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HomeMy Public PortalAbout050_010_20140213CityCouncilMinutesAmended City Council Minutes 20140213 Consideration of Items for Consent Agenda Mayor Buelterman called the consent agenda to order at 6:30PM on February 13, 2014. Those present were Mayor pro tern Wanda Doyle, Paul Wolff, Monty Parks, Rob Callahan, Barry Brown and Bill Garbett. Also attending were Diane Schleicher, City Manager; Bubba Hughes, City Attorney; Tommy Branch, Callaway, Braun, Riddle and Hughes, PC; Dianne Otto, Manager, Planning and Zoning Department; and Janet LeViner, Clerk of Council. Mayor Buelterman listed the following items on the consent agenda: • January 23, 2014, City Council Minutes • Brenda Marion, Main Street Board of Directors, Re-appointment • Tybee Island Mardi Gras (March 1): 12PM — 11PM (Tybrisa St., Roundabout, portion of 16th Street parking lot): Parade at 2PM (4th St — Butler — Tybrisa — Strand) South End Association of Bars and Restaurants (SEABAR). Discussion: Mayor Buelterman asked Ms. Schleicher where the event is going to be located. Ms. Schleicher responded SEABAR was going to set up at the round-about. She explained that SEABAR is asking that city fees be waived as they were not able to participate in the grant process during the budget cycle. Mr. Garbett asked if the crossover would be closed during the event. Ms. Schleicher confirmed and explained that local business owners were notified of the road closure and that Butler would not be affected. Ms. Doyle stated that she has encouraged SEABAR to fill out the proper grant paperwork for next budget cycle. A discussion ensued regarding fees and Mr. Wolff suggested that the fees be capped at $2,000. Ms. Doyle stated that SEABAR was not afforded the opportunity to submit paperwork at the budget cycle as they had not taken the responsibilities of events at that point. Ms. Schleicher stated that previously fees had not exceeded the $2,000 cap. Mayor Buelterman suggested that fees be waived up to previous fee waiver or $2,000, whichever is greater. Mayor and council agreed. • Alcohol License Request — Special Event — Beer/Wine — SEABAR, Tybee Island Mardi Gras, March 1, 2014 • EPD Consent Order (CO) and City of Tybee Water and Sewer Department Corrective Action Plan (CAP) — Attached is a stream lined version of the CO that the EPD staff has agreed with city staff to approve. The Infrastructure Committee recommended approval of the first longer draft version on 1/9/14 (3- 0). This current revision of the CO and CAP provides more clarity of what is required in the CO and CAP for the both EPD and city staff. Account Number: 505-4310-52-3600 (Sewer Administration Dues and Fees). Discussion: Mr. Wolff stated that this was discussed in depth at the recent Infrastructure Meeting and the revised consent is as good as it is going to get. The Infrastructure Committee recommended that mayor and council approve this agenda item. He further explained that the corrective action will take approximately six months and the EPD was assured that all corrective measures will be completed within that timeframe. Mayor Buelterman asked Ms. Schleicher if all the water/sewer lines that were identified during the summer been repaired. Ms. Schleicher stated that the Plan and Consent Order is to repair the lift station (#6) back to the Waste Water Treatment Plant and has been identified in the Corrective Action Plan. Mayor Buelterman asked Ms. Schleicher to contact Mr. Reese and have him identify any lines that need to be address so it can be included in the budget cycle. • Nomination of Wanda Doyle, Mayor pro-tem to Third Vice President, District 12, GMA. Discussion: Mayor Buelterman explained that Mayor pro-tem Doyle has worked extremely hard within District 12 and he would like to nominate her for Third Vice President. Mayor and council confirmed. Mayor Buelterman asked Mr. Hughes to clarify the policy that is in place associated with the private parking lots in a residential area. He stated that parking would only be allowed during specific weekends of the year. Mr. Hughes confirmed. Mr. Hughes stated that no changes have been made to the current ordinance and it allows mayor and council to set the dates, time of operation and any conditions that are appropriate. Mayor Buelterman asked Mr. Hughes for a recommendation regarding approval of the four parking lots in residential areas. Mr. Hughes responded that each parking lot could be treated individually or as a group. There was a short discussion regarding the weekends of operation being Memorial Day, 4th of July and Labor Day which would be a total of ten days. Mayor Buelterman recommended that the commercial and residential parking lots be treated individually. Mr. Hughes confirmed. Mayor Buelterman called the regular meeting to order at 7:00PM. All those present for the consent agenda were present. Opening Ceremonies • Call to Order • Invocation: Jan LeViner • Pledge of Allegiance Report of Staff, Boards, Standing Committees and/or Invited Guests • Jim Kluttz, Polar Plunge, Future Events and Introduction of Melissa Turner, Exec Director, FOTT. Due to a conflict, did not attend. Paul Wolff made a motion to approve the consent agenda. Monty Parks seconded. Vote was unanimous. Public Hearings Annual Review of Private Parking Businesses • Sunrise Parking — 1511 Butler Avenue and Ocean Plaza/Resort Inn — 1401 Strand. Mayor Buelterman clarified that this item is for commercial parking lots which would operate year round. Will Jordan, 1511 Butler Avenue approached mayor and council to speak in favor of this item. He stated that there are no changes in the operation of the parking lot. Mr. Parks asked staff if there were any recorded complaints associated with the two commercial parking lots. Ms. Schleicher stated none. Monty Parks made a motion to approve these two parking lots for their annual review. Wanda Doyle seconded. Vote was unanimous, 6-0. • Renee Bridges — 1001 Butler Avenue, Bramble Family — 215 Lovell, Joyce Prescott — 214 Second Avenue, Jack Rosenberg — 203 Fourteenth Street. Mayor Buelterman stated these four parking lots operated for a total of eight days, surrounded by three holidays: Memorial Day, 4th of July and Labor Day. He would recommend mayor and council hear from the public and then go forward with a motion. Dr. Setline, #1 10th Street, approached mayor and council to speak in opposition of the residential parking lot on 1001 Butler Avenue. He described problems associated with this parking lot which included traffic and pedestrian traffic. Steven Fisher, #11 10th Street approached mayor and council to speak against the approval of the private parking lot on 1001 Butler Avenue. He thanked mayor and council for the compromise in 2013 with limiting the dates of operation and would request that if approved the dates of operation would continue to be limited to the three holidays. Marianne Bramble approached mayor and council to speak in favor of this item. She would further request mayor and council grant a license that would permit her to operate her lot at 215 Lovell for 32 days of operation. This of course is contingent upon the weather. Joyce Prescott, 214 Second Avenue, approached mayor and council to speak in favor of this agenda item as these lots are being used for overflow parking only. Kitty Williams approached mayor and council to speak in opposition of the private parking lots in residential zones. She stated that the City does not need private parking lots in residential areas as it is a disservice to the citizens and speaks to spot zoning. Ms. Williams also described the public safety issues with the lot on Second Avenue and the City needs to address parking on the Island. She concluded by stating that the solution to the parking is not to put parking lots in residential zones. Jimmy Williams approached mayor and council to speak in opposition of the private parking lots in residential zones. He stated that this is spot zoning and would ask mayor and council to not approve residential parking lots. Mr. Garbett stated he is supportive of the private parking lots in residential areas as it alleviates some of the congestion on the Island. He is in agreement with the compromise for days of operation from the previous year. Bill Garbett made a motion to approve operation during the three major holidays, Memorial Day (3 days); 4th of July (4 days); and Labor Day (3 days). Paul Wolff seconded. Discussion: Mr. Parks requested Mayor Buelterman review the fee structure for these four lots. Mayor Buelterman stated that the fees were reduced previously. Ms. Schleicher stated that the business license is $135.00 and the regulatory fee is $200.00. Mr. Brown expressed his concerns with the four private parking lots in residential areas. Mr. Hughes clarified there is a motion on the floor and if approved, permits would be limited to the number of vehicles reflected on the application and survey as being permissible at each location to include the property corners being marked. Mr. Brown asked Ms. Schleicher for clarification of compact cars parking in the residential parking lots. Ms. Schleicher stated that vehicles are required to park within the property lines which would preclude parking in the City rights-of-way. The compact cars would park in the smaller areas and the larger cars where there is depth on the lot. Those voting in favor were Paul Wolff, Monty Parks, Rob Callahan, Wanda Doyle, and Bill Garbett. Barry Brown opposed. Motion carried, 5-1. Variance — 13 T.S. Chu Terr.; PIN 4-0009-04-006; Zone C-1; Roy Ogletree, petitioner; consideration of height variance request. Barry Brown recused. Dianne Otto approached mayor and council stating that this item is an after the fact variance request for height at 13 T.S. Chu Terrace. The Planning Commission heard this item and voted to deny 4-1. She stated that the property was surveyed by a licensed surveyor and the height of the current structure as elevated is 43.22 feet above sea level. Further the average grade which was calculated for this property and certified is 6.875. Once calculations were done, the structure is at 36' 4.1" which is 1' 4.1" above the 35' height limit island wide. Mayor Buelterman asked for clarification of the flood map. Ms. Otto stated the structure is AE base flood. She further explained the grade calculation and the 1' freeboard requirement. Ms. Doyle commented that the resident does deserve relief with this agenda request. She further stated that mayor and council need to review the current Code due to the changes in the freeboard requirement to include the terminology "hardship". Ms. Doyle explained the residence was built in 1930 and the owners chose to elevate the home due to several issues. She would ask for input from mayor and council as well as Mr. Hughes regarding moving forward with relief for the homeowner. Mayor Buelterman stated the City has until April 1, 2014 for the Community Rating System (CRS) reviews and there needs to be continuity with a decision going forward. He then asked Ms. Otto if this request could be place on a future agenda, allowing the owners to occupy the structure and return to mayor and council after the freeboard and associated impacts are determined. Mr. Hughes stated it is difficult to have a text amendment reviewed, properly published and to have a public hearing prior to April 1, 2014. He defined that if the applicant is in agreement, mayor and council could withhold action and grant a temporary certificate of occupancy. Ms. Otto stated that the structure is currently being occupied without consulting staff and safety requirements were done the date of the move in to make the habitation possible. Mr. Garbett confirmed that this is an after the fact variance request. Ms. Otto responded that the building permit would not have been issued to elevate the structure without the residents agreeing to cut the roof as it would have been an illegal structure due to the height limit on the Island. Mr. Garbett recommended that mayor and council contend with the request on its own as he would like to see the roof line preserved for the benefit of the street scape. Mr. Parks stated that if a structure is at 35' and at ground level, with the owners wanting to do the right thing by raising the structure, a conditional certificate of occupancy should be granted to accommodate the 3' freeboard. Mr. Wolff agreed and is concerned with lowering the City's CRS rating which includes the provision of fill dirt, measuring the structure from the adjacent grade not the foot print of the structure, and look at a provision for residents who elevate the building out of the flood plain to give them up to 3' of height variance on a case by case basis. Roy Ogletree approached mayor and council to speak on behalf of Ms. Baber who is the owner of the property. Mr. Ogletree provided mayor and council with additional drawings which were not in the packet (attached). He explained that the only differences were that he combined the drawings from previously submitted to show the 35' height of the structure. He discussed that Ms. Baber does have a hardship as she is between FEMA and Tybee regulations. She is required to go to the 15' finished floor elevation to the lowest point of the duct work due to Tybee regulations therefore it is a hardship. Mr. Ogletree stated that a permit was applied for and granted to raise the structure to the absolute minimum which complied with FEMA standards and the 1' freeboard. He would ask for relief for Ms. Baber. Mr. Garbett asked Mr. Ogletree why a variance was not requested prior to the onset of the project as it would have been the proper procedure to follow. Mr. Ogletree stated it was not intentional as the structure was sitting down with no crawlspace so that an accurate measurement could be taken for the duct work. Once the underneath was cleared so it could be surveyed it was then confirmed that the duct work was going to be below what is required. He then described other options which would have compromised the living space as well as costly to the owner. After all options were weighed Ms. Baber decided to ask for a variance. Ms. Doyle questioned why the builder of the residence installed the duct work under the house. Mr. Ogletree responded that this was the choice of the builder and it was not a bad decision. Mr. Parks asked Mr. Ogletree when the structure was first raised. Mr. Ogletree responded that the process began in late November and was completed in December 2013. Mr. Parks asked Ms. Otto who would seal these drawings for height, an architect or a surveyor. Ms. Otto responded either but what is not known is the average grade for each of the projects not only in the past but current. She confirmed that the permit was granted on December 5, 2013 to raise the structure and December 19, 2013 for renovations. Mr. Hughes interjected that the average grade before a structure is built is determined before any alteration of the ground is completed. Mr. Parks discussed his concerns with the drawings as related to the existing structure to include fill. Mr. Ogletree responded that there is no way to know what was done pre-construction. Mayor Buelterman then asked Mr. Ogletree how high above base flood level is the duct work. He responded 1' above base flood. Mayor Buelterman thanked Mr. Ogletree for answering all mayor and council's concerns. Bert Barrett, professional land surveyor, approached mayor and council stating that he was responsible for completing all the survey work for the owner of the residence. He further explained that Ms. Baber did not ask nor did she pay him to speak before mayor and council. He has compassion for Ms. Baber and is before mayor and council to give history on the height requirement. He then explained how the 35' height limit ordinance was adopted as former Mayor pro tem Jack Youmans desire was to have staff approve all height questions and not go before the Planning Commission or mayor and council. As time passed, all variances came before mayor and council. Mr. Barrett explained that the elevations before mayor and council are the original ground elevations as he did the drawings. He then asked for compassion for Ms. Baber as topography is a hardship. Mayor Buelterman thanked Mr. Barrett. Charlie Kirk approached mayor and council to speak in favor and this request. Mr. Kirk explained that he is before mayor and council to also speak in favor of the house as it has been standing since 1938 and is a family house. Mayor Buelterman thanked Mr. Kirk for his comments. Wanda Doyle made a motion to approve. Bill Garbett seconded. Discussion: Mr. Parks expressed his concerns in respect to granting variances as he feels mayor and council need to revisit the 35' height limit with regard to bringing in line with FEMA. Voting in favor was Paul Wolff, Monty Parks, Wanda Doyle and Bill Garbett. Rob Callahan opposed. Motion carried 4-1. Text Amendment — Section 9-050(B) — Technical Codes Adopted, copper wire; consideration of change to copper wiring requirement. Dianne Otto approached mayor and council stating this is a first reading of a text amendment and would strike from the current ordinance the requirement that all electrical wiring service be copper wire. Planning Commission heard this agenda item and there was a motion to approve and passed 4-0 in favor of the motion. Mayor Buelterman expressed his thoughts mandating copper over aluminum. Johnny Russell approached mayor and council to speak in favor of copper wiring as there is oxidation with the salt air when using aluminum wiring. He explained that copper is more expensive but does a better job in regards to safety issues. Mr. Russell also showed mayor and council a burnt piece of aluminum wiring which was taken from an air conditioning unit. Ms. Doyle asked Mr. Russell the age of the unit. Mr. Russell responded that the residence was built in the 1970's and further discussed problems in other homes where aluminum was used. Ms. Doyle responded that in her research it is the older homes that are having safety issues as improvements have been made regarding aluminum. She stated that the National Electrical Code (NEC) states that as long as the correct aluminum feeds are used there are fewer safety issues. Mr. Russell explained that when using aluminum, it expands and contracts which makes lugs loose. He does not feel that the lugs loosen due to improper insulation but to the load put on the wiring. Mr. Russell stated that he is in favor of retaining the requirement for copper wiring as it is beneficial to the homeowner. Ms. Doyle referenced correspondence from Elkins Constructors as well as Greenline Architecture in favor of using aluminum wiring. Her goal is to give homeowners a choice. Mr. Wolff confirmed and asked Mr. Russell if using aluminum wire is a fire hazard or is it a nuisance to keep tightening the connectors. Mr. Russell responded it is a nuisance and an expense. Mr. Wolff expressed his concerns regarding public safety and the use of aluminum wire. Mr. Parks thanked Mr. Russell for his time and asked for clarification of the sample of burnt wiring he presented to mayor and council. Mr. Russell explained that it was an example of interior wiring. Mr. Parks agreed with Ms. Doyle with giving a choice to residents regarding their choice of wiring. Mr. Brown stated he will continue to use copper feed in the buildings he constructs as he has concerns with safety of the homeowners. Charlie Kirk approached mayor and council stating he is a licensed contractor and would ask that aluminum wire be disallowed and continue to approve copper wire. George Rentiers approached mayor and council and would ask that the City does not revert back to approving aluminum wire as it is a public safety issue. Ms. Doyle discussed the bid process with the wiring for the new public safety building. Bill Garbett made a motion to approve. Monty Parks seconded. Discussion: Mr. Wolff stated his concerns with safety issues in using aluminum wire. Mr. Garbett responded that it is well documented problems in using aluminum wiring in the 1970's as there were faulty connections. This has now been improved. Mr. Garbett explained that Georgia Power uses aluminum wire in their installations as it is more efficient. Mr. Brown expressed his concerns as he would not use aluminum wire in his residence. Voting in favor were Monty Parks, Rob Callahan, Wanda Doyle and Bill Garbett. Voting against were Paul Wolff and Barry Brown. Motion carried 4-2. Text Amendment — Section 3-060 — Bed & Breakfast (Residential); consideration of amendment to requirements for bed & breakfasts. Dianne Otto approached mayor and council to explain this agenda item. She stated that this text amendment is a result of different considerations mayor and council have heard regarding residential bed and breakfasts (B&B) and parking issues. What is before mayor and council is a clarification of special review as related to special event applications and parking issues. Ms. Otto explained that the Planning Commission recommended changes in the language as shown in the packet and approved the changes 4-0. Ms. Doyle asked for clarification of the requirement for handicapped parking. Ms. Otto stated that the handicapped parking is based on the requirements of the American Disabilities Act (ADA) approved table and based on the total number of parking spaces. Ms. Doyle asked Ms. Otto her preference regarding this issue. Ms. Otto stated that her preference is the original version that Planning Commission received not the version they voted to approve as she is not in favor of parking to be off-site or shuttle people. A discussion ensued regarding monitoring the number of guests at these events and how best to ensure there is only 20 guests in attendance. Monty Parks made a motion to approve the language that is proposed prior to the Planning Commission addition. Barry Brown seconded. Discussion: Mayor Buelterman and Mr. Parks expressed their concerns regarding parking at the B&B's during special events. Ms. Doyle stated she would agree with Ms. Otto as all applications are reviewed by staff and are aware of all instances and possible violations regarding parking. Ms. Schleicher further explained the stipulations regarding parking for residential parking. Voting in favor were Paul Wolff, Monty Parks, Wanda Doyle, Barry Brown and Bill Garbett. Rob Callahan opposed. Motion carried 5-1. Text Amendment — Section 3-106 — Protective Screening of Adjacent Property; consideration of amendment to buffering requirements. Ms. Otto approached mayor and council to explain this agenda item. She stated that this outlines the requirements for commercial use abutting a residential use as there are basic requirements of what a buffer or protective screening is to be made up of. Ms. Otto stated if a proposal does not meet the requirements, mayor and council may treat the proposed plan under special review and incorporate any conditions or changes as needed. This will not be considered special review where an additional $500 fee is required as the petitioner did not meet the basic requirements of the protective screening. Also, the Planning Commission consideration was a motion to approve with a vote of 4-0. Ms. Doyle would recommend that language in Sec 3-160(C)(1) be removed regarding the provision that in no instance will a street sidewalk be permissible as a buffer. Ms. Otto stated that this was discussed at the Planning Commission meeting and it was their desire not to include in their motion. Mr. Hughes clarified that Sec 3-1260(C) is to ensure the ordinance conform with mayor and councils previous instances (three times). He then explained the history with the provision regarding the requirement for a buffer adjacent to a street sidewalk. Wanda Doyle made a motion to approve as written with the exception of Sec 3-160(c)(1) which would include the change in language, "street, sidewalk or other like improvements will not ordinarily constitute a buffer" in Sec 3-160(C)(1). Paul Wolff seconded. Vote was unanimous, 6-0. Mayor Buelterman asked Mr. Hughes for clarification regarding the protocol for the following agenda item. Ms. Otto explained that this is an agenda request so that mayor and council adopt them as written. Mr. Hughes stated that the text amendments as listed have not been changed from what was previously approved as this is a procedural issue to avoid any future problems. Consider possible changes to the following section of Article 3: • Text Amendment — Section 3-020 — Continuance of Non-confirming Uses/Structures. Paul Wolff made a motion to approve. Rob Callahan seconded. Vote was unanimous, 6-0. • Text Amendment — Section 3-030 — Reduction in Lot Area. Monty Parks made a motion to approve. Rob Callahan seconded. Vote was unanimous, 6-0. • Text Amendment — Section 3-040 — Substandard Lots of Record. Wanda Doyle made a motion to approve. Rob Callahan second. Vote was unanimous, 6-0. • Text Amendment — Section 3-090 — Schedule of Development Regulations. Monty Parks made a motion to approve. Rob Callahan seconded. Vote was unanimous, 6-0. • Text Amendment — Section 3-110 — Single-family Residential Standards/Manufactured Home Standards/Recreational Vehicle Standards. Monty Parks made a motion to approve. Paul Wolff seconded. Vote was unanimous, 6-0. • Text Amendment — Section 3-120 — Access to Public Street Required. Monty Parks made a motion to approve. Rob Callahan seconded. Vote was unanimous, 6-0. • Text Amendment — Section 3-130 — Structures to be moved. Monty Parks made a motion to approve. Wanda Doyle seconded. Vote was unanimous, 6-0. • Text Amendment — Section 3-140 — Unsafe Structures. Paul Wolff made a motion to approve. Wanda Doyle seconded. Vote was unanimous, 6-0. • Text Amendment — Section 3-150 — Prohibited Uses in Residential Districts. Marianne Bramble approached mayor and council asking for clarification of the definition of prohibited uses in residential districts. Mr. Hughes read verbatim from the ordinance. Monty Parks made a motion to approve. Rob Callahan seconded. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan, Wanda Doyle and Bill Garbett. Barry Brown opposed. Motion carried 5-1. • Text Amendment — Section 3-165 — Greenspace. Paul Wolff made a motion to approve. Rob Callahan seconded. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan, and Bill Garbett. Voting against were Wanda Doyle and Barry Brown. Motion carried 4-2. • Text Amendment — Section 3-170 — Home Occupations and Home Business Offices. Monty Parks made a motion to approve. Rob Callahan seconded. Discussion: Mr. Brown requested Ms. Otto clarification of the text amendment. Ms. Otto read verbatim from the ordinance. Vote was unanimous, 6-0. • Text Amendment — Section 3-190 — Swimming Pool Requirements and Placement. Marianne Bramble approached mayor and council and would ask this amendment to be read into the record and further asked if this pertained to the proposed public swimming pool and its location. Mayor Buelterman responded that it is mandated that it be 5' back from the property line where the pool is and would not affect the proposed community pool. Mr. Hughes confirmed and read verbatim the section regarding the 5' easement requirement. Monty Parks made a motion to approve. Rob Callahan seconded. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan, and Bill Garbett. Voting against Wanda Doyle and Barry Brown. Motion carried 4-2. • Text Amendment — Section 3-230 — Turtle Nesting Protection. Paul Wolff made a motion to approve. Rob Callahan seconded. Vote was unanimous, 6-0. • Text Amendment — Section 3-240 — Wetlands Protection. Paul Wolff made a motion to approve. Monty Parks seconded. Vote was unanimous, 6-0. Adopt Zoning Map advertised for a public hearing but no action to be taken. Mr. Hughes stated that the zoning map is in the room and has been reviewed. He explained there is a text amendment to accompany the zoning map and has not been through the Planning Commission for review. He would further recommend that this item come back before mayor and council with the text amendment as it refers to the zoning map. No action taken. Consideration of Ordinances and Resolutions First Reading, 20-2014, Municipal Code Section 58-179, Regulatory Fees; Schedule; City of Tybee Island petitioner; consideration of amendment to private parking lot fees. Mr. Hughes explained that the cost of the license fee for private parking lots in residential areas is $135.00 and what is before mayor and council is the regulatory fee. Bill Garbett made a motion to approve with the regulatory fee for private parking lots in residential zoned areas $1.00. Paul Wolff seconded. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan, Wanda Doyle and Bill Garbett. Barry Brown opposed. Motion carried 5-1. Second Reading, 01-2014, Article 8, Flood Damage Prevention; City of Tybee Island, petitioner; consideration of increased freeboard requirements. Mayor Buelterman reminded mayor and council that the site visit will not be until April 1, 2014. He then asked Mr. Brown what progress he has made with working with developers and others regarding this ordinance. Mr. Brown stated that he met with Jimmy Brown to discuss lowering our CRS rating. He does not disagree with the freeboard but has concerns regarding the 2' freeboard. There was a subsequent discussion regarding the 50% rule and the possible height variance. Mayor Buelterman clarified that if a resident is between 1' and 3' of freeboard and something happens to the residence other than flood damage that requires more than 50% of the structure being rebuilt under FEMA guidelines, it would be required to be rebuilt with 3' of freeboard. Mayor Buelterman would recommend that a workshop be scheduled with local builders, Jimmy Brown, Monty Parks and Barry Brown to arrive at a plan. Mr. Garbett confirmed. Mr. Wolff stated that what needs to be done is to consider the greatest good for the greatest number of people as there may not be a large number of people that would fall into the 2' category with 51% damage done to their residence. He would recommend mayor and council approve a 3' freeboard requirement on first reading and this would move the process forward. Mayor Buelterman stated his concerns with first and second readings and would like to move forward with a plan. Jimmy Brown stated that he is working with CEMA to insure they are working with Tybee to lower the City's CRS rating. Mr. Hughes recommended that this agenda item be advertised for a public hearing on March 13, 2014 and possible second reading. As this would be permissible if the ordinance had been previously introduced. Mr. Wolff confirmed and would ask that the Planning Commission to look at an ordinance regarding fill in relationship to a grade higher than the adjacent grade. Mayor Buelterman confirmed and asked Ms. Otto to include on the agenda for the Planning Commission meeting in March. Ms. Otto confirmed. No action taken. Council, Officials and City Attorney Considerations and Comments Residential Driveways, Sec 3-080, Policy on staff water testing. Wanda Doyle recused. Mr. Hughes stated that as a result of the joint workshop between the Planning Commission and Mayor and Council a draft ordinance is now being reviewed by the Planning Commission. Clarification of policy is needed currently in respect to the testing phase. He explained that Mr. Davis stated at the workshop that properly installed pavers meet the 1" retention standard and staff is requiring a determination as to testing. Mr. Brown stated that if the pavers were not maintained once installed it would be a moot point. Ms. Schleicher reminded mayor and council that testing is a policy and not part of the current ordinance. Mr. Wolff stated that he is in agreement for no testing if the pavers are installed and maintained properly to include a 1/16" spacer and accommodate the first once inch of rainfall. Ms. Otto confirmed that inspections would be done. Paul Wolff made a motion that the Planning and Zoning Department have oversight for installing pervious driveways and testing is not required. Rob Callahan seconded. Voting in favor were Paul Wolff, Monty Parks, Rob Callahan, and Bill Garbett. Barry Brown opposed. Motion carried 4-1. Clerk's Note: Mr. Brown later clarified he had intended to vote in favor of the motion, not against. Paul Wolff made a motion to adjourn to Executive Session to discuss litigation and real estate acquisition. Bill Garbett seconded. Vote was unanimous Bill Garbett made a motion to return to regular session. Paul Wolff seconded. Vote was unanimous. Paul Wolff made a motion to adjourn. Wanda Doyle seconded. Vote was unanimous. Meeting adjourned at 9:45PM Jason Buelterman, Mayor Janet LeViner, Clerk