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HomeMy Public PortalAbout20080724CCMINUTESPrepared 8/13/08vw Page 1 of 7 20080724CITY COUNCIL MINUTES Mayor Buelterman called the Consent Agenda to order at 6:30pm. Present were Mayor Pro Tem Wanda Doyle and Council Members Charlie Brewer, Barry Brown, Eddie Crone and Dick Smith. Mr. Wolff was absent due to his attendance at the Governor’s Institute of Environmental Leadership. Also attending was City Attorney Bubba Hughes and City Manager Diane Schleicher. Public Hearing Millage: Mayor Buelterman called the Public Hearing on the Millage Rate to order. Finance Director Bonnie Kline gave a short presentation on the History and Trends of Tybee’s millage rate. Mr. Levy commended council for keeping the cushion of money and requested if enough of a cushion is forthcoming to spend it on the toll road survey. Mr. Postle commended council for considering keeping the millage rate the same. Mayor Buelterman closed the public hearing. Consent Agenda: Mayor Buelterman listed the following items on the Consent Agenda: - Change Order #17 Coastal Grading and Rental, Inc. for Final Electrical Work-No cost adjustment: Cost of work added equaled the cost of items deleted from scope of work in contract. - Proposed Fee for Hydrological Survey of Derelict Beach Structures (Old Sea Wall/Groin near the East Gate Entrance to the Beach) $6,250/Line item #100-6125-54-1402. - City Council Minutes for June 26, 2008 - City Council Minutes for July 10, 2008 - Suspension of the Economic Development Committee in anticipation of selecting a Better Hometown Board in late fall. - Request for out of state travel to Alexandria, VA for Chief Price and Tiffany Desautels to attend a two day seminar at the National Center for Missing & Exploited Children. - One Day Alcohol License for Historic Savannah Foundation-October 25, 2008 @ Lighthouse. - One Day Alcohol License for Sweet Dreams Pavilion-September 13, 2008 at Memorial Park. - Proposed transfer of additional Beach Renourishment Funds $622,000 from line item # 100- 6125-54-1402 to Corps of Engineers to match additional funds of $960,000. - Ask Staff to look into and make a recommendation to council for reverse 911. - Rejection of the Counihan Ante Litem Notice. - Newsboy network Agreement. Mayor Buelterman closed the Consent Agenda. Mr. Brown moved to approve the above Consent Agenda items, Mr. Crone seconded. The vote was unanimous. Prepared 8/13/08vw Page 2 of 7 Mayor Buelterman called the Regular Meeting of the City Council to order at 7:00pm. Those at the Consent Agenda were also in attendance for the regular meeting. Invocation and Pledge of Allegiance: Father Thomas Peyton delivered the Invocation The Pledge of Allegiance followed The following announcements were made: - Mayor Buelterman announced St. Michael’s 60th Anniversary on October 4, 2008. Reports of Officers, Boards, Standing Committees and or invited guests: Clayton Scott of CEMA gave a presentation on Hurricane preparedness and awareness. He said if a category 3 storm hit Tybee it would be under at least nine feet of water. He said his message to everyone is to get out of town and get out of town early. He said plan now for evacuation to determine what you need to take and where to go. He asked that anyone needing information contact the CEMA office. Brian Renner Chairman of the Ad Hoc Public Safety Building Committee introduced John Mendrala of Cogdell and Mendrala Associates to give a report on the Architects findings and recommendation for the Public Safety Building for Tybee Island. Mr. Mendrala said they were asked to look at two sites to determine which was suitable for the public safety building. He said they recommended the Memorial Park location because of its central island location. Mr. Renner said the committee recommended the existing site on Van Horne, Mr. Locklear gave his opposing opinion and recommended a Homeland Security building be built in Memorial Park. He requested council hold a workshop to discuss having a homeland security complex in the center of the island and invite a member of the National Homeland Security Agency to attend to meet with the Mayor and Council and members of the city staff. He said he asked Burke Day to help us get a representative to attend. Mayor Buelterman thanked the members of the Ad Hoc Public Safety Building Committee for their time and hard work. Mr. Henry Levy said he called the other Municipalities in order to determine what they did with derelict vehicles. He said every other municipality has the towing company store the vehicles on their property and there is no reason for us to store ours. He said his other question was about animal control and every other police department calls Chatham County Animal Control. He said for the temporary holding of animals we could put 5 or 6 cages in the sally port. He said we do not have them now and most other municipalities do. He said we hired an outside expert architect that has designed 143 public safety buildings and he recommended the Memorial Park site. He said if we don’t take his recommendation then we were very foolish to hire him. Jennifer Oetgen of Hussey, Gay, Bell & DeYoung gave a presentation on a proposed new water and sewer rate structure. She said they want to ensure the water and sewer enterprise fund operates self sufficiently and ensures funding for the future expansion of the waste water treatment plant as well Prepared 8/13/08vw Page 3 of 7 as promoting conservation of potable water and continue to maintain the quality of services and protection of the environment and comply with Georgia EPD mandated conservation oriented water rates. She said this study is not to make money but to balance the operating expenses and long term debt with the operating revenue. Mayor Buelterman asked for this item to be listed on the agenda for the 2nd meeting in August. Visitors: Cindi Kinkle and ken Carter announced the Friends of Tybee Theater hosting Drive In movies at North Beach Parking Lot. They requested use of the North Beach Parking Lot on July 31, August 21 and September 11th. Mr. Brown moved to approve the FOTT request to use the North Beach Parking Lot on July 31, August 21 and September 11, Mr. Brewer seconded. The vote was unanimous. Jenny Orr owner of Fannies at South Beach said she wanted to thank the council members that helped them get their trash bins back. She said trash in the commercial district is a really big deal. She said the assumption of businesses regarding the compactor was it was in addition to and would help them handle the trash during the 15 weeks that they can’t handle their trash. She said she is not opposed to change but feels it was very poorly implemented. She said the roll carts were left at the condominiums next door so she doesn’t see the benefit to the tourist or taxpayers and there has been no benefit to the business owners. She asked what the 3% liquor tax goes toward in the commercial district. She said when it was passed they were told it would be used to benefit the commercial district. She said the 90 day deadline isn’t attainable without a program. Elizabeth Nelson with Tybee Beautification announced the Tybee Prom at the Legion on Saturday July 26th. She said the theme is the psychedelic summer of love and the band will be Sapphire Bullets of Pure Love. Ross Howard of Tybee Fest said the estimate for city services for the Pirate Fest is $7,140 and a loss of revenue in the South Beach parking lot of $3,540. He said parking revenues are up during Pirate Fest and do not represent the loss of parking revenue as stated earlier. He said including the $25 a day vendor fee; the city will receive over $8,000 during Pirate Fest. He said the city will more than make the waived fees back. Mr. Brewer said the impact on Hotel/Motel tax was not outlined in this report and he feels it is greatly impacted by Pirates Fest and should be included. Mr. Crone moved to approve the special event application including waivers for the Pirate Fest on October 10-11. Mr. Brown seconded for discussion. Council discussed developing a policy for request for waivers and requested Tybee Fest submit all requests for waivers at budget time next year in order to have the money allocated instead of taking it from the reserves. The vote was unanimous. Hillary Brodofsky gave a short presentation on the kick off to roller skating night. She said they had 200 people attend and raised $600. She said the YMCA is going to offer family skating once a month. Mayor Pro Tem Doyle commended Ms. Brodofsky and her staff on doing a great job getting the skating implemented. Prepared 8/13/08vw Page 4 of 7 Kathryn Williams said it is confusing to the public when a proposed Master Plan in which a public hearing was promised is put on the agenda prematurely for changes to Memorial Park before the hearing is held. She respectfully requested that city council refrain from taking any action on Memorial Park until we go through the process. Libby Bacon said we are at the 60 day mark in a 90 day review period and she requested that the 90 day review be concluded before changes are recommended to Memorial Park. She reminded council that the Memorial Park Committee unanimously approved not having a jail or courthouse located in Memorial Park. Dave Postle talked about and defended the current Ethics Ordinance. He asked to go on record as a tax paying citizen of Tybee that opposes the proposed changes that are almost a carbon copy of the Cedartown Ethics Ordinance that does not make reference to recusal, abstention or disclosures. Sandy Postle said she personally supports the work done by volunteer committees and many of the committee reports such as the Memorial Park Plan, Public Safety Committee, Veterans Memorial Committee and the Ethics Ordinance Committee and they need to be respected for the number of hours that have gone into developing their reports. She expressed support for the recycling trailer and the current Ethics Ordinance. Ronnie Tatum Chairman of the Veterans Memorial Committee requested moving the Veterans Memorial from Jones Street to Butler Ave. Pam O’Brien commended council for their decision earlier this year to stick with the existing ethics ordinance and spoke in support of keeping the current Ethics Ordinance. Public Hearing Millage: Mayor Buelterman called the Public Hearing to order on the Millage Rate. Finance Officer Bonnie Kline repeated her presentation on the History & Trends of Tybee’s Millage rate. No one from the public wished to speak. Mayor Buelterman closed the public hearing. New Business: Mr. Brewer moved to approve the Resolution to the DOT prohibiting tractor trailers, boat trailers, vehicles equipped with trailers for hauling other vehicles or equipment, recreational vehicles, buses, motor homes or panel trucks from parking overnight in the non-travel lanes on Hwy 80 except in expressly designated areas. Mr. Crone seconded. The vote was unanimous. Mr. Brewer said an additional issue on Hwy 80 is, cars parked all day in the fire lane or with signs saying yard sale or for sale. He said he would like to add prohibiting people from leaving unattended vehicles all day. Ms. Doyle said there is a problem with people parking a vehicle with a trailer attached with a for sale sign on it for quite a long time. Mr. Hughes said the problem will be distinguishing between the legitimate vehicles that have advertising copy on them. He said he doesn’t think DOT will be offended by Prepared 8/13/08vw Page 5 of 7 a request of that nature. Mr. Smith said the vehicle parked with a trailer for sale right at Polk Street is dangerous because you can’t see around it to get out on Hwy 80. Ms. Schleicher said this would prohibit overnight parking from the Park of 7 Flags all the way to Lazaretto Creek. Mr. Hughes said he would like to send both Resolutions to DOT at the same time. He said he would write resolutions with both concerns addressed as well as the one for overnight parking and see what the DOT has to say. Council asked Mr. Hughes to work on the Motorized cart use ordinance requiring vehicles that are street legal, Drivers License required to operate and Insurance required as well as crossings allowed only at intersections on Hwy 80 with traffic lights and bring it back for their review. Mr. Hughes said this will be considered the introduction of the ordinance and will allow it to come back for 1st and 2nd readings at the same time. Ms. Schleicher said we have never charged fees for adult softball. Mr. Crone moved to approve the waiver of all facility fees and deposits at JC Park related to the Tybee Island co-ed Restaurant & Bar Softball league from 9/8/08 through 12/8/08 every Monday night from 6-10:30pm, Mr. Brown seconded. Mayor Buelterman recused due to being a member of a softball team. The vote was unanimous. Mr. Brewer moved to approve the special event application for the Beach Bash on August 31, 2008 including waiver of fees. Ms. Allen said since the event is held on the Pier there will be no city services required. Mr. Crone seconded. Mr. Brewer amended his motion to remove the Gym as the rain location and associated waivers for the Gym; Mr. Crone seconded the amended motion. The vote was unanimous. Mr. Brown moved to approve the Friends of Tybee Theater request to use the North Beach Parking Lot for Drive in movies on July 31, August 21 and September 11th. Mr. Brewer seconded. The vote was unanimous. Mr. Crone moved to approve the reconsideration for the grant for the recycling trailer, Ms. Doyle seconded. The motion failed with Crone and Doyle voting in favor and Brewer, Brown and Smith opposed. Mr. Brown asked council to consider a conservation area in Memorial Park. He said it follows the Master Plan and preserves Green Space in Memorial Park. He showed the Memorial Park survey with an outline of the area he is requesting council to preserve. Mr. Brown moved to request Mr. Hughes get started on the language to make a conservation area in Memorial Park as outlined on the submitted drawing, Mr. Crone seconded. Mr. Brown amended his motion to include allowing the Veteran’s War Memorial and a fence around the playground within the conservation area, Mr. Crone accepted the amendment. The vote was unanimous. Mr. Brown moved to request Mr. Hughes get started on the language to make a conservation area in JC Park in order to keep it in its present condition, Mr. Crone seconded. Mr. Brewer asked if they planned on expanding the playground in the future if this would make it difficult. He said he wants to be Prepared 8/13/08vw Page 6 of 7 very careful about what they are doing. Ms. Doyle said they talked about fencing in JC Park Playground and she agrees with Mr. Brewer that they may want to expand that area. The motion failed with Brown and Smith voting in favor and Brewer, Crone and Doyle opposed. Ms. Doyle said the location of the Veteran’s War Memorial came up during the last week because someone anonymously donated to pay for the monument. She said the person with the money wants to start the process now. Ms. Doyle moved to approve placing the Veteran’s War Memorial on Butler Ave. in front of the Gym, Mr. Brown seconded. Ms. Doyle said Legion Post #154 had taken a vote and it came out 30 to 6 in favor of placing the War Memorial on Butler Ave. Ms. Doyle said she would leave pinpointing the location to staff. She said the design of the Memorial has not changed. The vote was unanimous. Mr. Hughes said the COE has agreed to take the indemnity agreement out that was a problem for us and to adjust the way claims are handled. Mr. Smith moved to approve the Memorandum of Understanding with the Corps of Engineers on Beach Renourishment and authorize the Mayor to sign it, Ms. Doyle seconded. The vote was unanimous. Mr. Hughes said this contract is for the reservation system at the campground to accept credit cards. He said the company refused to take the indemnity clause and the Texas Law out of the agreement. He said under Georgia Law an indemnity obligation is probably invalid anyway. He said he is not comfortable with Council signing an agreement like this without his pointing that out. Mr. Smith moved to approve the Jet Pay Agreement for the reservation system at the Campground, Ms. Doyle seconded. The vote was unanimous. Mr. Hughes said this agreement is with Lifestyle Management Resources and they consult with us on employees that might have problems such as drug and alcohol abuse where they might need a referral or counseling. Mr. Smith moved to approve the Employee Assistance Agreement for $3,000 from line item 100-1540-52-1275, Mr. Crone seconded. The vote was unanimous. Mr. Brewer asked the City Manager to be sure we follow procedures on purchasing goods and services. Mr. Hughes said he wanted to get some direction from council. He said what he has been hearing from comments from Ms. Hudson at the Carl Vinson Institute and Frank Jenkins is to create an easier read version of the Ethics Ordinance. He said what is unique about our current ordinance is campaign contributions being invoked as a grounds for recusal which is unusual. He said the comprehensiveness of the ordinance is also pretty unique. He said he hasn’t heard any complaint on the substantive principles of the ordinance other than it is too complicated to read, particularly the definitions. He said the Cedartown ordinance has an Ethics Committee that handles complaints but lacks the ability for anyone to get advisory opinions and the protection that goes along with those. He said he would like the advisory opinions added. Mr. Hughes said Mr. Jenkins was opposed from the very first time he spoke with him about campaign contributions being involved as part of the recusal process because he feels there is a very good preemption argument that the state laws deal with campaign contributions and the amount you can receive and how they have to be disclosed. Mr. Brewer moved to ask Mr. Hughes to Prepared 8/13/08vw Page 7 of 7 send the Cedartown Ethics Ordinance as a model for the future, to the Chairman of the Ethics Commission along with the current ethics procedure and ask them to look at developing a simplified readable version and then an ethics handbook that matches that requirement, for training and implementation to those who need it, Ms. Doyle seconded. The vote was Brewer, Doyle, Brown and Smith in favor and Crone opposed. Executive Session: Mr. Crone moved to go into Executive Session to discuss Litigation, Personnel and Real Estate, Ms. Doyle seconded. The vote was unanimous. Mr. Brown moved to return to regular session, Ms. Doyle seconded. The vote was unanimous. Adjourn: Mr. Smith moved to adjourn, Mr. Brown seconded and the vote was unanimous. __________________________________________ Mayor Jason Buelterman _____________________________________ Vivian O. Woods, Clerk of Council