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HomeMy Public PortalAbout20031009CCMeeting1 1 City Council Minutes - 2003 -10 -09 Mayor Walter Parker called the October 9, 2003 City Council Meeting to order at 7:00 PM. Those Council members present were Jimmy Burke, Jack Youmans, Whitley Reynolds, Walter Crawford, Jason Buelterman and Richard Barrow. In addition, City Attorney Edward Hughes was also present. City Manager, Bob Thomson, was ill and did not attend. Richard Barrow gave the invocation and everyone recited the Pledge of Allegiance. Mayor Parker introduced candidates, Freda Rutherford, Eddie Crone, Paul Wolff, Betty McLendon and the father of candidate Mike Hosti, Ernie Hosti. Mayor Parker read letters from the American Red Cross and the Muscular Dystrophy Assn., thanking April Moore for her help recently. Because of her work, the Red Cross collected 59 pints of blood at their drive on September 18, 2003 at City Hall. And in the Fill the Boot campaign, the local Fire Department and Police Department collected more than $2500, thanks largely to April's efforts. Mayor Parker thanked April and told everyone that this proves volunteerism was alive and well on Tybee Island. Abby Burke and Lawanna Tsoulos spoke to Council concerning the playgrounds on Tybee. Tsoulos said they had formed an informal committee at the request of the City Manager, to make recommendations to update the playgrounds, which are all in bad shape. Tsoulos said they understand that some money from SPLOST is allotted to recreation over the next 5 years. She asked the Council to fmd the money now and advance it, so that the work can begin and some of the equipment purchased. Tiffany Dennis, Director of the YMCA, said she supported the project and would work with the committee any way she could. Dr. Jurgen Jestaedt spoke to Council regarding a drainage issue on his property. He thanked the Mayor and Council and all the citizens. He said before he felt at home with wet feet, but now, it feels like home with dry feet. He presented a gift of appreciation to the Mayor and Council, along with ballpoint pens. Glenda Anderson, representing the United Way, told Council she was the Chairperson for the Government Division. She gave a brief report on the United Way and said no one is immune to problems. Last year there were 35 to 40 calls for help from Tybee. Anderson said this is the first time the goal was reduced. Anderson said if not 1 1 already contributing through work or some other way, please consider contributing through the City of Tybee. Bob Thomson and Janice Elliott are acting as chairmen and will show a video from one of the agencies. Also, Anderson invited the Council to fill out an entry form for a chance to win a truck. She thanked all for their support. Cullen Chambers commended the United Way for their work. Chambers asked Council for sponsorship of a transportation enhancement grant from DOT. He said no funding from the City is being asked for, only the sponsorship. Parker asked if there was a deadline. Chambers said yes and time is of the essence because the deadline is November 3, 2003. It will take 1 -' /2 years for the funds to become available. Dennis Jones, from CEMA, spoke regarding the Disaster Funding and Hazard Mitigation Funding. He said that in Georgia, the state has mandated a countywide plan, supported by all jurisdictions. Final approval and jurisdiction adoption is to be made no later than November 2003. He gave Council a copy of the draft, inviting review and comments from officials and citizens. Jones said he would need a resolution adopted by Council, but no public hearing would be required. James Shuman asked Council for a permit to use a golf cart on the streets. He said he is handicapped and would only use the side streets and not drive on Butler Avenue or Jones Avenue except to cross over. He said he thought the City should issue permits for cart use to handicapped people and, if abused, revoke the permit. Chris Moore, a resident, said he recently moved from Peachtree City where they allow golf carts. Over 200 residents of the Island have signed a petition requesting carts being allowed Tiffany Dennis, Director of the YMCA, gave annual report on the activities of the Y. She said they have added some programs for all age groups. Dennis reported there are 709 members and 525 non - members participating in various programs, for a total of 1234 participants. She said she had 22 employees and 68 volunteers. Dennis said she could not have done all of this without her dedicated staff and volunteers. Parker commended Dennis on a great job. Betty McLendon asked for volunteers for the GED Program. Mayor Parker opened, asked for comments and closed the following public hearings, according to law. In the absence of Chairman Dick Smith, Lawanna Tsoulos, Vice - Chairman of the Planning Commission, gave the reports on the public hearings. Tsoulos presented the request for a variance for Jimmy and Billie Jean Collett at 8 N. 5th Avenue, PIN 4 -0003- 11 -001. Tsoulos said 2 1/2 feet were needed for the deck stairs, which were the only access to the second floor. The existing deck was being replaced because of rotten wood. She said PC voted unanimously to approve. Tsoulos presented the request for a variance in the side setback for Charles and Patricia Ragsdale at 210 Eagles Nest Lane, PIN 4 -4- 0019 -02 -032. Tsoulos said the encroachment was discovered on the As Built Survey. Burke asked if they had gotten permission from SEPCO to encroach on their utility easement. Tsoulos said this was an overhead easement not an underground one. Tsoulos said PC voted 7 to approve and one member was absent. The next request was a site plan to enlarge the neighborhood marina at 1315 Chatham Avenue, PIN 4- 011 -09 -010. Tsoulos said PC voted to deny unanimously because of lack of parking and impact on the neighborhood. Tsoulos asked the agent, 1 1 1 Harold Yellin, to present his client's request to Council. Yellin said he represents Jeff Notrica, owner of the property. He said they want to enlarge the marina, add 14 boat slips, widen the walkway, add a gazebo and replace the boat hoist. He said they also want to add both gas and diesel fueling capacities. Yellin said they have already filed with DNR, who requested a letter from the City, that the drawings meet local requirements. He said the ordinances have a requirement for parking for restaurants but do not for marinas. He said they plan to improve lot across the street and mark designated parking spaces. Yellin said the owners are also willing to provide a shuttle from the beachfront parking lots if necessary. He said the marina had been there a long time and is needed by boaters. Some people are not able to use the County boat landing at Lazaretto Creek because they need help, which is why these improvements are needed. Burke asked if these plans had been sent to the Corps of Engineers. Triece Zibulet, an attorney, said that the order of things is Tybee, DNR and then COE. Phillip McCorkle, an attorney for adjacent property owner Peter Hand, said Mr. Hand had suffered through all types of disregard for his rights. McCorkle said no rules had been followed. He gave Council a written report and copies of minutes to previous meetings. (Copy is included with these minutes.) He said no site plan had ever been submitted for the restaurant, and parking is a problem, the ordinance requires on site parking, not a bus service. Almost all agreed that we need the marina and most enjoy going to the restaurant, however, they also agreed that parking was a big problem. Peter Hand said he was glad AJ's is there. He said they have even parked in his driveway at times. Renti Painter said the marina is private not public. George Powers said he has been on Tybee all of his life and has never complained, even though people park in his yard. Harvey Ferrelle said the Back River is our back yard and we should treasure it. AJ's and the marina are part of our life and we need to work together. Tsoulos presented the request for J.P.Evans for a minor subdivision of 1 lot into 2 lots at 4 2nd Avenue, PIN 4- 0003 -17 -013, in addition, a reduction of lot size. Tsoulos said the 2 lots would be 283 sq. ft. shy of the requirement. The PC voted 7 to deny, with 1 absent. Mr. Evans said he is asking for lot size reduction under Ord. 3 -030 and said he can meet all requirements. He said these lots would be larger than all the other surrounding lots except 1. He said he had met with Jane Coslick, an adjacent property owner, regarding drainage problems in the area. Coslick said she wanted to be a good neighbor, but she was afraid when these 2 lots were built upon, the current problem would get worse. Coslick asked the City to add another drain because one of the existing drains has been covered by dunes. Coslick also asked the Council to make sure any future owners would have to comply with the approved drainage plan. Missy Heriot said she was thankful for renourishment but the area still floods. Heriot also asked for the City to repair the drainage. Tsoulos then presented the request for a setback variance and waiver of the sprinkler requirement for Peter & Stephanie Calandruccio, at the corner of Naylor and Carpenter Streets, PIN 4- 0020 -05 -001. Tsoulos said Calandruccio request to build a detached duplex and waive the sprinkler requirement because of building materials. The PC voted 6 to 2 in favor. Tsoulos then asked Mr. Calandruccio to present his building concept to Council and answer their questions. Calandruccio said that a sprinkler was not needed because the materials that would be used were reinforced concrete, and steel. He 1 1 1 said he was saving the oak trees and the bay windows were needed for ventilation on his solar system, as they were not installing air conditioning. Mayor Parker opened the meeting for business legally presented. Burke motioned to approve the proclamation for World Population Awareness Week, Crawford seconded. Vote was unanimous. Council asked Chief Price, Bob Thomson, and Edward Hughes to make recommendations on the use of golf carts. Hughes said people would have to have a license to operate on city streets. Reynolds motioned for approval for variance for Collett, Buelterman seconded. Vote was unanimous. Crawford motion for approval for variance for Ragsdale, Burke seconded, with condition that SEPCO approves. Crawford accepted the condition. Vote was 5 for approval and 1, Reynolds, abstained. Youmans said he would like to know how this happened. Anderson said he has initiated a new procedure to prevent this in the future. He will get a measurement at the time of the footing inspection. Burke motioned to send the site plan for the enlargement of the marina back to the Planning Commission for a more detailed parking plan. Crawford seconded. Youmans said it was always just a neighborhood marina but it has gotten bigger. Crawford said he wasn't aware of any problems until tonight and he would like to take a closer look. Vote was unanimous. Crawford motioned to deny the subdivision for Dabit. Buelterman seconded. Barrow asked if he could go back and redesign. Vote was 4, Burke, Crawford, Buelterman and Barrow, in favor of denial, 1, Youmans, opposed, and 1, Reynolds, abstained. Crawford motioned to approve variance and waiver for Calandruccio, Buelterman seconded. Youmans said he did not have a problem with the variance for the bay window, but did have a problem with the waiver for the sprinkler. Calandruccio said this is a unique situation in that all building materials are non - combustible. Dee Anderson said he and Chuck Bargeron saw no problem with this design. Vote was 5, Burke, Youmans, Crawford, Buelterman and Barrow, for approval and 1, Reynolds, abstained. Crawford motioned to approve minutes for the September 25, 2003 meeting, Youmans seconded. Vote was unanimous. Hughes said he has a resolution for approval for a quitclaim deed to transfer City property to James McCusker. Hughes said after an appraisal, the fee for this property is $3050.00. Crawford motioned for approval, Burke seconded. Vote was 5, Burke, Youmans, Reynolds, Crawford and Barrow, for, and 1, Buelterman, opposed. Hughes said he also has a resolution for Brooks Haymans for transfer of property for an easement. No money is involved, said Hughes. Crawford motioned for approval, Burke seconded. Vote was unanimous. Hughes said that a Council member had requested to amend the Tree Ordinance so that if a tree is causing damage to a structure, there will be no charge to remove it. He said he did not have the wording yet so there could not be a first reading. He said the first reading would be at next Council meeting. Crawford said he hoped everyone had a chance to drive sown Solomon Avenue by now. He asked for comments from citizens to let us know if they liked the rock or not. 1 1 1 Buelterman said he believed the shortage in the budget for the Marine Science Center was an oversight and the City had the money from a grant to make the adjustment. Buelterman motioned that the City make a budget adjustment of $40,000 that was discussed at the last meeting to the Marine Science Center, Crawford seconded. Youmans said we never agreed to give the MSC $65,000 every year. Burke said the MSC got the money from a previous Council and it was not put in this budget. He said they assumed the money was there. Buelterman agreed that this was a one -time thing and this would not set a precedent. Vote was unanimous for approval. Burke said since City Manager, Bob Thomson, was ill and not at the meeting, he would like to postpone the discussion of the crossovers. Burke said he would recommend including money for the playgrounds and recreation in the new budget. Burke motioned to hire a city planner, Crawford seconded. Crawford said the City talked to Bill Saxman at one time and suggested Thomson contact him. Reynolds said we need to be specific, is he going to be full or part time, a consultant under contract, what his goals are and strategies. Buelterman said we need a deadline. All agreed that the City Manager is to have a list of possible candidates by the November 13, 2003 meeting. Vote was unanimous. Reynolds motioned for approval on 2nd reading to amend Sec. 5 -140 to require drainage plans on all building permits, Crawford seconded. Vote was unanimous. Youmans motioned for approval of amendment to Sec. 4 -050 on 2nd reading, Crawford seconded. Buelterman said this had a negative impact to businesses and strongly urged Council not to approve. Reynolds said this had become a political decision. He said he voted in favor on 1st reading but now he thinks we need to settle down and look at this a little closer. Burke said that all this amendment does is to bring things back to where they were. Youmans said some of the property owners asked him to change it back, not the renters. Buelterman said it was not a political issue but had the potential of having no businesses in the C -1 District but having only condos. Pam O'Brien urged the Council not to make any changes until a planner could be hired. She said we need to have businesses in the business district, the current ordinance provides for residential use when there is business use on bottom floor of structure. Youmans said we are not losing businesses; they are opening on Highway 80 everyday. Cullen Chambers asked where is the public mandate for change. He said people make political contributions and expect something in return. How many "Mom & Pop" business owners are in favor of this change? Youmans said he has not accepted a single contribution and didn't appreciate that remark. Chambers apologized and said it was not directed at anyone in particular. Henry Levy also urged Council to keep business as business. Crawford also said he took offense to the remark implying he received contributions for a reason. Chambers apologized again. Crawford said in response to Chambers and O'Brien, the previous Council did not talk to property owners or consult with a planner, before they made the changes in the C -1 District. Barrow said he hoped we had a planner before he left and suggested we leave this issue as is until a planner is on board. Burke said this was made wrong two years ago and this change will make it right. Reynolds said he would like to modify the motion contingent on review by a planner. Youmans said he would accept modification. Buelterman asked how the PC voted. Tsoulos said 8- 0, unanimously in favor. Buelterman said he would like to send the Planning Commission minutes back to reflect this. Hughes said this amendment would have to 1 1 be in the form of a separate motion. Vote for the original motion as is on 2nd reading was 4, Burke, Youmans, Reynolds and Crawford, and 2, Buelterman and Barrow, opposed. Reynolds motioned that the first task for the planner is to study the area on Tybrisa Street East of Butler, the Strand South to 17th Street, and make recommendations, Crawford seconded. Vote was unanimous. As there was no further business, the meeting was adjourned. Clerk of Council Mayor Walter W. Parker