Loading...
HomeMy Public PortalAbout20060413_TybeeCouncilMinsCouncil Minutes Page 1 of 17 Meeting of 2006-04-13 City Council Minutes Mayor Pro Tem Shirley Sessions called the Agenda Meeting to order at 6:30 PM. Council Members present were, Mallory Pearce, Kathryn Williams, Wanda Doyle, Paul Wolff and Eddie Crone. Mayor Buelterman was out of town. Assistant City Manager Dee Anderson and City Attorney Edward Hughes were also present. Mayor Pro Tem Sessions asked if the minutes from March 23, 2006 and the Alcohol License for Tybee Bait & Tackle could be put on the consent agenda. Everyone agreed. Mr. Hughes said the Bank Merchants Agreement was back on the Agenda this week after Mr. Hedgecorth was notified that it was too late to consider his bid. Mr. Hughes said this could be a part of the consent agenda as long as it was agreed to by all Council Members. All Council Members agreed. Mr. Anderson asked that the Budget Adjustment of $35,000 to purchase Emergency Radios be a part of the Consent Agenda. Ms. Williams asked about the cost being over $10,000 and needing to go out to bid. Mr. Anderson told Council this was an Emergency Purchase to replace radios and had been requested under sole source procurement citing that there was only one source for Motorola equipment maintenance at short notice in the area. Ms. Williams asked Chief Price if the reason was because of compatibility with the existing system. Chief Price said that was correct. The Emergency was the failure of the existing radios during a Fire Emergency at Huck- a-poos. Mr. Anderson explained the budget adjustment as coming from the Generator Project @ $8,200 and Software for Human Resources @ $11,340 and the elimination of the Parks Mower @ $10,000. Mayor Pro Tem Sessions asked who the City of Savannah used for their communication systems. Chief Price said Savannah Communications is the only one around so all the area municipalities use them. Mr. Wolff said this seems like something we have to do for public safety. Everyone agreed that it could go on the consent agenda. Mr. Wolff asked about the Travel Policy being on the consent agenda as long as the $50.00 a day limits on food cost is there. Everyone agreed. Mayor Pro Tem Sessions requested the Action Items List and the Parking Survey Results be put on the Agenda for the next meeting. Mayor Pro Tem Sessions called to close the Agenda Meeting. Mayor Pro Tem Sessions called the Regular Meeting of the City Council to order at 7:00PM Reverend David Laughner gave the invocation and the Tybee Memorial Guard Posted the Colors. Everyone recited the Pledge of Allegiance. *** Paul Wolff recognized the Donations for the DCA team and presented Certificates to: Atlantis Inn, Mary Elfner, Bernie Goode, Tybee Beach Vacation Rentals, Diane Kaufman, Ocean Plaza, Lou Off, Shirley Sessions, Linda Woods, Tybee Vacation Rentals, Capt. Mike Council Minutes Page 2 of 17 Scarborough, Doyle landscaping, Tybee Arts Commission, Tybee Art Association, Tybee Beautification Association, Fox Electronics, Huck-a-poos, Tybee Marine Rescue Squadron, Tybee Neighbors Association, Eddie Crone, Marine Science Center, Sandy McCloud, Harry Spirides, T.A.P.S., Tybee Historical Society, Tybee Tourism Council, Jimmy Brown, Bill Cannon, Janice Elliott, Chris Freeman, April Moore, Dianne Otto, Greg Sampson, Richard Thompkins, Shadara Wright, Todd Smith and Ann Miller. Mr. Wolff thanked everyone and said he hopes to see good results from this endeavor. Preliminary results should be on the City Website within a month for public comment. Mayor Pro Tem Sessions thanked Mr. Wolff for organizing everything for this group. *** Mayor Pro Tem Sessions thanked the Firefighters that responded to the Huck a poos fire within 6 minutes of the call. She said she feels much better about living on Tybee with such a dedicated Fire Department. Chief Sasser said his department did an excellent job with a response time of 6 minutes. He said the first truck had 5 people and ended up with eight. He had requested additional tones but the radio went down. He appreciates Council looking at the Budget Adjustment to remedy that situation. He said he is proud of the Fire Department and the Dedicated Personnel that are giving everything they can. He said he is sorry for the business owner but the timing was good because a lot of the firefighters work in Savannah and the tone caught them before they left the Island so he feels it could have been a lot worse. Mayor Pro Tem Sessions said Huck a poos owner Eric Thomas and his staff have been a big part of this community and have always helped out. She hopes there will be a fund raiser to help them with their loss. *** Mayor Pro Tem Sessions congratulated the Finance Officer and her Staff for the City having a clean audit. *** Mayor Pro Tem Sessions asked that everyone please contact Rep. Burke Day and our Beach Task Force people and thank them because the State gave Tybee over 2.9 million dollars for Beach Renourishment. She said we hope the federal government follows suit. She said thanks to everyone that had a hand in that. *** Jackie Brown said that she wanted to bring to public knowledge the bid for the crossover that was issued in November was given to Entech but they did not purchase a business license until March 06, 2006. She said she started asking Mr. Anderson questions on March the 4th and finally e-mailed him again on the 6th and copied Ms. Sessions on the 11th and she was able to get the records on the 12th. Ms. Brown said she had talked to Ms. Sessions about Entech bidding on a three foot wide crossover and that it had been mentioned in the bid several times. She said she did not know who did the specs. Ms. Brown said Mr. Anderson had told her that the material had been delivered to DPW and then taken to the job site for Entech. She said Mr. Anderson had told Council Minutes Page 3 of 17 her that DPW would do that for any contractor working for the City. She disagreed and said it was the city’ s problem to check into. Ms. Brown said that the bid required 2 million in liability insurance and they only had $100,000 according to the document she had. Ms. Brown said she had contacted the Secretary of State of North Carolina and he said they only have one Entech and that is Entech Animation with no association with anyone out of Tallahasee. Ms. Brown said in the Savannah Morning News on March 28, 2006 it was justified that a police officer shot a dog. She said a dog is supposed to be on a leash or in a fenced area. She said if this dog happens to bother one of her grandchildren after the complaints that have been made repeatedly and the video camera tape of the dog being loose. She wants Council to be aware of the liability they are in. She said this dog has attacked people and on the 19th two police officers went there and the dog tried to get them and was not contained on a leash. Ms. Brown said she grew up on this Island and The Tybee Market ran East to West from Butler to Lovell until it burned down. Mike Hosti decided to build it back the way it is now. She doesn’ t see a problem with allowing him to change it to what it used to be. She said someone had said Judge Oliver did not like the truck traffic and everything but she had talked to his sister in law Seal Lynch and she said the Judge loved sitting on that porch and watching the people and all the traffic. She said the Judge especially loved Mike Hosti and would have done anything to help him. Ms. Brown said she is praying to God that the City gets someone to lead them because in City Hall there is no leadership. Mr. Hughes said the Crossover is finished and it is 6 feet wide and ADA compliant as the specs called for and he understood that we have insurance documents for the appropriate amounts. Mr. Hughes said some mistakes were made that may not have been discovered if not for the open records request so we have learned more about the process as a result of this. the problems have been rectified. *** Karen Moore was not present. *** Mr. Julian Toporek asked Council to do something about the dust on Solomon Avenue. He said the City has treated it at least twice and it is worse now than it has ever been. He said they are inundated with dust all over their house and porch. Mr. Toporek said he had talked to Mark Williams and Mr. Williams had said he didn’ t know what to do but thought that paving might be the only way to cut the dust. He said it is a race track between 5th Ave and Campbell but even when you drive at 15 mph it still creates a lot of dust. He said the City took the responsibility for putting it down and they need to take it up and put something else down. Mr. Crone said he had ridden down that street everyday this week at 15 mph and it creates a cloud of dust. Mr. Anderson said he and Mark Williams had discussed paving it but there was no money in the budget for it. Mayor Pro Tem Sessions said the Council would look for a way to get the money for it and requested that it be added to the Action Items List. Ms Pam Lossing lives on the other side of Solomon from Mr. Toporek and agrees that there is a problem but she doesn’ t want it paved because it is an historic railroad bed. She said the sand that was on it for years was not a problem so maybe the city could put the sand back. She said the Council Minutes Page 4 of 17 City had put up speed limit signs but they just aren’ t working. She suggested that the city dig a trench across the road and make a speed bump to slow people down. *** Ms. Jacqueline Brown the owner of Jon Brown Construction told Council that on Tuesday her husband Jon Brown had gone to court for a building code violation. She said the dispute regarding the building code violation was regarding the labor cost on a remodel. Ms. Brown said there is no set scale for labor cost posted in the Zoning Department. She said her husband had received the maximum sentence that a contractor can receive. He received a $3,180 fine and in lieu of Jail time received 1 year of probation. She said she was speechless as a citizen and as the owner of Jon Brown Construction. Ms. Brown told Council we do not have leadership or equality in the Zoning Department. She suggested reconstruction. She said she has personal knowledge of people that had building code violations. She said her neighbors had installed 4 new pilings and extended their dock without a building permit. She quoted from section 5-160 under enforcement under section 2, it says 15 days final notice (certified mail) shall be given stating the actions the Zoning Officer intends to pursue if the violations are not corrected. It further advises that the Zoning Officer’ s decision may be appealed to the Mayor and Council at the next scheduled meeting. Ms. Brown said she is not appealing to the Mayor & Council because she has already hired an attorney. She said she was told the person that decides the labor cost on a permit is the City Marshall. She said she had a problem with the City Marshall accepting and soliciting donations from Contractors for his Sailboat Team. Ms. Brown said she feels the labor cost is affected by that and she asked that Council keep that under consideration. She said her husband’ s parole officer had said that she had people convicted of DUI & Crime that had lesser fines and probation time. She said the city needs leadership and control and she said it will scare the new City Manager when she gets here. Mayor Pro Tem Sessions asked Ms. Brown to put her concerns in writing and the Council would discuss them at the retreat and respond in writing. *** Tammy Smith representing the Marine Science Center invited the Citizens of Tybee and challenged the Council to participate in the Turtle Trot. Also Tammy and Laura had met with the DNR and on April 29th at 1:00 PM they will have a Loggerhead Turtle to release that has been rehabilitated at Sea World Rehabilitation Center since being found in 2004. She asked everyone to also participate in the 8th Annual Kayak Races on May 13th. *** Mr. Anderson introduced the Employee Benefit Package along with Mr. Hardeman the Insurance Broker for the City. Mr. Anderson said they had looked at many plans and had come up with three choices that they believed would be better for the employees than the present insurance and within the budget amount. Ms. Williams said she was pleased that the City Employees at the lower in of the pay scale were going to receive more benefits. She wanted to go on record as saying this should be bid out next year per our policy. She asked that Benefit packets be put on the Action Items List for January or February. Mr. Hardeman said it has been a pleasure working with the Staff and the City. He feels that they not only are able to help the city but also give better benefits for the employees because of being able to lower the out of pocket expense. He explained that if this plan is approved the employee would have 100% coverage after a $500 or $1,000 deductible. He said it would dramatically Council Minutes Page 5 of 17 decrease the employees out of pocket expense for a Catastrophic Illness. He said they are also able to add benefits that the employees do not currently have including a disability policy. Mr. Hardeman said concerning the bids for next year. The earliest that a quote could be given would be 60 days out from the early spring renewal date because Insurance Companies do not hold their rates for over 60 days. If the city received rates in February they would expire before the renewal unless the city shortened its plan year. Mr. Hardeman said it was bid out and he had sent the bid to 30 different companies and had 10 declinations. He had received bids from Blue Cross Blue Shield, United Healthcare, Principle and Coventry. Mayor Pro Tem Sessions asked why the companies declined to quote. Mr. Hardeman said some companies will not write policies for municipalities with a high number of police and fire personnel as compared to the whole workforce. If it is 25% a lot of companies will decline to quote. He said also a loss ratio showing the premium dollars paid into a system and the claim dollars paid out will keep some companies from bidding. He said the city can’ t help being a municipality. Mr. Crone motioned to approve the recommendation for the employee benefit package, Ms. Williams seconded, and the vote was unanimous. Ms. Williams said in regards to what Mr. Hardeman said concerning the Insurance Industry she thinks Council should take a look at the policy that states anything over $10,000 has to go out to bid and if there are any exceptions to that policy it needs to be clearly stated. Mr. Hardeman said it satisfies the bid process when you have an independent broker send out bid packets to all carriers because he essentially works for the City of Tybee. He said John Oxendine the Insurance Commissioner for the State wanted everyone to be set up on the same playing field but brokers do have an advantage at getting better quotes. *** Mr. Anderson asked Council to consider asking the Engineering Firms that responded to the RFP for Services to give a presentation at the next council meeting. He said the proposals are not that far off from each other and he thinks Council hearing directly from the companies would be best. Council Agreed. *** Mr. Anderson told Council that it had been decided at the department head meeting that DPW could do Park Maintenance in house. Council Agreed. *** Mr. Anderson told Council the committee recommended Wade Electric to install the Generator Feeders for $35, 330. Ms Williams said her preference would be to go with a larger more established firm as one of the committee members recommended. She said in dealing with a 2 person firm there may be problems that can’ t be handled by them. She said we may not have issues with the larger company in terms of response. Mayor Pro Tem Sessions asked if there was a time estimate on the bid. Mr. Smith said it was estimated to take eight weeks. He said this is the third year the city has tried to do this and Braddy Electric has not been out to look at the job. Mr. Smith said he recommended Wade because of their proximity and because they had been looking at the project and had done the old assessment for us. He said they are very familiar with the project and he feels that Wade’ s response time would be shorter for any problems. Mr. Smith said that Braddy was $6,000 higher on their bid and they had not come out or talked to him about the project. Mr. Anderson said Braddy had done work at the Sewer Treatment Plant for Tybee. Mr. Williams said he had found Braddy Electric to be very reliable but recommended Wade Council Minutes Page 6 of 17 because he is located on the Island and feels that his response time would be faster. Mr. Smith said there will be a preventive maintenance agreement bid out after the installation is complete. Mr. Wolff asked if there would be any mystery associated with the project if another company won the maintenance contract. Mr. Smith said no anyone with generator set experience can do it. Mr. Crone motioned to approve Wade Electric, Mr. Pearce seconded, the vote was 4 to 2 in favor with, Crone, Pearce, Wolff and Sessions voting in favor and Williams and Doyle voting against. *** Mr. Anderson said the committee had recommended GIRMA to provide Insurance Services for the City. He said we are already with GIRMA and even though their bid was a little higher we felt that their experience with Tybee carried some weight. He said we had been satisfied with GIRMA but the City Policy is to put it out for Proposal. Mr. Anderson said in addition GIRMA had reduced their rates on the proposal. Mr. Crone motioned to approve GIRMA, Ms. Williams seconded, and the vote was unanimous. *** Mr. Jason Nobles asked Council for approval for the Beach Music Festival special event. He said all department heads had met and worked out the issues and concerns with city services and their request. Mr. Wolff said this proposal was much better than in the past. He said there had been some issues with the neighbors concerning noise and parking but this year it will end earlier and the parking has been addressed. Mr. Wolff said his biggest concern is with it being held the first weekend in August instead of the last weekend in August but the promoters want to maximize its success and he doesn’ t blame them for that. He said on the parking map there is a star showing additional parking but it doesn’ t identify that as the Legion and he is requesting that it say the American Legion on the map because people may think it is behind the lighthouse. Mr. Anderson said that had been brought up in the meeting and corrected. Mayor Pro Tem Sessions said she understood that this year on Friday night it would be held at the Gym and on Saturday at North Beach it would start at 2:00PM and end earlier at 9:00PM. She said the response to the public input from the neighbors was good but she would like a front page with sign offs from all department heads that are affected showing their approval for the event and have the city manager sign it before it comes to council. Mr. Anderson said he has met with Mr. Nobles and he agreed to make that a part of the package. Ms. Williams asked who approves the cost incurred by the city regarding special events. Mr. Nobles said he has a cost reimbursement schedule for all city services that is given to the event coordinator with the application. Ms. Williams asked if someone would police the parking lot early the next morning to clean up trash. Mr. Nobles said yes that was a part of their application and they had requested the city come in and clean up trash and pick up the recycling bins. Ms. Williams said a complaint in the past had been regarding cigarette butts and she was hoping there would be receptacles for them. Mr. Nobles said he would get with public works and make sure that is taken care of. Ms. Doyle thanked Mr. Devivo and everyone that had worked to address the neighbors concerns with this event. Mayor Pro Tem Sessions agreed saying she has consistently voted against this event because of the issues regarding the sound. She feels they have covered all the bases this year and it will be a great opportunity to see how it does for the future events. Mr. Crone motioned to approve, Mr. Wolff seconded, and the vote was unanimous. *** Council Minutes Page 7 of 17 Mr. Nobles addressed the public concerns about the bathrooms at the beach. He said they are on a seven day schedule to make sure the bathrooms are maintained. Mr. Nobles said on the weekends the bathrooms are their primary focus and they make rounds to check for any problems. He said that last year was the first year of taking over the bathroom maintenance from Public Works. He said parking services personnel check for problems in the bathrooms as they are making their rounds for parking. The problem comes as they get busier and it takes more time to get to the other end of the island and the bathrooms are trashed by the time parking services reports the problem. Mr. Nobles said his department will put more focus on maintaining the bathrooms by cleaning them daily and sanitizing them once a week. Ms. Doyle asked if there was a way to provide an attendant for the bathrooms. She said she feels with so many tourists during the summer months council should consider it because with an influx of so many people they may need cleaning every 10 minutes. Mr. Anderson said it is in the budget to hire a seasonal part time person to help with the bathrooms and they will start that hiring procedure. He said he had met with Mr. Nobles and his staff regarding the bathrooms and their response concerning the Women’ s Bathrooms was that they are both men and they have to lock the gate and women are banging on the doors as soon as they start cleaning. They feel sorry for them and let them in and it interrupts the process. Mr. Anderson said he has told them they are to lock the doors and finish the cleaning process before letting anyone inside from now on. He apologized for the bad press but he assured council that the problem is being addressed. Mayor Pro Tem Sessions said she wants the city to be pro active on this issue and she agrees with Ms. Doyle about having an attendant. She said maybe they could look into having a full time attendant for the summer in next year’ s budget. Ms. Williams said she had called the woman that wrote the letter to the editor and the woman had said her past experiences had been that the bathrooms had been clean. She came with her company to Tybee on Saturday and took up for the city because of those past experiences but when they came back on Sunday it looked as if the bathrooms had not been cleaned at all. Ms. Williams said she believes it is important for a supervisor to spot check to make sure the cleaning is being done properly. She said her other concern is the lack of soap or any antibacterial solution for people to use to wash their hands. Mr. Nobles said when he was first hired he asked about soap and paper towel dispensers for the bathrooms and he was told there were not any because of vandalism. He said he was told mirrors were actually taken from the bathrooms. He said they have to put in weekly work orders just to have the doors and tissue holders repaired from vandalism. Ms. Williams said maybe a dispenser could be mounted outside in public view and taken down at the end of the day. She said she feels they are being remiss in not providing a way for the public to wash their hands. She said in a meeting on Tuesday night regarding the Pandemic, the number one issue was you have to wash your hands. Mayor Pro Tem Sessions asked that this be put on the Action Items List. She asked Mr. Anderson to make sure we have the required items stocked heavily for the bathrooms. Mr. Anderson said he would meet with Mr. Nobles and try to find some way of providing the items needed that would not be as susceptible to vandals. Mr. Anderson said Mr. Nobles came in last year and was gung ho on putting all new dispensers in the restrooms and they were destroyed in just a few days by the public. He said the public has no respect for the restrooms. Mr. Crone said the only way to keep the required items in the bathrooms and keep them clean is to have an employee in there at all times with a uniform on. He said there needs to be a man in the men’ s room and a woman in the women’ s room. He said no matter what you put up the public will tear it down even if it is outside they will carry it off and take it home. He said the general public sucks. Ms. Williams said as a tourist destination we need to have a different attitude. *** Mayor Pro Tem Sessions opened the business meeting for Public Hearings. She asked for a motion regarding the consent agenda consisting of, the council minutes from March 23, 2006, Council Minutes Page 8 of 17 Approval of an Alcohol License (package only) for Tybee Bait & Tackle, Bank Merchants Agreement with Chatham Bank, The Revised Travel Policy with $50.00 a day cap on food and the Budget Adjustment of $35,000 for the Fire Department Paging System. Mr. Crone motioned to approve all on the consent agenda as read, Mr. Wolff seconded, and the vote was unanimous. *** Ms. Tsoulos Chairman of Planning Commission presented the petition for a major subdivision at 1112, 1116 & 1120 Hwy 80 into 5 lots, Elk Property Development is petitioner. She said this is a preliminary plan approval and with 6 PC members voting it was unanimously approved. Ms. Rutherford said she listened to the Planning Commission meeting and thought there was no request for a variance. Mr. Anderson said initially they were requesting a variance for their driveway but they had changed the driveway on the plan and didn’ t need a variance. Mayor Pro Tem Sessions said she knew the owners were working with the city trying to get the water & sewer lines to this property. She asked Mr. Hughes what would happen if the property was sold before having the lines installed and would the new owner take on the responsibility for completing that. Mr. Hughes said yes if a water sewer agreement is reached and it should be noted on the plat. Mr. Anderson said the plat would not be recorded until the water & sewer lines are installed. Mr. Hughes said he wouldn’ t want to count on them to extend it. He wants a water and sewer agreement now because he doesn’ t know if they will put the infrastructure in first or bond it with a letter of credit and it will be easier to cover all that with an agreement. Ms. Williams asked about the letter from the Corps of Engineers that was delivered right before the meeting concerning the wetlands delineation. Mr. Hughes said he had quickly read the letter. Mayor Pro Tem Sessions asked why they were just receiving the letter. Mr. Keitzman said to answer the question about the people involved with the property first, Mr. Keitzman and Mr. Calamari are partners in Elk Property Development and there is Amy Gaster and Carrie Effird and the Gentleman named Bryan that owns the last property. He said they had a meeting yesterday with Councilman Crone and Mr. Williams from the Water Sewer department as well as Mark Boswell. Mr. Keitzman said concerning the money being paid, Mr. Boswell is preparing invoices now so that the surveying and engineering will be paid long before anything happens. He said initially they were going to do it in stages but they had someone come forward with property that wanted to be included in the project. He said when the updated survey is done to include those additional properties the engineering will be paid for at that time and no bond will be required. Mr. Hughes said he was not at the Water Sewer committee meeting so all of this is news to him and he needs an update on what was discussed. Mr. Wolff asked if Mr. Keitzman and the other owners were going to contribute to the actual infrastructure. Mr. Anderson said there is money in the budget for this project. Mr. Wolff said he understood that we had $80,000 and it would take $230,000 to take it across the road but that included the lift station. Mr. Williams said the city does have money for the cost share program and they had determined that a lift station would not be necessary which cut the cost significantly. Mr. Williams said the City is looking at doing this project in phases instead of all at one time. Mr. Wolff asked if the cost would be shared with the Developers. Mr. Williams said yes. Mr. Hughes said he wants an agreement drawn up saying exactly what the developers will pay and what the city will pay. Mr. Crone motioned to approve the preliminary plan for the major subdivision contingent on the Water Sewer Cost Share Agreement being drawn up and signed by all parties; Mr. Wolff seconded the motion but asked that the Tree Survey recommendations be included with the contingency. Mr. Crone agreed. Mr. Pearce commended Mr. Keitzman for the tree survey including having the mitigation noted on it. The vote was unanimous. Council Minutes Page 9 of 17 Mr. Crone said the Committee had agreed to waive the $2,000 tap in fee for the people contributing to the Engineering on this project. Mr. Hughes said he would work on the Agreement and bring it back for Councils vote next meeting. *** Mayor Pro Tem Sessions opened the meeting for a Special Review to expand the parking lot for Mike Hosti at 1107, 1109 & 1111 Butler Ave (Tybee Market). She said they had received a letter from the applicant asking them to table this petition until a later date. She asked if anyone had anything to say about the petition. Ms. Tsoulos said she could give them the information from the Planning Commission. Mr. Hughes said Ms. Tsoulos will have to give the information again in June when this comes up again. Ms. Tsoulos said this expansion would take place in the R-2 Zoning district and that is the reason a Special Review is required. She said Planning Commission had voted to deny the petition. Mr. Jimmy Brown read the letter he submitted to Council, asking them to deny this petition. He lives at 1101 Lovell Avenue. He feels it is further intrusion of commercial property into a residential zone. He said poor planning was the reason for the inadequate parking that exists now. He feels that the rights of the single family homeowner should prevail. Gloria Leonard of 1103 Lovell Ave. also opposes the petition. She said the Market used to run East & West and was a quaint little market that was there when she bought her house. It did not have a dumpster in the right of way at that time it was contained in the lot. There were no trucks or concrete back there. It was an unobtrusive little market. She said there is already too much traffic on that street. She asked that Council uphold the decision of the Planning Commission. Gerry Hollingsworth said she is mad and she feels like she is on Montgomery Street in Savannah with all the car doors slamming and kids screaming. She said the trucks wake her up at 6:00 in the morning so she has to go to sleep earlier at night. She doesn’ t want to sit on her porch and watch people slamming doors and buying their groceries. She thanked the Planning Commission for voting against the petition. Camille Ward said she moved down to the 1200 block of Lovell Ave. in 1972 and things were different then. There weren’ t but about 1500 full time residents on the island. She said it was different when Judge Oliver would sit on his porch and watch the cars. She said the concrete at the corner of 12th & Lovell has been broken up many times as the 18 wheelers try to get around that corner. Ms. Ward said they have to continually pick up trash from their yard and would like to see a wall go up the width of the building on Lovell. She said she would like to see the deliveries handled in the front on Butler Avenue. She requested that Council deny the petition. Rusty Waters owns a house at 1103 Butler and there is a vacant lot between his house and the market. He said Mr. Hosti probably does need to expand the parking lot but as many times as he has been to the Tybee Market, he has never once seen the third cash register occupied. He said he had gone in there tonight and there were 5 people in each line and the third register was not opened. He said if it were his business he would have a third cash register and be moving people in and out of that parking lot. Mr. Waters said Mr. Hosti would be better served by hiring a 3rd cashier and moving people out of the parking lot faster. Mr. Jim Stone said he is representing Mr. Hosti and realizes there is a lot of passion about this project. He said he wants what is right for Tybee. He is bringing in traffic flow experts and the Department of Transportation to help. He asked for time to let the emotions settle and find the best plan for Mr. Hosti and Tybee. He said everyone agrees they want a market on Tybee and he needs time to do his job. He has respectfully requested to table the petition until June to find the best way to address the growing needs of the Historical Market that has been a family owned business on Tybee for many years. Ms. Williams thanked Mr. Stone for coming to the meeting even though he had just flown in from California. She asked Mr. Stone if he had information concerning the pallet of curb stops Council Minutes Page 10 of 17 that had been delivered recently to the market. Mr. Stone said he had been out of town and had no knowledge of the curb stops and it would not be within the realm of his association with Mr. Hosti. Mayor Pro Tem Sessions said the Petition would be re advertised for a Public Hearing in June. *** Mayor Pro Tem Sessions said this hearing is concerning entering into an Intergovernmental Lease Agreement with the Recreation Authority for the Campground. She said they would not be voting on the agreement tonight but a public hearing is required three weeks prior to entering into this agreement. We will vote on it in May. There has been a lot of inaccurate information going around and Council wanted to give the correct information to the public. Ms. Fox explained that this purchase was in keeping with the Master Plan for parks and trails and additional lots with the nature trail will be acquired with purchase. Also there will be a new park built on 19th street and donated to the city. She said this property sits between the Police, Public Works and the Water Sewer Plant. It will be an ideal location if we should need to expand the Water Sewer Plant in the future. If we maintain this property as a campground we will not be increasing the demand on Tybee’ s infrastructure and the property can remain forested. Campground management companies have been solicited and the Bid documents to retain professional management will be prepared. The Mayor and Council have sought and received Legal Council regarding this purchase. She said 88% of our tax dollars go to Chatham County and only 12% stay here on Tybee. We are giving up very little in property tax dollars in this acquisition. If the land had been developed the property tax on 31 $500,000 homes would have been $25,000 per year. The potential tap in fees and aid to construction would have been $127,000. From all the other development on Tybee the tax digest grew 20% in 2005 and we expect an additional 15% growth in 2006. This was the only opportunity to purchase the campground before it was developed. Each year the property values have increased and the new construction has added to the tax digest. After the 2003 and 2004 enactment of the Tybee Homestead the mill age rate was lowered again and even after that the net tax levy increase in 2005 was $265,000. While doing financial assumptions we used 122 spaces and 35% occupancy with additional fees for hookups. The daily and weekly rates were pulled from the campground website and the occupancy rate was analyzed. The lease payments of $554,000 a year would be made to the Recreation Authority over 20 years. The lease would be constructed so that an early payoff could be made if funds become available. The lease payments are equal to 1 ½ mils. As the bonds will be backed by the full faith and credit of the City of Tybee in a worse case scenario the City would have to raise the mil age rate slightly to make payment. Ms. Fox showed a slide with the 1 mil effect on property owners with $200,000 value or over noting that after federal taxes the amount would be reduced even further. The campground enhances compliance with the guidelines that mandate public assess to the beach that must be met in order to be eligible for Beach Renourishment and saves a family friendly vacation destination as well. If the City was unable to afford or maintain the property or unwilling to make the necessary sacrifices to pay the annual debt service, this is a tangible asset and can be sold. Mr. Wolff said he wanted to emphasize the fact that if we ever do have to upgrade the Water Sewer Plant, this is the only adjacent property that could be added to it cost effectively. If we had to do that after homes were built on that property and then condemn them based on the growth needs of the island, it would be a devastating expense with no benefit to the people. Another benefit assuming we keep it 20 years is, it will generate significant revenue for the city that we can use for other projects. It is a long term investment and everyone on the island will benefit and their kids will benefit from this purchase. He said it was a no-brainer for him. Council Minutes Page 11 of 17 Mr. Pearce said that the Tourism Council has been discussing Eco-Tourism and the desirability of increasing eco tourism. He said birders and other eco tourist spend millions each year. He said the campground is adjacent to significant birding areas on the beach and right across the street there are some city streets we are trying to set aside as nature preserves. He thinks this will enhance the tourism dollar coming from birders. He said the revenue it will generate in terms of tourism dollars once the birding habitat is in place will be significant. Mayor Pro Tem Sessions thanked Jan and everyone for putting that presentation together and she told the public that the Council is not perfect and doesn’ t have all the answers but the whole idea of 7 acres belonging to the city was incredible. She doesn’ t think there are seven acres in little pieces all over the island that the city owns. She said the Council will keep the public updated and informed as they go forward with this process. Mr. Henry Levy said this is an absolutely magnificent win win situation and he congratulates each person that was involved with this process. He congratulated City Council for making this purchase and moving so fast. He is sure it will be a wonderful success for Tybee. He thanked the Council personally. Mayor Pro Tem Sessions said that the whole Council was 100% behind the purchase. Ms. Freida Rutherford said she has served on the Beach Task Force for the last five years but she came as an individual and not representing the group. She said prior to being on the Task Force she was on a beach committee at Savannah Beach and Racquet Club for 2 years with prior to that with concerns for North Beach. The Beach Task Force meets monthly with representatives from the Corps of Engineers, The Ga. Port Authority, Ga. Department of Natural Resources, Tybee Mayor and Council Members and significant others as the topics change depending on what is relevant. Our charge is to promote Beach Renourishment, Preservation and maintenance, the prevention of shoreline erosion and to serve as a consulting committee on shoreline issues and lobbying for beach projects. If the section west of the North Federal Groin near the lighthouse is to ever be included in federal beach renourishment projects it must have public access and parking. The task force regularly does battle with the Corps of Engineers because they regard the North Beach as mostly private without public access and parking thus there is no federal interest in it. She said their defense has been to point at the campground and the beach access on Polk Street with limited parking. Ms. Rutherford handed Council a copy of a memo that Lou Off had written to the City in 2002 recommending that the city purchase property at the corner of Bay and Polk Streets to insure parking for beach access. Hopefully Public Works and the Campground can be reconfigured to include beach access parking. She said the purchase of the campground by a developer would only have strengthened the Corps argument that North Beach is mostly private. She said this is a very serious issue but they are sure thanks to the actions of council that they will get North Beach included. She said insuring access to the beach is just one of the many good reasons for this purchase. Mr. John Major said he and his wife are property owners and residents of Tybee Island. He said last fall the registered voters went to the polls and elected this Mayor and this Council. During that election process there were a lot of things that were said and I took a look back at some of them. He said Ms. Doyle had said the city needed to purchase property to insure adequate green space and she also said we need to put aside personal agendas and work together for the betterment of our island community. Mr. Pearce said we can’ t by ourselves support the beach renourishment without funds from the county, state and federal government and this supports that activity. Ms. Sessions said the Master Plan has been ignored too long and we are seeing the consequences and paying the price of expansion without adhering to it or revising it as appropriate. Ms. Williams said the preservation of green space aids in the reduction of drainage problems associated with development. The preservation of green space will preserve aesthetic features of the landscape and provide the free flow of air and light. Mr. Wolff said Eco-Tourism is our best bet for economic growth and we definitely have to manage the growth and protect the Council Minutes Page 12 of 17 green space that we have left. Mr. Crone promised that he would improve our quality of life through infrastructure improvements and environmental projects. Mr. Smith said we could insure adequate green space by following the Master Plan. Mayor Buelterman said the more green space the better; if we have a funding source we can certainly acquire land as use for green space. Mr. Major said he sees this purchase as Council moving to deliver what the said they would do. He believes that Council is acting in the citizens’ best interest and he supports their decision. Mr. Dave Postle said he and his wife Sandy have lived on the Island for 3 ½ of the happiest years in his life. He hopes to live here another 30 years. He congratulated the Mayor and Council for being able to come to grips on a very important issue and quickly doing some deep seated home work and making a decision that will move this island forward. He agrees the campground purchase is a win win proposition. He also supports Councilman Crone in saying sometimes the public sucks because he said sometimes we do however on this one I don’ t think we are. He said the campground supplies a means for people to come to the island that cannot pay the high room rates. He said they have to make the island available for people less fortunate than themselves. We need to thank God for the blessing we have and share our blessings with those that do not have as much. He feels honored to support a group that shares that philosophy. Ms. Sandy Postal said she agrees with almost everything that has been said. She said she supports and commends the Council for being forward thinking and trying to keep this large amount of green space available for tourist and campers along with Tybee residents so they can enjoy it for years to come. A resident of Dogwood Avenue said she supports council in this for the many reasons that have already been stated but also because keeping it a campground preserves our natural environment. It also increases Tybee attraction as an eco tourism destination that will increase business revenues. It will also attract grant money. We need to preserve our natural and cultural assets on the island and purchasing this and operating it as a campground is a step in the right direction. We need to plan for our future and this is a good step. Mr. Jim Kluttz said he has concerns about this purchase but said they finally have a city council willing to take a risk on the future and do some long range things and he applauds Council for that. He said he is looking at the impact of this not only on this council but on future councils because we have a parking problem that we all recognize. We are looking at Tybrisa and the Strand and a lot of other major money projects that this island needs. He asked if buying the campground will effect what they do regarding the other needs on the island. He thinks that needs to be a part of their discussion because as good as it is you can’ t look at it by itself you have to look at the overall picture on what you can do. He said four years ago people thought they were doing something good for the island and built a gym but he doesn’ t know if it is really being utilized or has been as beneficial or worth the money that was put into it. He said he gets nervous when people say we are going to operate this and it’ s going to pay half the debt service. We hope it pays more than that but he thinks they need to know what it will cost the average tax payer. Mr. Crone said Ms. Fox had done a very good job of explaining that earlier. Ms. Williams said regarding Mr. Kluttz’ s concerns, they would be looking at a variety of funding sources including grants that they will share with the public after they go through the details. She said as far as the funding source through the Recreation Authority those funds would not be available for a parking deck or to revitalize Tybrisa. Mayor Pro Tem Sessions said that Jan Fox is available to answer questions like Mr. Kluttz’ s. Mr. Bill Griner lives at 1 Fort Avenue which is directly across from the entrance to the campground. He said he thinks it’ s wonderful that Tybee wants to keep something for the underprivileged people that pull in with a $300,000 RV pulling a $45,000 SUV. He said he feels sorry for those folks because they can’ t afford a hotel room. He said he thought Tybee had just built a parking area for beach access on the corner of Fort and Van Horne. He asked Council to Council Minutes Page 13 of 17 think about what they are doing, getting into the business of business. He asked if that was the business of the city. He also asked if the expense of a management company had been figured in the cost. He said regarding Mr. Wolff saying they could open the pool up for the public. He said public pools have to be certified monthly and meet some standards and he said he guesses that the people would park at the beach access parking lot. He asked Council to re consider what they were doing because of the amount of money he was not sure if it was the right thing to do. Mayor Pro Tem Sessions said regarding the pool being open to the public; that was Mr. Wolff’ s personal opinion and not that of City Council. Ms. Rachel Perkins said she knew the campground well because of being hired by Bobby Chu to do an environmental survey of the property. She said she arrived on Tybee in 1988 and there was an empty camp at the end of Lewis Avenue and they had the good fortune to fill it with children as an environmental education program. She said the potential of the campground has not even been realized and goes beyond what has been expressed here. There is a potential to serve a lot more youth groups especially in the winter months. She thinks 80% occupancy is a closer estimate. She said there are wonderful facilities for meetings and she hopes local people would be considered to receive bid packets for management considering not only their management potential but the programs they might start to optimize the use of the campground. She thanked Council for purchasing the campground. Mr. Wolff said along the lines of a management team he believes they should try to make a contract that is profit motivated meaning the more someone makes out of the campground the more they will make in bonus money. That would be an incentive to help the city make more money from the property. Ms. Sandy Major said she and her husband own 4 pieces of property on Tybee and are concerned as tax payers but they feel that this acquisition was in the best interest of property owners on Tybee. She said if Tybee has followed its Master Plan they would not be in a position of needing to purchase green space. She quoted from the master plan the responsibilities of the Planning Commission to study and update it and base their recommendations on it. Somewhere along the line someone failed and that did not happen so she is proud of this Council for taking this action now to preserve this green space and all that it stands for. We have a Council committed to making this acquisition work to benefit everyone that lives on Tybee. She quoted Henry Ford saying “If you think you can do a thing or if you think you can’ t you’ re right”. If we put a lot of negative effort into this we can doom this project. However we have a choice and that is to work proactively and synergistically with Council. I hope we can put our personal agenda’ s aside and work together to make this a wonderful asset for Tybee Island. Ms. Ann Miller asked Council about the lots the City is receiving on 19th Street as part of the campground acquisition. She asked how many lots they got and what they were going to do with them. Mr. Hughes said there is a lot on 19th Street with another parcel to be added. He said there were also several on Chatham Avenue to be added that abut the Nature Trail. He said these were actually donated lots as far as the overall transaction. Mr. Pearce said they are getting some property to add to the Sally Pearce Nature Trail. Mr. Wolff said regarding the property on 19th Street there are plans to put in a public restroom to serve the Back River area. *** Mayor Pro Tem Sessions closed the Public Hearings and said that the New City Manager, Diane Schleicher will be here May 6th but will not start working until May 10th. Mr. Hughes said there has been discussion of not having her start on the day before a Council meeting. Mayor Pro Tem Sessions said Ms. Schleicher is tough and she will handle it. *** Council Minutes Page 14 of 17 Ms Williams motioned to hire Vivian Woods as the Clerk of Council, Mr. Wolff seconded, and the vote was unanimous. Mayor Pro Tem Sessions thanked Ms. Woods for helping while they have been without a clerk. *** Mr. Hughes introduced the Text Amendment regarding poling places. He said while the renovations are going on at the Guard House the ordinance needed to be amended to include other locations as poling places proposed as Section 225. It keeps the Community Center as a Poling Place but allows another location be designated by the Election Superintendent or the Board of Elections. Ms. Williams motioned to approve, Wolff seconded, and the vote was unanimous. *** Mr. Hughes said Mr. Crone had asked him to prepare something that would allow the Aid to Construction fees that are currently designated only to be used for wastewater treatment improvements, be expanded so as to permit the use for extending the water system of the city including improvements necessary in the Ft. Screven area. Section6-110 Section C. Mr. Hughes read the ordinance. Mr. Wolff motioned to approve, Mr. Pearce seconded, and the vote was unanimous. *** Mr. Hughes said the next amendment to add section 2-6-10 to the code of ordinances was the Ethics Advisory Board that they had discussed at the last two meeting. It has been put into the appropriate form for adoption of an ordinance and will allow Council to go ahead and appoint members of the Ethics Advisory Board. He said this was a good step toward the anticipated overhaul of the existing ordinance. Ms Doyle asked if Mr. Hughes had edited the paragraph he was concerned about at the previous meeting. Mr. Hughes said it had been deleted but he anticipated that the Advisory Board being charged with assisting in the preparation of the new ordinance as a long term goal will put that paragraph back in at some point. He said when you get into legal issues it is the advisory opinions and the delegations of authority that raise all the flags and disclosure issues too. He said it will all be handled in the final product after you get the Board established and charge them with the responsibility to do that. Which is preparing the overall ordinance and establishing qualifications of members and what they are charged to do? He said when the Board is established there will be changes that will have to be made to the ordinances including the City Attorney acting as the Boards Legal Advisor. In the final ordinance you can’ t really do that because it would be an inherent conflict for the City Lawyer to be representing the Board that may be making recommendations on Council members that I represent. Ms. Williams motioned to approve for 2nd reading, Mr. Pearce seconded, and the vote was unanimous. Ms. Williams said everyone on Council was asked to come up with a name of someone to serve on the Ethics Advisory Board. Ms Williams recommended Linda Gladdin Mr. Pearce recommended Roma Harper Mr. Crone recommended Lynn Hamilton Mr. Wolff recommended Ann Miller Ms. Doyle recommended Randi Bryan Council Minutes Page 15 of 17 Mayor Pro Tem Sessions said she would give her recommendation at the next meeting along with Mayor Buelterman. Mr. Wolff said it would be nice if they could find a lawyer to serve on the committee. Ms. Williams motioned to approve the committee members as recommended, Mr. Crone seconded, and the vote was unanimous. *** Mr. Wolff said he had a meeting with people from the DNR and the EPD about what is currently allowed in the buffer. We have an ordinance that is cutting edge and allows no construction, herbicides or landscaping in the 25 foot buffer that is delineated by the DNR. He said he had spoken with Jeannie Butler and she thought she could get us some grant money to have Tybee set up as a model ordinance to research exactly what should be allowable and what definitely should not be allowed. He said this would work with people to give them options on what they could. Mr. Pearce said the University Of Georgia Institute Of Ecology would be the appropriate agency. Mr. Wolff said he did not know who she had contacted. Ms. Doyle said she doesn’ t have a problem letting other people study and develop an ordinance but she wants to be sure it will have to come to Council for a review and a vote Mr. Wolff said they would make recommendations only and they could completely reject it if they wanted to. He said by May 31st they will have a draft ordinance to review based upon their input and he suggested they put it online on the City Website for public comment. They would have a final proposal by July 15th and a draft guidance document by August 15th and a final form by September 30th and they will print and deliver the guidance document by November 1st. Mr. Wolff motioned to approve, Ms. Williams seconded. Mayor Pro Tem Sessions asked that this be an action item to get Mr. Smith or Mr. Anderson to put this online. Mr. Crone said there are a wide variety of people that Council has to please. Mr. Wolff said he understands that but his personal concern is development not have a negative impact. And the vote was unanimous. *** Mr. Hughes said he had added Mother’ s Day to the Private Parking regulations but after talking with Mr. Anderson and Ms. Conaway, they preferred it the way it was initially and it does give staff a good bit of discretion. He said the last paragraph was the hardest where it would leave it up to Ms. Conaway as to whether it is time to open them up. He said there will be issues in trying to administer this as to which properties will be appropriate. Mayor Pro Tem Sessions asked who would make that call. Mr. Hughes said staff would. Mr. Crone said he believed they needed three people involved and they were the City Manager, Zoning, Parking Services and the Police Chief. Mr. Anderson said all business licenses have to be approved by Zoning. Ms. Doyle said she feels they are opening a can of worms and thinks more thought needs to go into this decision. Mr. Wolff asked if they could put that the City has the right to withdraw the permit if there is a nuisance generated by this private parking lot and the business license fee refunded. He said we don’ t need to negatively impact the neighborhoods but they do need to do something about parking. Mr. Hughes said they could make it like a revocable license like crossovers and such. Mr. Hughes said on the weekends they are talking about the residential neighborhoods are heavily impacted anyway. Ms. Doyle said there are enough problems in the residential neighborhoods and this will make it worse. Mr. Bargeron said the biggest problem they have with this is the person that has a lot that would fit 15 or more cars and what would happen when it was filled up and all of a sudden the City right of way gets sold. He said that is what happened before they started selling the city right of way and parking came and issued citations and a gentleman came up to us, Mr. Bargeron and 2 Policemen, and he said he had paid to park there. Mr. Bargeron asked who he paid and he pointed Council Minutes Page 16 of 17 out the person he paid and Mr. Bargeron sited him too. He asked if Zoning would request a survey or be required to show off street parking spaces. He said they had discussed none of those things and even though he sees a need for parking he said someone will be left out and he feels its being rushed into. Ms Williams said it seems that this was brought up a year ago. Mr. Hughes said it was and he had written it then and it seemed that it had gone to the Planning Commission. Mayor Pro Tem said it probably didn’ t get on the action item list. Ms Williams said she feels Council is doing a disservice to people when they come and request something and Council agrees to look into it and a year later it hasn’ t been decided. Mr. Wolff said when they come in for a permit there needs to be specific guidelines for getting the permit and they agree to park people only where it is shown on the plan. Mr. Bargeron said take 4th of July for instance and this Island is very forgiving on that holiday allowing people to park all in the right of ways. There will be someone that has a permit to park cars and he will be upset that cars are being allowed to park outside of his lot. Mr. Barry Brown said he believes they would be allowing a commercial use in a residential zone and setting precedence. Mr. Hughes said this brings to mind the Masters in Augusta and everything becomes a parking lot for that week and if you can remember the Coastal Empire Fair those surrounding property owners made good money that week. It is not meant to be a permanent thing where someone would have weekend parking rental. It would be limited to the specified days or when the Parking Director authorized it. He said Council should get information from staff regarding what should be required. Mr. Anderson said they require surveys for commercial parking lots now. Mr. Pearce requested that they postpone a decision and allow staff to come back with recommendations. Mayor Pro Tem Sessions commented on Mr. Brown’ s statement and said there were already commercial uses in all the residential areas that the Council never stepped in and took action on. She said renting out homes and apartments is a commercial use in residential areas. She said there are lots on Butler that could help alleviate some of the parking pressure. She said to put it on the Action Item List. Ms. Williams asked Mr. Anderson how long it would take for his staff to make an assessment and come back with a recommendation. He said they could have it the next meeting *** Mr. Pearce motioned to go into executive session to discuss Personnel, Litigation and Real Estate, Mr. Wolff seconded, and the vote was unanimous. *** Mr. Wolff motioned to go into regular session, Mr. Pearce seconded, and the vote was unanimous. *** Mr. Wolff motioned to Adjourn, Mr. Pearce seconded, and the vote was unanimous. ______________________________ Mayor Jason Buelterman _______________________________ Clerk of Council Vivian O. Woods Council Minutes Page 17 of 17