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@ @ITEM 2005 -10 -27 City Council Minutes
Mayor Walter Parker called the October 27, 2005 Tybee Island City Council meeting to order at
7:00 PM. Those present, in addition to Mayor Parker, were Council Members Jason Buelterman,
Mallory Pearce, Shirley Sessions, Paul Wolff, and Jack Youmans. City Attorney Edward Hughes
and City Manager Bob Thomson were also present.
Rev. Otto Immel, Pastor of All Saints Episcopal Church, gave the invocation. The Tybee Island
Memorial Color Guard posted the Colors and everyone recited the Pledge of Allegiance to the
Flag.
Mayor Parker said that there were several candidates in the upcoming election present in the
audience tonight. Mayor Parker welcomed Council candidates Wanda Doyle, Jon Brown,
Kathryn Williams, and Dick Smith. He also recognized the incumbents Paul Wolff, Shirley
Sessions, and Mallory Pearce. He said Jason Buelterman wanted the Mayor's job. Parker said
Eddie Crone was also running for re- election but was not feeling well and couldn't be here
tonight.
Mayor Parker said that the City recognizes an employee each month for the outstanding work he
does. He said for the month of August, that employee is Police Dispatcher Johnny Hosti. Parker
presented Hosti a certificate and congratulated him on his achievements.
Mayor Parker introduced a special guest, Mike Gleaton, from Atlanta. Gleaton said he worked
with the DCA now but had been on the coast with CGRDC in Brunswick. He said he had helped
get Ft. Screven on the National Registry as an historical site. Gleaton said he was here, in place
of Mike Beatty who could not be present, to make a presentation. Gleaton said the City of Tybee
Island had become a member of a very elite group. He said by committing to management of our
water resources, Tybee Island had been named as a WaterFirst Community. Gleaton said there
are six communities in Georgia with that distinction, Clayton County, Gwinnett County,
Savannah, Columbus, Cobb County, and Hartwell County. He said Tybee Island is now the
seventh in the State of Georgia. He gave a brief explanation of what the requirements and
responsibilities are for a WaterFirst community. Gleaton said the leaders of Tybee have made a
remarkable effort but could not have done it without all of the citizens. Gleaton recognized
several people who were instrumental in this achievement and presented each with a plaque.
They are City Manager Bob Thomson, Council Member Paul Wolff, Mayor Walter Parker, and
Director of the Water /Sewer Department, Mark Williams. He also presented the City with two
road signs to let everyone know that Tybee is a WaterFirst community. Gleaton also said that it
was remarkable for a town this small to achieve this recognition and also made Chatham County
the only county in Georgia to have two communities.
Mayor Parker said that because of the nature of subjects that some of the visitors wished to speak
about tonight, he is imposing the three minute rule, which has been in place for some time.
Parker said sometime we ignore it but tonight we will abide by it.
Major Chris Case and Chief Jimmy Price of the Tybee Island Police Department addressed
Council regarding recent allegations against them. Case said that on October 14th, Jonathan
Brown presented several copies of City documents which he described as representing proof of
corruption and fraud by employees of the City of Tybee Island. He said one of these documents
is a copy of a check to the City in the amount of $1,247.00 dated January 29th. Case said Brown
is saying that this check was deposited in the account for the Tybee Island Police Assn., but that
is not true. Case said it was deposited in the account for the Tybee Island Police Department.
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Case said this money was the City's matching portion of a Federal grant known as the Local Law
Enforcement Block Grant. Case said the Federal portion was $8,329.00 and the two checks were
deposited February 12t. Case said he opened a checking account at the Wilmington Island
Suntrust Bank because conditions of the grant called for a separate checking account from all
other City funds. Case said this is done to prevent the co- mingling of funds and to make auditing
easier. Case said the money was spent on approved equipment for the Police Dept. and when the
money was spent, the checking account was closed. He said the LLEBG file was reviewed by the
current auditing firm and returned without comment. Case said the City Manager, the Mayor, and
the Police Chief were all aware of his opening the account and all of the documents regarding this
account have been turned over to the City's Chief Financial Officer. Case said he stands behind
all of his activities and unless he is instructed otherwise, he would do the same thing again. Case
said, according to Brown, one of the document copies was an Email that was sent to then
Financial Director, Jason Cowan, instructing him to make a deposit into the Police Dept.
overdrawn account. Case said at the lower portion of that Email, if Brown had read further, he
would have seen that this Email was forwarded by Case to Cowan and was from Bureau of
Justice Assistance. Case said this was a notice that they had received a grant in the amount of
$840.41 and that amount had been electronically transferred into the City's account. Case said
this money was for bullet -proof vests for the police officers. He said the email was simply a
request for a budget adjustment for this amount. Mayor Parker interrupted and said that the three
minutes was up. Parker asked Case if he was saying that everything was open and above board.
Case said yes.
Jackie Brown said she had worked for the City for approximately 23 years, and for about 20 of
those years, worked at City Hall. She said she had just given Council a copy of something they
should be made aware of. She said a couple of years ago, the City employed the University of
Georgia to conduct a wage and scale study. She said this was also a study of job descriptions and
cost the City about $7,000.00. She said it was supposed to match the jobs descriptions with the
salaries. She said she didn't think anything was ever done with it. She said she didn't have time
to list everyone and the list she gave Council was just City Hall employees. Brown said everyone
is above the wage scale that was adopted by Council in 2000. She said she thought the citizens
need to be aware of how much and how quick the employees have reached their salaries. Brown
said we have a Finance Director/Treasurer who makes $70,006.00. She said this person doesn't
have a college education to get this type of money. Brown said that she had always said that City
Hall has "ears ". Brown said her name had been mentioned as supplying Jonathan with
documents that she took from City Hall. She said that is not true and that she walked out of City
Hall with exactly the same that she walked in with. Brown said she will not vote in the upcoming
election as she does not want to do anything to jeopardize this election. Sessions asked Mayor
Parker to say something in regards to Jan Fox's performance in her duties regardless of the
education she had. Mayor Parker thanked Brown for bringing the situation to the attention of
Council and said that the City Manager would like to say something. Thomson said that Jan Fox
had turned the entire Finance Department around completely. He said she worked 55 to 60 hours
a week, we had a clean audit, she works beautifully with the Audit Committee, she set up
purchasing procedures, set up budget procedures, and she had far out - advanced any Finance
Director that he has served with. Thomson said she was the best he had worked with in his
fifteen years.
Jonathan Brown asked Council if they had any answers to the questions he had presented at the
last Council meeting. Mayor Parker said that if they did, they would give them to him in writing.
Hughes said that he understood that he had all of the responses from the open records requests.
Brown said he was talking about the additional questions that he brought directly to Council. He
said that Buelterman said that Thomson was working on some answers. Hughes said he thought
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that was what the responses to the open records requests were intended to do. Brown said he had
more questions, eight items, other than the open records. Sessions said she had received a letter
and asked if Brown had received a copy. Brown said he had not received anything. Mayor
Parker said he see that Brown got a copy of the letter and asked the Clerk to take care of that.
Brown said the management letter that the Police Major was speaking of was from 2003 and the
Tybee Island Special Account was not opened until 2004. He said the Police Department
Association has never filed as a charitable organization and he said he is still waiting to see tax
returns. Brown said a charitable organization is still supposed to file tax returns. Brown said he
has a stack of tickets for inmate food but the receipt says open liquor. He said that is just some of
the questions. Brown asked the City Manager if he had ever received any cash kickbacks or any
other kind of payment. Mayor Parker interrupted and said we are not going into this, that this is
not the time or place, and told Brown to write it down. Brown said it was just a question and said
he was taking it that we were not going to answer. Hughes said this is not the proper forum to
interrogate City staff or officials or anybody. Brown asked if it was OK for him to get attacked.
Hughes said it is not OK for anyone to be attacked. Brown asked Hughes if he had any
knowledge of anyone informing him of cask kickbacks. Hughes said he was not aware of anyone
informing him of someone taking cash kickbacks. There was a disturbance from the audience
from Brown's wife. Mayor Parker tried to bring the meeting back to order. Hughes said he is
asked questions all of time about any number of different topics. He said if he had been asked
about kickbacks, it would be privileged communication and he couldn't divulge it here. Mayor
Parker said there is a restaurant on the Island, which only has about two or three keys with which
they can register purchases. He said when they have food that goes out, it is registered on an
open liquor key. He said he has asked them to change that as he knows there is no liquor going
out. He said he has asked that it be stopped and he is sure that it has been. Chief Price confirmed
that it had been taken care of. Hughes said he would like to clarify, for the record, that nobody
has ever given him any proof that someone is receiving a kickback on anything. Hughes said he
can't say that he hasn't been asked a question or that some allegation was made. He said
allegations are made about something or other all of the time but he has never seen any
verification of anything like that. Linda Gladin, Chairperson of the Audit Committee, said in her
work with the committee, she has never seen any evidence of any type of corruption.
Donald Cowart (Dac) said that since the agenda was amended so that the MRS is under the
attorney's section, he feels that some of the issues he wished to discuss might be answered then;
he felt it best for him to wait until then so that it won't have to be discussed twice. Mayor Parker
said there might not be a chance to speak then. Cowart said there were some MRS issues he felt
needed to be discussed. Parker said there are only two people authorized to speak on behalf of
the MRS and they are Chuck Eaton and Gene Reese. Cowart said he was going to have his time
and Mayor Parker said he was not sure about that. Cowart said he had tried to get on the agenda
and Parker said he was on the agenda. Cowart said he wanted to be in the lawyer's section.
Henry Levy told Council it would be nice to use our Strand area for recreation for shuffleboard
and a swimming pool instead of parking automobiles. He said this would attract more tourists to
spend time and money on Tybee Island. Levy said it would be wonderful to have a median down
Butler Avenue. He said this would cut back on parking spaces and the Feds say that if we cut our
parking spaces, they would cut back on funds for beach nourishment. He said the answer is a
multi -story parking garage. He said we could build a structure that would withstand a hurricane
surge and place our communications on the top. Levy said we could also park the City and
emergency vehicles there so that immediately after a hurricane we could mobilize and help this
Island recover. He said the Feds, through FEMA. are going to give out a lot of money and we
should jump on the chance to get some of it and build a parking deck that would be hardened
against a hurricane.
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Sandy Major said she thanks each of the ones who serve Tybee Island and also to those who are
running for an office and a chance to serve and she knows that there are trying times. Major said
she is representing the Tybee Neighborhood Assn. and wants to remind everybody of the Tybee
Island Town Meeting to meet the candidates. She said it will be one week from tonight,
November 3`a at City Hall at 7:00 PM. She said at 7:30 PM, the candidate will address the top ten
responses of the citizen's concerns and then wrap up by 9:00 PM. She said the association does
not endorse any candidate but encourages citizens to come and meet the candidates so that they
can make informed decisions. Major also encouraged citizens to complete the confidential
survey on their website.
Donald Cowart again raised questions as to why he was not allowed to speak to Council
regarding the MRS issues. Hughes explained that people were allowed to speak when there were
public hearings before the Council. He said the only other time that allowed public input was
during the visitor's section on the agenda. Hughes said he would try to answers questions if they
were in written form. Cowart said all of his concerns had not been answered and Hughes said he
thought he had answered all of his questions. Cowart said he still had some questions. Mayor
Parker told Cowart that if he had something that needed to be discussed, for him to get on the
agenda. Parker said right now there were only two people who could speak about the MRS and
they are to speak later when Mr. Hughes brings it up. He said now; let's get on with the meeting.
Parker said he had asked Cowart to write his questions and bring them to him. Parker said he
hadn't done that.
Warren Johnson said at an environmental meeting, Mr. Wolff said that senior citizens would not
have to pay the recycling fee. Johnson said that was not the case because he was billed. Wolff
said yes, but it had been straightened out. Johnson said no because everyone else has not been
told. He said he had talked to some people this morning and a lot of them did not know they
didn't have to pay. He said there were probably some here tonight who didn't know. Johnson
said citizens need to be told they don't have to pay the $3.99 for recycling. He suggested putting
a note on the water bill. Johnson asked about the three minute rule and why questions have to be
written down. Parker explained that the written questions are for the candidates and not for the
Council and he implemented the time limit tonight for a reason. Johnson suggested changing it to
five minutes.
Mayor Parker opened the meeting for business legally presented.
Parkers said the following items on our Consent Agenda have been passed:
1. Approval of the minutes for the October 13th Council meeting.
2. One Day Alcohol Beverage License for the Tybee Arts Assn. For Nov. 11th.
3. Debris Removal Monitoring Contract
Linda Gladin, Chairperson of the Audit Committee, told Council that she always liked to
recognize the other members of the Committee. They are Sam Adams, Sarah Jones, Sue Off,
Freda Rutherford, and Kathryn Williams. Gladin said they had been working very hard on the
2004 Audit and was very happy to announce that it was now complete. Gladin gave a brief status
report on the audit and compared it to previous audits. She said there were no reportable
conditions in the 2004 Audit, although the separation of duties of Finance Department employees
was mentioned, it would take about six additional employees to implement. Gladin said the
auditors said they would like to see the City go to monthly water billing, the Audit Committee
didn't feel that was warranted. Gladin said they are now reviewing contract compliance and also
are still working on the Code of Ethics for officials and City employees. She said they were
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planning to hold an Ethics Forum on November 14th at City Hall, if available, and invited all
interested citizens to come and participate. She said that would be at the time of the Audit
Committee's regular monthly meeting. Mayor Parker thanked Gladin for all of the Committee's
hard work and said we owed them a debt of gratitude.
Parker said he would like to move down on the agenda to Old Business to the reconsideration for
twelve condo units at 18 Silver Avenue for the Carson Company. Hughes said this is back on the
agenda as a result of a motion for reconsideration placed on the minutes at the last meeting.
Hughes said that Council directed that those individuals interested be notified so that they would
have an opportunity to speak tonight. Hughes said he assumes that was done by way of posting
and mail outs. Erik Puljung with Hansen Architects spoke on behalf of the developer of this
project. Puljung said there had been several concerns in Downer Davis's letter at the last
meeting. He said one them was the retention area and they have converted that area to a bio-
retention area, which means they have added more trees. He said they have added cedar trees and
also have increased the retention area. He said the one large driveway has been divided into two
driveways. He said he understands that this would conform to the driveway requirements.
Puljung said the water pressure was an issue and they have found that there was a leak and that
has also been addressed. Sessions asked about the driveway and asked if it conformed to
residential requirements. Puljung said they have conformed to the C -1 requirements and have
split the wide driveway and allowed for a ten ft. space. He said they do have a 20 ft. setback,
which allows for safer entrance and exit. Sessions said that since they had followed the setback
requirement for residential, why didn't they follow the other requirements for residential.
Puljung said if they had done that, they would not have been able to satisfy the parking
requirements. Sessions asked if they had reduced the number of units from twelve to eight or
nine, would that have made a difference. Puljung said that would have reduced the parking
requirements but any developer would want to build out as much as they could. Buelterman
asked if there was any way that the requirements in C -1 could be changed to require residential
compliance. Hughes said that an ordinance had been drafted and given to Anderson for the
Planning Commission's review for the driveway requirements. Hughes said notices were mailed
and if anyone wishes to speak, they may. Kathryn Williams said that we have a Master Plan and
Council Members are charged with following that plan. Williams said it is a legal document and
will stand up in court. She said Council can require that the plan be followed regarding density.
Williams said she urged Council to stay true to the Master Plan. Youmans said he thought the
Master Plan was a guide to go by and we didn't have to do everything that is in it. Hughes said
the Master Plan is a plan that reflects the land use map and lays out what the goals are. Hughes
said the ordinances should be consistent with the Master Plan in order to accomplish those goals.
He said the argument is that the ordinances are not consistent because they do not control density
adequately. Youmans motioned for approval, Buelterman seconded for discussion. Buelterman
said we have the ordinances and we have the Master Plan. He said it is clear that the ordinances
do not reflect the intent of the Master Plan. He said we all agree that we should alter the
ordinances to fit. He asked Hughes if this situation complied with the ordinances we have in
place now. Hughes said yes, this is a site plan approval and not a special review or one of the
other categories where your discretion is broader. Buelterman said they have passed items in the
past and he doesn't think they could not pas this one if all of ordinances that we have now have
been followed. Sessions said she thought they had always voted according to the Master Plan, the
ordinances, and the information they have. She said she thought this one should be treated the
same way. Pearce asked if it would be appropriate to approve this request with fewer units.
Youmans said that was not his motion. Hughes said the only control you have on the number of
units, as it stands now, as to the goals of limited density are the parking requirements, the height,
and the FEMA regulations. Hughes said with regards to site plan review, if the plan meets all of
those requirements; the landowner is entitled to build what the ordinance permits. Vote was 4,
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Wolff, Youmans, Buelterman, and Pearce, in favor, and 1, Sessions, opposed.
Jan Fox and Tiffany Dennis presented a request for a budget adjustment for repairs and
renovation to the Teen Center. Dennis said she is under budget in her recreation department and
the Teen Center needs a lot of repairs as some of the conditions are hazardous. Dennis said she
and Jimmy Brown walked through the Center and itemized the work that should be done. She
said the total estimate is $17,500 for the repairs. Dennis said the funds should be moved from the
Recreation/YMCA to Building Maintenance. Wolff asked what kind of floor is planned since the
majority of the money, $12,000, is for the floor. Dennis said they plan to build the floor up with
plywood and then put a rubberized material over that, similar to a gym floor. She said Brown had
called different companies and had gotten the cheapest price. Sessions she wanted to understand
that this would require no additional money and that the $17,500 was in Dennis's budget. Dennis
said yes and in fact, she thought they would still be under their budget. Youmans motioned for
approval, Wolff seconded. Vote was unanimous.
Fox said to follow contract compliance, that when we have new agreements, Hughes has asked
that they be brought to Council for them to be ratified. She said the one she has tonight is for the
architects that helping draw the plans for the renovation of City Hall. Fox said Council had
approved the expenditure of $14,000 two months ago. Parker questioned the placement on the
agenda, as he said he didn't see it. Fox apologized, saying she was getting ahead of herself. This
one tonight is for the Guard House. Buelterman asked if we were using SPLOST money for that,
and Fox replied yes. Fox said the architect is help with the RFP and construction should begin in
January 2006. Wolff motioned for approval, Pearce seconded. Vote was unanimous.
Dee Anderson said as part of the renovation for City Hall, he would like to close off the stage
area and convert it for use as a break room and storage. He said this would allow staff to eat
lunch somewhere besides in the auditorium and also allow the Council desk to be lifted. Sessions
said by closing the stage, we would no longer be able to have plays and such. Anderson said yes,
but we have the gym and we just spent a lot of money on the cafeteria, so we feel that we have
more than adequate places for plays and that type of events. Wolff asked why not put the break
room upstairs and all of the office space downstairs on one level. Parker asked if the air handlers
could be moved. Youmans said this building is historic and the stage, as part of the building, is
historic. He said we use the stage for all sorts of things and not just plays. He said Santa Claus
sits up there. Youmans said he didn't think we should do away with the stage. If we need more
office space, put it on the side where we have plenty of space. Parker said he understands the
need for space but thinks that there are ways to put that space on the outside somewhere. He said
he thought this somewhat of a unique building and most people would like to keep this stage.
Buelterman motioned to deny, Sessions seconded. Vote was unanimous.
Anderson said he had been charged with trying to find a professional to come in and help us
determine what the best solution to our problems in the C -1 District. Anderson said he had
contact the RDC but they will not be able to help as there planner's last day is tomorrow. He said
he contacted the MPC and they told him to put the request in writing, which he said he did, but
has not heard back from them. Anderson said he had talked with HDR and they will put their
ideas in writing. Anderson Wolff had talked with DCA. Anderson said they are working on this
issue. Sessions asked if we do use one or all of these organizations, would there be a chance for
citizen input. Anderson said yes, they would hold workshops and meetings.
Hughes said there was an amendment to the agenda, as the MRS indicated they would be coming
tonight. Hughes said he understood the MRS members met and have a proposal for the City to
take action with respect to that area. Chuck Eaton said he was speaking on behalf of the MRS.
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Eaton said the MRS had motioned for the City to construct a fence along the edge of the existing
paved roadbed, extending westward to the western boundary of the city property, enclosing the
MRS well in the fenced area. He said the MRS would like these extended dimensions added to
their lease. Eaton said the MRS Squadron respectfully votes on this proposal this evening.
Hughes explained the proposal to Council. Parker asked what affect this would have on Mr.
Scarbrough's property. Easton said this would require his entrance and exit to be near the sign
end and it would be his only entrance, unless some modifications were made. Buelterman asked
about the legal issues with this proposal. Hughes said this would close part of Scarbrough's
access to his property. He said there are two issues with this, this property is a road right of way
and abutting owners have access and egress rights. Hughes said the other issue is the contention
that this is an abandoned roadway. He said it not abandoned in effect but the residents use it for
access and egress. Hughes reviewed litigation that had taken place in 1981 and 1994. Hughes
this all started out as trying to get water access for the MRS. He said we were close but had not
reached an agreement yet. Hughes said if we do this, there is potential for legal problems. When
asked for his opinion, Hughes said he would recommend that the City not block the access. He
said he didn't think the City should pay the expense of litigation or compensation. Hughes said
we would have a potential taking of property issue. He said he understood that access to the
water, which is the goal, can be achieved without this proposal. Buelterman asked if there was a
way to close off the well and still give water access. Hughes said yes, and at one time the
concern was buses running into or over the well. Hughes said he would like to make something
clear; we did not give the Scarbroughs any property. He said we agreed to give them their access
and they gave us a deed to the right of way. We agreed not contest their right to have their dock
there, and we agreed to disagree about who owned the marsh. Buelterman asked where we could
put the fence legally. Hughes said there may not be a place legally without the concurrence of the
abutting landowners. Eaton gave some background on his negotiations with the Scarbroughs. He
said the question is where they can put a fence so that their well is protected from vehicles. Eaton
said the Squad needs immediate access when they get a call. Parker asked Mark Williams if there
was a reasonable way to protect the well. Williams said he didn't think a fence would be very
much protection, and suggested iron posts around it. Eaton said there have been informal
discussions about installing iron posts and a type of guardrail, similar to what the highway
department uses, around the well. Parker asked if Mr. Scarbrough had agreed to allow a fence
about four feet north of the center line of the road. Eaton said yes but well protection is still a
problem. There were comments from some of the members in the audience. Wolff said he had
been to the property, and he thought if the Squad moved the stairs, it would give them the access
to the water that they need. He asked Eaton if that had been considered. Eaton said it was
discussed but not well received. Hughes said to get access to the water, you are going to have to
cross the marsh. He said that ownership of that part of marsh is in disagreement. He said
Scarbrough has given the City twenty feet for access across that marsh. He said if this goes into
litigation and the City loses, we would never get access to the water. Hughes said the City has
the ultimate hammer, you could condemn the property, but you would have to compensate for
what you take. There were more comments from the audience. Parker said he thought we were
in a no win situation. He asked Eaton if the MRS members would come back with another
proposal if this one was voted down. Buelterman said he thought Council should vote down this
proposal and then the MRS could meet and come up with another proposal that the members
could agree on, and bring that back to Council. He said he thought the well was an issue and we
could solve that issue. Parker agreed. Buelterman motioned to deny this specific proposal and
then the MRS could come back on November 10th with an alternate proposal, Pearce seconded.
Vote was 4, Wolff, Sessions, Buelterman, and Pearce, in favor of the denial, and 1, Youmans,
opposed.
Mayor Parker called for a very brief break.
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Mayor Parker called the meeting back to order.
Mayor Parker recognized Henry Levy who said he would like say a few words. Levy asked
everyone to rise and applaud in support of the integrity and honesty of the Mayor, Council, City
Manager, and the Police Department. Everyone in the audience did so.
Frankie Conway, Parking Services Director, spoke to Council regarding the resident only parking
signs that were brought to the attention of Council at the last meeting. A copy of her list of
findings is included with these minutes. Conway said most of the signs were on private property
and not the right of ways. Sessions questioned how the bed and breakfast was approved with no
parking available. Anderson answered and said that was long before his time at the City, but it
used to be a hotel. Conway said the Inn buys ten decals every year but they are only valid for inn
patrons parking on 17th Street. Buelterman questioned who decides where a mailbox goes.
Pearce said the Post Office designates the placement. Council asked Conway to check on #7 to
see if the mailbox could be moved over some. Jeff Schroeder said there are exceptions to
everything and he thought he should be one of the exceptions. He said there is not any room on
his street and what there is, is always taken by visitors. He said he doesn't have a place to park.
Earl Schaeffer, who lives at 9 9th Street, said he doesn't need the parking space in the winter but
in the summer, when he goes to the IGA, he doesn't have any parking space when he gets back
home. He said if Council removes the sign at his house, he will come and park in Council's
driveway when there is no room in front at his house. Thomson said he understood the
recommendation was to leave the signs at Butler and 2nd Terrace ( #2) and at the 17th Street Inn
(# 10) for hardship reasons. Sessions said she would like to see all be removed except #2 and then
obtain some documentation for #10 as to how they were allowed the business without complying
with the parking requirement. Council also asked Conway to review the entire Island and see if
any other signs were in place other than the ones that were documented tonight.
Thomson updated Council on the work on the Butler Avenue Water Line Project. He said they
had started on the part of Butler Avenue that was not part of US Highway 80. He said they are
scheduled to be out of that area sometime next week. Thomson said there had been a problem
with traffic rerouting and now it is being directed down Jones Avenue. Thomson said the City
should get a progress report on Monday. Thomson said there were no contracts or change orders
for approval. Buelterman asked about the big sign. He said there is one that Youmans painted
but where is the one that the contractor was going to put up. It was to give the layout of the
project as well as the time frame of the areas that were being worked on, and be posted at their
equipment yard on Butler. Thomson said that it seemed to be costly but if Council wanted one,
he would talk to the contractor. It was agreed that it was part of the agreement and thought it
should be installed. Sessions said information should be placed on the Website as to where the
problems are, where to turn, and other pertinent information. Wolff said he had heard of
problems with the contractor informing people of the interruption of water service in a not so nice
manner. Wolff said that they should be more customer friendly and give clearer information.
Buelterman asked if we could make sure that a representative from the contractor would be
present at the next Water /Sewer Committee Meeting on November 10th. Thomson said he would
take care of that. Buelterman said we have stressed the importance of communication and we
should make sure that this project starts off on the right foot. In answer to Sessions question as to
who is the contact person with the City, Thomson said Mark Williams is through James Scholl,
who is the daily inspector with HGB &D.
Buelterman motioned to go into Executive Session to discuss litigation, personnel, and real estate,
Sessions seconded. Vote was unanimous. It was stated that there would be no vote following
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this session.
Buelterman motioned to return to Regular Session, Sessions seconded. Vote was unanimous.
As there was no further business, Mayor Parker adjourned the meeting.
&dike --
Diane Sikes
Clerk of Council
al er W. Parker
Mayor
9 of 9
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STATE OF GEORGIA
COUNTY OF CHATHAM )
AFFIDAVIT
PERSONALLY appeared before the undersigned attesting officer, duly
authorized to administer oaths, l'12//%t6�; L.%) Pai a, /tee = -L_ , who after being
duly sworn, deposes and on oath state the following:
(1) I was the presiding officer of a meeting of the Tybee Island City Council held on
the ? ? day of OcY6 , 2005.
(2) That it is my understanding that O.C.G.A. §50- 13 -3(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 ? of d c fot e,i- , 2005, which was closed for the
purpose(s) of /A 1c y lidP Vie/ 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.
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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.
This 17 day of / , 2005.
Sworn to and subscribe efore
day of
, 2005
DIANE J. SIKEE
Notary Public, Chatham County CIA
My Commission Expires July B, 2007
yor/Presiding Officer