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HomeMy Public PortalAbout20110714CCPacket AMENDED AGENDA REGULAR MEETING OF THE TYBEE ISLAND CITY COUNCIL July 14, 2011 7:00PM Please silence all cell phones during Council Meetings I. Consideration of Items for Consent Agenda 6:30PM II. Executive Session III. Opening Ceremonies Call to Order Invocation: Father Peyton Pledge of Allegiance IV. Recognitions and Proclamations V. Consideration of the approval of the minutes of the regular meetings of the Tybee Island City Council 1 Draft Minutes, May 12, 2011 2 Draft Minutes, June 9, 2011 3 Draft Minutes, June 23, 2011 4 Draft Minutes, June 30, 2011 5 Draft Minutes, July 7, 2011 VI. Consideration of Boards, Commissions and Committee Appointments VII. Reports of Staff, Boards, Standing Committees and/or Invited Guest Limit reports to 10 minutes. 1 Community Resources Committee – Rusty Fleetwood a) Recycling 2 Shore Protection Ad Hoc Committee – Monty Parks 3 Campground Monthly Financials VIII. *Citizens to Be Heard: Please limit comments to 3 minutes. Maximum Allowable time is 5 minutes. 1 Cathy Liberatori/Carol Hesson 2 Ralph Douglas Jones, Parking meters on Butler Avenue (asked to be taken off) 3 Gerald Schantz, Signs on Tybee (asked to be taken off) 20110714 CC Packet 2011070137 000_011_000001 IX. Consideration Local Requests & Applications-Funding, Special Events, Alcohol License 1 Tybee Fest, Labor Day Beach Bash, September 4, 2011, Pier, 7:00 – 11:00PM X. Consideration of Bids, Contracts, Agreements and Expenditures 1 Right of Way Mowing and Maintenance Agreement XI. Consideration of Approval of Consent Agenda XII. Public Hearings 1 Millage Rate 2 122 Lewis Avenue; Zone R-1-B; Cindy Kelley and Kenneth Zapp 3 301 Jones Avenue; Zone R-2; Patrick Fucci 4 Article 3, Section 3-160 – Protective Screening of Adjacent Property where Commercial use and Residential use Abut; City of Tybee Island, petitioner 5 Planning Commission Minutes, June 21, 2011 XIII. Consideration of Ordinances, Resolutions 1 First Reading, Ordinance 29-2011, Use of Restroom Facilities 2 Section 3-120, Text Amendment 3 Community Development Department Fee Schedule 4 Article 7, Tree Removal Regulations XIV. Council, Officials and City Attorney Considerations & Comments 1 Addressing concerns of private parking lots – Bubba Hughes 2 2 Memorial Park planning meeting – Kathryn Williams 3 Charter School Update – Mayor Buelterman XV. City Managers Report XVI. Minutes of Boards and Committees 1 Friends of the Tybee Theater a) Minutes for May 19, 2011 2 Community Resource Committee a) Minutes for March 21, 2011 b) Minutes for April 18, 2011 c) Minutes for May 16, 2011 3 Public Safety Committee a) Minutes for April 11, 2011 4 Green Team a) Minutes for May 24, 2011 5 Marine Science Center 20110714 CC Packet 2011070137 000_011_000002 a) Minutes for January 26, 2011 b) Minutes for February 23, 2011 c) Minutes for March 23, 2011 6 Tybee Beautification Association a) Minutes for June 8, 2011 XVII. Executive Session 1 Discuss litigation, personnel, and real estate acquisition XVIII. Possible vote on litigation, personnel and real estate acquisition discussed in executive session. XIX. Adjournment *PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings, should do so during the citizens to be heard section. Citizens wishing to place items on the council meeting agenda must submit an agenda request form to the Clerk of Council’s office by Wednesday at noon, eight days prior to the scheduled meeting. Agenda request forms are available outside of the Clerk’s office at City Hall and at www.cityoftybee.org. THE VISION OF THE CITY OF TYBEE ISLAND “is to make Tybee Island the premier beach community in which to live, work, and play.” THE MISSION OF THE CITY OF TYBEE ISLAND “is to provide a safe, secure and sustainable environment by delivering superior services through responsible planning, preservation of our natural and historic resources, and partnership with our community to ensure economic opportunity, a vibrant quality of life, and a thriving future.” 20110714 CC Packet 2011070137 000_011_000003 20110512DraftMinutes/jrl 1 20110512 City Council Minutes Mayor Buelterman called the consent agenda meeting to order at 6:30PM on Thursday, May 12, 2011. City Council members present were Mayor pro tem Shirley Sessions, Wanda Doyle, Bill Garbett, Frank Schuman Sr., Kathryn Williams and Paul Wolff. Also in attendance were City Attorney Bubba Hughes, City Manager Diane Schleicher, Zoning Specialist Dianne Otto and Acting Clerk of Council Jan LeViner. Mayor Buelterman listed the following items on the consent agenda. Special Event Application: Tybee Island Holiday Parade, December 3, 2011 at 1:00PM from 14th Street to the Tybee Island YMCA. Special Event Application: Critz Tybee Run Festival, dates TBA (Friday/Saturday running events), various locations. o Mayor Buelterman asked Diane Schleicher if the council could approve an event with the dates TBA. Ms. Schleicher asked Chantel Morton, Better Hometown Coordinator to come forward and explain the event. Ms. Morton stated the event would take place the first weekend of February 2012 and then introduced Robert Espinoza with Fleet Feet, who took questions from the Council. Mr. Espinoza stated that they are turning the Critz Tybee Run into a Critz Tybee Run Fest. The goal of this event is to keep all participants and their families on the Island for the weekend. There will be a 5K on Friday night beginning at 6:00PM which will be Savannah’s first night run. The 10K on Saturday morning will begin at 7:00AM with the half marathon to kick off at 8:30AM. That afternoon at 1:00PM the beach run will start followed by a 2.8 mile beach run followed by the final a mile run, total 26.2 miles. Ms. Sessions asked Ms. Schleicher if DPW would be prepared for the event. She confirmed that they had looked at the event and there were no issues. GIRMA Grant – Safety Equipment and Training Grant Application – The grant funds 100% and no local match is required. Police Department will use funds for body armor, reflective vests and other safety equipment. Second Amendment to Water Tower Tower Attachment Lease Agreement, City of Tybee Island and Alltel Communication, LLC. Cary Langston, Verizon Wireless, explained they are proposing to add three towers to the water tank on Van Horn Street. Mr. Hughes was provided the lease agreement reflecting a rent increase of $500.00 per month for all three towers. Mr. Hughes stated that this is an existing lease which has an option for a five (5) year renewal and he sees no reason not to approve the lease. Resolution, City of Tybee Island to hold Municipal Election on Tuesday, November 8, 2011 Resolution, City of Tybee Island to appoint a Municipal Registrar which will review the list of proposed electors and to perform other duties in cooperation with the Chatham County Board of Registrars. o Mr. Hughes suggested that Janice Elliott, HR Manager, be appointed to this position with assistance from Ms. Otto. 20110714 CC Packet 20110707 050_010_000001 20110512DraftMinutes/jrl 2 Mayor Buelterman introduced Julian Pafford, Regional External Affairs Manager and Stan Scarborough, General Manager, Coastal Region, Georgia Power who are attending the Council meeting to discuss the Georgia Power’s response time in conjunction with the recent fire on 18th Street. The response time for Georgia Power to Tybee Island is currently forty-five (45) minutes as their “trouble men” do not take bucket trucks home with them. Ms. Williams asked if it was true the “trouble men” would have to go to the west side to pick up a bucket truck. Mr. Pafford stated that it was true but in the future they would try and stage a truck near Tybee Island. Mr. Garbett asked where the closest bucket truck is presently located. Mr. Pafford stated that is was on Highway 17. Mr. Garbett then stated that he would like Georgia Power to work on a better response time plan. Mr. Scarborough confirmed that in the future they would be working directly with Chief Bryson to coordinate a location where a a police escort would meet the bucket truck to assist with clearing traffic. Mayor Buelterman posed the question, “Is there is a way Georgia Power can remotely cut service to Tybee Island in case of emergency?” Mr. Scarborough indicated that currently electrical service could be cut for the entire Island. In the near future, when the sub-station is upgraded, it will allow them to remotely shut off service to specific quadrants of the Island. They do try and maintain a response time of forty five (45) minutes. However, there are currently no regulatory, federal or state, requirements in regards to response times. Mayor Buelterman called the regular meeting to order at 7:00PM. Everyone present at the consent agenda was still in attendance. Mayor pro tem Shirley Sessions gave the invocation and everyone recited the Pledge of Allegiance to the flag. Reports of Staff, Boards, Standing Committees and/or Invited Guests. Paul Coote, 4-H Burton Center Director invited Council and the Tybee community to the 4-H Center’s free Open House on Saturday, May 14, 2011 from 12:00PM – 3:00PM. He would like everyone to come and visit with the sea turtle, Clover, who is set to be released in August. The Burton Center hopes to raise enough money during this event to purchase a satellite tracker for Clover. Quarterly Reports were given by the following departments: George Reese – Water and Sewer Department Ricky Goodman – AMR Report Mary Hogan – Finance, Human Resources, Parking and IT Joe Wilson – Public Works, Parks and Facilities Gina Casagrande – YMCA Chantel Morton – Better Hometown Program Dianne Otto – Community Development Department Consideration Local Requests and Applications Funding, Special Events, Alcohol License Special Event Application: Tybee Island Holiday Parade, December 3, 2011 at 1:00PM from 14th Street to the Tybee Island YMCA (Approved during the consent agenda) 20110714 CC Packet 20110707 050_010_000002 20110512DraftMinutes/jrl 3 Special Event Application: Critz Tybee Run Festival, dates TBA (Friday/Saturday running events) various locations (Approved during the consent agenda) Approval of permit allowing horses to be used during the Tybee Arts Association play on May 14, 2011. WITHDRAWN Public Hearings 502 First Street, Tybee Village, LLC. Ms. Otto stated that this request has been heard twice by the Planning Commission and passed 4-2. Ms. Doyle asked the exact location of the shark statue. Ms. Otto said it would be to the west of the building in the grassy area and adjacent to the side of the building. Mr. Hughes concluded that this is a structure not a sign and meets the setback requirement. Mr. Rocker spoke to Council and agreed that they are willing to plant additional trees to screen the structure from the adjacent homeowners. Pat Locklear spoke against the shark structure. He feels it is too commercialized and wants to keep the beauty of Tybee Island intact. Jack Rosenberg spoke on the behalf of the the Village of Tybee HOA. They asked that this request be denied. Ms. Doyle asked Mr. Hughes to address the definition of “structure” as defined in the LDC. He read from the LDC and established that this would be considered a structure. Ms. Doyle confirmed with Mr. Rocker that this property is in the C-2 corridor. Mr. Wolff asked Mr. Hughes how this “structure” is affected by FEMA. Ms. Otto acknowledged that it would be anchored. Joshua Navon who is employed at Waves stated that visitors are not afraid of the shark statue. Ms. Williams asked if the shark statue could be moved to the front of the store. Mr. Rocker replied that due to the parking requirement it could not be moved. Ms. Otto confirmed that the height of the structure is 12’. Bill Garbett moved to approve subject to the additional planting of evergreen trees behind the structure provide a screen for the homeowners. Wanda Doyle seconded. Discussion: Ms. Sessions and Ms. Williams both asked Mr. Rocker to work with the adjoining neighbors to make it as pleasant as possible with this structure. Voting in favor were Paul Wolff, Kathryn Williams, Shirley Sessions, Bill Garbett and Wanda Doyle. Frank Schuman voted against. Site Plan: 106 S. Campbell. Ms. Otto stated that this request was heard by the Planning Commission and approved 6-0. Ms. Williams stated she was recusing herself from this petition. Mr. Gay spoke in favor of this request and asked for approval. Frank Schuman moved to approve. Wanda Doyle seconded. Voting in favor were Paul Williams, Frank Schuman, Shirley Sessions, and Wanda Doyle. Vote was 5-0 in favor. Minor Subdivision: 1230 A & B Solomon Avenue, KE Family Enterprises, LLC, Zone C-2. Ms. Otto stated that this was heard by the Planning Commission and approved 6-0. Mr. Wolff asked for clarification if there was a fire wall in the duplex. Ms. Otto confirmed there is a fire separation between the two duplexes in the laundry room area and does meet fire code requirements. Wanda Doyle moved to approve. Frank Schuman seconded. Vote was unanimous. 20110714 CC Packet 20110707 050_010_000003 20110512DraftMinutes/jrl 4 Zoning Variance: 1211 6th Avenue. Ms. Sessions disclosed that she is in close proximity to the property. Ms. Otto stated that this was heard by the Planning Commission and the motion to deny was 5-1. Ms. Williams asked how many variances has this property received over the past few years. Ms. Otto did not have that information at hand. Marilyn Brown-Gordon spoke against this request and asked to deny the request. Mr. Garbett stated that with the addition you would reduce the off street parking from two (2) to one (1). Kathryn Williams made a motion to deny. Frank Schuman seconded. Vote was unanimous. Zoning Variance: 1409 Second Avenue, Erik Puljung, Zone R-2. Ms. Otto stated this was heard by the Planning Commission and motion to approve failed 2-4. This is a request for a mechanical package unit to be replaced at the residence without compliance of the change-out standard of putting the outside unit on a platform. The unit is currently on the ground and staff requests that it be be elevated. Ms. Doyle asked if this were new construction would be required to elevate as it goes against Tybee’s Flood Damage Prevention Ordinance. Ms. Otto confirmed and if approved could have an effect on our designation by FEMA. Mr. Puljung stated that the house is below the flood plain. He further confirmed there are other units with bottom vents but still require a large platform. Mr. Schuman made a motion to approve. Ms. Doyle seconded. Discussion: Ms. Doyle posed the question regarding the FEMA rating if this request was approved, would this effect FEMA rates. Mr. Hughes agreed that this could affect everyone’s rates. He further stated that this is a pre-FEMA construction and it is unique as it is not new construction. Voting in favor of the motion was Frank Schuman. Voting against were Paul Wolff, Kathryn Williams, Shirley Sessions, Wanda Doyle and Bill Garbett. Motion is denied. Shirley Sessions made a motion to deny variance. Kathryn Williams seconded. Voting in favor was Paul Wolff, Kathryn Williams, Shirley Sessions, Wanda Doyle and Bill Garbett. Voting against was Frank Schuman. Motion to deny variance carried. Paul Wolff made a motion to approve the Consent Agenda. Kathryn Williams seconded. Vote was unanimous. Consideration of Bids, Contracts, Agreements and Expenditures COPS Grant – Request to Apply for Funding for a Full-time Police Officer – Grant funding is 100% of pay and benefits for the first three years and the fourth year is 100% City cost. Mayor Buelterman asked Ms. Schleicher to further explain the COPS Grant. She stated that she spoke to Chief Bryson and he would like one officer, which would be assigned to the power shift, i.e., Thursday, Friday, Saturday and Sunday. This would give additional presence during the tourist season. Mayor Buelterman stated that the stipulation of the grant is for three (3) years federally funded and you have to keep the officer for an additional twelve (12) month period. Ms. Schleicher confirmed and further stated that the City would be responsible the salary, benefits, uniform and patrol car for the fourth year. Ms. Doyle reported that the grant had been discussed at the Public Safety Committee Meeting and the Committee feels it would be a good point to put the new hire on the busiest shift. Ms. Doyle feels there is going to be more of a demand on the Tybee Island Police Department with tourism and special events and she 20110714 CC Packet 20110707 050_010_000004 20110512DraftMinutes/jrl 5 would ask Council approve this request. Ms. Williams agreed and stated this might be an opportunity to cut down on overtime. Wanda Doyle made a motion to approve. Shirley Sessions seconded. The vote was unanimous. GIRMA Grant – Safety Equipment and Training Grant Application – Grant funds 100%, no local match required. Police Department will use funds for body armor, reflective vests and other safety equipment. (Approved during the consent agenda) Agreement and Authorizing Resolution for Transportation Enhancement Activities between the Department of Transportation State of Georgia and the City of Tybee Island – Project CSTEE-0008-00(997) P.I. No. 0008997 – Historic Butler Avenue Pedestrian Safety Project – Construction of SR 26/Butler Avenue FM CS 809/14th Street to CS 804/Tybrisa. Ms. Doyle stated she is not in favor of the project as she feels there will be safety issues. Ms. Schleicher further stated that there would be no loss of parking spaces. Mr. Schuman agreed with Ms. Doyle regarding the traffic issues. Mr. Wolff explained that it will slow traffic down, enhance the area and provide more safety due to the median between the lanes going north and south. There would be no downside to the project. Mayor Buelterman asked Ms. Schleicher for a cost breakdown. She reported that it would be $125,000 Federal/GDOT and $31,250 SPLOST funds. Ms. Schleicher reported that the project would start in October and take approximately six (6) months to complete. With this timeline it would not hinder the tourist season. The only issue would be the Critz Tybee Run Fest. She will include verbiage in the contract so as not to disrupt this event. Kathryn Williams made a motion to approve and authorizing resolution. Paul Wolff seconded. Vote passed 5-1. Voting in favor were Paul Wolff, Kathryn Williams, Frank Schuman, Shirley Sessions and Bill Garbett. Wanda Doyle voted against. McKenzie and Highway 80 Cross-walk Bid. Mayor Buelterman stated that the bids came in very high and the City had only budgeted $18,000. Ms. Schleicher reported that there was a discussion at the Infrastructure Meeting and turned the floor over to Mr. Wolff. He explained that everyone was in agreement to do the project as it is such a huge public safety and economic development issue and they would like to get the project going before the season starts. The Infrastructure Committee recommended approval conditional upon staff talking to the contractor to see if he can reduce the bid so Tybee Island can move forward on this project as it will take 6-8 weeks to complete. Mr. Wolff asked Council to approve the project contingent upon funding. A 90 day permit has been granted from DOT and the City needs to move quickly to avoid expiration of the permit. Ms. Doyle is concerned about the funding and suggested that we wait till after the next budget workshop to give Ms. Hogan and Ms. Schleicher time to research additional funding. Ms. Schleicher suggested that there be a Special City Council meeting following the next Budget Workshop on May 19, 2011. Second Amendment to Water Tower Attachment Lease Agreement, City of Tybee Island and Alltel Communication, LLC (Approved in the consent agenda) 20110714 CC Packet 20110707 050_010_000005 20110512DraftMinutes/jrl 6 Consideration of Ordinances, Resolutions 1st Reading, Article 3, Sections 3-110, 3-160, 3-165, 3-170, 3-230, 3-240. Mayor Buelterman suggested that we wait until May 26, 2011 when Ethan Imhoff, Zoning Planning Manager will be in place. Resolution, City of Tybee Island to hold Municipal Election on Tuesday, November 8, 2011. (Approved at the consent agenda). Resolution, City of Tybee Island appoints a Municipal Registrar, Janice Elliott, which will review the list of proposed electors and to perform other duties in cooperation with the Chatham County Board of Registrars. (Approved at the consent agenda). Resolution, City of Tybee Island is authorized to permit and regulate package sales by retailers of malt beverages, wines, and distilled spirits on Sundays between the hours of 12:30 and 11:30PM. Paul Wolff moved to pass the resolution. Wanda Doyle seconded. Vote was unanimous. Adjournment Wanda Doyle made a motion to adjourn. Bill Garbett seconded. Vote was unanimous. 20110714 CC Packet 20110707 050_010_000006 20110609CityCouncilDraftMinutes 20110609 City Council Minutes Mayor Jason Buelterman called the consent agenda meeting to order at 6:30PM, June 9, 2011. City Council members present were Mayor pro tem Shirley Sessions, Wanda Doyle, Bill Garbett, Frank Schuman, Sr., Kathryn Williams and Paul Wolff. Also in attendance were City Manager Diane Schleicher, Dana Braun, Callaway, Braun, Riddle and Hughes P.C., Zoning Manager Ethan Imhoff and Acting Clerk of Council Jan LeViner. Mayor Buelterman listed the following items on the consent agenda: City Council Draft Minutes, May 19, 2011 1st Annual North Georgia Surfers for Autism, July 23, 20011, 9:00am till 4:00pm, south of pier. o Don Ryan from the North Georgia Surfers for Autism addressed Council regarding his event to be held July 23, 2011. They are a non-profit group and hold events for special needs children, mainly autism. They will provide a number of events during the day as well as lunch all at no charge. He has the full support of the Fire Department, Police Department and Ocean Rescue. Mr. Wolff thanked Mr. Ryan and asked if he had contacted DNR to ensure they are in compliance. He responded yes. Ms. Williams asked if any conditions set by DNR were problematic. He said no. Mr. Ryan asked Mayor and Council if he could use his 4X4 vehicle to assist in unloading their supplies. Ms. Schleicher will check and report back to Mayor and Council. Out of state travel for Mayor Buelterman in July 2011 to Washington, D.C. Executive Session: Mr. Wolff made a motion to adjourn to Executive Session to discuss litigation, personnel and real estate acquisition. Mr. Schuman seconded. Mayor Buelterman called the regular meeting to order at 7:00pm. Those present at the consent agenda were still in attendance. Chief Robert Bryson gave the invocation and led everyone in the Pledge of Allegiance to the flag. Joey Burel presented a proposal for the Rising Tide Community Food Pantry. The proposed food pantry has the support of the Tybee community to include local churches, Tybee Market, residents, YMCA and hopefully the City. Residents will simply show proof of Tybee residency, i.e. water bill. The pantry will be open on the third Monday of each month. She is asking permission from the City to house the pantry in the kitchen closet located in the cafeteria of the Old School, and distribute from the cafeteria when not in use by other groups. Ms. Doyle asked Ms. Burel to explain how the pantry would be stocked initially. Ms. Burel reported Mr. Monty Parks, Second Harvest, has graciously volunteered their services. Thereafter they can purchase food from Second Harvest with donations received. Any food that cannot be purchased due to lack of funds, they will then approach the local churches for assistance. Ms. Williams asked if an emergency arises would food be made available. Ms. Burel feels that the YMCA would be 20110714 CC Packet 20110707 050_020_000001 20110609CityCouncilDraftMinutes able to accommodate those circumstances. Mr. Schuman made a motion to approve. Ms. Doyle seconded. Vote was unanimous. Mayor Buelterman asked Mr. Garbett to summarize the recommendation from the Parking Committee. He explained that Parking Services Staff asked for recommendations on how to enforce parking in City right of way (ROW), specifically where people were receiving tickets, coming to City Hall and complaining about the ticket as they said they had permission from the resident to park in the ROW. Parking Services explained they could not distinguish between a “friend” and a visitor to the beach. The Committee then suggested that parking in the City ROW would require a pay and display ticket. A public hearing was held and it was recommended residents could allow their friends to park on the City ROW in front of their property but they could also state they didn’t want anyone parking in the ROW as they considered it their front yard. Mr. Braun commented that the ROW belongs to the City and does not belong to the adjoining property owner. The City is the only entity that maintains control of the ROW. If the City is going to allow parking in the ROW it should be in designated ROW parking areas. Ms. Williams asked Mr. Braun if we could avoid legal problems that were previously described if we rescinded policy that was approved at the last Parking Committee meeting. We could then promote Tybee as a pay to park community and allow parking in designated areas. Mr. Braun agreed. Mayor Buelterman stated that the intent of the Council is to arrive at solutions to the parking problems not to create them. Ms. Williams feels that where the City ROW is extensive, paid parking should be allowed and enforced. Ms. Doyle agreed that we need to look at designated parking spaces, making sure they are marked, other areas where parking could be designated and come to a solution and educate visitors as well as residents. Mr. Schuman agreed. Ms. Sessions asked Ms. Schleicher if towing should be considered in problematic areas. Ms. Schleicher stated that the local company did not have a storage lot but she thought we could get a contract with Sapp’s Towing. She further stated that it is not a legal issue but a logistical issue. Mr. Braun added that if the City institutes towing it must be clearly marked to include “if you are illegally parked – towing will be enforced”. Mr. Wolff agreed the Council needs to do everything possible to minimize encroachment into the residential neighborhoods. He also would like to suggest that a map of designated parking areas/spaces be made available to the public through the media, Savannah Morning News and the Better Hometown Newsletter. Ms. Williams asked Mr. Braun if residents had visitors and they parked in the City ROW would they be cited. He confirmed they would if it was not a designated parking area. Mayor Buelterman stated there is consensus that the City needs to designate parking spaces and then educate the public to only park in those spaces. Mr. Braun feels that it is possible to come up with reasonable rules to accommodate residents having guests. Mayor Buelterman stated that they need to come up with options regarding signage, possible towing for violators, media options, and establish a rule that states you can only park in designation spaces. Ms. Doyle made a motion to rescind the Parking Committee policy as stated on the back of the current water bill. Ms. Williams seconded. Vote was unanimous. Discussion: Mr. Braun reiterated that the City needs to be clear that you cannot park in the City ROW unless it is a designated parking space which would require a pay and display. 20110714 CC Packet 20110707 050_020_000002 20110609CityCouncilDraftMinutes Mayor Buelterman asked if anyone would like to speak to come forward. George Dawsey, 13th Street. Mr. Dawsey feels parking is a bigger problem requiring a bigger solution. He asked Council not to make people’s front yard a parking lot. Karen Kelly, 1701 Butler. Ms. Kelly thanked Council for realizing the issues at hand. Her issues include protecting the vegetation and tress, signage that would benefit visitors that parking is full and trash/recycling receptacles need to be placed at all designated parking places. Angela Byers, 911 Jones. Ms. Byers suggested we need to use other alternative parking locations such as Memorial Park. Bob Tompkins, 9th Terrace. Mr. Tompkins suggested that if the City bans parking in City ROW, a resident should be able to get a permit which would allow parking for their guests. Pam O’Brien, Lighthouse Lane. Ms. O’Brien didn’t realize the City allowed parking in the City ROW. Recently she has noticed visitors parking in the City ROW and feels we need enforcement. She asked that the City not designate additional parking the in City ROW. Frank Kelly, 1701 Butler. Mr. Kelly reminded Council that designated parking has been in place since 1983 which stated that you could you could park anywhere on the Island using pay and display as long as the area was not marked “no parking”. We need to look at restriping the rear parking lot at Ocean Plaza and a police officer at 14th Street redirecting traffic to other possible parking areas/spaces. He suggested that we raise parking prices on the weekend which might encourage visitors to come during the week. Ms. Sessions made a motion to approve the consent agenda. Mr. Wolff seconded. Vote was unanimous. Public Hearings 2012 Budget Hearing. First Reading. Mayor Buelterman stated there would be two hearings on the 2012 Budget, this meeting and June 23, 2011 at which time there would be a vote to adopt. Karen Kelly asked that recycling be made available to the commercial district. There are three restaurants that currently recycle, North Beach Grill – complete recycling; Social – complete recycling; and Huck-a-poos -everything but glass and he is willing to do that but the City needs to find means and a place to recycle. We need to separate trash from our bottles and cans and buy a glass crusher. Tybee Island needs to become the green community they claim to be. Ms. Schleicher reported that one hundred (100) new garbage cans have been ordered for the beach as well as an additional fifty (50) recycling bins on the beach. Mayor Buelterman reminded everyone that at the June 23, 2011 City Council meeting, Mary Hogan, Finance Director will give a presentation on the budget to include revenue and expenditures. 20110714 CC Packet 20110707 050_020_000003 20110609CityCouncilDraftMinutes 211 Butler Avenue. 211 Butler Avenue, LLC requests an after-the-fact variance for a setback encroachment at 211 Butler Avenue, located in the C-1 zoning district. Mr. Yellin, attorney for the petitioner, stated the encroachment was not intentional. They are seeking a variance of 5”. They applied for an encroachment permit from DOT which has been granted. Mr. Yellin also reminded Council, inspections are not done when foundations are poured but at the time of final inspection. Ms. Doyle suggested the City required a survey once the foundation is completed. Mr. Yellin confirmed that other jurisdictions do require a survey where Tybee Island does not. Ms. Sessions asked Ms. Schleicher to add foundation inspections to the Action Item List. Mr. Yellin doesn’t believe there is any negative impact on anyone and they take full responsibility. Ms. Sessions asked Mr. Braun if Council made a motion to approve can restrictions/conditions be put in place. He suggested that additional landscaping be included. Mr. Yellin stated that they have planted an additional six (6) oak trees and they are willing to add more at the recommendation of Council. Marianne Bramble opposes the 3rd Street access and feels Council should deny the variance. They were supposed to bring the green space all the way down to the north end of the property which hasn’t been done. There continues to be a lighting issue and the property needs to be cohesive with the neighborhood. She then asked Mr. Braun if Council could deny this variance with conditions. He stated that Council could do that. Ms. Bramble once again asked that Council deny the variance. Valarie Rome, 301 Lovell. Ms. Rome has growing concerns with new construction. She would request that Council give serious consideration for allowing this variance. Ms. Rome further asked to demand enough compensation so there is a stiff consequence of pay for disregarding the City’s ordinances and codes. Ms. Williams feels this was not an intentional encroachment on the ROW but there also needs to be accountability and consequences. Ms. Williams made a motion to approve with the following conditions: (1) all dead trees be replaced; (2) vegetation must be extended the length of the property that abuts Lovell Avenue; (3) understory must to be planted to further buffer the residents from the business; (4) lighting issue must be addressed; and (5) gutter system needs to be in compliance with the ordinance as the run-off is not contained. Mr. Wolff seconded. Mayor Buelterman is concerned about the subjectivity of the motion and how to place parameters on the motion. He asked Ms. Williams what exactly the petitioner would have to do to correct the lighting. She recommended that they consult with Georgia Power. Ms. Williams asked Mr. Braun for language on withdrawing her motion. Mr. Braun said you would want to defer consideration of this variance until petitioner can bring forth specifics as to lighting and an understory plan and at that time it would be continued until a later City Council meeting. Ms. Williams withdrew her motion. Mr. Wolff withdrew his second. Mr. Wolff made a motion to continue petition until petitioner presents a plan to extend the vegetative buffer the length of 3rd Street and Lovell with the exception of the driveway, contain all run-off including that coming from the downspout on to the property and present a lighting plan that 20110714 CC Packet 20110707 050_020_000004 20110609CityCouncilDraftMinutes will not impact the neighbors negatively. Ms. Williams seconded. Vote was unanimous. Discussion: Petitioner to bring plan to the July 14, 2011 City Council meeting. 4 Alger Avenue, Lot Recombination. Mr. Imhoff reported that the Planning Commission approved this request as submitted. Mr. Wolff made a motion to continue the petition until July 14, 2011 when Ms. Courington, manager of the owner, could speak with the owners as to the possibility of combining lots 6 and 7, leaving lot 8 as is. Ms. Sessions asked Ms. Courington what is the intent of the owner for the lots. She replied that since the property is zoned residential it would be the same. Mr. Wolff withdrew his motion. Mr. Garbett made a motion to approve site plan as presented. Mr. Schuman seconded. Voting in favor was Ms. Williams, Mr. Schuman, Ms. Sessions, Ms. Doyle and Mr. Garbett. Mr. Wolff voted against. Consideration of Ordinance, Resolution Amendments to Ethics Ordinance – First Reading. Mayor Buelterman asked asked Mr. Braun what changes were being presented to tonight. Mr. Braun read from notes sent from Mr. Hughes that it would eliminate the provisions in the current ordinance dealing with auxiliary members of the commission. Ms. Sessions made a motion to approve. Mr. Wolff seconded. Vote was unanimous. Land Development Code: Article 3-110. Second Reading. Mr. Wolff made a motion to approve. Ms. Doyle seconded. Vote was unanimous. Land Development Code: Article 3-165. Second Reading. Ms. Sessions made a motion to approve. Mr. Wolff seconded. Those voting in favor were Mr. Wolff, Ms. Williams, Mr. Schuman, Ms. Sessions and Mr. Garbett. Ms. Doyle voted in opposition. Land Development Code: Article 3-170. Second Reading. Mr. Wolff made a motion to approve. Mr. Schuman seconded. Vote was unanimous. Land Development Code: Article 3-230. Second Reading. Mr. Garbett made a motion to approve. Ms. Doyle seconded. Vote was unanimous. Land Develop Code: Article 3-240. Second Reading. Mr. Wolff made a motion to approve. Ms. Williams seconded. Vote was unanimous. Mr. Wolff made a motion to adjourn to Executive Session to discuss personnel, litigation and real estate acquisition. Mr. Schuman seconded. Vote was unanimous. Mr. Wolff made a motion to return to regular session. Ms. Williams seconded. Vote was unanimous. Mr. Wolff made a motion to adjourn. Ms. Williams seconded. Vote was unanimous. 20110714 CC Packet 20110707 050_020_000005 20110623 City Council Minutes Mayor Jason Buelterman called the consent agenda to order at 6:30PM on June 23, 2011. Those present were Mayor pro tem Shirley Sessions, Bill Garbett, Wanda Doyle, Frank Schuman, Kathryn Williams, Paul Wolff, Bubba Hughes, City Attorney, Diane Schleicher, City Manager, Ethan Imhoff, Zoning Manager, Mary Hogan, Finance Director, and Jan LeViner, Acting Clerk of Council. Mayor Buelterman listed the following items on the consent agenda: City Council Draft Minutes, May 26, 2011 as amended Watershed Protection Plan, Engineering Proposal, $18,876.00. Budget line item 505-4310-52-1201 Amended Pre-Disaster Contract for Debris Monitoring WaterFirst Memorandum of Understanding City Manager’s Action Item Report. Ms. Schleicher reportedthe two mobi-mats that were approved at the last City Council meeting have been ordered and are expected to be installed next week. Ms. Williams asked Ms. Schleicher to post a sign at the respective cross-overs to make people aware that new mats have been ordered and will be installed upon arrival from manufacturer. Item 12 -Mr. Garbett recommended a staff person be assigned to head the Memorial Park Plan. Due to all the workshops that have been on the calendar, Ms. Williams has not been able to schedule any meetings but plans to have one very soon. Ms. Sessions asked Ms. Schleicher to explain the disruption in Memorial Park. She explained that it was due to the installation of the geothermal project. Completion will be in August and at that time the contractor will restore the surface but will not install sod. Item 26 -Ms. Williams then asked Ms. Schleicher for a status of the revamping of the personnel policy. Mr. Hughes interjected that he was working with Janice Elliott to set weekly meetings to bring all personnel issues current. Item 16 -Ms. Sessions is concerned that the public is using the restrooms for bathing purposes. She feels that signs should be put up stating bathing/showering is prohibited. Item17 – Ms. Doyle asked Ms. Hogan for an update of the revamping of hotel/motel ordinance. Mayor Buelterman stated that Ms. Hogan will give a budget presentation later in the meeting and questions could be brought up at that time. Ms. Williams asked for an update on the Short Term Work Program. Mr. Imhoff explained that the program was developed as part of the City’s Master Plan in 2008. He has met with staff to discuss projects within the work plan and will bring recommendations to Council the second meeting in July. 20110714 CC Packet 20110713 050_025_000001 Mayor Buelterman called the regular meeting to order at 7:00PM. Everyone present at the consent agenda was still in attendance. Chantel Morton, Better Hometown Coordinator gave the invocation and everyone recited the Pledge of Allegiance to the flag. Reports of Staff, Boards, Standing Committees and/or Invited Guests. Vicky Buck and Lindsey Fuchtl presented the quarterly report for the Tybee Island Tourism Council. Ms. Fuchtl gave an update on their web site, TybeeVisit.Com, as well as the campaign, 10 Days of Tybee. Ms. Fuchtl also stated that they will be putting a link on the home page to remind people to “Keep Tybee Tidy”. Ms. Doyle asked if they would be able to put a link for parking hot spots. She would like to get information out to the public, especially with the upcoming holiday, regarding the parking map. Mr. Wolff would like them to also include recycling on the homepage. They agree this would be done. Art Smith, Republic Waste, discussed recycling opportunities for commercial and residential properties on Tybee Island. His objectives for the Island are to replace the 19 gallon bins with 95 gallon receptacles which will increase the recycling percentages dramatically. Commercially he suggested that a single stream compactor for recyclables be adopted. He introduced the Recycle Bank Program. With this program, points would be earned for tonnage. These points would then be turned in for rewards from local and national partners. Ms. Williams asked Mr. Smith what was his plan to provide a single source recycling opportunity at the south end business district for commercial use. Mr. Smith feels there is one area in which compactors could be located. He further confirmed that for other business areas, single stream containers would work best due to the density. Ms. Sessions would like to hear input from staff and their recommendations. Ms. Doyle agreed. Mr. Schuman asked thatsmaller trash receptacles at the condo locations be replaced with one large receptacle. Mr. Smith understands the challenge with the recycling program and feels it is doable. Mayor Buelterman asked Ms. Schleicher to share with Council at a later date what it would entail to have contracts for 1) commercial 2) residential and 3) both. She will look at the current contacts and go forward. Ms. Williams asked that when the RFP’s go out, we need to break down all services, prices for side door pick up, without side door, segregating the commercial from the residential and if Council does approve a glass crusher at some point, how companies would work with that aspect. Mr. Garbett stated that we need to get input from the community as well as extra pick up for vacation rentals. Mayor Buelterman will compose a letter to the Corp of Engineers regarding the derelict structures and include the report that was done by Olsen Associates. Ellen Schooleris addressing Council as legal representative to Tim Maylin. She would like to address concerns regarding the proposed ordinance to replace Section 34.47.4. Her main concern is that the City might be relinquishing control over public property for private businesses. She would ask that Ms. Liberatori and Ms. Hesson not be granted a permit to have their paddle board business on the beach. There seems to be no benefit to the public as well. Ms. Schooler further stated that the brick and mortar businesses bring more to the City than businesses such as Ms. Liberatori and Ms. Hesson as they will not bring revenue such as taxes. 20110714 CC Packet 20110713 050_025_000002 Tim Maylin spoke to Council stating that he is concerned over the paddle board rental on the beach. He has been providing paddle board rental as well as his competitors all of which are brick and mortar businesses. They all have been working with the ordinances as set by the City. Ms. Williams asked Mr. Maylin if he accompanied the person renting the paddle board for lessons and he responded always. Mr. Garbett asked Mr. Maylin if given the opportunity would he operate his business from the beach. He replied no as he feels it isn’t the best thing as it would bring more commercialism to the beach. Jimmy Burke asked Council why they would want to change the Ordinance as things have been working fine for a long time. Shane Parris, North Island Surf and Kayakagrees with Mr. Maylin comments. He would ask Council not to grant Ms. Liberatori and Ms. Hesson a permit for their business on the beach. He feels that it would be an increase in liability. Ms. Sessions wanted to thank all the businesses that have been on Tybee Island through the good times and bad times as they continue to showan ongoing support of the community. George Chandler, Chandler Beach Rentals. At one time his business did rent out kayaks but stopped as it was creating a safety factor for beach goers. Mr. Wolff made a motion to approve the consent agenda. Mr. Schuman second. Vote was unanimous. Mayor Buelterman opened the Public Hearing for the FY2012 Budget. Ms. Hogan stated that the proposed budget balances and includes no change in the current millage rate. Ms. Doyle asked Ms. Hogan status of the City enforcing the hotel/motel tax. Ms. Hogan feels we have better compliance currently due to staff’s diligence. The City Marshall is also working very closely with finance to enforce compliance. Bill Blakey would like to address three areas: (1) speed bumps on 17th; (2) glass crusher; and (3) campground pool cover. He thanked Council for having the speed bumps included in the new budget. Mr. Blakey asked Council to do more research with the glass crusher as he feels there are unanswered questions. He further asked Council to approve funding for the pool cover at the campground as it would be beneficial to the residents of Tybee. Ms. Williams would like to respond to Mr. Blakey comments on the glass crusher. She stated that it was on the deferred list and it is something that everyone is very interested in,but we need to resolve the waste management issues at hand. There are many tangible benefits, financially and environmentally to the community and she asked that everyone keeps an open mind. 20110714 CC Packet 20110713 050_025_000003 Ms. Sessions asked Joe Wilson, DPW, to address the concerns of Mr. Blakey. Mr. Wilsonstated that the numbers he used are based on a study done three (3) years ago. In this study, he worked with local businesses in the downtown Savannah area and learned that their biggest concern was glass as it provides the most weight. Ten percent of Tybee Island’sweight is commercial glass. In doing his research, it would cost approximately $35,000 to set up a crusher and estimates a savings of $30,000 to $40,000 a year. There are multiple uses for the ground glass which would be beneficial to Tybee Island. He feels that this will not impact the City negatively as there would not be a noise issue when the crusher is operating. Mr. Wolff commented that the majority of glass comes from the tourist sector. The City is also in the process of having the solid waste and recycling contract rebid and if we can pull the glass out of the equation, there would could be a major savings to the City for curbside pickup and recycling. Ms. Doyle addressed the pool cover at the campground. The YMCA had a meeting this week and stated that it is not just the cost of the pool cover but of the gas to heat the pool, cost of chemicals and cleaning. The question at hand is if the cover will fit the pool at the campground. Ms. Doyle would like more time to research the project to determine where the funds are coming from as she doesn’t feel this should be a campground expense. She would suggest that this project be moved to the contingency fund until they have had time to gather all the facts. Ms. Williams asked Ms. Doyle if the YMCA is willing to share the expense. Ms. Doyle responded that they have not come to any type of agreement as of yet as they do not have all the numbers and information available. There is a great deal of variables which they need to address. Sue Blakey asked Council how much longer the project would be deferred as it has already been two years. Ms. Doyle replied that this is the first time that there has been a dollar amount associated with the project.Mayor Buelterman asked that this be set on the agenda for July 28, 2011. Amy Gaster feels that funding could be provided by charging campers hotel/motel tax as are the tourist staying at hotels. Freda Rutherford reiterated that citizens really want a swimming pool and it is staff’s responsibility to figure out how to get it done and paid for. Mr. Garbett reported that a discussion was held regarding collecting hotel/motel collection on campers but it is not allowed as the City owns the property. Keith Gaywould like to speak to Council on behalf of the Friends of Tybee Theater. They would ask Council to revisit their budget request for a loan not a donation. Maria Lancasterrequested Council think of this as building a better Tybee as far as culture and cultural arts for the community helping our children and the citizens of Tybee Island. She stated that the cultural arts make a big difference and would ask the budget not be cut in this area. Ms. Gaster complimented the community for standing behind our cultural assets and preserving our history. Ms. Sessions is very passionate about the theater and feels funding needs to be made available in the budget to show the support of Council. Mayor Buelterman also supports the Friends of Tybee Theater but funding is an issue as SPLOST 20110714 CC Packet 20110713 050_025_000004 money can no longer be used for non-profits. Ms. Williams asked Ms. Hogan to present scenarios regarding increasing the millage rate to cover projects such as this. Mayor Buelterman stated that the only thing in the budget that could be taken out would be the $20,000 to renovate the Clerk’s office. Council agreed. Mr. Garbett feels comfortable in putting this request in the contingency and possibly amend the budget at a later date. Rusty Fleetwood commented that purchasing a glass crusher would be a good first step. Secondly, he would like Council to visit shower designs at north beach and possible put money in the budget for next year. He also agrees with Mr. Wilson’s desire to purchase Royal Restrooms for north beach. Mayor Buelterman read a letter from Karen Kelly as she could not attend the meeting. Shesupports the recycle program for the business district on Tybee Island and would ask that the Council put funds in the budget for a glass crusher. Mayor Buelterman declared the Public Hearing for the FY 2012 Budget closed. Ms Williams asked Ms. Hogan, if Council were to set the millage rate at 4.5, we still are not increasing taxes – just not decreasing as much as we could. She replied that was accurate as the roll back rate is negative this year. Ms. Sessions asked Ms. Schleicher to confirm the cost of the renovation of the Clerk’s Office and how we got data. Ms. Schleicher explained that Mr. Wilson had received bids from outside vendors in the amount of $18,000. Work could be done in-house during the off season to reduce cost but the electrical would have to be subbed out as the City does not have an in-house electrician. Ms. Doyle asked Ms. Hogan if money was still in the budget to archive the records in the Clerk’s office. She confirmed that the money is still in the budget and will roll over to the next budget year. Ms. Doyle further asked Ms. Hogan if the Parking Manager position is in the budget for FY2012. That was also confirmed. Ms. Sessions asked if changes in the Human Resources Manager, DPW, Police Department and other human resources changes are included in the FY 2012 Budget. Ms. Hogan confirmed funding is in the budget. Consideration of Ordinances and Resolutions Ordinance No. 27-2011, Annual Budget Ordinance for the City of Tybee Island, GA. First and Second Reading. Ms. Sessions made a motion to approve the 2012 Budget. Ms. Williams second. o Ms. Sessions moved for an amendment to the budget to move $10,000 from the Capital Budget -Clerks office renovation line to the Operating Budget -Friends of the Tybee Theater line. Ms. Williams seconded. Vote was unanimous. Discussion: Ms. Sessions stated this would be a donation and not a loan. o Ms. Doyle moved for an amendment to the budget moving $15,500 from the Capital Budget -pool cover/heater line to the Operating Budget contingency line. Ms. Sessions 20110714 CC Packet 20110713 050_025_000005 seconded. Voting in favor was Mr. Wolff, Mr. Schuman, Ms. Sessions, Ms. Doyle, and Mr. Garbett. Ms. Williams voted against. Motion carried. Discussion: Mayor Buelterman asked Ms. Doyle to bring back findings regarding operational and other costs to the July 28, 2011 meeting. o Mr. Wolff moved for an amendment to the budget moving $33,000 from the Operating Budget -contingency line to the Capital Budget – glass crusher line. Ms. Williams seconded. Voting for was Mr. Wolff, Ms. Williams and Mr. Schuman. Voting against was Ms. Sessions, Ms. Doyle and Mr. Garbett. Tie vote. Mayor Buelterman voted against. Vote was 4-3. Motion defeated. Discussion: Council is supportative of the glass crusher but would like to wait till all the specifics are presented prior to funding. Mr. Wolff commented that if we have the glass crusher and pull the glass out of the waste stream prior to bidding out the commercial recycling, we will see a significant reduction in the bid. Ms. Schleicher stated that the RFP could be stated in two ways, to include or not include glass recycling. Ms. Sessions feels we need to get a timeline from DPW if funding is approved for the glass crusher. Mr. Wolff stated that this would be an “off season” project. o Mayor Buelterman called for a vote on the motion to approve the first reading of the 2012 Budget as amended. Vote to approve was unanimous. o Mr. Wolff moved to approve the second reading of the Operating and Capital 2012 Budget. Ms. Sessions seconded. Vote to approve was unanimous. Council, Officials and City Attorney Considerations and Comments Business Licenses Sales in Public Areas. Mr. Hughes is looking for direction from Council prior to preparing ordinance for first reading. Ms. Williams would like to address Section 74.47.4 as there needs to be clarification regarding delivery of items from a store front business. We need to be very specific and agrees there should be no “take-out” delivery to the beach. Ms. Doyle asked Mr. Hughes how you would enforce a person on the beach calling a restaurant, ordering food then calling a cab and having the food delivered to a specific location on the beach. Mr. Hughes replied that restaurants or businesses that prepare food are not authorized to make deliveries on the beach. Mayor Buelterman asked Mr. Hughes what changes he is suggesting for the first reading. Mr. Hughes stated: (1) adding the verbiage regarding “no deliveries”; (2) adding “services”; and (3) making it clear that this does not apply to those who have secured permits to conduct business on the beach. Mr. Wolff suggested that there should be an addendum to the current business license which would enable delivery on the beach, i.e., bikes, chairs and umbrellas. After hearing recommendations from Council, Mr. Hughes stated he would have the first reading available for the July 28, 2011 Council meeting. Use of Municipal Beaches. Ms. Williams asked if it is unlawful to camp on the beach and what is the fine. Mr. Hughes stated that it is covered in the Beach Rules and the fine is $1,000. He again again stated 20110714 CC Packet 20110713 050_025_000006 that this is not for first reading but discussion purposes only. He will have the first reading available for the July 28, 2011 Council meeting. Beach Based Businesses. Mr. Garbett stated that this ordinance is excellent as written. Ms. Williams believes that a permit holder should not be able to sell their permit to another party and should remain in the ordinance. The bidding process was further discussed and Ms. Doyle feels if you open up a bidding process it could cause major issues. Mr. Hughes will have the first reading available for the July 28, 2011 Council meeting. Ms. Schleicher presented quotes for the printing of parking maps. Council agreed that a one day full page ad showing the parking map on Tybee Island be published in the Savannah Morning News in conjunction with the July 4th holiday. Mr. Garbett suggested that we also have the local radio stations do a public service announcement with parking updates. Mr. Wolff moved to go into executive session to discuss personnel, real estate acquisition and litigation. Ms. Williams seconded. Mayor Buelterman adjourned the regular meeting. 20110714 CC Packet 20110713 050_025_000007 20110630DraftMinutes/jrl Minutes City Council Special Meeting June 30, 2011 Mayor Jason Buelterman called the Special Meeting of the City Council to order at 7:00PM. Those present were Paul Wolff, Kathryn Williams, Frank Schuman, Mayor pro tem Shirley Sessions, Wanda Doyle, and Bill Garbett. Mayor Buelterman opened the Public Hearing for the Millage Rate. Mr. Garbett commended staff for preparing such a well executed budget where the City is able to have a tax reduction if the roll back rate is not accepted. Mayor Buelterman announced that the next Public Hearing for the Millage Rate will be July 7, 2011. Being there was no one wishing to speak; Mayor Buelterman closed the Public Hearing. 20110714 CC Packet 20110707 050_030_000001 20110707DraftMinutes 20110707 City Council Draft Minutes Mayor pro tem Shirley Sessions called the Special Meeting of the City Council to order at 7:00pm. Those present were Kathryn Williams, Frank Schuman, Wanda Doyle, Bill Garbett, City Manager Diane Schleicher, Finance Director Mary Hogan and Acting Clerk of Council Jan LeViner. Mayor Jason Buelterman and Paul Wolff were on vacation. Mayor pro tem Sessions opened the Public Hearing for the Millage Rate. Ms. Hogan recommended that Council make no changes to the millage rate from last year and adopt the gross millage rate rather than the rollback rate. Tom Groover asked that money be made available in the budget for improvements on Solomon Avenue. Ms. Williams suggested that Mr. Groover attend the next Infrastructure Meeting on July 14, 2011 where he could express his concerns. Ms. Doyle agreed that Solomon Avenue needs to be addressed. Ms. Williams asked Ms. Schleicher to add Mr. Groover to the agenda for the next Infrastructure Meeting. Mayor pro tem declared the Public Hearing closed. Meeting adjourned. 20110714 CC Packet 2011070137 050_035_000001 20110714 CC Packet 20110707 070_010_000001 Summary of recommendations and findings from the Tybee Island Ad Hoc Committee on Shoreline Protection 1) A set of comprehensive shoreline protection ordinances is necessary for the preservation of property owners’ rights. A set of complimentary shoreline ordinances will provide a tool for oversight on State rulings for our island. A set of clear, enforceable rules will protect our dunes and beaches. Additionally, a clear and concise set of shoreline ordinances will provide a foundation for the rebuilding after a major disaster. These are the reasons that our committee has found for the implementation of a Shoreline Protection Ordinance. It is a recommendation that was agreed upon by the entire committee and recommended by the DNR. (This section is meant to provide a basis to replace the wording for Findings in proposed Ordinance 11-2008 .) 2) Any Shoreline Protection Ordinance should reference key documents which give the intent of our island’s rules. These documents include the Tybee Island Master Plan, and the Beach Management Plan. 3) Although we recommend a Tybee Island Shoreline Protection Ordinance, we do not recommend that Tybee become a permitting authority as specified by the State. This function resides with the State currently, and is best left there. 4) The committee strongly recommends that any property owners who hold developed or undeveloped property on a shoreline area be directly notified of this ordinance process before it proceeds any further. This is a process that will have a profound effect on property value and future activity. We feel that the extra effort, above and beyond the standard public comment process, must be made to personally contact the citizens affected and the members of business organizations with a shoreline interest. 5) Definitions a) The existing seawalls on the island need to be defined and pinpointed through a GPS system. b) The existing areas of shoreline need a definition and a reference to which setback measurement is to be used for each one. Our committee discussed the difference between North Beach, Front Beach and South Beach. c) The actual position of “foot of the landwardmost dune” needs to be set out in GPS language. This is not a function of the DNR, but can be assisted by them on request. This must be reviewed on a defined periodic basis to allow for erosion or dune movement. d) Most definitions that apply to these ordinances can be made by referencing the existing State ordinance. 5) Setbacks 20110714 CC Packet 20110707 070_020_000001 a) Referenced in the City Charter is an 18 foot setback from existing seawalls. This should be reviewed for its applicability in a setback definition and a reworded section added to the ordinance if need be. The Committee was unsure whether this part of the City Charter conflicts with the 10 foot setback recommendation. b) It is the strong recommendation of this committee that a base setback be made 10 feet from the landward most dune foot. This is a simple rule that can be applied to much of our existing shoreline property. This should apply whether the dune foot falls landward or ocean ward of the DNR jurisdiction line. c) Consideration must be made for areas without a clearly defined seawall or dune foot. The Committee was unable to find a property with these conditions, but there may be one in existence. d) Areas with no beach, but rather a stream or river reference existing state erosion and sedimentation ordinances. 6) Conditions for granting permits a) The terms of any Tybee Island ordinance will have to be met before an item can go before the State permitting authority. One of the discussion points for the committee was the situation where a 10 toe of the dune setback would still be behind the State jurisdiction line. In this case, while the State would consider the Tybee ordinance, careful attention would have to be made to prevent a permit from being issued under State authority. b) The recent reworking of section 3-100 strengthens the City’s position in regards to the dune area under State jurisdiction. It should be referenced and reinforced if necessary. c) As an ordinance under the existing Land Develpement Code, the Shoreline Protection Ordinance would follow the current application criteria and variance process. 7) Other considerations a) Exemptions should exist for permitted or grandfathered dune crossovers (public or private) and an inventory of these crossovers should be developed. b) Modifications for existing nonconforming structures should be subject to a variance process. 8) The Committee Committee would like to have a representative meet with the City Attorney as soon as possible to develop wording for an appropriate proposed ordinance. 20110714 CC Packet 20110707 070_020_000002 River's End Revenues: Jul-10 Aug-10 Sep-10 Oct-10 Nov-10 Dec-10 Jan-11 Feb-11 Mar-11 Apr-11 May-11 Jun-11 ANNUAL Camping 87,133.24 40,995.43 49,225.96 49,017.57 30,539.37 23,244.69 14,839.88 22,379.61 52,421.93 64,540.78 65,087.51 499,425.97 Cabin Revenues 14,746.05 10,135.00 8,867.88 10,672.00 3,459.00 3,838.50 1,245.00 2,653.00 10,962.50 13,138.07 11,950.25 91,667.25 Cabin Reservations -1,580.80 -492.50 895.00 -865.30 -75.00 -282.50 2,115.00 5,310.00 1,690.50 269.00 290.55 7,273.95 Tents 8,894.00 3,854.90 7,073.40 4,731.85 1,062.90 388.00 281.00 837.00 8,872.41 8,301.60 10,944.40 55,241.46 Campsite Reservations 17,602.25 12,689.80 12,727.24 12,722.20 8,796.20 7,757.73 12,733.40 21,757.96 20,456.35 18,716.10 16,981.50 162,940.73 Store Revenues 7,860.99 4,643.05 4,047.18 4,261.47 3,665.69 5,453.58 4,002.50 3,137.69 6,109.46 8,621.14 6,201.43 58,004.18 Misc. Revenues 1,644.64 532.50 460.62 713.80 478.34 547.33 593.86 1,022.96 654.09 2,702.60 1,261.20 10,611.94 Sub-Total Revenues: 136,300.37 72,358.18 83,297.28 81,253.59 47,926.50 40,947.33 35,810.64 57,098.22 101,167.24 116,289.29 112,716.84 0.00 885,165.48 Misc.-Paid-Outs, + /(-) 0.00 0.00 0.00 0.00 0.00 0.00 -1.00 -48.99 0.00 -289.80 0.00 -339.79 Total Collected Revenues: 136,300.37 72,358.18 83,297.28 81,253.59 47,926.50 40,947.33 35,809.64 57,049.23 101,167.24 115,999.49 112,716.84 0.00 884,825.69 River's End Expenditures: Jul-10 Aug-10 Sep-10 Oct-10 Nov-10 Dec-10 Jan-11 Feb-11 Mar-11 Apr-11 May-11 Jun-11 ANNUAL Total Personnel 17,786.98 31,235.53 19,036.59 19,466.07 24,609.17 23,810.50 14,294.38 21,645.18 18,853.38 19,427.27 24,515.58 234,680.63 Total Services 9,598.44 22,663.96 36,542.91 12,613.04 10,401.28 16,645.70 23,584.35 3,753.50 13,031.00 4,832.45 7,988.31 161,654.94 Total Supplies 4,514.06 24,007.26 11,697.17 12,609.83 12,073.24 13,993.04 9,226.51 15,130.35 20,567.64 12,801.90 17,294.60 153,915.60 Total Capital Outlay Total Depreciation 861.00 861.00 861.00 861.00 861.00 861.00 861.00 861.00 861.00 861.00 861.00 9,471.00 Total Debt Service Expense Expense 47,150.00 47,150.00 47,150.00 47,150.00 47,150.00 47,150.00 47,150.00 47,150.00 47,150.00 47,150.00 47,150.00 518,650.00 Total Anticipated Expenses: 79,910.48 125,917.75 115,287.67 92,699.94 95,094.69 102,460.24 95,116.24 88,540.03 100,463.02 85,072.62 97,809.49 1,078,372.17 Profit/(Loss) 56,389.89 -53,559.57 -31,990.39 -11,446.35 -47,168.19 -61,512.91 -59,305.60 -31,441.81 704.22 33,866.00 14,907.35 0.00 -190,557.36 River's End Guest Survey Time Period: 5.13.10 -5.13.11 Rating Range: 1-5 Composite ScoGrersa:d Mearch# 2o0f 1R1es. Average Overall Rating 4.4 A-234 Average Service Rating 4.7 A 221 Average Facility Rating 4.3 B+ 224 Average Site Rating 4.4 B+ 192 Average Cabin Rating 4.4 B+ 32 Average Restroom Rating 4.2 B+ 182 Total Rating: 4.4 B+ River's End Campground & RV Park Monthly Anticipated Revenues & Expense Report -FY 2011 20110714 CC Packet 20110707 070_030_000001 20110714 CC Packet 20110707 080_010_000001 20110714 CC Packet 20110707 080_020_000001 20110714 CC Packet 20110707 080_030_000001 20110714 CC Packet 20110707 090_010_000001 20110714 CC Packet 20110707 090_010_000002 20110714 CC Packet 20110707 090_010_000003 20110714 CC Packet 20110707 090_010_000004 20110714 CC Packet 20110707 090_010_000005 20110714 CC Packet 20110707 090_010_000006 20110714 CC Packet 20110707 090_010_000007 20110714 CC Packet 20110707 090_010_000008 20110714 CC Packet 20110707 090_010_000009 20110714 CC Packet 20110707 090_010_000010 20110714 CC Packet 20110707 090_010_000011 20110714 CC Packet 20110707 090_010_000012 20110714 CC Packet 20110707 090_010_000013 20110714 CC Packet 20110707 090_010_000014 20110714 CC Packet 20110707 090_010_000015 CSTEE-0008-00(997), PI No. 0008997 Chatham County Rev: May 10, 2010 RIGHT OF WAY MOWING AND MAINTENANCE AGREEMENT By and Between THE GEORGIA DEPARTMENT OF TRANSPORTATION AND CITY OF TYBEE ISLAND THIS AGREEMENT made and entered into this _____ day of _____________, 20____ by and between the DEPARTMENT of Transportation, an agency of the State of Georgia, hereinafter alternately referred to as “DEPARTMENT” or “LICENSOR”, and the CITY OF TYBEE ISLAND, hereinafter referred to as “LICENSEE”. WHEREAS, the DEPARTMENT desires to enter into a public/private partnership to perform certain services relating to mowing and maintenance within DEPARTMENT’S right of way, hereinafter called the “PROJECT”, and WHEREAS, the LICENSEE has represented to the DEPARTMENT that, if such permission is granted to the LICENSEE, LICENSEE shall bear all costs and liability associated with the PROJECT; and WHEREAS, the LICENSEE has represented to the DEPARTMENT that they are qualified and experienced to provide such services and the DEPARTMENT has relied upon such representations; NOW, THEREFORE, for and in consideration of the mutual promises and covenants as herein contained, it is agreed by and between the parties hereto that: 20110714 CC Packet 2011070137 100_010_000001 CSTEE-0008-00(997), PI No. 0008997 Chatham County ARTICLE I SCOPE OF PROJECT The DEPARTMENT shall permit the LICENSEE to perform or cause to be performed, the PROJECT consisting of certain services related to maintaining an identified section of the DEPARTMENT’S rights of way. This permission shall be granted by the means of this Agreement for the entire scope of the PROJECT, as set forth herein. The maintenance duties and responsibilities of the LICENSEE are defined and set forth in Article XI – MAINTENANCE WORK PLAN of this Agreement, and further enumerated and described in Exhibit „A‟ – Application and Permit for Special Encroachment with approved drawings or final working drawings for a Department-approved construction PROJECT. Exhibit „A‟ is attached hereto and incorporated by reference as if fully set out herein. The PROJECT location shall be defined or delineated as part of Exhibit „A‟. The required Special Encroachment Permit and/or the construction PROJECT final working drawings are to be approved or issued by the DEPARTMENT. Should the LICENSEE desire that these maintenance services be performed by a third party, LICENSEE and the third party shall enter into subsequent agreement, whereby the LICENSEE shall assume all responsibility of repayment to the third party for those services to be rendered as set forth in Article XI -MAINTENANCE WORK PLAN. The Agreement between LICENSEE and any third parties to this Agreement, shall meet all operational and administrative requirements, including the provisions of liability insurance, set forth by the DEPARTMENT, and all liability associated with the PROJECT shall be borne by LICENSEE and any third parties, as set forth in Article VIII, herein. 20110714 CC Packet 2011070137 100_010_000002 CSTEE-0008-00(997), PI No. 0008997 Chatham County ARTICLE II EXECUTION OF CONTRACT AND AUTHORIZATION TIME OF PERFORMANCE Time is of the essence in this agreement. The LICENSEE shall execute this Agreement and return it to the DEPARTMENT within thirty (30) days after receipt of contract forms from the DEPARTMENT. The LICENSEE shall begin work on the PROJECT under this Agreement immediately after receiving a signed and executed copy of the Agreement (unless noted otherwise in Exhibit A or upon PROJECT construction completion). Subject to the terms and conditions set forth in this Agreement, and upon execution of this Agreement, the DEPARTMENT grants the right to the LICENSEE to mow, edge, and maintain, as set forth in Article XI-MAINTENANCE WORK PLAN, that specific section of right-of-way identified in this Agreement, and herein defined as the PROJECT. The duration of this Agreement shall be for fifty years from the date above first written unless terminated sooner by the DEPARTMENT or LICENSEE. ARTICLE III SUBSTANTIAL CHANGES If, prior to the satisfactory completion of the services under this Agreement, any party materially alters the scope, character or complexity of the services from those required under the Agreement, a Supplemental Agreement shall be executed between the parties. It is understood, however, that LICENSEE shall not engage in any activities or conduct any work which would be considered to be outside the scope of the permission granted to LICENSEE by the DEPARTMENT. Minor changes in the work which do not involve increased compensation, extensions of time or changes in the goals and objectives of the work may be made by written notification of such change by any party with written approval by the other parties. 20110714 CC Packet 2011070137 100_010_000003 CSTEE-0008-00(997), PI No. 0008997 Chatham County ARTICLE IV ASSIGNMENT It is understood by the LICENSEE that the work is considered personal and, except as provided for in Article I, LICENSEE agrees not to assign, sublet or transfer any or all of their interest in this Agreement without prior written approval of the DEPARTMENT. ARTICLE V CONTRACT DISPUTES This Agreement shall be deemed to have been executed in _Fulton_County, Georgia and all questions of interpretation and construction shall be governed by the laws of the State of Georgia. ARTICLE VI INSURANCE Prior to beginning work, the LICENSEE shall obtain and certify to the DEPARTMENT that it has the following minimum amounts of insurance coverage: (a) Workmen‟s Compensation Insurance in accordance with the laws of the State of Georgia. (b) Public Liability Insurance in an amount of not less than one hundred thousand dollars ($100,000) for injuries, including those resulting in death to any one person, and in an amount of not less than three hundred thousand dollars ($300,000) on an account of any one occurrence, or proof of self insurance. (c) Property Damage Insurance in an amount of not less than fifty thousand dollars ($50,000) from damages on account of any occurrence, with an aggregate limit of one hundred thousand dollars ($100,000), or proof of self insurance. (d) Valuable Papers Insurance in an amount sufficient to assure the restoration of any plans, drawings, field notes, or other similar data relating to the work covered by the PROJECT. 20110714 CC Packet 2011070137 100_010_000004 CSTEE-0008-00(997), PI No. 0008997 Chatham County (e) Insurance shall be maintained in full force and effect during the life of the PROJECT. The LICENSEE shall furnish upon request to the DEPARTMENT, certificates of insurance evidencing such coverage. These certificates shall also provide that the insurance will not be modified or canceled without a 30 day prior written notice to the DEPARTMENT. Failure by the LICENSEE to procure and maintain the insurance as set forth above shall be considered a default and cause for termination of this Agreement and forfeiture of the Performance and Payment Bonds. The LICENSEE shall, at least fifteen (15) days prior to the expiration date or dates of expiring policies, deposit certified copies of renewal, or new policies, or other acceptable evidence of insurance with the DEPARTMENT. ARTICLE VII COMPENSATION It is agreed that LICENSEE shall conduct all work at no cost to the DEPARTMENT, and without compensation from the DEPARTMENT. It is further agreed that any and all issues relating to compensation and payment shall be resolved by and between LICENSEE and any successors, subcontractors, or assigns thereto. The DEPARTMENT and LICENSEE further agree that, should the DEPARTMENT be required to conduct any inspections and/or supervision of the PROJECT beyond that which would normally occur in the ordinary course of the DEPARTMENT’S maintenance activities, LICENSEE shall reimburse the DEPARTMENT for such inspection and supervision. The rate of reimbursement for the DEPARTMENT’S inspection and supervision shall in no case exceed a rate determined to be reasonable by the parties. Should LICENSEE and the DEPARTMENT desire to change this agreement at a later date to provide for compensation to LICENSEE, or any successors or assigns thereto, such change shall only be permitted by a supplemental agreement as set forth in Article III herein. Any supplemental agreements involving compensation shall be subject to the DEPARTMENT review and approval. 20110714 CC Packet 2011070137 100_010_00 0005CSTEE-0008-00(997), PI No. 0008997 Chatham County ARTICLE VIII RESPONSIBILITY FOR CLAIMS AND LIABILITY LICENSEE NOT AGENT OF DEPARTMENT LICENSEE, and all successors and assigns thereto, shall save harmless the DEPARTMENT, its officers, agents, and employees from all suits, claims, actions or damages of any nature whatsoever resulting from the performance of work assigned to LICENSEE under this Agreement. LICENSEE further agrees that they shall be fully responsible for injury or damage to landscaping, landscape related items, and any other non-standard and decorative elements installed by or for the LICENSEE within the right of way, and for any damage to the DEPARTMENT’S signs, structures, or roadway fixtures, if LICENSEE causes the damage. These indemnities shall not be limited by reason of the listing of any insurance coverage. It is further understood and agreed that LICENSEE, or any successor or assigns thereto, in the conduct of any work involved in the PROJECT, shall not be considered the agent of the DEPARTMENT or of the State of Georgia. ARTICLE IX TERMINATION OF CONTRACT The DEPARTMENT may terminate this contract for just cause at any time by giving of thirty (30) days written notice of such termination. Upon receipt of such notice of termination, LICENSEE shall discontinue and cause all work under this contract to terminate upon the date specified in the said notice. In the event of such termination, the DEPARTMENT shall be paid for any amounts as may be due it as specified in Article VII up to and including the specified date of termination. LICENSEE shall have the right to terminate this contract at any time, provided that such termination is first approved by the DEPARTMENT, and that the DEPARTMENT is reimbursed in full for all services rendered pursuant to Article VII. The DEPARTMENT and LICENSEE further agree that, should the DEPARTMENT allow the LICENSEE to terminate the agreement, the termination, unless determined otherwise in writing by the DEPARTMENT, shall be contingent upon the following: 20110714 CC Packet 2011070137 100_010_000006 CSTEE-0008-00(997), PI No. 0008997 Chatham County A. The LICENSEE removing as determined by the DEPARTMENT the planted landscaping, landscape related items, and any other non-standard and decorative elements that were installed by or for the LICENSEE at no cost to the DEPARTMENT. B. The LICENSEE restoring the removed landscape areas to their original condition or a condition that meets federal standards and is acceptable to the DEPARTMENT. C. The LICENSEE restoring the removed non-standard and decorative elements with standard DEPARTMENT elements that meet federal and state requirements. D. The LICENSEE reimbursing the DEPARTMENT in full any state and/or federal funds used to purchase and install the landscaping, landscape related items, and other nonstandard and decorative elements that are no longer to be maintained by the LICENSEE. The DEPARTMENT and the LICENSEE agree that, should the LICENSEE fail to perform the maintenance, as set forth in Article XI -MAINTENANCE WORK PLAN, the DEPARTMENT may require the LICENSEE to remove, restore, and reimburse according to items “A”, “B”, “C”, and “D” above, as applicable, and then terminate the agreement. ARTICLE X COMPLIANCE WITH APPLICABLE LAW The undersigned certify that: A. This Agreement is subject to applicable state and federal laws, standards, and rules and regulations. B. The provisions of Sections 45-10-20 through 45-10-28 of the Official Code of Georgia Annotated relating to Conflict of Interest and State Employees and Officials Trading with the State have been complied with in full. C. The provisions of Section 50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the “Drug-Free Workplace Act” have been complied with in full. The covenants herein contained shall, except as otherwise provided, accrue to the benefit of and be binding upon the successors and assigns of the parties hereto. 20110714 CC Packet 2011070137 100_010_000007 CSTEE-0008-00(997), PI No. 0008997 Chatham County ARTICLE XI EXHIBIT A WORK PLAN/LANDSCAPE MAINTENANCE AGREEMENT For all maintenance activities, at a minimum, abide by the Federal Manual of Uniform Traffic Control Devices (MUTCD) standards, current edition, for temporary traffic control. Move equipment or materials on or across a traveled way in a manner as not to unduly interfere with traffic. Watering Provide adequate water to maintain healthy plant material Water in a manner that it does not endanger pedestrian or vehicular traffic Water according to the state or local government restrictions Pruning Remove dead or diseased planted vegetation. Prune trees, shrubs and ground covers to maintain the health of the plants and to maintain in the intended design character of the plant (no stump pruning or lollipop/ball shapes) Prune trees, shrubs, and ground covers as needed to remove damage by storm or accident events and to prevent safety hazards. Prune to maintain open sight distances, clear zone areas and traffic sign visibility. Provide clearance for pedestrian and vehicular traffic mobility. Prune according to American National Standards Institute, latest edition, A300 Part 1 pruning standards Plant Replacement Replacement of dead or diseased vegetation of planted material within the project limits is the responsibility of the LICENSEE Replacement plant material must be according to the Department‟s landscaping policy 6755-9 and Special Provision Section 702 Weeding Maintain right of way free of weeds, exotic and invasive pest plants, undesired vegetation and other noxious weeds All Pesticide/Herbicide use shall be under the direct supervision of someone with the appropriate Commercial Category 27 (right of way use) license. When pesticides/herbicides are being applied the person applying shall have in their possession all labeling associated with the pesticide/herbicide and their license/certification. Post warning signs for pesticide/herbicide use as required by state code. Mulching Replace mulch in plant beds as needed to maintain an attractive, fresh look at a 2-3” depth Maintain mulch so that it will not spread or wash on to pedestrian paths or traveled lanes 20110714 CC Packet 2011070137 100_010_000008 CSTEE-0008-00(997), PI No. 0008997 Chatham County Litter Completely remove all litter and debris and other objectionable material on site. Do not deposit or blow litter, debris and vegetation into gutters or drainage structures. Make disposal in accordance with local and state laws. Remove all graffiti within project limits Installed Sidewalks Maintain and repair sidewalks according to the Americans With Disabilities Act (ADA) NOTE: All major maintenance repair activities and activities that may interfere with traffic or pedestrian flow within the right of way project limits, such as travel lane/walkway closures, require the LICENSEE notify the Department at least 48 hours prior to the activity to coordinate and gain Department approval. 20110714 20110714 CC Packet 2011070137 100_010_000009 CSTEE-0008-00(997), PI No. 0008997 Chatham County IN WITNESS WHEREOF, said parties have hereunto set their hand and affixed their seals the day and year above first written. DEPARTMENT OF TRANSPORTATION City of Tybee Island Commissioner (SEAL) (Title) ATTEST: Treasurer Witness Signed, Sealed & Delivered This Day of , 20 . in the presence of: NOTARY PUBLIC I attest that the Corporate Seal attached to this Document is in fact the seal of the Corporation and that the Officer of this Corporation executing this Document does in fact occupy the official position indicated and is duly authorized to execute such document on behalf of this Corporation. ATTEST: Federal Employer Tax No. 20110714 CC Packet 2011070137 100_010_000010 20110714 CC Packet 20110707 120_030_000001 20110714 CC Packet 20110707 120_040_000001 20110714 CC Packet 20110707 120_040_000002 20110714 CC Packet 20110707 120_040_000003 20110714 CC Packet 20110707 120_040_000004 20110714 CC Packet 20110707 120_040_000005 20110714 CC Packet 20110707 120_040_000006 20110714 CC Packet 20110707 120_040_000007 20110714 CC Packet 20110707 120_040_000008 20110714 CC Packet 20110707 120_040_000009 20110714 CC Packet 20110707 120_040_000010 20110714 CC Packet 20110707 120_040_000011 20110714 CC Packet 20110707 120_050_000001 20110714 CC Packet 20110707 120_050_000002 20110714 CC Packet 20110707 120_050_000003 20110714 CC Packet 20110707 120_050_000004 1 PLANNING COMMISSION CITY MANAGER Demery Bishop Diane Schleicher Marianne Bramble Rob Callahan PLANNING & ZONING MANAGER Henry Levy Ethan Imhoff John Major, Vice Chair Tyler Marion CITY ATTORNEY Monty Parks, Chair Edward M. Hughes MINUTES Planning Commission Meeting June 21, 2011 – 7:00 p.m. Chair Monty Parks called the June 21, 2011, Planning Commission meeting to order. Other Commissioners present were Demery Bishop, Marianne Bramble, Henry Levy, John Major, and Tyler Marion. Absent was Rob Callahan. Chair Monty Parks asked for discussion on the Minutes of the May 17, 2011, meeting. Marianne Bramble moved to approve. Demery Bishop seconded the motion. The vote was unanimous. Chair Monty Parks asked if there were any Disclosures or Recusals. There were none. Chair Monty Parks opened a Public Hearing for a Zoning Variance at 122 Lewis Avenue, PIN 4-0004-14-004, Zone R-1-B. The petitioners were Cindy Kelley and Kenneth Zapp. The request was an after-thefact setback variance for a front stoop at a single-family dwelling. Ethan Imhoff, Planning and Zoning Manager, said the applicants were requesting a variance for a stoop that was constructed without a building permit. He said the applicants did receive several permits to remodel. He said the existing front setback prior to construction of the stoop was 17.4-feet. Imhoff said the required setback was 20-feet so the property was already nonconforming however with the addition of the stoop the setback was 13.5-feet. He said there were not issues with the 50% substantial improvement requirement at this property. John Major asked if during the permitting process drawings or plans were submitted that showed the stoop. Dianne Otto, Zoning Specialist, said no. Petitioner Cindy Kelley apologized for not getting the necessary permits; they made the assumption their contractor would get all the permits. She said the contractor apologized and there was a letter from him in the Commissioners‟ packets. Kelley said they are interested in having the overhang for the issue of rain as they go into the front door. She said the overhang was 4-feet by 4-feet. She said it is a nonconforming structure and when they spoke with Otto she informed them that one of the ways they would be able to maintain the overhang was to tear off the addition that was probably done sometime in the „70s. Kelley said that would be a hardship for them; there is a large fireplace that was built as part of the addition so they are unable to do that. She said majority of the homes on the block have coverings over the doors or enclosed porches. She said they made a commitment to improve the value of the property. She said it was owned by a bank that turned off the air conditioning and mold took over and it was in rough shape. Kelley said it was difficult to do the construction given the financial constraints of FEMA. She said she hoped they would accept their apology and take into consideration the fact that they are newbies to Tybee and they were in error. Kelley explained that she and Zapp were husband and wife. Zapp said they were sorry about doing this after-the-fact. He said they directed the contractor to obtain all permits and that they wanted all workers to be documented. Zapp said the contractor dropped the ball. He said they are not trying to make a profit on this; they are not going to rent it. He said they are doing this for themselves. He said the stoop seems to be an expected part of a 20110714 CC Packet 20110707 120_060_000001 2 house to protect people from rain and other weather when they are entering the house. Zapp said they asked the neighbors to support them and everyone they talked to has given them support because of how they have improved the image of the neighborhood. He said they were not trying to do anything wrong; they apologize for making a mistake. Zapp said that reading the Tybee codes, the purpose of the regulations is promoting public health, safety, morals, general welfare, convenience, and prosperity of the citizens of the City. He said they think their improvement of the house, which given the FEMA constraints has been a real challenge, they are making it better. Connie Haley, 130 Lewis Avenue, spoke in favor of the request. Major asked for clarification on the size of the stoop. Imhoff said it was 4-feet by 4-feet. Marianne Bramble asked if there was a backup plan if this does not pass. Kelley asked Bramble if she meant after she cries. She said they have not talked much about it; they know they need some kind of overhang over the door so they would probably come back and speak with Otto about what might be possible. Bramble asked the cost of the stoop project. Zapp said the contractor did it for $1,000 but work had stopped on it. He said the edge of the stoop was 25-feet from the road so it was not like they were overhanging the road. He said it was a significant setback and does not interfere with the commerce and movement on the street. Parks closed the Public Hearing and asked for a motion. Henry Levy said they could indent the door into the house. He moved the request be denied. Demery Bishop seconded the motion. He spoke of an exterior door on the north side of the house that also has an overhang that is not connected to the ground. He asked if that would also constitute an expansion into the setback if it was not connected to the ground as is the front stoop. Otto said the covering affixed to the house on the northern side would be a portion of the structure and a portion of the footprint of that structure. She compared it to a cantilevered deck or a bay window. She said anything that protrudes is required to meet setback requirements. Otto said a roof is allowed to have a 24-inch roof overhang that does not impact the footprint or the setback. Bishop asked if the overhang was extending out from the front portion of the house would that be allowed. Otto said if it was an extension of the roof structure it could overhang up to 2-feet. Bishop clarified that it must be part of the roof structure and not part of an additional item such as a stoop roof. Otto agreed. She said she proposed that with the petitioners and they said given the slant of the roof they did not want to do it the way Bishop was describing. Otto and Bishop discussed the option of overhanging the roof structure to 24-inches which would not require a variance. Major said the cottage was more beautiful with the stoop than it would be without it. He said we have an ordinance that is very specific about when variances can be considered and about encroachment into the setback when remodeling is done. He said on their application where it lists the different requirements for consideration of a variance nothing was checked or identified. Major said they have a definition when a variance is requested that there be a hardship to the property such as an irregularity of shape or narrowness or smallness or something inconsistent with the surrounding properties. He said if this variance had been before-the-fact it stood a pretty good chance of not being approved because it does not meet any of those requirements. He said the only reason he could see that they would approve it is because it is there and it looks good and the neighbors like it. Major said unfortunately our ordinance does not allow that and the Mayor and Council may well look at it and, for the reasons he said, decide to approve it but he cannot make a vote that would suggest that this complies with our ordinance because it does not. He said he has a hard time distinguishing when a contractor forgets, does not know about, or just deliberately avoids a permitting requirement. He said nine months ago they could not be requesting this; we had an ordinance that required that after-the-fact variances could not be considered. Bishop said he wanted to second Major‟s comments. He asked Otto if there were discussions with regards to the fix-ability of this issue with the fact that it could be a 24-inch overhang to the existing roof line of the front portion of the house. Otto said yes. Bishop said if that modification was made would that meet the intention of the LDC with not requiring a variance. Otto said that was correct. She said it would require a permit before the work. Bramble said it was unfortunate the petitioners hired someone and directed them to make sure all the permits were taken care of but ultimately it was still their project. She said she cannot be against one after-the-fact variance from a month ago and then be for this after-the-fact variance. Parks called for the 20110714 CC Packet 20110707 120_060_000002 3 vote. The vote in favor of the motion to deny was unanimous. The motion to deny passed 5-0. The Mayor and City Council would consider the request on July 14. Chair Monty Parks opened a Public Hearing for a Zoning Variance at 301 Jones Avenue, PIN 4-0004-16-004, Zone R-2. The petitioner was Patrick Fucci. The request was an after-the-fact setback encroachment for a 10-foot by 14-foot roof structure attached to a single-family residence. Ethan Imhoff, Planning and Zoning Manager, said the applicant had obtained a swimming pool permit and the roof structure was constructed with that permit. He said the required side setback is 10-feet and the roof structure had been built to the property line so the setback was now zero. Henry Levy asked what was under the overhang. Imhoff said when the building official visited the property there was some mechanical equipment under a small part of the roof overhang and the rest of it was empty. Levy asked if the mechanical equipment sitting on the ground was in violation of of the zoning ordinance. Imhoff said pool equipment does not have to be elevated so it would not be in violation. Levy said he thought the idea of the 10-foot setback was for safety purposes to allow equipment to get in there to fight a fire. He said this would interfere with it. John Major asked if the Stop Work order had not been issued would it have become more than a roof structure. Dianne Otto, Zoning Specialist, said Fucci expressed that the roof structure was designed and installed to protect the pool equipment and he contended it was part of the swimming pool permit that had been issued. She said Staff‟s position was that the roof structure was not part of that permit. Otto said Staff asked that a lower, smaller structure be built if the pool equipment needed to be sheltered and Fucci was not receptive to that concept. Fucci said he hired somebody to do a whole project: the pool, pavers, and the pool equipment. He said he never was trying to be underhanded and when he got the Stop Work order he had no idea what they were talking about. He said the project was supposed to be finished within a month; four months later he ended up throwing the contractor off the property and finishing the project himself. Fucci said the cover that was in question was a pool equipment cover and all the manuals he has from the pool company tell him he needs to cover the equipment to keep it out of the sun so the motors do not overheat. He said it is a Polaris system that runs around the pool and cleans it. Fucci said when he hired the contractor he expected everything to be aboveboard and taken care of. He said six weeks after the projects got done he did get a Stop Work order from the City, called Otto and asked what was going on, met with her the next day, and he was told he was in violation of a setback. Fucci said for the cover itself, there was a preexisting pad there and it was infested with termites and he took it down. He said it was four posts and a roof. Fucci said he got a bit more elaborate with this cover and he attached it to the house. He said he offered to unattach it from his house and then he talked to an engineer about the problem. Fucci said he only has 10-feet on the side and the pump and all of the equipment has to be within 25-feet of the skimmer for everything to run properly. He described that the roof structure was next to the neighbor‟s backyard and he said he asked the neighbors, since they already had seen the structure that was there for 25 or 30 years, if there would be a problem with him raising it up and they told him there was not, but they are not the City. Fucci said he did not know how he got in this situation; he paid a lot of money to get this project taken care of. He said the cover was to keep the heat off of the equipment and he also moved a spa that he uses for hydrotherapy from his other house because he was going to cover it and he spent over $2,000 to have a tub relocated which is also under the cover. He said it is a little bit bigger than it was before; it is not four posts standing there with a roof over it. He said it is an attached structure to the header boards and it is not going anywhere unless the City tells him he has to take it down. Major discussed that Fucci indicated narrowness on the variance application and that in an R-2 zone the square footage requirement is 4,500. He said Fucci has 8,800 square feet. Major asked Fucci to explain his hardship and how that applies to our requirement. Fucci said he thought everything he did was within the City‟s standards and codes, trusting the contractor that he sent to City Hall. He said originally he tried to put in the permit himself and the contractor told him that it had to come from the contractor. Fucci said if he had come and talked to people he would not be standing here today and the pool would have probably been relocated because on the other side he has a carport where he could have run the 20110714 CC Packet 20110707 120_060_000003 4 equipment that was already covered. He said it was very, very bad guidance from a contractor. Fucci explained that the day after the Stop Work was posted when he came to see Otto it turned out that the contractor had only turned in about $30,000 for the project and Fucci got charged the additional fees on the $43,000 project. Marianne Bramble asked what was Plan B. Fucci said to not use or recommend that contractor. He said he did not know what his Plan B was. He spoke of the Stop Work being six weeks after the project was done and that he did not understand why if someone saw this being built they could not have put the Stop Work up during construction. He said he worked on it from 4:00 pm to 6:00 pm for almost a month and it was very visible; he was not trying to hide anything. He said he was willing to unattach it and make it smaller. Bramble asked why Staff did not catch it and where was our building inspector. Otto said our building inspector is from Chatham County and Wednesdays are the only days he he is on the island until 4:00 pm; all other days he is back in Savannah at 2:00 pm. She said there are a lot of things that Staff does not catch. Tyler Marion asked Otto if she had offered an alternative to Fucci. Otto said if the structure was not attached to the house and was considered accessory to the house it would have a 5-foot setback requirement. She said she has not seen the equipment that the overhang is protecting, but she proposed a small, lower shelter over just the equipment. Marion asked if that was not a good option for Fucci. Fucci said he never said that; when he came to City Hall and he talked to people about what the code is and what he did wrong, his first response was that he would unattach it if that was the problem because now he was going back to an existing structure that was already there that he just replaced. He said if they want it up on four pegs and just standing there it is not as safe as it is now but if that was what had to be done that was what he would have done. He said he was not told that there was any setback at all and that was why he missed the first Planning Commission meeting because he was told if he unattached it, so he brought an engineer out there and asked him how to unattach the overhang. Fucci said this is not his skill level; he did the best he could. He said the engineer told him to unattach it but it would be four 4 by 4s and a roof setting on top of it like it was before. He said he did not feel that was safe to himself or his neighbors. He said a 4 by 4 structure with that roof is going to end up in Ronnie Tatum‟s yard with a 60 mph wind and he did not want to do that either. Chair Parks asked if anyone from the public wished to speak. He closed the Public Hearing and asked for a motion. Levy moved that it be denied. Major seconded the motion. Bramble said it looks nice but she cannot approve this and deny any other after-the-fact variances. Major said he is feeling not good about what they are looking at that. He said the City is being asked why it did did not catch him doing something wrong and now because of the Planning Commission his neighbor is going to end up with this in his yard. Major said he feels bad about that and he feels bad that a contractor was hired that did not follow the rules and did not report the right amount of permitting, but we have an ordinance that says these are the circumstances under which a hardship can be defined and a variance can be requested, and what has been presented here does not meet that requirement. Demery Bishop said there are reasons for the LDC [Land Development Code] and reasons we debate and discuss these types of petitions. He said setbacks are established for a number of reasons inclusive of public safety which was raised earlier and is a very valid point, but because of the nature of this and because there is a remedy and this is an after-the-fact, he has severe difficulty in saying this is fine this time because that sets precedent and it negates the purpose and reasons behind the LDC. Bishop said it is a a very difficult situation because the way it was built is far superior to what it previously was but as it exists with an after-the-fact, with the LDC, with our code; he would find it difficult to approve this for those reasons. The vote in favor of the motion to deny was unanimous. The motion to deny passed with a 5-0 vote. The request would be heard by the Mayor and City Council on July 14. Levy and Otto discussed the location of the pool equipment. The next item was a Text Amendment to Article 3, Section 3-160 – Protective Screening of Adjacent Property Where Commercial Use and Residential Use Abut. Ethan Imhoff, Planning and Zoning Manager, said this section had been to the Commission before and they made some recommendations to the Council who had discussed it at their meeting. He said there had been enough changes recommended 20110714 CC Packet 20110707 120_060_000004 5 that, in the opinion of the City Attorney, this particular ordinance needed to come back through the Planning Commission and then back for a First and Second Reading to the City Council. Imhoff explained that the changes define when this ordinance would go into effect. He said this was an ordinance for protective screening between commercial and residential uses, not just zoning districts. He outlined that items 1) through 3) in the ordinance spoke to when the ordinance would be triggered, and items (A) through (C) were what would be required under this proposal. Imhoff said Council had put in for discussion a 5-foot wide buffer and that would include a masonry wall as well as some vegetative plantings. He said also included in the ordinance is a case of Special Review for plans that are incapable of meeting the requirements. Henry Levy asked which side, the commercial side or the residential side, would the buffer be on. Imhoff said it would be the side that is being developed. Levy asked if it said that. Imhoff said the ordinance is triggered, “In cases where a residential use does or will abut a commercial use and where: 1) New construction is proposed, or 2) Existing improvements are to be expanded by enlarging the footprint of existing occupied or useable improved space, or 3) a change in the kind, character or degree of use of improved property is proposed.” He said the onus on making the improvement would be the property that is being developed or being changed according to these definitions. Levy said it did not say that. He gave an example of a residence being built next door to commercial property. He asked if the commercial property would have to put up a buffer. Imhoff said no, the intent of the ordinance is that the residential property, in that instance, would have to install a buffer. Levy said it was very unclear as to who puts it up. Marianne Bramble asked Imhoff to repeat what he had explained. Imhoff said Levy had presented a situation of a commercial property and a residential property, and the residential property is the one that is redeveloped or constructed upon, triggering the requirements in the code. He said the residential property would be responsible for constructing the buffer between the residential and the commercial properties. Chair Monty Parks said the buffer was to be measured from the property line of the property being improved, and the person seeking to improve or to build has to put the buffer up. Levy said because there is a commercial property the residence has to put it up when the commercial property is the one that is causing the disturbance. Parks said if the commercial property is doing the improvement they have to put the buffer up. Levy said suppose the residential property is doing the improvement. Parks said they have to put the buffer up. Levy said that was putting the burden on the residential property to protect themselves from something that the commercial is doing. Imhoff said he would not disagree but it was his understanding that was the way Council wanted the ordinance written. He said that was somewhat different from most buffering ordinances; usually the onus is on the commercial property and if the residential property is to be developed there are not any requirements, certainly they could put in a buffer but it would be optional and not required. John Major said where commercial property abuts residential property, whether the residential is making improvement or not, the residential is there. He said he agreed with Levy that the commercial property should be the one that buffers from its nuisances. To clarify his understanding of Levy‟s and Major‟s comments, Parks said if a residence is making an improvement on its property which abuts a business then the business has to put up a buffer. Levy said that was correct. Levy motioned they reword it so the commercial property has to put the buffer up. Demery Bishop asked Levy if it was a residential property that was being improved that abuts commercial property, was he proposing that the onus be on the commercial, regardless. Levy said that was correct. Parks said in addition to that not only would the commercial property have to put it up but they would have to put it up on the residential property because the ordinance says, “The buffer shall be measured from the property line of the property to be improved.” Levy said it should be reworded so that the buffer has to be put up on the commercial property by the commercial interest. He said if commercial abuts residential property they ought to put the buffer up when they build. Bramble said we already have a situation just a block over, new commercial property that was to have a buffer in place. She asked how this would affect that property; would it be retroactive where they are going to have to put this buffer up when it abuts residential on three sides. Imhoff said no, it would not be retroactive. He said it would apply to projects after this is approved by Council. Major asked the arguments in favor of doing 20110714 CC Packet 20110707 120_060_000005 6 this as it was written. Imhoff said the argument was that many times a commercial use is established so you may have a longtime commercial use and then maybe a property that had one single-family home on it and it gets purchased and somebody decides to tear down the single-family and build apartments so perhaps the residential use could intensify which would create a need for a buffer. He said also there was a sense of fairness; if you are going to require a commercial property to install a buffer, if you are a residential property owner and you are moving in on a commercial property, likewise, you would be responsible for the buffer as the property owner. Imhoff said there was an element of not just putting the onus on the commercial property owner, but the commercial and residential property owners sharing the burden of that equally. Major asked if he has a house next to a commercial building and he wants to add a deck, he also has to put up a privacy fence, plant some trees, and have a lawn. Imhoff said if Major put in a deck that would be enlarging the footprint of the existing space, so yes, that would be required. Bishop read from the proposed ordinance, “In cases where a residential use does or will abut a commercial use and where: 1) New construction is proposed...” Bishop asked if “construction” was defined and if “new construction” meant residential and/or commercial. Imhoff said “construction” was not defined in Article 2 and it would be added to the ongoing list of definitions that needed to be included. Levy said the onus should be on the commercial property to build a buffer when they first develop irrespective of the fact that the residential property may not be built upon and the [ordinance] is flawed unless it calls for that. He said the residence is not creating the noise; the commercial is creating the disruption. He moved to ask Staff to reword it. Imhoff asked Levy to clarify if he meant to reword it so the residential properties are no longer responsible. Levy said he moved to reword it it so the commercial property owner has to erect the buffer. Imhoff asked if that was even in the instance where the residential property owner is developing his or her property. Levy said the commercial should put up the buffer when he firsts builds; the onus is on the commercial property and the ordinance should reflect that. Imhoff asked about a case when there is an existing commercial property and a residential property develops next to that. Levy said the onus ought to be on the commercial to erect a buffer. Parks said if he understood the motion correctly, in the case that Major gave of a deck, the commercial develops the buffer on their property. Levy said yes. There was not a second to Levy‟s motion. Parks asked for another motion. Major requested clarity that this was coming from Council, not Staff. Imhoff said the Planning Commission had worked on this, then Council discussed it, and the City Attorney had rewritten it to reflect Council‟s considerations at their last meeting. Parks said part of where it came from was the discussion of bed and breakfasts. Major asked if it went back to the pig and shrimp thing. Parks said partly there and also the shark. Major said their options are either to accept this or disapprove. He said he was not comfortable with building a deck and having to build a fence and trees and all that, nor was he comfortable with a small restaurant next door suddenly incurring great expense which may put them out of business to build a fence and trees. Major said it may not be well thought out. He gave an example of putting in an arboreal, landscaped buffer as part of a subdivision next to a commercial business not being a problem, but a 4-by 4-foot stoop that expands a footprint being expensive based on the wording of this ordinance. Imhoff said the role of the Planning Commission was to review things like this to make comments to the Council so if there are comments those certainly can be transmitted to Council. Parks said there have been some good comments made. Major moved this this be returned to Council with the comments, particularly the areas of concern. He said his motion was that they neither say don‟t do it nor do it, but maybe think it out a little more. Major asked if that was going far enough or did they need to rewrite it and submit a revised version to Council. Imhoff said they all have made their concerns known about placing the burden on residential property owners for constructing the buffers. Parks asked Major to restate the motion. Major said he moved that without voting yes or no that with their comments be sent to Council for reconsideration with explanation of the significant concerns that were brought up. Tyler Marion seconded the motion. The vote was unanimous. The motion that, without voting yes or no, Section 3-160 be sent to Council for reconsideration with the Planning Commission’s comments and explanations of significant concerns passed with a 5-0 vote. Section 3-160 would be on the July 14 City Council agenda. 20110714 CC Packet 20110707 120_060_000006 7 * * * * * A Text Amendment to Article 5 – Procedures for Administration and Enforcement, other than Sections 5-001, 5-002 through 5-008, 5-009, 5-010, 5-020, 5-030, 5-040, 5-050, 5-060, and 5-070 which were previously approved, was next on the agenda. It was agreed to spend 20 minutes discussing it. Ethan Imhoff, Planning and Zoning Manager, said that Downer Davis, the City‟s consulting engineer, had some input on Section 5-080, Site Plan Approval. Davis commented on the second sentence of the first paragraph following Section 5-080(A)(4) having “imposition” and “imposed” in the same sentence. The sentence was reworded to, “Buffering requirements beyond those expressly identified may also be imposed.” John Major commented that this proposed ordinance was a major change in direction of what Site Plan review is. He said under the prior ordinance a Site Plan came to the Mayor and Council and the Planning Commission when it was in compliance with all the ordinances, or there may be a variance attached to it, and basically it was held in order to educate the City and the surrounding neighbors of something that was about to happen. Major said the words “approve” or “deny” did not appear in the ordinance. He said they needed to be aware that this was a much stronger ordinance from the City‟s perspective in terms of the requirement that a Site Plan was just a request for something that meets all the requirements. He said it almost makes a Site Plan review like a Special Review. Imhoff said anytime you have greater clarification and more information that is usually a good thing. He said if the applicant is presenting a Site Plan beforehand and it is detailed, that is going to be less work they have to do on the tail end with their as-built plan, so it is information they are going to be providing at some point in time and it makes the process easier for everyone the more information that we have upfront. Major said the big difference was this stating that the Mayor and Council can deny or modify the Site Plan request. He read, “If all the foregoing requirements have been satisfied and further if the Mayor and Council find that the benefits of and need for the proposed use and project are greater than any possible depreciating effects and damages to the neighboring properties, the application may be granted.” Major said if an application meets every requirement it could still be turned down because somebody thinks it does not do something. He said it seemed subjective. Imhoff offered to check with the City Attorney and see what the reasoning for that clause was. Demery Bishop asked if “depreciating effects and damages” was defined. He agreed that was subjective. Marianne Bramble said they need definitions. Bishop said either definitions or deletion of those terms that are subjective. Imhoff agreed that the definition section of the Land Development Code could be improved upon. He said Staff has been compiling a list for Article 2. He said there are a lot of words that carry a lot of weight and meaning that are not defined so there is no ambiguity or confusion. Bishop said they have done that during the course of this review and this is another example of that. Chair Monty Parks referred the group to Section 3-080(A)(1), (2), (3), and (4). He asked if that was an attempt at a definition of “depreciating effects and damages.” Imhoff said there is more specificity in the paragraph Parks mentioned. He said scale and mass, availability of utilities, consistent with the Character Area, density – those things are tangible and can be measured whereas “possible depreciating effects and damages” is less quantifiable. Imhoff offered again to check with the City Attorney. Major asked for an explanation of the last two sentences in paragraph (A), Process. Davis said in the past the Mayor and Council would approve a plan but might have one or two minor engineering issues to address. He said it would not be material; everybody would feel good about it being easily achievable, but then the owners would drag out or their engineers would not not respond or the owners would not give their engineers authorization to make a minor change, and it would be three or four weeks later and another Council meeting might occur and there would be complaints that Council approved it, why isn‟t it getting out of Planning and Zoning. Davis said it seemed appropriate that while a plan can move beyond the Planning Commission with a few minor issues, all should be in order and the Site Plan approved by himself, Public Works, Water/Sewer, and everybody before the Council acts on it. Parks asked Imhoff if he would have 20110714 CC Packet 20110707 120_060_000007 8 time before the next Planning Commission meeting to get with the City Attorney to clarify a “possible depreciating” situation. Imhoff said sure. The final item was an update on the Shore Protection Ordinance Review Ad Hoc Committee. Chair Monty Parks said tonight was the last meeting for the Committee. He said a summary of the recommendations and findings was available if the Commissioners would like to review that. He said the next step was to present the findings to Council on July 14. He said that would conclude the official business of the Committee which was done on time and delivered as promised. Demery Bishop motioned to adjourn and John Major seconded the motion. The vote was unanimous and the meeting was adjourned. 20110714 CC Packet 20110707 120_060_000008 20110714 CC Packet 20110707 130_010_000001 20110714 CC Packet 20110707 130_010_000002 20110714 CC Packet 20110707 130_010_000003 20110714 CC Packet 20110707 130_020_000001 20110714 CC Packet 20110707 130_020_000002 20110714 CC Packet 20110707 130_020_000003 20110714 CC Packet 20110707 130_030_000001 20110714 CC Packet 20110707 130_030_000002 Page 1 of 2 Friends of the Tybee Theater Regular Board Meeting May 19, 2011 PRESENT: Jane Bridges, Jay Burke, Keith Gay, Paul Gilker, John Herdina, Sarah Jones, Karen Kelly, Jim Kluttz, Maria Lancaster, Camille Searcy, Dick Smith, Terry Spatz, Hank Weisman. ABSENT: Carrie Efird, Gordon Matthews, Jenny Orr, Virginia Ward, Jenna Wilkinson. GUESTS: Carolyn Smith, Liaison to Tybee Tour of Homes; Molly Fortune, Fox Institute, Atlanta; Charissa Murray, DiVivo Marketing CALL TO ORDER: Jim Kluttz called the meeting to order at 4:02 pm and welcomed our guests. MINUTES: corrections: 8 homes on tour, not 10; asked for $500 not $5,000 from City; second checking account, not subaccount. Minutes approved as amended. [amended version sent to City 5/24/11] Carolyn Smith reported on Tybee Tour of Homes June 4. FOX INSTITUTE: Molly Fortune reported on the Fox Institute, which links communities and historic performing venues by providing successful preservation and operations expertise. She reported on how theaters become economic drivers for their towns. She reported on bricks and mortar projects and the Georgia Presenters program. They have two booking meetings per year and other cooperative activities. To become a member of the Theater Advancement Program, fill out an application. SOCIAL NETWORKING: Charissa Murray reported on the Post Theater’s Facebook page and fan pages. We can market events through the Chamber of Commerce, since we are members. In the last 30 days, we have had 516 web page visits, over 1,000 page views. She is continuing to post for the Theater and Tour of Homes. Our website has full capabilities of selling tickets, accepting donations, posting videos. Wine Fest has its own page within the Tybee Post Theater’s page. COMMITTEE REPORTS: Volunteers: Terry Spatz reported that our volunteers have been great. She and Amy have cleaned up the list. Finance: Jim Kluttz reported that Jenna Wilkinson has taken over the finances. She did the April report, but her computer system crashed today. We have nearly $180,000 180,000 in cash. Jim Kluttz has asked her for a simple accounting system for the Treasurer to oversee. He emphasized the wonderful job that Linda Gladin has done. Building: John Herdina reported that he has met with 4 contractors, will have prices for the floor by June 15. Additional Business: 20110714 CC Packet 20110707 160_010_000001 Page 2 of 2 Jim Kluttz has requested $65,000 from the City, as we did last year. Insurance for Tour of Homes is $400. He asked whether Board members thought we needed it. It was not listed as a special event on our policy. Board feedback was in favor, so Jim will get the insurance. We have contracted with Maria Lancaster effective May 9 to be our paid Board assistant. Jim Kluttz and Sarah Jones interviewed 5 people. Jim Kluttz asked for a motion to allow Maria to spend up to $1,000 at her discretion; $1,000 to $2,500 must be approved by Executive Committee, over $2,500 must be approved by whole Board. Maria Lancaster requested all Board members to join Yahoo Groups; please let her know if you need instructions. She is mounting all our documents on the page. Please go in and fill out contact information. She is asking community and civic leaders for feedback on how the Theater can be successful and getting some great feedback. She is investigating a summer series. Amy Kagan, Hank Weisman and Jenny Orr have agreed to help. Maria will put together financial plan. She is contacting every possible venue on Tybee about hosting performances: churches, restaurants, the Y, Legion, etc. “Tybee Idle” event: amateur talent show. Jim Kluttz stressed the importance of having a marketing plan. Please contact Maria Lancaster with ideas. Karen Kelly reported that money is still coming in from Wine Fest. Meeting adjourned at 5:08. Next meeting: Thursday, June 17, 4pm. No meeting in July. Jane Bridges, Secretary Jim Kluttz, President 20110714 CC Packet 20110707 160_010_000002 Prepared: May 11, 2011 Page 1 of 4 COMMUNITY RESOURCE COMMITTEE Future Water Withdrawal Permits Presentation Summary: Monday, March 21, 2011 @4:30pm MEMBERS PRESENT: Libby Bacon, Jim Burke, Lisa Callahan, Rusty Fleetwood, Shelly Krueger, Pat Locklear, Sandy Major, Judy Miller, Paul Wolff MEMBERS ABSENT: Don Ernst, Frank Kelly, Karen Kelly, Tommy Linstroth, Mallory Pearce, Freda Rutherford, Brad Sherman GUESTS: Bill Garbett, Bill Lovett, George Reese, Diane Schleicher, Kathryn Williams PRESENTERS: Brian Baker and Jeff Larson: Georgia Environmental Protection Division James (Jim) Kennedy: State Geologist, Georgia Environmental Protection Division SUMMARY: Rusty began the meeting at 4:30pm and explained that this is a combined meeting of the Infrastructure and the Community Resource Committees. He introduced Brian Baker from the Georgia Environmental Protection Division. Brian Baker reviewed the history of salt water intrusion and the Coastal Permitting Plan. Salt water intrusion became an issue in the 1940’s. s. In the 1960’s Hilton Head began developing as did the Savannah and Chatham County areas. This resulted in the Hilton Head wells beginning to salt up. In response, the state of Georgia initiated an interim strategy for managing salt water intrusion in April 1997. The interim strategy included Chatham, South Bryan and South Effingham Counties. Based on some of the work done on the interim strategy, the Coastal Permitting Plan was released in June 2006. Georgia coordinates with South Carolina to stave off the conflict as seen on the west side of the state. The technical advisory committee was formed between Georgia and South Carolina to share the cost with the Coastal Sound Initiative, paper companies and the City of Savannah. Most recently, South Carolina and Georgia have worked together by forming a salt water intrusion stakeholders group and steering committee. Brian reviewed five elements of the Coastal Permitting Plan of the Red Zone (Chatham County & Effingham County South of GA Highway 119) as follows: -Limit withdrawals from Upper Floridan Aquifer to 2004 actual amount -Reduce withdrawals by at least an additional 5 MGD by 2008 -Require implementation of water conservation and reuse measures -Ensure water withdrawal permit amounts requested are justifiable -Encourage /require use of alternate water supply sources. Brian expressed that there has been a great deal of success by changing the mindset and the way people think of the value of water and developing innovative ways to conserve water. Jeff Larson expressed that the issues are important to both states. There is a parallel effort in negotiating with South Carolina. Strategies to address salt water intrusion need to be addressed with both local efforts and bi-state efforts. Jeff introduced Jim Kennedy, Georgia’s State Geologist whose specialty is ground water geology. He presented information about the Coastal Georgia aquifers. He explained that all the work that has been done for the Coastal Sound Science Initiative came down to modeling 20110714 CC Packet 20110707 160_020_000001 Prepared: May 11, 2011 Page 2 of 4 (EPD 2006) the aquifer to produce a tool to make decisions about why is the saltwater occurring, how is it occurring and what can we do to manage it. Jim required the consultant to give EPD (Jeff and Jim) the model and train them about its use. The model shows that after 30 years of pumping with no reduction and with 50% reduction in the Savannah area and Hilton Head withdrawals the simulated plume moves inland. Jeff did more analyses with the model to simulate what it would take to stop the plume movement with ground water withdrawals. He looked at combinations of Savannah, Hilton Head and Bryan and Liberty Counties. He learned that in order to stop the plume movement you need a reduction of 97.5% in ground water withdrawals. He also did a theoretical analysis to figure out how the plume formed. Pumping in both South Carolina and Georgia contributed and that is why the states are working together. They also simulated stopping all pumping within the model for 100 years. The plume would stay in the same place. Stopping pumping is not going to flush the salt water out of the aquifer. It will remain for hundreds of years. He also presented the simulated chloride concentration. The conclusions they learned from the modeling follow (presentation slide 9): -The salt water intrusion model can be adequately calibrated to use for simulation of aquifer management scenarios -Reducing groundwater withdrawals from the aquifer, even by large amounts, would not eliminate salt-water intrusion into the Upper Floridan aquifer -Groundwater withdrawals in both the Savannah area and on Hilton Head Island were needed to create the inland extent of the current salt water plume on Hilton Head Island -Salt-water plumes would continue to exist well into the future even if all groundwater withdrawals were eliminated. South Carolina DHEC is also looking at chloride penetration into the confining unit and modeling the vertical migration of salt water through the confining unit. The modeling is not complete. One piece of work done for the Corp of Engineers regarding the Savannah Harbor Expansion Project (SHEP) was modeling how the deepening of the channel could affect the vertical migration of chloride into the aquifer along the channel. The year of the simulated effects Jim showed was 2050. With and without the dredging, the consultant found that the salt water intrusion vertical would be the same. Jim did modeling for a 40-year order of magnitude cost estimates. There is a fairly large range of cost estimates. At the March meeting of the SC/GA steering committee he was asked to concentrate on the options at the lower cost range for a model. One option with the lowest cost is to put an extraction barrier at the northern end of Hilton Head Island. Jim reviewed the lower Floridan Aquifer as an alternate source of water. Protocol for development of the lower Floridan Aquifer (Presentation slide 17): -Demonstrate that the Lower Floridan aquifer well is not open to the Upper Floridan aquifer as defined by USGS SIR 2010-5158 -Field test hydraulic properties of the Upper Floridan aquifer, Lower Floridan aquifer, and Lower Floridan aquifer confining unit in accordance with the Georgia EPD January 2003 hydrogeological study protocol -Develop a groundwater model to simulate the equivalent Upper Floridan aquifer pumping that induces the identical maximum drawdown in the Upper Floridan aquifer that would be expected as a result of pumping the Lower Floridan aquifer. Considerations for development of the Lower Floridan Aquifer (Presentation slide 18): -Limited information on the Lower Floridan aquifer at Tybee Island requires site specific testing -Lower Floridan aquifer well yield may be low 20110714 CC Packet 20110707 160_020_000002 Prepared: May 11, 2011 Page 3 of 4 -Water quality may require treatment -Possible high costs for field testing of Lower Floridan aquifer well yield, water quality, and aquifer hydraulic properties; and for development of groundwater model to simulate Upper Floridan aquifer drawdowns caused by Lower Floridan aquifer pumping -Reduction of Upper Floridan aquifer pumping to offset drawdown cased by Lower Floridan aquifer pumping may be high Jeff Larson reiterated that entities from both South Carolina and Georgia are working through the various scenarios that Jim presented. The stake holders are reviewing those and asking for more modeling. If an extraction barrier South Carolina has to be included for implementation and it has to be funded. It is not a short term idea. Political senior management needs to agree with the option the Stakeholders come up with and the funding mechanism. Governors committee exists in South Carolina and Georgia. They take up these issues. There are layers within this bi-state situation to find a solution. The steering committee is working on recommendations to give to the stake holders group. He anticipates mid-year that a report can be given to the Governors committees regarding the selected option(s). Then the other phases come into play. The current red zone does not change. It has been reduced to 2004 levels. The plans and the items reviewed are in place and viable sources will continue to be reviewed. The extraction barrier might ease up the Upper Floridan Aquifer, but, even though it is cheaper, but should not be done at the sacrifice of salt water intrusion and salting up wells and having it move towards us. QUESTION & ANSWER PERIOD: Rusty confirmed with Jeff that Tybee remains under the 2004 pumping limits and it is not expected to change until a permitting strategy between the two states develops. The salt water intrusion aspect is what is driving the stakeholder group. Rusty asked if there is a chance that Tybee’s limits would be reduced. Jim said that no mention has been made of looking at reductions of current groundwater withdrawals. The vertical movement as shown in his presentation graphs, if it were to affect Tybee, would take a long time. The concentrations from the vertical wells would be less than the lateral. Jim explained what an extraction barrier does. A line of wells are put in and the saltwater plume moving to you and it creates a line of depression. The saltwater hits that extraction barrier and gets pumped out and discharged out to Port Royal Sound. It creates a hole in the aquifer and the saltwater comes to that low point and is pumped out. A permit is necessary to discharge it. The barrier captures the saltwater. An injection barrier is where the water would be pumped in and creates a fence, which also requires permitting. Pat asked about permit holders. Bill Lovett confirmed the annual average permit is per day and the monthly average, which cannot be exceeded. Essentially, it has two numbers. Pat asked who would allow another permit holder to give Tybee part part of their allocations. Jeff confirmed it would be EPD. Jeff confirmed the federal government is involved with the permitting aspect as well. Paul asked if EPD was providing any guidance, models and or incentive for residential /commercial /industrial reuse when it is not feasible at the municipal level. Brian confirmed they leave that up to the industry. Jeff confirmed they do have management practices and can talk to groups about conservation and reuse. Jeff confirmed with Paul that they could review a proposed local ordinance that enabled reuse within a structure. Diane spoke to clarify that if an entity /city has unused water capacity that they are not using, they cannot transfer that capacity to another entity. Jeff confirmed EPD would have to look at 20110714 CC Packet 20110707 160_020_000003 Prepared: May 11, 2011 Page 4 of 4 permitted amounts and, if they wanted to take a part of that to move to someone else, they would have to look at that balance moving from one well /permit to another and there is a possibility to transfer the water. Jeff confirmed for Bill that EPD is not hearing about any further reductions from the stakeholders group, which is not done deliberating, of groundwater withdrawal lower than 2004 levels. Bill reiterated that Tybee has done what they need to do to meet the required levels, even with an impact to the industry. Jim stated that so far he has not been directed to include this scenario in his final simulations. They are looking at the engineered solutions for that reduction because of cost effectiveness. Jeff stated that the stakeholders and steering committee do not want to reduce anymore. They are happy /more comfortable to see an option that is less costly with the extraction barrier with no reduction. Jim stated that the steering committee (technical and water users) has said figuring out who will pay for a barrier is a good decision /question for the Governor appointed Savannah committee to undertake. Pat read an excerpt from a letter he has from the Ogeechee River Keepers regarding a statewide ban on so called aquifer storage and recovery. Jim confirmed it is not a statewide ban. It is a ban on Georgia coastal counties covered under the Georgia Coastal Management Act. It is not a restriction on ASR. It is a restriction on the Director of EPD granting a bond for the drilling of a well to transfer surface water to ground water. Jim confirmed South Carolina does not have the same restriction on ASR as Georgia does. Jim confirmed the modeling is not 100%, but 80% overall is accurate. He does not foresee anything happening to change the geology in Coastal Georgia and South Carolina to change the hydrology and throw the modeling off track. The meeting ended at 5:44pm. 20110714 CC Packet 20110707 160_020_000004 Prepared: May 9, 2011 Page 1 of 4 COMMUNITY RESOURCE COMMITTEE Minutes: Monday, April 18, 2011 MEMBERS PRESENT: Libby Bacon, Don Ernst, Rusty Fleetwood, Shelly Krueger, Tommy Linstroth, Sandy Major, Judy Miller, Mallory Pearce, Freda Rutherford, Brad Sherman, Paul Wolff MEMBERS ABSENT: Jim Burke, Lisa Callahan, Frank Kelly, Karen Kelly, Pat Locklear CALL TO ORDER: Rusty called the meeting to order at 4:38pm. MINUTES FROM THE FEBRUARY & MARCH MEETINGS: Freda made the motion to approve the February 22 meeting minutes. Don seconded the motion. The motion passed unanimously. Rusty explained that the March presentation summary will be available within the next few weeks. COMMITTEE REPORTS: Water Committee Synopsis from March Meeting: Rusty Fleetwood Rusty explained that the March meeting was primarily with DNR. Dr. Kennedy with DNR made a presentation about salt water intrusion. Committee members can obtain a copy from the IT department. The second item from that meeting is that Tybee’s water limits are not forecasted to change within the next couple of years. Rusty also mentioned to the committee members that during their goal setting meeting in November they discussed that the committee is about longevity. The Water Fair was a big leap and was successful. The other items the committee is working on will take time and patience to continue success of the committee. Water Fair 2012: Judy Miller Rusty announced that the Water Fair 2012 discussion will be postponed until the next meeting. Beach Showers: Don Ernst Don reported that his committee met in March with Savannah Architect, Michael Griffin and Gulfstream Sustainability expert, Roger Bowman. Ty is now interning in Atlanta, but will help via internet. Karen will prepare the donation package. Rusty spoke with Diane and two council members regarding a \ line item for incoming funds and outgoing expenses for the committee. He requested an amount from the committee in order to proceed. Don confirmed donations can be accepted. Libby is going to follow up with Sandpiper regarding the flush valve from their vendor. Frank agreed to follow the city budget of $50,000 for Royal Restrooms. Don is preparing a budget for their project. Committee members discussed recommendations for council. Don will have a draft budget by Wednesday, May 4 for his committee members to review. Don believes that they can lessen the cost by restoring the bathhouse; take it off of potable water source and landscape with $10,000. They have one 400 gallon 20110714 CC Packet 20110707 160_030_000001 Prepared: May 9, 2011 Page 2 of 4 container currently. They have talked to the Historical Society about capturing water from the top of the fort. In April they submitted for an Ocean Exchange grant with assistance from SCAD students. Rusty reiterated that he needs to know about grants in order to speak with Council. Don confirmed that there is not a match with this grant. Don is planning to make a presentation to council at one of their May budget workshops. He is also working with Michael Bodine in order to reach out to the community via channel 7 to upgrade the North Beach bathhouse. The committee will meet again after June. Energy: Freda Rutherford Freda reported that the committee did not meet in March and prior to this meeting. She is waiting for the employee surveys. Tommy reported about the data consolidation. He received the Island wide residential and commercial energy use from Georgia Power. That will be the biggest contributing factor with the two to three years of data. He does not have the waste of the city buildings. The city needs to be looking at kilowatt hours to compare costs. Freda requested the committee meet after this meeting. She commented that Diane is getting them information. Paul gave an update about the Memorial Park energy plan. Part of the grant was to have interpretive signs. Freda requested graphs showing the energy data. Paul will email the data to Freda. Rusty asked Paul about the water audit. Paul reported that Bethany is willing and able to teach others to do a water audit. The program does not take long and he will work with someone from the water committee. Green Space: Mallory Pearce Mallory reported that his subcommittee is dealing with green space and has consulted with Libby. He explained that green space is important for eco-tourism. A copy of a color coated zoning map was presented. Following are the areas he reviewed with and presented to the committee: 1) The Blue Heron Nature Park: The Park is the oldest established by City Council under Mayor Pat Locklear. Trails, signs and a picnic table are at the park. There is a Loblolly Pine Forest there and the Loblolly Pine is a common pine on Tybee. There is also a marsh view. 2) Sally Pearce Nature Trail: The trail was established by City Council. The trail has signage and this mixed maritime forest has marsh overviews. 2a) Unopened 3rd Street: There is a maritime forest with prime live oaks in this area. It could be connected to the Sally Pearce Nature Trail by action of City Council. 3) Painted Bunting Reserve: The reserve was established by City Council to protect nesting sites of Painted Buntings. There are mixed shrubs, wax myrtle, pines and dune vegetation within the reserve. 4) Unopened Miller (between 7th & 8th): There is high marsh in this area and is subject to tidal flooding. There are Red Cedars and pines are in the area, but there is not a trail. 5) The “Proper” property: In this area there is a mixed maritime forest. It was bought by the city to settle a lawsuit and was established as a nature preserve by council action. Gopher Tortoise has been observed in this area and there is not a trail. 6) Property title owned by the city. The conservation easement is held by the Tybee Island Land Trust. There are no trails, but are allowed along with signage and a bench allowed by the easement. The area is within high marsh with several Red Cedars. 7) Mallory Pearce’s property: This area is a mixed maritime forest with understory shrubs. 20110714 CC Packet 20110707 160_030_000002 Prepared: May 9, 2011 Page 3 of 4 The easement of this property is held by the Tybee Island Land Trust. 8) Area 8 (between Shirley & 9th Place) is in negotiation with the property owner and the Land Trust. The Live Oak grove along the sidewalk on Butler and dunes will be placed in an easement with the Tybee Island Land Trust. 9) Area 9 near Lighthouse Point is in negotiation with the City of Tybee Island, Captain’s Row Homeowners and Lighthouse Point Condominiums. Tybee Island’s City Attorney is involved. There are approximately twenty (20) acres of wax-myrtle shrubs, scattered trees and dunes within this area. It is a nesting area for Painted Buntings and other birds. A bobcat has been reported to be there. 10a) Unbuildable mixed wetlands with marsh: Scattered red cedars and wax-myrtle are within this area. The railroad bed crosses through it which could be made a walking trail. Property west of this area has a trail easement granted by the property owners to the City of Tybee Island. 10b) Battery Halleck and about 200 acres of marsh: The area is owned by one property owner. It is within County jurisdiction. The “Battery” is a narrow hammock with live oaks, pines, American Holly, and understory shrubs. Three (3) pits are the locale of Union army mortar sites during the bombardment of Ft. Pulaski. The National Park is interested in this property. 11) Twenty (20) acres of maritime forest adjacent to a pond: Wood storks roost in this area which is owned by the Dunns. The Land Trust has had some discussions with the Dunns. The area is zoned as a conservation area. 12) Some dune areas and adjacent unopened city streets could be established as parks by action of council. 13) City owned land adjacent to sewer plant (near the City’s campground): There is a trail through this area that is available to beach goers. In this area there are mixed shrubs, wax-myrtle, and a willow swamp which is invaded by Chinese tallow. A future possibility is to maintain water level in the swamp with processed sewer water. Buntings are also in the area. The adjacent beach is excellent for bird watching and shell collecting. 14) Mixed maritime forest with some willow swamp: This is private property with unopened forested city streets. In the past the Land Trust tried to negotiate with developers to protect part of it. The area has gone into foreclosure before and the future is uncertain. Libby will be meeting with Jimmy Brown to review city documents and to log the unopened roads on Tybee Island. NEW BUSINESS: Seafood Festival: Judy Miller Judy announced that the Community Resource Committee is participating in the Seafood Festival Saturday, May 7 from 11am until 7pm. Set up is Friday. She is planning to have displays set up regarding oil being recycled with applications available, the water fair and other information regarding the restrooms. There will also be a children’s game with toilet lids. Judy passed around a signup sheet for committee members to help work. She wants to sell the left over water filters during the event. Discussion ensued about the vendor fee. Paul suggested Judy talks to Chantel and Diane. Rusty will talk with Diane. Discussion ensued regarding having a line item in the City budget. Rusty confirmed 20110714 CC Packet 20110707 160_030_000003 Prepared: May 9, 2011 Page 4 of 4 someone on the committee will need to track the budget. Don made a motion that the there be a line item or a journal entry in the city budget as appropriate. Tommy seconded the motion. The motion was passed unanimously. Rusty will convey this information to Diane. OLD BUSINESS: Rusty recommended that committee members be present at various city committee meetings such as parking, public safety and infrastructure. He will send out a schedule. Libby gave an update about the recycled vegetable oil program. So far, Biofuel has sold the city 275 gallons and there are eight to nine restaurants participating. Others are being talked to for participation. ADJOURN: Mallory made the motion to adjourn the meeting at 5:52pm. Judy seconded the motion. The motion passed unanimously. 20110714 CC Packet 20110707 160_030_000004 Prepared: June 6, 2011 Page 1 of 2 COMMUNITY RESOURCE COMMITTEE Minutes: Monday, May 16, 2011 MEMBERS PRESENT: Libby Bacon, Lisa Callahan, Don Ernst, Rusty Fleetwood, Frank Kelly, Shelly Krueger, Sandy Major, Judy Miller, Freda Rutherford, Brad Sherman MEMBERS ABSENT: Jim Burke, Karen Kelly, Tommy Linstroth, Pat Locklear, Mallory Pearce, Paul Wolff CALL TO ORDER: Rusty called the meeting to order at 4:30pm. MINUTES FROM THE MARCH & APRIL MEETINGS: Rusty announced that he emailed everyone a copy of the March minutes. He reiterated that, in general, Tybee should not have its pumping limits increased nor reduced in the near future. Paul and Bill are at the Georgia Coastal Regional Water Plan open house in Richmond Hill. Tybee is in a red zone area and that is not expected to change. Conservation, reuse and wise management practices are being stressed. Chantel will resend the March and April minutes to members. Rusty asked that members review and let Chantel know of any changes. COMMITTEE REPORTS: Water Committee – Water Fair: Judy Miller Judy reported that the Water Fair is going to include energy. The Water – Energy Fair is planned for February 4. Even though this is the same day as the Critz Run, she feels it would be a plus for the turnout. Concerns with volunteerism and parking were discussed. Rusty made a motion that the entire committee volunteer at the Fair. Lisa seconded the motion. The motion passed unanimously. Beach Showers: Don Ernst Don reported that the committee met this afternoon to discuss alternative options to the biocell and they are going to explore a shallow well, treating water and delivering it to three crossovers on North Beach. The biocell alternate plan will be presented next month. He said Joe Wilson is open to establishing the biocell at the Wastewater Plant for study. Sandy suggested Don talk to Jim McClain regarding his experience with shallow wells. Discussion ensued about the budget line item for Royal Restrooms versus North Beach restrooms. Don made a motion that the Chair send a a letter to City Council from CRC to consider temporary funding of a portable restroom and give CRC time to consider alternative options. Freda seconded the motion. The motion passed unanimously. Energy: Freda Rutherford Lisa requested to work with Freda on the Energy Committee. Rusty agreed. Freda reported that Paul, Brad, Tommy, and she met. Freda passed out the City’s energy usage information, which Paul provided them with for review at their meeting. First quarter of 2008 (the benchmark year) was used for comparison to 2011. A reduction in 20110714 CC Packet 20110707 160_040_000001 Prepared: June 6, 2011 Page 2 of 2 energy use at City Hall and the Fire Department is shown. The YMCA and Gym show a significant increase. Discussion ensued about usage figures from the past few years and first quarter 2011 system failures. The CRC’s original idea was to have Mallory do visual displays about the project. Freda requested that the members review the information provided and she would like Paul to provide a better explanation at the next meeting. She also would like to ask about an opportunity to modify the grant to start the measuring period in the second quarter. The energy committee will meet again this month and provide a report and recommendations at the next CRC meeting. Freda stated that the employee commute information is pending and confirmed data gathering is coming together. Freda reported that Judy and she talked about combining the Water and Energy Committees for a bigger impact during the Fair in February. Transportation: Frank Kelly, Libby Bacon Frank reported that information regarding City fuel usage is pending. Discussion ensued about the committee recognizing businesses that are participating in the biofuel movement and /or green efforts. Chantel reported that Michael Bodine designed a recycling logo with dolphins for the city and it can be used for others. Michael displayed the logo on the overhead. She will email the logo to Rusty and he will send it to Frank and Libby to consider its use. Mallory will be consulted as well. Solid Waste: Karen Kelly N/A Green Space: Mallory Pearce Libby reported that when she last spoke with Mallory she was told the conservation easement near Lighthouse Point is being pursued. She continues to work on identifying unopened roadways. Usage or no usage of green space is being considered. Rusty asked about the tree inventory that was completed approximately ten years ago and within the last two years. NEW BUSINESS: Committee Accounting Rusty nominated Judy Miller to handle financing for the CRC. All were in favor of Judy being Treasurer for the CRC. He suggested she meet with Diane to discuss protocol. OLD BUSINESS: Judy reported the games and displays she had at the Seafood Festival were well received. Rusty will send out the City meeting schedules to committee members. ADJOURN: Freda made a motion to adjourn the meeting at 5:25pm. Judy seconded the motion. The motion was unanimous. 20110714 CC Packet 20110707 160_040_000002 Public safety Committee Minutes April 28, 2011 Present: City Council: Wanda Doyle, Frank Schuman, Shirley Sessions City Manager Diane Schleicher, Chief Bryson TIPD, Chief Sasser TIFD Approval of March 24, 2011 minutes – Unanimous New Business: 1-Don Cogdell – Delivery methods for Design/Construction Projects. (How these methods relate to the New Public Safety Building) Diane Schleicher presented a brief review of the newly proposed Public Safety Building. Don Cogdell of Cogdell & Mendrala PC gave a presentation and Handout on Delivery Methods for Design /Construction Projects which are: Design /Bid/Build Design/Build Construction Manager at Risk – Most Common Shirley Sessions-We should have everyone involved working for one common goal so nothing gets overlooked. Discussion Only – No Action Taken Copy of the Handout is on file. 2 – Cops Grant – Chief Bryson – US Department of Justice Grant known as COPS Grant, for a Department our size according to the Grant Guideline One Officer is the maximum that can be received. The Federal Government pays the salary of the Officer for three years with a guarantee that the City would pay the fourth year. We may be able to use part timers (Beach Patrol) to increase the agency size. Chief Bryson – I will put in for the maximum amount of officers (6-8) we could receive under the Grant, this will not hurt our chances of receiving at least one 20110714 CC Packet 20110707 160_050_000001 Officer. According to statistics there should be Five Patrol Officers per shift for a City our size. Wanda Doyle – Will going for the maximum amount hurt our chances of receiving at least one officer? Chief Bryson – No Shirley Sessions – The funding for the fourth year needs planning what would happen if there is no funding by the City for the fourth year? Shirley Sessions -I would like to hear from Chief Sasser on this topic. Chief Sasser-We are looking at hiring additional Police Officers (6-8) we should also be looking to hire additional Firefighters. Chief Bryson – Cross Train new hires as both Police Officer and Firefighters. Chief Bryson – If we receive the maximum numbers of officers under the Grant we could use the full time new officers for Beach Patrol, dispose of the part time positions we currently use or create a specialized DUI Unit within the Department. Frank Schuman – Chief Sasser put in the budget what is needed. Shirley Sessions – Why did second firefighter’s position get cut? Chief Sasser – Budget cuts Shirley Session – Reapply Frank Schuman – Recommend proceeding to Council with COPS Grant. Shirley Sessions – Second Wanda Doyle -Yes 3 – GIRMA Grant-Safety Equipment and Training Grant Application – Grant funds 100% no local match is required. The Police Department will apply for the grant and use the funds for body armor, reflective vests and other safety equipment. Chief Bryson – Reviewed Grant Application with the Public Safety Committee. Shirley Sessions – Recommend proceeding to City Council with GIRMA Grant. Frank Schuman – Second Wanda Doyle – Yes 4-Freddie Barber of Lazaretto Jet Ski Rentals – Jet Skis and Public Safety issues 20110714 CC Packet 20110707 160_050_000002 Not Present Frank Schuman – I have spoken with Mr. Barbers about this issues , he would like to see each jet ski rental agency have a guide and possible boundaries or zones for each rental agency. Wanda Doyle – I have also received complaints on jet skis. Frank Schuman – Can the City be liable if we do not require certain regulations apply to Jet Ski rentals? Shirley Sessions – Ask Bubba Hughes Wanda Doyle – Are there no guidelines in place? Diane Schleicher – There are guidelines in place when it involves the transportation of people, water taxi, dolphin tour etc. Chief Sasser – There are State laws in effect for some jet ski violations, more information and study is needed before we should place zones in effect for jet ski rentals. Old Business 1 – Beach Signage: Hunter Robinson – Presented a slide presentation on Beach Signage: Wanda Doyle – Approximately Ten Thousand Dollars would be required for new Beach Signage. The present signs are not clear. Diane Schleicher – Beach Signs can be very expensive Diane Schleicher – Replace present Brown Signs using a different color scheme that is commonly used for “regulatory signs”. Shirley Sessions – Hilton Head signs are made in Savannah at a reasonable price. Diane Schleicher – We should count Access points, review wording and get a quote. Wanda Doyle – Get numbers together for Capital Improvement Plan in 2012 Budget. Wanda Doyle – Use a red “NO” in naming Beach Rule violations. Wanda Doyle – Have City Manager Diane Schleicher proceed forward with gathering cost etc for new Beach Rules signage. Frank Schuman – Second 20110714 CC Packet 20110707 160_050_000003 Shirley Session – Yes Wanda Doyle – What is the Lifeguard schedule at the present time? Chief Sasser – The lifeguards are not working week days at this time. Wanda Doyle – I received word there was a large group of kids on the beach last week, no Lifeguards were present. Diane Schleicher – We did receive some County money last year. Chief Sasser – We should press the State for money, the people that use and enjoy the Beach are from all over the State. Hunter Robinson-The majority of people rescued from the water are from outside Chatham County. Wanda Doyle – Maybe we can request the Mayor to ask the State for Lifeguard funding. Adjournment JB 5-2-11 20110714 CC Packet 20110707 160_050_000004 Page 1 of 1 CITY OF TYBEE ISLAND Green Team Minutes May 24, 2011 Members in attendance: Chair Chantel Morton, Denise Dubuque, Jackie Cary, and Haley Hill. Jan LeViner was excused. Chair Morton called the meeting to order. Chantel requested that we accept her resignation as Chair and select a new member; Jackie Cary volunteered for the position. Discussion ensued regarding the lack of Green Team members due to occupational turnover, schedules, etc. Jackie will reiterate with Department Heads regarding Green Team appointments; specifically with Water/Sewer, TIFD, TIPD, and Riversend Campground. Old Business 1. Recycling: Chantel noted there was diminished weigh-in information for March, which was most likely due to the lack of Green Team membership. New Business 1. Haley reported on the Energy Use Review meeting which she attended 5/18/11. Topics included the thermostat settings, energy management practices and first quarter energy saving results. 2. The Green Team module focus for the year was discussed; all all members present agreed on Energy Conservation (viewable at www.1.GADNR.org). The meeting was adjourned. 20110714 CC Packet 20110707 160_060_000001 Tybee Island Marine Science Center Minutes of January 26, 2010 Board Meeting Present: Mike, Debbie, Dionne, Maria, Judy, John The agenda was approved. The minutes for December were approved with two corrections. Mike will forward approved minutes to the city. Treasurers Report: A motion was made and approved that budget item 8590 should be clarified and approved prior to making expenditures in that category. It was requested that December’s financial reports be sent out. The financial reports for 2010 showed very positive results; several items were discussed, and Maria was commended. Maria reiterated the reason for not using a debit card was the lack of expenditure limits that could be set on the card. Executive Director Report: Maria reported that the 2010 year end financials are shown on an accrual basis. It was stated that June 4th would be the date of this years kayak race. Maria requested that the date for the 2012 race be set prior to the 2011 race, a suggestion that Debbie agreed would be beneficial. Maria showed several of this year’s marketing endeavors in publications/handouts that included those directed at girl scouts and hotel visitors. Debbie would also like to insert advertisement of the kayak race in one of the next electronic newsletters. A motion was made and approved that checks paying our bills to Humana and Georgia Power be exempt from the two signature requirement on checks exceeding $1200. Maria discussed the changes and reinforcements made to help prevent break in of the center. Maria brought up the request of Paul Wolf and Joe Richardson to have the center sign off on a grant request. After discussion that included the need of a grant being a match of the centers mission, the need for us to monitor it, and for it to cover costs, the following motion was made and approved: Pending approval of a final proposal, that we agree to serve as the applicant for the Wolf/Richardson water quality proposal to the Pentecost Ecology Fund dependent on the inclusion of a informational product created created for us of our choosing. It was decided that Maria would make the decision of the proposal based on the above motion with the assistance of Dionne. Final disbursement of monies from us should be dependent on receipt of the educational product. 20110714 CC Packet 20110707 160_070_000001 Committee Reports: Debbie received confirmation of us helping with this year’s Kayak race. It was suggested that we send out an email requesting volunteer assistance using our electronic mailing list. Debbie requested that members complete their homework assignments for the next development meeting. Tentatively, it was decided that the next development meeting be held at the center at 5pm on Thursday February 24th. It is understood that this is the day following our board meeting. Action Items. Details above. 1.Maria to provide clarification of budget item 8590 for our approval of expenditures from that category. 2. Maria to send out December financials. 3. Board members to complete development homework assignments for the meeting to be held on February 24. 4. Next board meeting; February 23 in the center at 7pm. . 20110714 CC Packet 20110707 160_070_000002 Tybee Island Marine Science Center Minutes of February 23, 2010 Board Meeting Present: Mike, Debbie, Dionne, Maria, Judy, Cathy, Kathryn and John The agenda was approved. The minutes for January were approved with one correction. Maria will be forwarding the approved minutes to the city. . Treasurers Report: John mentioned that everyone should be cautious in comparing financial results of this year to last year. The Gallery had been closed to the public for renovation last year and we have the impact of the Sidewalk to the Sea reimbursable grant this year. Executive Director Report: Maria reported that the Sidewalk to the Sea packet she made for participants received great support from the teachers and principals. It should facilitate participants getting set up for the program. Karen is retiring which will allow for some restructuring of the operational duties including possible outsourcing of billing. After discussion of the Pentecost Ecology Fund grant, it was decided to continue with the grant; however, however, Mike would discuss the role of Joe Richardson on the advisory committee with him. There are some competitive issues that should be understood. After discussion it was decided that Maria and John will discuss and make a recommendation of how to record expense item 8590, Contingency, on the budget. Maria reported on the need, as determined by auditing our assets, to increase our flood insurance liability from 50K to 100K. Maria will report her recommendation by email where the additional (estimated $1,600) will be taken on the budget. After a discussion of the need for a replacement HVAC unit for the first floor, it was agreed that a 10 ton unit would make sense and a motion was made and approved for Maria to go forward with the Weather Doctor’s proposal. The $16,500 will be taken from the restricted SPLOST held by the center. Committee Reports: Debbie reported that Elizabeth Johnson has volunteered to be on the committee for the kayak race. Judy is the co-chair of the race. Board members should send send any ideas of 20110714 CC Packet 20110707 160_080_000001 ‘extras’ that would make it more interesting for spectators or for additional races to her as soon as possible. She mentioned that the Patriot Challenge in Charleston utilized a video stream. Old Business The board development meeting will be held February 24, in the center at 5pm. Action Items Details above. 1. Mike to have discussion with Joe Richardson. 2. Maria to report on installation of new HVAC unit. 3. Maria and John to make recommendation of budget item 8590 4. Board members give any ideas on kayak race to Debbie. 5. Next board meeting; March 23 in the center at 7pm. . 20110714 CC Packet 20110707 160_080_000002 Tybee Island Marine Science Center Minutes of March 23, 2010 Board Meeting Present: Mike, Debbie, Cathy, Kathryn, Maria and John Guest Present: Chris Hintz The agenda was approved. The minutes for February were approved. . Presidents Report Mike noted that the main goals for the coming year are Board Development, Strategic Planning, and Progression of the Building Plans. He also reported on the talk he will give before the Tybee City Council for the need of an ordinance protecting live marine life on the beach such as sand dollars and starfish. Treasurers Report: Maria’s report did well in explaining the financials. It is normal for supplies to be high as we build up for the summer season. Executive Director Report: Maria reviewed the report submitted by her on income streams for the last three years. A positive note is the large percent that earned income makes up of the center’s funds. A discussion of competition for beach walks and the like with the need of appropriate advertisement was held. It was recognized that competing with the center should not be a reason for keeping someone from being on the Advisory Committee. The Sidewalk to The Sea grant is going extremely well. A facebook page will be started and maintained on an ongoing basis soon. Maria will be concentrating on fund raising for Sidewalk to the Sea and depend on her staff to run day to day business with oversight on her part. She will reprioritize and report to the board any desired revisions to goals for this year. With an approved motion and second, flood insurance will be increased to $150,000 which will more fully cover losses in that area. Primarily only data will be able to be brought off the island if hurricanes threaten. It is recognized by the board that revenues will exceed expenses in the budget. Keeping a balanced budget and operation would not allow the center to fund actual cash flows. Committee Reports: Debbie reviewed the importance for board members to start recruiting sponsors for the Kayak Race to be held on June 4, 2011. To To that end sponsor sheets and registration forms were handed out. Of note is the added participation only division of the 6 ½ mile River Race. This will enable those who do not wish to race (sort of a walk not race) participate in the event and obtain a Kayak Race Event T-shirt. 20110714 CC Packet 20110707 160_090_000001 A web site, tybeekayakrace.org, has been set up. Sponsors may have their site linked from this site for additional advertisement. Half Moon Outfitters have donated a Perception kayak which will be raffled at the race. Action Items Details above. 1. Board members to review stated goals for this year. 2. Board members to start obtaining sponsors for the Kayak Race. 3. Next board meeting, April 27, at 7:00pm in the center. . 20110714 CC Packet 20110707 160_090_000002 TYBEE BEAUTIFICATION ASSOCIATION 8 JUNE 2011 MINUTES Members present: Deb Barreiro Anna Butler Lisa Callahan Bill Cannon Bill Garbett Gloria Leonard Chantel Morton Lyn Randall Karen Rhodes Alisa Salakia Shirley Sessions Andy Young Deb Barreiro presiding Litter Committee – Deb Barreiro Beach Sweep July 4 6:00 to 10:00 AM Meet at Pavilion 6/25 – Diane Kaufman and Make A Difference – mini-sweep to involve renters Financial Report – Alisa Salakia To be sent as attachments Volunteer Hours – Deb Barreiro Be sure to log in all volunteer hours – report to Chantel Morton or Deb Barreiro New Business – Deb Barreiro Median Project – From Lazaretto Creek to Battery Row, to Caruso Island Road; then to Estill Hammock *Will happen during the offseason; estimated cost for first phase is $7K-10K, depending upon where we get the plants. *Could ask for grant with $11K for DPW in matching funds *Should we create a drainage swale for the grasses we plant, as with the Garden City plantings? *Do we want to relocate crape myrtles? myrtles? *DPW will truck in soil from Wilmington I. in October *Planting to begin late January/early February *Must be sure to plant with root balls below ground *Do we want to partner with other groups? 20110714 CC Packet 20110707 160_095_000001 Fundraising Ideas/Brainstorms: Cook-off Talent show Use of wedding chapel for a function in return for publicity Mickman wreaths (orders must be in by August) Low country boil Dog wash – could use HS students for community service and pair with a food event Would Roger Wood donate sausage if we did a low country boil? Where? Saint Michaels? Stupid pet tricks Men’s beauty pageant Treasure hunt – geocaching – field day Mr. Jim Wann show Do we want to get on City calendar for Marathon weekend? Talk with Harry Spirides (host hotel) and organizr (Dale Critz). Do we want to share $ with TIPT? Pirate Fest Lisa Callahan will contact new organizer to volunteer TBA Day of Action – Shirley Sessions June 21 – United Way partered with YMCAs – reading volunteers for literacy programs More Humane Society looking for a volunteer for 3 months to organize the volunteers – could become permanent job Minutes submitted by Lisa Callahan for approval 20110714 CC Packet 20110707 160_095_000002