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HomeMy Public PortalAbout050_010_20160922Minutes.pdfCity Council Minutes September 22, 2016 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on September 22, 2016. Those present were Julie Livingston, Monty Parks, John Major, and Barry Brown. Also attending were Diane Schleicher, City Manager; Bubba Hughes, City Attorney; Angela Hudson, Director, Finance Department; and Janet LeViner, Clerk of Council. Wanda Doyle and Bill Garbett were excused due to traveling. Mayor Buelterman listed the following items on the consent agenda: • September 9, 2016, City Council Meeting • Susan Estroff, Historic Preservation Committee • Alcohol License Request: Special Event – Beer and Wine – Tybee Pirate Fest. Location of Event: Tybee SEABAR, Inc., 16th Street Parking Lot, October 7th, 8th, and 9th , 2016 • To request the City Council’s approval of the City’s internal travel policies and procedures. Discussion: John Major stated there are minor corrections and formatting issues that have been forwarded to Ms. Schleicher. Ms. Schleicher acknowledged and explained they have been forwarded to Ms. Hudson. Approved contingent upon the corrections being made. • To request that the City Council’s approval of a proposal from Palmette Fire Apparatus for $95,000 to purchase a used fire pumper, using $30,667 from the current vehicle budget in the SPLOST 2014 fund. Discussion: Barry Brown requested the fire pumper that is currently parked next to the fire station be moved as it is the one involved in the accident. Ms. Schleicher confirmed and will have it moved as soon as an appropriate location can be found. • Resolution – Pirates Fest Festival Resolution. Discussion: Ms. Schleicher stated this Resolution is much the same as in previous years only this year the City will control the sale of the wristbands. She explained the Tybee Island Police Department will sell the wristbands which will create more of a presence of the officers. • Ante Litem Notice, Sharon Carson. Discussion: Mr. Hughes stated this is the same Ante Litem Notice that has been sent to every municipality in Chatham County to include Chatham County under the theory this is a CNT operation and municipality officers were involved. This was not a CNT operation, there was no Tybee Island officer involved, therefore his recommendation is TO REJECT Ante Litem and he will notify the attorney accordingly. • Establish date for Independence Day Fireworks in 2017. DISCUSSION: Fireworks to be held on 4th of July 2017 due to public safety concerns. 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 – Tybee Island Youth Council • Pledge of Allegiance – Tybee Island Youth Council • Invocation – Fr. Tom, St Michael’s Catholic Church Mayor Buelterman read a press release from Steven Clark, Executive Director, GEFA regarding the Coastal Well Project on Tybee Island. He read: “GEFA is taking an incremental approach to evaluate the viability of the Coastal Well and its current state which after the partial collapse is at a depth of approximately 3,015 ft. They are currently analyzing the part of the well that is functional within the cretaceous aquifer to estimate what the well might produce if the preliminary production estimates indicate that an additional analysis is warranted the well will be developed further to determine its actual production and will continue to provide periodic updates.” Mayor Buelterman stated he will forward as updates become available. Mayor Buelterman recognized Pam Helton, GMA, as she is visiting our City. Swearing In Ceremony – Tybee Island Youth Council. Jan LeViner, City Clerk/Director, Tybee Island Youth Council approached Mayor and Council. She was joined by Mayor Buelterman and Haley Hill, Assistant Director, Tybee Island Youth Council. Mayor Buelterman administered the Oath to the members of the Youth Council as well as the officers and thanked them for having an interest in the Youth Council. Ms. LeViner and Ms. Hill recognized the outgoing officers, Jessica Turberville, President; Joey Webster, Vice President; and MiKaree Stafford, Liaison to Mayor and Council with a Certificate of Appreciation for their service. Mayor Buelterman presented Ms. Hill with a Certificate of Appreciation for her work with the community through the YMCA and Tybee Island Youth Council. Ms. LeViner and Ms. Hill explained the upcoming projects for the Youth Council which includes installing mechanisms on the beach with plantings which will build dunes in the hot spots on the beach. They will need to monitor the areas for dune growth as well as monitor the plantings. Ms. Hill stated the Senior Advisors will work to make Jaycee Park more youth friendly and present their recommendations to Mayor and Council at the March 2017 City Council meeting. Aliyah Dorsey, Chairperson, Chatham County Youth Commission approached Mayor and Council and thanked the members of the Tybee Island Youth Council for taking an active part in their community. Mayor Buelterman thanked everyone and especially the parents for their involvement in the Youth Council. Consideration of Bids, Contracts, Agreements and Expenditures T-Mobile Lease Amendment – This lease is an amendment to the existing T-Mobile lease for equipment located on the water tank at 111 Butler Avenue and will increase the monthly income of $3,118 by 5% to $3,274/month due to the additional requested equipment. Explanation: 505-00-38-1002 Tower Space Revenue. Mayor Buelterman asked Ms. Schleicher the renewal schedule for the other cell towers on the Island. Ms. Schleicher stated she did not have the information but will have staff forward to Mayor and Council. Mr. Major asked for clarification of the attachments in the packet. Ms. Schleicher explained the attachments as she wanted to ensure Mayor and Council had all pertinent information regarding the proposed lease. Mayor Buelterman confirmed with Ms. Hudson the funds are going to the Water/Sewer Department rather than Green Space. Monty Parks made a motion to approve. Barry Brown seconded. Vote was unanimous, 4-0. Memorial Park Restroom Construction Contract – Arentz General Contracting – Infrastructure Committee recommended base bid and Alternate #2 – glazed block interior finish and to consider using 24 gauge Max-Rib Galv. Aluminum for the roofing material which is the same at the new pavilion. Need approval of the contractor with roof change and approval of Alternate #2, approval for mayor to sign a contract with contractor contingent on legal approval, need approval of using 2014 SPLOST for project. Explanation: Total contract cost of $286,538.50 if they approve the options that we have discussed [(Base Bid) + (Bid Alt #2) + (50% of bust requested relief) – (VE option)]. This is more than what was budgeted in the 2008 SPLOST for the Memorial Park Restrooms, so infrastructure committee recommends using 2014 SPLOST that was planned for the Jaycee Park Restrooms and Storage to pay for the Memorial Park Restrooms. City Council can budget for the Jaycee Park Restrooms in FY 18 from the 2014 SPLOST. Budget Line Item Number (if applicable): 322-6125-54-2100 (2014 SPLOST) and 320-6125-54-2100 (2008 SPLOST). Ms. Schleicher confirmed the renovation of bathrooms in Jaycee Park will be postponed until next budget cycle due to the increased cost for Memorial Park Restrooms. In this way there will not be a need for an additional mobile bathroom. Mayor Buelterman confirmed with Ms. Schleicher that the roof materials are being changed as it is more cost effective. Ms. Schleicher responded that after a discussion with the contractor it was recommended the roofing materials be changed. She continued that no other internal changes have been made. Mayor Buelterman asked Ms. Schleicher to explain the increase in the original budget. Ms. Schleicher stated the footprint and size was increased as well as glazed block added to the scope which caused the additional funding. Monty Parks made a motion to approve. John Major seconded. Vote was unanimous, 4-0. To receive directives from the City Council regarding amending the FY2017 General Fund budget to renovate the city hall building upon their review of the FY 2016 General Fund’s net earnings of $1,298,627. Mr. Major asked Ms. Hudson if Mayor and Council moves forward with this request, will the general fund balance be reduced by $1,298,627. Ms. Hudson confirmed. She further explained it is not anticipation the amount will be used as she is estimating the project not to exceed $900,000. Mayor Buelterman confirmed this agenda item is not authorizing Staff to move forward with construction but to only to move forward with preparing a budget for the project. Mr. Parks stated he is not in favor of this expenditure until a report is received recommending the amount needed in reserve for expenditures in case of an emergency. Mayor Buelterman confirmed. Mr. Major stated the beginning fund balance for the beginning of the fiscal year is $6,759,174 and if the City moves forward with the renovation and the fund balance is adjusted, it will be $5,733,706 which is a reduction of $1,025,668. Ms. Hudson confirmed. Mayor pro tem Brown asked Ms. Hudson when she expected the report from the firm regarding the amount of money needed for the City to continue if hit by a hurricane. Ms. Hudson responded originally it was a six month project and she will reach out to them for status. Mayor Buelterman is in favor of the renovation of City Hall and would like to move forward but not at the expense of the Reserve Fund. He asked Ms. Hudson to bring back an estimated time frame for the report to be completed at the October 27, 2016 City Council meeting. Ms. Hudson confirmed. There was a brief discussion regarding the FEMA requirements and total cost of the project. Ms. Hudson stated the cost of the walls are separate as the limitation of the 50% is based on construction cost which would be $465,985 as that is half the appraised value of the building. The dirt walls are considered furnishings as they are moveable. Mayor pro tem Brown stated he is working with Mr. Shaw and they derived the cost per square foot would be $50.00 to renovate City Hall. He recommended Ms. Hudson get a linear footage price and they meet to further discuss. DEFERRED. To be heard on the October 27, 2016 agenda. To request the City Council’s approval of an employee purchasing card policy for full time employees under the supervision of the City Manager. Mr. Major stated he forwarded minor edits to Ms. Schleicher. Ms. Schleicher confirmed and explained there are two options before Mayor and Council. Option 2 is the closest to what is being done currently. There was a short discussion regarding the spending limit for each department. Ms. Hudson recommended Option 2 as it gives staff flexibility. Mr. Major questioned the staff member from Public Works Department that has a $50,000 a month spending limit. Ms. Hudson explained the level is due to possible emergency purchases over a weekend. Ms. Livingston confirmed the new cards are credit cards and not debit cards. Ms. Hudson confirmed. Monty Parks made a motion to approve as amended using Option 2 and to correct amount associated with the Public Works employee of a limit of $50,000. Julie Livingston seconded. Vote was unanimous, 4-0. Revision to the policy on overtime/compensatory time off; approval and designation for public safety personnel to comply with the FLSA standards. Mayor Buelterman asked Ms. Schleicher if this will result in a pay decrease for any member of Staff. Ms. Schleicher confirmed. She stated the reasoning behind the proposed policy is the hiring of the firefighters. The firefighters will not see a decrease but the Tybee Island Police Department (TIPD) would not be paid for the six hours every two weeks of planned overtime as they have an unusual schedule. Ms. Hudson stated Staff does not plan to have overtime all the time. The TIPD budget last fiscal year was $50,000 and their expenditures were well over budget. Ms. Schleicher stated this is due to the events on the Island where the officers are asked to work. Currently, the City has a more generous policy than is required by law. The Fair Labor Standards have a lower threshold and the City is above that threshold. Ms. Hudson stated the services provided by the TIPD are not being reimbursed as it is in-kind and the fees have been waived. Mayor Buelterman commended the members of the TIPD for their service to the community and express his concerns with the possibility of cutting their pay. Ms. Hudson stated the advantage to a public safety position is they have automatic promotions and pay raises where other employees do not. Ms. Livingston asked if there has been feedback from the officers. Ms. Schleicher stated she met with Chief Bryson, TIPD, and Chief Fields, TIFD to get their viewpoints. Chief Bryson thanked the City for being generous with the paying of overtime as most municipalities do not. He also uses this benefit as a recruiting tool. Ms. Elliott approached Mayor and Council to answer any questions and address concerns. She stated the officers work three 12 hour shifts one week and the following week four 12 hour shifts which equates to 84 hours of which 4 are overtime. Mr. Major asked what would be the financial impact for the typical officer if the changes are made. Ms. Schleicher gave an example if the officer salary was $20 per hour for overtime that would be $30 per hour. For the 6 hours, the officers would lose approximately $60 per pay period. Mayor pro tem Brown stated if a person that is hourly works over forty hours they should be compensated appropriately. Ms. Hudson stated if there are no changes the overtime budget needs to be adjusted as they were over budget by $33,000. Mayor Buelterman shared his concerns regarding the need for overtime during special events. Ms. Schleicher stated 80 hour per two weeks is mandatory and the officers might have flexibility with overtime. Ms. Elliott responded that she is not aware of any other municipality that pays public safety employees 80 hours. Mayor Buelterman recommended the Public Safety Committee review and brings their recommendation to Mayor and Council at a future council meeting. Mr. Hughes recommended Mayor and Council approve the fire fighter portion. Ms. Schleicher confirmed. Mayor pro tem Brown asked Ms. Elliott if it is more beneficial if the TIPD go to three shifts. Ms. Elliott responded that she spoke with Chief Bryson regarding an 8 hour shift, keeping them to 80 hours every two weeks, therefore no overtime. Mayor Buelterman called for a motion. Monty Parks made a motion to approve the fire fighter portion only and consider additional review by the Public Safety Committee regarding the Police Department. Barry Brown seconded. Vote was unanimous, 4-0. Monty Parks made a motion to approve the consent agenda. Barry Brown seconded. Vote was unanimous, 4-0. Council, Officials and City Attorney Considerations and Comments Mayor Buelterman stated it is his understanding the Infrastructure Committee has met regarding the Pedestrian Friendly North-end and South-end and the Beachside of Butler, 14th, 15th, 17th and 18th Streets Safety Improvements. He would like to ensure the City is moving forward with both issues. Mr. Parks requested the area between Butler Avenue and Lovell Avenue is included as there are public safety issues. Ms. Schleicher confirmed that the topics will be included in the future Public Safety Committee agenda. Mr. Parks publically thanked Ava McNally for bringing the safety concerns to Mayor and Council on 14th Street. Mayor Buelterman recommended a means for the purchase of a Gift Card to purchase Parking Passes. Ms. Schleicher responded the recipient would need to come to City Hall and fill out the proper form and a decal could be purchased with a gift card. Mayor Buelterman recommended Staff investigate the process to Apply for State Program for Highway 80 as Greenway and brings back recommendations to a future workshop. Trade Center Hotel/Motel Tax Authorization. Mayor Buelterman stated the proposal before them is the same the City of Savannah has approved contingent upon the other municipalities approving. Chatham County has already agreed to a 50 year agreement and what is being asked of Mayor and Council is to approve a 20 year agreement. He explained the Trade Center would like to expand the facility and in order to expand they are requesting a long term commitment. Mayor Buelterman stated if there was a way to legally direct more of this money to the City, he would recommend consideration. As there is not additionally going forward would assist the City with the issues at hand such as the deep well, beach re- nourishment, matching funds for the $3M study the federal government wants to do to extend the beach re-nourishment project plus other projects. Mr. Parks stated the Tourism Council understands the need for the commitment. Mayor Buelterman stated there are two questions: (1) Issues with the extension if the City tax is raised to 7 cents which is resolved in relationship to the Authorization. Mr. Hughes stated the contract as proposed would have to be adjusted to accommodate that as long as the percentage to the Trade Center would not change and (2) reporting issues. Ms. Schleicher responded those have been resolved. Mr. Hughes stated this is an Amendment much like in the past to extend the contract. He continued, that under the state law, if the City collects 6% they are required to pay 1% to the Trade Center whether there is a contract or not in place. The contingency of having possibly pursuing a change in the rate of tax, that provision would be where it needs to be altered. Mayor Buelterman confirmed. Ms. Hudson explained with the law, any non-profit the City includes in the budget, is required to submit a budget for approval on how they are spending the money. Mayor Buelterman recommended approval. Mr. Hughes confirmed the contract would be for 20 years or until the Trade Center ceases to perform the purposes under the Act. Monty Parks made a motion to approve as amended for a twenty year commitment and contingent upon the possibility of changing the clause to pursue possible revising the City of Tybee’s rates which would not impact the Trade Center receiving 1%. Julie Livingston seconded. Discussion: Mr. Major asked for clarification regarding the rates whether it be 7%, 8% or higher. Mr. Parks stated the Tourism Council is in favor or moving forward with the approval of the contract. Mayor Buelterman discussed the benefits of the contract as it will provide funds, both capital and operating. He stated that Ms. Doyle is supportive of the approval as is Mr. Garbett. Vote was unanimous, 4-0. Monty Parks stated he was recently involved in a music event at the pavilion and recommended Ms. Schleicher look into purchasing fans for large pavilion in Memorial Park. Ms. Schleicher confirmed and will work with the Infrastructure Committee for pricing and installation. Closed doors required for bars with entertainment. Monty Parks stated in the current ordinances there is a noise ordinance for commercial areas, you are to be less than 75db at the property line. Also, there is a nuisance ordinance where Sec 12 states entertainment centers must have the doors closed. He recommends that instead of having two noise ordinances, there be one that requires noise no more than 75db at the property line, let the doors be open, and if there is a complaint, enforce the current noise ordinance. This will promote a better feel especially on 15th Street. Mayor pro tem Brown recommended the decibel reading take place from the property line of the establishment. Mr. Major recommended a text amendment and in this way there would be a public hearing and have input. Mayor Buelterman confirmed. John Major stated the CRC has been reinstated and advertised for membership. Currently there are four members which is not a quorum. He that with the Master Plan and new Carrying Capacity Study there are over 200 recommended action items. His recommendation that a new committee be formed, Master Plan Implementation Committee, to review the action items and ensure the City is staying on task. The CRC would then be disbanded. Mr. Parks stated he is in favor of the recommendation for a new committee but would like to see the CRC remain and pursue one more membership drive. Mr. Major confirmed. Julie Livingston made a motion to adjourn to Executive Session to discuss litigation, real estate acquisition and personnel. John Major seconded. Vote was unanimous, 4-0. Barry Brown made a motion to return to regular session. Monty Parks seconded. Vote was unanimous, 4-0. Monty Parks made a motion to adjourn. Barry Brown seconded. Vote was unanimous, 4-0. Meeting adjourned at 9:15PM _____________________________________ Janet R. LeViner, CMC City Clerk ____________________________________ Jason Buelterman, Mayor