HomeMy Public PortalAbout050_010_20170112Minutes (2).pdfCity Council Minutes 20161027
Consideration of Items for Consent Agenda
Mayor Buelterman called the consent agenda to order at 6:30PM on January 12, 2017. Those present were Julie Livingston, Monty Parks, John Major, Wanda Doyle, Barry Brown and Bill
Garbett. Also attending were Diane Schleicher, City Manager; Bubba Hughes, City Attorney;
George Shaw, Director, Community Development; and Janet LeViner, Clerk of Council.
Mayor Buelterman listed the following items on the consent agenda:
• Minutes, Special City Council Meeting November 30, 2016, As Amended
• Minutes, Special City Council Meeting, December 6, 2016
• Minutes, City Council Meeting, December 8, 2016
• Minutes, Special City Council Meeting, December 21, 2016
• Beachview Bed and Breakfast: Beer/Wine/Liquor – Sunday Sales by Drink for Consumption on Premises Only, 2017. Alcohol and Entertainment Licensing approved
for 2017 on December 8, 2016
• Intergovernmental Hold Harmless Agreement, Conditional Approval of Private Property Debris Removal
• North Beach Parking Lot Post Hurricane Restoration Project. Discussion: The
Infrastructure Committee recommended approval. Ms. Livingston asked Ms. Schleicher
to bring to the next council meeting the plan for the parking lot to show sidewalks, etc.
Ms. Schleicher confirmed.
• Water Line Replacement Project: Request for extended work hours (some night time
work during the weekdays) for this Public Works Project during the months of January, February, March and April of 2017 in order to get the section of the water line in the
parking lane on Highway 80 from the Curve to the North Campbell intersection before
the GDOT resurfacing project begins this spring. Discussion: Mayor Buelterman asked
Ms. Schleicher to get a written paving schedule from the Department of Transportation
to ensure paving is completed prior to the summer season. Ms. Schleicher confirmed.
• Resolution, Conditional approval of Private Property Debris Removal
• Second Reading, 2017-02-Sec 3-080, Off-Street Parking 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
• In Memorial 2016
• Invocation Susan Hill
• Pledge of Allegiance
Recognitions and Proclamations Post Office, Tybee Island, GA. Deferred to February 2017
Consideration of Boards, Commissions and Committee Appointments (ballots attached)
Tybee Island Planning Commission (3 seats open).
• Marianne Bramble (re-appointment)
• John Branigin
" C h a r l e s M a t l o c k ( r e - a p p o i n t m e n t )
" D a v i d M c N a u g h t o n ( r e - a p p o i n t m e n t )
" A l a n R o b e r t s o n
J a n L e V i n e r , C l e r k , r e a d t h e r e s u l t s o f t h e v o t e :
" M a r i a n n e B r a m b l e r e c e i v i n g 3 v o t e s
" J o h n B r a n i g i n r e c e i v i n g 2 v o t e s
" C h a r l e s M a t l o c k r e c e i v i n g 4 v o t e s
" D a v i d M c N a u g h t o n r e c e i v i n g 5 v o t e s
" A l a n R o b e r t s o n r e c e i v i n g 5 v o t e s
M a y o r B u e l t e r m a n v o t e d i n t h e a f f i r m a t i v e f o r C h a r l e s M a t l o c k .
B i l l G a r b e t t m a d e a m o t i o n t o a p p r o v e C h a r l e s M a t l o c k , D a v i d M c N a u g h t o n a n d A l a n
R o b e r t s o n f o r t h e P l a n n i n g C o m m i s s i o n . J o h n M a j o r s e c o n d e d . V o t e w a s u n a n i m o u s , 6 - 0 .
D o w n t o w n A u t h o r i t y / M a i n S t r e e t B O D ( 2 s e a t s o p e n ) ( B a l l o t s a t t a c h e d )
" S a r a h B e r n z o t t
" M a r i a n n e B r a m b l e
J a n L e V i n e r , C l e r k , r e a d t h e r e s u l t s o f t h e v o t e . E a c h c a n d i d a t e r e c e i v e d 6 v o t e s . B i l l
G a r b e t t m a d e a m o t i o n t o a p p r o v e S a r a h B e r n z o t t a n d M a r i a n n e B r a m b l e t o t h e D o w n t o w n
A u t h o r i t y / M a i n S t r e e t B O D . J o h n M a j o r s e c o n d e d . V o t e w a s u n a n i m o u s , 6 - 0 .
E t h i c s C o m m i s s i o n ( 4 s e a t s o p e n ) ( B a l l o t s a t t a c h e d )
" K a t h e r i n e G a r l i n g t o n ( r e - a p p o i n t m e n t )
" M i c h a e l P a p p a s ( r e - a p p o i n t m e n t )
" L y n d a S t o l l e r
" F r a n c e s K a y S t r i c k l a n d ( r e - a p p o i n t m e n t )
" S h e l d o n T e n e n b a u m
J a n L e V i n e r , C l e r k , r e a d t h e r e s u l t s o f t h e v o t e :
" K a t h e r i n e G a r l i n g t o n r e c e i v i n g 5 v o t e s
" M i c h a e l P a p p a s r e c e i v i n g 5 v o t e s
" L y n d a S t r o l l e r r e c e i v i n g 4 v o t e s
" F r a n c e s K a y S t r i c k l a n d r e c e i v i n g 5 v o t e s
" S h e l d o n T e n e n b a u m r e c e i v i n g 4 v o t e s
M a y o r B u e l t e r m a n v o t e d i n t h e a f f i r m a t i v e f o r S h e l d o n T e n e n b a u m . J o h n M a j o r m a d e a m o t i o n t o a p p r o v e K a t h e r i n e G a r l i n g t o n , M i c h a e l P a p p a s , F r a n c e s K a y
S t r i c k l a n d a n d S h e l d o n T e n e n b a u m t o t h e E t h i c s C o m m i s s i o n . J u l i e L i v i n g s t o n s e c o n d e d .
V o t e w a s u n a n i m o u s , 6 - 0 .
R e p o r t s o f S t a f f , B o a r d s , S t a n d i n g C o m m i t t e e s a n d / o r G u e s t s M e r e d i t h L i p t o n , C P A , P a r t n e r o f M a u d l i n & J e n k i n s , L L C a p p r o a c h e d M a y o r a n d C o u n c i l
t o p r e s e n t t h e a n n u a l J u n e 3 0 , 2 0 1 6 a u d i t e d F i n a n c i a l S t a t e m e n t s t o t h e C i t y
C o u n c i l . M s . L i p t o n s t a t e d M a y o r a n d C o u n c i l h a v e r e c e i v e d a c o p y o f t h e A u d i t a n d g a v e a b r i e f s u m m a r y a n d c o m p l i m e n t e d M s . H u d s o n f o r h e r w o r k w i t h t h e b u d g e t a n d m a n a g i n g C i t y
f u n d s . M s . L i p t o n e x p l a i n e d t h e F u n d B a l a n c e i s a t $ 8 . 1 M w h i c h i s s t r o n g a n d w o u l d b e a 1 0
m o n t h r e s e r v e . T h e r e w a s a s h o r t d i s c u s s i o n r e g a r d i n g f u t u r e a c c o u n t i n g p r a c t i c e s o f t h e
M u n i c i p a l C o u r t w h i c h o n c e i n p l a c e w i l l e n s u r e p r o p e r r e c o r d k e e p i n g . M s . L i p t o n
c o n g r a t u l a t e d t h e C i t y a s t h e r e w e r e n o o t h e r f i n d i n g s o r r e c o m m e n d a t i o n s . M a y o r a n d C o u n c i l
t h a n k e d M s . H u d s o n a n d h e r s t a f f f o r a l l t h e i r h a r d w o r k .
S a r a h J o n e s a n d C h a n t e l M o r t o n a p p r o a c h e d M a y o r a n d C o u n c i l t o g i v e a n o v e r v i e w o n H i s t o r i c P r e s e r v a t i o n w h i c h i n c l u d e s t h e R e s o u r c e s S u r v e y f o r P h a s e I a n d I I . M s . M o r t o n
stated that Surveys can be found at City Hall and Tybee Island Library. Ms. Jones gave a brief
presentation on “Why We Focus on Preservation”. She explained that preservation gives a
sense of place for our citizens and provides economic stability. Mayor Buelterman thanked Ms.
Jones and Ms. Morton.
John Branigin approached Mayor and Council to speak in opposition of the proposed
Ordinance, 2017-3, Alcohol Consumption (attached). He expressed his concerns with the
enforcement of the proposed ordinance as currently other ordinances are in place which needs
to be enforced. Mayor Buelterman responded this is a result of not only past shootings but bad
behavior during the spring break months. Recommendations were brought forward in the past
to ban alcohol consumption which were not acted upon. He stated the does not have an issue
with spring breakers but does not want the City to become a spring break destination. His main concerns are with Orange Crush. Mayor Buelterman stated he wants to stop Orange Crush and
is open to other recommendations. Mr. Branigin responded that according to Chief Bryson,
alcohol is not a problem with Orange Crush; it is guns, drugs and lewd behavior. He
recommended that aggressive and effective enforcement of the current ordinances will send a message that Tybee Island will not tolerate bad behavior. Mayor Buelterman thanked Mr.
Branigin for his recommendations.
Kathryn Williams approached Mayor and Council to commend Angela Hudson and staff on a
positive 2017 Audit Report. Ms. Williams stated in the past there were numerous reportable
conditions regarding the audit and with the current Finance Director and Staff there is a
tremendous improvement. She would like to commend Ms. Hudson, the City Manager and staff
for their diligence and attention to these matters. Mayor Buelterman thanked Ms. Williams.
Monty Parks made a motion to approve the consent agenda. Wanda Doyle seconded. Vote
was unanimous, 6-0.
Public Hearings
1113 Venetian Drive, Minor Subdivision: Combine 3 lots and subdivide into 2 lots.
Zone R-2; PIN 4-0012-01-001; Christopher and Melissa Freeman. Mr. Shaw
approached Mayor and Council explaining the proposed Minor Subdivision. He stated it is the
petitioners desire to combine three lots and then subdivide into two. He indicated the Planning
Commission unanimously approved this request and Staff supports as well. Mr. Major confirmed this has previously been before Mayor and Council as the variance request has
expired and the plat was not recorded. Mr. Shaw stated this will now become an implied
variance in regards to the second lot and the only requirements the owner(s) would have to
meet are the set-back requirements with new construction. Barry Brown made a motion to
approve. John Major seconded. Vote was unanimous, 6-0.
Text Amendment: Sec 3-090, Schedule of Development Regulations to address height limitations. Mayor Buelterman stated it is his understanding the Planning
Commission is requesting the proposed ordinance be continued. Ms. Doyle commended the
Planning Commission for their due diligence. Monty Parks made a motion to send back to the
Planning Commission for additional review. Barry Brown seconded. Vote was unanimous, 6-
0.
Consideration of Bids, Contracts, Agreements and Expenditures
Bid #2016 – 691, Repairs to Gymnasium Building; Budget Line Item Number: 100-00-11-1999. Diane Schleicher stated this is being withdrawn as a separate roof bid is
being done. Mayor Buelterman asked if there was any hurricane damage. Ms. Schleicher
responded that the damages to the gym building are due to the hurricane. She also confirmed
this is eligible for reimbursement. Mayor pro tem Brown stated the roof is leaking every time it
rains. Withdrawn, No Action Taken
Consideration of Ordinances, Resolutions Resolution, Comcast, Franchise Agreement. Mayor Buelterman asked Mr. Hughes for a
clarification. Mr. Hughes stated Comcast is currently paying the 5% franchise fee for video
service in addition to the cable service. The City is not currently in their franchise territory
under their State Certificate and this will be a benefit to the City as it will increase revenue. Wanda Doyle made a motion to approve. Monty Parks seconded. Vote was unanimous, 6-
0.
First Reading, 2017-A-03, Sec 6-8, Alcohol Consumption. Ms. Doyle stated the current
Tybee Island Police Department is doing the best possible job they can but with the influx of
Orange Crush and spring breakers on the beach and parking lots it is extremely hard to control the people. She does not recommend a ban of alcohol on the beach but does recommend
hiring qualified officers which can be sworn in and write tickets. Mr. Major expressed his
concerns with not banning alcohol and feels restricting alcohol is worth trying. He supports the banning of alcohol on the beach. Mayor Buelterman commended Chief Bryson for his diligence
in finding officers to work during Orange Crush to ensure public safety and crowd control.
Mayor pro tem Brown recommended stopping access to the Island when capacity is reached to
help with traffic. Mr. Garbett spoke in favor of the proposed ordinance and recommended moving forward with the control of alcohol consumption. Mr. Major expressed his concerns with
the size of the permitted container. Ms. Doyle stated she contacted several establishments and
they use 16 oz. containers. Mr. Parks stated his preference would be the proposed ordinance is
amenable to everyone. Ms. Livingston expressed her concerns as this could be a bad time for
the businesses with a possible ban, as the events could move to Memorial Park or other City
parks and away from their establishments. She stated Mayor and Council cannot continue to do
nothing. Other venues have put a ban in place to deter this behavior which will alleviate problems and hopefully avoid a tragedy. Mr. Garbett stated the proposed ordinance does not
ban alcohol from public parks, parking lots, streets and public beaches. Bill Garbett made a
motion to approve as amended to include parking lots adjacent to the beaches; to change
the container size to 18 oz.; and to extend through the first Saturday in May (March, April and
through the first Saturday in May). John Major seconded. Discussion: Mayor pro tem
Brown recommended more law enforcement; do not allow visitors on the Island when parking is
at capacity; and no parking on Butler Avenue which will give better police presence. Voting in favor were Julie Livingston, John Major and Bill Garbett. Voting against were Monty Parks,
Wanda Doyle and Barry Brown. Mayor Buelterman voting in the affirmative, motion passed 4-3.
First Reading, 2017-05, Sec 23-1, Ethics. Mr. Hughes stated there are significant changes which include the positions Mayor and Council control: City Attorney; City Judge; Clerk and City
Manager. Changes were made in regards to procedures which is included in the red-line
version in their packets before them. Mr. Hughes stated everyone is subject to the same standard of behavior and the distinction is where the complaint is directed. Complaints against
City employees are directed the City Manager and not to the Ethics Commission. He
continued, the only complaints that are heard by the Ethics Commission are Mayor and Council,
City Attorney, City Manager, Judge and City Clerk. Mayor Buelterman asked if attorney fees
would not be subsidized by the City. Mr. Hughes confirmed. Danny Hill approached Mayor
and Council to answer questions. Mr. Hill made reference to the memorandum sent to Mayor
and Council outlining changes which is included in the packet before them. He made reference
to the time of year complaints could be filed and it is the recommendation of the Ethics
Commission there not be any time of the year ethics complaints cannot be filed. Delay would
deny the public knowledge of any pending ethics violation. Another recommendation from the
Ethics Commission is any member of another organization will be allowed to serve on the Commission. There might be an occasion when a member of the Ethics Commission would
recuse themselves from a complaint and would be considered on a case by case basis. Mr. Hill
stated the Ethics Commission also recommended that neither the party initiating the complaint
nor the respondent shall seek compensation or be granted compensation from the City for their
legal fees and expenses. Mr. Major asked Mr. Hughes for clarification of the payment of legal
fees. Mr. Hughes stated due to the City being responsible for legal fees in the past and not
being addressed, it was recommended clarification is needed. By definition, unethical behavior is outside the scope of the responsibility of the office. Ms. Doyle expressed her disappointment
in the proposed changes as she will not support the proposed ordinance as written. Ms.
Livingston commended the Ethics Commission for their work but feels the Commission can be
used in the negative. In researching other municipalities that have ethics ordinances, they have black-out dates, which would be used as a tool to possibly affect an election. Ms. Livingston
would like black-out dates included in the proposed ordinance. Mr. Major supports black-out
dates. Mr. Hill disagrees with a black-out period as an ethics claim needs to be heard when it is filed and not postponed until after the election cycle. Mr. Major disagreed as someone could
file an inaccurate charge which could affect the election. Mr. Hill clarified that with the
proposed ordinance there is a section that allows for an informal meeting to discuss the charge
prior to it going forward. Mayor pro tem Brown asked Mr. Hill if there was consequences for
anyone filing an inaccurate charge which could possibly affect a council member. Mr. Hill
responded no. Mayor Buelterman thanked Mr. Hill for his hard work. He recommended
putting a cap on legal fees; window which would be longer than qualifying through election;
and clarification of recusals if membership in political actions groups. Mr. Major questioned if an
ethics charge could be filed during the election cycle against a non-candidate. Mayor
Buelterman clarified it could be filed but not accepted during the black-out window if it is the
will of Mayor and Council. After a short discussion, Mayor Buelterman recommended acceptance of the changes as written but amend to provide for a window when those officials
who are up for election are not subject to complaints for a certain window of time. He feels the
window should be broader than qualification through the second Tuesday in November. Mr.
Major supports a cap on legal fees and should only be paid for those who had a complaint filed
against them. Mayor and Council agreed. John Major made a motion to approve as written
with the following amendments: (1) a time frame in included in which ethics complaints cannot
be filed against those city officials who are running for office, 30 days prior to qualification until election day; and (2) legal fees be covered for the city official against whom the complaint has
been filed with a cap of $5,000. Monty Parks seconded. Discussion: Ms. Schleicher
confirmed the proposed ordinance applies to all City committee members who might qualify for
office. Mayor Buelterman confirmed. Mr. Hughes stated the benefit of the black-out period is
to protect the election process and try to discourage individuals to use the ethics procedures for
political gain. Mr. Hughes stated he work on language and send to Mr. Barrow for his
comments and bring back to Mayor and Council. Mr. Major withdrew his motion. Mr. Parks withdrew his second. A lengthy discussion ensued regarding the black-out dates. No Action. Deferred until a future City Council meeting.
Second Reading, 2017-04, Special Events. Mayor Buelterman clarified this would be
deferred to February. No Action. Deferred until February 2017.
Council, Officials and City Attorney Considerations and Comments Mayor Buelterman expressed his concerns with the lack of signage for sand bar on
south-end. Ms. Doyle responded the Public Safety Committee has spent hours to find a way
to alert beach goers of the dangers of the sandbar. Mayor Buelterman asked Ms. Schleicher to coordinate Chief Fields attending the January Public Safety Committee Meeting to give his
recommendations.
Mayor Buelterman recommended Ms. Schleicher develop plan for obtaining public feedback regarding City’s response to Hurricane Matthew whether it be a town hall
meeting, email survey or on the monthly water bill. In this way, the citizens can share their
feedback from the hurricane.
Wanda Doyle asked Mayor Buelterman to defer the discussion regarding Sec 6-1, Business
Hours Specified; Responsibility for Compliance – Sunday Sales (3) – (6) until the first meeting in February. Mayor Buelterman confirmed. Deferred till February 2017 meeting.
Ms. Doyle stated she has been in communication with Mr. Hughes regarding funding for Marine Science Center and her recommendation is to contact Chatham County Recreational
Authority for possible funding. She explained the Marine Science Center would qualify for
funding if there is a recreational concept with Center. Ms. Doyle is asking Mayor and Council
approve her moving forward in working with the County and Mr. Hughes for possible funding.
Mayor Buelterman expressed his concerns with repayment. Ms. Doyle confirmed she has a
funding source. Mr. Hughes will reach out to Mr. Hart for his recommendations.
Wanda Doyle made a motion to adjourn. John Major seconded. Vote was unanimous, 6-0.
Meeting adjourned at 9:55PM.
______________________
Janet LeViner, CMC
Clerk