COUNCIL MEETING AGENDA 3:00 P.M. May 19, 2011 Law Enforcement Center/Municipal Court Room 1. INVOCATION: Pastor Hayes of New Day Outreach Ministry 2. MINUTES 3. UNFINISHED BUSINESS 4. PRESENTATIONS 4-1-0. FT. STEWART JLUS MODEL OVERLAY: Kevin Sullivan, Land Use Planner for Coastal Regional Commission, is developing a draft Model Overlay ordinance that local governments may choose to implement in their communities in accordance with the 2005 Fort Stewart Joint Land Use Study (JLUS). Informational 5. PARLIAMENTARY PROCEDURES RESOLUTION #2011-15: Darden to present a Guide for City Officials. Action item: City Attorney 6. BID OPENING: A bid opening for a ladder truck was held at the Hinesville Fire Department on May 9, 2011, at 11:00 AM. Action Item 7. COMMUNITY DEVELOPMENT DEPARTMENT: 7-1-0. Resolution #2011-12: Safety and Liability Management Grant to reimburse for safety equipment. 7-2-0. Resolution #2011-13: Public Safety Grant offered by Target Foundation for National Night Out event. 7-3-0. Resolution #2011-14: Secure Our Schools Grant offered by Community Oriented Policing Services (COPS). Action Items 8. P.C. SIMONTON & ASSOCIATES: 8-1-0. Forest Street Sidewalk As built Action Item COUNCIL MEETING AGENDA 3:00 P.M. May 19, 2011 Law Enforcement Center/Municipal Court Room 9. PUBLIC COMMENTS 10. MAYOR S REPORT 10-1-0. Report 11. COUNCILMEMBER SHAW’S REPORT 11-1-0. CH2MHILL Operations Status Report 12. COUNCIL MEMBER JENKINS’ REPORT 12-1-0. HFD Monthly Report 13. COUNCILMEMBER ANDERSON’S REPORT: 13-1-0. Report 14. COUNCILMEMBER FLOYD’S REPORT 14-1-0. Inspections Dept. Monthly Activity Report 15. MAYOR PRO TEM FRASIER’S REPORT 15-1-0. HPD Monthly Crime and Citation Report 16. CITY MANAGER’S REPORT: 16-1-0. PUBLIC HEARING AT 5:00 - Buffalos Southwest Café Hinesville, located at 811 Elma G Miles Pkwy currently operating without a local manager since February 20, 2011. Buffalos Southwest Café currently has a class II alcoholic beverage license to sell beer, wine and liquor that is not according to our Code. Informational Item 16-2-0. BOARD APPOINTMENT: Yvonne Woods appointment on the Live Oak Library Board expires June 30, 2011. The Live Oak Library Board appointments are made by Mayor and Council. Informational Item 17. ADJOURN City of Hinesville, Georgia Council Meeting Date: May 19, 2011 Agenda Item: 04-1-0 Model Overlay Zoning District Prepared by: Rose M. Kenner Presented by: Kevin Sullivan PURPOSE: To present a draft copy of the Military Installation Zoning Overlay District (MIZOD). BACKGROUND: This Model Overlay Zoning District is an implementation project of the Fort Stewart/HAAF Joint Land Use Study (JLUS), which was completed in 2005. The Fort Stewart/HAAF JLUS was prepared by the Coastal Regional Commission and funded by the office of Economic Adjustment, Department of Defense (DoD) as a cooperative land use planning initiative among the U.S. Army, cities and counties surrounding this military installation. FUNDING: RECOMMENDATION: ATTACHMENTS: 04-1-1 MIZOD FAQ 04-1-2 Model Overlay Zoning District 04-1-3 End User Review Booklet PREVIOUS COUNCIL DISCUSSION: MIZOD Military Installation Zoning Overlay District Frequently Asked Questions What is the Military Installation Zoning Overlay District “MIZOD”? The MIZOD is a model zoning overlay district intended to ensure compatible land use and growth management for affected jurisdictions surrounding Fort Stewart. The MIZOD is a voluntary zoning tool which has been developed for use in conjunction with existing zoning regulations. What does sound “attenuation” mean? Sound attenuation is simply defined as reducing the intensity of a sound. What is the purpose of the MIZOD? The purpose of the MIZOD is to address the military and public concern from noise and air safety created by the military training activities at Fort Stewart and Wright Army Airfield (WAAF) by establishing zoning regulations for land uses and structures that are incompatible with military operations. The intent of the MIZOD is to reduce encroachment around Fort Stewart and to maintain the overall quality of life of those who live, work and recreate in the region. What is an Overlay Zoning District? An overlay zoning district is established by local ordinance and prescribes supplemental regulations to address special land use concerns. Overlay districts are applied to an area in combination with the underlying or base zoning district. How will the MIZOD affect my property? Depending on the MIZOD subzone in which a property is located within, there is a hierarchical set of specific standards that affect new uses and structures. All structures built prior to the effective date of the MIZOD designation shall have legal nonconforming status. What does “legal nonconforming status” mean? ‘Legal nonconforming status’, or ‘grandfathered’, refers to the continued use of all structures occupied by noise sensitive land uses as legally existing prior to rezoning. All grandfathered structures can individually continue until such time as they are substantially damaged or destroyed. Will I be required to make changes to my house or building? No, any ‘grandfathered’ structures can remain unaltered. However, new construction must comply with the regulations upon adoption by the governing jurisdiction. What land uses are considered “noise sensitive” uses? The MIZOD overlay identifies the following noise sensitive uses (generalized examples); residential structures, assisted living facilities, churches, in-patient medical facilities, funeral homes, child care facilities, libraries, and schools. For a detailed list please refer to the model overlay zoning district. What is the source of the noise and air safety that makes the MIZOD necessary? Fort Stewart is the primary training site for the U.S. Army’s 3rd Infantry Division, supporting a wide range of training operations including small arms and large caliber firing ranges, simulation facilities, ordinance detonation, maneuver areas, combat medicine, and combat air-drop training. Primary noise generators include gunfire, low-level helicopter flights, and fixed-wing aircraft. www.crc.ga.gov/planning/jlus/default.htm Model Overlay Zoning District Fort Stewart/Wright Army Airfield OVERVIEW This Model Overlay Zoning District is an implementation project of the Fort Stewart/HAAF Joint Land Use Study (JLUS), which was completed in 2005. The Fort Stewart/HAAF JLUS was prepared by the Coastal Regional Commission and funded by the Office of Economic Adjustment, Department of Defense (DoD) as a cooperative land use planning initiative among the U.S. Army, cities and counties surrounding this military installation. The ongoing JLUS implementation program seeks to establish and bridge the relationship between Fort Stewart and the community to avoid conflicts associated with future community growth. The JLUS objective is to protect the resident’s quality of life, the property owner’s rights and the existing and future mission of the Fort Stewart installation. The intent of the Fort Stewart/HAAF JLUS is to identify, address and resolve encroachment issues between the military and its civilian neighbors to promote compatible land uses and growth management guidelines. Encroachment—urban development near military installations—can contribute to problems with the military’s operational effectiveness when preparing for missions. It can also be disruptive to the civilian population, as well as public establishments such as schools and religious centers, that are located near the base. Economic Influence Although most military installations were originally developed in distant areas away from urbanized communities, the availability of non-military job opportunities encouraged people and businesses to relocate to these areas. However, the military’s training practices can become disruptive. Loud-noise levels, low-flying planes and ground-training exercises can be hazardous and bothersome to civilians. When these practices become intolerable, people will seek relief. The public pressure will then force military commanders to restrict training or move it else where, which could result in the installations closure. Consequently, minimizing the military’s activities directly impact local economies in terms of civilian job cuts and tax reductions. The goal of the Fort Stewart/HAAF JLUS is not only to protect the viability of current and future military missions, but also to accommodate growth, sustain regional economic health and protect public welfare, health and safety. The economic impact of Fort Stewart/HAAF on the surrounding region is significant. In 2002, the DoD was the largest employer in the region and accounted for approximately 75 percent of the total direct economic impact of the military in the coastal Georgia region. The estimation of this economic impact amounted to $2.115 billion annually. Currently, Liberty County and the City of Hinesville are operating under a joint-use agreement with Fort Stewart and the DoD to utilize Wright Army Airfield (WAAF) as a joint-use airport to serve the needs of the city, county and region. Permanent civilian air service greatly improves economic development conditions and increases non-military employment and training opportunities throughout the region. To date, public and private investment has already been realized near the WAAF. Liberty County is pursuing the development of an adjacent commerce/industrial park. Model Zoning Overlay District The Military Installation Zoning Overlay District (MIZOD) has been developed as the zoning tool to implement the policies of the Fort Stewart/HAAF JLUS and to regulate incompatible development surrounding the military installation. The MIZOD is divided into six (6) subzones, each having specific standards beyond what is required by the underlying zoning district. These subzones are categorized into three (3) Noise Zones and three (3) Air Safety Zones pursuant to the guidance of the Fort Stewart/HAAF JLUS. The boundary of the MIZOD is derived from the boundary of the largest subzone, thus acting as an umbrella for the remaining five (5) subzones. The official boundary of the MIZOD was developed as part of the Fort Stewart/HAAF JLUS. MIZOD Diagram The Military Installation Zoning Overlay District Ordinance (MIZOD) is a voluntary Model Zoning Overlay District, which has been developed for use in conjunction with existing zoning regulations by local municipal and county jurisdictions that surround the Fort Stewart/WAAF military installation. Each jurisdiction has some flexibility in the composition of the military overlay zoning district they adopt, but is should remain consistent with the Fort Stewart/HAAF JLUS and Federal guidelines for land use compatibility surrounding military installations. Encroachment occurs when adjacent military and civilian land uses generate one of both of the following effects: • • Nearby community development interferes with the ability of the military to perform its mission or causes modifications to military operating procedures; or Members of the public are exposed to a higher than normal level of operational impacts associated with military activities, such as noise, smoke or the risk of an aircraft mishap There are off-post lands surrounding Fort Stewart/WAAF that are particularly susceptible to noise impacts caused by the firing of heavy weaponry or detonations as well as potential areas for aircraft accidents. During periods of more intense activity and under certain atmospheric conditions, these off-post lands may be subject to higher noise impacts that trigger annoyance (especially noise sensitive uses). As a supplement to standard zoning, an overlay zone allows communities to develop land uses that are compatible with the impacts of the military installation and ensure people and businesses are not exposed to undue safety risks or nuisances. The MIZOD implements recommendations contained in the Fort Stewart/HAAF JLUS by protecting its future military mission and the economic health of the region and individual property rights. It also protects the health, safety, welfare and quality of life of residents and businesses in the surrounding municipalities and counties. The MIZOD provides a regulatory framework for communities to ensure compatible land use planning and development standards for off-post lands impacted by military activities. An accompanying review process that satisfies the recommendations of the Fort Stewart/HAAF JLUS is also provided. Hunter Army Airfield (HAAF) Through the Metropolitan Planning Commission (MPC), the City of Savannah and Chatham County are currently developing a Unified Zoning Ordinance to combine land development regulation for these jurisdictions. The MPC has identified the need to develop an overlay zoning district surrounding the HAAF to implement the requirements of the Fort Stewart/HAAF JLUS. For this reason, the Model Overlay Zoning District is not intended for the lands surrounding HAAF, but rather only those lands surrounding the Fort Stewart/WAAF installation. For Additional Information, Contact: Lupita McClenning [email protected] Director of Planning & Government Services Coastal Regional Commission www.crc.ga.gov Article [#.#] Military Installation Zoning Overlay District (MIZOD) Section [#].1 Purpose and Intent A. The purpose of the Military Installation Zoning Overlay District (MIZOD) is to regulate, in a manner consistent with the rights of individual property owners and the requirements of military operations at Fort Stewart/Wright Army Airfield (WAAF), development of uses and structures that are incompatible with military operations; to sustain the economic health of the [City, County] and the region; to protect the safety and welfare from the adverse impacts associated with high levels of noise from flight operations and large-caliber weapons and the potential for aircraft accidents associated with proximity to WAAF operations; and to maintain the overall quality of life of those who live, work, and recreate in the [City, County]. Section [#].2 Definitions For the purpose of this Section, certain terms and words are hereby defined: A-Weighted decibel: A measure of sound that depicts higher frequency noise caused by small arms firing, aircraft use and vehicle operations. Attenuation: Special design and construction practices intended to lower the amount of noise and vibration that penetrates the windows, door and walls of a building. Avigation: Aerial navigation. Day-Night Sound Level (DNL): The 24-hour average frequency-weighted sound level, in decibels, from midnight to midnight, obtained after additional of 10 decibels to sound levels before 7:00 a.m. and after 10:00 p.m. Decibel: A logarithmic unit of measure of sound pressure. C-Weighted decibel: A measure of sound that depicts low frequency noise and vibration associated with the firing of larger weapons systems. Exterior door: All exit doors of a building that are located between conditioned and unconditioned space. A basement, crawl space or garage is considered unconditioned space unless it is provided with a positive heat supply to maintain a minimum temperature of 50 degrees Fahrenheit. Habitable space: A space or room in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, solariums, sunrooms and similar areas are not considered habitable space. Military Installation Zoning Overlay District (MIZOD) Coastal Regional Commission—March 2011 Page 1 of 12 Section [#].3 Relationship to Zoning Districts A. The MIZOD shall be designated on the Official Zoning Map and its boundaries shall be based on the Fort Stewart/Hunter Army Airfield Joint Land Use Study, as amended. B. In all zoning districts within the boundaries of the MIZOD, the regulations for both the underlying zoning district and the MIZOD regulations shall apply. Whenever, there is a conflict between the regulations of the underlying zoning district and MIZOD, the more restrictive regulation shall apply. Section [#].4 Applicability A. The standards for this section shall apply to those properties that lie within the MIZOD boundaries. When a parcel is split by the boundary of the MIZOD, only that portion of the parcel within the MIZOD shall be required to meet the provisions of this article. Section [#].5 Establishment of MIZOD Zones and Boundary A. For purpose of administering these regulations, there shall be three (3) noise subzones and three (3) air safety subzones that reflect where use restrictions or standards apply within the MIZOD. The boundaries for these noise and air safety subzones shall be defined on the Official Zoning Map. B. MIZOD Noise Zones. The boundaries for these noise subzones are inclusive of areas surrounding the Fort Stewart installation and WAAF and shall be based on the Fort Stewart/Hunter Army Airfield Joint Land Use Study, as amended. (1) Noise Zone I (NZ I). This zone consists of an area between the 55 and 65 Aweighted Decibel Noise Level (ADNL) and 57 and 62 C-weighted Decibel Noise Level (CDNL) contour lines. (2) Noise II (NZ II). This zone consists of an area between the 65 and 75 ADNL and 62 and 70 CDNL contour lines. (3) Noise III (NZ III). This zone consists of an area in which the contour lines are greater than 75 ADNL and 70 CDNL. C. MIZOD Air Safety Zones. The boundaries for these air safety subzones adjacent to WAAF shall be based on the Fort Stewart/Hunter Army Airfield Joint Land Use Study, as amended. (1) Clear Zone (CZ). This zone is an area at the immediate ends of the runway 1,000 feet wide by 3,000 feet long in which there is a high potential for accidents. Military Installation Zoning Overlay District (MIZOD) Coastal Regional Commission—March 2011 Page 2 of 12 (2) Accident Potential Zone I (APZ I). This zone is an area leading to the runway beyond the CZ, 1,000 feet wide extending 2,500 feet in which there is a significant potential of accidents. (3) Accident Potential Zone II (APZ II). This zone is an area leading to the runway beyond the APZ 1, 1,000 feet wide and extending 2,500 feet in which there is a moderate potential for accidents. D. Parcels Located Within More Than One Subzone. In the event a lot or parcel of record is located within more than one zone identified in this article, the entire lot shall be subject to the restrictions of the zone which most restricts development of the lot. Section [#].6 Use Regulations A. Any use permitted in the underlying zoning district in which the proposed use is located shall be allowed in the MIZOD, except as expressly prohibited within the provisions of this article and provided that additional standards set forth in this article are met. References to permitted uses as provided within this article are conditioned upon the said use being in compliance with permitted uses within the underlying zoning district. Section [#].7 Permitted Uses in Relation to MIZOD Noise Zones A. The use of a building or premises for any use permitted under Section [#].6 shall be allowed in the MIZOD if it lies within the specified noise zone as set out in Figure [#].7 shown at the end of this article and conditioned upon compliance with Section [#].12 of this article. B. Where property is undeveloped, only such portion of it as is actually within the noise zone shall be considered within that noise zone. However, at such time as said property shall be subdivided or platted, any platted buildable lots intersected by a noise zone shall be deemed to be wholly within the highest noise zone. Section [#].8 Conditional Permitted Uses in Relation to MIZOD Noise Zones A. The use of a building or premises for a use designated Y[1] as set out in Figure [#].7 shown at the end of this article is permitted in the MIZOD if it lies within the specified noise zone and is in conformance with the requirements of Section [#].11 of this article and the conditions prescribed herein: (1) A building permit may be issued by the [Zoning Administrator/Building Official] provided that the building plan shows a design and construction that incorporates sound attenuation features to achieve an outdoor to indoor noise level reduction (NLR) of at least 25 decibels, which shall include but not limited to the Military Installation Zoning Overlay District (MIZOD) Coastal Regional Commission—March 2011 Page 3 of 12 requirements described below in addition to all other applicable requirements of the building code, as amended: (i) All exterior doors shall be either: a. Solid-core or metal-clad construction, or b. Separately equipped with wood or metal storm door, or c. Multiple-glazed. (ii) Multiple-glazed windows shall be provided for all habitable space. (iii) Through-the-wall/door mailboxes, venting skylights, jalousie windows or other direct openings from the interior to the exterior of the building shall be prohibited. (iv) Mechanical ventilation shall be provided of a type and design to provide adequate environmental comfort with all doors and windows closed during all seasons. Window and through-the-wall ventilation units shall not be used. Commercial cooking areas are exempt from these conditions. Section [#].9 Permitted Uses in Relation to MIZOD Air Safety Zones A. The use of a building or premises for any use permitted under Section [#].6 shall be allowed in the MIZOD pursuant to the specified air safety zone regulations as set out in Figure [#].9 shown at the end of this article. B. Where property is undeveloped, only such portion of it as is actually within the air safety zones shall be considered within that air safety zone. However, at such time as said property shall be subdivided or platted, any platted buildable lots intersected by an air safety zone shall be deemed to be wholly within the highest air safety zone. C. Only single-family detached dwellings with a minimum lot size of 2.5 acres are permitted within the APZ II air safety zone. Section [#].10 Additional Regulations in Relation to MIZOD Air Safety Zones A. Interference. No use is permitted within the MIZOD Air Safety Zones that creates electrical interference with radio communication between an Air Traffic Control (ATC) facility and an aircraft; or to make it difficult for pilots to distinguish between airport lights and other lights; or to cause glare in the eyes of pilots using the airport; or to impair visibility in the vicinity of the airport; or to otherwise endanger the landing, taking off or maneuvering of aircraft at an airport or in the vicinity of an airport. B. Height. Maximum height limits for structures exist for areas in close proximity to the runways of the WAAF. These height limits shall apply to all structures including, but not limited to, buildings, wireless telecommunication facilities, broadcast transmission towers and construction cranes. The maximum limits are generally based upon the path of aircraft that are taking off from, landing on or circling in a holding pattern around the runway and vary based on distance from the runway. The Military Installation Zoning Overlay District (MIZOD) Coastal Regional Commission—March 2011 Page 4 of 12 [Height Limiting Zone Map] (To-Be-Developed) is based upon the Approach and Clear Zone Plans. When the maximum height permitted by the underlying zoning district and this overlay district conflict, the more restrictive height shall apply. All new wireless telecommunication facilities and broadcast transmission towers meeting the requirements of this article shall be constructed with lights on the tower. C. Aircraft Wildlife Strike Hazards. Human-made use such as retention ponds, roosting habitats on buildings, landscaping, putrescible-waste disposal operations, wastewater treatment plants, agricultural or aquaculture activities, surface mining, or wetlands, which may be used by wildlife for escape, feeding, loafing, or reproduction are prohibited. Wildlife use of areas within an airport’s approach or departure airspace, aircraft movement areas, loading ramps, or aircraft parking areas may cause conditions hazardous to aircraft safety. Human-made uses shall be sited in accordance with the following criteria to achieve adequate separation between the attractant and aircraft movement: (i) [Criteria to be developed in conjunction with City, County and Garrison Commander] Section [#].11 Real Estate Disclosure A. All real estate transactions within the MIZOD shall include a notice disclosing the proximity of the property to the Fort Stewart/WAAF installation, except such uses or properties exempted by this article. The notice shall be affixed to all listing agreements, sales and lease contracts, subdivision plats, and the seller’s property disclosure statement or similar documents. The real estate disclosure notice shall conform to the provisions contained in the model notice, a copy of which is identified in Figure [#].11 shown at the end of this article. Section [#].12 Avigation and Noise Easements A. All uses permitted within the MIZOD, except the area within the Noise Zone (NZ I) boundary and uses or properties exempted by this article, shall be conditioned upon the grant by the property owner of an avigation and noise easement to the [City, County]. Such easement shall be a condition of subdivision, planned unit development, special permit, use permit, building permit or similar permit. The avigation and noise easement is to be submitted pursuant to the terms of this article and shall conform to the provisions contained in the model avigation and noise easement, a copy of which is shown in Figure [#].12 at the end of this article. B. An executed copy of the avigation and noise easement for said property shall be provided to the [City, County] and kept on file as proof of easement. All avigation and noise easements shall be recorded with the [County] Clerk of Court at the property owner’s expense. Military Installation Zoning Overlay District (MIZOD) Coastal Regional Commission—March 2011 Page 5 of 12 Section [#].13 Pre-Existing Uses A. Any existing use, which was lawfully established at the time of the effective date of this article, may be continued; although, such use does not conform to the provisions hereof. However, the requirements set forth in this section shall be applicable to the portion of the use subject to enlargement, extension, conversion, reconstruction or structural alteration, and not be retroactive to the entire pre-existing structure. Nothing shall prohibit the reconstruction of a building legally in use at the time of the adoption of this section. A request for enlargement, extension, conversion, reconstruction or structural alteration of a pre-existing use which does not conform to the provisions of this article shall be processed through the [Permit] procedures as set forth in the [Zoning Ordinance]. B. The [Permit] to enlarge, extend, convert, reconstruct, or alter a structure lawfully in existence at the time of the enactment of this section, shall not be conditioned upon the execution of an avigation and noise easement pursuant to Section [#].12. Section [#].14 Enforcement and Exemption A. Prior to the issuance of a building permit or other certificate, the [Zoning Administrator/Building Official] shall ensure the proposed building, premises or development is in compliance with the requirements of this article. B. The [Garrison Commander] or its designee shall be informed of all requests for development within the MIZOD, except the area within the Noise Zone (NZ I) boundary. The [Zoning Administrator/Building Official] shall forward a copy of all applications to the [Garrison Commander] prior to issuance of any permits. The [Garrison Commander] or its designee shall verify receipt of such information and, within a reasonable time period, forward any comments concerning the request to the [Zoning Administrator/Building Official]. C. Any use located within the MIZOD and utilized in connection with the operations of Fort Stewart/WAAF; properties owned or leased by the [City, County]; any [Public] Authority; military units; or other governmental agencies are hereby declared compatible and shall be exempted from the requirements of this article. Section [#].15 Protection A. The degree of protection provided by this article is reasonable for regulatory purposes and is based on planning, engineering and scientific methods of study and in coordination with aviation and defense agencies. This article does not imply that areas outside of the MIZOD area will be totally free from noise impacts and aircraft hazards, and, therefore, shall not create a liability on the part of [City. County], or any of its officers or employees, for any damages resulting from reliance on this article. Military Installation Zoning Overlay District (MIZOD) Coastal Regional Commission—March 2011 Page 6 of 12 Section [#].16 Variance A. Variances shall not be permitted from the height limits or use regulations for properties within any Noise Zone or Air Safety Zone of this overlay district. Additionally, no application for a variance to the other requirements of this article may be considered by the Zoning Board of Appeals unless a copy of the application has been furnished to the [Garrison Commander] or its designee for a written recommendation as to the aeronautical effects of the variance. If the [Garrison Commander] or its designee does not respond to the application within 30 days after receipt, the Zoning Board of Appeals may act on its own to grant or deny the application. Military Installation Zoning Overlay District (MIZOD) Coastal Regional Commission—March 2011 Page 7 of 12 Figure [#].7 Generalized Use Matrix for MIZOD Noise Zones Permitted Within Each Noise Zone NZ I NZ II NZ III Residential Y Y [1] N Manufactured Housing Y N N Industrial Y Y Y Retail & Service Businesses Y Y [1] Y [1] Office Y Y [1] Y [1] Restaurants Y Y [1] Y [1] Service stations & repair services Y Y Y Health & childcare Y Y [1] N Hotels/motels Y Y [1] N Education & religious facilities Y Y [1] N Public Assembly Y Y [1] N Y Y [1] N Y Y N Y Y N Y Y Y Indoor sport, recreation & entertainment facilities Outdoor sport, recreation & entertainment facilities Parks, Open Space & Golf Courses Agriculture Notes: Y – Permitted N – Not Permitted 1. Development is required to incorporate sound attenuation features as a condition of building permit issuance, as described in Section [#].8 of this article. Military Installation Zoning Overlay District (MIZOD) Coastal Regional Commission—March 2011 Page 8 of 12 Figure [#].9 Generalized Use Matrix for MIZOD Air Safety Zones Permitted Within Each Air Safety Zone APZ II APZ I CZ Y [1] N N Manufactured Housing N N N Industrial Y Y N Retail & Service Businesses Y N N Office Y N N Restaurants N N N Service stations & repair services Y Y N Health & childcare N N N Hotels/motels N N N Education & religious facilities N N N Public Assembly N N N Y Y N Y Y N Y Y N Y Y N Residential Indoor sport, recreation & entertainment facilities Outdoor sport, recreation & entertainment facilities Parks, Open Space & Golf Courses Agriculture Notes: Y – Permitted N – Not Permitted 1. Only single-family detached dwellings with a minimum lot size of 2.5 acres are permitted pursuant to Section [#].9.C of this article. Military Installation Zoning Overlay District (MIZOD) Coastal Regional Commission—March 2011 Page 9 of 12 Figure [#].11 Model Real Estate Disclosure Notice Properties located within the Military Installation Zoning Overlay District (MIZOD) for Fort Stewart/WAAF should be aware that such property may be subject to overflights by commercial, general aviation, and military aircraft, and subject to noise, vibration, exhaust, air and vehicular traffic and other conditions associated with the operation of this military installation. Land within the MIZOD, particularly during periods of more intense military activity, can be subject to noise high enough to trigger annoyance. The military installation is operational 24 hours per day. Military Installation Zoning Overlay District (MIZOD) Coastal Regional Commission—March 2011 Page 10 of 12 Figure [#].12 Model Avigation and Noise Easement INDENTURE made this _____ day of ____________ , 20__ , between _______________________ , hereinafter called “Grantor”, and [City, County] a public body corporate and politic, hereinafter called [“City, County”]: WHEREAS, Grantor is the owner in fee simple of a certain tract of land situated in [Name] County, State of Georgia, more particularly described as: See attached Exhibit “A”, said tract of land being hereinafter referred to as “Grantor’s Land”; and WHEREAS, Grantor has agreed in consideration of ______________ ($_______) and other valuable consideration, receipt of which is hereby acknowledged, to grant [City, County] the following Avigation and Noise Easement for the right of flight and consequent aircraft noise over Grantor’s Land. NOW THIS INDENTURE, WITNESSETH: Grantor, for itself, its heirs, successors and assigns, for the said consideration, hereby grants and conveys to the [City, County], the following Avigation and Noise Easement for the right of flight and consequent aircraft noise over Grantor’s Land. NOW THIS INDENTURE, WITNESSETH: Grantor, for itself, its heirs, successors and assigns, for the said consideration, hereby grants and conveys to the [City, County], its successors and assigns, a perpetual easement and right-of-way for the unobstructed and unrestricted flight of aircraft in, through and across the airspace over and above Grantor’s Land, at any legally permissible altitude, and the right, to the extent permitted by law, to make noise and cause fumes and disturbance arising from the ground and flight operations of all civil and military aircraft to, from and upon the Fort Stewart/ WAAF military installation, regardless of the means of propulsion. The Grantor, for itself, its heirs, successors, and assigns, does hereby waive all right to and interest in any claim or cause of action against the [City, County], arising out of or from any legally permissible noise, vibration, avigations, firing of large-caliber weaponry or detonations, pollution, light or noise generated from, above or on military property, or sonic disturbance of any description, caused by flight operations of civil and military aircraft regardless of the means of propulsion, to, from and upon Fort Stewart/WAAF, which may result in damage to land or to any person, structure or other property located upon Grantor’s Land, excepting, however, any claim or cause of action for any damage or injury to person or property resulting from any aircraft, or object there from, falling on, propelled into, or striking any person or property on Grantor’s land. The Grantor, for the said consideration, further agrees, that if Grantor or its heirs, successors or assigns, should sell or alienate any portion of Grantor’s Land, Grantor, its heirs, successors or assigns shall include in every deed or conveyance evidencing such sale or alienation, a recitation that the grant is subject to all conditions contained within this Avigation and Noise Easement, and further as a condition of such transaction, Grantor shall require each Grantee to include such recitation in any subsequent deed or conveyance of any of the property herein above described as Grantor’s Land. In the event any condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of any such easement, condition or provision shall in no way affect any other condition or provision herein contained. It is understood and agreed that this easement shall be binding upon the heirs, administrators, executors, and assigns of the Grantor, and that this easement shall run with Grantor’s Land. Military Installation Zoning Overlay District (MIZOD) Coastal Regional Commission—March 2011 Page 11 of 12 TO HAVE AND TO HOLD said Avigation and Noise Easement hereby granted unto the [City, County] for the use of the Fort Stewart/WAAF military installation, its successors, and assigns. IN WITNESS WHEREOF, the undersigned has caused its signature to be affixed this day of ______________ , 20__. By: ___________________________________ STATE OF _______________) ) ss. COUNTY OF _____________) On this _____ day of _____________ , 20__, before me, a duly appointed and qualified notary public, personally appeared _____________________________________ , to me personally known to be the same and identical person who signed the above and foregoing instrument and he did acknowledge the execution thereof to be his voluntary act and deed and that of _________________________. WITNESS my hand and seal on the date last aforementioned. __________________________________ Notary Public Military Installation Zoning Overlay District (MIZOD) Coastal Regional Commission—March 2011 Page 12 of 12 COASTAL REGIONAL COMMISSION OF GEORGIA FORT STEWART/ HAAF JOINT LAND USE STUDY (JLUS): INITIATIVES FOR THE IMPLEMENTATION OF COMPATIBLE GROWTH MANAGEMENT TECHNIQUES SURROUNDING THE FORT STEWART MILITARY INSTALLATION END-USER REVIEW BOOKLET FOR: MODEL MILITARY INSTALLATION ZONING OVERLAY DISTRICT (MIZOD) Reviewer name (optional): ______________________________________________ Jurisdiction: __________________________________________________________ Please Submit to: Coastal Regional Commission (Attention: Kevin Sullivan) Fax: 912.262.2313 Email: [email protected] THANK YOU FOR YOUR COMMENTS! Purpose of this Booklet: The MIZOD is an initiative which implements compatible growth management techniques surrounding the Fort Stewart Military Installation as identified in the Fort Stewart/HAAF Joint Land Use Study. This booklet’s purpose is to generate feedback from potential end-users of the MIZOD in order to refine the model overlay zoning district to improve implementation outcomes. The review’s format is generally arranged in two parts. Part One is a general critique of the MIZOD as it applies to the following subjects: Intent – Does the model overlay zoning district (MIZOD) meet its intent? Does it clearly and concisely convey standards, requirements and procedures for implementation? Functionality – Does the model overlay zoning district (MIZOD) achieve its goal to implement compatible growth and land use management surrounding the Fort Stewart Military Installation? Relevance – Is the model overlay zoning district relevant to the jurisdictions surrounding the Fort Stewart Military Installation? Part Two provides an opportunity for detailed observational notes and end-user recommendations that will assist in detailed refinement at the conclusion of the MIZOD public outreach process. The feedback should be narrowed to critical points that affect jurisdictional application of the model overlay zoning district. The reviewer must indicate the page number stated in each comment. Model Overlay Zoning District: PART ONE: GENERAL COMMENTS Intent: Functionality: Relevance: Model Overlay Zoning District: PART TWO: DETAILED COMMENTS Five Detail Review Observations: 1. 2. 3. 4. 5. Model Overlay Zoning Ordinance Workshop Series Fort Stewart/HAAF JLUS Implementation Project Today’s Agenda • Workshop and Team Introduction • Review Model Overlay Zoning District • Forum for Input and Discussion Purpose of the Workshop For You: To get an in depth understanding of how this tool may work in your city or county For Us: To get an understanding of the potential applications of this tool and to refine model ordinance Background Fort Stewart / HAAF JLUS (2005) • JLUS Goals: • Reduce land use conflicts • Accommodate Growth • Sustain regional economy • Military is a significant factor in the regional economy Issue: Encroachment Adjacent military and civilian land uses generate • Community development interferes with military mission • Civilians are exposed to higher than normal level of military operational impacts Will encroachment continue without action? JLUS Implementation Identified 15 Compatibility Initiatives Land Management Zoning CIP PDRs Noise Mapping Disclosure Coordination Partnerships Noise Reduction Communication MOU Land Use What is an Overlay Zoning District? • Additional “layer” of zoning in specific area • Superimposed to the “base” zoning district • Implemented via zoning rules/procedures • Legal preexisting uses are allowed to continue Military Installation Zoning Overlay District (MIZOD) Model Zoning Ordinance developed by CRC • Comprised of standard language • Local refinement/calibration required • Voluntary application • Requires local approval Communities with Similar Overlays • Maricopa County, AZ (Luke AFB) • Virginia Beach, VA (NAS Oceana) • Richland County, SC (Fort Jackson/McGrady TC) • Arapahoe County, CO (Buckley AFB) • Lincoln, NE (Joint Guard/Municipal Airport) • *Chatham County, GA (Hunter Army Airfield) *Proposed MIZOD MIZOD Depicted by Boundaries Specific Standards 3 Noise Zones NZ I NZ II NZ III 6 Subzones 3 Air Safety Zones CZ APZ I APZ II MIZOD Noise Zones (NZ) Noise Sensitive Uses • Residential • Elderly Residential Facilities • Education and Religious Facilities • Child care • Hotels/Motels • Public Assembly • Indoor/Outdoor Facilities NZ Compatibility Guidelines Multi-Pronged Approach • Real Estate Disclosure • Sound Attenuation for Noise Sensitive Uses • Avigation and Noise Easement • Specific Use Restrictions MIZOD NZ-I Disclosure MIZOD NZ-II Disclosure Sound Attenuation Easement Manufactured Housing MIZOD NZ-II Use Table • Sound Attenuation MIZOD NZ-III Disclosure Sound Attenuation Easement Use Restrictions MIZOD NZ-III Use Table • Sound Attenuation • Use Restrictions NZ Compatibility Guidelines Multi-Pronged Approach • Real Estate Disclosure • Sound Attenuation for Noise Sensitive Uses • Avigation and Noise Easement • Specific Use Restrictions MIZOD MIZOD Depicted by Boundaries Specific Standards 3 Noise Zones NZ I NZ II NZ III 3 Air Safety Zones CZ APZ I APZ II 6 Subzones MIZOD AIR SAFETY ZONES CZ APZ-I APZ-II MIZOD AIR SAFETY ZONES • Use restrictions based on location Additional Air Safety Requirements •Interference •Height •Hazards MIZOD Exemptions • Fort Stewart/WAAF operations • Owned/Leased by City/County • Public Authorities • Other governmental uses MIZOD Benefits • Primary Benefits • Protection of military mission • Protection of regional economy • Protection of public welfare/quality of life MIZOD Implementation Steps 1 1 – Community Outreach 2 – Stakeholders 3 – Review & Calibration 4 – Approval 2 3 4 Feedback, Questions, Additional Info? End User Response Forms • Submit today or later to CRC For more Information www.crc.ga.gov/planning/jlus/default.htm Kevin Sullivan (CRC) [email protected] Office: 912.262.2871 Fax: 912.262.2313 City of Hinesville, Georgia Council Meeting Date: May 5, 2011 Agenda Item: 05-1-0 Parliamentary Procedures Guide Prepared by: Rose M. Kenner Presented by: Linnie Darden PURPOSE: To present the Parliamentary Procedures Guide compiled by the Georgia Municipal Association for discussion/adoption. BACKGROUND: FUNDING: RECOMMENDATION: ATTACHMENTS: 06-1-1 Resolution #2011-15 06-1-2 Parliamentary Procedures PREVIOUS COUNCIL DISCUSSION: RESOLUTION No. 2011-15 A RESOLUTION A RESOLUTION TO ADOPT THE GEORGIA MUNICIPAL ASSOCIATION PUBLICATION “PARLIAMENTARY PROCEDURE, A GUIDE FOR CITY OFFICIALS” AS STANDARD OPERATING PROCEDURE IN THE CONDUCT OF HINESVILLE CITY COUNCIL MEETINGS. WITNESSETH: WHEREAS, the duly elected governing authority of the City of Hinesville Georgia is authorized under Article I, Section 2-21 of the Code, to enact any reasonable and lawful ordinance or resolution that it deems best for the governance of the City; and WHEREAS, the rules of Parliamentary Procedure are intended to help organizations conduct business efficiently and fairly; and WHEREAS, the Georgia Municipal Association has published suggested procedures for efficiently conducting city council meetings; and WHEREAS, the Georgia Municipal Association publication, “Parliamentary Procedures, A Guide for City Officials”, published June 2007, is intended to serve as a guide to municipal governments in Georgia for simplified procedures to follow in the conduct of city council meetings; NOW THEREFORE, BE IT RESOLVED, by the Mayor and Council of the City of Hinesville, and it is hereby RESOLVED that the City shall use as standard operating procedure, the Georgia Municipal Association publication, “Parliamentary Procedure, A Guide for City Officials” published June 2007, in the procedural conduct of all meetings of the City Council. APPROVED and ADOPTED this the ____ day of ________________, 2011. CITY OF HINESVILLE, GEORGIA: ____________________________________ James Thomas, Jr., Mayor ____________________________________ Charles Frasier, Mayor Pro Tem ____________________________________ Jason Floyd, Council Member ____________________________________ David Anderson, Sr., Council Member ____________________________________ Keith Jenkins, Council Member ____________________________________ Kenneth Shaw, Council Member ATTEST: ___________________________________ Sarah R. Lumpkin, City Clerk Parliamentary Procedure A Guide for City Officials Georgia Municipal Association June 2007 Introduction: The Purpose of Procedural Rules The rules of parliamentary procedure are intended to help organizations and other large bodies conduct business efficiently and fairly. Historically, the rules allow healthy debate and discussion while controlling who speaks and when so that decisions are made in an orderly and timely fashion. Legislative bodies in particular have a lot of work to accomplish, and the rules of parliamentary procedure should alleviate problems and assist officials in accomplishing their tasks and goals. Most clubs, organizations, and other bodies across the United States have adopted Robert’s Rules of Order, as it is the most widely accepted procedure guide. For local governments, however, the procedural rules often bring an even more daunting obstacle than the duties themselves. While Robert’s Rules may be effective to assist in the orderly conduct of large groups, it may become unwieldy for smaller bodies of people, in particular local legislative bodies. It may cause confusion, waste time, and even cause legitimate actions of the mayor and council to be invalidated on technicalities. This publication is intended to serve as a guide to municipal governments for simplified procedures to follow in the course of a council meeting. While there are various laws requiring meeting notices, open meetings, and agendas, this publication only covers suggested procedures for efficiently conducting a council meeting. The commentaries provide additional guidance. The following rules, with a few alterations to meet the needs of the city, may be adopted as Standard Operating Procedure for the conduct of council meetings. For a quick summary of the most common motions used by a municipal body, see Motions at a Glance on page 5. For more information regarding parliamentary procedure for local governments, see Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century1, or Suggested Rules of Procedure for Small Local Government Boards2. For information regarding Open Meetings and Records, see the GMA publication Government in the Sunshine: Open Meetings/Records Guide for City Officials (Sixth edition, 2004); and the Georgia Open Meetings Act and Open Records Act, starting at Code Sections 50-14-1, 50-18-70 of the Official Code of Georgia Annotated, respectively. 1 Rosenberg’s Rules of Order: Simple Parliamentary Procedures for the 21st Century, available at http://www.cacities.org/resource_files/22486.ParliamentaryRevised.pdf (hereinafter “Rosenberg’s Rules”). 2 A. Fleming Bell, II, Suggested Rules of Procedure for Small Local Government Boards, 2nd Ed., 1998. Basic Guidelines 1. Getting the Floor When an individual member of the legislative body wishes to make a motion, the chair must first recognize the individual’s right to speak.3 The individual may then make the motion, beginning with the phrase, “I move…”.4 Typically a second is then required; however, the council may choose in its adoption of parliamentary rules whether or not to require a second. The original purpose of the second was to assure minimum support for the issue, and theoretically on a local council, if even one member has interest then there is sufficient interest for the proposal to go forward. Keep in mind, however, that the second can be a useful tool, especially with larger councils. First of all, on a larger council, one member represents a smaller percentage of support for the motion, so the original purpose of the second may be invoked—to assure sufficient support of the issue. Further, on any size council the second can help to curb the forced consideration of an issue in which only one member shows interest. Without the use of a second, there is the potential for one member to repeatedly propose an issue that the rest of the council finds irrelevant. Thus, although not required, a second is highly suggested, especially in the case of large councils. 2. Discussion and Debate After the motion (and second, if the council so chooses), the presiding officer repeats the motion and opens the floor to discussion of the motion.5 The maker of the motion speaks first, and the presiding officer allows proponents and opponents to alternate speaking if possible. A member who has not yet spoken has precedence over those who have already voiced an opinion.6 The presiding officer has the authority to end discussion if it becomes too personal or too longwinded. 3. Limits on Motions The various procedural motions available are explained under the “Motions At a Glance” section. A procedural motion is one that governs the way the meeting is conducted, whereas a substantive motion is a motion on a particular topic or issue. A member may only make one motion at a time. Ratification of an act is considered a substantive motion.7 3 Rosenberg’s Rules, supra note 1, at 2. 4 Id. 5 Id. 6 Bell, supra note 2, at 15. 7 Id. at 15. 3 Up to three motions (one substantive, two procedural) may be on the floor at one time; for example, one substantive motion and two motions to amend.8 While two substantive motions may not be pending at the same time, multiple procedural motions may be on the floor if the rules discussed in “Motions at a Glance” so allow.9 When multiple motions are on the floor, the last motion made should be the first voted on.10 See motions to amend under “Motions at a Glance” for more detail. 4. Voting Requirements A quorum is necessary to conduct business and is generally defined as a majority of the membership of the council. Unless otherwise provided by the city’s charter, the council may decide whether to exclude vacant seats for purposes of determining quorum, as well as whether or not to count the chair. Typically, boards decide to count in quorum a member who leaves a meeting without being excused by majority vote of the other remaining members, but the charter may contain a definition of quorum or specific voting requirements. Thus, the charter must first be consulted by the city in setting its voting requirements. Just as the council has the power to choose whether to include the presiding officer in attaining a quorum, they may also be able to decide whether or not he or she votes always or only to break a tie. Again, the charter usually controls this, so the requirements in the charter will govern this section of the procedural rules. If someone fills in for the presiding officer, that individual votes as he or she normally would, regardless of the rules governing chair voting unless the charter provides otherwise. 5. Passing a Motion If a quorum is present, the chair can take a vote by asking for the “ayes” and 11 “nays”. Approval of a motion is generally attained by a majority vote (more than half) of all the votes cast when quorum is present, but the charter again should be consulted, as it may provide otherwise. The council may choose to require a 2/3 or other supermajority approval vote for certain motions that tend to curb the rights of individuals to voice their opinions or make motions. Further, in the case of a motion to suspend the rules, a unanimous vote may be needed for certain actions, such as having both the first and second reading of an item in the same meeting when two separate meetings are typically required. Abstention should be disallowed except in cases where a conflict of interest exists.12 Otherwise, it may be used improperly to cripple the council. Although it is highly discouraged, however, a council does have a choice to allow abstention. The charter should delineate how an 8 Rosenberg’s Rules, supra note 1, at 3. 9 Id. at 13-14. 10 Id. 11 Rosenberg’s Rules, supra note 1, at 4. 12 Laurel E. Henderson, Vagaries of Voting: The Oblique Approach (unpublished paper); 2000 GMA City Attorneys Section Seminar. 4 abstention is to be treated. When there is not a roll call vote and the minutes do not reflect the names of the members voting against a proposal or abstaining, state law provides that the action taken is presumed approved by each person in attendance.13 After the vote, the chair should declare the results of the vote. 6. Amending Procedure Rules The council also needs to provide a process for amending its procedural rules. It is suggested that amendments to parliamentary procedure be allowed at any regular meeting or a special meeting called for that purpose, and that adoption occur upon approval by a majority of a quorum. 13 O.C.G.A. § 50-14-1(e)(2) (2006). 5 Motions at a Glance The following are procedural motions that may be needed by a city council in order to conduct its business. They are presented in descending order of precedence. As a side note, included in this example are motions that are rarely, if ever, used. For example, the motion to divide a complex issue and consider it by paragraph, discussed below, should only be used in the most complex, confusing situations, and motions to refer to committee are unnecessary in a city that does not use committees. In adopting procedural rules, the council may thus choose whether or not to include such motions. A word of caution about exclusion, however; unforeseen situations may arise where such motions are needed, and it is sometimes easier to let a procedural motion sit on the books unused than to go through the process of adding it to the rules. However, if the council feels the presence of a rarely-used motion may cause unnecessary confusion, the amendment process discussed above is fairly simple and would allow a motion to be added if such a contingent circumstance arose. For example, if the motion to divide and consider by paragraph was not in the rules and a very complex motion was made, the speaker may withdraw the motion, allowing the council to amend the procedural rules to include a motion to divide. Then the motion may be renewed and the council may move to divide it into simpler pieces. The decision to include some of the less-known motions discussed below thus lies with the council. x Motion to appeal the procedural ruling:14 A speaker may be interrupted for the purpose of making this motion, which arises when the presiding officer (typically the mayor or mayor pro tem) has ruled a motion in or out of order or made some other procedural decision with which the speaker disagrees. The ruling is appealed to the council and thus requires a majority vote under guidelines typically provided in the charter. Commentary The motion to appeal may be made only at the time that the procedural ruling is made. Because it must occur so immediately, it takes the highest precedence of the procedural motions. The member of the body making the motion may speak without being recognized, and the motion may not be ruled out of order. x Motion to adjourn:15 This motion proposes the meeting end and takes precedence over all other motions discussed below if it passes. It may not be made during the discussion of a pending substantive issue and may only be brought by an individual after he or she has been recognized by the chair to have the floor. 14 Bell, supra note 2, at 16. 15 Id. at 17. 7 Commentary The council may still choose to adjourn without deciding a pending substantive matter; however, one of the below-mentioned motions must be used. There is no debate on the motion to adjourn, so after the motion and second a vote must be held.16 x x Motion to recess or adjourn to a time and place certain:17 This motion also proposes an end to the meeting and takes precedence over all the motions below if it passes. Commentary However, unlike the motion to adjourn, it may interrupt the discussion of a pending substantive issue. Thus, this motion can be used by the council if they want to stop the meeting before a final decision is made on a substantive motion. Motion to take a brief recess:18 This motion proposes a break in the meeting and is subject only to an amendment as to the length of the break. Commentary This motion may be made at any time except when one of the motions above is pending. The presiding officer, however, may call a brief recess at any time without a motion. There is no debate on this motion.19 x Call to follow the agenda:20 This motion attempts to steer the council back on course if they deviate from the agenda. If it is not raised the first time they stray from the agenda, the motion is waived and unavailable. Commentary The speaker may be interrupted for this motion, and it may be debated, as there may be limited times when deviation from the agenda is necessary. x Motion to suspend the rules: This motion allows the council to do things that are legally allowable but may violate the council’s own rules. (Rules imposed by state law or the charter cannot be suspended). Commentary The motion to suspend the rules is debatable and amendable.21 It is available to give the council more flexibility and to reduce needless formalities. This may be another situation where a 2/3 vote or other 16 Rosenberg’s Rules, supra note 1, at 3. 17 Bell, supra note 2, at 17, cmt. 18 Id. at 17. 19 Rosenberg’s Rules, supra note 1, at 3. 20 Bell, supra note 2, at 18. 21 Rosenberg’s Rules, supra note 1, at 4. 8 supermajority should be required, as it is an effort to override existing rules. The rules are in place for a reason, so the higher percentage of support may prevent the rules from being suspended in order to infringe on an individual’s right to voice an opinion or vote his or her conscience. x Motion to go into closed session:22 This motion coincides with the law regarding Open Meetings in O.C.G.A. § 50-14-1 et. seq. If during a meeting the council needs to go into closed session for one of the limited purposes listed in the statute, a member may make this motion to go into closed session.23 x Motion to leave closed session:24 This motion allows the council to return from a closed session into an open meeting, either to conclude any business or simply to adjourn the open meeting. x Motion to divide a complex issue and consider it by paragraph:25 This motion allows debate and discussion, amendments, and voting to occur on a large issue in smaller increments. Commentary As a word of caution, this motion should be used only in the case of long motions or complex issues where confusion is possible. For example, if the city designated money in the budget to fund a new park and there was opposition to the park, there may be a motion to divide and vote on that budget item instead of the budget as a whole. Then, if the park funding was approved, the budget could be considered. If the park funding failed, the budget could be amended and then voted on. x Motion to defer consideration/Motion to Table:26 These motions allow the council to leave the decision on the issue for another day. Consideration of a motion may be deferred to a specified date and place or indefinitely. Commentary It is suggested to set a time limit for the motion to expire if not revived, perhaps 90 days.27 At expiration the issue is automatically off the 22 Id. at 18-19. 23 For more information, see GEORGIA MUNICIPAL ASSOCIATION, GOVERNMENT IN THE SUNSHINE (6th ed. 2004). 24 Id. at 19. 25 Id. 26 Id.; Rosenberg’s Rules, supra note 1, at 3. 27 Bell, supra note 2, at 19. 9 table and no motion is required to dispose of it. After expiration, however, the motion may be made anew. The motion is debatable and amendable.28 x Motion to end/limit debate (Move the previous question):29 This motion allows a member to suggest that discussion end and voting occur. Commentary This motion is not in order until all members have had the opportunity to speak at least once. The council may also choose to impose a minimum time requirement before a motion to end debate is made. For a typical 3 to 5 member board, 15 minutes may be ample time for discussion of one motion and to allow each member a chance to speak, whereas more time is likely needed for a larger council. These times are completely arbitrary, however, and the council may choose to set whatever time it deems appropriate, or to set no time limit at all. When made, this motion is not debatable, but is again a good candidate for a 2/3 or other supermajority vote requirement.30 x Motion to Refer a Motion to a Committee:31 If the council believes it would be better served to let a committee first consider the substantive motion, it may move to refer to committee. Commentary When the committee reports to the council on the issue, a second is not required, whether it is generally required or not. The individual who made the substantive motion may compel consideration of the issue to the entire council if the committee has not reported back within a specified period of time, such as sixty days. If the council does not use committees, this motion is unnecessary. This motion, if used, is both debatable and amendable and requires only a majority vote. x Motion to amend:32 This motion must be related to the subject matter of the original motion and may not be phrased in a way that is contrary to the original motion. Commentary If passing the amended motion would defeat the original motion, the amendment is disallowed, but this is interpreted very narrowly; only amendments that explicitly reject the original motion are prohibited. Up to two amendments may be on the floor at one time; the first motion to 28 Rosenberg’s Rules, supra note 1, at 3-5. 29 Bell, supra note 2, at 20; Rosenberg’s Rules, supra note 1, at 4. 30 Rosenberg’s Rules, supra note 1, at 4. 31 Bell, supra note 2, at 21. 32 Id. 10 amend changes the original motion, and the second motion to amend must relate to the first amendment. After a motion to amend is made, only that motion may be debated, and the original motion is not discussed until the disposition of the amendment. Motions to amend must then be voted on in reverse order as needed; the second motion to amend will be voted on, then the first motion to amend, then the original motion if necessary. Discussion and debate are important for everyone to voice their opinions and come to a consensus, so it is best practice for complete debate and discussion to occur before motions to amend are made. This is not always necessary, however, such as in the case of short, technical amendments. When there is opportunity for confusion, it is best practice to put the amendments in writing. To the extent that the community has the ability, complex amendments should be subjected to writing for even the public audience, perhaps by projection, flip chart, or photocopies. In the case of long or complex documents, a motion to divide the complex issue (described above) may be used, but it should be used sparingly. If a motion to divide is made, there may be no more than two motions to amend on each paragraph, and voting will follow the order discussed above. Only after all the motions on the paragraph have been resolved may the next paragraph be open for motion and discussion.33 33 x Motion to revive consideration:34 This motion allows the council to consider a tabled or deferred issue before it expires under the time specified above under motion to defer consideration. Commentary The motion may be debated and amended. If this motion doesn’t occur within the specified period, the issue expires and may be brought up only on a new motion. x Motion to reconsider:35 This motion allows an issue considered earlier in the meeting to be reconsidered. “Substitute motions” are sometimes used when the suggested changes may potentially have a major effect. The council may choose to still use substitute motions; however, in the interest of simplicity and to avoid confusion, all proposals for changes, regardless of their potential consequences, are deemed “motions to amend”. 34 Id. at 22. 35 Id. at 23. 11 Commentary The motion may only be made by someone who voted with the prevailing side and must occur in the same meeting as the original vote, with a meeting continued by adjournment to a time and place certain being considered the same meeting.36 x Motion to prevent reconsideration:37 A defeated motion may be reintroduced at later meetings. This can be prevented for a specified period of time set by the council, perhaps six months, through a motion to prevent reconsideration. Commentary This motion must occur immediately after the original motion is defeated and must be approved by a majority, but the council may choose to set it at 2/3 of the members because it limits the ability to bring motions. The only way this motion may be overcome is through a motion to suspend the rules. This motion may seem unnecessary since an issue that only one councilmember has interest in can often be avoided by simply requiring a second. However, each time the motion is repeated, time is wasted, so in a situation when the issue is clearly not considered important, a motion to prevent reconsideration can help avoid potential problems. Under Georgia state law, defeated zoning proposals may not be considered for at least six months38; likewise, it makes sense to prevent reconsideration of defeated issues for a similar period. x Withdraw the motion:39 The person who made the motion may interrupt the speaker to withdraw his or her motion at any time during discussion or before it is amended, whichever comes first. Commentary In the case of motions to amend, they may be withdrawn only by the person making the motion to amend and only in the order in which they may be voted on (reverse order, beginning with the amendment to the amendment). The motion is deemed automatically withdrawn upon a motion and a second; no vote is needed. 36 Rosenberg’s Rules, supra note 1, at 4. 37 Bell, supra note 2, at 23. 38 O.C.G.A. § 36-66-4(c). 39 Bell, supra note 2, at 24; Rosenberg’s Rules, supra note 1, at 5. 12 Decorum The above motions represent the vast portion of procedures needed so that the legislative body may function. However, it may occasionally be necessary to interrupt a meeting for a reason aside from what is going on in the meeting, such as the temperature of the room or noise outside; the “points” discussed below may be used to get the floor in those situations. x Point of inquiry:40 An individual may raise a point of inquiry if a simple clarification of a motion is needed. The individual must first be recognized by the presiding officer. This point should be used sparingly and only in the case of confusion as to the intent or substance of a motion. x Point of privilege:41 The speaker may be interrupted before he or she finishes her motion or issue by a “point of privilege”. Points of privilege are used if an individual needs to interrupt for a reason that is unrelated to the issue at hand but that may interfere with the general atmosphere of the meeting. An interruption that a door should be closed because of outside noise would be an example. x Point of order: An individual may also interrupt the speaker because the meeting is being conducted inappropriately in some way. For example, if a third motion to amend is made, and only two are permitted, the individual would say “point of order”, and the presiding officer would then say “state your point”. In the interest of orderly and efficient meetings, the council may choose to implement some discretionary rules on decorum into their procedure guide. When implementing such rules, it is important to respect the First Amendment rights of citizens to free speech and to petition the government for redress of grievances. However, the courts have repeatedly recognized that these rights are not absolute and do not provide individuals license to disrupt government operations. Notably, the right to petition does not include the right to participate in all open government meetings and the right to free speech is only violated when the restricted speech is constitutionally protected and the government’s justification for the restriction is insufficient.42 Thus, a city council can limit public participation in council meetings to required public hearings. However, the better practice is to designate some portion of each public meeting for time-limited comments by members of the public on matters that are relevant and within the authority of the body being addressed. A countervailing concern is that to allow members of the public to comment on each agenda item as it is considered and allow the same members of the public to continue to address the council or commission throughout the meeting essentially allows these non-elected individuals to participate in debate as members of council. 40 Rosenberg’s Rules, supra note 1, at 5. 41 Id. 42 See Perry Education Ass’n. v. Perry Local Educators’ Assn., 460 U.S. 37 (1983); Scroggins v. City of Topeka, 2 F.Supp.2d 1362 (D. Kansas 1998) 13 When a city council permits public comment on agenda items or other matters directly relevant to city business, the council has created a designated public forum and it may enact content-neutral time, place and manner restrictions on speech and expressive conduct which are narrowly drawn to achieve a significant government interest and allow sufficient alternate channels of communication.43 A city council should consult and work with their city attorney to draw up meeting guidelines that are constitutionally sound but responsive to the need to conduct orderly meetings and conserve public resources. x Time Limit on Speakers: This helps to keep discussion of issues timely and on point. Also, if a time limit is established in advance and applied consistently, it is less likely that an individual will feel personally attacked if he or she is asked to yield the floor at the end of the allotted time. The legislative body may choose to apply the limit to elected officials only or to both officials and members of the public as well. The body may also choose to not allow public comment except in the limited circumstances mandated by Georgia law, such as zoning and budget hearings.44 x Politely addressing council and citizens: A policy on respect for the council and citizens may also help meetings to be more orderly and productive. Such a policy may require individuals to refrain from using the public meeting as a forum for rude, slanderous or disruptive personal attacks on others, and may allow the chair to take the floor away from individuals who act unruly.45 Individuals may further be prohibited from private discourse or other distractions, and any such acts may be stopped by the residing officer.46 x Focus on relevant matters. The council can adopt a policy limiting public comment to matters that are on the agenda for consideration or, more broadly, to matters that are directly related to the business of the body being addressed. The policy may also prohibit redundant or repetitive comments to save time and provide time for a variety of viewpoints. x Abstention: As stated earlier, cities are strongly encouraged to adopt a policy prohibiting abstention in the absence of a conflict of interest. Otherwise, it is possible that abstention could be abused to strategically cripple a council or otherwise impair the conduct of business. A city may choose to require all those 43 Id.; see City of Madison, Joint School Dist. v. Wisconsin Employment Relations Comm’n., 429 U.S. 167 (1976); Jones v. Heyman, 888 F.2d 1328 (11th Cir. 1989). 44 See also O.C.G.A. § 36-66-4 and 26-66-5 (public hearing for zoning decision and each side gets 10 minutes); O.C.G.A. § 36-72-7 (public hearing regarding development of abandoned cemeteries); O.C.G.A. § 36-81-5 (public hearing regarding budget); O.C.G.A. § 36-73-2 (public hearing regarding proposed contracts for regional facilities); O.C.G.A § 36-90-3 (public hearing regarding cable franchises). 45 Id. 46 RULES OF PROCEDURE, NEW MEXICO MUNICIPAL LEAGUE (unpublished manuscript). 14 in attendance to vote unless there is a conflict of interest, with the conflict recorded in the minutes.47 SAMPLE COUNCIL MEETING Mayor: With a quorum present I now call to order this meeting of the Blackacre City Council, Monday, February 19, 2007. You should all have a copy of the agenda before you. Are there any changes to the agenda? [Silence] Mayor: Yes, Mr. Brown. Councilmember Joe Brown: Mr. Mayor, I move we accept the agenda as presented. Councilmember Bob Jones: Second Mayor: All in favor? [“Aye”] Any opposed? [Silence]. The agenda has been adopted. Let’s move on to the minutes. Each of you should have received a copy of last meeting’s minutes. Mr. Brown. Councilmember Joe Brown: I move we approve the minutes as written. Councilmember Bob Jones: Second. Mayor: All in favor? [“Aye”] Any opposed? [Silence]. The minutes have been approved as sent out. Moving on down the list. Is there any old business? Ms. Doe. Councilmember Jane Doe: Mr. Mayor, I move we revive consideration of the purchase of new police cars. Councilmember Joe Brown: Point of order. Mr. Mayor, we discussed that issue 8 months ago—it wasn’t revived in the 6 month time period so it expired. Mayor: Mr. Brown is correct, I’m afraid we cannot revive consideration. Yes, Councilmember Doe? Councilmember Jane Doe: Then I move we buy 10 new police cars. Mayor: Is there a second? 47 RULES OF PROCEDURE, NEW MEXICO MUNICIPAL LEAGUE (unpublished manuscript). 15 Councilmember Joe Brown: Mr. Mayor, I call to follow the agenda. The issue of police cars is nowhere on this agenda. Mayor: Ok, there is a call to follow the agenda. Is there a second? Councilmember Bryan Green: Second. Mayor: Any discussion? Mr. Brown. Councilmember Joe Brown: Yes, well I think that there’s a reason we have an agenda— it’s so we can get out of this meeting quicker. Plus, we discussed it 8 months ago, so it can’t suddenly be so important that we have to deviate from the agenda to consider it. Besides, there’s just no money to do that right now. We simply don’t have the funds for more police cars. It’s up to the police department to come up with some sort of plan to deal with those situations with the resources they have—their job is to be prepared. Mayor: Councilmember Smith? Councilmember Daisy Smith: Well, I think we should deviate from the agenda to consider the issue of police cars. 8 months ago we weren’t so sure we needed them. But last month, we had 3 robberies going on at the same time. The criminals could have been caught if we had had enough police cars to get officers to the scenes in time, but instead we had to choose 2 of the stores to go to because there weren’t enough cars. This is a time when it is necessary to stray from the agenda. Mayor: Any other discussion? [Silence]. Then let’s take a vote. All in favor of deviating from the agenda? [3 Ayes]. All opposed? [2 Nays]. Ok, we’ll consider the issue of police cars. Ms. Doe? Councilmember Jane Doe: Yes, well as I said before, there is a real need for some more police cars, to protect our families and citizens. It is unacceptable when criminals go free because we’re too cheap to buy new cars. Mayor: Mr. Brown? Councilmember Joe Brown: Mr. Mayor, like I said before—we already considered this, after we had a study done that said we didn’t need more cars, we needed our officers to be more vigilant. There’s no money to spare for this and, according to the expert group we hired, no need. Mayor: Any other discussion? Anyone that hasn’t spoken yet? Ok, Ms. Doe. Councilmember Jane Doe: That study was done before these robberies took place, and how on earth would the officers have prevented it by being more “vigilant”? Predict it would happen and jog over to the store to be there in time to catch the crooks? 16 Mayor: Mr. Green? Councilmember Bryan Green: Mr. Mayor, I move we end debate. Everyone has gotten a chance to speak at least once if they want to, and we’ve been talking about police cars for over 15 minutes. Mayor: Is there a second? Councilmember Daisy Smith: Second. Mayor: All in favor to end debate? [4 Ayes]. Any opposed? [1 Nay]. Motion carries. We will now vote on the motion on the floor, regarding the purchase of 10 new police cars. All in favor? [2 Ayes]. Any opposed? [3 Nays]. Ok, we will not be buying new police cars at this time. Yes, Councilmember Smith? Councilmember Daisy Smith: I move that we prevent reconsideration of this issue about police cars for six months. Mayor: Is there a second? Councilmember Joe Brown: Second Mayor: All in favor? [4 Ayes] Any opposed? [1 Nay]. Ok, motion to prevent reconsideration carries. Next on the agenda—an issue we need to discuss with our attorney about the zoning lawsuit. Is there a motion? Councilmember Doe. Councilmember Jane Doe: I move we go into closed session. Mayor: Second? Councilmember Joe Brown: Second. Mayor: All in favor? [unanimous Ayes]. Any opposed? [Mayor and Council leave for 15 minutes, then return to the room.] Mayor: Is there a motion? Councilmember Bob Jones: I move we leave closed session. Councilmember Bryan Green: Second. Mayor: All in favor? [unanimous Ayes]. Any opposed? Ok, next order of business—the new statues in the park. Any motions? Councilmember Doe. 17 Councilmember Jane Doe: Yes, I know we need to discuss the statues, but I move that we first take a brief 10 minute recess. Councilmember Daisy Smith: Second. Mayor: Ok, we have a motion to take a brief recess. Since we have a motion and a second, I’ll just call a brief recess—I agree it’s probably needed. We’ll reconvene in 10 minutes. [10 minutes later] Mayor: Ok, back to business. Can I have a motion? Councilmember Green? Councilmember Bryan Green: Mr. Mayor, I move that we spend $1,000 to put three statues in our park in honor of our town founders. Mayor: Ok, is there a second? Councilmember Smith? Councilmember Daisy Smith: I move to amend the motion to spend $2,000 on the statues. Mayor: Ok, there’s been a motion to amend. Is there a second on the motion to amend? Councilmember Doe. Councilmember Jane Doe: I move to amend the motion to spend $500 on three statues. Mayor: Ok, there’s another motion to amend on the table. Is there a second? Councilmember Brown. Councilmember Joe Brown: I move to amend the motion to spend only $500 on the statues, but instead of honoring the town founders, we should dedicate the statues to women who fought for women’s suffrage. Mayor: Ok, there’s a third motion to amend. Is there a second on Councilmember Brown’s motion? Councilmember Bryan Green: [without being recognized by the chair] I move to appeal the procedural ruling of allowing Councilmember Joe’s amendment. There may only be 3 motions on the floor at a time, the original motion and 2 amendments, so this third amendment is not allowed. Mayor: Is there a second on Councilmember Green’s motion? Mr. Jones? Councilmember Bob Jones: Second. 18 Mayor: All in favor? [4 Ayes]. Any opposed? [1 Nay]. Motion carries, Councilmember Brown’s amendment was out of order. Ok, is there a second on Councilmember Doe’s motion to amend to spend only $500 on the three statues? Councilmember Brown? Councilmember Joe Brown: Second. Mayor: Any discussion? Ms. Doe? Councilmember Jane Doe: Since we don’t have the money for new police cars, we certainly don’t have the money for statues. Mayor: Any other discussion? Being none, let’s vote. All in favor of amending the motion to allot $500 for the statues? [3 Ayes]. All opposed? [2 Nays]. Motion carries. The original motion is amended to allot $500 for the purchase of the statues and there is no reason to vote on the motion to amend to $2,000. Now, on to the issue at hand—is there a second for the original motion, to spend money, now set at $500, to erect 3 statues honoring the town founders? Councilmember Smith? Councilmember Daisy Smith: Second. Mayor: We have a motion and a second—all in favor? [4 Ayes] Any opposed? [1 Nay]. Motion carries. Councilmember Doe. Councilmember Jane Doe: I move to reconsider the issue of police cars, since we’re spending money on statues. Mayor: Your motion is out of order. A motion to prevent reconsideration has already passed. Next order of business: erecting 20 new traffic lights. Ms. Doe? Councilmember Jane Doe: I move to divide this complex issue and consider it paragraph by paragraph. Mayor: Is there a second? Councilmember Joe Brown: Second. Mayor: Any discussion? Councilmember Bob Jones. Councilmember Bob Jones: Mayor, this is not a long or confusing issue—it will waste time to divide it. Mayor: Any other discussion? Hearing none, let’s vote. All in favor? [1 Aye]. Any opposed? [4 Nays]. Ok, motion to divide the issue fails. Back to the issue of new traffic lights. Is there a motion? Councilmember Jones. Councilmember Bob: I move we put up 20 new traffic lights. 19 Mayor: Councilmember Doe? Councilmember Jane Doe: I move we refer that to a committee for research to make sure it’s necessary before we act. Mayor: Is there a second on the motion to refer the traffic light issue to committee? Councilmember Brown. Councilmember Joe Brown: Second Mayor: All in favor? [1 Aye]. All opposed? [4 Nays]. Motion fails. Now back to the original motion. Councilmember Doe….. Councilmember Jane Doe: I move that we table discussion of the traffic lights until we can consult the DOT. Mayor: Is there a second? Councilmember Brown. Councilmember Joe Brown: Second. Mayor: All in favor? [5 Ayes] All opposed? [silence]. Motion carries, we’ll table the discussion of the new traffic lights until we can talk to DOT. Is there any other new business? Councilmember Jones. Councilmember Bob Jones: I move we pass an ordinance to take any dogs that bark loud enough to cause people to call my house. Councilmember Jane Doe: Point of inquiry—what do you mean take? Councilmember Bob Joes: I mean we confiscate them and either send them out of town or put them to sleep. Councilmember Daisy Smith: Point of order—I think that may be a violation of property rights and illegal. Councilmember Bob Jones: I withdraw the motion. Mayor: Yes, Councilmember Smith? Councilmember Daisy Smith: I move we adjourn. Councilmember Bryan Green: Second Mayor: I think that is an excellent idea. All in favor? [unanimous ayes]. Meeting adjourned. 20 City of Hinesville, Georgia Council Meeting Date: May 19, 2011 Agenda Item: 06-1-0 Ladder Truck Bid Prepared by: Jan Leverett Presented by: Billy Edwards PURPOSE: To approve bid request for ladder truck for Fire Dept BACKGROUND: Bids for ladder truck opened on May 9, 2011 FUNDING: Budget RECOMMENDATION: Fireline Bid for E-One Ladder Truck ATTACHMENTS: 06-1-1 Bid Tabulation Sheet 06-1-2 Fireline Bid Letter 06-1-3 Fireline Available Discounts PREVIOUS COUNCIL DISCUSSION: N/A City of Hinesville, Georgia Council Meeting Date: May 19, 2011 Agenda Item: 07-1-0 Safety & Liability Management Grant Application Prepared by: Michelle Lane Presented by: Donita Gaulden PURPOSE: Request authorization to submit a grant application to the Georgia Municipal Association (GMA). BACKGROUND: The GMA’s Risk Management Programs have established this program which is offered only to members of GMA’s property and liability fund, Georgia Interlocal Risk Management Agency (GIRMA) and GMA’s workers compensation fund, Workers Compensation Self-Insurance Fund (WCSIF). The program provides financial incentive to assist members in improving their employee safety and general public liability loss-control efforts through the purchase of training, equipment, or services. Each fund offers a maximum of $6,000 per year with no match required. The Hinesville Police Department requests one squad car digital video mirror to record and review audio and video of all police interactions with citizens to provide evidence in case of allegations of abuse or improper conduct. The City of Hinesville Fire Department requests one thermal imaging camera to detect correct levels of heat in buildings/places, such as that emanated by trapped human beings. FUNDING: Requesting $12,000 RECOMMENDATION: N/A ATTACHMENTS: 07-1-1 Budget 07-1-2 Resolution 2011-12 PREVIOUS COUNCIL DISCUSSION: N/A Georgia Municipal Association Safety and Liability Management Grant Program Budget Equipment will be used to further the loss control efforts of the Hinesville Police Department and City of Hinesville Fire Department. Item POLICE DEPARTMENT Digital Video Mirrors (Qty. 2) Installation, configuration, training, phone support Trip charge (292 round trip miles x $.85/mile) Hotel charges, 1 night Shipping and handling POLICE DEPARTMENT Total Equipment Request Item FIRE DEPARTMENT Thermal Imaging Camera (Qty. 1) Fire truck kit, 2 batteries, truck charger, lanyard, CD (Qty. 1) FIRE DEPARTMENT Total Equipment Request TOTAL EQUIPMENT REQUEST Cost Each Subtotal $4,995.00 $9,990.00 $ 295.00 $ 590.00 $ 248.20 $ 85.00 $ 85.00 $ 30.00 $ 30.00 $10,943.20 Cost Each Subtotal $7,565.00 $7,565.00 $ 732.00 $ 732.00 $8,297.00 $19,240.20 GRANT MAXIMUM AWARD: $12,000.00 If awarded, additional funding of $7,240.20 will be budgeted in FY 2012 and paid from the general fund. Resolution 2011-12 CITY OF HINESVILLE RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF HINESVILLE, GEORGIA DECLARING THE GEORGIA MUNICIPAL ASSOCIATION SAFETY AND LIABILITY MANAGEMENT GRANT APPLICATION WHEREAS, the Georgia Municipal Association administers the Safety and Liability Management Grant and; WHEREAS, the Mayor and City Council authorizes the Community Development Department, on behalf of the Hinesville Police Department and the City of Hinesville Fire Department, to submit a grant application to the Georgia Municipal Association in the amount of $12,000; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. That the City of Hinesville Community Development Department seeks reimbursement funds of $6,000 to provide a heat-seeking thermal imaging camera with a fire truck kit for the Fire Department, and seeks reimbursement funds of $6,000 to provide two digital video mirrors for the Hinesville Police Department’s use in a squad car. (Total grant reimbursement request: $12,000) 2. That the City of Hinesville hereby approves this Resolution. APPROVED this _______ day of ____________, 2011. ____________________________________ James Thomas, Jr., Mayor ________________________________ David Anderson, Sr. Councilmember ___________________________________ Charles Frasier, Mayor Pro Tem ________________________________ Keith Jenkins, Councilmember ____________________________________ Jason Floyd, Councilmember _________________________________ Kenneth Shaw, Councilmember ATTEST: ______________________________ Sarah R. Lumpkin, City Clerk City of Hinesville, Georgia Council Meeting Date: May 19, 2011 Agenda Item: 07-2-0 Target Public Safety Grant Application Prepared by: Michelle Lane Presented by: Donita Gaulden PURPOSE: Request authorization to submit a Public Safety Grant Application to the Target Headquarters. BACKGROUND: Target’s extensive public safety partnerships and innovative programs help support the safety and preparedness of the communities where Target guests and team members live and work. The company supports local law enforcement agencies through Target & BLUE™, which is part of Target’s commitment to innovative philanthropy, based on the philosophy that public/private partnerships create safer communities. Target has established the Public Safety Grant Program to provide funding to law enforcement agencies and emergency management organizations across the country. Specifically, the Public Safety Grant Program is designed to support crime prevention through events, programs and equipment, such as National Night Out. This impactful national event: • brings people together in support of safer communities • heightens awareness of crime and drug prevention • generates support for local anti-crime programs • strengthen neighborhood unity and • tells criminals that neighborhoods are organized and fighting back. Target proudly partners with communities to support NNO by providing volunteers and hosting and attending events. FUNDING: Requesting $1,500.00 RECOMMENDATION: N/A ATTACHMENTS: 07-2-1 Budget 07-2-2 Resolution #2011-13 PREVIOUS COUNCIL DISCUSSION: N/A Target Public Safety Grant Budget Expenses needed to hold National Night Out event August 2, 2011. Item Printing of banner, T-shirts, flyers, etc. Food and beverages Door prizes (school supplies) Total Total $700.00 $500.00 $300.00 $1,500.00 Resolution 2011-13 CITY OF HINESVILLE RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF HINESVILLE, GEORGIA DECLARING THE TARGET PUBLIC SAFETY GRANT APPLICATION WHEREAS, Target Headquarters administers the Public Safety Grant through their Target & BLUE Program, and; WHEREAS, the Mayor and City Council authorizes the Community Development Department, on behalf of the Hinesville Police Department, to submit a grant application to Target Headquarters in the amount of $1,500.00; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. That the City of Hinesville Community Development Department seeks $1,500.00 to provide funds for the Hinesville Police Department’s National Night Out event. 2. That the City of Hinesville hereby approves this Resolution. APPROVED this _______ day of ____________, 2011. ____________________________________ James Thomas, Jr., Mayor ________________________________ David Anderson, Sr. Councilmember ___________________________________ Charles Frasier, Mayor Pro Tem ________________________________ Keith Jenkins, Councilmember ____________________________________ Jason Floyd, Councilmember _________________________________ Kenneth Shaw, Councilmember ATTEST: ______________________________ Sarah R. Lumpkin, City Clerk City of Hinesville, Georgia Council Meeting Date: May 19, 2011 Agenda Item: 07-3-0 COPS SOS Grant Application Prepared by: Michelle Lane Presented by: Donita Gaulden PURPOSE: Request authorization to submit a grant application to Community Oriented Policing Services (COPS) Office on behalf of Liberty County Board of Education and the Hinesville Police Department. BACKGROUND: Community Oriented Policing Services (COPS) Office is making available approximately $14 million under its Secure Our Schools (SOS) program to provide funding to law enforcement agencies to assist with the development of school safety resources and provide improved security at schools and on school grounds. This program will fund up to 50% of the total cost to implement one or more of a variety of deterrent measures, security assessments, anti-violence initiatives, security training of personnel and students, coordination with local law enforcement, etc. The Liberty County Board of Education intends to purchase a comprehensive access control system to enhance security at Bradwell Institute, costing $206,655.28. FUNDING: Requesting $103,327.64 RECOMMENDATION: There is a 50% local cash match required under this program which is the responsibility of the Liberty County Board of Education. ATTACHMENTS: 07-3-1 Budget 07-3-2 Resolution 2011-14 PREVIOUS COUNCIL DISCUSSION: N/A Community Oriented Policing Services (COPS) Secure Our Schools (SOS) Grant Budget Funding requested on behalf of Liberty County Board of Education to enhance security via a comprehensive access control system at Bradwell Institute in Hinesville. Liberty County Board of Education cash match: Item Grants Administrator Access Control System Panel Data Network Upgrade for Access Control System Access Control Components at Exterior Doors Access Control System Demo/Training Access Control Components at Interior Doors Access Control Components at Main Entry Intrusion Detection Panel Intrusion Detection System Key Pads Intrusion Detection System Dual Tech Detectors IP Based Video Surveillance System NVR New IP Video Surveillance Cameras Video Surveillance System Demo/Training TOTAL Quantity 1 1 6 1 4 1 1 7 100 1 32 1 $103,327.64 Unit 12,500 9,500 1,500 1,000 1,500 1,500 7,500 1,500 325 15,000 3,000 2,500 Total 3,155.28 12,500 9,500 9,000 1,000 6,000 1,500 7,500 10,500 32,500 15,000 96,000 2,500 206,655.28 Resolution 2011-14 CITY OF HINESVILLE RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF HINESVILLE, GEORGIA DECLARING THE COMMUNITY ORIENTED POLICING SERVICES (COPS) SECURE OUR SCHOOLS (SOS) GRANT APPLICATION WHEREAS, the Community Oriented Policing Services administers the Secure Our Schools (SOS) Grant and; WHEREAS, the Mayor and City Council authorizes the Community Development Department, on behalf of the Hinesville Police Department and Liberty County Board of Education, to submit a grant application to Community Oriented Policing Services in the amount of $103,327.64; NOW, THEREFORE, BE IT RESOLVED, as follows: 1. That the City of Hinesville Community Development Department on behalf of the Hinesville Police Department and Liberty County Board of Education, seeks reimbursement funds up to 50% of the total cost of a comprehensive access control system to provide enhanced security at Bradwell Institute. (Total grant reimbursement request: $103,327.64) 2. That the City of Hinesville hereby approves this Resolution. APPROVED this _______ day of ____________, 2011. ____________________________________ James Thomas, Jr., Mayor ________________________________ David Anderson, Sr. Councilmember ___________________________________ Charles Frasier, Mayor Pro Tem ________________________________ Keith Jenkins, Councilmember ____________________________________ Jason Floyd, Councilmember _________________________________ Kenneth Shaw, Councilmember ATTEST: ______________________________ Sarah R. Lumpkin, City Clerk City of Hinesville, Georgia Council Meeting Date: May 19, 2011 Agenda Item: 08-1-0 Forest St. Sidewalk Asbuilt Prepared by: Marcus Sack Presented by: Marcus Sack PURPOSE: To present mayor and council with the ADA and sidewalk information so that the body can make an informed decision on a construction variance request. BACKGROUND: The Forest Street Reconstruction Project included the complete reconstruction of the street as well as the addition of curb and gutter and sidewalks. The majority of the sidewalks have been found to be out of compliance. The cost of these sidewalks are $86,788.80. FUNDING: Local RECOMMENDATION: ATTACHMENTS: 08-1-1 Sidewalk Slope Detail 08-1-2 Two study results regarding cross slope 08-1-3 Percent Groupings PREVIOUS COUNCIL DISCUSSION: Bid was awarded on July 15th 2010. Page 2 May 17, 2011 Slope Detail: There are two slopes concerning sidewalks, the longitudinal slope and the cross slope. The longitudinal slope is the slope in the direction of travel of the road and the cross slope is the slope perpendicular to the travel direction of the road. Page 3 May 17, 2011 Study Results: In performing research two studies were found that analyzed the current ADA requirements and guidelines. One study was issued by the Veterans Administration and the second was an independent study performed by The University of Texas at Austin, Kara Kockelman et. al. This study analyzed the current requirements and performed scientific experiments to determine the relationship of the safety and amount of work exerted to traverse sidewalks of different cross slopes. The results of the studies are below. Veterans Administration Study, “Meeting the Intent of ADA in sidewalk cross slope design”: “In order to accommodate the largest number of possible users, a 4-percent maximum crossslope is recommended. Where a 4 percent maximum is not feasible and the primary slope is less than 5 percent, a 10-percent maximum cross-slope appears to be very reasonable.” University of Texas at Austin, “The Nature of ADA’s Sidewalk Cross-Slopes Requirements: A review of the Literature”: “Our review of the existing literature on this topic of persons with disabilities and cross slope suggests that there is no substantive, non-anecdotal evidence on which the two-percent requirement might be based…No matter how it got there, one question still remains: Is there any research and science to back it up? This answer to this question is focus of this review.” “In Section 14, continuous passage is defined as “…a continuous unobstructed pedestrian circulation path within a public sidewalk connecting pedestrian areas, elements, and facilities in the public right-of-way to accessible routes on adjacent sites. A continuous passage is provided in lieu of an accessible route in a public right-of-way.An accessible route is an unobstructed path connecting all accessible elements of a building or facility. Although public sidewalks are subject to technical provisions similar to those that apply to accessible routes, public sidewalks are not required to meet guidelines for accessible routes unless the public sidewalk is used to provide the required accessible route connecting accessible elements on a site.” “Results from the most relevant existing reported work, conducted using plywood ramps, can be interpreted to indicate a maximum “short-distance” cross-slope upper bound in the neighborhood of 16 to 20 percent (Chesney and Axelson, 1996). For somewhat longer istances, a reliable upper bound may be closer to 10% (Kockelman et al., 1999). These results support the idea that the ADA’s two-percent limit might be too strict for relatively infrequent short-distance sidewalk sections, such as driveway crossings, when considered in combination with the various constraints. Further research is required to accommodate larger samples of users with disabilities and more robustly determine such bounds and to identify under what conditions they would apply (e.g., the maximum length of an individual section). In addition, a route performance measure may be very useful, in conjunction with a short-distance bound. Page 4 May 17, 2011 Current Sidewalk Conditions SW Slope 0% to 1% 1% to 2% 2% to 3% 3% to 4% 4% and Over Groupings 7 14 37 24 % In Group 7.29% 14.58% 38.54% 25.00% 14 14.58% Cumulative % 7.29% 21.88% 60.42% 85.42% *The majority of the over 4% group is from driveway crossings. City of Hinesville, Georgia Council Meeting Date: May 19, 2011 Agenda Item: 09-1-0 Public Comment Prepared by: Rose M. Kenner Presented by: Mayor Thomas PURPOSE: To allow citizens to address Mayor and Council. BACKGROUND: FUNDING: RECOMMENDATION: ATTACHMENTS: PREVIOUS COUNCIL DISCUSSION: City of Hinesville, Georgia Council Meeting Date: May 19, 2011 Agenda Item: 10-1-0. Mayor’s Report Prepared by: Sherry Strickland Presented by: Mayor James Thomas PURPOSE: BACKGROUND: FUNDING: RECOMMENDATION: ATTACHMENTS: PREVIOUS COUNCIL DISCUSSION: City of Hinesville, Georgia Council Meeting Date: April 19, 2011 Agenda Item: 11-1-0 Council Member Kenneth Shaw Prepared by: Darlene Parker Presented by: Billy Edwards PURPOSE: April 1 – 30, 2011 CH2MHILL/OMI Monthly Operations Status Report BACKGROUND: Departmental Reports FUNDING: N/A RECOMMENDATION: N/A ATTACHMENTS: Status Report 11-1-1 April 1 – 30, 2011 CH2MHILL/OMI Monthly Operations PREVIOUS COUNCIL DISCUSSION: None City of Hinesville, Georgia Council Meeting Date: May 19, 2011 Agenda Item: 11-1-1 Council Member Kenneth Shaw’s Cover Sheet Prepared by: Darlene Parker Presented by: Council Member Kenneth Shaw ACTION ITEMS: None INFORMATION ITEMS: April 1 – 30, 2011 11-1-1 Ch2mhill\OMI Monthly Operations Status Report MEMORANDUM To: Mayor and Council From: John Bartelmo, Project Director Subject: CH2M HILL OMI Monthly Operations a Date: April 1 - 31, 2011 PUBLIC WORKS PARKS & GROUNDS MOSQUITO COUNT FRANK COCHRAN PINELAND STONEHENGE AIRPORT ROAD EAGLES LANDING COUNTRY CLUB FLOWERS DR. COURTLAND DAVIDSON ST. BRYANT STATION SANDY RUN DR. MEMORIAL DR WALLACE MARTIN TOTAL COLLECTED Male Female 0 6 3 1 0 5 6 1 1 1 1 1 3 29 0 13 28 10 8 8 18 10 2 3 12 2 1 115 SANITATION Tons of Garbage Loads of Yard Waste Tons of Trash 842 143 135 VEHICLE MAINTENANCE Fire Dept. Police Dept. Inspections City Hall Public Works Public Utilities LCPC CM's PM's 2 11 0 0 7 3 0 1 8 0 0 6 1 0 STREETS/DRAINAGE STATUS COMMENTS Ditch Maintenance: On Schedule N\A Street Sweeping On Schedule 724.35 Miles of stree (Including Flemingto Special Projects N\A No Report PUBLIC UTILITIES METER READERS Pressure Checks Meters Read Service leaks repaired Rereads Accuracy Checks Meters Replaced Water Production Chlorine Usage 4 10,595 2 92 0 74 91,533,000 MG 1,577 lbs. CONSTRUCTION MAINTENANCE Meters Installed 3/4" Potable Meters Installed 3/4" reused Meters Replaced 3/4" Meters Installed 1.5" Meter Installed 1-1/2" Meters Installed 1" Meters Installed 2" Meters Installed 3" Meters Installed 4" reused Meters Installed 6" Meters Installed 8" Water Meter Relocated Water & Sewer Line Locates Water Taps Sewer Taps Manholes Lowered Manholes Uncovered Manholes Repaired Manholes Raised Road Cuts Curbing Cut Sidewalk Cut Driveway Cut Road Bore Water Line Repair Reused water line tap Reused water line repaired Reused water valve box installed 2 0 0 2 0 0 2 0 0 0 0 0 314 1 0 0 0 0 0 1 0 0 0 0 8 0 0 0 Water Valve Box installed 2" Water Valve installed Sewer Line Repair Sewer lines cleaned (ft) Unscheduled sewer cleaning Night sewer line cleaning Sewer lines Monitored (ft) I & I Water Valve Inspection Fire Hydrants Installed Fire Hydrants Maint. Fire Hydrant Painted Fire Hydrants Raised Fire Hydrant Repaired Fire Hydrant Relocated Fire Hydrant Replaced Fire Hydrant Removed Valve Box Installed Storm Drains cleaned Vactor truck # 2 water tank fillups Water Usage Cleaned liftstations Cleaned Liftstation in Ludowici, Ga Cleaned sewer lines in Pembroke, Ga. 3/21/11 Clairifier cleaned 2 3 4 48,600 ft 0 0 3,000 ft 0 0 24 0 0 1 0 0 0 0 0 0 14,000 gals 11 0 0 1 Comments: - Repaired 1" water line at City Public Works - Repaired low water pressure at 113 Cherrydale St. - Raised 3/4" water meter at 1214 Peacock Dr. off of Oak Forest Dr. - Installed 1.5" water meter for Justice Center Storage Building - Repaired 2" water leak at City Public Works and disconnected 2"x8" water line at City Public Works - Disconnected 2" water line from 8" water main and capped 2" water line and connected to 3" water valve at water tank temporarily until new water main is installed. - Repaired 2" water leak behind Kroger's - Repaired 1" water line behind Hinesville Ford at canal - Lift stations cleaned: Garden Acres, Airport Rd., Sunbury Rd, Cypress Cove, Deveraux Place, Pineland I & II, Stone Henge, Hinesville Pump Station, Country Club. - Disconnected 2" water line from 8" water main at Public Works Yard at valve pit and connected to water tank - Repaired 3/4" water leak at 211 Bradwell St. behind Board of Education building on Bradwell St. and made half road cut. - Made 2" x 6" water tap and installed 2" water meter for New Pleasant Grove Church @ 1450 W. Oglethorpe Hwy. - Repaired fire hydrant at James Brown Park - Repaired sewer service line and installed clean out at 5 Sherwood Dr. - Uncovered and raised manhole at intersection of Florence/1st Street - Replaced missing top on manhole at Mill Creek (Pipkins Trailer Park) - Made 6"x*" sewer tap at new plant for sewer pump station on JV Rd. Installed 6"x8" tapping sleeve and 8" tapping valve, 8" ductile iron pipe approximately 12 ft. in length and 6" flange end. - Made 8"x6" sewer force main tap for Flemington II Lift Station on Wallace Martin Rd. - Uncovered and raised manhole at intersection of Florence/1st Street - Replaced missing top on manhole at Mill Creek at Pipkins Trailer Park - Road cut done at Public Works Dept at 613 E.G. Miles Parkway LIFT STATIONS - Hinesville Lift Station - Paint the hoist railing system as requested. Used a gallon and half of paint. - LS01 Mill Creek Liftstation - Checked overloads p2 liftstation. Went to Mill Creek to check overloads caused by call out. Cleaned out wet well with Vac Truck. - LS08 Garden Acres Liftstation - Pump #1 needs to be pulled and removed debris from volute. Pulled pump, removed debris from volute/impeller, reset pump and verified proper operation. Cleaned out wet well with Vac Truck - LS09 Northwest Woods Liftstation - Clean out wet well with Vac Truck. Drilled holes and mounted hinges on wet well lid. Cut bottom of lid with cutting wheel so that bolts can be tightly secured. Lid remounted properly and secure. - LS10 Arlington Park Liftstation - Cleaned out wet well with Vac Truck - LS36 Deveraux Place Liftstation - Pump #2 needs to be pulled and removed debris from volute. Pulled pump, removed debris from volute/impellar, reset pump and verified proper operation. - Pump Room - Sump pump #1 needs to be reinstalled. Installed new sump pump into posi and verified proper operation, all good. WASTE-WATER TREATMENT PLANT Hinesville Total Flow MG Hinesville Avg. Flow MGD Ft. Stewart Total Flow MG Ft. Stewart Avg. Flow MGD Combined Total Flow MG Combined Avg. Flow Total of Lab Analysis performed Average Lab Analysis performed per day Total Power Used KWH Average Power/Day KWH 71.5 2.383 48.176 1.606 119.679 3.989 3,176 136 358,800 11,960 WATER RECLAMATION FACILITY Influent flow MG Influent flow Avg. MGD Discharge flow MG Discharge flow Avg. MGD Re-use flow MG Re-use flow Avg. MGD 23.53 0.784 5.114 0.17 14.05 0.468 City of Hinesville, Georgia Council Meeting Date: May 19, 2011 Agenda Item: 12-0-0 Prepared by: Jan Leverett Presented by: Council Member Jenkins ACTION ITEMS: None INFORMATIONAL ITEMS: 12-1-0 Incident Activity Report City of Hinesville, Georgia Council Meeting Date: May 19, 2011 Agenda Item: 12-1-0 March 2011 Incident Run Report Prepared by: Jan Leverett Presented by: Council Member Jenkins PURPOSE: April 2011 Incident Run Report BACKGROUND: April 2011 Incident Run Report FUNDING: N/A RECOMMENDATION: N/A ATTACHMENTS: 12-1-1 April 2011 Run Report 12-1-2 April 2011 Incident Type Report 12-1-3 April 2011 Dollar Value Saved & Loss Report PREVIOUS COUNCIL DISCUSSION: N/A 12-1-1 Incident Activity Report Hinesville Fire Department Incident Activity Report Period November 1-30, 2010 December 1-31, 2010 January 1-31, 2011 February 1-28, 2011 March 1-31, 2011 April 1-30, 2011 Hinesville Flemington City Limits City Limits 155 10 138 4 144 6 227 17 201 15 187 13 Liberty County 5 4 8 5 9 6 Midway City Limits Richmond Hill Fort Jesup Glennville Sta 1 Hinesville Stewart Totals City Limits 1 1 172 67 146 60 158 68 249 82 225 100 1 207 70 Non Incident Activity Report Period November 1-30, 2010 December 1-31, 2010 January 1-31, 2011 February 1-28, 2011 March 1-31, 2011 April 1-30, 2011 Burn Permits 26 14 8 22 20 11 Car Seats 10 8 7 3 7 6 Smoke Detectors 5 6 7 1 1 2 Scald Prevention Swimming Pool Filled 1 Totals 41 28 22 26 29 19 Walthourville City Limits 1 1 12 10 7 Allenhurst City Limits 1 Gumbranch City Limits 1 1 1 3 1 2 Riceboro Liberty Long Sta 2 City Limits County County Totals Totals 5 74 246 3 1 66 212 10 3 82 240 12 1 110 359 12 5 130 355 15 1 94 301 12-1-2 Incident Type Report Hinesville Fire Department Responses for April Response Type Building fire Fires in structure other than in a building Cooking fire, confined to container Fuel burner/boiler malfunction, fire confined Trash or rubbish fire, contained Fire in mobile home used as fixed residence Fire in portable building, fixed location Passenger vehicle fire Road freight or transport vehicle fire Water vehicle fire Camper or recreational vehicle (RV) fire Off-road vehicle or heavy equipment fire Forest, woods, or wild land fire Brush or brush and grass mixture fire Grass fire Outside rubbish, trash or waste fire Construction or demolition landfill fire Dumpster or other outside trash receptacle fire Fireworks explosion (no fire) Outside equipment fire Outside gas or vapor combustion explosion Excessive heat, scorch burns with no ignition Medical assist, assist EMS crew Motor vehicle accident with injuries Motor vehicle/pedestrian accident Motor vehicle accident with no injuries Search for person in water Search for person on land Extrication, rescue, other Extrication of victim(s) from vehicle Removal of victim(s) from stalled elevator Extrication of victim(s) from machinery Rescue or EMS Standby Gasoline or other flammable liquid spill Gas leak (natural gas or LPG) Oil or other combustible liquid spill Chemical hazard (no spill or leak) Chemical spill or leak Refrigeration leak Carbon monoxide incident Heat from short circuit (wiring), defective/worn Overheated motor Breakdown of light ballast Power line down Arcing, shorted electrical equipment Biological hazard, confirmed or suspected Building or structure weakened or collapsed Aircraft standby Vehicle accident, general cleanup Person in distress Lock-out Ring or jewelry removal Water or steam leak Smoke or odor removal Public service assistance Assist police or other governmental agency Public service Assist invalid Unauthorized burning Cover assignment, standby, moveup April 2010 April 2011 March 2010 March 2011 6 7 5 7 1 1 2 2 2 1 2 1 3 2 1 1 1 1 2 5 1 1 4 1 2 1 2 1 91 12 1 20 1 156 8 2 28 9 8 2 1 1 85 12 1 15 194 9 31 1 1 2 3 1 3 1 5 1 1 3 2 3 2 1 1 2 1 1 1 1 1 2 3 1 3 10 17 1 1 4 7 2 13 1 4 15 2 4 Dispatched and cancelled en route Wrong location No incident found on arrival at dispatch address Authorized controlled burning Smoke scare, odor of smoke Steam, vapor, fog or dust thought to be smoke Smoke from barbecue, tar kettle HazMat release investigation w/no HazMat Municipal alarm system, malicious false alarm Telephone, malicious false alarm Central station, malicious false alarm Local alarm system, malicious false alarm Bomb scare - no bomb Extinguishing system activation due to malfunction Smoke detector activation due to malfunction Alarm system sounded due to malfunction CO detector activation due to malfunction Sprinkler activation, no fire - unintentional Smoke detector activation, no fire - unintentional Detector activation, no fire - unintentional Alarm system activation, no fire - unintentional Carbon monoxide detector activation, no CO Severe weather or natural disaster, Other Wind storm, tornado/hurricane assessment Lightening strike (no fire) TOTAL 7 9 1 22 1 16 3 4 16 15 7 2 3 18 1 3 3 1 1 5 3 1 7 197 1 355 1 1 4 1 1 1 1 2 4 4 2 200 301 12-1-3 Dollar Value Saved and Loss Hinesville Fire Department Dollar Value Saved and Loss Period November 1-30, 2010 December 1-31, 2010 January 1-31, 2011 February 1-28, 2011 March 1-31, 2011 April 1-30, 2011 # of Fires Total Values Total Losses Total Saved Total Percent Loss Total Percent Saved 4 6 2 4 5 5 $931,500 $852,283 $740,500 $592,864 $3,632,613 $858,821 $188,250 $101,680 $13,100 $18,843 $819,885 $106,150 $743,250 $750,603 $727,400 $574,021 $2,812,728 $752,671 20.21% 11.93% 1.77% 3.18% 22.57% 12.36% 79.79% 88.07% 98.23% 96.82% 77.43% 87.64% 26 $7,608,581 $1,247,908 $6,360,673 16.40% 83.60% City of Hinesville, Georgia Council Meeting Date: May 19, 2011 Agenda Item: 13-0-0 Councilmember Anderson’s Report Prepared by: Rose M. Kenner Presented by: Councilmember Anderson ACTION ITEMS: NONE INFORMATIONAL ITEMS: NONE City of Hinesville, Georgia Council Meeting Date: May 19, 2011 Agenda Item: 14-0-0 Councilmember Floyd’s Report Prepared by: Linda Smith Presented by: Councilmember Floyd ACTION ITEMS: None INFORMATIONAL ITEMS: Department of Inspections monthly report for April 2011. City of Hinesville, Georgia Council Meeting Date: May 19, 2011 Agenda Item: 14-1-0 End-of-Month Report Prepared by: Linda Smith Presented by: Councilmember Floyd PURPOSE: To demonstrate construction activities and collection of fees for the month of April 2011. BACKGROUND: N/A FUNDING: N/A RECOMMENDATION: N/A ATTACHMENTS: 14-1-1 Addendum to Monthly Report 14-1-2 Periodic Summary Report 14-1-3 Site Development 14-1-4 GIS Monthly Fee Report PREVIOUS COUNCIL DISCUSSION: N/A DEPARTMENT OF INSPECTIONS ADDENDUM TO MONTHLY REPORT MONTHLY/YEAR: April 2011 A. OTHER FEES COLLECTED FOR MONTH: DEPARTMENT OF INSPECTIONS Re-Inspection Fees $ 30.00 GIS Maps $ 261.75 Tree Fund 0.00 WATER/SEWER FUND Water Meter Fees $ Water Impact Fees $ Sewer Impact Fees $ Infrastructure Fees $ WATER ERUs Res. Comm. SEWER ERUs Res. Comm. 1,840.00 1,600.00 10,560.00 - (Independence/Settlement) B. C. INSPECTIONS: Structural Plumbing Zoning E. F. G. H. Electrical Mechanical Total Inspections 61 41 321 NEW RESIDENTIAL BUILDINGS FINALED: Single Family Multi-Family (1) Apartments (2) Duplex (3) Townhouse (4) Condominium D. 159 53 7 # of Bldgs. 4 0 0 0 0 # of Units 4 0 0 0 0 Valutation Amount $ 850,361.00 $ $ $ $ 0.00 0.00 0.00 0.00 NEW RESIDENTIAL ACCESSORY STRUCTURES FINALED: # of Permits (Includes Private Pools, Storage Bldgs & Residential Garages/Carports) 2 $ 3,256.00 20 $ 140,267.00 (Includes Office, School/Education & Religious Buildings) 0 $ 0.00 COMMERCIAL ADDITIONS, ALTERATIONS & REPAIRS FINALED: 2 $ 209,478.00 RESIDENTIAL ADDITIONS, ALTERATIONS & REPAIRS FINALED Valutation Amount NEW COMMERCIAL CONSTRUCTION FINALED: MOBILE HOMES FINALED: Mobile Home Park Mobile Home Subdivision # Replacement Units 0 0 # New Units 0 0 4 0 4 0 FY TO DATE WATER ERUs Res. 41 Comm. 22.21 SEWER ERUs Res. 38 Comm. 21.36 Code Enf. Complaints: 56 Bldg. Code Violations 49 City of Hinesville Department of Inspections PERIODIC REPORT SUMMARY OF PERMITS ISSUED MONTH OF APRIL 2011 Permit Type Code Current Fiscal Year (11/01/10 - 04/30/2011) # Permits Valuation Amount 905,845.00 Fees $ Permit Type 5,506.00 Single Family (Detached) Previous Fiscal Year (11/01/09 - 04/30/10) Code # Permits Valuation Amount Code # Permits 101 31 $ 6,637,794.00 $ 38,216.00 Single Family (Detached) 101 28 $ 901,488.00 $ 4,420.50 Single Family (Attached) 102 0 $ - $ - 103 0 $ - $ - Single Family (Detached) 101 4 $ Single Family (Attached) 102 0 $ - $ - Single Family (Attached) 102 7 $ Two-Family Buildings 103 0 $ - $ - Two-Family Buildings 103 0 $ - Fees $ Permit Type - Two-Family Buildings Valuation Amount 5,904,345.00 Fees $ 24,788.50 3 & 4 Fam Bldgs (Apts) 104 0 $ - $ - 3 & 4 Fam Bldgs (Apts) 104 0 $ - $ - 3 & 4 Fam Bldgs (Apts) 104 0 $ - $ - 5+ Fam Bldgs (Apts) 105 0 $ - $ - 5+ Fam Bldgs (Apts) 105 0 $ - $ - 5+ Fam Bldgs (Apts) 105 0 $ - $ - 3 & 4 Fam Bldgs (Condos) 106 0 $ - $ - 3 & 4 Fam Bldgs (Condos) 106 0 $ - $ - 3 & 4 Fam Bldgs (Condos) 106 0 $ - $ 5+ Fam Bldgs (Condos) 107 0 $ - $ - 5+ Fam Bldgs (Condos) 107 0 $ - $ - 5+ Fam Bldgs (Condos) 107 0 $ - $ - Manuf Hme (new locate) 111 0 $ - $ - Manuf Hme (new locate) 111 0 $ - $ - Manuf Hme (new locate) 111 0 $ - $ - - Manuf Hme (replacement) 112 0 $ - - 60.00 Driveway/Open Ditch Encl 113 19 $ Manuf Hme (replacement) 112 0 $ Driveway/Open Ditch Encl 113 4 $ - $ 4,800.00 $ - $ 89,290.00 $ Manuf Hme (replacement) 112 0 $ 240.00 Driveway/Open Ditch Encl 113 37 $ 210.00 Well Drilling Permit $ - 61,096.00 $ 810.00 Well Drilling Permit 116 3 $ 4,500.00 $ 105.00 Well Drilling Permit 116 6 $ 9,600.00 $ 116 11 $ 22,525.00 $ 385.00 Electrical Permits 120 26 $ 217,225.00 $ 452.00 Electrical Permits 120 123 $ 1,159,286.00 $ 2,779.00 Electrical Permits 120 127 $ 716,116.00 $ 2,570.50 Plumbing Permits 121 19 $ 117,073.00 $ 410.00 Plumbing Permits 121 119 $ 600,898.00 $ 2,767.50 Plumbing Permits 121 107 $ 373,375.00 $ 2,454.50 Mechanical Permits 122 26 $ 262,779.00 $ 730.00 Mechanical Permits 122 115 $ 1,486,159.00 $ 3,662.00 Mechanical Permits 122 101 $ 754,165.00 $ 3,318.00 Gas Permits 123 0 $ - $ - Gas Permits 123 3 $ 6,500.00 $ 123 2 $ 60,100.00 $ 34.50 Hotel or Motel 213 0 $ - $ - Hotel or Motel 213 0 $ - $ - Hotel or Motel 213 0 $ - $ - Amusement / Recreation 318 0 $ - $ - Amusement / Recreation 318 0 $ - $ - Amusement / Recreation 318 0 $ - $ - Churches / Religious Bldgs 319 0 $ - $ - Churches / Religious Bldgs 319 2 $ 1,178,138.00 $ Industrial Building 320 0 $ - $ - Industrial Building 320 3 $ 3,400.00 $ 83.50 Gas Permits 3,068.00 Churches / Religious Bldgs 75.00 Industrial Building 319 0 $ - $ - 320 0 $ - $ - Parking Garage 321 0 $ - $ - Parking Garage 321 0 $ - $ - Parking Garage 321 0 $ - $ Service Stn / Repair Garage 322 0 $ - $ - Service Stn / Repair Garage 322 0 $ - $ - Service Stn / Repair Garage 322 0 $ - $ - Hospital / Institution 323 0 $ - $ - Hospital / Institution 323 0 $ - $ - Hospital / Institution 323 0 $ - $ - Office, Bank / Profess Bldg 324 0 $ - $ - Office, Bank / Profess Bldg 324 3 $ Public Works / Utilities 325 0 $ - $ - Public Works / Utilities 325 0 $ 1,022,291.00 - $ $ School / Educational Bldg 326 0 $ - $ - School / Educational Bldg 326 0 $ Store / Mercantile Bldg 327 0 $ - $ - Store / Mercantile Bldg 327 1 $ 2,747,033.00 $ $ 1,120.00 Office, Bank / Profess Bldg - Public Works / Utilities - School / Educational Bldg 2,385.25 Store / Mercantile Bldg 324 0 $ - $ - 325 0 $ - $ - 326 0 $ - $ - 327 0 $ - $ - Other Non-Residential Bldg 328 4 $ 1,896,993.00 $ 90.00 Other Non-Residential Bldg 328 24 $ 3,570,295.00 $ 645.00 Other Non-Residential Bldg 328 20 $ 88,554.00 $ 710.00 Structures other than Bldgs 329 8 $ 59,286.00 $ 333.00 Structures other than Bldgs 329 18 $ 996,328.00 $ 3,610.00 Structures other than Bldgs 329 17 $ 218,938.00 $ 1,176.00 Signs 330 13 $ 11,413.00 $ 325.00 Signs 330 33 $ 47,473.00 $ 330 55 $ 155,462.00 $ 1,400.00 Add/Alter/Repair Res Bldg 434 35 $ 160,157.00 $ 720.00 Add/Alter/Repair Res Bldg 434 121 $ 994,647.00 $ 5,142.00 Add/Alter/Repair Res Bldg 434 154 $ 1,086,535.00 $ 6,160.50 Add/Alter/Repair Non-Res 437 7 $ 196,546.00 $ 942.50 Add/Alter/Repair Non-Res 437 30 $ 3,730,319.00 $ 5,031.00 Add/Alter/Repair Non-Res 437 53 $ 8,423,100.00 $ 5,997.50 Res Garage / Carport 438 0 $ 438 29 $ 157,308.00 $ 861.00 Res Garage / Carport 438 4 $ 32,989.00 $ 199.00 Demolition 450 2 $ 450 13 $ 119,800.00 $ 295.00 Demolition 450 21 $ 115,462.00 $ 7,920.00 12,000.00 $ Res Garage / Carport 45.00 Demolition Moved Houses/Struct/Bldg 475 0 $ 500 501 26 0 $ $ 1,113,169.00 - $ $ … 177 $ 4,961,786.00 $ 10,862.00 1,840.00 $ 10,000.00 Current FY Total Water Meter Fees $ Water Impact Fees $ 1,600.00 Sewer Impact Fees $ 10,560.00 Infrastructure Fees $ - ** Indicates there was 1 no fee permit in this category for the Bd. of Ed. $ - Plans Checking Sprinkler Sys, Bldgs only TOTALS: - $ - Moved Houses/Struct/Bldg 1,143.50 Plans Checking Sprinkler Sys, Bldgs only TOTALS: - $ 825.00 Signs 475 0 $ 500 501 136 3 0 $ $ 17,329,211.00 141,000.00 $ $ 13,672.75 Plans Checking 22.00 Sprinkler Sys, Bldgs only - Moved Houses/Struct/Bldg … 839 $ 42,928,258.00 $ 89,130.50 TOTALS: 475 1 $ 100.00 $ 100.00 500 501 125 2 0 $ $ 15,036,810.00 20,100.00 $ $ 12,055.00 122.00 … 865 $ 33,069,772.00 $ 70,201.00 SITE DEVELOPMENT PROJECTS APRIL 2011 As of April 30, 2011 Project Anytime Fitness Valuation $ Azalea Street Redeveopment, Phase II $ Address 156,289.00 2353 W. Hwy 196 - Azalea St./Ash Blvd./Caswell Ct. Bradwell Institute $ Car Wash Express $ 287,488.00 737 E. Oglethorpe Hwy. City Hall $ 7,009,168.00 115 E. M.L. King Jr. Dr. Dasher Self Storage $ 2,747,033.00 748 E.G. Miles Pkwy. Dr. Bodamer's Office $ 484,114.00 600 E. Oglethorpe Hwy. Dr. Townsend's Office $ 95,343.00 767 Frank Cochran Dr. First Seventh Day Adventist Church $ 552,864.00 173 Live Oak Church Rd. Golden Habachi Buffet $ 205,185.00 503 W. Oglethorpe Hwy. Governor's Quarters $ Griffin Park Phase 1A $ Griffin Park Phase II $ 864,595.00 Cascade Ct. Griffin Park Phase 1B $ 380,252.00 Grandview Dr. Independence Settlement, Phase 1A-R $ 2,602,744.00 100 Pafford St. - Tattnall Dr. 1,979,496.00 Miles Crossing / Hwy 196 W 2,208,789.00 Bender St. / Davila St. / Connor Ct. Liberty County EMA Office $ 333,000.00 Liberty Street Liberty County Justice Center $ 19,652,481.00 201 S. Main St. Oak Crest Phase I $ 879,832.00 Oak Crest Dr. / Forest St. Oak Crest Phase IIA $ 358,271.00 Forest Street Oak Crest Phase IV $ 661,136.00 Forest Street Extension Olvey Fieldhouse $ 1,886,646.00 315 E. Gen. Stewart Way OMI Public Works $ 3,182,575.00 613 E.G. Miles Pkwy. Pleasant Grove AME Church $ 625,274.00 1450 W. Oglethorpe Hwy. The Grove at Cinder Hill, Phase VII $ 305,402.00 Ali Ave. / Carlie Ct. TOTAL $ 47,457,977.00 April 2011 PROJECTS IN PLANNING AND UNDER SITE CONSTRUCTION As of 04/30/11 Project Status Address Bradwell Institute Addition LDA Issued Off General Screven Way Bryant Commons Surface Mine Limited LDA Issued Bryant Commons Drainage Area off Hwy 84 DFCS Building Site Plan approved/Design Review Approved 112 W Oglethorpe Hwy Dr. Myers (dental surgeon) Zoning Approved/Site Plan Approved 604 W Oglethorpe Hwy Flemington Oaks Site Plan Approved In Flemington Hinesville water &sewer Griffin Park, Ph III Preliminary Plat Submitted (41 lots) Off of Hwy 196 W Guyett Estates at Griffin Park (fka Oak Grove Estates) Final Plat Approved(30 lots) Off of Live Oak Church Road Hinesville Public Works LDA Issued/Construction Under Way 613 EG Miles Pkwy Immediate Care Center LDA Issued At the intersection of Hwy 84 E and E Gen Stewart Way Private access easement still pending Independence Place Stewart North (Ph II) Site Plan/Preliminary Plat Approved On the East side of 15th Street adjacent to Independence Place Ph I (312 apartment units) Independence Stewart North Entrance Road Site Plan Approved Off of 15th Street Independence Settlement Phase II, 76 lots Preliminary Plat (Specific Development Plant) Approved Off of Marne Blvd Independence Settlement Phase B-2 Preliminary Plat Submitted (41 lots) Off of Marne Blvd Liberty Park (fka as Settlement), Lot 1 and Block 1 Final Plat Approved Off of Marne Blvd Liberty Park, Block 2 and 3 (24 lots) Final Plat Approved with conditions Off of Marne Blvd Mt. Zion Baptist Church Community Outreach Center Site Plan to be re-submitted Off of Shaw Road Olvey Practice Field and Fieldhouse (new) LDA Issued Off Gen Stewart Way Surrey Road Detention Pond LDA Issued City project off of Surrey Road Wexford Estates (12 lots) Preliminary Plat Approved Off of Wexford Drive Hinesville GIS Office Monthly Sales Report for April 2011 Date Sold Invoice Number 04/01/11 04/01/11 04/07/11 04/11/11 04/19/11 04/21/11 4011102 401201101 407201102 411201102 419201101 420201101 03/29/11 03/31/11 04/27/11 329201103 3312011 427201101 Company Name Darin Townsend Dental Services P C Simonton & Associates HDDA Contact Name Invoice Amount Darin Townsend Peter Buhles Marco Deprince Linda Anglin Roger Hammens Joel Osteen $ $ $ $ $ $ 37.00 10.00 10.00 20.00 10.00 23.00 Vicki Davis James Huffman $ $ $ Total Sold: $ 1 of 1 Date Paid Amount Paid Permit Number Type 04/01/11 04/01/11 04/07/11 04/11/11 04/19/11 04/21/11 $ $ $ $ $ $ 37.00 10.00 10.00 20.00 10.00 23.00 R-949112 R-949116 R-952824 R-954161 R-960807 R-961370 cash cash cash cash credit cash 53.75 88.00 10.00 04/21/11 04/25/11 04/27/11 $ $ $ 53.75 88.00 10.00 R-961532 R-962247 R-962473 check check cash 261.75 Total Paid: $ 261.75 City of Hinesville, Georgia Council Meeting Date: May 19, 2011 Agenda Item: 15-0-0. Mayor Pro Tem Frasier’s Report Prepared by: Linda Blanchard Presented by: Mayor Pro Tem Frasier ACTION ITEMS: t INFORMATIONAL ITEMS: 15-1-0. Mayor Pro Tem Frasier’s Report City of Hinesville, Georgia Council Meeting Date: May 19, 2011 Agenda Item: 15-1-0. Mayor Pro Tem Frasier’s Report Prepared by: Linda Blanchard Presented by: Mayor Pro Tem Frasier PURPOSE: Report criminal Activity BACKGROUND: Monthly report from incidents and citations FUNDING: NA RECOMMENDATION: NA ATTACHMENTS: 15-1-1. Crime and Citation Report 2011-4 PREVIOUS COUNCIL DISCUSSION: NA HINESVILLE POLICE DEPARTMENT CRIME AND CITATION REPORT April 1-30, 2011 Aggravated Assault Auto Theft Homicide/Homicide by vehicle Rape Robbery Burglary Arson Entering Auto Domestic Disputes Juvenile Arrests Curfew Violation Warnings Adult curfew arrests Juvenile curfew arrests Criminal Citations Military Civilian Traffic Citations Military Civilian Loud Music Citations (also included in traffic citation numbers) Military Civilian Traffic Warnings DUI Over 21 Under 21 Military Civilian April 2010 0 0 0 0 4 38 1 19 44 56 0 0 0 133 22 111 691 149 542 April 2011 5 5 0 2 4 54 0 33 54 47 3 0 2 109 28 81 March 2011 0 5 1 0 1 64 0 15 62 42 4 0 0 107 26 81 177 500 March 2010 0 5 0 0 2 26 1 23 42 64 0 0 0 168 37 131 888 171 717 8 16 8 9 5 3 357 20 20 0 2 18 11 5 302 4 4 0 1 3 2 6 471 11 9 2 3 8 4 5 372 9 8 1 0 9 677 743 217 526 City of Hinesville, Georgia Council Meeting Date: May 19, 2010 Agenda Item: 16-1-0 Public Hearing - Buffalos Prepared by: Rose M. Kenner Presented by: Billy Edwards PURPOSE: at 5:00 p.m. To remind Council of the Public Hearing for Buffalos Southwest Café BACKGROUND: Buffalos Southwest Café, located at 811 E.G. Miles Parkway, is currently operating without a local manager since February 20, 2011. Buffalos Southwest Café currently has a Class II Alcoholic Beverage License to sell beer, wine and liquor that is not according to the City of Hinesville Code of Ordinances. FUNDING: RECOMMENDATION: ATTACHMENTS: PREVIOUS COUNCIL DISCUSSION: City of Hinesville, Georgia Council Meeting Date: May 19, 2011 Agenda Item: 16-2-0 Live Oak Library Board Appointment Prepared by: Rose M. Kenner Presented by: Billy Edwards PURPOSE: To inform Mayor and Council of the expiration of the appointment on the Live Oak Library Board. BACKGROUND: Yvonne Wood’s appointment on the Live Oak Library Board expires on June 30, 2011. The Hinesville Housing Authority appointments are made by Mayor and Council for a three (3) year term. This will be an agenda item at the June 2, 2011 Council Meeting for discussion/appointment. FUNDING: RECOMMENDATION: ATTACHMENTS: 16-2-1 Board appointment spreadsheet PREVIOUS COUNCIL DISCUSSION: STANDING BOARDS/COMMISSIONS/AUTHORITIES APPOINTEES ORGANIZATION APPOINTED BY Serves by virtue of position By governing authority Mayor and Council Live Oak Library Board (3 members, 3 year term) Mayor and Council Mayor and Council Mayor and Council Mayor and Council Mayor and Council Hinesville Housing Authority (7 members, Mayor and Council 5 year term) Appointed by Mayor and Council Mayor and Council Mayor and Council Mayor and Council CURRENT APPOINTEES James Thomas Shirley Frasier Yvonne Woods Judy Shippey Douglas Harn Kevin Thomas Irene McCall Denise Deigh** Liston Singletary* Lee McGee Paul Johnson Susan Albright Liberty County Records Advisory Board Sarah Lumpkin 3 Rev Brown Jeffrey Hein Beverly Pitts Liston Singletary Linda Richardson Curtis Velasco Richard Olson Reggie Sage Justin McCartney 2 2 3 4 5 1 3 4 2 Liberty County Board of Health (2 members) Ethics Committee (5 members, 2 year term) Appointed by Council Hinesville Area Metropolitan Planning Organization (HAMPO) Citizens Advisory Committee (CAC) Mayor and Council CM Frasier CM Ryon CM Anderson CM Jenkins CM Shaw Mayor Pro Tem Frasier CM Anderson CM Jenkins CM Floyd *Mr. Singletary is filling the unexpired term of Mayra Smalls **Ms. Deigh is filling the unexpired term of Mattie Brown RESIDES IN DISTRICT 4 1 1 2 2 2 5 1 4 3 3 3 TERMS SERVED 1 2 2 2 2 1 1 1 1 1 LENGTH OF TERM 4 years 6 years 3 years 3 years 3 years 5 years 5 years 5 years 5 years 5 years 5 years 1 year TERM BEGAN 01/01/2000 01/01/2005 07/01/2008 07/01/2010 09/02/2010 05/11/2010 05/11/2006 08/05/2010 08/20/2009 12/04/2008 05/11/2008 08/06/2010 Serves at the pleasure of the Mayor and Council 2 years 2 years 2 years 2 years 2 years 2 years 2 years 2 years 2 years TERM EXPIRES End of Term 12/31/2016 06/30/2011 06/30/2013 06/30/2013 05/11/2015 05/11/2016 05/11/2012 05/11/2013 05/11/2014 05/11/2013 08/06/2011 N/A 05/17/2011 05/17/2011 05/17/2009 05/17/2009 05/17/2011 02/07/2008 02/17/2011 03/03/2011 02/17/2011 05/17/2013 05/21/2013 05/17/2013 05/17/2013 05/17/2013 02/17/2013 02/17/2013 03/03/2013 02/17/2013 5/17/2011 10:27 Page 3 of 5
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