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HomeMy Public PortalAbout20100128Minutes Prepared 01/29/10dw Page 1 of 9 20100128 City Council Minutes Mayor Jason Buelterman called the Consent Agenda meeting to order at 6:30pm on Thursday, January 28th, 2010. Council Members present were, Mayor pro tem Shirley Sessions, Wanda Doyle, Bill Garbett, Councilman Frank Schuman Sr., Kathryn Williams, and Paul Wolff. Also present was City Attorney Bubba Hughes, City Manager Diane Schleicher and Planning and Zoning Director Jonathan Lynn. Mayor Buelterman listed the following items on the Consent Agenda. 01/14/2010 City Council Minutes Proclamation for May, 2010 as National Bike Month Proclamation for May 9th – May 13th, 2010 as Bike to Work Week on Tybee Island Beach Task Force Board Appointment Joe Richardson Better Hometown Board Appointments Stephen Palmer Monty Parks Peggy Stone Resolution -First Chatham Bank Signatory Authorization Reactivate the Historic Preservation Review Committee and advertise for open positions-In order to pursue grant opportunities and review Historic Preservation Ordinance (Section 14) of City Code for possible update/implementation to meet CLG requirements for grants. JCB Coast to Coast Charity Run-Friday, March 26, 2010 in the morning. This is a “send off” event for a JCB backhoe starting at Tybee to travel coast to coast. Applicant: JCB requesting the following: a) Use of the Strand parking lot beginning at TS Chu Terrance South at 7:00am b) Beach Access as shown for backhoe to pick up sand to take to the CA coast. c) Waiver of Event Application Fee and Beach Permit Fee ($130) due to this being a charitable event APPROVED contingent on receiving DNR permit for Item (b) Tybee Wine Festival, Saturday, April 17, 2010 (3:00-7:00) this is a date change. Council originally approved April 24th at the regular council meeting 12/10/09. Service Delivery Strategy for Chatham County. Review, comment and/or necessary amendments to be made and returned to the MPC for their submittal to the Department of Community Affairs during the first week of February. APPROVED contingent on city attorney working with staff on minor changes pertaining to funding of legal services, utilities and user fees Participation Agreement for Merchant Processing Services with SunTrust Bank Prepared 01/29/10dw Page 2 of 9 Total Cost is a variable based on transactions and types (see attached). Contract has been through the State of Georgia purchasing office. Budget Line Item #100-1510-52-3990 Supplemental Agreement No. 1 between the GDOT and the City of Tybee Island Project Account #CSTEE-0006-00(533) Extension of Project Completion Date to June 30, 2010. This agreement extension is for the ADA Sidewalks Project. Due to late start the project timeline is to be extended. Tybee Island Bike Plan-Formal Approval as needed for application for Bicycle Friendly Community designation. Public Beach Showers-Determination of re-installing at dune crossovers (referred to Infrastructure Committee for review and recommendations.) Creation of Public Safety Committee consisting of Wanda Doyle, Frank Schuman, and Shirley Sessions to make recommendation to council on public safety related issues and Hurricane Preparedness with contracts and to assist with logistics post hurricane, to include development of a hurricane simulation exercise. Employee of the Month - Councilwoman Doyle to work with Human Resources to establish guidelines and promotion of the program. Joint Meeting with DNR, City Staff, Planning Commission and City Council- Councilwoman Williams to arrange meeting for Tuesday, March 16th. Creation of The Bicycle Friendly Community Committee and appointment of the following members (not exclusive) as an official council established committee. Committee charter and mission to come back to council. a) Paul Wolff g) Joe Wilson b) Diane Schleicher h) Hillary Brodofsky c) Jonathan Lynn i) Bruce Saunders d) Denise Dubuque j) Sara Vet e) Maria Rodriquez k) Michael Bodine f) Stephen Palmer l ) Drew Wade(Rep from Savannah Bicycle Campaign) Reschedule the November 11, 2010 Council Meeting to November 18, 2010 due to Veteran’s Holiday. Rejection of Anti Litem Notice from Ashley Herrington Music Licensing Agreement at cost of $305.00 Monthly Mayor Buelterman adjourned the Consent Agenda. Prepared 01/29/10dw Page 3 of 9 Mayor Buelterman called the regular meeting of the City Council to order at 7:05pm. Those present at the Consent Agenda were also in attendance for the regular meeting. Rev. Andy Lamon gave the invocation and everyone recited the Pledge of Allegiance to the Flag. Recognition and Proclamations: Mayor Buelterman presented Billy Burke with an Appreciation Certificate from the City of Tybee congratulating him on his retirement of 28 years of service to the City and 37 years as part of the Fire Department. Joe Wilson, Public Works Supervisor thanked Billy for all of his hard work in the department and making Tybee a more beautiful place to visit and live. Skip Sasser, Fire Chief, spoke on Billy’s contributions to the fire department and presented him with a personalized Fire Department jacket. Mr. Burke was also presented a watch as a retirement gift from the City of Tybee. Mayor Buelterman presented Susan Shipman, retiree of the GA Dept of Natural Resources with a Proclamation and in reading it proclaimed today as “Susan Shipman” Day, thanking her for her support and contribution to Tybee and our beaches and congratulating her on her retirement. Mayor Buelterman also announced he had discovered Ms. Shipman was responsible for starting the dune crossovers on Tybee. Mayor Buelterman announced the recognition for the outgoing Council members has been postponed until the next council meeting. Reports of Staff, Boards, Standing Committees and /or Invited Guest Department Head Reports Kathryn Williams asked if we could go back to having reports given orally, as well as written, so that the public could be informed also. Discussion was held on this being done on a staggered basis to help with time restraints in the meetings. Hunter Robinson gave a Year End Ocean Rescue power point presentation. Report included statistics on rescues, medical & public assists. Mayor Buelterman asked if the new Public Safety Committee could work on a proposal to the county again this year for additional monetary support for the Ocean Rescue. Woody Hemphill presented a monthly financial report on the Campground. Mayor Buelterman asked if the trend showing more funds coming in 2008 than in 2007 is continuing with 2009. Hemphill said January will show increase over last January. We are not quite at the same increase this past summer over last summer. Revenues are not decreasing during the off season like in the past. Discussion was held on the anticipated and actual revenues. Mayor asked the Prepared 01/29/10dw Page 4 of 9 city manager to put the monthly reports on the website so the public can see how the campground is doing. Citizens to be Heard Lori Spinks addressed council on the issue of allowing dogs on the beach. She stated pros and cons and asked for council to task the city manager and an independent evaluator to evaluate the possibility, including the economical impact and provide it to the public in a timely manner. She also asked Paul Wolff to sponsor legislature that changes the ordinance due to his support in the past. Ms. Spinks asked if the readings held prior to ordinance adoptions are enough for public input or should a separate town meeting be called? Mayor Buelterman stated that would not be up to him but up to the entire group. Paul Wolff stated if someone could come forward with a concrete proposal we could proceed step by step to make this happen. Maybe a trial area, trial basis, time restrictions such as before 9 am and after 4pm, and part of group to take ownership signing to take some responsibility by policing themselves, the more definite it is the better chance of it succeeding. Mayor Buelterman stated tonight is not the time for the public debate but bringing something back that is workable for the council to review would definitely be appropriate. Mayor pro tem Sessions also asked for enforcement staff, additional staffing, etc to provide input to council. Judy Miller addressed council and gave information on federally funded dollars that are available to citizens for assistance with electrical services. Henry Levy addressed council in opposition of having dogs on the beach due to potential transmitted diseases. Bill Gillespie addressed council in approval of dogs on the beach. He has put together the Facebook site and petition and will continue to work on a proposal for council to consider. He has been studying the tourism numbers and will include them in the proposal. Julian Toporek addressed council in support of dogs on the beach and provided them with a printout on research he had done on other beaches that allow dogs and how they do it. Consent Agenda: A MOTION by Kathryn Williams to proclaim May 2010 as National Bike Month was seconded by Paul Wolff. The vote was unanimous. A MOTION by Paul Wolff to proclaim May 9-May 13, 2010 as Bike to Work Week was seconded by Frank Schuman, Sr. The vote was unanimous. Prepared 01/29/10dw Page 5 of 9 Mayor Buelterman confirmed with Mr. Hughes for future reference proclamations do not have to be voted on, that is one of the powers of the mayor. He also asked for the proclamations to be put on the council’s agenda at the second April or first May meeting for formal reading. A MOTION by Paul Wolff to approve the Consent Agenda with contingencies noted was seconded by Frank Schuman, Sr. The vote was unanimous. Consideration of Bids, Contracts, Agreements and Expenditures Resource Land Consultants and Alton Brown Contract for permits for application and acquisition of federal and state permits for future Polk Street/Salt Meadows improvements Cost: Up to $18,500 Budget Line Item #100-7520-54-1410. Mr. Lynn explained to council this is a project the city has been working on for some time on and off and always seemed to have problems with the permits, etc to fix the roads as they lay in DNR’s and Corps of Engineer’s jurisdictions. For the most part city staff does not have the experience in dealing with those types of permits. Mr. Brown does have the expertise and would be able to help DPW with this and other projects. Mayor asked if there was money in the budget and Mr. Lynn responded yes, due to other budget items not being done. Paul Wolff asked why we are paying $1500 to have the wetlands delineated when the corps does this free. Lynn deferred question to Mr. Brown. Mr. Brown stated that is correct. Both the federal agency and state agency will provide those services free of charge. That is something we include in our services but certainly the city is welcomed to do that themselves. Wolff then asked if Mr. Brown would agree to reduce the amount of the contract by the $1500. Mr. Brown agreed. Kathryn Williams agreed there are problems with the road but she has problems with the contract. In addition to the delineation charges, why are there separate charges for the corps of engineers permit and the coastal marshland permit when it is a joint application. Mr. Brown’s response was at both of those agencies you fill out the form, and it is titled a joint application, but they run two completely separate permitting application processes. He will run a notice and permitting process through the DNR and a separate notice and permitting process through the Corps. While the application forms are identical each agency requires something different, such as mitigation plans, etc. The corps requires one and DNR does not. Williams then noted the fee schedule is dated from 2009 is there an updated fee schedule. He replied yes, and he will supply that. She also stated concerns about the authorization to hire third party contractors at Brown’s sole discretion at the expense of the city. And asked why we have to pay accommodations and meals when he is a local company. Mr. Brown answered this is a standardized fee schedule and certainly he would not have these fees. They are not applicable here since he is local, and he would be glad to strike them out of the contract. Williams asked if the fees included any drawings or surveys, in which Mr. Brown replied, no. Prepared 01/29/10dw Page 6 of 9 Mr. Lynn stated Mr. Downer Davis had volunteered to provide those for Mr. Brown and the city so there would not be any cost. Williams suggested postponing the contracts until we have money in the budget for the improvements, as well as a contract stating what we are actually agreeing to do. Bill Garbett stated there is some overlap but the corps will only deal with what is in the water. The DNR will deal with the marshlands, the corps will not, that is why you need both. Mayor Pro tem Sessions commented after speaking with Mr. Lynn earlier, looking at the contract and listening to what is being said; the contract we have is not appropriated for this particular project. She agrees with Kathryn Williams, it is nice to see that what you are signing is exactly what you are getting for your money. Also she noted the fee base on late payments, hoping we would never have to be late, but the 18% seems excessive. She had hoped Mr. Hughes and finance would have looked at these types of agreements beforehand. Mr. Hughes stated he had not worked with Mr. Brown until he knew the money was going to be available for the project. If council approves the cost he will work on an acceptable contract. Wanda Doyle stated this really needs to be worked out. She along with former Councilman Crone had worked on this with stumbling blocks year after year. Maybe we can approve the money since Jonathan had stated he can find it in the line item and let the city attorney work on the contract and bring it back to us. Mayor pro tem asked Mr. Lynn to explain what service we can get at no charge from DNR. He explained it is only the delineating of the wetlands boundaries. We still have the permitting process. The corps has never been on board with this project and that is why we are bringing in a third party to assist. It is also becoming a public safety issue, being able to access a person’s driveway. Lynn believes there has never been a permit issued by DNR, there has only been discussions back and forth. Downer Davis spoke to council and stated he had started working on this project in 2006 and met stumbling blocks, one after another. It is very complicated. We cannot know what the cost will be on the actual improvements of the road until we have gone thru all the processes with the DNR and the corps. We need someone on our team that can help coordinate all the different ideas, engineers, surveyors, agencies, etc and get our projects through. Williams stated the contract is out of date and includes provisions council is not comfortable with. Davis stated he is only confirming the need of the consultant. Mr. Hughes stated if council approves the money and wants to proceed with the consultant, he can work out the other concerns council has addressed. Even the late payment interest because we are under the Prompt Payment Act and this shouldn’t come to play any way. He would also address paragraph “E” on Limitations of Liabilities. This isn’t needed because he is only being hired to do consulting work. This and the other concerns can be worked out but doesn’t need to be done if the money is not going to be there and approved. Mayor pro tem Sessions stated this is a good example of why it is a good idea for Mr. Hughes and staff to look at the contracts beforehand. All the time that has been spent and the concerns addressed could perhaps have been avoided. She asked, if this has been going on since at least Prepared 01/29/10dw Page 7 of 9 2006, why this has not already been put in the budget. Mr. Lynn replied it seems like it is brought up and then pushed back. We are looking at it now because it was brought up again by Ms. Doyle. Wanda Doyle stated it has been going on for a long time but a lot of the delays have been with personality issues and differences between different agencies and the city. This has made it even more complex and confusing and why a third party consultant is necessary. Williams asked for confirmation that the road will just be raised in its current footprint and no marshes would be filled in, there would not be added bridges, etc. Lynn answered she was correct, the road would only be raised to keep it above flood level, staying in its current footprint and no expansion of the road is intended or applied for. A MOTION by Paul Wolff to approve with cost not to exceed $17,000, application to DNR to do the Wetlands delineation and City Attorney to work with staff to revise contract on cost, eliminate duplication of services provided by other agencies, address late payment penalties according to the Prompt Payment Act, revise the liabilities limitation in Paragraph E; was seconded by Wanda Doyle. The vote was Doyle, Garbett, Sessions, and Wolff in Favor. Schuman and Williams opposed. City Manager’s Report - Diane Schleicher Proposed Facility Schedule Changes for 2010 The City Manager gave a power point presentation submitted by staff on the proposed changes for city owned facility rental fees and comparisons to other event facilities on the island. Most changes or increase of fees would be to the non-resident fees. The changes would not only increase the revenues but remove the City from competing with other businesses. The policy change would also increase the time required on cancelled reservations for refunds and remove the time limit on making advance reservations. Mayor pro tem Sessions asked about the comparables and who owned the other available facilities. Also, didn’t the contract with the Shriners list their rental fees and if they changed we were supposed to be notified. Attorney Hughes replied he did not believe so. Session replied she thought the one she saw did. She commented, when staff is putting these types of proposals together it would be nice to see everything the city has control over and what we don’t, especially on lease agreements, contracts and so forth. Williams asked of the impact on non-profits wanting to use the facilities. The city manager stated they would just need to get their reservations in ahead of time. We could change the time limit for them if necessary. Williams commented most of them use it for week-days and other renters rent it mostly on week-ends. She also discussed the residents renting for non- residents and if this is causing loss of revenue. Ms. Schleicher commented staff takes precautions and residents are made aware when they sign the rental form they are assuming Prepared 01/29/10dw Page 8 of 9 responsibility for the facility. Williams and Schleicher discussed a policy on a restriction of how many times a year a resident could use the resident’s rate being used as a deterrent. A MOTION by Bill Garbett to approve was seconded by Mayor pro tem Sessions. The vote was unanimous. Action Item List Mayor asked the City Manager to add Taxi Cab Fees. To research fees charged by Savannah to Tybee Cabs vs. no fees for Savannah Cabs coming to Tybee, and licensing requirements. Paul Wolff asked the City Manager to add consideration for off-season parking decals for non- residents with property on Tybee. This discussion was deferred until the Parking Report from Wanda Doyle. City manager asked if she was to continue work on Item 23 (fiscal impact of Parking Decals for Property Owners). Mayor Buelterman answered yes. Mayor pro tem Sessions asked for creating separate checking accounts for each fund type and the other of the two items, which she will get with city manager to determine, as discussed at the Audit Review Meeting be added to the Action Item List. Council, Officials and City Attorney Considerations & Comments Public Beach Showers Mayor led discussion on possibility of re-installing beach showers using low-flow and vandalism resistant valves. Paul Wolff asked the city manager to do research on what is available and he will take it up at the Infrastructure Committee meeting. Congressman Jack Kingston Letter Mayor Buelterman shared a letter from Jack Kingston and the again rejected response of the Corp of Engineers to assist Tybee in removing the derelicts. Parking Wanda Doyle gave a report on work being done on parking issues. Along with Bill Garbett and Paul Wolff, she has been meeting with Pete Ryerson and Chantel Morton and Mary Hogan will be joining them in the future. Issues being discussed have been a parking garage, consultants, and shuttles. As far as the garage goes, it’s very costly for only the necessity of seasonal times, with the cost of construction, etc. and where to even put it unless we have a private investor that is interested. She has spoken with a DCA consultant and also has a proposal from another consultant at Hall Engineer that the committee will be looking at and she will bring to council in February. She and Cullen Chambers will also be talking to the tourism council for assistance or guidance on an island shuttle. Pete Ryerson and Diane Schleicher are reviewing the use of off season decals for September 1st thru February 29. A suggestion from one of the consultants is to look at raising ticket fees in restricted areas like the residential areas where there are so Prepared 01/29/10dw Page 9 of 9 many problems, so we are looking at that. Frankie Conway is working on a sticker for the pay & displays that say “PAY TO PARK HERE” because people are still confused. Mary Hogan is preparing a cost analysis on parking rates to be reviewed. Pete has been looking for locations where additional meters may be placed. Those locations abutting commercial properties are being reviewed. If we do decide, in the future to go with a consultant, we may need to form a formal parking committee. One of the consultants did have a list of suggestions for members. The group working together now is trying to come up with an Action Item List that would hopefully help with this tourism season. Mayor Buelterman commented this is a tough issue and a consultant may be the way to go. Doyle stated the Hall Engineering group is who works with the City of Savannah, which recommended the group to us. That might also help us with the group’s fees. Referral of Ethics Ordinances to Ethics Committee for review and recommendations. A MOTION by Paul Wolff to send the current Ethics Ordinance and the ordinance rejected by former council to the Ethics Commission for review and recommendation was seconded by Kathryn Williams. Wolff AMENDED THE MOTION to include a review of the recommendations from Jenkins & Olsen. The vote was Garbett, Schuman, Sessions, Williams, and Wolff in Favor and Doyle Opposed. Referral of Shore Protection Ordinance, Dune Protection Amendment to Planning Commission for review and recommendations. A MOTION by Paul Wolff to send the current and the previous Ordinance to the Planning Commission for review and recommendations was seconded by Kathryn Williams. The vote was Garbett, Schuman, Sessions, Williams and Wolff in Favor and Doyle Opposed. Executive Session A MOTION by Paul Wolff to go into Executive Session to discuss Litigation and Real Estate Acquisitions was seconded by Frank Schuman, Sr. The vote was unanimous. Adjournment A MOTION by Paul Wolff to end Executive Session and adjourn was seconded by Bill Garbett.