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HomeMy Public PortalAbout20000810CCMeeting1 1 @ @ITEM 2000 -08 -10 City Council Minutes Mayor Walter W. Parker called the August 10, 2000 City Council meeting to order at 7 P.M. The following members of Council were present: James G. Burke, Jr.; Jack Youmans, Shirley Sessions, Anne Monaghan, Pamela O'Brien and Mallory Pearce. Edward Hughes, City Attorney and Tom Cannon, City Manager were also present. The Reverend Lee Bennett gave the invocation. The Pledge of Allegiance was recited. Representative Burke Day presented a resolution that was passed by the House to Mary Locklear in honor of her aunt, George McDonald who did so many outstanding things for Tybee Island. Mr. and Mrs. Clyde Alley accepted a resolution and a flag in memory of their son, Detective Trey Alley who died on April 12, 1999 in an automobile accident on the Tybee Road. Day also gave an update on renourishment of the beach stating that if this bill gets passed it would no longer be addressed, as an emergency for funding for the renourishment but it would be budgeted each year. Day said that the beach needs sand every 5 to 7 years. Parker thanked Day for all he does for Tybee at the State level. Mayor Parker introduced Tom Cannon, the new City Manager to the citizens. Jim Goodlett, Jeff Moseley and Jim Stone spoke to Council on the issue of the surfmg ordinance. Goodlett presented Council with a proposal on surfing areas. The proposal also addressed the leash and the nose guard for the boards. Former Mayor Pat Locklear introduced a 16- year -old German girl who is the daughter of a man he served with in the military when he was on active duty. Bob Mulcay, Wachovia Securities, gave an annual water sewer financial review stating that Tybee Island is in great shape according to the audit report. Mulcay handed out the State of Georgia Water and Sewer Systems Rate Comparisons. (Copy is in minute's file) Mulcay acknowledged to O'Brien that his report did not take into account the loan to water sewer from general funds. John O'Neill, Jr. introduced Walker and Betty Beason as new residents of Tybee and good neighbors. O'Neill said that a drainage survey by Downer Davis was done for the Barks property on Bay Street. O'Neill stated that the owner has reconsidered and he will come back to Council after the recombination of lots is completed. O'Neill said that this would mean one house instead of two houses. O'Brien said that she now works for O'Neill and will not enter into any discussion on this issue. Hughes asked O'Neill if he would ask the owners to have wording on the plat concerning the drainage. O'Neill said that he would be glad to ask them. Mr. Al Harris, Director of Student Activities at Armstrong Atlantic State University, requested permission for the annual Beach Bash on August 25th from 4 P.M. until 8 P.M. Harris said that they use to hold this at Spanky's when it was across the street from City Hall and that yes he can provide insurance. O'Brien asked about water. Harris answered that they are paying the County for electric and water. O'Brien asked about the parking. Harris said that they pay to park in the lots. Parker asked about the caterers. Harris said that they do not have one yet. Cannon asked Harris to fax a copy of the insurance to him. Trania Charles requested permission for a special event E -93 End of Summer Beach Bash to be held September 10, 2000 on the beach and pavilion from 11 A.M. to 8 1 1 P.M. Charles said that Chatham County officers last year volunteered their services. This will be done again this year. Charles said she is expecting between 2,500 to 5,000 people. Cannon questioned the insurance. Charles said that Willard and Associates are their insurance company. Tiffany Dennis, Director of the Tybee Branch YMCA, told Council that they are in the process of getting a child care license through the State and that the man was coming to do a walk through of the facility and would let her know what renovations needed to be done on the building. Dennis said that she in turn will let the City Manager know when she gets the report. Pearce asked if there are funds in this year's budget to cover renovations. Monaghan said that they are funds in this year's budget that have not been used. Sessions questioned the time frame. O'Brien asked about the status of the skatepark. Dennis said that the park was supposed to be surveyed. Sessions answered that Raamy Brown has that information. A representative from Alltel petitioned Council for approval to add 6 antennas to their lease. Yates said that the monthly lease would go from $1,250 a month to $1,800 a month. This would be an amendment to the 92 -lease agreement. Youmans asked about a ground building. Hughes said that they will not need another building. O'Brien asked if this proposal was low and we should look on average of what we get for each antenna. Hughes said that would be like comparing apples to oranges and that the new lease agreements are $1,800 a month. Hughes said that this is in range of the other leases. Richard Kautzman, 208 Lovell Avenue, addressed the issue of approved storm drainage plan for the Jacob's project. Kautzman asked when does the infrastructure go in. Hughes answered that it depends on the major or minor subdivision. Parker stated that there are specific situations. Kautzman said that he expects an answer from Bargeron tomorrow. Kautzman asked that the City review the plan as there is already flooding. Kautzman said that he will attend the next Council meeting with more information. Mayor Parker opened, asked for comments and closed the following public hearings according to the laws. Chuck Bargeron presented the petition from Joe and Alice Ashurst, 1611 Inlet Avenue, PIN 4 -8 -16-4 for a 2 foot front yard setback variance for non - conforming use extension. Whitely Reynolds of the Planning Commission said that they approved the variance. Alan Piper presented Council with a petition for a setback variance for extension of non - conforming use at 111 Lewis Avenue, PIN 4- 3 -5 -8, stating that he needed to add another bedroom for the new baby. Reynolds said that Planning Commission voted to approve. Reynolds stated that the Planning Commission voted to table the Coastal Protection ordinance for further study. Pearce said that the proposed changes to the ordinance by Jean McDowell are before Council. Hughes said that some of Council were concerned about the word system. Pearce said for now eliminate the word system. Hughes answered that is doable. Hughes said that some comments are about the definition of dunes, would be good if everyone knows what dunes cover, as some are overlapped. Youmans asked if this blue line version is the same one that the Planning Commission studied? Parker answered no. Youmans said that this version needs to go back to the Planning Commission for review of the changes. Reynolds urged Council not 1 1 to do anything tonight. Burke said that he agrees with Reynolds and that Hughes has concerns that need to be studied and ironed out. Hughes can look for loopholes. Parker said that McDowell has offered suggestions. Pearce said a lot of work went into this version. Youmans said that the public needs to know of changes. Sessions answered that Council has had this information for months and we have nothing in place now to address this issue. Parker asked if doesn't Planning Commission need to see. Sessions answered that they have had it. Bargeron said that it has only come to the Planning Commission once. Rusty Fleetwood said that there are already existing laws through the Department of Natural Resources. Fleetwood said that there is a valid need but that this ordinance is vague. Fleetwood stated that has definite criteria for approval. Pearce said that he has talked with the DNR and that the State has loopholes in the laws, tree is a major flaw. Youmans asked why doesn't the State change it? Fleetwood said that if this ordinance passes then the City would take over. Pearce said that if a tree is in front of the dunes then you can remove everything behind that dune. Reynolds said that the Planning Commission has had very little involvement with the committee of three, and that McDowell was not even on the committee. Burke said that it is simpler from the DNR line, and that we will have to get a lawyer to interpret. Parker said that he can not see side stepping the Planning Commission. O'Brien agreed, but said that there is nothing on the books at this time. Hughes said that it has some ambiguity, engineering standards can be put in. Hughes said that he thinks the ordinance will stand. Parker said that we should send a copy to Coastal Engineer Eric Olsen. Hughes said that he had sent an earlier version to Olsen and that he got information for the ordinance from Olsen. Shore protection line is on a map and it is redrawn every 5 years and this is very costly. Hughes said that the City needs to look at areas that would be effected. Youmans restated that the Planning Commission has not seen what is before Council tonight. Sessions said in answer to Youmans statement she would like the Planning Commission to see the new version for review but that we need to start protecting the environment, not fear. Hughes said that you will never come up with an ordinance that does not have subjectively. Sessions asked Hughes if he suggest it be sent back to Planning Commission. Hughes answered that in the land use codes he does not like to see any changes from the 1st reading to the adoption after the 2"d reading, but that Council has the right legally. Hughes said that he wants Council to be comfortable, and that it is their call. Sessions said perfect. Hughes said there is never anything perfect. The amendment to the Land Use Codes on "as builts" was heard next on the agenda, this has been needed for a long time, well worth the effort. Youmans asked who does this? Hughes answered it is the developers responsibility, the survey will go back and be certified to make sure what is on plans is correct. O'Brien said that the average adjacent grade is separate from as builts. Reynolds said that he does not know any relation to as builts. O'Brien asked when average adjacent would be addressed. Reynolds said before you issue permit. Hughes said there is a height issue, elevation determined before permit is issued. Hughes said he is working on that now. Sandra Luxenburg asked if the law has a loophole for persons who fill without a permit. Luxenburg said that she spoke to Representative Burke Day and he will work with Tybee to clear up the problem. Luxenburg said people are buying, tearing down houses, leaving alone for a while and then filling before construction. 1 1 1 Mayor Parker opened meeting for business legally presented. Pearce moved to accept the July 7th, 13th and 27th minutes as presented. Monaghan seconded. Vote by Council was unanimous. Monaghan moved to approve the variance extension on non - conforming use for a 2 -foot setback in the front for Ashurst, 1611 Inlet Avenue. Pearce seconded. Vote by Council was unanimous. Pearce moved to approve the variance for extension of non - conforming use for Piper, 111 Lewis Avenue. Monaghan seconded. Vote by Council was unanimous. Pearce moved to approve the Coastal Protection ordinance proposed by Jean McDowell and to eliminate the word system. Sessions seconded for discussion. Youmans said that he wouldn't vote for anything that he just got before the meeting and has not gone to the Planning Commission for review and recommendation. Sessions said to think of the time frame. Monaghan said to pass as is to have something on the book and let the Planning Commission refine. Parker stated that Council does understand that Hughes has a hard time when there are changes between the readings. Sessions said that Hughes will work with the Planning Commission. Hughes agreed. Vote by Council for 1st reading was 4 in favor (Sessions, Monaghan, O'Brien and Pearce); 2 opposed (Burke and Youmans). Pearce motioned to adopt Land Use Code on "as builts" on its first reading. 0' Brien seconded. Vote by Council was unanimous. Monaghan moved to adopt Section 11 -1 -10 Sleeping on the street beaches, parks, parking lots and other public areas on its first reading. O'Brien seconded. Vote by Council was 4 in favor (Burke, Monaghan, O'Brien and Pearce); 2 opposed (Youmans and Sessions). Pearce moved to adopt Section 3 -2 -11 Levy; Tax Rate (5) Deadline on its first reading. Monaghan seconded. Vote by Council was unanimous. O'Brien gave a brief update on the gym/pool complex and asked Cannon to look into using the pool by the old waterslide and the gym at Saint Michael's. Burke said that when we gave the variance for land on Highway 80 he was under the impression it would be an artsy community, but now they are renting bikes out of one and selling vacuum cleaners from another. Parker asked that this be looked up in prior minutes. Burke said that the trailers at the campground are being sold as condos or either time - share. Youmans stated that either the campground is wrong or the ones on the highway. Hughes said that he had talked with Gregori Anderson from the Chatham County Inspections Department. Burke again questioned the double wide on Fort. O'Brien said that Bargeron was to look into that issue. Burke stated that Robin Smith, FEMA, told him that Tybee was closing in too much under houses. Pearce said that he has questioned about the campground using city owned land and that it really needs to be look at. Hughes said that they can't sell without subdividing. Youmans would like to know how one place is trailer and the other is kiosk. Monaghan said that she would like to have an artist rendering so that final as built inspection will look like the plan submitted. Burke said that we need something like that. Hughes said that is not constitutional where we can regulate what goes on property, but can regulate where it can be placed. Monaghan asked that plans for the Super 8 be found and see if they show hanging plants, etc. Monaghan also asked Council about purchasing the use of the pavilion for the months of June and July so that Tybee can have control. 1 1 O'Brien said at the crowd control meeting issues that were brought forward were emergency vehicles and traffic safety. Mayor Parker asked City manager Tom Cannon to follow up on these issues. Youmans moved to adopt Section 2 -4 -13 Leave Policy to add Southern Confederate Day (April 26) as a holiday for employees on its first reading. Burke seconded. Sessions asked if the City Manager is aware of this request? O'Brien questioned the costs. Youmans answered not a cent. Sessions asked if this could be an optional day. Vote by Council was in two in favor (Burke and Youmans); 4 opposed (Sessions, Monaghan, O'Brien and Pearce). Youmans moved to have Hughes amend original lease agreement with Alltel to allow additional antenna for a monthly rent of $1,800. Pearce seconded. Vote by Council was 4 in favor (Burke, Youmans, Monaghan and Pearce); 2 abstained (Sessions and O'Brien). Pearce told Council that he wrote a letter to J.R. Roseberry concerning closed sessions held by Council. City Manager Cannon gave a list of appointments that he has made for Council information. Pearce moved to adopt Section 6 -1 -2 Water Conservation on its second reading. O'Brien seconded. Vote by Council was unanimous. Monaghan asked Hughes to draft an ordinance concerning alcohol beverage license in reference to a letter he had written to Council. Parker said that we can have certain stipulations. Pearce moved to go into closed session to discuss litigation and real estate. O'Brien seconded. Vote by Council was unanimous. Sessions moved to reconvene regular session. Pearce seconded. Unanimous vote by Council. Pearce moved to approve entering into agreement with O'Dell for the lease of the Tybee Theater if the Tybee Historical Society sign the agreement Hughes draws up concerning 50% - 50 %. O'Brien seconded. Vote by Council was 4 in favor (Sessions, Monaghan, O'Brien and Pearce); 2 opposed (Burke and Youmans). As there was no further business to come before Council Mayor Parker adjourned the meeting. Resolution on Periodic Tybee Island Beach Renourishment Projects was passed by Council. Moved by Pearce, seconded by Monaghan. Clerk of Council Mayor Walter W. Parker 1 1 1 RESOLUTION CITY OF TYBEE ISLAND, GEORGIA August 10, 2000 It is the position of the City Council of Tybee Island, Georgia, that: 1. Periodic Tybee Island Beach Renourishment Projects have been required at approximate seven (7) year intervals to replace sand onto the Tybee Island shoreline in order to maintain a recreational beach and to provide storm protection to the City. These renourishment projects normally add from one to two million cubic yards of sand to the shoreline, have a cost of approximately $6,000,000 to $10,000,000, and are jointly funded by federal, state, and local governments. The most recent Tybee Island Beach Renourishment Project completed May 2000 cost approximately $10,000,000. 2. Tybee's shoreline looses approximately 250,000 cubic yards of sand annually in the complex cycle of sand - sharing. 3. The periodic nature inherent to beach renourishment suggests annual appropriations for periodic renourishment. 4. The Tybee Island City Council requests the Georgia DNR add a "line item" to their annual budget. The aforementioned "line- item" would dedicate funds for periodic beach renourishment to move forward on a maintenance basis rather than a one -time request each seven (7) or so years. RESOLVED, this 10th day of August, 2000, by the City Council of Tybee Island, Georgia. Clerk of Council Walter W. Parker, Mayor 1 1 1 6 -1 -2 Water Conservation ORDINANCE NO. It is hereby ordained by the governing authority of the City of Tybee Island, in open meeting assembled, that the Tybee Island Code of Ordinances, Title 6 Municipal Utilities, Chapter Water Supply and Distribution, Section 2 Water Conservation, be amended by the addition to read as follows: Section 1. Section 6-1 -2 is hereby amended to read as follows 6 -1 -2 Reserved. PARAGRAPH (A) Short Title and Purpose (1) This ordinance shall be known as the "Water Conservation Ordinance." (2) The purpose of this ordinance is to ensure the protection of the public health, welfare and safety of the city by having a water conservation ordinance in the event of environmental or mechanical problems that may cause a water shortage which will prevent adequate flow and pressure for both domestic and fire protection. PARAGRAPH (B) Coverage (1) This ordinance shall apply within the territorial limits of the City of Tybee Island, Georgia. PARAGRAPH (C) Definitions (1) Conservation: the reduction in water use to prevent depletion or waste of the resource. (2) Commercial and industrial water: water that is used as an integral part to produce goods and services by any establishment having fmancial profit as their primary aim. It does not include "reclaimed" or "treated" wastewater used for irrigation purposes. (3) Customer: all persons in whose name the city water department maintains an account for water use, or who are responsible for payment of water passing through a particular meter. All customers are responsible for any use of water that passes through the meter for which they are responsible. (4) Domestic water: water that is used for personal needs or for household purposes such as drinking, bathing, heating, cooking, sanitation, or for cleaning a residence. (5) Emergency: means any one or all the following are present: Water supplies are below the level necessary to meet normal needs of the city causing a shortage; there is inadequate water treatment capabilities; mechanical difficulty that exist to the level that water supplies are below the level that normal needs cannot be met; or any other unforeseen circumstances which results in or may result in water supplies being at a level that normal needs cannot be met. (6) Essential water: water specifically for fire fighting, and necessary to meet the public health and safety requirements. (7) Nonessential water: water not specifically for fire fighting and does not promote public health and safety requirements. Page 1 of 4 1 1 1 6 -1 -2 Water Conservation (8) Water: all water available to the city for treatment by virtue of the city's water rights or withdrawal permits and any treated water introduced by the city into its potable water distribution system, including water purchased or offered for sale. Water does not include treated wastewater effluent reclaimed for reuse in irrigation and/or other approved uses. (9) Water shortage: the lack of adequate available water to meet the normal demands due to lower than normal precipitation, reduced flows or soil moisture, and/or lowering of potentiometric surface in wells which causes water supplies to be less than usual, and contamination or possible contamination of a well. PARAGRAPH (D) Priority Levels The following priority levels of users of the city water system are hereby established: (1) Priority Level 1. Hospitals, Health Care Facilities, Police and Fire Department. (a) Essential Priority Level 1 Water Use: (1) Use by hospital and health care facilities of such amount of water that is necessary for patient care and rehabilitation, including swimming pools necessary for patient care and rehabilitation. (2) Use by police and fire department of such amount of water that is necessary to protect the welfare and safety of the city. (2) Priority Level 2. Domestic Use (a) Essential Priority Level 2 Water Use (1) Use by residential users of such amount of water that is necessary to sustain human life and the lives of domestic pets, and to maintain hygiene and sanitation. (2) use by nonresidential users of such amount of water that is necessary to sustain human life and comfort in the workplace and maintain hygiene and sanitation. (b) Nonessential Priority Level 2 Water Use: (1) Use by residential user of such amount of water to water lawns, wash any vehicles, washing down sidewalks, walkways, driveways, parking lots, tennis courts, or other hard surfaced areas. (2) Maintaining fountains, reflection ponds, and decorative water bodies for aesthetic or scenic purposes, except where necessary to support aquatic life. (3)Maintaining swimming pools. (3) Priority Level 3. Commercial Use (a) Essential Priority Level 3 Water Use: (1) Use by commercial users i.e., car washes, water parks. (b) Nonessential Priority Level 3 Water Use: Page 2 of 4 1 1 1 6 -1 -2 Water Conservation (1) Serving water routinely in restaurants. (2) Increasing water levels in scenic and recreational ponds and lakes, except for rthe minimum amount required to support fish and wildlife. (3) Irrigating golf courses and any portion of its grounds, except "reclaimed" or "treated" wastewater. (4) Obtaining water from hydrants for construction purposes, fire drills, or for any purpose other than fire fighting. (4) Priority Level 4. Industrial Use (a) Essential Priority Level 4 Water Use: (b) Nonessential Priority Level 4 Water Use: PARAGRAPH E Authority For the protection of the public health, welfare and safety of the City of Tybee Island, the City Manager has the authority to determine when certain conditions exists in the city requiring water conservation measures to be imposed. PARAGRAPH F Responses t Water Shortages Should the City Manager impose water conservation measures, the following steps should be followed: (a) Declaration of voluntary conservation measures. Whenever the City Manager finds that a potential shortage of water supply is indicated, the City Manager is empowered to declare a state of voluntary conservation, and to call upon all water customers to employ voluntary water conservation measures. (b) Declaration of mandatory conservation measures. When it is found that there is a potential water emergency situation to occur or exist, the City Manager can declare a state of mandatory conservation measures which will limit all water users to essential water use only. (c) Declaration of water shortage. At this time the City Manager has declared that a water shortage does exist and the rationing of water will proceed. Rationing is based on the priority level. Starting with those users that are categorized as Priority Level 4 will be the first to lose water. Priority Level 3 will lose water next. Priority Level 2 will lose water at . Priority Level 1 will be the last to lose water. PARAGRAPH G Warnings; Disconnections; Fines; Penalty Violators of any provisions in this ordinance will be issued one warning by certified mail and/or citation. After issuing one warning, the City of Tybee Island Water Sewer Department may disconnect the water service of any customer whenever it is determine that such person has failed to comply with the provisions of this ordinance. Service disconnected under such circumstances shall only be restored upon payment of a reconnection charge to the City of Tybee Island Water sewer Department. Page 3 of 4 1 1 1 6 -1 -2 Water Conservation PARAGRAPH H Enforcement (1) Any water customer violating a water use restriction will receive one written warning. (2) Any water customer violating a water use restriction after receipt of a warning will receive a water use violation notice and a $50.00 (fifty) enforcement fee (added to their water bill). (3) Any water customer violating a water use restriction after receipt of a citation (and $50.00 enforcement fee) will have their water service disconnected (meter removed). A $150.00 re- connection will apply to all re- installations /re- connections. (4) Subsequent violations will result in a $1,000 water use violation fee for each occurrence. PARAGRAPH I Water Use Restrictions Step 1: Voluntary reduction of outside water usage. Step 2: Mandatory restriction of all outside water usage between the hours of and with odd/even restrictions. Odd number addresses utilize water outside on odd numbered days only. Even numbered addresses utilize water outside on even numbered days only. Step 3: Mandatory restriction of all outside water usage at all times. Step 4 Mandatory restriction of all water usage, except for essential purposes. (1997 -48; 8/14/97) Delete Any ordinances in conflict herewith are repealed to the extent of the conflict and this Ordinance shall have application to any violation of the Tybee Island Code of Ordinance of the City of Tybee Island, Georgia. Adopted this 10th day of August, 2000 Mayor Walter W. Parker City Clerk 1st Reading: July 13, 2000 2nd Reading: August 10, 2000 Enacted: August 10, 2000 Page 4 of 4 1 AUG.09'2000 12:57 9122382767 KARSMAN,BROCKS, & CALLAWAY P.C. #0455 P.004 /006 STATE OF GEORGIA COUNTY OF CHATHAM AGREEMENT WHEREAS, the City of Tybee Island (hereinafter "the City ") is a duly authorized and existing municipal corporation under the Laws of Georgia; and WHEREAS, the Tybee Island Historical Society, Inc., (hereinafter "the Historical Society") is a non - profit corporation duly existing under Georgia law; and WHEREAS, located within the Fort Screven area of the City of Tybee Island' is a structure commonly known as the "Post Theater" which has potential historic value and importance for recreation and cultural interest in the City; and WHEREAS, the parties hereto wish to jointly enter into a lease agreement with option to purchase pertaining to the Post Theater and a copy of such lease agreement is attached hereto as Exhibit "A"; NOW THEREFORE, in consideration of the mutual covenants and promises contained herein and in the lease and option to purchase agreement attached hereto as. Exhibit "A ", the City and the Historical Society do hereby agree as follows: 1. The City and the Historical Society hereby agree to jointly perform all of the obligations of the "tenant" in the lease and option agreement attached hereto as Exhibit "A ", equally, with the City and the Historical Society each bearing 50% of the cost identified as rent in such an agreement and, in the event the g:\ avmmon \;,nn \tyheal3151;anr:sno ro 1 .UG.09 ' 2O00 12:57 91 22382 76" KARSfAN , BRGOKS & C LL WL ! P.C. r0y55 P.005i006 option to purchase is exercised, unless otherwise agreed between the City and the Historical Society, each shall provide of the purchase cost and all cost associated with the closing of the transaction. 2. The City and the Historical Society will cooperate with respect to all expenditures, improvements and repairs to be made to the Post Theater and each shall be responsible for k of such cost, no expense or obligation shall be binding on the City unless approved in advance by the Mayor and Council and no expense or obligation shall be binding on the Historical Society unless approved in advance by its Board of Directors. .1 In the event any revenues or income are generated from the use or occupancy of the premises all such revenues or income shall be shared equally between the parties. 4. Neither party hereto shall, without the written consent of the other party hereto, either sell, assign, grant a security interest in or transfer this agreement or any interest or obligation under the agreement attached hereto as Exhibit "A". This day of , 2000. City of Tybee Island BY: ATTEST: (signatures continued on following page) gAcorn mon ‘¢mhIt? h az. 3161agivsts u nt 2 WALTER W. PARtBR, MAYOR 1 P.L'G.u9'2oco 12 :57 91221627(i7 KARSNAN,BA7CKS, & CALLA;vA': P.7. =0;55 P.3)6/006 Approved as to form: Edward M. Hughes Attorney for: City of Tybee Island The Tybee Island Historical Society BY: President ATTEST: gAcommon \rmhIst;bve316 \agreement 3 1 1 STATE OF GEORGIA COUNTY OF CHATHAM AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths, �;� L- �, �;��i �,'� ,z , 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 /0 day of ,7,‹-L.L r , 2000. (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. The subject matter of the closed meeting or closed portion of the meeting held on the /c of .4 L.css i `^, 2000, which was closed for the purpose(s) of (3) as allowed by O.C.G.A., Title 50, Chapter 14, was devoted to matters within those exceptions and as provided by law. 1 (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. IC C day of ';r , 2000. Sworn to and subscribed before me this day of , 2000. Notary Public g: \common \emh\ 14536\affiday.01 _ - 2- -GILL. Mayor %Presiding Officer