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20080410 City Council Minutes
Mayor Pro Tem Doyle called the Consent Agenda meeting to order at 6:30pm on April 10, 2008.
Mayor Jason Buelterman was absent. Council members present in addition to the Mayor Pro
Tem were, Crone, Brewer, Brown, Smith and Wolff. Also attending were City Manager
Schleicher and City Attorney Hughes.
Mayor Pro Tem Doyle listed the items on the Consent Agenda as:
• 2nd Reading: Ordinance to amend Code Section 46 -25(e) - Compensation Plan;
• 2nd Reading: Ordinance to amend Code Section 2 -212 - Change of the Fiscal Year;
• Fort Screven Water Improvements - recommendation for contracting with Southern
Champion Construction, Inc for $1,071,093; line item #505 - 4410 -54 -2100 (water
administration) and 320 -4420- 54-2105 (SPLOST);
• Special Event Application: Tour de Georgia -Event - Approved to include closing
parking lot at 14th Street for staging and VIP parking and South End Lot for a
hospitality tent and festivities. (Monday Only);
• Council Minutes for February 28, 2008;
• Request for out of state travel to attend The League of Historic American Theaters
Forum on Historic Theaters in small communities in Newberry, SC /April 13 -15, 2008;
• 2nd Reading: Ordinance to amend Code Section 6 -12, regarding alcoholic beverages,
to prohibit the sale or distribution of liquor at special events;
• 2nd Reading: Ordinance regarding special events and alcoholic beverages (amend
Chapter 54, Article III)
• Contract for Tour de Georgia;
• Beach Renourishment contracts and or resolutions;
Council discussed the process for committee appointments and requested committee openings
be posted with deadlines and all resumes submitted to council for review and appointments.
Committee members may request copies of resumes of applicants. Council agreed to conduct
further discussions concerning committees at the work shop on April 19th.
Mayor Pro Tem Doyle closed the Consent Agenda.
Mayor Pro Tem Doyle called the Regular City Council meeting to order at 7:OOpm. City Officials
listed earlier were still in attendance.
Carolyn Smith gave the Invocation and the Tybee Island Memorial Color Guard posted the
colors. Everyone recited the Pledge of Allegiance to the Flag.
Mayor Pro Tem Doyle announced that Andy Dehay had passed away this morning. She said he
was the dog catcher for Tybee for several years and she asked everyone to remember his
family and friends in their thoughts and prayers.
Visitors included:
Sandy Major for the Tybee neighborhood watch.
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Mayor Pro Tem Doyle opened the public hearing.
Ms. Allen presented a request for a Zoning Variance: Section 5 -090 from Section 3 -090,
schedule of development regulations; William Gustin / setback variances for new single family
dwelling, 2001 Hwy. 80 - PIN 4- 0024 -02 -002 (R -2 zone): PC recommends approval. Mr. Wolff
moved to approve contingent on the City receiving a minimum 5 foot right of way for a bike
trail along the front of the property, Mr. Crone seconded. Ms. Allen said the ten foot setback
line that is being requested is from the property line. She said there is still room to maneuver in
the right of way to put a trail in. The vote tied with Wolff, Crone and Doyle voting in favor and
Brewer, Brown and Smith voting in opposition. Mr. Brown moved to approve with no
stipulations and discuss an easement for a bike trail at a later date. Mr. Smith seconded and the
vote tied with Brown, Smith and Brewer voting in favor and Wolff, Crone and Doyle voting in
opposition. Mr. Wolff moved to reconsider this petition at the next council meeting,
Mr. Smith seconded and the vote was unanimous.
* **
Mayor Pro Tem Doyle opened the public hearing.
Ms. Allen presented a request for a Map Amendment: Section 5- 020(D); Erin Sheldon for
Tybee Trees, LLC - rezone from zone R -T to zone C -1, 13 Fourteenth St. - PIN 4- 0007 -06 -001
(R -T zone): PC recommends approval. Mr. Hughes explained that another option for this
property would be conditional zoning in which the map would be amended and restrictions
about what would be allowed in it. He said it would last until someone petitioned to rezone it.
Mr. Hughes said let the minutes reflect the map is in the room and the parcel is identified with
the PIN number on the agenda as well as on the map.
Mr. Solomon spoke in opposition to the petition to rezone saying it would affect property values
for the residential neighbors to the North. He said he made sure the zoning was still R -T when
he bought his property and he requested Council protect him. Ms. Sheldon said there would still
be a buffer between the property and the Garrett's and Solomon's.
Mr. Gay spoke in favor of the petition to rezone saying it would give the ability for the property
to provide a service that is in high demand and would complement our business community.
Mr. Andre spoke in opposition to the petition to rezone saying it would be a detriment to the
neighborhood.
Mr. Hughes explained that conditional zoning permits the property to be rezoned to a category
to where you control what activities are conducted there rather than opening up the whole list
of allowable uses in C -1. He said this property would be burdened with whatever restrictions are
put on it until somebody was to apply to rezone it again.
Mr. Brown moved to continue this until the overlay district is in place, Mr. Brewer seconded,
and the vote was four to two with Brown and Brewer in favor and Wolff, Crone, Smith and
Doyle in opposition.
Mr. Wolff moved to continue until petitioner presents their Site Plan and Special
Review to Planning Commission and it has come back to council on May 8th for
consideration of C -1 conditional zoning, Mr. Smith seconded and the vote was Wolff,
Smith, Doyle and Crone in favor and Brewer and Brown opposed.
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Mayor Pro Tem Doyle opened the public hearing.
Ms. Allen presented a request for Site Plan Approval of a new retail commercial
building: Section 5 -080; Paul Scarborough / new retail commercial building, 406 First St. - PIN
4- 0003 -13 -020 (C -2 zone): P.C. recommends approval with conditions. Ms. Allen said council
had been given a revised site plan addressing the conditions recommended by the P.C. She said
by approving the site plan you will be approving variances for a narrower drive isle and parking
requirements. Mr. Wolff said since we are allowing you to meet your parking requirement by
putting parking spaces in the right of way on Miller that potentially the city will be metering
those spaces. Ms. Allen said the city is not allowing the petitioner to count those spaces as part
of their parking requirement because those spaces are in the city right of way. Mr. Wolff
moved to approve, Mr. Smith seconded and the vote was unanimous.
* **
Mayor Pro Tem Doyle opened the public hearing.
Ms. Allen presented a request for a Zoning Variance: Section 5 -090 from Section 5-
010(J), Shore Protection with variance clause; Bonnie Gaster for Randolph Bishop / shore
protection line variance for new single family dwelling, 8 Palmwood Ct. - PIN 4- 0002 - 24-005
(PUD zone): Ms. Allen said the PC recommends approval. Ms. Gaster said the petitioner wants
to be able to pull back 10 feet from the toe of the dune and build an acceptable house on this
property. Mr. Smith moved to approve, Mr. Brewer seconded and the vote was
unanimous.
* **
Zoning Variance: Section 5 -090 from Section 3 -080, off street parking requirements; Robert
Chu / two driveway openings, 5 Palmwood Ct. - PIN 4- 0002 - 24-003 (PUD zone): PC
recommends approval. Withdrawn @ staffs request.
* **
Mayor Pro Tem Doyle opened the public hearing. She read a letter from William Peterson asking council
to consider allowing dogs on the beach.
The following people addressed council regarding the Dog Park.
Chris Garbett: in favor of not moving the Dog Park.
Lynn Hamilton: in favor of keeping the Dog Park in Memorial Park.
Annie Quinting: in favor of keeping the Dog Park in Memorial Park.
Bill Criner: opposed to a Dog Park located on Fort Avenue.
Freda Rutherford: concerned with Tybee selling public land.
Libby Bacon: encouraged council not to make a decision until their review of the Memorial Park Plan.
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Wayne Harper: concerned with keeping open space in Memorial Park
Peggy Stone: opposed to relocating Dog Park to Jaycee Park.
Deb Barreiro: opposed to moving the Dog Park
Mimi Ferrell: Garden Club to make Dog Park their major project this year.
Dave Postle: spoke in favor of the Dog Park in Memorial Park.
Sandi Postle: opposed to relocating the Dog Park to Jaycee Park
Roxanne Fleetwood: spoke in favor of keeping the Dog Park in Memorial Park.
Pamela Losing: spoke in opposition to the Dog Park being in Jaycee Park
Harvey Farrell: expressed support for the Memorial Park Master Plan.
Larry Nesbitt: expressed support for Dog's on the Beach.
Mr. Crone motioned that the Dog Park is to be removed from Memorial Park within
30 days; after 30 days the City Manager will be directed to get it gone, Mr. Brewer
seconded. Mr. Wolff said the people that put up this park have been good and faithful
stewards. He said the dog park is in a good visible location for tourist and is heavily used. He
said it is irresponsible for us to be making changes to the master plan for the park or moving
something at city expense that is in the right place to begin with. He said the only legitimate
criticism is it needs some shade. Mr. Brown said he has had enough people contact him over
the last few weeks that he believes there would be plenty of volunteers to help them move the
park. Mr. Brewer said he believes this council has tried hard to find a workable solution. The
vote was Crone, Brewer, Smith, Brown and Doyle in favor and Wolff opposed.
* **
Mayor Pro Tem Doyle called for a 5- minute break.
* **
Mayor Pro Tem Doyle opened the business meeting.
* **
Mr. Crone moved to approve items as listed earlier on the Consent Agenda, Mr.
Brown seconded, and the vote was unanimous.
* **
Alcohol License Application: Savannah Pride - beer, wine, liquor per event; 8/2/08 @ Memorial
Park: City Manager recommends approval of only a beer and wine license per the newly
adopted code regarding special events and liquor Mr. Smith moved to approve beer and
wine license only per newly adopted code, Mr. Wolff seconded and the vote was
unanimous.
* **
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Alcohol License Application: Tybee Island Veterans Committee - beer, wine, liquor per event;
5/31/08 @ Memorial Park: City Manager recommends approval of only a beer and wine license
per the newly adopted code regarding special events and liquor. Mr. Wolff moved to
approve beer and wine license only per newly adopted code, Mr. Smith seconded
and the vote was unanimous.
* **
Alcohol License Application: Tybee Fest -beer, wine, liquor per event; 5/16/08 @ 5/17/08: City
Manager recommends approval of only a beer and wine license per the newly adopted code
regarding special events and liquor. Mr. Wolff asked why this license was requesting liquor
when Tybee Fest president had expressed his support of the city not allowing liquor at special
events. Ms. Allen said she did not process this application and was unaware it was on the
agenda for tonight. Ms. Schleicher said this was time sensitive and our applications still include
liquor. She said we will be changing the applications to omit liquor in the future. Mr. Wolff
moved to approve beer and wine license only per newly adopted code, Mr. Brewer
seconded and the vote was unanimous.
* **
2nd Reading (revision #2: rewording of deposits): Water /Sewer Billing Ordinance to amend
Code Section 70 -38 Mr. Crone moved to approve w /Change to allow review after 12
months to determine if deposit should be adjusted to reflect actual average, Mr.
Brown seconded and the vote was unanimous. Ms. Schleicher asked if this would allow
the city to take deposits now. Mr. Hughes said yes and the second sentence in sub - section C is
to be deleted.
Byers Street /Permission for owners at Savannah Beach and Racquet Club to make
application to DNR for a permit under the coastlands protection act. Ms. Allen said
they are trying to speed their paperwork up and get in line with the DNR to have their coastal
marshland protection permit reviewed. She said they are applying on behalf of the city because
it is city right of way. Mr. Brown asked if there was a way to speed the Byers Street crossover
up. Ms. Allen said she thinks we could process the paperwork for the shore protection permit at
the same time as the Savannah Beach & Racquet Club. Mr. Brown asked if the Racquet Club
was going to share in the expenses for the crossover. Ms. Allen said the crossover cost will be
paid by the city and any cost- sharing discussed would be for the improvement of the unopened
right of way Mr. Brown moved to approve, Mr. Smith seconded and the vote was
unanimous.
* **
Mr. Wolff moved to go into Executive Session to discuss Litigation and Personnel,
Mr. Brown seconded and the vote was unanimous.
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* **
Mr. Wolff moved to go back into Regular Session, Mr. Brown seconded and the vote
was unanimous.
* **
Mr. Wolff moved to adjourn, Mr. Smith seconded and the vote was unanimous.
Vivian Woods, Clerk of Council
Mayor Pro Tem Wanda Doyle
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ORDINANCE NO. 6-2008
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
TO AMEND CODE SECTION 46- 25(e), COMPENSATION PLAN,
FOR THE CITY OF TYBEE ISLAND, GEORGIA
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia
to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of
the citizens of Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is the Mayor and Council thereof, and
WHEREAS, the governing authority desires to adopt ordinances under its home rule
powers,
NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee
Island that the Code Section 46- 25(e), concerning changes in the Classification and.
Compensation Plan, be amended as follows so as to be more consistent with the Charter of the
City:
(e) Changes in classification plan
(1) The classification plan may be amended from time to time by the city
manager, with the avnroval of the Mayor and Council. Such changes may result from the need
of creating new positions, changes in organization, or changes in assigned duties and
responsibilities.
(2) The city manager shall review all requests for creation of new positions,
the abolition or consolidation of present positions, reclassification of positions to different job
classes, or the reallocation of positions to new salary ranges. In such review the current duties
and responsibilities of the position concerned will be studies and the appropriate action necessary
to ensure the correct classification and allocation of the position will be taken, and. when
necessary in connection with an amendment to the plan, with the approval of the Ma or and
Council.
(3) Each department head shall report to the city manager any changes in the
organization or assignment of duties and responsibilities of a given employee which might result
in changes in the position - classification plan or in the classification of any of the positions within
the department.
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This Ordinance shall become effective on !1) day of
ADOPTED THIS AL DAY OF
Al !EST:
( .L,
CLERK OF COUNCIL.
FIRST READING: 3/.
! ��
SECOND READING: O/O
ENACTED: g___ QU
2008.
GIEMNTYBEF/4RDINANCES2008/Amd Compensation Plan 03.05.08
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ORDINANCE NO. 7-2008
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
TO AMEND CODE SECTION 2 -212, SO AS TO CHANGE THE FISCAL YEAR,
FOR THE CITY OF TYBEE ISLAND, GEORGIA
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia
to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of
the citizens of Tyree Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is the Mayor and Council thereof, and
WHEREAS, the governing authority desires to adopt ordinances under its home rule
powers,
NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee
Island that Code Section 2 -212, Fiscal year, is amended so that hereafter so that such section
shall read as follows:
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Sec. 2 -212. Fiscal year.
The fiscal year of the city shall begin on July 1 and shall end on June 30 of year each.
This Ordinance shall become effective on
ADOPTED THIS /OAY OF
ATTEST:
)6.3(af\IU LI
CLERK OF COUNCIL
FIRST READING:
3/ah (os
SECOND READING: '� D /D,
ENACTED:
GJEMWTYBEF(ORDINANCE8/2008/Amd Fiscal Year 03.05.08
Gi day of
2008.
49/
MAYOR RG T [- M
, 2008.
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ORDINANCE NO. 11 -2007
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
SECTION 70 -38 TO PROVIDE FOR BILLING OF WATER SERVICES
FOR THE CITY OF TYBEE ISLAND, GEORGIA
An ordinance to amend the Code of Ordinances for the City of Tybee Island, Georgia, to
provide for billing of water services for the City of Tybee Island.
Now therefore, be it ordained that the Code of Ordinances, City of Tybee Island, Section
70 -38 is hereby amended so as provide as follows:
(a) Bills for water service shall be rendered promptly following the determination of
usage and shall be due and payable at the city cashier's office at City Hall no later than fourteen
(14) days from the date of billing. Billing on each account shall occur monthly. Bills shall state
the separate charge for water service, the charge for sewer service and the total thereof. Bills
shall be declared delinquent if not paid within fourteen (14) days following the date of billing.
(b) Water service may be discontinued whenever the total billing for water service,
sewer service, and sanitation service (if included in the utility billing) is not paid in full and
received at the city cashier's office on the due date. An exception to this provision is when the
amount is equal to or less than one delinquency fee. If a customer disputes a bill, the customer
shall give notice in writing and request a hearing before the due date of the bill. In such cases
where notice by the customer is received, the designated representative of the City shall notify
the customer of the date and time of the hearing during normal working hours. If a customer
who has disputed a bill does not appear for the hearing, termination of service shall be
authorized. The procedure pursuant to this subsection shall not be required when there is
unauthorized use of water services.
For purposes of this subsection, it shall be the duty of any user who is other than a
customer, or any customer whose address shall be other than that shown on the application for
water service to amend or file a new application for water service to reflect the name and/or
address to which notice pursuant notice to this subsection should be transmitted.
When any service is discontinued due to delinquency, it shall not be restored until the
delinquent bill is paid in full, including a service charge. A delinquency fee of $28.00 shall be
charged if the bill is not paid on the first business day of the month. A flat fee of $35.00 shall be
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charged when service is resumed after normal working hours. The delinquency fee may be
waived by the City Manager only in cases when a sworn affidavit is provided by the utility
customer that no billing was received due to circumstances beyond their control.
(c) The City shall be authorized to require a deposit following a credit check of an
applicant for service. In the event service is terminated at a customer's request, any balance
remaining on a deposit may be refunded to the customer provided the customer has provided
notice to discontinue service and a forwarding address. In the event services are not paid when
due, services will be applied against the deposit and, in the event a balance remains due
thereafter, such balance shall be billed to the customer.
(d) Tiered Rate Structure.
The City is authorized to impose a tiered rate structure based on usage. A specific
tiered structure shall be approved by the Mayor and Council by resolution and a copy of such
resolution shall be maintained on file in the Office of the Clerk and in the Office of the Finance
Officer of the City.
(e) Deposits.
The City will require a deposit on new accounts for water and sewer services.
The deposit amount on new accounts will be $200.00 for residential service and $500.00 for
commercial service. For commercial service, the customer may request review after a period of
12 months of billings and, if appropriate, the rate will be reduced to the average billing.
(f) Notice of Rate Adjustments.
The City shall provide for notice to affected customers of rate increases thirty (30)
days prior to the effective date of any rate change. However, a customer's failure to receive such
notice shall not impair nor delay an increase. The City may choose to give notice in the same
manner in which billing occurs, on the billing itself, or in any other manner determined by the
City to be reasonably effective in notifying customers.
This Ordinance shall become effective on /0 day of
, 2008.
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T"'
ADOPTED THIS / DAY OF
CLERK OF COUNCIL
FIRST READING: o o
SECOND READING: 08
ENACTED: /4408
, 2008.
/9,
MAYOR -F(ZD
G:\EMH\ORDINANCES\Billing Water Services — 04.10.08 FINAL
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ORDINANCE NO. 8-2008
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
TO AMEND CODE SECTION 6-12, REGARDING ALCOHOLIC BEVERAGES,
TO PROHIBIT THE SALE OR DISTRIBUTION OF LIQUOR AT SPECIAL EVENTS,
FOR THE CITY OF TYBEE ISLAND, GEORGIA
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia
to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of
the citizens of Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is the Mayor and Council thereof, and
WHEREAS, the governing authority desires to adopt ordinances under its home rule
powers,
NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee
Island that the Code, Chapter 6, Article I, be amended so as to create a new Section 6 -12 to
prohibit the sale, pouring, or distribution of liquor at special events and, in particular, special
events provided for in Article III of Chapter 54 of the Code. Such section shall read as follows:
Section 6 -12 Liquor Prohibited at Special Events
No liquor may be sold, poured, or distributed at special events as provided in Chapter 54,
Article III of the Code.
This Ordinance shall become effective on
ADOPTED THIS / (1 DAY OF
/V day of
tOado
CLERK OF COUNCIL
l Orl
SECOND READING: / • / °5
D
FIRST READING:
ENACTED:
-9<
MAYOR iRI) T'E M
GAMH/ YBEE/ORDINANCES2008/Alcoholic Bcvcragest 0320.08
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ORDINANCE NO. 9-2008
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
REGARDING SPECIAL EVENTS AND ALCOHOLIC BEVERAGES,
TO AMEND CHAPTER 54, ARTICLE III CONCERNING SPECIAL EVENTS,
FOR THE CITY OF TYBEE ISLAND, GEORGIA
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia
to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of
the citizens of Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is the Mayor and Council thereof, and
WHEREAS, the governing authority desires to adopt ordinances under its home rule
powers,
NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee
Island that the Code, Chapter 54, Article III, be amended so as to create a Code Section 54-74 to
prohibit the distribution of liquor at special events, which will read as follows:
Section 54-74 Liquor Prohibited
Consistent with the provisions of Section 6-12, no liquor may be sold or otherwise
distributed at any special event conducted under the provisions of this article.
This Ordinance shall become effective on JD Dday of
ll i
ADOPTED THIS lL DAY OF 2008.
Al "IEST:
wcc�, �t )001(Itz)
CLERK OF COUNCIL FIRST READING: 3 , � 108
o10?
p "10?
SECOND READING:
ENACTED:
idV -�-- �� '
MAYOR PO TL M
, 2008.
G'./ EMH IFYBEFJORDINANCFS/2008/Alcoholic Beverages2 0320.08
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STATE OF GEORGIA
COUNTY OF CHATHAM )
AFFIDAVIT
PERSONALLY appeared before the undersigned attesting officer, duly
authorized to administer oaths, ,� 30-1CA Q \�J ()
, 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 I O day of £ i4 iS , 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 I o
O f (Oki\) , 2008, which was closed for the
§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 O
day of af , 2008.
Ukkital■k)
Swom to and sub cribed before
Me this day of
(U,) A_ .l _ , 2008
CUE)
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Mayor/Presiding Officer