recited the Pledge of Allegiance to the Flag. Recognitions and
Proclamations Mayor Buelterman presented a Plaque and Letter of Commendation to Les “Sarge” White for apprehending a burglary suspect @Beachside Colony and detaining him until officers
arrived. Citizens to be Heard Bill Cannon representing Tybee Beautification announced adopt a highway for Saturday, August 21st at 8:00am at the Tybee Sign. He also announced that the
committee was soliciting sponsors for their always popular Beach Sweep T-Shirts. He said contact any City Council Packet 09/09/2010 Page 2 of 111
2010812Minutes prepared 9/3/2010vwPage 3 of 11 TBA member for information. He thanked Mayor, Council and Staff for their continued support. Betty Ann Brooks was not present to make her
request for speed bumps at various locations on the Island. Consideration of Local Requests & Applications-Funding, Special Events, Alcohol License New Water and Sewer Rates-Recommended
by Infrastructure Committee. Mr. Wolff said this item came from staff because there is a $200,000 plus hole in the water/sewer budget that we should have plugged by going to the 2nd
or 3rd tier of the water rates that were implemented a couple of years ago by the last council. Mr. Wolff said 20% of the people on the island are using half of the water. He said 80%
of the people on the island will be minimally affected if these rates are implemented. He explained to be truly a conservation tiered rate, the top tier should be double the bottom tier.
He said the rates adopted in January 2009 do not encourage water conservation. He said the last council said instead of going right to the top tier, why don’t we phase it in over time?
The idea was to start at the January 1, 2009 rate, review it again before July and go to the next tier and then again on January 1st of this year and if we hadn’t become revenue neutral
we would go to the next tier. Ms. Schleicher said $245,000 is the unauddite loss at this point. Mr. Wolff said anyone using 3,000 gallons a month or less will be totally unaffected by
this increase and that’s a good percentage of the island. Ms. Doyle asked if the consumption was more or less or about the same as it was when we started the tiered rate system. Mr.
Wolff said it was about the same. Ms. Doyle asked if he thought that increase would stop the 20% of people who are going to use their water regardless. Mr. Wolff said if we go to the
January 1, 2010 rates that are proposed here, that will go a long way towards plugging up the $245,000 hole in their budget. Ms. Schleicher said there are two issues here, one is conservation
and the other is money. She said staff recommended the infrastructure committee approve the proposed rates to shore up the financial gap and then in the meantime the committee could
recommend to council, to look at what measures could be taken to encourage conservation and they could spend 6 months to a year to do that. She said they need to take care of the financial
part first because the city is getting close to crisis mode. Ms. Williams asked that Mr. Hughes or Ms. Schleicher explain how the city is not supposed to subsidize the enterprise fund.
Ms. Schleicher said enterprise funds are supposed to be self supporting and council should be setting rates so that they are. She said some of the bonds that we have taken out in the
past are self supporting and our auditors look at that to make sure we comply. Mayor Buelterman said they held discussions before in order to help people understand. He said he doesn’t
think it would hurt anything if they had a chart on the screen for people to view, explaining this a little bit better, maybe visually. Ms. Doyle said a hotel has to pay the base rate
on unoccupied rooms and she feels that is unfair even though they chose to have a hotel. She asked if there was an adjustment that could be made in the base rate for hotels. Mr. Wolff
explained that it was important to have the base rates as they are in order to be able to provide the same level of service to the businesses in the off season rather or not they are
occupied. Mr. Garbett asked for a little bit more public City Council Packet 09/09/2010 Page 3 of 111
2010812Minutes prepared 9/3/2010vwPage 4 of 11 input. He said he knows they are not generating the funds to cover the water and sewer system and they are obligated to do so. He thinks
they could use a little more explanation. He suggested calling a public hearing soon. Mayor Buelterman said he doesn’t know if they need a special meeting. He thinks they could put it
on the agenda two weeks from now. Ms. Sessions said she agreed with everything having come from the days when we were subsidizing funds and getting findings at every audit. She asked
when the last time this was written up in the audit was. Ms. Schleicher said the last time. Ms. Sessions said this is another example of the citizens not knowing why council is having
to take steps like these. How it impacts them personally and the island as a whole and not just showing a visual. She said keep in mind that not everyone watches these meetings. She
said maybe having a brochure or something and constantly trying to find ways to reach out to people in a succinct manner while council is trying to make these types of decisions. She
asked who was on the infrastructure committee. Mayor Buelterman said Williams, Wolff, Garbett and Brown with staff acting in a support role. Sessions asked who on staff. Ms. Schleicher
said the Water Sewer Director, DPW Director, Finance Director, Community Development Director and the City Manager. Mayor Buelterman asked where the $245,000 will come from. Ms. Schleicher
said the undesignated fund balance. Buelterman asked if that was what happened last year and how much it was. Schleicher said yes but she didn’t know the amount off of the top of her
head. Sessions said maybe looking at a different approach on how we do the education process. Williams said the council realizes what steps are taken to conserve financial resources
for water and sewer such as doing repairs in house instead of hiring contractors. She said she gets compliments from the public all the time on how courteous and efficient our water
sewer department personnel are. Mr. Schuman asked if vacant houses and condos are charged a monthly fee. Schleicher said a base fee. Mayor Buelterman asked if this item was going to
be heard at the next meeting. Schleicher said yes. Consideration of Approval of Consent Agenda A Motion by Paul Wolff to approve the Consent Agenda was seconded by Kathryn Williams.
The vote was unanimous. Public Hearing-Zoning Packet Separate Mayor Buelterman opened the public hearing Side Yard Setback Variance, 1514 Second Avenue (4-0008-08-002, LDC Section 3-090,
Applicant: Lori Golterman. Mr. Lynn explained the request and said this is a residential unit in the R-2 Zoning District. He said the request is to reduce the side yard setback to seven
feet to install a protective cover over a recently installed heating and air system. Mr. Wolff said he would consider it if they would build a peaked roof with no reflective shingles,
that didn’t extend any farther than the stand on which the unit sits. Ms. Williams said there is plenty of room on the other side of the house to have set this ac unit without City Council
Packet 09/09/2010 Page 4 of 111
2010812Minutes prepared 9/3/2010vwPage 5 of 11 infringing on the setback. Mr. Lynn asked the homeowners about that and their response was they wanted to save that portion of the lot
in case they wanted to expand their house. Mr. Garbett said he understood that the ac unit was not a part of the structure and that it was allowed within the setback. Mr. Hughes said
he thinks the ac unit itself is required to be outside of the setback. He said the definition for setback doesn’t exempt it and there is no provision as there is for the height issue
about serving the interior for Chimneys and Elevator Shafts. He said he believes it would meet the definition of structure. He said the issue here is moot because the ac unit was replacing
one that was already there and would have been grandfathered and the petitioner could have fixed it as a non conforming use. He said he would like for City Council to address this issue
before another request like this comes. Mayor Buelterman asked if anyone had talked with the petitioner about why they wanted this. Mr. Lynn said the petitioner said they wanted to provide
protection from the elements for their ac unit. Mayor Buelterman closed the public hearing. A Motion by Kathryn Williams to deny was seconded by Bill Garbett. The vote was Williams,
Garbett, Schuman and Wolff in favor of denial and Doyle and Sessions opposed. Side Yard Setback Variance, 1310 Bay St. (4-0022-02-006), LDC Section 3-090 Applicant Barry Brown for Owners:
Gary and Elizabeth Wisener. Mayor Buelterman opened the public hearing. Mr. Lynn said this property is zoned R-1 and is currently a single family residential unit and the Master Plan
shows the character as part of the Historical Battery Neighborhood. He said they are requesting a reduction in the side yard setback. He said currently there is a house at 1310 Bay Street
that sits in the middle of two lots of record. He said the homeowner is proposing to take the house and move it to one of the single lots of record in order to clear up space on the
other lot to allow for a Tybee Cottage if one becomes available to move there. He said there is a porch on the structure that will require a setback reduction of eleven feet in the rear
yard and six feet on the side yard if the house is moved. He said R-1 required the setbacks to be twenty on the rear, ten on each side and twenty on the front. Mr. Brown said the biggest
problem they have is a set of steps on the left hand side of the house. He said those steps will be removed and replaced with wood to reconstruct the original cottage look. He said the
hardship is they have a 32’.6” house and are trying to push it into a 30’ hole. He said in order to save this cottage they need variances on the side yard and the front yard. He said
they are trying to move the house back to allow for a twenty foot setback in the front and its creating a need for a variance in the back. He said the owner wants to be able to save
this cottage and open up lot #7 to allow for a cottage to be placed there if one should come available. He said this would be instead of placing a two story structure on the open lot
and being out of character with the surrounding one story structures. Mayor Buelterman asked if the existing cottage was an historical structure. Mr. Chambers speaking as a private citizen
said he didn’t want his comments in support of this project to be inferred as being disrespectful or in City Council Packet 09/09/2010 Page 5 of 111
2010812Minutes prepared 9/3/2010vwPage 6 of 11 disagreement with the Planning Commission. He said he does not support variances in general but the ones he has supported have been related
to saving Tybee Cottages. He said this particular request has the potential not to save just one sixty year old Tybee Cottage, which is the baseline for historical but this has the potential
to save two Tybee Cottages because the property owner has committed to moving a second Tybee Cottage there. He said he has been involved with moving Tybee Cottages all over this island
and one of the challenges now is finding available lots to move these historic cottages to and very often it’s a move or lose situation. He said it is an historic structure and merits
that extra consideration. Mr. Wolff said he is concerned about the neighbors; there have already been complaints about this being a rental house. He said he would be more likely to grant
a variance if Mr. Wisener would be willing to push the house towards his other lot instead of towards the neighbor. He said that way only the two properties that he owns would be impacted.
He would like to see this moved towards the front which would not affect anyone. Mr. Brown said there was discussion at the Planning Commission meeting about moving the stairs under
the front porch. He said he is willing to remove the steps on the side and put them at the front door if that will work with the FEMA Code. Mayor Buelterman said council could put that
as a contingency on an approval. Ms. Williams asked Mr. Brown to restate exactly what he would be asking for in terms of variances if the steps were removed. Mr. Brown said the setbacks
would be about eight feet on the sides and nine feet in the back. Ms. Williams said she received a letter from an elderly neighbor concerned about the impact on her property and she
hopes the owner will be mindful of that if this project is approved. Mr. Brown said the owner is mindful of all of the neighbors concerns. Mr. Herman Peavy said he lives right behind
the lot. He said he has no objections to the side setbacks that wouldn’t affect him but when you start moving that house back and you get within eleven feet of the line, it would be
sitting right on me. He asked if this property was on city sewerage or spectic. Mr. Brown said city sewerage. Mr. Peavy said if they move the steps to the front they will need a boat
to get in the house when it rains. Mr. Lynn said the owners are required to submit a drainage plan to be approved before the project is permitted. Mr. Peavy said there is a large old
tree on the back property line and he asked if it was going to be removed. Mr. Brown said it’s a protected oak tree and you couldn’t touch it if you were Obama. Ms. Doyle asked Mr. Brown
about shifting the house towards the front. Mr. Brown said it would be fine with him. Mr. Lynn suggested reducing the front yard setback to sixteen and the back yard setback to fifteen,
creating a middle ground. Ms. Sessions asked Mr. Peavy to call the city if he notices suds in the yard again. Ms. Williams referred to the code stating a sub standard lot of record can
only be built upon if its single family and meets the front, side and rear setbacks. She asked Mr. Hughes for his opinion. Mr. Hughes said they have been dealing with that for a long
time and its one of the sections in the proposed article that would be changed or clarified. He said a substandard lot of record can only be used for single family home but the right
to request a variance still exists. He said at least one superior court judge believes that the substandard lot of record may be the hardship for a variance to be granted. A next door
neighbor said his only concern is that this is a rental cottage and there are noise concerns. Mr. Brown said he doesn’t know about this issue but he asked if the neighbor knew how many
police reports had been written to verify the fact that he has had complaints against the people living in the house. Mr. Garbett asked Mr. Brown to show where the property line would
be. Mr. Brown said he thinks the City Council Packet 09/09/2010 Page 6 of 111
2010812Minutes prepared 9/3/2010vwPage 7 of 11 property line is between the pine trees and the house to the right and approximately fifty feet from the property line. Mr. Garbett asked
how close those homes would be. Mr. Brown said he would guess the neighbor has a ten foot setback but he doesn’t know. He said you would still be looking at eighteen feet between them
if a two foot variance was granted. Mr. Schuman asked if Mr. Brown could move the houses closer together and away from the rear and side yard setbacks. Mr. Brown said his intention is
that the other house to go into the lot would meet the current setbacks and the houses would be side by side. Mayor Buelterman closed the public hearing. A Motion by Wanda Doyle to approve
a five foot variance on the front, five in the back and two on each side with the contingency that the stairs be placed in the front left portion of the home was seconded by Paul Wolff.
Mr. Wolff asked for an amendment to give the petitioner a five foot variance on the front and a four and one half foot variance on the back in order to get him farther away from Mr.
Peavy and eight foot setbacks on the sides exclusive of the chimney and make it contingent on moving the stairs to the front of the house. Mr. Lynn clarified the exact variances as a
ten foot side yard setback with no variance on the west side and a four foot variance on the east side, a four foot variance on the back and a five foot variance in the front. Mayor
Buelterman said, also there would be a contingency requiring the stairs to be moved to the front of the house. Ms. Doyle withdrew her motion and Mr. Wolff withdrew his second in order
to allow Mr. Brown to speak. Mayor Buelterman reopened the public hearing. Mr. Brown said as long as the math adds up he is fine with it. Mr. Lynn said if you subtract all the setbacks
you would still have thirty six feet for the thirty two foot house. Mr. Brown agreed. Mayor Buelterman closed the public hearing. Mayor Buelterman clarified a four foot variance on the
east side, four feet in the back and five feet in the front and a contingency for the stairs to be moved to the front A Motion by Wanda Doyle to approve the variances as just stated
by Mayor Buelterman was seconded by Paul Wolff. The vote was Doyle, Wolff, Garbett and Sessions in favor and Schuman and Williams opposed. Updating Land Development Code Article 5, Section
5-090(F), Compliance with ordinances dealing with applications for “after the fact” variances. Mayor Buelterman opened the public hearing. Mr. Lynn explained that this amendment would
allow applicants to apply for a variance however the applicant would still have to show how the variance was created, when it was created and who created it. He said the planning Commission
recommended the last City Council Packet 09/09/2010 Page 7 of 111
2010812Minutes prepared 9/3/2010vwPage 8 of 11 sentence be changed from “ no variance may be granted which retroactively excuses a prior violation” to “A variance that’s granted under
this ordinance does not excuse prior violations including those that resulted in enforcement action by the City of Tybee Island”. Mayor Buelterman asked Mr. Hughes if he was comfortable
with the wording recommended by the Planning Commission. Mr. Hughes said yes and added another suggestion for the last sentence “or may result in enforcement action” rather than it has
resulted in. He said the point was to allow a variance but not to excuse the existing violation that occurred and depending on the violation that occurred, the city could still take
action to seek a penalty for the violation of the zoning code. He read the ordinance as it should be worded “A Variance that is granted under this ordinance does not excuse prior violations
including those that have resulted or may result in enforcement action by the City of Tybee Island”. He said the point is to keep the penalty option open even if the variance is granted.
Mayor Buelterman closed the public hearing. A Motion by Paul Wolff to approve the suggested changes was seconded by Wanda Doyle. Mr. Garbett asked Mr. Hughes if this change is truly
needed. Mr. Hughes said he thinks the text as it now exists does not permit someone to file or even request a variance to structures that are non compliant. He said that has always caused
him concern because there should always be the opportunity to at least ask with an explanation of how it got there. The reason it was put in was because a lot of people were asking for
forgiveness instead of permission many years ago when building was going strong and that may happen again in the future. He said another thing that has not really come up in this context
is how that section applies to a non conforming structure now. He said our ordinance does not permit you to ask for a variance and we have non conforming properties that frequently request
variances and those two ordinances in his opinion are inconsistent with each other. He said this would eliminate that problem. Ms. Williams asked if they pass this will there be any
kind of criteria or will it be totally subjective every time someone comes before council. Mr. Hughes said nothing changes as far as what the criteria is for granting a variance whether
it is before the fact or after the fact. He said this only permits the application to be filed and in the event where there is an existing non conformity, how it was created. Ms. Sessions
said Chuck Bargeron brought the existing ordinance to them in 2004 and she asked Mr. Hughes if he helped write it then and if he thought it was a good thing then, why that opinion changed.
What happened to change it? Mr. Hughes said as he recalls he did not like it then and had prepared two options with one being the way it is currently on the books and one that this one
was created from. He said he thought then as he thinks now that someone should have the right right to apply. He said the council at the time was pretty well fed up with people asking
for forgiveness after the fact instead of permission in advance and preferred what they considered to be a stronger measure. Mayor Buelterman said several years ago the city had a brochure
that explained what you could and could not do as far as zoning was concerned. It was easy to understand. Mr. Lynn said we do have a guide to permitting which is available at city hall
and on the website. City Council Packet 09/09/2010 Page 8 of 111
2010812Minutes prepared 9/3/2010vwPage 9 of 11 And the vote was Wolff, Doyle, Schuman, Sessions and Williams in favor and Garbett opposed. Front Yard Setback Variance, 1403 Solomon Ave.
PIN 4-0022-01-325, Zone R-2, Steve Day, petitioner. Mayor Buelterman opened the public hearing. Mr. Lynn explained that Mayor and Council tabled this petition when it came up at the
first meeting in July. He said this property is foreclosed and the bank came to council requesting a variance which prompted the change in the text of the ordinance. He said it was determined
that the builder had built the stairs eighteen inches into the front yard setback. He said because of the cost involved to remove the stairs and piers the bank wanted to request a variance
to address a problem they didn’t create and allow them to sell the property. Mr. Ron Weller from BB&T said he handled the foreclosure on this property. He said the bank financed this
property but was not the builder, developer or general contractor. He said the borrower defaulted on the loan and the bank inherited the property by foreclosure. He said at the time
they foreclosed they lost approximately $200,000. At the time of foreclosure the property was 100% completed on the exterior and was not complete on the inside. They spent another $100,000
completing the inside in order to get it ready to sell. They requested a Certificate of Occupancy which requires an as built survey and at that time they discovered that the property
was somewhere between twelve and eighteen inches inside the front setback. He said they want a C/O so that they can sell the property and get a homeowner down here that will pay property
taxes to Tybee. Mayor Buelterman closed the public hearing. A Motion by Wanda Doyle to approve was seconded by Kathryn Williams. Mr. Wolff said he was contacted by a builder who resented
that council was using this petition as a spark for considering requiring survey’s for foundations which would save a lot of money in the long run. He said it’s been pointed out to him
that the bank was
a willing partner to this building. He said they have a shared responsibility to make sure the house was built to legal standards. And the vote was Doyle, Williams, Schuman and Sessions
in favor and Garbett and Wolff opposed. Ms. Williams asked if it was the City’s responsibility to go out and measure and determine if the house is built and the pillars are within the
building footprint or is it on the owner, the contractor or is it a situation where if they don’t get that survey then they assume that responsibility. Mr. Lynn said that responsibility
falls to the developer or property owner. He said that in the past the city has had someone go out and pull a string City Council Packet 09/09/2010 Page 9 of 111
2010812Minutes prepared 9/3/2010vwPage 10 of 11 but the city does not have anyone on staff that is a licensed surveyor. He said the city depends on the asbuilt to tell them where the
piers are. Mayor Buelterman asked if there was a plan to add things to the acceptable variances in order to address Historical Structures. He said the Planning Commission did an excellent
job on staying within the codes concerning the historical property that was discussed earlier. He thinks it would be easier for Planning Commission to grant exceptions if there was some
language in the ordinance to address the preservation of historic properties. Mr. Lynn said that would be a part of Article 5 and they haven’t looked at Article 5 yet. Mayor Buelterman
called for a short break. Mayor Buelterman called the meeting back to order. Consideration of Ordinances, Resolutions 1st Reading to Create Section 66-185 regarding use of Parking Decals
and limitations thereon for the City of Tybee Island. Mayor Buelterman allowed Steve Smith to to speak because of a misunderstanding of the rules as explained earlier in the meeting.
Mr. Steve Smith said he and his wife live on 14th Street and they own Smith Tile Installation Service. He said after the council meeting last month he agreed to move one of his trailers
off of the city streets and he did. He said his other trailer is used for his business and is not a recreational vehicle or a storage unit. He said all of their vehicles are registered
on Tybee and taxed accordingly and they have had no restrictions for the last fifteen years. He said he will purchase a sticker for the trailer but he doesn’t understand the purpose
of having to move his trailer from one spot to another spot every twenty four hours. he said these are not storage trailers but he uses them to make his living. Mayor Buelterman asked
where this proposal had originated. Mr. Garbett said part of it came from the parking committee and part of it came from staff. He said it was obvious that people were using trailers
to store items, take the t-shirt shop for example. He said Mr. Smith is taking up two valuable parking spaces in the prime season and it seemed we wanted to use these spots for visitors
at all the right parking locations. Mayor Buelterman asked if it was recommended by the parking committee. Mr. Garbett said yes. Mr. Lynn said they also tweaked it to have the twenty
four hours in place from St. Patrick’s Day through Labor Day in order to make this consistent with our private parking lot ordinance. Ms. Doyle asked if this could be amended to apply
to weekends and holidays instead of the blanket St. Patrick’s Day through Labor Day. She said there are two parts to this ordinance and the second part of it is that no automobile or
vehicle may be parked by use of a decal, in a parking spot continuously in excess of seven consecutive days. Ms. Williams asked to further amend the ordinance to read “Decals applied
to trailers, recreational vehicles and boat trailers may not be used to authorize parking for more than twenty four hours in one parking space from St. Patrick’s Day to Labor Day” and
then add a second sentence saying “commercial trucks and commercial vans with parking City Council Packet 09/09/2010 Page 10 of 111
2010812Minutes prepared 9/3/2010vwPage 11 of 11 decals may not occupy a parking space for more than twenty four hours on weekends and holidays”. Mr. Schuman said he can’t see robbing
the residents to cater to the tourists. He said if you live on Tybee and pay taxes on Tybee and spend money on Tybee, you should have a place to park your truck and trailer in a designated
parking area. Mr. Wolff said at the beginning of the second paragraph where it says “not withstanding in either provision of the code decals apply to trailers, recreational vehicles,
commercial trucks and vans of any type, and boat trailers may not be used to authorize parking. This way it excludes any kind of van including SUV’s. Mayor Buelterman and council agreed
to send this back to the parking committee with the understanding that the committee is going to look carefully at not impacting Tybee owned businesses. 1st Reading on the ordinance
to amend the code of ordinances Section 70-43, Bill adjustment for water leakage and special circumstances. Mr. Hughes said this removes the break given for swimming pools. Ms. Schleicher
said the EPD mandates that when you empty your swimming pool it has to go into the sewer system to be treated so why wouldn’t we charge a sewer charge for that service. A Motion by Paul
Wolff to approve was seconded by Kathryn Williams. Ms. Schleicher said it is illegal to drain a pool into a storm sewer. Ms. Williams asked the meaning of the terminology in the last
paragraph saying situations where water accidentally floods the premises. Mr. Hughes said that is in the current ordinance and he didn’t change that part at all. Ms. Williams asked for
an amendment to the motion to strike situations where water accidentally floods the premises. An amendment to the motion by Paul Wolff to say “the city shall have the right to adjust
water and sewer bills in case of water leakage and special circumstances such as breaks in the water line”. And strike situations where water accidentally floods the premises, etc. Kathryn
Williams Williams seconded the amended motion. The vote was unanimous. Executive Session A Motion by Paul Wolff to go into Executive Session to discuss Litigation, Personnel and Real
Estate Acquisition was seconded by Kathryn Williams. The vote was unanimous. A Motion by Paul Wolff to end Executive Session was seconded by Kathryn Williams. the vote was unanimous.
Adjournment A Motion by Paul Wolff to adjourn was seconded by Wanda Doyle. The vote was unanimous. City Council Packet 09/09/2010 Page 11 of 111
DRAFT Draft Minute prepared 08/30/10dw Page 1 of 19 20100826 City Council Minutes Mayor pro tem Shirley Sessions called the Consent Agenda meeting to order at 6:30pm on Thursday, August
26, 2010. Council Members present were Wanda Doyle, Bill Garbett, Frank Schuman, Sr., Kathryn Williams and Paul Wolff. Also present were City Attorney Bubba Hughes, City Manager Diane
Schleicher and Zoning Director Jonathan Lynn. Mayor pro tem Sessions listed the following items on the Consent Agenda: 5/27/2010 City Council Minutes 7/08/2010 City Council Minutes LexisNexis
Non-FCRA Annual Application & Agreement for Government Agencies: Monthly Fee of $135-Parking $185-Police Budget Line # 100-1535-52-1300 Ms. Schleicher stated this would help with background
checks and other things with the police department and help collect parking fines so it would actually end up paying for itself. HGBD (BRW Construction) Change Order #2 for Butler Ave.
Crosswalk Improvements $4,654.95 Budget Line #100-7570-54-1420 Ms. Schleicher stated this change order was not with HGBD but actually with BRW Construction. Kathryn Williams commented
she has had a number of people commend the City on the crosswalks improvements and are very appreciative of the efforts the City has put in to improving public safety. She extended kudos
to the staff. Action Items List Corps of Engineers Letter-Extension of Tybee’s Beach Erosion Control Project Mayor Buelterman stated this really didn’t need to be on the Consent Agenda
as he had just received it and want it to be noted in the minutes. This is for a fifty year extension. City Attorney Bubba Hughes asked for the Application for Alcohol License for the
North Beach Grill not to be placed on the Consent Agenda, but considered at the regular meeting due to the fact Kathryn Williams would recuse herself and the Consent requires an unanimous
vote. Mayor pro tem Sessions adjourned the Consent Agenda. Executive Session City Council Packet 09/09/2010 Page 12 of 111
DRAFT Draft Minute prepared 08/30/10dw Page 2 of 19 A Motion by Paul Wolff to go into Executive Session to discuss Litigation and Personnel was seconded by Wanda Doyle. The vote was
unanimous. A Motion by Kathryn Williams to end Executive Session was seconded by Paul Wolff. The vote was unanimous. Mayor Buelterman arrived late and called the regular meeting of the
City Council to order at 7:05pm. Those present at the Consent Agenda were also in attendance for the regular meeting. Hillary Brodofsky gave the invocation and everyone recited the Pledge
of Allegiance to the Flag. Reports of Staff, Boards, Standing Committees and/or Invited Guest Quarterly Reports: Vivian Woods, Clerk of Council said the City Clerk’s office is invisible
to most people and stated the office manages paper and records for the city instead of people and it is a complicated process that not everyone in the City is aware of. If you need history,
open records or anything of that nature you would come to the Clerk’s office. Ms. Woods gave a brief summary of the activities of the Department and Mayor and Council. She stated this
quarter had thirteen meetings in the quarter consisting of, six regular council meetings, four budget work sessions, two budget hearings and one quarterly work session. Agendas, synopsis,
minutes, and packets were prepared for those. Ms. Woods stated the she had processed registrations and travel arrangements for conferences and training classes for Mayor and Council
as well as assisted them in the arrangements for the Guardhouse Dedication to Eddie Crone they hosted. She stated she has processed documents from research required by council and processed
open records request from citizens as well as research, request on council decisions, copies of ordinances, etc. She is in the process of attending the Georgia Records Association Certificate
Program to earn her certification in Records Management. She is continuing work on organizing the Minute Books. She is also updating the Council Appointed Committee listing and should
be available shortly on the website for everyone’s accessibility to contact information and their terms. She attends records conferences and clerk classes to be more diligent in her
position. She also researches other municipalities on their agendas to make sure ours is as informative to the Council and citizens as the others are and makes changes as needed. Mayor
Buelterman expressed appreciation for having the packets made available to the Citizens on the website so if they are inclined to they can see the same information council does. Shirley
Sessions stated we also need to thank Ms. Woods’ assistant. Ms. Woods replied absolutely, my assistant is Denise Woodard and she works diligently in her job. Joe Wilson presented the
DPW report. He stated projects worked on during the quarter were; rebuilding the Tenth Street crossover, Fifth Ave drainage problems, Ninth, Eleven and Thirteenth Avenues, which are
in the dune drain fields, doing some catch basin work and pollution controls. A lot of time spent this quarter on reworking parking spaces. The City Council Packet 09/09/2010 Page 13
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DRAFT Draft Minute prepared 08/30/10dw Page 3 of 19 Department also processed 125 service orders and 128 work orders. Major projects were the BRW 14th Street drainage project, renovations
of the Marine Center restrooms, and the new roof at the cafeteria. Mr. Wilson stated Karen Reese, our facilities coordinator had done an excellent job at increasing our revenue since
the 1st quarter of 2010, by over $10,000. He said she had issued 283 Beach Permits. The Guardhouse had 80 uses, Memorial Park 105 uses, and the Cafeteria close to 300, all increasing
in revenue. Wanda Doyle asked about the 14th Street Drainage and if it is going to be completed. She gets quite a few calls on this. Mr. Wilson replied it is going to be completed by
the end of September which is on target. Right now they are forming up and pouring the driveways back. We are scheduled to pave the end of September to beginning of October, 14th Street
all the way up to where the entire project has been done. Ms. Doyle stated we need to have a celebration with a ribbon cutting when it is all done. Shirley Sessions thanked Mr. Wilson
and his total staff of 26 for doing such a good job. Mary Hogan present the Finance report and stated this quarter had not only been the busiest quarter on Tybee but also one of the
busiest years. She said parking revenues have been up and it is from people complying with parking not just the fines, compliance is really what we want. She stated we had also increased
parking staff slightly this year but starting the week after Labor Day seasonal staff will begin to be laid off and they are aware of that. Enforcement staff has increased by putting
full time staff out after 6:00. It doesn’t cost any more but does make sure people are on the streets the full twelve hours. Ms. Hogan stated the two biggest accomplishments this quarter
were the budget, and council is aware of all the work that went into that, and the Audit. The auditors have come and gone. They finished all their onsite work and should have a draft
by the end of August and be finished up by September 30. She stated she doesn’t know who was on council when the fiscal year was changed and put in the middle of the busy season but
would like to talk about that at some point. December might be a better time of year to go thru an audit if it could be voted on. Ms. Hogan stated another big item is the staff has got
debt collections process going. We are sending extremely later utility payers to a collection agency and now we are starting to send extremely late parking tickets. Ms. Hogan stated
the last thing is she is continually looking for more space. Finance is continually asked on a daily basis from citizens, staff, as well as council, to do more and more special tasks
or projects, and we are happy to do them, we have the skills and staff willing to do it but our physical space is what is lacking to get our jobs done. We have been talking but there
is no easy solution, but you may begin to hear more on that. Mayor Buelterman asked how the Hotel/Motel tax is doing. Ms. Hogan replied for last year it was about where it should be,
actually a little bit under what had been budgeted. This year was a better July, then last July, so they should be a little bit better. In general though, we are collecting from more
Innkeepers, so we have more participating then we ever had before, and most willingly. Staff gets help from the community who call and say they think their next door neighbor may be
renting their house out. Staff follows thru and checks on it and there is pretty good compliance. There are a few that fight on it but not many. City Council Packet 09/09/2010 Page 14
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DRAFT Draft Minute prepared 08/30/10dw Page 4 of 19 Skip Sasser presented the Fire Department report. Chief Sasser stated we have 38 volunteer members at this time and 1 part time fire
fighter, who is a Savannah Master Firefighter and 1 paid fire fighter. During this quarter we had 54 calls; 10 false alarms, 7 fire calls most after 1:00am, 3 boat responses, 30 squad
6 calls, and 4 community service calls, which was people coming up wanting us to check their blood pressure, batteries in their house or at the fire station. He and the Emergency Management
Director, Jimmy Brown attended the Chatham Emergency Management Conference and Hurricane Conference. Mr. Brown attended several meetings with the mayor and city manager and Chatham County
on Hwy 80 concerns, such as evacuations, traffic accidents and other emergency scenarios. An agreement is currently being worked on to provide heavy equipment on standby, etc. Chief
Sasser also stated CEMA is also working on doing an amendment to the Hwy 80 evacuation plans. plans. Chief Sasser said the Hurricane Exercise was also planned during the quarter which
involved meetings with CEMA and GEMA and Mr. Brown had worked diligently in all the preparations. He and Mr. Brown had went to Dublin, where the City Hall staff would be staying and
stationed for a temporary site during an evacuation. The site was all in order and the people there were quite receptive. Chief Sasser stated Todd Smith with the IT Department also went
to preview the necessary equipment to be provided and everything on that end seemed to be in order. During this quarter the concerns on the Gulf’s oil spill prompted a meeting with the
Coast Guard Marine Safety Unit on what to look for even though they felt it was not going to come up this way. If tar balls were spotted or any other indications it was, they would take
control and assume operations. Chief Sasser stated Mr. Brown has been assisting the Fire Department on preplannnin other locations which has been valuable, such as obtaining current
information, what actions should be taken, accessing the area, etc. Chief Sasser also reported on Ocean Rescue. During this quarter there were no drownings but we did have 124 rescues.
Chief Sasser stated 42 of the rescues were from the sandbar, which is still a nightmare. He stated several of the rescues were life threatening. Other Ocean Rescue activity involved
425 medicals, 152 lost persons-adults and children, 2 fights, 225 public servers, over 7000 preventive actions, and 795 jelly fish. Chief Sasser said Ocean Rescue’s use of available
resources consisted of 4 calls to the Coast Guard, 6 calls to the Fire Department for boat, personnel or Squad 6, the Police Department was requested 76 times, and the EMS 33 times.
The beach mules were used on 368 cases, jet skis launched 45 times for rescues and wheelchairs were utilized 28 times. Chief stated they try to keep a tally on all that is happening
on the beach. Bill Garbett asked if the Jelly fish problems were diminishing. Chief Sasser responded in July we had over 5761 jelly fish treatments. One weekend or week it may be slack
and then they pick up again. Mr. Garbett asked if any were life threatening. Chief responded there were several that have reactions to them and have panic attacks. EMS was dispatched
and victims were transported to the hospital. Rather it was a chemical reaction or a weak heart, being unsure we transport. Some tags have gone all the way up their thighs, hips and
upper body and those were transported. City Council Packet 09/09/2010 Page 15 of 111
DRAFT Draft Minute prepared 08/30/10dw Page 5 of 19 Kathryn Williams asked for the Chief to expand on the public service. Was this for schools and that type of thing? Chief replied no.
We have no anything responding to public request such as checking their blood pressure. They also get calls from citizens where they heard something in their attic but don’t think it
is anybody in there but think it may be fire related. Paid staff is dispatched to check it before sending out full department. Chief Sasser stated logs are kept on calls and dispatches.
Mayor Buelterman asked Ms. Woods, the Clerk, if she would schedule a trip to the Life Guard station, during the next council workshop, to take a look at the condition and size of that
facility. Kathryn Williams stated the wheelchairs are available when the Life Guards are on duty but are they available during the off season or when the Life Guards are not on duty.
Chief responded we don’t have many request for them during those times, but if we do, we try to make arrangements where the Fire Department personnel meets them and takes care of it.
Ms. Williams stated that is a wonderful service being offered. Robert Bryson presented the Police Department’s report and stated it was an honor and privilege to serve in the capacity
of Interim Chief for the City of Tybee Island. To say the Department has gone through a lot of changes through this quarter would be a massive understatement. During this time we had
a total of 26 personnel. All personnel have done a great job at keeping their heads down and on the job completing their missions to the best of their ability with all the distractions
with media and everything going on. There have been some outstanding arrests in some recent cases. To cover the last quarter the officers wanted to work split down the middle, some full
time on days and some full time on nights. They work a twelve hour shift. This is done so officers get use to having the same sleep patterns for their health and safety, and to be experts
on …..at night time the City of Tybee puts on a different face then during the day. Having the same officers working night time and knowing what cars belong in what driveways and certain
areas of the city certainly helps instead of changing every week or month. This is something that is being tried and the officers seem to really like it and think it has been very affective.
For the longest time we have been taking court fees by credit card over the phone and now we are up and running with our own website and this takes the liability off the city with any
type of credit card numbers and the employees working have to take the credit card numbers. The economy is rough and people are losing money with card numbers being scammed. This way
they pay it themselves thru tybeeislandtixs.com. There is no cost to the City for this. Bryson stated the person paying the fine bears the cost of the processing fee for the citation.
The citations that require court appearances are blocked and the person must show up for court, the site will will not accept the payment. It is an excellent service and has also improved
the efficiency of the Records Clerk, not having to run back and forth getting the numbers, processing them, etc. They can use this time for other things, like preparing for court. Citations
during this quarter….. First, we rode 2787 calls which 1991 citations were issued. Also included in these calls were 26 felony arrest, 136 misdemeanor arrest and 161 violations of city
ordinances. The Department had training this quarter focusing City Council Packet 09/09/2010 Page 16 of 111
DRAFT Draft Minute prepared 08/30/10dw Page 6 of 19 on Autism awareness and people suffering from mental crises and those types of things, thru the Mathew Reardon Center outreach program.
Jennifer McGee, Instructor on Autism and parent of Autistic children gave training to the entire department. We are also getting further training thru the State Post on Crisis Intervention
techniques and that also will result in half the Department being certified and trained in Crisis Intervention techniques and dealing with people who have mental disabilities or may
be having some type of problem or crisis which the officer can help with. Wanda Doyle stated the public safety committee utilizes the Police Department, Fire Department, and DPW. All
these staff persons that work day to day, hour by hour also attend these extra meetings. The meeting that was held today was not only very informative but very well done and she applauds
the staff that put their extra time into all these meetings. The meetings are mostly after hours and Ms. Doyle stated she appreciates all the extra effort. She stated the Infrastructure
Committee is the same way. The staff really does a great job. Frank Schuman commended Interim Chief Bryson for all he has done since all the issues have come up a while back and all
the good job all the officers are doing. Bryson expressed his thanks and stated he would spread that to the officers. Shirley Sessions asked Interim Chief Bryson to address the GA State
Patrol’s presences on the island as she had received several calls or comments from residents. Bryson replied he had been in law enforcement for twenty-one years, 10 of those at Tybee.
My relationship thru out the law enforcement community includes the GA State Patrol. Captain Kurt Glamery is in charge of the GSP District area, The Night Hawk unit and he and I have
a great working relationship. We were having a lot of issues here and this unit is a great resource without additional cost to the City. The GPS Night Hawk Unit does nothing but DUIs.
This is at at no cost to us. All the fines from cases heard in our court all come to us, GPS doesn’t get a dime. Those guys at the GPS are working extremely hard and some even getting
furloughed and we still get all the money from the fines they bring in through the DUIs and extra work they are doing to help create a safe pathway back and forth to Savannah on Hwy
80, just by taking one DUI off the road, that got that way here on Tybee, to save someone’s life not getting hit head on in a wreck is worth the State Patrol being down here. It is an
asset we should embrace and not look at it like we are being picked on by the State. Interim Chief Bryson stated these are just other law enforcement professionals willing to jump in.
They are also in Savannah, out of Post 42 in Rincon and now on Tybee. They are doing a great job and we welcome them. We have set them up with their own court date so it is separate
from the rest of the officers’ court dates. We try to accommodate them as much as possible. Ms. Sessions asked about the Crimestoppers’ partnership? Interim Chief Bryson replied, we
have a partnership with the Crimestoppers’ Board of Directors and a partnership with Crimestoppers where we are going in half way to provide signs reminding people to lock their doors
and vehicles, stow their valuables, and other safety tips. Bill Garbett asked about the two recent events that were sort of out of the ordinary for Tybee, the Pharmacy robbery and pistol
whipping, and if he would comment on those. Bryson answered they are still under investigation and he could not say much. He did state the patrol City Council Packet 09/09/2010 Page
17 of 111
DRAFT Draft Minute prepared 08/30/10dw Page 7 of 19 officers working the streets everyday made the arrest and if it wasn’t for that officer being at the right place at the right time
being on patrol driving his vehicle and was right there when the crime occurred, was able to arrest one of the subjects at that time. It is nothing we see here normally, not a regular
occurrence, but the economy is tough and citizens need to be vigilant against someone stealing things. Lock your doors and car doors, we are all still America, and be the eyes and ears
and a good relationship is something the officers depend on to have feedback to solve these crimes. We had excellent feedback on this crime that aided in catching people breaking into
cars this morning. It was a citizen that alerted the Police and we were able to catch the people responsible last night. Bill Garbett commented he was amazed and flabbergasted at how
quickly you apprehended the suspects in both those incidents. Bryson stated it would good detective work and patrol work and cooperation from the Richmond Hill Police Department. I have
a good relationship with the Richmond Hill PD as well. Interim Chief Bryson also reported on the City Marshall activity during the Quarter. He stated the City Marshal had citied over
50 property maintenance violations; notices to cut grass, remove debris, cover dumpsters. On city right-a-way complaints or violations; he removed or relocated eight trailers with boats,
six trailers, five vehicles, three vehicles did not have tags or decals, and removed three RV’s and relocated them. He also assisted the department in placing warning and information
signs for beachgoers around the island to warn them about bottles on the beach, etc. He removed signs in violations in city right-a-way such as garage sale signs, advertisements signs,
etc. He is getting new decals for roll-out carts to remind people to about requires to roll back the containers after they have been picked up or emptied. Woody Hemphill presented the
Quarterly Report and the Monthly Financials. He showed a visual report indicating additional expenses anticipated in July associated with operations, for example, marketing initiatives
for the remaining 2010 and beginning of 2011. We also have a store on site and do the inventory ordering during July. We greatly exceeded what we anticipated in revenues and came in
under what was anticipated in expenses. We have had the auditors here the last
couple of months and some of those expenses may carry over to the month of August. But for the month we cleared a profit of about $58,768.77. Mayor Buelterman commented the anticipated
for August is significantly less than for July. Is there that much of a drop off because of school starting back? Mr. Hemphill answered, yes sir. A few things are working against us
right now. We always see a significant drop off because of school starting back, but from I have heard talking to people in the campground and other campgrounds around the area, the
Gulf being in better health, people are checking that area out to see what the big deal is about. The rainy days and high heat index also impacts us in August, not that this August is
any different than any other August. Mr. Hemphill also presented a visual Customer Satisfaction Survey with overall ratings of B or B+. The cabins are a new rating area and we received
an A rating. Mr. Hemphill also showed graphs and scales from different areas of revenues with historical data and the same with expenses. The monthly tent revenue is one area staff will
be working on during the off season. He also reminded all City Council Packet 09/09/2010 Page 18 of 111
DRAFT Draft Minute prepared 08/30/10dw Page 8 of 19 attendees and viewers at home the campground does propane refills if any needs that service. The good news on our cabin revenues is
we have stayed right in line, and even a little better than what was done in 2009, with that year being impacted by the movie being filmed on Tybee. This is our second year of cabin
operations. The Overall Gross Revenue graphed showed the campground started getting busier earlier in 2010. Mr. Hemphill stated the overall trend is going to the right in the right direction.
Mr. Hemphill stated, as far as the Quarter goes there were a few operational items of note during that timeframe. We will start offering our monthly campsites for our winter, off season
and shoulder season guest, the week-end after PirateFest. We are also working on site maps. We serve about 17,000 guests a year and each party checking in receives this. It is done at
no cost to the city but supported by advertisements for the businesses. The campground has also has been represented and participating on the City’s Green Team, which has been formed
to improve sustainability efforts within the City Staff as a whole. Steve Platke, our camp operator has helped us step up or recycling efforts with more bins around the grounds and installed
motion detector lighting at our dumpster enclosures, and outside arriving area around the bathhouses as well as timed lighting in our bathhouses. Frank Schuman asked if he gets very
much input from the big events on Tybee like the Piratefest, Beach Bum, etc. Mr. Hemphill answered, yes sir, Piratefest is one of our biggest week of the fall and Beach Bum is usually
the busiest week of the year, even bigger than Memorial Day this year. Ms. Doyle commented good job. George Reese presented the Water & Sewer Department report. The press is now off
potable water. It has been off since August 1st. It’s not considered reeves because it is coming off clarifiers. We just put a new reeves pump in so hopefully we will have the whole
plant have potable water by the end of the month. Bill Garbett asked how we are doing with our withdrawals as compared to our permit, which is always a big issue. Mr. Reese replied we
will be all right. We are about 100,000 less, according to Bill Lovett, for the year for our average. We are coming down slowly. Mayor Buelterman confirmed we are coming down and Mr.
Reese confirmed. Kathryn Williams commended Mr. Reese and his staff, as she is always getting calls from residents who have had broken pipes, etc and they are always very complimentary
of the response time and the professionalism of his staff. Mr. Reese responded thank you, they work very hard at it and Ms. Williams agreed. Hillary Brodofsky, former Director of the
Tybee YMCA addressed Mayor and Council and announced she had accepted a position at the West Chatham YMCA and expressed her appreciation for their support during the four years she was
at the “Y” here. She introduced the new Director of the Island’s “Y”, Mrs. Gina Casagrande. Ms. Casagrande has over four years of experience with the YMCA and holds a Masters in Sports
Medicine, as well as a certificate in Genecology, so she has a great interest in working with seniors. Her husband is a City Council Packet 09/09/2010 Page 19 of 111
DRAFT Draft Minute prepared 08/30/10dw Page 9 of 19 coach at the new Island High School, so she had the team and sports background as well. She was at the West Chatham branch so we have
just traded branches. She has experience in childcare, teens, sports, aquatics, fitness, pretty the entire gamut of the “Y” programs. I am sure you are going to love her. Mrs. Casagrande
addressed council and expressed her appreciation of the warm welcome she has received already. She presented a slideshow presentation of the summer activities. Mayor Buelterman expressed
his appreciation to Ms. Brodofsky for her hard work and service to the community and she will be missed. Mayor Buelterman commented on the $10,000 contribution to the Priceless Gift
Campaign from Critz Dealerships. The donation was made to the Island’s “Y” in lieu of giving it to St. Michael’s. Wanda Doyle commented she had been the “Y” liaison on the board the
four years Ms. Brodofsky has been year and she has done an outstanding job at leading the “Y” into into great things. Ms. Doyle stated she will miss her terribly, as she has been like
one of her own, and she wishes her well. Ms. Doyle stated she has spent some time with Ms. Casagrande already and if she can be of any help to please let her know. Jonathan Lynn presented
the Community Development report. Beginning with the Better Home Town initiatives, Mr. Lynn stated Tybee did receive their Better Hometown Designation from the State of GA. Ms. Morton
had been working on that for the last year and a half and now that is completed she will be focusing on Third Thursdays starting back and continues working with DCA on market studies
for tourism. In addition we did receive the Bronze Level of Sustainability for the City from the State and Ms. Morton is chair of that committee and has done a great job on that. The
zoning staff has worked on the Land Development Code and has Article 3 coming back to council the first meeting in September. We continue to attend any workshops and participated with
the GEFA project and submitted the RFP and received the contracts in during that period, hopefully we will have that contract going here shortly and Begin the Water First process. The
date it was due was actually August 51, 2010 and we did meet the deadline. Mr. Lynn stated he attended the Downtown Development training class at the GA Municipal Association Conference
and the Municipal Law training class. Mr. Lynn commented the numbers for the quarter was 12 hearings before the Planning Commission and Mayor and Council, worked 3 site plans for variances,
2 special reviews and 3 text amendments. Mr. Lynn stated the big numbers that are positive in a way is the last quarter in 2010 shows our building permit revenues were up to $48,567.00,
the highest they have been in almost two years. Hopefully this trend will continue. Not quite half way thru the quarter we implemented the new building permit fees. So we will see how
those have affected, once they go for a full year. In addition, we did collect $48,469 business license fees fees during that quarter. We did well on our projections. We didn’t quite
hit the marks we had set for ourselves but we made a lot of progress towards the end of the year. Wanda Doyle asked if council would be able to see Article 3 along time before the council
meeting. Mr. Lynn answered it would be to them tomorrow and it would be a very clean copy that has the word “DRAFT” on it. City Council Packet 09/09/2010 Page 20 of 111
DRAFT Draft Minute prepared 08/30/10dw Page 10 of 19 Jimmy Brown gave a powerpoint presentation on the recent Hurricane Exercise highlighting the Objectives and the Positive Feedback
from those participating, as well as, Recommendations for Improvement. Mayor Buelterman asked if Chief Lovett had given any indication of how long it would take for them to give us the
plan for evacuation of Hwy 80 if there is a wreck. Mr. Brown answered no sir, not a definite timeline. He is looking into that. Some of the recommendations have been taken care of we
are working on the others. Kathryn Williams asked about the area of concern, even with Chatham County, of the evacuation of the nursing home patients. Do we have this area covered or
is this something we have to focus on? Mr. Brown replied that is not just a Tybee problem, it is county wide. He spends every hurricane season speaking with CEMA, Clayton Scott, trying
to work out something. We have even taken it to the state legislature trying to get a law enacted that Emergency Operation Plans would have to be on file with CEMA. That did not even
make it through the house. The emergency operations plans they do have are very vague. But it is in our operation conditions for the City; my responsibility is when we go into a certain
Opcon position, like Opcon 4, we go over to the nursing home and we have been working very close with Mary Sheppard over there to make sure they are aware of what is going on and if
an evacuation does come, they are out of there. One of the things that hold up the nursing homes is they have an out of town transport that comes to evacuate the persons of the nursing
home. Unless it is a declared evacuation order or disaster, they do not get reimbursement for the bus service. There is a fine line, it has to be a mandatory evacuation or declared disaster
for them, when they call for it or they won’t be reimbursed. It is all over the State of Georgia, not just Chatham County. We try to keep a tab on it. Mayor Buelterman stated we were
close to enacting enacting a law on that but the nursing home folks fought against it. Frank Schuman asked about transferring everything in the TEMA room to the gym in case of an emergency
because of the TEMA room being on ground level. Mr. Brown responded we leave 1/3 in the TEMA room, 1/3 in the Gym, and take 1/3 to Dublin with us. We have things in three locations so
if the School get wiped out we still have some in the Gym, if the Gym goes we still have some in Dublin with us. Citizens to Be Heard Jim Kluttz addressed council with an update on fundraising
efforts to benefit the Tybee Theater. The Friends of Tybee Theater sponsored a Wine Tasting event this past April, which was a hugh success raising almost $30,000. Shortly after, a lady
that has a house on Tybee, who recently won an academy award for “The Blindside”, who wants to remain anonymous, gave a major contribution, which we thank her for. Mr. Kluttz expressed
a major thank you to the Mayor and Council. We believe we can restore Tybee’s Post Theater so that it can be used for movies, performances, and for lectures. It can be something on the
island everyone can use, young and old. Mr. Kluttz referred to the “Y”’s presentation that they are basically for everyone, the City Council Packet 09/09/2010 Page 21 of 111
DRAFT Draft Minute prepared 08/30/10dw Page 11 of 19 theater is the same way. The other benefit to the theater is that there is going to be an economical benefit for the businesses.
The money we are going to raise is going to be raised on Tybee and stays on Tybee. It will benefit the people of Tybee. The City Council has agreed in this year’s budget; and he thanked
them for it, to contribute if, and only if, the theater also raised money from the citizens and the businesses. Mr. Kluttz stated they are also applying for grants of small increments,
$10,000-$30,000. But most of the money is being raised on the Island for the next year to two years. People will be working together to benefit the people of the Island. Greg Stoeffler
and Amy Gaster spoke on behalf of the Leadership Tybee’s fundraiser coming up to support the Friends of the Tybee Theater. In February the City started a program similar to the program
in Savannah and it is called Leadership Tybee. It is a cross function of many types of businesses on the Island and we feel fortunate enough, with others, to represent the business community.
We are proud to be a part of Leadership Tybee and have been meeting every month. Part of the requirements for Leadership Tybee is to break into smaller groups and come up with a project
that has a positive impact on Tybee Island. We batted around and thru around a lot of ideas and finally came up with partnering with what the City has committed with their matching grant
fund, and a great way for us as students in the first year of Leadership Tybee, to come in and give it ago and kick start this momentum that has been initiated by the board and the City.
But we really need community support. Mr. Stoeffler announced they will be doing a fundraiser with prefacing “FUN” Tybee style. Coming up with a way to raise money like Buy Local, here
on Tybee, raise money local, have it stay local, and have a positive impact on the residents locally, the businesses, and the tourists coming and our neighbors coming across the bridge.
bridge. Mr. Stoeffler stated after much talking and meetings and going through a lot steps we wanted to make a formal announcement to everyone of the game plan. Amy Gaster addressed
council and announced the “FUN” raiser campaign of three months of “Fun” Tybee style. We need everyone to help us to re-open the Post Theater. Ms. Gaster stated the name of the campaign
is “Casting for Stars” and will be a Tybee star search. We have a lofty goal because we do want to see the theater re-open and to do that we need to take it up a notch. Our community
has done this before, we have raised $100,000 for other campaigns in the past by doing what we do best……having parties, having events, having unique Tybee events…..and that is what we
plan to have. The way we are going to do this is have 10 contestants competing against each other to be the “Tybee Super Star”. The kick-off is September 26th at Marlin Monroe’s. We
hope this is going to be a win win for everyone. A sing and dance routine was demonstrated. Ms. Gaster stated you can sign up at www.tybeestars.com . Mayor Buelterman thanked the Leadership
Tybee group for taking this project on. Shirley Sessions commented everyone is doing a great job and she concurred with Mr. Kluttz this is a great way to bring the community together.
How can you not want to get involved? She pointed out every Council since the theater has been a possibility. Ms. Sessions indicated former council members attending tonight; Barry Brown,
Dick Smith, Pam O’Brien from 2001 & City Council Packet 09/09/2010 Page 22 of 111
DRAFT Draft Minute prepared 08/30/10dw Page 12 of 19 2002 and thanked them for starting off the support of the re-opening the theater. She also thanked Leadership Tybee for this campaign.
Mayor Buelterman thanked Ms. Sessions as she was also on that Council supporting it when it was not a very popular thing to do, to save the theater when it was close to the wrecking
ball. Mayor Buelterman also recognized Jack Youmans as part of that support. Richard Adams was not present to speak as stated on the agenda. Carolyn Elm addressed Council and stated
she and the Mayor had previously spoken and she had asked him when would Jimmy Price be reinstated, and he said soon. A few weeks later is soon. Ms. Elm said she is present tonight to
ask a few questions and would like a straight answer. Ms. Elm asked what Chief Price did wrong to be suspended. Mayor Buelterman stated when he met with her and they had a good meeting
and cordial meeting he had stated we would resolve this issue soon, however it played out. Mr. Hughes Hughes stated there had been a lot happen since you that meeting. One of which is
a proposal to resolve the status of the Chief that is on the agenda tonight under his name. He stated council could take it up early if the council wishes to. It basically involves reinstatement
and retirement by the Chief with him receiving benefits under the agreement. It is a mutual resolution, in his view, is in the best interest of the City, and Chief Price has signed it.
Mr. Hughes stated council will have to address it. He said he doesn’t think in light of the fact it hasn’t been signed and the nature of the agreement is such that it doesn’t become
effective for several days that it would be improper to be discussing any details about how we got to where we are because of that and because of related litigation council is familiar
with. Mr. Hughes stated he wished he could give a better answer but under the circumstances that is all he can say and will say. Ms. Elm asked if it has to be voted on tonight. Mr. Hughes
responded, yes maim. Ms. Elm asked if Chief Price is in agreement with this. Mr. Hughes answered we have an agreement that has been signed by Chief Price. Ms. Elm asked the Mayor if
he or any other council member bring in Chief Price to talk with him when the tasing incident happened. Mayor Buelterman stated Mr. Hughes has asked that he refer any questions to him.
Mr. Hughes stated it would have to be the same answer. The City is a defendant in a lawsuit that has aroused out of the tasing incident and he doesn’t want council to comment on anything
related to that incident. There is no upside in doing so. Unfortunately that is the circumstances you presently are in. Ms. Elm stated when they had the petition signed; it was signed
to have Chief Price reinstated, to become our Chief of Police again. For years Tybee has been a safe place. Now we had better start locking our doors and our cars. Just the other night,
two young women were robbed at gunpoint down on the strand. Ms. Elm commented she thought Chief Price should be shown respect for the 31 dedicated years he has given to the City of Tybee
and should not be thrown away like yesterday’s trash. Respect is missing here and in our country. That is what’s wrong with us today. You cannot learn it, you earn it. After 31 years
Chief Price has earned it. City Council Packet 09/09/2010 Page 23 of 111
DRAFT Draft Minute prepared 08/30/10dw Page 13 of 19 Sundi Marino addressed council stating for several reasons she also wanted a resolution, but she wanted the right one. We need to
show there is no weak link out here. Several people have already mentioned the rash of crimes already out here and referred back to what Ms. Elm had mentioned about the robbery. Two
men with guns went into a condo on strand, where a bachorlette party was in progress and stole all the women’s’ purses. This adds to the home invasion, the pistol whipping, the pharmacy
armed robbery and the guys stealing out of the cars and from beachgoers. Jimmy Price has dedicated his career to serving this island. Ms. Marino stated she speaks for herself and for
others that feel they can’t speak up because of the consequences they may face. If someone doesn’t agree with how this city is being run or stands up to the City Manager, or say no to
her, you are gone. Ms. Marion commented our Police Force has been threatened by her scare tactics…….Mayor Buelterman interrupted and stated she is making allegations against people that
are unfounded in his opinion. Ms. Marion stated she has a source. Mayor Buelterman stated she was making a threat that in somehow this City and this Council would hold people to account
or there would be consequences if somebody came up and said something………every meeting people come up and say something and then we go out and have dinner with them. Ms. Marino stated
she wasn’t talking about public people; she was talking about city employees. Mayor Buelterman stated he understood what she is saying but he feels it is unfounded. Ms. Marino said she
has several sources that have told her they have been threatened with little stories that people have found out and is holding over their heads and using against them. They are afraid
of losing their careers and pensions. Ms. Marino stated many businesses feel it is hard for them to stand up because things could be made difficult to them. City employees are afraid
to talk to anyone any more because of repercussions within city hall. Ms. Marino urged council to not support the proposed agreement, to let Jimmy Price go back to work and retire on
schedule. We are paying him to do that anyway. Push your personal agendas aside and ask yourself, If he can be pushed aside for no reason, who else can be. This isn’t about the tasing
case. The GBI made that perfectly clear. Jimmy Price did nothing wrong. Ms. Marino stated if he is being punished for what his officers did what actions they took, if he is being held
accountable and responsible for that. Then; his superior should be held responsible and accountable because she was MIA that weekennd Ms. Marion stated don’t let her bully you or push
you because we will remember come next November. Ann Miller addressed council on the alcohol license for the North Beach Grill being brought up tonight. Ms. Miller stated the lawyer
hired by council signed a letter on May 4th, Kathryn Williams signed a Blind Trust on May 20th, and council issued her an Alcohol and Liquor License on July 22nd, so the Blind Trust
was broken. Ms. Williams was not supposed to be doing that. Ms. Williams has been operating since August 9th and has had problems over there. Ms. Williams or the business put out a flyer
and stuck them on people’s door. Ms. Miller commented she had a friend call her with one. It was an advertisement but had a paragraph stating they had had a problem that previous Wednesday
night with music and please be sure and call them if there were any problems. Ms. Miller stated her main concern is council allowed City Council Packet 09/09/2010 Page 24 of 111
DRAFT Draft Minute prepared 08/30/10dw Page 14 of 19 Ms. Williams to operate two weeks with a license that should have been null and void or never issued in the first place. Ms. Miller
asked council to please think about issuing another license in Mr. Spriggs’s name when they can’t seem to follow their own rules. Kathryn Williams stated the Application for the Business
License the North Beach Grill is operating under was submitted months and months ago and upon the advice of the independent attorney we are redoing that. Ms. Williams stated there were
no advertisements passed out at all. There was a letter delivered to the neighbors and it was not an advertisement. Ms. Miller stated it was an advertisement. Ms. Williams stated she
would be happy to share it with you. Ms. Miller responded she had it at home…. Mayor Buelterman interrupted and asked Ms. Williams to make her point. Ms. Williams responded her point
is what was just stated is not true. George Spriggs addressed council stating he is the other owner owner of the North Beach Grill and wanted to clarify some of the things that had just
been said. He stated the letter that was sent out a few days ago was the result of a noise complaint they received on Wednesday evening when there was entertainment at the North Beach
Grill. Mr. Spriggs stated he and Ms. Williams felt it would be a good idea just to send a letter to the neighbors letting them know we were very much in favor of being good citizens
and good neighbors and that we would abide by all noise ordinances. And if there was a problem, their first line of communication could be us. We personally delivered or had that advertisement
delivered. Mr. Spriggs said the application before council tonight is to transfer the Business and Liquor License from Ms. Williams name to mine. Ms. Miller stated the paper she has
at home and is referring to was stuck in her friend’s door. Isn’t that illegal? Are we supposed to put flyers out? Mr. Hughes stated there is an Ordinance that prohibits handbills and
flyers and similar distributions, yes. Every couple of years we run into the constitutionality of that. There is an Ordinance that is on the books. Ms. Williams asked, didn’t that deal
with windshields and mailboxes? Mr. Hughes stated that is correct, but it is actually in the Sign Ordinance with a separate prohibition on peddlers, that would theoretically prohibit
that. Mr. Hughes stated it is very suspect constitutionally frankly. Ms. Williams commented this was a letter delivered to the immediate neighbors, it wasn’t something widely passed
out. Ms. Miller restated it was stuck in her friend’s door. Mr. Hughes commented he would have to look into it. Ms. Miller stated during the elections they were told they couldn’t do
that. Mr. Hughes commented that is what he is talking about; the whole issue of passing out documents leaving them on cars, houses, and all of that. There is an ordinance that restricts
that and that is when the issue of its constitutionality came up and its close. Ms. Miller read on the back of the agenda tonight that items are supposed to be in by Wednesday noon;
Ms. Williams was in with the liquor application to change into Mr. Spriggs’s name on Thursday, which was past due, how did it get on the Agenda? Ms. Williams answered she did not handle
it at all and she believed it was turned in on Wednesday. Consideration of Boards, Commissions and Committee Appointments City Council Packet 09/09/2010 Page 25 of 111
DRAFT Draft Minute prepared 08/30/10dw Page 15 of 19 Historic Preservation Committee Mayor Buelterman stated there had been emails back and forth and questions about the Historic Preservation
Committee and asked Mr. Garbett to comment on it. Mr. Garbett issued a plea for volunteers to serve on the Historic Preservation Committee and stated this is an extremely important part
of preserving Tybee and a major part of our Better Hometown program. We currently have two open positions of three year staggered terms. The qualifications are you should have a great
interest in historic preservation or architecture or the beauty of Tybee. You do need to be a resident and that has really cut out some of the gifted preservationists that happen to
live in Savannah or Wilmington Island. For instance, it disqualifies Cullen Chambers. We do currently have three recognized Historic Districts on the Island; Fort Screven, the Strand
area, and the Back River area. We would really like to put in place the protection and the opportunity for people who own these historic buildings to benefit from tax advantages, building
permit exceptions, for instance, you don’t have to bring it all up to code if you have this historic district…..let’s just say we are reopening applications for this and ask citizens
to please apply and we will keep it open until it is filled. Ms. Williams stated on most committees you do have to be a resident, but as Mr. Garbett stated in some incidents there are
many highly qualified people in the area that could really be an asset. Mayor Buelterman commented that on the Beach Task Force we have people serving in an ex-officio capacity. We can
certainly have people come in and advise. Mr. Garbett commented we would always have Mr. Chambers come in and advise and others like Bob Ciucevich that will participate. Mr. Garbett
concurred with Ms. Williams and asked if we could expand the qualifications and have a few non residents, it would certainly benefit. Ms. Williams asked Mr. Hughes if there was any legal
reason why we could not do this. Mr. Hughes stated none that he was aware of. Mayor Buelterman stated someone could put that on the next agenda. CORE MPO Citizen’s Advisory Committee
Mayor Buelterman stated this was to replace of our long standing representatives on the Metropolitan Planning Commission’s Citizen’s Advisory Committee. He asked Henry Levy how long
he was on that committee and Mr. Levy responded about ten years. Mayor Buelterman stated every year Mr. Levy fought for the road, the crosswalks, and the bike lane on the bridge, just
like the Mayor had asked him to. Mr. Levy commented at the last meeting he attended they had agreed to put the Tybee road, for safety, a priority above every other road project in Chatham
County. Mayor Buelterman thanked Mr. Levy for doing a good job. Mayor Buelterman stated anyone wishing to fill that position, we welcomed the application. Bubba Hughes Proposal regarding
Jimmy Price Mr. Hughes stated what was before council was a document that had been signed by Chief Price yesterday and it basically agreed on the seventh day following the execution
by him, he City Council Packet 09/09/2010 Page 26 of 111
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Page 16 of 19 would be reinstated and then retire as Chief of Police. It provides for certain benefits to be paid in exchange for a release, which is customary, in these circumstances
where you have a separation and securing a release. It doesn’t affect his pension in any way and is written in the document as well. For a number of reasons, I recommend this to you,
particularly as the Chief has signed it and agreed to it. Mr. Hughes stated Mr. Painter is Chief Price’s attorney, is presently out of town, but he spoken to Mr. Painter and he will
sign it Monday where it says approved by. Mr. Hughes encouraged council to approve this. Mayor Buelterman called for a motion. A Motion by Shirley Sessions to approve the agreement as
the City Attorney has advised with the understanding the Chief Price has agreed and has participated in this resolution was seconded by Paul Wolff. Ms. Sessions stated certainly there
is no discounting the wonderful job the Chief has done for the community and that is a separate issue that needs to be acknowledged and addressed at a different time Wanda Doyle asked
Mr. Hughes to go over again the reinstatement process; the number of days before the vote is called for. Mr. Hughes answered the agreement provides the …..there is a certain amount of
time period provided by law in these circumstances that is kind of like the right to rescission if somebody sales you something at your front door you have three days to withdraw it.
This is a seven day provision and if council approves this, seven days following his signature, seven days from yesterday, next Thursday he would automatically be reinstated and synonymously
retire so that he is not under suspension or anything else. The rest of it is the release terminology. Of course, he gets whatever benefits HAD approved and pension benefits. Bill Garbett
commented everyone in this community knows this has been a painful experience and I know it has been for the Council. He stated he personally is having an extremely difficult time approving
this because of the precedence it will set. It is to some degree a mismanagement of funds; it is not an appropriate use of funds. On the other hand, we have and he wants the whole city
to know this, this is something that has not been proposed by the City Manager, this is something that has been proposed by the City’s counsel and other attorneys working on litigation
involved with this city. Mr. Garbett stated he is torn, he believes accepting this is going to be the best thing for the City, but he is only doing this on strong advice from counsel,
not just Mr. Hughes, but other people involved in this. Mr. Garbett said he really wished the people of Tybee would consider that when they want to ask council why they made this decision.
Wanda Doyle stated she has been a supporter of Chief Price’s since all this started and she thought many of you here tonight with the tags know that. This has been a very difficult decision
for her for many different reasons from what Mr. Garbett said. She stated she has spoken with Chief Price and his name, his signature is on this reinstatement, retirement, and release
form and for that reason she thinks he agrees with this because his signature is here. Maybe his heart says one thing and his mind another. Ms. Doyle stated she does support this but
for a different reason than from what Mr. Garbett is saying. Ms. Doyle said she wants the people out there to know she has supported Chief Price throughout this whole process and City
Council Packet 09/09/2010 Page 27 of 111
DRAFT Draft Minute prepared 08/30/10dw Page 17 of 19 understand when the vote is taken, as far as her personally and as a councilmember is concerned. The vote was Sessions, Wolff, Doyle,
Garbett and Williams in favor and Schuman opposed. Consideration for the Consent Agenda A Motion by Paul Wolff to approve the consent agenda was seconded by Kathryn Williams. The vote
was unanimous. Mayor Buelterman called a short break. Mayor Buelterman called the meeting back to order. Public Hearings Mayor Buelterman opened the public hearing and stated this had
been on the agenda the last meeting but council had delayed it so we could give a little bit more information to people on this issue. The main issue is our Water Sewer Fund is not breaking
even. Mayor Buelterman asked Diane to explain the power point slide on the screen. Ms. Schleicher explained, Ms. Hogan, the Finance Director, had done a water revenue comparison and
she will be more than happy to explain it to you. Ms. Schleicher gave some background information explaining the City Council in December, 2008 adopted a rate structure, the first set
of rate changes for the tier rates and they would start in January of 2009. New Water and Sewer Rates _____________________________________________________________________________ Mayor
Buelterman closed the public hearing. A Motion by Paul Wolff to approve the recommended rates was seconded by Bill Garbett. An Amendment made by Paul Wolff to add that the rates become
effective with the October Billing for September’s water was seconded by Bill Garbett. The vote was unanimous. Consideration Local Requests & Applications-Funding, Special Events, Alcohol
License Application for Business License, Retail Beer/Wine/Liquor Alcohol License and Entertainment for North Beach Bar & Grill, Applicant: George L. Spriggs, Jr Location: 33 Meddin
Drive. Kathryn Williams recused herself. A Motion by Frank Schuman to approve transferring the applications was seconded by Shirley Sessions. The vote was unanimous. Consideration of
Ordinances, Resolutions City Council Packet 09/09/2010 Page 28 of 111
DRAFT Draft Minute prepared 08/30/10dw Page 18 of 19 2nd Reading Ordinance to Amend the Code of Ordinances Section 70-43, Bill adjustment for water leakage and special circumstances.
A Motion by Wanda Doyle to approve was seconded by Paul Wolff. The vote was unanimous. 2nd Reading Ordinance to Amend the Code of Ordinances Section 5-90 Variances to add Section 5-090
(f) Notwithstanding any other provision of the Code of Ordinances, no application for a variance may be accepted nor may any variance be granted with respect to any property that is
then not in compliance with the requirements of Ordinances for the condition on which the variance, unless the applicant files with the application a detailed written explanation of
how, when, and by whom the need for a variance was created. A Motion by Wanda Doyle to approve was seconded by Paul Wolff. The vote was Doyle, Wolff, Schuman, Sessions and Williams voting
in favor and Garbett opposed. City Manager’s Report -Diane Schleicher Action Items List Add Juvenile Ordinance to action items and put the ordinance on the public safety agenda for September.
FY 2010 End of Year Final Budget Adjustment A Motion by Frank Schuman to approve was seconded by Kathryn Williams. The vote was unanimous. Council, Officials and City Attorney Considerations
& Comments Jason Buelterman Corp of Engineers Letter-Extension of Tybee’s Beach Erosion Control Project Mayor Buelterman requested that the letter be included with the minutes. Bill
Garbett Coastal Saltwater Intrusion Stakeholder Meeting Report City Council Packet 09/09/2010 Page 29 of 111
DRAFT Draft Minute prepared 08/30/10dw Page 19 of 19 Garbett to draft a Resolution to give to the State. Garbett requested approval of out of State travel to attend this meeting. A Motion
by Shirley Sessions to approve out of state travel after the fact was seconded by Paul Wolff. The vote was unanimous. Kathryn Williams Usage of Public Restrooms Doyle to take this item
to Tourism Council. Lynn to ask Morton to solicit input through businesses associated with Better Hometown. Executive Session A Motion by Paul Wolff to go into Executive Session to discuss
Litigation and Personnel was seconded by Wanda Doyle. The vote was unanimous. A Motion by Paul Wolff to go back into Regular Session was seconded by Wanda Doyle. The vote was unanimous.
Adjournment A Motion by Paul Wolff to adjourn was seconded by Kathryn Williams. The vote was unanimous. City Council Packet 09/09/2010 Page 30 of 111
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