Loading...
HomeMy Public PortalAboutCCMinutes wsg (2)20120412City Council Minutes 20120412 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30P.M. on April 12, 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: Tybee Island Beach Bum Parade, May 18, 2012, 6:30PM, North Beach Parking Lot (staging) and end at Strand Avenue. Purple Stride Savannah 2012, November 17, 2012, 3:30PM, Walter W. Parker Pier and Pavilion/Beach, The Pancreatic Cancer Action Network, Savannah Affiliate. Proposed Change for Public Defender Program for Tybee Island Court - Current Cost for State Service $12,500/year - Tybee Island Municipal Court Public Defender (Ms. Elizabeth E. Coolidge) $7,000/year: Cost savings per year - $5,500. Budget Line Item Number: 100-2650-57-1008. Historic Butler Pedestrian Safety TE Grant – Proposed Amended Concept Plan, Updated Budget and Updated Engineering Costs from HGBD to Complete the Project. Estimated Revised Construction Budget - $164,030 and Engineering Costs - $24,192 for a total cost = $188,222. SPLOST Budget will need to be amended by $31,972 to complete project. Budget Line Item Number: $125,000 TE Grant (340-00-33-1001) and $31,250 SPLOST (320-4970-54-2500) = Total $156,250. Discussion: Paul Wolff stated the Infrastructure Committee recommends going forward with option of 1’ curb extension and asked the engineers to come back with more workable numbers in order to cut the cost of the project. Diane Schleicher added that the Infrastructure Committee did approve the amended engineering for $24,192.00. GMEBS Defined Benefit Retirement Plan Addendum to the Adoption Agreement First and Second Reading, Ordinance, Clerk of Council retains the entire copy which is available upon request Second Reading, 13-2012, Stormwater Management Reports of Staff, Boards, Standing Committees Quarterly Reports Mary Hogan, Finance Director announced that electronic billing for water and sewer bills has been implemented and is going well. She introduced Heather Brown and Shawn McNally as new additions to the Finance Department. Heather is the new cashier and Shawn will be doing contract work filming city meetings. In addition, Denise Dubuque has been promoted the Parking Supervisor. George Reese, Water/sewer gave his report and asked if there were questions. Mayor Buelterman added that he had met with Georgia Department of Natural Resources (GaDNR) and it is highly unlikely that Tybee Island will receive in increase in our withdrawal permit. Danny Carpenter reported the Department of Public Works (DPW) is extremely busy and working seven days a week. Frank Schuman asked if 16th Street could be put on the list to be pressured washed. Mr. Carpenter confirmed. Gina Casagrande, Tybee Island YMCA reported on all programs and activities this quarter. Ms. Casagrande also encouraged everyone to donate items to the Rising TYde Community Food Pantry. Mayor Buelterman called the regular meeting to order at 7:00P.M. All those present for the consent agenda were present. Opening Ceremonies Call to Order Invocation: Downer Davis Pledge of Allegiance: Recognitions and Proclamations. Melissa Freeman, Stephanie Hogan and Nalene Conway completion of Level II, Local Government Finance Officer’s Program. Mayor Buelterman congratulated them for their achievement and expressed the City’s sincere appreciation for their dedication to the Finance Department, City of Tybee Island. He also recognized Claire Price as she completed Level II in 2003. Wanda Doyle made a motion to approve the city council minutes from March 22, 2012. Paul Wolff seconded. Vote was unanimous. Report of Boards, Standing Committees and/or Invited Guests Carolyn Jurick, Tybee Island Maritime Academy, approached mayor and council to give an update on the Maritime Academy. She stated that the charter was submitted and they are now awaiting approval from Savannah/Chatham County School System which is on their agenda for May 2, 2012. The website is up and running, www.tybeeislandmaritimeacademy.com, and would encourage everyone to complete the survey that will be on the website soon. She invited everyone to attend the monthly meeting of the governing board which meets at city hall. Paul Wolff thanked Ms. Jurick and everyone on the governing board for their hard work. He also encouraged everyone to support the Tybee Island Maritime Academy. Susan Oates, Paint Georgia Pink, approached mayor and council to give an update on the breast cancer walk, Paint Tybee Pink on May 5, 2012. Everyone is encouraged to go to the website www.paintgeorgiapink.org and register. There will also be a kick-off meeting on Friday evening, May 4, 2012 at Two Pirates and Pub. The beneficiary for the walk is the Liblines Breast Cancer Fund at Anderson Cancer Institute of Memorial University Medical Center in Savannah as all money raised stays in Coastal Georgia area. Pam O’Brien, 5A Lighthouse Lane, approached mayor and council to discuss the recent C-2 charette. She distributed a map (attached) showing the corrected C-2 corridor in her opinion. Ms. O’Brien has concerns that proper notification was not done for the residents of the corridor. She continues to feel there needs to be an accurate zoning and character map. Mayor Buelterman asked Ms. Schleicher what were the next steps in the process of trying to correct the existing problems in the corridor. She stated that the consultants are continuing to accept comments from the business owners and residents. This can be done by completing the form that is on the city’s website. The CRC will be returning to the city in the fall to update the Tybee Island Master Plan and addressing the character areas. Mayor Buelterman confirmed that there will be public meetings for the residents and business owners. Mr. Garbett urged everyone to send their concerns and suggestions to the CRC. Mallory Pearce, 8 5th Street, approached mayor and council to propose a different type of model than that offered by the CRC that being a Dynamic Equilibrium (areas where you need to grow to be a more prosperous community). He further explained that you do not push growth for a proper balance. Janet Rutledge, 19 Teresa Lane, approached mayor and council to discuss the recent C-2 charrette. She asked mayor and council to confirm the consultants that were hired did recommend that all of Highway 80 remain as C-2 and that the charrette did not change anything. She further asked the status of the new billboard ordinances as she thought it would be on the agenda this evening but it is not. Ms. Rutledge stated that the residents of North Wave would like to be protected with R-2 zoning along the section of Highway 80 between the entrance of North Wave subdivision and Byers Street. Mayor Buelterman stated that if this were to be rezoned, it would have to go before mayor and council with a public hearing. Ms. Doyle suggested that she prepare a petition to change the zoning which would come to mayor and council for approval. Ms. Rutledge then stated she feels the charrette was hijacked by the business owners and realtors who were the majority of those that were invited. She is aware there will be a report and Mayor Buelterman urged Ms. Rutledge to submit her comments and concerns to the CRC. Julia Pearce, Memorial Park Bicycle Path. Ms. Pearce expressed concerns of the bike path through Memorial Park. This path is crucial for residents as it is a connector. This path needs to be paved for public safety. She asked that the bike path be paved. Tom Borkowski, approached mayor and council regarding the C-2 charette notification as he did not receive notification. He asked that in the future he be included and would also ask for any documentation associated with the C-2 charette be forwarded to him. Mayor Buelterman stated that all information is on the Tybee Island City website and if he needed further assistance to please contact Ms. Schleicher, City Manager. Ms. Schleicher also stated that she would be happy to assist. Kathryn Williams also approached mayor and council regarding the C-2 charette. She also confirmed that she did not received notification of the charette and she was disappointed with the charette. Ms. Williams has concerns with the zoning of existing subdivisions. Consideration Local Requests and Applications – Funding, Special Events, Alcohol License Entertainment License, GPSBBQ.com/Gerald’s, 1115 E. Hwy 80. Bill Garbett asked Mr. Schantz if the proposed entertainment would be outside and feels that restrictions should be applied to this request. Mr. Schantz feels there should be not extra restrictions as he is located on Highway 80. Mr. Schantz then gave a letter to mayor and council (attached). He further feels that restrictions should not be placed on his entertainment that is not imposed on other business owners. There is a noise ordinance in place which he will adhere to. Mr. Wolff asked Mr. Schantz what would be the hours of operation for entertainment. Mr. Schantz stated that he will close the business at 11:00PM. Mr. Schantz once again stated that he resents the fact there might be restrictions on his entertainment license that other businesses do not have. Ms. Doyle asked of Mr. Hughes if mayor and council had the right to impose restrictions. Mr. Hughes confirmed as it is a different line of business and every property is unique to itself. Travis Williams, 202 McKenzie Street spoke in favor of this request as Mr. Schantz is a good neighbor and if there are problems Mr. Schantz is always willing to accommodate his concerns. Wanda Doyle made a motion to approve. Barry Brown seconded. Vote was unanimous. Consideration of Bids, Contracts, Agreements and Expenditures Proposed Police Department Drug K-9 Program – First Year Start-Up Cost - $5,338 – Annual Cost for Care of Dog - $897 (Reduced Veterinarian Cost has been offered) –$15,000 Trained Golden Retriever to be Donated by Kim Newman from Snellville, GA – K-9 /Officer Training with the County Sheriff’s K-9 Program at No Cost to the City – Tybee Police Association Anticipates to Donate $1,000 to the First Year Start-Up Cost. Time sensitive due to donation of the trained dog. Mr. Wolff stated his biggest concern is the welfare of the dog as the dog would be left in the patrol car while the officer patrolled. Chief Bryson apologized saying this as it is not the intent as the dog would be accompanying the office while he patrolled. Mr. Brown asked Chief Bryson if Chatham County would be willing to provide an officer and canine if this request was not approved. Chief Bryson confirmed. This request is before mayor and council as an opportunity to make the community safer. Mr. Brown asked how the Tybee Island Police Department is going to handle veterinary costs in case of emergency. Mr. Garbett stated he has some reservations as this might take an officer away from normal patrol duties. Chief Bryson stated that the canine would accompany the office during patrol on foot and via patrol car. He further stated that the police canine will be used for probable cause in most circumstances. Mr. Groover asked Chief Bryson if there were a need for the dog during the off season. Chief Bryson stated that the drug problem is year round as the season never ends. He also encouraged mayor and council to participate in the ride along program sponsored by the Tybee Island Police Department. Chief Bryson explained that he is bringing before mayor and council as this is a great opportunity as the dog is being donated by the owner. He further stated that is the officer/handler leaves the force the dog stays with the Tybee Island Police Department. Mr. Garbett then requested of Chief Bryson if this is approved this evening, he would like regular reports to mayor and council. Chief Bryson confirmed. Mr. Wolff feels that the Tybee Island Police Department should take advantage of this opportunity. Mr. Schuman asked of Chief Bryson how would the dog interact with the community. Chief Bryson stated that he would work with the local schools and the Tybee island YMCA to promote positive public relations on the Island. Paul Wolff made a motion to approve. Wanda Doyle 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 to approve the consent agenda. Wanda Doyle seconded. Vote was unanimous. Public Hearings Private Parking Lot, 18th Street Parking Lot, Thomas Fall, 9 Eighteenth Street, Zone R-2. Barry Brown recused himself. Mayor Buelterman read several letters from residents opposed to the proposed private parking lot (attached). Mr. Fall, the petitioner, approached mayor and council explaining that this property previously had a building on it prior to being destroyed by fire. His intent is to operate a private parking lot in a user friendly manner. The lot will be manned and used only as a spillover from public parking lots. The lot will operate between the hours of 11:00AM and until dark. Mr. Fall is also willing to erect a privacy fence if that is what is required by mayor and council. Mr. Wolff stated that he feels this might benefit the parking situation and would ask that appropriate signage be in view for operational hours. Mr. Garbett further asked on Mr. Fall that he adhere to all the stipulations in regards to trash, loitering, consumption of alcoholic beverages, etc. Mr. Fall agreed. Ms. Doyle stated that when the private parking lots were established a few years ago she felt it was a good idea as it helped with the parking problems. She now feels there is a problem with these private parking lots in residential areas. She would like the Parking Committee to take on the task of revamping the parking ordinance which will protect the residents. Ms. Schleicher confirmed that the parking committee did look at the ordinance and will come back next month with further recommendation at their next meeting. Ms. Doyle is concerned that stipulations are not being consistent with each private parking lot. Jim Armstrong, #8 18th Street, approached mayor and council to speak against this proposed private parking lot due to public safety issues. He then thanked mayor and council for the stop sign at the end of Strand. Chuck Powell, #15 18th Street, approached mayor and council and is also opposed to this request. He is a former member of the planning commission and understanding the current zoning laws. Zoning ordinance 3-2.250 needs to be revamped as it now infringes on the rights of property owners in the R-1 and R-2 districts. Mr. Powell stated that beach goers are now trained to park in the city rights of way and anywhere they want to park. Driveways are being blocked and well as fire hydrants. He would further challenge mayor and council to consider if their home was next to a private parking lot with 18 parking spaces coming and going, and who is going to police this lot. He also feels this is one more commercial encroachment in an R-1 and R-2 neighborhood. Wanda Doyle made a motion to deny. Frank Schuman seconded. Vote was unanimous, 5-0. Discussion: Mr. Wolff stated that due to the universal opinion of the neighbors he does not feel mayor and council have the right to encroach on their quality of life by approving this commercial use. Mr. Garbett then stated that the majority of previously approved private parking lots have been owner/operator homes and have adhered to the rules as stated in the current ordinance. Mayor Buelterman asked Ms. Schleicher if there is a plan to paint the fire hydrant as it not clearly painted. She confirmed that this has been scheduled along with painting of the 14th Street parking lot. This should be completed with the next month or two. Ms. Doyle stated that she would like to see a pedestrian lane along the north side of 18th Street rather than the sidewalk as it would take property from the residents. This will come before the Public Safety Committee. Private Parking Lot, Wall-Nutts, Pat Valle, 103 and 105 Butler Avenue, Zone C-2 and R-2. Ms. Otto explained to mayor and council that this was before them on March 8, 2012, which was approved with the condition that an 8’ privacy fence be erected from the palm trees toward Butler Avenue. She further stated that the blue plan as shown on the overhead screen is the current plan as approved with the privacy fence. The pink plan is the proposed plan before mayor and council for approval. The pink plan has relocated the parking around the house to be away from the area where the stipulation for the fence had been requested. Mayor Buelterman confirmed with Ms. Otto that this is an alteration of a previously approved parking plan. She confirmed as this was approved March 8, 2012. Mayor Buelterman then asked if this petition was denied it would revert back to the plan that was previously approved. Ms. Otto confirmed. Kathy Radford approached mayor and council to further explain this request. She stated that on the drawing there are 27 palm trees that shield all the parking from the adjoin properties. She has removed parking from that side of the property. She further stated that she did not understand the purpose of the required fence. Mr. Wolff explained that this is to keep people from walking across the adjacent property which is a concern from a public safety aspect. Ms. Radford stated that they did not operate the parking lot for the past two weekends and she observed people walking through the property as they were coming from the public parking areas on Lovell. She still does not agree with the required 8’ privacy fence. Mr. Garbett then stated that he feels the fence would serve its purpose if came out as far as the adjoining condominium. Ms. Radford stated that her view of the beach is from the side windows of the building and if an 8’ privacy fence were to be erected it would block the view of Anchor Park. The residents of the condominium would have to look over the building to see the parked cars. Mr. Groover then asked Ms. Otto what the condominium and building on the proposed parking was. She stated they were both C-2. He then asked why would a fence have to be erect if both properties are zoned C-2. Mayor Buelterman stated that the ordinance does not affect this situation as the way the private parking lot ordinance was written was to give mayor and council leeway to put restrictions on private parking lots. Mr. Hughes confirmed. Mr. Brown asked Ms. Otto to confirmed the lot with the house on it and the lot to the west are zoned C-2. The other two lots to the south are zoned R-2. She did. Ed Burnsed, 109 Butler, sent his representative to speak in favor of this request as they do not have a problem with the private parking lot. Tom Borkowski approached mayor and council in opposition of this petition. He also showed numerous pictures depicting the condition of the parking lot and asked that the 8’ privacy fence be erected as stipulated in the previously approved petition. Wanda Doyle made a motion to deny. Frank Schuman seconded. Voting in favor were Paul Wolff, Tom Groover, Frank Schuman, Wanda Doyle and Barry Brown. Voting against was Bill Garbett. Motion to deny carried 5-1. Subdivision, John R. Benton, Jr.; 1306 Butler Avenue, Zone R-2. Ms. Otto stated that this was heard at planning commission and they voted 5-1 to approve the petition and if approved it would be contrary to the master plan however the request is to subdivide a lot that runs from Butler Avenue to the ocean which is currently one property into three lots. The current home would remain on one lot and the two others would be made available for other uses, which would be single family residences. John Benton approached mayor and council stating that he purchased the property in January 2012 and it is 623 feet long and 53 feet wide. He plans on retiring at the home. He would like to sell lots #1 and #2. Mayor Buelterman asked of Ms. Otto if the vacant lots would accommodate single family homes but a variance would be required for a duplex. She confirmed. Mayor Buelterman also asked if a new easement would be created. Ms. Otto agreed. Mr. Wolff then asked if the markers are in place. Mr. Benton stated that all four corners have markers. He also has submitted a tree survey as part of his request. He does not plan on cutting any trees. Mr. Garbett did walk the lot that morning and confirmed there is an oak tree on lot #1. On lot #2 the 26” oak is right on the corner and might need to be removed prior to building a new residence. Frank Schuman made a motion to approve. Bill Garbett seconded. Vote was unanimous. Subdivision, Harry P. Moses, Jr.; Neptune Lane, Zone R-2. Ms. Otto stated that planning commission heard this request and vote unanimously to approve. She further stated that this is a different type request as it is not creating any new lots to be built on. There is an area that is a detention area for the subdivision. Mr. Moses is requesting to transfer the area that the retention pond is on so that it is with 26B rather than 26A. Mr. Moses approached mayor and council to further explain his request. He stated that lot 26A runs from the left hand property margins to the Chatham Avenue right of way. His desire is to take the eastern part, which is not developable, according to the minor subdivision requirements and tie it to the existing lot, 26B as 26A is for sale. Mr. Garbett asked Mr. Mosses if the retention pond will remain a retention pond. Mr. Moses confirmed. Sherry Step, 2 Neptune Lane, approached mayor and council to speak in favor of this request. Paul Wolff made a motion to approve. Tom Groover seconded. Vote was unanimous. Zoning Variance, City of Tybee Island and Michael and Karen Leonard, Polk Street right-of-way and 318 Polk Street; Zoned C-2 and E-C. Ms. Otto stated this has been an extensive study by the city for the improvements needed on the southern portion of Polk Street and Mr. Leonard’s driveway to elevate that roadway so it does not flood during the typical moon cycles. Planning commission did vote to approve this request 5-0. If this variance is approved this evening, it will allow the city to write a letter that GaDNR requires that the proposed project does not violate any of the city’s zoning regulations. Ms. Doyle stated that this is long overdue and she appreciates everything staff has done to get this request as far as it has come. She would also ask for a unanimous vote this evening. Frank Schuman made a motion to approve. Wanda Doyle seconded. Vote was unanimous. Text Amendment, Article 17, Shore Protection. Mayor Buelterman read an email from Dr. and Mrs. Jim Miller, 2 11th Street, objecting to the proposed Shore Protection Text Amendment. Mayor Buelterman asked Mr. Hughes to explain why the wording, “that if any structure, shoreline engineering activity, or land alteration is more than 80% destroyed by wind, water, or erosion as determined by an appraisal of the fair market value by a real estate appraiser certified pursuant to Chapter 39A of Title 43 of the code of Georgia, a permit is required for reconstruction” (Number 5, Permit Required, Subsection B]) was included. Mr. Hughes stated is in the Shore Protection Ordinance currently. He also stated a resident would have to go to the state for a permit if you are in GaDNR jurisdiction. Mayor Buelterman confirmed with Mr. Hughes this text amendment would make it more restrictive if your home were more than 80% destroyed. He confirmed. Mr. Groover asked of Mr. Hughes if a home on the other side of Butler were to be more than 80% destroyed that today would require numerous variances to build would the property owner be guaranteed to rebuild. Mr. Hughes stated that a conforming use would have to go on the property. That is the goal of the state law. Mr. Wolff then stated that the existing code for 80% damage that regardless of the zoning or setbacks the homeowner can rebuild on the existing footprint provide FEMA guidelines are met. Mr. Hughes explained that this does not have anything to do with FEMA rather dunes and shore protections. He then stated that FEMA’s guidelines are 50% destroyed where the state if 80%. Mr. Wolff feels the shore protection ordinance needs to be consistent with the zoning ordinance which does allow rebuilding on the existing footprint. He would also like to see our ordinance protect the property rights of the residents in existing structures regardless if they can be rebuilt under the current code or not to be grandfathered in. Mr. Hughes explained this only has application to the front beach, between the two federal groins as he understands. Mr. Garbett stated that what is before them tonight only applies to buildings that are in the jurisdiction of the shore protection line. He also feels the city cannot be any less stringent than the state. Mayor Buelterman explained that this text amendment came about due to the previous ordinance which says the line goes from structure to structure. Mr. Hughes confirmed. Mayor Buelterman stated that the intention is to the protect dunes. Mr. Brown presented a scenario: if Tybee Island were to be hit by a storm, the dunes destroyed, and people want to rebuild in the existing footprint and a new dune has appeared more landward than the footprint, then what happens? Mayor Buelterman asked the question, who at the city determines what a dune is. GaDNR delineates the toe of the dune. Ms. Otto confirmed as the line runs from structures to the trees. She further explained that what is before mayor and council proposes the landward most dune 10’ off regardless where the dune is located whether it is GaDNR jurisdiction or not. Bob Tompkins approached mayor and council stating that dune move particularly between 7th and 11th Streets as they are growing. This redefines the toe of the dune. Now this becomes a matter of taking their property rights and it calls for judgment which is hard to write into an ordinance. James Miller, 2 11th Street, approached mayor and council stating this is a very confusing issue. He further stated that residents along the front beach do not understand what is going on. He also feels there has to be a notice sent out to everyone that will be affected with the proposed Shore Protection Ordinance, possibly have a town hall meeting to education everyone. Ms. Doyle agreed that all stakeholders need to be involved with the writing of this ordinance as they will bring all their concerns and questions. She also thanked Mr. Tompkins for coming to the meeting. Mr. Wolff stated that they are trying to reach a balance so property rights will be protected. He also agrees existing structures need to be grandfather in regardless of where they are located. We also need to move forward to construct a good ordinance. Mr. Brown asked Mr. Hughes if the seawall is the existing guideline per the charter. He confirmed. Mr. Hughes stated that the very first shore protection ordinance the city had involved a map with a line calculated by an engineer which was redone every five years. Mayor Buelterman asked if the seawall could be located on old maps, could it give us the fixed line that we are looking for. Mr. Hughes said it is a reference point. Ms. Doyle feels that when GaDNR did a presentation, they had suggested the beach be divided into sections and deal with each section separately. Mr. Hughes said it was not GaDNR but by his suggestion. He further suggested that with the availability of GIS, we need to find the coordinates, draw a line, and nothing would be built in front of that line. Anything behind the line would adhere to the city’s zoning ordinances. This could be evaluated every five years or whatever council would vote on. Ms. Doyle asked Ms. Schleicher what would be the time frame to get the GIS coordinates. Ms. Schleicher stated that they would have to do an RFP to get proposals. Mayor Buelterman feels this is a good option and asked Ms. Schleicher to bring information back to mayor and council. Barry Brown made a motion to continue until such time there is an accurate GIS map of the seawall. Wanda Doyle seconded. Vote was unanimous. Discussion: Mr. Garbett stated the GIS are going to depend on a survey. We will have to locate the records. Mr. Wolff suggested that we work with the Coastal Resources Division of GaDNR as they just completed a study of the coast line as well as contacting other agencies. Text Amendment, Section 6-080(F), Design Standards (billboards). Ms. Otto stated this is the sole section within the Land Development Code that allowed billboards be requested on vacant property in commercial zoning districts. The planning commission considered this and voted 5-0 in favor with the request verbiage be added so that the site plan submittals could be approved or denied by mayor and city council based on the characteristics of the neighborhoods. The additional language has been designed by staff and the city attorney has issues which he will discuss with mayor and council. What is proposed is increase the level of scrutiny where depending on the lot there may be a denial based on the fact it does not meet the character of that particular area. Mr. Hughes stated that his concern is that it has first amendment implications and the way the ordinance is worded it would be considered as a prior constraint. He would suggest it be limited to certain areas. If someone were to file an application to have a billboard and the application was denied based on its location, and that location no being specified in the ordinance, if it were to be challenged the city would not prevail. Mayor Buelterman then asked if this would be designated by zone or specific location. Mr. Hughes stated that you could specific a certain number of feel off Butler Avenue or by zone and we are dealing with the corridor. Mayor Buelterman also asked if a billboard could be erected on Jones Avenue under our current ordinance. Mr. Hughes replied they could be no off site advertising on Jones Avenue. Mr. Brown then asked if the billboards could be taken out of the C-2 district as a use by right? Mr. Hughes stated that if it were on premises elimination for that zone it would probably work. He then gave a definition of a billboard as off premises advertising sign that is not connected to a building on that property. Barry Brown made a motion to deny the proposed text amendment.  Paul Wolff seconded.  Vote was unanimous.  Barry Brown then made a motion to advertise for a text amendment for removal of billboards as use by right. The proviso that existing billboards are grandfathered in and there can be maintenance and repairs to existing billboards.  Paul Wolff seconded.  Vote was unanimous.  Text Amendment, Article 7, Tree Removal Regulations. Mayor Buelterman stated that the planning commission did vote on this with several motions and there are three suggested changes before mayor and council tonight. Ms. Otto agreed that they make many motions which included palm and pine trees as well as striking the words “in lieu of” from Section 7-090(B). Mayor Buelterman further stated that there are three items before council (1) to include palm trees as a significant species (2) add pine trees as a significant species and (3) strike “in lieu of” from Section 7-090(B). Ms. Otto explained that in the way the ordinance did read was “in addition to” or “in lieu of” and by removing “in lieu of” you must pay the fee and the mitigation for taking down a significant species tree. Mr. Wolff stated the reason these two trees were added is the planning commission was trying to define canopy trees and pines and palms are significant to the Island. He would like to eliminate the “not to exceed” on the fine of $1,000.00. The fine is still and has been $50.00 per inch at breast height not to exceed $1,000.00. He does not feel there should be a cap. Mr. Hughes interjected that per the charter and cannot by ordinance change the cap. Mayor Buelterman suggested that council vote on each item separately. Mr. Groover stated he had a problem with pine and palm trees in as much as just because you like a tree it does not go on a significant species tree list. Mayor Buelterman asked Ms. Otto if a palm tree is moved will they be charged a fee. Mr. Garbett stated that we need to look at the intent of the ordinance. We are encouraging trees on the island due to their benefits to the community. Palm and pine trees do everything to benefit the island as other trees. The main canopy of Tybee is the pine tree and he is in favor of keeping pine and palm trees in the significant species. Mr. Groover disagrees. Paul Wolff made a motion to add palm trees as a significant species. Bill Garbett seconded. Voting in favor were Paul Wolff, Frank Schuman, and Bill Garbett. Voting against was Tom Groover, Wanda Doyle and Barry Brown. Mayor Buelterman voted in favor. Motion carried 4-3. Paul Wolff made a motion to include pine trees as a significant species. Bill Garbett seconded. Voting in favor were Paul Wolff and Bill Garbett. Voting against were Tom Groover, Frank Schuman, Wanda Doyle, and Barry Brown. Motion denied 4-2. Paul Wolff made a motion to strike “in lieu of” from Section 7-090(B). Bill Garbett seconded. Voting in favor were Paul Wolff, Frank Schuman, and Bill Garbett. Voting against was Tom Groover, Wanda Doyle and Barry Brown. Mayor Buelterman voted in favor. Motion carried 4-3. Consideration of Ordinances and Resolutions Second Reading, 12-2012, Regulatory Fees, Public Parking. Mr. Hughes stated the Chief of Police recommended $100.00 a business. He further stated that this fee will help in offsetting the city’s cost for regulating the public parking lots and would not go into effect for those who currently have a business license until January 2013. Mr. Brown recommended the fee should be based on the number of cars permitted in the lot. Ms. Otto compared the regulatory fee that is charged to beach shuttles which is $100.00 fee per year. Mayor Buelterman suggested that on the next agenda for city council meeting the topic be included, “suspension of all private parking lot applications until such time as the ordinance is revamped which include regulatory fees”. Deferred until next city council meeting on April 26, 2012. Council, Officials and City Attorney Considerations and Comments Frank Schuman Location of Bicycle Path, Memorial Park Composition/materials, Bicycle Path, Memorial Park. DISCUSSION: Mayor Buelterman stated that this was before mayor and council tonight for consideration of the two options. Mr. Hughes stated that in order to change Memorial Park, it must go before the planning commission for site plan approval and special review. It has been advertised for the upcoming planning commission. He recommended the planning commission get both options, make their recommendation and come back before mayor and council for special review and site plan approval. Deferred until after Planning Commission Public Hearing on April 17, 2011. Paul Wolff - Geothermal RFP, City Hall Auditorium. Pre-approval of the contract provided bids come in under the council approved contract amount ($89,675). Mayor Buelterman suggested that this be deferred to a special city council meeting pending council’s approval. Deferred until the bids have been received and reviewed. Tom Groover - Employee Compensation for Vacation/Holiday/Sick/Comp Time. Deferred until next city council meeting on April 26, 2012. 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. Tom Groover seconded. Vote was unanimous. Paul Wolff made a motion to adjourn. Tom Groover seconded. Vote was unanimous. Meeting adjourned at 11:45P.M. _______________________ Janet LeViner Clerk of Council