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HomeMy Public PortalAbout20040408CCMeeting1 1 1 @ @ITEM 2004 -04 -08 City Council Minutes Jason Buelterman, Mayor Pro Tem, called the April 8, 2004 regular City Council meeting to order at 7:00 PM. Buelterman said Mayor Parker was out of town on City business, attending a hurricane conference. Those in attendance were Paul Wolff, Jack Youmans, Shirley Sessions, Eddie Crone and Mallory Pearce, Council Members. City Manager Bob Thomson and City Attorney Edward Hughes were also in attendance. Henry Levy gave the invocation, as Rev. Otto Immel could not attend. Everyone recited the Pledge of Allegiance. Buelterman announced that several employees of the Police Department and Fire Department, along with some of the Fire Department volunteers, had responded to the recent deck collapse on 6th Street and had done an outstanding job. Buelterman said without their rapid response and action, he felt there would have been more injuries and possibly more severe injuries. Those receiving awards were: Sgt. William Moseley Police Dept. Officer Kevin Matthews Police Dept. Officer Fred Anderson Police Dept. Asst. Chief Skip Sasser Fire Dept. Capt. Susan Malone Fire Dept. Lt. Dee Anderson Fire Dept. Lt. James Moore Fire Dept. Lt. Rick George Fire Dept. Clint Boram Fire Dept. Jon Brown Fire Dept. Donald Cowart Sr. Fire Dept. Donald Cowart Jr. Fire Dept. John Dowell Fire Dept. Steve Guetherman Fire Dept. Christina McFadden Fire Dept. April Moore Fire Dept. Sonny Solomon Fire Dept. Edward Sullivan Fire Dept. Ann Carol Tramell Fire Dept. Buelterman thanked all who responded and said their aid helped keep a bad situation from getting worse. Julie Culhane, candidate for Magistrate, could not attend. Mark Gordon and Albert Weis presented their request to rent mopeds. Gordon said they would buy a business license for 10 vehicles and parking decals for each. They would require renters to have a valid driving license. Gordon said they would be based at Beachside Colony with Trey Clark as the representative. Sessions said she had a concern in that the Council members did not receive the information beforehand so that they 1 of 14 1 1 1 could be more familiar with the request. Sessions said she was also concerned that this may be a catalyst for accidents. Gordon said he would rent to 16 year olds and up, he has the required liability insurance and the vehicles are not noisy. Greg Fender spoke to Council regarding a contract with Comcast Cable Co. Fender said he recommends we sign a contract with US Cable to assign the franchise to Comcast. He said there had been many customer complaints recently and people were generally unsatisfied with US Cable. He said Comcast will rebuild the system by the end of 2005, and it will be tied into the mainland system and have government access. They will televise the City Council meetings and have a grant of $25,000 to pay for the equipment. Fender said it would take 6 months to have the equipment installed and would take a volunteer or staff member to run the equipment. He also said his fee, as a consultant, would be paid by Comcast. He rates would probably go up because of the additional channels that would be available. The City can lower the rates on the lower tier of options but the other tiers would be fixed. All agreed it sounded very good for the City. Sarah Gomel presented Council her request to open a business, supplying visitors with a service of setting up a shey, beach chair, cooler with soft drinks and umbrellas. She said all the customer would have to bring would be a towel. Gomel said her plan was to start out with 1 or 2 and if successful, then add more. Hughes said he was concerned about how this would mesh with the Beach Rental businesses, as there were no floating reserve spots on the beach. In answer to Hughes' questions, she said there would be no float rental, no storage problems and equipment would not be left on the beach. Hughes said he would look into it and check our Beach Rental Ordinance Sessions asked if Gomel would clean up the area after her customer left and make sure no litter was left. Gomel said yes, of course. Bill Lovett, from Hussy, Gay, Bell and DeYoung Engineering, spoke to Council regarding the recent Water Study that his company had completed. Lovett introduced Don Billet, Senior Engineer, and said that he was the author of the study. Lovett said they were asked to look at the water consumption on the Island and the increased use if the City brought in Estill Hammock, Spanish Hammock, Cason Avenue and the Lazaretto Creek area and their private systems. Lovett said the City is allowed a withdrawal of 1,600,000 gallons of water per day on an annual average based on a maximum month. The City is also allowed a daily annual average of 960,000. Lovett said the City is now pumping 1,372,000 gallons per day and the annual average is 936,000. He said it was plain to see that it is dangerously close to the limit. If the City annexes these areas mentioned, it will max out of the allowable withdrawal. Lovett said there are several alternatives although no good ones. He said desalination is one but very expensive; another one is withdrawing from the City of Savannah, however they have to be willing to allow it. He said you could run lines to Johnny Mercer Blvd. and tie into the water line there, but this poses the problems of crossing the marsh and the rivers, which DNR probably wouldn't permit. Lovett said he recommends heavy water conservation. He said this would include education, advertising, penalties for heavy use and a rate structure that would reward those who use less water. He said reward hotels and motels that install decreased flow toilets and showers. Lovett said the key is public awareness and Billet 2of14 1 1 1 agreed that aggressive conservation is the best way to avoid going over the limit. Buelterman asked what happens if we do go over the limit. Lovett said he didn't know but it couldn't be good. Wolff said that he understood that Spanish Hammock has already topped out and he said the most important thing now is to know where you stand. Wolff said you have to stay on top of it and check every day how much is being used. Lawanna Tsoulos spoke to Council regarding the newly formed Environment/Eco- Tourism Committee. She said they were studying the City's unopened rights of way to try to establish walking and bike trails on the Island. She said the longest one was Estill Avenue and the Committee was considering asking Council to turn parts of Estill and Solomon Avenues into a recreational trail. Tom Mahoney, Attorney for Lazaretto Development Company, asked Council to table the 2nd reading on Text Amendment for the uses in Maritime District, which was on the Agenda for tonight. Mahoney said his clients purchased the property in August 2003 for $1,500,000 relying on the uses allowed. He said they hired an engineer in September and spent $1,900,000. Mahoney said now the allowable uses are to be reduced and no residential are allowed at all. Mahoney said if the ordinance passes, the property owners couldn't develop the property as they intended. Mahoney asked Council to table the amendment or at the very least grandfather their rights. Jeannie Hutton spoke to Council and said she thought it was refreshing to hear them talk about water conservation in an open meeting. She said the public had known there were problems for a long time. Hutton said she appreciated Council covering the water issues and our quality of life on Tybee. Mayor Pro Tem Buelterman opened the meeting, asked for comments on the following public hearings, as required by law. Tom Mahoney, representing Walter Crawford, presented a request for conveyance of part of the unopened right of way of Estill Avenue. Mahoney said in 1999, Crawford presented a request to purchase a portion of Estill Avenue to correct a drainage problem. This request was approved by the Council at that time by a unanimous vote. Mahoney said that in 2003 an abutting property owner presented a request to Council to purchase part of the unopened right of way on Estill Avenue. In accordance the ordinance, when a request to purchase City property is presented, the City is required to notify property owner on the other side. He said that Crawford was the abutting property owner. At that time he was a sitting member of City Council and was ethically precluded from purchasing the property. Council approved the sale of that property to Dee and Lawanna Tsoulos as long as it was stipulated that it would remain as green space and not be developed. Mahoney said the Crawford's are asking for the same thing. There were some questions regarding the ordinance and when it was passed. Hughes said he would prefer to address the questions after the public hearings were completed and all of the public comments had been heard. Dee Tsoulos told Council that he and his wife are committing publicly that portion of Estill Avenue they purchased in 2003 as a 3 of 14 1 1 1 conservation easement with a land trust, and to provide the City of Tybee Island an easement to be used for a recreational trail. Dick Smith, Chairman of the Planning Commission, presented the request for a major subdivision for Robert Groover on 5th Avenue, PIN 4- 3 -13 -1. Smith said the main item in this request is a land swap with the City. Smith said a portion of the Sally Pearce Nature Trail was mistakenly placed on private property, which is now owned by Groover. The City is now negotiating with Groover to swap part of the unopened right of way on 5th Avenue for this portion of property. Smith said the Planning Commission approved the preliminary plan. Youmans asked if there was an appraisal. Hughes said there was not an appraisal yet. The City has given Groover a letter to authorize him to apply for the subdivision with the provision that the land swap will be approved. Smith said there is a letter from Engineer, Downer Davis, approving the drainage plan. He said there was not a tree survey yet but will be completed when building permits are applied for. Smith presented the request for a variance of 51/2 feet in the front setback for Ed Johns at 7 11th Street, PIN 4- 7 -1 -3. Smith said this house would not extend any further that the houses on each side. He said this request was approved by the Planning Commission. Pearce asked the reason for the request and Smith said it was to line up with the other houses. There was a question as to the correct address, 7 or 11, of this property and Johns agreed to get it solved. Smith presented the request for a variance in the side setback for a non - conforming structure for Theresa Boehme, to add stairs at 708 Jones Avenue, PIN 4- 5- 17 -10. Smith said Boehme wanted to add stairs so that her Mother could gain access to the 2nd floor more easily. He said the Planning Commission's vote was tied and he voted to approve, breaking the tie. Boehme spoke and said that she had letters from the neighbors and they had no objections. Wolff said he thought there might be some alternative way other than building in the remaining setback. Smith presented the request for a variance of 5 feet in all setbacks for Karen Hogan at 1605 Chatham Avenue, PIN 4- 1 -4 -13. He said this a very small lot of record and similar variance was granted before. Smith said according to the drawings given out tonight, on one side the variance would be 5 feet from the easement. Harold Yellin, Attorney, representing Jack and Karen Hogan, spoke to Council and said this was a very small lot of record, 47 X 60 feet or 2800 square feet. He referred to the previous variance in the same area that was granted. Yellin said there had been talk that the Hogan's owned 2 lots and they should be forced to combine them in order to build and not encroach into the setbacks. Yellin said you cannot force people to combine their lots. Attorney Tom Mahoney, representing the property owners east of this lot, said it was difficult to know just what the request is. He said we have a new map tonight, which we have not seen. He said that he understood this map shows the building line five feet from the edge of the easement, which means this is a 10 feet request. Mahoney said his clients' house is built on the ground, is five feet from the line and was built before zoning. He said when the Hogan's build their house, all of the storm water will drain right on top of his clients' house. Mahoney said if this request is approved, there would be all kinds of problems. 4of14 1 1 1 He asked Council to not approve the variance on at least that one side. He said as far as the previous variance approval, it was granted to save a tree. Jack Hogan said they would install gutters so there would be no problem with drainage. Karen Hogan said it was not their wish to build up but were required to do so. Sessions asked if they submitted a drainage plan. Dee Anderson said it was not required for a single - family structure. Smith presented a request a variance of 4 feet for a deck for Julie Sullivan at 1615 Chatham Avenue, PIN 4- 8 -4 -17. Smith said she recently purchased the house and is trying to tie into the existing deck and small building. Smith said the Planning Commission voted to approve the request. Smith presented a Text Amendment request for Section 8 -5 -090 — Variances, to require property to be in compliance before granting any variances. Smith said the Planning Commission voted to approve. He said this to try and stop asking for forgiveness rather than permission. He said they asked that it begin June 1, 2004 and will give the Zoning Department time to notify the builders. He said the Planning Commission asked if a penalty could be included as there was none included. Buelterman asked if Zoning thought this would help. Bargeron said after the fact variances happen too often and this Council asked why. Bargeron said this would put some teeth into the ordinance. Youmans said that is not always the case, as the man who bought a house and then found out the stairs were in the setback. Wolff said he thought this was an excellent idea and it was aimed at builders and developers not the owners. Pearce said he thought it was about time as there had been too many variances. Youmans said we should lighten up on some. Sessions said she agreed with Youmans that they are situations that are not always black and white. She said the intent should be very clear. Bargeron said if someone buys a house that is not compliant, then it should be grandfathered. Sessions said maybe Hughes could look at this again and address non - conforming uses. She said we don't want another ordinance that is not clear and hard to enforce. Hughes said after hearing the comments tonight, he had a clearer idea of what is wanted. John Dowell said he felt that if it was not built properly, it could be a danger. Smith presented a Map Amendment request to change a portion of the C -2 District, which is in the Lazaretto Creek area, to Maritime District. Smith said the Planning Commission voted to approve. Wolff asked if all the property owners had been notified, and the answer was yes. The Zoning Map with an overlay is present during this public hearing. Mayor Pro -Tem Buelterman opened the meeting for business legally presented. Sessions motioned to deny request to rent mopeds, there was no second. The motioned died. Pearce motioned to continue and give petitioner a chance to answer the questions that were raised, Wolff seconded. Wolff said he would like to request that Chief Price attend the meeting to give his recommendation. Vote was unanimous. Youmans motioned to approve the resolution and new franchise ordinance to transfer to Comcast on 1st Reading, Wolff seconded. Vote was unanimous. 5 of 14 1 1 1 Wolff motioned to approve minutes for the March 25, 2004 Council meeting, with changes, Sessions seconded. Vote was unanimous. Crone motioned to approve minutes for the April 1, 2004 Special Council meeting, Sessions seconded. Vote was unanimous. Youmans motioned to approve the conveyance of property on Estill Avenue to Walter Crawford just like the other half was sold with the same stipulations, Crone seconded. Wolff asked if we could add a stipulation that the City be granted an easement for a recreation trail. Hughes said the City is entitled to attach whatever conditions wanted, but their position will be that they are entitled to the same conditions that were in place when the other half was sold. Hughes said he didn't know if Crawford would agree to that and the conveyance documents for the Tsoulos's should be corrected and attach the condition to it. There was discussion regarding the exact location of the property and how much was actually owned by the City. Wolff said the Environmental Committee was looking into that very thing. Hughes said the City could condemn an easement and has in the past for infrastructure easements. He said the law is not very clear. Wolff asked if the conveyance is approved, would Crawford be required to take out all of landscaping, white rock and timbers that he has put in. Mahoney said there is no white rock on this right of way, if it is, it is just spillover from the rock in the access easements to the property behind this. Lawanna Tsoulos said there is some white rock on the right of way. Mahoney said Crawford would remove whatever has spilled over. Hughes said when you offer the sale of property to one abutting owner, you have to offer the other half to the other abutting property owner. He said it is not clear whether you have to offer the same conditions to each. There was more discussion and Youmans said we have to give Crawford the same conditions of keeping it green space that we did for the Tsoulos's. Buelterman called for the vote. Youmans, Crone and Buelterman voted to approve, and Sessions, Wolff and Pearce opposed. Hughes said since no other motion was made, the issue dies and this request may be brought back. Pearce said he went to the property and he saw trees but no natural area. Pearce said if Crawford wanted to negotiate with the City, that is certainly his option. Sessions said this has gone on for so long and she would motion for approval with the agreement that they would have the same conditions as the Tsoulos's did, with an accessible conservation easement for the City, and to provide the City an easement to be used for a recreation trail, and put the property in a land trust, Wolff seconded. Pearce asked that Sessions modify her motion to allow Hughes to negotiate with Crawford and come back to Council for final approval. Sessions accepted, as did Wolff. Vote was 4, Wolff, Sessions, Buelterman and Pearce, and 2, Youmans and Crone, opposed. Pearce motioned for approval of subdivision for Groover on 5th Avenue, with the condition that the land swap is completed and that a tree survey is done, Wolff seconded. Hughes said that the ordinance requires a tree survey at some time during the process and that this is just the preliminary approval. Youmans asked if the code requires a tree survey and Hughes said yes, at some time during the process. Hughes said this is just the first of a long process. Pearce said he would modify his motion to have a tree survey at 6of14 1 1 some time before the process is completed, Wolff accepted the condition. Vote was 4, Wolff, Buelterman, Crone and Pearce, 2, Youmans and Sessions, opposed. Wolff motioned for approval of the variance request for Johns at 7 11th St., Pearce seconded. Vote was unanimous. Wolff motioned for denial of variance for stairs for Boehme at 708 Jones Ave., motion died for lack of a second. Youmans motioned for approval, Pearce seconded. Pearce said the medical reasons for this elderly lady is what swayed his vote. Wolff said the last thing he wanted to do was to make it difficult for this lady, but there were so many other options open. Vote was 5, Youmans, Sessions, Buelterman, Crone and Pearce, for approval, and 1, Wolff, opposed. Pearce motioned for approval of the variance plan presented tonight for Hogan at 1605 Chatham Ave., with the condition of a satisfactory drainage plan or that the Zoning Department is satisfied that there is no drainage problem, and it is determined there is a problem the matter comes back before Council, Wolff seconded. Vote was unanimous. Youmans motioned for approval for an "after the fact" variance for a deck for Sullivan at 1615 Chatham Ave., Wolff seconded and asked for an amendment to the motion that the decks not be covered but remain open. Youmans accepted the amendment. Vote was 5, Wolff, Youmans, Buelterman, Crone and Pearce, for approval, and 1, Sessions, opposed. Youmans motioned to deny the Text Amendment to Sect. 8 -5 -090 Variances, to allow no variance if property is not in compliance with regulations, due to no second the motion died. Pearce motioned for approval, Wolff seconded. Hughes said he thought he was supposed to work on this and bring it back. Pearce withdrew his motion. Wolff motioned that this issue be continued so that Hughes can work on the amendment and bring it back to Council, Pearce seconded. Vote was unanimous. Wolff motioned for approval of the Map Amendment to change the C -2 District in the Lazaretto Creek area to Maritime District, Pearce seconded. Youmans said he was against this because of his property being rezoned and he couldn't say anything. Youmans said his property lost value in that rezoning. Sessions asked if this was what the suit was about. Hughes said 110, not exactly, it was regarding the Text Amendment for allowable uses. Vote was 5, Wolff, Sessions, Buelterman, Crone and Pearce, in favor, and 1, Youmans, opposed. Buelterman adjourned for a 5- minute break. Buelterman reconvened the meeting after the break. Wolff motioned to advertise for a public hearing on a Text Amendment to Sec. 3 -080 — Marina Parking to require 1 parking space for every 25 linear foot of dock space, Pearce seconded. Vote was 5, Wolff, Sessions, Buelterman, Crone and Pearce, in favor, and 1, Youmans, opposed. 7 of 14 1 1 Wolff explained the proposed amendment to Sect. 2 -010 — Setbacks, to require the setback to begin at the buildable line instead of from the property line when the property is on the marsh. Youmans motioned not to advertise for public hearing, Crone seconded. Wolff said reason for suggesting this is that in our Code, if you allow more setback you can extend the height of the structure and we could, conceivably end up with a 100 ft. building. Pearce said he agreed with Wolff and we might look at this at a later date, after more study and review. Vote was unanimous. Wolff said he thought requiring driveways to be made of a pervious material was the most important proposal of all of these. He said we all know that drainage is a major issue on Tybee. Wolff motioned to advertise for a public hearing for amendment to Sect. 3 -080 — Driveways for a Text Amendment, Pearce seconded. Vote was 5, Wolff, Sessions, Buelterman, Crone and Pearce, for, and 1, Youmans, opposed. Hughes said we would advertise for the first meeting in May. Bargeron presented a request to purchase a new message board sign for the front of City Hall. He said they had put $25,000 in the budget, and the low bid for the sign was $22,500. Bargeron said this includes a 5 -year warranty, on site service, artwork on the panel and maintenance. He said D & D Sign Company would retrofit our current sign and it would receive signal through an antenna. There was a lot of discussion on whether a new sign was needed or not, and the amount of money that would be spent. Crone motioned to purchase the sign at $22,500, Pearce seconded. Sessions said she would like to see the sign utilize more for civic events and community announcements. Wolff agreed with Sessions and said he understood that this sign could be preprogrammed. Vote was 5, Wolff, Youmans, Sessions, Crone and Pearce for approval, and 1, Buelterman, opposed. Dee Anderson presented each Council Member with an example of Service Award Pins he plans to present to employees. He said they are in 5 -year increments and will schedule a luncheon each year and give them out at that time to. He said he and Diane Sikes had come up with an idea to name an Employee of the Month. Each Department Head would name an employee and a certificate or something to commemorate this achievement would be presented to the employees. Dee Anderson presented his reports for the Building Maintenance Department and the Building & Zoning Department. Copies are attached. Mayor Pro Tem Buelterman said he would like to move down the agenda and hear the 2 °d Reading of the District Use for Maritime District amendment. Buelterman said this change is in consideration of Attorney Mahoney. Crone motioned to approve on 2"d Reading, Wolff seconded. Buelterman said for the record, he would like to read a portion of the minutes from the Planning Commission meeting of March 15, 2004, they voted in favor, 5 to 4, of scratching residential uses from the list. Buelterman said that seemed to be an issue at the last Council meeting. Vote was 5, Wolff, Sessions, Buelterman, Crone and Pearce, for approval, and 1, Youmans, opposed. 8 of 14 1 1 Buelterman said he had received a lot of phone calls from employees regarding the change of insurance companies. He said they had concerns and he said he learned more about insurance than he wanted to. Buelterman said he met with Dee Anderson, and all of his concerns were addressed satisfactorily. He said he is convinced that this change is in the best interest of the employees as well as the City. He said Wolff had a proposal to alleviate one of the biggest concerns. Wolff said to help the employees who take maintenance drugs, which the cost went up $5.00 per prescription, he would like to establish a Wellness Benefit. He said the City would set aside 25% of the savings from this new company, the projection of monthly savings is $8,000, so $2,000 would be set up, and use that to pay back employees who have to take these prescriptions, 50% of the difference of the difference they are incurring. He said an example would be if an employee has to pay $50.00 more, this fund would reimburse him $25.00. Wolff motioned to set up this Wellness Fund with 25% of the savings to reimburse the employees 50% of their increased cost of prescriptions. Hughes said he thought that could be done. Pearce seconded. Buelterman asked if we could look at this and establish definite guidelines, and then bring back at the next meeting. Buelterman said are we looking at employees who are now on these medications, how many prescriptions as well as other questions that we have. Wolff said he doesn't want to exclude anyone. Youmans said Candler /St. Joseph's has this same plan and prescriptions have gone up twice. These costs will stay the same for 12 months. Thomson said we did talk to GMA and they were reluctant to release records. Hughes said he wanted to make real sure we are covering all of the retirees and they will be enrolled in any new plan. Anderson said they are scheduled to come in tomorrow and fill out the paperwork. Hughes said the insurance market is a tough one and the savings won't be the same next year as it is this year. Hughes said before you set up any wellness fund. Buelterman said this plan is already approved and said he thought we should look at the Wellness Fund, and come up with some specific recommendations and look at the long -term implications. Wolff agreed and withdrew his motion, and Pearce withdrew his second, also. Buelterman said the next item on the agenda was directly related to the deck collapse a few weeks ago. He said he would like the staff to find out what other beach municipalities do to prevent deck collapses because of the salt and sand. Bargeron spoke to Council regarding the safety issue and responsibility of up -keep on property. He said Tybee follows the International Residential Building Code of 2000. He said guidelines are set and projects are inspected to make sure those guidelines are followed. We have a contract with Chatham County and they are responsible for all of our inspections. This particular deck, at the time it was built, adhered to the code that in force at that time. There was a long discussion regarding this issue and it was determined that there was not enough staff or time to inspect decks to make sure they were safe. Bargeron said ultimately it is the property owner's responsibility. Bargeron suggested that they would be willing to hold a workshop concerning deck safety, and call managers of rental property and individual property owners, who rent out their homes for tourist lodging, to invite them to attend, as well as anyone else who wanted to. He said commercial decks have always been inspected for weight load requirements. Buelterman and Sessions agreed that we try to do something proactive to make sure this type of accident never 9of14 1 1 1 happens on Tybee again. Wolff asked to include his request for the owners of rental property to post the load limit on decks. Pearce spoke up and said that we could debate this issue for the next hour, and he motioned that we recommend to the City Manager that he research on the internet, or wherever he can find information, to see if he can find a solution, Wolff seconded. Vote was 5, Wolff, Sessions, Buelterman, Crone and Pearce, in favor, and 1, Youmans, opposed. Buelterman said that the first 7 projects on the list of Capital Improvement Projects had just about been completed and #8 was the drainage on Jones Avenue and 12th Street. He said he was not asking for any action tonight but that everyone look at it and come back to the next meeting and perhaps approve that an engineering study be done and start the bid process. Buelterman asked if there had been anything done on the 14th Street area. Thomson said that could be included in the 12th Street project. Youmans asked if a pumping station would have to be installed on the 14th Street project. Thomson said we would find out with the study and get a range of costs. Buelterman said he had been to several water /sewer conferences lately. He said one thing they recommend is that instead of having 1 large rate increase every 3 to 6 years, that cities have a small increase every year. He said he would like us to consider that. Youmans said he tried years ago to implement a cost of living increase and never could get it approved. Buelterman said there was a Sand Gnat Night at the baseball game coming up soon. He would invite a representative to come and let everyone know what that included. Pearce said his wife, Julia, was in Owerrie and presented the people there with a Proclamation signed by our Mayor, Walter Parker. He said the people of Owerrie cheered for Tybee Island. Pearce said he would like for the Weed Ordinance to be on the agenda for next meeting for discussion. He read the definition of a weed and said people have different opinions as to what is a weed and what is not. He said he would like to eliminate the rodent harborage in the Code, which requires people to eliminate all kinds of rodents. He said there are some good rodents, to which Youmans took exception. Pearce said he would like this to be placed on the agenda for the next meeting also. Pearce said that Jim Klutz had volunteered to work with our Finance Department and help get things caught up and in order. Pearce motioned that we accept Klutz's offer and acknowledge his assistance to the City. Paul Wolff seconded. Buelterman reiterated that this was strictly voluntary and Crone said that Klutz expected no pay. Hughes said he had some reservations about this, not with Klutz himself, but with the interaction with staff. He said Klutz is not in the hierarchy of the chain of command and we now have an Audi Committee, and said it was hard to put his finger on the concern. Hughes said we don't have volunteers in any capacity, interacting with employees, especially in a department that critical. Sessions asked if Hughes would feel better if we paid Klutz. Hughes said he would feel better if it was somebody to fill that job. Sessions said we l0 of 14 1 1 1 already pay Chris Lightle substantially and asked Hughes if that was what he would recommend rather than having a volunteer to do some these tasks. Hughes said he has no problem with Jim Klutz and that his problem is what is Klutz's position in the chain of command. He said does Klutz have the authority to tell Eleanor or Janice or anyone else what to do. He said he would feel better is we hired someone to fill that position and take over those duties. Pearce said he would modify his motion to hire Jim Klutz and pay him the sum of $1.00 per year. Buelterman said we don't have to make a decision tonight and that this item was not on the agenda. Pearce said he would modify his motion once again, to have this on the agenda for the next meeting, and in the mean time, have Thomson and Hughes meet with Klutz and work out the details of his duties and standing with the staff. Wolff said he had talked with some of the staff and they have no objections. Youmans said he agreed. Sessions she thought a volunteer should have a clear description of their job duties, who they report to and what authority they have with other employees, if any. Wolff said he had been in contact with Project Planet, a company who deals with hotels and motels to reuse towels and bed linens when people stay more that one night. This is one way to conserve water. He said Susanne Bums with the EPD in Atlanta, had agreed to donate $1,000 worth of the brochures and hangers to start a test program here on Tybee. He has drafted a letter to send to the owners and mangers of the hotels and motioned for Council to approve. He read letter to Council. Copy attached. Pearce seconded. Crone asked Hughes if this was legal and the answer was yes. Vote was unanimous. Wolff said he would like to motion that the City purchase $1,000 worth of water conservation kits to sell to citizens at $5.00 each and the extra showerhead for $3.00 each. The cost to the city is $4.25 per kit and $2.50 for the extra showerhead. The kit includes showerhead, toilet - floating bag to displace water in the tank and 3 aerators for bathroom and kitchen faucets. Pearce seconded. Hughes said the City could not compete with private business. He said we could promote water conservation in different ways. Wolff said he would buy $1,000 worth and sell them himself. Hughes to research and work on how it can be done. Wolff said the City had received the 12 recycle cans to be placed around the pier on the beach for aluminum cans. He said he had recruited 25 SCAD students to paint these cans on April 23, 2004. Wolff motioned for the City to purchase $200 worth of paint for this purpose, Pearce seconded. Vote was unanimous. Thomson said he had received a bid for the electrical upgrade of City Hall. Thomson said none of the other electrical contractors that we normally do business with, would consider doing the work without an electrical engineer's study because of the age of the building. Our electrical engineers recommended Smith & VandenBulck. Their first bid came in at $7,400 and when told of the authorized amount of $7,000, he came down to that amount. Thomson asked that Council approve this to go forward. Pearce motioned for approval, Wolff seconded. Vote was unanimous. 11 of 14 1 1 Thomson said he had talked with GMA regarding the early retirement package. He said the window will open on May 17, 2004 and will be a completely voluntary program. Thomson said there was a gym change order by HGB &D, which he had a problem with. He said the amount was $18,000. He said he thought they were charging us for something they should have known. Thomson said he, Hughes and Bill Lovett had discussed it and asked Hughes to give Council the results of that meeting. Hughes said the cost of the gym was originally based on a certain type of steel for the comers. The engineers required a stronger type. Hughes said with a project this large, you will have this sort of thing occur and it is covered in the contingency. Thomson said his position is that they should have known that stronger steel would be needed. Wolff said he understood the additional cost was for the steel not for the engineering. Thomson said the engineers called for the type of steel and when they got into the construction, they found the steel was not sufficient. Hughes said if you are going to have a gym, you are going to have to have the right kind of steel. Sessions asked if this was the first change order we've had. Thomson said we had one on the driveway and the roll -up doors, and we still have not gotten a price on the sprinlder system. Youmans asked who requested these change orders. Thomson said Council had discussed the roll -up door and the sprinlder system. Sessions said she didn't recall voting on it. Hughes said he recalled we were to get prices on the doors but it was never put out for bid. Wolff asked the Clerk to check the minutes and see if we voted. There was some discussion regarding whether change orders had been voted on or not. Thomson said he thought they had. Sessions said they had asked for a report every month or every other month, on what we are spending so they could stay on top. Thomson said he had the current report for them. Sessions wanted to know who had the authority to approve change orders. She said there should be only one person who can authorize a change order, and if it's over a certain amount, it should come before Council. Youmans said Council meets every two weeks and they should be able to wait two weeks for a change. Youmans said he would like to see every change order come before Council for approval. Buelterman said that Gene Kindrick asked to be placed on the Gym Committee. Buelterman said he would like for the date, time and place be posted on the message sign in front of City Hall, so that everyone will be aware of the meeting. Sessions asked if we have a report on the meetings and who is going to the meetings to represent the City. Thomson said he attended the first meeting and then stepped aside for them to elect a chairperson and run the meetings themselves. Dee Anderson said Claire Price had been attending and reporting back to Thomson. Youmans said these meeting should be advertised as other meetings are. Crone asked how many people were on this committee. Buelterman said 9 were originally appointed but he thought a couple of them had dropped out and some of the members were ex- officio. Pearce motioned to appoint Gene Kindrick to the Gym Committee, Wolff seconded. Vote was unanimous. Thomson said that a couple of the planning firms had called and offered to adjust prices on their bids. Thomson said he had discussed this with Hughes, based on the ethical considerations. Hughes said that is why you have the bid process. It is not really fair to let everyone know what the bid is from the companies who are bidding against you. 12 of 14 1 1 1 Thomson said he could not find any flaw with HDR and they were low bid by $50,000. Sessions said we give all those bidding for the service the same scope of work, but also allows them to include addition options. Thomson said he recommends HDR. Thomson said we can ask more questions and let them address specific concerns, then come back and vote at the next meeting. Crone said we keep putting it off and we should make a choice. Crone motioned that we accept HDR, the low bidder, Wolff seconded. Youmans asked where the money is coming from. Thomson said this is a specific project and according to Lightle, it is eligible for SPLOST funding. Thomson said he couldn't do the math right now but we expect to receive a lot. These funds are coming from the 2003 SPLOST. Sessions said she would like to take a little time to review the terms and conditions of the contract. She said all to often we have made an agreement that is favorable to the contractor and not to Tybee. She said that is the only reason she is not prepared to vote on this tonight. Vote was based on the contingency that the terms and conditions are acceptable. Voting for the motion was Wolff, Youmans, Crone and Pearce, and opposed were Sessions and Buelterman. Sessions said due to the length of the meeting and lateness, she would like to postpone the action item list. She said that she thought to have the action items on the agenda for second meeting of the month would be better since those meetings are usually shorter. All agreed. Pearce motioned to adjourn to executive session to discuss litigation, Sessions seconded. Vote was unanimous. Pearce motioned to return to regular session, Sessions seconded. Vote was unanimous. Pearce motioned to adjourn to executive session to discuss litigation, real estate and personnel, Sessions seconded. Vote was unanimous. Crone motioned to return to regular session, Pearce seconded. Vote was unanimous. There being no further business, Mayor Pro Tem Buelterman adjourned the meeting. alter W. Parker Mayor 13 of 14 1 1 1 Diane Sikes Clerk of Council 14 of 14 1 1 STATE OF GEORGIA COUNTY OF CHATHAM ) AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oa h+ after being duly sworn, deposes and on oath states the folio ng: (1) I was the presiding officer of a meeting of the Tybee Island City Council held on the day of , 2004. (2) That it is my understanding that O.C.G.A. ' 50- 14 -4(b) provides as follows: When any meeting of an agency is closed to the public pursuant to subsection (a) of this Code section, the chairperson or other person presiding over such meeting shall execute and file with the official minutes of the meeting a notarized affidavit stating under oath that the subject matter of the meeting or the closed portion thereof was devoted to matters within the exceptions provided by law and identifying the specific relevant exception. (3) The subject matter of the closed meeting or closed portion of the meeting held on the _ of �/ , 2004, which was closed for the purpose(s) of Sfi twiPd Qs tree- as allowed by O.C.G.A., Title 50, Chapter 14, was devoted to matters within those exceptions and as provided by law. (4) Any unrelated matters which were mentioned or attempted to be offered for discussion during the closed portion of the meeting were ruled out of order and not discussed. (5) This affidavit is being executed for the purpose of complying with the mandate of O.C.G.A. 1 ' 50- 14 -4(b) that such an affidavit be executed. This gday of Sworn to and su befor:. a this of • i DIANE J. SIKES Notary Public, Chatham CountK GA My Commission Expires July 8, 2007 g:\common\emh \14536\affiday.01 2004.