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HomeMy Public PortalAbout20080508CCMeeting1 20080508 City Council Minutes Mayor Buelterman called the Consent Agenda meeting to order at 6:30pm. Present in addition to Mayor Buelterman were Wanda Doyle, Eddie Crone, Charlie Brewer, Barry Brown and Dick Smith. Councilman Wolff was out of town attending the Institute for Environmental Leadership. Also attending were City Manager Diane Schleicher and City Attorney Bubba Hughes. Mayor Buelterman listed the items on the Consent Agenda as: • Waiver of the nepotism Prohibition -Ocean Rescue Division- brothers, Matt & John Januika (part- time seasonal employees) • City Council Minutes: 3/13/08 • City Council Minutes: 3/27/08 • Council Work Session Minutes 4/19/08 • Alcohol License Application — Peruvian Association of Savannah: beer, wine per event (7/26/08 @ Memorial Park) • Turtle placement at the Guard House - Council approved with recommendation to locate near the power outlet. • Beach Certification Documents. Letter from Mr. Hughes to the Corps of Engineers certifying that Tybee already has easements on the properties involved. • Georgia State Harley Owners Rally- request to waive or reduce fees for vendors - Council approved reduced fees of $25 per vendor for event • Friends of Tybee Theater request for the city not to enforce parking after 7:OOpm on 5/31/08 - Approved no enforcement after 7:OOpm in North Beach Parking Lot and use of the City Logo. Mayor Buelterman closed the Consent Agenda meeting. * ** Mayor Buelterman called the Regular meeting of the City Council to order. City Officials present during the Consent Agenda were still in attendance. Charlie Brewer gave the Invocation and everyone recited the pledge of Allegiance to the Flag. Mayor Buelterman introduced Patrick Glenn and Joseph Frankowsky. He said they are Boy Scouts that are earning merit badges for Citizenship and Community. Visitors addressing council were: Former Mayor Walter Parker requested council not allow Dogs on the Beach because of the risks of disease associated with pet waste in the sand that cannot be picked up or cleaned. Bill Blakey offered to pay for half of the cost to remove the trees at the end of 17th Street that are blocking the ocean view. Page 1 of 7 1 1 1 Debbie Kearney announced the Marine Science Center Sea Camp this summer and June 7th Sea Kayak Race. Kathryn Williams announced the Native Plant Lecture and Sale at the Gym on May 10th Shelly Krueger a graduate student in Marine Science from Savannah State University requested that dogs not be allowed on the beach between 8th and 11th Streets. She said those locations have the highest density of turtle nests. Brucie Westerman invited everyone to the grand welcoming ceremony of Tiffany 2. She said this Tiffany Turtle would be placed at the Guard House to replace the Tiffany Turtle that was auctioned as part of the Turtle Tour. Henry Levy requested the City sue the Corps of Engineers for the harm done to Tybee Island for generations. Mayor Buelterman read a letter from Steve Fox requesting that dogs not be allowed on the beach. Mr. Brown disclosed that Petitioner Mack Kitchens was a contributor to his campaign; Sam Liberti has done design work for him; Mark Boswell has done engineering work for him. Mr. Smith disclosed that Petitioner Mack Kitchens was a contributor to his campaign; Sam Liberti has done design work for him; Mark Boswell has done engineering work for him. * ** Mayor Buelterman announced that City Council approval is not a permit. Permits are available in the Zoning Department of City Hall. * ** Mayor Buelterman opened the public hearing for Site Plan Approval. Ms. Allen presented the petition for Site Plan Approval including a 10 foot front setback variance for a new condominium building -3 unit, Lot 2 Izlar Ave. PIN 4- 0008 -05 -014 in Zone C -1. She said the PC recommended approval. Ms. Perkins said she has no problem with the setback variance on the front. She opposed the site plan review because there is no compensating increased side yard setback. She said she is concerned with the fill that has been put on the property. Ms. Williams asked what the hardship was. Page 2 of 7 1 1 1 Mr. Liberti said he is the designer of this project and responded that the 70 foot depth on the lot creates a hardship. He said he could not design three condos on this property without the variance. He said they are down to 1125 square feet per unit. He said even if there is a house there we cannot drain our water onto any adjacent property. He said in the past they have done a percolating system which absorbs the water and it's a little more expensive than a swale and a runoff. He said there are solutions for stormwater and he concurs that Tybee does have a problem. Ms. Perkins said the condominiums behind this lot seem to be on a lot with a 70 foot depth. Mr. Boswell said he would like to address questions from council about drainage or swales or anything like that. He said they have never claimed a hardship on this lot and they never asked for a hardship. He said we do not drain onto the property of others; that's not allowed by Tybee and no one in the state of Georgia allows that. He said he has worked on Tybee for years and has never drained anything on anybody else ever. He said Tybee does not allow that. Mr. Brown asked if Mr. Boswell had previous elevations on the lot. Mr. Boswell said no sir his hands are tied because all he has is what the surveyor got him which is current. He said it looks to be the same elevation as the lots surrounding it. Mr. Brown said it looks a little higher than the slab on the house that Ms. Perkins lives in. Mr. Brown asked if they were putting more dirt in there. Mr. Boswell said no. Mr. Brown said he actually thought Mr. Kitchens was planning on taking some dirt out. Mr. Boswell said what they are planning to do is put the slab right at the road elevation or slightly higher so that the slab will drain towards the road but the swales on the side will be caught in the detention basin in the back. He said they probably will be taking out more than they are putting in the natural spot. Mr. Crone moved to approve, Mr. Brewer seconded. The vote was unanimous. * ** Mayor Buelterman opened the public hearing. Ms. Allen presented the petition for a Zoning Variance for Paul Ewaldsen, Jr. for setback variances for stairs, decks and an elevator at 3 Second Terr. PIN 4- 0004 -05 -004 in Zone C -1. She said the PC recommended approval with the condition that the height of the elevator shaft not be higher than the existing shed roof. Ms. Doyle motioned to approve with the condition that the height of the elevator shaft not be higher than the existing shed roof, Mr. Smith seconded and the vote was unanimous. * ** Mayor Buelterman opened the public hearing. Ms. Allen presented the Map Amendment and Site Plan Approval for Tybee Trees, LLC at 13 Fourteenth Street, PIN 4- 0007 -06 -001 to rezone from R -T to C -1 conditional and Site Plan to allow for a special event Page 3 of 7 1 1 1 facility. She said the PC recommended approval of the Map Amendment and the Site Plan with 5 noted conditions. The Map is in the room with the PIN number noted on the map and the agenda. Council had the standards for map amendments before them. Ms. Sheldon said she plans to utilize the structure for her home for the next couple of years. She said the existing trees contribute to noise abatement for the surrounding commercial uses. Mr. Keith Gay and Nick Basta spoke in favor of the petition. Mr. Shell Solomon spoke in opposition to the petition. Mr. Hughes explained that the property would be rezoned; but it is rezoning that property to a specific use. He said that use is all it can be without the property being rezoned again. Mr. Brown asked if this will be reviewed annually for compliance. Mr. Hughes said one of the conditions is the business license would be reviewed by staff annually for compliance to rules and regulations. Mr. Smith moved to approve under the conditions that were proposed by the Planning Commission and the seven conditions included in that proposal, Mr. Brown seconded. Mr. Hughes said in addition to what conditions we are imposing we address the need for an agreement with the property owner to address things such as lighting and signage that would be the commercial side and the use of the property as a residence and should that use stop. Mr. Hughes read the conditions and asked that they be attached to the minutes: 1) Tybee Trees will supply to the city notarized documentation from the owner(s) of the Ocean Plaza property granting permission to use the ocean Plaza facilities for over -flow parking when necessary. 2) Tybee Trees will supply to the city notarized documentation from the owner(s) of the Georgianne Inn granting permission to use a portion of the access easement for overflow parking. 3) The business license of Tybee Trees shall be reviewed by staff annually for compliance with city rules and regulations. 4) The property may only be used as a special events facility as defined in the City ordinances and except as otherwise stated herein, and shall be limited to a maximum of fifty(50) attendees. Should the petitioner desire to hold events for more attendees the Chatham County fire marshal and the city planning department must approve the expansion. Expansion(s) to accommodate more than 100 attendees will require review by the planning commission and city council at a public hearing. 5) The property and facility may only be serviced for catering that has been prepared off -site. Should Tybee Trees desire to offer on -site catering (food on- site), it must show compliance with Chatham County Health Department rules and regulations. Page 4 of 7 1 1 1 6) No outdoor amplified music and /or drums shall be permissible on the premises, however, amplified sound systems (disc Jockey) will be permissible so long as the decibel level mandated by the city noise ordinance is not exceeded and the equipment is set up so that sound is not directed toward a nearby residential area. 7) Noise shall be controlled for commercial property under the noise ordinance but volume measured at the receiving land use 8) Exterior lighting shall be subject to approval so as not to direct lights onto neighboring structures. 9) It is further agreed that the conditions imposed and compliance therewith are subject to review and reconsideration upon notice to Tybee Trees or, if initiated by Tybee Trees, as provided in the conditional zoning ordinance. In the event an owner of the property no longer desires to use the property as a single family residence in addition to as a special event facility, a public hearing with applicable notice and publication will be required and all conditions previously existing subject to rescission and /or revision as determined by the Mayor and Council. Mayor Buelterman requested out of fairness to existing B &B's, they should be looked at to determine if hosting smaller weddings could be allowed. The vote was unanimous. * ** Mayor Buelterman opened the public hearing on the Site Plan Approval for 13 Fourteenth St. Mr. Crone moved to approve, Mr. Smith seconded and the vote was unanimous. Mayor Buelterman called for a short break. * ** The following people addressed council about the dog park: Greg Stoeffler sent a letter expressing Tourism Council support of the dog park and requested an extension of the deadline for dismantling the existing dog park. Henry Levy spoke in opposition to the present dog park location and requested an alternate site around the Sally Pierce Nature Trail. Marie Rodriquez spoke against dogs being allowed on the beach. She expressed support of a dog park. Gloria Leonard spoke in favor of the Dog Park. Dottie Klutz expressed support of the Memorial Park dog park location. Annie Estes spoke in favor of the Dog Park. Page 5 of 7 1 1 1 Perb Fortner expressed support for council's decision. Ann Miller said she observed many dogs at the campground over the last weekend and asked council to talk to Mr. Hemphill about locating a Dog Park there. Larry Nesbitt expressed support for council's decision to move the dog park from Memorial Park but asked them to consider another location. Mayor Buelterman opened the business meeting. Ms. Doyle said she has talked to Mr. Hemphill about relocating the dog park behind the ceramic building and have it be a part of the campground. She said there is approximately 8,500 to 9,000 square feet in the area. She asked that the dog park be left in the present location until we can relocate it. Ms. Doyle moved to relocate the Dog Park to the campground location behind the ceramic building under supervision of Mr. Hemphill and extend the deadline for moving the existing park from two to four weeks, Mr. Brewer seconded and requested Ms. Doyle amend her motion to add a small dog park of approx. 2,500 square feet near the water tower; rules of operation to be established by campground and city staff; no work done in Memorial Park this Mother's Day weekend, that would interfere with the art show or as part of the removal of this facility; proper signage, even if it is temporary in nature, to direct people to the new dog park location and address that issue; an orderly transition of moving the dog park to the new location; it will be moved immediately upon the grade being prepared and leveled and it will be a coordinated effort. Ms. Schleicher asked Mr. Brewer if the small dog park location was the shady area along the road. Mr. Brewer said yes. Ms. Doyle accepted Mr. Brewer's amendments to the motion, Mr. Brewer seconded the amended motion, and the vote was unanimous. Ms. Schleicher requested approval to transfer $1,289,045.85 of local renourishment funding to the Corps of Engineers for Beach Renourishment to an interest bearing escrow account used by COE for beach renourishment and the $2,930,000 of state funding directly to the COE. Mr. Brewer asked if locating an interest bearing account for the city is a competitive process. Ms. Schleicher said we have a bank that we generally bank with. Mr. Brewer said he would recommend doing it as a competitive bid to see who would give the best interest for the money. Mayor Buelterman said they would have the finance director look into it. * ** Mayor Buelterman opened the business meeting. Mr. Smith moved to approve all items on the Consent Agenda as listed earlier, Mr. Smith seconded, and the vote was unanimous. Page 6 of 7 1 1 1 * ** Mr. Brewer moved to accept Mr. Blakey's request to negotiate with Ms. Schleicher on the City eliminating some of the trees and planting smaller trees and Mr. Blakey participating in part of the cost of that project. Ms. Doyle seconded. Mr. Brown said he has a problem with three to five foot trees potentially creating a problem with traffic because people will have a tough time looking around them. He said he is concerned about the cost to the city and requested getting an exact cost from Ms. Schleicher and at that point sitting down and negotiating with Mr. Blakey. Ms. Doyle asked Mr. Brewer to amend his motion to get a cost from DPW and bring it back to the next meeting. Mr. Brewer amended his motion to wait until the next meeting to have input from staff on the cost and also for looking at other types of shrubbery, Ms. Doyle seconded the amended motion and the vote was unanimous. * ** Mr. Smith moved to approve the transfer of $1,289,045.85 of local beach renourishment money to an interest bearing account for use by the COE, Ms. Doyle seconded, and the vote was unanimous. * ** Ms. Doyle moved to approve the escrow document for Beach Renourishment, Mr. Smith seconded and the vote was unanimous. * ** Mr. Brown moved to go into Executive Session to discuss Personnel, Litigation and Real Estate, Mr. Brewer seconded and the vote was unanimous. Mr. Brown moved to return to Regular Session, Ms. Doyle seconded, and the vote was unanimous. * ** Ms. Doyle moved to adjourn, Mr. Smith seconded and the vote was unanimous. DuJigtAL LaIDE(4. Vivian O. Woods, Clerk of Council Mayor Jason Buelterman Page 7 of 7 1 1 1 STATE OF GEORGIA COUNTY OF CHATHAM ) AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly authorized to administer oaths, R "j Ct Oh Gd. , ` fee mci.P1 , 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 SILLii day of , 2008. (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 It of 4Y1 cu) , 2008, which was closed for the purpose(s) of Li T r Aa i o 'i- P'et's o h / 1 e1 ;Wed' &1 gas 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. 1 1 5) This affidavit is being executed for the purpose of complying with the mandate of O.C.G.A. §50- 14 -4(b) that such an affidavit be executed. This ell day of , 2008. Swom to an • • scribed before Me , 's day of 2008 VIVI WOODS Public, Chatham County, GA MY Commission Expire, May 25, 2009 !/ ayor/Pre siding Officer 1 1 20080522 CITY COUNCIL MINUTES Mayor Buelterman called the Consent Agenda meeting to order at 6:30pm. Present were Mayor Pro Tem Doyle and Council Members Charlie Brewer, Barry Brown, Eddie Crone, Dick Smith and Paul Wolff. Also attending was City Manager Diane Schleicher and City Attorney Bubba Hughes. Consent Agenda: Mayor Buelterman listed the following items on the Consent Agenda: - HGBD Engineering Proposal / Agreement Groundwater Withdrawal Special Conditions — up to $12,000; #505- 4410 -52 -1202. The Infrastructure Committee recommends approval. Budget Amendment - transfer $20,000 Contingency to Beach Management Plan Study ( #100- 1110 -52 -1201) Budget Amendment - add Georgia DNR ($2,930,000) contribution for Beach Renourishment ( #100 - 6125 -54 -1402) Request to extend the deadline to 6/30/08 for qualifying for Senior Homestead Exemption on Water & Sewer rates — applies for those who make under $30K annually Tybrisa / Strand project - Coastal Grading & Rental, Inc., Change Order #16 - credit $13,136.50 ( #100 - 7520 -54 -1405) GMA Agreement for Alcohol Beverage Taxes Audit - not to exceed $12,000 ( #100- 1510 -52 -1221) Council Meeting minutes: 4/10/08, 4/24/08, 5/8/08 Professional Services, Inc. contract for probation services which includes the clause it has to end at the end of the calendar year subject it to be automatically renewed. Mr. Brown moved to approve the above Consent Agenda items. Mr. Wolff seconded the motion. The vote was unanimous. Discussion ensued regarding hotel / motel tax, parking passes for lodging facilities to have as part of their packages for vacationers. Mayor Buelterman called the regular meeting of the City Council to order at 7pm. Those at the consent agenda were also in attendance for the regular meeting. Invocation and Pledge of Allegiance: Reverend Andy Lamon with Trinity Chapel United Methodist delivered the invocation. The Pledge of Allegiance followed. The following announcements were made: Mayor Buelterman thanked Jiggs and all involved with last weekends Beach Bum Parade. Mayor Buelterman reminded everyone that on May 31 at Memorial Park there is a fundraiser for the proposed Veterans Memorial beginning at 11a - 6pm. Council Member Brown reminded everyone the Marine Rescue Squadron's BBQ is Saturday from 11 a until '7p at the Marine Rescue Squadron facility. - Mayor Buelterman explained the 1Z-14 three colored poles at the Northend, City Hall and the Southend to advice the public of the water level corresponding with a hurricane category. Page 1 of 5 1 1 1 20080522 CITY COUNCIL MINUTES Mayor Buelterman announced that the governor signed the budget to give the city another $1 million for Tybee's renourishment. Mayor Buelterman said the State is giving us $30K for the Theater renovation. Mayor Buelterman informed all that Christopher Sherbet passed away on May 13 in New Jersey at the age of 75. One of Sherbefs many accolades was that he served as the first Chairman of the Beach Task Force and was influential in getting renourishments done. Reports of Officers, Boards, Standing Committees and or invited guests: Special Agent Andy Capp, GA Dept. of Revenue: alcohol licenses, special permits Discussed private clubs and private business operating special events w/ alcohol Private clubs operate as individual specialized business —none in this area; Capp explained why special events are not permitted to serve alcohol.lhey can w/ a special event permit from GA DOR after the city permits it. If business is conducted, a permit is required Agent Huckabee spoke about the special event application for non profit and for profit laws and regulations. Brannyn Allen, Planning Department: Quarterly report 1St Qtr '08 for Planning Economic Development Dept. Staff training, planning commission training, petition, building permit activity and revenue, business licensing, community facility permits summaries, master plan update Beach permit information and fees were discussed. In order to cover costs, an administrative fee of $50 Visitors (allowed five minutes this evening): Bill Cannon announced on behalf of Tybee Beautification Association the Adopt -a- Highway on 5/31/08. All should meet at the Tybee sign @ 8:OOa Bill Blakey addressed the concerns regarding the palm trees at the east end of 17th Street which block the ocean views for 17th St. residents. Open issue the cost to the city for moving the trees as they offered at the last meeting. Kathleen Fabrikant gave an update of the city funded Royce Learning Center GED program. It started in 2002 on Tybee and has served 141 students. Progress has been seen. Beth Hodges reviewed the Tybee Neighbors April and May survey results. 111 responded to the April survey responses and May had 113 responses. Ms. Hodges also reminded everyone of the Grand Welcoming for Tiffany 2 will be June 1 at the Guard House from 2 -4p. Bill Kriener talked about concerns regarding the relocation of the Dog Park. Pamela Lappin, 2008 President of the Friends of Tybee Theater, announced that the Johnny Herald concert will be May 31 on the Tybee Lighthouse lawn beginning at 7pm. Page 2 of 5 1 1 20080522 CITY COUNCIL MINUTES Visitors wishing to speak to items on the agenda: Henry Levy spoke about the Memorial Park Plan, the Veterans Memorial and the Public Safety Building. Sandy Major thanked the Ad Hoc committee for their dedicated efforts and for designing the Memorial Park Plan. Libby Bacon addressed the Veterans Memorial location by the cemetery. Katrina Linguard spoke for a client of hers whom is a developer on Tybee. She would be managing his properties and addressed council regarding moving the dog park. A guest addressed Council regarding her concerns about the moving the dog park and wants to see council step back and reevaluate the decisions for Memorial Park and the dog park. Ann Miller spoke about the location of the dog park in Memorial Park vs. being relocated. City Manager: Budget Amendment transfer $4,500 City Manager's budget to fund 2 new dog parks & misc. park administration (100- 6210 -54- 1100). Paul confirmed the city should have no additional costs for the existing dog park. Mr. Crone moved to approve. Ms. Doyle seconded the motion. The vote was Crone, Doyle, Brown, Brewer and Smith in favor and Wolff opposed. Add surcharge to bi- monthly garbage bills to repay $150,000 note to General Fund (540 -4520- 58- 1202). The surcharge would be $3.96 / cart / month for a period of 14 months. The contract will go out for a rebid soon. The goal of the new bids / award contract is to not subsidize garbage and recycling. Mr. Smith moved to approve, Mr. Wolff seconded the motion. The vote was unanimous. Proposed agreement for uniforms for DPW & W & S Utility Line employees - G & K Services, Augusta, GA ( #100 - 4210 -53 -1720, 505- 4310 -53 -1720, 505- 4410 -53- 1720). Tabled at City Manager's request until she is firm with the process. Proposed bids for camping cabins ( #555- 6180 -54- 1100): Two bids came in today. The high bid was $218,550 from Stone Canyon Lodges. The low bid was $153,756 from. National Classic Cabins. Exhibit showing where the cabins would go was displayed. Electrical bids will go out for the cabins and lift stations. Mr. Wolff moved to approve. Mr. Smith seconded the motion. The vote was unanimous. Page 3 of 5 1 1 20080522 CITY COUNCIL MINUTES New Business: The conceptual approval of the Memorial Park Plan was discussed. Mr. Brewer moved to implement a plan to have a 90 day public comment through the City's website followed by an open house and public hearing to discuss the future of the Memorial Park Plan. Mr. Wolff seconded the motion. The vote was unanimous. Brannyn Allen discussed the Hometown Coordinator position for Planning Department. Mr. Wolff moved to approve the position. Mr. Crone seconded the motion. The vote was unanimous. Old Business: Re- consideration of Palm Trees on 17th Street and associated cost. Mr. Blakey offered to pay $1,400. The total cost to the city is $1,500.32 for labor & use of our equipment. Mr. Brewer moved to allow Chief Price to evaluate and determine at his discretion which trees need to be removed to alleviate a safety issue. Mr. Brown seconded the motion. The vote was Brewer, Brown, Crone and Wolff in favor and Doyle and Smith opposed. City Officials and City Attorney: Mayor Buelterman read letters regarding the dog park from the following individuals: Don Ernst, Annie Estes and Janice Haden. Mayor Jason Buelterman expressed a desire to have an appropriate committee investigate possible city owned property locations for native plants / tree plantings that would attract birds. Mr. Smith moved to approve, Mr. Wolff seconded. Mr. Smith amended his motion to allow staff to work on this first. Mr. Wolff seconded. The vote was unanimous. Wanda Doyle gave a report about the Hurricane Conference she attended. Barry Brown requested 4th of July fireworks be on the opposite night from Savannah beginning in 2009. It was requested that the Tourism Council and Police department and possibly the Fire department take a look at the issue and come back with a recommendation Paul Wolf delivered his report about the Climate Change Summit and IGEL (Institute for Georgia Environmental Leadership). Bubba Hughes spoke to the 2nd Reading of the Conditional Zoning Agreement for Sheldon Property, Tybee Trees, LLC. Mr. Smith moved to approve for 2nd Reading the conditional zoning agreement with the addition to #6 that the event shall be concluded by 11:OOpm. Mr. Wolff seconded the motion. The vote was unanimous. * ** Page 4 of 5 1 20080522 CITY COUNCIL MINUTES Bubba Hughes spoke to the 1st Reading: Bicycle Traffic Ordinance. Ms. Doyle moved to approve with amendment to change C -1 to Tybrisa and Strand Ave. Mr. Brown seconded the motion. The vote was unanimous. Bubba Hughes spoke to the 1st Reading of no overnight Trailer Parking on Hwy 80 (Lazaretto to 7 Flags). Ms. Doyle moved to approve. Mr. Crone seconded the motion. The vote was unanimous. The consideration to amend the building permit fee schedule was put on hold per Brannyn Allen's request. She would like to get figures from other municipalities. Brannyn Allen reviewed the consideration to implement a $25 administrative fee for all beach permits. Ms. Doyle moved to approve a $50 administrative fee for all beach permits. Mr. Brown seconded the motion. The vote was unanimous. Bubba Hughes gave an update on the drug / alcohol testing policy for elected/appointed officials. Mr. Smith moved to approve. The motion failed for lack of second. The Battery Row Documents were removed per City Attorney's request. Meeting Adjourned: Mr. Wolff made a motion to go into Executive Session to discuss litigation, real estate acquisition. Ms. Doyle seconded the motion. The vote was unanimous. Mr. Wolff motioned to return to regular session. Mr. Brown seconded the motion. The vote was unanimous. Mr. Wolff motioned to adjourn the meeting. Mr. Brown seconded the motion. The vote was unanimous. 144- it — Mayor son Buelterman Vivian O. Woods, Clerk of Council Page 5 of 5 1 1 STATE OF GEORGIA COUNTY OF CHATHAM ) AFFIDAVIT PERSONALLY appeared before the undersigned attesting officer, duly Q e authorized to administer oaths, S®ktu.--1t -er , 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 o a day of LIM cxj , 2008. (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 doid of C-477 , 2008, which was closed for the purpose(s) of LL1Qa±..O-7'L ( °'7 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. 1 1 1 5) This affidavit is being executed for the purpose of complying with the mandate of O.C.G.A. §50- 14 -4(b) that such an affidavit be executed. This A nel D. day of 2 , 2008. d_ subs bed before psi n day of 2008 @VWVAN *4 OS Public, Chatham County, GA b1y Commission Expires May, 25. 21'19