HomeMy Public PortalAbout20120510CCMinutes wsgCity Council Minutes 20120510
Consideration of Items for Consent Agenda
Mayor Buelterman called the consent agenda to order at 6:30PM on May 10, 2012. Those present were Mayor pro tem Wanda Doyle, Paul Wolff, Tom Groover, Frank Schuman, Barry Brown and
Bill Garbett. Also attending were Diane Schleicher, City Manager; Bubba Hughes, City Attorney; Tommy Branch, Callaway, Braun, Riddle and Hughes, PC; Dianne Otto, Manager, Planning and
Zoning Department; and Janet LeViner, Clerk of Council.
Mayor Buelterman listed the following items on the consent agenda:
City Council Minutes, April 26, 2012. Mr. Groover asked that a public note be added to the minutes regarding Orange Crush and the participation by the George State Patrol.
Alcohol License Request – Retail Beer/Wine Package Sales Only, Consumption on Premises Prohibited; Tybee’s Bait and Tackle at Lazaretto, Business License Number 02265
Claire Price and Mary Hogan to attend Accounting Conference on Amelia Island, FL. (40% discount) to go to Amelia Island. Line Item Number: 100-1510-52-3700, 100-1510-52-3500.
Maryellen Burner, Interim Chief Appraiser and Harold Copeland, Real Property Supervisor, Board of Assessors, Chatham County approached mayor and council to give a general overview of
the responsibilities of the Board of Assessors Office. She discussed the various legislative changes that could possibly affect property owners of Tybee Island. Notices of Assessment
will be mailed on May 15, 2012 and there is a possibility that residents will see an increase in property values as previous increases were captured by the moratorium. Mayor Buelterman
thanked Ms. Burner for speaking to council this evening.
Bubba Hughes, Back River Pier. Mr. Hughes stated that in reviewing the agreement of 1994 with Georgia Department of Natural Resources (GaDNR) and Tybee Island, the Back River Pier is
to close at dark. One option would be to be consistent with the hours of the parks and the Walter Parker Pier. Mr. Garbett stated this is a fishing pier but feels people need to be
considerate of the surrounding neighbors. He asked Ms. Schleicher who would be responsible for implementing the hours of operation, i.e., opening and securing the gate at closing.
Ms. Schleicher stated the Tybee Island Police Department would have that responsibility, council agreed. She also stated that there is only a gate frame at the Back River Pier and she
will contact Department of Public Works (DPW) to have the gate completed. After a short discussion, Frank Schuman made a recommendation that the Back River Pier would close at 10:00PM
to reopen at 6:00AM. Mr. Wolff agreed.
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. Hank Perry
Pledge of Allegiance
Report of Staff, Boards, Standing Committees and/or Invited Guests
Michael Neal, President of the Board of Directors, Marine Science Center approached mayor and council to give an update on the new Tybee Island Marine Science Center. Mr. Neal thanked
everyone for their support with the 2012 Turtle Trot. He then distributed a timeline (attached) for the Tybee Island Marine Science Center, North Beach Facility. He invited everyone
to attend the Community Planning Session, June 28 – 30, 2012 at the Shriner’s Club, as he would like to get the community input and support. The first phase will be funded by SPLOST
and he would ask Tybee Island Finance Department release funds as they will be making draws for the project. Mr. Neal again thanked the mayor for his continued support. Ms. Doyle thanked
Mr. Neal and Ms. Procopio for the timeline.
Vicki Worden, Chairman, Pool Committee, gave an update of the Tybee Island Pool. They have received three sets of plans for review and will come back to mayor and council with a recommendation
and financials in July. Ms. Worden further stated that they plan on using renewable energy and solar energy for the pool. She asked that council have a city employee write the grant,
Statewide Comprehensive Outdoor Recreation Plan (SCORP), for funding of the pool and the City apply for future SPLOST. Mr. Garbett clarified that a municipal employee does not have
to write the grant only that the City needs to sponsor the grant. Mr. Brown asked Ms. Worden the size of the pool. She stated that it will be 77’X107’ with a 10’ deck. Ms. Doyle then
asked Ms. Worden if they have chosen a location for the community pool. Ms. Worden said there were three locations they were looking at (1) Memorial Park, (2) Jaycee Park and (3) the
current location of the Tybee Island Police Department as there will be a new public safety building location. Mayor Buelterman stated he has concerns with the maintenance of the proposed
pool. She explained that it would be minimal as they are using renewable and solar energy. Mayor Buelterman thanked Ms. Worden for all her hard work.
Ed DiTommaso, Ecological Planning Group, Presentation of Tasks 1 and 2 of the Tybee Island Census Challenge. Mr. DiTommaso approached mayor and council to discuss Task 1 which is a
comparison between the 2000 and the 2010 census data to find the discrepancies. He read from his presentation which is included in the city council packet. He stated that the population
in 2000 was 3,392 and in 2010 were 2,990 people, which is a loss. Mr. DiTommaso explained there are different methods that can be used in a challenge, for example (1) living quarters
and (2) how the boundaries were drawn and housing units placed. They also looked at the number of certificate of occupancies that were issued for a baseline and worked closely with
city staff using water/sewer accounts. After looking at the multi-family units, the total population was 3,683 and that is a difference of 317 living quarters. Mr. DiTommaso feels
there is enough of a discrepancy to state that housing units were under counted by the US Census Bureau which increases the population by approximately 250. He recommends that the City
write a memorandum that could be used with the other municipalities and Chatham Country to outline the substantiate undercounting of census. This could assist the City in the LOST negotiations.
In writing the memorandum, it would not only be cost effective but also it could be done rather quickly as a formal census challenge could take up to six to eight months.
Mr. Wolff confirmed that the undercounting of 250 people represents 9% of the total population of Tybee Island and since LOST is calculated on population, we need to move forward with
the memorandum rather than a formal challenge. He then asked Mr. DiTommaso the cost of a census challenge. He could not say as there are so many variables involved. He would ask city
staff to assist in the data gathering as it would lower the cost considerably. Mr. Brown clarified that there are water meters that have multiply units attached as they are older condominiums.
Mr. DiTommaso stated that he worked very closely with city staff to identify these units. Mr. Garbett asked Mr. DiTommaso how we approach correcting the census. Mayor Buelterman asked
Mr. DiTommaso to bring a proposal back to mayor and council for their review and action. Mr. DiTommaso then stated that he did in fact give Ms. Schleicher a proposal prior to the council
meeting. Ms. Doyle asked Ms. Schleicher if she is ready to make a recommendation as to the course of action needed to be taken by the City. Ms. Schleicher stated that after she reviews
the proposal, she will make a recommendation at the next council meeting. Mr. Brown would like to put a dollar amount, per person, that was undercounted. Mr. DiTommaso stated that
he could use last year’s allocation of the population to arrive at a dollar amount per person. Mr. Wolff suggested that Mr. DiTommaso contact the tourism council to get numbers on the
occupancy rates along with the traffic count for day trippers and present those numbers for LOST negotiations. These numbers could have a cumulative impact on Tybee Island’s infrastructure.
Ms. Doyle again asked Ms. Schleicher to bring her recommendation to the next council meeting as to whether the City should do a formal challenge to the census or a memorandum. She
then asked Ms. Otto if individuals, when obtaining a business license for short term rentals, are required to give maximum occupancy for the individual property. Ms. Otto stated no.
Ms. Doyle then asked Mr. Hughes if this can be a requirement on the business license. Mr. Hughes stated that it could be done for multiply properties. Ms. Doyle feels it would be
valuable information for future census. Mr. Brown agreed.
Paul Wolff made a motion to approve the consent agenda to include establishing hours of the Back River Pier (close from 10:00PM until 6:00AM). Wanda Doyle seconded. Vote was unanimous.
Public Hearings
Zoning Variance – Robert Hough and Susan Brown, 1101 Lovell Avenue, side setback encroachment. Ms. Otto stated that this request was before the Planning Commission and was approved by
a vote of 3-2. She further explained that this is a corner lot and the owners are requesting a variance for expanding the side stairs to a width that would encroach into the setback.
Mr. Hough approached mayor and council to explain his request for a variance. He further explained that the purpose for widening the stairs and the landing is to eliminate the practical
difficulties of access by easing a way in to and out of his home. Due to the limited turning radius, furniture and appliances have been damaged when delivered to the residence. The
changes, if approved, will meet the building code and will not change the character of the neighborhood. Mayor Buelterman asked Ms. Otto if the 200’ rule applied to this request. She
stated no as it is for the side of the home rather than the front. Mr. Hough also explained that this is a minimal intrusion into the set-back, the large green-space is
retained, and there is no interference to the utilities. Mr. Wolff then stated that he feels there is no hardship based on the code and he would suggest alternatives, primarily moving
the stairs to the other side of the residence. Mr. Brown confirmed that the stairs and landing would be built to code as the current stairs and landing pose a safety hazard especially
for a young child. Mr. Schuman stated that the stairs need to be replaced as they are old. Mr. Garbett then stated he has concerns with the variance request. He feels that the current
stairs and railing are flimsy and would cause a safety issue if they were bumped when bringing furniture or appliances into the home. The door frame is 36” wide as are most residences
on Tybee Island and this request for a variance does not create a hardship although the stairs do need to be repaired. Mayor Buelterman then asked Ms. Otto, why when writing the ordinance,
the 200’ rule does not apply to side yards? Ms. Otto replied that the ordinance predates her employment. Mayor Buelterman stated that the main purpose of the 200’ rule is to have
a saw-tooth effect and if this request was for the front yard, the request would not be before mayor and council this evening. Ms. Otto confirmed. Sue Brown then approached mayor and
council to request approval of this variance request. She further stated that at no time during the purchase or closing of the property, with an attorney, were they told they could
not redo the stairs if they wished. She then explained that when Mr. Garbett visited the property that day, she did show him that it would be mathematically impossible to bring furniture
or appliances up the stairs without damage to same. Ms. Brown also stated that if she had known at the time of closing she would not be able to replace the stairs and/or the landing,
she would not have purchased the residence. She also requested that mayor and council approve their variance request. Mayor Buelterman read a letter from Mike Hosti, owner of Tybee
Market, requesting mayor and council approve Mr. Hough and Ms. Brown’s variance request (attached). Frank Schuman made a motion to approve. Wanda Doyle seconded. Voting in favor were
Tom Groover, Frank Schuman, Wanda Doyle and Barry Brown. Voting against were Paul Wolff and Bill Garbett. Motion carried 4-2.
Special Review and Site Plan Approval – Memorial Park Bike Path. Mayor Buelterman opened the public hearing for special review and site plan approval for the proposed bicycle path at
Memorial Park. Ms. Otto stated this was before Planning Commission at the April 17, 2012 meeting. The vote was unanimous for both special review and site plan approval to keep the
bicycle path in Memorial Park in its current location using only pervious materials. Mr. Groover asked the status of the previous vote at the February 2012 city council meeting to move
the bicycle path in Memorial Park to run adjacent to Jones Avenue. Mr. Hughes stated that the vote was prior to special review and site plan approval by the Tybee Island Planning Commission.
The current ordinance requires that the process of special review and site plan approval be followed in order to make alterations in Memorial Park. Mr. Groover asked for clarification
when an artist rendition was brought before mayor and council in November 2011 and approved on the consent agenda. Mr. Hughes explained that that was adopting a plan for Memorial Park
and not approving a bicycle path. Special review and site plan approval must take place to establish a new use or change in Memorial Park. Mr. Groover stated that the Planning Commission
was shown two plans, one being an artist rendition and the other a site plan that was adopted in 2004 by mayor and council where the bicycle path was called a
w a l k i n g p l a n a n d h e f e e l s t h i s c r e a t e s c o n f u s i o n . M a y o r B u e l t e r m a n e x p l a i n e d , b a s e d o n t h e c u r r e n t o r d i n a n c e , m a y o r a n d c o u n c i l m u s t f o l l o w t h e p r o c e s s f o r s p e c i a l r e v i e w a n d s i t e
p l a n a p p r o v a l f o r a n y c h a n g e s i n M e m o r i a l P a r k . M r . H u g h e s s t a t e d t h a t t h e v o t e i n F e b r u a r y 2 0 1 2 w a s p r e l i m i n a r y a s t h e p r o c e s s m u s t b e f o l l o w e d f o r s p e c i a l r e v i e w a n d s i t e p l a n a p p r o v a l .
M s . D o y l e s t a t e d t h e v o t e t h a t w a s d o n e b y p r e v i o u s c o u n c i l h a d t o d o w i t h t h e m a s t e r p l a n o f t h e p a r k a n d d i d n o t i n c l u d e s p e c i f i c s a b o u t a n y t h i n g e l s e . S h e f u r t h e r s t a t e d t h a t M r .
H u g h e s h a d c o n f i r m e d w i t h h e r t h a t i f a n y c h a n g e s w e r e d o n e t o M e m o r i a l P a r k , t h o s e c h a n g e s w o u l d h a v e t o g o b e f o r e P l a n n i n g C o m m i s s i o n f o r s p e c i a l r e v i e w a n d s i t e p l a n a p p r o v a l . M r .
H u g h e s c o n f i r m e d . M s . D o y l e a l s o s t a t e d t h a t s h e h a s c o n c e r n s w i t h t h e m o t i o n m a d e a n d a p p r o v e d b y t h e P l a n n i n g C o m m i s s i o n a s t h e w o r d p e r v i o u s w a s i n c l u d e d i n t h e r e c o m m e n d e d m a t e r i a l s
t o b e u s e d w i t h t h e b i c y c l e p a t h a s e v e r y t h i n g t h a t h a s b e e n b e f o r e m a y o r a n d c o u n c i l p r e v i o u s l y t h e w o r d p e r m e a b l e h a d b e e n u s e d . M r . D o w n e r D a v i s , T y b e e I s l a n d s C o n s u l t i n g E n g i n e e r
a p p r o a c h e d m a y o r a n d c o u n c i l t o a n s w e r q u e s t i o n s . M r . D a v i s s t a t e d t h a t t h e s e t w o w o r d s a r e i n t e r c h a n g e a b l e . M r . B r o w n a s k e d M r . D a v i s t o e x p l a i n t h e d i f f e r e n c e b e t w e e n p e r v i o u s , p e r m e a b l e
a n d p o r o u s . M r . D a v i s s t a t e d t h a t t h e s e t h r e e w o r d s c a n b e u s e d i n t e r c h a n g e a b l y . M r . G a r b e t t t h e n m a d e a p r e s e n t a t i o n s h o w i n g h i s r e c o m m e n d a t i o n f o r t h e b i c y c l e p a t h t o r e m a i n i n i t s
c u r r e n t l o c a t i o n i n M e m o r i a l P a r k . H e a l s o s t a t e d t h a t p u b l i c s a f e t y i s a m a j o r c o n c e r n i n d e t e r m i n i n g t h e l o c a t i o n . H e w o u l d r e c o m m e n d t h a t t h e b i c y c l e p a t h r e m a i n i n i t s c u r r e n t
l o c a t i o n , s t r a i g h t e n i n g o u t t h e c u r v e s b e h i n d t h e f i r e s t a t i o n a s m u c h a s p o s s i b l e , p a v i n g a n d c o m p l e t i n g t h e p r o j e c t . M r . B r o w n i n t e r j e c t e d t h a t h e w a s t r y i n g t o c r e a t e a w a l k i n g p a t h
a r o u n d M e m o r i a l P a r k f o r r e s i d e n t s a n d b e a c h g o e r s o n t h e s o u t h e n d o f t h e I s l a n d . H e a l s o a s k e d M a y o r B u e l t e r m a n h o w m a n y p a r k i n g s p a c e s w o u l d b e l o s t b y k e e p i n g t h e b i c y c l e p a t h i n
t h e i t s c u r r e n t l o c a t i o n ? I t i s t h o u g h t t o b e e i g h t s p a c e s . M a y o r B u e l t e r m a n r e a d a l e t t e r f r o m J a n E l l i o t t ( a t t a c h e d ) a s k i n g f o r a f a v o r a b l e d e c i s i o n b y m a y o r a n d c o u n c i l . W a y n e
H a r p e r a p p r o a c h e d m a y o r a n d c o u n c i l t o e x p r e s s h i s o p i n i o n s . H e w a s o n t h e o r i g i n a l a d h o c c o m m i t t e e a n d w o u l d a s k t h a t t h e b i c y c l e p a t h s t a y i n i t s c u r r e n t l o c a t i o n . H e d o e s n o t a g r e e
t h a t t h e p a t h n e e d s t o b e 8 w i d e a n d t h e b i c y c l e p a t h d o e s n o t t o b e m o v e d t o b e a d j a c e n t t o J o n e s A v e n u e . H e c o n f i r m e d w i t h M r . B r o w n t h a t o n e o f t h e p r o p o s e d l o c a t i o n s f o r t h e b i c y c l e
p a t h a s d r a w n b y G a r y S a u n d e r s w a s t o h a v e t h e p a t h a d j a c e n t t o J o n e s A v e n u e w h i c h a l s o i n c l u d e d a w a l k i n g p a t h . T h i s p r e l i m i n a r y p l a n w a s n o t v o t e d o n n o r p a s s e d b y m a y o r a n d c o u n c i l .
D e m e r y B i s h o p a l s o a p p r o a c h e d m a y o r a n d c o u n c i l t o a s k w h y a n d w h a t i s t h e m o t i v a t i o n i n m o v i n g / c h a n g i n g t h e b i c y c l e p a t h . M r . B r o w n r e p l i e d t h a t h e w a s t r y i n g t o c r e a t e a w a l k i n g
p a t h a n d t o k e e p M e m o r i a l P a r k g r e e n . M r . B i s h o p h a s c o n c e r n s w i t h t h e i n g r e s s a n d e g r e s s a s y o u c o m e i n t o t h e p a r k o f f J o n e s a n d w h a t p r o b l e m s c o u l d b e c a u s e d a s b i c y c l i s t s m o v e a c r o s s
t h e p r o p o s e d i n g r e s s a n d e g r e s s a r e a . S e c o n d l y , h e h a s i s s u e s r e g a r d i n g p u b l i c s a f e t y a s b i c y c l i s t s r i d e o n J o n e s A v e n u e . H e f u r t h e r s t a t e d h e i s f a v o r o f t h e b i c y c l e p a t h r e m a i n i n g
i n t h e c u r r e n t l o c a t i o n a s i t i s a b e n e f i t t o M e m o r i a l P a r k . M r . S c h u m a n s t a t e d t h e h e w o u l d l i k e t h e b i c y c l e p a t h t o r e m a i n i n i t s c u r r e n t l o c a t i o n . H e f u r t h e r a s k e d w h y d i d t h e p r o p o s e d
b i c y c l e p a t h n e e d t o b e 8 w i d e . M r . D a v i s s t a t e d t h a t s t a n d a r d s r e c o m m e n d t h e w i d t h o f t h e b i c y c l e p a t h s h o u l d b e 8 a n d h e w o u l d r e c o m m e n d t h e s a m e . M s . O t t o s t a t e d t h a t t h e t r a v e l
w a y w o u l d b e 8 i n w i d t h w h i c h d i d n o t i n c l u d e t h e r i b b o n o r s h o u l d e r o f t h e p a t h . M s . D o y l e h a d q u e s t i o n s r e g a r d i n g t h e c o s t o f t h e p r o p o s e d b i c y c l e p a t h . I n r e g a r d s t o O p t i o n
A, $3,700 is allocated for DPW to prepare existing trail route, she would like clarification as to what that would entail. Mr. Davis explained that DPW would scrape the sod and delineate
the actual trail. With the scraped sod/dirt, he would fill in low lying areas within Memorial Park. Ms. Doyle then confirmed that the $3,700 does not include the agitateaggregate..
Mr. Davis confirmed. Mr. Wolff recommended the bicycle path remain in its current location and be 6’ wide as it is not a racing path. By reducing the width of the path, it would also
reduce the overall cost of the path and would be in the budget range as set forth by staff. Mr. Garbett agreed that a 6’ width for the proposed bicycle path would be adequate. Mayor
Buelterman agreed.
Bill Garbett made a motion that the bicycle path at Memorial Park remain in its current location for special review. Paul Wolff seconded. Voting in favor were Paul Wolff, Frank Schuman,
Wanda Doyle and Bill Garbett. Voting against were Tom Groover and Barry Brown. Motion carried 4-2.
Bill Garbett made a motion that the site plan be approved for the bicycle path through Memorial Park remains in its current location. Paul Wolff seconded. Voting in favor were Paul
Wolff, Frank Schuman, Wanda Doyle and Bill Garbett. Voting against were Tom Groover and Barry Brown. Motion carried 4-2.
Paul Wolff made a motion that the bicycle path through Memorial Park be 6’ wide. Frank Schuman seconded. Voting in favor were Paul Wolff, Frank Schuman, Wanda Doyle and Bill Garbett.
Voting against were Tom Groover and Barry Brown. Motion carried 4-2.
Bill Garbett made a motion that the material for the bicycle path through Memorial Park be asphalt or other suitable impervious material. Wanda Doyle seconded. Discussion: Tom Groover
asked what the exact square footage of the proposed bicycle path would be. Paul Wolff stated that it is 4,782 square feet. Voting in favor were Paul Wolff, Frank Schuman, Wanda Doyle
and Bill Garbett. Voting against were Tom Groover and Barry Brown. Motion carried 4-2.
Consideration of Ordinances and Resolutions. First Reading, 18-2012, Waste Disposal. Ms. Doyle stated that if mayor and council were to approve the proposed ordinance, with the times
and penalties, residents/property owners could in fact pay more than $5.00 per month. She further stated that the City might need to go back to WastePro and renegotiate the side yard
pickup. Mr. Wolff concurred as he does not feel that residents need to subsidize the vacation rental industry. Property managers need to add the cost of the side yard pickup into their
fees for vacation rental properties. Ms. Doyle has heard from various vacation rental property managers as they have expressed concerns as WastePro is not picking up as agreed. Ms.
Schleicher stated she was aware of issues but thought all issues had been resolved. Mr. Schuman feels that it should be mandatory for all vacation rental units to have side yard pick
up. Ms. Schleicher explained that the reasoning for the ordinance before them tonight is for the city marshal to have a way to enforce the time residents/business owners place their
cart at the curb and bring back to the residence/place of business. She confirmed that she has spoken with staff to get their recommendations. Mr. Garbett suggested that nothing be
done regarding the mandatory side yard pickup as it has only been in effect for a couple of weeks. We need to wait until we have time to gather all the concerns and revisit. Ms. Doyle
has concerns with
times the carts would be set at the curb as well as when they should be brought back to the resident. It would also have to coincide with the work schedules of residents. Mr. Brown
asked Ms. Schleicher if times would have to be changed at all. Mayor Buelterman feels that without something in writing it is unenforceable. After a discussion regarding times, Ms.
Schleicher was asked send the proposed ordinance to staff for their recommendations and bring back to next city council meeting. Mayor Buelterman also confirmed with Mr. Hughes that
at the next meeting, mayor and council could have first and second reading of the proposed ordinance.
City Managers Report
Ms. Schleicher gave a report on upcoming events for 2012. Ms. Doyle asked Ms. Schleicher if a plan is in place for the Beach Bum Parade. She confirmed. Ms. Schleicher then stated that
the plan before mayor and council will be taken to the Public Safety Committee for their recommendations. She then asked Ms. Schleicher if the Parking Committee would be involved in
the planning for 4th of July. Mr. Garbett confirmed that the Parking Committee will have a plan for the upcoming 4th of July celebration. Mayor Buelterman asked Ms. Schleicher, in
regards to upcoming special events, what is the rule for parking in the city rights-of-way? Ms. Schleicher stated that tickets will be given in you are parked in an undesignated/unsigned
location regardless if you have a pay-and-display receipt or not. It must be a designated parking spot.
Paul Wolff made a motion to adjourn to Executive Session to discuss litigation, personnel and real estate acquisition. Wanda Doyle seconded. Vote was unanimous
Paul Wolff made a motion to return to regular session. Bill Garbett seconded. Vote was unanimous.
Paul Wolff made a motion to adjourn. Wanda Doyle seconded. Vote was unanimous.
Meeting adjourned at 9:55PM.