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HomeMy Public PortalAbout050_010_20130912CityCouncilMinutes3 20120912CityCouncilMinutes Mayor Buelterman called the regular meeting to order at 7:00PM. Those present were Mayor pro tem Wanda Doyle, Paul Wolff, Tom Groover, Jan Fox, Barry Brown and Bill Garbett. Also attending were Diane Schleicher, City Manager; Bubba Hughes, City Attorney; Dianne Otto, Manager, Planning and Zoning Department; and Janet LeViner, Clerk of Council. Opening Ceremonies • Call to Order • Invocation: Susan Hill, All Saints Episcopal Church • Pledge of Allegiance Consideration of approval of the City Council Minutes, August 22, 2013. Paul Wolff made a motion to approve. Bill Garrett seconded. Vote was unanimous. Report of Staff, Boards, Standing Committees and/or Invited Guests • Todd Smith, IT Department • Janice Elliott, HR Department • Denise Dubuque, Parking Department • Chantel Morton, Better Hometown • Gina Casagrande, Tybee Island YMCA • Chris Shook, Green Team Chair approached mayor and council to describe his projects and findings as outlined in the packet. He further explained the goals of the Green Team for the upcoming year. • Monty Parks approached mayor and council to describe the upcoming Community Day on Sunday, September 29, 2013 in Memorial Park from 1-5PM. This will be a backyard b-b-q event which will give residents an opportunity to come together and visit. He asked that everyone go to Facebook for up to date details. Consideration Local Requests and Applications — Funding, Special Events, Alcohol License Special Event Consideration: Sponge Bob 2: The Movie (September 30 — October 5; October 21 — 26 and 28; October 29 — November 5): locations detailed in event application. Mayor Buelterman recommended that this item be table until such time that all the business owners and participants in this event meet so as to not have an event that would negatively affect the business community. He further suggested that there be a special city council meeting on Tuesday, September 17, 2013 to further discuss and finalize the event. Mr. Wolff asked if they have received the Department of Natural Resources (DNR) permit and questioned the fact that the shields would be removed from the street lights and has concerns with turtle nesting. Ms. Schleicher responded that she anticipated DNR would approve the permit as there are no nests in that area. He asked that she confirm. Laura Bryant approached mayor and council to answer any concerns they might have. She stated that she has received approval from DNR but did not bring the document with her. The recommendation of DNR was not to remove the shields but to keep the lights off in that area. Ms. Schleicher indicated that they would have to coordinate with Georgia Power to ensure the lights will be off if there are turtle nesting's in the area. Mayor Buelterman stated that his second suggestion would be that on the special event application add verbiage that would address Tybee stakeholders being impacted by the proposed event. If yes, what would be the method of contacting them, i.e., email, phone, mail, so that they are aware of the proposed event? In that way they can attend the city council meeting where the proposed event is on the agenda, able to review the packet which is on the website the Friday prior to the city council meeting, have the contact information for the special event applicant and review the special event application. Mr. Brown asked if the street lights are turned off, what safety precautions would be in place for the workers leaving the restaurants on the Strand at 2:00 — 3:00AM. Ms. Bryant responded that there will be 24 hour security in place. Mr. Groover stated he has concerns with the schedule for the 16th Street Parking Lot especially on October 5th as that could interfere with Pirate's Fest. He further stated that the application states that all dates are tentative based on weather, etc. Ms. Bryant responded that the crews and equipment will be off the Island by the end of the day on October 5th. Mr. Groover asked if the parking lot will be back in a condition that the vendors will be able to set up for Pirate's Fest. She confirmed as the parking lots scenes are in phase two of the production. Ms. Bryant stated she will leave her business cards so if anyone would like to contact her with questions and concerns she will be happy to respond. No action taken. To be heard at a city council meeting on Tuesday, September 17, 2013. Charles Bolen, Commander Post 154, Tybee Island, approached mayor and council to discuss the Community Service Award Request agenda item as he is asking for funding to facilitate the purchase of a fire shut off safety device for the air conditioning equipment. He explained that in November 2012 the Post had the first fire inspection in over twenty years. There were numerous violations, all of which have been addressed with the exception of the agenda item in the packet tonight which is due to funding issues. Mayor Buelterman asked for clarification of the request, would this be $2,700 in addition to the $1,975 which was approved during the budget cycle? Commander Bolen confirmed. Mayor Buelterman thanked the Commander. Consideration of Bids, Contracts, Agreements and Expenditures Request out-of-state travel for Rosie Laney and Ellen Anderson to attend the 2013 Grand Strand Gift and Resort Merchandise Show in Myrtle Beach, SC, December 8 — 11, 2013. Wanda Doyle made a motion to approve. Bill Garbett seconded. Vote was unanimous. Agreement with GA Power to change out the 8-1000 watt Metal Halide Floods with 285 LED Lights. This will save the City $229.20 monthly and $2,750.40 annually. Mayor Buelterman asked for clarification from Ms. Schleicher regarding the billing per pole as opposed to the usage of each pole. Ms. Schleicher stated this is not in regard to street lights but park lights which belong to the City. She explained there is an agreement in place with Georgia Power to for the replacement of the playground, tennis courts, softball, as well as the volleyball lights. These lights are tied into a meter and there is a monthly charge for maintenance. She further outlined that Georgia Power is recommending the City save money by replacing the LED lights in the playground, volleyball and basketball area. Mr. Garbett stated that he did attend the meeting and it was very informative. He further explained that the City is asking Georgia Power to replace all the street lights with LED lights which are more efficient. This is a win/win situation. Bill Garbett made a motion to approve. Paul Wolff seconded. Discussion: Mr. Wolff stated that the City needs to keep the street lights on the table as technology is improving daily and the cost is coming down on a regular basis. Mr. Groover stated that at the meeting Georgia Power stated that if the City put in the LED street lights the bill would not decrease as the City would have to pay the same $10 even though were would be saving money. Georgia Power is blaming that on the Public Service Commission (PSC) as they set the rates. He would ask Mayor Buelterman if he would contact the contact the Governor to ask if Tybee Island could be a test case so we could use LED fixtures for the street lights. Mayor Buelterman asked Mr. Groover to compose a letter to the PSC and he would be happy to move forward with the suggestion. Vote was unanimous. To obtain the City Council's approval to enter into an agreement with a professional audit firm, Mauldin & Jenkins, CPA, LLC for $23,000 to perform the City's FY2O13 annual audit. Ms. Hudson approached mayor and council to answer any questions or concerns. She explained that the City budgeted $20,000 but she has the additional $3,000 to add. Mayor Buelterman confirmed with Ms. Hudson that this is the best firm going forward for the City. Mr. Groover added that the Audit Committee reviewed the information and the vote was unanimous in favor of hiring Mauldin and Jenkins. Ms. Fox would like the motion to stipulate the contract would be for a single year engagement. Mr. Wolff explain that this firm did prior auditing for the City and the contract was not renewed as GMA recommended that auditors should be changed every three years. Tom Groover made a motion to approve. Paul Wolff seconded. Vote was unanimous. To request the City Council's approval to increase the General Fund Operating Budget for FY2014 by $16,838 for deferred information technology fee revenue carried-forward from fiscal year 2013. Ms. Hudson stated that the Tybee Island Police Department has a fee that is collected from specific fines which can be used for technology equipment. In the previous year, more was collected than anticipated and those funds can be carried forward into the fiscal year. Mr. Groover then asked if this money can be used for anything other than IT. She responded that anything to do with technology and equipment is acceptable. Bill Garbett made a motion to approve. Wanda Doyle seconded. Vote was unanimous. Community Service Award Request: Tybee American Legion - $2,700 — City has approved $1,975 in waived fees for the FY 14 budget during the budget process. The American Legion is requesting a cash award towards a fire shut off safety device for the AC equipment for the building. This request inadvertently did not get submitted with their original request. Mr. Wolff asked for clarification as to where the funds would come from. Ms. Schleicher stated it would come from contingency as it is not budgeted. Ms. Doyle stated that she would like to assist the American Legion as much as they can but has a concern with setting the guidelines for grants that need to be turned in during the budget process. This process has been successful and has a concerned with accepting requests outside the budget process. Ms. Fox expressed her concerns with it being outside the budget process as well stating this is a life threatening issue and mayor and council should be able to find the requested funds. Mayor Buelterman asked for clarification of the previously requested $1,975. Ms. Doyle stated this is for the waver of the liquor licensing fee. Mr. Wolff confirmed with Commander Bolen that there were numerous violations after the delayed fire inspection and asked what have been the expenses incurred to mitigate these repairs. Commander Bolen responded he does not have the exact figures but he would estimate it to be almost $3,000. Mr. Wolff then asked if this is due in part to the age of the air conditioning units. Commander Bolin confirmed as the units were installed prior to the Code and is not part of the system. The units have to be retrofitted as they cannot be grandfathered. Ms. Doyle then asked if this is a city building. Commander Bolen responded the property does belong to the City and if the American Legion was to decide to step away it would revert back to the City, reverting clause. Mr. Groover asked Ms. Schleicher if there are other city buildings that have problems such as this. Ms. Schleicher responded no as all city buildings recently have been inspected by the fire marshal and all buildings are up to Code. Mr. Garbett agreed with Ms. Doyle but would ask why the American Legion cannot pay for this out of their budget as they do collect fees from their patrons. Commander Bolen responded that currently they are working on having the roof replaced as there are numerous leaks and with this being the low time of the year their budget is strained. Also, their income revenues are not as they have been in the past. Ms. Doyle stated she does have concerns but this would be an improvement on the building in case it would revert back to the City at some point. Mr. Wolff commented this is an emergency and would like to move forward. Paul Wolff made a motion to approve by taking funds from contingency. Jan Fox seconded. Vote was unanimous. Mayor Buelterman asked that Commander Bolen approach the CRC to ask their advice on energy conservation ideas. Mr. Wolff then suggested that Commander Bolen approach Georgia Power for an energy audit as there are rebates available if improvements are made. Commander Bolen stated he did contact Georgia Power last year. He will contact them again for recommendations. Public Hearings Special Review — consideration of special events at existing residential bed & breakfast; PIN 4-0002-20-014; Zone R-1; Sherry Stipp and Cindy Sukal. Ms. Otto approached mayor and council to explain this agenda item. This is for the Surf Song Bed and Breakfast at 21 Officer's Row. This is a special review request to have small special events as allowed under the bed and breakfast ordinance. She further explained that this bed and breakfast was before mayor and council in May 2013 when they were granted bed and breakfast status. The Planning Commission heard this item and voted to deny 6-0. Ms. Doyle stated on special review, stipulations can be imposed. Ms. Otto confirmed. Mr. Hughes stated that it became apparent prior to the city council meeting that participants in this meeting did not get the proper information in completing the Campaign Disclosure Form that pertain to zoning matters. He would ask that anyone wishing to speak during the public hearing tonight, complete the form that is located in the rear of city hall and provide to the Clerk, Jan LeViner. Mayor Buelterman asked Ms. Otto when this item was originally approved, did the petitioner indicate they were not going to come before mayor and council in the future and request special events approval. Ms. Otto responded that at the time of the original application, the petitioner addressed each item and at that time were not seeking approval for special events. The petitioner has now been approached by their patrons to have business meetings, small parties, etc. at the bed and breakfast. Mayor Buelterman asked Ms. Otto to address the parking. Ms. Otto responded that the parking does not change from the original request as there are five guest units and one unit that is owner occupied. The petitioner has provided eight parking spaces which is one above the requirement. She further explained that the site has ample buffering. Mayor Buelterman stated there is another bed and breakfast located near the nursing home, Tybee Island Inn, and when they received their approval for special events, did they have to go through the process of delineating their parking? Ms. Otto stated she has not reviewed their file. She has interrupted the bed and breakfast ordinance, when having an event, does not require the petitioner provide additional parking spaces if you are having special events. She outlined that in speaking with the petitioner, guests renting their units would be the same guests that would be attending the special events. The petitioner stated they would offer public parking at north beach if there is not ample parking at the bed and breakfast. Mr. Groover confirmed with Ms. Otto that the petitioner does not have room to expand their parking. He stated that after reading the Planning Commission minutes, the residents were concerned with the number of participants at special events. Mr. Groover then asked if there could be stipulations regarding the number of people that could attend the special events for not only special events but for everything, suggesting the bed and breakfast could not have more than twenty people at any time on the premises. Ms. Otto confirmed that special review does allow imposing conditions for approval. Ms. Doyle asked Ms. Otto if the bed and breakfast previously was a special events location. Ms. Otto responded that the previous owner did come before mayor and council for approval of special events and was denied. Ms. Doyle then asked if the Tybee Island Inn received their approval for special events and if so have there been complaints and problems that were filed with the police department. In this way mayor and council would know of any issues in having special events in that area. Ms. Otto stated she is not aware of any. Ms. Otto reminded mayor and council that the ordinance limits the number of people to twenty. Mr. Brown stated that even if the ordinance limits the number of people they have no way to check for compliance. He further stated that mayor and council need to limit commercial use in residential zones and would recommend denial. Ms. Fox stated that she read the minutes from both the planning commission meeting and city council meeting pertaining to this request as well as the bed and breakfast ordinance and in both of the cases the applicants were required to allow two parking spaces for the owner, one space for each room and one space for each additional four people that might be attending the special event. She feels this is a good rule and should be worked into the ordinance. Cindy Sukal, co-owner and inn keeper at Surf Song Bed and Breakfast approached mayor and council to answer any questions or concerns. She indicated that her sister, Sherry Stipp, had sent a letter to mayor and council outlining their intentions with this agenda item. Ms. Sukal addressed the concerns regarding parking stating that they do not want more than twenty people including guest at the bed and breakfast and would not disagree if this was a condition for approval. She explained that groups such as the Tybee Island Arts to do lunches, cooking classes and art classes which are not allowed with their current license. Ms. Sukal further stated that they do not want to affect their neighbors in a negative manner and have no intentions of parking in front of the bed and breakfast on the street. Guests will be notified via email of their parking plan and will have a staff member outside the bed and breakfast to direct participants where to legally park. She addressed other concerns such as noise issues and stated that there have not been any noise issues since she has been on premises. Kevin Sofa approached mayor and council to ask that mayor and council deny this request. He is the president of the home owners association and the board of directors is leery of what the permit will allow. Their main concern being the wedding receptions and the number of guests and staff that will be present. Peter Bannon approached mayor and council to ask that mayor and council do not approve this request. He lives next door to the bed and breakfast stating this is a limited space and the narrowest part of Cedarwood. He also stated his concerns regarding the parking plan and the number of events at one time. He did commend the owners of the bed and breakfast on their attempt to control parking. Ms. Bannon referenced a conversation he had with the owners previously where they indicated that they were not interested in special events. He then thanked mayor and council for the opportunity to speak. Mr. Garbett read from the current ordinance which would suggest to Mr. Bannon that stipulations be put in place where events could not go past 9:00PM. Mr. Bannon replied as to how the ordinance would be enforced and he further has concerns over alcohol as there is no supervision from the owner. Mr. Wolff then made several suggestions regarding the type of special event that would be allowed to Mr. Bannon asking if this would satisfy his concerns. He stated he did not understand how this would alleviate the issues at hand. Mr. Groover asked Mr. Bannon if the special event were limited to a total of twenty people which would include owner, staff and all the residents in the bed and breakfast, would that suffice. He responded he does not feel it would and reminded mayor and council that the bed and breakfast is in a residential area. Walter Peck approached mayor and council to voice his concerns over this special review item. He lives at 119 Cedarwood, directly across the street from the bed and breakfast. He stated that there have been issues with trash in his yard from the guests from the bed and breakfast. Mr. Peck further explained parking problems with the bed and breakfast as they are parking in his yard. Mr. Wolff asked if the parking problems have been ongoing since the bed and breakfast has had a resident manager on site. Mr. Peck responded yes. Mr. Brown confirmed with Ms. Otto the size of the parking spaces, 9x18. She confirmed. He then asked about the steps in the front of the building. She stated that the parking plan before them this evening is the same parking plan that was approved at a previous council meeting. Mr. Garbett again asked if a time (curfew) was put in place would this solve the problem. Mr. Peck stated no as the parking is his main concern. Bill Garbett made a motion to approve to include a stipulation that all events close by 9:00PM. Being there was no second; the motion dies for lack of second. Barry Brown made a motion to deny. Wanda Doyle seconded. Voting in favor were Paul Wolff, Jan Fox, Wanda Doyle, and Barry Brown. Voting against were Tom Groover and Bill Garbett. Motion to deny passed 4-2. Text Amendment and Map Amendment — Section 13-015 — consideration of change of zoning district from C-2 to R-2 for 7 lots between Teresa Lane and Byers Street. Ms. Otto approached mayor and council stating this request is the third of three C-2 corridor areas that are to be considered. The first being Eagles Nest, the second, lots on the south side of Laurel Avenue and tonight, lots on the north side of Highway 80 between Teresa Lane and Byers Street. This will include seven properties which are currently zoned C-2. The request that is before mayor and council would change these lots to R-2. She further requested action be taken on lot #1 as shown on the diagram in their packet as the boundary line divides the property, the southern portion being zoned C-2 and the northern portion as R-2. The Planning Commission consideration on this item was a motion to approve with a vote of 6-0 in favor. Ms. Doyle asked Ms. Otto to explain lots, #5 and #7 on Highway 80. Ms. Otto pointed to the lots that were projected on the screen. Ms. Doyle then asked for clarification of lot #2 which previously had a request for a billboard. Ms. Otto confirmed. She further requested that action be taken on lot #1 even if no further action was taken on the remainder of the lots. Ms. Doyle stated that she would like to ensure that the North Wave Subdivision residents are protected by becoming an R-2 zone. Mr. Groover asked Ms. Otto if a decision could be made on each parcel or would the decision be made on all parcels. She responded that it could be done on each parcel. Mr. Groover asked if owners have been contact to be aware of the agenda item tonight. Ms. Otto stated that all property owners and well as adjacent property owners were mailed notices of the agenda item tonight. Mr. Garbett stated that he believes that all properties that front on Highway 80 to be zoned commercial which in this case would be lots 2, 3, 5, and 7. He would recommend the remaining lots 1, 2 and 6 be zoned residential. Julie Zopf approached mayor and council to request their support to vote in favor of the rezoning all the lots from Teresa to Byers as residential. She explained that in the past neighbors have approached mayor and council to speak in favor of the rezoning to residential. John Kohn, 12 Teresa Lane, approached mayor and council to speak in favor of the rezoning to residential. He stated that on lot #3 there is a home as the occupants are residential. Lots 4 and 6 also have homes as do many of the other lots. He reminded mayor and council a proposed bike path will run directly in front of lots 1, 2, 3, 5, and 7 and will cause more traffic not only pedestrian but bikers as well. If zoned commercial this will create more traffic and hazards. Mr. Kohn would further ask mayor and council to approve all lots as residential. David Birdwell approached mayor and council to request mayor and council approve the rezoning to residential. He explained that most all the lots are residential currently and if there was not an existing building already on lot 3 which has been occupied by a resident; this leaves lots 5 and 7 to be addressed. He would further ask Mr. Garbett to rethink his position on the lots that front Highway 80. Ms. Doyle stated she has concerns about correspondence that was received by mayor and council regarding lots 5 and 7. She would ask Mr. Hughes his thoughts. Mr. Hughes responded that the owners of those lots, lots 5 and 7, have objected to what they consider to be the down zoning of their property from commercial property to residential. He asked that for the record, the minutes reflect that the Tybee Island Zoning Map is currently in the room and the amendment would be reflected on it with the decision of mayor and council. Mr. Wolff stated his concerns with spot zoning and possible ligation. Mr. Hughes stated he does not share those concerns regarding spot zoning. He further explained that mayor and council would need to have a rational basis for taking those two lots (5 and 7) and treating them separate. Suzanne St Pierre, 4 Teresa Lane, approached mayor and council to speak in favor of the residential zoning as it will impact their quality of life. She explained that the most important concern is the turning onto Highway 80 from their neighborhood. By zoning these lots commercial it will bring more traffic and congestion and be a safety issue. Mayor Buelterman would recommend lots 1, 2, 3, 4 and 6 are zoned residential and leave lots 5 and 7 commercial. Wanda Doyle made a motion to zone lots 1, 2, 3, 4, and 6 residential (R-2) and lots 5 and 7 as commercial (C-2). Bill Garbett seconded. Discussion: Mr. Garbett expressed his concerns regarding the correct procedures with zoning lots 2, 3, 5 and 7 as commercial and lots 1, 2, 4 and 6 zoned residential as all people need to be treated the same. Mr. Wolff stated that the character of this neighborhood needs to be residential as all the commercial property is east of Byers. He would recommend that all lots be zoned residential. Ms. Fox concurred. Mr. Brown asked for an explanation of lot 1. Ms. Otto explained that the line comes down Estel and goes straight thus making part of the lot zoned commercial and the balance residential. Ms. Otto reminder mayor and council that lots 5 and 7 are owned by the same person and there could be the potential of combining the lots into one for commercial development. Voting in favor were Tom Groover, Wanda Doyle, Barry Brown and Bill Garbett. Voting against were Paul Wolff and Jan Fox. Motion carried 4-2. Text Amendment — Section 5-010 — Permits Required for Construction; consideration of proposed changes to permitting requirements. Ms. Otto explained that Section 5-010 was heard by the Planning Commission and went before mayor and council for approval. There were significant changes at that time and was sent back to Planning Commission for consideration. Ms. Otto stated that the version before mayor and council tonight is significantly different than before as the previous planning and zoning manager's intent was to bring this section more in line with the International Building Code Permitting Requirements. Discussions were bogged down as Tybee deals with smaller properties and are more involved with the citizens. When the Planning Commission considered this at their August meeting there was a motion to approve with more changes which have been incorporated and the vote 5-1 to approve. She has since had conversations with some council members which would recommend changes and is not sure mayor and council will be able to move forward as these changes have not been incorporated in the document in the packet. Ms. Otto explained that there is no urgency for approval tonight. Mr. Wolff stated he was fine with the changes and asked Ms. Otto to correct a typing error. She concurred. Mr. Groover referenced his conversation with the dock builder. He explained that the bond and liability policies that Tybee requires are based on a previous problem with a project in the back river area. He would ask for clarification with the current dock builders as they do not own hydraulic and heavy duty equipment. He would recommend that the bond and liability policies be in place for those that bring in a barge for repairs. He further stated that the ordinance should reflect some of the fees and requirements that reflect the previous incident. Mr. Wolff made a suggestion to the language and Ms. Otto concurred and will incorporate into the ordinance. She confirmed that this language would incorporate "heavy equipment" whether on the water or on land. Ms. Fox stated that she had asked Ms. Otto to include verbiage on the Homeowner Affidavit. Ms. Otto responded that she had not gotten to that as of yet but would. Ms. Otto explained that at the suggestion of Ms. Fox she would read the state ordinance so that it will match our paperwork. Mayor Buelterman recommended that all changes be complied and sent to Ms. Otto which will be included in a clean copy of the proposed ordinance. Mr. Brown asked Mr. Hughes what jurisdiction the City has "on top of the water". Mr. Hughes responded we have regulatory power. Mr. Brown then asked Ms. Otto if the dock builders are licensed general contractors. Ms. Otto confirmed and stated that if the scope of work is structural the contractor would be required to have the George State License unless it is a homeowner. There was further discussion regarding suggested changes in regards to homeowners maintaining their residence. Ms. Fox asked if there is relief for emergency repairs. Ms. Otto stated yes as staff will work with the homeowner. Mayor Buelterman asked that all changes and recommendations be sent to Ms. Otto. She will take those comments and incorporate into a document to bring back to mayor and council and upon review if there sufficient major changes it will go back before the Planning Commission for their consideration. Donald Cowart approached mayor and council to express his concerns regarding the permitting process. His main concern being the electrical permit as it states there must be a certified electrician to replace any fixtures unless the renovation permit has already been issued. He asked who the permit is issued to. Mr. Cowart went on to discuss the licensing of contractors, bonding, and liability issuance. He has concerns with the handyman getting a license as they are not trained and according to the new state contractors law they cannot build anything made of wood. He stated he has further concerns regarding the zoning commission being allowed to go in and change the Southern Building Code. Mr. Cowart stated the zoning department needs to know that a contractor is a contractor and a handyman is a handyman. Mayor Buelterman asked Mr. Cowart what other concerns would he like to express. Mr. Cowart stated none. Mr. Brown stated suggested that Ms. Otto may clear up some confusion is she insert the word "licensed contractor, licensed plumber, licensed electrician" etc. in the document. Jan Fox made a motion to continue until city council meeting on October 24, 2013. Paul Wolff seconded. Vote was unanimous. Council, Officials and City Attorney Considerations and Comments Bubba Hughes approached mayor and council to discuss the Release and Covenant Not to Sue — George B. Bargeron. He stated that Mr. and Mrs. Bargeron have signed the documents and are still in the window of withdrawing their consent but this is pursuant to the agreement that was reached at the mediation. Jan Fox made a motion to approve. Wanda Doyle seconded. Vote was unanimous. Bubba Hughes approached mayor and council to discuss Sec 3-080, Off-street Parking. Wanda Doyle recused herself. Mr. Hughes stated that this is an ongoing effort to come to an understanding of this ordinance. It was his understanding that the ordinance would be such that if an existing driveway was replaced with anything other than concrete or asphalt it would be acceptable. He further explained that there is a great deal of ongoing issues related to this ordinance. Mr. Hughes reminded mayor and council this item is not a public hearing nor is a vote to be taken. It is for clarification only. Mr. Wolff stated that what is before mayor and council would be huge step backward from the ordinance that was adopted ten years ago, which, though, granted was flawed, since it did not include the definition of permeability. He explained that the more recent ordinance that was adopted three years ago is what needs to be in place and it could include Ms. Fox's compromise as it is reasonable. Mr. Wolff described the State Stormwater Supplement, specifies that permeability is accommodating a 1.2" flush. There are drainage issues all over the Island and every time the City adds one square foot of impervious surface it exacerbates the drainage issues. He further explained that the permeable driveway ordinance as it was before, was changed and is doing a lot of good for the Island. The issues at hand now are what types of materials are being used, if certified or not; are we doing the proper testing to prove whether they are permeable or not; those are small details as compared to rewriting the entire ordinance. Mr. Wolff stated the ordinance needs to remain to require driveways be permeable not just say that they cannot be made of concrete or asphalt. Mr. Groover added that in the past few weeks, the City has release a permit to install pavers off of a sketch that did not list what type of paver would be used. He further outlined the process which included Mr. Branch making a decision to allow the permit. Mr. Hughes interjected that the permit had already been issued. Mr. Groover disagreed. He continued by stating that with the amount of pavers being installed, if they do not meet the requirement of the 1" run-off, the City has violated the 60% rule as 60% of the property is now pavers that are not permeable. He then asked Ms. Otto to confirm. Ms. Otto stated that she agreed with Mr. Hughes as the permit was issued in 2012 and what was released was the change in fees that was owed due to the higher cost of the permit. Ms. Otto is seeking clarification as she has two applications waiting to be permitted and it is very subjective whether either can meet the requirement and by having the 1" standard with no means of testing, it is impossible to determine. Mr. Groover stated that after the two storms that occurred recently, he is 100% behind making Tybee to where it is pervious. Everything that is installed as well as the City needs to adhere to the policies. He would recommend the testing of pavers resume. He questioned why the testing was stopped as it is not included in any ordinance on the books. Mr. Groover continued to discuss the concerns he has with Ms. Otto issuing permits that are totally wrong. Mayor Buelterman asked Mr. Groover if he feels it is worth all the staff time and effort to complete the complex testing for driveways. Mr. Groover stated yes. Mr. Hughes indicated that the suggested ordinance was in place six months ago and the only difference now is to remove the words pervious and permeable as the definition has changed. Ms. Fox confirmed. He further stated there needs to be clarity, the clarity that staff needs to handle the applications correctly. Mr. Groover recommended staff find out which pavers are acceptable which is not their responsibility is as it is their responsibility to issue the permit. This responsibility is the contractor to insure they will pass the test. Mr. Garbett asked Ms. Otto for her recommendations as mayor and council need to address the problem of permeability. He feels there is a good solution that would meet the requirements of storm water run- off on driveways and mayor and council need to review the ordinance and come up with something that is acceptable to the entire body. Ms. Fox explained that when the word "pervious" was discarded and went to the Standard, it was done as that is how the pavers are advertised. She would suggest that mayor and council should adhere to the Standard as the pavers are not passing the test. Ms. Fox stated that possibly the problem lies with the installation of the pavers. Mr. Wolff clarified that he has concerns over such materials as granite and anything that is impermeable. To be exact it would include white rock as well. He went on to remind mayor and council that the driveways are an integral part of the storm water management system, Island wide. Due to requiring permeable driveways nine years ago, the City has had to do far less expensive infrastructure improvement regarding the storm lines. Mr. Wolff stated the intent of the ordinance that he crafted nine years ago and that was to have the driveway accommodate the rain water so as not to add pollutants to the marsh. Mayor Buelterman stressed the fact that staff is looking for direction from mayor and council. Mr. Wolff stated he would like the ordinance to read, "use a product that will accommodate 1.2" of the first flush or use a material certified to do that and installed to the manufacturers specifications and inspected to ensure they have been installed properly." Mr. Hughes inquired on how it would be inspected. Mr. Wolff replied that the inspector would go to the property while it is under construction. Mr. Brown stated that has been the understanding all along, let the manufacturer state in writing that the pavers meet the City's requirements and installed to the manufacture's specifications. Mr. Groover suggested that the three inspections take place but would question who would be responsible for the cost. Ms. Otto stated that the current cost of a driveway application does not have an inspection fee only a permit fee and if there are inspections, she would be responsible. Mr. Groover would like the City to have a water test with the pavers at the end of the installation as it is not the City's responsible to inspect installation. Ms. Otto explained that current testing consists of using a garden hose or bucket of water and is readily apparent when this is done if the water goes through or runs off. She also stated that staff has been challenged with this method of testing as it is not a scientific test and staff is not qualified to conduct the testing. Mr. Groover stated that he is aware of a certified test and it is the best way to test pavers. Mayor Buelterman stated that all this is a burden on staff and this requirement is adding another layer that is not necessary. Mr. Brown would recommend the ordinance that is before mayor and council be discarded. Mayor Buelterman again stated that mayor and council need to give staff direction going forward. Mr. Garbett asked Ms. Otto to bring her recommendations to mayor and council. Ms. Otto responded that what is before them tonight is the recommendation of staff and Mr. Davis, City Engineer. She explained that this item is on the agenda for the upcoming planning commission meeting on September 17, 2013. It was anticipated that there would have been a consensus from mayor and council on whether you would have them consider this item or withdraw due to a possible different direction. Ms. Fox stated she would ask the Planning Commission hear the item. Ms. Otto confirmed and stated she currently has two applications, one will meet the 1" requirement but she is skeptical regarding the second one. She would like direction as the current ordinance states that residential driveways are to retain the first 1" of storm water. Ms. Schleicher stated that mayor and council removed the inspections language from the ordinance which referred to engineering. Further, the pavers are to be made out of materials that are designed to meet that requirement. Staff would have a list of all manufacturers and installers to include all materials that will meet the 1" requirement. This now becomes a list of pre-approved materials. She recommended that staff require the installers for the above reference application be required to provide the information that the materials that are being used meet the 1" requirement. Therefore the permit can be issued. Mr. Wolff asked Ms. Otto why the permit above will not meet the 1" requirement. She responded that there is not enough void between the pavers. Mr. Wolff stated that if there is time sensitivity with the permit, why not let them proceed with installation, stipulating that the pavers will be subject to the 1" test after installation. If the pavers do not meet the requirement they will have to be replaced. Ms. Otto stated that this is the same application that she has had questions over in the past. Mr. Groover stated this will not work as pavers vary in price. It is up to the installer to tell staff that the paver that is being installed, according to the manufacturer will meet 1" requirement if installed properly. Mayor Buelterman recommended that staff proceed with the issuance of permits, using their best judgment, until the Planning Commission makes their recommendation to mayor and council. Ms. Schleicher outlined her recommendation which would be staff would contact all the installers and manufactures and request that they send staff a list of all products that will meet the 1" or better requirement. In this way, when an application is received there will be a cross reference of those materials/pavers that will meeting the requirement. She would further recommend that the installers of the two applications in the Planning and Zoning Office provide staff with specifications that the materials will meet the 1" or greater requirement. Mr. Hughes clarified that if this is not received by staff, the permit will not be issued. No action taken. Paul Wolff, Alternate Water Supply. No action taken. Jan Fox stated that mayor and council have let the City down as far as the finances and need to do a better job. She would propose that Mayor Buelterman create a finance committee, appointing three council members to review the interim financial reports along with the city manager and finance director to insure timeliness and accuracy. Also, to review each one of the eight findings in the last audit report and see that internal controls are in place to keep those items from recurring. This would also include: • to oversee and facilitate the work of the audit committee; • to review all new GASB and other authoritative standards and oversee their implementation; • monitor changes in the types and reliability of our income/revenues; • monitor the City's debt; • finally to assist in the development of rate structures and fee schedules for city services. Ms. Fox stated that this will provide for a more structured and focus on the City finances. Angela Hudson approached mayor and council. Ms. Hudson stated that some of the items Ms. Fox mentioned are part of her job description, things that she is responsible for doing. She explained that the City had one bad audit year and there are several reasons for this of which she is not going to discuss but move past. Many of the things that happened were political and slow the process down. She feels she has not been given the opportunity to run her department without being influenced or pulled. Ms. Hudson asked that she be given the opportunity to run her department, to implement the policies and procedures that she has plans to put in place as policies and procedures were created years ago and have not been implemented. She would ask that she be given to time to implement these policies and procedures which would include training her staff so they would have an understanding for what they are doing. Ms. Hudson stated that if mayor and council were to dissolve the audit committee that is one thing but to have both an audit committee and finance committee would be too many layers and would preclude her from effectively running her department. She stated that she does not feel she has been given the opportunity to run her department and get things done. If after a year, nothing has changed, terminate her but she would like an opportunity to do her job without interference. Mayor Buelterman asked Ms. Hudson if there was another committee in addition to the audit committee would this will take away from the time she has to do her job. She confirmed and asked for clarification for the finance committee. Mr. Garbett stated he appreciates Ms. Hudson's comments but does not understand why she objects to Ms. Fox's proposal. Ms. Hudson replied that it is more to do with personal agendas rather than her being allowed to do her job. Mr. Garbett would agree with Ms. Hudson's comments but would also agree with Ms. Fox's suggestion that it would be helpful to sit down with the finance director each quarter and be brought up to date on the happenings with the finances. Ms. Hudson is happy to prepare a quarterly financial report, bring before mayor and council and answer any questions that they might have. Mayor Buelterman suggested there be quarterly financial workshops so the entire body would be aware of the financial status of the City. Ms. Fox stated she envisioned the finance committee to work much like any other committee does on the Island. The chairman of this committee works with the city manager to have an agenda and in turn she works with staff to fulfill the information and the committee brings recommendation to mayor and council for needed changes. Ms. Fox stated that mayor and council need to take ownership of the financial statements. Ms. Fox stated that there is more oversight that is needed for more than just the audit committee as there have been no financial statements this year and mayor and council have been asked to do budget adjustments. Mayor Buelterman asked Ms. Schleicher to arrange for a meeting to include him, Ms. Hudson, Ms. Fox, herself to come up with a plan that everyone can agree on moving forward. Mr. Groover asked that as the liaison to the audit committee he be included in this meeting. Mayor Buelterman stated that mayor and council need to support Ms. Hudson. Ms. Fox agreed. Bill Garbett made a motion to adjourn. Jan Fox seconded. Vote was unanimous. Meeting adjourned at 10:05PM