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HomeMy Public PortalAbout050_010_20130328CityCouncilMinutes City Council Minutes 20130328 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on March 28, 2013. Those present were Mayor pro tern Wanda Doyle, Paul Wolff, Torn Groover, Jan Fox, 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: • Special City Council Meeting, March 14, 2013 • Regular City Council Meeting, March 14, 2013 • Frances K. Strickland, Ethics Commission • Special Event Consideration, 2013 Tybee Island Beach Burn Parade, May 17, 2013; 6:30PM, North Beach — Meddin — Van Horn — Butler — Tybrisa route. Jack Boylston approached mayor and council to thank the City for all their support with the Beach Burn Parade. • Special Event Consideration, 3rd Annual Coastal Empire Surfers for Autism, September 7, 2013; 9:00AM — 4:00PM, Beach area south of the Walter W. Parker Pier & Pavilion. • Alcohol License Request: Restaurant — Beer/Wine/Liquor by the drink; Sunday Sales, 80 East Pub and Grill — Full Service Restaurant. • Budget Adjustment Request: o Decrease SPLOST Capital Other (Public Safety Incode Software and GIS) 320-4970-54-1001 - $141,300 for a balance of zero and increase SPLOST Police Building 320-3210-54-1310 for a balance of $2,499,128. Discussion: Ms. Schleicher stated that this has been discussed at city council workshops and is requesting formal approval by mayor and council. Ms. Doyle stated that the $141,200 is part of the budget and the intent is to shift the monies over for construction. o Decrease Contingency — 100-900061-100 by $6,500 for a balance of $167,244.77 and increase GIS — 100-7220-54-2150 - $6,500 for a balance of $6,500. • DPW Transfer Station, Policy Recommendation. Purpose: To reduce the volume and cost of trash hauled construction debris from Department of Public Works (DPW) transfer station to landfill without the investment cost of a scale, FAB and additional labor cost for over site of site of scale. Budget Line Item: 100-4520- 52-2111. Discussion: Mr. Schleicher recommended that the City prohibit any construction debris, enforce the current ordinance and direct residents to dispose of their construction debris in or next to their solid waste cart as WastePro will pick it up. Also, to remind contractors to have their onsite dumpster per the City Code and encourage residents to dispose of other bulky goods by using curbside pickup. In this way, it will reduce the waste in the transfer station at DPW. She would also like mayor and council to consider codifying the text amendment that was approved in 2005 by continuing to allow yard debris by landscapers to be taken to the transfer station as it represents a minimal amount of the cost as compared to construction cost. Mr. Groover asked Ms. Schleicher if the chipper was still operational at DPW. She confirmed and further stated that DPW will chip but there are more chips than the City or residents will ever use. Mr. Brown stated he understood the chipper was broken. Ms. Schleicher stated she will check on the status of the chipper. She also reminded that WastePro will pick up yard waste as long as it is the correct size, 4'x4'x4'. Ms. Schleicher recommended that a ban be put on all construction debris regardless of it being done by a home improvement contractor or resident. Ms. Fox asked if there was a timeline for this recommendation and how the public would be informed. Ms. Schleicher stated that with approval, staff will contact all the registered contractors and a plan should be in place by May 1, 2013. • Savannah Corp of Engineers request for advanced funding for cultural resource investigation — local share, $35,000. Budget Line Item: 100-6125-54-1402. Discussion: Mr. Brown asked Ms. Schleicher where the $35,000 funding would be taken from. Ms. Schleicher responded it would come from the operating beach re-nourishment line item as $150,000 was transferred in to cover this additional cost. Mr. Brown asked Ms. Schleicher to confirm their conversation earlier regarding the transfer of $600,000 back into the beach re-nourishment fund. Ms. Schleicher responded that the discussion was in order to stay on target for the last four years since re-nourishment; the City would need to have at least $600,000 in the general fund balance that is segregated for beach re- nourishment instead of $400,000. Mr. Groover asked Ms. Schleicher if the contract with Eric Olsen needs to be renewed or is it perpetual as it was originally signed in 2007. Mr. Hughes stated that the contract is annually renewed unless cancelled by mayor and council. Ms. Schleicher asked mayor and council if they would like an addendum to the contract so they would be comfortable with his scope of work being done on the Island. They confirmed. Mayor Buelterman called the regular meeting to order at 7:00PM. All those present for the consent agenda were present. Opening Ceremonies • Call to Order • Invocation: Jan LeViner • Pledge of Allegiance Recognitions and Proclamations Jimmy Bostwick, Construction Foreman, Department of Public Works was honored as employee of the quarter. Mayor Buelterman congratulated Mr. Bostwick for his 23 years with the City. Mr. Wilson approached mayor and council to thank Mr. Bostwick as well. Jeannie Alford, River's End Campground was recognized as she has retired from the City. Mayor Buelterman presented her with a Tybee Island City watch and thanked her for all her work with River's End Campground. Report of Staff, Boards, Standing Committees and/or Invited Guests Angela Hudson approached mayor and council to present the following agenda items: GASB 54. Ms. Hudson stated the first agenda item this evening is to present the Governmental Accounting Standards Board 54 Fund Balance Report for June 30, 2012. This is a requirement to take the fund balance for each of the governmental funds and special revenue funds and classify those fund balances into specific categories. Ms. Hudson then presented a revised report which is different from what was included in the packet (attached). The general fund has been revised due to an additional journal entry which reduced the fund balance approximately $3,600 from the previous balance. The balance is $3,737,026.62 as of June 30, 2012. She further explained that of that fund balance there is $147,332.98 that is considered to be non-spendable as it is for pre-paid expenses. The other fund balance amount in the general fund is considered to be a committed fund balance and her recommendation for this fund would be $3,202,719.75. This would consist of setting aside $600,000 for beach re-nourishment, $401,976.75 for Greenspace and $2.2M for economic stabilization (rainy day fund) which is 22% of budgeted expenditures from FY12. Ms. Hudson stated that once this money is committed by a majority vote of mayor and council it cannot be uncommitted or used without another majority vote by mayor and council. Paul Wolff made a motion to commit $3,202,719.75 as the fund balance for the general fund. Barry Brown seconded. Discussion: Ms. Schleicher asked mayor and council if their desire is to take a portion of the Greenspace Fund and put toward the upcoming beach re- nourishment. Mayor Buelterman suggested that the money stay in the Greenspace fund in case it is needed for something else. Mr. Brown asked Ms. Hudson if there would be a separate checking account for the upcoming beach re-nourishment. She confirmed. Ms. Fox would like the account set up as an interest bearing account or short term certificates of deposit. Ms. Hudson confirmed. Vote was unanimous. Ms. Hudson explained that with several accounts, no action is required such as the emergency 911 fund that has a fund balance of $7,985 which is non-spendable; hotel/motel fund has no fund balance, no action required; the SPLOST fund currently has a fund balance of $3,223,376.43 which is restricted, no action is required; and the grant fund, no fund balance, no action required. She reminded mayor and council that the City is still collecting 2008 SPLOST revenue for another year. Ms. Doyle confirmed funds within the 2003 SPLOST. Mr. Brown asked where the energy savings from the retrofit of Memorial Park are. Ms. Hudson explained there isn't a fund balance for that account as it is not tangible money and is only a budgeted savings. Mayor Buelterman asked Ms. Hudson, regarding the $456,497, does it have to be transferred from the general fund to the SPLOST. Ms. Hudson stated that it was ultimately up to mayor and council. Mr. Wolff then explained the energy savings program as a result of Memorial Park retrofit and requested Ms. Hudson set the monies aside in a separate checking account. She confirmed. Ms. Fox then asked if were not determined that the City spent $1.2M on beach re-nourishment? Ms. Hudson confirmed. Ms. Doyle would request the Community Resource Committee present a report on the energy savings at an upcoming city council meeting prior to moving the savings. Mr. Groover stated he attended the last meeting where he requested a quarterly update be presented to mayor and council. Ms. Doyle thanked Mr. Groover. SPLOST transfers. Ms. Hudson stating she is requesting a transfer of $456,597 from the general fund back to the 2003 SPLOST. This is a reimbursement relating to the past beach re-nourishment. Tom Groover made a motion to approve. Wanda Doyle seconded. Discussion: Ms. Fox explained that $456,597 belongs in SPLOST as all the monies that were spent on beach re-nourishment from the general fund have already been charged to the general fund. Vote was unanimous. Move the campground from the general fund to a fund to itself. Mayor Buelterman stated that per Ms. Hudson's recommendation, River's End Campground would be moved from the general fund back into a separate enterprise fund as the campground operates as a business. Ms. Hudson also requested mayor and council's approval to transfer $207,799 from the general fund to the River's End Campground fund as a supplement which is intended to cover the deficit. Ms. Doyle asked Ms. Hudson for clarification regarding the enterprise fund and the administrative fees associated with that fund. Ms. Hudson confirmed and further explained that she would develop a cost allocation plan associated with the administrative fees. Ms. Doyle requested that all administrative fees associated with the enterprise funds be consistent. Tom Groover made a motion to approve. Barry Brown seconded. Vote was unanimous. Adjustments to the sanitary funds. Ms. Hudson stated that the sanitation fund has over the past three years, incurred a deficit which has been covered by the general fund. She would recommend that $363,718 from the general fund be transferred to the solid waste fund to cover this deficit as of June 30, 2012. Mayor Buelterman asked Ms. Hudson her plan to ensure the solid waste fund is kept in balance. Ms. Hudson stated that the agreement with WastePro is currently on the agenda which would increase fees. The City needs to either negotiate those fees or pass them on to the residents. Without this being done, the general fund will continue to supplement the solid waste fund. Mayor Buelterman asked if WastePro were to directly bill the residents would this resolve the problem. Ms. Hudson confirmed but feels they would not want to take on the responsibility of billing residential accounts. Ms. Schleicher confirmed there is no administrative fee built into the cost to the residents from WastePro. She also recommended that a fee of 25 cents to $1.00 more per cart be added in order to cover the deficit which would reflect a true user fee rather than transferring money from the general fund. Ms. Hudson corrected Ms. Schleicher as there is not an administrative fee charged to the solid waste fund. Mr. Groover asked Ms. Hudson the percentage of the $363,718 that is associated with the DPW transfer station. She replied that it is a part but does not have the exact number. Wanda Doyle made a motion to approve. Paul Wolff seconded. Vote was unanimous. Budget adjustment 2012. Ms. Hudson stated this is the final budget adjustment for FY 2011-12 which needs to be included in the audit report. She is requesting an increase in the general fund balance from $9,696,598 to $11,551,456.26. Ms. Fox stated that the accounts in question are all revenue accounts and questioned if all the department accounts are in budget. Ms. Hudson confirmed. She went on to explain her adjustments to the hotel/motel fund as additional funds were collected; SPLOST fund which includes a transfer from the general fund; and an increase to the solid waste fund. Jan Fox made a motion to approve. Wanda Doyle seconded. Vote was unanimous. Budget adjustment 2013. Ms. Hudson requested approval to amend the FY2013 operating budget. This will change the budget from $9,980,617.50 to $10,010,433.36 as monies were received from the Tybee Post Theater. She is also increasing the general fund by $18,093.44 as the revenue and expenditure budgets were out of balance. There will also be transfers within the DPW budget associated with Department of Transportation and finally a correction with the water and sewer fund due to a purchase that was not received in the same fiscal year as budgeted. Wanda Doyle made a motion to approve. Paul Wolff seconded. Vote was unanimous. Accept grant award from GDOT. Ms. Hudson stated that Mr. Wilson, Director of DPW, applied for a DOT grant and a grant award has been received. Wanda Doyle made a motion to approve. Paul Wolff seconded. Vote was unanimous. Enter into GEFA Agreement for $850,000 (loan) for AMR. Ms. Hudson stated that in December 2012 she applied for a loan with GEFA to cover the cost of an AMR which is a water meter system. The closing costs are $8,500 which can be paid in installments over a twelve month period and the interest rate is 1.8%. She further explained that the City would not require all this funding as an RFP came in under budget ($500,000). Mayor Buelterman asked Ms. Schleicher if the City has exhausted all options prior to committing to this project. Ms. Hudson explained that she has not responded to GEFA as they require a budget from the City prior to putting the loan documents together. Ms. Schleicher stated that traditionally the water/sewer department has been able to budget approximately $.5M of capital improvements per year and suggested that instead of doing upgrades to the waste water treatment plans, those funds could be used to pay for the new system. Mayor Buelterman again asked if this upgrade is required. Mr. Wolff responded that there are quality equipment issues as replacement parts cannot be located. With the bids that have been received, there is a warranty period of 20 years. Ms. Doyle asked Mr. Wolff the recommendation of the Infrastructure Committee. Mr. Wolff stated that the preferred company quote was $650,000. Mr. Groover recommended that the decision be deferred until April 11, 2013 city council meeting. Deferred to April 11, 2013 city council meeting. Reports from Staff: continued: Woody Hemphill approached mayor and council to present the River's End Campground financial report through February 13, 2013. He stated that the revenues have increased 2% from February 2012. Ms. Fox asked Mr. Hemphill when the rate change went into effect. He stated March 1, 2013. Mr. Hemphill further explained there is a plan for the WI-FI at the campground as there have been issues. Lindsay Fruchtl, Tybee Tourism Council, and her staff approached mayor and council to present their 2013 Business Plan. She introduced the board of directors for the Tybee Tourism Council and explained her topics for discussion which included hotel/motel tax, 2013 Key Initiatives, visitybee.com, Community Outreach, the Tybee Island Visitor Center, 2013 Vacation Planner and special events. Ms. Fruchtl also introduced Heather Gordon who recently joined their staff. The following quarterly reports were included in the packet but did not present: • Chantel Morton, Better Hometown, Quarterly Report • Sharon Shaver, Business License Quarterly Report, "How To": Last Quarter 2012 Business License Report and "How to apply for licenses" • Denise Dubuque, Parking Services, Quarterly Report • Janice Elliott, Human Resources, Quarterly Report Citizens to be Heard Russell Bridges approached mayor and council to discuss private parking lots in residential areas. Mr. Bridges stated that he is before mayor and council on behalf of the four residential parking lot owners that have gone through the annual approval cycle. He explained that the owners continue to receive resistance from mayor and council by imposing additional restrictions which include days of operation. He requested that mayor and council restore the days of operation to include Memorial Day through July 4th holiday as well as the pre-approved dates of Labor Day weekend. Mr. Groover stated he feels there could be an issue with lifeguard protection on 10th Street which is in close proximity to his private parking lot. If additional lifeguards were added, there would be an increase in the budget. Mayor Buelterman asked Mr. Hughes to comment on this request. Mr. Hughes stated this would need to be treated as a request to revisit the applications received for this calendar year. If mayor and council were inclined to do this, there would need to be a public hearing of the current ordinance. Ms. Doyle asked Ms. Otto if the ordinance would be on the agenda for April 11, 2013. Ms. Otto confirmed as it was recently heard at the recent Planning Commission Meeting. The vote was to deny the removal of the grandfathering of the four R-2 lots. Ms. Doyle asked Mr. Bridges if he has a specific number of days that they would like to be operational. He responded they would like the weekends in June and July as they are peak. Mr. Wolff stated feels there is more of a public safety issue if mayor and council continue to limit the days of operation. He would suggest mayor and council revisit the ordinance. Mr. Hughes stated there is not sufficient time to advertise a public hearing pertaining to these permits. Mr. Brown stated he is not in agreement of the placement of meters in front of Mr. Bridges home. Mr. Bridges agreed. Pam O'Brien approached mayor and council to discuss her concerns with a FEMA violation, north end community character map, and Tybee Oaks noise violations. She addressed the FEMA violation at #1 Lighthouse Lane. Ms. O'Brien expressed her concerns not only to the FEMA violation but also to the lack of communication from the city manager. She would ask for mayor and council's assistance in resolving these issues. Ms. O'Brien provided mayor and council with a handout which outlined her concerns (attached). She further stated her concerns with the non-response of the City Manager, Diane Schleicher. Mayor Buelterman asked Ms. Otto the status of the community character map. Ms. Otto stated the recommended rezoning of the Eagle's Nest lots will be before mayor and council at the April 11, 2013 city council meeting. The next targeted area will Laurel Avenue followed by North Wave. She further explained that after the rezoning's are addressed, the zoning map will be updated and adopted. Ms. Otto stated the comparison of that zoning map to the community character map should be completed in the fall of 2013. Mayor Buelterman asked Mr. Groover that status of the noise at Tybee Oaks. He replied that he monitors the noise level from Huc-a-poos every weekend and Mr. Thomas is within the noise ordinance 95% of the time. Mr. Groover continued to explain that if the noise over 60 dB's he notifies the Tybee Island Police and they dispatch an officer. He also feels there is noise other than Huc-a-poos at 2:00AM which comes from golf cart traffic on Solomon and Laurel Avenues. Mr. Groover continued to explain that Mr. Thomas is working hard to improve the situation relating to noise and has made vast improvements since last year. This continues to be a work in progress. Mayor Buelterman thanked Mr. Groover for his hard work concerning the noise ordinance. Mayor Buelterman then asked Ms. Otto the status of the FEMA violation at Lighthouse Lane. Ms. Otto explained that she last spoke with the owner of the property some time ago and the home is currently rented but not the ground level apartment. It is her understanding that the property is in foreclosure and will contact the owner for verification. Mayor Buelterman asked Ms. Otto to follow-up with Ms. O'Brien as well as mayor and council. She confirmed. Ms. Otto explained the history of the home which preceded her time with the City. Keith Gay approached mayor and council and asked for clarification regarding WastePro. Mayor Buelterman explained that it was discussed at the Consent Agenda Meeting and it is the desire of mayor and council to conduct a survey of the residents on the Island regarding side yard pickup, once a week trash pickup and recycling pickup. The survey will be available on the website for three weeks at which time it will come back before mayor and council for discussion on April 28, 2013. Mr. Gay left a petition for the record (attached). Monty Parks approached mayor and council to speak on the agenda item regarding service of the city manager. Two topics of discussion were insufficient cause for dismissal and plan should a dismissal motion carry (attached). Linda Gladden approached mayor and council to speak in support of City Manager, Diane Schleicher. She read from a prepared statement (attached). Freda Rutherford approached mayor and council to discuss Tybee finances. She gave a short presentation and read from a prepared statement (attached). Janet Rutledge approached mayor and council to speak in support of City Manager, Diane Schleicher. Bill Roelle approached mayor and council to speak on the ongoing events on Tybee Island. Samantha Clair approached mayor and council to speak in support of the City Manager, Diane Schleicher. Ms. Clair also spoke against Mr. Groover. Mayor Buelterman asked Ms. Clair not to make her comments personal. David Birdwell approached mayor and council to speak in support of City Manager, Diane Schleicher. He read from a prepared statement (attached). Donald Cowart approached mayor and council to speak in opposition of City Manager, Diane Schleicher Consideration Local Requests and Applications — Funding, Special Events, Alcohol License • Special Event Consideration (conceptual site plan approval requested only); Tybee Island Pirate Fest, October 11-13, 2013; 14th - 16th Street parking lots and beach area (site plans included in packet). Mayor Buelterman recommended that the organizers of this event meet with the business owners on Tybrisa and the Strand to discuss any issues that they might have. Lindsay Fruchtl, Tybee Tourism, agreed. Deferred until April 11, 2013 city council meeting. Consideration of Bids, Contracts, Agreements and Expenditures • WastePro proposal for once a week solid waste pickup and once a week recycling pickup — Proposal included Island wide side door pick up costs — WastePro' s notice of a 1.6% rate CPI rate CPI increase effective March 27, 2013. WastePro has agreed to the City receiving 100% of recycling rebates @$10/ton. Discussion: Ms. Doyle asked if the City is going to do some sort of survey to determine the thoughts and wishes of the residents. Ms. Schleicher stated that she is looking for direction from mayor and council as to the questions they may want to ask the residents. Ms. Doyle stated she was asking that question now as if mayor and council decided to proceed with a survey there would be no vote on this agenda item. Mayor Buelterman stated there is a petition circulating regarding side door and once a week pickup. He asked council if they are in agreement with a survey such as Survey Monkey. Mr. Groover asked Ms. Schleicher when the contract with WastePro expires. Mayor Buelterman explained the City committed to a certain time frame which allowed the City to receive free carts. If we do not fulfill the obligation there will be a charge for the carts. Mr. Wolff suggested that the City move forward with doing a survey that would include: side door pickup at $4.85 per residence; Island wide $15.00, house to house individually; once or twice pickup being very specific with the costs; and give an itemized list of services and related costs. The survey would be available for three weeks. Mayor Buelterman agreed and would like the results to be on a future agenda. Ms. Schleicher stated that the survey will be sent to mayor and council prior to it being available to the residents. Deferred to future council meeting. Paul Wolff made a motion to approve the consent agenda. Bill Garbett seconded. Vote was unanimous. Consideration of Ordinances and Resolutions • First Reading, 12-2013, Sec 6-8, Consumption of alcoholic beverages in public areas. Mr. Hughes explained this is before mayor and council due to a recent conversation over the lack of clarity associated with this ordinance relating to which type of container is permissible. He stated this includes cans, non-glass cups and non-breakable containers with the capacity of less 25.4 fluid ounces and in essence does not change anything as it has been the practice for glass to be prohibited. Ms. Doyle asked Mr. Hughes if this ordinance would include parks. He confirmed. Mr. Brown asked Mr. Hughes if this could not be simplified by only stating plastic cups rather than cans, non-glass cups and non-breakable containers as he is not in favor of beer cans in public places. Mr. Groover stated that he is not in favor of beach goers being allowed to carry cans in public. Mr. Hughes and Mayor Buelterman both confirmed that current practices allow cups. Mr. Groover stated that this ordinance has been on the books since 1983 and he does not see the reason to allow beer cans in public and is in support of cups. Mr. Wolff is in favor of the use of cans as they are easier to carry while riding a bicycle. Mayor Buelterman asked Mr. Hughes the state law is concerning drinking while riding a bicycle. Mr. Hughes responded nothing if you are not under the influence. You can be convicted of riding a bicycle under the influence but it is not a violation of the open container law. It is although a violation if you are in a golf cart. Mr. Garbett stated the law that mayor and council are trying to replace is Sec 6-8 which states it is unlawful to drink any intoxicant from a can, bottle or glass and he would like to delete this section entirely as it is not enforced. He further stated that he used the open beverage law from the City of Savannah as an example. Mr. Groover would suggest the language be changed to just allow plastic cups. Mayor Buelterman feels this would create more litter on the beach. Mr. Groover again stated that he is not in favor of cans on the beach or streets of Tybee Island. Bill Garbett made a motion to approve as written. Paul Wolff seconded. Voting in favor were Paul Wolff, Jan Fox, Wanda Doyle, and Bill Garbett. Voting against were Tom Groover and Barry Brown. Motion carried 4-2. • First Reading, 13-2013, Sec 42-3, Prohibited beverage containers in public areas. Mr. Hughes stated that this is not limited to alcohol as glass is not allowed on the street. Bill Garbett made a motion to approve as amended by striking "or for other purposes". Paul Wolff seconded. Voting in favor were Paul Wolff, Jan Fox, Wanda Doyle, Barry Brown and Bill Garbett. Voting against was Tom Groover. Motion carried 5-1. Council, Officials and City Attorney Considerations & Comments • Jason Buelterman o Allocate funds for median improvements. Mayor Buelterman explained that it is his desire to have the areas in the median, as you come on the Island, replanted. A budget adjustment would result and he would suggest the funds be taken from contingency. Ms. Doyle requested clarification on what type of plantings would be used, who would plant and would be ultimately being responsible for the upkeep. Ms. Schleicher responded it would be the responsibility of DPW. Mayor Buelterman stated he would like that area to be consistent with the other median strips. He recommended that the amount be $800 and that Ms. Doyle work with Ms. Schleicher and DPW for this project. Paul Wolff made a motion to move $800 from contingency to DPW for the sole purpose of improving the area of the median as referred to by Mayor Buelterman. Wanda Doyle seconded. Voting in favor were Paul Wolff, Tom Groover, Jan Fox, Wanda Doyle, and Bill Garbett. Voting against was Barry Brown. Motion carried 5-1. o Develop consistent standards/template for city signage. Mayor Buelterman requested that we have consistent sign standards as other communities. He would recommend that Better Hometown come up with a template for the signs on the Island. Mr. Wolff agreed and would suggest the Better Hometown research and find a multi-purpose sign that would accommodate four or five signs. Given to Better Hometown for research. • Bubba Hughes o Charter — Mr. Hughes requested that mayor and council send any questions and/or concerns to him as it will be easier to address. Ms. Doyle suggested it would be better addressed at an upcoming city council workshop. o Municipal Court Probation Services. Mr. Hughes explained that currently Tybee Island has no probation service and Judge Scheer has conflicted himself out of this decision as it is a decision that must be made by the Court. Judge Gnann, Pooler, as agreed to step in as Judge Scheer was not comfortable as one of the services has offered his son a job which might cause a conflict. Chief Bryson has contacted Southeastern Probation Services and they are ready to begin work. Mr. Hughes received a contract but has issues with the language. Until the contract is executed, Southeastern Probation Services will accept a Letter of Understanding and will be available for the upcoming court date. Ms. Doyle stated this was discussed at the recent Public Safety Committee meeting and it is their recommendation to move forward with Southeastern Probation Services. Wanda Doyle made a motion to authorize Mr. Hughes to send an appropriate letter to Southeastern Probation Services to begin services with the City and to develop an appropriate contract. Paul Wolff seconded. Vote was unanimous. o Public Safety Building, contract with the architect. Mr. Hughes stated that his office has been working with the architect, Greenline, and there are still some details that need to be addressed. He further explained that at the Public Safety meeting that afternoon the method of delivery was discussed, whether it would be hard bid to pre-qualify contractors or more in the nature of construction management with at risk to the manager and a guaranteed maximum price. He would suggest the latter. Ms. Doyle stated it is the desire of the Committee that Greenline provide a schedule of when the design will be completed which will be incorporated into the contract. The Committee is also in agreement to go forward with the construction management at risk model. This would require pre- qualification of a construction manager in order to begin the process. Wanda Doyle made a motion to approve the Method of Construction Management at Risk Model toward the building of the Tybee Island Public Safety Facility. Paul Wolff seconded. Discussion: Mr. Wolff would like clarification regarding the choice of sub-contractors as chosen by the construction manager. Ms. Doyle confirmed. Vote was unanimous. • Diane Schleicher o 3rd of July Parking Enforcement Proposed Policy for 2013. Mayor Buelterman stated he was in agreement with the policy with the condition that there is clarification the policy of parking in rights-of-way in front of resident's homes. He further explained that there needs to be a commitment from mayor and council on this policy as residents need clarity. Mr. Brown confirmed that it is the intent of this policy to prohibit beach goers from parking in front of residents blocking driveways in the rights-of-way. Mayor Buelterman responded he is agreement with the enforcement policies that are delineated in the agenda packet for the 3rd of July as long as the remainder of the calendar days is enforced in a logical manner. Mr. Garbett responded that there are choices; beach goers are allowed to park in the City's rights-of-way, prohibit parking in the City rights-of-way or residential parking only. Mayor Buelterman clarified that the only date before mayor and council is the 3rd of July 2013 and would entertain it coming back for consideration at a future meeting. Mr. Brown stated that his recommendation would be to allow beach goers to park in designated spaces only. Paul Wolff made a motion to approve. Wanda Doyle seconded. Discussion: Mr. Groover would like confirmation that the only change would be beach goers would not be allowed to park in landscaping. Ms. Schleicher confirmed as did Mr. Garbett. Mr. Groover asked Ms. Schleicher if barricading would be allowed. She confirmed. Voting in favor were Paul Wolff, Jan Fox, Wanda Doyle and Bill Garbett. Voting against were Tom Groover and Barry Brown. Motion carried 4-2. o Proposed improvement by DPW of parking spaces in city rights-of-way on Lovell Avenue — south of the City well behind Ms. Jolly property which is behind Stingrays & Fat Tire Bikes. This will create 6 legal parking spaces. Parking Committee recommended at the March 12, 2013 meeting 3-0 to the city council this parking improvement be made and to sign the area, "decal only". Ms. Schleicher stated that this has been before the Parking Committee for their recommendations previously. She explained that the employees from Sting Rays park in that area and the problem is the parking spaces are not legal in as much as they are not long enough. The Parking Committee recommended the property owner be contacted, have the spaces comply with the dimensions as outlined in the Code and sign them as decal only. Mr. Garbett stated that these are spaces are currently being used, not adding any spaces, but officially designated as decal only parking spaces. Mr. Brown asked Ms. Schleicher who contacted the property owner, Ms. Jolly. Ms. Schleicher stated that Sharon Shaver spoke with her. Mr. Brown responded that Ms. Jolly did not understand the questions that were asked. He then stated if Ms. Schleicher is going to do this then it needs to continue down Lovell to Ms. Bramble and Ms. Prescott's property and meter those yards. Mr. Garbett explained that this area is immediately adjacent to a commercial area and the intent is to accommodate a local business. Mayor Buelterman read a letter from Ms. Jolly opposing the changes as outlined in this agenda She further wrote that she would like the telephone poles in front of her home not be disturbed. Ms. Doyle stated that she is opposed to moving forward with this request until someone visits Ms. Jolly and speaks to her, face to face. In that way she will understand the issue at hand. Ms. Schleicher will arrange a meeting. Deferred to future city council meeting. • Barry Brown — Confirmation of transfer of funds to proper line items, i.e., beach re-nourishment, SPLOST, DPW surplus, Greenspace, etc. Mr. Brown explained his concerns with the transfers as before mayor and council are put in the correct accounts. No action taken. • Paul Wolff, Beach Task Force Recommendations. Mr. Wolff stated that members of the Beach Task Force would like several proposals brought to the attention of mayor and council. The first, getting a cost for putting sand on north beach around the river side which is not included in the federal project; second, to identify regular funding streams for a dedicated re-nourishment fund; and thirdly, the Beach Management Plan (BMP) which has been updated, being more specific to the guidelines for moving sand between re-nourishments. The Beach Task Force recommends the City draft a proposal to the Department of Natural Resources (DNR) to receive guidelines for moving sand between re- nourishments which has been on ongoing struggle. Ms. Doyle stated that moving sand between re-nourishments was incorporated in the BMP. Mr. Wolff stated that the BMP has not been approved by DNR and a permit will be required for the movement of sand. Mr. Groover stated his concern with the north beach area is that the sand is different from the main beach. Beach quality sand is not required and would like to know the possibility of taking river sand to put on that portion of the beach. Mayor Buelterman concurred. Mayor and council to research recommendations as presented. • Tom Groover - Status of City Manager. Mr. Groover asked Mr. Hughes for clarification regarding his memorandum on how to continue procedurally. Mr. Hughes stated that if it is his intentions to make a motion dealing with the city managers status, before the motion is made and seconded, he would ask mayor and council to ask Ms. Schleicher to address them if she wishes. He further explained that there could be an executive session and/or Ms. Schleicher could address mayor and council. Mr. Hughes stated that if a motion is to be made adverse to Ms. Schleicher's employment, she has requested an opportunity to address mayor and council prior to a motion being made and seconded. Ms. Schleicher addressed not only Ms. O'Brien's but Mr. Cowart's comments as well. She then read from a prepared statement (attached). Mr. Brown asked Ms. Schleicher to remark on Ms. Rutherford's presentation as there seems to be no change in the method of operation regarding the City. He stated that he was elected to work to the best of his ability to get the finances in order and the City back in shape. His constituents feel as though they have not been represented very well. He also stated that there were no business owners speaking on her behalf tonight and wants her to know this is not personal but the business owners do not feel they are being treat fairly. He continues to have concerns over the ability to manage the City's money. Mayor Buelterman then asked Mr. Groover if he could speak. Mr. Groover agreed. Mayor Buelterman than gave a short presentation on the accomplishments of the city manager (attached). There ensued a short discussion between Mr. Groover and Mayor Buelterman where Mayor Buelterman stated in the interest of team work he has tried to his very best to work with everyone. Mayor Buelterman thanked Mr. Brown for his contributions with the 14th Street project and invited Mr. Groover to work with him with the upcoming beach re-nourishment as he is very knowledgeable. In addition, Mayor Buelterman thanked Ms. Fox for her excellent job performance when she was the City's finance director. He asked that council start to work together in the future. Mr. Groover stated that he would like to rebut the mayors and city manager's statements. He then questioned the larger fund balance pre 2008 as stated by the mayor. Mayor Buelterman confirmed and Mr. Groover challenged his statement. A heated conversation began and Mr. Groover stated that if the mayor was going to interrupt him, the meeting should be concluded. Mr. Groover then made a motion to adjourn. Wanda Doyle seconded. Vote was unanimous. No action taken. Meeting adjourned at 10:45PM