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HomeMy Public PortalAbout050_010_20140522Minutes City Council Minutes 20140522 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on May 22, 2014. Those present were Mayor pro tern Wanda Doyle, Paul Wolff, Monty Parks, Rob Callahan, 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: • Critz Tybee Run Fest 2015; February 6 — 7, 2015 North Beach (Meddin) parking lot, 16th Street parking lot, race routes detailed in application • Alcohol License Request— Special Event — Beer, Wine — Critz Tybee Run, February 6 — 7, 2015 • Designation for Certified Local Government Application • Pilot program for installation of two CWT Compact pay stations. Discussion: Ms. Schleicher stated that these pay stations will be used as an experiment as they have features the current pay and display do not. Mr. Wolff asked if these would be solar powered and what is the estimated cost. Ms. Schleicher confirmed they are solar powered and the estimated cost is $8,000. These are expensive but the features include a call center for customers. These are also American made. • Proposed Road Resurfacing — Chatham Ave, 12th Street, Veterans Drive — Carroll & Carroll - $76,921.50 o 100-4210-54-1410 (Infrastructure) - $42,194.43 o 100-4210-54-1416 (LMIG Grant) - $32,500.00 o 321-4210-54-1400 2003 SPLOST (Street and Sidewalk paving) $2,227.07 Discussion: Mayor Buelterman asked Ms. Schleicher when the work will begin. Ms. Schleicher responded that it would be during the week of May 27th and it is two days'worth of paving. • Lease Agreement, Cell Antenna, AT&T. Discussion: Mr. Hughes stated that he received another revision and would ask council approve and authorize the mayor to execute the contract when staff and he approve the engineering changes. 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, Trinity Chapel Methodist Church • Pledge of Allegiance State of the City Address Mayor Buelterman gave the State of the City Address (attached). City Council Meeting Minutes, May 8, 2014. Bill Garbett made a motion to approve. Barry Brown seconded. Vote was unanimous, 6-0. Appointment of Kate Burns, Beach Task Force. Bill Garbett made a motion to approve. Barry Brown seconded. Vote was unanimous, 6-0. Report of Staff, Boards, Standing Committees and/or Invited Guests • Quarterly Reports o Tybee Island Main Street Program, January 1 — March 31, 2014 o Tybee Island Police Department, January 1 — March 31, 2014 o Finance Department, October 1 — December 31, 2013 o Finance Department, January 1 — March 31, 2014 o Human Resources, January 1 — March 31, 2014 o Department of Public Works, January 1 — March 31, 2014 o IT Department, January 1 — March 31, 2014 o Parking Services, January 1 — March 31, 2014 o Planning and Zoning, January 1 — March 31, 2014 o YMCA, January 1 — March 31, 2014 o Water/Sewer Department, January 1 — March 31, 2014 Citizens to Be Heard: Please limit comments to 3 minutes. Maximum Allowable time is 5 minutes Elaine Duree approached mayor and council to give an update on the Tybee Island Book Festival which will be held on September 17, 2015. Ms. Duree stated that this will be a resource for both authors and illustrators and will invite publishers, agents and book enthusiasts. Her desire is to also create a writing contest with the students from the Tybee Island Maritime Academy which will be a resource for the children. Mayor Buelterman thanked Ms. Duree for this project. George Walker approached mayor and council to discuss the Hurricane Preparedness Presentation at American Legion 154, June 1, 2014 at 2:00PM. Mr. Walker stated he is on the Board of Directors for the Community Emergency Response Team Program through Chatham Emergency Management Agency and reminded everyone that the beginning of hurricane season is fast approaching. He explained that the presentation should be an hour long and will include handouts and displays. Discussions will include travel tips and what to do when you return to the Island in case of evacuation. Mr. Wolff thanked Mr. Walker for his endeavors with this presentation. Mr. Brown asked Ms. Schleicher to post this meeting on Channel 7. Ms. Schleicher confirmed. Lisa Callahan approached mayor and council to reinforce and reiterate much of what Mayor Buelterman stated in the State of the City Address in regards to the Community Rating Systems (CRS) and FEMA insurance rates. Ms. Callahan is also a member of the Beach Task Force and will come to future city council meetings to give updates. She further stated that citizens are tasked with lowering the CRS through public information, mapping and regulations, flood damage reduction and flood preparation. Ms. Callahan suggested that residents lobby their elected officials to ensure residents are doing what is needed. One way that residents can help is not to reduce the greenspace as this will aid in reducing our CRC rating. Mayor Buelterman thanked Ms. Callahan and asked that she work with the Beach Task Force to ensure the Beach Management Plan is completed as quickly as possible. Consideration of Bids, Contracts, Agreements and Expenditures Proposal for SPLOST Program Management Services from CHA for their consideration. CHA prepared a proposal to manage the City's SPLOST projects for a six month period for a cost of $24,500. The cost is eligible to be paid from SPLOST proceeds. Ms. Schleicher reported that CHA is proposing to assist the City with the 2014 SPLOST which will include reporting and transparency to mayor and council and to the public. They will also be assisting staff with cash flow analysis as well as an engineering staff that would assist in doing analysis of getting the best money for any projects that would need to be engineered. Mr. Parks asked Mr. Hughes if this is a city service that would be bid as the City of Savannah put a bid out to eight different companies. Mr. Hughes responded it can and he considers it more of a professional service and bidding is an option if mayor and council choose. Patrick Graham, CHA, Savannah Office Manager, approached mayor and council and thanked mayor and council for allowing them to make a presentation. He gave a brief introduction of CHA as they are a sixty year old engineering and construction management firm. He then introduced King Evans, VP and partner, and Kevin Hamby, Program Manager. Mr. Evans approached mayor and council to address any questions mayor and council have. He stated that they represent ten municipalities and counties in the state of Georgia and made the a commitment to the City that if in six months CHA cannot show mayor and council that they have paid for themselves from the savings they will not ask for a renewal of their services. They will be cost neutral. Mr. Garbett asked for an example of cost savings. Mr. Evans gave an example of double billing. Mr. Wolff expressed his concerns as to what CHA can do that staff cannot. He feels that the City staff is extremely competent and professional and does not see what CHA can do for the City. Ms. Schleicher confirmed that the fees are high but CHA would have the expertise to present more sophisticated reports to mayor and council. Mr. Garbett stated that mayor and council would ask for a recommendation from Ms. Hudson and herself and then evaluate. Ms. Schleicher explained that this was before mayor and council as an option and feels she would be remiss in not presenting. Mr. Parks stated it is his understanding this would not be a project based situation but rather a blanket for all projects within the City. Ms. Doyle stated that she feels that these funds could be put to a better use as she has never known the City to have an issue. She is not in favor of this agenda item. Mr. Brown asked Ms. Schleicher if by engaging CHA would it free up staff's time to get more day to day work done. Ms. Schleicher responded that it has the potential but does not feel going forward with the smaller projects the City has planned it would be applicable. Mr. Garbett agreed with Ms. Doyle. Mayor Buelterman stated that mayor and council need a recommendation from Ms. Schleicher and Ms. Hudson going forward. Mr. Evans stated that CHA could be helpful with the bridges on Highway 80 as he has a relationship with Senator Gooch, Chairman of the Transportation Committee. He explained that CHA provides value added services. Mayor Buelterman thanked Mr. Evans for his presentation. No action taken Paul Wolff made a motion to approve the consent agenda. Rob Callahan seconded. Vote was unanimous, 6-0. Consideration of Ordinances and Resolutions 31-2014, Sec 66-185, Restrictions on Decal Usage. First and second reading due to procedural error. For re-adoption. Mr. Hughes explained that this ordinance was approved in 2010 but never codified concerning boat trailers, recreational vehicles, trucks and vehicles parking for greater than seven (7) straight days in parking places between Memorial Day and Labor Day. There is an exemption for beach equipment rentals. He stated that this is first and second reading. Wanda Doyle made a motion to approve. Paul Wolff seconded. Vote was unanimous, 6-0. Council, Officials and City Attorney Considerations & Comments Mayor Buelterman asked Mr. Wolff for status with the Beach Management Plan (BMP). Mr. Wolff stated that the Beach Task Force (BTF) is still trying to finalize the revised BMP so the Department of Natural Resources (DNR) will allow the City to modify the dune profile as well as other issues. He is also speaking with Dr. Christian, professor at University of Georgia, who was involved in the restoration of the dune system in Galveston after Hurricane Isaac. He would recommend mayor and council support the BTF in getting the BMP updated and send to DNR. Mr. Garbett agreed with Mr. Wolff and explained there was a presentation at a recent BTF which discussed dune heights and widths which was very informative. Mr. Brown agreed with Mr. Garbett. Mayor Buelterman stated that he visited the New Jersey shoreline and the areas that had dunes that were 22' high with no gaps, had no damage from storm surge and feels it is imperative that the City move forward with a BMP to include a dune template along with sand fencing before the next re-nourishment. Ms. Doyle agreed that the dune templates need to be a part of the BMP. Mr. Wolff responded that DNR is waiting for the City to update the Plan specific to a dune template. Mayor Buelterman explained that Mr. Davis, Corps of Engineers, is working to have a coastal engineer from the Philadelphia District visit an upcoming BTF meeting to explain the importance of not having dune gaps. Mayor Buelterman asked Mr. Wolff to work with the BTF to set a completion of the BMP. Mr. Wolff confirmed. Mayor Buelterman asked Ms. Schleicher when the City will be notified of the CRS points we will receive in regards to the Flood insurance rates. Ms. Schleicher responded that generally it will be by ninety days from the site visit. Consistent signage for street signs. Withdrawn Paul Wolff (Riparian Buffer Ordinance) stated that on Earth Day, Jud Turner, Director, Georgia Environmental Protection Division (EPD) re-interpreted the Soil, Erosion, and Sediment Act to say that unless there is rested vegetation that is being violently wrenched or torn from the soil in which it is growing, no buffer is required according to state law. He explained that he has drafted with the help of several lawyers whose specialty lies in environmental law to include advice from the Coastal Advisory Council members as well as DNR, an ordinance that he feels is legally sound and environmentally important. He would ask mayor and council approve the sending to the Planning Commission for their recommendations. Mr. Wolff stated he would propose no more than re-implementing what the State has required for the last ten years with some minor changes. He then explained the changes as shown in the packet before mayor and council such as in Sec 2: if vegetation is disturbed or removed that it be replaced with vegetation of equal or better quality in terms of maintaining that soil protection and pollutant filtration. It is the intent for residents not to sod up to the bulk head or up to the marsh line and pouring fertilizers or pesticides on the established lawn. Mr. Wolff asked Mr. Hughes to contact the Attorney General for his opinion regarding the City being within our rights under Home Rule to implement this ordinance as long as the City has the minimum State Standards covered and the State prevails in areas where they conflict. He would ask mayor and council to consider this proposed ordinance and move forward to the Planning Commission for their recommendations and review. Ms. Doyle stated with this proposed ordinance, no one could build a deck with "friendly pilings" in the buffer. Mr. Wolff responded no as the deck would shade the natural vegetation underneath and eventually that vegetation would degrade and would lose its capacity to hold the soil. Ms. Doyle disagreed. Mayor Buelterman asked Mr. Hughes if state legislators are looking at intervening. Mr. Hughes responded he did not know. Mr. Wolff stated that the entire coastal delegation of state legislators and senators are meeting soon to discuss legislation to correct this and offer permanent protection for the marsh. It was recommended that local governments need to act now until legislation can be adopted. He further stated that the Coastal Advisory Commission has drafted a letter to Jud Turner and the Board of DNR asking for immediate action to reverse this decision. Ms. Doyle asked for clarification that Mr. Wolff is asking for approval of mayor and council to send to the Planning Commission for their review and recommendations. Mr. Wolff confirmed. Mr. Brown asked Mr. Hughes if the City has a 25' buffer requirement currently in place. Mr. Hughes responded there is a buffer but it is measured from a different location then where previously measured from and in many instances where there would not be rested vegetation there would not be a buffer. Mr. Garbett explained that coastal marshlands were protected by buffer law until just recently and the marshlands need to be protected. He further stated that he is in disagreement with Mr. Wolff's proposed ordinance as it does not allow minor land disturbing activities which is allowed under the current Erosion and Sedimentation Act. Mr. Garbett suggested that the proposed ordinance be tweaked to ensure that minor land disturbing activities or land disturbing activities that have been planned by an engineer or soil scientist so they do not impact the marsh. Mr. Wolff asked Mr. Garbett to forward his suggested language to change the proposed ordinance to accomplish what he is trying to do. Mr. Garbett confirmed. Mr. Wolff asked mayor and council to forward their comments to either him or Miss Otto for inclusion in the packet prior to being heard by the Planning Commission. Mayor Buelterman suggested that the City invite a representative from the EPD to speak to either the Planning Commission or mayor and council to discuss this from their perspective so the City has a clear understanding. Ms. Schleicher stated that she received an email from Mr. Turner explaining his position and will forward to mayor and council. She will reach out to Mr. Turner to coordinate a meeting. Mr. Garbett asked Mr. Hughes for clarification regarding a separate Coastal Marshland Buffer Ordinance for Tybee Island as opposed reworking the Erosion and Sedimentation Control Act and if they would be in conflict with each other. Mr. Hughes responded no. He expressed his opinion with the Erosion and Sedimentation Control as it is designed to address a particular problem and not be a buffer ordinance. A buffer ordinance can assist in accomplishing the goal. If the City wants a buffer ordinance, the City has a right to do that separately under Home Rule and under the Constitution Voting Power that is in the local government. Mr. Hughes recommended mayor and council make the ordinance for one purpose rather than to try and cover other issues. Paul Wolff made a motion to send the proposed ordinance to the Planning Commission for their review and recommendations. Any members of council please submit their comments as they see fit. Monty Parks seconded. Discussion: Ms. Doyle asked for a timeline of when Ms. Otto would need comments for the Planning Commission Meeting. Mr. Otto stated she would need them no later than June 6, 2014. Those voting in favor were Paul Wolff, Monty Parks, Rob Callahan, Wanda Doyle and Bill Garbett. Voting against was Barry Brown. Motion carried 5-1. Wanda Doyle presented a Resolution for the proposed Finance Committee. She feels that a Resolution is needed for clarity on responsibilities to include who they are to report to. She also recommended that there should be a similar resolution for all committees. Ms. Doyle would like to have three council members on the committee much like other committees. The City Manager and Finance Director would serve in a consulting capacity only. Ms. Schleicher confirmed the Finance Director and she would not be voting members. Mr. Hughes clarified that the Committee will consist of the elected officials. Ms. Doyle stated that the future of the Audit Committee is under discussion as she is not sure an Audit Committee will be needed. She directed mayor and council to the Best Practices that were included in the packet before them tonight. Mr. Brown stated the current Audit Committee has very dedicated volunteers and is concerned on how they might work together. Mayor Buelterman explained that Ms. Doyle has suggested there be a Finance Committee of council that would oversee the finances of the City. Mr. Garbett stated that it is his understanding that the role of the Audit Committee is to oversee the audit only. Mayor Buelterman confirmed. Ms. Schleicher stated that the role of the Audit Committee is to recommend the auditor and interface with the auditor to ensure the auditor is receiving support from staff in getting the documents needed to complete the audit. Mr. Garbett agreed with Ms. Doyle as this is a good idea. Ms. Doyle stated that Mayor Buelterman will be in charge of the Finance Committee and would assist in setting goals, meeting dates, etc. There was a brief discussion regarding a sunset clause not only for this committee but all committees. It was decided that it could be discussed at a later date. Mr. Parks stated that he feels the Resolution before mayor and council represents an extra level, the next level of accountability that this council is willing to step up and take. It also represents a commitment to ensure that mayor and council move forward and hold themselves accountable beyond passing a budget. Wanda Doyle made a motion to approve the Resolution for establishing the Finance Committee. Monty Parks seconded. Discussion: Mr. Brown would like to know the exact duties of the Finance Committee. The Audit Committee basically works on the audit and would like to know exactly what the Finance Committee would do. Mayor Buelterman responded that mayor and council will focus on finances in the time frame between April and June, pass the budget, give it to staff with their spending perimeters and leave it in their hands. The Finance Committee, possibly on a quarterly or monthly basis, would keep close tabs to ensure proper financial reporting is done. Mr. Brown asked if the Finance Committee would be taking part of the responsibilities of the City Manager job duties as that is what she is doing. Mayor Buelterman stated that many municipalities have a Finance Committee which oversees the finances which is a critical part of their job. Mr. Parks stated that the Finance Committee could be a broad range committee as if they would like to look at the top ten purchase orders from the last quarter, this could be done. He feels that mayor and council are ultimately responsible for the budget and is a good show of ownership. Ms. Doyle stated there are municipalities that have a Finance Committee that review budget items and discuss their recommendations which in turn are taken to mayor and council. This is done much like the Public Safety Committee and Infrastructure Committee. She explained that if the Finance Committee is not productive after one budget cycle then it would be disbanded. Those voting in favor were Paul Wolff, Monty Parks, Rob Callahan, Wanda Doyle and Bill Garbett. Voting against was Barry Brown. Motion carried 5-1. Wanda Doyle gave an update regarding the Public Safety Building. She stated that construction is on schedule even though there has been twenty-one days of rain. Ms. Doyle explained that there was a meeting with Elkins Constructors, Ms. Schleicher, Todd Smith, Major Mosley and Chief Bryson to coordinate the owner's responsibility regarding the 911 System. Further coordination was done for training and to ensure that when the move took place the system would be up and running. Mr. Garbett led a short discussion regarding the procedure for handling the City Manager and Clerk's evaluations. He stated the evaluations have been completed and summarized and would ask if this is to be done in open or executive session. Mr. Hughes stated that if part of the personnel section within the executive session should entail the review of those positions or the performance of the people in the position, the procedure mayor and council are using for the evaluations should be discussed in open session. The next step would be the summaries are provided to the City Manager and Clerk who will have the opportunity to respond and then it would be addressed at a future meeting. Mayor Buelterman confirmed and asked the City Manager and Clerk to send their feedback to mayor and council by June 12, 2014. City Managers Report • Action Item List • Short Term Work Program Minutes of Boards and Committees • Rising TYde Pantry Minutes, May 1, 2014 Paul Wolff made a motion to adjourn to Executive Session to discuss litigation, personnel and real estate acquisition. Rob Callahan seconded. Vote was unanimous Barry Brown made a motion to return to regular session. Monty Parks seconded. Vote was unanimous. Barry Brown made a motion to adjourn. Bill Garbett seconded. Vote was unanimous. Meeting adjourned at 9:35PM