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HomeMy Public PortalAbout20070222TybeeCouncilMins2007-02-22 City Council Minutes Mayor Buelterman called the Consent Agenda meeting to order at 6:30 PM on February, 22, 2007. Council members present were Sessions, Crone, Wolff, Williams, Doyle and Pearce. Also attending were City Manager Diane Schleicher and City Attorney Bubba Hughes. Mayor Buelterman and Council listed the Consent Agenda items as: St. Patrick’s Parade permit-March 10, 2007 with waiver of fees as requested. Re-lighting of Cockspur Lighthouse Ceremony-March 18, 2007 with waiver of fees as established by City Manager. Denial of Request to purchase right of way-Hansboro Land and Conservation Grant for Battery Halleck pending agreement w/Chatham County. Consent Order from Department of Natural Resources for $1,000 One Day Alcohol Permit for Savannah Pride, Inc. July 28, 2007 One day trip to Washington, DC for Mayor to attend the American Shore and Beach Preservation Association Annual Conference in March. Resolution for Tybee Theater State Funding Other items mentioned during the agenda meeting were; pursuing asking the DNR to consider having “Coastfest” activities at Tybee Island at least every other year. Mayor Buelterman will contact officials to make request. Also added to the Action Item list was generating a report to give to State Officials during the GMA Conference in Savannah regarding what Tybee has done with Federal and State Funds and also hosting a small reception during the conference. Mayor Buelterman, Shirley Sessions and Vivian Woods will coordinate reception while Diane Schleicher compiles a report on DVD. Mr. Wolff requested including the Economic Impact of the beach in the report. Mayor Buelterman closed the Consent Agenda. Mayor Buelterman called the Regular Meeting of the City Council to order on February 22, 2007 at 7:00PM. All City Officials present for the Consent Agenda were still in attendance. Mr. Hale Bishop of Trinity United Methodist Church gave the Invocation and everyone recited the Pledge of Allegiance. Mr. Robert McCall of the Georgia Department of Transportation gave a report to council regarding safety concerns on Hwy 80. He said the guidelines they use do not allow the installation of speed tables on US 80. He said they could allow four lanes with two lanes of traffic and a center turn lane with an Island for safety. Mr. Wolff asked if they would consider a median with Palm Trees. Mr. McCall said the repaving of Butler Avenue is set up for June, 2007. He said that is all subject to change. Mr. Glenn Durrence an Engineer with DOT said budget constraints are limiting projects. Ms. Sessions said the City is looking to DOT to partner with them on addressing safety. Mr. McCall said the DOT started working towards signage for the crosswalks on Butler but the whole speed table question came up so they were put on hold. Ms. Sessions asked what DOT could do about slowing traffic on Hwy 80. Mr. Durrence said they can look at enhancing the crosswalks by using bricks or something similar but it will still take enforcement. Ms. Doyle asked about the lanes on Hwy 80 coming onto the island that do not contain meters. She asked if they were considered emergency lanes. Mr. McCall said if it doesn’t block site distance and the lane is wide enough or it serves a business then they would allow parking. Page 1 of 7 Ms. Schleicher asked about a potential date for four laning the highway from Lazaretto. Mr. Durrence said the schedule is past 2010. He said it being scheduled sooner will depend on the funding issue. Mr. Edward DiTommaso of Integrated Science and Engineering outlined the Community Participation Plan for the Master Plan. He said they will conduct mail outs, have an open house and have stakeholder meetings from March through August. He asked council to pass the Resolution to accept the assessment plan giving them permission to conduct the community assessment and participation plan. Ms. Linda Gladin gave an update on the Ethics Advisory Board. She said their goal is to have 1st Reading of the ordinance at the May 14th meeting. John Major gave an Audit Committee Report. He said we received the Audit Engagement Letter on January 12th from Mauldin and Jenkins. He requested Council’s approval of the letter. He said the auditors will be on site March 19, 2007. He said several members of the audit committee will meet with the auditors between 5:00 and 6:00 every evening to make sure they are receiving the information as requested from the city. He said that will insure a smooth audit with no surprises at the end. Keith Gay gave an update on the Economic Development Committee. He said their priorities are transportation, parking and signage. He said their primary concern is transportation to the island and around the island once you’ve arrived. He said there is a program available with Chatham Area Transit that we may be able to participate in. He said both options have the capacity to help with parking and traffic issues as well as delivering benefits to the business community. He said the committee is requesting a letter of endorsement to the local legislative delegation. He asked for the Mayor’s support to get the ball rolling on both issues. Mr. Gay said the committee would also like the Council’s support in requesting authority to develop a Downtown Authority from our local delegation as well. He said their request is to implement a bed fee onto the Hotel Motel tax to finance the request without cost to the community. Mayor Buelterman said he would send a letter to legislators asking if it is feasible to have CAT services without having a CAT Tax on Tybee. He said he would also find out if the bed fee surcharge is considered a Hotel Motel tax increase. He said the City Council should make a decision regarding having a Downtown Development Authority or not. Sandy Major gave an update on the Tybee Neighbors. Bill Cannon announced the Tybee Beautification adopt-a-highway on Saturday February 24, 2007 at 9:00AM. Jimmy Burke asked Council’s permission to have a St. Patrick’s Day Parade on March 10, 2007 and requested to have fees waived. He also requested permission to bring the Clydesdale Horses to Tybee on the 15th of March. Charlie Fenwick Superintendent of Ft. Pulaski announced the re-lighting of the Cockspur Lighthouse with a Solar Light on March 18th. He requested the city waive all associated fees. Elizabeth Johnson of the Marine Science Center announced the annual kayak race fundraiser on May 19. 2007. Mayor Buelterman opened the Public Hearing on possible legislation to change the terms of elected officials. He said the proposal is for two year staggered terms so that every two years Page 2 of 7 there would be an election for three candidates. He said the Mayor would serve a four year term. He said the other proposal is for candidates to run for seats. Tom Sullivan spoke in favor of having the candidates run for seats. Rachel Perkins spoke in opposition to four year terms. She said the two year system works very well. Ann Miller spoke in favor of four year terms. She said the two year system is antiquated. Sandy Major asked that everyone participate in the mini survey being conducted by the Tybee Neighbors on their website. She said one participant recommended contacting the GMA and asking for their professional recommendation on which election cycle is best for Tybee. David Postle spoke in favor of four year terms. He said four year terms would give us consistency that we are lacking in having two year terms. Ron Callaway spoke in favor of having a seat referendum for two or four years. Pam O’Brien asked that the recall process be looked at also. Wanda Doyle said she e-mailed someone at GMA and their response said this was something we had to decide as a city. She said we have all the options before us. Mayor Buelterman read a letter from former Mayor Pat Locklear recommending we contact GMA to get their professional opinion on what would be best for Tybee. Mr. Pearce moved to approve the Resolution for four year staggered terms with top three candidates having four year terms, Ms. Williams seconded and the vote was five with Pearce, Williams, Sessions, Doyle and Wolff voting in favor to one with Crone voting in opposition. Mr. Hughes read the Resolution stating the referendum would be for the upcoming election in November. He said it would have four year staggered terms listed for Council and include a four year term for the Mayor. He said the three Council candidates receiving the most votes would be elected for four year terms with the remaining three candidates elected for two year terms. He said during the election of 2009 there would be three seats for election and thereafter all seats would be for four year terms. He said it also authorizes the Mayor to make changes if needed to achieve that intent. Ms. Schleicher presented the YMCA contract with Budget Adjustments. She said they will be a vendor of services for recreation programs. She said they will provide free memberships to all Police and Fire Department Personnel. She said they have adopted an operational guide on how we use the different services but it can be amended as needed. She said the new contract allows greater access to the Gym. She said the city will handle all special events concerning scheduling the Gym. She said the YMCA will be flexible for use of the Gym during large events. She said the budget adjustment also includes acoustical drapes for the cafeteria. Ms. Williams asked for staff to look into other options instead of drapes because of maintenance issues regarding dust. Ms. Schleicher said she would change the drapes to acoustical material and investigate options. Ms. Sessions requested a time be stated on when the YMCA will provide Financial Statements. She said it should say specifically monthly or quarterly. Ms. Sessions also requested Board Member Names and contact information. Ms. Sessions asked about the Salary and Workers Comp for the Director. Ms. Schleicher said the information was to show where the YMCA is spending their money. The contract explicitly says that YMCA employees are not city employees. Mr. Hughes asked for the city to be listed as additional insured on the YMCA Policy. Jan Fox explained the requested change of the Campground from the General Fund to an Enterprise Fund. She said it is very difficult to record the Campground transactions. She said it made no accounting sense to not set up an asset considering we have spent seven million dollars on the campground. She said she had spoken with the auditors and convinced them that the campground should be an enterprise fund. She said the budget adjustments reverse all of the transactions from the general fund and move the budget and reconstruct 2006 as an enterprise fund. She said the difference is the general fund is accounted for on a cash basis; meaning you would have a large seven million dollar income and a large seven million dollar expenditure; then Page 3 of 7 it would wash and you would never set up the asset. In an enterprise fund your accounting as if it were a business which it is. She said you set up your asset and your debt; as you make lease payments you would reduce your debt, expense your interest and show a profit or loss. She said it will take approximately ten years to break even; each year our principle payments will increase and our interest payments will decrease. She said eventually the enterprise fund will start contributing back to the general fund. She said the principle payments on the debt start at $210,000 this year and increase approximately $20,000 a year for twenty years. Ms. Williams asked if any profit could be applied to the principle. Ms. Fox said there is a ten year call on this lease where no additional money can be applied to the principle without a penalty. She said it makes more sense to put it into an account and earn interest for the first ten years; after that the money could be applied to the principle to retire the debt sooner. Ms. Doyle expressed concern regarding an increase in the millage rate. Ms. Fox said if we are not able to make the lease payments we would have to increase the millage. She said that was expressed in the early meetings concerning the purchase of the campground. She said however we are in the third week of February and we’ve brought in $70,000 at the campground and it is packed with people. Ms. Doyle commended Mr. Woody Hemphill on his enthusiasm and success at the campground. Ms. Schleicher presented the Sand Management Plan with one minor change under best management practices, section 6. She said it should read that relocation cannot occur within 100 feet of the designated shorebird and seabird, nesting, feeding or resting area or designated critical habitat. Ms. Sessions asked about the speed tables listed on the action items list. Ms. Schleicher said the speed tables are scheduled to be installed on North Campbell and Meddin in a couple of weeks. Ms. Schleicher said Mr. Wilson is looking at putting in a speed hump on North Campbell constructed of recycled material and it is removable. She said the one in front of the Lighthouse is more of a pedestrian crosswalk that’s raised. She said it will be a permanent structure. Ms. Schleicher assured council the speed hump on N. Campbell will have a smooth rise. Ms. Doyle announced a joint workshop between Council and Planning Commission members on March 5th. She requested questions be submitted so that she can generate an agenda. Mr. Crone moved to approve the YMCA contract, Mr. Pearce seconded. Ms. Sessions requested the city be listed as additional insured on the policy. Mr. Crone and Mr. Pearce agreed to amend the motion to include the request. And the vote was unanimous. Mr. Wolff moved to approve the Resolution to send the Master Plan to the MPC, Ms. Williams seconded. Mr. Wolff clarified that this step is to get the public input started. He said there will be a lot of opportunity for public input. And the vote was unanimous. Mr. Pearce moved to approve the Clydesdales being allowed to come to Tybee on March 15, 2007, Mr. Wolff seconded. The vote was 5 with Pearce, Wolff, Williams, Sessions and Crone voting in favor and Ms. Doyle abstained due to her involvement with the Parade Committee. Mr. Pearce moved to approve the Consent Agenda, Ms. Williams seconded. Consent Agenda items were: St. Patrick’s Day Parade on March 10, 2007 with request to waive fees. Re-lighting the Cockspur Lighthouse Ceremony on March 18th with request to waive fees. Page 4 of 7 Land and Conservation Grant for Battery Halleck Consent Order from the Department of Natural Resources for $1,000 and to spend the additional $2,000 on safety equipment. One Day Alcohol Permit for Savannah Pride, Inc. on July 28, 2007 Approval for Mayor to make a one day trip to DC to attend the American Shore Beach Preservation Association Annual Conference. Resolution for Tybee Theater State Funding. Deny the Hansboro request to purchase City Right of Way. The vote was unanimous. Mr. Crone moved to approve the 2006 Budget Amendment, Mr. Pearce seconded, and the vote was unanimous. Ms. Williams moved to reverse the Campground 2006 Budget from the General Fund. Ms. Sessions seconded and the vote was unanimous. Mr. Pearce moved to adjust the 2006 campground operating budget to create an enterprise fund. Mr. Wolff seconded and the vote was unanimous. Ms. Williams moved to adjust the 2007 campground operating budget to an Enterprise Fund. Mr. Wolff seconded and the vote was unanimous. Mr. Pearce moved to approve the Sand Management Plan with changes, Mr. Wolff seconded. And the vote was unanimous. Mayor Buelterman asked for a motion concerning the resolution to set up an ad hoc committee to study a public safety facility. He requested that an ad be placed on the cable channel and the web asking for applicants. He said there would be five people on the committee and council would choose from the applicants. He said they will make their choice during the second meeting in March. Mr. Wolff moved to approve the resolution, Ms. Williams seconded and the vote was unanimous. Mayor Buelterman requested that CEMA come out and test to make sure everyone on Tybee Island can hear the warning system. He said especially on the beach. He said Ms. Schleicher and himself will meet with Phil Webber. Mayor Buelterman asked for information regarding the list of items determined by council during the workshop to need attention. 1) Flooring in the Public Restrooms 2) Public Showers-Identify locations for foot cleaning and full showers and tile pavers. Mr. Wolff recommended the locations be the Center Crossover at the Northbeach Parking lot and the Gulick Street Crossover as well as 14th St., 15th St., 16th St., 17th St. and 18th St. Ms. Schleicher asked if the Bathhouse at Northbeach should be included and Mr. Wolff said yes. 3) JC Park Improvements-Softball Field- Ms Schleicher has contacted Chatham County to have the softball field spruced up for the season and Mr. Wilson is getting an estimate on repaving the trail. Ms. Schleicher said a bathroom could be added to the Southeast corner of the Northbeach parking lot in the future. Page 5 of 7 Ms. Williams suggested the recreation committee look into having a horseshoe pit at JC Park. Ms. Schleicher said Mr. Wilson added 7 parking spaces at Gulick Street as requested by Council. Ms. Schleicher said concerning the Tennis Court Bid they are trying to get it done before the busy season. Ms. Williams suggested windbreaks along the court. Ms. Schleicher said they are included in the bid. Mr. Wolff said concerning exemptions to the soil and sedimentation ordinance that he had attended a workshop six to eight weeks ago conducted by the EPD. He said he is proposing sending the final version with exemptions under number three and four; so that minor land disturbing activities like home gardens and minor landscaping on single family residences on less than an acre will not have to have certified people working on them. He said this will only apply to land disturbance within the buffer. Mr. Wolff moved to send the latest version of the soil and sedimentation ordinance to Planning Commission. He requested that council get this back as soon as possible. Mr. Pearce seconded. Ms. Doyle asked that the Commission be given the information needed to review the ordinance. Ms. Sessions said that is why they created the routing form to tell them exactly what Council wants them to review and when council wants it completed by. Mayor Buelterman said Ms. Schleicher will take care of sending the form to Planning Commission. And the vote was unanimous. Ms. Williams announced an Animal Ordinance Control Workshop on Monday the 26th at 4:00PM. Mr. Wolff moved to approve the Audit Engagement Letter from Mauldin and Jenkins, Mr. Pearce seconded. And the vote was unanimous. Mr. Wolff moved to approve on Second Reading the Text Amendment to Special Event Structures in C-2. Mr. Pearce seconded. Mr. Wolff said he would like for C-1 to be covered just in case this comes up in the future. And the vote was unanimous. Mr. Wolff moved to send the special event structure ordinance back to Planning Commission to include C-1. Mr. Pearce seconded, and the vote was unanimous. Mayor Buelterman said they are asking the Planning Commission to look at the Special Event Structure Ordinance and see if it is applicable to C-1. Ms. Doyle moved to go into Executive Session to discuss Personnel, Real Estate and Litigation, Mr. Pearce seconded and the vote was unanimous. Mr. Pearce moved to go back into regular session, Ms. Williams seconded and the vote was unanimous. Mr. Crone moved to place Vivian Woods on par with the Class and Comp plan that was approved and make it retroactive until January 1, 2007. Mr. Pearce seconded and the vote was unanimous. Mr. Wolff moved to place Diane Schleicher on par with the Class and Comp plan that was approved and make it retroactive to January 1, 2007. Mr. Peace seconded and the vote was unanimous. Page 6 of 7 Mr. Crone moved to amend the contract with Mr. Hughes to change the hourly rate from $95.00 to $125.00 and to decrease the monthly rate from $2,850 to $2,000 to make the compensation of his work fair. Ms. Sessions seconded and the vote was unanimous Ms. Williams moved to adjourn, Ms. Sessions seconded and the vote was unanimous. _______________________________ Mayor Jason Buelterman ___________________________ Vivian O. Woods Clerk of Council Page 7 of 7