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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 Hughes stated this is covered in the Emergency Ordinance/Resolution and the Charter states 30 days but can be repealed automatically at the end of 30 days and be re- enacted.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