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@ @ITEM 2003 -04 -10 City Council Minutes
Mayor Walter W. Parker called the April 10, 2003 Council meeting to order at 7
P.M. The following members of Council were present: James Burke, Jack Youmans,
Whitley Reynolds, Walter Crawford, Jason Buelterman and Richard Barrow. City
Attorney Edward Hughes and City Manager Bob Thomson were present. Council
member Barrow gave the invocation. The Pledge of Allegiance was recited.
Jack Boylston addressed the parking issues that Council requested form the prior
meeting for the Seafood Festival for June 6 and 7 at the North Beach parking lot area.
Boylston asked Council to consider the dates being changed to August 1St and 2 "d as that
is the start of the down season. Burke asked about North Beach Grill. Boylston replied
that George Jackson wants to be a part and would welcome other businesses. Parking
area around the Legion was discussed and Boylston said Gene Kendrick was supposed to
handle the permission to park on Hendrix's property. Parker said that Hendrix's has
never allowed before. Boylston said that the City has no plan for Orange (Savannah)
Crush or Fourth of July fireworks. Youmans asked how many people are expected to
come? Boylston answered about 1,500 each evening and around 3,000 on Saturday
afternoon. Buelterman asked why is June 6th and 7th different from August 1St and 2 "d?
Boylston said that the 6th and 7th is the first weekend after school is out for the summer
and after July 4th the island starts slowing down. Reynolds said Council need to consider
the people who live in the area and maybe just have one night.
Jeff Cramer addressed Council on the stop work order that was issued by the City
for his construction on a home at 1406 Second Avenue. The reason for the stop work
order is that the house is to beyond the 35 foot height limit. Cramer said plans were
approved by staff and this has been going on for about a month — adjusted grade is 31.4
above finished floor — by not having the roof on it is causing damage to house. Cramer
said that when vegetation was taken away that they brought in fill dirt — what staff is
looking at is on the sides of the construction. Cramer said he turned in a boundary survey
and would like some kind of resolve from Council. Youmans said what did the survey
say? Bert Barrett, a surveyor and also the elected County Surveyor, certified at 34.8 feet
high. Parker said this includes the roof? Cramer said yes. Barrett explained how he
measured the elevation — 4 corner — take average and then the height and came up with
34.8 feet. Barrett named places on Tybee that are not average natural adjacent grade —
Eagles Nest, Fort Screven, Bay Street and Captain Row to name a few. Barrett said he
worked with a committee years ago on this issue and the recommendation was average
adjacent grade from the committee. Parker asked what is logically. Barrett said to bring
in 1 to 2 feet of fill dirt depending the location. Barrett said the aged that the City uses is
off 1 foot or the other. Parker asked Barrett in his expert opinion this meets with the
Tybee Island codes. Barrett said since he has seen the pictures it does not meet with
code. Parker said according to the LDC you cannot impact the neighbor's yards. Barrett
said Cramer put up a retaining wall.
Dick Smith, Chair of the Planning Commission, said that Council had asked them
to again revisit the stairs in the setback issue. Planning Commission voted unanimously
to leave as it is now. Smith said he has been on the Planning Commission for 5 years and
cannot remember a variance coming before them for stairs in the setback; it is always
after the fact — asking forgiveness instead of permission.
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Rusty Fleetwood spoke of the 1978 plan for the north beach parking area stating
that it listed only 208 parking spaces. Fleetwood said the residents are concerned about
the bus traffic, noise and pollution. A draft plan was turned in to the City Manager and it
does include a proposed stage area. Fleetwood said the August dates are a step in the
right direction.
Barrett said he would like to clarify the question asked by the Mayor if building
meets code — can not insure because he does not know the elevation before.
Henry Levy told Council that they should consider disallowing anything in the
setbacks, not just stairs. Air condition units, storage buildings and carport to the property
lines.
Bernie Goode, representing the Tybee Island Beautification Committee, told
Council that they are undertaking the project of the old cemetery in Memorial Park and
will be placing a notice in the Tybee News in order to see if anyone has any information
on who is buried there. Barrett told Goode that he could put him in contact with a
relative of someone who is buried there.
Lawanna Tsoulos told Council that 200 care packages were sent out today for the
soldiers and she expressed how much she and Dee appreciate the City.
Mayor Parker opened the meting for business legally presented to Council.
Burke moved to approve the August 1st and 2°d as dates for the Seafood
Festival submitted by Jack Boylston. Crawford seconded. Boylston told Council that
the City Manager set up a meeting and that 2 of the department heads did not attend.
Reynolds said more study is needed on the parking and the noise, maybe a demo on the
system that is going to be used. Boylston said he would set it up. Youmans said he gets
less calls from citizens than anybody and he has had 7 calls from residents in the area.
Youmans told Council to remember that the City refused the blacks that wanted to use
north beach because of the volume of people — we need to worry about court. Voting in
favor for the August 1st and 2nd dates were Burke, Crawford, Buelterman and
Barrow. Opposed were Youmans and Reynolds. Reynolds presented an amendment to
the motion for a site demo on sound system and a definite parking plan. Burke
accepted. Hughes questioned if the City owned the location for the event. Boylston said
they must meet all ordinances. Vote by Council was unanimous. Boylston said by June
for the demo.
Parker asked Anderson if he had anything to say about the Cramer project.
Anderson told Council that they had met for about 2 hours on this issue and that fill dirt
was brought in and it is now 2 V2 feet higher than the neighbors. Hughes said a survey
came with the building permit application and the survey did not show the average grade
elevation but it passed though anyway. Started construction, process looked like it
would be over the 35 foot limit — nobody knows average adjacent natural grade elevation
— ordinance was amended to include natural grade — added dirt then elevation was done
with the best information available — according to Downer Davis adjoining property 8.8
feet now with dirt 9.3 feet — 7 inch difference — can not ignore but the City will work with
him. Parker said with the confusion it would be reasonable to allow with adequate
drainage. Hughes told Council the variance process is needed — city ran into this with a
commercial property — understand that it has been raining - the City allowed work that
would not involve the height issue. Youmans stated that nobody would ever know that
this house is to high and would be wrong to make him go for a variance. Youmans said
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that Council required elevations after trouble with motel. Reynolds said he has done
work on this site, provide elevation, trees and benchmark, this would eliminate the entire
problem everyone knows now. Crawford said this is the horse out of the barn and no one
knows where it is, appreciates the City Attorney's opinion, but so far Barrett has
produced the only certified elevation at 34.8 is above average adjacent grade — there are
gray areas in definition and a number of locations are not natural elevations — information
is not in ordinance form that we can deal with — need to clarify this. Crawford said a
topographical survey is to be included with the 1st application for building — this has not
been required before — not enforced — project to far gone for the City not to allow him to
continue. Crawford said City's best evidence is using the aged tax map with a plus or
minus of 1 foot, we are only talking about 7 inches — margin of error is moot point —
judge would throw it out. Barrow asked Barrett if he still certifies the based adjacent
grade. Bernie Goode said to contact the contractor who delivered the fill dirt and have
him certify how much he brought to that lot. Buelterman said a variance is needed
according to the City Attorney. Hughes said this would be a safety cushion for all
concerned. Crawford said he disagrees, with the evidence presented a variance is not
required and Mr. Cramer was forced to apply for one under threat of stop work order.
Youmans asked why the stop work order if we don't know if it is too high? Parker said
we are at a point where we don't know, but can the City be assured that it is 34.8 feet.
Hughes answered at current grade yes, not prior to construction. Staff determined
structure would be over 35 feet when finished. Anderson said there is clearly a bunch of
fill dirt. Crawford moved to direct the City Manager to cease any stop work order in
reference to the height of structure and allow Cramer to proceed, with the City
refunding the variance request fee. Youmans seconded. Buelterman said Council is
not setting precedence because of taking action to prevent in future. Vote by Council was
5 in favor (Burke, Youmans, Crawford, Buelterman and Barrow); 1 abstained
(Reynolds). Crawford moved that no additional building permits be issued without
topo survey, ground zero to be included with initial application. Burke seconded.
Reynolds said this would eliminate the last 40 minutes of discussion. Barrow asked the
cost of the additional survey. Reynolds answered about $500.00. Vote by Council was
unanimous. Crawford moved that anything in the discussion just held that needs an
ordinance change — have the staff study — fiWremoved. Hughes said if procedures are
followed, this just fell through the crack — would like to put topographical survey in
ordinance form. Crawford added to have Smith and Planning Commission to study
the sections, make recommendations with input from City Attorney and Council
member Reynolds. Barrow seconded. Vote by Council was unanimous.
Burke moved to accept the minutes as presented. Crawford seconded. Reynolds
questioned the discussion on the pier pavilion. Crawford said Council moved for the
letter to be written by the Mayor and sent to the Chatham County Commissioners about
turning the ownership over to the City of Tybee. Reynolds said that the Commission
cannot force the pier on Tybee. Parker said that there has been a change of heart and they
want to keep the pier now. Vote on the minutes was unanimous.
Bring the names to the April 24th meeting for the Greenway Lateral Park
Committee.
Reynolds moved to adopt Section 9 -3 -35 Lifeguards; Required;
Qualifications; Duties on its first reading. Crawford seconded. Vote by Council was
unanimous.
Parker turned over the request to provide a staff member for 3 to 4 hours a
week to work on the Youth Council.
Buelterman asked that the water sewer committee meeting be set. April 30th at
5:30 P.M. This is directly after the GMA listening session held from 3:30 P.M. until
5:30 P.M. Burke said this workshop should be for all members of Council.
Buelterman said that would be great. Thomson asked that SPLOST, use of monies, and
the budget be added agenda items.
Buelterman updated Council on the Boating Concerned Citizens Committee. We
are now waiting to hear back from DNR. Thomson will get in touch with Capt. Bill
Walsh to see if he can look at debris at Alley 3 boat ramp. Reynolds brought up the
issue of jets skis — a lot of areas have banned them. Burke said they cause a pollution
problem — gas and oil, plus the noise. Parker asked Thomson to check with DNR for
their thoughts.
Crawford moved to adopt the Resolution for support on House BM 1021
concerning renourishment. Barrow seconded. Vote by Council was unanimous.
Crawford said the new phone system at the police station is just not working; it is
inappropriate for the police department and a public safety hazard. Thomson told
Council that the problem was resolved today.
Crawford motioned to direct the City Manager to have the contractor for the
Park of Seven Flags to pave the portion of Butler immediately in order to allow 2 -way
traffic again. Youmans seconded. Vote by Council was unanimous.
Burke asked Thomson to address the following issues. 1. Traffic problem already
here — what about having someone to direct the traffic. 2. Clear cut lot on Lighthouse
Lane — fine? Anderson answered yes, $3,200. plus replant 8 oak trees at $300.00 each, 1
palm tree, sod and landscape — all this must be inspected by the zoning department.
Questioned the ditch that was filled in — needed for drainage in that area. Downer Davis
to review the drainage plan and report back to Thomson who will pass on the information
to the Drainage Task Force. 3. Shell/rock road off Highway 80 South Polk will be
complete by next Wednesday per Thomson. 4. Signs — Thomson said he misunderstood
mobile not fixed. Youmans said City has an ordinance against mobile signs. Hughes
answered the City is exempt.
Hughes said that Gay is proceeding with the contract with Waste Management for
collection of residential garbage. Crawford moved to allow Gay to proceed with
contract and to include the Waste at DPW and the Sewer Plant. Reynolds seconded.
Vote by Council was unanimous.
Burke asked about the dumpster at Huck- A- Poo's. Anderson said 32 notices
were mailed out for dumpster violations. Four will be subpoenaed to court. Youmans
said the City has done this before and to have the junior city marshal keep an eye out.
Burke asked about the trash containers on Tybrisa.
Crawford moved to accept the proposal from the Carl Vinson Institute of
Government for a Class & Compensation study to be finished by end of June expense
in the amount of $7,350. is to be from the Contingency fund. Burke seconded. Vote by
Council was unanimous. Youmans asked if when this study is complete would it have
impact on raises and wages. Thomson said they will make recommendations.
A discussion as held on the GED classes and the contract from Royce Center in
the amount of $3,528. It was agreed to have more information for the next meeting.
Crawford moved to accept the Grant Contract presented by Thomson from
CGRDC for work on the land use with the City's portion $2,500 subject to review by
City Attorney. Burke seconded. Hughes said this ties in with the part of planner. Vote
by Council was unanimous.
The issue of land swapping with Fleetwood was discussed and Hughes told
Council the process that the City will have to go through. An appraisal from adopted list
from Thomson, advertising, usually a 60 to 90 day process.
Council agreed to not get involved with the request from Bob and Mona Byrd in
reference to the City of Savannah.
An e-mail from Mike Rule concerning an accident that took place at the North
end of Highway 80. Crawford said he was unaware of any accident but the area was
discussed at an earlier Council meting and the Mayor was suppose to contact DOT about
what needed to be done to lower the speed limit. Crawford said there is a bad problem
with traffic turning from Byers onto Highway 80. The police are out at 5 to 6 A.M.
catching citizens going to work. Parker said he contacted DOT and they said they would
do a study. Burke asked about a turning lane option. Youmans moved to adopt a
resolution requesting DOT to accomplish the study as soon as possible. Buelterman
seconded. Vote by Council was unanimous.
Crawford moved to adopt the amendment to the GMA Retirement Plan for the
rule of 75 on its second reading. Buelterman seconded. Vote by Council was
unanimous.
Crawford moved to adopt the ordinance on Homestead Exemption on its second
reading. Buelterman seconded. Vote by Council was unanimous.
Youmans questioned the health insurance for retirees. Thomson said Brown
had put together some costs and will have her put copy in each Council members box.
Youmans said he has spoken with a couple of employees that are eligible and they cannot
go unless there is insurance. Hughes said this is a highly specialized area and the current
health ordinance covers full time employee only. Thomson will get information from
GEMBES. Crawford said what do we need to do? Hughes answered an ordinance and
you can probably have 1St and 2nd reading at the same meeting.
Crawford moved to go into executive session to discuss personnel and litigation.
Burke seconded. Vote by Council was unanimous.
Youmans moved to reconvene regular session. Crawford seconded. Vote by
Council was unanimous. As there was no further business to come before Council
Clerk of Council
Mayor Walter W. Parker
RESOLUTION
WHEREAS, Tybee Island, Georgia, is one of a number of barrier islands on the coast of
Georgia effected by the forces of nature as well as by activities undertaken to maintain navigation
channels; and
WHEREAS, the Georgia General Assembly passed legislation known as House Bill 1021
(O.C.G.A. § 52 -9 -1, et seq.) seeking to provide for the replacement of beach quality sand which
results from navigational activities and the alteration of the natural drift of beach quality sand
resources by navigational activities; and
WHEREAS, it is known that beach quality sand is removed from navigational channels and
other areas as a result of dredging and maintenance activities and that such sand is not put to any
beneficial use; and
WHEREAS, the Mayor and Council of the City of Tybee Island is strongly in favor or the
provisions of House Bill 1021 and its intended beneficial results;
NOW THEREFORE, it is hereby resolved by the Mayor and Council of the City of Tybee
Island in open meeting duly assembled that the City of Tybee Island strongly supports House Bill
1021 and the full implementation thereof and encourages all entities, agencies and officials to act
in accordance with its terms and intentions.
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to such local,
state and federal officials as may be deemed appropriate.
ADOPTED IN OPEN COUNCIL MEETING, on the 6 day of � Ids , 2003.
ATTEST:
R. BROWN
OF COUNCIL
YOR WALTER W. PARKER
Governmental Services Division
Vinson Institute of Government
University of Georgia
Athens, Georgia 30602
Letter of Agreement
This agreement is made and entered into this I el,. day of 2003 between the
City of Tybee Island and the Carl Vinson Institute of Government on behalf of the University of
Georgia.
Under this agreement the services outlined in Appendix A will be performed.
The Vinson Institute's chief representative to this project will be Dr. Stephen E. Condrey.
The Vinson Institute shall also commit such other assistance from Vinson Institute faculty
members, professional staff, and secretarial support as shall be required to complete the project.
It is the intention of both parties to the contract that all work shall be scheduled at
mutually agreeable times and that all work be completed in accordance with the attached
schedule. The projected beginning date is April 1, 2003.
The City of Tybee Island agrees to pay the Vinson Institute the sum of seven thousand,
three hundred fifty dollars ($7,350) to cover the cost of personnel, travel, supplies and related
expenses. This amount will be billed in two equal installments on April 1, 2003 and June 30,
2003.
For the Vinson Institute of Government: For the City f Tybee I, d:
By: �.%� By:
James G. Ledbetter, Director `
Dat 3 -i —CY3 Date: 4 -16° 03
By:
444/ Karen B. Baynes, Asso `to Director
Date: 3/ /11/4�
CVIOG Faculty /Staff Member Performing Work: (signature)
Typed Name: ° ph j E. Condrey
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APPENDIX A
Letter of Agreement for Technical Assistance to the City of
Tybee Island, Georgia: Proposal for Reviewing and Updating the
City's Position Classification System and Compensation Plan
The City of Tybee Island has determined the need for a review and updating of the job
classification system and pay plan for all jobs covered under the city's personnel plan.
Objectives
The Vinson Institute of Government proposes the following schedule of activities to
accomplish four objectives:
1. Review and upgrade the current classification system and pay plan for all
employees in the city;
2. Produce an updated description of each job in the city and produce a classification
system based on job content analysis;
3. Collect wage survey data and produce a recommended pay plan based on job
analysis, job evaluation and wage survey data; and
4. Train designated personnel in each step of classification and pay plan
development to insure the implementation and maintenance of the system.
Phase I -- Developing a Work Plan and Schedule of Activities
1.1 Institute staff will conduct an orientation describing in detail the activities that will be
required to accomplish the project objectives.
1.2 During this phase all the documents detailing the current personnel policies and
procedures, job classification and pay plan will be made available to Institute staff for
review and analysis.
Phase II -- Job Analysis Survey
2.1 Institute staff will develop a detailed job survey form to be completed by each incumbent.
This data will serve as the basis for generating updated job descriptions, job
classifications and job evaluations (ranking of jobs).
2.2 Institute staff will determine the number of interviews and/or job audits that will need to
be conducted to insure adequate data for generating a complete and valid description of
each job and job classification.
2.3 After the job survey, job audits and interview data are analyzed, a properly formatted job
description will be completed for each job. The written job description will draw on four
sources of information: (1) current job descriptions, (2) information from the job survey,
(3) supervisors' review and critique, and (4) interviews and job audits.
Phase III -- Job Evaluation
3.1 Institute staff will furnish a job evaluation format of established procedures for ranking
jobs and measuring differences in job content.
3.2 Institute staff and appropriate city officials will select a format best suited for measuring
different levels of knowledge, skills, and abilities required to perform the jobs to be
evaluated.
Phase IV -- Marketplace Compensation Survey
4.1 In a joint effort with appropriate city officials, the Institute will collect published survey
data covering public and private organizations.
4.2 The Institute will analyze and format the survey data for use in establishing competitive
pay levels.
4.3 After this phase is completed, Institute staff will review all data generated to this point
with appropriate officials to determine what additional information needs to be
considered before moving to the next phase.
Phase V -- Developing a Pay Plan
Institute staff will:
5.1 Establish recommended pay grades based on the job evaluation results (Phase III) and the
wage survey (Phase IV);
5.2 Establish pay steps or ranges in each grade and present the complete recommended pay
plan to appropriate officials for review. At this point the plan will reflect the data from
Phases III and IV as well as cost -of- living data, and the jurisdiction's financial condition
and compensation policy.
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Phase VI -- Implementing and Administering the Program
Institute staff will:
6.1 Train appropriate officials in the administration of the program with an emphasis on
procedures for keeping the program up -to -date; and
6.2 Be available to provide a reasonable level of ongoing technical assistance necessary to
maintain the program.
Cost and Duration
The cost to the Institute to provide the service specified in this proposal will be seven
thousand, three hundred fifty dollars ($7,350). Considering the scope of the project, we
anticipate a three (3) month work plan beginning April 1, 2003, with fmal reports submitted on
or before June 30, 2003. Formal Institute involvement would terminate June 30, 2003.
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City of Tybee Island Personnel Project
Schedule of Activities
DATE ACTIVITY
April 2003 o Distribute position questionnaires
o Position questionnaires returned to Institute
o Employee interviews
o Collect salary survey data
May 2003 o Develop preliminary cost estimate
June 2003 o Return job descriptions for employee review
o Present final report
Project Director:
Steve Condrey, Senior Associate and Program Director
Carl Vinson Institute of Government
201 N. Milledge Avenue
University of Georgia
Athens, GA 30602
(706) 542 -6251 (Phone)
(706) 542 -9301 (FAX)
condrey @cviog.uga.edu
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STATE OF GEORGIA
CITY OF TYBEE ISLAND )
CONTRACT FOR PROFESSIONAL SERVICES
This contract is made by and between the Coastal Georgia Regional Development Center,
hereinafter referred to as the CGRDC, and the City of Tybee Island, hereinafter referred to as the
"City";
Witnesseth that:
WHEREAS, the City desires that the CGRDC provide technical assistance and administrative
services necessary to complete the following Discretionary Work Program (DWP) activity:
Special Development Regulations: The CGRDC will review the City of Tybee Island
Land Development Code and present recommendations for a "user friendly format ", text
consistency, and design controls consistent with the American Planning Association Advisory
Report 379: Appearance Codes for Small Communities.
THEREFORE, it is distinctly understood and mutually agreed as follows:
I. PERFORMANCE OF SERVICES: The City hereby agrees to engage the CGRDC and
the CGRDC hereby agrees to perform the services stipulated in this agreement in
accordance with the terms and conditions contained herein. In addition, the City hereby
agrees to engage the CGRDC in accordance with the terms and conditions contained
herein.
A. The CGRDC shall complete the project by June 30, 2003.
B. The CGRDC shall consider the receipt of this contract, signed and executed, as
the official notice to proceed.
II. SCOPE OF WORK: All activities will be in accordance with the Georgia Department
of Community Affairs Discretionary Work program guidelines and program funding
assistance. The CGRDC shall do, perform, and complete in a satisfactory and proper
manner the following work and services:
A. Coordination with the City of Tybee Island staff for initial consultation of work
activities
B. Coordination with the City of Tybee Island Planning Commission in
Contract
Page Two
accomplishing the review, recommendations, and rewrite of the Land
Development Code changes no later than June 30, 2003. Activities will include:
I. Prepare and send mailings to the Planning Commission Advisory
Group for scheduled meetings
II. Facilitate and keep minutes of discussions with the Planning
Advisory Group
III. Prepare drafts of the revised Land Development Code for review
by the Planning Commission
C. Conduct a briefing for the Tybee Island City Council following completion of the
recommended revised Land Development Code and prior to legislative action by
the City Council.
D. Hold a legally advertised public hearing to present the fmal draft document.
E. All activities shall comply with the Georgia Department of Community Affairs for
Discretionary Work program funding assistance;
M. COMPENSATION: Work will consists of
A. Professional Staff
(including fringe, indirect costs, and clerical assistance) $7,900
B. Mileage 400
C. Office supplies 100
D. Misc. 100
Sub -total $8,500
Less DCA Discretionary Work Program funds (6,375)
TOTAL COST $2,125
IV. NONCOMPLIANCE, MODIFICATION, OR ABROGATION: In the event of the
CGRDC's and for the "City's noncompliance with the requirements of this contract, this
contract may be canceled, terminated or suspended in whole or part.
A. If this contract is nullified, all finished or unfinished documents
prepared by the CGRDC under this contract shall, at the
discretion of the "City" become City property. The CGRDC
shall be entitled to be paid just and equitable compensation for
any work completed on said project. Furthermore, the CGRDC
Contract
Page Three
shall be held harmless, in the event of nullification, from its said
responsibilities for the completion of such project.
B. The original scope of the project, or the completion date, may
be altered by either party with written concurrence by both the
CGRDC and the City.
Accepted and Witnessed, by our hands on the 16i` day of , 2003.
pid . loa3
CITY ' F TYBEE
Date alter W. Parker, ayor
Date
COASTAL GEORGIA REGIONAL
DEVELOPMENT CENTER
Date Vernon D. Martin, Executive Director
Date Earl "Buddy" Carter, Chairman
Date Witness