Council Meeting March 14, 2019

City Council Minutes, March 14, 2019 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on March 14, 2019. Those present were Monty Parks, John Branigin, Wanda Doyle, Barry Brown, and Shirley Sessions. Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; George Shaw, Director, Community Development; Angela Hudson, Finance Director; and Janet LeViner, Clerk of Council. Julie Livingston was excused. Mayor pro tem Brown listed the following items on the consent agenda:  Minutes, City Council Meeting, February 28, 2019  Out-of-State Travel, Jason Buelterman and Shawn Gillen, June 18 - 19, 2019, Washington, DC  Out-of-State Travel, Joel Fobes, Axon Accelerate 2019 Conference, Phoenix, AZ, April 28 - May 2, 2019.  Out-of-State Travel, Jan LeViner, Birmingham, IIMC Conference, May 18 - 22, 2019  Out-of-State Travel, Todd Smith, March 21 - 24, 2019, Michigan, Inspect the Emergency Mobile Command Vehicle  Out-of-State Travel, Jamey Rabun - May 7 - 9, 2019, Orlando, FL. Florida State Association of RV Parks and Campgrounds  Out-of-State Travel, Melissa Freeman, April 17 - 19, 2019, Kissimmee, FL, Public Procurement Training  The purpose of this agenda item is to seek the City Council’s approval to amendment the General Fund’s fiscal year 2018-2019 operating and capital budget by re-allocating $46,163 from the Public Works Administration’s budget to Storm Water Management’s budget in order to pay the contract with EOM for a storm water management employee through June 30, 2019.  Approve proposal and award project to Korkat for shade system at Jaycee Park. $75,663.84. Line Item 322.6210.54.1100. Discussion: Mayor Buelterman expressed his concerns with the posts being wrapped for safety issues. Ms. Doyle confirmed there would not be any safety issues. Mayor Buelterman asked Dr. Gillen to follow-up with Haley Hill regarding wrapping the poles at the playground in Memorial Park.  Approve proposal and award project to Korkat for playground surface at Jaycee Park. $97,015.00. Line Item 322.6210.54.1100. Discussion: Mayor Buelterman asked if this is the same material as used in Memorial Park. Ms. Doyle confirmed.  River's End Campground, Quote, Bathhouse, $212,238.76. Discussion: Jamey Rabun approached Mayor and Council. $212,238.76 is only the structure itself and the total quote to include HVAC is $292,000.  To request that the City Council approve a change order to the contract with Thompson Engineering for $4,050 to perform a structural analysis assessment of the wireless cell phone equipment located on the City’s water tower at 111 Butler Avenue. Line Item: 505.1512.52.1300  Approval of AXON In-Car Camera System, TIPD. Four year lease program. Line Item: 322-3210-54-2100, SPLOST 2014, only first year payment of $21,903.49. Monty Parks made a motion to adjourn to Executive Session to discuss Real Estate. John Branigin seconded. Vote was unanimous, 5-0. Monty Parks made a motion to return to regular session. Barry Brown seconded. Vote was unanimous 5-0. 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, Clerk  Pledge of Allegiance Invite Guests Dr. Kennedy O'Kere, Founder of Horizon International Medical Mission, approached Mayor and Council. Dr. O’Kere thanked everyone for the opportunity to speak on the Medical Mission. He continued to explain the Medical Mission and by the City collecting glasses gives people the ability to see. Dr. O’Kere then showed a short presentation showing what the City has done for our sister city. Mayor Buelterman thanked Dr. O’Kere and Ms. Pearce. Wanda Doyle made a motion to approve the consent agenda. Monty Parks seconded. Vote was unanimous, 5-0. Public Hearings Approval of Private and Residential Parking Lots. John Salter approached Mayor and Council asking them not to approve the private parking lot at 1001 Butler Avenue. This is due to trash and the over saturation of beach goers in that area. Mayor Buelterman thanked Mr. Salter. Mayor Buelterman read a letter from Bobby and Sheila Phillips speaking in opposition of the private parking lot at 1001 Butler Avenue and asked additional restrictions be put in place. Mayor Buelterman read a letter from Vincent Ferraro, 13 10th Street asking Mayor and Council not to approve the private parking lot at 1001 Butler Avenue. Russell Bridges approached Mayor and Council to speak in favor of his request at 1001 Butler Avenue. Mr. Bridges stated there have been no complaints, no police calls and no incidents at his parking lot. Marianne Bramble, Joyce Prescott and Russell Bridges approached Mayor and Council. Each spoke in favor of their individual private parking lots. Monty Parks made a motion to approve all residential parking lots. Wanda Doyle seconded. Discussion: Mayor Buelterman recommended each parking lot be handled individually with six motions. Ms. Sessions agreed. Monty Parks withdrew his motion. Wanda Doyle withdrew her second. Monty Parks made a motion to approve the Sunrise Parking Lot. Wanda Doyle seconded. Vote was unanimous to approve, 5-0. Monty Parks made a motion to approve the Ocean Plaza Beach Resort Parking Lot. Wanda Doyle seconded. Vote was unanimous to approve, 5-0. Monty Parks made a motion to approve the Bramble Family Parking Lot. Wanda Doyle seconded. Voting in favor were Monty Parks, John Branigin, Wanda Doyle and Shirley Session. Voting against was Barry Brown. Vote to approve, 4-1. Monty Parks made a motion to approve the Renee Bridges Parking Lot. Wanda Doyle second. Voting in favor were Monty Parks, John Branigin and Wanda Doyle. Voting against were Barry Brown and Shirley Session. Vote to approve, 3-2. Monty Parks made a motion to approve the Joyce Prescott Parking Lot. John Branigin seconded. Voting in favor were Monty Parks, John Branigin, Wanda Doyle and Shirley Session. Voting against was Barry Brown. Vote to approve, 4-1. Monty Parks made a motion to approve the Jack Rosenberg Parking Lot. Wanda Doyle seconded. Voting in favor were Monty Parks, John Branigin, Wanda Doyle and Shirley Session. Voting against was Barry Brown. Vote to approve, 4-1.  NOTE: Parking will include 32 days from Memorial Day to Labor Day, Saturday and Sunday only. This also includes July 3rd and 4th of July as they do not fall on a weekend. Ms. Doyle stated the City Marshalls are checking the parking lots for violations during the allotted hours of operation. Variance, 318 Polk Street right-of-way. Mayor Buelterman recommended approval as the Planning Commission also voting in the affirmative unanimously. Wanda Doyle made a motion to approve. Monty Parks seconded. Voting in favor were Monty Parks, John Branigin, Wanda Doyle and Shirley Sessions. Voting against was Barry Brown. Vote to approve, 4-1. Consideration of Bids, Contracts, Agreements and Expenditures Marine Science Center Change Order. Pulled from consideration Consideration of Ordinances, Resolutions Repeal and Readopt, First Reading, 2019-02, Sec 42-66, Fireworks. Mr. Hughes stated the current ordinance is amended so it clarifies the time and provides fireworks may lawfully be used from 10:00AM to 11:59PM. He continued to explain the changes as outlined in the proposed ordinance. Mayor Buelterman confirmed the City is being as restrictive as State Law will allow. Mr. Hughes confirmed. Mayor Buelterman asked Dr. Gillen to work with Staff to develop a press release to send on March 29, 2019 or shortly thereafter to make everyone aware of the changes to the ordinance to include the fine information up to $1,000. Dr. Gillen confirmed. Wanda Doyle made a motion to approve. John Branigin seconded. Vote was unanimous to approve, 5-0. Repeal and Readopt First Reading, 2019-05, Sec 22-110 and 22-112, Noise. Mr. Hughes stated the City will use the noise ordinance to control the use of consumer fireworks and must advertise and adopt the noise ordinance after the advertisement. This is for the first reading and repeal of the existing noise ordinance which would not apply to fireworks and immediately readopt it so that it will apply to fireworks. Mr. Hughes confirmed the proposed ordinance is identical to the existing ordinance. John Branigin made a motion to approve. Wanda Doyle seconded. Vote was unanimous to approve, 5-0. Council, Officials and City Attorney Considerations and Comments Preliminary consideration of potential conveyance of portion of right-of-way, 1 Moore Avenue. Mr. Hughes made reference to the plat provided by Mr. Yellen (attached). He stated the petitioner is proposing a boundary line agreement with a mutual conveyances so the City acquire adequate right-of-way to protect the ability to maintain the travel portion of the road. Mayor Buelterman confirmed that would be preferable to conveyance of a portion of the right-of-way. Mr. Hughes responded it would include a possible conveyance of a portion of the right-of-way. Ms. Doyle asked for a clarification of parcels “A”, “B”, “C” and “D” as depicted in the packet. Mr. Shaw stated parcel D is parallelogram that is in dispute. The petitioner is claiming it is part of their property and the City believes the property was never properly transferred. He continued, parcel C is currently the City right-of-way that the petitioner would like to acquire in agreement where the City would take parcels A and B relinquishing any rights the remainder of parcel D and then parcel C would go to the petitioner. The petitioner is claiming parcel A is currently theirs, the City claims ownership. A discussion ensued regarding the possibility of a variance in the future as the lots would be considered sub-standard lots of records. Mr. Branigin recommended Mr. Hughes to meet with Mr. Shaw and Mr. Yellen for recommendations and bring back to Mayor and Council. Wanda Doyle made a motion Mr. Hughes meet with Mr. Yellen, Mr. Shaw and Dr. Gillen and bring back an agreement to Mayor and Council for consideration. Monty Parks seconded. Vote was unanimous to approve, 5-0. Monty Parks made a motion to adjourn. John Branigin seconded. Vote was unanimous, 5- 0. Meeting adjourned at 8:15PM. ______________________________ Janet R. LeViner, CMC Clerk