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HomeMy Public PortalAbout003_20110224 City Council Draft Minutes20110224 City Council Minutes Mayor Buelterman called the consent agenda meeting to order at 6:30pm on Thursday, February 24, 2011. Council members present were Mayor pro tem Shirley Sessions, Wanda Doyle, Bill Garbett, Frank Schuman, Sr., Kathryn Williams and Paul Wolff. Also present were City Attorney Bubba Hughes, City Manager Diane Schleicher, Interim Zoning Director Dianne Otto and Acting Clerk of Council Jan LeViner. Mayor Buelterman listed the following items on the consent agenda: Consideration of Better Hometown Board applicant, Beth Martin Application for Beer/Wine/Liquor, Sunday Sales: Nickie’s Bar and Grill Alcohol License: New name/new owner/change of license holder Emergency payment for water main breaks at curb at Highway 80 to BRW Construction Company, $28,800. Budget line item number 505-4410-52-2205 Drinking Water laboratory and Related Services renewal of contract for a three (3) year period. Annual fee of $8,910.00 Memorandum of Understanding, Bike Loaners Program Curbside Accelerated Recycling Grant Program Bill Garbett, request for him to attend the salt water intrusion steering committee meeting in Hilton Head, SC, March 4, 2011 Mayor Buelterman adjourned the consent agenda meeting. Mayor Buelterman called the regular meeting of the city council to order at 7:00pm. Those present at the consent agenda meeting also attended the regular meeting. Susan Hill gave the invocation and everyone recited the Pledge of Allegiance to the Flag. Tybee Island Chief of Police, Robert Bryson was sworn in by the Honorable Steven Scheer. After taking his oath, he was congratulated by Mayor Buelterman and city council members. Mayor Buelterman invited everyone to attend a Meet and Greet for Chief Bryson on Sunday, February 27, 2011 at the Guard House. He also thanked the city council for their professionalism during the process and commended their support with the city manager. Mayor Buelterman presented a Proclamation to Leadership Tybee. He introduced David McNaughton, Jonathan Lynn, Kim Wilson, Greg Stoeffler, Robert Bryson, Amy Gaster, Fawn Smiley, Sadie Gaster and Dale Williams as the first graduating class of Leadership Tybee and thanked them for all their accomplishments and declared Thursday, February 24, 2011 as Leadership Tybee Day on Tybee Island and encourage everyone to congratulate the members of the first graduating class. Recognition, Planning Commission Members. Mayor Buelterman postponed the presentation until next meeting when members may be available. Barbara Hurst, Transportation Director, Coastal Regional Commission of Georgia. She stated that they have recently begun the Coastal Regional Coaches Program that is now operating in ten (10) counties in the coastal region. This program provided cost savings, and reduces the need of vehicles on the road. These buses are ADA compliant therefore expanding mobility options. Individuals in rural areas can call their 866 phone number 24 hours in advance to schedule a pickup with Coastal Regional Coaches to and / or from other areas. Individuals will need to call 24 hours in advance to make a reservation and transportation costs are $3.00 each way per passenger and fares must be paid at boarding. Ms. Hurst further explained that the program will allow Tybee residents to travel outside their counties and fares would be $3.00 for each boundary crossed. Funding for these services are paid for by local city/county governments, Department of Human Services, GA Department of Transportation, Federal Transit Administration, Coastal Regional Commission and ridership fares. Coastal Regional Commission is moving forward with more efficient methods via call center, improved security and forms of payment with their coaches system. As an extension of the regional rural public transit service, the Tybee Shuttle will begin March 7, 2011. The twice-daily service will be at 10:00am and 5:00pm seven days a week originating at the Savannah Visitor’s Center dropping off at two locations, Tybrisa/Strand Roundabout and the Lighthouse at north beach and returning to Savannah. The hope is that more people will use this system and demand will increase to reduce vehicular congestion and parking issues on the island. There is no prior reservation necessary for this shuttle service. The cost is $3.00 each way per passenger and fares are due at time of boarding, first come, first served. She knows transportation is needed at Tybee and they are starting it with the shuttle. It will be adjusted as demand dictates. March 7, 2011 will be a media event for a ribbon cutting ceremony to kick off the first shuttle route. Barbara also reviewed the component program they have available which is the Van Pool program for employees that commute to and from Tybee Island. The costs can be offset with federal funds and community match with employers and / or employees assistance. Paul Wolff thanked Barbara for her perseverance in this project as well as Chantel Morton. Paul had hoped that we would be able to participate in the “on demand” program as well as Tybee has an aging population and it is getting more difficult for our residents to get to Savannah for their personal needs. He asked Barbara if there was any way that until the “on demand” program gets under way, they could run a morning shuttle returning in the evening where we can provide the service? Barbara stated that residents could take advantage of the Tybee Shuttle and as the rider base grows, they then can make it cost effective. Kathryn Williams asked for clarification in the brochure regarding children under the age of 18 having a parental waiver signed. She asked Barbara how young of person will you transport to Tybee without a parental wavier. Barbara explained that when they started the Coaches Program they set that age limit to insure they would not run into any difficulties with minors. They have adjusted the program now as they do transport younger children as it depends on the maturity of the child. Kathryn’s concern is that unsupervised children could come down to the beach and go to an area where a lifeguard might not be on duty. She asked that they look into the policy carefully in terms of bringing them to the beach. Barbara agreed and will take that into consideration. Rocky Joyner, Vice President and Actuary, the Segal Company, GMA Retirement Fund made a presentation regarding the City of Tybee’s GMA Retirement Fund and to answer any questions council may have. Mayor Buelterman reminded council that there was a detailed report in their packets showing where we stand. Rocky has a brief presentation for the council and then he would open the floor up for questions. He asked everyone to turn to page one showing the status of our plan as of January 1, 2011. This is the most current information available as it was released this month. It compares the results to our July 1, 2010 evaluation. We have a contribution rate of 15.32% a pay. This contribution rate is based on a ten-year amortization period of our unfunded in the pension plan. We have ratio of almost 75% and the ten-year amortization period is much more conservative than is allowed in Georgia State law. Georgia State Law will allow us to move out as far as 30 years in funding the plan. The GMA is far more conservative than that. It is funded over a shorter period so if we have another issue such as in 2008 where the market fell, you would have flexibility to move out so as not to stay within the budget. The recommended contribution for the city beginning July 1, 2011 which is $445,000.00 which could be reduced and stay in compliance with Georgia State Law as low as $321,000. We have a stable group which includes 78-79 employees. The city offers three programs to its employees: (1) Social Security (2) defined benefit plan and (3) optional deferred compensation plan. Our contribution rate is expected to go down to 9% in 20-30 years as long as the market stays stable. We are very conservatively funded which should pay off. In summary, our plan is in good financial shape, 75% funded which is after the collapse in 2008. Mayor Buelterman asked for an explanation regarding the unfunded surplus of $1.43m. Mr. Joyner said that when they do the evaluation each year they calculate the total liability that has been accrued to date under the program. That is the $5.6m in benefits that have been earned to date by all the employees. The $4.2m is the assets that are allocated that have already been paid in the system to pay for benefits. That leaves the $1.4m accrued liability that has already happened and has to be paid. Most of the liability occurred in 2008 when the market crashed. Mayor Buelterman asked Mr. Joyner where our plan was on the spectrum as to being conservation or aggressive. We are in the middle, little conservative of middle. He further explained that our pension plan is 55% invested in equity type vehicles and the remainder in fixed income vehicles which is fairly common nationwide. Mayor Buelterman asked Mr. Joyner to clarify why in June 2010 we had a significant investment income but that drastically decreased in December 31, 2010. He explained that it was twofold. The December 2010 period is for six months and the June 2010 has an adjustment that they made from the old GMEBS funding policy to the new policy. Kathryn Williams asked Mr. Joyner if there are any other steps the city should be taking at this time. Mr. Joyner compared Tybee to other cities. Tybee’s plan is fully funded by city contributions and our deferred comp plan is fully funded by employee contributions. Some cities have shifted cost between two plans and have added employee contributions to the defined benefit plan and a city match to the deferred comp plan. In that way they diversify the plan. He is neither recommending nor suggesting, it depends on the philosophy of the city. Her final question, with his work with other municipalities, is it typical that the fund is funded totally by the city? On the average, nationwide, public section plans usually have employee contributions ranging from 1-2% per pay day on the low end and double digits for police and fire departments. Whether you are in social security has a bearing on that. We are in social security so the employees are already contributing 6.3% to the program. The following department heads gave quarterly reports: Mary Hogan – Finance Department Woody Hemphill – River’s End Campground and RV Park, Monthly Financials Skip Sasser – Fire Department Joe Wilson – Department of Public Works Gina Casagrande – YMCA Robert Bryson – Tybee Island Police Department Dianne Otto – Community Development Department Citizens to Be Heard Lisa Callahan was pleased with the presentation by Erik Olsen on the harbor deepening. She thanked the council with rejecting the beach sand offer. She felt they made the right decision for the citizens of Tybee as well as visitors. She went further to explain that she found a report by the COE from June 2010 highlighting concerns about the sediments that are found in the dredge material in the Savannah River. There are several metals in the dredge materials that would have an adverse effect on Tybee Island. She once again thanked the council for the stand they took and asked they keep a watchful eye on all phases on the Savannah harbor process. We need to continue to hold the COE accountable for the quality of the dredge material. Susan Hill thanked the council for the opportunity to speak at the meeting. She mentioned to the council the generosity of Doyle Landscaping to Tybee Island, not only with food and time donations but also with donations of labor and materials for planting throughout the island. They represent a tremendous spirit of generosity and working toward a better hometown by giving back to the community they love and a community where they live and work. She believes there was never intent of underhanded activity on the part of anyone concerned in this matter. It was a simple case of people trying to support each other, the city of Tybee supporting local merchants and Doyle offering its resources to build the best community available. She hopes that this will be a learning opportunity about how we conduct our business with each other in the future and she would like to commend the city for keeping their money local and commend Doyle Landscaping for being a good community business. Monty Parks is proud how the planning commission handled the ad hoc committee, regarding the shore protection ordinance. He asked the council to make an evaluation on how long the ad hoc committee should last, the members that comprise the committee and they keep this rolling. He suggested the first meeting should be March 8, 2011 and schedule two a month, the second and fourth Tuesday. This is a Tybee matter going to the heart of every resident. It deals with one of our most important island resources. Kathryn Williams asked Monty how long he thinks it will take to do their work and complete the task. He explained that it depends on the direction it takes which would be determined by a preliminary report in 60-90 days. Consideration of Approval of Consent Agenda Paul Wolff moved to approve the consent agenda. Kathryn Williams seconded. The vote was unanimous. Public Hearings – Zoning Packet Separate Variance Request: Beach Hotel at Beachside Colony. Mayor Buelterman asked Mr. Hughes to explain the resolution. Mr. Hughes said that two months ago there was a public hearing regarding a variance request concerning one of the structures at the Beach Dune House. One of the problems they have is related to title issues because the structure is presently non-conforming because when it was applied to be built there were no setbacks in C-1 zone for any structure. This one was built in what would now be a side yard setback. The plat that was submitted at that time was of the entire project/development and it involved the corner of one building. It turns out it was applied to be built in accordance with the existing regulations. It has an encroachment on a side yard setback along Center Street. The plat that was presented before showed the setback being twenty (20) feet which was in error. It should have been five (5) on the side yard. They have now presented a plat for that structure only and are requesting a variance to alleviate the problems they are having with financing and titling issues. If the unit was to be destroyed it could not be rebuilt except with the conformity of the regulations with some sort of relief. Mr. Hughes received a letter from an attorney who pointed out the title issues at a closing. Mayor Buelterman asked what exactly were the concerns? Mr. Hughes explained due to the way the setback is depicted on the plat, if the structure was destroyed and a permit was not reapplied for within the six (6) months permitted under the current ordinance, it could not be rebuilt in its current footprint. It would have to be moved to meet the setbacks. Mayor Buelterman asked if this was not true with all the non-conforming structures. Mr. Hughes stated yes it applied to all non-conforming structures without a variance. If a variance is granted before or after the fact, it would no longer be considered non-confirming use. This is a unique situation as it was developed in stages. This property is not an unlawful use. The problem being if it were to be destroyed the obligations on applying to rebuild within a limited amount of time have created concerns from title companies. Mayor Buelterman asked Mr. Hughes to confirm his proposal which would be to grant the variance. Mr. Hughes said it would give them the relief they are seeking. They would also need to fix the plat showing the 3.5ft side setback. Mr. Robert McCorkle, attorney representing Beachside Colony Condominium Association and their owners, discussed the main concern is their ability to recover from a disaster, apply and obtain a permit with six (6) months from date of tragedy. Mr. Hughes interjected that according to the city’s land development code; a building permit to initiate restoration must be obtained within six (6) months provided further that mayor and council may provide an extension. The question for the council Mr. McCorkle stated is the physical circumstance and conditions of this building making it suffer a unique hardship? This building is built on a 0 foot lot line which was approved at the time. It is a condominium, it is a four story condominium, so whether the line is 20ft or 5ft is irrelevant to the issue that four units actually crossover this setback line. If the building were to come down and could not be rebuilt, you would have four owners who paid a collectively $2,063,000.00 for the units would lose their homes. All these units are long thin units, front on the beach and stacked on top of each other, lot line to lot line. If the lot line comes in, these units cannot be rebuilt on that lot. The four units disappear. That is where the title issue has become. The title problems are unique to the individual owner. The association does not own the building; there are 97 owners of Beachside Colony. They own the building collectively with the exception of the individual owners. By Georgia law the owners and association are required by law to rebuild the building exactly as it existed when it was originally built. Under the current circumstances they could not do that. Mayor Buelterman asked Mr. McCorkle if a variance were granted would this resolve the issues relative to the closing attorney issues. He believes it would. What they have asked to do is have a plat relative to a subdivision plat. They are working on a cleaner plat so the city would not be approving everything that is on the plat. Mr. McCorkle has reduced the plat showing setback variances approved where the building is sitting. He is not asking that it apply to the entire lot, just to where the building is currently sitting. Mayor Buelterman confirmed that the variance would be 8.5ft off Center Street. The total setback would be 10ft and the variance would be 8.5ft. on the side. This is the only variance that is being requested. The only reason Mr. McCorkle is requesting that it be recorded is for refinancing and for those who have not been able to sell their units. His underwriters will issue title insurance but will accept specifically out the setbacks, being a catch 22 for the owner. If they record a recorded plat and it is signed, in his opinion it is no longer a pre-existing non-conforming use, it will have a 1.5ft setback from that point forward. Wanda Doyle thanked Mr. Hughes for his hard work researching this issue and reaching an agreement for the variance. Mr. Hughes asked Mr. McCorkle if the council were to grant this variance as requested, does the physical structure occupy the entire lot. Mr. McCorkle confirmed, as it currently exists the physical structure occupies the entire width of the lot, i.e., the north/south view. Mr. Hughes asked if they received a variance on the southern boundary is there an issue with the northern boundary. If this is the case, we need to take care of everything now. He then asked if the ordinance on non-conforming uses was changed, as opposed as to this being done as a variance, would this change the title insurance issues? Mr. McCorkle feels you would still have the potential problems. Kathryn Williams asked that Mr. Hughes revisit Article 3 at the upcoming workshop. She feels that we need to look at the language referencing the six (6) month permitting process and include something to reflect that if city hall was incapacitated or non-operational they would get an automatic extension in the permitting process. Paul Wolff has the same issues as Mr. Hughes that if, based upon the rules of the condo association, the property line is now the perimeter of the building. This is also the property line that the city recognizes based upon the plat. The plat needs to be redrawn with the property line extended the 10ft to the north so there would be a built in side setback on the northern edge. Mayor Buelterman stated that the simple solution would be to grant the variance and in the future look at the non-conforming issues. This would give the residents relief. Mr. Hughes confirmed that the variance would be 8.5ft on the southern boundary. Mr. Robert Wiggins, a resident of one of the condos in question, explained that he sold his property for $455,000 last year and the individual that purchased it cannot get a clear title. He asked for relief. Frank Schuman moved to approve the 8.5ft side setback variance on the south side of the property. Wanda Doyle seconded. The vote was unanimous. Consideration of Ordinances, Resolutions Resolution for the creation of an ad hoc committee to review the Shore Protection Ordinance. A discussion was held as to how the committee would be made up. Shirley Sessions asked if staff should be included. Diane Schleicher felt that staff would be supporting but the committee be made up of the voting membership the council outlines. Kathryn Williams asked that if this is approved could it be advertised the following day, Friday, February 25th and then be appointed at the next council meeting, March 10, 2011. She also asked the mayor for clarification on how interested individuals would apply. He feels that they would need to just email the council. Diane Schleicher suggested that we do an application form that would be posted at city hall showing their qualifications. Dianne Otto would collect these applications and present at the next council meeting. A motion by Paul Wolff to establish a shore protection committee, consisting of three (3) planning commission members and the chair, two (2) beach task force members, three (3) citizens of the community which are directly affected by the Shore Protection Ordinance and two (2) city council members who will serve as ex officio, all to be appointed for a term of three (3) months from the date of their appointment and term of service may be extended at the discretion of council. Kathryn Williams seconded the motion. The vote was unanimous. The Mayor asked Diane Schleicher to contact Amy Lanier, Beach Task Force Chair, to submit two (2) names to serve on this committee. Kathryn expressed her interest to serve on this committee. Bank Tax Resolution Ordinance. Mr. Hughes explained that this is an opportunity to collect on revenue with respect to the bank that operates on the island. We are authorized to have a tax that is the banking equivalent to occupational tax and there is a resolution and ordinance that would accomplish this. Mayor Buelterman asked if the bank would object and Mr. Hughes explained that the bank is very aware of the situation. He further stated that we have an ordinance and resolution and needed to put it on the books as quickly as we can. He would like to consider this as the introduction and first reading and the second reading would be Saturday, February 26, 2011 at the city council workshop and would be in place by March 1, 2011. He also confirmed that the bank on the island would not be angry with the city if we enforced this taxation. Wanda Doyle moved to accept the Bank Tax Resolution and the first reading. Shirley Sessions seconded the motion. The vote was unanimous. Council, Officials and City Attorney Considerations & Comments 2nd Reading: Ordinance 46-23(a) (4), 46-24(d), 46-33(a) (4), 46-33(b), 46-33(c), 46-35: At Will Employment. Wanda Doyle asked Diane Schleicher if the language had been changed due to the exception by employees. She explained that the provisions of the City Charter indicate the employees are “at will” and can be dismissed with or without cause. Employees were concerned we would have an ordinance “without cause” and they suggested that we strike the section “without cause” and have only a section “dismissed with cause”. Wanda Doyle asked for comments from the council as to whether they agree or disagree. Kathryn Williams feels it is a legal question. Mr. Hughes stated that frequently in governmental employment, disciplinary “for cause” standards have been applied. From a financial standpoint “at will” is definitely the preferred method. From an employee morale standpoint, which he feels the council needs to factor into account, it outweighs the consideration. The Charter states employees are “at will” unless otherwise provided by ordinance. Kathryn Williams asked Mr. Hughes, if we remove the “with cause” from the policy, would it cover a position being cut, layoffs, etc. He said it would cover if the city had a reduction in force. This would also protect the city in those situations. Wanda Doyle asked if this included everyone working for the city or just one level. Mr. Hughes made a suggestion to clarify the language on page 115, paragraph 2 as follows: “In accordance with a hearing procedure requiring at least twelve (12) hours notice to the Department Head and the opportunity for the Department Head to respond and present evidence. No appeal is permissible from the City Manager’s decision by the Department Head.” Paul Wolff moved to approve the second reading with the additional language. Kathryn Williams seconded. The vote was unanimous. 2nd Reading: Ordinance 38-2: Court Cost. Paul Wolff moved to approve. Wanda Doyle seconded. The vote was unanimous. 2nd Reading: Ordinance 38-4: Court Cost / Technology Fees. Paul Wolff moved to approve. Wanda Doyle seconded. The vote was unanimous. Discussion: Kathryn Williams asked the City Manager to do a review of all fees on a regular basis, not every year – maybe every five (5) years, so we do stay current, especially within the Police Department and add it to the Action Item List. Mr. Hughes read a letter from Ray Smith, City Attorney for Richmond Hill regarding the Doyle Landscaping transaction issues. He rendered his opinion that Wanda Doyle did nothing wrong. Bubba did make a recommendation that all transactions in the future be done in a form of competitive bidding. He also thanked Mr. Smith for taking his time to research this issue. Diane Schleicher, Right-of-Way Certification for Historic Butler Pedestrian Public Safety Transportation Enhancement Grant Project (P. I. Number 0008997). Paul Wolff moved to approve. Kathryn Williams seconded. Motion carried 5 to 1 with Wanda Doyle against. Diane Schleicher, Curbside Accelerated Recycling Grant Program. Brown Property – Request for abandonment of Rifle Avenue right of way by the city. Mayor Jason Buelterman read a letter from Libby Bacon as she could not attend the meeting. She voiced her opposition to the city abandoning of the row and asked the city to inventory all their property and look at potential ways to put it use to benefit the citizens of Tybee. Diane Schleicher explained that the city received a request from a property owner to abandon a portion of the ROW on Rifle so he could combine his properties so he could have another buildable lot. The department heads met to discuss the pros and cons of this request and voted to reject his request. Kathryn Williams moved to reject the request from the Tybee Pigeon Club, LLC to obtain the right of way. Paul Wolff seconded. The vote was unanimous. City Managers Report Action Item update Derelict Structures. Mayor Jason Buelterman suggested that we invite our congressman to Tybee Island at low tide to see the structures as he would be able to assist us in getting federal funds for the removal of the derelict structures. Wanda Doyle would like Diane Schleicher to make available to city council members the minutes from the infrastructure committee meetings, the public safety committee meetings and the parking committee meetings so council members would always be aware of what was going on in their meetings. Bill Garbett would like to have all minutes in a timely manner, including city council minutes. His thoughts were within two weeks or prior to the next council meeting. Wanda Doyle agreed. Mayor Buelterman suggested that it be discussed at the city council workshop on Saturday. Executive Session Paul Wolf moved to go into executive session to discuss litigation and personnel. Wanda Doyle seconded. The vote was unanimous. Kathryn Williams moved to go back into open meeting, Paul Wolff seconded and the vote was unanimous. Adjournment Paul Wolff moved to adjourn. Frank Schuman seconded. The vote was unanimous