Town Council Regular Meeting

Town of Tyrone Council Meeting Minutes June 5, 2014 Present: Mayor Eric Dial Mayor Pro Tem Gloria Furr Council Member Ken Matthews Council Member Ryan Housley Council Member Linda Howard Town Manager Kyle Hood Town Clerk Dee Baker Town Attorney Dennis Davenport Mayor Dial called the meeting to order at 7:00 p.m. The Invocation was given by David Barlow, Fayette County Commissioner, followed by the Pledge of Allegiance. Public Comments David Barlow, Fayette County Commissioner, congratulated Town Council regarding the Tyrone budget; another year with a balanced budget with no deficit. He then updated Council regarding several County items. He shared that the anticipated completion date for the new Fire Station is November 1, 2014. He stated that all County employees will receive a 2% cost of living raise and another 2% incentive bonus if the budget remains on course in six months, for a total of a 4% raise. The County is also building a 1.5 million dollar facility for law enforcement training, which will be utilized by all surrounding cities’ officers. Commissioner Barlow also stated that the County is updating their Geographic Information System (GIS) for a high definition aerial view. He added that the County is spending a budgeted 5.6 million dollars on updating the water system. The County has also received an award from the Environmental Protection Division (EPD) for a job well done on improvements to the water system to date, and stated that Lee Pope is doing a phenomenal job. He also congratulated the County for working with Mr. Hood on projects such as Valleywood Road. Approval of Agenda Council Member Matthews made a motion to approve the agenda with the change of switching Public Hearing items number one and two. Council Member Housley seconded the motion. Motion was approved 4-0. 1|Page CONSENT AGENDA: All matters listed under this item are considered to be routine by the Town Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the consent agenda and will be considered separately. Council Member Housley made a motion to approve the consent agenda. Council Member Howard seconded the motion. Motion was approved 4-0. Approval of Minutes May 15, 2014 Consideration of approval of the renewal of the Providence Probation contract. Kathy Bright, Court Clerk Consideration of approval of the renewal of Adam Shoemaker, the Town Solicitor’s contract. Kathy Bright, Court Clerk PRESENTATIONS/RECOGNITION: PUBLIC HEARING: 1. Consideration of Text Amendment (TA 2014-04) to the Tyrone Zoning Ordinances Article VII section 7-14 B (9), to amend the conditions that apply to Auto Brokers in the C-1 zoning district. Dina Rimi, Zoning and Development Coordinator Mr. Hood stated that an application was brought to the Tyrone Planning Commission, for the purpose of amending the text of the Zoning Ordinance, specifically the conditional use for auto brokers as a usage in the C1 Zoning District. The wording would be changed from no stock to be kept on site, to stock shall be kept on site, only if confined to the primary structure. The Planning Commission recommended approval. Mayor Dial opened the Public Hearing for anyone that wished to speak in favor of this item. Mr. Charles Ellyson spoke, and stated that he and his son wish to move their business to Tyrone. The Town is a wonderful location, central to major cities in the area and the highway. He added that the auto broker business is moving toward a new business model, where most business is conducted on the internet. Mayor Dial asked if anyone wished to speak in opposition. No one spoke. Mr. Davenport stated that the Planning Commission approved that no stock will be kept on site unless it was confined to interior storage. Mr. Hood phrased it differently; stock can only be stored within the primary structure. He suggested that that is a better description of the condition than what is listed. 2|Page Council Member Housley made a motion to approve Text Amendment TA 2014-04, Article VII section 7-14 B (9), to amend the conditions that apply to Auto Brokers in the C-1 zoning district with stock and trade only be stored within the primary structure. Council Member Matthews seconded the motion. Motion was approved 4-0. 2. Consideration on Proposed Budget for FY 2014-2015. Kyle Hood, Town Manager Mr. Hood stated that any questions Council had from the May 27th Budget meeting Ms. Beach has addressed through email. In regards to monetary changes in the CIP, Parks Department restrooms were moved into FY-15 from FY-16. Chief Perkins informed Council that since he has submitted his budget, the software vendor used for investigative searches has since been purchased by a credit union. The company will now start charging .25 for searches. Chief Perkins requested that line item 100-30-53.1104 (Investigations) be increased from $300 to $800, that will allow payment for $2,000 searches. Council Member Furr inquired about the CIP Sewerage line amount of $1,500,000. Mr. Hood informed Council that the report from Peachtree City Water and Sewerage Authority (WASA) at the retreat included several variables. For planning purposes, along with filming and odor control costs, this is a confirmed guaranteed floor cost for the five year period. Mayor Dial asked how the proposed pavilion would affect this line item. Mr. Hood stated that money was budgeted in the current fiscal year for a majority of the cost of the pavilion. There are also additional monies from the current CIP line that was not spent this year, due to projects that came in under budget. Council Member Furr asked how does line item D (Pavilion/Concession/Storage) for $75,000, come into play. Mr. Hood stated that if the pavilion is approved, the monies would come out of the current FY budget. The $75,000 would be primarily for additional recreational improvements to other parks and the monies would not roll over into additional years. Council Member Howard asked why the pavilion was listed under FY-16. Mr. Hood stated that it was originally listed in FY-15 and the two bathroom projects were listed under FY-16. Mr. Hood stated that during the May 27th meeting, he understood that the more dire need was for restrooms at Shamrock Park and for the Soccer fields at Handley. Mayor Dial opened the Public Hearing for anyone that wished to speak in favor of the FY-14-15 proposed budget. Kevin Gooding, who lives at 120 Shankhill Ridge, spoke regarding comments made at the last Council meeting. He stated that several residents spoke from two neighborhoods in favor of a multi-use path and the need for improvements to the downtown area. He updated Council regarding other neighborhood residents that were also interested in multi-use paths for access to downtown. Mr. Gooding stated that he opened a Facebook page titled “The Path to a Better Tyrone.” In the course of two weeks, it has 279 “Likes”. He added that it is obvious that many feel the same way as he does. He asked Council to commit to the transportation funds in the CIP line. The community wants and expects cart paths, let’s finish them. 3|Page Mr. Gooding submitted a letter to Council with recommendations for sidewalk improvements and seven priority path additions. Patricia Moore, who lives at 150 Bennington Pass, spoke in favor of expanding the cart path system. Ms. Moore stated that she also works in Tyrone as a Physician and promotes an active lifestyle. She added that it would be nice to be able to ride her bike to work and her family could visit several businesses in town by bike if the cart paths connected. Erin Kagey, who lives at 106 Kenmare Row, spoke in favor of a cart path on Senoia Road at the Maple Shade subdivision entrance, through downtown to the four way stop. She added that a cart path would be a safe alternative to pick up her children from school. Pip Nelson, who lives at 106 Beresford Road, spoke in favor of a cart path leading to Sandy Creek High School, Flat Rock Middle and Burch Elementary. She stated that children are required to be driven or to ride the bus to school. A safe alternative would be to add a cart path starting at Tri Star Automotive, crossing the railroad tracks to the Sandy Creek cross-county path. If her kids could ride their bikes or skateboards to school, it would save money on car insurance. Jaimi Tapp, who lives at 103 Caledon Court spoke next, in support of the investment for additional multi-use cart paths. She shared her desire for a cart path in order to get to and from Sandy Creek High School safely. She added that when family comes to visit, it is easier and safer from her neighborhood (Tullamore) to take them on the golf cart to shop and eat in Peachtree City than downtown Tyrone. She ended by sharing that she would love to take them to businesses in Tyrone instead. Melissa Hill, who lives at 140 Regal Oak Court, also spoke in favor of a multi-use cart path. She stated that she understands that there are a lot of factors that go into obtaining cart paths, such as widening roads and obtaining residential property. She added that on the Byewood and Lynnwood Road cart paths, there are drop offs on the paths and carts and bikes need to drive onto Senoia Road. That is very dangerous. She suggested starting small and eventually connecting to Peachtree City; perhaps a co-op. She ended by stating that she loves the idea of a pavilion at Handley Park but the Town could benefit more from a golf cart path. It would help sell more homes and gain more taxes. Becky Davis, who lives at 235 Shankhill Ridge, spoke in favor of a multi-use path on Handley Road. Ms. Davis stated that she and her family have lived in Tyrone for thirty years. In 2005 she contemplated moving, but chose to stay in Tyrone because it is a nice and friendly town. Her children went through Tyrone Elementary, Flat Rock and Sandy Creek. They believe in Tyrone and want to continue to make it attractive. It is a great place to raise your family. Candice Ohlmeier, who lives at 270 Pendleton Trail, spoke in favor to extend and improve Tyrone’s cart path system. She stated that she moved to Tyrone nine years ago. The initial appeal was that she heard that a cart path would be installed on Swanson Road from the Pendleton neighborhood. 4|Page They are a biking family and would love to have a safe route to Handley Park, where her daughter and husband referee soccer games. They would also like access to downtown. Sandy Dow, who lives at 355 Swanson Road, spoke in favor of the cart paths also, but added that she wished to discuss the Handley Park permanent pavilion. She stated that she has been a part of the Founder’s Day celebration for eight years. The pavilion was approved last year, we are just waiting on the building process. She added that she is the owner of Mooving Café and several clients have mentioned the need for a larger outdoor venue. Renting the pavilion would bring in extra revenue for the Town. She shared her wish for Council to approve the bid for the pavilion as a business owner, for Founder’s Day and for the Town Sports Organizations. Andres Castaneda, business owner of Kakao Café located at 998 Senoia Road, spoke in favor of a multi-use cart path, the need for sewer in the downtown area and the need for a tenant in the former Tyrone Elementary School building. He stated that in 2008, he and his family invested in his business because they liked Tyrone’s beauty and potential; and wanted to be a part of the community. Tyrone has a hardware store, butcher shop, radio station, theatre and coffee shop in town. Other cities are trying to recreate what we already have. We need financial and infrastructure assistance in order to attract more businesses to downtown, for everyone to be a part of the community for years to come. Sherri Castaneda is the business owner of Kakao Café. Mrs. Castaneda echoed her husband’s concerns as a business owner in the downtown area. She stated to Council that they encourage the beautification of Tyrone as it draws and invites the community. She requested improvements on the multi-use paths, park improvements, including business district signage and to encourage others to come in to be a part of this great community that we have. Ryan Petrello, who lives at 311 Roundstone Rock spoke next, in favor of the multi-use cart paths. He stated that he and his wife moved in last year and love Tyrone’s small town feel. He enjoys visiting the downtown district, especially the coffee shop. It would be nice to be able to access downtown without the need of a car. He added that his daughter will be attending Crabapple in a few years and would like the opportunity to use the cart path to travel to and from. Michael Villarreal, a resident at 165 Donegal Drive and the Home Owner’s Associations President of Cathy Estates, shared his neighborhood’s sentiment for the need of improvement on the multi-use paths. He stated that he moved to Tyrone from Peachtree City. Tyrone offers a small town feel and a sense of community. He added that the use of a multi-use path would be a great draw for future residents. Robin Witherington, who lives at 116 Green Branch Drive, spoke of her support for the Handley Park pavilion. She stated that she has lived in Tyrone for ten years and is currently the Tyrone Youth Baseball Association Treasurer. She shared that she would love to see a pavilion at Handley Park, not only for our kids but for the future also. There have been three tournaments at Handley Park and the association usually informs local restaurants prior to the tournaments. The pavilion could bring in additional rental revenue and would keep business in town. Tournament attendees would spend more money at the concession stand due to a sheltered place to eat. 5|Page Martha Vermuth, a resident at 125 London Berry since 2006, stated that the Tyrone Youth Baseball Association has spent time preparing the fields and that more teams are coming into town. Handley Park needs an overhaul. A pavilion would keep people within the park and provide shelter for other summer programs. This would start the process of beautifying the park. Mayor Dial opened the Public Hearing for anyone that wished to speak in opposition of the FY- 14-15 Budget. No one spoke in opposition. OLD BUSINESS: 3. Consideration of approval of a bid for a Permanent Pavilion at Handley Park Sports Complex. Jennifer Patton Frey, Recreation Events Programmer Mr. Hood stated that he has worked with the apparent low bidder, Riley Contracting, LLC to reduce the cost from $109,000 to $87,901 due to Council’s concerns and requests. The new recommendation is to approve the revised final scope. Mr. Bert Saunders, President of Riley Contracting, LLC stated that he bid the project according to the specifications. He stated that he removed the bid bond and some engineering fees. He added that the roof specifics, such as ceiling fans and lighting were removed, they can be added at a later date. He ended by stating that he exchanged a shingled roof for the metal roof and also took out the storage space of 1,300 blocks to also cut costs. Mayor Dial inquired about the life expectancy of the metal roof. Mr. Saunders stated that the metal roof lasts much longer than a shingled roof. Lynda Owens stated that for regular games and tournaments the pavilion would provide shelter away from the heat. Council Member Housley questioned the real need for the pavilion. Recreation Assistant, Attendees could also eat under the pavilion. During the summer soccer camps, individuals bring their personal tents for shelter from the heat. The pavilion could be rented by the hour. During the past eight years $2,700 to $4,000 was spent for tent rental. Council Member Housley asked if anyone had a proposed financial forecast based on the pavilion rental. Mrs. Owens replied not currently, however, it could be a projected $200 to $300 a month, plus an additional $3,000 savings for Founder’s Day tent rentals. Mr. Hood stated that there should not be an event that the pavilion could not house. The Town could offer two sized rental options. Mayor Dial asked if there is any current event that could be moved to the pavilion and is there an event that could be created for the pavilion? Mrs. Owens suggested “A Taste of Tyrone,” Christmas events; perhaps even a St. Patrick’s Day event. Mr. Hood suggested the Summer Reading Programs at the Library and the Senior Citizens events could be held there as well. Mrs. Owens also suggested the Lego and Science Camps. 6|Page Council Member Howard inquired about the height of the pavilion. Mr. Saunders stated that it has a sixteen foot peak. Discussion ensued regarding the structure of the building. Council Member Matthews stated that his questions were answered by Mr. Hood earlier that day. Council Member Furr stated that she is not satisfied with a shingled roof and she was concerned about the storage room. She was not aware of the storage area initially. Council Member Furr asked if Fayette County Environmental Health could be contacted to located septic lines for restrooms and a concession stand for the soccer association. Mayor Dial asked staff if the pavilion would be placed near any septic lines. Mr. Hood stated that there does not seem to be any conflict with the current layout. The discussion continued regarding the purposed location. Council Member Housley inquired if the approval of the pavilion would have any future impact on any construction for soccer facilities. Mr. Hood stated that there is a lot of untapped potential at the bottom of the hill and there are separate funds in the CIP for soccer. Council Member Furr asked how much money is in the FY -14 Budget for this project. Mr. Hood stated that originally, there was money set aside for field development and $100,000 was budgeted for recreational facilities. According to the approved budget paperwork, $50,000 is allocated this fiscal year and $50,000 for next year. We are in the middle of a list of projects that have not had any money spent. Money will be moved that was earmarked for road resurfacing. We have Capital monies that have not been expended. Council Member Matthews made a motion to approve the original bid for the pavilion $109,000 with storage. Council Member Furr seconded the motion. Motion was approved 4-0. NEW BUSINESS: 4. Acceptance and approval of the LMIG asphalt resurfacing bid. Kyle Hood, Town Manager Mr. Hood stated that each year the Town applies for the Department of Transportation Local Maintenance Improvement Grant. The Town is eligible for $81,400. We are required to put together a project list that staff has prepared totals $92,284. The streets that we have applied to have resurfaced are Berry Hill Lane, London Berry Court, Point View Court, Pyron Point and Tramore Trace. The apparent low bidder was Atlanta Paving and Concrete. We have worked with them in the past and are satisfied with their service. Council Member Housley made a motion to accept the low bid from APAC in the amount of $92,284 for the LMIG resurfacing milling, patch and repair construction work. Council Member Howard seconded the motion. Motion was approved 4-0. 7|Page 5. Approval of a bid to purchase speed cushions for installation on Ashland Trail. Brandon Perkins, Chief of Police. Chief Perkins informed Council that in 2006, McDade Street was paved, creating a cut through for people driving from Coweta County to Peachtree City. The Police Department has had several complaints since then, concerning speed and volume. Thirty years ago when the neighborhood was developed, it was not developed to handle the capacity. He stated that several potential solutions have been attempted, data has been gathered and a petition has been issued to the residents. Out of the 75% that responded, 92% are in favor of the placement of speed control devices. Chief Perkins stated that he has received bids. Only $10,000 was budgeted for this project. He added that he spoke with Mr. Hood and that additional funds are available for this project and Public Works will install the cushions. He ended by informing Council that Magnolia Drive will receive speed cushions and should be completed next fiscal year with additional carry-over monies. Council Member Matthews made a motion to approve the bid to purchase five speed cushion installations from Traffic Logix for $11,287.50 for the installation by Public Works. Council Member Howard seconded the motion. Motion was approved 4-0. Public Comments Ms. Witherington thanked Council for voting in favor of the Handley Park permanent pavilion and stated that not only will the Town benefit, but the Baseball and Soccer Associations will also. Staff Comments Mr. Hood informed Council that they have been supplied with a copy of the department’s second quarter reports for 2014. He added that an advertisement will be run to inform the public that the Public Works Supervisor position is now available. Council Comments Council Member Howard asked Mr. Hood to clarify the Byewood and Lynnwood intersection projects. Mr. Hood stated that anything that promotes pedestrian flow is included in the LMIG resurfacing application. Items that are not covered by the Sidewalk Repair line from the State, will be supplemented by LMIG monies. These two intersections are a continuation from previous sidewalk repairs on Senoia Road. Council Member Furr inquired about the tall grass in Town. Mr. Hood replied that the off ramp was bush hogged and Hwy 74 should be cut today. The Senoia Road and Dogwood intersection and the length of Dogwood Road were cut with a mower. TruGreen has had larger crews in Town recently. Council Member Furr asked whose responsibility it was to pick up trash along the roads. Mr. Hood stated that it is specified in the contract, that it depends on who is in charge of what road. 8|Page Council Member Furr then inquired about the status on the cutting of the bushes in Town. Mr. Hood stated that he has met with TruGreen and Ms. Holt regarding that issue and made sure that they were clear on right of way measurements and who cuts what areas. Council Member Matthews informed staff that there is a top of a tree that is almost in the road, on Tyrone Road, across from the BP and it needs to be removed. Executive Session Adjournment Council Member Housley made a motion to adjourn. Motion was approved 4-0. By:________________________ Attest:______________________ Eric Dial, Mayor Dee Baker, Town Clerk 9|Page