Loading...
HomeMy Public PortalAbout20030508CCMeeting1 @ @ITEM 2003 -05 -08 Mayor Walter W. Parker called the regular May 8, 2003 City Council meeting to order at 7 P.M. The following members of Council were present: James Burke, Jack Youmans, Whitley Reynolds, Walter Crawford, Jason Buelterman and Richard Barrow. Council member Richard Barrow gave the invocation. The Pledge of Allegiance was recited. Mayor Parker presented Belinda Flanigan with a Proclamation in support of the Kiss a Pig campaign that she is running for in Savannah. The Kiss a Pig is being done in support of fighting diabetes. Warren Johnson addressed Council on the issue of his water bill stating that last year one billing was $184.00 and he was gone for 3 weeks of the billing cycle. Johnson read out his water bill history for the past 4 years — none over $80.00 — he could not get the meter open to check the reading so an employee from the City came and opened it and it was covered in dirt and sand. The employee said the meter reading was correct and he owed that amount to the City. Johnson said that he has been paying his regular bill but not this one. Crawford said your highest bill was $76.00 and Johnson answered yes. Cullen Chambers invited Mayor and Council and the audience to come to the Lighthouse wearing white shirts and dark pants or skirts for a human "Thank you" that will be photographed from the air on Saturday, May 17th at 9:30 A.M. Henry Levy commended the Chief of Police and all involved for the excellent job this past weekend. James Moore, Skipper of the MRS, presented Council with requests for three different items: 1. Since the cottage on the property cannot be moved and saved, the first request is help with the demolition and removal of debris. 2. Hurricane season is almost here and the height of it will be in September and the members would like the building command post to be completed. The MRS is designated to get $100,000.00 from SPLOST at the end of 2008 and would like Council to advance them $50,000.00 of the SPLOST in order to finish the construction. 3. A handout was given to Council that was a map of the property. MRS is requesting water access, a dock and a hoist. At this time we depend on private citizens for use of their docks and equipment. City Attorney and City Clerk will research records for any documents and deeds, etc. Amy Hughes and Rick Shore from Med Star gave a summary of the meeting held with City manger, Police Chief. Fire Chief and Zoning Administrator. Ms. Hughes asked if they had received a copy of the letter sent to them, they said yes. Ms. Hughes listed the items: 1. Restart the 1st Responder with complimentary training to firefighter and citizens. 2. EMT B training. 3. Will help implement. 4. Work with the Police Department. 5. Supplies to be provided Med Star. 6. Med Star will restock supplies. A second ambulance will be stationed on Tybee during the summer and also a bicycle crew was started last weekend. Med star will continue to be on Tybee for special events and because of traffic on and off island will station Life Star on Tybee. The landing area is the Lighthouse but we are working on being able to land closer to the incident. Ms. Hughes said that Tybee is working on getting grants for better communications. A lengthy discussion was held on the pros and cons of the 1st Responder, traffic on 1 1 Highway 80 being as it is one way lane to and from island, Chatham County Commissioners giving away EMS, training, etc. A new resident request Council that a handicapped person be able to take a motorized vehicle on the beach as there is no access for them now. This vehicle would be similar to what to police use on the beach now. Mayor Parker opened, asked for comments and closed the following public hearings according to law. Dick Smith, Chairman of the Planning Commission, presented the petitions. Smith presented a minor subdivision, 1 parcel into 3 lots, and a variance for lot reduction size, for Walter Crawford, 1200 block of Solomon Avenue, PIN 4- 21 -14 -1. Smith said the drainage plan has been submitted by Ward Edwards. Smith said one lot would be 21,000 sq. feet and 2 would be 6,000 sq. feet and meet all requirement of the code. The Planning Commission vote 5 in favor, 1 opposed and 2 commissioners were absent. Letters were read from Michael Counihan and Jeff Crammers stating they had no objections. A letter was read from Ron Bossism opposing the petition. Freda Rutherford opposed and read a portion of LDC Section 3 -030 Reduction in lot area saying the first half of the ordinance does not negate the second half and to please not open this barn door. Hughes said that this type of petition was before Council about 7 or 8 years ago fro Koncul for his Fort Screven parcel. Hughes said to let the records show that Council has before them the ordinance on variances and subdivisions. Crawford rebutted Rutherford by stating she did not read the entire section to Council. There are 3 reasons that Council can grant lot reduction in the ordinance and he stated the reasons going from (c) to (a). (c) Must be supplied by water and sewer. (b) Must meet all setbacks in zoning district, which all three can do. (a) Any lot formed must be consistent with existing surrounding development patterns, these lots are all larger. Smith presented the petition from Mary Grosse, The Sugar Shack, fro Special Review, for 2 residential units over commercial business, 301 First Street, PIN 4- 3 -15 -1. Smith said this has been allowed at Pizza on Wheels, the Sea Strand, and there are 2 apartments over Chu's 7 -11 and Planning Commission voted 5 in favor, 1 opposed, and 2 commissioners were absent. Bruce Grosse said that his mother came before Council a year ago requested to put a second floor because the present roof was falling in and this would give them storage space and a staff room for meetings. It has been an empty shell and we are just trying to put least impact in the area. There is plenty of parking for the second apartment and I work there so parking is not a problem for me. Parker said he does not have a problem with precedence, but that they came before Council and said storage only. Burke said they promised at that time not to do what they are doing now. Youmans stated that Council gave permission to build a room. Smith presented the LDC zoning amendment requested by council on Average Adjacent grade and height. After a long discussion Anderson, the Zoning Administrator, said RDC is working with the zoning department on clearing up some of the ordinances and this one is being discussed next week. Council agreed to wait until recommendations from the staff come to them before taking any action. Smith told council that the Planning Commission recommends that Council sell no more unopened rights -of -ways. Youmans asked for reasons. Smith said future use by City, green space, and drainage is a few. Crawford asked Hughes legal position on city selling right -of -way property. Hughes said the City must comply with State law. 1 1 1 Crawford informed Council the only difference now than in the past 50 years is that the revenue was put in the general fund and now it goes into a special fund for purchasing of green space. Buelterman said when this first came up the City was flooded with request, by selling at the appraised price, the funds derived can not come close to purchasing a property on Tybee. Crawford said that the City can make policy, point of fact, the green space ordinance are more restrictive that policy we had before and that they council can always vote no, or ask for more money than the appraisal. Mayor Parker opened the meeting for business legally presented. Burke moved to look into the possibility of erecting a flagpole out by the Tybee Welcome sign. Crawford seconded. Crawford moved that Council do everything they can to make sure a pole is erected and to fly the American flag. Burke seconded. Vote by Council was unanimous. Crawford moved to allow the City manger to write off the debt of the water bill for Warren Johnson. Youmans seconded. Vote by council was unanimous. Crawford moved to approve the request from the MRS for help with the Parker demolition and removal of the debris of the cottage. Burke seconded. Vote by Council was unanimous. Crawford moved to advance the MRS the $50,000 from SPLOST from the General Fund. Barrow seconded. Burke said to let the Finance Director find the appropriate place to get the money from. Barrow seconded. Burke said the City should pay the expenses by reimbursement by invoices turned in to the City. Crawford accepted the amendment. Youmans asked that an amendment be accepted stating that it be written somewhere that when the SPLOST revenues come in for the MRS that the City be reimbursed all money. Crawford accepted this amendment also. Vote by Council was unanimous. Crawford moved that City Attorney Hughes will look into the issue of water access by the next meeting. Barrow seconded. Vote by Council was unanimous. Burke asked Thomson what is the status of extending the crosswalks. Thomson answered this project should be starting within two weeks. Anderson to check with DNR on the request for a vehicle on the beach for handicapped citizens. Burke moved to approve the minor subdivision with lot reduction for Crawford 1200 block of Solomon PIN 4- 21 -14 -1 1 parcel into 3 lots. Youmans seconded. Buelterman said that he recommends that Crawford subdivide into 2 lots until he is not a member of Council. Vote by Council was 3 in favor Burke, Youmans and Barrow; 1 opposed Buelterman; 1 abstained Reynolds. Youmans moved to approve the requested from Mary Grosse for 2 residential units over the Sugar Shack. Crawford seconded. Vote by Council was 5 voting in favor (Youmans, Reynolds, Crawford, Buelterman and Barrow); 1 opposed (Burke). Buelterman moved to accept the minutes of April 24th and 30u1 as presented. Crawford seconded. Vote by Council was unanimous. Thomson presented the bid for the 14th Street parking lot drainage explained that 5 companies were sent information, pre construction was held, only 1 firm turned in a bid — I AM Construction. Parker said he is not sure this was a big problem and the City was going to leave alone. Crawford asked Thomson did he think that we would get more bids if we re- advertised the project. Crawford said if this is a legitimate contract he moves for acceptance. Barrow asked what the estimated cost of this project. Thomson said the 1 estimate and the 1 bid are consistent. Crawford asked if he had any idea of 1 1 what this project should cost. Thomson said the engineers said this was a good bid. Parker asked how the engineer firm knows the amount of the bid. Thomson said Ward Edwards did the plans and the bid process. Burke said the City does not need to tear up the parking lot in the height of the season. Council agreed to have the engineers look at this and bring back to Council. Buelterman moved to adopt Section 3 -1 -8 Acceptance of Credit Cards on first reading. Reynolds seconded. Vote by Council was unanimous. Thomson to talk with Todd Smith about Internet payments. Reynolds brought the sanitation sewer issue of Cason Avenue before Council saying he has a copy of the study somewhere. Burke said the $270,000 is for a lift station, grinder pumpsare needed. Buelterman said the Water Sewer Committee met and agree to have list and a follow up meeting. Youmans questioned where the money is coming from? Crawford said we have plenty coming from SPLOST $7,000,000 and these people have been paying City taxes and not getting the services for years. Burke moved to have decal parking only, removing all meters from eh Street to 13th Street from Butler Avenue to the beach. Crawford seconded. Vote by Council was 5 in favor (Burke, Reynolds, Crawford, Buelterman and Barrow); 1 opposed (Youmans). Youmans said that all meters should be removed from in front of anyone house. Parker said an ordinance is needed before any action is taken. Hughes told Council that the decal parking only cannot be enforced without an ordinance. Jason Cowan, Finance Director, presented Council with the following budget adjustments: Credit card issue — Crawford moved to approve the services of Payment Transaction Solutions — Burke seconded (unanimous); Axxess phone system reimbursement of $6,900 for equipment retuned from the police department. Buelterman moved to accept — Crawford seconded (unanimous); Beautification Committee $8,700 from Fund Balance Unreserved — Crawford moved — Burke seconded (unanimous); 2 for Tybee Arts $1,834.83 Crawford moved — Reynolds seconded (Unanimous) and $3,000 Crawford moved — Burke seconded. (Youmans opposed) from Fund Balance Unreserved; Yeepies $3,000 Fund Balance Unreserved — Buelterman moved — Reynolds seconded. Tie vote Reynolds, Buelterman and Barrow in favor; Burke, Youmans and Crawford opposed. Mayor Parker broke the tie by voting in favor of this adjustment; Advertising $4,027 from Fund Balance Un reserved — Crawford moved — Youmans seconded (unanimous). Cowan asked that Council approved in concept the new contract on cell towers after review by City Attorney. Burke moved, Reynolds seconded. A unanimous vote was taken. Buelterman moved that Thomson write a letter to U.S. Cable from the council with a response time of June 1st on the question of taping the City meetings. Crawford seconded. A lady who works for the cable company said if the City tapes the meetings and drops them off at the cable office that they will air them on Channel 11. Motion was amended that Thomson is to work with U.S. Cable. Vote by Council was unanimous. Buelterman moved that Thomson write a letter to U.S. Cable concerning fees that are owed the City since 1995. Crawford seconded. Vote by council was unanimous. Resolutions and letters will push it along. Crawford said a special meeting for the new Master Plan for Tybee Island needs to be set — W/S resources — drainage, Ward Edwards — authorize City Manager to pursue 1 1 1 plan. Crawford moved to have Thomson get water sewer line maps from H.G.B. & DeY. and drainage plans from Ward Edwards. Burke seconded. Vote by Council was unanimous. Burke moved to adopt Section 2 -4 -6.1 Drug -Free Testing Policy on its first reading. Crawford seconded. Vote by Council was 5 in favor (Burke, Reynolds, Crawford, Buelterman and Barrow); 1 opposed (Youmans). Thomson told Council that Ward Edwards was still working on Topo and survey of Solomon at a cost of $10,100 and Van Horn/Ocean view Ct at a cost of $9,000 and will have the information before the workshop. Crawford moved to all have of the curb formations (steel forms) and orange cones removed from the Park of the 7 Flags within the week. Burke seconded. Vote by Council was unanimous. A short discussion was held on the paving of 7`h Street. Crawford moved to hold the last payment until Council is satisfied. Burke seconded. Normally this is up to the engineers. Burke withdrew his second. Reynolds moved to adopt Section 9 -5 -1 Beach Rules and Regulations on its second reading. Buelterman seconded. Vote by Council was unanimous. Buelterman moved for executive session to discuss personnel, litigation and real estate. Crawford seconded. After reconvening the regular meeting, Crawford moved to appoint Diane Sikes as Deputy Clerk of Council. Youmans seconded. Vote by Council was unanimous. Parker adjourned the meeting, as there was no further business to come before Council. This is the last time the Clerk of Council, Jacquelyn Katherine Register Brown, will attend a Council meeting before retiring June 30, 2003. Clerk of Council Mayor Walter W. Parker 1 1 1 PROCLAMATION KISS A PIG Whereas, Diabetes is a condition in which the body cannot make use of sugar, and is a major cause of amputation, blindness, kidney failure, heart disease, stroke and death: and Whereas, until 1921 there was no treatment and diabetics always dies from the disease; and Whereas, in 1921 Insulin, which helps diabetics live a more normal life, was derived from the pancreas of a pig; and Whereas, the American Diabetes Association's fund raiser is held each year to Kiss -A -Pig as a way of saying "thanks" for helping save lives; and Whereas, "Kiss -A -Pig" as first held in Savannah in 1993 and has steadily grown so that today, Savannah's "Kiss -A -Pig" campaign has reached national prominence in creativity, innovation, and in terms of dollars raised; and Whereas, the Savannah "Kiss -A -Pig" campaign has been featured in numerous national publications including Southern Living, and last year raised over $266,000; and Whereas, Tybee Island's participation in this nationally known fund raiser serves to boost our image as a community with caring hearts and helping hands, while providing funds for much needed medical research to cure this dread disease; and Whereas, Kiss -A -Pig candidates from Tybee in 1999, 2001, and 2002, each raised significant monies for The American Diabetes Association; and Whereas, this year's candidate, Belinda Flanigan, selflessly agreed to serve as Tybee's candidate — devoting all her time and energy to raising money and relinquishing all claims t a normal life for the period from March 20th until the finale on May 17th; and Whereas, Tybee's Volunteer Fire Department raised over $3,850 for Belinda Flannigan's campaign with a boot drive on April 19th; and Whereas, Tybee Island's private citizens, business owners, and American Legion Post 154, have rallied behind Belinda Flanigan by sponsoring and attending, fishing tournaments, fish fries, cruises, dances, barbeques, "fanny" contest, raffles, and other hilarious fund raisers, making this a true community effort; and Whereas, Belinda Flanigan's campaign name is "Sugar Beater, The Diabetes Defeater" in keeping with the 2003 theme — "Super Heroes "; and Whereas, the letters "S.W.A.T." on the campaign team shirt stands for Sugar Beaters Working At Tybee, and; Whereas, said shirts are recognized throughout the greater Chatham Savannah metro area as being TYBEE's campaign team. THEREFORE, I, Mayor Walter W. Parker, urge all citizens at Tybee Island to help this effort to raise money, have Belinda Kiss A Pig and show the metro area that Tybee Island is a force to be reckoned with and proclaim the days from now through May 17`x' as "Help Belinda Flanigan KISS A PIG Days at Tybee Island" Adopted this 8th day of May, 2003 Mayor Walter W. Parker The City of Tybee Island Budget Adjustment Worksheet Date: May 5, 2003 Dept: City Manager Account # Account Name 100- 6110 -52 -3300 Advertising Debit 4,027.00 Credit 00 -13 -4220 Fund Balance Unreserved Undesig $ 4,027.00 1 Reason For Adjustment: This adjustment if for advertising the City of Tybee in Community Communications Inc. as a tourist destination. Dept. Head Signature: The City of Tybee Island Budget Adjustment Worksheet Date: May 5, 2003 Dept: City Manager Account # Account Name 100- 6190 -53 -1100 Yeepies Debit Credit $ 3,000.00 00 -13 -4220 Fund Balance Unreserved Undesig $ 3,000.00 1 Reason For Adjustment: Normal annual allocation not included in original budget. Dept. Head Signature: 1 The City of Tybee Island Budget Adjustment Worksheet Date: May 5, 2003 Dept: City Manager Account # Account Name Debit Credit 100 - 6173 -57 -2000 Tybee Arts Association $ 3,000.00 00 -13 -4220 Fund Balance Unreserved Undesig $ 3,000.00 Reason For Adjustment: Normal annual allocation not included in original budget. Dept. Head Signature: 1 The City of Tybee Island Budget Adjustment Worksheet Date: May 5, 2003 Dept: City Manager Account # Account Name 100 - 6173 -57 -2000 Tybee Arts Association Debit Credit $ 1,834.83 00 -13 -4220 Fund Balance Unreserved Undesig $ 1,834.83 Reason For Adjustment: This request relates to FY 02 expenses that were never reimbursed by the city. See attached documentation for additional support. Dept. Head Signature: 1 The City of Tybee Island Budget Adjustment Worksheet Date: April 28, 2003 Dept: City Manager Account # Account Name Debit Credit 100 - 6230 -53 -1100 Beautification Committee $ 8,700.00 00 -13 -4220 Fund Balance Unreserved Undesig $ 8,700.00 Reason For Adjustment: See Attached Support Dept. Head Signature: 1 9 -5 -1 Beach Rules 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 Licensing and Regulations, Chapter 5 Beach Rules and Regulations, Section 1 Beach Rules and Regulations for Use of the Municipal Beaches, be amended to read as follows: Section 1. Section 9 -5 -1 is hereby amended to read as follows 9 -5 -1 RULES AND REGULATIONS FOR USE OF THE MUNICIPAL BEACHES. (a) All persons entering upon the public beaches, or structures erected thereon, shall comply with the following rules and regulations, and failure to do so shall constitute a violation of this ordinance; (1) Swim within 50 yards of shoreline. It shall be unlawful for any person to swim outside of the area extending 50 yards from the water's edge. (2) Place litter in trash containers. It shall be unlawful to throw, place, deposit, sweep or scatter, or cause to be thrown, placed, deposited, swept, or scattered, any paper, food, bottles, cans, trash, fruit peelings or other refuse upon the beaches or structures erected thereon. Beach goers must contain their trash at all times. (3) No glass or breakable containers. It shall be unlawful for any person to take or carry upon the beaches or structures erected thereon any glass or breakable containers. (4) No pets It shall be unlawful for any person who shall own, or be in control of, or be in charge of, any dog or other pet, to allow or take that dog or other pet upon the beaches or structures erected thereon. This does not include properly certified guide dogs, or similar animals assisting the blind, deaf, or other physically handicapped persons. (5) No motorized vehicles. It shall be unlawful for any person to take any motorized vehicle on to the beaches or structures erected thereon. This ins\includes automobiles, trucks, motorcycles, all - terrain- vehicles and similar motor driven vehicles and craft. This does not include properly marked emergency vehicles while in the course of an emergency operation, or maintenance /utility vehicles in the employ of the City of Tybee Island or similar governmental entity and engaged in a legitimate operation. (6) No motorized watercraft. It shall be unlawful for any person to operate any motorized watercraft, such as a jetski, motor boat, and similar craft, within 1,000 feet of the waterline on any part of the beach between the north and south rock jetties. (7) No fires. It shall be unlawful for any person to build or maintain any type of open fire on the beach, including any type of charcoal fire, whether or not in a grill or similar container. (8) No disturbing of dune vegetation or walking in the dunes. It shall be unlawful for any person to pick, gather, remove, walk in the dunes, or otherwise disturb the vegetation present on sand dunes, including sea oats. (9) Surfboarding and fishing only in designated areas. No person shall operate a surfboard or fish except in areas designated for such purposes. (10) Obey the commands of lifeguards. It shall be unlawful for any person to deliberately disobey any reasonable command of a duly appointed and identified lifeguard while in the legitimate performance of his or her duty, such commands being intended to ensure the safety of persons using the beach and any structures erected thereon. (11) No disorderly conduct or endangerment of self or others. It shall be unlawful for any person to come upon the beaches or structures erected thereon, and individually or in concert with others, do any act or create any condition which does or is calculated to encourage, aid, abet, or start a riot, public disorder or disturbance of the peace; and it shall not be necessary to prove that that person was solely responsible for that riot, public disorder or disturbance of the peace, but only that his or her appearance, manner, conduct, attire, condition, status or general demeanor Page 1 of 3 1 1 1 9 -5 -1 Beach Rules was a motivating factor that resulted in the riot, public disorder or disturbance of the peace. Any person who refuses when commanded by a police officer or other enforcement official of the city to leave the beach or structures erected thereon immediately, shall be guilty of an offense for refusal to obey the order or command of a police officer or other enforcement official of the city, and deemed to be a rioter or disturber of the peace. It shall also be unlawful for any person to come upon the beaches or structures erected thereon and act in any way which is likely to cause endangerment to himself, herself, or others. (12) No nudity on beaches. (13) No beer kegs shall be allowed on the municipal beaches. The presence of beer kegs on the beach is often associated with underage drinking, littering, public intoxication and disorderly conduct and because such activities are in direct conflict with family recreation, such containers and similar devices for dispensing of large quantities of alcoholic beverages are expressly prohibited.(Ord. 2000 -21; 7/13/2000) b) Exceptions to any of the above rules and regulations may be allowed by way of a special permit grant by the Mayor and Council of the City of Tybee Island. c) Enforcement of these rules and regulations shall be by employees of the Tybee Island Police Department or the City Marshal. The duly employed Police and City Marshal are authorized to require persons using the beach or structures erected thereon to obey reasonable commands designed to protect the public and public property, and the failure to obey any lawful command of those individuals shall be a violation of this ordinance. d) Penalty for violation. Any person convicted of violating any of the provisions of this section shall be punished by a fine not to exceed $1000.00 or imprisonment for a term not exceeding six (6) months and to perform community service for a period not exceeding 60 days, any or all such penalties in the discretion of the recorder judge. When found by an employee as described above, the person responsible for the violation will be issued a citation and subpoena which names the violation and establishes a date for the violator to appear in court to answer the charge. Violators may elect to pay the fine without appearing in court; such action shall constitute a plea of guilty to the charge. When confronted with a violation, enforcing officers may exercise discretion to the point of transporting violators without delay to the Police Station for the purpose of posting bond in order to ensure their appearance in court. e) Severability. The provisions of this ordinance are severable. If any section of this ordinance is declared unconstitutional, illegal, or void, it shall not affect or impair any of the remaining sections of this ordinance. f) Repealer. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. (2; 2/13/97)(Ord. 1998 -13; 6/11/98)(Ord. 1998 -16; 7/23/98) 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 day of , 2003 Mayor Walter W. Parker Page 2 of 3 1 1 1 9 -5 -1 Beach Rules City Clerk 1st Reading: 4/24/03 2nd Reading: 5/8/03 Enacted: 5/8/03 Page 3 of 3 1 1 STATE OF GEORGIA COUNTY OF CHATHAM ) AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths, \' L77,.4. pt.1 , 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 day ofy , 2003. (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 ofd} g -V.Qnssv -4 , 2003, which was closed for the purpose(s) of 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. (5) This affidavit is being executed for the purpose of complying with the mandate of 1 1 1 O.C.G.A. ' 50- 14 -4(b) that such an affidavit be executed. This SI day of Sworn to and sub ribed before me this day of , 2003. Pr6ta-L,) g:\common \emh\ 14536\affiday.02