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HomeMy Public PortalAbout050_010_20140612Minutes City Council Minutes 20140612 Consideration of Items for Consent Agenda Mayor pro tern Doyle called the consent agenda to order at 6:30PM on June 12, 2014. Those present were Paul Wolff, Monty Parks, Rob Callahan, and Bill Garbett. Also attending were Diane Schleicher, City Manager; Tommy Branch, Callaway, Braun, Riddle and Hughes, PC; Dianne Otto, Manager, Planning and Zoning Department; and Janet LeViner, Clerk of Council. Mayor Buelterman, Councilman Brown and Attorney Bubba Hughes were excused. Mayor pro tern Doyle listed the following items on the consent agenda: • City Council Minutes, May 22, 2014 • Public Hearing Minutes, First Reading of the Proposed Budget, May 28, 2014 • Alcohol and Entertainment License Request: Liquor/Beer/Wine/Sunday Sales — Entertainment. Linchris Hotel, Corp DBA Ocean Plaza Beach Resort — Dolphin Reef (new owner), 1401 Strand. Discussion: Mr. Garbett recommended that in the future when background checks are done for new businesses out-of-state checks are made. Ms. Schleicher will move forward with this recommendation. • Private Parking Lot — Commercial District: Linchris Hotel, Corp DBA Ocean Plaza Beach resort — Private Parking (new owner — name change only — no change in lot or number of spaces, etc.), 1401 Strand • Alcohol License Request: Beer/Wine/Sunday Sales — Package Sales: Beer and Wine Only — Gift Shop: Linchris Hotel, Corp DBA Ocean Plaza Beach Resort — Market Place (new owner), 1401 Strand • Out of state travel o Jason Buelterman and Wanda Doyle, June 23 — 24, 2014, Washington, D.C. — to meet with local legislators for beach re-nourishment funding. o Chantel Morton , July 16 — 20, 2014, 2014 National Alliance of Preservation Commissions Forum, Philadelphia, PA o Diane Schleicher, Annual International City/County Managers Conference, Charlotte/Mecklenburg County, NC: September 14-17, 2014 • Debris Removal Contract Amendment, Phillips and Jordan • Public Safety Building: Structured Cabling Services. Budget Line Item: 100-1535-54- 2300 (IT— Computer Room Equipment) FY15 Budget • Memorandum of Understanding —John Eric Schleicher • Memorandum of Understanding — Savannah-Chatham Metropolitan Police Department. Discussion: Mr. Branch explained that this is an agreement Chief Bryson has requested which will assist in having part-time assistance from Savannah/Chatham Metro Officers during the season. Mayor pro tem Doyle called the regular meeting to order at 7:00PM. All those present for the consent agenda were present. Opening Ceremonies • Call to Order • Invocation: Jan LeViner • Pledge of Allegiance Consideration of Boards, Commissions and Committee Appointments. • Ronald Bossick • Charles Matlock • Caren Madsen Clerk of Council Jan LeViner read the results of the public vote (attached). The vote was four votes for Ronald Bossick and one vote for Charles Matlock. Rob Callahan made a motion to approve the appointment of Ronald Bossick. Paul Wolff seconded. The vote was unanimous, 5-0. Report of Staff, Boards, Standing Committees and/or Invited Guests Quarterly Report Tybee Island Fire Department. Mr. Parks had several questions for Ms. Schleicher regarding the quarterly report to include a breakdown of fire calls. Ms. Schleicher explained to the satisfaction of Mr. Parks. River's End Campground. Mr. Wolff asked Ms. Schleicher to explain the revenues as they were up but the expenses were up even higher. Ms. Schleicher stated that this was due to the significant renovations with the infrastructure. Lisa Callahan, Beach Task Force, approached mayor and council. Ms. Callahan discussed the Biggert-Waters Flood Insurance Reform Act as well as the Community Rating System (attached). Mayor pro tem Doyle thanked Ms. Callahan for her report. Charlie Brewer approached mayor and council to speak on the proposed ordinance 35-2014, Taxis and Vehicles for Hire. Mr. Brewer expressed his concerns regarding the amount of people allowed to ride in vehicles; age of drivers; seven year driver's license check; health check for the drives; waiting for fares; and insurance levels. Mayor pro tem Doyle confirmed with Mr. Branch that he had Mr. Brewer's concerns so they can be addressed with the proposed ordinance. Mr. Branch confirmed. Consideration Local Requests and Applications — Funding, Special Events, Alcohol License Special Event Consideration: Tybee SEABAR Beach Bash (July 4): 6:00 — 9:30PM, Tybrisa/Strand Roundabout. Withdrawn Alcohol License Request — Special Event — Beer, Wine, SEBAR, LLC, SEABAR Beach Bash, July 4, 2014. Withdrawn Consideration of Bids, Contracts, Agreements and Expenditures River's End: Landscape Management Proposals. Budget Line Item: 55-6180-52- 3850 (River's End Contract Labor). Ms. Schleicher stated that this item needs to be tabled as a new RFP will be issued due to only one bidder submitted a RFP. A new RFP will be sent to all the landscapers in the area to get better participation. Mr. Wolff suggested the City look at the cost to hire a full time landscaper as a staff member as well as contract with Department of Public Works. After a short discussion it was decided that an RFP would be sent. No action taken. Paul Wolff made a motion to approve the consent agenda. Monty Parks seconded. Discussion: Ms. Schleicher stated that the intern, John Eric Schleicher, would not be receiving a salary from the City. Vote was unanimous, 5-0. Public Hearings Second Reading, Proposed Budget FY2014 — 2015. Mayor pro tem Doyle had a short discussion regarding raises for staff. Mr. Wolff asked what the Federal Cost of Living Allowance (COLA) is currently. Mr. Garbett responded for Social Security it is 1.5%. Ms. Schleicher confirmed. Mr. Wolff would like to start at 1.5% for discussion and consider giving employees a 1.5% COLA increase which would have an impact of $72,679.52 or Option B, mayor and council do a 3/4% COLA and 3/4% merit with supervisor approval. Mr. Garbett agreed and would ask that merit increases be awarded to those employees who have an outstanding evaluation. He would ask that staff look at the impact as there are different staff levels at each department. Ms. Schleicher would like direction from mayor and council on how to proceed. She explained that the department heads do like the merit increase and in order to be competitive for the entry level employees, their levels need to stay with the COLA. Mr. Parks stated that he is in favor of the 1.5% that is divided between COLA and merit and would ask Ms. Schleicher to provide mayor and council with feedback. Mayor pro tem Doyle added that in the past employees were given 1.5% and after six months, mayor and council reviewed, and decided if additional monies would be given. Ms. Schleicher stated that last year, staff was given a one- time bonus which was awarded due to their evaluations. Mayor pro tem Doyle asked Ms. Schleicher when the last time employees were given a 3% increase. Ms. Schleicher responded she was not sure but would research and provide mayor and council with the information. Mayor pro tem Doyle stated that she is not opposed to the 1.5% but would like mayor and council to consider 1.5% for the first six months and then review the finances in January 2015 for funding of an additional 1.5%. This would take the place of a merit increase and bonus. Ms. Hudson responded that in 2012 employees received a 1.8% increase. After a short discussion regarding the COLA increase, Mayor pro tem Doyle stated she commended the City employees and feels they need to be rewarded for the job they do as they work hard. Mr. Wolff stated that he is not against the 3% to the employees that merit the extra amount and asked Ms. Hudson where the money would be come from. Ms. Hudson responded that some funds would be available due to the millage increase and the remainder would come from the fund balance from the general fund. Mr. Garbett would ask for a packet showing the history of the raises for the last five years. Ms. Schleicher confirmed. Mr. Parks asked Ms. Hudson to explain the one additional staff for the Department of Public Works (DPW), Sec 11, Public Works Administration. Ms. Hudson responded that she is currently changing the classification and is working with the Human Resources Director as originally Mr. Wilson stated he was going to hire someone else and possibly reclassify another position. She reviewed and found funding that would be available for the employee increases. There was a short discussion regarding staffing in DPW. Mr. Parks stated that it was his understanding that a staff member would be brought up from the position of laborer to the storm water program administrator. Mayor pro tern Doyle stated that Mr. Wilson is bringing up the foreman of the landscape crew and not hiring a new employee. Mayor pro Doyle directed everyones attention to the capital outlay in the Clerk's budget regarding software. She feels that more justification is needed prior to the final adoption of the budget. Ms. Schleicher stated that Mr. Smith had sent an email out addressing all the issues. Mayor pro tern Doyle then addressed the capital improvement budget regarding the Tybee Island Fire Department. She stated that it is proposed to spend $300,000 this year and again in 2016 and 2018. Ms. Hudson confirmed as it is the desire of Chief Sasser for his five year plan. This will replace the three oldest engines on the Island. Ms. Hudson confirmed. Ms. Schleicher stated that Chief Sasser requested the big pumper and later asked for the mini-pumper which acts as a first responder. Ms. Hudson stated there will be money available for the big pumper and during the last six months of the year as well as for the second engine when SPLOST is received. Mr. Garbett stated that he has received a request from Sara Jones, Tybee Island Historical Society, for $2,500. This being a minor amount was not sure if this should come before mayor and council now or when the proposal is received. Mayor pro tern Doyle recommended waiting until the proposal is received. Council agreed. Ms. Schleicher stated that the Tybee Tourism Council requested additional ashtrays be purchased for the south-end business district. Mr. Wolff stated that he would like to move forward with this request as this is an ongoing problem. He would also like them secured to avoid theft. Mayor pro tem Doyle recommended to Ms. Schleicher that she move forward with this request. Mr. Parks asked Ms. Hudson how many police cars are in the capital. Ms. Hudson responded four. Ms. Schleicher clarified that the two administrative vehicles would be hybrid and the two patrols would be more traditional vehicles. Freda Rutherford approached mayor and council to thank Ms. Hudson for her hard work with the proposed budget as it is easy to read and understand. Ms. Rutherford asked for clarification of the next phase of the median project as well as for the north beach bathrooms. Mayor pro tern Doyle explained to the satisfaction of Ms. Rutherford. Mayor pro tern Doyle asked mayor and council to forward any questions or concerns directly to Ms. Schleicher and Ms. Hudson for their action. No action taken Minor Subdivision of Land — Consideration of request to divide 1 lot into 2 lots — Lorena Mitchell, 110 S. Campbell Ave, Zone R-2; PIN 4-0019-03-007. Dianne Otto approached mayor and council stating that the property is owned by Ms. Mitchell who is out of state at this time. She will be represented by Bert Barrett, Jr. She further explained that this item was heard by the Planning Commission and the vote was to deny. Ms. Otto stated that the request is to subdivide the existing one lot into two lots where two existing structures are on this property. One being a single family (one story building) and the other structure is a duplex. She continued by stating, currently the lot does meet the City's lot size requirements for the R-2 Zone and the property line would create two non-conforming lot sizes and explained the lots sizes if subdivided. Ms. Otto explained that a letter has been received from United Community Bank outlining the purpose of the property owner's request which is to receive a home equity loan. This letter was not included in the Planning Commission packet as it was received after the fact. Mr. Wolff shared his concerns as this request is a financial hardship not related to what is defined in the Code. Mr. Parks asked Ms. Otto if there are other properties like this on the Island and is this a first of many to come before mayor and council. Ms. Otto responded there are other properties on Tybee that have more than one dwelling and cannot speculate if they will come before mayor and council. Mr. Garbett asked Mr. Branch if this agenda item were to be approved, would there be two very sub-standard lots and if they were to be sold, what would be the criteria for rebuilding. Ms. Otto responded that it would depend on the circumstances under which the structure(s) was destroyed. She read from the Code for clarification. Mr. Garbett is especially concerned about the duplex as it is problematic. Mr. Barrett approached mayor and council to answer any questions or concerns from mayor and council. Mr. Barrett stated that the homeowner approached him as he had previously surveyed the property as she needed a demarcation line. He explained that this is not uncommon for a bank not to give a loan in a situation such as this. Mr. Barrett quoted Mr. Major, Tybee Island Planning Commissioner, "nothing will change as you will ride by the property and see no changes to the look of the property". He stated that the hardship related to this agenda item is not financial but what is in the Code. The reason for this agenda item is as explained, is to get a home equity loan and she cannot do it as there are two residential structures on the lot. Mayor pro tem Doyle thanked Mr. Barrett for his explanation and comments. Paul Wolff made a motion to deny. Rob Callahan seconded. Discussion: Mr. Garbett stated he is still struggling with this agenda request as the hardship is the buildings were put on the property prior to 1972 and there is no way they can meet the current standards. Mayor pro tern Doyle stated that the hardship is the topography as it is an old lot. Mr. Wolff disagreed and stated that mayor and council would be remiss in their duty if they created two sub-standard lots of record from a lot that is now conforming. Mayor pro tern Doyle clarified this request is not a variance as referred to by Mr. Parks and Mr. Garbett but a creation of a minor subdivision. Ms. Otto responded that mayor and council are considering two proposed lots that do not meet the minimum lot size and two structures that do not meet the required set-backs. If this item is granted, mayor and council would inherently be approving a variance as a vote to approve is an acceptance of these sub-standard lot sizes and non-conforming set-backs. It is not called a variance as it is a consideration of a subdivision. Ms. Otto made reference to the Chatham County Property Records as to the built date of the residences. Voting in favor to deny were Paul Wolff, Monty Parks, Rob Callahan. Voting against were Wanda Doyle and Bill Garbett. Motion to deny carried, 3-2. First Reading, 33-2014, Text Amendment — consideration of permit placard. requirements — Article 9, Building Regulations; Section 9-030, Building Permits. Ms. Otto explained that the placards are referring to the permitting signs that are issued when people obtain their building permits. This version would state that the placard is to be posted on the premises but not more than 5' from the front property line. She explained that this requirement has generated the request before mayor and council and by placing them in the proposed location will give everyone notice of the work that has been permitted. The Planning Commission voted 5-0 for approval. Mr. Callahan would recommend that language be added to include the protection of the placard in such a way that the writing is legible until the project is completed. Ms. Otto explained that the City purchases a high quality paper for the placards and they usually last for the duration of the project. Mr. Garbett confirmed with Ms. Otto that the placard must be posted for the duration of the project. Mr. Wolff recommended that language be added regarding the legibility of the writing on the placard and the replacement therefore. Ms. Otto confirmed. Paul Wolff made a motion to approve as amended. Bill Garbett seconded. Vote was unanimous, 5-0. Council, Officials and City Attorney Considerations and Comments In Mr. Brown's absence, Mayor pro tern Doyle agreed to address his agenda items. Mayor pro tern Doyle expressed Mr. Brown's concerns with WastePro as their service has not been in compliance under their contract. Mayor pro tern Doyle suggested that staff review the terms of the contract to determine why they are not in compliance. Ms. Schleicher invited James Lanier, WastePro, to speak to mayor and council to address their concerns. Mr. Lanier approached mayor and council to discuss the pick-up of yard waste. He stated that he did meet with Ms. Schleicher to address these concerns. Mr. Lanier explained that clarification has been posted to the website and has implemented a mechanism to track pick-up as there have been concerns as to if WastePro is to pick-up the yard waste or not. Mr. Lanier explained that he has also spoken to several residents who were not clear on the pick-up stipulations and actual locations of the yard waste. He assured mayor and council that he will actively work towards more efficient service. Mr. Garbett asked Mr. Lanier to explain the requirements. Mr. Lanier stated there was confusion regarding commercial yard waste and residential yard waste. It is his understanding that if it is commercial yard waste that WastePro is not responsible to remove as it is not their responsibility. Size is the other concern and all requirements have been outlined on the website. He feels that this will eliminate any concerns. Ms. Schleicher confirmed and stated these requirements have been included on the back of the water/sewer bill. Mr. Wolff would like Mr. Lanier to provide not only residents but vacationers clarification on recyclables. Mr. Lanier confirmed. Mayor pro tern Doyle stated that Mr. Brown would like to propose that the City charge a nominal fee for golf cart decals for residents as they already have a registered vehicle with a complimentary decal. Mr. Brown does not feel that there should be an additional charge for a golf cart decal for residents. Ms. Schleicher asked for clarification. Mayor pro tem Doyle stated that Mr. Brown indicated that it would be for residents and would recommend that further discussion might take place when Mr. Brown returns to council meetings. Ms. Schleicher suggested that the Parking Committee review this at their July 2014 meeting and bring recommendations back to mayor and council. Mayor pro tern Doyle confirmed. In the absence of Mr. Hughes, Tommy Branch approached mayor and council for the discussion of 35-2014, Article VI, Taxis and Vehicles for Hire. Mr. Branch stated that the issue on the Island has been coming about due to different modes of transportation being used for hire. He explained that the current ordinance is outdated and this is an attempt to bring the ordinance up to date. Mr. Branch reminded everyone that this is for discussion only and will be brought back to mayor and council for approval at a later date. Ms. Schleicher stated that when staff discussed the proposed changes, it was recommended prior to coming back before mayor and council, there would be a workshop with all the owners of shuttle businesses to get input for the crafting of an ordinance. Mr. Wolff agreed with some of Mr. Brewer's comments from earlier in the evening and would like them incorporated into the proposed ordinance. Mr. Branch confirmed. Mayor pro tem Doyle would like the issue of waiting for fares and utilizing a parking space addressed. There was a discussion regarding the criminal background checks and health checks. Ms. Schleicher stated she has concerns on how the health checks could be done but is in favor of the background checks. Mr. Garbett suggested that the employer of the drivers could enforce a health check. Mr. Parks suggested that the City require a basic health check much as the Department of Transportation administers. Mr. Branch agreed and does not see a legal issue with the requirement. Mr. Parks expressed his concerns regarding the traffic pattern of the vehicles for hire especially the golf cart types; the decorations that have been added such as lights; noise due to lack of mufflers; and how to address the physical location of the business. Ms. Schleicher responded that inspections are only done once and language might be added to the Code, with the regards to the commercial shuttles, that inspections are done annually. Ms. Schleicher asked that mayor and council send their comments to her for incorporation into the proposed ordinance. Mayor and council confirmed. Rob Callahan made a motion to adjourn to Executive Session to discuss litigation and personnel. Paul Wolff seconded. Vote was unanimous Bill Garbett made a motion to return to regular session. Rob Callahan seconded. Vote was unanimous, 5-0. Paul Wolff made a motion to adjourn. Rob Callahan seconded. Vote was unanimous, 5-0. Meeting adjourned at 9:15PM