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HomeMy Public PortalAbout20210513Minutes.docx ity Council Minutes, May 13, 2021 Consideration of Items for Consent Agenda Mayor Sessions called the Consent Agenda to order at 6:30PM. Those present were Jay Burke, Monty Parks, John Branigin, Barry Brown, Nancy DeVetter and Spec Hosti. Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; Tracy O’Connell, Assistant City Attorney; George Shaw, Director, Community Development; and Lisa Schaaf. Jan LeViner, Clerk of Council was excused due to attending a conference. Mayor Sessions listed the following items on the consent agenda: Minutes, City Council Meeting, April 22, 2021 as amended Minutes, Special City Council Meeting, May 6, 2021 GMC Contract, Storm-water Proposal Passport Addendum Memorandum of Agreement, Info Hut Partnership Mayor Sessions called the regular meeting to order. All those present for the consent agenda were present. Opening Ceremonies Call to Order Invocation: Rev. Sue Jackson, Trinity Methodist Church Pledge of Allegiance Recognitions and Proclamations Janice Elliott, President, American Legion Auxiliary, ALA, Unit 154, National Poppy Day, May 28, 2021. Will be presented on May 27, 2021. Citizens to be Heard Patricia Leiby approached Mayor and Council to speak to the Historical Markers for Wade-in that occurred in the 1960’s. Ms. Leiby is before Mayor and Council this evening representing the MLK Human Rights Organization and is asking for the City to partner, co-sponsor, the Wade-in Marker which is part of the City’s Resolution promoting justice and equity. Mayor Sessions thanked Ms. Leiby. Allen Lewis approached Mayor and Council to speak to the Wade-in’s on Tybee Island and to requested the City Co-sponsor a Grant. Mr. Lewis stated the MLK Organization is a sponsor and now asking the City to be a co-sponsor. The co-sponsor’s share of the cost of the Marker is $25.00 and the State of Georgia pays the remaining. This Marker will be installed at the Walter Parker Pier. Mayor Sessions thanked Mr. Lewis for his presentation. Mr. Parks expressed his concerns with the potential wording on the marker and asked Mr. Lewis if Mayor and Council will have final approval of the wording. Mr. Lewis responded, Georgia Historical Society is responsible for the language and the City will not have input unless it relates to an incorrect date. Monty Parks made a motion to approve the consent agenda.John Branigin seconded. Vote was unanimous to approve, 6-0. Public Hearings Text Amendment to Flood Ordinance. George Shaw approached Mayor and Council. Mr. Shaw stated what is before Mayor and Council are changes to the Flood Ordinance due to a CRS review in the fall of 2020. They made recommendations for changes to the current ordinance. This was heard by the Planning Commission and approved the changes unanimously. Mayor pro-tem Brown asked Mr. Shaw to state the changes. Mr. Shaw responded among the changes are two definition changes as recommended by the State Flood Plain Coordinator: (1) definition of coastal high-water hazard and (2) definition of the 500-year flood plain. For clarification, Mr. Shaw referred to existing mobile homes as the changes will not affect them, only new mobile homes. Mr. Hughes stated mobile homes, with the new definition, refers to manufactured homes as well. Mayor Sessions asked Mr. Shaw to explain how Tybee benefits from participating in the FEMA Flood Program and how it impacts the flood insurance. Mr. Shaw responded the CRS is how the City gains the benefit, the community rating system. The City is currently a Class 5 which is a 25% reduction off the flood insurance rate. Monty Parks made a motion to approve. Spec Hosti seconded. Vote was unanimous to approve, 6-0. Consideration of Bids, Contracts, Agreements and Expenditures Water/Sewer Utility Rate:  Proposed Rate Structure. Jen Amerell approached Mayor and Council. Ms. Amerell stated over the last few months, Mayor and Council have been provided changes to the current rate structure of the water and sewer rates. Feedback has been received from residents to, Dr. Gillen and herself. The biggest and most significant changes are the City is proposing to reduce and simplify the number of fixed rates classes. The City is eliminating the $0 charge for usage; establishing a uniform 5,000 gallon usage tier; establish a peak season from June 1st to August 31st; and introducing a 25% premium for usage over 10,000 gallons during the peak season. Ms. DeVetter confirmed the rate structure would be included in future utility bills to insure residents understand the changes. Spec Hosti made a motion to approve. John Branigin seconded. Discussion: Ms. DeVetter asked about continuing education to the residents. Ms. Amerell stated she is open to all recommendations as the new rate structure would not go into effect until August 1, 2021. Mayor Sessions asked the new structure be included on the website to include projects that will be funded by the increase. Dr. Gillen confirmed. Mayor pro-tem Brown expressed his concerns regarding charging Short Term Vacation Rentals (STVR’s) a higher rate for their water/sewer usage. Mayor pro-tem Brown recommended STVR’s have a higher rate for usage year-round as they impact the overall withdrawal. Mr. Hughes responded he will research. Mayor pro-tem Brown stated STVR’s require commercial licensing and insurance therefore they should have to pay a commercial rate for water and sewer. Dr. Gillen recommended moving forward as presented and then determine if STVR’s should be charged a higher rate, residential vs. commercial. Mr. Hosti asked Ms. Amerell to explain why the City is recommending a new rate structure for water and sewer. Ms. Amerell responded there are two factors that are involved: (1) the City has not had a rate increase or change in many years and (2) there are many capital projects that are in dire need of attention, therefore with the new rate structure, these projects can take place. Mr. Branigin called for a question. Spec Hosti seconded. Mr. Branigin withdrew his Call for a Question so Ms. DeVetter could ask her question. Ms. DeVetter stated she liked the presentation on the utility bill as it explained why there is an increase. She asked there be additional language to address a resident only using 3,000 gallons. Voting in favor were Jay Burke, Monty Parks, John Branigin, Nancy DeVetter and Spec Hosti. Voting against was Barry Brown. Motion carried to approve, 5-1. Discussion: Mayor pro-tem Brown asked Mr. Hughes how soon commercial rates for STVR’s can be addressed. Mr. Hughes responded if Mayor and Council would like to amend the STVR Ordinance to add the provision (commercial rate) that can be done prior to the new rate structure taking effect on August 1, 2021. Mayor pro-tem Brown stated he will add it to the agenda for the next City Council Meeting. Georgia Historical Society, Grant Application to the Georgia Historical Society for the Wade-in historical marker. Mr. Hughes stated Mayor and Council cannot approve this request if it is going on the Walter Parker Pier as that is county property. Also it depends where it is actually going to be placed. Mr. Branigin clarified Mayor and Council are being asked to approve the City being a co-sponsor for the Historical Marker. Mr. Hughes and Ms. DeVetter confirmed this is for co-sponsorship only. Mr. Parks stated the Chair, Chatham County Commission, has approved the Marker. Ms. Leiby confirmed the location of the Marker as it is not on Tybee property. Spec Hosti made motion to approve the co-sponsorship of the Historical Marker on county property. Monty Parks seconded. Discussion: Mayor pro-tem Brown asked for clarification as to if DNR has been contacted. Mr. Hughes responded, DNR is an arm of the State and they have approved the Marker. Vote was unanimous to approve, 6-0. Consideration of Ordinances, Resolution First Reading, 2021-18, Chapter 42-67, Marijuana. To be heard at future City Council Meeting. Council, Officials and City Attorney Considerations and Comments Barry Brown:  GMA Retirement Update. Mayor pro-tem Brown asked for a motion to increase the retirement contribution from $20.00 per year to $25.00 per year. Dr. Gillen confirmed and he will reach out to GMA. Barry Brown made a motion to increase contribution from $20.00 to $25.00 per year. Monty Parks seconded. Voting in favor were Jay Burke, Monty Parks, John Branigin, Barry Brown and Spec Hosti. Voting against was Nancy DeVetter. Vote to increase the contribution was approved, 5-1. Monty Parks stated he would like to follow-up on questions on the Marine Science Center. Mr. Parks did send a list and he is directing his questions to Dr. Gillen and Mr. Hughes. Have we assigned a single point of contact? Response: Dr. Gillen, yes, Peter Gulbronson Has there been a meeting between the POC (Gulbronson) and MPOC (Sakas)? Response: Dr. Gillen, yes. Has there been conversations with West to be the contractor? Response: Mr. Hughes stated he spoke to West Construction and they are willing to work with the City for whatever we need to complete the facility. Does the City has the list of what needs to be done so the facility can open? Response: Dr. Gillen responded in the affirmative. He further stated there are two different things going on: (1) Punch List and (2) List of things that need to be done to the building as there are issues which are outside the original scope of the contract. Mr. Parks asked Mr. Hughes if a motion is needed to have West Construction move forward with the second list. Mr. Hughes stated he prefers, if the City can get the scope of services, to have West Construction do the remaining work. Has the walk through be done comparing as it is today with the as-built drawings? Response: Dr. Gillen confirmed as it was done prior to this week. Have the necessary permits been worked on to bring the ramp, shed and other unpermitted work up to date? Response: Dr. Gillen stated there were no permits pulled and there are no permits being issued for those items as they have been inspected and have satisfactory inspections. A tree was removed, unpermitted, has the fine been paid? Response: Dr. Gillen stated this will be heard by the Court on June 22, 2021. Is there a plan for the landscaping out front as previously discussed? Response: Dr. Gillen stated they met today and going to engage a landscape architect, local, and should have a design soon. Hole that was dug for the whale and now surrounded by parking barriers, does the City do the installation of the whale? Response: Dr. Gillen stated that is a question that remains unanswered and yet to be determined. Mr. Hosti stated the gentleman that designed the whale is installing. Is there a plan to make the playground safe and usable? RESPONSE: Dr. Gillen confirmed. He continued there needs to be a fence as well as a fence around the retention pond. Mayor pro-tem Brown stated the City needs to concentrate on the power issue to the building; the planter by the sidewalk for public safety; and what goes in the building. Has a budget figure been included in the FY22 budget? RESPONSE: Dr. Gillen responded no, there is nothing specific for the building. Mayor Sessions asked Dr. Gillen, on a project this big, does the City have an ongoing list of items that the City is spending money, YTD? Dr. Gillen stated he did send an email showing the full accounting of the project fund. Mayor Sessions stated her concerns with the additional funding of the Marine Science Center. She would also like a statement of the funds the Foundation has raised. Mr. Hughes confirmed as this is work in progress and he feels sure we can obtain a financial statement. Mr. Parks stated his main concern is to have the Marine Science Center up and running. Mayor Sessions compliments Mr. Gulbronson for his communications regarding the Marine Science Center. She also thanked Mr. Parks for his questions as this keeps the public aware of the progress. Dr. Gillen stated there is approximately $184,000 left in the construction fund which is all Mayor and Council have authorized him to spend on the building. This needs to be spent on the original scope of the building as well. Spec Hosti made a motion to adjourn to Executive Session. Barry Brown seconded. Vote was unanimous to approve, 6-0. John Branigin made a motion to return to regular session. Barry Brown seconded. Vote was unanimous to approve, 6-0. Monty Parks made a motion to adjourn. Spec Hosti seconded. Vote was unanimous to adjourn, 6-0. Meeting adjourned at 9:10PM. ______________________________ Janet R. LeViner, MMC Clerk