HomeMy Public PortalAbout20090326CCMeeting1
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20090326 City Council Minutes
Mayor Buelterman called the Consent Agenda meeting to order at 6:30pm on Thursday, March
26, 2009. Council members present were Mayor pro tem Wanda Doyle, Charlie Brewer, Barry Brown,
Eddie Crone, Dick Smith and Paul Wolff. Also present were City Attorney Bubba Hughes and City
Manager Diane Schleicher.
Mayor Buelterman listed the following items on the Consent Agenda:
➢ City Council Minutes for 3/12/09
➢ Appointment of Dan Parrott to the Beach Task Force
D Special Event Application for Art in the Park- Mom's Day. Submitted by Mary Ingalls, owner of Art
Encounter, May 9 -10, 2009.
City Attorney advised council to table this item unless the previously approved application for the
same event under the Arts Association is withdrawn.
D Special Event Application for Art in the Park — Tybee Days. Submitted by Mary Ingalls, owner of
Art Encounter, November 21 -22, 2009.
City Attorney advised council to table this item unless the previously approved application for the
same event under the Arts Association is withdrawn.
D Special Event Application -Tybee Wine & Food Festival - Friends of Tybee Theater, May 9, 2009
Requesting: DPW to provide recycling containers (12 =$0), At least fifty (50) parking passes, Fees
for Gym /Cafeteria be waived if rain site is needed. Gym usage @ $300, deposit @$500;
Cafeteria deposit @ $100, and requesting special events permit fee of $100 be waived.
➢ Special Event Application for 10th Anniversary YMCA Celebration & Bike Parade, May 2, 2009.
Requesting possible police detail to lead bike parade.
D Potential Grant Application to NOAA Coastal Marine Habitat Restoration Project Grants under
the American Recovery and Reinvestment Act. -Time Sensitive deadline is April 6, 2009.
Requesting funds to remove derelict structures from Tybee Beach and the Atlantic Ocean -
Approximately $1.2 million /matching funds up to 10% and Eric Olsen to provide Consultation for
up to $3,000. Funds to be taken out of refund from the corp for the beach renourishment.
D One Day Alcohol License Application for Friends of Tybee Theater, Lighthouse Grounds -May 9,
2009. Chief Price Approved.
D Contract award for annual financial audit services: Recommendation from Audit Committee for
Reznick Group for $18,000 for initial year.
D Prioritization of Road Paving projects using new SPLOST funds /Infrastructure Committee and
Staff to work on this and come back with a recommendation. Feasibility of borrowing against
SPLOST to save money on construction cost. Ms. Schleicher to follow up with County Manager
on expectation of when Splost dollars are to be paid out.
➢ Indigent defense services agreement renewal
➢ Memorandum of Understanding with Marine Science Center regarding reserving 3 parking
spaces for staff and 5 parking permits for seasonal to expire at the end of the season.
A MOTION by Councilman Wolff to go into Executive Session to discuss Litigation and Real
Estate was seconded by Councilman Crone. The vote was unanimous.
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A MOTION by Councilman Wolff to end Executive Session was seconded by Mayor pro tem
Doyle. The vote was unanimous.
Mayor Buelterman adjourned the Consent Agenda.
Mayor Buelterman called the regular meeting of the City Council to order at 7:OOpm on Thursday,
March 26, 2009. Those attending the Consent Agenda were also in attendance for the regular meeting.
The invocation was given by Rev. Andy Lamon, followed by the Pledge of Allegiance to the Flag.
Citizens to be Heard
Judy Miller spoke on the Energy Assistance Program which is expiring April 30th of this year.
Cecilia Russo spoke on the Fundraising campaign "Paint the Town Red" for the American Red Cross.
Mayor Buelterman is one of the team leaders. Goal is to raise level of visibility, educate public on what
and who the Red Cross is and to raise $50,000. Wants to join this campaign to Tybee's BIG GIVE
program. Hosting Hurricane Georgia May 14th at Armstrong.
Mr. Henry Levy commented on noise being pollution same as any other pollution. Noise should not
disturb anyone ever or anytime.
Jenny Orr spoke on noise ordinance and previous studies. A lot of time and effort went in to last one
and the decibel limits. C1 dates back before the 1900's and music has always been a part of the island
and she stated that the current ordinance is working and leave it alone.
Rachel Perkins spoke on noise ordinance and stated there is a difference between noise and sound.
What we have now is adequate. Suggested a music /entertainment district. Leave ordinance as is.
Ron Thomas spoke on noise ordinance. What is driving this? He went to records department at Police
department. How many complaints last 45 days in commercial district. None have been received. If
something is not broken why trying to fix it. Gave report on decibel readings around area. Please leave
ordinance the way it is.
Annie Estes spoke on noise. Ask to leave ordinance alone.
Holly Halls in favor of leaving ordinance the way it is. We are inviting tourist in and trying to do
everything to help our business economics, why are we voting to do something negative to the
businesses. Why can't we outlaw loud noises like leaf blowers? Lot of things are loud noise. Music and
people enjoying themselves is not. Would we shut down special events with noise? Leave things the
way they are and encourage businesses to operate.
Public Hearing:
➢ Consideration of location for Public Safety Facility.
Mayor Buelterman explained we have lobbied for SPLOST dollars to pay for the facility we have
the money coming and we now have to decide where to put it. We paid $25,000 to firm to come
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in and their recommendation was next to Memorial Park. The Committee of Citizens
recommended it to stay where it is.
Henry Levy spoke and reminded council experienced firm recommended park. Escaped
detainees should not pose a threat because according to police there has only been 3 and that
was during transport. Our open government does not extend to police department because it is
too far away. He is in favor of following recommendation from firm and put facility at park.
Bonnie Nesbitt spoke to leave where it is. Do not tear down the old school building. Where
would the YMCA and its services go or do. It serves a lot of Tybee's citizens.
Sandy Major shared the Tybee Neighbors survey showing 113 responded and 11 pages of
comments. 79 %, 90 people new facility should be near current police station. 2 people said near
Memorial Park if it did not include tearing down the old school building. 13 people selected near
Memorial Park even if old school building had to be torn down. Comments supporting Memorial
Park stated city departments could operate better if located all together. 1 comment supporting
this viewpoint a police presence could help with slowing down speeders. Comments supporting
the current location cited reasons such as children's playground & jail, more congestion and
traffic to parking issues and city listening to chief and staffs recommendation. Also deed
restrictions for Memorial Park were commented on.
Edwin Longwater spoke to keep police station at same location but a satellite location down at
South End maybe where marine science center is now. This would cut down on speeding police
down Butler across recent crosswalks and help with emergency response. There should be 2
locations rather than one.
Ron Callaway spoke to keep facility where it is.
Bill Kriener requested clearer plan as to what plan actually is. What is going to be where?
Spoke to keep facility close to or where ft is now. Why would you put facility between 2 of the
busiest streets on Tybee. Court dates parking would overflow it to what should be used for the
rest of the park. Current site offers quick & easy access to rest of island, unlimited room for
expansion, parking, impound lot, and even a new city hall. Fire truck bay is close to 2 largest
condo sites. A truck on that side of island could be very helpful. Current location serves
everyone well. Another location close to pier would be great also.
Annie Estes spoke to leave location where it is.
Dave Postle spoke to listen to police & staff and majority of citizens. Will leave it in hands of
council to make decision everyone will be proud of.
Kathryn Williams went on record in support of leaving the public safety building where it is. Her
opinion is that would be safer during hurricane.
Holly Halls spoke to leave station where it is but a substation close to pier area would be great
because south end is where most of the problems are. Memorial park does not address this or
making police department more transparent. Also moving dog park was to improve what park is
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putting a new facility there also goes against leaving park as park. Because Chief Price and
majority of citizens say leave it there she recommends leaving it also.
A MOTION by Councilman Crone to leave the Police Facility where it is was seconded by
Councilman Wolff. The vote was unanimous.
Consideration of Consent Agenda Items:
A MOTION by Councilman Smith to approve the Consent Agenda was seconded by Councilman
Wolff. The vote was unanimous.
Consideration of Ordinances, Resolutions and Zoning Variances:
Before opening public hearing Attorney Hughes explained why Noise Ordinance was again on the
agenda and why the two Options.
➢
1St Reading for Ordinance to Amend the Code of Ordinances Section 22 -112,
Amendment to Table 1 Regarding Sound Levels by Receiving Land Use
Amendment so as to add Sec. 22 -113 Regulation of sound equipment and sound - amplifying
equipment.
Mayor Buelterman, Councilman Brown, Councilman Wolff, all disclosed friendships in the bar
business. Attorney Hughes stated that it is also true for Councilman Brewer as that discussion
was held last time (1/22/09 council meeting) he has relations in the business.
Mr. Hughes followed up to council's request to consult with Chief Price on his recommendation. He did
and the chief's recommendation is for it to remain as is, they are able to enforce it as is.
A MOTION by Councilman Crone to leave the noise ordinance as it is was seconded by
Councilman Wolff. The vote was unanimous.
➢ 18t Reading for Ordinance to Amend the Code of Ordinances Article 9 Sec 66- 8(b)(3) to Regulate
the Usage of Motorized Carts on the City Streets for the City of Tybee Island — Councilman
Brewer disclosed his business interest in Electric Cars and abstained from voting.
Mr. Hughes explained we do already have an ordinance that permits golf carts in certain areas and
certain handicapped individuals. Proposal be made to permit golf carts to be operated on island.
State Law allows municipalities to do that with certain limited circumstances. One is signs up about
regulated areas and you can only cross state highways at areas that are designated by DOT for that
purpose. We have communicated with DOT several times and they declined to approve a crossing
except at controlled intersections with traffic lights. There is a difference under the law between a low
speed electric vehicle that can go anywhere as long as it does not go over 35 MPH and does not
need an ordinance and can cross any highway anywhere just like any other vehicle. Golf carts are
different. State law doesn't permit golf carts without an ordinance. Signage has to be up and crossing
has to be approved by DOT. Ms. Schleicher clarified that the chief has reviewed ordinance and has
expressed his approval with exception of operating them at night.
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A MOTION by Councilman Wolff to approve with City Attorney or City Manager requesting a DOT
crossing at Jones Ave. was seconded by Councilman Smith. The vote was unanimous with
Councilman Brewer's abstention.
Mayor Buelterman asked Ms. Schleicher to get a response from Chief Price before the 2nd reading.
➢ 1st Reading for Ordinance to Amend the Code of Ordinances Article 9 Sec 6 -9(B) Regarding
Alcohol Prohibitions Applicable to Minors for the City of Tybee Island
A MOTION by Councilman Wolff to approve was seconded by Mayor pro tem Doyle. The vote
was unanimous.
Mr. Brown asked Attomey Hughes if he should step out before discussion on permits and Mr. Hughes
replied yes. Mr. Hughes explained he was asked to draft an ordinance allowing applicants to stretch out
building permit fees. Mayor asked if other communities do this and Hughes responded no. Ms. Otto
surveyed surrounding cities and county and they have no intentions of doing this.
> 1st Reading for Ordinance to Amend the Code of Ordinances Article 9, Sec 9 -030 of the Land
Development Code concerning Building Permits for the City of Tybee Island
Option A: Sixty(60) days for final payment
Option B: Ninety(90) days for final payment
Councilman Brown recused himself because of being a building contractor.
A MOTION by Mayor pro tem Doyle to Deny was seconded by Councilman Wolff. The vote was
unanimous with Councilman Brown recused.
Consideration Local Requests & Applications - Funding, Special Events, Alcohol License
> Special Event Application for Beach Bum Parade May 15, 2009. Beach Bums —R -Us Requesting
City of Tybee Sponsor parade in the amount of $1,500, the use of the North Beach parking lot for
parade staging and the waiver of $106 special event application fee. Budget Line Item #100-
6110 -53 -1150.
Discussion was held about crowd interacting with parade participates creating dangerous
situations. Participants following rules. Possible barricades, more police presence. Councilman Wolff
reminded about water conservation during parade. Bike Patrol on parades except Beach Bum
A MOTION by Mayor pro tem Doyle to approve, contingent on Insurance, was seconded by
Councilman Smith. The vote was unanimous.
Mayor Buelterman requested Councilman Brewer and Councilman Wolff work with Diane
Schleicher to address safety and water concems and bring back report to 2nd meeting in April.
➢ Special Event Application for August 29 -30, Soccer in the Sand - Beach -South 11th to 14th Street
from 8am to 6pm Applicant Chris Lemay.
Mayor Pro Tem Doyle expressed opinion that it does not allow citizens to use public beach. Too
large an area. Brown also inquired if we have right to close off beach we don't own. Wolff said he
would like to see this event held on Tybee but agrees with everybody and doesn't want to close a
public beach. Brewer said we do have the surfing events that take place on the South End and
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we do close down the beach for events like that but not three blocks worth. Mayor Buelterman
said can't we contact the organizers and let them know council's concemed about the specific
area and how much space is being used.
A MOTION by Councilman Smith to Deny was seconded by Councilman Brown. The vote was
Smith, Brown, Crone, Doyle and Wolff in favor and Councilman Brewer opposed. Group would be
allowed to submit a different proposal at another time.
Consideration of Bids, Contracts, Agreements and Expenditures
> GMA lease on Grit Separator equipment. Contract had been awarded to BRW Construction
Group in the amount of $721,424. GMA's offer is a Five Year Lease at 3.35 %. Monthly payment
amount $13,076. Budget Line Item # 505 -00 -12 -3100.
A MOTION by Councilman Crone to approve was seconded by Mayor pro tem Doyle. The vote
was unanimous.
➢ Ethics Training Proposals for City Officials from Chapman and Associates ($1,200 up to 40
participants) and Georgia Municipal Association ($1,400 up to 20 participants) Budget Line Item
#100 - 1110 -52 -1201.
Mayor explained that the new ordinance is shorter and clearer and should city spend money on
training if it is something that is easier to be digested. Mr. Brewer responded that training is
essential because different people interpret the same material differently. Training where
everyone hears the same would help everyone. Spending now would help reduce higher cost
later. This training would break down to about $40 a person it is already in budget for training.
He asked for Ms. Schleicher opinion. She said the ordinance now does not include employees. It
would only involve elected, appointed officials. Mr. Smith does not agree it is cost efficient at this
time.
A MOTION by Councilman Smith to Deny was seconded by Councilman Wolff. The vote was
Wolff, Smith, Crone and Doyle in favor and Councilman Brewer and Councilman Brown opposed.
> Contract to Tyler Technologies for adding graph to water bills showing monthly /yearly
consumption. Cost $1100 one -time set -up fee and $275 /year. To help people understand their
usage better and should promote conservation. Budget Line #s Water conservation -Sewer 505-
4310 -52 -3950 and Water Fund 505 - 4410 -52 -3950
Councilman Wolff explained this would help citizens understand their water usage and falls under
education.
A MOTION by Councilman Wolff to approve was seconded by Councilman Crone. The vote was
Wolff, Brewer, Crone in favor and Doyle, Smith, Brown opposed. Mayor Buelterman voted in favor to
break tie.
Council, Officials and city Attorney considerations & Comments
> Compensation of Clerk of Council
Mayor Pro Tem congratulated Vivian on her recent completion of the clerk's certification courses.
She has worked very hard to get this degree.
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Councilman Brown asked if this would change her class. Doyle explained there needs to be a
review of her class & comp plan and there are areas that need to be looked at that she is not
receiving points for such as dealing with the public. We need to see if it agrees with what her
position is and is where it needs to be. At this time this only deals with her pay grade.
Councilman Smith asked if this is effective of of April and Doyle answered yes. $980 would be
moved from records management to cover the increase till next budget cycle.
Mayor stated there are 4 positions under the council - Vivian, Judge, Attorney Hughes and Diane
Schleicher. The Judge and Hughes have already been discussed so we need to look at Ms.
Schleicher also. He will review and bring back recommendation soon. And he asked all
evaluations be turned in by 4/15/09
A MOTION by Mayor pro tem Doyle to approve increase in pay grade from 22A to 23A was
seconded by Councilman Crone. The vote was unanimous.
➢ l4t" Street Drainage Progress Report
Councilman Brown asked Mr. Hughes to give update. He stated we have amicably resolved the
last easement needed for the project and the paperwork should be to council before the next
meeting. Mayor expressed concerns about starting project during season. Cannot be avoided.
Brown also complimented the DPW on the Byers St. Crossover and invited the public to go take a
look at it but just don't walk on it yet.
D Land Development Code and Consultant Work Progress Report
Hughes stated it should be submitted by articles. He asked for issues from council for what
needs changed or addressed in code.(Such as issues with inconsistencies within Article 5).
Anything proposed has to go thru planning commission & public hearings. He advised council
should see proposals before going to commission, etc. He could email to council. Next week he
would be sending Article 4, within April you should see #3 and #5.
D Accept the Governor's Energy challenge to reduce our energy use in city buildings 15% by 2020.
Councilman Wolff explained the next 3 items and its benefits to the city. The city of Savannah
and Chatham County is already doing this. Manpower for this would be handled by Peggy and
Joe stated Ms. Schleicher. She stated this information would be very helpful to find out where
we are and where we need to go. Doyle expressed concern about spreading Joe (DPW) too thin.
GEFA has stimulus money available for energy conservation and this could be available later if
we can already have these in process. We will be early in the gate. He concurred with
Councilman Brewer we will get a great retum on our investment.
A MOTION by Councilman Wolff to accept was seconded by Councilman Brewer. The vote was
unanimous.
D Join the Chatham County initiative to become the greenest county in the state by reduce our
overall carbon footprint, including electricity, fuel, and employee commutes 20% by 2020.
A MOTION by Councilman Wolff to accept was seconded by Mayor pro tem Doyle. The vote was
unanimous.
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> Join ILCEI (Local Govemments for Sustainability). We can join for $600 /year. Which gives us
software, a free energy audit by GA Tech, training, and ongoing support. Cyrus Bhedwar,
formerly with GEFA runs the Southeast Regional program.
A MOTION by Councilman Wolff to accept was seconded by Mayor pro tem Doyle. The vote was
unanimous. Councilman Crone asked the $600 to be taken from his travel budget.
Councilman Wolff addressed the council in reference to the Sea Turtle Ordinance and we need to
educate the public of what the laws are and the staff to work on bringing the city more into compliance.
Ms. Schleicher stated staff is on to this. She agreed for staff to work with MSC and Councilman to
distribute Sea Turtle Light Friendly stickers to businesses in South End. Brown recommended PSA on
water bills.
> Bench Signs
Mr. Hughes stated benches in right of way are DOT's (27) and they are supposed to be only for
bus stops. They should have been removed.
Total Benches 38
Business license is required $135
Doing away would be impact of $1085.
Hughes recommended deferral of business license and ask staff to continue working with DOT.
Diane Otto stated people call and asks for signs on city property and are denied. They feel these
people are being allowed to do this.
Adjournment
A MOTION by Councilman Wolff to adjourn meeting was seconded by Mayor pro tem Doyle. The
vote was unanimous.
,\,L. t
Vivian O. Woods, Clerk of Council
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STATE OF GEORGIA
COUNTY OF CHATHAM )
AFFIDAVIT
PERSONALLY appeare before the undersigned attesting officer, duly
authorized to administer oaths, jj� 4• . ;; r 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 day of
2009.
(2) That it is my understanding that O.C.G.A. §50- 14 -4(b) provides as follows:
When any meeting of an agency is closed to the public pursuant to
subsection (a) of this Code section, the chairperson or other person
presiding over such meeting shall execute and file with the official
minutes of the meeting a notarized affidavit stating under oath that the
subject matter of the meeting or the closed portion thereof was devoted to
matters within the exceptions provided by law and identifying the specific
relevant exception.
(3) The subject matter of the closed meeting or closed portion of the meeting held on
the of 6 , 2009, which was closed for the
purposes) 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.
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5) This affidavit is being executed for the purpose of complying with the mandate of
This
O.C.G.A. §50- 14 -4(b) that such an affidavit be executed.
day of Yr
, 2009.
Sworn to and subscribed before
Me • 's • • day of
2009