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HomeMy Public PortalAbout20080710CCMeeting1 1 1 20080710 CITY COUNCIL MINUTES Mayor Buelterman called the Consent Agenda to order at 6:30pm. Council members present were Mayor Pro Tem Wanda Doyle, Charlie Brewer, Barry Brown, Eddie Crone, Dick Smith and Paul Wolff. Also present were City Attorney Bubba Hughes, City Manager Diane Schleicher and Planning and Economic Development Director Brannyn Allen. Mayor Buelterman listed the items on the Consent Agenda: Approved Grade and Position of Part-time Administrative Assistant to the City Manager. - Approved Grade and Position of Part-time Assistant to the Clerk of Council. - HGBD Engineering Fee Proposal 12`h -15`h Street Drainage Basin Study and Conceptual Plan /Not to exceed $23,000 from Line item 320 - 4250 -54 -1400. - Georgia Environmental Facilities Authority Loan (GEFA) Fort Screven Water Line Project and Water line improvements on South Campbell, $1,299,333 from line item 505 - 4410 -58 -2101. Mr. Wolff moved to go into Executive Session to discuss Litigation, Personnel and Property Acquisition, Mr. Brewer seconded. The vote was unanimous. Mr. Wolff moved to return to regular session, Mr. Brewer seconded. The vote was unanimous. Mayor Buelterman adjourned the Consent Agenda. Mayor Buelterman called the regular meeting of the City Council to order at 7:OOpm. Those present at the Consent Agenda were also in attendance for the regular meeting. Invocation and Pledge of Allegiance: Reverend Andy Lamon of Trinity United Methodist Church gave the Invocation. The Pledge of Allegiance followed. Mayor Buelterman introduced David Locke who is running for District Attorney. Mayor Buelterman introduced Greg Sapp as our School Board member. Ms. Brannyn Allen the Economic Development and Zoning Director introduced the new Better Hometown Coordinator as Chantel Morton the former Administrative Assistant to the City Manager and Clerk of Council. She said Chantel was the top candidate for the job and she is excited to have her on staff. Mr. Smith suggested council suspend the Economic Development Committee pending a Board of Directors to be selected for the better hometown program. He said he believes that is a requirement for us to be in the better hometown program. Mayor Buelterman suggested this item be put on the agenda for the 24th of July. Mr. Hughes said the safest thing is to have it listed on an agenda. Ms. Allen explained to council the process for selecting the better hometown board. She said she anticipates trying to fill the Board this fall. Visitors: Page 1 of 4 1 1 1 Mr. Phillip Rodriquez of Slidell Louisiana gave a presentation to the Island of a mosaic done by a local artist that includes 4,100 photographs taken after Katrina. He said the mosaic is to thank the entire community for donated goods, especially Nancy Solomon. He said his wife and family were here for six weeks and people took care of them and he appreciates that. He said many people helped out organizing donated goods to be taken to Slidell in the largest truck they could rent. He said his community and Fire Department really appreciated the badly needed items. He presented a thank you letter to Mayor Buelterman. He thanked Chief Sasser and all members of the Tybee Island Fire Department for conducting a boot drive and contributing the money to the relief fund for the Slidell Fire Department. Chief Sasser expressed appreciation to his department and the citizens of Tybee for contributing to this boot drive that raised $5,000. Mr. Rodriquez said Slidell is twenty five miles from the Gulf of Mexico and they were under water. He said the devastation on the coast was unbelievable. Mayor Buelterman reminded everyone that the brightly colored poles placed around the island with numbers 1 through 5 painted on them are to let people know that even a category 1 Hurricane will cause most of Tybee to be under water. Ms. Rodriquez expressed appreciation to Nancy and Shell Solomon for opening their home to the twenty five to thirty people the Rodriquez family had with them after the Hurricane. She thanked the whole community of Tybee for helping the Solomon's with that task. Visitors: Bill Cannon of Tybee Beautification invited everyone to the Tybee Prom that will be held at the American Legion on Saturday, July 26, 2008 at 7:OOpm. He said the theme is Psychedelic Summer of Love. The band, Sapphire Bullets of Pure Love will be performing and tickets are $20. He said the prom is an annual fundraiser for Tybee Beautification. Mayor Buelterman expressed appreciation for the beach cleanup sponsored by Tybee Beautification on July 5`h Henry Levy pointed out that Tybee has three things going for it. He said they put us ahead of New Orleans in case of a Hurricane. He said we don't have to depend on the inept Corps of Engineers to protect us. He said there is no protection and we have to get out. He said we have a smart Mayor and Council and we have a very smart Governor and he is sure we will fare better than Louisiana. Disclosures /Recusa ls: Mr. Smith recused himself for Mr. Abbott's petition due to a business dispute and litigation with the petitioner. Mr. Smith disclosed that his Wife Carolyn has handled transactions on other property for Mr. Hickox but the relationship is not such as to be a significant personal interest and therefore Mr. Smith will be allowed to participate in the hearing. Mr. Wolff disclosed that he lives only 200 feet from Mr. Hickox. Mr. Wolff requested an appeal to participate in the hearing. Mr. Brown moved to approve Mr. Wolff 's recusal appeal, Mr. Brewer seconded. Ms. Doyle said this is the same rule that dictated she recuse herself on the petition for the Bed & Breakfast to become a special event location because of her daughters business being located within 500 feet. She asked why she wasn't told she could request an appeal. Mr. Hughes explained there could have been an application or Page 2 of 4 1 1 1 request to be allowed to participate in spite of the recusal for that particular reason. He said if he didn't make that clear at the time that would have been his error and he apologized if Ms. Doyle didn't realize that. He said the ordinance dictates that you have to recuse yourself if you own property within 500 feet of the petitioner's property. He said but if you feel like you can be impartial about it you can appeal to the council to waive the recusal requirement. He said you can't appeal if you have a direct interest. Mr. Brewer said he too recused himself for the same petition due to the 500 foot rule and he didn't understand that he could request an appeal at that time. He said he guessed they are getting more and more familiar with this ordinance and that's why they are doing things a little differently. Mr. Hughes said he doesn't usually get the agenda until Monday night and he doesn't learn about some of these issues until the day of the meeting. He said under this ordinance we are going to have to revise that in order to get in compliance because it just won't work this way. He said council being blindsided by something like this in a meeting is not fair to council or the applicant. The vote was Brown, Brewer, Crone and Doyle in favor of granting the recusal appeal. Mr. Wolff did not vote. Public Hearings: Mayor Buelterman opened the public hearing. Ms. Allen presented the petition for a zoning variance for Anthony Abbott at 9 Logan St. She said this is a front setback variance for porch and stairs for a new single family dwelling. She said the Planning Commission recommended approval. Mr. Wolff asked where the 200 foot rule would come out to. Ms. Allen responded with the measurement of 16.9 feet. Mr. Brown asked how far the stairs will come out. Ms. Allen answered 12 feet. Mr. Abbott said he is building a Katrina Cottage which will leave much more green space. He said the Katrina cottage will be in keeping with the area on Logan St. Mr. Wolff asked if the petitioner had considered putting the steps to the side. Mr. Abbott said he considers the front steps a trade off for building a much smaller house and the steps at the front of the house are more welcoming. He said the cottage is pre fab to make it a green project and the front porch is made with steps coming out on the front. Mr. Brewer asked that Ms. Allen state why this project goes along with the Master Plan. Ms. Allen said it seems contradictory to the staff recommendation to deny but as the land development code is written right now the test for a variance is fairly strict and this request does not meet the strict letter of the law for a variance to be approved. She said the request is in keeping with the Master Plan as far as the community character. She said the way that street has developed with the mass, scale and height on Logan St. She feels it would be complimented by what is being proposed. Mr. Crone moved to approve, Mr. Brown seconded. The vote was unanimous with Mr. Smith having recused himself. Mayor Buelterman opened the public hearing. Ms. Allen presented the petition for a zoning variance for Rodney Hickox at 11 Naylor Ave. She said this is a request for setback variances in order to save two large Oak trees. She said the Planning Commission recommended approval. Ms. Allen said the petitioner is looking at an innovative foundation in order to protect the root system. She said included in council packets is the information the petitioner provided to them after consulting with arborists and various other tree experts to try and save these two trees. Mr. Brown asked Mr. Hickox for the distance from the house to the tree. Mr. Hickox guessed it was 15 feet. Mr. Brown said in looking at the side dimension on the plan it looks like it is 11.51 feet. Mr. Hickox said he is trying to locate this building on the same line as the previous building that was moved to the lighthouse. Ms. Allen said the 11.5 feet is measured off of the deck and not the house. Mr. Brown said the deck has a foundation. Mr. Hickox said the deck will be cantilevered from the house with no posts. He said the deck will be on the second Page 3 of 4 1 1 1 level and will not be on the bottom level. Mr. Wolff said Mr. Hickox has obviously done his due diligence and is taking the least damaging course to save the trees. He said this is a creative solution and will be an asset to the neighborhood. Mr. Crone moved to approve, Mr. Brewer seconded. The vote was unanimous. * ** Business legally presented: Mr. Wolff moved to approve the Consent Agenda, Mr. Smith seconded. The vote was unanimous. * ** Mr. Hughes said he had a correction to make about his statement that he doesn't get the agenda until Monday night. He said Ms. Woods e-mails the agenda to him just as she does City Council on Friday night. He said what they need to deal with is the petitions coming out of the Planning Commission and having them reviewed at that point to determine who owns what and where. * ** Mr. Brewer moved to adjourn, Mr. Wolff seconded. The vote was unanimous. 10 Aklam, CD AkkoA0 Vivian 0. Woods, Clerk of Council Page 4 of 4 ayor Jason Buelterman 1 1 STATE OF GEORGIA COUNTY OF CHATHAM ) AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths, Ck s Oh [B Gte„ i #p /rt , 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 Q day oii� , 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 / 0 of •1 2008, which was closed for the purpose(s) of L.; rata 4 ro k f'eYS o n 14, Wed &sl d 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. 1 1 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 it14.1 day of 9,01 , 2008. 0 Sworn to an subsc 'bed before M .. this ? y of 2008 VIM ` W00DS NM, Chatham County, GA My Commission Expires Msy 25, 2009 ayor/Presiding Officer