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HomeMy Public PortalAbout20050824SCMeeting1 1 1 @ @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. 1 of 4 1 1 1 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 2 of 4 1 1 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 3 of 4 1 1 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 4 of 4