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
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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
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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.
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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.
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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
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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
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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
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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:
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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.
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Mayor Jason Buelterman
_____________________________________
Vivian O. Woods, Clerk of Council