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@ @fIEM 2005 -08 -24 Special City Council Meeting Minutes
At 6:30 PM, Mayor Walter Parker said he could not call the meeting to order because we
did not have a quorum present. He said one Council Member was on the way and we
would wait for her arrival. Those present, in addition to Mayor Parker, were Eddie Crone
and Paul Wolff, City Attorney Edward Hughes and City Manager Bob Thomson. Mayor
Parker said Jason Buelterman was out of town, Jack Youmans had been injured and was
staying home per doctor's orders, and he hadn't heard from Mallory Pearce.
Mayor Parker asked Hughes to give everyone a little background information on the
MRS and Mike Scarborough issue and explain why we were here tonight.
Hughes opened by saying that he and Mr. Harvey Weitz met today and there was an
understanding with all parties involved that anything said here tonight would not be
admissible in case this goes into litigation. Hughes said the reason we are here is to see if
we can agree on the use of Old Highway 80 so that the MRS can have access to the water
and the Scarboroughs can continue to conduct their business.
Hughes said there was a meeting in March 2005 and a tentative agreement was made but
we haven't gotten very far with it. On July 14, 2005, a proposal was made to move the
fence four feet more so as to give the MRS more room to maneuver their boat trailers and
turn around. Hughes said the MRS needs access to the boat hoist and water and the
Scarboroughs need the use of the causeway, which is behind the fence.
Hughes asked Mark Padgett if it was accurate that DNR required 50 feet frontage to
install a boat hoist. Padgett said he didn't know but thought it depended on a number of
things and wasn't a steadfast rule for everyone. Hughes said the location of the MRS
well was another part of this issue. Hughes said he felt that the main issue is the use of
the causeway.
Hughes said there are still issues about who owns the marsh adjacent to the property. He
said Mark Williams was here to answer any questions regarding moving the right of way
a little to the North so there is room for access in the event part of the road is blocked off.
Hughes said it also possible for the width of causeway to be increased. He said if that
was possible, he thought that was a direction to be looked at.
Harvey Weitz said that there had been a lot of work and long hours put in on this project.
He said Hughes had just about covered everything. He said one thing he thinks is
important is the order in which things are done. (Mayor Parker asked Shirley Sessions to
take her seat up front so that there would be a quorum present.) Weitz said the he
thought the first thing to be discussed is the expansion of the causeway from the end of
the paved portion of Old Highway 80 into the marsh.
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Hughes asked Weitz if they indeed had an understanding that this all is in an effort to
resolve a disputed claim so that nothing said would ever be admissible. Weitz said yes,
that was the agreement.
Mayor Parker declared a quorum present and opened the meeting for the business at
hand.
Hughes asked what thoughts Mark Williams had on the idea of filling in the part of the
causeway that is north of the high ground. Williams said if the fence is moved toward the
middle of the right of way, you need to have as much room going north as you do going
South. He said there would be no problem for DPW to put in crush and run and widening
the road. Williams said the part that is beyond the pavement is soft and the ground is
saturated, and DNR would have the say on putting in fill dirt. Chuck Eaton, representing
the MRS, said he did not have a problem with that proposal. Hughes said there is a
dispute as to who owns that property but he didn't think there would be a problem with
this plan other than with the Corp of Engineers and DNR.
Gene Reese, Skipper of MRS, asked if Tybee participated in wetlands mitigation. Mark
Padgett said there are several areas of that program dealing with salt water, fresh water,
and dune areas. Mark Padgett said that in the Coastal Marshland Wetlands Act, there are
regulations on impacting tidal wetlands. He said he didn't think that would work.
Hughes asked how big a problem was the location of the well. Eaton said the main
concern is backing buses and other large vehicles that close to the well. He said the well
wouldn't last long. He said if the well has to be moved, we would have to contact the
Health Department and get their approval. Ralph Majoney, from the MRS, said the grade
from the causeway to highway 80 is so great, the well would be higher. He said there
would three feet difference in the well and where the buses would park. He said the
buses would hit dirt before they ran over the well.
There was a lot of discussion regarding putting in a dirt berm. Mark Williams said there
might not be enough room left for the buses to turn, especially in front of the seafood
business. Barry Brown said they can't use the causeway now. He said he has never seen
a bus make that turn. Weitz said if this is going to work, the City would have to apply to
DNR and this would give more credence to the application. Then, he said, the MRS and
the Scarboroughs would cooperate. Mayor Parker said he didn't think Council would
have a problem with asking for that area to be filled. Wolff said we would be violating
our own ordinance, which says no filling in the marshland. Hughes said he would rather
not do that, but it is worth asking and fmding out. He said they probably are going to tell
us no anyway. Hughes said let's ask DNR about that, and the Health Department about
the well, he said it would be easier to do that than lowering the grade. Hughes said
maybe someone with the skills, could look at that. He said what's left is where we were
back in March.
When asked why the fence was needed, the MRS members answered that people would
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block the access. They block the fire station now. People are going to park wherever
there is room. Brown explained why the well was installed at the present location. He
said it is a requirement by the Health Department that it has to be at least 100 feet from
the existing septic tank.
Crone motioned to pursue filling the area if DNR would allow it, Sessions seconded for
discussion. Sessions asked for a specific explanation of where the fill would be put.
Hughes explained. Hughes said the area of the paved road that would be given to the
MRS, would be compensated to the south to the extent possible. He said he thought we
were only talking about four feet. He said the proposal tonight to lower the grade instead
of raising it, makes a lot of sense. Weitz asked if this is done, what happens to
Scarborough's parking on the causeway. Hughes said if the grade is lowered, the
causeway wouldn't be accessible. Sessions asked about why the area couldn't be posted
as a no parking area. There was a good bit of discussion regarding the parking in that
area, especially on Friday and Saturday nights. Wolff said he would like to pursue
lowering the grade instead of filling. Parker asked if he didn't want to pursue the filling
with DNR, and Wolff answered, yes, as a last resort. Vote on the motion to pursue the
filling was unanimous.
Weitz said he thought he and Hughes could contact the Health Department about
relocating the well. Weitz said he would consider relocating it further north, but
Scarborough said he thought relocating the well further north would be a bigger problem.
The suggestion was made to get something on paper so that everyone would be sure of
what the proposals are. Scarborough agreed.
There was some discussion about the well and the fence. Crone said he understands that
everyone is in agreement to pursue lowering the road. He said let's get it on paper, sign
it, and get the engineers or whoever we need, and get started on that. Eaton said if we are
going to lower the road, we need to agree where the new road would be cut. Crone said
if we keep talking, we are not going to get anything done. Weitz said that was agreeable
but he wants everyone to understand that they are not abandoning using the causeway for
additional parking. Weitz asked what was going to happen with the fence. Johnny
Russell, with MRS, said the causeway couldn't be used now anyway. Weitz said he
thought lowering the road was an issue the City should pursue. Eaton said he thought
that was a potential solution, and gives room to back two buses in. The question was
asked why the City is going to so much trouble to give a business room to park buses.
You don't do it for anyone else. Mayor Parker asked Thomson to look into that. There
was some heated discussion regarding the ownership of the land.
Sessions asked if we had the funds for the engineering and drainage studies. Who is this
going to benefit? Thomson said a drainage plan would be about $3000 or $4000. Mayor
Parker said we have to get an agreement. Hughes suggested we get an engineer to look
and see what would be involved. He said once we find that out, then we could see if the
three entities think it is worth pursuing.
Sessions asked for a recap of what action would be taken. Parker said we are looking
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into the bus situation, an engineering firm to give us an idea if we can lowering the road
to provide parking, to protect the well, and to contact the DNR to see if we can put in any
fill, as a last resort. Thomson said the engineering cost and the road cost could possibly
come out of the SPLOST Fund. Weitz said he understands that the fence will stay until
we get a little further down the road.
Sessions suggested setting a time line. Hughes said we have public hearings at the first
meeting of the month, let's set it for the second meeting in September. He said that
would be on September 22nd, or the fourth Thursday.
Mayor Parker thanked everyone for coming, and declared the meeting adjourned.
Diane Sikes
Clerk of Council
Walter W. Parker
Mayor
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