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20080313 City Council Minutes
Mayor Buelterman called the Consent Agenda meeting to order on March 13, 2008. Present in addition
to the Mayor was Mayor Pro Tem Doyle and Councilmen Brewer, Brown, Crone, Smith and Wolff. Also
attending was City Manager Schleicher and City Attorney Hughes.
Mayor Buelterman listed the Consent Agenda items as:
• Request for confirmation of new Finance Director Bonnie Kline.
• 2008 Budget Adjustment #2- includes Chatham County's contribution to Beach Renourishment
($450,000 -Line item #100- 00 -33- 6015).
• Film Location Agreement for Mitchell White Productions, LLC to film at the jail after obtaining a
permit from the zoning office.
• Out of state travel request for Mayor Pro Tem Doyle to attend the Hurricane Conference in
Orlando, FI.
• 2008 Assistance to Firefighters grant application for communications equipment for TIFD
($1,750 initial development fees -line item # 100 - 1320 -52 -1200; budget amendment for balance
of grant between $17,942 - $3,616 -Line item # 100 - 3510 -53- 1600).
Mayor Buelterman closed the Consent Agenda meeting.
Mayor Buelterman called the regular council meeting to order at 7:OOPM. City Officials present during
the Consent Agenda were still in attendance.
Reverend David Laughner of the Chapel by the Sea Baptist Church gave the invocation and the Tybee
Island Memorial Color Guard posted the Colors. Everyone recited the Pledge of Allegiance to the Flag.
Ms. Janice Bentley representing the Memorial Park Ad Hoc Committee gave a presentation to council on
the committee's plan for Memorial Park. Mayor Buelterman thanked the members of the committee for
their hard work.
Ms. Patricia Wann, President of the Fine Arts Commission gave an update to Council. She asked for
council to consider approving the position for a Cultural Liaison with the City.
Mayor Buelterman read a letter from Jenny Orr. The letter expressed concern with special events being
allowed to pour liquor instead of being limited to beer and wine. (Letter attached to these minutes).
Mr. Ross Howard, President of Tybee Fest agreed with Ms. Orr's concerns and strongly recommended
the city pass an ordinance not allowing a liquor license for any event that is being conducted.
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Mr. Mallory Pearce said the Memorial Park Plan is a great plan and would be an improvement to the
neighborhood. He raised a strong objection to the Police Safety building being across the Street from his
home because it would directly impact his two driveways. He strongly objected to the jail being located
across the Street because this is a residential neighborhood and he has a thirteen year old daughter that
walks down that street to wait for the bus on Jones Ave.
Fire Chief Sasser strongly recommended that no bike trail be located in front of the Fire Station.
Ms. Kathryn Williams said Tybee is truly blessed with the amount of people willing to give their time and
expertise volunteering for the various committees. She requested council take into consideration the
Memorial Park Ad Hoc Committee's request to allow community input into the presented plan in
respect for the amount of volunteer hours spent creating the plan.
Ms. Beth Hodges with Tybee Neighbors presented survey results for having a skate park located in
Memorial Park.
Mr. Hughes disclosed that he has represented a number of members of Mr. Curran's family. Mr. Hughes
said that Mr. Curran has withdrawn his application so the disclosure is moot at this point. He said
considering the petition has been advertised as a public hearing, public comments should be allowed.
Mr. Hughes said that Ms. Doyle and Mr. Brewer should recues themselves from the petition for Special
Review and Site Plan Approval for Dale Williams and Debbie Kearney at 1018 Highway 80 because of
having property interest within five hundred feet of the property.
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Mayor Buelterman opened the public hearing.
Ms. Allen said the Planning Commission unanimously recommended approval of the ice vending
machine for Brian Curran at 1002 Hwy 80. She said Mr. Curran has withdrawn the petition.
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Mayor Buelterman opened the public hearing.
Ms. Allen presented a Site Plan petition for a billboard on a currently vacant lot at 211 Butler Ave. She
said Planning Commission unanimously recommended approval.
Ms. Bramble a neighboring property owner gave samples of tar strips to council. She said these strips
are eroding from 211 Butler Ave. into the City right of way. She requested the city determine if the
material is hazardous.
Mr. Brewer said he has met with Ms. Bramble about the property in question and its elevation allowing
storm water to drain onto her property. He said if the water runs off of this property onto Ms. Bramble's
property the city needs to address that.
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Mr. Crone moved to approve the Site Plan for a billboard, Ms. Doyle seconded.
Mr. Wolff asked Mr. Hughes if council approves this site plan and the material is determined to be
hazardous would the city be liable. Mr. Hughes said no and the city would have their claim against the
property and the owner. He said this site plan will not impact the materials or the drainage on this
property. He said we could request an environmental assessment be done.
Ms. Schleicher said the city has made improvements to drainage in that area and has recommended to
Ms. Bramble some changes she can do to her private property to improve drainage there. She said for
future developments of the property in question our code will require drainage issues to be dealt with.
And the vote was unanimous.
Ms. Doyle moved to have staff investigate fill material in the right of way on the Lovell side of 211
Butler and take appropriate action, Mr. Brown seconded.
Mr. Brewer requested Ms. Doyle amend her motion to include having staff evaluate and consider
installing a ditch in the right of way on the Lovell side of 211 Butler Ave. in order to help with
drainage.
Ms. Doyle amended her motion as requested, Mr. Brown seconded, and the vote was unanimous.
Mayor Buelterman opened the public hearing.
Ms. Allen presented the final plat approval for a Major Subdivision for Clyde Johnson at Battery Drive.
She said the Planning Commission unanimously recommended approval.
Mr. Smith moved to approve final plat, Mr. Brewer seconded. And the vote was unanimous.
Mr. Smith moved to continue discussions with the National Park Service and Property Owners until
things are settled and Mr. Hughes will bring final documents back to Council for approval, Mr. Wolff
seconded, and the vote was unanimous.
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Mayor Buelterman opened the public hearing.
Ms. Allen presented the petition for a variance request for two driveway openings within 50 feet of each
other at 609 Second Ave. She said Planning Commission unanimously recommended approval.
Mr. Brown asked Ms. Allen if she was working on a new ordinance to take this requirement out of R -2.
Ms. Allen said yes this requirement would be taken out of R -1 and R -2 zoning districts.
Mr. Wolff moved to approve the variance, Mr. Smith seconded and the vote was unanimous.
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Mayor Buelterman opened the public hearing.
Ms. Allen presented the petition for a variance to encroach into the side yard setback for a Spiral
Stairway at 1114 Jones Ave for John Sheppard. She said Planning Commission recommended approval.
Mr. Brown asked if Mr. Sheppard was only going to his first floor with this staircase and would still be
trapped in his Master bedroom on the upper floor if a fire were to break out. Mr. Brown said he is
concerned with granting this staircase into the setback and it not being a complete fire escape to all
floors.
Mr. Wolff said we have houses all over the island with one exit point. He said this is going to set a
precedent saying that anyone with that situation will be allowed to put stairs in the setback. He said he
sees other options with having stairs coming down to the storeroom. He said there are also ladders with
chain and bars that can be utilized as alternatives.
Mr. Sheppard said he presented this problem to his architect and his suggestion was to put the spiral
stairway to access the second level. He said he intends to make the existing stairway fire rated. He said
by fire rating the existing stairwell it gives access from the third level to the first level and then you
would exit out the spiral stairway. He said he has had as many as fifteen family members staying in his
house and in the time it took recently for his house to burn he would not have been able to get all of
them out using rope chains or ladders etc.
Mr. Smith moved to approve, Ms. Doyle seconded.
Mayor Buelterman asked Ms. Allen if approving this variance would be setting a precedent. Ms. Allen
said no all variances are considered on a case by case basis. She said the discussion at Planning
Commission included the need to evaluate our existing code and make provisions for situations like this.
And the motion to approve carried with a vote of four including Smith, Doyle, Crone and Brown voting
in favor and two Brewer and Wolff opposed.
Mayor Buelterman called a five minute break.
* **
Mayor Buelterman opened the public hearing. He said Ms. Doyle and Mr. Brewer have recused
themselves from this hearing due to owning property in close proximity to the property in question.
Ms. Allen presented the petition for Special Review for 1018 Hwy 80 for consideration of their existing
bed and breakfast as a special events facility for Dale Williams and Debbie Kearney. She said a Site Plan
approval is required as well. She requested separate motions for special review and site plan in that
order. She said Planning Commission unanimously recommended approval of both motions.
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Mr. Wolff moved to approve the Special Review, Mr. Crone seconded.
Mr. Brown asked if their parking requirement was met. Ms. Allen said the parking requirement has been
met because it's based on maximum occupancy in the case of a special review and their request was for
up to seventy two people.
And the vote was unanimous with Wolff, Crone, Smith and Brown voting in favor.
Mr. Wolff moved to approve the Site Plan, Mr. Crone seconded, and the vote was unanimous with
Wolff, Crone, Smith and Brown voting in favor.
Mayor Buelterman opened the public hearing.
Ms. Allen presented the petition for Site Plan Approval to extend an existing deck and extend the
existing deck roof at 1311 Butler Ave for Paul Jackson which will become the new Cousin Vinny's
location. She said the Planning Commission unanimously recommended approval.
Mr. Brown said this is a perfect example of the type of items that should be able to be handled by staff
and not come before the planning commission or council.
Ms. Allen said she is working on addressing that concern.
Mr. Brown moved to approve, Mr. Wolff seconded, and the vote was unanimous.
Mayor Buelterman opened the business meeting and called for a motion for the Consent Agenda items
as listed earlier.
Mr. Crone moved to approve the Consent Agenda, Mr. Smith seconded, and the vote was unanimous.
* **
Mr. Smith recommended waiting to put the Memorial Park Plan on the website until the Architectural
Firm that is conducting site locations for the public safety building submits their recommendation. He
said that should be sometime in April.
Ms. Doyle said she would like to have time to review the complete report before it is put on the website.
She said she would have liked to have the plan in front of her to review as Ms. Bentley was making the
presentation.
Mr. Smith said putting it on the website gives the impression of tacit approval of the plan. He said he
would hesitate to put anything on the website that hasn't been approved.
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Mayor Buelterman said council would consider the plan and provide a response to the committee and if
council is comfortable then it could be put on the website and have public comment on it.
Mr. Wolff said He thinks they should entertain public comment before approving it. He said he doesn't
have a problem with taking thirty days for council to review he just thinks everyone on the Island should
be given the same opportunity.
Mayor Buelterman asked for the Memorial Park plan to be on the agenda for the Council Work Shop on
April 19th
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Mayor Buelterman announced openings on the Ethics Commission and asked for appointments to be
listed on the March 27th Agenda.
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Mr. Brewer said the five hundred foot rule for recusal is a classic example of them not knowing
something because it is buried in that huge document. He said it points out that they need to get the
ethics ordinance straight and ironed out so they can be trained. He said they could have proceeded
without knowing that condition was buried within that document. He said it needs to get rolled out with
training.
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Mayor Buelterman asked that the open position on the Audit Committee be put on the next agenda.
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Mr. Smith moved to direct staff to prepare an ordinance prohibiting liquor licenses for special events,
Mr. Wolff seconded, and the vote was unanimous.
* **
Mr. Smith said Dr. Olsen has worked for us as our consultant for years through the last two beach
renourishments. He said his motion would be to approve the plan as it is and investigate through DNR
the possibility of our being able to write these permits ourselves with DNR's help.
Mr. Smith moved to approve Dr. Olsen's plan and apply for a permit through the DNR, Mr. Crone
seconded.
Mayor Buelterman said this permit would only allow four things: Tilling of the beach - Removal of beach
scarps in excess of 18 inches prior to turtle nesting season, Leveling of beach scarps, dune mounds or
frontier dunes lying landward of the approximate MHWL., Mechanical removal of seasonal wrack from
above the MHWL.
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Mr. Wolff asked what effect manipulating the frontier dunes is going to have on the encroachment of
the ocean on the land.
Mr. Brewer said they should ask the consultant what effect a category 1, 2, 3 or 4 Hurricane would have
on the frontier dunes in order to answer Mr. Wolff's question.
Mayor Buelterman said this has a time sensitive nature because of the long process to get DNR
approval. He said public safety for this summer is their greatest concern and they are looking at the
earliest approval being mid June.
Ms. Doyle said it seems according to this permit that there will be a lot of people involved that would
not want to hurt the dune system.
And the motion to approve carried with Smith, Crone, Brewer, Brown and Doyle voting in favor and
Wolff opposed.
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Mr. Hughes said the deed to the City approves the City Park and subject to the easement in favor of the
National Park Service by Battery Row Park as well. He said the fee would be in the City subject to the
easement. Mr. Wolff said he understood the City to own all that property including the waterfront but
we would grant the Park Service a perpetual easement for the waterfront area. Mr. Hughes said we
don't grant the easement, the developers grant the easement but we still own the property.
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Mr. Wolff moved to go into Executive Session to discuss Litigation and Personnel, Mr. Brewer
seconded, and the vote was unanimous.
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Mr. Wolff moved to return to Regular Session, Mr. Brown seconded and the vote was unanimous.
* **
Mr. Wolff moved to adjourn, Mr. Brown seconded and the vote was unanimous.
4.
Vivian 0. Woods, Clerk of Council
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Mayor Jason Buelterman
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STATE OF GEORGIA
COUNTY OF CHATHAM )
AFFIDAVIT
PERSONALLY appeared before the undersigned attesting officer, duly
authorized to administer oaths, 3 0.36 , who after
being duly sworn, deposes, and on oath states the following:
(1) I was the presiding officer of a meeting of the Tybee Island City Council held on
the 130day of (-029)-t..Ch , 2008.
(2) That it is my understanding that O.C.G.A. §50- 14 -4(b) provides as follows:
When any meeting of an agency is closed to the public pursuant to
subsection (a) of this Code section, the chairperson or other person
presiding over such meeting shall execute and file with the official
minutes of the meeting a notarized affidavit stating under oath that the
subject matter of the meeting or the closed portion thereof was devoted to
matters within the exceptions provided by law and identifying the specific
relevant exception.
(3) The subject matter of the closed meeting or closed portion of the meeting held on
the je of ci�.._) , 2008, which was closed for the
purposes) of e -.as allowed by
§O.C.G.A., Title 50, Chapter 14, was devoted to matters within those exceptions
and as provided by law.
(4) Any unrelated matters which were mentioned or attempted to be offered for
discussion during the closed portion of the meeting were ruled out of order and
not discussed.
5) This affidavit is being executed for the purpose of complying with the mandate of
O.C.G.A. §50- 14 -4(b) that such an affidavit be executed.
This 13 day of -, , 2008.
Sworn to and
Me this
ubscribed before
day of
, 2008
VIVIAN WOODS
Notary Public, Chatham County, GA
My Commission Expire May 25, 2009
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Officer g fficer