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City Council Minutes, August 9, 2018
Consideration of Items for Consent Agenda
Mayor Buelterman called the consent agenda to order at 6:30PM on August 9, 2018. Those present were Julie Livingston, John Branigin, Wanda Doyle, Barry Brown, and Jackson Butler. Also
attending were Dr. Shawn Gillen, City Manager; Bubba Hughes and Dana Braun, City Attorney; George Shaw, Director, Community Development; and Janet LeViner, Clerk of Council. Monty Parks
was excused
Mayor Buelterman listed the following items on the consent agenda:
Minutes, Regular City Council Meeting, July 12, 2018
Martha Harrell, Historic Preservation Commission
Real Property Agreements for Enhancement Projects – Georgia Department of Transportation
Donation of fire truck to Wheeler County/City of Alamo Fire Department. Discussion: Dr. Gillen stated the donation to Wheeler County is very deserving. There will be a ceremony on
Saturday, August 11, 2018 at which time members of the Alamo Fire Department will accept the donation of the fire truck. Todd Smith approached Mayor and Council. Mr. Smith thanked
Mayor and Council, Dr. Gillen, and Ms. Hudson for working toward this end. He continued, this engine is the last of the City’s older engines, 1987, and the current fleet is good. Mr.
Smith stated the State assisted in finding a recipient for the engine and they recommended Wheeler County who has only paid employee, the fire chief. In contacting the Chief, they are
very excited to receive this donation.
Resolution: E911 Model Resolution
Prepaid Resolution
Postpaid Resolution
Mayor Buelterman called the regular meeting to order at 7:00PM. All those present for the consent agenda were present.
Opening Ceremonies
Call to Order
Invocation: Ken Douberly, St. Michaels
Pledge of Allegiance
Recognitions and Proclamations
Scarlett Gillen, Liaison, Tybee Island Youth Council approached Mayor and Council to give a brief history of the US Coast Guard units in Chatham County. Ava Thomas and members of the
Tybee Island Youth Council joined Ms. Gillen for the presentation of Certificates of Appreciation from the Tybee Island Youth Council to each of the Commanders.
Mayor Buelterman read and presented a Proclamation declaring August as Coast Guard Month to each of the Commanders of the local Coast Guard Units. He then presented Certificates of
Appreciation to each of the following:
BMCS Justin Wainscott, Station Tybee
CDR Brain Erickson, Air Station Savannah
CDR Norm Witt, MSU Savannah
BM1 Van Pedrick, ANT
MKC Kellyn Montesino, Recruiting Office, Savannah
BMCM Mark Adams, USCGC Chinook
Senior Chief Wainscott, Commander, Coast Guard Station Tybee approached Mayor and Council and thanked them for their continued support. On behalf of all the units in Chatham County,
he expressed his deepest gratitude.
James Burke IV, Tybee Resident. RESCHEDULED
Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10 minutes.
Ava Thomas, President, Tybee Island Youth Council gave a report of the upcoming events of the Tybee Island Youth Council as well as their recent trip to Cape Kennedy.
Lisa Lepofsky, Concerned Citizens of Tybee Island, approached Mayor and Council to give a report on the recent Mediation. Ms. Lepofsky asked her report be made a part of the official
record (attached). Mayor Buelterman thanked the participants of each side of the Mediation for their hard work.
Monty Parks joined the meeting.
Wanda Doyle made a motion to approve the consent agenda.Julie Livingston seconded. Vote was unanimous, 6-0.
Public Hearings
Zoning Variance: Sec 3-090.1(D)(2), Sec 3-190(B) and Sec 3-190(E). Placement of swimming pool and decks. PIN 4-0022-01-372 – Barry Weiner. George Shaw approached Mayor and Council
to present the zoning variance request. Mr. Shaw stated the petitioner is asking for a variance as the pool would encroach the marsh buffer as well as the front yard. The applicant
disputes that it is the front of the house, Staff does not agree. The Planning Commission voted unanimously to deny. Monty Parks made a motion to deny. Julie Livingston seconded.
Vote was unanimous to deny, 6-0.
Site Plan Approval with Variance: Tear down existing structure on property. 19 Silver Avenue, PIN 4-0008-06-015 – Walter Freeman. WITHDRAWN BY PETITIONER
Text Amendment to Land Development Code: Sec 4-050 Zoning Districts (O) South-end Business Overlay District. George Shaw approached Mayor and Council to speak on this agenda item.
He stated in April 2018, Mayor and Council placed a Moratorium on the demolition of historic structures in the South-end Business District. At the same time, Mayor and Council asked
a committee to explore Design Guidelines for that district and the committee was formed. A Consultant was hired to create guidelines for the City as well. Meetings were also scheduled
through social media as well as the City’s website for public input. The next step was to be heard by the Planning Commission for their recommendations. Planning Commission felt certain
information was missing and clarification needed. It was their decision to continue to their next meeting. A special meeting was scheduled to re-evaluate amendments that were requested
and a vote of approval, 2-1, was taken. Mr. Shaw explained, in the packet before them are the first version of the text amendment, comments, redlined version and a black version. Rebecca
Fenwick, Historic Preservationist, Lominack Kolman Smith Architects and Sarah Ward, Ward Architecture and Preservation approached Mayor and Council. John Branigin read from a list of
prepared questions. NOTE: For ease of reading, Mr. Branigin’ s questions are attached with the responses from the consulting firm in blue ink. Monty Parks then presented his questions.
NOTE: For ease of reading, Mr. Parks’ questions are attached with the responses from the consulting firm in blue ink. Mayor Buelterman stated it is his recommendation, procedurally,
the full Planning Commission review the comments from Mayor and Council and possible comments from the public. He stated he does not think the proposed text amendment prevents the other
major historic building, Carbo House, from being demolished. Ms. Doyle stated Tybee is quirky and if Mayor and Council enforce what is in the proposed text amendment, Tybee is no long
quirky. She commended the consultants for their hard work. She also feels this is infringing on property rights, which should be protected. Ms. Doyle agrees with Mayor Buelterman that
the Carbo House needs to be saved from possible demolition. Ms. Livingston stated Mayor and Council need to work together. She referred to the Tybee Island Mission Statement and stated
Mayor and Council have an obligation to save the historic buildings, to keep the historic character of Tybee, and is part of who we are and who we should be as a Council. Ms. Livingston
stated Mayor and Council need to work together to try and get a document that works, protects our resources and gives us what we need to keep this Island quirky and does not allow destruction
of more of its “treasures” . Mr. Butler concurred with Ms. Livingston. Mayor pro tem Brown stated there is no reference to storm damage/destruction and rebuilding what was once there.
He would specifically like reference made to the Carbo House and its preservation. Ms. Fenwick stated they are taking direction from Mayor and Council and there is a possibility the
Moratorium will need to be extended. Mayor Buelterman stated he feels it is the will of Council to have the Planning Commission revisit the proposed text amendment when all the membership
is present and extend the Moratorium.
Luwana Tsulos approached Mayor and Council. She asked for clarification as to if she owned a home in the Overlay District and it has not been deemed as a historic building and it is
destroyed, if she were to rebuild, is she subject to the Standards as outlined in the proposed Text Amendment. Mayor and Council concurred. Mayor Buelterman stated this is a concern
and needs to be addressed by the Planning Commission. Ms. Tsulos expressed her concerns with the lack of affordable housing on the Island. Mayor Buelterman thanked Ms. Tsulos.
Vicky Hammonds approached Mayor and Council and asked them to protect the historic buildings on Tybrisa and the South-end District as well as new construction as it relates to the environment.
The City needs to avoid bland shopping mall buildings on the South-end, as it needs to be individual interesting buildings in that area. Keep the existing buildings and ensure new
construction blend in with the character. Mayor Buelterman thanked Ms. Hammonds.
Jay Altman approached Mayor and Council and recommended there be a common ground for the proposed Text Amendment. As a carpenter on the Island specializing in preservation, Mr. Altman
asked new construction meet the character and history of the Island. Mayor Buelterman thanked Mr. Altman.
Sarah Jones, Tybee Island Historical Society, approached Mayor and Council. Ms. Jones reminded Mayor and Council in 2013 a building was lost on Tybrisa and the structure that was built
there was not necessarily what everyone wanted. She stated the Guidelines could be used in a creative manner to keep the character of Tybee. Mayor Buelterman thanked Ms. Jones.
Julie Livingston made a motion to refer this item back to Planning Commission on September 17, 2018 for further review and their recommendations brought to Mayor and Council. Jackson
Butler seconded. Discussion: Mr. Parks asked if the Planning Commission needs to complete their review on the evening of September 17, 2018. Mayor Buelterman responded, it is his
recommendation it be kept open-ended, as they might need additional time. Mr. Hughes stated it is his preference the Moratorium issue be on an agenda specifically. Mayor Buelterman
concurred. Vote was unanimous, 6-0.
Council, Officials and City Attorney Considerations and Comments
Jason Buelterman recommended if the rental scooters pop-up on the Island, they are to be confiscated by the Tybee Island Police Department. Mr. Hughes stated there is not an ordinance
that covers scooters and recommends an ordinance be developed that addresses the prohibition of the scooter owners that do not have a business license and location for them to be kept
when not in use. Mayor Buelterman stated if the scooters come to the Island, the owner will be notified and the police department will confiscate the scooters.
Jason Buelterman addressed the correspondence he sent to the State Attorney regarding the deep well. Mayor Buelterman stated he received a letter from GEFA stating they sued the companies
involved with the deep well.
Bubba Hughes addressed the Consideration of Mediation Agreement between the City of Tybee Island and the Concerned Citizens of Tybee Island. Mr. Hughes stated the agenda package includes
the recommendations, which is all the Committee could do during the Mediation. The Objective Criteria will be the issue as which action is taken in response to the given criteria.
He continued, the recommendation is for Mayor and Council to create Standards by the end of 2018, which may be difficult to accomplish considering the Objective Criteria. Mr. Hughes
reminded everyone there was not a representative of Orange Crush at the mediation but one of the promoters would like to meet with the Committee. Ms. Doyle stated she volunteered to
be the liaison as she is the Chair of the Public Safety Committee. She also feels the Committee is the place where discussions should be held. The document was agreed upon to move
forward with looking at the Noise and Nuisance Ordinance. She stated her main concern is the number of events on the Island who work hard to complete the permitting process. Within
the permitting process are rules and regulations for their event and currently Mayor and Council are looking at both permitted and unpermitted events in the same consideration. Ms.
Doyle recommended Mayor and Council vote on the proposed recommendations so the Public Safety Committee can move forward.She also suggested the Concerned Citizens Group attend the second
City Council meeting in August to get an update from the Public Safety Committee Meeting that will be held on August 20, 2018. Mayor Buelterman asked Mr. Hughes for his recommendations.
Mr. Hughes stated one part of the recommendation is there is be at least one public forum dedicated to this topic by October 31, 2018. He continued, Mayor and Council will obligate
themselves if you adopt the recommendations to make a good faith effort to have the criteria adopted by the end of 2018. Also, to have the public forum by October 31, 2018 and to have
the Group at one of the City Council meetings each month, preferably the second meeting. This would occur every month until the criteria is done or exhausted good faith efforts to arrive
at the criteria. Mayor Buelterman would like the public forum pushed back until the details of the criteria established. Ms. Doyle responded originally the time frame was September
30, 2018. There are concerns with the dates being at the end of October as it is not a small task. She is concerned there may not be enough criteria by October 31, 2018. Mr. Hughes
expressed his concerns with pushing the date back as he would like it kept in the forefront of discussion. He suggested Mayor and Council move forward with the public forum as called
forth and work in good faith toward developing the objective criteria. Mr. Branigin concurred and stated Mayor and Council can agree to have a public forum by the end of October 2018
but there is nothing in the agreement that stipulates the content of the public forum. It could be an informational forum, forum asking for input about the criteria and all depends
on where things lie in the exploratory process. John Branigin made a motion to accept the Agreement and designate Wanda Doyle as the Council Liaison. Wanda Doyle seconded. Voting
in favor were Julie Livingston, Monty Parks, John Branigin, Wanda Doyle and Jackson Butler. Voting against was Barry Brown. Motion to accept was 5-1.
American Legion Post 154 Agreement NO ACTION TAKEN
Shawn Gillen stated staff has been tasked with reviewing twice a week pick-up for short-term rentals as compared to twice a week pick-up city wide with Atlantic Waste Services, Inc.
Dr. Gillen stated most short-term rental companies already have twice a week pick-up. Ben Wall, Atlantic Waste, approached Mayor and Council. Mayor Buelterman explained the City has
received complaints regarding once a week pick-up for short-term rentals as there is trash overflowing from the containers with insects/flies. Mr. Wall explained there are 1100 short-term
rentals on the Island and 700 single-family homes that have carts and of those 150 have twice a week service. A discussion was held regarding those management companies that do have
twice a week pick-up. Mayor Buelterman recommended that all short-term rentals that have rollout carts be mandated for twice a week pick-up from the Saturday of Beach Bum weekend through
Labor Day weekend (mid-May through 1st of September). Mr. Wall stated there are two options: (1) just for short-term rentals - $25 for one cart and $20 for additional cart for the summer
month and (2) twice a week pick-up be mandatory for all short-term rentals but not for residents. Mayor and Council concurred. Dr. Gillen stated there would have to be a modification
to the ordinance. Mr. Hughes concurred. Mr. Wall recommended the following language written into the new ordinance: “If you currently have one or more 96 gallon garbage cart for your
short-term vacation rental, you are required to get Saturday service during the summer peak hours”. Mr. Wall expressed his concerns with the recycle containers as most of the contents
are contaminated. He recommended the recyclable carts are pulled from the short-term rentals and returned after the season is over. Mr. Wall would like determinations made so they
can be implemented for next season. Mayor Buelterman concurred. NO ACTION TAKEN
Julie Livingston made a motion to adjourn to executive session to discuss litigation. Jackson Butler seconded. Vote was unanimous, 6-0.
Julie Livingston left the Executive Session.
Barry Brown made a motion to return to regular session. Wanda Doyle seconded. Vote was unanimous, 5-0.
Monty Parks made a motion to adjourn. John Branigin seconded. Vote was unanimous, 5-0.
Meeting adjourned at 9:15PM.
______________________________
Janet R. LeViner, CMC
Clerk