HomeMy Public PortalAbout20081113CCMeeting1
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220081113 City Council Minutes
Mayor Buelterman called the Consent Agenda meeting to order at 6:30pm. Council members present
were Mayor Pro Tem Wanda Doyle, Charlie Brewer, Eddie Crone, Dick Smith and Paul Wolff. Also
present were City Attorney Bubba Hughes, City Manager Diane Schleicher and Planning and Economic
Development Director Brannyn Allen.
Mayor Buelterman listed the following items on the Consent Agenda:
Beach Task Force Committee: Request for City Council to send a letter to Jasper Joint Project
Office on behalf of the City requesting Tybee Island to be part of Georgia /South Carolina
Jasper Port Long Range Planning.
Special Events Application: Lights on for Tybee 12/12/08 6:30pm: asking for closure of
Tybrisa Street from 5:30pm - 9:OOpm this includes all around the Roundabout. Also tree
setup & any preparations as needed for this event will be provided by DPW.
Special Events Application: Polar Bear Plunge January 1, 200911:OOam -1pm, requesting
waiver of fees for special event ($100), vendor fee ($25) & Beach Permit fee ($25) Totaling
$150. Also asking for the City to Co- Sponsor Event.
Special Events Application: St. Michael's Oyster Roast - February 1, 2009 10:OOam to 6:OOpm
at Memorial Park Pavilion.
Special Events Application: Art in the Park -Mom's Day May 9th-10th, 2009 10:OOam-6:OOpm.
Permission for vendors to drive on grass for loading & unloading only. Also asking DPW to
provide trash /recycle containers. TAA to pay for parking cones and Port-a -Jons.
Special Event Application: Festival of the Arts - October 17th -18th, 2009 10:OOam-6:OOpm.
Requesting 45 parking passes for artists & volunteers, also 7 -15 vendor spots at base of
pavilion and additional vendor spots between Marine Science Center and the strand.
Special Event Application: Art in the Park -Tybee Days November 21 -22nd, 2009 10am to 6pm
Permission for vendors to drive on grass for loading and unloading only. Also asking DPW to
provide trash /recycle containers TAA to pay for parking cones and Port-a -Jons.
Resolution to Authorize Ms. Schleicher to apply for Georgia Recreational Trails Grant /max
$12,100 City Share
Request for applicants to the Better Hometown Board of Directors: To be appointed in
January, 2008.
Suspension of Parking Enforcement: Only for payment & parking duration at meters from
11/28 - 12/31/2008.100 -00 -34 -5415 parking revenue loss is estimated to be less than
$20,000
Minutes for City Council Workshop: 10/18/08
Alcohol License for Special Event- St. Michael's men's Club @ Memorial Park.
Motorola Agreement for Police Department /Maintenance and Support.
Mayor Buelterman adjourned the Consent Agenda.
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Mayor Buelterman called the regular meeting of the City Council to order at 7:OOpm. Those at the
consent agenda were also in attendance for the regular meeting.
Invocation and Pledge of Allegiance:
Sister Terancia of St. Michael's Catholic Church gave the invocation and everyone recited the Pledge of
Allegiance to the Flag.
Report of Officers, Boards, Standing Committees and or invited guests:
Mr. Joe Wilson gave the quarterly report for DPW. He said he is coordinating with the Corps of
Engineers trying to map the infrastructure on the Island.
He said he is working on the crossovers in house and is about half way through the one in front
of the Marine Science Center. He said they are looking for a significant money savings there. He said the
crossover at Bay & Byers will have the hearing around February for the permit.
He said the 14th Street drainage project is going out for bid soon.
He said they are trying to get a GPS unit and software to further locate mapping of other city
infrastructure such as crossovers, beach swings and a tree inventory. He said if they ever have a
hurricane FEMA will replace the items that are mapped. He said the Corps of Engineers is taking care of
the site right now.
He said they are planning to purchase electric cars to replace the vehicles doing bathroom
maintenance and parks and recreation as well as parking enforcement.
Ms. Bonnie Kline gave the quarterly report for Finance. She said they are still working with the
auditors on the June 30th audit. She gave the following Financial Report Summary:
Revenue Expenditures Net Income
General Fund $7,722,162 $6,460,632 $1,261,530
Water Sewer Fund $ 770,237 $ 930,483 ($ 160,246)
E -911 Fund $ 42,137 $ 42,137 -0-
Hotel /Motel Tax Fund $ 719,690 $ 719,690 -0-
Solid Waste Fund $ 280,766 $ 421,854 ($ 141,088)
Campground Fund $ 413,239 $ 476,011 ($ 62,772)
Ms. Kline said when they changed the fiscal year they knew there would be problems but they
didn't know what they would entail. She said the main problem is she can't put the 09 budget into
incode with the 08 budget still in there so she has been putting it on excel worksheets because it is an
important component. She said she has been speaking with incode every couple of days and it's looking
like she will continue to use the excel sheet until the end of the year. She said on January ft they can
install the 09 budget and put all the expenses in and they will be able to run reports with actual figures.
She said the campground figures include the interest but not the principle payments.
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Mr. Brewer said in looking at last year's annual report it said we are supposed to maintain six months of
O/M budget in a unreserved unfunded account. Ms. Kline said that was a goal of a previous council.
Mr. Brewer said he intends to firm that goal up later. He asked where the unfunded balance is located
on the summary just presented and how many months do we currently have today to go towards the six
months worth of O/M coverage. He requested to see that in a management financial summary
presented on a monthly basis so that council can see where they are financially. He asked when they
would receive the audit report for June 30th. Ms. Kline said it has to be at the State Auditor's office by
December 31st so their goal is the first part of December. Mr. Brewer requested that once an audit
finding is received it should be presented to council by the Audit Committee to allow council to ask
questions.
Ms. Kline presented a graph showing the fund balance. She said at June 30th it shows about 5
months of reserve. Mr. Brewer asked if the fund balance was the same as the unreserved fund balance.
Ms. Kline said that is the total fund balance and most of that is unreserved. Mayor Buelterman said
when they researched the six month goal they contacted other beach towns and the most he found was
30 days. He said he thinks six months is a good goal and they should continue on it. Ms. Kline said at a
recent GMA Class on Revenue Administration where they were discussing current conditions and
economic hardships , the more they talked it occurred to her that Tybee may be in better shape than
some of them. She said Tybee has diverse revenue sources beyond property taxes. She said our 19%
parking revenue is a good source along with our healthy hotel /motel tax. She said they are currently
reviewing water / sewer rates and doing compliance reviews; having GMA do an audit of liquor taxes
and hotel /motel taxes and they are increasing collection efforts to insure we are getting the money that
is due us. She said departments have submitted budget cuts to reduce the FY 2009 operating budget by
approximately 10% and those cuts were not eliminated from the budget but were transferred to
contingency accounts. She said they have implemented a hiring freeze also. Mr. Brewer asked how
much money the 10% represented. Ms. Schleicher said $1,012,895.
Chief Sasser gave the Fire Department's quarterly report . He said they currently maintain Thirty
Eight members and have two part time positions being held by Master Firefighters from Savannah and
one full time paid Firefighter.
He said the new tanker- pumper truck had a Class A foam system installed. He said for the third
quarter they had seventeen calls with six being false alarms.
He said on one call they were able to use thermal imagery to locate where the shorted wire had
caught the insulation on fire in the attic and without that equipment they could have had a fully
involved fire within the hour.
He said they installed the voice alert sirens for the Fire Department, Police Station and MRS
property.
He said five new satellite phones were purchased and placed in the hurricane supply inventory
making a total of nine. He said emergency management completed the community service mail -outs by
utilizing the water bills to alert residents about the dangers of flooding.
He said the ocean rescue stets were presented in the previous council meeting.
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Ms. Alien gave the first quarter fiscal year report for Planning and Economic Development. She
said they try to provide training to staff members on a continuous basis. She said they presented four
Text Amendments to Planning Commission.
She said just like everything in her department the Planning Commission Petition activity has
slowed considerably. She showed a graph with a total of 12 Petitions having been processed for a total
of $1,762.50. She said they processed four accounts receivables for $2,450. She said they are down
considerably on building permits with $26,018.50 thus far in 2008. She said business licenses are holding
steady at $6,240 with renewals having been sent out for this year. She said Community Facility Permits
brought in $8,160 which is a new report this quarter. Mr. Brewer asked for the report on Community
Facility permits to include the number of times the city waives the usage fees and what that amount
would be.
Chief Price gave his quarterly report and said the pirates' parade and Halloween went off
without a glitch and everything was fine. He said the new flashing speed limit signs were shipped today
and will be installed shortly. He said everything has backed down for them and is slow right now. Ms.
Doyle asked where the new sign would be installed on the North End. Chief Price said about the middle
of the block where the bank building is. He said the other one will be heading north on Butler around
12th and 13th street.
Mr. Hemphill gave his quarterly report for the Campground. He said they have five new
employees and have recruited and been very successful in their campground host program. He said
they have new programs consisting of Pot Luck Dinners on Monday nights and they are starting a movie
night in their pavilion. On Wednesday they have trivia night with game night being on Thursday. He said
the number of groups has actually gone down because of the economy but the actual numbers in the
groups has gone up. He said they have expanded their service offerings with the rental of the pavilion
with audio /video equipment based on the number of coaches.
He said next Friday they have the campground celebration which is their annual open house for
the community. He said Rivers End Campground was showcased the first week of November on a show
titled "Whats the Stuff Outdoor Adventure." And they plan to take a look at it.
He said they are also planning the Third Annual Tybee Turkey Day Feast on Thanksgiving Day
with the campground furnishing the birds and everyone else brings a dish. He said there are a whole
mess of Hemphill's coming down for Thanksgiving.
He said three of the six cabins will be online for rentals by Thanksgiving. Mr. Brewer asked how
Mr. Hemphill was doing on his projections against his revenue and if he was holding expenses. Mr.
Hemphill said they are doing more reservations but they are for shorter durations and they will have to
drop back and reassess some of those revenue projections because of the cabin issue along with the
original number of cabins purchased being decreased. Mr. Brewer asked for Mr. Hemphill to include the
highpoints of the dollar figures in his quarterly reports.
Mr. Brown asked what the life expectancy was for the audio video equipment that was installed
in the outdoor pavilion without it being sealed off. He requested Mr. Hemphill cover the equipment with
plastic.
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Mr. Reese submitted his quarterly report for the Water and Sewer Department and asked
Council if they had any questions.
Ms. Nesbitt gave the YMCA quarterly report. She said the monthly Friday night skate nights have
been very popular with over 500 skaters participating. She said they have a quarterly newspaper being
sent out to all residents on Tybee. She said they had eight teams from Savannah come and participate
in the volleyball tournament raising over $500 for the Y scholarship program. She said the annual
pumpkin patch was attended by seventy five children.
She said ballroom dancing begins this week and classes will be held on Tuesday evenings in the
cafeteria.
She said both Y soccer teams are to be commended for competing with teams that have many
more children to choose from and making it to the finals and the under 12 team actually made it to the
championship game.
She said gymnastics begins next week and basketball signups are being held right now.
She said one of their newest endeavors is the Tybee Teen Cuisine Workshops on Wednesday
nights at 4:30 in the school cafeteria and it's open to all youth 11 to 14 years old. She said they want to
thank all the local Tybee chefs that will be assisting with this program. She said the cooking classes were
filmed and the new class called edit teen will learn how to edit this film and produce a film to be shown
on channel 7 as well as hosting a monthly teen show which will be aired on channel 7. She thanked
Todd Smith and Michael Bodine for their assistance with this endeavor.
She said Tai Chi and Zoomba classes are being offered and kids night out is offered monthly for
youth 3 to 12 years old. She said in the afternoon there is the afternoon fun club that offers children 4
and over help with their homework, arts and crafts and games. She said seniors 62 or older are eligible
to take any classes at the Y for free.
She thanked the City of Tybee and its residents for their support. She complimented Hillary,
Haley and Fritz as well as all the other Y employees for their dedication and hard work. She said in
January they will begin the priceless gifts campaign which is the source for scholarships for children and
adults on Tybee who need financial assistance to participate. She said all the money raised on Tybee
stays on Tybee. She said they gave out over $25,000 in scholarships in 2007 and they expect to do that
again this year and more next year.
Visitors:
Julian Pafford of Georgia Power Company talked about the scheduled power outage on
Saturday, November 15, 2008. He said power will be out from 7:OOam to 1:OOpm on Tybee Island and
parts of Wilmington Island.
Chantel Morton announced the Lights on for Tybee on December 12th at 6:30pm and the
Christmas Parade on December 13th at 3:OOpm.
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Eric Thomas owner of Huc a Poos, said he feels he has figured out how to have success at his
business. He said he caters to families during the early hours and on the weekends they cater to people
that enjoy music and are more social and they do it in a beachy outdoor environment that attracts a lot
of people. He said they have made it work under the rules council has set for them. He said he has
designed his business to meet those needs and he has never had a violation. He said he again has to
stand in front of council and defend himself on why he should be able to operate his business under the
rules that council gave him. He said once again he is here because one couple having a personal issue
against him are making this happen. He said this couple has publicly stated that Huc a Poos is blight on
Tybee or an eyesore and so he built a fence. He said this new ordinance will negatively affect one
business which is his and it will affect every person and resident that wants to enjoy music on their deck
or screened porch after a certain hour. He said there are 45 complaints against his business and 100%
of them are from the Tsoulos's and 100% of them have found no violation.
Don Ernst requested the City of Tybee co sponsor the Polar Bear Plunge. Mayor Buelterman told
Mr. Ernst that co- sponsorship had been approved on the Consent Agenda.
Holly Halls said the proposed noise ordinance will affect a number of businesses such as Fannie's
and StingRay's and she wonders why this would be considered in a beach town when we are trying to
generate business. She said if you take away one of the few things there are for young people to do on
Tybee, they won't come back.
Edwin Longwater proposed cutting down all the trees to eliminate the deafening noises from
the Cicadas to abide by the noise ordinance.
Annie Estes asked if the new noise ordinance would mean no music would be allowed on the
pier.
Disclosures / Recusals:
Mayor Buelterman disclosed friendly relationships with the owners of Huc -a -Poos and
Stingray's.
Mr. Brown disclosed friendships with owners of Stingray's.
Mr. Brewer recused himself from discussion on the Noise Ordinance due to his Son's ownership
of 1106 because they do have outside music.
Mr. Wolff disclosed that he owns a B &B but will not be affected by the Text Amendment
because of having only two bedrooms. Mr. Hughes said any effect the Text Amendment may
have on Mr. Wolff would be remote and speculative.
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Mr. Smith moved that Mr. Brown and Mayor Buelterman be able to participate in discussion
and voting on the North End Cultural Overlay District, Mr. Crone seconded. The vote was
unanimous with Mr. Brown not voting.
Public Hearings:
Mayor Buelterman opened the public hearing for a zoning variance (Section 5 -090) from
Section 3 -090, Schedule of Development Regulations, and Height Variance for new single family
structure. Elizabeth & Thomas Shook at 3 Tenth Street. PIN 4- 0006 -15 -006, Zone R -2. Mr. Shook said
they have been plagued with flooding problems at their house due to being the lowest elevation in the
area. He said the proposed foot print would be smaller than the current footprint.
Mr. Hughes explained that Tybee had a problem with people altering their elevation and
then wanting to go thirty five feet from where they stopped the fill. He said the ordinance got amended
to address that so that it requires the elevation to be calculated based on the natural grade before any
construction. He said there is no variance available to what the elevation counts as. He said if the
acception or whatever to the elevation results in the structure ultimately being higher than thirty five
feet from what the pre construction grade was, it amounts to a height variance. He said flooding and
other considerations as recognized in the Master Plan are things that should be taken into account.
Mr. Brown asked if the Shooks would be able to bring in fill to bring the average grade equal to
the grades on both sides and the rear of the property. Mr. Hughes said he thinks they have to address
the drainage in a way that will maintain the same retention of their lot along with the servitude on their
lot from the others. Mr. Wolff suggested they have the zoning department look at this in the future
when this situation occurs and someone is in a bowl that they be allowed to shoot the average adjacent
grade to the property lines and fill to that point.
Ms. Allen said the petitioners are coming in Thirteen Feet on their side setback in order to meet
the requirement in the code for a height variance.
Mr. Brown asked Mr. Cramer why he wouldn't consider dropping the pitch of the roof in order
to meet the code requirement for height. Mr. Cramer said they are trying to use a shed shingle type
roof structure and they require the proposed roof pitch. He said he has designed a lot of flat roofs over
the years and every time it rains he gets calls about them. Mr. Wolff asked if a metal roof with a shorter
pitch would work. Mr. Cramer said metal flat roofs leak also. He said he is putting the A/C in the truss of
the house and if he flattens it out anymore he won't be able to get the mechanical systems in without
putting them in the living area.
Mr. Bruce Remler spoke in favor of the petitioner.
Mayor Buelterman closed the public hearing.
Ms. Doyle moved to approve, Mr. Crone seconded. Mr. Wolff said he thinks this could be
designed to be under the height limit without messing up the architecture but he also thinks the
ordinance is flawed by not allowing them to shoot the adjacent grade to the adjoining properties. The
vote was unanimous.
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Mayor Buelterman opened the public hearing for a Text Amendment (Section 5 -110) to Section
3 -060.A Bed and Breakfast (residential) Cathy Kilday /increase number of rooms; add afternoon snack;
add special events. Mr. Smith asked how special event parking would be calculated. Ms. Allen said that
was one of Planning Commission concerns and it remains to be seen. Mr. Wolff clarified that the
parking plan for special events would have to be presented when they come for the special review. Ms.
Kilday said primarily the request to host special events is for small weddings that have to be moved from
the beach because of in- climate weather. Mr. Brewer asked if Ms. Kilday had considered using public
facilities for the small weddings. Ms. Kilday said it would be difficult to arrange at the last minute. Mr.
Brewer said a lot of times it starts at one level but over time ends at another. He said weddings are a
very competitive business and brides are very demanding and he is concerned that an afternoon snack
could result in caterers, tents and a band. He asked how far Ms. Kilday saw this going. Ms. Kilday said
the afternoon snack is not intended to cover the weddings but only to cover the guests at the Inn.
Ms. Allen said one way staff has addressed the event issues is asking the owners to re submit
their parking plans every six months. Mayor Buelterman said they have received complaints from
neighbors of B & B's regarding wedding events which led to the initial decision on events in residential
neighborhoods. He asked if it was true one of them could have a party at their home with more than
twenty people. Ms. Allen said yes. Mr. Brewer said he has two neighbors on each side and one recently
had a wedding for their son but they only have two children and have had only one wedding in ten
years; but the problem is when you have a business and that is what they do for a living and the
neighbors are disturbed by an industry and its an ongoing issue. He said he doesn't think you can
compare them. Ms. Kilday said she is not opposed to putting it in writing that they are not intending to
host those kinds of events that include caterers and bands. She said it is very low key and she wouldn't
have a problem putting those kinds of conditions that would not take place because it would be
inappropriate.
Mayor Buelterman closed the public hearing.
Mr. Brewer asked Mr. Hughes to explain why Mr. Wolff can be allowed to vote when he is an
owner of a B & B. Mr. Hughes explained that Mr. Wolff is limited to how many units he can put in
because his structure is already built and he doesn't believe it's a conflict.
Mr. Smith moved to approve w /conditions: 1) Expansion from five rooms to seven rooms
subject to administrative site plan approval by staff; 2) Afternoon snacks allowed for residents of the
Inn; 3) Hosting of special events for up to twenty people subject to one -time special review by
Planning Commission and approval by Mayor /City Council. Mr. Wolff seconded. Mr. Brown asked if
this applied only to the Kilday's property. Mr. Hughes said this is a text amendment and a legislative act
that will apply to all residential B & B's. The vote was 5 in favor with Smith, Wolff, Brown, Doyle and
Crone voting in favor and Mr. Brewer voting in opposition.
Mayor Buelterman opened the public hearing for a Text Amendment & Map
Amendment- North End Cultural overlay. Ms. Allen said the intent of this amendment is to bring
what is primarily public property into conformance with our zoning text and zoning map. She
said the affected properties include the Tybee Light station, North Beach Parking Lot, Shrine
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Club and the beach. She said she overlooked the Shrine Club and the North Beach Grill and
there are no provisions in this ordinance for those uses. She said if they are bringing them into
conformance everything needs to be in there.
Mr. Hughes said he would prefer that they hold off on 1st and 2nd readings in order to
allow him to add to the language and bring it back for the next meeting. Ms. Allen asked if
council wanted it to allow the reenactments. Mayor Buelterman said yes. Mayor Buelterman
asked if this would allow a Marine Science Center. Ms. Allen said it would.
Mr. Wolff said if appropriate he would move to continue this with the conditions
added by the Planning Commission and ask staff to address the issues discussed this evening.
Mr. Hughes explained that if Mr. Wolff's motion carries, the public hearing will have to be re
advertised. Mr. Wolff withdrew his motion. Mayor Buelterman dosed the public hearing. No
action taken by council. Mayor Buelterman asked that this amendment come back in December.
Mr. Hughes said it will not be re- advertised.
Business Legally Presented:
Mayor Buelterman opened the business meeting.
Ms. Doyle asked that the Memorial Park Plan be put on the council work session agenda
in January.
Consent Agenda Items:
Mr. Wolff moved to approve. Mr. Brown seconded. Mr. Hughes said regarding the
Polar Bear Plunge that we have agreed to allow the event and waive the liability requirement.
He said we are not assuming anyone's liability for anything. The vote was unanimous.
Way finding signs /Contract with Frazier & Associates:
Ms. Allen said included in council packets are copies of the scope of work, the contract,
and the proposal from the contractor that we selected as well as an article that they wrote
about way - finding. She said they were overwhelmed by the response to the RFP and they
received 28 proposals. She said they were from all over the nation including Canada. She said
those that were over $200,000 did not make the first cut. She said they ultimately narrowed it
down to their seven favorites. She said Frazier and Associates came in at $48,000 including
travel fees and were not the lowest bidder but were far more qualified than the lowest bidder.
She said their first step will be to inventory every sign on the Island and evaluate are they
functioning as they should be and is there a way to make them function better. Mr. Wolff
volunteered to proofread everything in order to eliminate extra expenses that would be
incurred if there are spelling or grammatical errors. He said the contract stipulates that if they
design the signs for us we will have to go back to them to order more signs. Ms. Allen said the
sign package they produce will be a complete package and it is up to us to determine what we
will fabricate. Mr. Wolff asked Mr. Hughes to review and make sure we own the product after
they design it because we are paying them to design it and if they own it they can turn around
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and sell our design to somebody else. Mr. Hughes said he has other issues with the contract
that are not major. Mr. Wolff said the other issue he has is the reimbursable expenses are billed
at cost plus 15% which presents a pretty good incentive to splurge. Ms. Allen said that was
standard in all the proposals that they saw and some were 20 to 25 %. Mr. Brown asked how
many people get lost on this little Island. Mayor Buelterman said this was something the city
council put in the budget several years ago and asked staff to look into. Mr. Brewer asked if this
was leading into commercial businesses being able to purchase signs with a way finding type
design to show where their businesses are located. Ms. Allen said they would have access to the
pattern book just like any other publication at city hall. Mr. Wolff moved to approve
contingent on Mr. Hughes and the Zoning Department fine tuning the wording before signing.
Mr. Smith seconded. The vote was 5 in favor with Wolff, Smith, Brewer, Crone and Doyle
voting in favor and Mr. Brown voting in opposition.
Final Budget Amendment for Fiscal Year 2008 Budget
Ms. Schleicher said this is the final budget amendment that we have to do for the audit.
Ms. Doyle said on the first page it has Beach Renourishment Revenues as $3,940,000 and then
over on page ten in the same column it has $2,218,263 and she asked why those two numbers
are different. Ms. Kline said we actually got more revenue in than we could spend in six months
so that the Beach Renourishment is still going on. She said we got the Two Million and Nine
from the state. She said we had more revenue than we had a chance to spend in that six month
period. Ms. Doyle asked why the parking revenue of $21,150 was so low on the first page and
she couldn't tell if it was from meters or decals. Ms. Kline said she is not sure what accounts we
use and she basically adds those together when she looks at parking. She said they don't
separate the areas of the island as they used to but instead it is separated into pay & display,
meters and decals. Ms. Doyle asked how the auditors treat the Beach Renourishment. Ms. Kline
said the balance that got added to the fund balance this year and looked like a profit was a lot of
that federal money that came in. She said it wasn't all spent this year but it will be spent
eventually. Mayor Buelterman asked how much the city spent on beach renourishment. Ms.
Kline said they can determine the amount. Mr. Wolff moved to approve, Mr. Crone seconded.
The vote was unanimous.
2nd Budget Amendment for 2009 Budget:
Ms. Schleicher said any funds spent out of contingency would have to be approved by
council. General Funds from Various Departments $835,395; Water Sewer enterprise fund
$144,275;River's End RV Park and Campground Enterprise Fund Capital Fund $20,000 to River's
End Contingency Fund for a total of $999,670 added to City's contingency funds. Mr. Wolff
moved to approve, Ms. Doyle seconded. The vote was unanimous
Policies and Procedures for accessing City Archives:
Mr. Hughes said the city has a records management archives policy that was adopted in
2002. He said he doesn't think council needs to do anything but he thinks they should review it
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in order to determine if they need to change it. Mr. Wolff said he would like to see us have
backups of all of our files in case we have a serious storm and have to evacuate and we need all
the help we can get to make that happen. He said he doesn't see the problem with department
heads going through the clerk of council who is in charge of keeping the records; checking out
what they need in their department and copying those in the proper format and getting us an
alternate form to keep in a safe place out of harm's way.
Ms. Woods said she would like to limit the amount of files that can be taken from the
archives room in order to have a small security measure to insure there are not multiple files
outstanding from the archives room in case of an emergency and to insure that all files are
accounted for. She said she wants to do a complete assessment of existing records and
implement a records management system that will provide backup copies of critical records.
Mr. Wolff said it looks as if Ms. Woods is developing an SOP. Ms. Woods said that is exactly what
she is doing and requested that no archivist be allowed to work for the city unless they work
under her supervision. She said the reason she is requesting the archivist work under her
supervision is to make sure the critical records are copied first and then from that point all
departments can copy the remaining records into the system. Mr. Wolff said he would like to
see the departments cooperate with this and use the folks that have free time right now to get
this done.
Mr. Hughes said the existing plan is consistent with the charter. He said it should be
easy enough for departments to copy their existing records and deliver a copy to the clerk for
the permanent record. Mr. Brown asked if the intent was to let the left hand know what the
right hand is doing. Mr. Hughes said yes. Mr. Brewer said he thinks the intent is to define how
the records will be managed and handled. He said it appeared in some of the conversation
contained in e-mail that there wasn't total agreement on that process. He said in speaking with
Ms. Woods he thinks she is in proper form to determine and redefine how the records will be
handled and maintained. He said it's her charge according to the charter. He said he is very
concerned that folks don't understand the procedures for handling records. He said earlier
tonight a gentleman said he had a large file that former Zoning Administrator Dee Anderson
maintained but it could not be located by the zoning department. He said that is what happens
when you lose control of your records. He said he believes Ms. Woods is doing the right thing
moving forward with this. Mr. Crone said that isn't the only file that has been lost.
Ms. Woods said she intends to implement the proposed security measures for the
archives room and needs to know if council is not in favor of the proposed policy. Mr. Brown
said Ms. Woods will be the gatekeeper and everyone needs to let everyone else know what they
are doing. Mr. Wolff asked for clarification if Ms. Woods intended to directly supervise
everyone copying records or if she was asking that they check them out from her so that she
knows what is where. Ms. Woods said she was asking that they check them out in order for her
to know what is where.
Ms. Schleicher said there is a meeting scheduled on Monday with Todd, Brannyn and
the Clerk of Council and perhaps they could let council know what came of it. Mr. Brewer asked
Ms. Schleicher if everyone with the city had been properly trained on how to handle records or
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would they just grab a bucket full and lose them. Ms. Schleicher said no the Clerk has not come
and talked to them and that's why the meeting is important.
Mr. Brewer said Ms. Kline did a fine job of answering a lot of his budget questions. He
said he requested there be a standing time in their second meetings to allow the City Manager
and Finance Officer to give a report on finances and answer questions council might have to
insure everything is where it needs to be. He said he feels they should spend more of their
efforts being fiscally responsible. Mayor Buelterman said he wants to make sure they have
adequate advance notice of questions in order to provide reports.
1n Reading of Ethics Ordinance to Establish an Ethics Commission and Repeal existing
Ethics Ordinance. Mr. Hughes said they discussed virtually the same ordinance at their last
meeting and this is the last version from the Ethics Commission. He said everyone was going to
review it in order to make suggested revisions or to deal with it as council sees fit. He said it
does repeal the existing Ethics Ordinance. Mr. Crone said he agrees with the first part but
doesn't believe they need a commission. Mr. Wolff said he thinks they will be throwing the baby
out with the bathwater. He said they have a perfectly good Ethics Ordinance that needs some
modification and what is sorely lacking in what is before them is the requirement to recues if
you live within 200 feet instead of the 500 feet that could be overkill if you live within that
distance to a subject property. He said he thinks they still need something for campaign
contributions over $500 because they have seen obvious issues with that. He said it also lacks
definitions for some of the specific situations that the current ordinance has, that were
important and labored over for months. He said they absolutely need an Ethics Commission for
independent judgment and consideration and he doesn't think they should be judging
themselves when one of them is the subject of an ethics complaint.
Mr. Smith said when it all comes down to it they have to judge themselves because
when the commission gets through with it, it comes to city council for a determination. He said
on page 9, number 2 under Section 10 Council; he has talked to chairman Beeson today and
where they say if the commission requires legal services and the city attorney cannot or is
unable to provide, the commission is to be represented and assisted in carrying out its
responsibility by an attorney appointed by the Ethics Commission. He requested that the
addition of that appointment be confirmed by city council. He said Chairman Beeson has no
problem with that. He said he disagrees with the $500 disclosure requirement causing a
controversy because he made sure he did not accept more than $100 from any one person and
there was a party he was asked to attend and then told he needed to claim it on his disclosure.
He said he cannot recollect anyone coming before them that he received a dime from. He said
one thing this proposed ordinance would eliminate is a nine paragraph letter from Mr. Hughes
late in the evening before a council meeting talking about recusals and who needs to recues. He
said there had to be in excess of nine different areas that Mr. Hughes had to go to in order to
determine what they were supposed to do. He said he knows the existing ordinance was well
intended and his wife worked on it along with a lot of people and he appreciates every
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volunteer hour they spent but this is so much simpler. He said an ethics ordinance should be for
the common man to read and understand and not to have to be interpreted by the city attorney
or anybody else's attorney in his opinion.
Mr. Hughes said there is no 500 foot rule or a rule that a serving commission member
has to step down in the event they qualify to run for city council.
Mr. Brown said he likes the idea of council appointing one or two people to sit on a
commission but only acting on an as needed basis. He said this last issue has probably cost the
city several thousand dollars in legal fees.
Mr. Hughes said council can set up the commission any way they want to. He said the
current commission doesn't meet unless there is a complaint. Mr. Crone moved to accept the
Ethics Ordinance Article A and do away with Article B, the Ethics Commission. Mr. Brown
seconded for discussion.
Mr. Brown asked if they could change the procedure for how the commission is formed.
He asked if they could select members from a pool of appointees. Mr. Hughes said they are
having a hard time filling positions now.
Mr. Crone said this city was founded in 1887 and this is 2008 and this city has never had
an ethics commission. He said we have survived and he doesn't remember there ever having
been a problem with people not being ethical.
Mr. Brewer said there is a complaint that is currently being considered by the
commission and he is concerned with making changes while there is a process in place. Mr.
Brewer said it takes several months to go through this process that is now gaining momentum
with lawyers involved. He said he was just involved in a situation and he had to have a lawyer
represent him and it took a lot of time to find out that the vote was going to be in his favor. He
said he is disturbed it takes so much time and very disturbed it takes so many lawyers. He said
he doesn't believe that when the committee wrote this ethics ordinance that they ever dreamed
that the complainant would have his own lawyer, the City Attorney, and the City Attorney's own
lawyer, if the City Attorney has given his blessing to someone's participation in a discussion. He
said now the Ethics Commission wants their own lawyer. He said pretty soon everyone will have
their own lawyers and this is going to cost a lot of money. Mr. Brewer asked if the City has been
shown to be unethical and to require this sort of a stringent requirement.
He then requested that a copy of the letter his lawyer wrote be given to each council
member. He said his lawyer went to great lengths describing problems with the ethics
ordinance. He said he referred to our ordinance using the term conflicting interest repeatedly
and there is no such legal term. He said he is not knocking the volunteers that put the
ordinance together but the signs are very clear that this is not a good ordinance. He said it's
complicated and hard to follow and they need to move away from the current ordinance
because it's a problem. He said when someone brings a complaint it should be handled within
two weeks. He said an immediate group should be formed to look at it in order to get an
immediate response. He said it's unfair for someone under a fictitious complaint to have to wait
three or four months for it to be resolved.
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Mr. Crone said this thing has been postponed long enough and they need to make a
decision one way or another and keep it or do away with it.
Mr. Smith moved to call the question. Ms. Doyle seconded. The motion failed with
only Smith and Doyle voting in favor.
The vote on Mr. Crone's original motion was 2 to 4 with Crone and Brown voting in
favor and Brewer, Doyle, Smith and Wolff voting against.
Mr. Smith moved to accept the ordinance as prepared by Mr. Hughes with the
addition of the Attorney being confirmed by Council in Section 10 paragraph 2. Ms. Doyle
seconded.
Mr. Brewer said he feels the city attorney should be the definitive authority on what is
ethics. He said he feels they are starting to subjugate his legal council to us into other areas. Mr.
Hughes explained that if you rely on the city attorney's legal opinion that should be the end of it
or else the complaint should be against the city attorney. He said that is not the way our current
or this proposed ordinance is.
Mr. Smith amended his motion to state if there is a complaint against a Council
member or a Planning Commission member and they were acting at the City Attorney's advice
then the complaint would be invalid. Ms. Doyle seconded the amended motion. Mr. Hughes
explained complaints could still be made against the City Attorney.
Mr. Wolff said there are some glaring deficiencies in this ordinance with one being if you
don't have the 500 foot rule you could be voting on a petition from your next door neighbor. He
said they haven't had to declare contributions in excess of $250 because there have never been
any until this last campaign when the big money came into Tybee politics. He said what is
before them is nowhere near as comprehensive or as meaningful as what is on the books right
now and if you are undoing it, it is a step backward.
Mr. Smith said the first time he ran for city council he received a contribution of $1,000
from the Realtors Political Action Committee and it was disclosed and he got $500 from the
Homebuilders Association and it was disclosed; he got $500 from Dr. Joe Nettles and his wife
and it was disclosed so this is not the first time there has been big money involved during a
campaign.
Mr. Brown said Council members have always recused themselves when their
neighbors, family members or friends came before them with a petition and the ordinance limits
have no bearing on that. Mr. Hughes said the effort in the last ordinance was to establish it
where everyone knew what the rules were and 500 feet is clear. Mr. Wolff said that is his point
and this ordinance doesn't require recusal for anything basically. Mr. Hughes said it does require
recusal for financial interest and so does the charter. He said if you have a financial interest
regardless of what you put in this ordinance you have to disqualify yourself under the charter.
The vote was tied with Smith, Doyle and Brewer in favor and Brown, Crone and Wolff
opposed. Mayor Buelterman voted in opposition.
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1st Reading Charter Amendment to Section 4:15 regarding the rules of the Municipal
Court of the City to provide that the court will make its rules subject to council's approval of the
court. Mr. Wolff moved to approve, Mr. Crone seconded. The vote was unanimous.
1st Reading of Charter Amendment to Section 6.29 relating to the timing of adoption of
the operating budget in relation to the end of the fiscal year. Mr. Crone moved to approve. Mr.
Wolff seconded. The vote was unanimous.
1st Reading of Charter Amendment to Section 6.32 relating to the capital budget and
the adoption requirement prior to the end of the ensuing fiscal year. Mr. Crone moved to
approve. Mr. Wolff seconded. The vote was unanimous.
Amendment to code of ordinances to create Section 42 -64 so as to make it unlawful to
create or permit the creation of music or loud noises, amplified or otherwise, at certain times
of the day, to repeal conflicting ordinances and to establish an effective date.
Mr. Wolff asked if staff had given any input into the ordinance before them today. Mr.
Hughes said his understanding is that staff was opposed and department heads have expressed
concerns about it. He said it has been modified a couple of times as a result of that and to add
an exemption for approved special events. Mr. Wolff said he would like to see changes like for
instance the requirement for insulated walls because Jenny Orr has a lot of money invested in
the garage doors she pulls down in case of rain or cold and they are not insulated and they are
not windows. He said perhaps they could have shutters on a screen porch to block the sound.
He said there are a lot of ways to do this without making someone completely rebuild their
business that has been going on for years. He would like to see something from the zoning
department that addresses issues in terms of building codes and in terms of decibel levels that
have served us well before. He said as a business owner has pointed out there has only been
one person complaining and it has been consistent.
Mr. Hughes said he understood a few meetings back that council wanted a sound
engineer to come and look at the situation. Mr. Brown said he doesn't believe the city needs to
pay for that type of investigation but if the business owner wants to pay for that type of
investigation it would be well and good. He said he has had several neighbors call him about the
noise but they do not want to give the business owner a hard time and that is the reason you
are not hearing from a lot of them. Ms. Alien said regarding the consultant she understood
there was one specific incident that they were to get an opinion on. She said she has suggested
they go back to that consultant or another for some technical input on what needs to be in a
noise ordinance. She said there are people with technical expertise that can guide us through
this for something that is hopefully equitable for everyone. She said she doesn't feel that she or
anyone on her staff has that expertise.
Ms. Doyle said Bill Dowell has a lot of good information because of research done
during the Chandler House petition and he is willing to share it with Ms. Allen and Mr. Hughes.
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Mr. Smith said they limited the noise outside until 11:OOpm for the Chandler House
because of Mr. Dowell and they limited the noise outside for Tybee Trees to 11:OOpm because
of one person. He said they have an ordinance that limits Mr. Brown and Ms. Doyle from
starting their business on the weekends until 10:OOam. He said his idea is that inside music can
go on twenty four hours a day for seven days a week if that is the way you want to count your
hours. He said he thinks 11:00 o'clock at night is late enough. He said his understanding is one of
the reasons staff objected to it was because it was not confined to businesses and was defined
as any outside noise. He said they have problems in other areas of the city and short term
rentals are a problem and have been for several years. He said he doesn't see that this is unfair
or targeting any one person.
Mr. Brown said if they want to fine tune this ordinance they could put some kind of
decimal level on it that would be taken at the property line where the noise is coming from. He
said if you want to define the levels after 11:00 o'clock then Mr. Thomas can continue to do
what he is doing. He said he believes Fannie's and Stingrays cut off the outside music after
11:OOpm not because they have to but just to be courteous to their neighbors.
Mr. Wolff moved to ask staff to research this issue more deeply in order to try and
resolve inconsistencies in the current ordinance and to use resources as they see fit to hire a
consultant if necessary to come up with something better.
Mr. Brown asked of they were providing an open checkbook for this research. He asked
Mr. Hughes what the Savannah Ordinance said. Mr. Hughes said he doesn't know the Savannah
Ordinance but believes it has decimal levels and time controls. Mr. Smith said Savannah shuts
people down and sends them home if they violate the ordinance.
Mr. Smith asked when council would get this back in front of them. Mayor Buelterman
asked for an amendment to request this ordinance come back for the 2nd meeting in January.
Mr. Smith agreed and Ms. Doyle seconded. The vote was 4 in favor with Wolff, Doyle, Brown
and Crone voting in favor and Mr. Smith voting in opposition. Mr. Brewer recused.
Ethics Commission's request to be provided with an Attorney.
Mr. Crone asked who would have control over the commission contacting the attorney.
Mr. Wolff moved to approve Mr. Darden as requested by the Commission subject to
Mr. Hughes rate and with the stipulation that only the Chair will be able to make contact. Mr.
Smith seconded. Mr. Brewer asked if Mr. Darden was a qualified expert on Ethics. Mr. Hughes
said he knows Mr. Darden used to live on Tybee but no longer does and he knows him to be a
good, reputable and competent attorney with a lot of his cases being in criminal defense. Mr.
Hughes said Mr. Toporek as a commission member recommended him and seems to be well
acquainted. The vote was Wolff and Smith in favor and Brewer, Brown, Crone and Doyle
opposed.
Mr. Brewer said he was bothered by the vote on the Ethics Ordinance. He said it seems
a large number of folks here are dissatisfied with the current ordinance. He said he agrees with
Mr. Crone and wants to go back and revisit the Ethics Ordinance tonight.
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Mr. Brewer motioned to reconsider Mr. Smith's original motion on the Ethics
Ordinance. Mr. Smith seconded.
Mr. Brewer asked that council consider the ordinance on a point by point basis. Mayor
Buelterman said he voted against the original motion because he wants the $500 recusal
amount left in to discourage large amounts of money from coming into the political process on
Tybee. Mr. Smith suggested he not accept the money. Mayor Buelterman said he thinks it
would prevent people from giving the money which would be a good thing. Mr. Brown said he
voted against Mr. Smith's original motion because of the Commission and the Island being so
small and it pits neighbor against neighbor. He said they were elected to a position where it's
up to council to deal with these ethics problems and even if it is against one of them, it will
eventually have to come back to them for a decision. Mr. Crone agreed with Mr. Brown about
the Commission.
Mr. Brewer said he feels considering the critics they have had regarding the current
Ethics Ordinance that they should move away from it. Mr. Smith said they need something other
than what they have right now.
Mr. Hughes explained the motion that was made was to reconsider Mr. Smith's motion.
The vote was Brewer, Brown, Crone, Doyle and Smith in favor and Wolff opposed.
Mr. Hughes explained that a yes vote on Mr. Smith's motion would approve the Cedar
Town Ordinance with the proposed changes by Mr. Smith and a no vote would mean the motion
failed and the floor would be open for another motion.
Mr. Smith's original motion was to accept the ordinance as prepared by Mr. Hughes
with the addition of the Attorney being confirmed by Council in Section 10 paragraph 2 and to
state if there is a complaint against a Council member or a Planning Commission member and
they were acting at the City Attorney's advice then the complaint would be invalid. The vote
was Smith and Doyle voting in favor and Brewer, Brown, Crone and Wolff voting in
opposition.
Mr. Brewer moved to accept and adopt Article A, Mr. Brown seconded for discussion.
Mr. Brewer amended his motion to include the provision that if there is a complaint against a
Council member or a Planning Commission member on any issue that the City Attorney has
given an opinion should be a defense to any complaint of unethical behavior. Mr. Brown
seconded. The vote was Brewer, Brown, Crone, Doyle and Smith in favor and Wolff opposed.
Mr. Brewer moved to eliminate Section B of the code of Ethics. Mr. Crone seconded.
The vote tied with Brewer, Crone and Brown voting in favor and Doyle, Smith and Wolff voting
in opposition. Mayo Buelterman voted in opposition.
Mr. Smith mved to approve Article B of the Proposed Ethics Ordinance with the
addition of the Cou cil having confirmation over an Attorney being hired by the Ethics
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Commission. Ms. Doyle seconded. The vote was Smith and Doyle voting in favor and Brewer,
Brown, Crone and Wolff voting in opposition.
Mr. Wolff moved to go into Executive Session to discuss Litigation. Ms. Doyle
seconded. The vote was unanimous.
Mr. Wolff moved to end Executive Session, Ms. Doyle seconded. The vote was
unanimous.
Mr. Wolff moved to adjourn, Ms. Doyle seconded. The vote was unanimous.
LiAAL took)
Vivian 0. Woods, Clerk of Council
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STATE OF GEORGIA )
COUNTY OF CHATHAM )
AFFIDAVIT
PERSONALLY appeared before the undersigned attesting officer, duly
authorized to administer oaths, ago vi
, who after
being duly sworn, deposes, and on oath states the following:
(1) I was the presiding officer of a meeting of the Tybee Island City Council held on
the /3 kAday of , 2008.
(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 pursurnt 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 /3of , 2008, which was closed for the
purpose(s) of
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. §50- 14 -4(b) that such an affidavit be executed.
This /Pt day of , 2008.
Sworn to and sub cribed before
Me,this day of
OVA
VIVIAN WOODS
Notary Public, Chatham County, GA
My Commission Expir ®s: May 25, 2000
, 2008
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