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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