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