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HomeMy Public PortalAbout050_010_Minutes20130822 City Council Minutes 20130822 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on August 22, 2013. Those present were Mayor pro tern Wanda Doyle, Paul Wolff (via telephonic conference), Torn Groover, Jan Fox, Barry Brown and Bill Garbett. Also attending were Diane Schleicher, City Manager; Dana Braun and 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, July 11, 2013 — as amended • City Council Minutes, August 8, 2013 — as amended • Lisa Callahan, Beach Task Force • Mallory Pearce (reappointment) and Dr. Daniel Lockwood, Community Resources Committee • Alcohol License Request — Special Event — Beer and Wine, Critz Tybee Run Fest, January 31 — February 1, 2014 • Special Event Consideration: Critz Tybee Run Fest 2014 (January 31 — February 1, 2014) North Beach (Meddin) parking lot, 16th Street parking lot, race routes detailed in application • Special Event Consideration: Kids Triathlon (September 14th 6:00 — 11:00AM) Alley 3, bike/run/route included in submitted application. Tybee YMCA • Special Event Consideration: Tybee Martin Luther King Parade and Human Rights Celebration (January 11, 2014; 3:00PM) Route: 14th Street beach front parking lot — Tybrisa — Butler — 5th Street, Tybee MLK Committee • Consideration of Agreements: Letter of Request for becoming a Certified Local Government. Discussion: Jan Fox requested the section "Title" needs to be renamed "Permit Application" rather than "Demolition and Relocation Permit Application". Mr. Branch confirmed and stated it would be changed per her request and brought back before mayor and council for approval. • To obtain the City Council's approval to accept a $31,054.98 LMIG Grant from the Department of Transportation that requires at 30% match of $9,317 from the General Fund's FY 2013-14 Capital Budget and amend the General Fund FY14 Revenue by an increase of $6,055 and the Public Work's Department's capital expenditure budget by an increase of $7,872 • Request out-of-state travel for Woody Hemphill to attend the 2013 Florida Recreation and Parks Conference in Orlando Florida, August 26 — 30, 2013. Budget Line item 100-6180-52-3500. Page 1 of 10 Wanda Doyle made a motion to adjourn to Executive Session to discuss litigation and personnel. Bill Garbett seconded. Vote was unanimous. Bill Garbett made a motion to return to regular session. Wanda Doyle seconded. Vote was unanimous. 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: Report of Staff, Boards, Standing Committees and/or Invited Guests Butch Widdon, CPA, Baird, approached mayor to give a report on the FY 2012 Audit. Mr. Widdon read from the Statement of Auditing Standards 115 Report which summarizes the audit and details any significant audit findings. He explained the differences from this year's financial statement where an additional fund was included, River's End RV Park. In the previous year this was included in the general fund. This was determined by the Audit Committee, mayor and council, accountant and consultant the fund should have been reported as an Enterprise Fund. Mr. Widdon then asked mayor and council to direct their attention to page one of the Independent Auditor's Report, third paragraph where he read: "In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information of the City of Tybee Island, Georgia as of June 30, 2012, and the respective changes in financial position and cash flows, were applicable, therefore and the respective budgetary comparison for the General Fund, Emergency 911 Fund, and the Hotel/Motel Tax Fund for the year then ended in conformity with accounting principles generally accepted in the United States of America." This is a clean opinion and important. He further explained that there is an additional letter that was prepared and by doing this the audit is now a government audit, Yellow Book Audit. His firm is required to test internal controls and compliance during the audit. He reported that were some internal control instances but they have been corrected. Mr. Widdon stated the third thing his firm does is a Schedule of Findings which summarizes the audit opinions. Mr. Brown then requested Mr. Widdon explained "prior adjustments". Mr. Widdon responded those are adjustments where the prior fund balance was adjusted in as many as 57 times, five of which were prior period adjustments as outlined in their report. He went on to explain the financial statement and the differences in government reporting. Mr. Widdon clarified the different statements; Entity Wide Financial Statements and Fund Statements. Entity Wide, funds are consolidated showing full accrual where Fund Statements do not show long-term Page 2 of 10 debt and capital assets. Overall he reported the City is in a good financial position. Ms. Doyle asked Mr. Widdon to explain the timeline for the next audit that has been agreed upon between his firm and Ms. Hudson, Finance Manager. He responded that he was not sure the October 14, 2013 date for field work would be met as his firm is awaiting trial balances and certain items prior to them arriving at Tybee Island. Mayor Buelterman stated that the City needs to adhere to the schedule so the audit can be completed. Ms. Doyle confirmed and would like to ensure that the schedule is agreeable to the finance director and her department. Ms. Hudson confirmed. Ms. Doyle has another concern, the time charged for the engagement in the excess of $120,000. The engagement was bid for $14,800 and was told his firm would be compensated for certain additional work. His recommendation would be to have a meeting with the Diane Schleicher and discuss the billable hours and bill at a lesser rate. Ms. Doyle then confirmed with Ms. Schleicher that she would meet with Mr. Widdon. Ms. Schleicher requested a copy of the memorandum (attached) that Mr. Widdon forwarded to mayor and council. Mr. Brown requested Mr. Widdon explain the increase in the billable hours regarding the original scope of work. Mr. Widdon stated it was related to preparing the financial statements as his firm received adjustments to the financial statements in May of 2013. Mr. Groover confirmed with Mr. Widdon that when his firm was engaged, they realized there were problems. Mr. Groover requested that Mr. Widdon explain why his firm continued to work on the audit if they knew there were issues. Mr. Widdon responded they were able to get to ending balances which were reported to the Audit Committee and felt his firm had completed adequate field work at that time with the audit adjustments being made for prior year that it would come forward. The State provided different numbers which required additional work. Mr. Groover stated his biggest concern is that the City follows the GAAP Sequence and if this is adhered to, the audit should be completed within the prescribed timeframe. He would ask Mr. Baird for milestones in the audit process which would be a checklist for items due. Mr.Groover requested intermediate milestones from Baird. In this way, the City can provide Baird with paperwork necessary for the next step in the audit process. Mr. Widdon stated that his firm provided reports to the Audit Committee to keep the City informed on the status of the audit. He stated he has provided the City with a PBC (prepared by client) List which is a list of items that are needed for the audit. If this is followed, again the audit should be completed on schedule. Mr. Groover again expressed his concerns with the critical path to complete the audit. Mr. Widdon stated that when information required is not received; he will notify the City Manager so the audit does not slip. Mr. Groover confirmed. Mayor Buelterman requested Ms. Schleicher meet with Mr. Widdon to establish milestones for the audit and bring back to mayor and council. Ms. Doyle commended Ms. Hudson for her work with completing the audit as she has not let the City down nor does she expect her to. Ms. Fox asked Mr. Widdon at what date should the City expect to know if the State has accepted the audit and there no changes required. He responded that the State timeline is between a month and two months. He explained that the changes the State might have would not affect the current audit and if there are changes they would be minor. Ms. Fox then asked Mr. Widdon to explain the possible additional field work that Page 3 of 10 would be required since the River's End Campground is now in a separate fund. He responded that most of it has been completed. Mayor Buelterman thanked Mr. Widdon for his presentation. Mr. Widdon then asked that mayor and council review the additional fees and requested relief. Mr. Brown asked Mr. Widdon to explain who told him his firm would be compensated for the additional billable hours. Mr. Widdon responded it was the Finance Director and the Audit Committee. Jim Kluttz approached mayor and council to provide an update of the Tybee Theater. He reported there will be a fund raiser in the fall, Tybee Island Wide Yard Sale which will be on Saturday, October 19, 2013. Signups will be available for $25.00 which will put your name and location on a map that will be provided to visitors. He would also request residents having yard sales donate a portion of their proceeds to a non-profit on the Island. Mr. Kluttz discussed the probability of future events at the theater and the obstacles involved as the board does not want to go in debt if they are unable to pay the debt off. They are striving to obtain their Certificate of Occupancy as quickly as possible. He reported that the bathrooms and the air conditioner in the lobby area are complete and they are moving into the auditorium for work. Julia Pearce approached mayor and council to speak in favor of the Tybee MLK Parade and Celebration. Ms. Pearce invited all residents to join the celebration as it will be a wonderful celebration for our beloved community. Wonderful as Tybee sees the bigger picture, we see that we are all connected in what we do and in that we celebrate our differences. Differences in politics, wealth, sexual orientation, ages, physical mobility, and mental health. She further stated that we need to bring all our differences together to celebrate who we are, celebrating human rights. Ms. Pearce explained that Tybee Island Maritime Academy will participate in an essay contest and there will be prizes for the winners. Tybee Island is an inviting community, an inclusive community and we need to demonstrate that. Mayor Buelterman congratulated Ms. Pearce on her compassionate and eloquent appeal for an approved event. Angela Hudson, Finance Manager approached mayor and council stating, for the record, that she did not communicate to Baird & Company that the City would reimburse them for additional fees as she has no authority for this type of authorization. She explained that in January she contacted Mr. Widdon asking if the City would be charged for additional fees and his response was no. Maryanne Bramble approach mayor and council to speak on the removal of the regulatory fee for the private parking lots. Mayor Buelterman explained that he recommended the regulatory fee be removed for the upcoming 2014 renewal process. She would request that mayor and council consider adding additional days for private parking lots in a residential area for 2014. Mayor Buelterman stated this agenda item only pertains to the regulatory fee and not the dates of operations. Bobby McManus approached mayor and council to speak in favor of the Tybee MLK Parade and Celebration. Wanda Doyle made a motion to approve the consent agenda. Tom Groover seconded. Vote was unanimous. Page 4 of 10 Consideration of Bids, Contracts, Agreements and Expenditures To obtain the City Council's approval to transfer $25,000 from the Water & Sewer Fund FY 2013-14 Operating Budget to the Capital Budget. Mr. Garbett stated he is in favor of this agenda item but would like to charge the staff to look at the structure of the fleet as there are other economical vehicles available. He would like mayor and council have choices prior to making decisions. Wanda Doyle made a motion to approve. Barry Brown seconded. Discussion: Ms. Fox asked Ms. Schleicher to explain the transfer of $25,000 when the cost of the truck is only $21,000. Ms. Schleicher stated that the additional monies are to replace the diesel tank. Ms. Fox responded that would come from small equipment line item. Mr. Groover expressed his concerns over purchasing a truck for one employee to drive around the Island with diesel fuel to fill tanks as he feels there is a more economical solution. Ms. Schleicher responded the lift stations and wells are checked on a daily basis and this particular employee is responsible for this task. Ms. Schleicher stated she is not involved in operation and details for the schedule of filling the tanks on the generators. Mr. Brown asked Ms. Schleicher who would be responsible for the repairs on the new police vehicles when the warranty period has expired. She responded the City would be responsible for all maintenance. The City would also be responsible for the training of the mechanics. Mayor Buelterman confirmed with Ms. Schleicher that the vehicle being replaced is the vehicle that was destroyed in the recent fire on Silver. Ms. Schleicher confirmed. Mr. Groover asked Ms. Schleicher if the City has received insurance money for truck that was totaled. She stated it was minimal, $4,000 - $5,000, as it was the oldest vehicle in the fleet. Mr. Groover asked Ms. Schleicher if we needed to increase the amount to $25,000. Ms. Schleicher explained that the insurance money will be applied to the revenue line item rather than capital. Ms. Doyle amended her motion to ensure the correct amount; $20,929 is transferred from operating budget to the capital budget. Mr. Brown seconded the amended motion. Voting in favor were Paul Wolff, Wanda Doyle Barry Brown and Bill Garbett. Voting against were Jan Fox and Tom Groover. Motion carried 4-2. Public Hearings Site Plan Approval — 78 Van Horn; PIN 4-0021-05-002; Zone R-1/NEP; consideration of new public safety building; City of Tybee Island, petitioner. Ms. Otto approached mayor and council stating that the site plan approval was heard by the Planning Commission on August 20, 2013 and the vote was unanimous for approval. She further explained that this is a City project to construct a public safety facility adjacent to the current police department building. The site plan approval is before mayor and council without the normal required drainage plans being provided and it is anticipated that if the motion is to approve it is contingent upon staff approval Page 5 of 10 of those future plans. Doug Roberts, Greenline Architecture, approached mayor and council stating they are working closely with the City and have provided the function as needed and feels they have meet all the needs of the City. The drainage plan is in place and working out final details. He would ask for mayor and council to approve the site plan. Mayor Buelterman encouraged residents to contact either himself or the city manager with any questions or concerns so they may be addressed. Ms. Doyle explained that there are design meetings, every two weeks, and invites the public to attend. Freda Rutherford approached mayor and council to support the north beach location of the public safety building as it would be used as a command site during a hurricane. Mayor Buelterman stated that there was discussion after the site was selected but once it was researched it was found to be cost prohibitive to double as a command center. Ms. Schleicher added planning commission and city council meetings would be held in the court room of the new public safety building. Wanda Doyle made a motion to approve contingent upon the approval of a drainage plan. Bill Garbett seconded. Discussion: Mayor Buelterman requested Ms. Schleicher contact the Savannah Tree Commission in reference to the mitigation of the two oak trees at that site. Ms. Schleicher confirmed. Vote was unanimous. Consideration of Ordinances and Resolutions Second Reading, 26-2013-A — Section 4-050, District Use Regulations. Ms. Otto stated this agenda item was heard previously by mayor and council and it was their desire was to have all the uses for the maritime district listed under site plan approval rather than a few under site plan approval and the remainder with site plan approval and special review. She further stated that the revised ordinance reflects the changes with the addition of the water craft rentals. Mayor Buelterman stated that mayor and council need to ensure they carefully review Items A-R to make sure these are items they want approved. There was a short discussion and clarification regarding those items. Ms. Doyle asked Ms. Otto why these requirements wouldn't be applicable for Marina and Neighborhood Marina Districts. Ms. Otto replied that due to the discussion from the previous city council meeting, the special review is an added fee of $500 for the same process. Special review does allow the conditions to what the petitioner is requesting where with site plan, if it meets the Code, mayor and council would approve. Tom Groover made a motion to approve. Jan Fox 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. Second Reading, 27-2013 — Section 3-100; Beach, Dune or Vegetation Disturbance/Crossover Maintenance and Construction. Ms. Otto stated this is second reading of the proposed ordinance and when heard previously by mayor and Page 6 of 10 council there were no proposed changes. Wanda Doyle made a motion to approve. Jan Fox seconded. Discussion: Mr. Groover stated that at a previous city council meeting, mayor and council were asked to approve a crosswalk and would like clarification on how the proposed ordinance pertains to that particular crosswalk? Ms. Otto replied that research shows that prior to that time, Article 3 was in the process of being updated and the crosswalk was advertised and on the agenda as a public hearing. All subsequent meetings after that considered various sections within Article 3 did not receive separate specific public hearing notices as required by the Zoning Procedures Law. The position of the City was weak to defend itself for not having properly advertising and following the state law on advertising this particular section for the change that imposed the special review requirement. Mayor Buelterman recommended moving forward with this agenda item. Voting in favor were Paul Wolff, Tom Groover, Jan Fox, Wanda Doyle and Bill Garbett. Voting against was Barry Brown. Motion carried 5-1. Second Reading, 28-2013 — Section 9-050, Technical Codes. Paul Wolff made a motion to approve. Tom Groover seconded. Vote was unanimous. Second Reading, 29-2013-A — Section 3-070, Permissible Structures per Lot; Accessory Structures. Ms. Otto stated that changes have been incorporated for second reading. Those changes include the fee for the permit is reduced and if a request for an additional 30 days was received, there would not be a charge. She further explained that staff did include a change regarding the penalty matching other permits placards issued, which would be $25. Mayor Buelterman asked for clarification of the ordinance for first reading. Ms. Otto stated: (a) the approval of $15 for the initial 30 day permit and (b) no charge for the second 30 day period. Mr. Brown discussed the average time to construct a home which would not be doable with one 30 day renewal. Therefore, the pod would have to be removed after 60 days. Ms. Doyle has concerns with this proposed ordinance. Ms. Fox stated she does not feel pods are an issue on the Island; would recommend denial; and replace with nothing. Mayor Buelterman confirmed with Ms. Otto that is this was denied, residents would be allowed to leave the pods on their property indefinitely. Barry Brown made a motion to deny. Jan Fox seconded. Voting in favor were Tom Groover, Jan Fox, Wanda Doyle, Barry Brown and Bill Garbett. Voting against was Paul Wolff. Motion to deny carried 5-1. Council, Officials and City Attorney Considerations and Comments Jason Buelterman - Remove regulatory fee for private parking permits. Mayor Buelterman stated that as discussed at the recent city council workshop he would recommend the removal of the regulatory fee as the owners of the public parking Page 7 of 10 lots in residential areas are paying a business license fee. Bill Garbett made a motion to ask staff to revise the ordinance by removing the regulatory fee and to advertise for a public hearing. Wanda Doyle seconded. Voting in favor were Paul Wolff, Wanda Doyle and Bill Garbett. Voting against were Tom Groover, Jan Fox and Barry Brown. Mayor Buelterman voting in favor. Motion passed 4-3. Wanda Doyle stated the update on Public Safety Building was discussed the site plan approval portion of the agenda. Tom Groover stated that two months ago he was made aware the City is not enforcing the Land Development Code in regards to paver installation on the Island. He has done research and found there is a moratorium on paver testing and would like to know who approved the moratorium. He then showed a presentation (attached) on various emails regarding the testing of the pavers. Mayor Buelterman asked Mr. Groover his opinion of the testing of pavers. He replied testing should be done and would like to know why it was stopped. Mayor Buelterman stated that mayor and council need to give staff clear direction on exactly on how the ordinance are to be enforced. His interruption of the ordinance is that a paver that is more permeable than concrete or asphalt is acceptable for residential driveways. Mr. Groover would disagree with Mayor Buelterman. Mr. Groover then asked Ms. Otto to explain the ordinance. Mr. Braun stated that in Sec 3-080, paragraph C-5, states that "all newly constructed and replacements of more than 50% of existing driveways serving residential uses shall be constructed with materials designed to allow retention for the first one inch of storm water". Mr. Groover again asked why the City is not testing pavers. Mayor Buelterman asked Mr. Groover what he would like to accomplish. Does he think the City should test? Mr. Groover confirmed stating that staff is very aware of what the ordinance states. Mr. Garbett stated that driveways need to be constructed of materials that are designed for the retention and meet manufacturer's recommendations. Mr. Brown asked Ms. Otto if staff understood the ordinance. Ms. Otto confirmed. He then asked if there is paperwork on file that pavers meet requirements by manufacturers. Ms. Otto stated no. Ms. Doyle explained that pavers on the Island, currently, meet the above requirements. Ms. Doyle suggested that Mr. Groover find an approved test, bring it to the City and have an ordinance written to reflect same. Mayor Buelterman again asked Mr. Groover if he is recommending the City make it mandatory to have stricter water testing for a resident that would like to install a driveway. Mr. Groover confirmed. Mayor Buelterman replied that the State requires, on commercial construction and parking lots, very restrictive pervious and drainage requirements. However, Tybee Island has a more restrictive ordinance and was made less restrictive when changes were made to the ordinance. He would like to know if Mr. Groover would like to revert Page 8 of 10 back to the previous ordinance when it was more restrictive so more requirements would be placed on homeowners and developers to install driveways. Mr. Groover stated no. He stated that there is testing available, Infiltration Testing, which is being done by the City Engineer, Mr. Davis. Ms. Fox questioned when council gave a directive for the moratorium on testing, stating that the last discussion was that the City would develop a list of acceptable materials. Ms. Otto confirmed. Mr. Groover again stated his concerns with pavers that have not been tested. Mr. Wolff stated that a compromise was reached at a previous meeting where testing would be done only for 1" of rain rather than 1.2" of rain. Ms. Fox and Mr. Brown confirmed. Mr. Brown further stated that the City should rely on the manufacture's Statement of Retention. Ms. Otto confirmed. Mr. Brown stated that he is not aware of a moratorium for testing as stated in Ms. Schleicher's email as presented by Mr. Groover. Ms. Schleicher stated that the topic of the email was a project that was permitted while mayor and council were reviewing the ordinance. Ms. Otto responded that the suspension was on the ordinance that was on the books that called for the 25 year/24 hour and the decision was made to return to the prior ordinance which described pervious materials that were allowed for driveway materials. Mr. Brown again stated that the manufacturer specifications should suffice and water testing would not be required. Mr. Braun confirmed with Mr. Brown. He recommended the City require evidence that materials being used meet the standards. Mr. Groover asked Mr. Braun if the City needs to test all the pavers that were installed between March 21st and August 26th, 2013 to ensure they meet the requirements as set forth by mayor and council. Mr. Braun stated the City cannot not revoke permits for driveways that were permitted during that period for non-testing. Ms. Doyle explained that it is not only the material of the paver but how the paver is installed, the preparation of the ground and the layers. Mr. Braun confirmed. Ms. Otto recommended an additional inspection be in place for the base of the driveway. Mayor Buelterman recommends this topic be on a future agenda, Ms. Otto will bring recommendations from Mr. Braun and mayor and council will look at an alternative solution. Mr. Wolff confirmed with Mr. Braun that the City needs to have an approved list of products that will meet the requirements of the City. Tommy Branch stated this item, Sec 3-080, Off-street parking requirements, was included in agenda item above. City Managers Report • Action Item List. Ms. Fox would like additional items added to the Action Item List: (1) Timing triggers for updating the STWP (2) Optimum staff for seasonal operations; (3) comp-time policy. Ms. Schleicher responded that she has invited Page 9 of 10 an instructor from the Carl Vinson Institute to meet with staff to discuss best practices regarding the budget cycle. Wanda Doyle made a motion to adjourn. Bill Garbett seconded. Vote was unanimous. Meeting adjourned at 9:07PM. Page 10 of 10