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HomeMy Public PortalAbout20190926AmendedMinutes.docxCity Council Minutes, September 26, 2019 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on September 26, 2019. Those present were Julie Livingston, Monty Parks, John Branigin, Wanda Doyle, and Barry Brown. Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; Dana Braun, Ellis, Painter, Ratterree and Adams; George Shaw, Director, Community Development; and Janet LeViner, Clerk of Council. Mayor Buelterman listed the following items on the consent agenda: Minutes: City Council Meeting, August 8, 2019 Minutes:  City Council Meeting, August 22, 2019 Kelly Swope:  Appointment to the Development Authority/Main Street Board of Directors Special Event Application:  Lights on for Tybee/Christmas Parade Discussion: Ms. Doyle stated the Public Safety Committee had this on their agenda as the Main Street would like to do a night parade. The Public Safety Committee recommended doing a night parade on Friday, December 6, 2019. On Saturday, December 7, 2019 the Tybee Island YMCA will have a Christmas Party to include a visit from Santa Clause. T-Mobile Lease Renewal, 4th Amendment to Water Tower Attachment Lease Agreement.  $4,341.19 Sprint Amendment to Lease:  First Amendment to Water Tower Lease Agreement Memorandum of Understanding, 2020 Census. Discussion: Dr. Gillen stated this is an agreement with Chatham County and the expenditure for this is $790.00. Approval for LMIG Road Resurfacing, Preferred Materials, $185,416.19. Discussion: Dr. Gillen stated the roads involved are: (1) Old Highway 80; (2) 5th Street between the YMCA, Butler to Jones; (3) Lovell; and (4) paving on 17th where the sewer project is taking place. Out of State Travel - Jan LeViner, City Clerk, October 15 - 16, Dayton, Ohio, Athenian Dialogue.  Line Item:  100.1130.52.3700/3500 ADT Commercial Security Proposal:  Old School Building. Discussion: Mr. Hughes recommended the contracts be approved subject to the resolution of pending issues, compliance with Georgia Law as the City can only contract for a year with right of renewal, in the contract. ADT Commercial Security Proposal:  City Hall. Discussion: Mr. Hughes recommended the contracts be approved subject to the resolution of pending issues, compliance with Georgia Law as the City can only contract for a year with right of renewal, in the contract. Tourism Study - Partnership with GA Southern University & Visit Savannah. Total Cost $12,500 paid for from 100-1320-52-1201 This agenda item is requesting that City Council approve an amendment to the FY2020 budget in the General Fund to cover lease and maintenance costs for a building security system at City Hall. This agenda item is requesting that City Council approve an amendment to the FY2020 budget in the General Fund to cover lease and maintenance costs for a building security system at City Hall.  Community Services Agreement - Tybee Festival Association Resolution:  Designate October 11-13, 2019 As the Festival Days for Pirates Fest and Designate the area as the Festival Control Zone Resolution and Contingent Fee Agreement: Class Action AirB&B. Discussion: Mr. Hughes stated this is not just for AirB&B but includes similar businesses. He is requesting authorization for the Mayor to sign the Resolution and Agreement Ante Litem, Je'Aarian Belin. Discussion: Mr. Hughes recommended to reject. Master Plan Implementation Committee. Discussion: Mr. Branigin stated the information included in the packet is incorrect as it was his intention to include an email from Mr. Robertson. Mr. Robertson in this email, stated the Committee had met the deliverables as outlined by a previous council. Mr. Branigin recommended that the new council should review if the Committee has met the deliverables, if there are new deliverables, specific deliverables, that council would want to assign or if not then disbanding. Mayor Buelterman read an email from Ms. Fowler which is consistent with what Mr. Branigin stated. 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: Rev Sue Jackson, Trinity Chapel Pledge of Allegiance Mayor Buelterman introduced all the candidates, Mayoral and Council, running for office in our upcoming Municipal Election. Mayor Buelterman asked Robyn Rosner to come to the podium where he recognized her as the Employee of the Quarter. Payton Kinkel, President, Tybee Island Youth Council, approached Mayor and Council to give an update on the Youth Council activities. Mayor Buelterman thanked Ms. Kinkel. Citizens to be Heard Mack Kitchens approached Mayor and Council to speak on Regulation of Licensing for STVR. Mr. Kitchens thanked Mayor and Council for the opportunity to speak tonight. He stated he had two requests to present to Mayor and Council: (1) having STVR’s added to the list for special review in R-1, R-2, and RT. He would ask to have Mayor and Council vote on a text amendment to add those districts for special review; and (2) send Code Enforcement and Regulations to Planning Commission for their review. Through the research he has done, it would be helpful for the Planning Commission to send recommendations to Mayor and Council. Mayor pro tem Brown made a motion to send to Planning Commission for their review. Mayor Buelterman recommended this be brought back to Mayor and Council on a future agenda for a vote as it is not on the agenda before them tonight. Ms. Livingston agreed and would like to see on a future agenda for a vote. Kathryn Williams approached Mayor and Council to speak in support of the proposed Ordinance, 2019-14, Sec 42-60, Balloons/Chinese Lantern Release. This will assist in keeping the beach and community clean. Ms. Williams also spoke to the Consent Agenda as she feels the meeting should begin at 6:30PM so the public have an opportunity to speak to all items on the agenda. Mayor Buelterman clarified, if anyone would like to speak to an item that was included on the consent agenda, he will remove so everyone will have an opportunity to speak. Ms. Williams then commended Ms. Rosner for her work ethic and customer skills with her position with the City. Mayor Buelterman thanked Ms. Williams for her comments. Anna Beaugard, 817 First Street, approached Mayor and Council to speak in favor of banning casino boats at Lazaretto as the uses for the Maritime District are outlined in the Master Plan. Mayor Buelterman thanked Ms. Beaugard for her comments. Anna Butler, 1212 5th Avenue, approached Mayor and Council to speak in favor of the Master Plan Implementation Committee to continue and not disband. Ms. Butler feels it would be beneficial with the potential new council members to work with the Planning Commission so they can become familiar with the Master Plan. Ms. Butler stated she is also in favor of starting the meetings at 6:30PM so everyone has an opportunity to speak on all agenda items. Mayor Buelterman thanked Ms. Butler for her comments and concerns. Julie Livingston made a motion to approve the consent agenda. Wanda Doyle seconded. Vote was unanimous, 5-0. Public Hearings Requesting To Rebuild Structure With 3 Foot Rear And 2 Foot Side Setbacks -302 Tenth Street -Zone R-2 -40006 09003 -Owner Anthony P. Russo Applicant Natalie Aiken. George Shaw approached Mayor and Council to explain the agenda item. He stated the owners would like to demolish the shed in the rear of the property and build the same exact structure, completely on their property, which would cause the structure to be in the set-back. They are requesting a variance, 8’ on the rear of the property and 7’ on the side of the property. Staff and Planning Commission both are recommending denial. Vote at the Planning Commission was unanimous to deny. Michael Johnson and Natalie Aiken, representing the owner, approached Mayor and Council. Mayor Buelterman suspended the public hearing as there are technical issue with their presentation. Requesting 3 1/2 Feet on Side and Rear Setbacks -9 Moore Ave -Zone R-1-B -40002 02012 -Owner RHR Properties, LLC -Applicant Thomas J. Mahoney III. George Shaw approached Mayor and Council. Mr. Shaw stated the owner purchased the property and requested to build a garage behind their home which was done. It is now considered an accessory structure which must be 5’ off the property line and at the