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HomeMy Public PortalAbout20051208CCMeeting1 1 Meeting of 2005 -12 -08 City Council Minutes Mayor Pro Tem Jason Buelterman called the December 8, 2005 Consent Agenda Meeting to order at 6:30 PM. Those present were Council Members Eddie Crone, Mallory Pearce, Shirley Sessions, Paul Wolff, and Jack Youmans. In addition, Edward Hughes, City Attorney, and Bob Thomson, City Manager, were also present. Mayor Pro Tem Buelterman asked about the Alcohol Beverage License Renewals. There was some discussion as to the payment of the Excise Tax and if it had been paid by all of the businesses. Thomson said some had not paid but it was not due until the 20th of the month. It was agreed to include these on the consent agenda other than the American Legion as Youmans asked to hold this one until the meeting. Hughes said they should be itemized in the meeting' s minutes and noted as to which businesses included the entertainment license. The next item was the Minutes for the November 10, 2005 City Council Meeting. Wolff said he had two corrections. They were on page 2 and page 6. The next item was approval of the 2005 Election Results. All agreed. There was some discussion on naming a street for Mayor Walter Parker. It was agreed to investigate options and put it on the agenda for the first meeting in January 2006. As there were no other items, Mayor Pro Tem Buelterman adjourned the meeting. Mayor Pro Tem Jason Buelterman called the December 8, 2005 Tybee Island City Council meeting to order at 7:00 PM. In addition to Buelterman, those present were Eddie Crone, Mallory Pearce, Shirley Sessions, Paul Wolff, and Jack Youmans. Also present were City Attorney Edward Hughes and City Manager, Bob Thomson. Buelterman read a letter from Mayor Walter Parker, who was in North Carolina at the National League of Cities Conference. Buelterman said that Mayor Parker was working to get a resolution for the beach nourishment on the agenda for Congress. He said that he had talked with Parker and that the effort had been successful. Richard Barrow gave the invocation. Everyone recited the Pledge of Allegiance to the Flag. Buelterman announced that the City would recognize Mayor Parker on January 28, 2006. He said the details would be worked out and released as soon as possible. Buelterman said that everyone knew that Council Member Jack Youmans had chosen to retire after this term. He read a Proclamation naming December 10, 2005 as Jack Youmans Day on Tybee Island. He said that a reception would be held on that day at the Youmans - Solomon Center. Buelterman said that Youmans had been a great help to him when he first was elected and would miss him. Buelterman announced the Employees of the Month for October 2005. He said that it was hard to choose just one and the decision was made to award this to an entire department. He said the Building Maintenance Department employees were Jimmy Brown, Larry Barber, Billy Burke, and Bill Sikes. Buelterman said we appreciated all of the hard work of these long time employees and everything they had done. He presented each with a Certificate of Appreciation. Jackie Brown, former City Clerk, told Council that she had received a letter from Susan Pruett, who is Page 1 of 13 1 1 1 with the GMA, stating that the GMA did not get involved in local issues. She said she had questioned employees campaigning against a candidate previously and was told that the ordinance had not been violated. Brown said not only was the information handed out at a meeting but had appeared in the recent edition of the Tybee Breeze. She said the City had already made the decision that nothing would be done and that she felt all of the Tybee Ordinances will not be worth anything. Brown also questioned the practice of awarding contracts for the City. She said Council is supposed to approve all contract and this was not done in the case of the Gulick Street crossover contract. Brown said she attended the bid opening and asked if she could attend the committee meeting when the bids were reviewed. Brown said Mrs. Woods told her that meeting was closed and she could not attend. Brown said no meetings were closed except for three reasons by the Council. She said it had been given to an out of town company. Brown said her son was one of the bidders and he had received a letter stating that the contract had been given to Entech from Florida. Brown said if this contract for $56,000 has been awarded that Council doesn' t know about, what else has passed. She said it worries her. Brown quoted the City Charter regarding awarding contracts. She said contracts are to be reviewed by the City Attorney and signed by the Mayor. She further stated that she was told that one Council is not bound by the actions of a previous Council, and she guessed that is why her son' s agreement with the City is not being honored. Brown said he was told that he would build the crossovers on Gulick Street and at North Beach in 2003. In 2004 he built two other crossovers. She said that what the City is doing is illegal according to Georgia Law and the Tybee Charter. Sessions said they did have something on the agenda for tonight. Brown said the contract has already been awarded so it is not the contract approval and the five bids are not included in the packets. Buelterman asked if the contract has been awarded yet. Hughes said Brown was correct in that only Council can approve contracts over $10,000. Brown asked what about the letter that went out. Hughes said he felt that the letter had been inappropriately worded. Youmans said if the Finance Director is asking for a budget adjustment tonight, why wasn' t the contract approved at the last meeting. Thomson said all of the bids were above the estimated cost that was in the budget. Youmans asked why the adjustment and the amount in the budget totaled the amount of this bid. There was discussion about the process of selecting a contractor and recommendations by staff to Council. Buelterman said there would be more discussion when the budget adjustment was discussed later. Tiffany Dennis, Director of the YMCA, gave Council a brief review of the 2005 year' s activities at the Y. She said she also had give Council an outline of projects for 2006. (Copy is included in the meeting folder.) Sessions asked when our contract was up for review. Dennis said a new contract was just written about a year ago but it could be discussed any time. Earl Schaeffer said he wanted to talk about discrimination on Tybee Island. He said his home owners insurance was cancelled and he has not been able to obtain any other coverage because he lives on Tybee. Schaeffer said the Council needs to write a letter to Insurance Commissioner Oxendine and complain about no available insurance to the residents here. He said it is unfair and if we can' t get insurance then no one should. Schaeffer said South Carolina has a law that prohibits this practice by insurance companies and we should contact our legislators about getting one in Georgia. Buelterman said he would meet with Schaeffer and write a letter to Oxendine. Joel Solomon and Gene Kindrick were both on the agenda but have either postponed or withdrawn. Paul DeVivo, representing the Cultural Development Committee, submitted a proposal to change the name of the Committee to the Special Events Committee, setting the number of members to ten, and approve the by -laws that the Committee had written. (Copy of these by -laws is included with the minutes.) Sessions asked if the mission statement was the same as the original. DeVivo said they had removed two words, but basically it was the same. Katrina Murray, of the Tybee Tourism Council, told Council that they had a copy of the 2006 Marketing Page 2 of 13 1 1 1 Plan, as well as the 2006 Budget. She said the Council felt that Tybee had a remarkable year. She said the tax revenue increased about 16% this year. Sessions asked about our contract with the Savannah Chamber of Commerce and if we were supposed to get the marketing plan and budget from them. Hughes said, in his opinion, we were supposed to get that information from the Savannah Chamber since our contract was actually with them and not the Tourism Council. Murray said that she understands we are working under a contract that was dated 1996. She said the Savannah Chamber and the Tybee Tourism Council are both willing to work up a revised contract with the City. She said this was started several years ago but net completed. Wolff said he had talked to Bill Hubbard with the Savannah Chamber regarding our concerns. He said the information is being given to the Tybee Tourism Council and we need them to copy the City, so that we will know what steps are being taken. Sessions said she would like to see more information presented at Council meetings to keep the City informed. Murray agreed and said she would. Sessions also said that there is a representative from Council on the Committee as well as the City Manager, as voting members. Murray said that member is Jack Youmans and that Paul Wolff had been attending the meetings this year also. John Major, representing the Tybee Neighborhood Assn., thanked everyone for participating in the pre- election forum. Major outlined some of the major issues the City is facing. He named development, density concerns, the moratorium and what will be the outcome, the C -1 issues, and the Master Plan update as just a few. Major said the Master Plan needs to be updated and the ordinances should reflect this plan. He invited everyone to attend their next meeting on January 5, 2006 at 7 PM in the cafeteria. Crone said they shouldn' t forget people' s property rights. Richard Barrow said he understood that the item for 211 Butler Avenue has been taken off of the agenda tonight. He said he would like to talk about it anyway as he had someone who had done a lot a work on this issue and wanted him to share his information. Barrow said Bill Saxman had worked for the MPC for 40 years and knows a lot about codes and ordinances. He said that they had found that this site plan was wrong in that there should be a 150 ft. distance between driveways and a federal highway. Saxman said there are several conflicting ordinances in Tybee' s code. He listed several he said he had found. (A copy of his report is filed in the meeting folder.) Barrow said all he ever said he wanted was for Council to follow the ordinances. Mary Ann Bramble said that the Zoning Department needs to know all of the ordinances from the County, State, and Federal codes. She asked Council to look into these ordinances before approving this request. Mark Williams, Director of the Water /Sewer Department, told everyone that the contractor was ready to start connecting residences to the new water line. He said they would start next week and work from 17th Street toward 12th Street. Williams said there will be air in the lines for about a week and the water may appear cloudy. He said if anyone has any questions, please call and they will send someone out and check the water. Henry Levy told Council that the City had been working on the ordinances for a long time and an expert comes in and tells us what is wrong in one month. Hughes said the codes and ordinances are a continuing process. Hughes said the recodification should be ready for our review by February 2006. He said the attorney that was working on this is no longer with Municode and he talked to a new attorney and he is trying to catch up. He said this is more of an editorial process and some of it will have to be voted on. There will be hearings, with public input, on those items that would require it. Wolff said when this is completed, the code will be on the website and updated as changes are approved. Buelterman announced that the Beach Task Force meeting has been changed to Wednesday, December 14'h at 9:00 AM. He said this is a one -time change and the meeting will be held at City Hall. Buelterman said he, Mayor Parker, Burke Day, and several members of the Beach Task Force will be attending a meeting at the Georgia Ports Authority to ask for money for our beach nourishment on Sunday, Page 3 of 13 1 1 1 December 11th at 3:30 PM. Mayor Pro Tem Buelterman opened the meeting for Public Hearings, asked for comments, and closed the hearings as required by law. He said the hearings would be voted on as they were presented. Buelterman said he would begin with items brought up by some of the visitors. He opened the meeting for business legally presented. Pearce motioned for approval of the entire package for the Cultural Development Committee, Sessions seconded for discussion. She said this Committee has done a good job and it is a good diverse group. She said since this Committee was established, the dynamics within the City has changed. We now have the staff to take care of special events and there has been some mis- communication between the Committee and the City Staff on some events. Sessions said she thought the Tourism Council, along with City Staff could handle the special events now. She suggested a sub - committee. Youmans said we have about ten or twelve committees and they all come before us with recommendations for us to approve. He said we were elected to look at things ourselves and make the decisions. Wolff said he agreed and they should involve Jason Nobles in the planning stages. He said the members could be approved by the Tourism Council and Murray could present the items to Council when she gives her report, which he would to have on a monthly basis. Buelterman asked Pearce if he wanted to withdraw his motion and Pearce said he would entertain an amendment if anyone had any specifics. Sessions said she thought she had been specific in that this committee would be a sub - committee to the Tourism Council. She said then the Tourism Council would have more control. The vote was 4, Youmans, Buelterman, Crone, and Pearce, in favor of the changes, and 2, Wolff and Sessions opposed. Sessions asked if everyone understood the by -laws and that this committee would be making the decisions as to the venders and were taking the Council out of it. Youmans said he recommended that Nobles be appointed to represent the City to the Chamber of Commerce. Hughes said anything over $10,000, under the procurement policy, has to be approved by Council. Hughes said Council has to approve all contracts. He said the bids go out, come back in, a recommendation is made, and has to come to Council for approval. Buelterman asked by the budget adjustment coming for approval, is that the same as approving the contract. Hughes said no, unless that is what is put in the minutes that is what is being done. Youmans said, in the future, let' s approve the contract before we approve a budget adjustment. Wolff said he did receive a letter with all of the bids and a list of the bidders and the bids are included in the packet. Sessions said she would like to see the recommendations initialed by the department head, City Manager, and Finance Director, which would indicate that all procedures were followed. Buelterman suggested that this be put on the Action List. Buelterman asked what we were going to do about the issue regarding project at 211 Butler Avenue and the concern Richard Barrow brought up about the driveway. Hughes said the site plan was approved at the last meeting. He said the applicant had asked for it to be pulled from the agenda due to some mis- communication from the DOT. Hughes said they are entitled to be here and present their side. Hughes said he had not talked to anyone with DOT. He said it depends on what action Council takes, whether this has to go back to the PC. Dee Anderson said he had talked with the DOT representative, who said they don' t allow driveways within 150 feet of Highway 80. Anderson said he asked about all of the driveways that are on Butler Avenue. The rep said they usually look the other way unless they get a call. Anderson said neither he nor the builder can get anything in writing from the DOT stating that this project is in violation. Hughes said we need something from DOT, stating that this project is in violation or not. Pearce motioned that this be sent back to the PC with the recommendation that they communicate with DOT and take cognizance of the information from Mr. Saxman. Wolff seconded the motion for discussion. Hughes said it didn' t think it would appropriate to approve the motion at this point. He said he was saying that if the builder makes a change in the site plan, then Council would have the option to send it back to the PC. Hughes said there is an approved site plan now, but DOT has said that he cannot Page 4 of 13 1 1 1 put the dumpster and drive where he has it. Hughes said it appears that there is going to have to be an additional hearing of some sort before a building permit can be issued. Anderson said his concern is other driveways are located closer that 150 feet to Highway 80, in fact the other driveway on this project is only about 120 feet away. He said most lots on Highway 80 (Butler Avenue) are not 150 feet deep. Buelterman asked if Council could state that a building permit could not be issued until this issue is settled. Hughes said we would have to notify him that no building permit is to be issued. If the site plan is changed, then it is off of the table. Wolff said in light of the recommendations from Hughes, would Pearce be willing to accept an amendment to his motion to just send the suggestions from Mr. Saxman to the PC for their review and recommendations. Pearce agreed. Hughes said to notify the builder that DOT would have to rule on the driveway. Hughes said Council does not need to motion for anything right now, and that DOT has control right now. Hughes said Council may motion that no building permit be issued until this issue with DOT is settled. Pearce said he would so amend his motion. Wolff agreed and seconded. Vote was 4, Wolff Sessions, Buelterman, and Pearce, for approval, and 2, Youmans and Crone, opposed. Buelterman opened the meeting for the Public Hearing on a variance to the Shore Protection Ordinance for a dune crossover at 13 Pulaski Street, PIN 4- 0001 -02 -013, for David Paddison and Dale Critz, Jr. petitioners. Dee Anderson presented the request in the absence of Dick Smith, Chairman of the Planning Commission. He said this crossover is for four property owners and the PC approved the request. There was discussion regarding have it for a public crossover and native plantings on the cleared areas. Paddison said this is going through private property with an easement. One suggestion was to post signs stating the beach rules and that this area is a bird hatchling area. The petitioners agreed to put up the signs. Buelterman closed the hearing and called for a motion. Wolff motioned for approval, Crone seconded. Sessions asked them ask the owner of the easement to open for public access. Vote was unanimous. Buelterman opened the meeting for the Public Hearing for approval of a sketch plan for a major subdivision for six single - family lots at 1407 -1409 Estill Avenue, PIN 4- 0022 -01 -010, 4- 0022 -01 -005, & 4- 0022 -01 -342, for Coastal Landmark Construction Co., LLC, petitioner. Anderson said the PC approved this petition. Anderson access is off of Estill Avenue and permission has been granted to access through the Sanctuary Subdivision for four lots. Anderson said Lot 6 has some marshlands and will not be filled in. Anderson said the DNR has drawn the delineation line and there will be a 25 ft. buffer and there will be no impact. Ed Rutledge, a neighbor, expressed concern regarding the drainage. Walter Strong, one of the developers, said their engineer' s plan has been submitted to the PC, along with the tree survey, and will be heard at their meeting on December 20t. Strong said he doesn' t feel that there will be any impact on neighboring property. Pearce asked that they save as many trees as possible. Buelterman closed the Public Hearing and called for a motion. Youmans motioned for approval, Crone seconded. Vote was unanimous. Buelterman opened the meeting for the Public Hearing for an approval of a site plan for 29 condo units at 404 Butler Avenue, PIN 4- 0004 -20 -019, for Tommy Clark, petitioner. Anderson said this project was before Council several months ago and the conceptual plan was approved. He said the PC approved the request. Wolff asked about green space and the required parking. Clark said across the front, the parking will be either sod or gravel and under the building there will be pervious concrete. Clark said he will have 65% in green space and more than the required parking. Clerk said he has a letter referring to a retention basin in the back. He said when this phase is complete, he will have about 90 units total. Clark said when the restaurant is demolished, this building will have about 60% of the current coverage. He said the courtyard in the back will be much larger. Mary Ann Bramble spoke in opposition. Buelterman closed the Public hearing and asked for a motion. Crone motioned for approval, Youmans seconded. Sessions said that a point was brought up earlier to be sure before we vote. Buelterman asked Hughes if there was anything in this request that was against our ordinances. Hughes said there was nothing that he Page 5 of 13 1 1 was aware of, but he did not review every site plan. Vote was 4, Youmans, Crone, Buelterman, and Pearce, in favor, and 2, Wolff and Sessions, opposed. Buelterman opened the meeting for the Public Hearing for a variance for continuation of a non- conforming structure within the setbacks at 16 11th Street, PIN 4- 0006 -18 -007, for Diane Herrin, petitioner. Anderson said the PC approved this request. Sessions asked what the hardship was. Mr. Herrin said this house was built in 1925 and he wanted to keep the integrity of the roof line. Wolff said the structure currently encroaches in the front and side setbacks. Wolff said he had a problem with someone who already encroached in the setbacks on three sides, wishing to go further. Herrin said he would have 16 feet in the back. Buelterman closed this Public Hearing and said that the PC approved this motion under the condition that the area under the added space was to be permeable. Buelterman asked for a motion. Youmans motioned for approval with the PC' s condition, Crone seconded. Vote was 3, Youmans, Buelterman, and Crone, in favor, and 3, Wolff, Sessions, and Pearce, opposed. Hughes explained that the tie vote was in effect, no action. Hughes said the petitioner is permitted to come back and it should be a Public Hearing. Buelterman called for a quick break. After calling the meeting back to order, Buelterman opened the meeting for the Public Hearing for a special review to convert an inn into 5 condo units and expand the coffee shop at 20 Silver Avenue, PIN 4- 0008 -05 -002, for Patricia Hamilton Stacy, petitioner. Anderson said the PC approved the request, with the stipulation that the concrete parking area be removed and replaced with permeable materials. Harold Yellin, representing Ms. Stacy, said they thought this request was a little unreasonable for an existing condition, which has been there over fifty years. Yellin offered a compromise in that they would add 200 square feet of green space between the concrete driveway and Silver Avenue. Yellin said he didn' t think this would affect the drainage and asked Council to consider the compromise. Wolff suggested making every other parking space permeable. Yellin said Ms. Stacy is agreeable to this suggestion. Rachel Perkins spoke in favor of the compromise. Perkins also suggested considering some change to the ordinances regarding non - conforming site plans. Buelterman closed the Public Hearing and called for a motion. Crone motioned to approve, with every other parking space be permeable, Wolff seconded. Vote was unanimous. Buelterman opened the meeting for a site plan approval to add office space addition to an existing structure at 1501 Butler Avenue, PIN 4- 0008 -07 -008, for Ciphers Design, petitioner. Anderson said Mr. Simon' s current office space would be demolished and PC voted to approve. The architect, Jan Lewis, was present to answer any questions. Simon said this was existing space and they adding 14 ft. X 27 ft. on the first floor and 14 ft. X 20 ft. on the second floor. Simon said he has also added more drainage and flower boxes. Buelterman closed this Public Hearing and called for a motion. Pearce motioned for approval, Wolff seconded. Vote was unanimous. Anderson said there was an item from a previous meeting for a site plan approval at 1506 Butler Avenue. Anderson said there had been some questions and the request was tabled, and the developer was asked to return. Patrick Phelps, from Hanson Architects, said the concerns were trees and the condo association and how it related to the commercial part of the plan. Phelps said that there would 15 trees on the site when completed. He said there would preserving five existing trees, three of which are significant trees. The existing palms will be relocated along the back of the area for a buffer. There is an 18 inch live oak which will be saved. Phelps said they have hired a tree preservation company who will guide them in saving and relocating trees. He said 2 20 inch cedar will be relocated and a 16 inch live oak will also be relocated, after some pruning. Phelps said the residential and the commercial areas will all come under one association, but since it is so early in the project, it has not been drafted yet. Pearce asked if the oak tree could be left where it is now, and move the elevator walkway. Phelps said they had looked at that Page 6 of 13 but structurally, it would not be possible. Phelps said the tree would probably survive the move but according to Tybee ordinance, if it did not, the developer would have to replace it. He said they would place pervious material around the tree, add good soil, and mulch. Sessions asked about the type of pervious material that would be used. Phelps said the material would withstand the traffic and the weight of vehicles to protect the roots. Mary Ann Bramble asked if the driveway was 150 feet from Butler Avenue (Highway 80). Anderson said he still does not have anything in writing from DOT regarding this. Hughes recommended that Council go forward with this and ask the developer to have DOT provide the City staff with some written determination as to whether this is permitted or not. Hughes said staff does not deal with this but this is dealt with by engineers and architects. Hughes said evidently this is something that DOT invokes on occasion and does not on other occasions. Wolff said he feels that there are still some public safety issues because the street is so narrow. Wolff suggested taking out three units. Yellin said he finds it hard to believe that the State DOT has a special rule just for Tybee. He said Highway 80 goes all the way down Victory Drive and through Pooler. He said he feels that this rule is being misinterpreted or something. Buelterman closed the Public Hearing and called for a motion. Youmans motioned for approval, Crone seconded. Hughes said he thought the motion should be for approval subject to DOT approval. Vote was 3, Youmans, Buelterman, and Crone, in favor, and 3, Wolff, Sessions, and Pearce, opposed. Hughes said we should find out what DOT' s position is before coming back to Council. Buelterman opened the meeting for a Public Hearing for a text amendment for changes to Section 8 -3- 080 in the Land Development Code regarding the parking requirements for multi - family structures in the C -1 District. Dee Anderson said this change would require that no driveway will be wider than 25 feet and there will be no more than two on any one lot. Anderson said the PC voted to approve. Wolff motioned for approval, Pearce seconded. Vote was 5, Wolff, Sessions, Buelterman, Crone, and Pearce, in favor, and 1, Youmans, opposed. This is first reading. Wolff said he would like Council to meet with Bill Hubbard from the Chamber of Commerce regarding our contract. He said there is a contract that was written about two years ago but never was signed. He said it states pretty much what the Tybee Tourism Council said. Wolff said he had asked Katrina Murray with the Tybee Council to give each member of Council a copy of the proposed contract with a letter from Hubbard, clarifying what the Chamber does for the funds they receive from the City. Sessions said they have a great web -page and suggested that Council give them some ideas of some additional information to include, such as non - profit events, beach rules, and maybe a link to the City' s website. Hughes said the State requires that we have a contract with the organization that is spending the money generated by the Hotel/Motel Tax. Hughes said the Savannah Chamber should be submitting the plans for these funds. Buelterman asked if any action was necessary on this. Hughes said when the budget is adopted, it will include this. Wolff said he also had asked for monthly financial statements from the Tourism Council. Buelterman read the names of those who will be on the Special Events Committee for the record. They are: Jack Boylston, Paul DeVivo, Sonja Ditmar, Susie Morris, Amy Gaster, Irene Sullivan, Janice Bentley, Mary Ingals, and Katrina Murray. Hughes said the appointments that Council makes should be made in the form of an ordinance so that Council will know who is doing what. Sessions said the by- laws should also be included as they are very detailed and take away a lot of the duties that our staff is now doing. Hughes said he didn' t the by -laws should be included but keep the ordinance so that staff would have the final authority to approve the events. Buelterman said the next item would be the consent agenda. He said he would read the list of businesses that had applied for alcohol beverage licenses along with an entertainment license. Page 7 of 13 1 The following businesses applied for renewal of the alcohol beverage permit and an entertainment permit: Tybee Time — 1603 Strand North Beach Grill= 41 A Meddin Drive Spanky' s Beachside — 1605 Strand Sting Ray' s — 1403 Butler Avenue Scandals — 1518 Butler Avenue George' s of Tybee — 1105 Hwy 80 Bahama Bob' s — 1311 Butler Avenue Tybee Tavern & Restaurant — 1517 Butler Avenue The Quarter Sports Bar — 601 First Street Tango' s Restaurant — 1106 Hwy 80 Gayna' s Pub & Outback Cafe — 725 First Street HucAPoos' s Bites & Booze — 1213 Hwy 80 A J' s Dockside Restaurant — 1315 Chatham Avenue Wind Rose Cafe — 19 Tybrisa Street Sweet Dreams Pavilion — Tybee Pier Daiquiri Factory — 13 Tybrisa Street Cafe Loco — 1 Old Hwy 80 Tybee Theater Productions — 402 First Street Fannie' s on the Beach — 1613 Strand Doc' s Bar — 10 Tybrisa Street Sea Dawgs Surfside Bar & Grill — 404 Butler Avenue The Grill — 404 Butler Avenue The following businesses applied for renewal of the alcohol beverage permit only: XYZ Liquors — 302 First Street Chu' s Convenience Mart #101 — 306 First Street Chu' s Convenience Mart #102 — 1603 Inlet Avenue Hunter House — 1701 Butler Avenue Chu' s Convenience Mart — 725 First Street ABC Beverage — 1515 Butler Avenue Tybee Market IGA — 1111 Butler Avenue JayDeep LLC dba Texaco — 1315 Butler Avenue Sundae Cafe — 304 First Street It was discussed that all of these establishments had not paid their 3% excise tax and approval was contingent on all excise taxes being paid by the end of the year. Dewey' s Fish House — 1 Old Tybee Road — Michael Dulac & Richard Dulac, owners applied for a new alcohol beverage permit and an entertainment permit. Approval of the minutes for the November 10, 2005 City Council meeting, with corrections. Approval of the November 8, 2005 Election Results. Wolff motioned for approval of the consent agenda items, Crone seconded. Vote was unanimous. Youmans said that the American Legion was a non - profit organization and did a lot of good things for this community. Youmans said he didn' t think they should have to pay the application and license fees Page 8 of 13 1 1 1 and so moved. Crone seconded. Vote was 5, Wolff, Youmans, Buelterman, Crone, and Pearce, in favor, and 1, Sessions, opposed. Wolff said he had asked Hughes to draft an ordinance to set a minimum depth for all lots which require retail on the first floor. He said this would set the standard in the C -1 District, which has no minimum lot size on the books right now. Wolff said he would like for there to be a minimum lot depth of 60 feet except those that are existing now, and those would be grand- fathered. Wolff motioned to send this to the PC for their recommendation, Pearce seconded. Vote was 4, Wolff, Sessions, Buelterman, and Pearce, for approval, and 2, Youmans and Crone, opposed. Buelterman clarified that this was to send it to the PC. Anderson said the PC has set a committee of five members to look at the density in the C -1 District. He said they had already had two meetings. Anderson said they had suggested a minimum square footage per unit and increased parking requirements per unit. He said that this would take up more green space, and they decided to not allow parking in the setbacks. He said they had input from members of the community, as well. He said they another meeting schedule for the next week and hope to have recommendations to Council by January. Youmans asked how many members owned property in the C -1 area. Anderson said most were. Anderson told Council that Tom Thompson would meet here Friday at 3:00 PM to discuss some of these same issues. Hughes said the Sanctuary Subdivision has completed its infrastructure requirements and this resolution is to release the letter of credit and the City of Tybee would accept those infrastructures. This would include everything but the streets, and the City does not accept the streets. Buelterman read the resolution and a copy is place in the minutes. Wolff motioned to approve, Pearce seconded. Vote was unanimous. Hughes said Mr. Marburger, Mr. Saussy, and Mr. Johnson, the developer, of the Ocean Inlet Subdivision are here to ask for approval of the water /sewer plan for their project. Hughes said he has talked with Bill Lovett a number of times regarding this. He said what we have is a request for approval of the design of the water /sewer extension, and only the design. Hughes said they have also asked that the City be the applicant for the DOT permits for the infrastructure to be in the right of way. Mr. Marburger showed Council a plat and explained the route of the extension. He said they are asking for the City to apply for the permits as the DOT doesn' t usually permit individuals and since this well be turned over to the City, it is essentially a City system. Wolff asked if this would be available for the bike trail extension. Marburger said that Mr. Buckley and Mr. Fleetwood have said that the City will have to ask for the use of their property. Wolff said he would ask. There was a lot of discussion about this subdivision regarding streets, dunes, and lines under streets. The developer said most of these questions would be answered at a later time. He said there were here tonight for approval of the design and to get approval for the City to apply for the permit. Hughes said the Bill Lovett has approved the design. There were issues with the water and sewer lines being under the streets within the subdivision and Marburger said they had addressed that with perhaps creating a homeowners escrow with which to pay the City for work and repairs. He said this would be spelled out clearly in the covenants. Hughes said this is getting a little ahead of where we are now. He said this tonight is dealing with the water and sewer lines for the big parcels and not the individual lots. There was more discussion regarding the property and the parcel that would be deeded to the City. Sessions suggested have a meeting with the developers, the City Engineer, and the Director of Public Works to discuss the concerns and plans so that Council could really understand the plans. Hughes and Marburger said the critical issue tonight was the design and the application to the DOT. Hughes recommended Council approve the design of the water and sewer service as presented and agree to act as the applicant on the DOT permit. Hughes agreed that Sessions' s idea of a meeting is a good one. Pearce motioned to approve Hughes' recommendation, Wolff seconded. Buelterman asked Hughes to clarify his recommendation. Hughes said if that motion passes, Page 9 of 13 Council would approve the design that has been submitted for the extension of the water /sewer services from its present location to the property across from the entrance to the Crab Shack and the other part is that the City is agreeing to act as the applicant for the DOT permit for encroachments into the right of way. Sessions asked who would incur the cost of this project. Marburger said the developer would pay for this. Hughes said the next step would be to apply for the permit and construction on the infrastructure would begin after approval. He said then we would have the meeting to discuss the interior development of the subdivision. Marburger said they would like to have approval, in principal, is putting the water lines under the roadways. Vote was unanimous. Hughes suggested holding the meeting to discuss the issue of placing the water lines under the streets in the subdivision and Marburger said that construction would not begin until that was settled. Hughes said he wanted everyone to know about the potential contaminates on the property and the ground water study that would be conducted and who the responsible party is for cleaning it up if found. Marburger said methane studies have been conducted and there should be records from the EPD oversight of the property when it was a landfill. Saussy said they had conducted many boring tests and have found nothing that would indicate a problem. He said there is no methane, and only dry trash was found. Wolff asked if the gift deeds could be drawn and absolve the City from any potential liability. Buelterman suggested that these issues be brought up at the meeting that is to be held later. Hughes said Tony Petrea had agreed to donate some property to the City. He said the resolution is to accept the donation and agree that there will be no development and the property would remain as green space. Hughes said the deed is already signed and is here in City Hall. Pearce motioned to accept, Wolff seconded. Vote was unanimous. Hughes said you have a letter from Mr. Thompson at the MPC asking that we agree to the current service delivery agreement extending through October 2008. Hughes said all of the municipalities have to update their Master Plans by that date and if all agree to this, then there won' t be a problem. He said we already have an agreement in place which is mandated by State law as is the Master Plan, and both have to be updated in October 2008. Hughes said he recommends that we check block "A" and signed, and returned to them. Pearce so moved, Wolff seconded. Vote was unanimous. Hughes said the Environmental Assets Contract was signed in October 2002 by the City. He said the compensation for that firm is based on a percentage of savings that they provide the City in disposing of waste. Hughes said the contract was a five year contract and has thirty months to go. He said he would like Council to indicate whether they want him to pursue cancellation of the contract. He said he would discuss the legal ramifications in Executive Session if needed. Hughes said the City has paid $60,000 in the two and half years we' ve had the contract and we have two and half more to go. Thomson recommended that the contract be terminated since we now have adequate staff to oversee this issue. Wolff motioned to terminate contract, Pearce seconded. Vote was unanimous. Buelterman said that appointments for the Beach Task Force Committee is next and that a past member has expressed a desire to be on the committee, and he is Henry Levy. Sessions motioned to approve the appointment of Dick Gross, Lou Off, Berta Adams, William Searcy, and Henry Levy to the Beach Task Force Committee, Wolff seconded. Vote was 5, Wolff, Sessions, Buelterman, Crone, and Pearce, in favor, and 1, Youmans, opposed. Thomson said the budget adjustment for $221,000 is to make sure that solid waste removal does not have a deficit under GASBE regulations. He said we have been having a loss and subsidizing for years, and this will bring it to revenue neutral. Pearce motioned for approval, Crone seconded. Thomson said the City has been reimbursing sanitation for the loss of revenue. Vote was unanimous. Thomson said the bid process was followed and there is a list of the bidders included in the packet. He Page l0 of 13 1 1 1 said the staff recommends that Entech be awarded the contract based on the cost and quality of work. He said there is a requested budget adjustment for the work of $34,500. Hughes recommended that the contract and the budget adjustment be voted on separately. Sessions said she had understood previously that Thomson had said the Public Works Department was to do the work. Thomson said the Williams said they could do the work but because of the timing, they would run out of this budget year. Sessions asked when the work would begin and Thomson said probably sometime in January. She said she didn' t understand. Sessions asked if there was a contract Council could look at with the start date, stop date, and other details. Thomson asked Jan Fox to explain the request for bid proposals and what was included. Fox said all of that was listed in the request, including the start date, insurance, length of time, and terms and conditions. She said she thought the work was to take six weeks but was not sure without the paperwork there. Williams said the cost was not the only item considered. He said they looked experience in coastal regions as well as other items. Pearce motioned to approve the budget adjustment, Wolff seconded. Vote was 4, Wolff, Buelterman, Crone, and Pearce, in favor, and 2, Youmans and Sessions, opposed. Pearce motioned to approve the contract with Entech, Wolff seconded. Vote was 5, Wolff, Youmans, Buelterman, Crone, and Pearce, in favor, and 1, Sessions, opposed. Pearce motioned to approve the text amendment to Sec. 6 -1 -15 to change the due date on water bills to the end of the month from the 20th, Wolff seconded. Vote was unanimous on 1st reading. Thomson presented a request for a text amendment for a tobacco free workplace for the City. He said this was to include smoking and smokeless tobacco. Hughes said this would be an ordinance and 1st reading. Pearce motioned for approval, Wolff seconded. Sessions asked if this would have an impact on our insurance rate. Thomson said the insurance representative said it wouldn' t hurt but he couldn' t give any exact figure. He said the next time we go for negotiations and renewal, he would argue that we are a tobacco free workplace. Thomson said, in answer to Crones question, this would pertain to City buildings, vehicles, front lawns, back lawns, and any other City property. Hughes said to be clear that this would apply to anyone on City Property. There was discussion and Thomson said he wanted this to apply to only City employees. Thomson asked if Hughes could rewrite the amendment to apply to City employees only and then bring it back. Pearce withdrew his motion. Thomson said we still don' t have the amount of the change order for Gamey for the Butler Avenue Water Line Project for the marathon. He recommended waiting on a decision. Jason Nobles, Director of City Facilities, gave Council some updated information that had been requested, on a survey of people who might use skates at the gym. The results from 43 children, the majority said they would participate in skating. (A copy of the results is included in the meeting folder.) Council had several questions as to ages, whether it was understood that they would have to pay, and were these were all Tybee residents. Crone motioned for approval of $16,000 for purchase of skates, Pearce seconded. Buelterman asked where the money was coming from, Fox said contingency. This amount would include partial railings, and the scheduling would be determined. Sessions also asked if this would turn into a babysitting service. She said she was not comfortable not knowing all of the details. Vote was 3, Youmans, Crone, and Pearce, in favor, and 3, Wolff, Sessions, and Buelterman, opposed. There was no action due to the tied vote. Pearce motioned for approval on 2nd reading the text amendment to Sec. 9 -1 -9 to clarify occasional and isolated activity, Wolff seconded. Vote was 4, Wolff, Sessions, Buelterman, and Pearce, in favor, and 2, Youmans and Crone, opposed. Sessions motioned for approval on 2nd reading for the text amendment for a $500 dumping fee for landscaping contractors, Wolff seconded. Vote was 2, Wolff and Sessions, and 4, Youmans, Buelterman, Crone, and Pearce, opposed. Wolff suggested bringing this back without the fee and require the Page 11 of 13 1 contractors to take the debris to the dump. After clarification by Hughes, Wolff motioned to approve the amendment without the fee on 2nd reading, Pearce seconded. Vote was 5, Wolff, Sessions, Buelterman, Crone, and Pearce, in favor and 1, Youmans, opposed. Thomson itemized items in the 2006 Budget that had been amended based on recommendations from Council at the l st reading. (Copy of these is included in the meeting folder.) They are: DCA Team visit added $10,000 Clerk Travel removed $2500 IT Capital Software reduced $2900 Police Capital Equipment no action DPW reduced $3500 Building & Maintenance Removed $63,724 Building & Maintenance (City Hall) no action Building & Maintenance removed $ 45,000 Special Projects reduced by $95,000 Recreation reduced $8,000 (Holiday lights to DPW) Beach related added $12,000 Parks no action Parks — Memorial Park Study removed $28.000 Parking Meter System added $225,000 Water adjusted by $24,000 Merit raises & longevity pay added $51,000 Contingency $55,900 Classification study Culture — Fine Arts added $2,000 Crone motioned to leave $60,000 for the skate park, Wolff seconded. Kathryn Williams said she didn' t think that amount was adequate for the skate park and asked that it be noted in the minutes. Wolff motioned to add $150,000 to contingency, Sessions seconded. After some discussion, the $150,000 for City Hall renovations was left in the budget as an item and not transferred into contingency. Crone motioned to approve the 2006 Budget as presented, Sessions seconded. Vote was 4, Sessions, Buelterman, Crone, and Pearce, in favor, and 2, Wolff and Youmans, opposed. Pearce motioned to adjourn to executive sessions, Wolff seconded. Vote was unanimous. Crone motioned to return to regular sessions, Pearce seconded. Vote was unanimous. Mayor Pro Tem Buelterman adjourned the meeting, as there was no further business. n Buelt an, Mayor Pro Tem Diane Sikes Clerk of Council Page 12 of 13 1 Page 13 of 13 1 1 Budget ORDINANCE NO. 2005- It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 3, Chapter 1, Section 2, be amended to read as follows: Section 1. Section 3 -1 -2 is hereby amended to read as follows 3 -1 -2 Annual Budget; Appropriations Ordinance. (a) An annual budget and appropriations ordinance shall be adopted by the mayor and council prior to the first day of the fiscal year, provided if such budget and appropriations ordinance is not adopted, the previous year's budget and appropriations ordinance shall continue as the budget for the ensuing fiscal year and until the new budget and appropriations ordinance is adopted. (b) The budget as adopted shall be a balanced budget with anticipated revenues equal to appropriated expenditures.(ORD. 1994- 01)(Ord. No. 1994 -01, Revised, 01/13/94) (c) It is hereby ordained by the governing authority of the City of Tybee Island that the fiscal operating budget for the year 2006 be adopted to read as follows: Whereas, The City of Tybee Island operates on a fiscal year beginning on January 1st and ending on December 31st of each succeeding year; and Whereas, The State of Georgia, in the Official Code of Georgia, Section 36 -81 -7, provides for the submission of the City's proposed budget to the public; and Whereas, in obedience to the Georgia Code, the FY 2006 budget has been submitted to the Tybee Island City Council; and Whereas, on December 8th a public hearing on the budget was held before the Mayor and Council in Open Meeting; and Whereas, the public was informed in a manner proscribed by law of the availability of the budget for inspection both in the office of the Clerk of Council during regular business hours of the City and at the Tybee Island Branch of the Live Oak Library during their normal hours: Now, therefore, be it resolved, and it is hereby resolved by the Mayor and Council of the City of Tybee Island, Georgia, in open meeting assembled, the the aforesaid budget for FY 2006 is herby adopted as ordained by the State of Georgia as follows: Operational Budget Revenue General Fund $6,694,100 Fund 2003 SPLOST Expenditures General Fund $6,694,100 $2,064,204 Water Sewer $4,034,220 Water Sewer $4,034,220 Fund 2003 SPLOST $2,064,204 (ORD. 2000 -26; 12 /14 /00)(ORD. 2001 -26; 12/13/01)(2003-02;1119/2003) Page 1 of 3 1 1 1 Budget Solid Waste Collection Fund Revenue $590,495 Expenditures $590,495 Hotel /Motel Tax Fund Revenue Taxes $1,155,000 Expenditures Economic Development $1,155,000 E911 Fund Revenue Taxes $70,250 Expenditures Maintenance and Operations $70,250 The working papers detailing the sources of revenues and the appropriation thereof are hereby incorporate herein and shall be kept with the minutes of this meeting. Capital Budget Expenditures General Fund $1,291,867 Water Sewer $2,290,000 Fund 3 SPLOST $2,064,204 (ORD. 2000 -26; 12 /14 /00)(ORD. 2001 -26; 12/13/01)( Ord. 2003- 02;1- 9- 2003)Ord. 2004- 27;12 -16- 2004) Any ordinances in conflict herewith are repealed to the extent of the conflict and this Ordinance shall have application to any violation of the Tybee Island Code of Ordinance of the City of Tybee Island, Georgia. Adopted this 8th day =nom ayor Walter W. Parker ember , 2005 City Clerk Page 2 of 3 1 1 1st Reading: November 29, 2005 2nd Reading: December 8, 2005 Enacted: Budget Page 3 of 3