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HomeMy Public PortalAbout20090122CCMINUTESPrepared 02/06/09dw Page 1 of 9 20090122 City Council Minutes CONSIDERATION OF ITEMS FOR CONSENT AGENDA Mayor Buelterman called the Consent Agenda Meeting to order at 6:30pm on Thursday, January 22, 2009. Council members present were Mayor Pro Tem Wanda Doyle, Charlie Brewer, Barry Brown, Eddie Crone, Dick Smith and Paul Wolff. Also present were City Attorney Bubba Hughes, City Manager Diane Schleicher and Planning Director Brannyn Allen. Mayor Buelterman listed the following items on the Consent Agenda:  Council Minutes for 01/08/09  Consideration of adding Jay Burke to Planning Commission Ballot  Consideration of Donna Rumsey for Ethics Commission Appointment-regular  Beach Task Force-Reappointments: Berta Adams Henry Levy Lou Off Wick Searcy  Better Hometown Board Appointments: Judy Malins John Yarbrough  Ethics Commission Appointments: Daniel Hill-regular Frances Kaye Strickland-regular  Alcohol License Application-Beer/Wine, Liquor, Sunday Sales and Entertainment-Joshua Navon-Rockhouse-1518 Butler Ave.  Special Event for SCAD Sand Arts Festival-May 8, 2009 10:00am to 4:00pm including 50 free parking passes. (Rain Date-May 22, 2009)  Waste Water Treatment Plant and Lift Station #6 Improvements-Grit Removal and Odor Control- Awarded to BRW Construction Group, LLC for $721,424.00-$600,000 was budgeted for the construction portion of this project. $121,424 will need to be moved from W/S contingency item #505-9000-61-1000 which has a balance of $755,068  Parking Pass Policy for Special Events : (None in Summer and limit of 50 off season)  Appointment of Councilman Charlie Brewer to the Infrastructure Committee to replace Eddie Crone.  Out of State Travel for Mayor Buelterman and Mayor pro tem Doyle to attend National Hurricane Conference and Training in Austin, TX.  Proceed with hiring company to attempt to extract sheet piling at Gullick St. area as recommended by the Beach Task Force-projected cost of $2,500 Prepared 02/06/09dw Page 2 of 9  Authorization for Mallory Pearce to make application to DNR on accreted property for conservation easement at Captains Row. Conditional on Council’s review before submission. Mayor Buelterman adjourned the consent agenda meeting at 6:55pm. OPENING CEREMONIES Mayor Buelterman called the regular meeting to order at 7:00pm. Those in attendance at the Consent Agenda were also in attendance for the regular meeting. The invocation was given by Rev. Andy Lamon of the Trinity Chapel United Methodist Church followed by the Pledge of Allegiance to the Flag. CONSIDERATION OF CONSENT AGENDA ITEMS A MOTION to approve by Councilman Wolff, seconded by Mayor pro tem Doyle was unanimous to approve items on the Consent Agenda. CITIZENS TO BE HEARD Visitors from St. Michael’s announced the spelling fee fundraiser for St. Michael’s Scholarship Fund on April 2nd with little bees swarming the auditorium. Eric Thomas, Huc-A-Poos addressed the noise ordinance coming up later in the agenda and shared with council decibel noise readings and stats to consider as they look at amending the current noise ordinance and requested the council to let current noise ordinance remain. The Following Department Head Reports were presented to council: (Full reports in meeting file) 1. Public Works 2. Water & Sewer 3. General Administration announced new RFP for audit services will include monetary penalties for delays on reports and deadlines. Sale of unused vehicles and misc equip brought in additional revenue of approximately $45,000. Ms. Kline clarified that contrary to perceptions we have never run out of money. Councilman Brewer asked if we can reschedule payments, etc to balance out when revenue is low or high to level it out. He requested Ms. Schleicher and Ms. Kline to bring back to council next meeting with defined goals or ways and next set of steps to get Incode up to date. Schleicher also clarified there is not 2 sets of books, what is being done when budget year was changed the reports would look different and asked for council to be patient with new fiscal year, new finance director and Incode is used for different things throughout city’s operation and Incode’s suggestion is have 18 month budget and 12 month so historical info is not lost. Brewer withdrew statement about 2 sets of different books as it is really 2 systems. We want to maintain confidence in people reviewing the budget. All the projects we have been doing take a strain on cash flow revenue. Paul asked how much is in fund balance. Bonnie replied 2.4 Million. Mayor reminded that several steps such as removing 10% across the board, etc has been taken to anticipate revenue drops due to Prepared 02/06/09dw Page 3 of 9 the economy. Mayor also stated he would put a financial report of the State of the City on the website so it will be accessible by everyone. Todd gave update on camera and equipment throughout city hall. New finger print system in at police station. 4. YMCA Membership grew by 10% in 2008. Scholarship fundraisers still not matching needs. Effort continues to make sure no one is turned away because of inability to pay. Councilman Smith inquired as to how many children on the island use the Y. Hillary stated info is hard to collect but have estimated 120 from the zip codes and schools information received. 5. Fire Department Reported on continued training of all staff and compliance with Emergency Management and Federal Codes. Presentation of Marine Rescue Report is being given to Chatham County. 6. Police Department Citations last year 21% Tybee 38% County 28% Georgia 13% Out of State. Numbers not as high as last year. Juveniles down by 25% do not have problem on Tybee. Working on keeping county narcotics team from going under the control of city, would lose voting rights and concurred with mayor none of the surrounding municipalities want this to happen. 7. Zoning & Planning Building activity down, revenue down huge decease from years past. Training has been continuing. Only 2 text amendments in 4th quarter. 8. Rivers End Campground Mr. Hemphill reported on who is being served at campgrounds. Cabins are being rented now and going pretty well to start. Overbooked for St. Patrick’s week. CONSIDERATION OF BOARD, COMMISSION AND COMMITTEE APPOINTMENTS:  Audit Committee Appointments. Sallie McClelland Steven J. Bryan A MOTION to approve by Councilman Smith, seconded by Councilman Brewer was unanimous with Councilman Brown recused due to family ties to Mr. Bryan.  Planning Commission Appointments for terms expiring on January 31, 2011 Jay Burke with 5 votes Randi Bryan with 3 votes Lisa McKenzie with 3 votes RECORDED VOTES AS FOLLOWS: Councilman Barry Brown recused due to family ties to Ms. Bryan. Prepared 02/06/09dw Page 4 of 9 Mayor pro tem Doyle voted for Randi Bryan-Lisa McKenzie-Jay Burke Councilman Charlie Brewer voted for Randi Bryan-Lisa McKenzie-Jay Burke Councilman Eddie Crone voted for Randi Bryan-Lisa McKenzie-Jay Burke Councilman Dick Smith voted for Rick Fitzer-Lee Ann Michaels-Jay Burke Councilman Paul Wolff voted for Rick Fitzer-Lee Ann Michaels-Jay Burke Councilman Charlie Brewer disclosed that Lisa McKenzie’s sister is employed by his wife. Ordinances, Resolutions and Zoning Variances:  Consideration of Amendment to Noise Ordinance Section 22-112. Attorney Hughes presented two possible ordinances for consideration modeled after Savannah’s as was asked for by council at last meeting. Main difference is different decibel levels at different times. Councilmember Brewer confirmed with Hughes his need to recues his self due to his son’s interest in a local restaurant. Hughes agreed. Mayor also disclosed that several members had previously indicated relationships with various parties involved. Hughes indicated it will increase burden on police dept due to enforcement issues. Hughes sent copy to Chief Price no response back yet. Smith had Hughes confirm decibel reading would be measured at the receiving end if enforcement questions arose from complaints. Doyle asked if we could get some input from police department. Hughes agreed this would be helpful and recommended this. Smith indicated he was uncomfortable passing something that could not be enforced. Discussion was held on constitutional rights and protocol on police response and handling of complaints. No motion-Council asked for input from Police Department on both proposed ordinances.  Coastal Incentive Grant and Authorizing Resolution: Runoff, Shore Birds, and Beach Water. Grant Amount $18,544 Matching funds $7,576/Line item #505-4310-52-1202 Mayor asked why all 3, if they are all figuring out same things. Councilman Wolff responded it is just coincidental. There is a wide range of components but same issue –water quality. Grants deal with different components. These are federal money funneled through DNR. State issued. We may get all or part or nothing. Total cost of all 3 Grants would be $7,576 to the city confirmed by City Manager. Council asked for more information from Dr. Richardson. 2 possible sources of water pollution-Shore Birds, and water coming from Horsepen Creek after big rains and tidal flow. This is also working in conjunction with other project on Oyster Restoration Project. Data information shared cutting cost. Prepared 02/06/09dw Page 5 of 9 A MOTION to approve by Councilman Smith, seconded by Councilman Wolff carried with Smith, Wolff, Brewer, Brown and Doyle voting in favor and Crone opposed.  Coastal Incentive Grant and Authorizing Resolution: Water Quality Watch Grant Amount $10,100 Matching funds of $10,415 provided by another source. This is from the Marine Science Center. A MOTION to approve by Councilman Smith, seconded by Mayor pro tem Doyle carried with Smith, Doyle, Brewer, Brown and Wolff in favor and Crone opposed.  Coastal Incentive Grant and Authorizing Resolution: Setting a Water Quality Baseline Grant Amount $31,935 Matching funds of $31,935 provided by another source. Councilman Wolff stated all 3 grants pertain to water quality. Councilman Wolff stated he is co writing the Baseline Grant with Mark Fisher Skidaway Marine Institute. Working on establishing a baseline for expanded public usage of Tybee’s beaches Mark has suggested including a proposal to do a pilot project to allow dogs on one or more areas of the beach. They have identified two possible areas where there are no nesting birds and few people. This is not necessary for grant but integral to it developing an educational campaign for the public to educate people if they do not pick up after their dogs it is going to cause problems in our water. 12th street & Venetian area next to marsh has piles of dog waste going straight in to the marsh and straight on to our beaches. Same problems of water quality need to educate people, signs and containers bag dispensers. Dog waste is largest source of water pollution in the beaches of this area. Mayor Buelterman stated we were only considering applying for these grants. Mr. Crone stated he is not for allowing dogs on the beach in any situation. Proven contaminate the water. Points of grant, establishing baseline and identifying source where pollutins are coming from, and educational campaign. Doyle asked if only thing agreeing to was to submit application. Mayor responded yes it is. Councilman Wolff would be working on the education portion of the study. Does not include dogs on the beach just what would happen if. A MOTION to approve by Councilman Smith, seconded by Councilman Wolff carried with Smith, Wolff, Doyle, Brewer and Brown in favor and Crone opposed. BIDS, CONTRACTS, AGREEMENTS AND EXPENDITURES:  Memorandum of Understanding-Shrine Club Parking. Mayor asked Diane to explain. She stated basically writing down policy so understanding is in formal written arrangement instead of verbal as in the past and changing as staff does etc. They will have passes for special events, etc. Mayor asked if Shrine Club was comfortable with this and she replied yes they are. Mr. Wolff asked if they would be Prepared 02/06/09dw Page 6 of 9 receiving up to 100 passes to pass on to their guests at which she replied yes when they have special events. He stated he has a problem with that. No problem with bagging meters, except for employees at the Shrine Club, we shouldn’t be giving blanket passes they identify any time of the year. That is going to cost the city a huge sum of revenue. Diane said we do not have meters there anymore just the Pay to Park so we can’t bag meters or block off spaces. He suggested using cones, etc. can’t see giving away 100 parking spaces. Mr. Brown asked what happened to flyer they used several years ago just stuck in guest windshields. Schleicher replied that is what we are looking at. It would be a flyer for their guests; decals would be for employees that work off the island maybe less than 10 people. Mr. Brewer as a member of Shrine Club gave more clarification of who would be there at certain times using flyers for parking. Very minimum. Councilman Brewer disclosed membership in the Shrine Club. A MOTION to approve by Councilman Brewer, seconded by Councilman Brown carried with Brewer, Brown, Crone, Doyle and Smith in favor and Wolff opposed.  Amendment to Waste Pro Contract An amendment has been approved by City Manager and forwarded to Waste Pro, not heard back; this represents the $15 for 2nd container and not charging for 2nd recycling container and switching at Rivers End to Waste Pro. Mayor asked if we needed to wait for them and Hughes preferred to wait until next meeting when actual agreement received. City Manager’s Report-Diane Schleicher:  Administrative Change in positions in Class and Compensation Plan: General Administrative (Senior Centralized Collection Clerk and Water Sewer Department (Waste Water Treatment Plant Operator Trainee) Councilman Brown asked Diane to explain both positions. 1st one taken on more responsibilities but was hired at entry level and now needs job description to reflect actual duties. 2nd one has person now working full time is training to be waste water treatment plant operator and again needs job description to reflect duties being done. Brewer asked if the salaries were baselined against others around the area. Diane replied no, but within our own comp plan for baselining. It has been updated this past summer A MOTION to approve by Councilman Smith was seconded by Councilman Wolff. The motion carried unanimously.  South End Business District Policies and Procedures Prepared 02/06/09dw Page 7 of 9 No more input from businesses. Doyle asked about liability insurance on page 7. Hughes said would only suffice if have it. Would have to have it for sidewalk café or extension of business. Holds city harmless if a situation arrives that the applicant did. This is to protect the city while helping the business. Councilman Wolff opened discussion about requiring stacking furniture and washing down sidewalks. Allen addressed issues one at a time. These were included after interviewing other cities and their experiences. A MOTION to approve by Councilman Smith, seconded by Councilman Brewer. Councilman Smith amended his motion to approve with change on page 6-H to Strike only the words” Wash Down”. Councilman Brewer seconded amended motion. The vote was Smith, Brewer, Crone, Doyle and Wolff in favor and Brown opposed. Council, Officials and City Attorney Comments: a. Mayor Jason Buelterman  Site Selection for New Public Safety Building. Mayor Buelterman asked for tour of facilities during retreat and asked for decision to be made on location if this is hold up in moving forward. Mayor and Brewer asked to review presentations done by Engineering Firm and Ad Hoc Committee to be provided and bring back for 2nd meeting in February to select location.  Bike Friendly Designation; City Manager gave report on trip and meeting she attended in Fla. and showed bridges done in FL to accommodate bike paths. Will bring action plan to council.  Mayor & Councilman Smith as well as others are working on getting DOT and Cuts to separate bridges out of DOT Plan on Widening Hwy 80 Lazaretto Creek and Bull River Bridge to get them widen faster.  Policy for Use of Fireworks Mayor asked City Manager to ask the staff to come up with mecanizism to discourage use of firearms, especially around holiday times and in the dunes. Councilman Crone pointed out it is already on the books against the law. Schleicher suggested maybe more education to alert citizens of real dangers around homes. Mayor Pro Tem Doyle reminded of previous recommendations of more dune and beach patrol around the peak holiday times. Schleicher said Chief Price previously indicated difficulty inforcing due to time of complaint and locating offender but maybe just increase of presence. Mayor suggested Fire Chief and Police Chief work together to improve situation with more education.  Marine Science Council Laison Prepared 02/06/09dw Page 8 of 9 Mayor requested the next meeting agenda have appointment of Paul Wolff to Marine Science Center Committee to replace Councilman Brewer.  Grading of Softball/Soccer Field at JC Park Mayor requested to hold off till February 22nd council meeting to get more information from Eddie Siden.  Beach Task Force request for Dan Parrott Proclamation Mayor requested to hold off waiting for information from Corp and event is not until February b. Councilman Charlie Brewer  Establish Policy and Procedures for Sign-in and Oath for public hearings. Councilman Brewer opened discussion as other boards in county are requiring speakers or guest to do this and this will continue to bring more professionalism to meetings asked Mr. Hughes to speak on this and Quasi Judicial meetings. A MOTION by Councilman Brewer to approve requiring Oaths for Quasi Judicial determinations on Administrative decisions. Mr. Brown seconded. The vote was Brown, Crone, Doyle, Smith and Wolff voting in opposition and Brewer voting in favor.  Establish procedure for comprehensive ethics training. Discussion was held on necessity of different groups being trained. Focus on training on Tybee ordinances, etc. A MOTION by Councilman Brewer to bring in training by an independent group was seconded by Councilman Brown. It was suggested that a presentation be made by Chapman and Associates on ethics training for people in key roles including a proposal for consideration by council. Cost is $1250 approx $40 per person. Councilman Brewer withdrew his motion. Councilman Brown withdrew his second. It was suggested that Mr. Hughes might provide a training workshop on Tybee’s ordinance. c. City Attorney Bubba Hughes  Request to open Fifth Avenue Right of Way. Mr. Hughes said he was not ready to make a recommendation on this based on what he has seen so far. Councilman Wolff requested a topographical map be given for council’s review. Executive Session: Prepared 02/06/09dw Page 9 of 9 A Motion by Councilman Wolff to go into Executive Session to discuss Litigation and Personnel was seconded by Mayor pro tem Doyle. The motion was unanimously approved. A Motion by Councilman Wolff to end Executive Session was seconded by Councilman Smith. The motion was unanimously approved. A Motion by Councilman Wolff to adjourn was seconded by Councilman Smith. The motion was unanimously approved. __________________________________________ Mayor Jason Buelterman _____________________________________ Vivian O. Woods, Clerk of Council