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HomeMy Public PortalAbout20100923 Minutes final20100923 City Council Minutes Mayor pro tem Shirley Sessions called the Consent Agenda meeting to order at 6:30pm on Thursday, September 23, 2010. Council Members present were Wanda Doyle, Bill Garbett, Frank Schuman, Sr., Kathryn Williams and Paul Wolff. Also present were City Attorney Bubba Hughes, City Manager Diane Schleicher and Zoning Director Jonathan Lynn. Mayor Jason Buelterman was out of town. Mayor pro tem Sessions listed the following items on the Consent Agenda: Friends of Tybee Theater-Jim Kluttz-Request for City to submit application for the Tourism Product Development Grant of $20,000 and Memorandum of Understanding. 3-Day Alcohol License application-Tybee Post Theater, October 22-October 24, 2010 Note: October 24th 1 day license approved-September 9, 2010-Application had to be corrected to reflect 3 day license. Bid Award for Memorial Park Cemetery Cremation Wall to DePue Monument Company for the construction and installation of a granite cremation wall in the Memorial Park Cemetery. Cost $18,176 Budget Line Item # 100-6210-54-1450 Memorandum of Understanding and Agreement for Interns from Germany Intergovernmental Agreement, City of Newington-Vehicle/Equipment swap Approval for Out of State Travel for two police officers to attend Marine Patrol Officer Course in Charleston, S.C. Ms. Williams asked if this was duplication of the training or duties of the Ocean Rescue, MRS, or County. Ms. Schleicher replied Ocean Rescue and MRS are rescue oriented and the County is enforcement oriented. This would give our own officers training in Marine laws & enforcement. The training is free, the only expense is travel. It can also assist the city with future grants and state certification. The Tybee Lites Shrine Club made a special presentation to the Council. Alfred Waite of the Tybee Lites Shrine Club gave a presentation to Council and the citizens of Tybee on what the organization has done for the community. Mr. Waite also addressed the rumors of the Shrine Club lease being placed up for bid instead of being renewed. The club was chartered in 1980 and received a 15 year lease from the City of Tybee, which was renewed in 1996 with stipulations of renovating the building. Mr. Waite gave an overview of the renovations and buildup of the building. The improvements have totaled over $172,000 plus $24,000 additional for appliances. Mr. Waite’s highlights of the club’s service to the community included $157,000 in donations to the hospitals for burn victims (children), special event rentals, low-cost meals and socializing every Tuesday night for all ages, cleaning and upkeep of the fort; including the tunnels, providing space for cannons to be placed and maintaining a shop for the Historical Society for the maintenance and upkeep of their properties. Ninety percent of the renters for special events are from out of town, which brings in revenue for local hotels, restaurants, etc. Mr. Waite stated the club also participates with city activities such as parades and has been used in the past as a command post for law enforcement during critical times and is available if needed. Mr. Waite asked the council to consider what part the Tybee Lite Shrine Club has played as part of the Tybee community. Mike Scarborough spoke to council on a new project sponsored by the Shriners, the Georgia Children’s Identification Project (CHIP). This program prepares the family in what to do in case of a missing child emergency. The program is free to families. Mr. Scarborough stated we are the protectors of our national treasure; our children. Cullen Chambers addressed council in support of the Shrine Club and showed pictures of the improvements the club has done to the fort for not only the Historical Society and the city of Tybee, but over one million visitors since 1998. The partnership between the Tybee Shrine Club and Historical Society is invaluable and continues to benefit this community every day. Mayor pro tem Sessions expressed her appreciation to Mr. Waite for the outstanding presentation and invaluable information. Ms. Sessions stated during recent workshops council was given the contracts with all of the non-profits and leases currently in effect on all the city’s facilities and there have been discussions on how we manage those. Mayor pro tem Sessions stated there would be no action taken tonight. Wanda Doyle expressed her appreciation for not only the outstanding presentation from Mr. Waite and the Shrine Club, but also for the show of support from the citizens by attending the meeting tonight and showing how important just one thing can be. She stated that is what community is all about. Bill Garbett expressed his appreciation for all that the Shriners do and stated council does want to work out an agreement that is in the best interest of both parties. Ms. Williams expressed her appreciation and gave examples of her personal experiences with recipients of the Shriners’ programs. She also addressed the issue of misconstrued information on council’s discussions of leases and contracts. Ms. Williams stated the auditors have called us to task to make sure all the contracts and leases with non-profits are in compliance, including those that receive financial support with grants, etc. Ms. Williams stated no one has talked about putting the lease out to the highest bidder. Mr. Schuman stated he and his family has been to a lot of functions of the Shrine Club and he feels they are one of the best organizations in the United States. Paul Wolff expressed his appreciation for the information shared and stated communication is the key to keeping concerns at a minimum. The council’s goal is to make sure all the citizens are getting the best benefit and service from all the city’s facilities. The Tybee Lite Shrine Club has shown they are doing that. Sessions clarified the rumor about bidding and getting quotes and stated the issue of bids and quotes has recently come to council’s attention through the city’s attorney involving a state law. It is not anything any council member has started. Mr. Hughes stated that is correct. At the last session of the Legislature they adopted an amendment to the law that controls the disposition of city property to add a subsection that deals specifically with leasing property. Prior to that there had been no specific law that dealt with it. That law is the source of the requirement of putting property out for sealed bids. The bid proposal can be structured in a way that can protect a tenant; so to speak. The current insurance requirements would be in compliance with the new law but the terms for the length of time the property can be leased for have been changed. Mr. Hughes stated he has to work through that with a number of the leases. Although the lease exists and has a renewal clause, the way the law was enacted, it provides that it applies to all leases entered after July 1, 2010 or renewed after that date. Mr. Hughes stated we will continue to work through all the leases Ms. Williams asked Mr. Hughes to site the new law’s location for anyone that might need it. Mr. Hughes replied it is Code Section 36-37-6 and the new subsection is (L). Mayor pro tem Sessions adjourned the Consent Agenda. Mayor pro tem Sessions called the regular meeting of the City Council to order at 7:15pm. Those present at the Consent Agenda were also in attendance for the regular meeting. Lloyd Hodges gave the invocation and everyone recited the Pledge of Allegiance to the Flag. Mayor pro tem Sessions, on behalf of the Council, Staff and Citizens of Tybee, thanked the volunteer firefighters and ocean rescue team for their speedy action in retaining the fire in the sand dunes on the South End. Proclamations and Recognitions Mayor pro tem Sessions read a Proclamation presented to the Savannah Bank for their partnership and presence on the island affording our citizens immediate access to banking services. She also expressed her thanks to the Better Hometown Board for bringing this to the council’s attention. She encouraged citizens to support the services the Savannah Bank is offering. Paul Wolff also encouraged citizens to support the services to ensure their presence in our community. Chantel Morton shared the recent activities of the Better Hometown’s newest program, the Tybee Island Information Providers. The pilot program began in August and will take a break for the off season and resume again in the spring. The program works in conjunction with the information services given by the Chamber and Visitors Center and is another way to demonstrate our Tybee goodwill and friendliness. Ms. Morton recognized the first team of the T.I.I.P volunteers and presented each with a gift certificate from Spanky’s. The team members were Cullen Chambers, Jim Glass, Beth Hodges, Diane Hoffman, Sandi Postle, and Denise Woodard. Ms. Sessions said visitors have come up to her to share what a wonderful experience they had with the volunteers. She expressed her appreciation. Ms. Morton asked if anyone would like to join the program and volunteer, to please contact her. Citizens to Be Heard Richard Adams invited everyone to PirateFest on October 7th-10th. Mayor pro tem Sessions said Mr. Wester from Ft. Pulaski could not be present tonight as planned, but had asked her to extend his invitation for everyone to come out to the park on this Saturday for National Land Day. Randy Peacock of Peacock Construction addressed council to clarify the change order on the GEFA grant to install Ecobee thermostats. Mr. Peacock stated the original bid was to replace existing thermostats with programmable thermostats but after the project was awarded they were asked to price an Ecobee, which is a thermostat that operates wirelessly through the internet and allows Tybee to control the thermostats on all six buildings from one laptop. Mr. Peacock stated this is a higher level of security and control over the single most energy consuming device in any of the buildings. Ms. Doyle asked if the level of cost is the same. Mr. Peacock said it is a little higher. Mr. Lynn commented it is a change order but in conversations during the construction meeting it was decided instead of the airlock at the front of the city hall, the Ecobees would provide more of an energy savings. The cost of deleting the airlock and adding the Ecobees is actually a $2,234 savings. Ms. Doyle asked for dollar amounts affected by change orders to be indicated on the agendas, not just in the packets, for greater clarification. Ms. Williams asked if the thermostats would be controlled centrally or at the individual locations. Mr. Peacock replied either way. Usually with the Ecobees they are all controlled by one person. The location controls are locked out, because you are trying to keep people from playing with the thermostats and your power bills. Mr. Wolff commented he has a similar device that has saved him 25% on his power bill. Mr. Garbett asked if Mr. Peacock had installed these or used them before. Mr. Peacock replied he had not and stated Mr. Wolff had introduced him to Bayweb thermostats and he had his HVAC contractor do some research and came back with the Ecobee. A representative from Mingledorff came and talked to his staff on the Ecobee. It is like a mini energy management system, the newest technology. Mr. Garbett confirmed with Mr. Peacock we are not the first to ever use them. Mr. Wolff stated the Ecobee is easier to install and requires less labor than the one he has and is the reason they went with the Ecobee. Mr. Peacock encouraged council to review them on their website. Ms. Sessions stated this would probably add points to DNR’s partnership for a Sustainable GA of which we are participating currently at the Bronze level. Mr. Lynn commented that is correct, consideration is being given to who is going to control them and its being considered to let the Green Team do it. Mr. Peacock stated the Ecobee system is a great way to really find out what is happening with your buildings. Consideration for the Consent Agenda A Motion by Paul Wolff to approve the consent agenda was seconded by Frank Schuman. The vote was unanimous. Consideration of the approval of the minutes of the regular meetings of the Tybee Island City Council. Mr. Wolff stated he had talked this week with Ms. Woods about having worked on editing the minutes for over an hour. He said council should only be reviewing for content, not grammar and punctuation and would not vote to approve these minutes. Ms. Sessions asked Ms. Woods if she would like to respond. Ms. Woods replied yes she would. She said the submitted minutes are an inferior work product and she is addressing the problem. She apologized for the minutes being submitted for approval without a thorough review. She said she understands the importance of the history of Tybee being recorded accurately and the Clerk’s department would strive to make that happen. Reports of Staff, Boards, Standing Committees and/or Invited Guest Mayor pro tem Sessions stated the Monthly Financials of the Rivers End Campground has been postponed until the first meeting in October. Consideration Local Requests & Applications-Funding, Special Events, Alcohol License GEFA Grant, Catamount Contractors Change Order #1 Adding Ecobee thermostats in lieu of the 7 day programmable thermostats and placing the airlock at City Hall on hold to increase energy savings. Todd Smith, IT asked about the locations where they would be installed as we do not have connectivity at all facilities in the city, such as the cafeteria. Mr. Wolff asked how difficult it would be and the cost to get the connectivity there. Mr. Smith replied it wouldn’t be more than $500 he would just need to know where. Mr. Lynn stated he would work with Mr. Smith on this. Ms. Sessions asked if it still needed a vote and Mr. Lynn replied yes it did because it is a change order on a contract originally approved by council. A Motion by Paul Wolff to approve the change order contingent on it not costing more than the original contract cost for these items was seconded by Frank Schuman. The vote was Wolff, Schuman, Garbett, Sessions and Williams voting in favor and Doyle opposed. Jet Pay Agreement Mr. Hughes stated the contract has terms inconsistent with provisions of Georgia law, however if we want to get the services, JetPay is insisting those terms remain. The contract was signed in error over a year ago as the last council had approved going forward without it. He recommended moving forward now, by renewing, so the campground can proceed to make reservations under this software program. The other similar contract was with PayPal and it likewise had the same objectionable clauses. Mr. Hughes said Mr. Hemphill has insisted for awhile that he really needs this to make it work with the reservation system on line and allow the charges for it. Mr. Hughes stated the risk is actually on JetPay for the invalidity of the clauses. He felt a carefully worded letter back to them, stating we make no representation regarding the enforceability of this, addresses the concerns. Ms. Sessions commented when vendors in some contracts insist on using their own language, we have to weigh what the level of risk is and asked Mr. Hughes, in this situation, what is the level of risk the city would be taking by agreeing with their terms? Mr. Hughes replied the risk of exposure from a liability stand point for the city is remote. It does involve the internet and any nightmare is possible. Mr. Hughes stated the overall risk is minimal and is outweighed by the benefits of the arrangement, based more on staff’s knowledge of the program than his. Ms. Sessions asked in reference to the internet, are there personnel policies or ordinances in place that prohibit inappropriate use of the internet by employees. Ms. Schleicher stated staff is working on that, we do have one but it needs updating. In reference to JetPay this is like a banking service and during reservations takes out the step by staff of interaction with someone’s bankcard, reducing labor steps and increasing security of someone’s financial information. Ms. Schleicher stated allowing the guest to do every step of the process at one time on the internet is a great improvement in customer service. In addition, it also includes a program that incorporates the cash register and accounting system which will make the campground office more efficient and have greater internal controls. A Motion by Paul Wolff to renew the JetPay Agreement with Mr. Hughes’ revisions was seconded by Wanda Doyle, The vote was unanimous. Proposal to provide assistance to the City of Tybee Island, Carl Vinson Institute of Government. $2,500 Line Item 100-1110-53-1310 Mr. Hughes explained the city has been in discussions with the Carl Vinson Institute to provide a neutral presentation for educational purposes to the citizens regarding the referendum that is going to be voted on in November to determine rather or not the Charter should be amended to change the terms of office for elected officials from two to four years, and to stagger those terms. Mr. Hughes stated the city cannot spend money to promote or oppose any referendum item. This is drafted to state the Institute is to provide information and information only, as an educational tool in a completely neutral fashion, in order to educate the public as to what the consequence could be and the public can make their own decision Ms. Sessions clarified by approving this, the Institute would have educators come down and conduct workshops at city hall and have information available on what it means to have staggered four year terms and that process. Mr. Hughes replied that is correct and they have also agreed to have general information as to how many other communities have it this way or the other way. Ms. Sessions stated the city council and city staff is not advocating one way or another we are just providing information. Mr. Hughes said that is correct. Mr. Wolff asked if only having one session, filming it and showing it on the cable channel could save some of the funds; was a proposal submitted for only one? Mr. Hughes replied he is not aware of that. Ms. Sessions stated Mayor Buelterman may have felt it was of value to have different sessions, if they couldn’t attend one they may the other. And, recognizing not everyone has access to Cable, we wanted to provide every outlet we could to offer this information. Ms. Doyle agreed. A Motion by Mr. Garbett to deny was not seconded and failed. A Motion by Wanda Doyle to approve was seconded by Paul Wolff. Mr. Garbett said this is just spinning our wheels. We are spending $2500 for no benefit to the city. We had this referendum three years ago. He stated there are a lot of advantages in moving to the staggered four year terms but he does not think this is going to benefit the city. He has spoken to many people and most of them have already made up their minds on this. This is not something we need to spend money on. Ms. Sessions stated everyone has their own personal opinion, as does she and will vote accordingly if this passes for a referendum, but as she understands, there had been a lot of misinformation and no opportunities given for the citizens to have the information of what it meant. And, the council members bringing it back want to make sure citizens are educated to the pros and cons. The vote was Doyle, Wolff, Schuman, Sessions and Williams in favor and Garbett opposed. Consideration of Ordinances, Resolutions 2nd Reading for an ordinance to amend the code of ordinances pertaining to Motorized Carts, Section 66-8 (b)(4)(e) to allow Motorized Carts to operate after sunset and before sunrise. A Motion by Paul Wolff to approve was seconded by Kathryn Williams. Mr. Wolff asked the effective date and Mr. Hughes replied if approved tonight, it would be effective tomorrow. The vote was unanimous. 2nd Reading for an ordinance to create section 66-185 regarding use of parking decals and limitations thereon. Ms. Williams stated the ordinance in the packet does not seem to be the ordinance council approved on 1st Reading. Ms. Doyle asked in reference to what. Ms. Williams replied the wording in the last paragraph. She recalled separating “commercial” and addressing vans of any type. That could be just a family van. She does not think that reflects what was approved the first time. Ms. Doyle stated she does recall having that discussion but maybe several meetings back, not the last meeting. Mr. Hughes recalled it being discussed and also did not recall what meeting but it doesn’t seem to have been changed in what is before council. Ms. Williams commented that is what is troubling. Mr. Hughes stated he had seen her email, briefly looked back at the last meeting but the minutes don’t reflect that and he doesn’t remember exactly what meeting it was. He does want to make sure it is what council wants before it passes. Mr. Wolff stated the wording he asked to be changed is in the first paragraph on the first page and should read “not withstanding any provisions of the code, decals applied to trailers, recreational vehicles, commercial trucks and vans of any type and boat trailers, may not be used to authorize parking for more than 24 hours.” He agreed with Ms. Williams stating “vans of any type” could mean an SUV and that would eliminate a lot of people. Ms. Williams asked to continue until the DVD could be reviewed and confirmed exactly what was approved at the first meeting. Council concurred and asked Ms. Woods to review the DVD. Ms. Williams asked Ms. Schleicher if this was time sensitive and she replied they could be patient as the season for the trailers has really passed and she too wanted it right. Council requested this ordinance be revised according to suggestions made at previous meetings and brought back to the 2nd meeting in October. 2nd Reading for an ordinance to amend the code of ordinances pertaining to exemptions from ad valorem tax for Tybee residents who register their vehicles on Tybee. A Motion by Wanda Doyle to approve was seconded by Paul Wolff. The vote was unanimous. 1st Reading Revised drug testing ordinance Ms. Sessions asked if this had come before them before for discussion and Ms. Schleicher stated no this is the first reading. Ms. Sessions asked for guidance from Mr. Hughes if this should be approved as submitted or just discussed and brought back for vote. Mr. Hughes suggested first a general description of how we got to this point. We currently have an ordinance on the books and the practice of doing testing has gotten a little inconsistent with the ordinance. In looking into it, it became evident that both the practice and the ordinance needed to be updated due to changes in the law that could be applicable to personnel subject to certain kinds of testing. This revision will get the ordinance consistent with what the current law is, which changes frequently as a result of decisions on court cases. The changes are not a major change in the program. We had grown to where virtually any employee was subject to random testing and the law doesn’t permit that. This is made to bring the ordinance into conformity with the restrictions of law. Mr. Hughes stated one provision provides that the employees subject to random testing are those that are required by other laws to have random testing such as holders of commercial driver licenses and those deemed by the city manager to be in safety sensitive positions. Mr. Hughes stated Ms. Schleicher had informed him she held a meeting with department heads and they had agreed with a list of what those safety sensitive positions would be. That isn’t part of the ordinance but has been included in the packet tonight for informational purposes for council. Mr. Hughes said nothing else would really change other than we would be in compliance with what the legal standard is. Ms. Schleicher stated not listing the positions in the ordinance gives us the flexibility of updating or changing the list as becomes necessary due to position changes, without having to change the ordinance each time. Ms. Doyle asked if what we are doing is just adding the list of safety sensitive positions to the ordinance. Mr. Hughes stated no, not adding the list to the ordinance. It only adds the ability of the city manager to designate what those positions are; not by name but by position or job title. With some positions, such as those with a CDL, there is not a choice; others there are choices. This is 1st reading if you want to take time to study it that is fine. Ms. Doyle stated she felt that would be better as the proposed ordinance was not in the council packets only in the notebook when she arrived tonight and she did not feel comfortable voting on it without a full understanding. Mr. Garbett asked if Mr. Hughes could point out the changes between the old ordinances and the new one. Even though he was all for drug testing, this was the first time they had seen it Mr. Hughes replied it was first done in January, and has changed since then. Ms. Schleicher stated almost everyone was subject to random drug testing this just narrows the pool to only the safety sensitive positions. The pre-employment testing and “for cause” still remains and maintains our “Drug Free” policy. She stated it was pointed out we had too big of a net that did not meet the new laws for testing at random. Ms. Williams stated in reviewing the list, it seems it is about 85% of the staff. Ms. Sessions asked if the City Manager was included. Ms. Williams responded at the top of the list. Ms. Sessions stated the City Manager, even though she does not operate a city vehicle, felt as a person in leadership this would set an example. Ms. Schleicher responded she felt it would be appropriate for her to be on the list even though normally she wouldn’t, due to the fact she is the direct supervisor of those that are; such as the police department and fire department. Ms. Williams asked how the testing for alcohol is done, because it isn’t against the law for employees to have a cocktail with dinner. Would this still be in their system? Ms. Schleicher stated there is a level of alcohol that is considered intoxicated. Generally it has only been a problem if an accident occurred. Council requested a copy with proposed changes highlighted and brought back at the 2nd Meeting in October. City Manager’s Report - Diane Schleicher Action Items List Ms. Williams asked to add the Internet Policy update. Ms. Doyle addressed the Juvenile Ordinance and stated in the public safety committee meeting, which Mr. Hughes and the Interim Police Chief attended, they discussed this and came to a consensus no real problems currently exist and recommended no action at this time. Ms. Sessions addressed the issue of the increase of citations being given for violations on the Jetties. In the past the police had been reluctant to enforce violations such as sitting on the jetties, etc but recently the public safety committee informed the police the ordinance does exist and needed to be enforced. The committee felt this is a dangerous area, signs exist of the safety hazards and that is why the ordinance does exist and should be enforced. The issue was revisited at the last meeting and additional steps have been taken to alert beachgoers, such as, an addition to the sign of possible fines for violations and the code reference. Mr. Garbett asked if this had been decided as a safety hazard because as a kid he used to delight in romping across areas like that. Ms. Williams stated she believed public safety has been the driving force behind the ordinance. However, she had been bombarded by phone calls that people had received tickets for sitting on a rock not climbing on them. The additional verbiage on the sign is important. She understands doing everything possible to keep people safe but without going overboard; like giving people a ticket for basically sitting on a rock in the sand. Ms. Sessions commented hopefully the signs will make people think twice. Ms. Williams asked if Item 4, the cemetery, could be stricken off. Ms. Sessions asked Ms. Schleicher to clarify for the citizens what their steps would be if they wanted to apply for participation. Ms. Schleicher stated Dupue, the same company installing the wall, has offered an option for doing the plaques. That agreement will be coming before council at the next meeting. She felt it was important to use the same company due to the drilling into the wall during application of the plaques. Ms. Schleicher said shortly everything will be in place and citizens will be able to come and apply for their cremated remains to be added and recorded in the cemetery. Ms. Sessions stated for historical reference, years ago a former council member Anne Monaghan, who recently passed away, and Tybee resident Bernie Goode worked diligently with others to get the City to agree to allow those wanting their cremation remains to be included in the Memorial Park Cemetery and names recorded on the fence. This is finally coming into place along with the procedure on how citizens can now do this. Ms. Schleicher stated if someone really wanted to go ahead and complete the application they could but she would like to have everything in place. She asked council to have the item remain on the Action Item list; we are close but it is not completed. Mr. Garbett stated he heard at a recent workshop that other cities that own cemeteries run them as an enterprise fund. Ours, is of course, a smaller scale but we can keep this in mind if it starts generating enough funds to cover the maintenance of the park. He asked for confirmation from Ms. Schleicher if there would be much maintenance. Ms. Schleicher stated that had been a concern of Mr. Goode and he wanted it to generate enough revenue to maintain the fence every few years as a long term thought. Mr. Goode had thought of it as stewardship of the small space. Ms. Sessions asked if fees had been established for the plaques. Ms. Schleicher stated yes, $500 for residents and $750 for non-residents and there are guidelines to establish what constitutes a resident. Ms. Williams asked if decals have come in for the trashcans (#22). Ms. Schleicher stated she knows the purchase order went out but does not know if they have been delivered. Council, Officials and City Attorney Considerations & Comments Bubba Hughes Shrine Club Lease letter from Royal & Vaughan Mr. Hughes stated the lease is at the end of the term and contains a renewal notice. That was the intention of Mr. Vaughan’s letter. He has spoken to Mr. Vaughan and briefly discussed the new law. Mr. Hughes suggested continued discussions with Mr. Vaughn and council to see what we can accommodate while staying within the terms of the law. There are arguments that because the lease is already in existence, they can’t retroactively impose an obligation or change a contractual obligation that already exist. The impact on a renewal right is just not known. Ms. Sessions asked when the lease technically expires next year, could selling the property with giving the Shrine Club first option at a fair market price, be one of the several options council could look at. Mr. Hughes replied probably not, because of the different requirements of disposing of city property. They could probably have a right at first refusal in the purest sense. It couldn’t be an option; they would have to match whatever the other price is. Ms. Sessions commented she was not suggesting it, but asked if the city wanted to sell that property; could they? Mr. Hughes replied yes, there would be a way to sell the property. Ms. Sessions stated she had been asked by a Shrine Club member if they were ever interested in purchasing the property, would that be an option. She had told them, to her knowledge, it would be if the City ever decided they wanted to go that route, but she didn’t know that as a fact. Mr. Hughes commented there is a way if the City ever decided to do that. Ms. Sessions explained council had been getting questioned by the auditors as well as citizens about the $100 lease payment from the Shrine Club. Mr. Hughes stated it is $100 net; the lease has a very confusing clause with the amortization of the value of the repairs/improvements to the building, which is a majority of the rent. No action was taken by Council and Mr. Hughes stated he will keep council updated. Status of T-Mobile Agreement Mr. Hughes stated he had placed it on the agenda to keep council informed that the item is still pending. They have not given notice of termination. T-Mobile is trying to standardize all of their lease agreements and negotiate more favorable terms then exist now. They ran into the amendment and are receiving differences of opinion on what that affect is on existing leases and what power a city has apart from that change to make leases. Mr. Hughes recommended no action tonight. Ms. Williams asked in regards to the new ordinance, will that compel the city to put every cell tower lease out to bid. Mr. Hughes replied yes, at the correct time; not while it is under a current lease. Mr. Hughes commented communication and cell tower leases were a main driver behind Susan Moore driving the new laws. About half of the Association of City Attorneys disagrees with that being a good idea. It may change in a couple of years to have additional exceptions in it, but it does apply to this. Ms. Williams asked about the feasibility of cell tower companies investing and placing towers for short leases. Mr. Hughes replied his concern is the possibility of the new laws driving towers to private properties where they can get long term leases. Your ability to control towers is limited under certain Federal laws. It can actually come back to haunt us. No action was taken by Council. Paul Wolff Charter Amendment, Article V Section 5:18 Filling Mayor and City Council Vacancies. Mr. Wolff stated this was something he became aware of and it concerned him that if a vacancy came up on Mayor and Council, the sitting council could just elect at random anyone they wanted to fill that vacancy, provided that person was qualified to hold the office. Mr. Wolff stated he saved the $125 hourly attorney fee and wrote the amendment himself and assumed it was legal as he had not received anything stating it wasn’t. Mr. Hughes replied he did not think it is unlawful but it would have to go to the Department of Justice for pre-clearance. Mr. Wolff read the change requested as: “in case of the vacancy of mayor or any council member from any cause what so ever, other than the expiration of the term of office, the mayor and remaining council members or the remaining members of the council, as the case may be, shall appoint within thirty days the person that received the most votes in the most recent election of the current council without securing a seat on the current council, provided however, that the person so appointed to fill the vacancy shall be possessed of each and every one of the qualifications required and prescribed by this Charter for a candidate seeking election to the office to be filled, provided further such person so appointed to fill the vacancy shall serve only for the remaining of the unexpired term of the vacant office for which he or she is appointed to fill.“ Mr. Wolff commented he wanted the amendment because he felt it was only fair if a vacancy occurred for the mayor or a member of council, the voters are the ones to decide who fills that, not the people who happened to get elected. Mr. Schuman stated he agreed because the person would have already been through the qualification process with the Board of Elections. A Motion by Paul Wolff to adopt this Amendment to the City Charter was seconded by Kathryn Williams. Ms. Williams asked what if there were only six candidates. Also, what happens in the case of the mayor’s vacancy? Does the official who received the next highest votes move into his spot or the mayor pro tem and that person moves to that spot. Mr. Wolff stated these are good questions and they were not addressed in the original ordinance. Mr. Hughes said to amend the Charter; procedures are a little different than just adopting an ordinance. There are publication requirements, two meetings with time restrictions between them, and other requirements he needs to review. Mr. Hughes suggested holding off on the amendment until after the referendum in November as that could impact it. For instance, the wording may have to change if the four year term on the referendum was approved. Mr. Hughes said after the referendum is decided he would compose something that should address the questions posed and any others, as well as the staggered terms, if necessary. Mr. Garbett said he is not convinced this is the wisest way to replace a councilmember. Frequently we have votes where a majority of council members tend to be of the same political persuasion. For instance, if the previous council had had this ordinance in effect and one of them had resigned, Ms. Williams would have been the next person on council and he did not believe she was politically aligned with that council. He stated the council needs to take the responsibility of picking the right person for that job. Sometimes we have people, who come in and, say we had seven candidates and one of them is a scoundrel, and we have had a few scoundrels; are we just going to appoint them? We really need to give this some serious consideration of rather or not we want to, by default, have the next vote getter on the council. Mr. Doyle said she totally disagreed. There might be people that think we are all scoundrels. That does not have anything to do with it. We are not going to agree with each other 100% of the time, however, we are here to work together as a team. We are going to disagree at times but we all still work together. Mr. Wolff reiterated the only democratic way to do this is to go back to the voters and not have the sitting council, regardless of political alignment, just appoint someone at random. It is only fair in the democratic process, that the previous election be the determining factor in who is representing the people. Mr. Garbett asked why say you would appoint someone at random. If we were going to appoint someone at random we would just pick straws out of the population. We wouldn’t be appointing someone at random. We would choose someone and select them on their capabilities. Mr. Wolff asked if that is regardless of what the voters wanted prior to us. He stated Mr. Garbett had a prime example earlier of the last council. Mr. Garbett said he wasn’t saying he wouldn’t choose that person. Ms. Sessions commented she had noticed looking at minutes that go way back the few times this had occurred, the person that did get the next highest number of votes was appointed. When this council and those of the last council, prior to elections, had a forum and were asked the question, if you got elected and a member of council left for any reason, would you support the idea of appointing someone or selecting the next person that got the highest number of votes? She had responded in support of that. Ms. Sessions stated her concerns are the issues Mr. Hughes has brought up and suggested it be held for further review and after the referendum in November. Mr. Wolff withdrew his motion and Ms. Williams withdrew her second. A Motion by Mr. Wolff to continue the amendment request until the council meeting in November, after the Referendum, and a review by Mr. Hughes was seconded by Ms. Williams. Ms. Doyle confirmed with Mr. Hughes that was enough time for review and Mr. Hughes agreed. Ms. Sessions commented in the workshop other members had seemed to think it was a good idea to explore it and appreciated Mr. Wolff addressing it. Minutes from Board and Committee meetings Mayor pro tem encouraged everyone to read the minutes the non-profits submit. Executive Session A Motion by Kathryn Williams to go into Executive Session to discuss Litigation and Personnel was seconded by Paul Wolff. The vote was unanimous. A Motion by Paul Wolff to go back into Regular Session was seconded by Bill Garbett. The vote was unanimous. Adjournment A Motion by Paul Wolff to adjourn was seconded by Wanda Doyle. The vote was unanimous.