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HomeMy Public PortalAbout20080424CCMinutesPage 1 of 7 20080424City Council Minutes Mayor Buelterman called the Consent Agenda meeting to order at 6:30pm on April 24, 2008. Present in addition to the Mayor was Mayor Pro Tem Doyle and Council members Brewer, Brown, Crone, Smith and Wolff. Also attending were City Manager Schleicher and City Attorney Bubba Hughes. Mayor Buelterman listed the Consent Agenda items as:  Agreement for TEA between DOT, GA State and City of Tybee (Project TEE-0006-00(533), PIN 0006533 Chatham County)-Construction of US 80/SR 26 sidewalks (17th to Teresa Ave.): amendment to increase grant from $80,000 to $160,000: local cost share of project ($40,000) to come from budget line item 100-4210-54-1410.  Water Conservation Program: letter of agreement between MPC and City of Tybee; annual cost for program would be $17,000 from budget line item 505-4410-52-3950.  2008 Budget Amendment #3: Amendment in Beach Renourishment donations line item 100-00- 33-6015 ($35,000); Transfer from emergency contingency line item 100-9000-61-1000 ($121,411) to cover purchase and installation of emergency sirens line item 100-3920-54-2505; Transfer from emergency contingency line item 100-9000-61-1000 ($30,000) to fund asbestos abatement and related costs at City Hall to line item 100-4210-52-2201.  Proposal from Superior Environmental Force, Gray, Georgia for Asbestos Abatement and Disposal and for Thermal System Insulation and Crawlspace Cleanup of City Hall: $23,800 from line item 100-1565-52-2201.  Alcohol License Application: Friends of Tybee Theater-beer, wine per event (5/31 @ Lighthouse).  Alcohol License Application including Sunday sales for Sundae Café.  Alcohol License Application: Tybee Fest-beer, wine per event (10/10, 11 @ South Beach parking lot).  Intergovernmental agreement with the State Properties Commission & authorizing resolution for beach renourishment funds.  Apply for $100,000 GEFA Grant to get remaining septic tanks on sewer, no matching funds required- Mr. Wolff asked Ms. Schleicher to look into where this could be done and talk to the people involved to see if they would have their tanks switched out. During discussion of the budget amendment Mr. Brown asked if there was a plan in place for where people could go when the emergency sirens go off. Ms. Schleicher said she and Chief Sasser have met with the tourism council to have some preliminary discussions regarding what to do if people come to the lobbies of the hotels and businesses. She said when we have the sirens; there will be greater potential for people to want to go into places like the Ocean Plaza to seek shelter. Mr. Brown said the sirens will scare people and we need to at least give them a place to go. Mr. Wolff suggested the gym could be used because of its size and secure location. Mr. Brewer said we should assign this to Mr. Brown of our emergency planning group and make it a comprehensive effort to have vacation rentals and hotels participate. Page 2 of 7 Mr. Brewer asked if other city owned buildings have been surveyed for potential asbestos. Ms. Schleicher said we will do an RFP and conduct a competitive bid. She said we wanted to get the City Hall situation taken care of first. She said the plan is to do a total assessment of every building we own. Ms. Schleicher explained the request regarding employee benefits and waiving fees for employee health care while under workers comp. She said workers comp only pays about 60% of their salary. She said we may have a situation where an employee is struggling to make their health benefit payment because of being on workers comp and having elected family coverage on their insurance. She said the Mayor wanted to look at the city paying for an employee’s family’s healthcare while they are on workers comp. She said our ordinance is very specific so we would have to amend it in order to pay this benefit. Mr. Brown asked for a cost estimate. Mr. Wolff said we should certainly take care of our own and he suggested looking into a rider for the City’s insurance policy to take care of this in the future. Ms. Schleicher said she thinks it would be more cost effective to pick up the expenses as they are incurred. She said it doesn’t happen that often but we don’t want to punish the employee that has been hurt on the job. Mr. Brown asked if the city could get creative and generate a pool that employees with dependents pay into that would cover this type of incident; because the money has to come from somewhere. Mr. Brewer said we should go back three years and determine just how many claims we’ve had to determine the cost and project that onto the future so that we can make a decent decision. Mayor Buelterman asked for Ms. Elliott to determine a cost for the city and bring it back next meeting. Mayor Pro Tem Doyle asked to postpone her Hurricane Conference Report to the last meeting in May. Mr. Hughes said there was discussion at the Beach Task Force about the Corps holding the Beach Renourishment Funds in escrow. He said we can’t do that because the state doesn’t allow it on bond funds. He said if we can segregate the local monies we could put them in escrow. Mr. Hughes said the Debris Removal Contract for the right of way along Solomon Ave. is off the agenda. Mayor Buelterman closed the Consent Agenda meeting. *** Mayor Buelterman called the Regular meeting of the City Council to order at 7:00pm. City Officials listed earlier were still in attendance. Reverend Eddie Adkins of All Saints Episcopal Church gave the Invocation and everyone recited the Pledge of Allegiance to the Flag. Mayor Buelterman announced that the City received a 2008 Preservation Award from The Georgia Trust for Historic Preservation for renovation work done on the Guard House at Fort Screven. The following department heads gave quarterly reports to council: Page 3 of 7 Bonnie Kline/Finance Chief Sasser/Fire Department Chief Price/Police Department Joe Wilson/DPW Woody Hemphill/Campground George Reese submitted a written report to council Hillary Brodofsky/YMCA-requested use of the cafeteria for aerobics classes. Visitors addressing council were: Beth Hodges-Tybee Neighbor’s survey results are posted Bill Cannon-Tybee Beautification-Beach Sweep Saturday, May 3rd- Native Plant Sale Saturday, May 10th. Bill Blakey- asked for the city to remove palm trees at the end of 17th Street because they are blocking his water view. Deb Barreiro-requested council re-consider their April 10th decision regarding the Dog Park. Tony Byrd- News Boy network requested council waive the $10 DVD fee. Former Mayor Pat Locklear- requested council allow dogs on the beach. Andy Carter-Dog Park Scott Center-requested council allow dogs on the beach. Bonnie Nesbitt-Thank you to all volunteers for Tour de Georgia event. Bill Peterson-expressed support for dogs on the beach. Dave Postle-expressed support for dogs on the beach *** (Reconsideration from 4/10 meeting): Zoning Variance for William Gustin for a new single family dwelling at 2001 Hwy 80 PIN 4-0024-02-002 in zone R-2. Mr. Hughes said the public hearing on this variance was conducted during the last meeting and the motion was made to reconsider it at tonight’s council meeting. Mayor Buelterman opened the business meeting. Mr. Smith moved to approve the petition as presented, Mr. Brown seconded. Mr. Wolff requested the city request an easement from Dr. Gustin for a bike trail. Mr. Smith refused to amend his motion. Mr. Brown said he has walked the property and there is plenty of room to put a bike trail in without taking Dr. Gustin’s property. The vote was Smith, Brown, Doyle, Brewer and Crone voting in favor and Wolff opposed. *** Mayor Buelterman opened the business meeting. Mr. Smith moved to approve the YMCA using the cafeteria for aerobics classes, Ms. Doyle seconded. The vote was unanimous. *** Mr. Brewer moved to replace the trees at the end of 17th Street with smaller, shorter trees that won’t block the view. The motion died for lack of a second. Mr. Brown said to leave it open and let Mr. Wilson Page 4 of 7 determine the cost of moving the trees and replacing them. He asked if the city was paying to relocate the trees or if the neighborhood was willing to pay. *** Mr. Wolff moved to extend the deadline on the Dog Park indefinitely until we can offer an alternate place of a suitable size, Ms. Doyle seconded. Mr. Wolff amended his motion to extend the deadline for 90 days from now and work with staff to try and find a good location, Ms. Doyle asked for the deadline to be 90 days from April 10th; Mr. Wolff agreed to amend his motion. Ms. Doyle said she would like to see the Dog Park become an extension of the campground. Mr. Brewer asked that once the Dog Park location is determined he would like for the Dog Park to be defined in regards to a city policy for the dog park. The vote was Wolff and Doyle in favor of the extension and Brewer, Crone, Brown and Smith opposed. *** Mr. Hughes told council if they reduce the DVD fee for Tony Byrd then they would have to charge everyone else the same amount. He said it couldn’t be an exclusive arrangement. Mr. Brewer asked if Mr. Byrd could run the Tybee Treasures video in exchange for the DVD charge. Mr. Hughes said council should request that Mr. Byrd come up with a written agreement for their approval. *** Mr. Wolff moved to approve the items listed earlier on the Consent Agenda, Ms. Doyle seconded and the vote was unanimous. *** Mr. Wolff moved to approve 100 parking passes at a reduced rate of $5 for the SCAD Sand Arts Festival, Mr. Smith seconded, and the vote was unanimous. *** Mr. Wolff moved to approve waiving the facility and DPW fees of $766 this time for the Tybee Fest Beach Bum Weekend on May 16 & 17, 2008, Ms. Doyle seconded. She asked that the council look at this during the next budget cycle to come up with a solution that will be feasible for everyone. The vote was unanimous. *** Mr. Wolff moved to approve the Special Event Permit for the Tybee Fest Beach Bum Weekend May 16 & 17, 2008, Mr. Brown seconded. The vote was unanimous. *** Page 5 of 7 Mayor Buelterman asked if the Harley Event had been approved and if vendors were included on the permit application. Ms. Schleicher said the details on the event permit are still being worked out. Mayor Buelterman asked Ms. Schleicher to find out how other towns deal with vendors wanting to sell things in their public parks. Mr. Brown moved to continue to 1st meeting in May, Mr. Brewer seconded, and the vote was unanimous. *** Mayor Buelterman called for a short break. Mr. Wolff explained that he has come up with a plan for dogs on the beach but he stressed it will not be a substitute for an off leash dog park. He explained that Dr. Frischer of the Skidaway Institute of Oceanography has offered to do weekly samples for a six month water quality study free of charge with the City only paying for the lab work estimated to be $10,000 or less. He said Dr. Frischer offered to defer the billing for lab work until the new fiscal budget is approved. Mr. Wolff’s proposal was submitted and becomes a part of the minutes. (Page 7) Mr. Wolff moved to ask Ms. Schleicher to work with appropriate department heads to iron out the details of how this proposal would be implemented and report back to council on the 2nd meeting in May with specifics as to how it would be administered, what department would be responsible, estimated cost of the collars, brochures, signage and enforcement; which areas we should open to dogs and why, so that we have a concrete proposal to act on during the 2nd meeting in May. Mr. Brown seconded for discussion. Mr. Brown said he thinks there should be one location used during the trial period with water testing included. He said his personal preference would be Inlet Ave. on the Back River to the Fishing Pier or the South End Sea Wall. Mr. Brewer said he has spoken with Veterinarians and they said it might be okay in a remote location but there is residue that goes into the sand and you can get ringworm and other kinds of health issues. He said he talked with a local Veterinarian and he was very adamant in saying it is a health issue. He asked that whatever study they have done to include a group of Veterinarians or the UGA Veterinarians Center and ask them to weigh in on this. He said he wants to make sure there is no health issue to people walking barefoot on the sand. Mr. Smith asked who would enforce these areas. He said he feels the Chatham County Health Department needs to be contacted because they close our beaches when we have contamination. He asked that the DNR be contacted to see if this is feasible from a shorebird nesting standpoint and a turtle nesting standpoint. Mr. Wolff said the areas he suggested were because of parking. He said enforcement would be done by animal control and beach patrol. Ms. Doyle said she feels they should get input from staff because she sees this as an enforcement nightmare. Page 6 of 7 Mr. Smith said we have the cleanest beach in the State and we are the only island that doesn’t allow dogs on the beach. He said there may a correlation there. Mr. Brewer asked if Mr. Wolff’s proposal included an option for visitors to the island. Mr. Wolff said a day pass would be $5 a day or $25 a week plus a $100 deposit that they would get back when they turned the collar in. Ms. Schleicher said she has applied for a grant to help us determine the point of pollution but she hasn’t received the response yet. Mr. Wolff withdrew his original motion, Mr. Brown withdrew his second. Mr. Wolff moved to approve Ms. Schleicher contacting the health department, DNR and at least three Veterinarians to get their opinions on any health issues that might be related to dogs on the beach under these conditions, Mr. Brown seconded. The vote was unanimous. *** Mr. Wolff moved to go into Executive Session to discuss litigation, personnel and real estate acquisition, Mr. Brown seconded and the vote was unanimous. *** Mr. Wolff moved to go back into Regular Session, Ms. Doyle seconded and the vote was unanimous. *** Mr. Wolff moved to adjourn, Mr. Crone seconded and the vote was unanimous. __________________________________ Mayor Jason Buelterman ___________________________________ Vivian O. Woods, Clerk of Council Page 7 of 7 PROPOSAL FOR DOGS ON THE BEACH  Owners must obtain a permit from the city for each dog. Fees could be $60-75 annually for the first dog, half as much for each additional dog for residents, and $5/day or $25/week with a $100 deposit for visitors. After shot records have been verified, a numbered, distinctively colored collar is issued. The color would change every year, just as parking stickers do (This keeps enforcement officers from having to check tags). When applying for a permit, the owner is given a pamphlet explaining the rules, reasons, and penalties of the program.  Dogs must be on leash (This is a safety issue for people, wildlife, and the dogs themselves.)  Owners must have poop bags at all times. The dog fees will cover the cost of the bags, brochures, and consistent enforcement.  From Memorial Day to Labor Day before 10 am and after 6pm (time and locations negotiable), dogs are allowed between Gullick and Second Street, Ninth and Thirteenth Streets, and within ________feet on either side of Inlet Avenue on the Back River. These are the least used sections of the beach, and have no nesting birds.  Off-Season, these areas will be open to dogs anytime. At no time will dogs be allowed in front of the North Beach parking lot or between Fourteenth and Eighteenth Streets, since these areas are the most heavily used by people for much of the year, or north of the North Beach parking lot due to shorebird populations. Limiting dogs to certain areas also helps to reduce the cost of enforcing the rules.  Anyone caught with a dog off-leash, not cleaning up after his or her pet, or allowing the dog to interfere with nesting birds or sea turtles will be fined $500. Two violations within a year will result in suspension of beach privileges for a year. The fine remains at $200 for unlicensed dogs on the beach, but additional fines may be added for the above violations. These penalties need to be stringent and consistently enforced in order for the program to work. Paul Wolff/4/24/08