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HomeMy Public PortalAbout20140828MinutesCity Council Minutes 20140828 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on August 28, 2014. Those present were Paul Wolff, Monty Parks, Rob Callahan, Wanda Doyle, Barry Brown and Bill Garbett. Also attending were Diane Schleicher, City Manager; Bubba Hughes, City Attorney; Tommy Branch, Callaway, Braun, Riddle and Hughes, PC; Dianne Otto, Manager, Planning and Zoning Department; and Janet LeViner, Clerk of Council. Mayor Buelterman listed the following items on the consent agenda: City Council Minutes, August 14, 2014 Dottie Kluttz, Historic Preservation Committee (re-appointment). Alcohol License Request – Special Event – Beer, Wine – Taste of Tybee. Savannah Area Chamber of Commerce, September 25, 2014 Special Event Consideration, Tybee Salutes Heroes Celebration: November 15 (Parade @ 1PM w/ceremony to follow): 14th Street beachfront parking lot – Tybrisa – Butler – 5th Street & Veteran’s Memorial Special Event Consideration, Tybee MLK Parade & Human Rights Celebration: January 10, 2015 (Parade @ 2PM w/celebration to follow): 14th Street beachfront parking lot – Tybrisa – Butler – 5th Street and Cafeteria. Julia Pearce approached mayor and council to speak on the MLK Parade and Human Rights Celebration. Ms. Pearce continued by stating this year the committee will present the “Tybee Dreamer”. This award will be presented to a resident or organization that embodies Dr. King’s vision of inclusiveness, justice, peace and unity. She thanked everyone for their continued support. Georgia Environmental Finance Authority Loan Agreement Budget adjustment for $7,998.00 for Intoxilyzer. This item was budgeted for in FY2014 and item was purchased, line item 100-3210-54-2100 (Capital Equipment) Acceptance of GOHS Grant, Tybee Island Police Department, Intoxilyzer Grant Reimbursement Waste Water Treatment Plant Digester – Engineering Proposal - $82,000—Infrastructure Committee recommended, 3-0. GEFA Deep Well Intergovernmental Agreement and Easement – Infrastructure Committee recommended 3-0. Discussion: Mr. Wolff expressed his concerns regarding the maintenance of the well as it does not give the City options. He recommended the following language be added to the agreement: “The City will have the option to operate and maintain the well.” Mr. Hughes stated that he did not feel they would not give the City an option after the well is drilled but he will insert the language. There was a discussion regarding the agreement and Mr. Wolff stated that if Mr. Hughes is in agreement with the proposed Intergovernmental Agreement and Easement then he is also. Ratification of SunTrust Documents Resolution to reduce energy use in city government 20% by 2020. Discussion: Mr. Wolff explained that this is a request from the Green Team and the Community Resource Committee (CRC) as they would like the City to commit to reducing the carbon footprint by 20% by 2020. He further stated that he would like mayor and council support these two committees. Mr. Garbett discussed that in his opinion it is far more important to set guidelines as to how to achieve this goal than to make a resolution. Mayor Buelterman called the regular meeting to order at 7:00PM. All those present for the consent agenda were present. Opening Ceremonies Call to Order Invocation: Jan LeViner Pledge of Allegiance Recognitions and Proclamations Heather Brown, Cashier, Finance Department, approached mayor and council to accept the Employee of the Quarter designation. Mayor Buelterman thanked Ms. Brown for all her hard work. Mayor pro tem Doyle also complimented Ms. Brown for her performance as she is always positive. This is a great reflection on the City. Report of Staff, Boards, Standing Committees and/or Invited Guests Tybee Island Tourism Council Report. Sara Lane approached mayor and council to give the Tybee Island Tourism Council Report as included in the packet before mayor and council. Ms. Lane stated that in the future the reports will be submitted twice a year. Mr. Wolff thanked Ms. Lane for all the work the Tourism Council is doing to promote Tybee Island. He asked that the Tourism Council provide the vacation rentals with the rules of the beach. Mayor Buelterman thanked Ms. Lane for her work with the Tourism Council. Tybee Island Police Department Tybee Island City Marshal Parking Services Department of Public Works, Facilities Planning and Zoning Mayor pro tem Doyle commended staff for their quarterly reports. Mayor Buelterman also thanked staff for all their hard work. Julie Livingston approach mayor and council to speak on the proposed taxi and vehicles for hire ordinance. She asked mayor and council to strike the Section 34-212, Motorized Cart Use, regarding requirement for seating 6 people as the requirement would impact her business. Ms. Livingston’s other concern is Section 34-208, speakers and recorded messages. She stated that their vehicles do not have doors and windows and if the radio is on, they would be in violation and she would ask that mayor and council revisit that section. Christie Turner, Island’s Taxi, approached mayor and council to speak on the proposed taxi and vehicles for hire ordinance. Her concerns regard parking for commercial vehicles. Ms. Turner would request that mayor and council provide a parking space for commercial vehicles as this is her only mode of transportation. She is open to any recommendations. Mayor and council voiced their concerns which included location of parking her vehicles and reminded Ms. Turner that parking is at a premium. Barbara Young, Tybee Turtles, approached mayor and council to speak on the proposed taxi and vehicles for hire ordinance. She referenced Section 35-12, six seater vs. four seater vehicles. Ms. Young would request mayor and council not limit seating on the vehicles. Ms. Schleicher stated that the portion of the proposed ordinance referencing color scheme and uniform has been stricken. Mr. Callahan stated that he is concerned with all the issues at hand as this is a second reading. He would recommend that there be an additional meeting prior to approval to resolve the issues that have been discussed. Mayor pro tem Doyle disagreed as due diligence was done with two meetings for all the taxi and vehicle for hire companies. Ms. Young asked mayor and council to reconsider the noise portion of the proposed ordinance as even if there is a radio playing you can still hear it outside the vehicle as they are open air vehicles. Mr. Wolff made reference to the current noise ordinance. Mayor Buelterman agreed. Mr. Hughes made reference to the 5th Circuit ruling, (Tybee Island being in the 12th Circuit) “where prohibited noise that would annoy people of reasonable sensibility is valid” and would suggest that language be incorporated into the proposed ordinance. The section would read: “it shall be unlawful to operate a vehicle with sound to the extent it would annoy people of reasonable sensibility”. Mayor pro tem Doyle asked Ms. Young if the word “amplified” is her main concern. Ms. Young confirmed and thanked mayor and council and staff for all their efforts with this proposed ordinance. Sandy Brewer, Crab Cab and Island Hoppers, approached mayor and council. She is in agreement with previous comments regarding the noise conditions as outlined in the proposed ordinance. Ms. Brewer asked Ms. Schleicher how the City is to regulate the cab services from Savannah that come to Tybee Island. Mayor Buelterman responded that there is a current ordinance that regulates this issue. Ms. Schleicher stated that if they are picking up customers, they are required to have a Tybee Island decal as well as registered with the City. Mr. Hughes clarified anyone that is licensed or has an occupational certificate from another city that comes to Tybee Island to work is not required to get an occupational license from the City. Ms. Schleicher stated with the new ordinance, it will help in identifying if the company and drivers that are registered with the City. She would further recommend implementation of the proposed ordinance with the January 2015 business registration as it is now the end of the season. Ms. Brewer would ask mayor and council to reconsider including the color scheme and uniform reference as there needs to be a way to distinguish between the different companies. Consideration of Bids, Contracts, Agreements and Expenditures Request for Proposal Needs and Security Assessment, City Hall. Discussion: Mayor Buelterman asked Ms. Schleicher the timeline associated with this RFP. Ms. Schleicher responded that it is her intent to have the RFP ready the following week and she feels the results in October. There was a discussion regarding where the funding would come from. Ms. Schleicher responded that there are funds available in different line-items and will identify later when an exact amount if known. Paul Wolff made a motion to approve. Wanda Doyle seconded. Vote was unanimous, 6-0. North Beach Restrooms. Discussion: Mr. Wolff recommended that Ms. Schleicher look into using “grey water” for the commodes and possible shallow well water for showers. Ms. Schleicher responded that with the new Public Safety Building, architects were interviewed and she would like to use that same matrix to rank and bring in the top three to a city council meeting. In that way, mayor and council can interview to insure all concerns are addressed. Paul Wolff made a motion to approve. Monty Parks seconded. Vote was unanimous, 6-0. Public Safety Building Parking Lot Lights Proposals. Discussion: Ms. Schleicher recommended Option 3 as it makes more financial sense to lease the lights from Georgia Power and also to proceed with high pressure sodium lights instead of the LED lights. She further explained that the City can move forward with the three high pressure sodium lights and at a later date install better lighting. Ms. Schleicher explained that the lights, two that are on the street and the one in the rear, Georgia Power will treat them as street lights and will be part of the automatic changeover for LED lights. Mr. Wolff confirmed that Georgia Power will convert the street lights and the City does the parking lot lights. Mr. Wolff asked for the cost difference if Georgia Power owns them between the high pressure sodium lights and LED lights. Ms. Schleicher responded the upfront cost difference is $6,000. There was a discussion regarding the monthly cost of the different types of lighting and fixtures to include tariffs. Mr. Wolff stated he will contact George Power to discuss waiving of the tariffs. Mr. Garbett confirmed that Option 3, as was emailed earlier in the day, is in fact Ms. Schleicher’s recommendation (attached). Bill Garbett made a motion to approve Option 3 as submitted on the spread sheet with the 150 watt sodium cobra head lights instead of the 250 watt sodium cobra head lights. Rob Callahan seconded. Discussion: Mr. Parks stated that Option 3 is roughly a $2,000 option vs. the solar 50 watt which is a $24,000 option. Ms. Schleicher confirmed. Mr. Parks further stated that there is a $22,000 difference for three lights, also on the solar, it is only a 50 watt light compared to a 150 watt on the cobras. Ms. Schleicher confirmed. Vote was unanimous, 6-0. Paul Wolff made a motion to approve the consent agenda. Rob Callahan seconded. Vote was unanimous, 6-0. Consideration of Ordinances, Resolutions Second Reading, 50A-2014; Land Development Code Sec 4-050(E) and (F) and (O), District Use Regulations; City of Tybee Island, petitioner; consideration of requirements for hosting special events. Wanda Doyle made a motion to approve. Monty Parks seconded. Vote was unanimous, 6-0. Second Reading, 43-2014; consideration of beach and dune regulations – Sec. 3-100; Beach, Dune or Vegetation Disturbance/Crossover Maintenance and Construction. Monty Parks made a motion to approve. Bill Garbett seconded. Discussion: Mayor Buelterman stated that the fronts on rocks from Savannah River Inlet to the rocks at 18th Street are covered. He stated that at the previous city council meeting, mayor and council looked at an example and discussed the prohibition of building within a certain number of feet from the seawall that in large part; the front part of the beach is protected based on the Charter. Mr. Wolff clarified that some of the seawall is under the dunes and the dunes are what we are trying to protect. He further explained that this only applies to new construction. Mayor Buelterman confirmed. Mr. Parks stated that the seawall, while it is included in the Charter does not necessarily provide us and not meant to address a set-back as a maintenance aisle. Also, it is not necessarily something the City can count on to protect us. Mr. Hughes stated that the quote is consistent with his thoughts but basically the 18’ provision contained in the Charter deals with certain portions that were part of the Strand that were conveyed by the abutting owners to the City to have the Strand. Establishing this can be difficult. Further, the City takes the position that until somebody demonstrates that provision does not apply, it does. Mayor pro tem Doyle asked Mr. Hughes what is different with this proposed ordinance from the existing ordinance. Mr. Hughes stated that the former ordinance only applied to areas within the State Shore Protection Law. Mayor pro tem Doyle read from the proposed ordinance: “there shall be a 10’ set-back measured from the landward toe of the landward most dune as delineated by the State Department of Natural Resources.” Mr. Hughes responded that they are drawing the line and not within DNR’s jurisdiction. There was a discussion regarding the existing ordinance in relationship to the proposed ordinance. Mayor pro tem Doyle expressed her concerns and stated she is not in favor of voting in favor of this ordinance. Mr. Garbett stated it is essential that we encourage and maintain the dune system on our beaches which protects the entire Island. This proposed ordinance is a means perhaps not to ensure that but to encourage. Mayor Buelterman stated that the City can be more restrictive than the State, not less restrictive. Ms. Otto stated that she determined that she did not want to treat the sand dunes differently than she had treated the marsh as the buffer ordinance had just been adopted with no notification to the owners. She did not feel that this proposed ordinance should be treated differently. Mr. Brown described the effects of a major storm on the Island due to the elevation and contour as the storm would come from the back of the Island. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan and Bill Garbett. Voting against were Wanda Doyle and Barry Brown. Motion carried 4-2. Second Reading, 44-2014, Municipal Code; Sec. 54-5, Damage to and Intrusion upon Property, Consideration of Regulations for Litter. Rob Callahan made a motion to approve. Bill Garbett seconded. Vote was unanimous, 6-0. Second Reading, 46/2014, Sec. 66-8, Motorized Cart Use. Wanda Doyle made a motion to approve. Monty Parks seconded. Vote was unanimous, 6-0. Second Reading, 47B-2014, Sec. 34-45, Carnival Operations; special insurance provisions. Bill Garbett made a motion to approve. Rob Callahan seconded. Vote was unanimous, 6-0. Second Reading, 48B-2014, Article VI, Taxis and Vehicles for Hire. Discussion: Mayor Buelterman stated that as the proposed ordinance currently reads, the six seat vs the four seat and does not include the language from Mr. Hughes regarding noise. If these are to be clarified or included, he would need a motion to amend. Mr. Branch explained that this ordinance came about after several meetings and in the end there were several contentious issues that did not have unanimous consent among all the parties. If there was 75% of the people that were in favor or if there were no major objections then it was included in the current proposed ordinance. He further explained that the issue with the six seater came up at the last minute at the very last meeting among the taxi cab and vehicle for hire parties. It is his understanding that they were concerned about the people using the rental to make money on the weekends. Mayor pro tem Doyle stated that one of the taxi services on the Island is a four seater and they do not follow the rules and she has concerns regarding putting four seater in the proposed ordinance. Bill Garbett made a motion to approve as written with three amendments: (1) allow four seater vehicles; (2) amplified noise be stricken and replaced with the suggested verbiage from Mr. Hughes; (3) and the proposed ordinance is effective January 1, 2015. Paul Wolff seconded. Discussion: Mayor Buelterman asked Mr. Hughes to read back his suggest verbiage regarding noise. Mr. Hughes stated “it would prohibit noise being emanated at a volume that would offend or annoy a person of reasonable sensibility”. Mr. Brown expressed his concerns over the noise levels of the taxi and vehicles for hire. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan and Bill Garbett. Voting against were Wanda Doyle and Barry Brown. Motion carried 4-2. Discussion: Mayor pro tem Doyle clarified that her vote is in opposition due to the four seater vs. the six seater. Council, Officials and City Attorney Considerations and Comments Mayor Buelterman stated that other governmental bodies have protocol for AED devices and training. He recommended that the City develop a protocol that is ongoing and as new staff comes in, they are also trained. Ms. Schleicher stated that this was discussed at the recent department head meeting and additional training will be scheduled. Mayor Buelterman would like an ongoing program in place. Mayor Buelterman recommended that the new 911 center oversee the Emergency Call Out. Ms. Schleicher confirmed and will bring back a policy to mayor and council. Mayor Buelterman discussed the proposed establishment of a Study Group to explore the options of a Tybee Island Pool. He recommended that Paul Wolff, Monty Parks and Mayor pro tem Doyle sit on this study group and bring back information to mayor and council at the November 13, 2014 city council meeting. Mayor pro tem Doyle expressed her concerns with the perception of the study group. Mr. Brown asked Mr. Hughes if this could be done by referendum. Mr. Hughes confirmed and explained the process. Mayor pro tem Doyle agreed to be a part of the study group as liaison to the Tybee Island YMCA. Mayor Buelterman asked that this be added to the agenda for November 13, 2014. Paul Wolff would recommend the City take part in a Solar Survey. He stated that this recommendation stemmed from the CRC. Mr. Wolff explained that there is a program, Solarized, which assists communities install and operate solar systems throughout the community. They are volunteering to assist the City put together and manage a solar bulk buy program where the City would participate in a survey where residents could indicate that they are interested in purchasing a solar system for their home or business. If they indicated such, they would receive a site survey from a profession to assess the potential solar generation capacity of their property and if it would be cost effective. If there are enough residents wishing to participate, a RFP would be issued. This would be included with the RFP for the solar for the Tybee Island YMCA. Paul Wolff made a motion to post a survey that has been drafted by the CRC to let the residents know that the opportunity exists and see how many are seriously interested in installing solar in their homes or businesses. Discussion: Mayor Buelterman asked Mr. Hughes his opinion of the motion. Mr. Hughes stated that if this is a public service and not marketing for a particular solar company it was acceptable. Mr. Wolff responded that this is only a means to find out how many residents are interested. Mayor Buelterman clarified that this motion is just to put a survey on the website and engage a response. Mr. Wolff confirmed. Bill Garbett seconded. Motion was unanimous, 6-0. Paul Wolff stated he had just returned from the Georgia Environmental Conference where there is an opportunity for a grant for $400,000. This would pertain to brown field cleanup which could be right-of-way on Solomon Avenue. He explained that the application needs to be submitted by September 2014. Mr. Wolff outlined that this would be a federal grant, $400,000, with an 80/40 match but there possibly be a waiver of the match. He would recommend that Ms. Schleicher initiate the process. Further, there is GEFA funding available for renewable and energy efficiency improvements for commercial businesses. He would suggest that the commercial businesses on the Island check into the availability of the funding. Wanda Doyle gave an update on the Public Safety Building. She reported that the demolition was complete and the Tybee Island Police Department held their first court hearing this week. The proposed completion date will be in approximately three weeks. Mayor pro tem Doyle stated that the city council meetings will begin on December 11, 2014 as the audio visual equipment has not been totally installed. She would also propose the ribbon cutting for the new Tybee Island Public Safety Building be set for December 11, 2014 at 4:00PM to include an open house for staff and residents. Mr. Wolff reminded Mayor pro tem Doyle of the scheduled Infrastructure Meeting scheduled for 5:00PM on December 11, 2014 and proposed the meeting be rescheduled. Mayor pro tem Doyle confirmed. Ms. Schleicher stated during demolition an additional layer of flooring was discovered and removal will need to be funded. Wanda Doyle asked Ms. Schleicher to bring an update on Salt Meadows to the September 18, 2014 city council meeting. Ms. Schleicher confirmed and will invite Alton Brown to address mayor and council. Wanda Doyle reported from the recent Beach Task Force Meeting regarding recommendations from Beach Task Force dealing with dunes. Mayor pro tem Doyle recommended that RFP be issued for a consultant to look at the dunes and submit a proposal for future dune building, sand fencing and addressing the “hot spots”. She feels this is the right direction to move forward with as the City needs to be proactive with the upcoming beach re-nourishment this fall/winter. Mr. Parks stated that this is an extremely technical issue relating to the dunes and agrees we need some sort of professional service. Mayor Buelterman stated that it is his recommendation that at the completion of the upcoming beach re-nourishment that the City follows up with sand fencing so that sand is captured as it moves. Ms. Schleicher confirmed and asked if mayor and council if they would like her to take directly to the Beach Task Force or bring directly to mayor and council. Mayor Buelterman recommended that the RFP be brought to mayor and council at the September 18, 2014 meeting. He also feels a dune crossover needs to be built at the “curve”. Wanda Doyle stated that there is a bike path on an unopened City right-of-way in the proximity of North Campbell and Naylor Lane. Mayor pro tem Doyle proposed that Ms. Schleicher and staff to research the path, unopened city right-of-way, and possibly do a bike path which would take the bike and walker traffic off Campbell. Mayor and council confirmed it is an excellent idea. Wanda Doyle recommended that Ms. Schleicher write a grant much like the one addressing 14th Street, along Butler, for North-end Landscape which would start at Breezy Point and move down both sides. She feels doing a streetscape would be traffic calming and beautify the area. Mayor and council agreed. City Managers Report Action Item List Short Term Work Plan Paul Wolff made a motion to adjourn to Executive Session to discuss litigation, property acquisition and personnel. Rob Callahan seconded. Vote was unanimous Paul Wolff made a motion to return to regular session. Rob Callahan seconded. Vote was unanimous, 6-0. Paul Wolff made a motion to adjourn. Rob Callahan seconded. Vote was unanimous, 6-0. Meeting adjourned at 9:30PM