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HomeMy Public PortalAbout20080124CCMeeting (2)1 1 1 20080124 City Council Minutes Mayor Buelterman called the Consent Agenda meeting to order at 6:30pm. Present in addition to the Mayor were council members Crone, Brewer, Smith, Brown and Wolff. Mayor Pro Tem Doyle was out of town. Also attending were City Manager Schleicher and City Attorney Hughes. Mayor Buelterman listed the Consent Agenda items as: Special Event — St. Patrick's Day Parade on March 8th; Resolution to allow Marine Science Center to apply for a Coastal Incentive Grant for Sea Turtle Protection; Resolution to allow Marine Science Center to apply for a Coastal Incentive Grant for Water Quality Programming; Resolution to allow Marine Science Center to apply for a Coastal Incentive Grant for Invasive Species - Giant Pink Barnacle; City Council Minutes for November 29, 2007; Alcohol License and Sunday Sales for Lighthouse Pizza at 15 Tybrisa St. for Natasha Hean, Rich Hammon's; Mayor's Ex- Officio and Committee Appointments as follows: YMCA -Wanda Doyle Audit -Dick Smith Tourism Council -Barry Brown Marine Science Center - Charlie Brewer Beach Task Force -Paul Wolff Tybee Beautification -Eddie Crone Infrastructure Committee - Crone, Wolff, Brown Economic Development Committee - Doyle, Smith, Brewer Resolution to adopt the Community Agenda- Master Plan Resolution to allow City to apply for a Coastal Incentive Grant for a Water Test Study. Dr. Ochsner gave a presentation to council showing the need for the Memorial Trauma Center. He requested council and citizen support for legislation to fund the Trauma Center at Memorial Health University Medical Center. Mayor Buelterman requested a copy of the presentation. 1 1 1 1 Mr. Brewer asked about the status of the Air Ambulance Helicopter. Dr. Ochsner explained that the helicopter is still operating. His understanding is they are trying to find a way to outsource that service because it loses money and needs regulating because of the abuse of its use. Mayor Buelterman asked how much area the Memorial Trauma Center serves. Dr. Ochsner said approximately 8,000 square miles. Mayor Buelterman closed the Consent Agenda meeting. Mayor Buelterman called the Regular meeting of the City Council to order at 7:OOpm. City Officials listed as present during the Consent Agenda were still in attendance. Reverend Andy Lamon of Trinity Chapel United Methodist Church gave the Invocation. Everyone recited the Pledge of Allegiance to the Flag. Department Head reports were given to council by Chief Price, Joe Wilson, George Reese, John Redmond, Hillary Brodofsky and Woody Hemphill. Mr. Chuck Powell said the Planning Commission had spent the last eleven months looking at the shore protection ordinance at council's request. He said in July they appointed three sub - committees to study the issue and come back with recommendations. He said Christian Allen Joly, Libby Bacon, John Major and David Postal served on a committee to look at the existing codes around Georgia and other communities. He said Charlie Brewer, Rusty Fleetwood, Perb Fortner and Lou Off studied the Corps of Engineers interface with shoreline protection. He said Demery Bishop, Sandy Chandler, Bill Garbett and he studied the DNR approach to this from North Carolina, South Carolina and Georgia. Ms. Libby Bacon gave a presentation to Council and said the committee's final recommendations were that the ordinance needs to address the 18 lots directly impacted by any change; tear -downs and re- builds on combined Tots; storm damage rebuild and comprehensive hurricane build -back. She said they recommend getting assistance form the DNR and modifying the ordinance to incorporate scientific principles to stop further seaward advancement and specify reasonable setbacks to protect dynamic dunes. She said their goal is to protect the interest of property owners so a reasonably buildable lot can be built on and protect our vital sand sharing system. She said they are essentially throwing the ordinance back to council in order to approach DNR for help with drafting an ordinance that is scientific and will last a long time. Mayor and Council expressed appreciation to the sub committees for the enormous amount of work that went into these recommendations. Mr. Jim Boyle said he is the outgoing chairman of the Environmental Ecotourism Committee due to beginning Planning Commission duties next month. He said he doesn't believe the two should be together and that Ecotourism should be structured towards any ecology things that attracts tourist to the island. He said he believes the environmental part is just backing up all of our permitting processes. He said he received a request from Mallory Pierce requesting to be a voting member as well as chair the committee. He said in the past several years they have focused on tourist concerns like bike trails, kayak access and improvements to the parks like the Sally Pearce Nature Trail. He said they haven't had strong membership on the committee in approximately a year. 2 1 1 1 Mayor Buelterman said the appreciation plaques for outgoing Planning Commission members will be presented at the next council meeting. Ms. Pat Hughes said the diesel fumes from trucks are a carcinogen and she and her husband rent a unit at the Sandpiper annually during the off season to relax and recuperate. She said the delivery zone directly in front of her unit allows the diesel delivery trucks to idle there while they unload for the businesses creating an unhealthy environment for her to be in. She requested the city relocate the delivery zone to another area on Tybrisa where it will not affect the people staying on the strand. Mr. Tom Mahoney, Esq. representing the Sandpiper Homeowners Association consisting of 24 units requested that the loading zone be moved and said it should be moved for a number of reasons. He said it should be moved not only for the diesel fumes but the disruption to the homeowners and their guests. He said there is only one business located south of this loading zone. He said the property owners invested substantial amounts in this property with the understanding that they would be able to utilize the view and the open porches to enjoy at all times of the day. He said to be on the first floor and have the truck almost right up against you is not a good idea. He said for a number of years Silver Ave. and Izlar Ave. have accommodated the trucks and their deliveries to the commercial establishments. He said with the recommendation possibly to make those streets one way; the trucks could continue to utilize them. He said there is nothing wrong with also considering Tybrisa Street as a delivery zone and in fact is closer to the businesses that the trucks would be servicing. He said the trucks will deliver to the restaurants when they are not in operation and he feels this is just the time when the property owners are able to enjoy their property and their investment. He proposed moving it across the strand instead of having it jammed up against the condominiums. He presented a petition signed by 20 of the 24 owners at the Sandpiper, objecting to the presence of the large delivery vans and objecting to the presence of the delivery zone at its proposed present location. He said they are requesting the council put the loading zones on hold and form a committee to work with the property owners to see if the best needs of the city and the property owners could be achieved. He said they humbly submit that the best solution is not to have it directly located in front of the residential condominiums. He presented copies of the signed petition to council. Mr. Cullen Chambers requested that council allow him to continue to serve on the Coastal Redevelopment Council's Commission on Historic Preservation. He said he is currently chair of the committee that provides free advice to local coastal communities at no charge. Mr. Chambers also requested that council re- appoint a Historical Review Commission for Tybee Island. He explained that we are in a building lull which gives us a unique opportunity to look at our article 14 which has proven to be ineffectual without a Historical Review Commission. He said this commission could give property owners options and opportunities for money that they might not be aware of. He said members of this commission need to be well versed on History and Architecture. He submitted his recommendations to council for member appointments. Mr. Tom Sullivan requested a change in City Policy for water shut offs to include a specific exemption for homes involved in foreclosure. He said current city policy requires that property be sold and proof of 3 1 1 1 that sale be submitted prior to a final meter reading and transfer of service. He said while the current policy is very understandable with respect to revenue the circumstance that brings him tonight relates directly to revenue. He said as a real estate investor on Tybee he recently was able to purchase a property on Tybee from foreclosure. He said since 1999 when they began, the properties being foreclosed on Tybee averaged two a year. He said in the last six months there were about thirty six properties advertised for foreclosure. He said in his case the former property owner came into city hall and requested a final meter reading to pay his last bill and was told the final reading would not be done until the closing papers are received. He said one proposed modification for this situation would be to allow for water to be shut off in the event that the property is involved in a foreclosure. He said as the new owner he was told that if the former property owner left an outstanding balance, he may be required to pay it. He said he would hope that any new property owner on Tybee would only be responsible for water used after he takes possession of his property and asked for water service to begin. He said even though anyone can purchase property at the courthouse they cannot take possession of the property until after thirty days or more. Mr. Bill Cannon gave a short presentation of the annual report showing highlights of Beautification's 2007 activities. He thanked city officials and beautifications numerous sponsors for their support in helping the committee make Tybee a better place to live and play. Ms. Brucie Westerman gave a report on the Tybee Arts Association. Mr. John O'Neil asked council to ask Ms. Schleicher to revisit his concerns for one of the properties he manages in which the owner received a water bill including charges for the last four years. He said other properties have received water bills that are out of kilter and he wants to investigate because he doesn't know if the water actually passed through the meters on all of those properties. He requested council give the owner that lives out of state enough time to exhaust all avenues before it is final. Mr. John Yarborough of Spanky's on the Strand spoke to the complaints regarding the loading zone. He said he doesn't believe the fumes will be as big of an issue as discussed because the vehicles can be cut off. He said he thought the loading zone was great because the people renting units at the Sandpiper have always given him a lot of grief for the trucks being parked in the lane on Izlar Ave. He said he has had the people renting the units come through his kitchen just to tell him the trucks have to be moved out of the lane. He said as a business owner he has to get his product and he has thirteen plus vendors that he uses every week and they are essential to his business running properly. He said he doesn't feel the loading zone in front of the Sandpiper will solve the congestion problems but feels it will help. He requested to be involved with any discussions that are conducted. Ms. Jenny Orr of Fannie's on the Beach (next door to the Sandpiper) said she has been in business there for sixteen years. She said one of the things that have been missing in that commercial location is a loading zone. She said the city has a commercial district with restaurants in it and they have to get food. She said when they petitioned the city for a loading zone the only block that would work is that one block. She said it has no ingress or egress and has limited usage on the first floor and is not a public 4 1 1 1 gathering place. She said regarding the truck fumes, the trucks will not be running as they have been for the last fifteen or sixteen years while idling and waiting to get onto the strand to unload. She said she has seventeen companies that deliver to Fannie's on the Beach and they need another loading zone possibly on Tybrisa with another one on Butler. She said if additional loading zones are created then it would reduce the use of the one on the Strand by two - thirds. She said the small delivery vans should still be allowed to use the lanes but the larger trucks that will damage the sidewalks need the delivery zones and they average less than twenty minutes unloading to the businesses. She said none of the trucks get there before she arrives around 9:OOam. She requested that council allow the zone to stay. She said she has received pretty aggressive comments from the homeowners regarding their use of the lane. She asked council to bear in mind that those trucks can't roll raw food to the restaurants three blocks away. Mr. Dave Postle spoke in opposition to amending or repealing the Tybee Ethics Ordinance. He said Tybee has one of the finest Ethics ordinances in the entire state of Georgia. He said earlier tonight Attorneys' Frank Jenkins and Bubba Hughes gave an overview to council on the Ethics ordinance. He said Mr. Jenkins indicated that Tybee's Ethics ordinance is the widest ranging and detailed ethics ordinance he has ever seen. He said Mr. Jenkins indicated there might be a few areas that need to be reviewed for adjustment. He said he would rather live under too much specific law then not enough law; that would not only allow, but in some cases would encourage abuse. Ms. Gloria Leonard asked council where they proposed to get $72,000 for sidewalks. Ms. Schleicher said staff is recommending it be taken out of the 2003 SPLOST because they have about $300,000 undesignated. Ms. MaryAnn Himes said what she asks from her elected officials is honesty, integrity and accountability. She said she feels if council acts to do away with an ethics ordinance they don't meet that criteria. Ms. Freda Rutherford said the ethics ordinance was developed by countless hours given by volunteers with varied backgrounds. She said the predecessor to the ethics ordinance was the procurement ordinance. She said that ordinance came out of the audit committee and Jan Fox chaired the committee at that time. Ms. Rutherford said that procurement ordinance did meet with resistance as all change does, but fortunately they had Ms. Fox move over to City Hall and write that ordinance and implement it. She said that has successfully been implemented and over time they have heard less and less about it. She said it was an incredibly important thing to do as anyone that was close to the finances of the island knows. She proposes if council has problems with sections of the ordinance they should go through a review process and give their input into the needed changes but not throw out a year's work by dedicated citizens. Ms. Ann Miller said she served on the Ethics Committee that wrote the ordinance. She said there were only two people that gave input into the ordinance and she believes it needs to be reviewed and rewritten. Mayor Buelterman announced that there were no disclosures submitted for this agenda. * ** Mr. Hughes said the zoning petition not requiring a public hearing is to give formal approval to a change that was made with staffs approval at the Battery Row subdivision, which will be coming back for final 5 1 1 1 plat approval. He said this change was done during the construction process and deals with the surface of the street. Mr. Brown asked if the change was from pervious pavers that were proposed when the project started several years ago. Mr. Hughes said it was initially going to be asphalt and was changed to crushed rock. Mr. Brown asked if this was a driveway. Mr. Hughes said it was a private street. Mayor Buelterman said this was approved by the Planning Commission. * ** Mr. Brewer asked if council was voting on the loading zone issue in front of the Sandpiper condominiums. He said he wanted to state for the record that he is a property owner there just in case it comes up later on in the meeting. He said he would not want to vote on something he has a financial interest in. Mr. Hughes said he would recommend that Mr. Brewer not participate in that even though he is not entirely sure it necessarily fits the category. Mayor Buelterman opened the public hearing for a proposed charter change to the way we elect officials on Tybee. He said there will be another hearing on February 14th if council decides to move forward with it. He explained that the change would be for the council people to run for posts. Mr. Peter Berquist spoke in opposition to Election by Posts. He said it would be less fair and less representative than the present system. Mr. Ron Calloway spoke in favor of Election by Posts. He said what it does is put the responsibility back on the people and makes them accountable for the seat they sit in. He said he thinks that would be good for Tybee and he would like to see it go for the legislation to be put it in front of Tybee voters. A concerned citizen said that she doesn't want to see neighbors pitted against each other and there is no need to factionalize this island any more than it already is. She said there was a lot of conflict during the last election and for the most part that needs to be avoided. Ms. Elizabeth Hodges said the Tybee Neighbors Group is running a mini survey on this issue in order to get the public's opinion. She said their website is tybeeneighbors.com. Mr. Henry Levy said Tybee is too small of an island to have that kind of factious going on. He said if we end up with two bums running in one area and two good guys running in another, we end up with one bad guy and one good guy; where in an open election we would get the two good guys. Ms. Dodie Gay said she likes the opportunity to talk with all council people and she is not sure there would be that same quality if she were only allowed to talk with one person. Mr. Dave Postle said to his knowledge there has not been a document given that outlines the intricacies of Mr. Smith's proposal. He said that may have saved a lot of time and trouble. He asked what was wrong with the last election which resulted in the six people that are on council now getting there because of receiving the most votes. He asked how much more democratic it could be. He said if you had more than three candidates for the same post, would the winner be required to get 51% of the vote in order to be elected or would the two top vote getters have to participate in a runoff. He said they don't have answers to those questions. Dr. Dee Tsoulos said Tybee Island is about as close as anyone in this country can get to a true participatory democracy. He said we are small enough, not diverse enough geographically, economically nor in numbers. He said we will stay small enough to retain that capability. He said we drink with our political opponents and it's great; why fractionalize it more? He said continuity does not rest with the 1 1 1 city council but rest s with a competent city manager and staff. He asked why we would try to change a system that works. He said the citizens of this island control the government and their destiny. Ms. Lawanna Tsoulos said the charter change was not discussed during the campaign and she feels that the citizens have gotten a bait and switch. She said her feeling is not to do it until it can be brought out into the open during the election process. She said it would not be fair to make the change now. Mayor Buelterman asked Mr. Hughes for some guidance on where to get answers to the questions asked tonight. Mr. Hughes said that is why it is so difficult to have the proposed change in hand; because sometimes you need to have the public hearing in order to have the questions posed that could be included on the eventual bill that would be a part of the referendum; such as, whether or not to have a run off or the highest vote getter of two, seeking one post. Mr. Dick Smith said he mentioned this charter change at every candidate's forum during the election. He responded to Ms. Gay's concern about only having one representative and told her she would get to vote for all six seats and not just one person. He said you would be represented by six people just like you are now. He said the difference would be if someone thinks a council person is not doing a good job and they want to run against him; they could run against him and those two candidates would campaign and debate each other. He said this change would eliminate forums where we talk in generalities for however long it takes and hope we're pretty enough to get elected. He said he had no problem with the last election and the people he wanted won. He said the problem is, when he votes for himself and Mr. Brown, Ms. Doyle, Mr. Crone and Mr. Brewer, he is voting for himself once and voting against himself 4 times. Mayor Buelterman read a letter sent to Mayor and Council from Jeannie Hutton in which she spoke in opposition to the charter change. * ** Ms. Schleicher presented a change order from Coastal Grading for $72,945 from line item 100- 7520 -54- 1405 - Tybrisa Sidewalks. She said the city had an $80,000 TEA Grant that was supposed to be applied for the sidewalks but was stuck in a bureaucratic hole in Atlanta. She said she is concerned with signing that paperwork and bidding the project because of the timing and the possibility of bumping up against the Tour de Georgia event along with ruining most of the March season for downtown. She said the proposed change order amount is Tess than the Engineer's estimated amount for the sidewalks. She said the concern is they are running into a budget deficit and therefore are requesting to use some of the 2003 SPLOST funds for this change order. She said they will work with the granting authority to try and get the grant funds shifted to another project in order to utilize them. Mr. Brown asked if the contractor had an open ended contract for change orders. Ms. Schleicher said the contractor has unit material prices because the city requested those in the project bid. She said they are able to go back and see if his prices are in line with what he stated in the bid. Mr. Brown asked if they had any comparisons other than this contractor. Ms. Schleicher said this was an extremely good bid. Mr. Smith said when he asked where the money is coming from Ms. Schleicher said it was coming from the skate park money. Ms. Schleicher said what she said was there was consideration of taking it from the skate park money plus additional matching funds of $20,000 that we have. She said after discussing this with staff they determined this project qualifies for SPLOST which means council will have the flexibility to address all of the other general fund budget items. Mr. Smith asked how much will be taken out of SPLOST to complete the project. Ms. Schleicher said she recommends taking at least 7 1 1 1 $200,000 out of SPLOST to complete the project. Mr. Smith asked what project from the SPLOST list would not be done in order to spend that money. Ms. Schleicher said they have about $300,000 in interest that is undesignated from 2003. She said she assumes some of the SPLOST projects came in under budget and they have been earning interest in the meantime which has resulted in that amount being undesignated. She said council will have to make an amendment at a subsequent meeting. She said this change order was recommended by the Infrastructure Committee. * ** Ms. Schleicher presented change order from Coastal Grading for $1,880 from 100 - 7520 -54 -1405 to replace an old waterline to the Marine Science Center. She said the Infrastructure Committee had recommended approval. Mr. Brown asked if Ms. Schleicher had the unit pricing on the water line too. Ms. Schleicher said yes it was part of the bid. * ** Ms. Schleicher presented a special event application made by Mary Ingalls and the Tybee Arts Association for a Tybee in the Spring Art Show. She said the last time this came up the council was adamant that no vehicles be allowed in the park because of the ground repairs that were needed. She said there would also be no sleeping in the park and the vendors would be required to provide their own extension cords. Mr. Wolff asked if there was a way to keep vendors from taking customer parking spaces and still keep their vehicles close to them. Mayor Buelterman asked if there was anything that Ms. Schleicher wanted to add to the special event application for the Fall Art Show. Ms. Schleicher said they have the same issues for both shows. * ** Ms. Schleicher presented Task Order No. 2007 -09 from Olsen and Associates for the Cultural Resource Investigation at a cost of $35,000 from item number 320 - 6125 -54 -1402. She said this is for checking for anomalies when their doing the borrowing site. * ** Ms. Schleicher presented Task Order No. 2007 -08 from Olsen and Associates for the Tybee Island Design Documents for $130,000 from item number 320 - 6125 -54 -1402. She said this would get the optimum profile of the beach in order to make recommendations to the Corps of Engineers in order to hopefully eliminate the issues on the curve. * ** Mayor Buelterman said his recommendation is they not move forward on RFP -08 -002 for the expansion of the campground due to the high projected cost. Ms. Schleicher said staff would like to table this RFP at this point in order to get information from council during the budget workshop. She said the RFP exceeds the budget. Mayor Buelterman said Mr. Smith brought up the need for a discussion concerning the zoning of the campground that will need to be taken up at the workshop also. * ** Ms. Linda Gladin asked to re focus the argument concerning the Ethics Ordinance for a moment in order to degrade the public's suspicion. She said the citizens of Tybee Island deserve impartiality. She said the sole purpose of any governmental code of ethics is to insure impartiality. She said it does not prohibit having relationships or getting gifts or having political contributions. She said it just says that at some level you have to say "okay I can't be impartial ". She said she contends the reason they are discussing 8 1 1 the repeal or suspension of this ordinance is because it is working and a matter coming in the near future will require significant recusals of council. She said the ordinance goes into great detail about the appearance of impropriety as a force in defeating public confidence. She said the fact that you would rush in to suspend or repeal the ordinance instead of amend and modify seems stinky to the public. She said she disagrees with Ms. Miller's statement that only two people worked on this. Ms. Gladin said she worked very hard on it but there were a lot of opportunities for many people to participate. She said it was a very diverse group of people. Mayor Buelterman opened the meeting for business legally presented. * ** Mr. Wolff moved to approve the items on the Consent Agenda as listed earlier, Mr. Crone seconded and the vote was unanimous. * ** Mr. Wolff moved to appoint Mr. Pearce to the Environmental Committee, Mr. Brown seconded for discussion. Mr. Smith asked if Mr. Pearce would be the only member of that committee. Mayor Buelterman asked for something in writing from Mr. Boyle for their review for the next council meeting. Mr. Wolff asked Mr. Boyle to come back for the next meeting with a list of members. He said anyone at home that wants to volunteer their services to this committee would be appreciated. Mr. Smith asked anyone interested to bring their resume to city hall and give it to Vivian Woods. He said they will review those resumes and appoint from that. He said he recommends the same action for the committee that Mr. Chambers proposed earlier. Mr. Brewer said he would like to see a member list of the committee with their skill sets to determine what they are going to do and what their purpose is. He said it seems there is confusion on that committee on what they are supposed to be doing. He said not to be negative but there seems to be a need to educate this council on the purpose of this committee. Mayor Buelterman requested that Mr. Wolff withdraw his motion and Mr. Brown withdraw his second. He requested that Mr. Boyle return on February 28th with a list of current members and their functions and other specific recommendations regarding splitting the committee. He said at that time council can make appointments for specific members to the committee. Mr. Wolff withdrew his motion and Mr. Brown withdrew his second. * ** Ms. Schleicher said she has had what she believes are pretty good meetings on Thursday's at 3:00. She said she was asked by not only the businesses but the property owners to explore reinstating the bump in loading zone on Tybrisa across from Chu's and the Infrastructure Committee is looking at the plan. She said staff has identified an additional possible loading zone by the Atlantis Inn. She said having three zones would theoretically split up the amount of trucks utilizing just one zone on the Strand. She said she contacted SISCO foods and was told their SOP dictates the trucks are supposed to be cut off with the keys out of the ignition. She said the refrigerated trucks have to be kept on but those trucks are not diesel. She said she believes they can make it work with signage and enforcement. Mr. Wolff said he believes spreading the loading zones out is a good compromise that will benefit the businesses and the property owners. Mr. Brown said if that curb cut was not there and it was a straight curb; do we have anything in our policies now to stop one of those trucks from stopping there and unloading in front of the Sandpiper, Fannies or Spanky's. He said he witnessed a lady giving a young man a "Natural Born Cussing Out" when he blocked her entrance to her garage with his big truck. Ms. Schleicher said the 9 1 1 1 reason they looked at the loading zone where it is was because of the problems with the alleys. Mayor Buelterman said they were comfortable with Ms. Schleicher moving forward with mitigating additional loading zones and keeping the loading zone where it was currently located but they would revisit it if needed in the future. Mr. Wolff moved to allow Mr. Chambers to continue to serve on the Advisory Committee, Mr. Crone seconded. Mayor Buelterman said this committee that Mr. Chambers is serving on is with the Regional Development Council and is a lot like the Coastal Advisory committee that former Mayor Parker is serving on at the city's request. And the vote was unanimous. * ** Mr. Wolff moved to activate the Historical Preservation Committee and accept resumes from qualified individuals to serve on it. He said he had discussed with Mr. Chambers and others about becoming a certified local government which would enable them to qualify for grant money in terms of historic preservation and education. Mr. Smith said it is important to let people know that if they want to serve on that committee to send a resume to Vivian Woods in order to allow council to review for appointments. Mr. Brewer seconded for discussion. Mr. Wolff said he would like this committee to review the present ordinance that is woefully inadequate and make it a more useful tool in historic preservation. Mr. Brewer asked why this committee was disbanded. Mr. Chambers explained that it took two years to enact the historic preservation ordinance and they were appointed by council. He said the other part of the recommendations for this committee by council was to provide a listing of the historical properties on Tybee and that was done also. He said the other issue they were addressing was historical districts and that's where they hit the roadblock because there was a lot of misinformation perpetuated through the community about how they were going to be restrictive. He said in fact the intent was not to be restrictive but to give property owners options and opportunities to pursue tax credits. He said with the failure to have the local historic district designation there was no reason for that committee to continue to meet. Mr. Chambers said he would be acting as an ex- officio non - voting member because he doesn't live on the island. Mr. Brown said he believes all committee members should be required to live on the island and for at least a year. He requested that these requirements be implemented into all the committees on the island. Mayor Buelterman said Mr. Brown would need to put that as an agenda item on another meeting. Ms. Allen said she has reviewed Article 14 of the Land Development Code and like a lot of things it could use some attention. She said the requirement for a certified local government does require a formal Historic Preservation Commission where the members have to meet certain education and experience requirements. She said a formal Historic Preservation Commission requires a series of steps and a greater level of public and council education than we have tonight. She said she does like the idea of a step towards increased historic preservation activities on Tybee. Mr. Wolff restated his motion to reactivate this Ad Hoc Committee to study Article 14 in the Land Development Code and hopefully will come up with a workable ordinance that would reinstitute the Historic Preservation Commission which would qualify us in part for becoming a qualified local government. Mr. Brewer seconded, and the vote was unanimous. * ** Ms. Schleicher asked council to allow her to come back with a recommendation from staff on water account policies to fill the stop gap situation. Mayor Buelterman asked that she bring it back the 2nd meeting in February. Mr. Wolff said we have people moving off the island that owe hundreds of dollars 10 1 1 1 in water bills that we are unable to collect legally. He asked if Ms. Schleicher and Mr. Hughes could work on and fix that while we are looking at this other issue. Mayor Buelterman asked Ms. Schleicher to put this through the infrastructure committee for a recommendation. Ms. Schleicher said she would like to have OMI read the meter that Mr. O'Neal was referring too. She said she knows our staff has read the meter but she would like to have a second set of eyes look at it in order to bring a recommendation back to council. She said this is beyond the policy in which the city allows her to make decisions as far as a water bills are concerned. Mayor Buelterman asked if this could come through the Infrastructure Committee too. Mr. Brewer said they had fifteen pages of analysis that enabled them to understand the last water bill request and believes they should have the same due diligence in order to make this decision. Mr. Wolff said we are currently installing a system that will detect leaks and send them to a central panel at the water and sewer department. He said we will no longer have problems with people who don't live here and have six month water leaks go undetected. Ms. Schleicher said this system will build consumer confidence because they will be able to contact people with water leaks and the system detects tampering also. * ** Mr. Wolff moved to approve the minor revision to a subdivision requested by Clyde Johnson regarding the surfacing of Battery Drive, Mr. Crone seconded. Mr. Brown asked if this was going back to gravel instead of the asphalt that was originally proposed. Ms. Allen said yes. And the vote was unanimous. * ** Mr. Wolff moved to approve change order #9 for Coastal Grading in the amount of$72,945 for Tybrisa Sidewalks, Mr. Crone seconded and the vote was unanimous. * ** Mr. Wolff moved to approve change order #12 for Coastal Grading in the amount of $1,880 for the replacement of the Marine Science Center water line, Mr. Crone seconded. Ms. Schleicher said the line item that was listed on the agenda was the project line item which is not correct and she would amend that number. Mr. Brown asked what size line was going to be replaced. Ms. Schleicher said a two inch line. Mr. Brown asked if that line was adequate enough to accommodate the remodel on the Marine Science Center and a fire sprinkler system, if one has to be put in. Ms. Schleicher said she believes fire protection requires a separate line. Ms. Schleicher said they can look at doing another line or coming in from another area because there are other options for that but we replaced this one because we had the road open. Mr. Brown said he wants to make sure they don't have to open up the road 5 years in the future because they need a larger line put in. Mayor Buelterman explained that the previous council authorized Ms. Schleicher to approve minor change orders because of having council meetings every two weeks and he told them the work had already been done. Ms. Schleicher said this change order was approved at the last infrastructure committee meeting. And the vote was unanimous. * ** Mr. Wolff moved to approve the Special Event permit for Tybee in the Spring Arts Festival, Mr. Crone seconded for discussion. Ms. Schleicher said she would like the approval to have conditions of no parking in Memorial Park and vendors bring their own extension cords to use. Mr. Wolff said his motion is to defer to staff on the conditions. Mr. Brown asked if this was the event in which they charged people 11 1 1 1 to use spaces. Ms. Schleicher said the way she understands it is the vendors pay the organizers to participate in the event in the park and on the pier. Mr. Brewer asked if the issues were with having the event or with parking for the event. Mayor Buelterman said some people believe this event brings additional visitors to the island for the shoulder season and some feel that an event like this is not fair to people who have places of business and pay rent, taxes and license fees to operate. Mr. Smith asked if that was the same issue as Hot Dog and Ice Cream vendors on the beach. He said isn't that why we don't allow vendors because it infringes on the rights of the people who are running their businesses year round trying to make a living. Mr. Brown asked how much money the city makes off of these events. Ms. Schleicher said it depends on the number of vendors. Mr. Brown said he heard the vendors pay $150 to $175 each. Ms. Schleicher said the city only charges $25 per vendor. She said the organizers charge the vendors for being there to cover overhead for putting on the show. Ms. Schleicher said she saw the statement for the event on the pier and it made no money. And the motion carried 3 to 2 with Wolff, Brewer and Crone voting in favor and Smith and Brown opposed. Mr. Wolff moved to approve with staff recommendations the Special Event permit for Tybee in the Fall Art Show, Mr. Crone seconded. Ms. Schleicher asked for clarification of Mr. Wolff 's motion. Mr. Wolff said he approves staff conditions but wants Ms. Schleicher to work with the organizers to determine a plan where the vendors aren't forced to park in customer spaces. Mr. Brown said after the expenses are paid; where does the extra money go? Ms. Schleicher said in the past Ms. Ingalls and Mr. Douglas kept the money for putting on the event. Mr. Brown said he wanted to draw attention to the fact that people who are organizing are making the money. Mr. Brewer said the point is we want to see the people that make the money pay for any damages out of the proceeds from the event. Mr. Smith requested a vendors list in order to determine how many vendors are Tybee people. And the motion carried 4 to 1 with Wolff, Crone, Brewer and Brown voting in favor and Smith opposed. * ** Mr. Smith moved to approve the Task order for Olsen and Associates for $130,000, Mr. Wolff seconded and the vote was unanimous. * ** Mr. Wolff moved to approve the Task order for Olsen and Associates for $35,000, Mr. Smith seconded and the vote was unanimous. * ** Mr. Smith said he talked with Mr. Hemphill about the RFP for the campground and asked him to review his scope of work to determine if he could cut back on his needs rather than do all of this at one time for over $400,000. He strongly urged council if they are going forward with the expansion of the campground which is a non - conforming use in a R -1 district that they have it rezoned. He said they also need to look at the lighthouse, legion and the museum as well as everything else that is inappropriately in the R -1 district at this time and has been ever since we've had zoning. Mr. Brewer asked if the RFP contained the LEEDS requirements and if that was the reason for the increased cost of the project. Ms. Schleicher said the RFP only contained skylights and tank less toilet requirements. She asked if she could have Mr. Hemphill restructure the RFP and drop back on some things and have them as alternates so we can isolate those items. Mr. Wolff recommended the solar options. Ms. Schleicher said she needs the complete list. * ** 12 1 1 1 Mr. Wolff moved to approve the Water Resolution to raise the water rates 3% based on the CPI for 2007. Ms. Schleicher asked that this resolution include Monthly and Bi- Monthly rates, Mr. Smith seconded. Mr. Brewer asked the comparables be made available to the public just as they are to council. Ms. Schleicher said the Commercial -Multi Family rate is going from $22.20 to $22.87 bi- monthly and when we do it monthly they will have an $11.44 charge. She said the residential rate is going from $10.66 to $10.98 or $5.49 monthly. The vote was unanimous. Ms. Schleicher asked that council review the ordinance for Tiered Rates and Monthly billing. She said after a rate study is completed a rate increase may come before them but this will give them the ability to go to the tiered system. Mr. Wolff said there will be mandates in legislation if approved that require an approved conservation water rate schedule. He said this ordinance will enable Tybee to do that. Ms. Schleicher said before any rates are adopted this will come back before council. Mr. Wolff moved to approve, Mr. Crone seconded, and the vote was unanimous. * ** Mr. Crone said there are parts of the Ethics ordinance that need tweaking but he doesn't think they need to get rid of the whole thing. He said we need competent certified ethics people to tweak it and it needs to be put in layman's terms. Mr. Brewer said he believes Tybee needs an ethics ordinance because they can't give the appearance that city officials are an unethical group of leaders. He said in the ethics board meetings which he participated in for a short time, it was stated that the ordinance is a living document and not a one time write. He said you write the ordinance, review it and see what happend during the previous year. He said in his opinion there is nothing wrong with this council reviewing the document and he believes it should be reviewed annually because city officials wouldn't want to see this government handcuffed with a lot of frivolous issues. He said we failed in the rollout because we didn't train people. He said the ordinance dictates all the official committees will be trained and not one has been trained. He said although it's a great thing to have an ethics ordinance we haven't implemented it properly. He said we need real training because it has real consequences and the training needs to measure up to the consequences. Mr. Wolff said this ordinance is a synthesis of the best part of a lot of ordinances that the Ethics Board looked at. He said it does need tweaking, specifically because of what happened with the Planning Commission. He said Mr. Hughes reviewed every part to make sure it was fair, thorough and enforceable and it is. He said during the training session earlier tonight several council members said they had not read it which is inexcusable. He said he hopes the employee handbook comes out soon and everyone gets a copy. He said everyone on the Ethics Board should be commended for the work they put into this ordinance. He said we are all subject to this ordinance so read it and then work on it. Mr. Brewer said this document has been asleep and the changes will only come when people are in a classroom setting reviewing the document. He said the document is out there and the city is bound to it but not trained on it. He said having an ethics ordinance doesn't mean a thing as long as no one knows what they are committed to do. Mr. Crone said he isn't against the ethics ordinance he just believes it needs a little tweaking. 13 1 1 1 Mr. Smith said he doesn't think anyone on council had the intention of throwing out the ethics ordinance. Mr. Brewer said in the business world once a document like this is designed you assign a program manager to it. He said there is a whole phase of the ethics ordinance that hasn't been addressed and that's the rollout, the training and the next tweaking phase. He said those things are only going to happen if you put someone in charge of it. He said maybe it could be someone within the Ethics Commission. He thinks the commission should assign a program manager to rollout the training and to have the resources of that committee to make it happen. Mr. Hughes said one of the tasks of the ethics commission is to make recommendations for changes to council. He said rollout was to have occurred by meetings with the various people impacted by the ordinance. He said we can do that through the Ethics Commission, if anyone on it is willing to invest the time. Mr. Hughes suggested he get back with Frank Jenkins who had some recommendations and they will document those and distribute them to council and anyone else that wants them, and work on training in the meantime. Mr. Smith moved to have Mr. Hughes and Mr. Jenkins give council recommendations on the ethics ordinance for their review, Mr. Crone seconded, and the vote was unanimous. Mayor Buelterman said Jimmy Brown is the TEMA Director and has done a great job of identifying citizens in need of Hurricane Evacuation. He requested that anyone knowing any person that needs transportation off of the island in case of a hurricane get their names to the city so we can make sure they are on the list. He said parking services will get them to the civic center in order for them to be evacuated. * ** Mayor Buelterman said Jacksonville and Miami installed rings on their utility poles to let people know how high storm surge can get. He said DPW has been assigned that task for next hurricane season. He said visitors have no way of knowing what Category 2 or 3 storms can bring. Ms. Schleicher said there are issues with doing the rings on utility poles so they are looking at installing posts at North Beach, the Pier and Marine Science Center area and also at City Hall. Mayor Buelterman requested that Ms. Schleicher install the posts. * ** Mr. Smith said there is a budget work session on Feb. 2"d and he believes that some freezes have been initiated. He said his concern was the projected 2008 budget and looking at it versus the 2007 net revenues. He said he couldn't find where we could come up with the money for the 2008 budget that was passed by the former council. He requested the freeze of large items until the budget review except the beach renourishment and the Strand project. Ms. Schleicher asked what council's wish is concerning the sound system in city hall. Mr. Smith asked that she move forward and everyone agreed. * ** Mr. Smith asked council to consider looking at the feasibility of selling time shares at the campground. He said we would sell a certain spot for a certain week. He said if we take half of the spaces as an example and they sold for $5,000 a week for 50 weeks we would be looking at 12 million dollars. He said there is the possibility that we could take that money and put it in an escrow account and make our annual payments rather than borrowing the money. He said he is asking for permission to conduct the 14 1 1 feasibility study. He said we might sell more or less but we would not be selling the campground. Mr. Brown moved to allow Mr. Smith to do a feasibility study on timeshares at the campground, Mr. Brewer seconded and the vote was unanimous. * ** Mr. Hughes introduced the 1st Reading of the Franchise Fee Ordinance. He said the state passed a law that permits them to issue the franchise to cable vision instead of it being issued on a local level. He said the GMA recommended and he has written an ordinance that provides in the event that occurs, Tybee's franchise fee will be 5% just as it is now under the existing franchise agreement. Mr. Wolff moved to approve, Mr. Crone seconded and the vote was unanimous. Mr. Wolff moved to go into Executive Session to discuss Personnel, Real Estate and Litigation, Mr. Brown seconded and the vote was unanimous. * ** Mr. Wolff moved to return to Regular Session, Mr. Smith seconded and the vote was unanimous. * * * Mr. Wolff moved to adjourn, Mr. Smith seconded and the vote was unanimous. , 1 &fa 0 0 7 L 4 40 44 fY‘'''' Vivian O. Woods, Clerk of Council ayor Jason Buelterman 15