HomeMy Public PortalAbout050_020_20140227Minutes City Council Minutes 20140227
Consideration of Items for Consent Agenda
Mayor Buelterman called the consent agenda to order at 6:30PM on February 27, 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; Dianne Otto, Manager, Planning and Zoning
Department; and Janet LeViner, Clerk of Council.
Mayor Buelterman listed the following items on the consent agenda:
• Proclamation, Horne Depot Store #170
• Ronald Bossick, Appointment to Community Resource Committee
• Phillip Rosen, Historical Preservation Commission
• Cathy Lewis, Beach Task Force
• 2014 Tybee Island Beach Burn Parade (May 16): 6:30PM (North Beach parking
lot — Meddin — Van Horne — Butler — Tybrisa)
• Southern Traffic Solutions: for a solar powered, modem communications, in
pavement traffic counter proposal - $12,392 — Company has a publically bid state
contract and permit. The City can utilize the state's bidding process. Company
carne highly recommended by GDOT officials. Traffic counter would be installed
east of the Lazaretto Bridge in the two lane section. Counter is to be funded
with the police capital equipment. There are adequate funds available due to the
fact that the fixed location license plate reader was cancelled. Account number:
Capital equipment: 100-3210.54.2100 - $38,000 budget balance is available.
$9,000 is for the intoxication equipment. Discussion: Monty Parks questioned
the cost of the installation of the posts as well as the fee for the installation of
the solar panels. Ms. Schleicher explained this was a "turn-key" and all fees are
included. Mr. Callahan asked for clarification regarding the incoming and
outgoing lanes and what the counters are capable of as he has concerns that
personal information could be recorded. Ms. Schleicher reassured him that these
counters are basically the exact same type of counter the City has currently. She
explained that these counters are in-pavement counters and have the capability
to detect the speed of the cars which will alert the police officers to a possible
traffic slow down. Mr. Brown stated that it is his understanding that the new
counters are no different from what is in place but is better equipment and
imbedded in the asphalt. Ms. Schleicher confirmed and stated that installation
should be within three weeks.
• Initiate contract for revenue recovery with GMA through its debt collection
partner, Penn Credit. Contingency fee based on amount collected for accounts
aged under 2 years would be 16.5% and 19% for greater than 2 years.
Discussion: Ms. Schleicher clarified that this is for bad debt associated with
water/sewer and parking tickets. The City has used GMA in the past and has
been very success especially with the water/sewer collections. This agenda item
is for renewal as the agreement has expired. Mr. Callahan expressed his
concerns regarding inappropriate debt collection practices. Ms. Schleicher
assured mayor and council there would not be any as GMA oversees the process.
Mr. Hughes confirmed. Ms. Doyle asked Ms. Schleicher if there have been any
issues with debt collection regarding GMA in the past. Ms. Schleicher stated
that there were no reported issues in the past when GMA was under contract.
• Recommended contractor for the Jones Avenue Water Line Replacement and Lift
Station #6 Sewer Force Main Replacement - $1,198,221 for both.
o Sewer Main Lift-station No.
• 56 505.4310.54.1410 $722,378 $696,628 current budget balance
available
o Jones Avenue Water Line
• 505.4410.54.2107 $1,000,000 budget $992,752 current budget
balance available
Discussion: Ms. Schleicher explained this is for water/sewer and the City is
going to finance (100%) this project with a GEFA loan. There was a short
discussion regarding the GEFA loan process. Ms. Doyle recommended mayor
and council need to move forward with this project. Mayor Buelterman
expressed his concerns and asked for clarification of a start date. Ms. Schleicher
stated it will begin in March and scheduled to be completed in 6-9 months. She
explained the possible delays with traffic and how the contractor will lessen the
possible impact on residents.
• Mauldin and Jenkins to conduct the FY14 and FY15 Audit for $23,000 for each
fiscal year. Audit Committee recommended continuing with Mauldin and Jenkins
for next two years. Account number: 100-15123-52-1221
• SCADA system for 4 sewer lift stations: J. K. Durren Company quote - $26,270 —
Recommend accepting this sole source quote because this system configures to
the existing SCADA system with the wells. SCADA system will provide a remote
alarm system for issues with flows for four out of 13 sewer lift stations. The plan
is to add SCADA systems to all of the City's sewer lift stations which will be
addressed in the FY 15 budget. Infrastructure Committee recommended.
Account number: 504-4310-54-2100.
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: Chaplain Aaron Powell, American Legion Post #154
• Pledge of Allegiance
Recognitions and Proclamations
Mayor Buelterman recognized, Todd Smith, IT Department, as Employee of the
Quarter. He thanked Mr. Smith for all his hard work not only with his current position
but as a volunteer with the Tybee Island Fire Department. Ms. Doyle thanked Mr.
Smith as well for all his cost sharing recommendations with the new Tybee Island Public
Safety Building.
Mayor Buelterman recognized Home Depot Store #170 as they were instrumental in
the completion of the ADA ramp at American Legion Post #154. He read a
Proclamation which honored and expressed appreciation to Home Depot for their
donation of materials as well as volunteers in the completion of the ramp.
Consideration of the approval of the minutes of the regular meeting of the
Tybee Island City Council
• City Council Minutes, February 13, 2014. No action taken.
Report of Staff, Boards, Standing Committees and/or Invited Guests
Dick Smith approached mayor and council to report on the 2013 Audit. He explained
that the Audit was presented to the State prior to the due date of December 31, 2013.
Mr. Smith stated that this year there were only three finding which were corrected
immediately as opposed to the 57 findings from last audit. He contributed the success
of the audit to Finance Director, Angela Hudson.
Jim Kluttz approached mayor and council to introduce Melissa Turner, Executive
Director, Friends of Tybee Theater. Mr. Kluttz then recognized the Tybee Island Fire
Department for their assistance with the Polar Plunge. He presented a check in the
amount of $300.00 to Chief Sasser to show their appreciation. Mr. Kluttz then
discussed future events on Tybee Island and thanked the City for all their assistance in
planning these events. He explained that in approximately eight months the theater
should be operational. It will not be completed but will be usable and comfortable.
Quarterly Department Reports
• Finance Department
o IT
o HR
o Main Street Program
o Parking Services
o Tybee Island YMCA
o Planning and Zoning
Kim Webster, Visit Tybee, approached mayor and council to present the Tybee
Tourism Council's year-end report. She presented a 2013 wrap-up stating tourism is
3.5% above 2012 as well as interactive and social media. Ms. Webster also presented
the new logo and marketing strategy for 2014. She commented that tourism on Tybee
Island has contributed to 572 people who are directly employed and another 278 are
indirectly affected by tourism. Mayor Buelterman thanked Ms. Webster for all her hard
work in promoting Tybee Island.
Kathryn Propst, Community Resource Committee (CRC), approached mayor and
council to report on sustainability on the Island. She then described seven projects that
the CRC have been working on: (1) new police cars; (2) landfill and recycling; (3)
compost and rain barrel sale; (4) king tide project; (5) Memorial Park energy savings;
(6) glass crusher; and (7) wind turbine. Ms. Propst asked mayor and council to develop
and implement a comprehensive water and energy plan for Tybee Island. There was a
discussion regarding residential recycling as the participation is high but the amount of
materials going off the Island is only 17%. She discussed the trends relating to the
landfill and recycling, 2013 — 2014. Mr. Brown asked Ms. Propst if she could explain
why the two new police cars are recording different gas millage. Ms. Schleicher
explained that one vehicle is driven by a supervisor and the other is driven by an officer
that does traffic stops. Mr. Wolff thanked Ms. Propst for all her work with the CRC and
would urge mayor and council to accept the 20% reduction in carbon dioxide on the
Island by 2020. Mayor Buelterman and Mr. Callahan thanked Ms. Propst as well.
Citizens to be heard
Freda Rutherford approached mayor and council to congratulate Todd Smith for his
Employee of the Quarter Award.
Paul Wolff made a motion to approve the consent agenda. Rob Callahan seconded.
Vote was unanimous, 6-0.
Consideration of Ordinances and Resolutions
First Reading 15-2014, Indigent Defense Services. Mr. Hughes stated this
ordinance proposes to off-set the City's cost in providing indigent defense services. This
is also authorized by the State law. Wanda Doyle made a motion to approve. Bill
Garbett seconded. Vote was unanimous, 6-0
Second Reading, 18-2014, Article 3 — General Provisions
• 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. Rob
Callahan made a motion to approve. Paul Wolff seconded. Vote was
unanimous, 6-0.
• Text Amendment — Section 3-040 — Substandard Lots of Record.
Wanda Doyle made a motion to approve. Rob Callahan seconded. Vote was
unanimous, 6-0.
• Text Amendment — Section 3-090 — Schedule of Development
Regulations. Paul Wolff 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. Paul Wolff made a motion to approve. Wanda Doyle seconded.
Vote was unanimous, 6-0.
• Text Amendment — Section 3-120 — Access to Public Street Required.
Rob Callahan made a motion to approve. Monty Parks seconded. Vote was
unanimous, 6-0.
• Text Amendment — Section 3-130 — Structures to be Moved. Paul Wolff
made a motion to approve. Monty Parks seconded. Vote was unanimous, 6-0.
• Text Amendment — Section 3-140 — Unsafe Structures. Paul Wolff made
a motion to approve. Rob Callahan seconded. Vote was unanimous, 6-0.
• Text Amendment — Section 3-150 — Prohibited Uses in Residential
Districts. Rob Callahan made a motion to approve. Paul Wolff 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 3-165 — 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. Paul Wolff made a motion to approve. Rob Callahan
seconded. Vote was unanimous, 6-0.
• Text Amendment — Section 3-190 — Swimming Pool Requirements and
Placement. 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 3-230 — 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. Rob Callahan seconded. Vote was unanimous, 6-
0.
Second Reading, 12-2014-A, Sec 3-160, Buffering. Mr. Hughes confirmed that
language was changed from first reading as it applies to the consideration of a sidewalk
or other improvements permissible as a buffer. Wanda Doyle made a motion to
approve. Rob Callahan seconded. Vote was unanimous, 6-0.
Second Reading, 17-2014-A, Sec 3-060, B&B Regulations. Paul Wolff made a
motion to approve. Bill Garbett seconded. Voting in favor were Paul Wolff, Monty
Parks, Rob Callahan, Wanda Doyle and Bill Garbett. Voting against was Barry Brown.
Motion carried 5-1.
Second Reading, 16-2014, Sec 9-050, Copper Wire. Wanda Doyle made a
motion to approve. Rob Callahan seconded. Discussion: Mr. Parks expressed his
gratitude to all residents who approached him regarding this ordinance as it allows
mayor and council to remove a regulation as it increases personal responsibility. Mr.
Wolff and Mr. Brown stated that they could not approve this as they feel there are
major safety issues with the use of aluminum wiring. Mr. Garbett stated that if it is
properly wired and the connections are properly made, there are no issues with the use
of aluminum wire. Mayor Buelterman concurred. Ms. Doyle asked Ms. Schleicher if
there is a maintenance schedule in place for all city buildings. Ms. Schleicher confirmed
as all work is done by permits which ensures all wiring is done to Code. Mayor
Buelterman asked Ms. Schleicher how the electrical system maintenance program is
done. Ms. Schleicher stated that all buildings have been brought up to code and by
requiring a permit; it acts as a check and balance. Mayor Buelterman asked Ms.
Schleicher what the plan is going forward for maintenance of the electrical systems in
regards to city buildings. He further requested that this be done in writing and
presented to the Public Safety Committee at their next meeting. 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.
Council, Officials and City Attorney Considerations and Comments
Mayor Buelterman stated he would recommend that mayor and council set a time line
regarding the Long Term Beach Management Plan to include assignments for sand
fencing, crossovers, and dunes. Ms. Doyle confirmed and indicated that she would like
to be a part of the process along with establishing a committee to work together to
determine if the City needs to get outside assistance with the completion of the Plan.
Mayor Buelterman confirmed.
Mayor Buelterman stated that residents have approached him regarding locating
parking spaces for low speed vehicles near the beach. Mr. Wolff responded he is
favor of identifying potential spaces. Ms. Schleicher stated that staff will accompany
her next week to identify potential spaces and this information will be brought to the
next Parking Committee meeting for their recommendations. Ms. Schleicher suggested
that there are 40-60 potential spaces. Mr. Garbett recommended that staff make the
final decision with input from the Planning and Zoning office regarding spaces as he
does not feel this needs to come back before mayor and council.
Ms. Doyle stated that she had spoken with Diane Schleicher and Angela Hudson and
would like to look at a process to Restructuring the Audit Committee and would
like to move forward. She will bring something in writing to the second city council
meeting in March 2014. There were no objections.
Mr. Brown stated that he has been approached by residents regarding golf cart
parking permits. He would recommend that residents who have their golf carts
registered with Tybee Island Police Department be afforded a complimentary parking
decal. This would promote use of golf carts rather than vehicles on the Island. Ms.
Schleicher explained that with the golf cart ordinance, it is understood that in order to
legally park a golf cart, the owner would have to purchase a decal since ad valorum
taxes are not collected on the cart. There was a discussion regarding registering golf
carts with the Tybee Island Police Department which ensures equipment is properly
installed such as seat belts, lights, turn signals and amber lights. Proof of insurance is
also required. Mr. Garbett suggested that the resident provide the Tybee Island Police
Department their golf cart registration showing the proper district for residency and
bring that to city hall to receive a complimentary decal as a solution. Ms. Schleicher
agreed and suggested it would be a different type of decal as done with motorcycles.
Mayor Buelterman asked Ms. Schleicher to work with the Tybee Island Police
Department to devise a plan to see if this is even doable. Mr. Callahan suggested
reducing the cost of the decal since the value of the vehicle decreases each year. Ms.
Schleicher responded that the complimentary decal is considered a lost leader and is
the only true way to identify a resident and considered a benefit. Mr. Brown expressed
his concerns with the residential cost of the decal for a golf cart. Ms. Doyle agreed with
Mr. Brown regarding a reduced price for residents.
Mr. Brown would like to discuss maintenance vs structure repair in regards to
FEMA. He stated that Chatham County classifies some repairs as maintenance and
some are classified as structural repairs which would trigger the 50% rule. Mr. Brown
would like to understand what Chatham County considers maintenance versus
structure. He then asked Ms. Otto what could the City do to get better control with the
maintenance of a residence as opposed to structural repair. Ms. Otto responded that
for FEMA regulations even paint is considered an improvement to the structure. Tybee
Island does not require a permit to paint but when it is a residence that is not FEMA
compliant, FEMA considers any improvement of the structure to be part of the 50%
rule. Mr. Brown would like to meet with Chatham County to get a clarification. Mayor
Buelterman agreed and asked Mr. Brown to bring back a report to mayor and council at
a future council meeting.
Monty Parks would like to recognize volunteers during National Volunteer Week,
April 6 — 12, 2014 and would recommend mayor and council do several things in
recognition of our volunteers: (1) Brief letter of thank you to members of standing
committees; (2) Invite chairs of the committees to a meeting in April at which time
mayor and council will present a certification of appreciate; and (3) Questionnaire to
standing committees to ask for feedback to a few basic questions. Ms. Doyle thanked
Mr. Parks and recommended that this recognition be done in conjunction with Georgia
Cities Week, April 13 — 19, 2014. Mr. Wolff suggested that the questionnaire include a
question regarding how can mayor and council assist them. Mr. Parks confirmed.
Monty Parks expressed his thoughts on having a third pole to Lazaretto Creek
banner area and would ask mayor and council for their recommendation. Mr. Parks
stated that he would recommend adding a third pole on the marsh side of the existing
two poles at Lazaretto which would double the capacity and fits in with the design of
the area. Ms. Schleicher stated that Mr. Wilson, DPW, is currently reviewing and
reported to her that the cost would be $500 in labor and $500 in materials. Mr. Parks
stated that the American Legion is in favor of this recommendation. Ms. Doyle stated
she is not in favor of a third pole as currently the area is well organized and appealing
to visitors coming on the Island. Mr. Parks added that during the discussion with Mr.
Wilson, it was suggested that with the third pole there could be a consolidation of
existing signage. Monty Parks made a motion to explore adding a third pole to the
Lazaretto Creek area. There being no second, motion died. Discussion: Mr. Garbett
stated he is not ready to vote and would recommend that we approach the residents
and get public input as it will have an impact on the Island. Ms. Doyle asked for
clarification of his statement regarding consolidation of existing signage. Mr. Parks
explained. Mayor Buelterman recommended that Mr. Parks bring this item to the
second meeting in March with more details to include location and pricing. Mr. Parks
confirmed.
Bubba Hughes approached mayor and council to explain the Marine Science Lease
Exhibit and Resolution. He stated that there are three items before mayor and
council. The first is the recombination of lots and parking lot where the structure is
proposed which will need to be approved by mayor and council. Mr. Hughes explained
that the footprint of the area has changed slightly which necessitated some changes in
the terms of the final draft of the lease. He would recommend that mayor and council
approve the recombination as well as the resolution which closes that portion of
Wrenwood Avenue as a dedicated right of way. This now becomes a different use.
The final item is the lease of the property within the recombined lots. Mr. Wolff asked
for clarification that the lease is basically unchanged. Mr. Hughes confirmed as the
three things that have been changed are (1) the description of the property; (2) the
dune crossover on the eastern edge of the property which ensures that there is public
access for pedestrian traffic to include ADA compliance; and (3) deals with the parking
spaces as shown on the handout from Ms. Schleicher. Mr. Hughes explained those
changes which includes handicapped parking. Mr. Brown confirmed that all parking will
be open to the public. Mr. Garbett, referencing Limewood Drive, would like to know
who owns the property and would like clarification of existing parking spaces. Mr.
Hughes explained that this is not included in the Marine Science Center lease. Wanda
Doyle made a motion to approve the recombination of the lots associated with the
proposed Marine Science Center. Barry Brown seconded. Vote was unanimous, 6-0.
Wanda Doyle made a motion to approve the Resolution associated with Wrenwood
Avenue being deemed abandoned and ceased to be recognized for public road
purposed but to be retained by the City as public property, so as to be available as part
of the property for the construction of the new facility. Paul Wolff seconded. Vote
was unanimous, 6-0. Rob Callahan made a motion to approve the amended lease
between the City of Tybee Island and the Tybee Island Marine Science Foundation, Inc.
Wanda Doyle seconded. Discussion: Mr. Parks requested confirmation from Mr.
Hughes that this property would never be sold to a commercial establishment where
they would now be responsible for the lease. Mr. Hughes stated the City will own the
building and it would take mayor and council to approve any changes. Vote was
unanimous, 6-0.
Mayor Buelterman excused councilmen Monty Parks and Rob Callahan as they had to
travel to Athens, GA to attend the Newly Elected Training early the following morning.
Bubba Hughes: continued: Mayor Buelterman asked Mr. Hughes for clarification of
the following four proposed ordinances. Mr. Hughes responded these proposed
ordinances will have to be introduced so they can be adopted at any time after tonight
as this is part of the Land Development Code and requires public hearing. He stated
that the earliest these items could be heard would be the second meeting in March
2014. Mayor Buelterman referenced the upcoming CRS visit on April 16, 2014 and the
possibility of obtaining more points for flood insurance rates. Ms. Doyle stated that she
feels mayor and council needs to take time to set meetings with the builders on the
Island and no rush to make a decision. Mayor Buelterman discussed the House of
Representatives and Senate voting on the Biggert — Waters Bill relating to flood
insurance rates and recommended that mayor and council table the proposed
ordinances until such time as they receive clarity from the federal government. Ms.
Schleicher commented on the positive work the outside contractor is doing in assisting
the City on finding more points toward lowering the flood insurance rates. Ms. Otto
confirmed as there is a lot of opportunity for points outside of the drastic types of
actions related to height and fill. Mayor Buelterman asked Ms. Schleicher when the
report will be ready from the consultants. Ms. Schleicher responded that the
information will not be reviewed until April 16, 2014 when the actual visit occurs. Mr.
Garbett asked Ms. Schleicher to keep mayor and council updated with all information as
it is received. Ms. Schleicher responded that this is a work in progress and she will
keep mayor and council informed with information as it becomes available. Mr. Hughes
confirmed with Mayor Buelterman that the four proposed ordinances are not to go
forward to be heard by the Planning Commission and no action is to be taken. Mayor
Buelterman confirmed. There was a brief discussion regarding Ordinance Protection
regarding fire protection with your residence.
o 22-2014, Sec 3-090, Height, Introduction Only. No action taken.
o 23-2014, Sec 3-090, Schedule of Development Regulations as
regarding the Minimum Yard Setback Distance, Introduction
Only. No action taken.
o 24-2014, Sec 5-090, Variance, subsection (B) Height Variances,
Introduction Only. No action taken.
o 25-2014, Fill, Introduction Only. No action taken
Paul Wolff recommended that Solomon Avenue, two-way from Jones to 2"d
Avenue be considered by mayor and council as he has had residents approach him.
He stated that this will improve the flow of traffic to Jones Avenue during the summer
season and would only affect one block. He would also ask staff to review this for any
negative repercussions. Ms. Doyle stated the one-way has been in effect for several
years and it works and does not feel it should be changed. Mr. Garbett agreed with Ms.
Doyle and feels the one block change will create confusion. Mr. Wolff thanked
everyone for their input.
City Managers Report
• Action Item List
• Short Term Work Program
Minutes of Boards and Committees
• Audit Committee, September 5, 2013
• Main Street Board of Directors, December 18, 2013
• Beach Task Force, January 16, 2014
Paul Wolff made a motion to adjourn to Executive Session to discuss personnel and
real estate acquisition. Wanda Doyle seconded. Vote was unanimous, 4-0.
Bill Garbett made a motion to return to regular session. Wanda Doyle seconded.
Vote was unanimous, 4-0.
Paul Wolff made a motion to adjourn. Bill Garbett seconded. Vote was unanimous,
4-0.
Meeting adjourned at 9:30PM