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HomeMy Public PortalAbout20120426CCMinutes2 City Council Minutes 20120426 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30P.M. on April 26, 2012. Those present were Mayor pro tem Wanda Doyle, Paul Wolff, Tom Groover, Frank Schuman, Barry Brown and Bill Garbett. Also attending were Diane Schleicher, City Manager; Bubba Hughes, City Attorney; Tommy Branch, Callaway, Braun, Riddle and Hughes, PC; Dianne Otto, Manager, Planning and Zoning Department; and Janet LeViner, Clerk of Council. Mayor Buelterman listed the following items on the consent agenda: City Council Minutes, April 12, 2012 Special City Council Meeting Minutes, April 18, 2012 Audit Committee Frank A. Kelly Sarah Lacombe Sue Getty Memorandum of Agreement, Georgia DNR/EPD, Flood Study. County-City Agreement for Drug Enforcement Activities, Budgeted County Reimbursement for Tybee Police Officer Participation: $77,500 in FY12; Budget Line Item 100-00-34-2900. Discussion: Mr. Wolff confirmed with Ms. Schleicher that Tybee Island is reimbursed by Chatham County for the project. She confirmed. Contract for single space parking meter 90 day trial; Staff met with an IPS rep. Budget Line Item Number: 100-7564-54-2055. Reports of Staff, Boards, Standing Committees and/or Invited Guest Harvey Ferrell, Friends of Cockspur Lighthouse. Mr. Ferrell and his committee approached mayor and council to give an update on the stabilization of Cockspur Lighthouse that sits in the south channel of the Savannah River. He reported that the US Corp of Engineers will begin the stabilization project in the fall of 2012 and construction will be completed during the summer of 2013. He also stated that the goals include preservation of the historic architecture; conservation of the archaeological features; preservation of the historic landscape; avoid destructionprotection of the marsh and oyster habitat; and avoid short-term and high maintenance solutions. Mr. Ferrell then expressed his gratitude to everyone for their support. Skip Sasser, Chief, Tybee Island Fire Department. Chief Sasser approached mayor and council to give his quarterly report. The report from Ocean Rescue was not included as they are only open for two weeks in March. Mayor Buelterman asked Chief Sasser if Ocean Rescue needs to be on the beach earlier in the season. Chief Sasser feels it is working satisfactorily as it is and that the influx to the beach is due to the warmer weather this year. Mr. Schuman voiced his concerns regarding the sand bars and people getting cut off when the tide comes in. Chief Sasser commented that Ocean Rescue, Beach Patrol and the Tybee Island Fire Department are working closely together to make everyone aware of the danger. Robert Bryson, Chief, Tybee Island Police Department. Chief Bryson gave his presentation which included a report on all special events held on the beach. Mayor Buelterman asked for clarification of the traffic count. Chief Bryson explained that the numbers that were before mayor and council tonight included both east and west bound traffic. Woody Hemphill, River’s End Campground. Mr. Hemphill presented the March 2012 numbers and his quarterly report. River’s End Campground is now offering weekend rates and the camp store has new merchandise as well as the Jet Pay contract has been finalized. Good Sam RV Club did an inspection of the campground on a recent visit. The new rating for the park is 9.9.8. This is based on a 10.10.10 rating. Dianne Otto, Planning and Zoning Department. Ms. Otto approached mayor and council to present her report which included the statics for the quarter. She also gave a comparison revenue report for the last two years. Mayor Buelterman called the regular meeting to order at 7:00P.M. All those present for the consent agenda were present. Opening Ceremonies Call to Order Invocation: Gina Casagrande Pledge of Allegiance Recognitions and Proclamations Mayor Buelterman asked Katie Spirides and her family to approach the podium where he presented her with a Certificate of Appreciation and the key to the City of Tybee Island for giving back to the community with the donation to the Rising TYde Food Pantry. She asked everyone that came to her birthday party to bring food for the pantry rather than a birthday gift for her. Gina Casagrande then presented her with Social Responsibility Award on behalf of the Tybee Island YMCA and the Rising TYde Food Pantry. Citizens to be Heard Tom Borkowski and Keith Gay regarding “Enforcement of the Noise Ordinance”. Mr. Borkowski approached mayor and council to express his concerns with the enforcement of the noise ordinance especially with the motorcycles that ride up and down Butler Avenue and rev their engines as they maneuver the curve. He gave Ms. Schleicher as decibel meter to assist in the enforcement of the municipal code. Mr. Garbett stated that this is a matter of common courtesy and asked Chief Bryson to bring a plan of action to the next Public Safety Meeting. Chief Bryson confirmed. Vivian Dubuc, Fresh Air Home. Ms. Dubuc, representing the Froebel Circle, Fresh Air Home, approached mayor and council. She then introduced Ellen Kohut, President of the Froebel Circle. Ms. Kohut manages fifty women who get the camp ready for the children. She then gave a brief update on the Fresh Air Home which is located on Butler Avenue. The camp opens the first week of June for eight weeks ending in August and the children live at the Fresh Air Home during their eleven day stay. The camp is a non-profit entity and largely depends on grants, in kind services and donations from benefactors. Children come from five different counties and all are welcome. Mr. Schuman thanked Ms. Kohut for all they do as he attended the camp when he was a child and it was always the highlight of his summer. John and Margaret Wylly, Back River Pier. Mr. Wylly introduced his wife who then thanked the Tybee Island Police Department for everything they do for the citizens and the Island. Ms. Wylly then asked that mayor and council consider closing the Back River Pier at a reasonable hour due to the noise on the pier. Ms. Doyle stated that she thought there was a time set for the pier to be closed. Mayor Buelterman stated that no, it was before council previously but was voted down. He asked that this be brought back to next council meeting for further discussion. William Martin, 1308 Trapper Lane, Wilmington Island, Program Director, Department of Mass Communications, Savannah State University. Mr. Martin thanked mayor and council for the opportunity to address them in regards to Orange Crush which occurred last Saturday, April 21, 2012. He did not attend the event nor was he an organizer of the event. He was outraged at the condition of the beach on Sunday morning, April 22, 2012 and is before mayor, council and the residents of Tybee Island as the spokesperson in the essence of being “solution orientated”. Due to the lack of education on the subject, he has started his own community outreach and on Saturday, April 28, 2012, from 7:00AM to 7:00PM, Savannah State students will conduct “Green Crush”. These individuals will visit the beach with the sole purpose of cleaning the beaches of litter and ensuring the beach is neat. Mr. Martin stated that the purpose of his community outreach is to ensure that they are here for the community with future events such as Orange Crush 2013. He further stated, on behalf on his community at Savannah State Mass Communications Department and his newly founded outreach program, the cries of Tybee Island residents were heard and they will be addressed. Mr. Wolff thanked Mr. Martin for his outreach and agreed that we all need to be proactive and build bridges, not burn them. Mr. Martin thanked Mr. Wolff and stated that this will be a “clean as you go” project next year. Julie Foster, Tybee Island. Ms. Foster stated that we all need to work together, the same way we do other events on the Island. She suggested that Orange Crush be a permitted and controlled event. In that way the different departments on the Island will be prepared for the event. Tammie Harvell, 1202 Highway 80. Ms. Harvell approached mayor and council and read her statement (attached) concerning Orange Crush. She expressed her outrage with the litter and the broken glass that was left on the beach as it is a public safety issue. Ms. Harvell suggested that this be a structured event in the future to ensure the event is run properly. She suggested we educate not hate; help not hurt; become the solution to the pollution that ended up on the beach; and most importantly make a change. Megan Groover Egerly, 115 Lewis Avenue. Ms. Egerly approached mayor and council and read her statement regarding Orange Crush (attached). She stated she was appalled at the lack of police officers that were present during the event. Ms. Egerly further questioned the amount of tickets that were issued for parking violations as well as other offenses. She then asked that city officials and the police department enforce the ordinances and laws. Kareem McMichael, 1062 Abercorn Street, Savannah, Department of Mass Communications, Savannah State University. Mr. McMichael apologized for the immature individuals that were on the beach for Orange Crush. These people are young and have immature minds. Also, the harassment, name calling, and knit picking were heard and were hurtful. We need to come together and work together so this does not happen again. Consideration of Bids, Contracts, Agreements and Expenditures Proposed New Meter Locations. Explanation: Installation of parking meters in City ROW on Lovell Avenue behind Dunes Motel Zoned C-1 (6 metered spaces) and behind Sunrise Restaurant Zoned C-1 on Lovell Avenue (approximately 5 metered spaces). Budget Line Item Number 100-7564-53-1110. Ms. Doyle asked if the adjoining residents were notified that this was on the agenda this evening. Ms. Schleicher stated that she had spoken to the hotel owner regarding this issue. Ms. Doyle then stated she would not vote on this agenda item until residents and affected individuals are adequately notified this will be heard by mayor and council at a designated council meeting. Mayor Buelterman confirmed that all parties will be notified and this will come back before mayor and council. Mr. Brown stated he is opposed to any meters on Lovell Avenue as it is becoming an encroachment issue into residential neighborhoods. Wanda Doyle made a motion to defer the parking meters in the city r-o-w on Lovell Avenue behind Dunes Motel until all adjacent property owners are notified of potential parking meters. Barry Brown seconded. Vote was unanimous. Ms. Schleicher stated the next portion of the suggested metered locations is to put metered parking behind the Sunrise Restaurant as it is a good location. Mr. Brown then asked Ms. Schleicher if affected residents had been notified of this agenda item. Mayor Buelterman suggested there needs to be parameters on who should and should not be notified. Ms. Otto then stated that there was a public hearing notice completed for the Private Parking Lot, 1401 Strand, Ocean Plaza hearing that is on the agenda this evening. Mr. Wolff suggested that a “variance” type sign notifying adjoining property owners of suggested metered parking be posted. Mr. Groover then asked if the C-1 zone to the R-2 zone is the center of the street, i.e., what is the line of demarcation. Ms. Otto stated it was the center of the street. He then asked why the city could not have the same rights as a C-1 business in the r-o-w. Ms. Schleicher commented that this particular site was chosen by staff and the parking committee as it fit the parameters set by mayor and council previously. Mr. Garbett feels this is a perfect location for parking meters as if there are no meters, beach goers will park there without the city gaining revenue. After further discussion, Tom Groover made a motion to defer meters behind Sunrise Restaurant on Lovell Avenue. Frank Schuman seconded. Discussion: Ms. Otto stated there is a standard procedure for notifying adjoining property owners which should be followed in this circumstance for the metered parking spaces on Lovell Avenue. Vote was unanimous. Paul Wolff made a motion to approve the consent agenda. Wanda Doyle seconded. Vote was unanimous. Public Hearings Private Parking Lot, 1401 Strand, Ocean Plaza, Zone C-1/SE. Ms. Otto stated that this private parking lot was before mayor and council February 2012 and the plan at that time for was 82 spaces which was approved. The applicant has now brought a new detailed plan for approval which will include 128 spaces at the location. She has concerns that this is being used as employee parking and not conforming to the intent of a private parking lot which is to provide parking required for the facility. Barry Brown recused himself. Paul Wolff made a motion to approve. Wanda Doyle seconded. Vote was 5-0. Private Parking Lot, 1511 Butler Avenue, Sunrise, Zone C-1/SE. Ms. Otto stated that the owner has provided a drawing that is not drawn to scale. Their original plan for 24 spaces was approved in February 2012. They have returned with a proposed plan to include 39 spaces. She further explained that the 90° parking is to scale; the diagonal spaces are 8’ wide which is the standard compact size but not the required 9’ required width for standard cars; drive lanes are adequate if one-way; but the five on Lovell Avenue might cause a problem as they enter from Lovell Avenue where the previously proposed city metered parking spaces are located. Ms. Otto explained the drawing presented to mayor and council and expressed her concerns. She then stated that she has calculated that rather than the 39 spaces that has been proposed using the required dimensions of parking by the city’s standards, there is only 36 spaces. Mr. Garbett stated that he felt mayor and council had agreed there would be no compact parking spaces in the calculations as there is no way to enforce compact parking. He also commented that the petitioner has not submitted a proper drawing. Mr. Garbett would like to have this plan redrawn so the city can put straight in parking on Lovell in the r-o-w and the petitioner could still maximize their parking. Ms. Doyle commented that the petitioner has been running this particular parking lot for a number of years without any issues. She also asked Ms. Otto is there has been this much concern with past private parking lot applications in regards to size. Ms. Otto replied yes as the ordinance requires a scalable drawing using the city’s standard parking space. Mr. Groover asked if this a commercial parking lot, what are the requirements for the restaurant and the small shop on the corner of the property? He also asked how many parking spaces were requested on the original plan. Ms. Otto explained that the plan that was approved on February 9, 2012 was for 24 spaces. Ms. Schleicher added that mayor and council need to approve how many cars can be parked in the lot as the city marshal will not know who is patronizing the restaurant, air brush shop, or pay for parking. Another option being you need to decide if this parking plan works, are cars being parked safely regardless if they are at the restaurant, air brush shop or pay for parking? Will Jordan approached mayor and council to explain the proposed additional parking spaces. He stated that he monitors the parking in the lot so the cars are parked appropriately. He feels by adding the parking meters on Lovell it will interfere with the delivery trucks that frequent the Sunrise Restaurant. Mr. Jordan has been working this parking lot for twelve years and it works, there have been no complaints or accidents and he would ask mayor and council to approve. Mr. Groover stated he is concerned how the city marshal will be able to enforce paid parking at this location. Mr. Wolff feels that the petitioner could rearrange the plan so the city can install the five parking meters on Lovell Avenue. He also feels this is a conflict as the city should not give up revenue from the proposed location of the parking meters so the petitioner can have additional parking spaces. Barry Brown made a motion to approve. Wanda Doyle seconded. Discussion: Ms. Otto asked for clarification of the motion as to how many spaces or approving plan as shown. Mayor Buelterman stated that the motion is to approve the plan as shown with 39 spaces. Mr. Garbett stated that the city has plans to put five parking meters on Lovell Avenue that will benefit the city greatly and the plan is not to scale. He suggested that the petitioner bring a scaled drawing removing two lots in the middle which would give access to the back spaces and sees no reason to approve this application until factors are worked out for everyone’s approval. Voting in favor were Tom Groover, Frank Schuman, Wanda Doyle and Barry Brown. Those voting against were Paul Wolff and Bill Garbett. Motion carried 4-2. Revocable License/Indemnity Agreement/Right-of-way; Tybee Island Historical Society, 30 Meddin Drive, dumpster. Ms. Otto explained that the Tybee Island Historical Society is working with the Planning and Zoning office on a new parking lot improvement project and it was identified that the dumpster is location on the city r-o-w. Mr. Wolff asked if there have been any complaints from neighbors. Ms. Otto stated there have been none. Wanda Doyle made a motion to approve. Barry Brown seconded. Vote was unanimous. Consideration of Ordinances, Resolutions Second Reading, 12-2012, Text Amendment, Article 7, Tree Removal Regulations. Mayor Buelterman reminded council that when this was before them previously for first reading, the motions we broken into three sections, pines, palms and fines for removal of trees. Bill Garbett made a motion to approve as presented in its entirety. Paul Wolff seconded. Voting in favor were Paul Wolff, Tom Groover, Frank Schuman, and Bill Garbett. Those voting against were Wanda Doyle and Barry Brown. Motion carried 4-2. Council, Officials and City Attorney Considerations and Comments Bubba Hughes 16-2012, Entertainment Licenses. Mr. Hughes explained that this is before mayor and council as an introduction as whether conditions can be imposed on entertainment licenses. This particular version only addresses entertainment by way of amplified music be it live or recorded. He further explained that requests have come before mayor and council for entertainment licenses and this allows conditions to be imposed, restrictions by volume or hours and provides a procedure for terminating a permit once granted. Ms. Doyle asked Mr. Hughes if all the requirements are new or existing. Mr. Hughes explained that some are new and some are existing. Mr. Wolff feels this is a tough issue and needs to be addressed case by case. Mayor Buelterman feels this could create an enforcement problem. Mr. Groover agreed and feels we do not need an entertainment license but a noise ordinance that is equitable for both businesses and residents. Ms. Otto stated there is not an ordinance within the code for an entertainment licensing and she feels a procedure needs to be in place. Mr. Brown would like Mr. Hughes to include language addressing a cut off time during the week/ weekend and inside/outside amplified music. Mr. Wolff stated that he feels this proposed ordinance as written would work as it deals with each establishment case by case. Mr. Hughes will take into consideration all the suggestions and comments from mayor, council and staff and bring back to a future council meeting. Suspension of all private parking lot applications. Mayor and council had a discussion as to the time frame of the suspension of all private parking lot applications in a residential zone. Wanda Doyle made a motion to approve the suspension of all private parking lot applications in all locations with a residential zone until such time the private parking lot ordinance is revisited and brought back to mayor and council. Frank Schuman seconded. Discussion: Mr. Garbett stated that the parking committee has begun a revised parking lot ordinance and he would like to impose a moratorium until such time as a revised private parking lot ordinance would be brought before mayor and council which would supersede what is before mayor and council tonight. Vote was unanimous. Paul Wolff Geothermal Contract. Mr. Wolff stated the proposals were received, opened and reviewed Joe Wilson, DPW; Diane Schleicher, City Manager; Tom Groover, City Council; Janet LeViner, Clerk of Council; and himself. There were three proposals received, one was disqualified due to time constraints, one was not the low bidder and the one recommended is from McCall’s Heating and Air Conditioning which is $25.00 over budget. McCall’s proposal did include a $5,000.00 option for coating the coils for the inside units as the outside units have the coating from the factory. Mr. Wolff gave a report on the savings from the retrofit of Memorial Park which he has itemized totally $14,614.00 for the past two quarters. Mayor Buelterman asked Mr. Wolff to explain the process on how he calculated the savings. He explained that he reviews the city’s bills the Georgia Power website and does a comparison from the baseline (2008) to current usage. Mayor Buelterman then asked Mr. Wolff at what point does the monitoring of the energy savings be transferred from the Clerk’s Office to the Tybee Island Finance Department. Ms. Schleicher stated that she will shift the duties. Mr. Brown asked Mr. Wolff if any part of city hall needed to be retrofitted for the new units. Mr. Wolff stated no that McCall’s Heating and Air Conditioning had inspected the auditorium and there should be no carpentry work needed. He then asked Ms. Otto if the platforms that are being used for current air conditioning units are above base flood. Ms. Otto stated that city hall is a pre-FIRM structure and the requirement is the platform only need to be as high as the electric meter. Mr. Brown asked Mr. Wolff if staff time was included in the amount of the proposal, $87,900.00. Mr. Wolff stated no but there is a match of $525.00. Mr. Brown would like to know how much staff time has been used to date. Ms. LeViner stated that to date she has spent 9.5 hours administering this portion of the GEFA grant. There was further discussion regarding staff time regarding this portion of the grant and it is the desire of council that staff track their time as residents need to know what the real number is for staff time. Mayor Buelterman would like to know what the plans are for the $14,614.00 in energy savings. Mr. Wolff explained that the funds are in a line item that is designated for a revolving loan fund to increase this project for up to ten years. Mr. Groover is concerned that “as builts” are not part of the RFP. Mr. Wolff confirmed that all engineering along with the monitoring systems is included in the RPP and will be included in the contract. Bill Garbett made a motion to approve the geothermal contract with McCall’s Heating and Air Conditioning Inc. in the amount of $89,700.00 to exclude the option for spray-on post factory corrosion protection coating on evaporator coils for city hall units. The difference between the GEFA Grant and McCall’s Heating and Air Conditioning contract amount of $25.00 will be taken from the savings that has been generated with the retrofit of Memorial Park. Paul Wolff seconded. Discussion: In support of the project, Mr. Garbett stated there are some areas of concerns such as in-kind staff time contributions but overall this is an excellent opportunity as the city will capture the savings from the electric bills and environmental advantages as it will reduce our greenhouse emissions. Mayor Buelterman reminded everyone that Chatham County is part of the existing geothermal loop as the Tybee Island Branch, Live Oak Library, is tied into the system. Voting in favor was Paul Wolff, Frank Schuman and Bill Garbett. Voting against were Tom Groover, Wanda Doyle and Barry Brown. Voting in favor was Mayor Buelterman. Motion passed 4-3. Barry Brown Decision Level Policies. Removed from the agenda. Tom Groover Report on Orange Crush. Mr. Groover led a discussion regarding Orange Crush. He asked if the city had a plan for Orange Crush. Did Chief Bryson and the city manager as well as other department heads meet to discuss a plan? Mr. Groover compared the numbers from July 3-4, 2011 to the traffic count from Orange Crush provided by Ms. Schleicher. He asked again if there was a plan in place for Orange Crush, a written plan broken down by hours of the day. Ms. Schleicher read from her report (attached) showing the comparison of traffic, cars coming east and going west, and the amount of Tybee Island Police Department staff that was on duty. She further stated that due to the weather and the attraction of the beach, more people are visiting the Island every weekend. Officers from neighboring municipalities joined forces with the Tybee Island Police Department to assist with patrolling the Island and public safety. Mayor Buelterman clarified that there were thirty-eight Tybee Island Police Officers, six Georgia State Patrol Officers and two jailers on duty for Saturday, April 21, 2012. He then suggested that if council feels we need more officers then a budget adjustment needs to be made so additional officers can be added to the Tybee Island Police Department. Mr. Groover once again stated there needs to be more officers on the beach and a plan for beach events as we need to be consistent. He would suggest that trash needs to pick the same day as the event. Mr. Brown asked Ms. Schleicher if anyone contacted city hall to get a permit for this event. She stated no. He agrees with Mr. Groover that we need to have a plan for beach events. Mr. Garbett stated that council needs to assign the city manager, police chief and the public safety committee the task of organizing this event. Ms. Doyle suggested that there is a way to organize this event as there were problems with Beach Bum Parade and by coming up with a plan and trying different things, the parade is now successful. She also feels that the city needs to find out who the organizers are of this event, talk to them and make this a special event so someone will be responsible for actions on the beach and a plan can be in effect. Mr. Groover made a motion that four weeks prior to any event on the beach, staff presents a plan for implementation of labor for that day. Barry Brown seconded. Discussion: Mayor Buelterman remarked that it would be hard to have a plan for weekends as there is no way you will know how many beach goers will visit the Island on any given day but agreed there needs to be a plan for beach events. Mayor Buelterman then asked council if they agreed that Orange Crush needs to be a special event. They concurred. Ms. Doyle then stated that the motion should be six weeks rather than four weeks. Then Mayor Buelterman asked council if they would agree that Diane Schleicher bring a calendar of events at the next city council meeting so suggestions for a plan could be discussed. Everyone agreed. Mr. Groover withdrew his motion. Mr. Brown concurred. Mr. Wolff suggested this be put on the Public Safety Committee agenda for dialogue and bring back to council. By doing this we would be following a proper procedure. Mr. Groover disagreed as the committee only meets once a month. Mayor Buelterman feels the process should start at the committee level. Mr. Brown feels this has to be addressed immediately. Mayor Buelterman stated this will be on the Public Safety Committee agenda for May 24, 2012 as well as the city council agenda. Paul Wolff made a motion to adjourn to Executive Session to discuss litigation, personnel and real estate acquisition. Wanda Doyle seconded. Vote was unanimous Paul Wolff made a motion to return to regular session. Tom Groover seconded. Vote was unanimous. Paul Wolff made a motion to adjourn. Tom Groover seconded. Vote was unanimous. Meeting adjourned at 10.50PM. ________________________ Janet LeViner Clerk of Council