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@ @ITEM 2004 -01 -08 City Council Minutes
Mayor Walter Parker called the January 8, 2004 City Council meeting to order
and welcomed the new, old and returning Council Members. Council members attending
were Jason Buelterman, Eddie Crone, Jack Youmans, Shirley Sessions, Mallory Pearce
and Paul Wolff. In addition, City Attorney, Edward Hughes and City Manager, Bob
Thomson, were in attendance.
Chuck Bargeron gave the invocation and everyone recited the Pledge of
Allegiance.
Catherine Floyd spoke to Council regarding a memorial for her brother Chip
Williams. She said he was an employee of the City for 17 years in the Public Works
Department. He died on December 4, 2003. Floyd said she would like to place a bench
in the Park of 7 Flags in his memory and all of the necessary funds have been donated.
Parker asked Thomson if there was a place for the bench and Thomson said yes. Parker
thanked Mrs. Floyd and told her Council would take it up at the proper time.
Lawanna Tsoulos addressed Council regarding the Inaugural Ball. She said the
Ball would be held on February 14, 2004 at 6:30 PM at the American Legion. Tickets
are $20 per person and dress is Tybee Black Tie. She invited everyone to come.
Kathryn Williams gave a brief update on the Tybee Beautification Committee.
She said The Adopt a Highway Clean-up for Highway 80 would be held on Saturday,
January 10 at 9:00 AM. She said she would like to invite all who wanted to participate to
meet at the Tybee Sign.
Michael Sullivan spoke on behalf of the Tybee Village Merchants. He gave the
Council members a handout with the information the merchants wanted Council to be
aware of. (Copy of this handout in information folder) He said that garbage pick -up,
lighting, general clean-up and plantings had been issues. He had met with the City
Manager on June 19, 2003 and as a result, they had new garbage cans, merchants have
begun to paint and clean up their businesses. Sullivan said there are 3 main objectives.
1. Remove the drug traders — some have been identified to police
2. Discontinue licensing vendors by the pier for special events
3. Making the area business only
Sullivan said a good business district is essential and we nee to make it known to the
planners when they come aboard.
Henry Levy said he sent a Vision of Tybee to each Council member. Levy said
he hoped this Council would take some action on our long -range plan. Levy said the first
thing to address is a parking garage. He added we really need more parking before we do
anything else in the business area.
Richard Kautzman said he did not agree with the City Attorney's determination
that the project at 201 Butler Avenue met the 80% buildable requirement or the drainage
requirement. Kautzman said he would like a copy of the plans so he could take them to
his engineer for review. The City Attorney, Edward Hughes, said he could not give legal
advice to Mr. Kautzman. Kautzman said he understood that but that he wanted to know
what his options were. He said the plan went from 20 units to 40 units and a shopping
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center. Mayor Parker told Kautzman to put his requests in a letter to the City and we
would answer his concerns. Shirley Sessions asked who was he to address it to. Parker
said to address to him.
Mayor Parker opened the meeting, asked for comments and closed the following
public hearings as required by law.
Dick Smith, Chairman of the Planning Commission, presented a request for a
minor subdivision of a detached duplex for Jay Barnes at 133 & 133A Lewis Avenue,
PIN 4- 0016 -03 -022. Smith said PC approved the request. Sessions asked if this was the
project that initiated the zoning change. No, that was another subdivision on the same
street, answered Youmans. Sessions asked why this wasn't done before. Smith said the
plat was never registered at the Court House. Anderson, Zoning Administrator, spoke
and said it never went before Council for approval and that's why they are here tonight.
Wolff asked if it met the fire codes. Bargeron said yes, both sides were sprinkled. Pam
O'Brien asked if it met the square foot requirement. Bargeron said yes.
Smith presented the request for 3 separate variances for Gregory Hopkins at 4 18th
Street, PIN 4- 0008 -05 -104. Smith said that the 3 requests were a 15 ft. wide driveway
enlargement, a 3 ft. railing on the roof and stairs in the rear setback. The PC voted to
approve the driveway addition and the rear stairs, but voted to deny the height variance
for the railing. Pearce asked why ask for variance now after the house is built and not
before. He also asked if the driveway was permeable. Hopkins, the owner, said the
driveway was brick and they had drilled holes every 8 inches all the way through to the
sand for the water to drain. Hopkins said he was unaware of any problem until
November and it was a difference in interpretation of the plans. Bargeron said he had
talked to the architect and he thought the plans showed an area as open, when in fact, it
was paved. Keith Gay said that he felt parking was a problem and this would handle the
parking for this structure. He said the bricks are esthetically pleasing and much more
appealing. Pearce said bricks were masonry, would Mr. Hopkins agree to take them up
and replace with a permeable surface. Hopkins said he would rather not. Sessions
addressed the stairs in the rear setback and asked why were they needed. Hopkins said
his insurance carrier advised him to install the stairs for safety reasons, as well as the
railing on the roof. Hopkins said the roof is very slippery when wet and you have to go
up there to service the mechanicals. Youmans said the drawing shows the mechanicals
are not inside of the railings.
Smith presented a variance to the Shore Protection Act for a dune crossover for
Dr. Gail Banas at 5 Shipwatch Lane, PIN 4- 0021 -17 -011. Smith explained that City of
Tybee has to give a variance before DNR can consider the request. He said the PC
approved the request.
Smith presented the request for a variance of 4 ft. in front setback for stairs for
Ron Navon at 605 6th Street, PIN 4- 0015 -01 -006. Smith said the PC approved the
request. Pearce asked for more detail on why. Gary Sanders, architect on the project,
said he and Bargeron interpreted the 200 ft. average differently. Sanders said there would
be a drain along side of the drive. Wolff asked if the owners would be willing to use a
permeable product for the drive. Sanders said he thought they would and he would try to
get them to agree.
Smith presented the request for a variance to the Shore Protection Act for a
handrail along a walking easement for Henry Weisman and Martin Amlung at 1111C
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Bay Street, PIN 4- 0021 -16 -088 & 4- 0021 -16 -089. Smith said the PC approved the
request. Anderson said the petitioners have to have a letter of approval to take to the
DNR.
Mayor Parker opened the meeting for business legally presented.
Buelterman motioned for approval of the 12 -11 -03 minutes, Sessions seconded.
Vote was unanimous. Buelterman motioned for approval of the minutes, with
corrections, of the 12 -17 -03 meeting, Pearce seconded. Vote was unanimous. Crone
motioned for approval of the minutes of the 12 -30 -03 meeting, Wolff seconded. Vote
was unanimous. Buelterman motioned for approval of the minutes of 1 -2 -04,
organizational meeting, Crone seconded. Vote was unanimous.
Pearce motioned to appoint Jason Buelterman Mayor Pro Tem, Crone seconded.
Vote was unanimous.
City Attorney Edward Hughes asked Council to give him and the City Manager
the authority to negotiate with Dr. William Rhangos and come back to Council. This
property is marsh and Dr. Rhangos' property is near the Pearce Nature Trail, and will
allow for easier access. Pearce motioned for approval, Wolff seconded. Vote was
unanimous.
Wolff presented a plan for 4 -year staggered terms for Council members to send to
the Legislature so that it can be on the November Ballot. He said this would require the
Mayor to receive a majority of the votes or face a run -off. Mayor Parker asked why a
runoff for Mayor Wolff said he hoped this would discourage nuisance candidates.
Youmans said this has come up before with a previous Council, and we decided to stay
with 2 -year terms. Pat Locklear said Tybee is a transient place and 2 -year terms are
logical. Locklear said we need to have public hearings and get the citizens input. Wolff
agreed. Pearce motioned to hold public hearing at the 1 -22 -04 Council meeting and in
February, Sessions seconded. Sessions added that this will be similar to a town meeting
and asked everyone to let Council know how he or she felt. Vote was 5, Wolff, Sessions,
Buelterman, Crone and Pearce, for approval, and 1, Youmans, opposed.
Mayor Parker said we had a resolution for the restrictions of public water rights
sales and permits. He said other municipalities had adopted this. Sessions motioned for
approval, Buelterman seconded. Vote was unanimous.
Mayor Parker asked for approval of a Proclamation for January's being Blood
Donor Month. Sessions motioned for approval, Buelterman seconded. Vote was
unanimous. Mayor Parker also recognized April Moore for her hard work in making the
last 2 donor days as the best we have had in a long time. Sessions asked that we honor
April with a certificate or a plaque for her diligence in making the recent blood drives so
successful. Mayor Parker said he would take care of that.
Pearce motioned for approval and Buelterman seconded for approval of Alcohol
Beverage Licenses for the following:
Sweet Dreams Pavilion — Morrison — Tybee Pier
Alexander Beverage Center — Alexander —1515 Butler Ave.
American Legion Post 154 — Kindrick —10 Veterans Dr.
Spanky's Beachside — Yarbrough —1605 Strand
Skipper's — Vonashek —1508 Butler Ave.
Chu's Conv. Mart #101 — Jung — 306 First St.
Chu's Conv. Mart #102 — Jung —1603 Inlet Ave.
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Blue Sky Cafe — Bentley — 15A Tybrisa St.
Sundae Cafe & Deli — Carpenter — 304 First St.
Las Palmos Rest/Upper Deck — Wilcoxon — 402 First St.
Fannie's on the Beach — Orr —1613 Strand
Tango's — Savell —1 l06 Hwy 80
Scandals — Burnsed —1518 Butler Ave.
XYZ Liquors — Jung — 302 First St.
Vote was unanimous. Pearce motioned for approval of the Alcohol Beverage License
except the Sunday Sales for Tybee Time — Kellam —1603 Strand, Buelterman seconded.
Vote was unanimous.
Pearce motioned to approve placing a memorial bench for Chip Williams in the
Park of 7 Flags, Buelterman seconded. Vote was unanimous.
Buelterman said he agreed with Michael Sullivan that Tybrisa Street needs some
revitalization. Thomson said that he had contacted 4 planning firms and they will present
their qualifications at the next Council meeting, January 22, 2004. Thomson said all of
these firms are qualified in all areas of planning, traffic control, landscaping and zoning,
just to name some. Buelterman said by the first meeting in February, we should have
some short-term goals for lighting, garbage and street sweeping. Sessions said Thomson
should get the list from Sullivan. Sessions said one thing she would to see improved is
the signage at the entrance to the beach. She said they need to be lowered and maybe
raise the lettering to make it stand out more and easier to read. Thomson said he would
take of it.
Pearce motioned to approve advertisement for a public hearing on the Cl Zoning
District for not allowing multi - family structures in certain areas, Wolff seconded. Wolff
said he thought it should go back to the Planning Commission first. Pearce accepted the
amendment to the motion. Vote was 5, Wolff, Sessions, Buelterman, Crone and Pearce
for approval, and 1, Youmans, opposed.
Wolff motioned for approval to send property owners a survey to fmd out what
the citizens felt was important. He wanted to know what the other Council members
thought. Sessions seconded. Vote was 5, Wolff, Sessions, Buelterman, Crone and
Pearce, for approval and 1, Youmans, opposed.
Crone motioned for approval for the minor subdivision at 133 & 133A Lewis
Ave. for Barnes, Buelterman seconded. Vote was 5, Wolff, Youmans, Buelterman,
Crone and Pearce, for approval, and 1, Sessions, opposed.
Pearce motioned for approval for the additional width on the driveway, contingent
on removing the bricks and replacing them with a permeable product for Hopkins at 4
18th St., Wolff seconded. Vote was 4, Wolff, Buelterman, Crone and Pearce, for approval
and 2, Youmans and Sessions, opposed. Buelterman motioned for approval of the stairs
in the rear setback, Crone seconded. Pearce and sessions agreed that there was plenty of
room to build the stairs within code. Youmans said this was another case of build and
then ask for permission. Vote was 4, Youmans, Buelterman, Crown and Pearce, for
approval and 2, Wolff and Sessions, opposed. Buelterman motioned to deny the request
for a height variance, Pearce seconded. Vote was unanimous.
Wolff motion for approval for variance for a dune crossover at 5 Shipwatch Lane
for Banas, Pearce seconded. Vote was unanimous.
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Crone motioned for approval of the variance for 4 ft. in the front setback at 605
6th St. for Navon, Pearce seconded, with an amendment for the architect to work with
permeable products. Crone accepted the amendment and the vote was unanimous.
Wolff motioned for approval for the handrail along the walking easement at
1111C Bay St. for Weisman and Amlung, Pearce seconded. Vote was unanimous.
Wolff said that water conservation was a serious issue. He said that Tybee was
almost at our limit and to go over that limit would cost the City up to $25,000 per day.
Wolff said we need to stop setting separate meters for irrigation, and put in shallow wells.
We already have an ordinance that will refund the cost of the meter to those who change
to wells. We can give folks a rebate on their water bill. Parker asked Hughes if this
could be done and Hughes said he would look into it because of our bond. Wolff said we
could put showers by the entrances to the beach and public restrooms on wells. Bill
Lovett with HGB &DeY said it was doable. Wolff said he would follow up on this.
Thomson said he contacted someone who would drill the wells. Wolff said we could
require new construction to install low flow toilets and citizens could put a milk jug or
brick in the older toilets to reduce the amount of water. Parker said if you turn off the
water while brushing teeth, you would save. Wolff said we could have a flat rate for
those people who only use the average amount or less and charge people who use more, a
higher rate. Jim Klutz asked if there would be public hearings. Keith Gay said we could
ask renters to put signs in their units, urging visitors to conserve.
Buelterman said he had been trying for several months to get the underwater
hazards at North Beach removed and signs put up warning swimmers of the these hazards
until they are removed. He said these are very dangerous, and there are still no signs or
plans. Mayor Parker said he would talk to some people when he goes to Atlanta for
Mayor's Day later this month. Thomson said we have the signs and are waiting on the
low water mark to put them up. Henry Levy said we need better signs directing people
where the hazards are. Parker asked Levy if he would be willing to help. Levy said he
would be glad to.
Sessions said she wanted to talk about the gym project. She said in 2001 we
asked the people of Tybee, on a referendum, if they wanted a gym and they said no. And,
here we are, building a gym. She asked where the money was coming from. Sessions
said she didn't feel comfortable building the gym and not knowing how we're going to
pay for the maintenance and upkeep. Some have suggested we turn it into a convention
center with breakout rooms, for which we also have no funding, she said. She also said
that it is the general consensus that the YMCA would be running it and receiving the
revenue for it. Youmans said the money is there in SPLOST and the Gym Fund.
Sessions asked for documentation of the SPLOST fund. Youmans said the money from
rental spaces on the water tower goes into the Gym Fund. Youmans said it was not
turned down by voters; what was turned down was to add a tax to build a pool and gym.
Buelterman said he would like to hold a public workshop and hear what the public wants.
Buelterman said we stand to loose more than $400,000 if we stop it now. He said we
need to make the alterations, if we're going to make them, in a timely manner so that no
penalty would be incurred. Sessions said we're doing what we tell the citizens not to do
— build and ask for forgiveness later. She said most Y's have their own gym. Why can't
we negotiate with them to take this on, finish the building and we could lease them the
property. Youmans said we have had many meetings about the gym in the last 8 years.
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Pearce asked if any were opposed to having workshops. Bill Lovett said we have
materials that are here or on the way. He said we have 20 sub - contractors who have
ordered supplies. He said if we stop now, the loss would be substantial. Sessions asked
what the cost would be to change the plans. Lovett introduced Frank Pennington who is
in charge of this project and Pennington said any change would be costly. He said there
is enough room to expand to the Library. Sessions asked about parking. Parker said
conventioneers would probably be shuttled. Wolff asked what the cost would be for a 30
to 60 day shut down. Lovett said would be between $15,000 and $25,000. Sessions
asked what would the cost be to just quit. Pennington said the cost would include the
floor system, bricks and steel. He said then you have to notify the electrical contractor,
plumbing contractor and HVAC contractor; and they have all ordered equipment.
Buelterman said he had voted against the gym before and he would like to make a motion
to hold a public hearing and invite an expert on what conventioneers look for in small
towns. Pearce seconded. Sessions asked to amend the motion to approach the YMCA to
see if they would be interested in taking over the project, incurring all future cost from
building and maintenance and operation, and the City negotiate a lease arrangement on
the land Buelterman accepted the amendment. Vote was 4, Buelterman, Pearce, Wolff
and Crone, for approval and 2, Youmans and Sessions, opposed.
Thomson said he would like to form a Community Audit Committee of 5 to 7
members. This committee would provide information to the citizens as to where money
is spent and for what. The main purpose is to regain the trust between the citizens and
the City Officials and the City Staff. Pearce motioned for approval, Wolff seconded.
Vote was 5, Wolff, Sessions, Buelterman, Crone and Pearce and 1, Youmans, opposed.
Hughes said we needed to vote on the 2nd reading of Section 2 -4 -51— Retirement
Plan, to add the Human Resource Director to the Pension Committee. Buelterman
motioned for approval, Pearce seconded. Vote was unanimous.
Pearce motioned to adjourn to Executive Session to discuss litigation and real
estate, Sessions seconded. Vote was unanimous.
Pearce motioned to reconvene to regular session, and Sessions seconded. Vote
was unanimous.
As there was no further business, Mayor Parker adjourned the meeting.
Clerk of Council
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Section 200 -10 -1 CREATION AND COMPOSITION
There is hereby created a Pension Committee which shall be composed of the following:
a. City Attorney or other attorney appointed by the Governing Authority.
b. City Clerk and City Manager.
c. Two (2) Employee representatives elected annually by the Participants.
d Two (2) appointed members of the Governing Authority.
e. Human Resource Director
(2004 -01, Amended, 01/08/2004, Amended section to include Human Resource Director to Pension Committee.)
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I do solemnly swear that I will faithfully perform the duties of the Mayor of the City of
Tybee Island and that I will support and defend the Charter thereof as well as the
Constitut�n and la e of t'eorgia and of the United States of America.
alter W. Parker
Administered the 2nd day of January 2004.
A
Judge Ronald Ginsberg
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I do solemnly swear that I will faithfully perform the duties of the Attorney of the City of
Tybee Island and that I will support and defend the Charter thereof as well as the
Constitution and laws of the State of Georgia and of the United States of America.
Edward M. Hughes
Administered the 2nd day of January 2004.
Judge Ron Id Ginsberg
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I do solemnly swear that I will faithfully perform the duties of the Judge Pro Tem of
Municipal Court of the City of Tybee Island and that I will support and defend the
Charter thereof as well as the Constitution and laws of the State of Georgia and of the
United States of America.
William Dowell
Administered the 2m1 day of January 2004.
Judge Ronald Ginsberg