HomeMy Public PortalAbout050_010_20141023Minutes City Council Minutes 20141023
Consideration of Items for Consent Agenda
Mayor Buelterman called the consent agenda to order at 6:30PM on October 23, 2014. Those
present were Paul Wolff, Monty Parks, Rob Callahan, Wanda Doyle, Barry Brown 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. Mr. Hughes was out of town on business.
Mayor Buelterman listed the following items on the consent agenda:
• Minutes, City Council Meeting, October 9, 2014
• Minutes, City Council Workshop, October 16, 2014
• Community Resources Council Reappointment
a) Freda Rutherford - reappointment
b) Bud Matlock— new appointment
• Special Event Consideration: K. Patel/Wedding: Tybee Island Wedding Chapel at
10:00AM
• Public Safety Building: Change Order #3 — Removal of additional asbestos from old
police building. Budget Line Item: 320-3210-54-1310 (Capital — Police Building)
2008 SPLOST. Cost $4,538.
• North Beach Dune Maintenance Project — Estimated Cost $500,000. Beach Task
Force recommended pursuing project once funding is identified. Discussion. Mr.
Garbett stated his concerns as it appears to him that this will be put on private
property and is not sure it is legal. Mayor Buelterman responded that in 2002
members of the Beach Task Force went to the property owners that abutted the
land and obtain easements. All easements were signed off on and per the
Department of Natural Resources (DNR), this is considered a maintenance project,
signatures will not have to be obtained again. He further explained that when the
Federal Project was authorized in 1973, it only included the jetty and did not wrap
around the north-end. It is also clear that there is an impact from the shipping
channel, ship wake and other things that are unnatural, causing erosion and it is his
opinion that it is the State that should fund the repairs. Mayor Buelterman further
stated that the State verbally indicated that the City can use the excess funds from
the $5.8M that the State provided for the re-nourishment to restore the north-end
back to the way it was in 2002. Mr. Garbett then expressed his concerns regarding
access to this area if and when sand was put on the beach. Mr. Wolff asked Ms.
Schleicher if the easements that were signed in are 2002 are perpetual easements
that are deed restricted with the property and if so, could the City put that river
front into a conservation easement and add to the open space CRS points. Ms.
Schleicher responded that the City did receive credit for whatever dunes and beach
front was established. Mr. Branch stated that the referenced easements are not
included in the packet before mayor and council and research would have to be
done to review the language of the easements. Mayor pro tem Doyle stated her
concerns as to why these items are being presented to mayor and council at this
point. It is her thought that they should have been discussed at the Beach Task
Force meeting, especially regarding the private property easements. If this had
been done, the city attorney would have been prepared to answer the questions and
mayor and council could move forward with a decision. Mayor Buelterman asked
Ms. Schleicher for clarification of what was actually before mayor and council. Ms.
Schleicher responded that it is to obtain approval so Mayor Buelterman can move
forward to receive funding for the project. Ms. Schleicher explained the history of
the project and would ask that mayor and council unite with this project. Mayor
Buelterman recommended this agenda item be included on the consent agenda to
authorize a continued pursuit of state funds for the north-end project. Mayor and
council confirmed.
• Derelict Structures Removal Project — Estimated cost $1,700,000 to $1,900,000.
Beach Task Force recommended pursuing project once funding is identified.
Discussion: Mayor Buelterman clarified that mayor and council need to approve
Ms. Schleicher moving forward with the permitting process. Ms. Schleicher
responded that there is money to do the survey but not permitting. She would
recommend that mayor and council approve Mayor Buelterman to continue the
pursuit of funding for the permitting process. Mayor and council confirmed.
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 United Methodist Church
• Pledge of Allegiance
Report of Staff, Boards, Standing Committees and/or Invited Guests
Hunter Key, GIS Manager, Coastal Regional Commission approached mayor and council
to give an update on the Tybee Island GIS website (attached). This is currently on the Coastal
Regional Commission website and they hope to have it linked to the City website shortly. Mr.
Key stated that there are other applications for smart phone, tablets, etc. which will enable you
to search parcel information. He gave his contact information for those who have further
questions. Mayor and council thanked Mr. Key for his work on this project.
Citizens to Be Heard: Please limit comments to 3 minutes. Maximum Allowable time
is 5 minutes.
Ashley Workman approach mayor and council to speak on a proposed Single Use Plastic
Bag Ordinance (attached). Ms. Workman is suggesting a campaign to raise awareness of
the dangers and unnecessary wastefulness of single use plastic bags. She would also
encourage restaurants to offer an alternative to plastic bags for carryout. Mayor Buelterman
thanked Ms. Workman for her presentation and all the work that has gone into the proposed
plastic bag ordinance.
Chuck Powell, member of the Board of Directors of The Tybee Community Pool, approached
mayor and council to speak in favor of the Tybee Island Pool. Mr. Powell gave a short
presentation (attached) covering the Who, What, When Where, Why and How of the proposed
pool and would ask mayor and council to consider for a referendum.
William Brinkley approached mayor and council to speak in favor of the proposed single use
plastic bag ordinance. Mr. Brinkley explained the impact the plastic bags have on the marine
life and asked that mayor and council consider the proposed ordinance.
Karen Grainey, President, Clean Coast, approached mayor and council to speak in favor of
the proposed single use plastic bag ordinance. Ms. Grainey explained the devastating effects of
the plastic bags have on marine life as well the ocean itself. She stated that Clean Coast fully
supports Tybee Island adopting a single use plastic bag ordinance. Mr. Garbett stated that
mayor and council will take the proposed ordinance into consideration.
Monty Parks asked Ms. Workman to continue to reach out to the business community as they
are some of the most creative people on the Island. He then thanked Ms. Workman for all her
work.
Paul Wolff recommended that mayor and council set up a committee that would include
members from the Community Resource Committee, business community and council members
to look at all methods to make this work as this is a win-win situation. He further stated that if
this is handled properly, it will help the business owners and help promote Tybee Island as an
eco-friendly destination. Mr. Wolff thanked Ms. Workman for all her work.
Barry Brown also thanked Ms. Workman but would like to know if there might be a way to
keep the visitors from bringing plastic bags to the Island. Ms. Workman responded that it
would be almost impossible to monitor the amount of bags that come on the Island from
outside. Mr. Brown made reference to the proposed ordinance as presented in the packet
before mayor and council. Mr. Branch stated that the ordinance is in order and may need some
minor changes. Mayor Buelterman made reference to the plastic bags that are available at
each cross-over. Ms. Workman stated that these are biodegradable bags and less harmful to
the environment and the only issue with these bags is littering. Mr. Wolff expressed his
enforcement issues with the not only the plastic bags but also with littering. Mayor and council
again thanked Ms. Workman and encouraged her to continue to work with the business
community for sustainability. Mayor pro tem Doyle expressed her concerns with the day
trippers as they are the ones that are littering the streets and the beaches. She is also in
agreement with contacting the local businesses for their input. Ms. Schleicher suggested that
the city attorney draft an ordinance for mayor and council's review and input, then have
subsequent meetings with all the impacted businesses which will be done at staff level. Mayor
and council confirmed. Mayor Buelterman then read a letter from Clay Davidson, Chairperson,
Executive Committee, Surfrider Foundation Georgia Chapter (attached) in support of a plastic
bag ordinance as well as a letter from Mike Hosti expressing his concerns with an ordinance.
Paul Wolff made a motion to approve the consent agenda. Monty Parks seconded. Vote
was unanimous, 6-0.
Consideration of Ordinances, Resolutions
Second Reading, 55A-2014, Article 2, Definitions. Paul Wolff made a motion to
approve. Monty Parks seconded. Vote was unanimous, 6-0.
Second Reading, 54-2014, Section 3-070, Permissible Structures per Lot; Accessory.
Structures; City of Tybee Island, petitioner; consideration of electrical meter
standards. Paul Wolff made a motion to approve. Bill Garbett seconded. Voting in favor
were Paul Wolff, Monty Parks, Rob Callahan, and Bill Garbett. Voting against were Wanda
Doyle and Barry Brown. Motion carried 4-2.
Council, Officials and City Attorney Considerations and Comments
Mayor Buelterman requested that staff bring a report to mayor and council with the amount
of Unanticipated Hotel/Motel Funds the City will receive due to the State's interpretation of
the hotel/motel law that should have been collected on cleaning fee, resort fees, etc. He
stated he would like to use a portion of those funds for the non-profits on the Island that have
the benefits of helping the residents while at the same time drawing the tourists. Mayor pro tern
Doyle recommended that mayor and council look at all the non-profits and evaluate so each is
treated equally across the board. Mayor and council confirmed. A discussion ensued regarding
the amount of funds that could be received and the time frame that a report can be provided to
mayor and council. Mr. Parks suggested that mayor and council re-evaluate the giving to non-
profits in December 2014. Mayor Buelterman recommended that this be added to the
upcoming workshop in January 2015 as by then staff should have an estimate of the amount of
funding that will be forthcoming. Mayor and council agreed.
Monty Parks stated that he has some important questions regarding the Proposed Tybee
Island Swimming Pool. Mr. Branch explained that under the current SPLOST arrangement,
$800,000 was allocated toward recreational facilities, there is also a requirement that the
project be in the Capital Improvement Plan which is not but can be amended and then added;
secondly, the opinion of the city attorney, given it is such a large project it would not be optimal
to use exclusively SPLOST funds for the project. Use of SPLOST funds would not be prohibited,
but be best if it were a mixture of other funding sources along with SPLOST funds. Mayor
Buelterman clarified that when the request was made to the County, he specifically asked for
$20M of which half would be allocated to beach re-nourishment. What was received was $6M
for beach improvements and $4.2M for the City. He further explained that the figure of
$800,000 is what was requested initially, not what the County gave the City. It was then
determined at the first budget workshop that mayor and council would wait until such time as
the outcome of the beach re-nourishment project before it was determined how the $4.2M was
going to be allocated. He reminded everyone that the $4.2M is only an estimate and could be
lower. Next there was a discussion regarding a referendum being placed on a ballot and if it is
a binding referendum. Mr. Branch explained there are several ways to accomplish a
referendum: (1) you are not allowed to do a straw poll referendum based on whether there is
to be a pool or not unless the state legislators give their approval. If approval is obtained for a
straw poll, it is his opinion that it would potentially be a binding referendum. His office did
contact the Office of Legislative Counsel and are currently working with the local legislators as
approval is needed and (2) the other avenue is a referendum attached to a debt obligation. Mr.
Branch explained that the opinion of the city attorney's office is that it would not be binding as
it would only authorize the City to issue the debt. Mayor Buelterman then asked if the
referendum is tied to debt, do you have to identify the funding source. Mr. Branch responded
that if you have the referendum, you would identify the funding source and would be bound if
the vote was yes to issue to bond. Mayor Buelterman then asked would you have to state how
you would repay the bond. Mr. Branch answered yes as you would have to be very specific as
to the financial nature of the debt and how it is to be repaid. He explained that the referendum
could be held at a special election. Mayor Buelterman asked for clarification of the straw poll
and debt obligation. Mr. Branch explained that if a straw poll is done, legislators must approve
but if a debt obligation is done, legislators do not have to approve. Mr. Wolff stated it would be
his preference to do a straw poll to receive opinions from the voters and would not have to be
binding. Mr. Branch responded that it could be either way and would have to be
discussed. Mr. Garbett stated that he would not like to have a bond issued with a debt
obligation. Mr. Parks then asked if the city attorney's office would have ample time to craft a
referendum or straw poll question by November 13, 2014 city council meeting. Mr. Branch
responded that his office would need a resolution which could be done if it is the desire of
mayor and council. Mayor pro tem Doyle stated that the straw poll in her opinion is not being
open and transparent and would not be in favor of a straw poll. There was a brief discussion
as to the verbiage of the straw poll; language of the referendum; location of the pool;
addressing parking; maintenance; and cost. Mr. Parks stated he is going to make a
commitment based on the enthusiasm and will proceed to craft a package and have public
meetings beginning in January 2015. He also feels that the referendum to include the debt
explanation/obligation/millage increase wording is the transparent method to proceed. Mr.
Callahan confirmed with Mr. Branch that the pool could not be paid exclusively with SPLOST
funds. Mayor pro tern Doyle recommended that meetings to include the public be held
beginning in January 2015 to ensure the City is being open and transparent. Mr. Garbett does
not feel this should be attached to a millage increase as there are many other options
available. He expressed his concerns with a millage increase as it is being disingenuous. Mayor
Buelterman stated that the proposal must be clear as to the maintenance and operational costs
will be as there might be financial issues. He then thanked Mayor pro tern Doyle, Mr. Wolf and
Mr. Parks for all their hard work. Mr. Branch asked for clarification of the direction of mayor
and council regarding the city attorney's office. Mayor Buelterman responded that the Pool
Study Committee will bring back to mayor and council with information to start to develop
language to continue discussions with the State Legislative Counsel for the debt obligation.
Paul Wolff stated that Attorney Jonathan Hart has reviewed the Proposed Disaster
Recovery Ordinance. Mr. Branch stated that his office was not aware that Mr. Hart had
reviewed the proposed ordinance. Mr. Wolff added that Clayton Scott, Director, CEMA, also
reviewed the proposed ordinance and was supportive. Mr. Branch stated that he feels the
proposed ordinance is well written but has concerns that there is a county emergency
management organization and a municipality such as Tybee Island, you cannot have conflicting
parts of an the ordinances. He recommended that Mr. Hart and the city attorney's office meet
to ensure there are no conflicts. Mr. Wolff further explained zoning laws can be temporarily
suspended, waived or modified by the City based on critical needs which will assist in rebuilding
your residence. Mayor Buelterman thanked Mr. Wolff for his work on the proposed ordinance.
Mr. Branch stated he will reach out again to Mr. Hart's office. Mayor Buelterman asked Mr.
Branch to craft an Intergovernmental Agreement with the county to allow Tybee Island to have
control of Highway 80 from Lazaretto to Bull River Bridge in case of an evacuation.
Wanda Doyle would like the support of mayor and council to work with the city attorney to
establish a new Grievance Policy for employees that would include a grievance
committee. Ms. Schleicher feels this is a step in the right direction as it will close a gap with
what is in place currently and will put in place a more formal grievance process. Mayor pro tem
Doyle would also like an update regarding the Class and Comp Plan as it was put in the
budget to review job descriptions. Ms. Schleicher stated that all the job description have been
returned to the Human Resources Department and are scheduled to be reviewed as it is a high
priority of the department heads.
Wanda Doyle then gave an Update on Public Safety Building as the punch list is almost
complete and should be completed within two weeks. Landscaping is the next step and DPW
has come up with a plan for completion. She explained that a retaining wall needs to be
installed at the rear of the building due to the drainage during rain storms and a privacy fence
will be built and extended from the dog park to Captain's View. Mayor pro tern Doyle reminded
everyone that the ribbon cutting will be on December 11, 2014 at 4:30PM with the city council
meeting to follow at 6:30PM. There was a discussion regarding when the dog park will be
open. Ms. Schleicher stated that it should be within the next two weeks.
City Managers Report
• Short Term Work Program
• Action Item List
Paul Wolff made a motion to adjourn to Executive Session to discuss personnel, property
acquisition and the sealed proposals for North Beach Bathrooms and City Hall Assessment.
Monty Parks seconded. Vote was unanimous, 6-0.
Paul Wolff made a motion to return to regular session. Bill Garbett seconded. Vote was
unanimous, 6-0.
Paul Wolff made a motion to adjourn. Rob Callahan seconded. Vote was unanimous, 6-0.
Meeting adjourned at 8:45PM
Janet LeViner
Clerk of Council