HomeMy Public PortalAbout040_0210_20150326Minutes City Council Minutes 20150326
Consideration of Items for Consent Agenda
Mayor Buelterman called the consent agenda to order at 6:30PM on March 26, 2015. 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; and Janet LeViner, Clerk of Council.
Mayor Buelterman listed the following items on the consent agenda:
• Georgia Cities Week Proclamation
• March 12, 2015 City Council Meeting Minutes
• Special Event Consideration: Labor Day Beach Bash 2015 (September 6):
7:00 — 11:00PM; Walter W. Parker Pier & Pavilion, Visit Tybee
• Special Event Consideration: Tybee Beach Bum Parade (May 15): 6:30PM:
North Beach parking lot — Meddin — Van Horne — Butler — Tybrisa, Tybee
Beach Bums
• Special Event Consideration: Coastal Arts Festival (September 26): 10:00AM
— 6:00PM; Memorial Park, Tybee Arts Association. Discussion: Mayor pro
tem Doyle would like to ensure that the vehicles used to move the wares do
not leave ruts in Memorial Park. Sarah Bernzott approached mayor and
council to reassure them that the committee has made arrangements for
wagons and Mules to carry to wares so as not to leave ruts in the grass at
Memorial Park.
• Special Event Consideration: EVP Beach Bum Open Volleyball Tournament
(May 9): 8:00AM — 6:00PM; beach area south side of Walter W. Parker Pier
& Pavilion; EVP Tour Sports Endeavors
• Special Event Consideration: Healthy Kids Day and Bicycle Rodeo (May 9):
12:00 — 4:00PM; Memorial Park, Old School parking lot, Cafeteria, Bike
Parade (Lovell — 2nd — 5th — Streets); Tybee Island YMCA and Recreation
Department
• Special Event Consideration: 5th Annual Coastal Empire Beach Festival
(September 12): 9:00AM — 4:00PM: beach area south side of the Walter W.
Parker Pier & Pavilion and a portion of the 16th Street/Strand parking lot;
Surfers for Autism
• Special Event Consideration: New Year's Eve Fireworks (December 31 @
midnight); Walter W. Parker Pier & Pavilion; Visit Tybee
• US Marine Corp — MARSOC Agreement
• Budget amendment for the General Fund for $27,491 to re-allocate money
from the Human Resources Department
• Re-allocation $2,102 among departments in the Water and Sewer Fund
• Out of State Travel, Angela Hudson and a staff member to travel to Madison
Wisconsin to attend a seminar on "Developing and Implementing Effective
Municipal Capital Improvement Plans"
• Approval for an $11,211 budget amendment and a grade change that will
result in a salary increase of $1,567 for the rest of the year. Transferring the
Facilities Coordinator position from the Public Works Department to the
Finance Department. Discussion: Mayor pro tem Doyle expressed her
concerns with the additional duties in regards to the finance department. Ms.
Hudson confirmed that with the A/R, it will be on an "as needed basis" and
the preparation of the Infrastructure Committee Minutes will revert to the
Administrative Assistant, DPW. Ms. Schleicher confirmed.
• GEFA Deep Well Project: Updated Well Protection Permit Requested Letter
from City of Tybee Island. Infrastructure Committee recommended to city
council 3-0. Discussion: Mayor Buelterman stated it was his understanding
that once the well is completed the City would lease it from the State. Mr.
Wolff responded that it would be $1.00 per year and the City would be
responsible for permitting associated with withdrawal and discharge in terms
of water quality and restrictions from the State.
• Jones Avenue Waterline. Thomas and Hutton request for additional
engineering funding due to the extended construction time line; therefore
additional required engineering oversight of water line project. This is an
increase of $5,000 in water line oversight. Discussion: Ms. Schleicher
stated that the paving of Jones Avenue will commence the first week of April
2015.
• WWTP Sludge Digester Recommended Bidder: BRW Construction Company
is lowest responsible bidder at $1,049,449. Project is over initial budgeted
estimate of $777,000 due to recommended upgrades to specifications to
increase longevity of digester. Discussion: Chris Stovall, Thomas and
Hutton, approached mayor and council. He explained the new equipment,
budget increase, and personnel savings to the City. Mr. Stovall stated that
staff is currently working overtime on the project and with the new
equipment it will drastically reduce the need for overtime. Ms. Hudson
discussed the funding options and will bring to the Finance Committee.
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
• Posting of the Colors
• Pledge of Allegiance
• Invocation — Jessica Turberville, Tybee Island Youth Council
Report of Staff, Boards, Standing Committees and/or Invited Guests
Members of the Tybee Island Youth Council approached mayor and council to give a short
presentation on their activities since January 2015. Mayor Buelterman thanked them for their
work on Tybee Island.
Jim Kluttz, approached mayor and council to give an update on the Tybee Island Post
Theater. Mr. Kluttz stated that the Post Theater contracted with JT Turner Construction
Company of Savannah and the Theater will re-open in June. All the sub-contractors have been
contacted and met with. He continued by stating that all sub-contractors are current, been
paid, and want to continue with the construction of the Theater. Mr. Kluttz stated they are
looking forward to the opening of the Theater in June 2015.
Andrew Morris, GEFA, approached mayor and council to discuss the Deep Well Project.
Mr. Morris explained that they are currently in the design and permitting phase of the project.
He stated that the program, The Water Supply Program, was launched by Governor Deal in
January 2011 and included funding for state direct investments in projects of state or regional
significance. Mr. Morris stated that the well will be 4,000 feet deep which makes it a
significantly bigger endeavor than a floridan well and the cost is approximately $5M which
includes testing. The purpose from GEFA's perspective is to determine whether this aquifer is
suitable for use as a water supply. Mr. Morris gave a brief overview to include maps, schedules,
progress, and upcoming activities. There will be a thirty day test and the results will determine
if the water is suitable for drinking. The City will then determine the use of the well. If the City
decides to use the well, it will be responsible for the drinking water permitting; operation and
maintenance; and protecting the well. Mr. Wolff thanked Mr. Morris and everyone at GEFA for
their assistance in this project. There was a discussion regarding the quality and temperature
of the water that will be drawn from the well. Mr. Morris stated that the goal of the Governor's
Water Supply Program is to do things that individual communities may not have the financial
means and risk to take. Ms. Schleicher asked Mr. Morris if the City could post his presentation
to the City's website. He confirmed.
Sara Lane, Visit Tybee, approached mayor and council to share the work of Visit
Tybee for 2014. Ms. Lane encouraged mayor and council to review the 2014 Business
Plan which she distributed. She stated that in 2014 collections for hotel/motel indicated
that 2014 was the strongest year on record and continued to outline the 2014
Accolades received by Visit Tybee. Ms. Lane explained the statics of using social media
in the promotion of the City as well as different campaigns such as "Fall in Love with
Tybee". She thanked mayor and council or their continued support.
Citizens to Be Heard: Please limit comments to 3 minutes. Maximum
Allowable time is 5 minutes.
Pam O'Brien, approached mayor and council to address the Bid Request for North
Beach Public Amusements. Ms. O'Brien made reference to the North-end Cultural
Overlay District and urged mayor and council to locate commercial amusements in the
C-1 District on the south-end or the C-1 property, mid-Island, as there is no
commercially zoned property in the vicinity of north beach. She would ask mayor and
council not to pursue this amusement for the north end as what is really needed for the
north beach area are improved bathrooms and showers. There are also crossovers that
are in need of repair or replacement. Ms. O'Brien thanked mayor and council.
Frank Hardeman, The Hardeman Company — Was not present
Vicky Worden, Tybee Pool, approached mayor and council to give a presentation
and rendering of the proposed Tybee Island Pool. Ms. Worden thanked mayor and
council as well as the community for their support in their efforts to fund the proposed
multipurpose salt water heated pool. She explained that the pool fits perfectly in
Memorial Park where the volleyball courts are currently located. Ms. Worden would ask
the community to host a Splash Party which will acquaint those in each neighborhood
with the Tybee Pool issues. Mayor Buelterman thanked Ms. Worden for her
presentation.
Tim Arnold, approached mayor and council to support the need for a ban for
Smoking on the Beach. Mr. Arnold outlined the his reasoning for banning smoking
on the beach to include the toxins from butts thrown on the beach, harm to the fish
and wildlife, and finally litter. He stated in closing, asking if the City should rely on
enforcement alone to end the continuous assault of hundreds of thousands of butts on
our newly re-nourished beach or do we simply add smoking to our existing and
successful bans on dogs and glass. He asked mayor and council to do the right thing
for our beach, marine life, children, visitors, residents, and those sensitive to second
hand smoke by banning smoking on Tybee's beach.
Dave Cornelius, approached mayor and council to speak against the proposed North
Beach Amusements. Mr. Cornelius explained that the amusements would affect
parking for the Tybee Lite Shrine Club and could be detrimental to their attempt to
make money for the crippled and burned children. He further stated that it will be
putting too much in too little of a space. Mr. Cornelius again asked mayor and council
to not vote in favor of the proposed amusement. Mayor Buelterman thanked Mr.
Cornelius.
Renee DeRossett, approached mayor and council to speak on behalf of Smoking
and Littering on the Beach. Ms. DeRossett stated although she does not smoke she
has serious issues with making this a law. It is more important to educate the public
much as with plastic bags. She further stated that beach goers need to be provided
with receptacles for the cigarette butts which will also help with litter. Mayor
Buelterman thanked Ms. DeRossett.
Doug Grunwald, approached mayor and council to speak on the erosion on North
Beach. Mr. Grunwald asked mayor and council to add that area to the Federal Project
so sand can be added to the beach. Mayor Buelterman thanked Mr. Grunwald. Mayor
pro tem Doyle stated that she has spoken with the Beach Task Force regarding that
area and it has been included in their Action Item List. Ms. Schleicher stated that she
has spoken with Erik Olsen and he has agreed to craft an action plan which will include
a DNR permit. Mayor Buelterman encouraged Mr. Grunwald to attend the upcoming
Beach Task Force meetings and express his concerns.
Sue Bentley, Chair, Historic Preservation Commission, approached mayor and
council to speak on the item under Mr. Garbett's name regarding the creation of local
historic districts. Ms. Bentley stated that the preparation of these items is imperative to
allow the Historic Preservation Commission to move forward in establishing local historic
districts. She explained that local historic districts are the best way to safeguard our
historic resources. Ms. Bentley encouraged mayor and council to vote favorably.
Sara Jones approached mayor and council stating this is a very important step in
moving forward with safeguarding our historic resources. Ms. Jones explained that we
have historic districts in place which are not local but national districts. The national
districts do not safeguard anything and the local districts would provide the protection
for our historic resources. Mayor pro tem Doyle expressed her concerns and would like
to ensure there are sufficient meetings scheduled to keep the residents aware of the
districts if they are set up. She explained that there are senior citizens that have lived
on the Island all their life and if they want to do something to their home, they want to
do it and not wait for approval. Ms. Jones responded that the Commission is not going
to make a resident do anything they do not want to do. She continued that by drafting
these ordinances it is a way to move forward and educate the public as it is in writing.
It would define the local districts and let make everyone aware of what the Commission
hopes to do. Ms. Jones explained that each person within the local district would be
required to receive a piece of mail to their address stating when and where the public
hearings will be held. Mr. Brown asked if there will be restrictions such as downtown
Savannah. Ms. Jones stated no as it will not actually change from what is in place with
the exception if it is a historic house it will need to go through the same process as it
does now. Mayor pro tem Doyle relayed the concerns of the citizens on the Island as it
should be their choice not someone telling them they need to meet with the
Commission prior to replacing items such as a window. She is not against historic
preservation but has concerns for the residents. Ms. Jones replied there are changes in
regards to emergency repairs which are in the guidelines. She will be happy to reach
out to them to open a dialogue. Mayor Buelterman thanked Ms. Jones for explaining
the importance of the local historic districts.
Pam O'Brien approached mayor and council to speak against any law or ordinance
banning smoking on the beach. Ms. O'Brien would recommend education and voluntary
compliance.
Consideration of Bids, Contracts, Agreements and Expenditures
North Beach Amusements: Mayor Buelterman explained that in speaking with the city
attorney, the bid language was put in such a way that the highest bidder, i.e., whoever would
can give the City the more for the use of that property would have to be chosen. He added
that another option would be to choose neither and the process stop. Mr. Hughes confirmed
and explained that if a bidder was chosen they would still be required to go through the site
plan review process. Mayor Buelterman stated two proposals were received and a decision
would need to be made today. Mayor pro tern Doyle stated that she has received numerous
emails and texts regarding the amusements. She stated that she appreciates all the input and
emails as the residents do care about this Island. Mr. Wolff agreed and explained that it was
originally thought the north beach area would have the least impact but after listening to
residents he is convinced that neither of these uses is appropriate in that area. Mayor and
council need to stick with the character of north beach as a cultural, educational and
recreational facility with passive recreation such as swimming. Mr. Wolff also feels this would be
a determent to the neighborhood. Mr. Parks agreed and explained that he only received one
positive comment from the overwhelming consensus against this amusement. Barry Brown
made a motion to deny. Rob Callahan second. Vote was unanimous to deny, 6-0.
Paul Wolff made a motion to approve the consent agenda. Wanda Doyle seconded. Vote
was unanimous, 6-0.
Public Hearings
Annual Review of Private Parking Business. Mayor Buelterman explained that this
would be handled separately. He opened the public hearing for the Commercial Parking lots.
• Commercial
o Sunrise Parking
o Ocean Plaza Beach Resort
Wanda Doyle made a motion to approve. Barry Brown seconded. Vote was unanimous to
approve, 6-0.
Annual Review of Private Parking Business. Mayor Buelterman opened the public
hearing for those parking lots that are in a residential zone. .
• Residential
o Renee G. Bridges
o Bramble Family
o Joyce Prescott
o Jack Rosenberg
Mayor Buelterman asked for clarification of the restrictions for the previous year. Ms. Schleicher
stated that the operation of the parking lots was limited to Memorial Day, 4th of July and Labor
Day weekends. Marianne Bramble approached mayor and council to speak in favor of the
residential parking lots. She confirmed the previous year schedule which included 10 days. Ms.
Bramble would ask mayor and council to approve 32 days of operation from Memorial Day
through Labor Day weekend. Mr. Parks asked Ms. Schleicher if there have been any complaints
against any of these parking lots. Ms. Schleicher stated no. Mayor pro tem Doyle asked for
clarification with the ordinance if the days of operation were changed. Mr. Hughes responded
no. Mr. Wolff stated that as long as these lots are not causing a problem and providing a
service during the peak weekends of the summer, he does not have a problem with approval.
Ms. Prichard, 1006 Lovell, approached mayor and council to request clarification of the Bridges
parking lot as she has concerns regarding the proximity of the parking lot to her home. Ms.
Schleicher explained that the parking plan is enclosed in the packets and there would be no
additional construction at the site. Mr. Wolff stated that the way the private parking lots are
structured, there are no structural changes, no paving, nothing is going to be changed as these
lots have existed for several years. He then explained the operational hours and days. Ms.
Prichard thanked mayor and council. Russell Bridges approached mayor and council explained
the history of his private parking lot. He would also ask mayor and council for the consideration
of expanded days of operation. Paul Wolff made a motion to approve the four residential
parking lots and extend the days to 32 days between Memorial and Labor Day including the
weekends and the 3rd and 4th of July and everything else remains the same as specified in the
ordinance. Rob Callahan seconded. Voting in favor were Paul Wolff, Monty Parks, Rob
Callahan, Wanda Doyle and Bill Garbett. Voting against was Barry Brown. Vote was 5-1 to
approve.
Consideration of Ordinances, Resolutions
First and Second Reading, 11-2015, Sec 2-36; Compensation of mayor and
council members. Mayor Buelterman confirmed with Mr. Hughes, that as the
ordinance is currently written, this is the first and second reading. Mr. Hughes
confirmed. Mr. Garbett asked Mr. Hughes for an explanation of first and second
reading in one meeting. Mr. Hughes responded that under the ordinance and Charter,
mayor and council cannot adopt an ordinance the same day it is introduced. He
continued by explaining that on March 12, 2015 the ordinance was introduced and due
to the topic of the ordinance, must be advertised in a way where you advertise the date
it is going to be acted upon. Mayor Buelterman asked Mr. Hughes, that due to the
nature of the ordinance, would he recommend having second reading at another
meeting. Mr. Hughes stated that it would have to be re-advertised due to the State
law. He continued by explaining the State law and confirmed the City is in compliance.
Rob Callahan made a motion to approve. Bill Garbett seconded. Voting in favor
were Paul Wolff, Monty Parks, Rob Callahan, Wanda Doyle and Bill Garbett. Vote
against was Barry Brown. Vote was 5-1 to approve both first and second reading. Mr.
Hughes confirmed this was approved for first and second reading and will become
effective January 1, 2016 when the increase will go into effect for those then in office.
First Reading, 12-2015; Sec 12-1(c), Enforcement of rules and regulations.
Mayor Buelterman confirmed the effective change of the proposed ordinance. Mr.
Hughes stated this is to allow the designees of the City Marshall and/or the Tybee
Island Police Department to enforce the beach rules instead of the City Marshall or the
Tybee Island Police. Wanda Doyle made a motion to approve. Monty Parks
seconded. Vote was unanimous, 6-0.
First Reading, 13-2015; Sec 12-1(a) (19), Use of municipal beaches and
facilities. Mr. Callahan stated that he would like to reiterate Mr. Arnold's comments
earlier and ask for the support of mayor and council. He explained that almost 3/4 of
the litter on the beach is cigarette related litter and there have been several attempts in
the past to step up enforcement of the litter laws to no avail. He feels a ban of
smoking on the beach will solve the litter problem along with designated smoking areas
off the beach to include signage change to educate the public. Mr. Callahan
recommended the effective date would be January 1, 2016 which will give the City
opportunity to educate the public and have enforcement in place. Rob Callahan made
a motion to approve. Bill Garbett seconded. Discussion: Mayor pro tem Doyle
stated that she feels this is an enforcement nightmare as there is a limited budget
within the Tybee Island Police Department. With the certification and rules, it is
becoming difficult to get a pool of 25 individuals to be part of the Litter Patrol. Mayor
pro tem Doyle stated that it is her thought that by approving this ordinance it will be
punishing the residents of the Island who pay taxes as it is not the residents who are
littering but the day trippers. Tybee Island is a public beach and the City needs to
promote a friendly atmosphere and is against the proposed ordinance. She explained
that she is working with the City Manager as well as with DPW to procure containers for
the cigarette butts that were available in previous years. Mayor pro tem Doyle stated it
is about education and the City needs to continue to education the beach goers. She
would encourage mayor and council to deny first reading. Mr. Callahan rebutted stating
the beach communities he has been in contact with have reported absolutely no
enforcement problems. Mr. Brown stated he would like to give the foot patrol an
opportunity prior to adding another enforcement issue. Mr. Wolff recommended giving
the Litter Patrol an opportunity and if it does not work then go forward with a ban of
smoking on the beach if that is what it will take to have people stop littering on the
beach. He recommended moving forward in phases by stepping up litter patrols with
foot patrols with the authorized third parties other than the City Marshall and Tybee
Island Police Department to enforce and if it is not successful then revisit in the fall.
Mayor pro tem Doyle stated that the Litter Patrol was discussed at the recent Public
Safety Committee meeting and Chief Bryson has recruited a pool of people that are
police officers, certified officers, and will be patrolling the beach on foot and be
dedicated to the enforcement of litter control. She explained that interns from
Savannah State University are working with these officers who have written tickets.
The interns are not writing tickets but are eyes and ears for the police department.
With this in place, there will be a more stepped up enforcement to the litter on the
beach. Mr. Parks agreed with Mr. Wolff and Mayor pro tem Doyle. He confirmed that
the Litter Patrol needs to be post certified police officers. He would also recommend
giving the Litter Patrol a season and then review the results. Mr. Garbett stated he
does not feel this will be an enforcement problem. Mayor pro tem Doyle discussed the
fine for littering and feels this will help with the littering issue. Mayor Buelterman stated
that that there is a significant problem with ticketing someone that is smoking on the
beach and when it is revisited to review the fines. He would challenge mayor and
council to participate in a beach sweep during the summer. By doing this they can
gauge if the Litter Patrol is working and he will schedule a date for the beach sweep.
Voting in favor were Rob Callahan and Bill Garbett. Voting against were Paul Wolff,
Monty Parks, Wanda Doyle and Barry Brown. Motion failed 2-4.
Council, Officials and City Attorney Considerations and Comments
Mayor Buelterman expressed his concerns regarding Truck Traffic on north-end
of Island and would like it redirected off Meddin. Ms. Schleicher stated she would
check with the Historic Society as they had a plan around 2006. Mayor Buelterman
clarified that it is not only truck traffic but all traffic and would like to make that area a
more pedestrian and bike friendly area. A discussion ensued regarding the narrow
streets, one way streets and various other challenges. Mayor Buelterman asked Ms.
Schleicher to have the Tybee Island Bicycle Committee to look at this consideration and
bring back to mayor and council. This would also include a possible sidewalk. Ms.
Schleicher confirmed. Mayor Buelterman also asked Ms. Schleicher to have the
Infrastructure Committee to look at the intersection of Hwy 80 and Campbell as there is
no designated ingress and egress. Ms. Schleicher confirmed and will move forward.
Mayor Buelterman discussed his desire to place an American Flag at entrance to
Tybee Island. He would ask to move forward with the placement of a flag pole and
large flag that would be laminated so as not to have to lower the flag down at night.
Ms. Schleicher responded that due to the winds on the Island it would take an
aggressive budget to complete the project. Mayor Buelterman confirmed. Mr. Wolff
requested that the lighting be solar LED lights. Mayor Buelterman asked Ms. Schleicher
to have the Infrastructure Committee review this project and move forward. Mayor and
council confirmed.
Bill Garbett as mayor and council to Request city attorney to prepare items to
create local historic districts as recommended by the Historic Preservation
Commission. Mr. Garbett stated that the Historic Planning Commission has been
working for years to identify appropriate local historic districts. To have these prepared
correctly, it is mandated by state law that two public hearings are required and
notification of land owners and residents. Mr. Garbett requested that Mr. Hughes set
this in motion so the proposed historic districts can be brought forth for discussion.
Mayor Buelterman stated that the benefit would be for tax purposes and historic
preservation purposes. Mr. Garbett confirmed and explained there would now be
guidelines for historic properties in the districts. Mr. Hughes stated that (1) an
ordinance has to be prepared that has a map of the area; (2) public hearings need to
be advertised, which are advertised different than a typical zoning public hearing; and
(3) all this completed prior to adopting any district. As he understands, the Commission
has prepared maps to include the boundaries of the proposed districts which may have
all the owners identified. Mayor pro tem Doyle stated she would like more than public
hearings as residents need to see maps and be provided more information. Paul
Wolff made a motion to have the city attorney move forward with the preparation of
documents to create historic districts. Monty Parks seconded. Vote was unanimous,
6-0.
Mayor pro tern Doyle stated that she feels moving forward with the Litter Patrol is
a positive move and feels she addressed all her concerns earlier in the meeting.
Monty Parks stated that the Pool Update addressed by Vicky Worden earlier in the
meeting.
Paul Wolff made a motion to adjourn to Executive Session to discuss personnel. Wanda
Doyle seconded. Vote was unanimous, 6-0.
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 10:40PM.
Janet LeViner
Clerk of Council