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HomeMy Public PortalAbout20040212CCMeeting1 1 1 2004 -02 -12 City Council Minutes Mayor Walter Parker called the February 12, 2004 City Council Meeting to order at 7:03 PM. Those present were Council Members Paul Wolff, Jack Youmans, Shirley Sessions, Jason Buelterman, Eddie Crone and Mallory Pearce. Also, in attendance, were City Manager Bob Thomson and City Attorney Edward Hughes. Henry Levy gave the invocation and everyone recited the Pledge of Allegiance. Mayor Parker said he had a letter from J. R. Roseberry recommended approval of the gym. Parker said Roseberry was out of the country so he didn't know what happened and that it was already approved, and so in that case, the letter didn't need to be read. Lwanna Tsoulos announced that Inaugural Ball tickets were available for anyone who needs them. Kathryn Williams, representing the Tybee Beautification Assn., announced the Adopt a Highway Clean Up at 9:00 AM Saturday, February 28, 2004. She asked for all to meet at the Tybee Island sign and help clean Highway 80. Williams said her group had been working very closely with the Tybee Dept. of Public Works on a tree planting to take place later in the year in Jaycee Park. She said new bird habitat was the objective of this project. They had also added 2 bluebird houses in that area. Williams said she had some information regarding the Great America Clean-up, sponsored by the Georgia Department of Community Affairs, which will take place in April. She said TBA already had a Beach Sweep scheduled in April. She also added some areas on the Island that might need some attention, such as, ditches along Solomon Ave., ditch on Bay St. and the marshes on 6th and 12th St. She also said a mail -out might be helpful. Mayor Parker said the City had received a plaque, from the Nation League of Cities, recognizing the City of Tybee Island for 15 years of membership. Mayor Parker opened the following public hearings, asked for comments and closed them, according to law. Dick Smith, Chairman of the Planning Commission, presented the following requests for public hearings. The first request was a variance for a continuing non - conforming structure for Tim Fuller at 1005 Lovell Ave. PIN 4- 0006 -13 -012. Smith said Fuller is requesting to build a deck and that will square off the house. Smith said the P. C. approved the request. 1 1 1 Smith the next request was for a text amendment to Sec. 3 -070 (A) — Accessory Structures and a special review for approval a site plan for a 34 -unit condominium, commercial docks, restaurant w/bar, marina, retail and charters for Lazaretto Devel. LLC. At 1 Old Tybee Rd. PIN 4- 0024 -01 -005. City Attorney Hughes said that there are 2 zoning actions requested regarding the Lazaretto Creek area. Hughes said when you have 2 zoning actions requested in 1 application, the Code permits the public hearings to be conducted simultaneously, but the vote has to be separate. Smith continued with the text amendment request, saying that the text now only allows 1 principal structure on a lot and they are requesting to allow more than 1 in the Maritime District. Smith said the P. C. voted to deny this request. Smith said the review of the site plan for the condos and other uses was also denied by the P. C. Tom Mahoney, attorney for Lazaretto Devel., spoke and said that he did not believe the text amendment was necessary, as did the City Attorney. Mahoney said the multi uses have been on that property for years. He said that if the text amendment were not granted, then all of the buildings and uses that are there now, would have to be struck down and start over. Mahoney said the Tybee Code allows for condos in this district after special review. He said they are not requesting any variances; they have enough parking and can meet current requirements. He said they have 68 parking spaces for the condos, 2 for each unit, 33 spaces for the dock and other uses and 10 spaces for the restaurant. Mahoney said he does not believe there is a water /sewer shortage. He compared Lazaretto Creek with Shimm Creek in South Carolina, saying Shimm Creek has shrimp boat docks, office space and condos about 1 block away. Mahoney said his clients know they will have to provide the water and sewer. He said they don't know where the lines will go and the City may have to get involved with that. He said this possibly could give the City options to serve more customers, thereby creating more revenue. Sessions asked if Mahoney was familiar with Sec. 5 -110, which discusses the standards for zoning ordinance or map amendment approval. She said the Council is supposed to consider the land use code, population density, the increase load on facility infrastructure and the impact on the environment, just to mention a few of the considerations. She said they were also to consider Sec. 5- 070, as to what impact the change would have as far as nuisance or hazards. Sessions also said they were to consider how the change would comply with the City's Master Plan. Mahoney said that he thinks they addressed the parking issues, with 111 spaces available on the plan. He said there is also room for more. Mahoney said there is no real requirement in the code for required spaces for a dock or marina. Mayor Parker asked if 10 spaces was a reasonable number for a restaurant. Dee Anderson said yes, for a 40 seat restaurant, 1 space for every 4 chairs. There was some discussion regarding boatel requirements. Buelterman said parking at a marina was an issue with AJ's, when they came before us. Buelterman said we should address this before someone else comes in. Pearce asked about duplex units instead of condos. Mahoney said this was the design by the owners. Sessions said she keeps going back to the Master Plan and though out, the Lazaretto Creek area is mentioned. She said she had a document from the Chamber of Commerce, and it states that the chamber of commerce will encourage the development of a Historic Wharf area along the Lazaretto Creek. She continued and said this area would have fishing vessels, shops, dolphin watches, pedestrian and bicycle paths. Sessions said that she did not understand what the intent was of the letter that Mahoney gave to the Council tonight. Mahoney said that, by law, he was required to send that type 1 of letter to preserve his client's rights, and it is not meant as a threat. Sessions said it sounded a little threatening. Buelterman asked about the multiple uses on that property. Hughes said that while it is true that there are multiple structures and uses on the property, it has always been that way. He said this is the first new structure. 3 -070 Accessory Structure only allows one principle structure, and that make this non- conforming. Hughes said that in his opinion, in order to add a new structure, a text amendment is required. Lynn Eaton, a property owner and resident of Spanish Hammock, spoke regarding the quality of life issues. She said she and her husband have taken extraordinary steps to preserve the natural habitat for the birds and wildlife. She said there have been films made and pictures taken from her dock. This proposal would destroy the skyline, ground water and the storm drainage would run right into the Creek. She said there is also marsh die back that cannot be explained. This surely would contribute to this phenomenon. She urged Council to deny this proposal. Rachel Perkins spoke against the development and urged Council to adhere to the Master Plan. She said this area is designated for recreational, commercial and cultural use. Edwin Longwater also spoke against the proposal. He said safety, storm drainage, dock extension, old condemned structure over the water and parking as problems. Frank Mathews said he had a "zillion reasons" for not approving the condos on this property. He said this was maritime district and was not designed for residential use. The muck and pilings in the area would not support this kind of development. And, he said, comparing Lazaretto Creek to Shimm Creek is like comparing apples and oranges — there is no comparison. He also urged disapproval. Betty Mclendon said she admired each one who served, because theirs was a thankless job. She said developers were paving paradise and laughing all the way to the bank. David Postle and Bill Walsh spoke in opposition to the development. Pat Locklear said he always thought Lazaretto Creek was the one place that condos would fit. He told Council that if they meet requirements then approve and if they don't meet them, then don't approve. Cullen Chambers said if developers had any sensitivity, they wouldn't be doing this. He said people come here because the Tybee quality of life is not found anywhere else. Henry Levy said that Lazaretto Creek is the only maritime area we have left. He said we need to preserve what we have and not destroy it. Tom Mahoney said that drainage would not be an issue and parking would be a permeable surface. He said these are not high rolling developers and they had been on the Island for a long time. Mayor Parker said he would like to interrupt the public hearings to introduce Mary Ann Hines who is running for the 4th District Chatham County Commission seat. He invited Ms. Hines to come back and speak to the Tybee citizens. Smith presented the request for a variance to remove an existing old structure and rebuild in the same footprint that encroaches into the setbacks for Gary Sanders at 5 2nd Terrace, PIN 4- 0004 -05 -005. Smith said the P. C, approved the request. Parker asked what our ordinances say about removing structures. Chuck Bargeron said there is nothing in the code but we contact Cullen Chambers at the Historic Society as a courtesy and give him a chance to see if structure can be saved and try to find a place for it. Hughes said if a structure is destroyed by an Act of God, it could be rebuilt the same. This is a substandard lot and some are more substandard than others, everyone is different. Wolff 1 1 1 asked if any paving could be a permeable product. Paul Ewaldsen spoke in favor of the request. Smith presented a request for a site plan approval for an office building for Buddy Blauth at 1006 Highway 80, PIN 3- 0026 -11 -003. He said Blauth is requested no variances. Smith said the P. C, approved the request. Jim Stone, the architect, said the parking requirement has been met and will be a permeable surface. There will be a court yard with pavers and grass planted between. The building will be ADA compliant and will house offices for real estate, doctors, lawyers and brokers, just to name a few possible tenants. There was a comment from the audience that this is what Tybee needs. The gentleman said this would bring jobs and people. Smith presented the last request for a text amendment for Sect. 4 -050, E — (a), (b), (c), to establish limited multi - family use in the Cl District. Smith said this amendment would change this section back to the way it was before the last change by the previous Council. Smith said the P. C. approved the amendment. Mayor Parker opened the meeting for business legally presented. Sessions motioned for approval of the variance at 1005 Lovell Avenue, Pearce seconded. Vote was unanimous. Sessions motioned to table the text amendment to Sec. 3 -070, Pearce seconded. Vote was 5, Wolff, Sessions, Buelterman, Crone and Pearce, in favor, and 1, Youmans, opposed. Sessions motioned to deny the site plan approval for 34 -unit condo at 1 Old Highway 80, Pearce seconded. Vote was 5, Wolff, Sessions, Buelterman, Crone and Pearce, in favor of denial, and 1, Youmans, opposed. Wolff motioned for approval of the variance for 5 2nd Terrace, contingent on the paving being a permeable surface, Pearce seconded. Vote was 5, Wolff, Sessions, Buelterman, Crone and Pearce, in favor, and 1, Youmans, opposed. Wolff motioned for approval of the site plan for an office building at 1006 Highway 80, Pearce seconded. Vote was unanimous. Wolff motioned for approval of 1st reading of the text amendment to Sec. 4 -050 Cl District to limit multi - family use in certain areas, Pearce seconded. Vote was 4, Wolff, Sessions, Buelterman and Pearce, in favor, and 2, Youmans and Crone, opposed. Sessions said we should look at the Maritime District closer and motioned for a 60 -day moratorium on applications for building in the Maritime District pending review of the water /sewer, the parking concerns and the other issues that were brought up tonight that would mirror the Master Plan, Pearce seconded. Hughes said that in the past we had to advertise, have 1st and 2nd readings in order to approve a moratorium. He said after a 1 1 1 recent ruling by the Supreme Court, that is no longer required for a short term moratorium. Sessions said to send it to the Planning Commission and let them bring some ideas and recommendations to us at the March meeting. Youmans said to tell them that the whole Lazaretto Creek area is not in the Maritime District. Vote was 5, Wolff, Sessions, Buelterman, Crone and Pearce, in favor of the moratorium, and 1, Youmans, opposed. Wolff motioned for approval of the minutes for the January 22, 2004 meeting with a correction, Pearce seconded. Vote was unanimous. Pearce motioned for approval of the minutes for the January 29, 2004 Special meeting, Wolff seconded. Vote was unanimous. The following Alcohol Beverage Licenses were presented for approval. It was noted that all had been checked and approved by Police Chief Jimmy Price. Sting Ray's — Rogers —1403 Butler Ave. — Pearce motioned, Wolff 2nd, & vote unan. Cousin Vinnies' — Henderson —1516 Butler Ave. — Pearce motioned, Wolff 2nd, vote unan. Doc's — Howard —10 Tybrisa — Pearce motioned, Wolff 2nd, & vote unan. Wind Rose — Klein —19 Tybrisa — Pearce motioned, Wolff 2nd & vote unan. Cafe Loco — Solomon —1 Old Hwy 80 — Pearce motioned, Wolff 2nd & vote unan Quarter — Barlow — 604 1st St. — Pearce motioned, Wolff 2nd & vote unan Foster's — Seyden — 725 1st St. — Pearce motioned, Wolff 2nd & vote unan MacElwee's — Coffey —101 Lovell Ave. — Pearce motioned, Wolff 2nd & vote unan Mayor Parker also said that Tybee Times had completed the requirements to be eligible for Sunday sales. Parker it had been inspected and the Chief had also approved. Mr. Kellam is the owner and it is located at 1603 Strand. Pearce motioned for approval, Wolff seconded. Vote was unanimous. Mayor Parker introduced Mark Williams, the new Director of the Water /Sewer Department. He welcomed Williams and told him he was glad to have him with us. Mayor Parker called for a 5- minute break. Mayor Parker called the meeting back to order after the break. Claire Price presented Council a new Special Event Application package that she said would make approval easier and give the Council member more information. She said there were no new ordinances; the existing ones just have to be enforced. Price said there is now a $100 Processing Fee to cover the cost of checking with all departments and to make sure the applicant has complied with all of the requirements. Youmans requested that a copy of all of the expenses of each event be given to Council. Jay Burke and Frank Hiers requested a permit to hold a St. Patrick's Day Parade. Burke said the parade will be held on Saturday, March 13, 2004 at 3 PM. It will begin at Memorial Park and end at the Pier. Burke also urged the Mayor, Council members, City Manager, Fire Chief and Police Chief to participate. Burke said this event is for the 1 1 community and to try to bring people together. Sessions asked about the $1500 that the City donates to this event. Thomson said this a budgeted expense and has its own line item number. Price said since there were no problems last year, there will be no charge to the organizers. Burke urged everyone to attend. Jack Boylston requested a permit for a Tybee 500 End of the Road Festival. Boylston said Chuck Bargeron had been involved in sailing for years and has put Tybee in the forefront. This festival is for the sailors that choose not to continue on for the next 500 miles of the race. He said there would be music in the 14th & 14th Street parking lot. He said the cost would be $962. for the cost of the parking lot. Buelterman asked about the noise level. Boylston said that should not be a problem with the way they are projecting the music. Sessions asked if they knew how many would attend and if payment was made up front, split or all paid after the event. Boylston said he expected roughly 1500 people. Price said they would pay $1000. up front and the balance after the event and the expenses were tallied. Pearce motioned for approval, Crone seconded. Vote was unanimous. Youmans told Boylston to bring tickets to Price so he would know where to go to get his. Wolff said they had failed to approve the St. Patrick's Parade and motioned for approval. Pearce seconded and the vote was unanimous. Price presented the request for a permit for Bicycle Across Georgia. She said the organizer was in Atlanta and unable to attend the meeting. She said they had been holding this event for about 25 years and they were well organized. Price said they wanted to end at the Lighthouse and she had talked to Cullen Chambers and he agreed. Price said they would like to use the lot on Miller Avenue to park about 20 cars. Youmans said the City has to pay for that lot every month anyway, so we don't need to charge them. Sessions asked about insurance and Price said we require a copy of their certificate. Pearce motioned for approval, Buelterman seconded. Vote was unanimous. Buelterman motioned to send requests for purchase of City owned property to the Planning Commission before they come before Council. Pearce seconded. Youmans asked why. Buelterman said the P. C. could look at the requests closer and have more time to consider consequences. Vote was 5, Wolff, Sessions, Buelterman, Crone and Pearce, in favor, and 1, Youmans, opposed. Buelterman said that since the meetings have been televised, he has received a lot of questions regarding different departments and what was happening with different projects. He motioned to require some of the major department heads to attend the 2nd Council meeting, in the month and give reports on projects. Wolff seconded. Hughes said to be aware that instructions should come from Thomson and not Council members. Buelterman also suggested that if any Council member had a particular question, he /she should submit it to Thomson 1 week prior to the meeting. Vote was unanimous. Buelterman also suggested that the planning companies should address the issues in the Maritime District. There was discussion concerning GMA or RDC also helping with this 1 1 issue. Hughes suggested that they get a proposal for Lazaretto Creek from each of the firms and see which one does the best job for us. Thomson is to get in touch with each and set up the review. Buelterman said this next item was not on the agenda but he would like to suggest that a representative from Comcast come to a meeting. Thomson said he would contact them and ask someone to come to the next meeting and speak to Council and answer any questions. Buelterman also said to make sure they continue to televise our meetings. Buelterman said he would like to schedule a tree planting in Jaycee Park for the end of this month. He said they did this last year and he would like to make it an annual event. Youmans said the trees would interfere with activities in the park. Buelterman said because there are some concerns, he will ask that this be placed on the agenda for the next meeting and answer any questions at that time. Sessions said the Growth Management Ordinance should be amended to correct the expiration date. Wolff asked if it could be left open ended. Hughes said we could and use "at the end of a 12 -month period from the approved date" and not put a date in there. Wolff motioned to send to Planning Commission for review, Sessions seconded. Buelterman said he hated to send so much to the Planning Commission at one time, and suggested we hold this until next month. That was agreed on. Vote was 5, Wolff, Sessions, Buelterman, Crone and Pearce, for approval, and 1, Youmans, opposed. Sessions said that Jack Youmans had brought it up that the non -profit organizations were to receive some funds if there was an overage from the 1998 SPLOST. Sessions said she would like to see these funds given out. Youmans said he thought these non - profits were to be paid out of these funds if there was an overage. Thomson said he would get figures as to how much was received and left over. Thomson said he would have the information at the next Council meeting. Sessions said she would like to have the contracts with the YMCA and the Savannah Chamber of Commerce reviewed. She said the newly organized Audit Committee could possibly take this on and make recommendations to Council. Wolff said they could review the non - profit organizations, which have contracts, also. Hughes said if someone will let him know what the concerns are about the contracts, he would see what could be done about them. Buelterman said he would like to know when the penny hotel/motel tax, that we give the Trade Center, expires. Hughes said we have a contract with the Trade Center which expires year after next. Hughes said we couldn't collect the tax unless we give it to them even without a contract. He said he would check and make sure, also, check the expiration date. Thomson had a copy of the contract, which Hughes checked, and said it expired December 1, 2006. Buelterman asked if we could check to see if we could keep that 1% for operation and maintenance of our facility. Hughes said that only the Legislature could change that. Hughes suggested contacting Burke Day and get his thoughts. In finding out that the funds could not be spent on just a gym, Buelterman suggested just explore the possibilities. 1 1 Sessions said she had sent an Action -Item List today so that we could keep up with items that are suggested at meetings and not let something perhaps fall through the cracks. For example, she said, the certificate for April Moore that supposed to be done 2 meetings ago. Sessions said we still haven't done it. Parker said I have it right here. Parker said Moore is not here tonight and we'll present it when she is present to accept. Pearce said he thought the Audit Committee had already been approved. Parker said it should be in ordinance form. Pearce said he would go on to a proposed Environmental/Ecotourism Committee and explain a little about it. Pearce said they would search out areas for green space, check unused City property and unopened rights of way, for this purpose. He said they would seek grants and make recommendations to Council. Pearce motioned for approval for this committee, Wolff seconded. Buelterman asked if they would accept the Nature Bike Trails, Pearce said yes, he would accept it. Vote was 5, Wolff, Sessions, Buelterman, Crone and Pearce, and 1, Youmans, opposed. Pearce then recommended the following people to serve on this committee, Mike Scarbrough, Paul DeVivo, Deb Barreiro, Lawanna Tsoulos Debbie Kearney and a representative from the Marine Science Center to be named by them. Wolff named Annie Quinting and Buelterman named Jim Boyle. Pearce motioned for approval of the recommendations, Sessions seconded. Pearce said that others might be named later. Vote was 5, Wolff, Sessions, Buelterman, Crone and Pearce, and 1, Youmans, opposed. Hughes asked if this was to be a formal committee and Pearce answered no. Pearce said he would take responsibility to organize and call the first meeting. Wolff said he had talked to the Zoning Department and Mark Williams, Director of Water Department, and they had set up some basic guidelines for the promotion of shallow wells. Wolff said some of the guidelines were, a $50. fee to help cover the cost of inspections and the removal of the existing irrigation meter, requirement to call the locate number for underground cables and lines, require the pump to be located above flood stage or, in the case of extremely low areas, be placed on a 2 -foot platform, the well cannot be connected to the water supply to the house, have signs posted at outlets that it is not potable water, and once the well is finished, the owner is to call for inspection and removal of the existing irrigation meter. Wolff said the City Manager had approved no longer taking applications for the installation of irrigation meters. He asked if that needed a resolution. Thomson said no, he was handling that administratively. Wolff motioned that the City not permit any more water meters that are strictly for irrigation, Youmans seconded. Vote was unanimous. Wolff said the Water /Sewer was concerned about the meter buy -back in that it would affect his budget. Wolff offered a 3 -year program and wanted to know if that was feasible. Parker suggested working with the water billing and reducing that a certain amount each month. The concern with that is the bond we have. Thomson said transferring the funds between the Water /Sewer Fund and the General Fund could do it. Wolff shared some information concerning a water shortage in the Philippines. He said in Manila, couples are urged to share bathtubs and take baths together in order to conserve water. Buelterman asked if the people who conducted our water study could come to the next meeting and answer any questions. Parker said that we have already permitted over 100 units that will impact our system greatly. He said these units would certainly take us close to our limit. Wolff also said he 1 1 1 is researching converting beachside restrooms and showers to shallow wells. Parker suggested a City well somewhere in the center of the Island and piping the water. Wolff said hopefully he would have some additional information by the next meeting. Hughes said we should have the discussion at the 2nd meeting this month (February) regarding the 4 -year staggered terms. Wolff motioned to approve the organization of the Audit Committee, Pearce seconded. Vote was 5, Wolff, Sessions, Buelterman, Crone and Pearce, and 1, Youmans, opposed. Thomson read the names of the proposed members of this committee. They are, Freda Rutherford, Jim Klutz, Sam Adams, Jennie Orr, Kathryn Williams, Jan Fox and Harry Haslam. Pearce motioned for approval of the named members, Wolff seconded. Buelterman said we could name others later. Vote was 5, Wolff, Sessions, Buelterman, Crone and Pearce, and 1, Youmans, opposed. Hughes said he had written a draft of a green space declaration for Memorial Park and Jaycee Park. He said this was brought about the motion to allow no building in these parks. He said he wanted Council to read and review this draft and let him know of any changes wanted before it was advertised for 1st reading. Hughes said he would like to talk to Whitley Reynolds and find out what was the most efficient way to handle this. All agreed. Hughes brought up the request for a text amendment on variances after the fact. He said he was not satisfied with the wording and wanted everyone to understand that if someone was found in violation of the setbacks, in order for him to come for a variance, he would have to remove the violation first. This could really be a problem on some of these, Hughes said. He said he would like it to go to the Planning Commission for their review and then advertise for a public hearing before Council. Hughes said the amendment to the Beach Task Force, Sec. 2 -3 -30, was up for 1st reading. He said the changes are to remove the section that states the limit on terms for those who serve on the committee, and, to add lobby state and federal agencies for Tybee beaches. Buelterman motioned to approve on 1st reading, Pearce seconded. Vote was unanimous. Wolff motioned to approve the ordinance, Sec. 2 -3 -31, to establish an Audit Committee, Buelterman seconded. Vote was 5, Wolff, Sessions, Buelterman, Crone and Pearce, in favor, and 1, Youmans, opposed. It was brought to Council's attention that this had already been approved. Wolff motioned to set up an informal Water Conservation Committee to bring ideas to Council for conservation measures and to educate the public, Pearce seconded. Vote was 5, Wolff, Sessions, Buelterman, Crone and Pearce, and 1, Youmans, opposed. There was discussion regarding the Planning Commission hearings and whether to go back to the old way of advertising. After a recommendation from the Zoning Department, it was agreed not to change. 1 1 Thomson gave a report on the refurbishing of the beachside public restrooms. He said Bert Barrett was doing Elevation Certificates. Thomson the estimates he had gotten so far were $15,000 to $15,000 per facility. He would have firm bids by next meeting. Buelterman said when he suggested we upgrade these facilities; all he meant was a little paint, some new fixtures and cleaned up. He didn't mean to spend $25,000. After some discussion about the misunderstanding, it was agreed to start at the South Beach facility. Buelterman said even though the gym use was a long way off, he would like to get a committee established now to make recommendations to Council. This committee would address the usage of the gym, operation and maintenance, maximizing the use of the structure and utilizing the facility to its full potential. Buelterman said he would recommend Lou Off, Dick Corbin, Joel Smoker, Arnie Seyden, Mary Ann Bramble and Pat Locklear. Buelterman said he would also recommend Thomson to take the lead and get it organized. Wolff said he would like to see Beth Martin and June Johnson on the committee. Chuck Bargeron recommended Claire Price, as she would be the coordinator for all of the events. Mayor Parker asked that Tiffany Dennis be placed on the committee also. Buelterman motioned for the above committee, Wolff seconded. Vote was 5, Wolff, Sessions, Buelterman, Crone and Pearce, in favor, and 1, Youmans, opposed. Mayor Parker said that Chief of Police Price has asked that he present his requests regarding the parking lots at the next meeting. Buelterman asked that City Attorney Hughes attend the Planning Commission meeting when they review and discuss the changes to the Maritime District. Hughes agreed. Pearce motioned to go into executive session to discuss litigation, Crone seconded. Vote was unanimous. Pearce motioned to return to regular session, Buelterman seconded. Vote was unanimous. As there was no further business, the meeting was adjourned. 10 1 1 1 STATE OF GEORGIA COUNTY OF CHATHAM ) AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to who after being duly sworn, deposes and on oath administer oaths, states the following: (1) I was the presiding officer of a meeting of the Tybee Island City Council held on the / .y of , 2044 (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 of /(21 j , '�ee.fi IZ , 200/1which was closed for the purpose(s) of 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 O.C.G.A. ' 50- 14 -4(b) that such an affidavit be executed. This day of , 200.4 Sworn to and subscribed befor me this � day of 2001. Notary Public g:\common \emh\14536\affiday.02 Mayor/Presiding Officer 1 1 1 "I do solemnly affirm that I will faithfully and impartially perform the duties of a Planning Commission member for the City of Tybee Island and that I will support and defend the Charter of said city, the Code of Ordinances, the by -laws created by the Planning Commission, as well as the Constitution and laws of the State of Georgia and of the United States of America." Term expires January 31, 2006 Barry Brown Sandy Chandler Brian Renner Dick Smith This 17th Day of February 2004. ayor Walter W. Parker