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HomeMy Public PortalAbout20080602BWSMeeting1 1 1 City Council budget Work Session June 2, 2008 Mayor Buelterman called the work session to order at 5:OOpm. Present were Mayor Pro Tem Doyle and Council Members Charlie Brewer, Barry Brown, Eddie Crone, Dick Smith and Paul Wolff. Also attending was City Manager Diane Schleicher, Finance Director Bonnie Kline, Police Chief Jimmy Price and Fire Chief Skip Sasser. Police Chief Jimmy Price presented his budget requests to council. Price noted that his budget was missing the following items and requested they be added: 1 Detention Officer POAB dues Cleaning at 20 hours Overtime. Price requested council increase the Judge's salary due to increased court schedules. He recommended $2,400 annually. • Price asked council if they wanted additional Rayon signs depicting vehicle speeds around the Island at a price of $3,600 each. Mr. Wolff recommended using a solar sign for $2,000. He will get the information for the Chief. A discussion ensued about the e911 service budget and the possibility of Thunderbolt using Tybee's service. Price discussed an L Scan Finger Printing machine in his capital equipment budget for $18,000. It will eliminate cards and ink and will be mandated in two years. * ** Fire Chief Skip Sasser presented his budget requests to council. Sasser noted there were no new requests for Fire Fighters in this budget due to the positions consisting of two part time and one full time. He said the calls have decreased and he feels they are manned adequately for now. Sasser discussed the possibility of generating foam in the new truck in case it's needed. Sasser requested an additional two bays at the Fire Department. One would be drive through and one closed. He said they need the extra space to house equipment. Mr. Wolff asked if the rescue boat could be utilized along the beach to maintain safety. Sasser responded the Jet Skis work well along the beach and there is a six minute response time on the boat. 1 1 1 His concern was having an additional two people to man the boat and the propeller presents a danger to swimmers. Mr. Brewer requested a financial analysis for Mules and Jet Skis. Mayor Buelterman adjourned the meeting at 6:15pm. Prepared 6/5/08 1 1 1 20080612 CITY COUNCIL MINUTES Mayor Buelterman called the Consent Agenda meeting to order at 6:30pm. Present were Mayor Pro Tem Doyle and Council Members Charlie Brewer, Barry Brown, Eddie Crone, Dick Smith and Paul Wolff. Also attending was City Manager Diane Schleicher, City Attorney Bubba Hughes and Planning Director Brannyn Allen. Consent Agenda: Mayor Buelterman listed the following items on the Consent Agenda: First Supplement to Planning Assistance to State Program Letter of Agreement between the Department of the Army and the City - $33,000, line item #100 - 4250 -52 -1201. Bids for installation of Electrical Service for 6 new cabins and 2 sewer lift stations at the campground. Line item #555- 6180- 54- 1100Braddy Electric $23,931. City Council Minutes for 5/22/08. Tybee Billiards, 1516 Butler Ave. - Retail beer /wine license. Rejection of Ante Litem notice from Raymond Coursey. Mr. Smith moved to approve the above Consent Agenda items. Ms. Doyle seconded the motion. The vote was unanimous. Mr. Wolff moved to go into Executive Session to discuss Litigation, Mr. Brown seconded. The vote was unanimous. Mr. Brewer moved to end Executive Session, Mr. Wolff seconded. The vote was unanimous. Mayor Buelterman called the regular meeting of the City Council to order at 7pm. Those at the consent agenda were also in attendance for the regular meeting. Invocation and Pledge of Allegiance: Reverend Fretwell Crider delivered the invocation. The Pledge of Allegiance followed. The following announcements were made: Mayor Buelterman announced that longtime Tybee Resident Johnny Jarvis had passed away. Mayor Buelterman welcomed Councilman Smith's nephew Christopher Smith and his wife Veronica. Reports of Officers, Boards, Standing Committees and or invited guests: Bill Blakey gave a report for the Audit Committee. Visitors: Gene Kindrick announced George Walker as the new commander of Post 154. Mr. Walker Announced a Dance to be held in honor of Gene and Wanda at the Legion on June 14, 2008. Mayor Buelterman presented a Proclamation for June 14, 2008 as Gene and Wanda Kindrick Day on Tybee in honor of their service to the American Legion Post 154 and the City of Tybee. Jerry Rothschild announced his candidacy for District Attorney. Page 1 of 7 1 20080612 CITY COUNCIL MINUTES Penn Myrick requested the city develop some type of parking enforcement for short term rental companies that allow their patrons to park large vehicles in small parking spaces. ** Council and City Manager discussed short term rental companies, policing and reviewing revenue standpoint. Ben Well of Atlantic Waste Services told council that service as well as price should be considered when choosing a new waste service for Tybee. He said they are locally owned. Russell Bridges requested a mechanism be put in place to allow private parking lots to open on Overflow days. * * Council and City Attorney discussed ordinance and weekend, holiday, special event policing. Sandy Major announced that Tiffany 2 is now in place at the Guard House. She thanked everyone associated with the project. Brucie Westerman of the Arts Association presented checks for $3,000 each to the Marine Science Center and the Friends of Tybee Theater. Ms. Westerman said according to the Master Plan for Memorial Park, vendors will not be allowed in the park. She said that will mean the kiss of death to the non profits that host festivals throughout the year in order to raise funds. ** Council discussed pricing and will take her input into consideration. Stephen Palmer requested council reduce the beach permit fees from $50 to $25. Council discussed the cost. Mr. Brewer moved to approve the reduction in Beach Permit fees to $25.00 each, Mr. Wolff seconded. The vote was Brewer, Wolff and Doyle in favor and Brown, Crone and Smith opposed. Mayor Buelterman broke the tie in favor of the motion to approve. Disclosures: Mr. Hughes said Mr. Smith had a disclosure in association with the public hearing for the Accreted property near Lighthouse Point. Mr. Hughes recommended council not take action on the property. Mr. Hughes said Mr. Smith and Mr. Brown own property within 500 feet of the North End Parks and Overlay District. Mr. Brewer disclosed the ownership of property in the South End Overlay District and recused himself from the discussion and vote. Mr. Hughes said Mr. Brown owns property within 500 feet of the South End Overlay District. Mr. Hughes said Mr. Brewer, Mr. Brown, Mr. Crone, Ms. Doyle and Mr. Smith had disclosed Campaign contributions from Mr. Kietzman who owns property within the Shore Protection line. He said having five recusals would render them not being able to make A decision on the Shore Protection Ordinance. He recommended recusal appeals be utilized in order to move this forward. Mr. Crone recused himself from participating on the shore protection variance petition from Bobby Chu. Mr. Crone said he was recusing himself at the City Attorney's request. Disclosure Appeals: Mr. Crone moved to approve the recusal appeal for Mr. Smith to participate on the North End Parks and Overlay, Ms. Doyle seconded. The motion carried with Crone, Doyle, Brewer and Wolff voting in favor and Brown and Smith recused. Mr. Crone moved to approve the recusal appeal for Mr. Brown to participate on the Page2of7 1 20080612 CITY COUNCIL MINUTES North End Parks and Overlay, Mr. Brewer seconded. The motion carried with Crone, Brewer, Doyle, Wolff and Smith voting in favor and Brown recused. Mr. Crone moved to approve the recusal appeal for Mr. Brown to participate on the South End Overlay Ordinance, Mr. Brewer seconded. The motion carried with Crone, Brewer, Doyle, Wolff and Smith voting in favor and Brown recused. Mr. Wolff moved to accept the recusal appeals for Brewer, Brown, Crone, Doyle and Smith to allow their votes on the Shore Protection Ordinance because of its wide applicability, Mr. Crone seconded. The vote was unanimous. Public Hearings: Mayor Buelterman opened the public hearing for a variance at 17 Logan Street for Archie Lanier. Ms. Allen said Mr. Lanier is requesting his porch have a 15 foot setback His front stairs will be at 10.8 feet. She said Planning Commission and staff recommended denial. Mr. Bert Barrett said the lot is substandard and Mr. Lanier has owned it for thirty seven years. Mr. Wolff said staff's determination was there was no hardship. He asked why council was hearing this. Mr. Barrett said this is a lot of record from 1919 and Mr. Lanier is not requesting to put a monstrosity on it. He said the house is 1,050 square feet with a 300 square foot porch. Mr. Brown said it looks as though the Setbacks would be in keeping with other houses on that street. Ms. Allen said staff Looked at applying the 200 foot rule and he could have a setback decrease to 16.57 feet and He would not need a variance. Ms. Allen said Mr. Lanier was not agreeable to Applying the 200 foot rule because of already having purchased his house plans. Mr. Hughes said the record should reflect that each Council member has the ordinances before them that apply to public hearings as well as 5 -090 on variances and the standards that council should take into account on this petition and the other petitions tonight. Mr. Brewer moved to approve, Mr. Crone seconded. Mr. Wolff said he felt they should not be approving this without a true hardship but he was in favor of applying the 200 foot rule. Mr. Hughes explained for clarity that it is up to council to determine what evidence of a hardship is adequate for the relief requested. He said there is some element of discretion and judgment involved. The vote was Brewer, Crone, Doyle, Brown and Smith in favor and Wolff opposed. Mayor Buelterman opened the public hearing for a Shore Protection Variance at 1 & 3 19th Street for Tom Waters in order to construct a fence.. Ms. Allen said the petitioner is requesting to encroach thirty eight feet into the Shore Protection area. She said Planning Commission and Staff recommended denial. Mr. Waters representing Dozier Cook and Robert Chu said they are requesting to add onto their existing fence along the left side and continuing on the ocean side and right side of the property. He said the fence across the 19th side and front would be stucco with a white vinyl being used for the other side. He said the fence is needed due to sand blowing and accumulating against the House on the porch. He said the openness of the property has presented problems with People using the property as a bathroom on 19th Street. Ms. Williams spoke in opposition to the petition. Ms. Doyle moved to approve, Mr. Brewer seconded. The motion carried with Doyle, Brewer and Brown voting in favor and Smith and Wolff voting in opposition. Mr. Crone recused himself. Page 3 of 7 1 20080612 CITY COUNCIL MINUTES Mayor Buelterman opened the public hearing for the Shore Protection Ordinance. Mr. Hughes said Mr. Crone wishes to file a recusal appeal in order to vote on this Ordinance. Mr. Brown moved to approve Mr. Crone's appeal in order to allow his vote on this ordinance change, Mr. Smith seconded. The vote was unanimous. Ms. Allen said the Planning Commission recommended continuing this ordinance pending further review at their meeting in August. Mr. Wolff said he thinks it is important for them to establish a baseline which would be listed on page 3. He said section 5 -A should state that no variances are allowed in a no -build zone. Mr. Hughes said he questions whether we can have an ordinance that doesn't provide a remedy in the event there is a unique circumstance. If there is a motion tonight, this discussion would need to be continued. Ms. Allen clarified the second special PC meeting is when it was decided to continue to August. Ms. Doyle does not feel that this much time is necessary. Mr. Smith confirmed this new ordinance encompasses most changes recommended by PC and that it is a work in progress. Mr. Hughes confirmed for Mr. Brown that this is not close to the state's shore protection line and it is simpler. He also said a permit would be needed from the city if a storm occurs and a resident needs to rebuild / improve. It would have application in the special review section. A comment was given by Ed Cawley about the forts. Recommends that any changes made to the Shore Protection Line should not result in loss of protection to Battery Backus or any other Ft. Screven gun batteries protected by Protection law. Sandy Major spoke in favor of Tybee having its own ordinance. Mr. Wolff moved to continue the Shore Protection Ordinance until the Council's first meeting in August to allow Planning Commission time to review it in their July meeting. Ms. Doyle seconded. The motion carried with Wolff, Doyle, Brewer and Brown voting in favor and Smith and Crone opposed. Mayor Buelterman opened the public hearing for the North End Parks and Overlay Ordinance. This will make the area, which is now RI and includes DPW, Campground and Police station, consistent / bring into conformance. Mr. Wolff and Ms Doyle would like to see the ordinance not include golf courses so as to not preclude a miniature golf course in conjunction with the campground. Mr. Hughes confirmed that if the campground were to be purchased, the council at that time could change its zoning if so petitioned. The Ordinance could have a zoning condition. Mr. Hughes wants the minutes to reflect that the zoning map was in the room and the overlay was displayed on the overhead screen. He also noted that the map will be amended by text. The standards council is to take into account when making a decision for this and the other map amendments are set in 5 -110 before council. Mr. Wolff moved to adopt the North End Parks and Overlay with the exception of excluding Golf Courses, Ms. Doyle seconded. The motion carried with Wolff, Doyle, Brewer, Crone and Smith in favor and Brown opposed. Page 4 of 7 1 1 1 20080612 CITY COUNCIL MINUTES Mayor Buelterman opened the public hearing for the South End Overlay Ordinance. Mr. Brewer recused himself. Ms. Allen reviewed the Ordinance. A map and text amendment to create the South End / Beach and Business Overlay District. It creates the legal vehicle to enforce the rules and procedures council adopted in February. The PC recommended one map amendment to move the line north from 17th Street to Silver — to encompass the southern most blocks of Silver and excludes the northern most blocks of 17t to include Hunter House. The PC unanimously recommended approval. Ms. Doyle discussed her concerns regarding Ordinance 3 -2008. Merchandise can be displayed on the sidewalk, but business must be transacted inside the business. Discussion ensued regarding having vending machines on personal property. Bill Blakey spoke to council about his concern that the planning commission should better prepare their members prior to the meetings. Rich Hammonds spoke about the proposed policy and procedures. He recommended that more thought be put in and those affected by the P & P should be more involved for input. Ms. Allen confirmed that the P & P can be amended with approval of the ordinance. Anne Miller confirmed that the northend line was moved to also include Cousin Vinnie's. Mr. Smith moved to approve the South End Overlay Ordinance, Ms. Doyle seconded. The motion carried with Smith, Doyle, Brown, Wolff and Crone in favor. Mr. Brewer recused himself. The Zoning Map was in the room and the overlay was displayed on the screen. Mayor Buelterman opened the public hearing for Rezone from R -1 to EC for the Accreted Property abutting or near Lighthouse Point Condominium property-Van Horn Street and the waters of the State. Mr. Hughes said PC recommended no action per his suggestion that it's not an appropriate solution to the problem. And He recommended Council not take action until more work can be done on this item. Pinky Butler spoke in support of what the City Attorney has suggested. Mr. Smith moved to take no action for no more than 90 days; at that time we will have a report from the parties interested in this property to give us an idea on how their transaction is moving along. Mr. Wolff seconded. The vote was unanimous. Mayor Buelterman opened the public hearing for Text Amendment to Article 11, Sectionl 1- 100, subsections (a) & (b); Planning Commission. Ms. Allen confirmed this is a text amendment amending the PC rules of operation — Section 11 -100. PC recommended approval. Mr. Wolff moved to approve the Text Amendment to Article 11, Sectionll -100, subsections (a) & (b); Planning Commission- doing away with agenda meetings and allowing Planning Commission rules to be adopted by Mayor and Council, Mr. Smith seconded. The vote was unanimous. Page 5 of 7 1 20080612 CITY COUNCIL MINUTES ** Mayor Buelterman reminded all that an issue arose when council was running for office the ethics ordinance has to be fixed as it relates to the Planning Commission. * * Mr. Brewer requested Mr. Wolff consider amending his motion to allow the text to be changed to decrease the size of the Planning Commission from 9 to 7 members in order to eliminate some costs of preparation and evaluation of planning commission items. Mr. Brewer moved to ask the City Attorney to revise the Text Amendment to Article 11, Section 11 -100 to reduce the number of Planning Commission members from nine to seven to streamline and make government less expensive and more efficient, Mr. Crone seconded. Mr. Brewer said along with the restructure there would be a revote on those who are already on the commission. Mayor Buelterman asked if it would be done now. Mr. Brewer said it is not unusual for a business to have a restructure and have everyone reapply for their job. Mr. Hughes said this would go to the Planning Commission as a text amendment to reduce the number of commissioners from nine to seven and as part of the ordinance there would be reconsideration across the board for the present planning commission members. It would come back to council for a public hearing. The motion carried with Brewer, Crone, Brown, Doyle and Smith in favor and Wolff opposed. Mayor Buelterman opened the public hearing for Rules of procedure for the Planning Commission. Ms. Allen summarized that the amendment to the Planning Commission rules of procedure and by -laws is not a text amendment. Changes were outlined in council's information. Planning Commission recommended approval. Mr. Wolff moved to approve the changes to the rules of procedure/by -laws for the Planning Commission, Mr. Smith seconded. The vote was unanimous. Mayor Buelterman opened the public hearing on budget FY 2009. Council discussed the final budget adoption that will take place at the June 26th council meeting. No one came forward to make public comment during the public hearing on the 2009 budget. Letter of Agreement between the MPC and the City amending previous agreement of $17,000 per year - $20,000 /year, line item #505- 4410 -52 -3950 Ms. Schleicher explained the cost is going up for this water conservation program because some communities are dropping out. She would like city council approve contingent on it going through. EPD has a requirement that cities have a conservation program and this is the most cost effective way. A consultant or another avenue will have to be considered if this is not finalized soon. Mr. Wolff moved to continue the Letter of Agreement for Water Conservation with the MPC pending the resolution with the other Municipalities in the county for $20,000 from line item 505- 4410 -52- 3950, Mr. Smith seconded. The vote was unanimous. Page 6 of 7 1 1 1 20080612 CITY COUNCIL MINUTES 14th Street Road and Drainage Project: Ms. Schleicher explained the Infrastructure committee has discussed this at great lengths and the recommendation is to keep the bid and do more engineering work on it and come back to council with engineering calculations to see if we can work with the contractor. Infrastructure Committee recommended this to be tabled until June 26. Old Business: 2" Reading Trailer Parking Prohibited Hwy 80: Mr. Hughes requested this be put on hold until there is additional communication with DOT concerning signage. This will be on the next meeting agenda. 2" Reading Bicycle Traffic Tybrisa / Stand: Mr. Wolff moved to approve the 2" Reading for the Bicycle Traffic Ordinance, Ms. Doyle seconded. The vote was unanimous. Mr. Wolff moved to go into Executive Session to discuss Litigation, Property Acquisition and Personnel, Mr. Smith seconded. The vote was unanimous. *X* Mr. Wolff moved to return to regular session, Mr. Smith seconded. The vote was unanimous. Mr. Wolff moved to adjourn, Mr. Smith seconded. The vote was unanimous. Page7of7 Vivian O. Woods, Clerk of Council ORDINANCE NO. 14 -2008 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES REGARDING BICYCLE TRAFFIC FOR THE CITY OF TYBEE ISLAND, GEORGIA 7 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, and WHEREAS, the City of Tybee Island desires to amend the Chapter 66 of the Code of Ordinances so as to create a new Section 66 -9 pertaining to bicycle usage, NOW, THEREFORE, be it ordained by the Mayor and Council duly assembled that Code Chapter 66, is amended to add Section 66 -9, and such section shall read as follows: Section 66 -9 Bicycle Traffic A. Except as provided herein and as otherwise provided, the Uniform Rules of the Road shall be applicable to bicycle traffic, however, on one -way streets within the City with or without a designated bicycle lane, bicycles may properly be operated on such streets as close to the shoulder of the road as possible. B. Bicycles may not be operated on sidewalks along Tybrisa Street or the Strand Avenue. This Ordinance shall become effective on ADOPTED THIS l DAY OF ATTEST: tA CLERK OF COUNCIL FIRST READING: laa �o SECOND READING: bli /O ENACTED: 424-1-24C5 G:/ EMH /TYBEE/ORDINANCES/2008/Bicycle Traffic 80 06.09.08 , 2008. 1 1 1 STATE OF GEORGIA ) COUNTY OF CHATHAM ) AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths „)0 OW-8 4-1 art , 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 %,elday of , 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 /''1 f , 2008, which was closed for the purpose(s) of Le I r �pf i 0 kt�e -rs o i► ,+1 e 1 % j e�, f & 71 .as allowed b J 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 /42 day of , 2008. Sworn to and subscribed before Me ..'s V 3441 day of 2008 VWlAN WOODS Public, Chatham, Cooiy, GA Enpire9 May 25, 200$ 1 ayor/Pre siding Officer 1 STATE OF GEORGIA ) COUNTY OF CHATHAM ) AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths, ® , 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 ey , 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 44/of , 2008, which was closed for the purpose(s) of 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 J a . day of -,t 2008. Sworn to and su scribed before Me ;� 's 19 day of , 2008 VIVIAN WOODS Notary Public, Chatham County, GA A,9y Commission EnpiroP M.y 25, 2O09 1 1 Ma, /Presidia Officer