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HomeMy Public PortalAbout20001012CCMeeting1 1 @ @ITEM 2000 -10 -12 October City Council Minutes Mayor Walter W. Parker called the October 12, 2000 City Council meeting to order at 7 PM with the following members of Council present: James G. Burke, Jr., Jack Youmans, Shirley Sessions, Anne Monaghan, Pamela O'Brien and Mallory Pearce. City Manager Tom Cannon and City Attorney Edward Hughes were present. The Pledge of Allegiance was recited after the invocation given by the Reverend Lee Bennett. Mayor Parker introduced Joe Mahaney who is running for the Chairman of the County Commission in November. Mahaney said that he had a great relationship with Tybee 93 -96, worked closely with Tybee on the Volleyball. Mahaney introduced his wife Joan and asked for support from Tybee in the upcoming election in November. J R Roseberry presented Councilmember Jack Youmans with a framed certificate claiming that Jack has the distinction of being the first mortal to receive Historic Designation Award. Youmans thanked all involved and said he agreed with everything J R said about the criteria in order to win this award. Mayor Parker announced that while he and Youmans were in Atlanta for the ACCG GMA Fall Conference that he was presented with the City of Ethics plaque, only 50 cities in the state have achieved this honor. Rachel Perkins gave a brief update on the Greenspace Plan. Perkins said that the working map will be on display at City Hall for citizens to see the status of the study. Sessions thanked Perkins for the tour she held for Council and the Planning Commission members. Monaghan asked Perkins in her final report to please prioritized from her point of view and how the City should go about implementing the plan. Mayor Parker announced the promotion of Chris Case and Michael Hogan to Lt. and Todd Desautels, April Smith and William Moseley are Cpl. Paul DeVivo and Colette Deihl thanked Council and the citizens for the support they gave TybeeFest. DeVivo presented Council with t- shirts. Sessions said that the event was great. Mayor Parker announced the Tybee Day event that will take place October 14th from 10 am until 6 PM at the Lighthouse. Lots of fun food and entertainment. Ralph Maggioni gave a brief history of the MRS, when it was established and how many are involved with the squad, between S. C. and GA there are 450 active members. MRS sponsors the Children's Fishing Tournament, boats for the clean up efforts, involved with the dolphin's efforts and Boy Scouts of America. Maggioni said that they were tested when Hugo hit Charleston, S.C. Maggioni requested that Council lease the land to the MRS for 99 years. The MRS has about 10,000 dollars already invested in the columns and building forms. Parker said that there are still some legal problems that need to be ironed out. Hughes asked if the soil test came back yet? Johnny Russell answered yes, and that it was good. Hughes stated that what the City got from DOT and Chatham must remain a road, the owner must remain the City but that the MRS and the City could have a joint use agreement. Youmans asked why not lease them the property that was already heard by the Supreme Court. Hughes said that the State only leases for 50 years. Hughes said that the Shrine Club lease is for 15 years, and he would fell comfortable with 10 with option for renewal. Parker told the MRS to hold the City's feet to the fire. 1 1 1 Billy Hair, Chairman of the Chatham County Commission, said that he appreciates being here and also the spirit and cooperation from the municipalities. Hair said that he hopes to continue when reelected in November. Dr. Reinhold Gerbsch, Leveraging E- business Solution, gave a hand out to Council concerning his business and how it can benefit the City of Tybee. Parker told Gerbsch to make an appointment with the City Manager, the concept sounds interesting. A proclamation on World's Population Awareness Week October 22 — 28 was announced by the Mayor. Youmans asked what the Pope has to say about this? The Mayor answered that the Pope agrees. Mayor Parker opened, asked for comments and closed the following public hearings according to the laws of Georgia. Mr. Rob Sales asked that the petition for a minor subdivision at 7 Railwood (42 Wrenwood) PIN 4- 2 -20 -1 be withdrawn. Sales said that the legal says it a major subdivision but the thinks it is a minor. There were no comments from the audience. Ms. Marilyn Tuten presented Council with a petition for a variance setback at 914 2nd Avenue PIN 4 -6 -8 -7 because her request does not meet the 10 -foot requirement. Tuten said that she would be closing in an existing porch and adding an 8 X 8 extension on the front, all of this is in line with the present building. O'Brien said that the back porch is 6 foot from the property line. Tuten answered yes. O'Brien questioned the front. Tuten said that the house sits sideways on the lot. Bargeron said that it is already under roof. Henry Levy said that the Planning Commission voted 7 — 0 in favor of the variance because it will protrude no further than what is already there. Mr. Maynard Peloke presented Council with a petition for a variance for stairs that are in the setback at 24 Veterans Drive PIN 4- 2 -5 -15. Peloke said that he had no idea when he purchased the property that it was in violation, 6 foot 9 inches into the setback. Peloke said that the stairs are an excellent means of escape in the event of an emergency. Peloke stated that the stairs are 31 feet 5 inches from the edge of the pavement and that this is a builder's mistake. Parker said that this means less than 7 feet? Peloke answered yes. Monaghan said the petition states both Hendrix and Peloke. Peloke said that Hendrix has been removed from the request. Monaghan again stated that it is easier to ask forgiveness than permission. Hughes said that this happened before the "as built" ordinance was in place and that this issue is addressed in the ordinance. Youmans asked where the inspectors were, that the stairs were not built in a day. Peloke answered that the stairs are so far removed that you would not notice them being in the setback area. Peloke said that the City did not catch this violation, but when he had the survey and that he brought this to the attention of the City inspection department. Sessions asked about the process is there a flow chart that people can understand? Bargeron said that the stairs in question were not on the original plan and that after framing the house the construction sat for about 6 months. Bargeron said no change order came in on the house and just by looking at the house it seems to comply. Sessions asked Cannon if we are going to have a flow chart? Cannon said that Council would have a first draft by the next Council meeting. Sessions asked if there was any type of penalty for the builder? Parker said something should be done. Bargeron said when City found out about violation that no C.O. was issued, the man understands if the variance is denied that he will have to removed the stairs, we have issued a temporary C.O. Youmans said that man is completely innocent, the builder and inspector had a set of 1 plans. Burke asked where were the inspectors? Bargeron answered dealing with 99 other things. Monaghan said that something needs to be put in place for builders to pay a penalty. Hughes said that this could come under general offense maybe, but that the as built should take care of any more problems like this that happened. O'Brien said that it is to late when you have as built need check and inspection list. Bargeron said that under the SBCCI that the contractor is responsible for meeting codes. Henry Levy said that he is very disturbed, this should never have happened. Levy said that the plans had two sets of stairs and this is the third set. The Planning Commission voted 6 —1 to approve. David Cornelius stated that if you drove by you would never know that the stairs are in violation. Vickie Mitchell presented Council with a petition for a minor subdivision for Alex Kaplan at Pulaski and Taylor PINS 4 -1 -2 -3 & 4A. Mitchell said that this would be taking two lots and dividing them into three lots. The lots meet the required square footage. O'Brien said that she did not get a map. Clerk of Council Brown said that it was big so she wrote on the information packet to see the map in the zoning office. Asked if this was for approval of the preliminary plan or for final approval. Mitchell said that Kaplan had Keaton do a survey and this could have come before Council about 5 years ago but not sure. O'Brien explained the process and asked Mitchell what she was seeking tonight. Mitchell said final approval. Burke asked where the drainage plan is. Mitchell said that she was not told she needed a drainage plan. Hughes said that the ordinance for subdivision say a drainage plan may be required but the storm water ordinance states that you need any and everything. Levy said that the land drains well and all he is doing is dividing it up, all lots meet the requirements for square footage. Levy said that the vote by Planning Commission was 6 in favor and 1 abstained. Burke asked again why we are not requiring a drainage plan? Levy said the ordinance say may be required. O'Brien said the storm water says it must have drainage plan. Pearce questioned tree survey. Mitchell said that there are no trees on the property. Rachel Perkins also stated that there were no trees and sees no reason not to grant the request. Richard Kautzman said that he feels Council should table because of flooding and explained his problem on Lovell. Youmans asked why Council has 20 pages of the code in their packets. Sessions said she appreciated having the codes in front of her. Mayor Parker opened the meeting for business legally presented. Pearce moved to approve the setback variances at 914 2°d Avenue for Tuten. Youmans seconded. Vote by Council was unanimous. Burke moved to approve the setback variance for stairs for Peloke at 24 Veteran Drive. Youmans seconded. Monaghan stated that under 5 -160 Enforcement in the Land Development Code that it states in section (b) a penalty amount for violations. Pearce said this needs to be prevented and should not occur again and the "as Built' will help. Cannon said the flow chart should also help. Hughes to investigate the penalty. Youmans said that Hendrix will just go cut the stairs off. Vote by Council was unanimous. O'Brien moved to send the request for a minor subdivision from Kaplan back to the Planning Commission for further review. Sessions seconded. O'Brien said that she is disappointed with the Planning Commission concerning the storm water ordinance that requires a drainage plan. O'Brien also requested the Planning Commission to sign off on whether the project met the Land Development codes under 5 -040 for minor subdivision. Vote by Council was 5 in favor (Burke, Sessions, Monaghan, O'Brien and Pearce); 1 opposed (Youmans). Pearce moved to accept the September Council minutes as presented. O'Brien seconded. Vote by Council was unanimous. Under actions items Hughes stated that Pearce has walked the area in question concerning the coastal protection. Hughes said that he misunderstood O'Brien request for a one -line ordinance and that he sent a complete ordinance down the following week. Hughes stated that there are several versions now and that the process for adoption should start at the beginning. Attached to these minutes are the suggestions from Pearce on the jurisdiction line and the eroding shoreline. Pearce also recommended that the definition of a dune be: "A dune is a geomorphic feature best described as a low mound, ridge, bank or hill of loose wind -blown granular material (generally sand but could also be granular volcanic ash) either bare or covered with vegetation, capable of movement from place to place but always retaining its characteristic shape ". Parker asked that in setting the dune protection line, are we bound with taking property, as some dunes are half way up on the lot. Pearce said that the vast majority of properties in question have preexisting houses. Youmans asked about the 18 foot easement from the seawall? Hughes answered that is no man zone. Youmans asked why not use the seawall? Hughes answered you don't have a seawall in some places. Pearce stated that in some places the seawall is covered up. Parker said that sand has built up past the seawall and that is why DNR grants variances. Pearce stated that there is a variance process. O'Brien thanked all for the discussion and suggested that Hughes and Cannon develop a process that Tybee can use. O'Brien gave a list of eight items that might be on the process list. Youmans announced that he agrees with O'Brien 100 %. Pearce said that Rubinette Douglas of DNR said that the State Law allows for local ordinances and that they will enforce. Pearce said that Tybee can hire an employee, send them to school to become certified. Youmans stated that Tybee can't handle. Monaghan said that there should be a concise process. Youmans moved to send back to Planning Commission. Burke seconded. Youmans withdrew his motion. Youmans motioned to start process and go through to the finish. Cannon and Hughes will develop (8 Step) process and submit to Council. Pearce seconded. Vote by Council was unanimous. Levy said the dunes are the first line of defense and that we need something quick. Levy told Council that the Planning Commission does not have the expertise. Monaghan moved to adopt Section 5 -101 on its first reading. O'Brien seconded. Hughes told Council that they can not adopt tonight on first reading. Parker said that DNR would not issue a variance if it would be detrimental to the dunes. Hughes said that this will have to be advertised and go back through the Planning Commission. Council could consider rewording the ordinance about hearings before Planning Commission if they have already heard request once. Cannon told Council that the design drawings on the skatepark have yet to be reviewed by the engineers, that there is blanket coverage from any suit. Under the recreational Facility Act Tybee is not liable if there is no charge to use the skatepark. Hughes said that this is correct and that the volunteers are protected under GIRMA as long as they are working under the direction of the City. Cannon told Council that the Internal Control Audit report is very useful and that he will be talking with the finance staff about the points made in the report. Parker asked who requested this report. O'Brien said that she did and she is thrilled with the report. O'Brien said that there is a letter from the Parking Director addressing some of the issues. Cannon indicated that he would respond to the letter. Cannon asked Council to look over the one page quick review of the finance statement and give him feedback. Burke and Sessions said it was great. Cannon said that the funds are out of balance by $7,384 and it is because of something the auditor did. The error needs to be found and corrected before going to the new software. Auditor Chris Lightle will help with the GASBY and the Chart of Account. O'Brien asked if this figure changes month to month. Cannon answered no. Cannon said that he got a large packet from Bill Lovett in reference to the sewer pipes connections along the Tybee Road and that the draft letter to DOT for the Mayor to sign may be in there but that he has not had time to go through the entire packet. O'Brien gave a report from the Post Theater Committee which consist of 3 members from the City and 3 members form the Historical Society, but that they will be appointing 3 members from the community to bring the committee total to nine. O'Brien said that they meet every two weeks at City Hall. Youmans questioned the 3 citizens that the committee is talking about appointing. O'Brien said that this is not a committee appointed by Council, she has talked with Hughes. Hughes answered that this is not the same committee appointed by Council. O'Brien said to research if Council needs to appoint. Hughes told Council that the City is in partnership with Historical Society. Cannon said that he is planning to hold a public forum in November in order for Citizens to express their thoughts on the cable service. Youmans said he has no complaints. Barry Brown said that he has called 4 times in the past six months. Cannon said that a representative from the U.S. Cable will be invited to be present. Cannon and Hughes gave an update on the software lease. Hughes is talking with GMA to see if they could finance the purchase through their lease program. Burke moved to withdraw the Resolution on the Aquifer for consideration by Council. Youmans seconded. After a long discussion the vote by Council was 3 in favor (Burke, Youmans, Sessions); 2 opposed (Monaghan and Pearce); 1 abstained (O'Brien). Parker said that this is a political issue that the City of Savannah is dealing with and if there is a problem in the future then Tybee should get involved. Hughes explained about the 2 Local Assistance Grant for the Marine Science Center. Monaghan moved to approve the grants. Pearce seconded. O'Brien said that one grant is to do with salaries and that will be an on going costs, how do they plan to cover or will they fall back on the City for funds? Youmans said that the City has allotted the MSC $130,000 this year and they should be paying the City portion of the grants. Vote by council was four in favor (Burke, Sessions, Monaghan and Pearce); 2 oppose (Youmans and O'Brien). Cannon agreed to discuss with MSC the need to have a revenue stream plan to cover additional fixed cost increase so it would not fall back on the City. Pearce moved to adopt Section 6 -1 -3 Wellhead Protection on its second reading. Monaghan seconded. Vote by Council was unanimous. Monaghan moved to adopt Title 4 Public Safety Section 3 Emergency Management on its second reading. Pearce seconded. Vote by Council was unanimous. 1 1 1 Pearce moved to adopt Section 4 -2 -12 Subscription Process on its second reading. Monaghan seconded. Vote by Council was unanimous. Monaghan moved to adopt Section 4 -2 -13 Non Subscribers not under contract on its second reading. Youmans seconded. Vote by Council was unanimous. Under old business Sessions asked Cannon to investigate the signs at Oaks of Tybee. Youmans moved that Cannon should attend the next two stakeholders meeting and then relieve Farmer. Burke seconded. Vote by Council was 2 in favor (Burke and Youmans); 4 opposed (Sessions, Monaghan, O'Brien and Pearce). Hughes said that Farmer's term ends in October. Parker suggested that Council retain Farmer until Cannon get oriented. Sessions moved to have Hughes represent the City in discussion with Farmer for a contract of 6 months. Monaghan seconded. Vote by Council was 4 in favor (Sessions, Monaghan, O'Brien and Pearce); 2 opposed (Burke and Youmans). Cannon was asked to get an architect rending and other schedules required by the Land development Code at the time the project receives approval. Pearce moved to retain those citizens presently serving on the Beach Task Force at the suggestion from the Mayor. Monaghan seconded. Vote by council was 4 in favor (Sessions, Monaghan, O'Brien and Pearce); 2 opposed (Burke and Youmans). Parker requested Council to submit names and said that this is an open group. Monaghan mentioned the rezoning of Butler Avenue beach side and the C -2 committee and what is going on with these issues. Chris Solomon gave a short report stating that as chairman of the C -2 that he was not invited to the last meeting. Solomon was asked to get in touch with Bargeron or Brown to set meeting up. Monaghan moved to purchase $400.00 worth of Halloween candy and for Council members to deliver it to the houses on Lewis Avenue. Burke seconded. Youmans said that the City needs to leave it alone. Parker stated that once candy is gone the residents usually just turn off the lights. Vote by Council was 5 in favor (Burke, Sessions, Monaghan, O'Brien and Pearce). Pearce moved to go into closed session to discuss litigation and personnel. Monaghan seconded. Unanimous vote by Council. Youmans moved to reconvene the regular Council meeting and to adjourn, as there was no further business to come before Council. Monaghan seconded. Vote by Council was unanimous. Clerk of Council Mayor Walter W. Parker World Population Awareness Week Proclamation - -- 2000 Whereas world population today exceeds six billion and continues to increase by one billion every 13 years; Whereas the environmental, economic, and social consequences of rapid population growth are not limited to the developing world but extend to all nations and to all people; Whereas 1.5 billion people live on less than one dollar a day, 790 million go to bed hungry every night and a disproportionately large share of the poorest of the poor and the malnourished are girls and women; Whereas in developing countries two- thirds of the 130 million children not attending school are girls; Whereas with each passing minute a woman somewhere on Earth dies from pregnancy or childbirth complications, a total of 600,000 every year; Whereas in addition to deaths, each year at least 7 million women are estimated to suffer serious effects and as many as 50 million women suffer some health consequences resulting from childbirth; Whereas up to one half of the nearly 175 million pregnancies each year are unwanted or ill- timed; Whereas 350 million married women in developing countries still lack access to information, education and the means to obtain a range of modern family planning methods; Whereas the theme of World Population Awareness Week this year is "Saving Women's Lives," with a strong commitment to establishing as a major health priority the reduction of maternal mortality and morbidity — through safe, efficient, effective, affordable and voluntary interventions that respect cultural and moral convictions; NOW, THEREFORE, I 1.44LTE € ■ P612 k e r , MAYOR OF THE CITY OF 1 Lee 151.c.i d , ,DO PROCLAIM THE WEEK OF OCTOBER 22 -28 AS WORLD POPULATION AWARENESS WEEK AND URGE ALL CITIZENS OF OUR STATE TO TAKE COGNIZANCE OF THIS EVENT AND TO PARTICIPATE APPROPRIA ELY IN ITS 0 RVANCE. Adopted this 12th day of October, 2000. 1 1 the erivictai _ Cc_ 541 itize 7k� �u�isciic,fryc 1i,k0 shall C 6e-- J �- u�erdut�al oy� sal ,rya!!. b. r- av, pia 6urZ die -Jui- _Vial. de oett 140€4,rat-d dzima tivexiS-1.45 ivdnere cam-brrrtit jdickh s/zca 6e. s-�rnry" tech dT1 ok^cm4705 a, tale..beiweeiez.21,0 hOitreS cis cbGreh r _irt kw case, „vita& -eizz cols-itc&ivq <4e, c,i4sei- ,2ofeab kuldi-ilzu" tea- rn�s� tau4olmu-e4 dtkrze„ arm no du`res-, 2afee,4 preexici7kg secunrail .A1Aq/1/6Ly?e,ca" 1 Erod4jqSjj6j The. G� �l- lar�cc$ew or- Zoi -u& 441.11 lnak� a. rei�i ✓ruse 17110 dte d/&ties eto pe,ie- cor& (See, ciedwiD1910P%' -ckfifr 02--Z-- -th.c.cid-e.frzas 4#7e, eeo, U ... that dai-z46s- aie. �a Aefrwscas&n,t- 125-. axsanie raspoziet irdo 11416tair a4-ii pat datma- vrcorclect�c� elk --ge,_61eacAtz g Gek 6EM 6-- FEA1A?� Azatec 1 Application for Local Assistance Grant Local Assistance Grants are made pursuant to O.C.G.A. §50- 8 -8(a) which provides in pertinent part: "The department shall make grants to eligible recipients or qualified local governments, which grants are specified by amounh, recipient and purpose in an appropriation to the department" 1. Recipient identified by the General Assembly in Appropriations Act: City of Tybee Island 2. Amount appropriated by General Assembly: $20,000 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: Contract for services with Tybee Island Marine Science Center for educational tours for children 4. Information Required by the Department of Community Affairs for Award: a. Please provide a detailed description of the project, location, type of work to be initiated, and for what purposes the funds awarded through this grant would be used. Attach additional pages if necessary. att,172113'. nave b. Please provide a budget for the proposed project, listing all revenues and expenditures. Project Revenues Project Expenditures Local Assistance Grant $ 2 0 , 000 . Local Govt. $6,000. (FEES) Other $5,000. Total $31,000 . $20,000. $6,000. $5,000. $31,000. c. Provide expected project start up and project completion dates: - - _ 1 1 1 2_ - 3L - _111 Beginning Date Completion Da if 1 1 1 5. Contact Information: Please provide the following contact information for the grant. Name: : • ... Address: P.O. Box 1 8 7 9 ci Tybee Island State: GA Zip: R 1 '12 R Telephone: ( 912) 786 -5917 Facsimile: ( 912 ) 786 —RASq E -mail: TYBEEMSC @aol _ com Name: Address: ter City: State: Zip: Telephone: Facsimile: E -mail: 6. Certification I, the undersigned authorized representative of the local government described in this application, certify that to the best of my knowledge, the information in this application is true and correct and the Local Assistance Grant subject to this application will be used for the purposes outlined above. I further certify the local government described in this application has all requisite power and authority to expend funds for the purposes set forth herein. Authorized Repraentatme W L(4 r Pcrke.r- Name (please print) Macyr- Tide ` __ _ 07 Date For additional information or assistance, please contact Amy Hill at (404) 679 -3154 or Bobby Stevens at (404) 679 -4943. Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, GA 30329 -2231 www.dca.state.ga.us 6/00 1 1 5. Contact Information: Please provide the following contact information for the grant. Name: • . • ... Address: P .0. Rox 1 879 Gtr: Tybee Island State: GA Zip: R 1 7 R Telephone: ( 9 1 2 ) 786 -5917 Facsimile: ( 912) 7R6 -8959 E -mail: TYBEEMS CT. ao1 _ com Name: Address: ter City: State: Zip: Telephone: Facsimile: E -mail: 6. Certification I, the undersigned authorized representative of the local government described in this application. certify that to the best of my knowledge, the information in this application is true and correct and the Local Assistance Grant subject to this application will be used for the purposes outlined above. I further certify the local government described in this application has all requisite power and authority to expend funds for the purposes set forth herein. 02 _0i _D Authorized Representative Date W +c PC;rker Name (please print) Tide For additional information or assistance, please contact Amy Hill at (404) 679 -3154 or Bobby Stevens at (404) 679 -4943. Georgia Department of Community Affairs 60 Executive Park South, NE Adanta, GA 30329 -2231 www.dca.state.ga.us 6/00 1 1 4. The Tybee Island Marine Science Center is a non -profit 501c(3) organization dedicated to promoting appreciation, conservation, and understanding of the marine ecosystem of coastal Georgia through education and service. To meet this mission, we provide educational programs for school groups, daycare centers, tour groups and the general public. Currently, we offer schoolchildren the opportunity to explore our coast in a two hour field trip program. This past school year, over 12,000 students participated in our field trip programs. These programs are completed on our site, located at the beach on Tybee Island. Students participate in hands -on science programs to learn about our unique coast. They may sift the sand to look for what is living between the grains of sand. They may dissect a squid to learn about its anatomy and behavior. Or, perhaps they will pull a seine net through the surf to get a glimpse of what is swimming around their feet. The program began in 1994, and the number of students who participate in this program has almost tripled over the past six years. To educate the general public, we have a museum filled with aquariums and a touch tank containing species indigenous to the coast of Georgia. Exhibits feature shells, sea turtles, a wave tank, marine mammals, beaches around the world and pollution. 26, 958 visitors toured through our museum in 1999. We also offer Discovery Walks throughout the year. Visitors participate in a guided beachwalk, pull a net through the surf, and look for animals that hide in the sand. Currently, we offer this program four times a week during the summer, and two times a week during the winter. This is becoming an increasingly popular program for our tourists. We need to expand these programs to reach those groups who may not have the transportation to come to our site on Tybee. We want to create an outreach program for the Center. We will begin to offer programs to schools, convention centers, libraries, and community groups at their site. In order to do this we need to hire one new staff member to initiate, coordinate and implement this outreach program. As our programs grow, we also need to hire an additional educator to assist in teaching groups that will attend programs at the Center. The City of Tybee Island is providing support to fund a portion of the salary of this educator. In addition, fees charged for the program will assist in operating expenses. We also need funding to obtain supplies to create the program. We need to purchase supplies to bring to the sites such as crab traps, animal carriers, and air pumps. Funding for these needs will allow us to initiate a program that will allow us to reach more people throughout Chatham County. This, in turn, allows us to meet our goal of educating the public about the coast of Georgia so they will appreciate our unique ecosystem and want to conserve it for future generations. List of Expenses Funded through Grant Outreach Educator Additional Educator Outreach supplies Total cost $13,000.00 $6,000.00 $1,000.00 $20,000.00 Application for Local Assistance Grant Local Assistance Grants are made pursuant to O.C.G.A. §50- 8 -8(a) which provides in pertinent part: "The department shall make grants to eligible recipients or qualified local governments, which grants are specified by amount, recipient and purpose in an appropriation to the department" 1. Recipient identified by the General Assembly in Appropriations Act: City of Tybee Island 2. Amount appropriated by General Assembly: $25,000 3. Purpose of the Local Assistance Grant as specified by the General Assembly in the Appropriations Act: Funds for educational beach walks and ecosystem tours for school children for the City of Tybee Island 4. Information Required by the Department of Community Affairs for Award: a. Please provide a detailed description of the project, location, type of work to be initiated, and for what purposes the funds awarded through this grant would be used. Attach additional pages if necessary. See attached page b. Please provide a budget for the proposed project, listing all revenues and expenditures. Local Assistance Grant Local Govt. Other Total Project Revenues $25,000. $h, 000. Project Expenditures $25,000. $6000. $31,000. $31,000. c. Provide expected project start up and project completion dates: -.111_ - 12 -31 -01 Beginning Date .Completion Dau J 5. Contact Information: Please provide the following contact information for the grant. Name: Susan Brockway, Director Tybee Island Marine SriPnrP (enter Address: P.O. Box 1879 City: bee Island State; GA Zip: 31328 9" Telephone: ( 9 1 2 ) 786 -5917 Facsimile: ( 9 1 2 ) 786 -8959 E -mail: TYBE1 MSC'�aan1 _ r•nm Name: Address: City: State: Zip: Telephone: Facsimile: E -mail: 6. Certification I, the undersigned authorized representative of the local government described in this application, certify that to the best of my knowledge, the information in this application is true and correct and the Local Assistance Grant subject to this application will be used for the purposes outlined above. I further certify the local government described in this application has all requisite power and authority to expend funds for the purposes set forth herein. Authorized Representative hlu_t4er Pc r-k.e- Name (piece print) Title _ - 01 - 00 Date For additional information or assistance, please contact Amy Hill at (404) 679 -3154 or Bobby Stevens at (404) 679-4943. Georgia Department of Community Affairs 60 Executive Park South, NE Atlanta, GA 30329 -2231 www.dca.state.ga.us 6 /00 5. Contact Information: Please provide the following contact information for the grant. Name: Susan Brockway. Director Tybee Island Marine Srienre renter Address: P.O. Box 1879 City: bee Island State: GA Zip: • 31328 9* Telephone: ( 9 1 2 ) 786 -5917 Facsimile: ( 912) 786 -8959 E -mail: TYREPMSC.Ra n1 _ rnm Name: Address: City: State: Zip: Telephone: Facsimile: E -mail: 6. Certification [, the undersigned authorized representative of the local government described in this application, certify that to the best of my knowledge, the information in this application is true and correct and the Local Assistance Grant subject to this application will be used for the purposes outlined above. I further certify the local government described in this application has all requisite power and authority to expend funds for the purposes set forth herein. Authorized Representative �nlai r Pc,rker- Name (please print) Title - - 0 0 Date For additional information or assistance, please contact Amy Hill at (404) 679 -3154 or Bobby Stevens at (404) 679 -4943. Georgia Department of Community Affairs 60 Executive Park South, NE Adanta, GA 30329 -2231 www.dca_state.ga.us 6/00 l 1 1 1 4. The Tybee Island Marine Science Center is a non -profit 501c(3) organization dedicated to promoting appreciation, conservation, and understanding of the marine ecosystem of coastal Georgia through education and service. To meet this mission, we have a two -fold program: education of the general public and education of school -age children. Our program for the general public is varied. Visitors may walk right off the beach and into our museum that consists of aquariums and a touch tank containing species indigenous to the coast of Georgia. Other exhibits feature shells, sharks, marine mammals, pollution, a wave tank, and beaches around the world. 26,958 visitors toured through our museum in 1999. We offer a Discovery Walk program to the public throughout the year. Our staff led the participants on this guided beachwalk to discover it's inhabitants. Our program for children has many facets, all designed to teach children to be aware of the diversity of life in the ocean so that they will develop a desire to protect and improve our marine environment in the future. In the summer we offer Sea Camp programs for children. Teachers use "hands -on" activities, crafts, and games to teach children about our coast. During the school year, we offer field trip programs for school groups, daycare centers, tour groups, and scouts. Students may participate in activities such as a squid dissection, dock lab or fish printing. We also offer Girl Scouts and Boy Scouts the chance to complete requirements to earn patches and badges. These programs began in 1994, and the number of students who participate in this program has almost tripled over the past six years. This past school year, over 12,000 students participated in a field trip program. We need to expand these educational field trip programs. Currently, our staff consists of one full -time Director and three part-time educators to lead these programs. Our current staff is funded by the program fees and funding from the City of Tybee Island. We need to be able to hire one full -time educator to be able to teach these field trip programs. We are also seeking funding to pay for staff and volunteer uniforms so that they are easily identified by visitors. In addition, we recently acquired a new classroom for these programs. We want to purchase a computer and interactive software for this classroom. This computer would be used by our student groups. We also need to add shelving and cabinets to this classroom. The addition of a full -time educator and classroom equipment will allow us to expand our educational programs at the Center. As a result, we will be meeting our goal of educating the public about the coast of Georgia so they will appreciate our unique ecosystem and want to conserve it for future generations. List of Expenses Funded through Grant Full-time Educator Computer, software Shelving, cabinets Uniforms Total $22,500.00 $1500.00 $500.00 $500.00 $25,000.00 1 1 6 -1 -3 Wellhead Protection ORDINANCE NO. 2000-27 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 Municipal Utilities, Chapter Water Supply and Distribution, Section 3 Well Head Protection, be amended by the additional paragraph to read as follows: Section 1. Section 6 -1 -3 is hereby amended to read as follows 6 -1 -3 Wellhead Protection 1. Short title and purpose (a) This ordinance shall be known as the "Wellhead Protection Ordinance." (b) The purpose of this ordinance is to insure the provision of a safe and sanitary drinking water supply for rthe City by the establishment of wellhead protection zones surrounding the wellheads for all wells which are the supply sources for the City water system and by the designation and regulation of property uses and conditions which may be maintained within such zones. 2. Definitions. When used in this ordinance the following words and phrases shall have the meanings given in this section: (a) Hazardous waste or material - any waste or material which because of its quantity, concentration or physical, chemical or infectious characteristics may: (1) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitation reversible illness; or (2) Pose substantial present or potential hazard to human health or to the environment when improperly treated, stored, transported, disposed of or otherwise managed. (b) Sanitary landfill - A disposal site where solid wastes, including putrescible wastes, or hazardous wastes, are disposed of on land by placing earth cover thereon. (c) Wellhead - The upper terminal of a well, including adapters, ports, seals, valves and other attachments. 3. Establishment of wellhead protectin zones. There is hereby establish a use district to be know as a wellhead protection zone, identified and described as all the area within a circle the center of which is the center of any city water supply wellhead and the radius of which is 100 feet. 4. Permitted uses. the following uses shall be permitted within wellhead protection zones: (a) Any use permitted within existing agricultural or single family residential districts, except that the minimum residential lot size for a lot any portion of which lies within the wellhead protection zone shall not be less than one acre; and (b) Any other open land use where any building located on the property is incidental and accessory to the primary open land use. 5. Prohibited uses. The following uses or conditions shall be and are hereby prohibited within the wellhead protection zones, whether or not such use or condition may otherwise be ordinarily included as a part of a use permitted under 4 of this ordinance; (a) Surface use or storage of hazardous material, expressly including commercial use of agricultural Page 1 of 2 1 1 1 6 -1 -3 Wellhead Protection pesticides; (b) Septic tanks or drain fields appurtenant thereto; (c) Impervious surfaces other than roofs of buildings, and streets, driveways and walks serving buildings permitted under 4 of this ordinance; (d) Sanitary landfills; (e) Hazardous waste disposal sites; (f) Stormwater infiltration basins; (g) Underground storage tanks; (h) Sanitary sewer lines within 150 feet of a wellhead. 6. Administration. The policies and procedures for administration of any wellhead protection zone established under this ordinance, including without limitation those applicable to non - conforming uses, exceptions, enforcement and penalties, shall be the same as provided in the existing zoning ordinance for the City of Tybee Island, as the same is presently enacted or may from time to time be amended. (1997 -49; 8/14/97) to 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 12th day of October , 2000 Mayor Walter W. Parker City Clerk 1st Reading: 9/14/00 2nd Reading: 10/12/00 Enacted: 10/12/00 Page 2 of 2 1 1 4 -3 -1 Emergency Management ORDINANCE NO. 2000-28 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 Public Safety, Chapter 3 Emergency Management, Sections 1 Emergency Management Agency; Created; Composition; Voting Status; Section 4 Created; Section 5 Powers and Duties; Section 6 Membership, Appointments, Terms of Office, Compensation; Section 7 Officers, Meetings, Minutes, Procedures; Section 8 Termination of Membership; Section 9 Duties of City manager; Section 14 Emergency Curfew and Closure or restriction of Areas (a)(e) , be amended by the deletion of certain paragraphs and the replacement of certain paragraphs to read as follows: Section 1. Chapter 4-3 is hereby amended to read as follows 4 -3 Emergency Management Section 2. Section 4-3 -1 is hereby amended to read as follows 4 -3 -1 Emergency Management Agency; Created; Composition; Voting Status Police Chief -as- deputy Directors - with -he right - to -vete;- (33 -the Heads$f4he Publics - WorlES -and 4he- Pater/Sewer- eperttnent-with• -the right4e- vets -(4) a at largo - members - appointed by tho yor-with rgct{ (Ord. 1994 -3: 2/10/94)(Ord.1994 -26: 10/13/94)(1997 -29; 5/1/97) Section 3. Section 4 -3 -2 is hereby amended to read as follows 4-3 -2 Same; Duties The duties of the Emergency Management Agency is to effectively plan for the mitigation of potential natural and/or man -made disasters; to coordinate such plans with the Chatham County Emergency Management Agency; to effectively implement the contingency plans; and to maintain an accurate, detailed historical documentation of duties performed by the City employees and volunteers upon notification of, during, and after (termination date and time set by the Mayor) a disaster. (Ord. 1994 -3) Section 4. Section 4 -3 -3 is hereby amended to read as follows 4 -3 -3 Same; training It is the duty of the Director to ensure all members of the Emergency Management Agency receive formal and on-the-job training in their duties and responsibilities. (Ord. 1994 -3) Page 1 of 7 1 1 4 -3 -1 Emergency Management Section 5. Section 4 -3 -4 is hereby amended to read as follows 4 -3 -4 Created A-Ft emergency -management commission for -the City-ef_Tybee Island4s - ereated which - shall -be known as the Tybcc Island Emergency Management Commission (hereafter called the Commission). Section 6. Section 4 -3 -5 is hereby amended to read as follows 4 -3 -5 Powers and Duties The-Commission-shall-be-art advisory council -and shall -it-ts findings -te4he Mayor -and Council. ft7 Assist-- i*t-he development-ef-a basic - plan -fef- he -City -integrated Title:IEMS). b7 -Identify-the- needs- aad_develop up to dato- doctrine -if emergency-management tee but e: Organize -and - promote that enhance -ate maintain -the public's - awareness -ef 414e Section 7. Section 4 -3 -6 is hereby amended to read as follows 4-3 -6 Membership, Appointments, Terms of Office, Qualifications, Compensation a lership -and appointed-by shall consist of thirteen (13) members who "hall be Tenn-of Office. -ke -ef offico-fef each-member-shall-be three (3) years, except that those first appei tted, three-shall-be for- one{1) year, ee -twe (2) years, - and -three foresee (3) years. e . In selecting persons safety and- reseue -manago a nt, especial ; -» it pertains d Compensation. Members -of - the - emission y - receive - compensation - related 4faining -and - Section 8. Section 4 -3 -7 is hereby amended to read as follows 4-3 -7 Officers, Meetings, Minutes, Procedures. a Officers.-The Commission - shall- eleet -efe-ef -its s- as-the chairperson -fef -a one year- tenn. -A sitting chairperson may -he- reelected -et te- (t)_conseeutive term.- The-Commission Page 2 of 7 1 1 1 4 -3 -1 Emergency Management quarterly in a calendar year. A special meeting may bo called only if all members have been duly notified 24 hours -in advance. A quorum (five-members) must be present for a meting to be legal. e Minutes7414e Commission- sha111eep- minutes -of -its proceedings ewing -the matters discussed -and Council within throe (3) working days of the mooting. d: Procedures. Robert's Rules of Order will govern the procedures of the Commission. Section 9. Section 4 -3 -8 is hereby amended to read as follows 4 -3 -8 Termination of Membership a: A - member -ef -the - Genmrissien -may -be terminated cause -by ids - majority -gets - e€-the members- ef-the Commission,- except that - appeal may -be -made before Mayer -and Council -in regular meeting which may sustain or overturn the action of the Commission. or an aggregate of fivo-(5)- meeting in a member's- tenure. Exceptions arc illness or an Act of God. Section 10. Section 4 -3 -9 is hereby amended to read as follows 4-3 -9 Duties of City Manager The City Managcr shall provido staff to moot with tho -Gommission, shall supply it with such information (ORD. 1996 -04; 04/11/96) Section 11. Section 4 -3 -10 is hereby amended to read as follows, 4-3 -10 Overcharging Prohibited 1. General: In order to preserve, protect or sustain life, health or safety of persons, or their property, within the City of Tybee during a declared emergency or subsequent recovery period, it shall be unlawful, for any person, firm, or corporation located or doing business in the City to overcharge for any goods, materials, foods, equipment, supplies, services, labor, motel/hotel rooms, temporary lodging or houses, sold or rented in the City. 2. Definitions: (a) Overcharging: The term "overcharging" is charging prices for goods, materials, foods, equipment, supplies, services, labor, motel/hotel rooms, temporary lodging, or houses, which are in excess of the customary charges by twenty -five (25 %)percent or, in applicable cases, in excess of the suppliers' or providers' costs for such goods, materials, foods, equipment, supplies, services, labor, motel/hotel rooms, temporary lodging, or houses, by twenty -five (25 %) percent. The existence of overcharging shall be presumed from a twenty -five (25)% increase in the price at which the merchandise or rate, fee, cost/rental of housing was offered in the usual course of business prior to the onset of the emergency, but shall not include increases in the cost to the supplier directly attributable to the higher cost of material, supplies and labor costs resulting from the emergency. (b) Subsequent Recovery Period: The term "subsequent recovery period" is defined as that period Page 3 of 7 1 1 1 4 -3 -1 Emergency Management during which the emergency continues to cause disruptions in the City , but shall not exceed six (6) months after the declaration of emergency has been terminated. (ORD. 1997 -129; 12/11/97) Section 12. Section 4 -3 -11 is hereby amended to read as follows 4 -3 -11 Zoning Regulations Suspended 1. General: In order to preserve, protect or sustain life, health or safety of persons, or their property, within the City of Tybee Island during a declared emergency or subsequent recovery period, temporary mobile /manufactured /industrialized homes, travel trailers, recreational vehicles, campers or mobile /manufactured/industrialized home parks, campgrounds, or other living areas, may be located on property approved by the Director or Acting Director of the city's Emergency Management Agency in any zoning district. (ORD. 1997 -130; 12/11/97) Section 13. Section 4 -3 -12 is hereby amended to read as follows 4-3 -12 Emergency Occupational Tax/Registration Fee 1. General: In order to preserve, protect, or sustain life, health or safety of persons, or their property, within the City of Tybee Island, during a declared emergency or subsequent recovery period, an emergency occupational tax/regulatory fee shall be obtained and posted at the work site in the City before any person, firm, or corporation conducts a business providing goods or services in the City. the cost for an occupational tax/regulatory fee shall be equal to the cost for a occupational tax/regulatory fee issued under current regulations for the business conducted. 2. Information To Be Provided: Applicants shall provide the following information when applying for an emergency Occupational tax/regulatory fee: a. Name of Applicant; b. Permanent address and telephone number of applicant; c. Local address and telephone number of applicant; d. Applicant's Social security Number or Federal Employer Identification Number; e. Applicant's date of birth and age if an individual; f. If applicant is a corporation, the state and date of incorporation; g. Tag registration for each vehicle to be used in the business; h. List of cities where business has been conducted in the past twelve (12) months; i. Georgia State Sales Tax number or authorization if applicable; j. State certification number if State licensing is required. k. Copy of occupational tax or regulatory fee certificate from municipality in which your business is registered. Page 4 of 7 1 1 1 4 -3 -1 Emergency Management The temporary occupational /regulatory tax application shall be signed under oath by the applicant. (ORD. 1997 -131; 12/11/97) Section 14. Section 4-3 -13 is hereby amended to read as follows 4 -3 -13 Emergency Building Permit 1. General: In order to preserve, protect, or sustain life, health or safety of persons, or their property, within the City of Tybee Island during a declared emergency or subsequent recovery period, an emergency building permit shall be obtained and posted at the work site in the city before any person, firm or corporation repairs any structure within the city. The cost of the emergency building permit shall be equal to the cost for a building permit under current regulations. The emergency building permit shall only be for authorized repairs. 2. Information To Be Provided: Applicants shall provide the following information when applying for an emergency building permit: a. Name of applicant; b. Permanent address and telephone number of applicant; c. Physical address of job site; d. Detailed description of repairs to be made; e. Contractor's name, address, telephone number and occupational tax/registration number; f. Name and registration number of all subcontractor's names, addresses, telephone numbers, and occupational tax/registration number; g. Estimated cost of repair; h. 2 sets of plans of repairs to be made; i. For structural damage, a certification from a structural engineer stating the integrity of the structure; The emergency building permit application shall be signed under oath by the applicant. (ORD. 1997- 132; 12/11/97) Section 15. Section 4 -3 -14 is hereby amended to read as follows 4-3 -14 Emergency Curfew and Closure or Restriction of Areas 1. General: In order to preserve, protect, or sustain life, health, or safety of persons, or their property, within the City of Tybee Island, during a declared emergency or subsequent recovery period, it shall be unlawful for any person to travel, loiter, wander, or stroll in or upon public streets, highways, roads, lanes, parks, beaches, or other public places, public buildings, places of amusement, eating places, vacant Page 5 of 7 1 1 1 4 -3 -1 Emergency Management lots, or any other place in the City, between the hours of 9:00 P.M. on any day and 6:00 A.M. of the following day, unless permitted by the Director of the City's Emergency Management Agency. 2. Reentry Restrictions on Certain Areas: In order to promote order, protect lives, minimize the potential for looting and other crimes, and facilitate recovery operations during a declared emergency or subsequent recovery period, the Director or Acting Director of the City's Emergency Management Agency shall have the discretion to impose reentry restrictions on certain areas of the City. The provisions of this section shall not apply in the following instances: a. Authorized rli ei personnel; b. Authorized health care providers; c. Authorized personnel of the City of Tybee Island; d. National Guard or Federal Military Personnel; e: Authorized firefighters; Emergency response personnel /volunteers working with or through CEMA, GEMA, or FEMA; g Authorized utilities repair crews; lCitizens pursuing legitimate means to restore order to their homes or businesses while on their own property or place of business, or while in route to or from said property or business; Other authorized persons approved by the Director or Acting Director of the City's Emergency Management Agency. (ORD> 1997 -133; 12/11/97) Section 16. Section 4 -3 -15 is hereby amended to read as follows 4 -3 -15 Intergovernmental Agreements 1. General: In order to preserve, protect, or sustain life, health or safety of persons, or their property, within the City of Tybee Island during a declared emergency or subsequent recovery period, one or more intergovernmental agreements may be adopted by Resolution of City Council to accomplish any or all of the provisions of this Chapter. (ORD. 1997-134; 12/11/97) 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 12th day of October, 2000 Mayor Walter W. Parker Page 6 of 7 1 1 1 4 -3 -1 Emergency Management City Clerk 1st Reading: 9/14/00 2nd Reading: 10/12/00 Enacted: 10/12/00 Page 7 of 7 1 1 4 -2 -12 Subscription jrb ORDINANCE NO. 2000-29 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 4 Public Safety, Chapter 2 Fire prevention and Protection, Section 12 Subscription Process, be amended to read as follows: Section 1. Section 4 -2 -12 is hereby amended to read as follows 4-2 -12 Subscription Process Property owners living outside the City limits of Tybee Island may eee pb' Tor Fire Services a:3 Subscribers - by signing an annual subscription agreement and pre -paying -the annual subscription fee. as provided basis at set rates. (1997 -40; 8/14/97)(2000 -29; 10/12/00) 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 12th day of October, 2000 Mayor Walter W. Parker City Clerk 1st Reading: 9/14/00 2nd Reading: 10/12/00 Enacted: 10/12/00 Page 1 of 1 1 1 1 4 -2 -13 Non Subscribers ORDINANCE NO. 2000-30 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 4 Public Safety, Chapter 2 Fire Prevention and Protection, Section 13 Non Subscribers Not Under Agreement, be deleted in its entirety: Section 1. Section 4 -2 -13 is hereby amended to read as follows 4 -2 -13 Non Subscribers Not Under Agreement Property - owners g outsido-the City Limits e- are -net "Subscribers ",-and who -are not - Fen Subscribers Under - Agreement" shall -be -termed -"Non Subscribers Not Under Agreement ", -and -the • individuals shall bo maintained on a separate list, and departmental personnel shall have the option of not responding -te -calls for service -at _these addresscs, -e -to provido lest services -as -would orally -be - Section 4 2 11 (c). Property - owners who -area Subscribers Not Under greement' hall-he notified by 4he City that -they -are -se classified, -and what-the charge -shall -be 4f-fire -and -reseue services -are (Ord. 1997 -115; 10 -23- 97)(2000 -30; 10/12/00) 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 12th day of October, 2000 Mayor Walter W. Parker City Clerk 1st Reading: 9/14/00 2nd Reading: 10/12/00 Enacted: 10/12/00 Page 1 of 1 1 1 STATE OF GEORGIA COUNTY 9F CHATHAM AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths, kJq / *A W , 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 1-2- day of q440.4 , 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. (3) The subject matter of the closed meeting or closed portion of the meeting held on the 1L- of Oc/ o4vP1 -, 2000, which was closed for the purpose(s) of if-Fi i/I- ie"-✓ 9- /1°"eev^Av2% as allowed by O.C.G.A., Title 50, Chapter 14, was devoted to matters within those exceptions and as provided by law. 1 1 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. A, This 121^ day of od . , 2000. Sworn to and subscribed before me this day of , 2000. Notary Public g: \common \emh\ 14536 \affiday.O 1 Mayor /Presiding Officer