HomeMy Public PortalAbout050_010_20170223Minutes.pdfCity Council Minutes, 20170223
Consideration of Items for Consent Agenda
Mayor Buelterman called the consent agenda to order at 6:30PM on February 23, 2017. Those present were Julie Livingston, Monty Parks, John Major, Barry Brown and Bill Garbett. Also
attending were Diane Schleicher, City Manager; Dana Braun, Ellis, Painter, Ratterree & Adams;
and Janet LeViner, Clerk of Council. Councilmember Doyle and Mr. Hughes were excused.
Mayor Buelterman listed the following items on the consent agenda:
• City Council Meeting Minutes, February 9, 2017
• Special City Council Meeting, February 10, 2017
• Special City Council Meeting, February 13, 2017
• Special City Council Meeting, February 15, 2017
• Special City Council Meeting, February 20, 2017
• Master Plan Implementation Committee
o Dr. Gary Dennis
o Anna Butler
• Extension Agreement, Erik Olsen, Coastal Engineer. Discussion: Approval contingent
upon same rate and conditions as existing contract.
• Arts Center Audio and Lighting – ITB 2017-693 – Michael Gaster & Associates Bid - $27,016.55
• City Council’s approval of the $1,361,000 GEFA Loan for a water main replacement
project
• City Council’s approval of the $720,000 GEFA Loan for water and sewer project
• Resolution, GEFA Loan for water main replacement project
• Resolution, GEFA Loan for water and sewer project
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: Treasure Loman, Tybee Island Youth Council
• Invocation: JaNiya Bowers, Advisor, Tybee Island Youth Council
Mayor Buelterman asked Matt Harrell, Tybee Island Fire Department to come forward for recognition as Employee of the Quarter. Mayor Buelterman thanked Mr. Harrell for his
dedication to the City.
Mayor Buelterman asked Chantel Morton, Development Authority/Main Street, to come
forward for recognition as Employee of the Quarter. Mayor Buelterman thanked Ms. Morton
for her work with the Development Authority/Main Street Program.
Tybee Island Youth Council members approached Mayor and Council to give an update on
their activities:
• John Balthrop, President, reported on general activities for the year to date
• Ryan Abbuhl, Vice President, reported on trip to Atlanta for Savannah/Chatham Day
" P a y t o n K i n k e l , L i a i s o n t o M a y o r a n d C o u n c i l , r e p o r t e d o n u p c o m i n g t r i p t o M a c o n / B i b b f o r Y o u t h L e a d e r s h i p D a y
" J o e y W e b s t e r , U p d a t e f r o m M r . C h a r l e s C o n e y , A s s i s t a n t C i t y M a n a g e r , M a c o n / B i b b , v i s i t
" S a m L e C a t e s , P r e s e n t a t i o n o f E n f o r c e a b l e O r d i n a n c e . M r . L e C a t e s p r e s e n t e d h i s o r d i n a n c e r e g a r d i n g b i k e s a f e t y . H e i s i n t e r e s t e d i n a d d i n g l i n e s b y t h e s i d e o f t h e r o a d
s o b i k e r s c a n t r a v e l s a f e l y t o t h e b e a c h . M r . L e C a t e s a l s o r e c o m m e n d e d s i g n a g e t o
a s s i s t w i t h c o m p l i a n c e . M a y o r a n d C o u n c i l a s k e d s e v e r a l q u e s t i o n s r e g a r d i n g h i s
o r d i n a n c e . M a y o r a n d C o u n c i l t h a n k e d M r . L e C a t e s f o r h i s i n t e r e s t i n b i c y c l e s a f e t y .
" A v a T h o m a s , P r e s e n t a t i o n o f E n f o r c e a b l e O r d i n a n c e . M s . T h o m a s p r e s e n t e d h e r
o r d i n a n c e r e g a r d i n g f e e d i n g t h e b i r d s o n t h e b e a c h t o i n c l u d e l i t t e r i n g . T h i s w o u l d b e
e n f o r c e a b l e w i t h s i g n a g e , v o l u n t e e r s a n d b e a c h p a t r o l s . M s . T h o m a s c o n t i n u e d a s t h i s
i s i m p o r t a n t a s t h e b e a c h b i r d s m i g h t m i s t a k e p l a s t i c f o r f o o d . A l s o , w i t h l i t t e r t h i s
w o u l d w a s h i n t o t h e o c e a n a n d t h e f i s h m i g h t e a t t h e p a p e r a n d p l a s t i c a n d d i e . M a y o r
a n d C o u n c i l a s k e d s e v e r a l q u e s t i o n s o f w h i c h M s . T h o m a s r e s p o n d e d . M a y o r
B u e l t e r m a n t h a n k e d M s . T h o m a s a n d s t a t e d t h i s i s a c o n c e r n o f M a y o r a n d C o u n c i l a s w e l l . H e a s k e d M s . T h o m a s i f s h e h a s i d e a s o n h o w t o h a v e b e a c h g o e r s a d h e r e t o
e x i s t i n g s i g n a g e t o p l e a s e b r i n g i t a t a f u t u r e m e e t i n g .
" H u d s o n M a r t i n - B a z e m o r e , r e p o r t e d o n t h e A d v i s o r s p r o j e c t , u p d a t i n g J a y c e e P a r k t o m a k e i t m o r e y o u t h f r i e n d l y . M r . M a r t i n - B a z e m o r e r e c o m m e n d e d p i c n i c a r e a s , s h e l t e r s
a n d a d d i t i o n a l e q u i p m e n t . H e w i l l b r i n g a c o s t e s t i m a t e p r i o r t o t h e b u d g e t c y c l e f o r
M a y o r a n d C o u n c i l s c o n s i d e r a t i o n . M a y o r B u e l t e r m a n t h a n k e d M r . M a r t i n - B a z e m o r e .
" K a t i e B a l t h r o p , C h a i r , Y o u t h C o u n c i l E x t r a v a g a n z a ! M s . B a l t h r o p d i s c u s s e d h e u p c o m i n g
f u n d r a i s e r f o r t h e Y o u t h C o u n c i l s t r i p t o W a s h i n g t o n , D . C . i s s c h e d u l e d f o r A p r i l 2 9 ,
2 0 1 7 a n d e n c o u r a g e d e v e r y o n e t o a t t e n d t h e T a l e n t S h o w . M a y o r B u e l t e r m a n t h a n k e d
M s . B a l t h r o p f o r h e r c o m m e n t s .
M a y o r B u e l t e r m a n t h a n k e d t h e m e m b e r s o f t h e Y o u t h C o u n c i l f o r t h e i r h a r d w o r k a n d
p a r t i c i p a t i o n i n t h e m e e t i n g .
A l a n R o b e r t s 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 b r i e f o v e r v i e w o f t h e p r o g r e s s o f t h e C o d e R e v i e w C o m m i t t e e ( a t t a c h e d ) . H e s t a t e d t h e C o m m i t t e h a s c o m p l e t e d 1 6 8 p a g e s o f t h e
C o d e a n d e x p e c t t o b e c o m p l e t e d w i t h t h e r e v i e w b y D e c e m b e r 3 1 , 2 0 1 7 . M r . R o b e r t s o n
s t a t e d i n m a n y c i r c u m s t a n c e s t h e C i t y h a s m o v e d f o r w a r d b u t h a s n o t g o n e b a c k t o r e v i e w t h e
C o d e . H e t h e n t h a n k e d M s . S c h l e i c h e r f o r h e r s e r v i c e t o t h e C i t y a n d t o t h e C o m m i t t e e . M a y o r B u e l t e r m a n t h a n k e d M r . R o b e r t s o n a n d t h e C o m m i t t e e f o r t h e i r h a r d w o r k a n d
d e d i c a t i o n t o t h e p r o j e c t .
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A m b a s s a d o r P r o g r a m . M r . A r n o l d r e c o m m e n d e d t h e B e a c h A m b a s s a d o r s b e C i t y e m p l o y e e s a s
w h e n t h e y a r e t r a i n e d y o u w i l l g e t a c o n s i s t e n t r e s p o n s e w i t h a n o n - c o n f r o n t a t i o n a l a p p r o a c h .
T h i s w i l l a l s o i m p r o v e t h e s a t i s f a c t i o n o f o u r b e a c h g o e r s . H e r e c o m m e n d e d a p i l o t p r o g r a m f o r
2 - 3 m o n t h s , m a k e i t f l e x i b l e a s n e e d e d a n d i f t h e p r o g r a m d o e s n o t p r o d u c e a p o s i t i v e
p r o g r a m , t h e n n o t f u n d f o r t h e l o n g t e r m . M r . A r n o l d a s k e d M a y o r a n d C o u n c i l t o a p p r o v e t h e
p r o p o s e d P r o g r a m . M a y o r B u e l t e r m a n t h a n k e d M r . A r n o l d . H e t h e n a s k e d M s . S c h l e i c h e r w h a t e n t i t y i s r e s p o n s i b l e f o r s a l a r i e s a t t h e V i s i t o r C e n t e r . M s . S c h l e i c h e r r e s p o n d e d t h e T o u r i s m
C o u n c i l w h i c h i s f u n d e d w i t h a d v e r t i s i n g . A d i s c u s s i o n e n s u e d r e g a r d i n g t h e P r o g r a m a n d t h e
b e n e f i t s t o t h e C i t y . M r . P a r k s c o n c u r r e d a s i t w i l l a l s o p r o v i d e a n e n t r y l e v e l f o r e m p l o y m e n t
w i t h t h e C i t y . M s . L i v i n g s t o n s t a t e d t h e P r o g r a m i s c u r r e n t l y i n t h e d o w n t o w n S a v a n n a h a r e a
a n d s e e m s t o b e s u c c e s s f u l . H e w i l l w o r k w i t h t h e C i t y o f S a v a n n a h o n f u n d i n g c r i t e r i a a n d
w i t h M s . S c h l e i c h e r o n j o b d e s c r i p t i o n s . M r . P a r k s w i l l a d d t o t h e M a r c h 2 3 , 2 0 1 7 C i t y C o u n c i l
A g e n d a . M a y o r B u e l t e r m a n t h a n k e d M r . A r n o l d f o r h i s i n t e r e s t i n t h e p r o p o s e d p r o j e c t .
Julie Livingston made a motion to approve the consent agenda. Barry Brown seconded.
Vote was unanimous, 5-0.
First Reading, 06-2017, Sec 34-262, Short Term Vacation Rental. Mayor Buelterman asked Ms. Schleicher to explain the difference between what is currently in place and what is
proposed. Ms. Schleicher stated regarding registration, if the registration is not submitted by
January 1st, the owner is in violation. With the proposed ordinance, registration would still be
required by January 1st of each year but the property owner would have a 90 day grace period
as with the Occupational Tax. The work flow would be easier as it would mirror the
Occupational Tax process. Mr. Major asked if he was a business owner and managed a number
of properties, each year he would have one business license but each of the units require an
individual registration. Mayor Buelterman stated the issue of trash pickup was never resolved
therefore a decision regarding an increase was not addressed. Ms. Schleicher responded she
had a meeting with Ben Walsh, Atlantic Trash, and he feels he now has the proper staff in place
for a separate contract with the short term rentals. There was a discussion regarding the recycling of glass as other municipalities are now doing it. Ms. Schleicher will reach out to Mr.
Walsh and ask he respond to Mayor and Council via email. She then discussed the $25
registration/administration fee. Ms. Schleicher recommended that each time a short time rental is “flipped” or sold, there needs to be an updated registration form and administration fee.
Mayor Buelterman confirmed a telephone needs to be installed with each unit for 911
capabilities. Ms. Schleicher stated the telephone number is required on the registration form.
Monty Parks made a motion to approve. John Major seconded. Vote was unanimous, 5-0. First Reading, 04-2017, Article III, Special Events. Mr. Major asked for clarification of
the Festival Zone and Control Zone, are they the same? Ms. Schleicher responded the Festival
Zone is actually the location of the event and the Control Zone is around the Festival Zone where open containers and alcohol consumption is controlled with a wrist band. Mr. Braun
added the Control Zone is not included in the Special Events Ordinance. Ms. Schleicher stated
two years ago Mayor and Council amended the Special Events Ordinance to allow for Control Zone/Festival Zone and the ordinance before them is addressing pop-up events. Mayor pro tem
Brown recalled previous discussions where Pirates Fest attempted to have the Control Zone to
include the beach area and Mayor and Council did not agree. Mayor pro tem Brown stated
there was a color coded map designated the Control Zone/Festival Zone for previous events. Ms. Schleicher agreed and stated the Georgia Homegrown Music Festival has included a color
coded map with the application designating the Control Zone/Festival Zone. Ms. Livingston
asked if there is a definition for Control Zone. Ms. Schleicher stated there does not seem to be
a clear definition included in the ordinance. Mayor Buelterman asked for clarification as to
which ordinance was for first reading as there seems to be two included in the packet. Mr.
Braun stated there are changes to the Special Event Ordinance and it deals with Mayor and
Council to set rules on Special Events as they come to your attention. The second version is to approve a special event for the Georgia Homegrown Music Festival. Mr. Major shared his
concerns as there is not a clear definition of Control Zone. Mr. Braun stated there could be a
special event permit without a Control Zone. Mayor and Council confirmed. Mayor Buelterman
confirmed with Mr. Braun the ordinance before them is giving the City more authority to deal
with pop-events. Mr. Braun confirmed and explained there are two provisions: (1) one is
holding an unofficial event the producer or promoter is responsible; and (2) provision regarding
Mayor and Council learning about of events taking place and want to place further restrictions to the event, i.e., has the authority to do so. Mayor Buelterman confirmed. Ms. Schleicher
clarified with the Georgia Homegrown Music Festival, by Resolution, Mayor and Council are
specifying where the activities will be held. Ms. Livingston recommended that a definition of
Control Zone be added to the proposed ordinance. Mr. Braun will add and bring back at second
reading. Mayor Buelterman stated he supports the proposed ordinance as it gives Mayor and
Council and Staff more power with public safety. Mr. Braun reminded Mayor and Council that
the Manager has the authority to place reasonable requirements on events in regards to time, place, or manner in which an event is held as outlined in the proposed ordinance. John Major
made a motion to approve the Amendment to include a clear definition of Control Zone for
second reading. Julie Livingston seconded. Vote was unanimous, 5-0.
Resolution to designate November 4, 2017 as the festival day for the Georgia Homegrown Music Festival and to designate a control zone during the event. Mayor
Buelterman asked Ms. Schleicher if the adjacent business owners have been notified on the
south-end. Ms. Schleicher confirmed it has been completed. Ms. Schleicher recommended
delaying the approval of this Resolution until second reading of 4-2017 is approved as there will
be a definition of Control Zone. Mr. Major pointed out there is reference to Festival Areas in
this request and asked if this is the same as Festival Zones. Ms. Schleicher did not know but recommended Festival Areas should be changed to Festival Zones for conformity. Mr. Major
concurred as there needs to be consistency. Barry Brown made a motion to approve
contingent upon clarification of Control Zone. John Major seconded. Discussion: Mr. Parks
stated this would not come back before Mayor and Council. Ms. Schleicher confirmed. There
was a discussion regarding the length of the event in the future as well as the Control
Zone/Festival Zone. Ms. Schleicher stated she is not in favor of wristbands and it could be a
deterrent. Mayor Buelterman asked if the residents in the south-end have been notified of the proposed event. There was no response. Mayor Buelterman expressed his concerns that the
residents might not be aware of the proposed event and feels as a courtesy they should be
notified. Ms. Schleicher stated if the approval of the Resolution is delayed it will not affect the
promotors with advertising the event as Mayor and Council had concerns. Mayor Buelterman
asked Mayor pro tem Brown to withdraw his motion. Ms. Schleicher confirmed the event has
been approved previously and what is before Mayor and Council is the approval of using Control
Zone/Festive Zone and wristbands. Mayor pro tem Brown withdrew his motion to approve. Mr. Major withdrew his second. Recommendation is to contact adjacent business owners and
residents to make them aware of the proposed event and to include a definition of Control
Zone/Festival Zone. Mr. Parks asked Ms. Schleicher if this event would affect access to the
crosswalks. Ms. Schleicher stated no as it is an event open to the public. The promotor is
asking to add wristbands which would help defray the cost of the event.
Council, Officials and City Attorney Considerations and Comments
Ms. Schleicher stated this is the North Beach Parking Lot Conceptual Plan so to maximize parking as well as making it more pedestrian friendly. It is her desire to have in the
upcoming budget cycle. The approximate cost is $294,000 and includes paving improvements
but no lighting. Ms. Schleicher recommended concentrating on the sidewalk plan which is the least expensive project and the second project would be the south-end pedestrian improvement
project which would include the parking lot. Mayor pro tem Brown stated the road to the
North Beach Parking Lot will need to meet Georgia Department of Transportation (GaDOT)
specifications which will be 8” thick with a base of 6”. Ms. Schleicher stated the estimate for
this project was received prior to the regrading of the parking lot due to Hurricane Matthew
hence the cost may be lower. Mr. Parks shared his concerns with the “cut-through” area at the
North Beach Parking lot. Ms. Schleicher discussed her conversations with the proprietor of
North Beach Grill regarding the concrete driveways. Mayor Buelterman stated this will be
included in the FY2019 budget. Ms. Schleicher confirmed.
Mayor pro tem Brown recommended Lifting noise ordinance for weekends temporary construction work due to Hurricane Matthew. Currently the ordinance states construction
cannot begin prior to 10:00AM and he would recommend construction could start at 8:00AM for
90 days. Mr. Parks recommended 60 days and then revisit. Ms. Schleicher stated that under an emergency, Mayor and Council have the ability to temporally suspend an ordinance. Mr.
Braun recommended the language would include “not for new construction but for repairs
resulting from Hurricane Matthew”. Mayor pro tem Brown made a motion to lift the noise
ordinance on Saturdays and Sundays, same hours as on week days, on a temporary basis for
90 days for construction only for hurricane related repairs. John Major seconded. Discussion: Mr. Parks asked it only be for permitted repairs. Mayor pro tem Brown
accepted Mr. Parks recommended. Mr. Major seconded the amendment to the motion. Vote was unanimous, 5-0.
Mayor pro tem Brown discussed the second egress in set-back on new construction.
He recommended Mayor and Council reconsider and let the secondary set of steps be set inside the set-back, front yard or back yard. Mayor Buelterman clarified that this would be a new
ordinance and asked Ms. Schleicher for her recommendation. Ms. Schleicher confirmed this
would be sent to the Planning Commission for their recommendations and brought back to Mayor and Council. Ms. Schleicher recommended the second steps of stairs be limited to the
front or rear and not the sides. This would allow public safety vehicles a secondary access to
the property. Mayor pro tem Brown made a motion to send to Planning Commission so they
can re-evaluate the second egress not to exceed 4’ in depth, rear yard only. John Major
seconded. Vote was unanimous, 5-0.
Monty Parks stated noise levels are addressed in two separate noise ordinances. In Article III,
Sec 22-29(12), Nuisance, “any sounds including music emanating from businesses through
open doors and window” is redundant and recommends Mayor and Council remove (12) of Sec
22-29 and modify so the City is relying on the Noise Ordinance for compliance. In this way the
music can be free. Mr. Parks asked Mr. Braun to amend and to bring back to a future City Council meeting.
Monty Parks, Beach Ambassadors, will bring recommendations to Mayor and Council to
include job descriptions, salary requirement, and uniforms etc. at the next City Council Meeting.
Julie Livingston made a motion to adjourn to Executive Session to discuss litigation and
personnel. John Major seconded. Vote was unanimous, 5-0. Julie Livingston made a motion to return to regular session. Monty Parks seconded. Vote
was unanimous, 5-0.
Julie Livingston made a motion to adjourn. Monty Parks seconded. Vote was unanimous,
5-0.
Meeting adjourned at 9:45PM
____________________________
Janet LeViner, Clerk