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HomeMy Public PortalAbout20090423CCMeeting1 1 1 20090423 City Council Minutes Mayor Buelterman called the Consent Agenda meeting to order at 6:30pm on Thursday, April 23, 2009. Council members present were Mayor Pro Tem Wanda Doyle, Charlie Brewer, Barry Brown, Eddie Crone, Dick Smith and Paul Wolff. Also present were City Attorney Bubba Hughes and City Manager Diane Schleicher. Mayor Buelterman listed the following items on the Consent Agenda: • City Council Minutes for 04/09/09 • Alcohol License Application for Retail Beer /Wine sale by the drink for consumption on premises only. Tybee Island Historical Society -30 Meddin Drive - Cullen Chambers. • One Day Alcohol License Application for Special Event Beer /Wine - Gallery by the Sea -1207 A. Hwy 80 E -Gayle Bolton. • Renewal of Phillip & Jordan Debris Removal Contract. • Military Leaves of absence Policy. • Correspondence to Johnny lsakson to be included in minutes • Mayor to travel to Washington in June - pursuing funds for Phase II of Channel Impact Study. • Recognition of LNG for Byers Crossover. City Manager will purchase plaque. • Removal of poles at North Beach. Mayor Buelterman adjourned the Consent Agenda. Mayor Buelterman called the regular meeting of the City Council to order at 7:OOpm. Those present at the Consent Agenda were also in attendance for the regular meeting. Rev. Otto Immel gave the invocation and everyone recited the Pledge of Allegiance to the Flag. Citizens to be heard: Larry Nesbitt representing TIRPOA recognized Joey Burel and Carolyn Jurick for their work on organizing the spelling bee held at City Hall on April 2. He thanked Michael Bodine for helping with setup and microphones. He presented a scholarship check to Ms. Lanford for $6,255.01 to benefit St. Michael's School. Kathryn Williams announced Tybee Beautifications Beach Sweep on Saturday, May 2, 2009 at the Pier. Cindy Meyer announced the Tybee Wine Festival on May 9th from 2 -5 at the Lighthouse to benefit the Post Theater. Department Head Reports: Chief Sasser, Tybee Fire Department gave a brief summary and said they still maintain 38 volunteers with two part time Master Firefighters He said six "newbie" fire fighters have earned their MOD 1 Prepared05 /20/09dw Page 1 of 8 1 1 1 Certifications so they are eligible and able to legally go into a burning building. He said they had a total of 36 calls with 14 false alarms, 13 fire callouts and 9 rescue calls. Councilman Brown asked if Chief Sasser had considered calling in Ocean Rescue during Spring Break and busy weekends. Chief Sasser said while there are a lot of people on the beach there are not that many people in the water. Maybe some coverage on weekends or just for roving at the beginning would work. Newbie's will be out this weekend training. Discussion was held on sandbar problems. Chief said it was doable according to council or city managers request. Councilman Brewer asked what the cost would be daily to bring in lifeguards earlier. Are we rigid to scheduled starting date staff would be put on the beach? Are we watching weather and monitoring crowds? Sasser responded no real schedule but 2 weeks in April is training then initiate patrol first of May. Water temperature is also factor. Councilman Brewer commented if crowds are already on beach and we are not putting people there for monitoring we are making a mistake. Mayor stated we are formally approaching the county and asking them for more support like money to do things like that. Councilman Crone stated he believed putting people on the beach for monitoring is the city manager's responsibility. She should get with Chief and if it is necessary put them on the beach, council should not make that decision, she should. City manager asked Chief to share additions to website and signs on beach. Chief said visitors are not heeding signs. We are trying to educate public more on issues such as the sandbar. Councilman Brewer commented budget funds should be used for safety on beach and gave his support to Chief Sasser. Councilman Crone commented you cannot put price on somebody's life. Councilman Brown stated he has asked Tourism council to put together some educational materials to help Ocean Rescue and fire department. Mayor stated we have tripled the budget for Ocean Rescue since 2006. More skilled staff and better equipment has greatly improved department and safety. Councilman Brewer asked about daily or weekend cost for coverage per staff. Chief responded it is approximately $500. The Police Department's responsibility is patrolling the beach, his is the water. Councilman Brewer asked about response time for ambulances and requested records be brought back to council on the response times and calls to Tybee. Mayor asked council to direct questions to Mr. Hughes on the Planning Consultant Report as he is working most closely with her. Councilman Brewer asked about an invoice with calls for $167. He expressed concern with calls from citizens going directly to Ms. Allen instead of to Ms. Otto first. His understanding of the contract was not to have people call directly to Ms. Alien. This amount of money could have covered safety on the beach for % day. Dollar values should be put on what is being done. He asked for an explanation on what controls are in place to monitor expenditures. Mayor Buelterman asked for confirmation on what has been spent? City Manager confirmed $2,400. Mayor then said it is below the maximum amount approved, up to $4,000. Mr. Hughes stated contract did state contacts were to come from designated people within city hall. Councilman Brewer asked if a person filing for an ordinance request wants to discuss it, do they call Mrs. Allen directly and does she charge the city. Councilman Brown asked about charges for Tybee Trees and why this is consultant work and not city staff work and also why staff reports, 6 to date, are being done by the consultant. City Manager responded Mrs. Allen is suppose to work directly with Diane Otto to assist and help on staff reports for the first four months, she was directed to do this. Mrs. Schleicher responded that there are staff reports for planning and issues for Zoning, Ms. Allen is doing planning and Ms. Otto is doing Zoning. Prepared05 /20/09dw Page 2 of 8 1 1 1 Also, Ms. Allen is supposed to help Zoning for the first four months thru nuts and bolts. She is not doing anything that is not in her contract. Mr. Hughes stated she may be taking calls in the best interest of the city to calm a situation. Councilman Brewer said people who are citizens and need to do business with the city need to discuss it with city employees and not a consultant. Joe Wilson presented the Public Works Report: He complimented crew for a lot of work done in- house. We built the Byers St. Crossover, improved the MCS & 16th St Crossovers, and re- floored the Back River fishing pier. After insurance inspections were done we installed handrails on Jaycee Park bleachers, repainted & repaired public bathrooms, designated bike paths and inventoried bike racks on island. We are now looking for vendors to haul DPW equipment off island in case of evacuation. Flatbeds would take and store at airport. We are working with Coastal Georgia RC &D Council who writes & administers the 2009 GA Urban & Community Forestry Grant. They will provide the $5,000 grant funds if we provide $15,000 matching in -kind. They will provide a certified arborist that will inventory all of the trees on the island; what trees we have, the condition and the value of them as they are part of the infrastructure system. We can use this for budgeting, trimming & pruning and put it in the GIS system so in the event of a hurricane and all the trees are blown off the island, FEMA will reimburse us for them. More Mobi- mats will be placed on the 16th St crossovers. We are working with Councilman Wolff on a glass recycler. Participating in the county's recycling effort we would take in about 20% of the tonnage which would probably pay for the recycler in the first year. Councilman Wolff asked if staff has instructions to notify him of leaky faucets etc. Mr. Wilson said yes. In the summer he puts two people on bathrooms at all times. Councilman Brown asked if ashtrays w /trashcans have been removed. Mr. Wilson explained where the butt receptacles are. Councilman Brown asked about the mesh screening. Wilson replied he does not have it in the budget as it would cost about $8000 for Water /Sewer and DPW facilities. Councilman Brown asked if it would be worked into next year's budget and Mr. Wilson replied he has not worked on capitals yet just personnel and operations expenses. Councilman Brewer commented DPW is doing a fine job. Brewer asked, what are the hours the dump is opened to receive yard debris. Wilson stated hours are Monday thru Friday, 7:30 -3:30; Sat & Sun 12: -2:00. Councilman Brewer talked about a recycling article he read that said payback on glass is worse on recycling efforts as it can only be ground up for sand. He is not sure if this should be a high priority and asked what would we use it for? Mr. Wilson replied for bedding pipes and on gravel roads. The machine cost is about $18,000. Mayor stated Mr. Wilson and the city manager will bring back cost benefits when this comes up for a vote to purchase. Councilman Wolff did state the con to glass recycling benefit is usually due to the hauling cost. But in our case we would be using it here on the island and that is why it would be a better cost effective move. The Mayor commented in the 10 years he has been on the island it has not looked cleaner or better and a lot of credit goes to Mr. Wilson and his staff. Wilson thanked Tybee Beautification and others that he sees picking up trash. It takes everyone working together and he appreciates it. Woody Hemphill presented the campgrounds quarterly report. He worked with GA Tech on an economic development study to determine the trends and occupancy market for future marketing options. We had our annual park inspection by Trailer Life and received an 8.98 rating, same as last Prepared05 /20/09dw Page 3 of 8 1 1 1 year. This is very good for a park our size and amenity level. We are working on our marketing plan and the budget, developed a new rack card for GA Welcome Centers & Chambers of Commerce, staff goals & professional developing. We are also working with the Virginia Graham Baker Law, new federal mandate on pool vent covers, and installed them to bring pool in compliance. The pool was inspected and received the certified pool operator's license thru Chatham County and received a clean bill of health. Mr. Smith asked how our rates compared with other campgrounds in the county. Hemphill replied we are more or less the market leader due to us being a "destination park". Our rates are going to be a little higher than state parks. You also have to take the amenities into consideration. Smith asked how we compare to Bryan & Effingham. He was not sure but stated our rates are a little lower than Hilton Head's. The overnight stays are consistent with them but the monthly rates are lower. Woody is looking into rate adjustments for next year. Smith commented Hemphill is doing a great job. George Reeves asked if council had any questions for Water /Sewer. Mayor asked how the Grit Separator was doing. He stated the contractor pulled out for now as the equipment will not be in until June. The odor control units will be in the end of the month. There is a problem with the control panels. As soon as they come in they are going to do #6 Lift Station before the plant. Mayor asked when Ft. Screven is going to be done. It is ongoing. There are historical issues. Finding lines & valves are problems. Smith commented on problems of where lines are and where they are going, and thanked John Dowell & rest of staff for working hard and doing a good job. The Mayor agreed. Hillary Brodofsky presented YMCA report. She presented bicycle helmets to council. She announced Anniversary of YMCA celebrations. It officially opened the door on April, 1999 and is turning 10 this year. August of 1999 is when we were recognized as an official branch of the National YMCA. She showed the anniversary poster to be used to publicize celebrations. We have pictures in the archives going back to 1976 when the recreation was alive and well and we are celebrating that as well. She invited everyone to come out and participate and take a look at the wall of fame displayed. Events that day will start with the Bike Parade following the beach sweep at the pier. Free helmets are being handed out to support "no child unsafe" this summer. Give away will continue at the Y until supply gone. She announced different celebrations all day and other non - profits coming out to participate. It is going to be a great family day. To recap other activities, senior citizens had several field trips to several locations. Spring sports have started. Scholarship fund raised $23,500 this year which goes directly to kids or families from Tybee. Last year we gave out over $ 57,000 in scholarships for baseball, memberships, etc to families from Tybee that needed help to participate. We also purchased the helmets we are giving away. She also announced summer camps going to be available this summer. Teen club activities are now available. Reminded everyone you do not have to be a "Y" member to participate in teen activities. Last month we registered our 800th member at the "Y ". This is a record. In 2007 when she first came we were right at 650. In spite of the economy our membership is still going strong. In the first quarter our fitness center visits totaled over 5000, our gym visits over 2000. Exercise classes had over 3000 participants and we have 803 members to date. Councilman Wolff complimented her on the bike helmet give away. This is a great public service. He stated staff is doing Prepared05 /20/09dw Page 4 of 8 1 1 1 a good job. Councilman Brewer asked cost of the helmets. She responded about $3 -$4 each, for about $1200 total. He stated good job. Chief Price asked if any questions. We have full staff now. City Marshall now with the department is working out fine. No problems with recent parade. Brewer complimented Chief on cooperation and good attitude in committee meetings and work on the street. Councilman Brown asked about traffic numbers. Chief stated they were up from last year but not as high as year before. Mayor thanked Chief for good job. Diane Otto presented a power point presentation. Brewer stated when we reshaped the department and began using the county for inspections there were concerns. How is this going? She responded very well now. Permitting has increased so it is keeping everyone very busy. Brewer asked if any measurements have been taken to give feedback on how service is in the department. City manager replied we are looking into a service or outside firm to do this. Discussion was held on customer satisfaction surveys. Ms. Otto pointed out one staff person has been spending a lot of time on grants. Discussion was held on derelict structures and volunteer opportunities. Better hometown board is now active and we will have bylaws, etc soon. Three Text Amendments have been sent to council. Planning Commission considered eight petitions in the three months. Engineer review fees were awash in revenues. Building permit revenue for first three months was just over $34,000. Business license revenue in first quarter usually shows the years bulk. This quarter showed just over $41,000. Brown asked how grant writing is coming. NOAA grant for derelict structure submitted. Bicycle Friendly is in a pre - application process. Things the city is doing will be documented and be included when written. Leadership grant is coming soon. Bonnie Kline gave report on General Administration. She gave presentation on last three years. She highlighted hotel /motel tax revenues for last three years. Parking has raised amounts this year. It has made a big difference. Easter weekend was in different quarters last year and this year making a difference in parking revenues. Local option sales taxes also showed differences. Brewer asked if tracking available to tie revenue benefits to activities or events being held on the island. Discussion was held on point of sales tax revenue distribution thru county. Brown asked about new law. Ms. Kline will look in to it. Councilman Smith asked how hotel /motel tax is distributed. Ms. Kline explained 6% for the first 30 days remitted to us. 50% stays with Tybee and the other % goes to trade center & chamber of commerce and they do the distribution for the tourism council, etc. Discussion was held about sales tax distribution. Smith also asked about helping Woody reverse trend that is showing loss of revenue on campground. We are losing $650,000, this year total, including debt service. Mayor agreed and stated we let Ms. Kline, or a third party, analyze and make possible suggestions. Wolff stated loss so far is based on investment of cabins. He also discussed refinancing with GEFA at lower interest rate. Councilman Wolff said this is a 20 year note we are only three years in to. Investment now will produce cash flow in the future. We need to be patient. Brewer asked, after review with Ms. Cape in Atlanta what was the outcome with that? Would shutting down for a few months at low time, make us lose more? Ms. Kline would have to look in to it. Discussion was held on what losses would be and what we have paid out so far. Mayor Pro Tem Doyle stated we have to remember we do not have the last Prepared05 /20/09dw Page 5 of 8 1 1 quarter revenue in this fiscal year yet and that is our busiest season. We do need to look at the figures but not panic until we get this last quarter. Discussion was held on prepayment penalties and bonds. Brown asked when taxpayers would start being paid back. Councilman Brewer asked if Ms. Cape could be asked to review campground finances and give us recommendations. Mayor stated this will be put on the workshop agenda coming up. Mayor Buelterman presented the YMCA with a Proclamation, proclaiming May 2 "d, 2009 as YMCA Day on Tybee. Consent Agenda: • Consideration of Consent Agenda Items. A MOTION by Councilman Wolff to approve the Consent Agenda was seconded by Councilman Brown. The vote was unanimous. Consideration of Ordinances, Resolutions: • Consideration for 2nd Reading of Text Amendment (Section 5 -110) to amend Section 3 -100 Beach, Dune or Vegetation Disturbance. (1st Reading 4/09/09) A MOTION by Councilman Wolff to approve was seconded by Councilman Brown. The vote was Wolff, Brown, Brewer, Doyle and Smith in favor and Crone opposed. Consideration Local Requests & Applications - Funding, Special Events, Alcohol License: • Special Event Application for August 29 -30, Soccer in the Sand - Beach -South 12th to 14th Street from 8:00 am to 6:00 pm, applicant Chris Lemay. Mayor stated we have plenty of beach for this now. Mayor recommended we approve. Councilman Brown stated he had a problem with Chief Price not recommending approval and also closing off any part of the beach. A MOTION by Councilman Brewer to approve was seconded by Councilman Smith. The vote tied with Brewer, Smith and Wolff in favor and Brown, Crone and Doyle opposed. Mayor Buelterman broke the tie in favor of the motion to approve. • Special Event Application for May 17, 2009, SCAD Beach Soccer Tournament. Mayor explained this is going to be in the Back River area which is less used. Brown had same comment as with previous event. A MOTION by Councilman Wolff to approve was seconded by Councilman Brewer. The vote tied with Wolff, Brewer and Smith in favor and Brown, Crone and Doyle opposed. Mayor Buelterman broke the tie in favor of the motion to approve. Prepared05 /20/09dw Page 6 of 8 1 1 1 City Manager's Report-Diane Schleicher • Certification and Degree Employee Service Agreement NO ACTION- City Manager will come back with revisions for council's consideration. This is coming from a request from the department heads. Wolff commented this is a good idea as it should help with retention giving the city a better stake in the employees training and the employee's greater responsibility in paying the city for that training. City Manager stated the police department already has something like this and it is just giving the other departments the opportunity. This will stop employees getting training with us and then going to other cities. Brown asked Mr. Hughes if this is hourly or salary employees. City Manager answered all employees. Mr. Brown asked how the labor laws affect it. Mr. Hughes answered it was sent to GMA Employment lawyers to pass and recommend, this is after their revisions. Mr. Brewer commented good companies offer these kinds of training benefits to retain and have better qualified happier employees. His concern was in implementing this type of policy we turn something positive into something negative. Mr. Crone commented if the city pays for an employee to go to school for special training and two months later quits they should reimburse the city. Council, Officials and City Attorney Considerations & Comments: • Portable Restrooms -Cost and Possible Locations The mayor asked what the infrastructure committee suggested. Councilman Wolff showed what facilities the committee is recommending to council. As well as suggesting that 1.3 gal. low flow toilets are used in the restrooms. It is recommended to purchase 2 units. Maximum cost to be $100,000 including set up. One would be where the old one was and the second one at the north end of the 14th street parking lot. Mayor stated his concern at not giving people opportunity to express concerns at where we are locating them. Brown & Doyle pointed out the season is here. We understand people are not going to agree but we have to do this. Wolff agreed we wish we had more time, but this is the best location selected very carefully for the least impact. Brown stated discussion has been made with city manager for landscaping, coloring, etc to help with the visual impact. A MOTION by Councilman Crone to approve purchasing 2 -5 seat units to be put at 14th Street and at the end of 17thStreet was seconded by Councilman Wolff. The vote was unanimous. • Reconsideration for 1st Reading of Text Amendment (Section 5 -110) South End Business Overlay District to omit the words "sidewalk vending machines are not permissible ". A MOTION by Councilman Brown to reconsider the amendment was seconded by Councilman Brewer. The vote was Brown, Brewer, Smith and Wolff in favor and Crone and Doyle opposed. Prepared05 /20/09dw Page 7 of 8 1 1 1 Mr. Hughes explained the amendment is to remove prohibition of vending machines. Brown asked if there were only certain locations that met the requirements. Mr. Hughes replied yes. Certain restrictions are lot sizes, setbacks, etc. Councilman Wolff explained it is limited to businesses that have 90 feet of frontage and can only have one machine. So the most you can have is two machines within 180 feet. Sidewalk has to be at least 10' wide. Councilman Smith asked if one owner owns several buildings and has different businesses in each yet they are continuous, does this count as the 90 feet. Mr. Hughes after reviewing stated he thinks not. A MOTION by Councilman Brown to approve for 1n Reading the Text Amendment omitting the words "sidewalk vending machines are not permissible" was seconded by Councilman Wolff. The vote was Brown, Wolff, Brewer and Smith in favor and Crone and Doyle opposed. Executive Session: A MOTION by Councilman Wolff to go into Executive Session to discuss Litigation was seconded by Councilman Smith. The vote was unanimous. A MOTION by Councilman Wolff to end Executive Session was seconded by Councilman Smith. The vote was unanimous. Adjournment: A MOTION by Councilman Wolff to adjourn was seconded by Councilman Smith. The vote was unanimous. Mayor Jason Buelterman Vivian 0. Woods, Clerk of Council Prepared05 /20/09dw Page 8 of 8 05 ORDINANCE NO. 04-2009 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES SECTION 3 -100 OF THE LAND DEVELOPMENT CODE DEALING WITH BEACH DUNE OR VEGETATION DISTURBANCE FOR THE CITY OF TYBEE ISLAND, GEORGIA WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under it police, zoning, and home rule powers, and NOW, THEREFORE, be it ordained by the Mayor and Council for the City of Tybee Island duly assembled in open session that Code of Ordinances for the City of Tybee Island be amended and is hereby amended so that Section 3 -100 shall hereinafter read as follows: Sec. 3 -100. Beach, dunes, or vegetation disturbance. It shall be unlawful for any person in any manner to damage, destroy, remove or alter in any way the beach, dunes or vegetation thereon in an area within the jurisdiction of the Department of Natural Resources under the Shore Protection Act (O.C.G.A. §12 -5 -230, et seq.) without first having obtained the proper federal, state, and local permits. Within any area within the jurisdiction of the Department of Natural Resources under the Shore Protection Act (O.C.G.A. §12-5-230, et seq.), there shall be a ten (10) foot setback measured from the landward toe of the landward -most dune as delineated by the Georgia Department of Natural Resources. This Ordinance shall become effective on 23rd day of April , 2009. ADOPTED THIS 23`d DAY OF APRIL, 2009. Alfi'EST :,, CLERK OF COUNCIL FIRST READING: 4/09/09 SECOND READING: 4/23/09 ENACTED: 4/23/09 G SMINNYHEE/0 INANCES2009 /04 -2009 Shore Protection Act Amendment 04.23.09m 1 1 1 STATE OF GEORGIA COUNTY OF CHATHAM ) AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths, 3 e L M4rneon , who after being duly sworn, deposes, and on oath states the following: (1) I was the presiding officer of a meeting of the Tybee Island City Council held on the day of ,2009. (2) That it is my understanding that O.C.G.A. §50- 14 -4(b) provides as follows: When any meeting of an agency is closed to the public pursuant to subsection (a) of this Code section, the chairperson or other person presiding over such meeting shall execute and file with the official minutes of the meeting a notarized affidavit stating under oath that the subject matter of the meeting or the closed portion thereof was devoted to matters within the exceptions provided by law and identifying the specific relevant exception. (3) The subject matter of the closed meeting or closed portion of the meeting held on the _a?)I of H-eA:J, 2009, which was closed for the purpose(s) of L 1 C t. "T or\ as allowed by §O.C.G.A., Title 50, Chapter 14, was devoted to matters within those exceptions and as provided by law. (4) Any unrelated matters which were mentioned or attempted to be offered for discussion during the closed portion of the meeting were ruled out of order and not discussed. 5) This affidavit is being executed for the purpose of complying with the mandate of O.C.G.A. §50- 14 -4(b) that such an affidavit be executed. day of �- /1.Le , 2009. M. or/Presiding Officer AncotA,Li Sworn to and subscriked before Me this c9 day of U ,� , 2009 1 MAYOR Jason Buelterman CITY COUNCIL Wanda Doyle, Mayor Pro Tem Churl i e R. Brewer Barry Brown Eddie Crone Dick Smith Paul Wol11: April 14, 2009 Michael Quiello Office of Senator Johnny Isakson 120 Russell Senate Office Building Washington, DC 20510 CITY MANAGER Diane Schleicher CITY OF TYBEE ISLAND CLERK OF COUNCIL Vivian Woods CITY ATTORNEY Edward M. Ifuglies Dear Mr. Quiello, It was great to see you on Tybee today. Per our discussion, I have enclosed the correspondence I sent to Colonel Kertis along with his response. IPlease let me know if I you have any questions. Thanks for your help and your ongoing support of our Island community. Sincerely, 1 �JwiLf�.,v, ason Buelterman Mayor City of Tybee Island CC: Jared Downs P.O. Box 2749 — 403 Butler Avenue, Tybee Island, Georgia 31328 -2749 (866) 786 -4573 — FAX (866) 786 -5737 www.cityoftybee.org 1 MAYOR Jason Buelterman CITY COUNCIL Wanda Doyle, Mayor Pro Tem Charlie R. Brewer Barry Brown Eddie Crone Dick Smith Paul Wolf March 3, 2009 Colonel Edward J. Kertis, Jr. US Army Corps of Engineers Savannah District Commander 100 W. Oglethorpe Avenue P.O. Box 889 Savannah, Georgia 31402 -0889 Dear Colonel Kertis, CITY MANAGER Diane Schleicher CITY CLERK Vivian Woods CITY OF TYBEE ISLAND CITY ATTORNEY Edward M. Hughes Thanks once again for your support in completing our renourishment project. would like to follow up with you on two beach- related issues that we are working on addressing. The first issue involves City of Tybee Island's ongoing efforts to remove derelict structures from the recently renourished beach. These structures represent a significant public safety hazard. They are especially dangerous given the fact that it is extremely difficult to identify the exact area and time that they become exposed. This was the case from approximately 2006 until the renourishment when portions would become exposed at various locations between Gullick Street and 2nd Street. Additionally, the materials often were incapable of detection to the naked eye due to their location under water at even low tide. Many swimmers sustained injuries on these structures. We are placing a high priority on removing these structures because of the very significant threat they pose to the safety of those who use the beach for recreational purposes. Your staff recently responded to our request for Army Corps (COE) files related to this issue. Based on our evaluation of these documents along with the City's files, we have come to the following conclusions: 1 -At no time did the City of Tybee request that the COE cease removal of the structures as has been alleged. A 2003 COE Project Survey Sheet determined that the City requested in 1985 that the structures be left in place for the purposes of erosion control. Our careful and thorough research of the City's records indicates that the City did not make such a request. 1 c-The structures were installed by the United States government as part of Fort Screven, thereby making moval eligible for funds from the Environmental Restoration Defense Account (ERDA) program. The COE cepted responsibility for removal of these structures at one time but for unknown reasons did not complete the ork. �'�Fa(fc4 .GXt�G� eC 3/005 /i, t is the City's position that the COE should complete the work to ensure the safety of those who use the beach or recreational purposes. e second issue relates to the base line for future renourishment projects. Currently, the COE uses the sea wall as its base line. This policy serves as a disincentive for the City to build a dune field between the baseline and the limits of the project. As the beach erodes, the City's efforts to build dunes leads to a situation in which the area remaining for recreation is significantly diminished. Therefore, the COE policy of using a stationary baseline runs counter to the run p ary rationale for renourishment projects: protection from storm surge associated with tropical and non - tropical weather systems. lithe baseline were allowed to move seaward, the City would be capable of building dunes to enhance the protection these dunes provide for the entire Island. As it stands now, we are compelled to limit our dune - building efforts due to the desire to leave a portion of the beach available for recreation. My conversation with General Schroedel on his recent visit to Tybee indicated that changing the current sea wall baseline would be possible. Such a change would ultimately decrease the need for Federal Emergency and Management Agency funds in the wake of a significant storm event. Any assistance you could provide on bringing closure to these items would be greatly appreciated. Thanks again for all of your hard work on behalf of our community. Sincerely, lisp __,',------7 .,,,9=e-A---47---------- on Buelterman CC: The Honorable Jack Kingston The Honorable Saxby Chambliss The Honorable Johnny Isakson The Honorable Burke Day 1 1 1 Executive Office Honorable Jason Buelterman Mayor, City of Tybee Island Post Office Box 2749 Tybee Island, Georgia 31328 Dear Mayor Buelterman: DEPARTMENT OF THE ARMY SAVANNAH DISTRICT, CORPS OF ENGINEERS 100 W. OGLETHORPE AVENUE SAVANNAH, GEORGIA 31401 -3640 :P X09 This letter is to inform you that the Savannah District, US Army Corps of Engineers (Corps) has reviewed your March 3, 2009, request for additional Corps assistance in removal of the derelict structures on Tybee Island. As previously stated in our June 8, 2007, letter there have been a series of policy implementations and changes in the DERP -FUDS program since 1986. We have again reviewed the project files and current guidance and have determined, with the concurrence of our headquarters office, that additional work at old Fort Screven is not eligible under the program. Therefore, Tybee Island should seek an alternate source of funding to complete any additional removal operations of the remaining seawall and steel groin field. If Tybee Island would like a meeting with the Corps to discuss the specifics concerning the city's ineligibility under the DERP -FUDS program, then please contact Ms. Juana Torres - Perez, Acting Chief of Environmental, Interagency and International Services, and Center of Standardization Management Branch at 912 - 652 -5792. Another alternative previously thought to be available to Tybee Island was the Aquatic Ecosystem Restoration Section 206, under the Water Resource Development Act of 1996. Upon further review the Corps has now determined this authority not to be appropriate for removal of the remaining derelict structures at Tybee Island. We have also reviewed your request to move the base line for future renourishment projects from its current location at the sea wall. An appropriate time for this to be evaluated would be during preparation of the Limited Re- evaluation Report (LRR) in support of the next beach renourishment. Please be aware that adding this additional evaluation to the scope of work associated with preparation of the LRR will add time and money to the overall approval process. 1 -2- If you have any questions or would like to set up a meeting to discuss further, please contact me at 912 - 652 -5226. Sincerely, Edward J. Kertis Colonel, US Army Commanding 4