HomeMy Public PortalAbout050_010_20161020Minutes.pdfCity Council Minutes 20161020
Mayor Buelterman called the Special City Council meeting to order at 4:30PM. Those present
were Julie Livingston, Monty Parks, John Major, Wanda Doyle, Barry Brown and Bill Garbett. Also attending were Diane Schleicher, City Manager; Bubba Hughes, City Attorney; Angela
Hudson, Director, Finance Department; and Janet LeViner, Clerk of Council.
Mayor Buelterman recommended trick-or-treating be moved from Lewis Avenue to the YMCA in
Memorial Park. This is due to the results of Hurricane Matthew as the City does not wish to
burden them. Also, Rising Tyde will be conducting a fund raiser for those in need and
information will be forthcoming.
Mayor pro tem Brown stated a mobile post office will be set up on Friday, October 21, 2016 so
residents will not have to travel to Wilmington Island for mail pick-up. When this information
becomes finalized it will be posted on the website and through social media.
Mayor pro tem Brown recommended the City research a Field Permit which would ensure work
is done by a licensed contractor. Council, Officials and City Attorney Considerations & Comments
Waive the building permit fees for non-structural roof and siding repairs for 30 days.
John Major recommended in addition to waiving the permit and not requiring a permit for 30
days on trees and structural damage, work be tied to the homeowner’s insurance claim. The
homeowner would bring evidence of having submitted a claim during those 30 days and when
the reimbursement is received they could still have the permitting fee waived. Ms. Schleicher
recommended the homeowner still apply for the permit within those first 30 days as the permit
is valid for one year. Ms. Doyle agreed with Mr. Major as claims will take longer to review and
therefore delaying payment. She reminded Council it is their responsibility to assist the
residents of the Island and recommended increasing the grace permit from 30 days to possibly
60 days. Mr. Hughes stated this is covered in the Emergency Ordinance/Resolution and the
Charter states 30 days but can be repealed automatically at the end of 30 days and be re-
enacted. Mr. Garbett confirmed the permit at no charge is just for non-structural construction.
Ms. Schleicher confirmed and all work is done by a licensed/registered contractor. Mr. Parks
recommended Mayor and Council will revisit in 30 days. Mayor Buelterman confirmed. Ms.
Schleicher recommended this be included on the agenda on November 10, 2016. Mayor
Buelterman confirmed. Wanda Doyle made a motion to approve. Monty Parks seconded.
Vote was unanimous, 6-0.
Waive the tree removal permit fees for damaged and downed trees for 30 days.
Wanda Doyle made a motion to approve. Bill Garbett seconded. Vote was unanimous, 6-0.
Waive dump fees for wet storm related household items and storm related
construction debris for 15 days. Ms. Schleicher stated DPW will be staffed from 8:30AM –
11:30AM each day, seven days a week, which will provide Atlantic Waste time to change out
the containers. She reiterated this is only for household items and storm related construction
debris. Monty Parks made a motion to approve and to revisit at the November 10, 2016 City
Council meeting. Wanda Doyle seconded. Vote was unanimous, 6-0.
Waive late fees for October’s utility bills and Hotel/Motel tax returns. Wanda Doyle
made a motion to approve. Monty Parks seconded. Vote was unanimous, 6-0.
Suspend cut-offs for water customers who are on the cut-off list in October and
November. Bill Garbett made a motion to approve. Wanda Doyle seconded. Vote was
unanimous, 6-0.
Discuss debris removal to include the following options:
Approve staff preparing an RFP for storm related/damaged household contents,
construction debris removal and leaning trees, stringers and stump removal in City
r-o-w’s and City property. Ms. Schleicher explained the current debris removal on public
property and r-o-w only includes tree trunks and limbs. It does not include leaning trees,
stringers and stump removal as well as household contents and construction debris. CEMA has
been contacted and explained the City might be able to be reimbursed but needs to have a
contract that specifically has those items included. Mayor pro tem Brown asked the status of
private property. Ms. Schleicher responded the City does not have the authority to go on
private property but can address if the tree(s) is/are a public hazard. With the proposed RFP,
leaning trees, stringer and stump removal would be for public streets. Ms. Doyle stated that
the new 2016 FEMA Guidelines, City trees are not covered for re-imbursement. Ms. Schleicher
stated she will get a clarification. Mayor Buelterman recommended the City contact the Georgia
Forestry to assist with identifying trees that are at risk of falling. Ms. Schleicher confirmed. Ms.
Doyle recommended property owners inventory the trees on their property that are in danger of
falling and the City waive the fees associated with tree removal. Mr. Parks stated the
recommendation to the public is, if they feel it is a dangerous tree on the public r-o-w, contact
the City and not cut the tree down unless they want to incur the cost themselves. Ms.
Schleicher confirmed. Wanda Doyle made a motion to approve. Monty Parks seconded.
Vote was unanimous, 6-0.
Approve staff preparing an RFP for storm related damaged household contents,
construction debris monitoring and leaning trees, stringers and stump removal
monitoring in City r-o-w’s and City property. Ms. Schleicher explained if there is a
Mutual Aid Agreement with the County for services and if they have a debris contract in place,
the City could request the County assist in the debris removal. The County is contacting FEMA
for clarification. Ms. Doyle asked two questions: (1) who does the monitoring and (2) are the
issues at hand in FEMA/CEMA/TIMA Guidelines or, are we being made aware due to the
hurricane. Ms. Schleicher responded Adkins is doing the monitoring and the only items TIMA
has in place is the debris monitoring on public property and public r-o-w and defined as organic
matter. In her discussions with the County and the City’s debris monitoring company, in other
municipalities there are contracts in place that allows the household items in the r-o-w and
stumps. Mr. Parks asked if Atlantic Waste will be allowed to bid on the RFP. Ms. Schleicher
confirmed but not the monitoring portion as a separate monitoring company is needed. Mayor
Buelterman stated after Hurricanes Katrina and Sandy, FEMA realized there was abuse in the
system and they have become strict. Monty Parks made a motion to approve. John Major
seconded. Vote was unanimous, 6-0.
Approve staff preparing an RFP for both yard debris and storm related/damaged
household contents and construction debris removal and from the shoulders of
private side streets including within gated communities contingent on FEMA
approval for said actions. Mayor Buelterman explained the County is making a request on
Friday, October 21st, for approval and the City will need to do the same. FEMA has not
approved as of yet. Ms. Schleicher stated this does not include leaning trees, stringers or
stump removal in private gated communities. Ms. Doyle asked for clarification if FEMA does not
approve. She continued, if FEMA does not approve what happens to the private communities
as (1) most homeowners did not realize their roads/streets were private and (2) they are
taxpayers. She stated Atlantic Waste trucks and Water/Sewer Trucks come in their private
community why can’t the debris company? Mr. Hughes responded it is a crime under George
law for a city to perform maintenance or improvement work on private property including
private roads. Mayor Buelterman interjected the City is doing everything possible to insure
things are done within the law. Mr. Parks asked when we will know if FEMA approved said
actions. Mr. Hughes stated he is not aware and should come in written form from an
authorized source that publically answers. Mayor Buelterman asked for clarification regarding
the laws with private property issues. Mr. Hughes responded if a tree is interfering with City’s
infrastructure, in his opinion, it can be taken down as well if the danger is interfering with
emergency access to residents. The Resolution he has prepared is to the extent legally
permissible. Ms. Doyle stated Friday, October 21st, she has a meeting with the District Manager
of Debris Removal from FEMA at Eagle’s Nest. They will outline the laws of the private
roads/communities. Mayor pro tem Brown confirmed the majority of the streets beachside are
private roads. Ms. Schleicher confirmed. Mayor Buelterman recommended moving forward.
Mr. Hughes stated written permission from the homeowners is required and it is contingent
upon being handled in a legal manner. This is a Right of Entry and Indemnification Agreement
that will need to be executed by each resident on a private road/community.
Marianne Greer, 6 Gabby Lane approached Mayor and Council. Ms. Greer stated that most
of the residents on Gabby Lane did not realize their street is a private lane. She continued if a
Right of Entry and Indemnification Agreement is to be signed how this is done if they are not
full time residents. Ms. Greer asked Mayor and Council how to go about changing the
designation of a private street to a public street. Mayor pro tem Brown stated the developer of
their property did not deed the road to the City at the time of construction. Mr. Hughes stated
that ordinarily within the title to the piece of property, as part of the description, would be
language “bordered by a private lane”. This is considered notice that it is not a public street.
Mayor Buelterman thanked Ms. Greer for her comments.
Lisa Lepofsky, Eagle’s Nest Lane approached Mayor and Council. Ms. Lepofsky stated that
her property backs up to Highway 80 and the State law mandates that City employees cannot
come on private property to evaluate and eventually remove leaning trees. She asked that City
employees be allowed to enter the private property for evaluation of the trees and possible
removal. Mr. Hughes recommended this language not be included in a motion. Mayor
Buelterman recommended Ms. Lepofsky contact Georgia Forestry for evaluation of the trees she
has concerns with. Mr. Hughes stated that in the presence of an immediate threat to life and
property it will not be possible and furthermore he does not want residents to think that Mayor
and Council have agreed to clean the shoulders of private drives. He is working with the
County Attorney, John Hart, for a solution. He reminded residents that if they own property
and there is a leaning tree that might jeopardize their neighbor’s property or the City’s property,
it is their obligation to ensure the tree does not cause damage. With knowing the tree is bad,
the property owner is on notice and has potential liability if it were to be taken down by
anything other than an act of God.
David Turner, Eagle’s Nest approached Mayor and Council. Mr. Turner asked for an
explanation of a “private road”. Mr. Hughes explained that it depends on how the road was
originally created and whether it was dedicated to the City and accepted by the City. He
continued by stating FEMA is not about this rule regarding private property but about
reimbursement. Mr. Hughes explained the County and City are working together to work in a
way where (1) can get authorization to work on private property without being a violation of
law and (2) receive reimbursement from FEMA if the City can do the work. Mr. Turner
explained the easement the residents of Eagle’s Nest were restricted to for electric, telephone,
cable, etc.; with that easement does not that provide a right-of-way to the City? He also asked
if there could be a referendum whereas residents of private roads can petition the City to
accept them. Mr. Hughes responded those residents can petition the City to accept the
dedication of what was previously private roads and it is up to the City to accept as they are
under no obligation to do so. Mayor pro tem Brown confirmed with Mr. Hughes. Mayor
Buelterman thanked Mr. Turner.
Don Doyle, Eagle’s Nest approached Mayor and Council. He presented a Memorandum to
the City of Tybee Island where the residents and property owners of Eagle’s Nest grant
permission to the City of Tybee Island, its contractor, or the vendor determined by the City, to
remove the storm debris that has been placed along the roadside right-of-way within their
neighborhood (attached). Mr. Doyle outlined the impact of the debris and the issues with
safety. He feels there are issues with clearing the debris on private roads. He recommended
this be lobbied on a higher level and Mayor and Council do due diligence moving forward.
Mayor Buelterman thanked Mr. Doyle.
Amy Gaster, Eagle’s Nest approached Mayor and Council to express her appreciation for
everything Mayor, City Council and City Staff has done in regards to Hurricane Matthew. Ms.
Gaster stated that the issue of debris removal on private road is a consequence of the storm
plans. She thanked Mayor and Council again for their efforts in assisting ALL City residents.
George Keeler, President, HOA, Sandy Shores, approached Mayor and Council to ask that
the trash collectors are not given the authority to determine whether debris is storm related or
not. Mr. Keeler expressed his concerns with the removal of appliances. Mayor pro tem Brown
provided Mr. Keeler contact information for a gentleman for the removal of appliances. Mayor
Buelterman thanked Mr. Keeler.
Kathryn Williams, 1503 Chatham Avenue, approached Mayor and Council. Ms. Williams
thanked the Mayor, Council, and City Staff for their exceptional service during and after
Hurricane Matthew. She expressed her appreciation to Mayor and Council that the community
is financially stable as the City is going through a crisis. Ms. Williams asked for clarification of
disposing of dry trash. Ms. Schleicher responded it can be taken to Memorial Park and on the
shoulder of Jaycee Park on Van Horn. There was a short discussion regarding access to North
Beach Parking Lot. Ms. Williams recommended a compromise for limited access while
preserving public safety. Mayor Buelterman asked Ms. Schleicher to contact the contractor for a
viable compromise. Ms. Schleicher confirmed. Ms. Williams thanked Mayor and Council again
for their continued support in the community in regards to Hurricane Matthew.
Monty Parks made a motion to approve as amended by removing the language “contingent on
FEMA approval for said actions” for the purpose of getting an RFP in process and request Staff
start preparing a document for the private neighborhoods to sign in conjunction with Mr.
Hughes approval. Wanda Doyle seconded. Vote was unanimous, 6-0. Discussion: Mr.
Hughes stated the document provided by Mr. Doyle will not be accepted as it is not a Right of
Entry and Indemnification Agreement. He will forward to the Clerk for distribution of those who
would like to sign. Mr. Hughes recommended it would be helpful to have a motion due to
FEMA’s documentation requirement to have a separate motion that approval by FEMA of the
removal and monitoring process from private drives. Monty Parks made a motion to approve.
Julie Livingston seconded. Vote was unanimous, 6-0.
Approve staff preparing an RFP for both yard debris and storm related damaged
household contents and construction debris monitoring for said debris removal from
private side streets including within gated communities contingent on FEMA
approval for said actions. Monty Parks made a motion to approve. Bill Garbett
seconded. Vote was unanimous, 6-0.
Consideration of Ordinances, Resolutions
Emergency Ordinance/Resolution. Mr. Hughes stated the document will need to be
revised in light of the previous discussion and recommended Mayor and Council not act on the
Emergency Ordinance/Resolution. TO BE INCLUDED ON THE AGENDA FOR OCTOBER 27,
2016.
Wanda Doyle made a motion to adjourn. Barry Brown seconded. Vote was unanimous, 6-0.
Meeting adjourned at 6:00PM.
________________________________
Janet LeViner, CMC
City Clerk