HomeMy Public PortalAbout20080925CCMeeting1
1
1
20080925 City Council Minutes
Mayor Buelterman called the Consent Agenda to order. Present were Mayor Pro Tem Wanda
Doyle and Council Members Charlie Brewer, Barry Brown, Eddie Crone, Dick Smith and Paul Wolff. Also
attending was City Attorney Bubba Hughes, City Manager Diane Schleicher and Planning Director
Brannyn Allen.
Mayor Buelterman listed the following items on the Consent Agenda:
Revised City Travel Policy incorporating a daily per diem rate in lieu of actual meal
expenses.
Hussey, Gay, Bell & DeYoung Engineering Fee Proposal -14th Street Drainage. Not to exceed
$37,000 -Line Item # 320 - 4250 -54 -1400
Cancellation of Marlowe & Company Contract by November 1, 2008.
City Council Minutes 9/10/08
Appointment of Denise Byrd as Clerk's Assistant
Increase in Judges Salary from $100 to $200 monthly Line Item # 100 - 2650 -52 -1101
Grant Award Agreement Marine Science Center $17,741 for Sea Turtle Conservation
Grant Award Agreement Marine Science Center $23,184 for Invasive Species Research.
One Day Alcohol Permit for St. Michael's School, October 4, 2008.
Contract with Waste Pro
Mayor Buelterman adjourned the Consent Agenda.
Mayor Buelterman called the regular meeting of the City Council to order at 7:OOpm. Those at
the Consent Agenda were also in attendance for the regular meeting.
Reverend Eddie Adkins of the All Saints Episcopal Church gave the Invocation.
Everyone recited the Pledge of Allegiance to the Flag.
Holly Lanford, Principle of St. Michael's school along with Father Tom Peyton and a group of
students gave a short presentation about the history of St. Michael's and their 60th anniversary.
A Proclamation honoring St. Michael's School for their 60th Anniversary was presented by Mayor
Buelterman.
Visitors:
Mr. Ed Cawley requested that council declare a moratorium on demo permits for any of the Ft.
Screven Gun Batteries In whole or in part until a determination of effect can be performed for the Ft.
Screven National Historic District.
Ms. Kathryn Williams invited everyone to the Tybee Beautification Beach Sweep scheduled for
September 27, 2008 at the Pier. She thanked Karen Reese and Mayor Buelterman for securing the pier
for their use at no charge.
Prepared on 10/13/08vw Page 1 of 11
1
1
1
Mr. Mallory Pearce spoke in opposition to repealing the Shore Protection Ordinance.
Mr. Ross Howard of Tybee Fest requested ordinance 23 -2008, be amended to allow fora petting
zoo to be conducted during the Pirate Fest event. He returned the key to the city to Mayor Buelterman
to allow the pirates to take it again during the festival.
Ms. Linda Gladin said she knows this council does not intend to suppress Tybee Neighbors
survey results simply because votes and comments are not associated with specific individuals. She
requested council find a way to respect a community resource and process that has integrity and value.
Ms. Sandy Major spoke on behalf of the Tybee Neighbors Planning Team. She said the Tybee
neighbors group has been conducting surveys since 2005 in order to help council and citizens
understand the various sides of issues. She said the website states that while the survey results will be
shared with council no names or e-mails will be included. She said they believe the surveys have real
value because they provide a way to show various perspectives on issues with community leaders.
Clerk of Council Vivian Woods introduced Denise Byrd as her new part time assistant.
Ms. Kathryn Williams spoke on Public Hearings and expressed dismay at the way the proposal of
the Memorial Park Ad Hoc Committee was handled. She said in her opinion making changes to a
proposed plan during the period of public input makes a mockery out of the public hearing process. She
said this week they have two major first readings on the agenda without public hearings. She said given
that the Shore Protection Line and the Ethics Ordinance have both undergone major changes and in the
spirit of open and transparent government public hearings should be held. She requested that council
adopt the proposed Shore Protection Ordinance but make necessary modifications. Ms. Williams
requested that council table the Ethics Ordinance to allow the commission more time for review as
requested and to hold a public hearing when it comes back. Ms. Williams said her research revealed
that almost all polls are anonymous and asked that council not suppress public input but encourage it.
* **
Disclosures/Recusals:
Mr. Hughes said it is his understanding there are no disclosures on the matters for public
hearings.
Mr. Hughes said all of council has previously had recusal appeals with respect to the Shore
Protection Ordinance and those same decisions should control when we get to that issue tonight.
* **
Public Hearings:
Mayor Buelterman opened the public hearing on a Zoning Variance (Section 5 -090) from Section
3 -090A, Schedule of Development Regulations, and Section 5 -0101, Shore Protection with variance
clause. Michael Foran- Savannah Bar Pilots, Inc. extension of porch at 1 Van Horn pin # 4- 0003 -10 -009
Prepared on 10/13/08vw Page 2 of 11
1
1
1
Zone R -1. Ms. Alien said the Planning Commission recommended approval. She said staff recommended
denial based only on the strict interpretation of the variance requirements and the code. Ms. White
spoke in favor of the petition. Mayor Buelterman closed the public hearing. Mr. Crone moved to
approve, Mr. Smith seconded. Mr. Wolff said he doesn't have a problem with this request but thinks
council should not consider any variances to the shore protection ordinance while it's under review. The
vote was Crone, Smith, Doyle, Brown and Brewer in favor and Wolff opposed.
Mayor Buelterman opened the public hearing for a Zoning Variance (Section 5 -090) from Section
3 -090 Schedule of Development Regulations, Richard Fitzer /Front Setback variance for new single family
structure at 20 Taylor St. Pin # 4- 0001 -02 -004 Zone R -1. Ms. Alien said the petitioner is requesting a ten
foot front setback variance. She said planning commission recommended denial of this petition. She
said staff recommended approval and DNR has also approved. Mr. Cawley spoke in opposition to this
petition. Mayor Buelterman read a letter from Dale Patterson and Dale Critz, Jr. opposing the project.
Mayor Buelterman closed the public hearing. Mr. Crone moved to approve, Ms. Doyle seconded. Mr.
Wolff said any hardship to this property was self imposed by the subdivision. He said he has a lot of
problems with this including destroying a piece of a historic structure which also provides storm surge
protection. He said there are a lot of options that could be used to build a livable residence with
architectural value short of requiring variances to the setbacks or demolishing any historic properties.
The vote was Crone, Doyle, Brewer, Brown and Smith in favor and Wolff opposed.
* **
Mayor Buelterman opened the public hearing for a Zoning Variance(Section 5 -090) from Section
3 -090, Schedule of Development Regulations, James McLeroy /Side Setback variances for deck addition
at 1405 Fifth Ave. Pin 4- 0011 -06 -011 Zone R -2. Ms. Allen said the petition had been withdrawn and went
back in front of planning commission in September and will come back to council in October. Mayor
Buelterman closed the public hearing.
* **
Mayor Buelterman opened the public hearing for an Amendment to Section 8 Flood Damage
Control, and Section 5 -100, Standards for Variance from the Flood Damage Control Regulations. Mr.
Hughes explained that last week council approved the new Flood Damage Prevention Ordinance and as
part of that had adopted the standards for a variance from the requirements in that ordinance. He said
it basically says that the standards for a variance are contained in the Flood Damage Prevention
Ordinance and not in the zoning ordinance. Ms. Allen said planning commission recommended approval.
Mayor Buelterman closed the public hearing. Mr. Wolff moved to approve, Mr. Smith seconded. The
vote was unanimous.
* **
Prepared on 10/13/08vw Page 3 of 11
1
1
1
Mayor Buelterman opened the public hearing for an amendment to Section 4 -050 District Use
Regulations, Memorial Park Development PC Public Parks - Conservation District. Ms. Allen said planning
commission recommended approval. Mr. Harper asked council to include the buildings in Memorial
Park as part of the conservation area. Mayor Buelterman closed the public hearing. Mr. Crone moved
to approve, Mr. Brewer seconded. Mr. Wolff said he understands Mr. Brown's motivation for this
ordinance but doesn't agree with shrinking the boundaries of the park when there is green space
between the buildings. He said he doesn't think they should limit the area they have to work with
because they are essentially ignoring potential improvements to the park as a park. The vote was Crone,
Brewer, Brown, Doyle and Smith in favor and Wolff opposed.
* **
Business Legally Presented:
Consent Agenda:
Mr. Wolff moved to approve the Consent Agenda. Mr. Smith seconded. The vote was
unanimous.
* **
Mr. Wolff moved to ask staff to investigate the repercussions of destroying any historic
structures within historic districts, Ms. Doyle seconded. Mr. Brewer referenced Mr. Chamber's letter
that work could be done on that property without effecting its historical value which implied this wasn't
an issue from his perspective as our renowned expert on historical structures. Mr. Brown asked for the
word could, to be clarified with either it is or it isn't going to make a difference. Ms. Doyle asked if this
research can be done and if useful information can be obtained. Ms. Allen said certainly they can do
that. Mr. Smith clarified that they were not voting on a moratorium. Mr. Brewer asked for a point of
order and asked Mr. Wolff if this was a structural question or just related to historical integrity. Mr.
Wolff said his intention is to find out what risk our Historic Designation would suffer due to destruction.
Mr. Crone said he feels they are starting a little too late because most of those batteries already have
houses on them and he doesn't see how this one could hurt everything and destroy the historical value.
The vote was Wolff and Doyle in favor and Brewer, Brown, Crone and Smith opposed.
* **
Action Items:
Ms. Doyle asked where they were with the Byers Street Crossover. Ms. Schleicher said at
council's request it will be on the agenda for the 2 "d meeting in October. Ms. Doyle asked that it be
included on the agenda for the first meeting in October because Burke Day is waiting for the permit
application to expedite it for us. Mr. Crone said he thought council made it clear when they voted to put
a crossover there. Ms. Schleicher said it was clear but they were waiting for the homeowners to get
together to put a road in and it made more sense to let them go ahead and do the permit. Mayor
Prepared on 10/13/08vw Page 4 of 11
1
1
1
Buelterman asked that Ms. Schleicher look back and determine if they were supposed to go ahead and
file for the permit and if not put this on the agenda for October 9th
Mr. Wolff asked Ms. Allen when the Way Faring sign proposals were due in. Ms. Allen said they
received 28 proposals and they have narrowed it down. Mr. Wolff asked when they would get to review
them. Ms. Allen said probably after the first of the year. She said they will have to come in and do an
island wide audit and inventory of existing signs. She said they look at pedestrian and vehicular
movement so they can best place the signs and they will probably look at prototypes in January or early
spring. Mr. Wolff asked if this would be in place by next tourist season. Ms. Allen responded possibly.
She explained that the proposals that came in are just for the first phase of designs and will not be an
island wide complete face lift in this phase.
Ms. Doyle asked for council to start receiving some kind of communication on the re writes of
the land development code. She asked if they were going to have workshops on this. Mayor Buelterman
asked that this be part of the work session on October 18th. Ms. Alien said she will be out of town
October 18th and will not attend that meeting. She said a joint meeting with Planning Commission and
Council has been discussed with Ms. Schleicher in order for the first draft to be reviewed together.
Ms. Doyle said the action item list is a good tracking tool to keep up with things.
Mr. Brewer said on item #17 assigned to him and Councilman Brown regarding public restrooms
on the beach front; he ran into the royal restroom representative at the chamber expo and they had just
come back from Galveston and had some interesting comments about what happened with removable
versus immovable restrooms on beaches. He said it would be nice for them to meet with the City
Manager and have her arrange for them to come out and give us a report about lessons learned in
Galveston and also delve into recycling and water conservation issues.
Mayor Buelterman said he didn't see the Electric Cars on the Action Items list and asked where
we are with that issue. Ms. Schleicher said Mr. Wilson is lining up a few vendors to come and speak to
council.
Mr. Brewer told Mr. Hughes that a local publication had expressed a question regarding his
involvement in discussions about electrical cars as an ethical issue. He asked Mr. Hughes if he felt that
any discussion by himself on the electric car issue was a breach of his ethics. Mr. Hughes said he recalls
it coming up in the context of the golf cart ordinance and whether the golf carts would be permitted on
the island. He said he looked into it at that time and concluded it was not a conflict and any interest Mr.
Brewer would have in the Golf Cart issue would be too remote or speculative to require recusal. Mr.
Hughes said he spoke with Mr. Brewer about the city using and purchasing electric cars and they had
determined participating in that would be not be appropriate for Mr. Brewer. Mr. Hughes said in his
opinion Mr. Brewer can participate with the Golf Cart Ordinance but cannot participate in discussions
about the electric cars.
Ms. Schleicher said she has Tined up a vendor to come and bring information on a small single
use compactor.
Prepared on 10/13/08vw Page 5 of 11
1
1
1
Action items List Additions were:
Electric Car Use by City of Tybee
Memorial Park Plan - Follow Up
Bike Friendly Designation
* **
GMA contract to provide Hotel /Motel audit services line item #100 - 1320 -52 -1201. Mr. Hughes
requested to communicate with GMA to add determining properties not paying H/M tax. No Action.
Mr. Crone moved to approve for 1st Reading the Repeal of the Shore Protection Ordinance,
Ms. Doyle seconded. Mr. Wolff asked about recusals of the other five members of council. Mr. Hughes
said at the beginning when he was talking about disclosures and recusals before the public hearings he
recommended they just adopt what had been done when they had the public hearing. He said he hopes
everyone agrees that this has island wide implications and full participation would be appropriate. Mr.
Wolff said council needs to consider the fact very seriously that they are affecting people and property.
He said you just have to look at Galveston to understand the repercussions of building too close to the
water line. He thinks relinquishing local control over their shoreline would be a huge mistake. He said a
lot of the people he knows within DNR say off the record that the worst thing we can do is resort to the
state ordinance because it is inadequate protection because local control is vital to protecting our own
resources. Mr. Smith said the DNR can give a permit without a subdivision ever having come to the
Tybee Council as evidenced by Mr. Fitzer's petition earlier tonight. He said Ms. Shipman who is head of
the DNR in Brunswick sent an e-mail earlier today stating someone can build in the dunes without a
state shore permit if our shore jurisdiction line is seaward of that area of the dune. He said this is what
can happen if we don't put 10 feet from the toe of the dune in our ordinance. Mr. Brown said he doesn't
think anyone knows where that line is or where it would apply. Mr. Brown asked Mr. Hughes if they
could revisit this at any given time. Mr. Hughes said yes.
Mr. Hughes said they had a public hearing on the earlier draft that included the repeal of the
existing provision as part of the intention to adopt what was then proposed. He said there was a lot of
discussion or misunderstanding and maybe some misinformation about what was in there like someone
mentioned tonight about the 250 foot rule. He said it wasn't a no build area and since the last meeting
there was communication about just eliminating the 250 foot and leave it as build only by special review
if you don't have the toe of the dune or a seawall. He said council's choices are unlimited but should
another text be presented it should go through the Public Hearing process. Mr. Brown asked if most of
the property owners gave up twenty five feet of their property for the first beach renourishment back in
1979. Mr. Hughes said he wasn't here but as a part of the first renourishment the city had to acquire all
of the rights in properties east of the Seawall in front.
Mr. Hughes said when the Back River area was renourished the second time the owners had to
grant easements to insure there was access to the public. He said they retained ownership of some of
Prepared on 10/13/08vw Page 6 of 11
1
1
1
those areas but gave up a significant amount of rights. He said Tybee's Charter isolates 18 feet
Landward of the Seawall from any construction in the area that was formerly fronting the strand. He
said at the time the strand ran from 18th Street to the curve. He said the seawall kept going but the
strand didn't. He said apparently in connection with the seawall being built that provision was placed in
the Charter allowing the city to convey its rights in the strand to the abutting owners but restricted
what could be done with it. Mr. Brown asked who trumps who. Mr. Hughes said the State would
ultimately trump the Charter but the Charter would govern what we can do on a local level. Mr. Smith
asked if we give up our right in Shore Protection and rescind all of our ordinances then the state controls
and the 18 feet is a mute point. Mr. Crone said the 18 feet is in the Charter and all we are doing is giving
it back to the people but we still can control what they do with it. Mr. Hughes said he thinks if someone
applied to build within 18 feet of the seawall to DNR and if they fell within their line that is the big issue
is where their line is and would you know about it. He said he thinks the city should take the position
that they cannot be authorized to do that under what is the local charter. He said he doesn't know if
DNR would acknowledge that and agree or not.
Mr. Brown asked who controlled the Shore Protection Line prior to 2001. Mr. Hughes said the
state. Mr. Brown asked if Mr. Hughes knew of anyone that had been allowed to build in the dunes in the
last 25 years. Mr. Hughes said they apparently got pretty close since they had to remove the dunes from
their house. Mr. Brown said they would have to move those dunes regardless. He said the state only
gave permission for them to move the sand from their back porch. Mr. Hughes said those houses would
have been there long before the dunes. He said the State got into Shore Protection in the 70s and
before that Tybee had its own Shore Protection Ordinance that required an Engineering Survey every
five years and it cost a fortune. He said when the state came along Tybee got out of the business. He
said years later when the state was thought not to be restrictive enough and they do permit
construction; the state encouraged the city to adopt an ordinance of its own and the city did. Mr.
Brown asked if the state denied a permit for an emergency access road on the beach by the pavilion. Mr.
Hughes said the state tabled the permit until December. He said regardless of if the state gave a permit
to build within the 18 feet; the owner would still have to get a building permit from us and he doesn't
think we would issue the permit. Mr. Smith asked if the ten foot from the toe of the dune requirement
was in the state ordinance. Mr. Hughes said it is not in their ordinance it is just something they do for
right now. Mayor Buelterman asked if the city could deny someone that wanted to build within 18 feet
of the seawall even if they were outside of the jurisdiction line. Ms. Allen said as long as they were 18
feet within the Seawall.
Mayor Buelterman said that restriction ends at the curve and you can go north of the anchor all
the way around to the Lazaretto Creek Bridge and if you have been out there lately there are a lot of
trees 20 feet high. He asked if there was a possibility of getting sued because of people knowing the city
had more restrictive ordinances and now someone would be allowed to build. Mr. Brown said we don't
know who owns that property. Mayor Buelterman said the idea of a tree delineating your line doesn't
make any sense to him. Mr. Smith said the area in front of Captains row is owned by the association and
is maintained by the association. He said the property in question and in the conservation easement is
the property to the right of Van Horn and around to the front of Lighthouse Point and it has several
Prepared on 10/13/08vw Page 7 of 11
1
1
1
twenty foot trees in it. Mr. Wolff said several meetings ago they had a proposal in front of them that
was discussed at length and had input from several scientist as well as the Planning Commission and
DNR. He said they proposed some changes that would plug the holes that concern some of us and he
thinks they need to look at that again instead of just retracting everything they have on the books and
leaving themselves at the mercy of DNR. The vote was Crone, Doyle, Brewer and Brown in favor and
Smith and Wolff opposed.
Mr. Crone moved to approve for god Reading the Amendment to Section 6-12 Alcoholic
Beverages at Special Events to allow on Private Property, Ms. Doyle seconded. The vote was
unanimous.
Mr. Crone moved to approve for 2"d Reading the Amendment to Chapter 54 Article I11-
Alcoholic Beverages at Special Events to allow on Private Property, Mr. Wolff seconded. The vote was
unanimous.
* **
Mayor Buelterman asked council to allow staff to look into Tybee becoming designated as bike
friendly. Ms. Schleicher said it will be cheaper to do it now because we can pursue it along with the City
of Savannah and have the bike community work with us on our assessment and evaluation. She said she
would like to continue to investigate and bring a report back for council's consideration. Mayor
Buelterman requested this item be added to the action items list. Mr. Brown asked that bikes on Jones
Avenue be included on the action items list.
* **
Mr. Brewer said for the last few months he has followed some of the information that is brought
before us at council meetings about polls and data. He said he questions the validity of the information.
He said from what he can tell a lot of the information is submitted through e-mail and doesn't contain a
person's name but instead contains an e-mail name. He said they have found over time that some
people that speak to them have multiple e-mails and have submitted information under one name and
now have a different e-mail. He said a city that allows for information to be distributed through the city
needs to have some test of validity for the information. He said he read an article recently that said
city's that have public meetings should be very careful about the information that is passed across the
media. He said groups that use political type statements on subjects that are political in nature continue
to drive the division of this island. He said he has had people tell him that they responded to a survey
and their response was not accepted. He said that tells him there is someone that gets to choose who
gets into the poll and who doesn't. Mr. Brewer moved to require any Polls or Surveys brought before
City Council be submitted to City Clerk and verified to contain addresses of Tybee Residents. Mr.
Smith seconded and asked for clarification on whether this pertains to items listed on the agenda that
Prepared on 10/13/08vw Page 8 of 11
1
1
are pertinent to the survey. Mr. Brewer said no because surveys are given at almost every meeting
whether they involve items on the agenda or not.
Mayor Buelterman asked if this was a 1st amendment or constitutional issue. He said he should
have let Mr. Hughes know he was going to ask that question. Mr. Hughes said there is a lot going on in
this area about anonymous publications, particularly political things. Mr. Hughes requested to look into
possible 1st amendment implications. He said one issue is where they control the information that
comes before them where they have a good bit of control and at least that it be verified who the
information is coming from but content you would not have any control over. He said if it all remains
anonymous it is up to council to determine how much credit they give it. He said he thinks they could
require that all petitions be signed with an address provided. Mr. Smith asked if the group's website is
linked to the city website. Mr. Wolff said he feels that the more people they hear from the better and he
feels that anyone that goes through the time and trouble to put out a survey and bring them the results
should be listened to. Mr. Brewer said he feels they should be presenting accurate information to the
community and there is other media that could be utilized for the survey information to be given to the
public. Mr. Smith said he agrees with both Mr. Wolff and Mr. Brewer in that we need all the help we can
get and if you have an opinion there is nothing wrong with signing your name to it. Ms. Doyle asked Mr.
Hughes if they should allow him to look into this before they take a vote. Mr. Hughes said he would like
to look into this before it becomes policy to keep council from running afoul of the 1st amendment. He
requested to see the article Mr. Brewer referred to. Mr. Brewer said if it is council's wish to allow Mr.
Hughes to do his due diligence and bring this back for the next meeting it's alright with him. Mr.
Hughes said he would bring it back for consideration at 2nd meeting in October. Mr. Brewer withdrew
his motion, Mr. Smith withdrew his second.
* **
Mr. Hughes said a while back council directed a more concise version of the ethics ordinance be
prepared and submitted to the ethics commission and that was done. He said he attended one meeting
with them but they had an additional meeting and made suggestions that he thought were incorporated
into the ordinance but were not. Mr. Wolff said the commission has not had time to review the changes
and it would be a great disservice to not allow them time for their review. Mr. Brown moved to send
the Revised Ethics Ordinance to the Ethics Commission for their review and recommendation, Mr.
Wolff seconded. The vote was Brown, Wolff, Brewer, Doyle and Smith in favor and Crone opposed.
Mr. Hughes said they need to remove a specific recycling charge from the ordinance and have it
as an amount established by the Mayor and Council to be provided. He said this is consistent with what
we have done regarding other fee schedules and eliminating having to go for 1st and 2nd readings if you
want to change what the charge is. Mr. Wolff moved to approve for 1rt Reading the amendment to
section 22 -196. Solid Waste Ordinance regarding recycling fees, Mr. Crone seconded. The vote was
unanimous.
* **
Prepared on 10/13/08vw Page 9 of 11
1
1
1
Mr. Hughes said this ordinance will permit animals that otherwise would not be permitted on
the island except in cases of special events. He said this will be included in the event application and
dealt with at that time. Mayor Buelterman requested a line be added to the application to list what
animals the event is planning to bring. Mr. Wolff moved to approve for 1st Reading the amendment to
section 10.7 Special Events - Animals temporarily permitted, Ms. Doyle seconded. The vote was
unanimous.
* **
Jet Pay Contract -Mr. Hughes requested holding off on this contract due to the regular issues
which are the contract terminating at the end of the calendar year.
Comcast /Campground Contract -Mr. Hughes requested holding off on this contract because it
has to be adjusted to read the campground is actually owned by the Recreation Authority and not the
city.
* **
Mr. Hughes said the printer was approved as part of the budget but this contract has council
submitting themselves to the jurisdiction of Illinois and Illinois law controls and it has an indemnity
provision. He said the current printer agreement that was signed by the Manager at the time had us
already under the jurisdiction of Illinois. Mr. Hughes said Ms. Schleicher explained that we agreed to use
GMA leasing for items like this in order to avoid this situation but the rates have changed and made it
cost effective to lease with someone else. Ms. Schleicher said staff has looked at three machines and
this is the best one for making the office more efficient and will be able to interface. She said there is
some risk. Mr. Brown asked if there were a local contractor to provide this printer. Ms. Schleicher said it
is a local contractor but their home office is out of state and that is where the contracts are generated.
Mr. Wolff move to approve the OCE Financial Services Contract for Planning Department Printer based
on staff recommendation, Mr. Brown seconded. The vote was unanimous.
* **
Mr. Wolff moved to go into Executive Session to discuss Litigation and Personnel, Mr. Brewer
seconded. The vote was unanimous.
* **
Mr. Wolff moved to end Executive Session, Mr. Smith seconded. The vote was unanimous.
* **
Mr. Brown moved to adjourn, Mr. Smith seconded. The vote was unanimous.
Prepared on 10/13/08vw Page 10 of 11
1 0 - .
thumb O . Jiceek
or Jason uelterman
1
Vivian Woods, Clerk of Council
Prepared on 10/13/08vw
Page 11 of 11
1
1
1
(contains freeboard/5 yr rule)
ORDINANCE NO. 24-2008
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
RELATING TO LAND DEVELOPMENT AND FLOOD DAMAGE PREVENTION
TO AMEND SECTION 8 OF THE LAND DEVELOPMENT CODE AND TO AMEND
SECTION 5 -100 OF THE CODE OF ORDINANCES
FOR THE CITY OF TYBEE ISLAND, GEORGIA
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia
to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of
the citizens of Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is the Mayor and Council thereof, and
WHEREAS, the governing authority desires to adopt ordinances under it police, zoning,
and home rule powers,
WHEREAS, the City of Tybee Island desires to amend the Code of Ordinances relating
to flood damage prevention and also to provide for variances from the requirements of the flood
damage prevention ordinance, to repeal the existing flood damage prevention ordinance, to
provide for codification and to provide an effective date and other purposes,
NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee
Island that the code of ordinances is amended so that Land Development Code Section 8 shall
read as follows:
SECTION I
Land Development Code - Section 8 FLOO DAMAGE PREVENTI N INANCE
ARTICLE 1. STATUT IRY AUTHORIZATION FINDINGS OF FACT PURPOSE AND
OBJECTIVES
SECTION A. STATUTORY AUTHORIZATION
Article IX, Section II of the Constitution of the State of Georgia and Section 36- 1 -20(a) of the
Official Code of Georgia Annotated have delegated the responsibility to local governmental units
to adopt regulations designed to promote the public health, safety, and general welfare of its
citizenry. Therefore, the Mayor and Council of the City of Tybee Island, Georgia does ordain as
follows:
1
1
1
SECTION B. FINDINGS OF FACT
(1) The flood hazard areas of Tybee Island, Georgia are subject to periodic
inundation which results in loss of life and property, health and safety hazards,
disruption of commerce and governmental services, extraordinary public
expenditures for flood relief and protection, and impairment of the tax base, all of
which adversely affect the public health, safety and general welfare.
(2) These flood losses are caused by the occupancy in flood hazard areas of uses
vulnerable to floods, which are inadequately elevated, flood- proofed, or otherwise
unprotected from flood damages, and by the cumulative effect of obstructions in
floodplains causing increases in flood heights and velocities.
SECTION C. STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health, safety and general welfare and to
minimize public and private losses due to flood conditions in specific areas by provisions
designed to:
(1) require that uses vulnerable to floods, including facilities, which serve such uses,
be protected against flood damage at the time of initial construction;
(2) restrict or prohibit uses which are dangerous to health, safety and property due to
water or erosion hazards, or which increase flood heights, velocities, or erosion;
control filling, grading, dredging and other development which may increase
flood damage or erosion, and;
(4) prevent or regulate the construction of flood barriers which will unnaturally
divert flood waters or which may increase flood hazards to other lands;
control the alteration of natural floodplains, stream channels, and natural
protective barriers, which are involved in the accommodation of floodwaters.
(3)
(5)
SECTION D. OBJECTIVES
The objectives of this ordinance are:
(1) to protect human life and health;
(2) to minimize damage to public facilities and utilities such as water and gas mains,
electric, telephone and sewer lines, streets and bridges located in floodplains;
(3) to help maintain a stable tax base by providing for the sound use and
development of flood prone areas in such a manner as to minimize flood blight
areas,
(4) to minimize expenditure of public money for costly flood control projects;
1
(5) to minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
(6) to minimize prolonged business interruptions, and;
(7) to insure that potential homebuyers are notified that property is in a flood area.
ARTICLE 2. GENERAL PROVISIONS
SECTION A. LANDS TO WHICH THIS ORDINANCE APPLIES
This ordinance shall apply to all Areas of Special Flood Hazard within the jurisdiction of Tybee
Island, Georgia.
SECTION B. BASIS FOR AREA OF SPECIAL FLOOD HAZARD
The Areas of Special Flood Hazard identified by the Federal Emergency Management Agency
(FEMA) in its Flood Insurance Study (FIS), dated September 26, 2008, with accompanying maps
and other supporting data and any revision thereto, are adopted by reference and declared a part
of this ordinance. For those land areas acquired by a municipality through annexation, the
current effective FIS, supporting data and any revision thereto, for Chatham County, Georgia,
dated September 26, 2008 are hereby adopted by reference.
Areas of Special Flood Hazard may also include those areas known to have flooded historically
or defined through standard engineering analysis by governmental agencies or private parties but
not yet incorporated in a FIS.
The Repository for public inspection of the Flood Insurance Study (FIS), accompanying maps
and other supporting data is located: Building and Zoning Department, 403 Butler Avenue,
Tybee Island, Georgia 31328.
SECTION C. ESTABLISHMENT OF DEVELOPMENT PERMIT
A Development Permit shall be required in conformance with the provisions of this ordinance
PRIOR to the commencement of any Development activities.
SECTION D. COMPLIANCE
No structure or land shall hereafter be located, extended, converted or altered without full
compliance with the terms of this ordinance and other applicable regulations.
SECTIxIN E. ABROGATION AND GREATER RESTRICTIONS
This ordinance is not intended to repeal, abrogate, or impair any existing ordinance, easements,
covenants, or deed restrictions. However, where this ordinance and another conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
1
1
1
SECTION F. INTERPRETATION
In the interpretation and application of this ordinance all provisions shall be: (1) considered as
minimum requirements; (2) liberally construed in favor of the governing body, and; (3) deemed
neither to limit nor repeal any other powers granted under state statutes.
SECTION G. WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is considered reasonable for regulatory
purposes and is based on scientific and engineering considerations. Larger floods can and will
occur; flood heights may be increased by man-made or natural causes. This ordinance does not
imply that land outside the Areas of Special Flood Hazard or uses permitted within such areas
will be free from flooding or flood damages. This ordinance shall not create liability on the part
of the City of Tybee Island, Georgia or by any officer or employee thereof for any flood damages
that result from reliance on this ordinance or any administrative decision lawfully made
thereunder.
SECTION H. PENALTIES FOR VIOLATION
Failure to comply with the provisions of this ordinance or with any of its requirements, including
conditions and safeguards established in connection with grants of variance or special exceptions
shall constitute a violation. Any person who violates this ordinance or fails to comply with any
of its requirements shall, upon conviction thereof, be fined not more than $1000.00, or
imprisoned for not more than six (6) months, or both, and in addition, shall pay all costs and
expenses involved in the case. Each day such violation continues shall be considered a separate
offense. Nothing herein contained shall prevent the City of Tybee Island, Georgia from taking
such other lawful actions as is necessary to prevent or remedy any violation.
ARTICLE 3. ADMINISTRATION
SECTION A. DESIGNATION OF ORDINANCE ADMINISTRATO''
The designated representative of the Building and Zoning Department, Tybee Island, Georgia is
hereby appointed to administer and implement the provisions of this ordinance.
SECTION B. PERMIT PROCEDURES
Application for a Building Permit shall be made to the Building and Zoning Department Tybee
Island, Georgia on forms furnished by the community PRIOR to any development activities, and
may include, but not be limited to the following: plans in duplicate drawn to scale showing the
elevations of the area in question and the nature, location, dimensions, of existing or proposed
structures, earthen fill placement, storage of materials or equipment, and drainage facilities.
Specifically, the following information is required:
1
1
1
(1) Application Stage -
(a) Elevation in relation to mean sea level (or highest adjacent grade) of the
lowest floor, including basement, of all proposed structures;
(b) Elevation in relation to mean sea level to which any non - residential
structure will be flood - proofed;
(c) Design certification from a registered professional engineer or architect
that any proposed non - residential flood - proofed structure will meet the
flood - proofing criteria of Article 4, Section B (2) and D (2);
(d) Design certification from a registered professional engineer or architect
that any new construction or substantial improvement placed in a Coastal
High Hazard Area will meet the Criteria of Article 4, Section F (5);
(e) Description of the extent to which any watercourse will be altered or
relocated as a result of a proposed development, and;
(2) Connstructio Stage -
For all new construction and substantial improvements, the permit holder shall provide to the
Building and Zoning Department Tybee Island, Georgia an as -built certification of the regulatory
floor elevation or flood - proofing level immediately after the lowest floor or flood proofing is
completed. Where a structure is subject to the provisions applicable to Coastal High Ha rrds
Areas, after placement of the lowest horizontal structural members. Any regulatory floor
certification made relative to mean sea level shall be prepared by or under the direct supervision
of a registered land surveyor or professional engineer and certified by same. When flood
proofing is utilized for non - residential structures, said certification shall be prepared by or under
the direct supervision of a professional engineer or architect and certified by same.
Any work undertaken prior to submission of these certifications shall be at the permit holder's
risk.
The Building and Zoning Department Tybee Island, Georgia shall review the above referenced
certification data submitted. Deficiencies detected by such review shall be corrected by the
permit holder immediately and prior to further progressive work being allowed to proceed.
Failure to submit certification or failure to make said corrections required hereby, shall be cause
to issue a stop -work order for the project.
SECTION C UTIES AND RESPONSIBILITIES OF THE ADMINISTRATOR
Duties of the Building and Zoning Department Tybee Island, Georgia shall include, but shall not
be limited to:
(1) Review all development permits to assure that the permit requirements of this
ordinance have been satisfied;
(2) Review proposed development to assure that all necessary permits have been
received from governmental agencies from which approval is required by Federal
or State law, including section 404 of the Federal Water Pollution Control Act
Amendments of 1972, 33 U.S.C. 1334. Require that copies of such permits be
provided and maintained on file.
(3) Review all permit applications to determine whether proposed building sites will
be reasonably safe from flooding.
(4) When Base Flood Elevation data or floodway data have not been provided in
accordance with Article 2 Section B, then the Building and Zoning Department
Tybee Island, Georgia shall obtain, review and reasonably utilize any base flood
elevation and floodway data available from a Federal, State or other sources in
order to administer the provisions of Article 4.
(5) Review and record the actual elevation in relation to mean sea level (or highest
adjacent grade) of the regulatory floor, including basement, of all new or
substantially improved structures in accordance with Article 3, Section B (2).
(6) Review and record the actual elevation, in relation to mean sea level to which any
new or substantially improved structures have been flood - proofed, in accordance
with Article 4, Section B (2) and D (2).
(7)
When flood - proofing is utilized for a structure, the Building and Zoning
Department Tybee Island, Georgia shall obtain certification of design criteria
from a registered professional engineer or architect in accordance with Article
3(B)(1)(c) and Article 4(B)(2) or (D)(2).
(8) Obtain design certification from a registered professional engineer or architect that
any new construction or substantial improvement placed in a Coastal High Hazard
Area will meet the criteria of Article 4, Section F (5).
(9)
Make substantial damage determinations following a flood event or any other
event that causes damage to structures in flood hazard areas.
(10) Notify adjacent communities and the Georgia Department of Natural Resources
prior to any alteration or relocation of a watercourse and submit evidence of such
notification to the Federal Emergency Management Agency (FEMA).
(11) For any altered or relocated watercourse, submit engineering data/analysis within
six (6) months to FEMA to ensure accuracy of community flood maps through the
Letter of Map Revision process. Assure flood carrying capacity of any altered or
relocated watercourse is maintained.
(12) Where interpretation is needed as to the exact location of boundaries of the Areas
of Special Flood Hazard (for example, where there appears to be a conflict
between a mapped boundary and actual field conditions) the Building and Zoning
Department Tybee Island, Georgia shall make the necessary interpretation. Any
person contesting the location of the boundary shall be given a reasonable
opportunity to appeal the interpretation as provided in this Ordinance.
(13) All records pertaining to the provisions of this ordinance shall be maintained in
the office of the Building and Zoning Department 403 Butler Ave. Tybee Island,
Georgia, and shall be open for public inspection.
ARTICLE 4. PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. GENERAL STANDARDS
In ALL Areas of Special Flood Hazard the following provisions are required:
(1) New construction and substantial improvements of existing structures shall be
anchored to prevent flotation, collapse or lateral movement of the structure;
(2) New construction and substantial improvements of existing structures shall be
constructed with materials and utility equipment resistant to flood damage;
(3) New construction or substantial improvements of existing structures shall be
constructed by methods and practices that minimize flood damage;
(4) Elevated Buildings - All New construction or substantial improvements of
existing structures that include ANY fully enclosed area located below the lowest
floor formed by foundation and other exterior walls shall be designed so as to be
an unfinished or flood resistant enclosure. The enclosure shall be designed to
equalize hydrostatic flood forces on exterior walls by allowing for the automatic
entry and exit of floodwater. (NOT APPLICABLE IN COASTAL HIGH
HAZARD AREAS).
(a) Designs for complying with this requirement must either be certified by a
professional engineer or architect or meet the following minimum criteria:
(i) Provide a minimum of two openings having a total net area of not
less than one square inch for every square foot of enclosed area
subject to flooding;
(b)
(ii) The bottom of all openings shall be no higher than one foot above
grade; and,
(iii) Openings may be equipped with screens, louvers, valves or
other coverings or devices provided they permit the automatic flow
of floodwater in both directions.
So as not to violate the "Lowest Floor" criteria of this ordinance, the
unfinished or flood resistant enclosure shall only be used for parking of
vehicles, limited storage of maintenance equipment used in connection
with the premises, or entry to the elevated area, and
1
1
(c) The interior portion of such enclosed area shall not be partitioned or
finished into separate rooms.
(5) All heating and air conditioning equipment and components (including ductwork),
all electrical, ventilation, plumbing fixtures, and other service facilities shall be
designed and/or located so as to prevent water from entering or accumulating
within the components during conditions of flooding.
(6) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral
movement. Methods of anchoring may include, but are not limited to, use of
over -the -top or frame ties to ground anchors. This standard shall be in addition to
and consistent with applicable State requirements for resisting wind forces.
(7) New and replacement water supply systems shall be designed to minimize or
eliminate infiltration of flood waters into the system;
(8) New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of flood waters into the systems and discharges from the
systems into flood waters;
(9) On-site waste disposal systems shall be located and constructed to avoid
impairment to them or contamination from them during flooding, and;
(10) Any alteration, repair, reconstruction or improvement to a structure, which is not
compliant with the provisions of this ordinance, shall be undertaken only if the
non- conformity is not furthered, extended or replaced.
SECTION B. SPECIIFIC STANDARDS
In ALL Areas of Special Flood Hazard designated as A1-30, AE, AH, A (with estimated BFE),
the following provisions are required:
(1)
(2)
New construction and/or substantial improvements - Where base flood
elevation data are available, new construction and/or substantial improvement of
any structure or manufactured home shall have the lowest floor, including
basement, elevated no lower than one foot above the base flood elevation. Should
solid foundation perimeter walls be used to elevate a structure, openings sufficient
to facilitate the unimpeded movements of flood waters shall be provided in
accordance with standards of Article 4, Section A (4), "Elevated Buildings ".
a. All heating and air conditioning equipment and components (including
ductwork), all electrical, ventilation, plumbing fixtures and other service
facilities shall be elevated at or above one foot above the base flood
elevation.
Non- Residential Construction - New construction and/or the substantial
improvement of any structure located in A1-30, AE, or AH zones, may be flood -
proofed in lieu of elevation. The structure, together with attendant utility and
1
sanitary facilities, must be designed to be water tight to one (1) foot above the
base flood elevation, with walls substantially impermeable to the passage of
water, and structural components having the capability of resisting hydrostatic
and hydrodynamic loads and the effect of buoyancy. A registered professional
engineer or architect shall certify that the design and methods of construction are
in accordance with accepted standards of practice for meeting the provisions
above, and shall provide such certification to the official as set forth above and in
Article 3, Section C. (6).
(3) Standards for Manufactured Homes and Recreational Vehicles - Where base,
flood elevation data are available:
(a) All manufactured homes placed and/or substantially improved on: (1)
individual lots or parcels, (2) in new and/or substantially improved
manufactured home parks or subdivisions, (3) in expansions to existing
manufactured home parks or subdivisions, or (4) on a site in an existing
manufactured home park or subdivision where a manufactured home has
incurred "substantial damage" as the result of a flood, must have the
lowest floor including basement, elevated no lower than one foot above
the base flood elevation.
(b)
Manufactured homes placed and/or substantially improved in an
either existing manufactured home park or subdivision may be elevated so
that:
(i)
The lowest floor of the manufactured home is elevated no lower
than one foot above the level of the base flood elevation, or
(ii) The manufactured home chassis is elevated and supported by
reinforced piers (or other foundation elements of at least an
equivalent strength) of no less than 36 inches in height above
grade.
(c) All manufactured homes must be securely anchored to an adequately
anchored foundation system to resist flotation, collapse and lateral
movement. (ref. Article 4(A)(6) above)
(d) All recreational vehicles placed on sites must either:
(i) Be on the site for fewer than 180 consecutive days.
(ii) Be fully licensed and ready for highway use, (a recreational
vehicle is ready for highway use if it is licensed, on its wheels or
jacking system, attached to the site only by quick disconnect type
utilities and security devices, and has no permanently attached
structures or additions), or
(iii) The recreational vehicle must meet all the requirements for "New
Construction ", including the anchoring and elevation requirements
of Article 4, Section B (3)(a)(c), above.
(4). Flloodwav - Located within Areas of Special Flood Hazard established in Article
2, Section B, are areas designated as floodway. A floodway may be an extremely
hazardous area due to velocity floodwaters, debris or erosion potential. In
addition, the area must remain free of encroachment in order to allow for the
discharge of the base flood without increased flood heights. Therefore, the
following provisions shall apply:
(a) Encroachments are prohibited, including earthen fill, new construction,
substantial improvements or other development within the regulatory
floodway. Development may be permitted however, provided it is
demonstrated through hydrologic and hydraulic analyses performed in
accordance with standard engineering practice that the encroachment shall
not result in ANY increase in flood levels or floodway widths during a
base flood discharge. A registered professional engineer must provide
supporting technical data and certification thereof.
(b) ONLY if Article 4 (B)(4)(a) above is satisfied, then any new construction or
substantial improvement shall comply with all other applicable flood hazard
reduction provisions of Article 4.
SECTION C. BUILDING STANDARDS FOR STREAMS WITHOUT ESTABLISHED
BASE FLOOD ELEVATIONS AND /OR FLOODWAY (A -Z i NES)
Located within the Areas of Special Flood Hazard established in Article 2, Section B, where
streams exist but no base flood data have been provided (A- Zones), OR where base flood data
have been provided but a Floodway has not been delineated, the following provisions apply:
(1) When base flood elevation data or floodway data have not been provided in
accordance with Article 2(B), then the Building and Zoning Department shall
obtain, review, and reasonably utilize any scientific or historic base flood
elevation and floodway data available from a Federal, State, or other source, in
order to administer the provisions of Article 4. ONLY if data are not available
from these sources, then the following provisions (2 &3) shall apply:
(2) No encroachments, including structures or fill material, shall be located within an
area equal to the width of the stream or twenty -five feet, whichever is greater,
measured from the top of the stream bank, unless certification by a registered
professional engineer is provided demonstrating that such encroachment shall not
result in more than one, foot increase in flood levels during the occurrence of the
base flood discharge.
(3)
In special flood hazard areas without base flood elevation data, new construction
and substantial improvements of existing structures shall have the lowest floor of
1
1
the lowest enclosed area (including basement) elevated no less than three feet
above the highest adjacent grade at the building site. (NOTE: Require the lowest
floor to be elevated one foot above the estimated base flood elevation in A -Zone
areas where a Limited Detail Study has been completed). Openings sufficient to
facilitate the unimpeded movements of floodwaters shall be provided in
accordance with standards of Article 4, Section A (4) "Elevated Buildings ".
(a) All heating and air conditioning equipment and components
(including ductwork), all electrical, ventilation, plumbing fixtures, and
other service facilities shall be elevated no less than three feet above the
adjacent grade at the building site.
The Building and Zoning Department shall certify the lowest floor elevation level
and the record shall become a permanent part of the permit file.
SECTION D. STANDARDS FOR AREAS OF SPECIAL FLOOD HAZARD
(ZONES AE) WITH ESTABLISHED BASE FL OD ELEVATIONS
WITHOUT DESIGNATED FLOODWAYS
Located within the Areas of Special Flood Hazard established in Article 2, Section B, where
streams with base flood elevations are provided but no floodways have been designated, (Zones
AE) the following provisions apply:
(1) No encroachments, including fill material, new structures or substantial
improvements shall be located within areas of special flood hazard, unless
certification by a registered professional engineer is provided demonstrating that
the cumulative effect of the proposed development, when combined with all other
existing and anticipated development, will not increase the water surface
elevation of the base flood more than one foot at any point within the community.
The engineering certification should be supported by technical data that confornxs
to standard hydraulic engineering principles.
(2) New construction or substantial improvements of buildings shall be elevated or
flood - proofed to elevations established in accordance with Article 4, Section B.
SECTION E. STANDARDS FOR AREAS OF SHALLOW FLOODING (AO ZONES)
Areas of Special Flood Hazard established in Article 2, Section B, may include designated "AO"
shallow flooding areas. These areas have base flood depths of one to three feet (F -3') above
ground, with no clearly defined channel. The following provisions apply:
(1) All new construction and substantial improvements of residential and non-
residential structures shall have the lowest floor, including basement, elevated to
the flood depth number specified on the Flood Insurance Rate Map (FIRM),
above the highest adjacent grade. If no flood depth number is specified, the lowest
floor, including basement, shall be elevated at least three feet (3) above the
highest adjacent grade. Openings sufficient to facilitate the unimpeded
movements of flood waters shall be provided in accordance with standards of
Article 4, Section A (4), "Elevated Buildings ".
The surveyor, architect, or engineer shall certify the lowest floor elevation level
and the record shall become a permanent part of the permit file.
(2) New construction or the substantial improvement of a non - residential structure
may be flood - proofed in lieu of elevation. The structure, together with attendant
utility and sanitary facilities, must be designed to be water tight to the specified
FIRM flood level plus one foot, above highest adjacent grade, with walls
substantially impermeable to the passage of water, and structural components
having the capability of resisting hydrostatic and hydrodynamic loads and the
effect of buoyancy. A registered professional engineer or architect shall certify
that the design and methods of construction are in accordance with accepted
standards of practice for meeting the provisions above, and shall provide such
certification to the official as set forth above and as required in Articles 3(B)(1)(c)
and (3)(B)(2).
(3) Drainage paths shall be provided to guide floodwater around and away from any
proposed structure.
SECTION F. COASTAL, HIGH HAZARD AREAS (V- ZONES)
Located within the areas of special flood hazard established in Article 2, Section B, are areas
designated as Coastal High Hazard Areas (V- Zones). These areas have special flood hazards
associated with wave action and storm surge, therefore, the following provisions shall apply:
(1) All new construction and substantial improvements of existing structures shall be
located landward of the reach of mean high tide;
(2) All new construction and substantial improvements of existing structures shall be
elevated on piles, columns, or shear walls parallel to the flow of water so that the
bottom of the lowest supporting horizontal structural member (excluding pilings,
or columns) is located no lower than one foot above the base flood elevation
level. All space below the lowest supporting member shall remain free of
obstruction or constructed with non - supporting breakaway walls. Open wood
lattice work or decorative screening may be permitted for aesthetic purposes only
and must be designed to wash away in the event of abnormal wave action and in
accordance with Article 4, Section E (6) below;
(3)
All new construction and substantial improvements of existing structures shall be
securely anchored on pilings, columns, or shear walls; and
(4) All pile and column foundations and the structures attached thereto shall be
anchored to resist flotation, collapse, and lateral movement due to the combined
effects of wind and water loads acting simultaneously on ALL building
components, both (non - structural and structural). Water loading values shall
equal or exceed those of the base flood. Wind loading values shall be in
accordance with the most current edition of the (ICC) International Building
Codes.
(5) A registered professional engineer or architect shall certify that the design,
specifications and plans for construction are in compliance with the provisions
contained in Article 4, Section F (2)(3)(4) herein.
(6) All space below the lowest horizontal supporting member must remain free of
obstruction. Open wood lattice work or decorative screening may be permitted for
aesthetic purposes only and must be designed to wash away in the event of abnormal
wave action without causing structural damage to the supporting foundation or
elevated portion of the structure. The following design specifications are allowed:
(a) No solid walls shall be allowed, and;
(b) Material shall consist of open wood lattice or mesh screening only.
(c) If aesthetic open wood lattice work or screening is utilized, any enclosed
space shall not be used for human habitation, but shall be designed to be
used only for parking of vehicles, building access, or limited storage of
maintenance equipment used in connection with the premises.
Prior to construction, plans for any structures having open wood latticework or
decorative screening must be shown on the plans submitted to the Building and
Zoning Department Tybee Island, Georgia for review and approval;
(8) Any alteration, repair, reconstruction or improvement to any structure shall not
enclose the space below the lowest floor except with open wood latticework or
decorative screening, as provided in this Section.
(9) There shall be no fill used as structural support. Non - compacted fill may be used
around the perimeter of a building for landscaping/aesthetic purposes provided the
fill will wash out from storm surge, (thereby rendering the building free of
obstruction) prior to generating excessive loading forces, ramping effects, or wave
deflection. The Building and Zoning Department Tybee Island, Georgia shall
approve design plans for landscaping/aesthetic fill only after the applicant has
provided an analysis by an engineer, architect, and/or soil scientist, which
demonstrates that the following factors have been fully considered:
(7)
(a) Particle composition of fill material does not have a tendency for excessive
natural compaction;
(b) Volume and distribution of fill will not cause wave defection to adjacent
properties; and
(c) Slope of fill will not cause wave run -up or ramping.
1
1
1
(10) There shall be no alteration of sand dunes or mangrove stands, which would increase
potential flood damage;
(11) Prohibit the placement of manufactured homes (mobile homes), except in an existing
manufactured homes park or subdivision. A replacement manufactured home may
be placed on a lot in an existing manufactured home park or subdivision provided
the anchoring standards of Article 4, Section B(3) are met.
SECTION G. STANDARDS FOR SUBDIVISIONS
(1) All subdivision and/or development proposals shall be consistent with the need to
minimize flood damage;
(2) All subdivision and/or development proposals shall have public utilities and
facilities such as sewer, gas, electrical and water systems located and constructed
to minimize flood damage;
(3) All subdivision and/or development proposals shall have adequate drainage
provided to reduce exposure to flood hazards, and;
(4) For subdivisions and/or developments greater than fifty (50) lots or five (5) acres,
whichever is less, base flood elevation data shall be provided for subdivision and
all other proposed development, including manufactured home parks and
subdivisions. Any changes or revisions to the flood data adopted herein and
shown on the FIRM shall be submitted to FEMA for review as a Conditional
Letter of Map Revision (CLOMR) or Conditional Letter of Map Amendment
(CLOMA), whichever is applicable. Upon completion of the project, the
developer is responsible for submitting the "as- built" data to FEMA in order to
obtain the final LOMR.
SECTION H. STANDARD FOR CRITICAL FACILITIES
(1) Critical facilities shall be elevated to or above the 100 -year floodplain or the
500 -year floodplain.
(2) All ingress and egress from any critical facility must be protected to the
500 -year flood elevation.
ARTICLE 5. VARIANCE PROCEDURES
(A) The Planning Commission as established by the Mayor and Council of Tybee
Island, Georgia shall hear and make recommendations to the Mayor and Council
for appeals or variance from the requirements of this ordinance.
(B) Any person aggrieved by the decision of the Mayor and Council may appeal such
decision to the Superior Court of Chatham County, Georgia as provided in state
law.
(C) Variances may be issued for the repair or rehabilitation of Historic Structures
upon a determination that the proposed repair or rehabilitation will not preclude
the structure's continued designation as a Historic Structure and the variance is the
minimum to preserve the historic character and design of the structure.
(D) Variances may be issued for development necessary for the conduct of a
functionally dependent use, provided the criteria of this Article are met, no
reasonable altemative exists, and the development is protected by methods that
minimize flood damage during the base flood and create no additional threats to
public safety.
(E) Variances shall not be issued within any designated floodway if ANY increase in
flood levels during the base flood discharge would result.
(F) In reviewing such requests, the Planning Commission shall consider all technical
evaluations, relevant factors, and all standards specified in this and other sections
of this ordinance.
(0) Conditions for Variances:
(1) A variance shall be issued ONLY when there is:
(i) a finding of good and sufficient cause,
(ii) a determination that failure to grant the variance would result in
exceptional hardship, and;
(iii) a determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisance, cause fraud on or victimization of the
public, or conflict with existing local laws or ordinances.
(2) The provisions of this Ordinance are minimum standards for flood loss
reduction; therefore any deviation from the standards must be weighed
carefully. Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to afford
relief; and, in the instance of an Historic Structure, a determination that the
variance is the minimum necessary so as not to destroy the historic
character and design of the building.
(3)
Any applicant to whom a variance is granted shall be given written notice
specifying the difference between the base flood elevation and the
elevation of the proposed lowest floor and stating that the cost of flood
insurance will be commensurate with the increased risk to life and
property resulting from the reduced lowest floor elevation.
1
1
(4) Every applicant to whom a variance is granted from the elevation
requirements for the lowest floor elevation is required to have such
variance noted on the deed and the plat to the deed for the property on
which the structure is, or is to be, located. Such notation shall read as
follows:
(5)
A lowest floor elevation variance of feet has been
approved by the City of Tybee Island for a structure located on this
property. The structure is identified as a (Note: SELECT ONE)
single - family, duplex of multi - family dwelling, or commercial
building) located at . It should be noted that such
variance may significantly increase the flood insurance premiums
for this property, as well as increase the likelihood of flood damage
to the structure and its contents. Said variance was issued upon
petition of the property owner and was issued with the owner's full
knowledge of the consequences to the present and future owners
which may result therefrom.
A copy of the deed shall be filed by the Owner with the Building and
Zoning Department of the City of Tybee Island within two weeks of
receipt of formal notification of approval of a variance by the City of
Tybee Island.
The Building and Zoning Department Tybee Island, Georgia shall maintain
the records of all appeal actions and report any variances to the Federal
Emergency Management Agency upon request.
(I) Upon consideration of the factors listed above and the purposes of this ordinance,
the Planning Commission and/or Mayor and Council of Tybee Island, Georgia
may attach such conditions to the granting of variances as it deems necessary to
further the purposes of this ordinance.
ARTICLE 6. DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so
as to give them the meaning they have in common usage and to give this ordinance its most
reasonable application.
"Accessory Structure" means a structure having minimal value and used for parking, storage
and other non - habitable uses, such as garages, carports, storage sheds, pole barns, hay sheds and
the like.
"Addition (to an existing building)" means any walled and roofed expansion to the perimeter
of a building in which the addition is connected by a common load - bearing wall other than a
firewall. Any walled and roofed addition, which is connected by a firewall or is separated by an
independent perimeter load - bearing wall, shall be considered "New Construction ".
1
1
"Appeal" means a request for a review of the Planning Commission and/or Mayor and Council
of Tybee Island, Georgia interpretation of any provision of this ordinance.
"Area of shallow flooding means a designated AO or AH Zone on a community's Flood
Insurance Rate Map (FIRM) with base flood depths from one to three feet, and/or where a
clearly defined channel does not exist, where the path of flooding is unpredictable and
indeterminate, and where velocity flow may be evident.
"Area of special flood hazard" is the land in the floodplain within a community subject to a
one percent or greater chance of flooding in any given year. In the absence of official designation
by the Federal Emergency Management Agency, Areas of Special Flood Hazard shall be those
designated by the local community and referenced in Article 2, Section B.
"Base flood," means the flood having a one percent chance of being equaled or exceeded in any
given year.
"Base Flood Elevation (BFE)" The elevation shown on the Flood Insurance Rate Map for
Zones AE, AH, Al-A30, AR, AR/A, AR/AE, AR/A 1-A30, AR/AH, AR/AO, V1-V30, and VE
that indicates the water surface elevation resulting from a flood that has a one percent chance of
equaling or exceeding that level in any given year.
"Basement" means that portion of a building having its floor sub grade (below ground level) on
all sides.
"Breakaway wall" means a wall that is not part of the structure support of the building
and is intended through its design and construction to collapse under wind and water loads
without causing collapse, displacement, or other structural damage to the elevated portion
of the building or supporting foundation system.
"Building," means any structure built for support, shelter, or enclosure for any occupancy or
storage.
"Critical Facility" means any public or private facility, which, if flooded, would create an
added dimension to the disaster or would increase the hazard to life and health. Critical facilities
include:
a. Structures or facilities that produce, use, or store highly volatile, flammable,
explosive, toxic, or water - reactive materials; _
b. Hospitals and nursing homes, and housing for the elderly, which are likely to
contain occupants who may not be sufficiently mobile to avoid the loss of life or
injury during flood and storm events;
c. Emergency operation centers or data storage centers which contain records or
services that may become lost or inoperative during flood and storm events; and
generating plants, and other principal points of utility lines.
d. Generating plants, and other principal points of utility lines.
"Develop ent" means any man-made change to improved or unimproved real estate, including,
but not limited to, buildings or other structures, mining, dredging, filling, grading, paving,
excavating, drilling operations, and storage of materials or equipment.
"Elevated building" means a non - basement building built to have the lowest floor of the lowest
enclosed area elevated above the ground level by means of fill, solid foundation perimeter walls,
pilings, columns, piers, or shear walls adequately anchored so as not to impair the structural
integrity of the building during a base flood event.
"Existing Construction" Any structure for which the "start of construction" commenced before
November 22, 1972. [i.e., the effective date of the FIRST floodplain management code or
ordinance adopted by the community as a basis for that community's participation in the National
Flood Insurance Program (NFIP)].
"Existing manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum the installation of utilities, the
construction of streets, and final site grading or the pouring of concrete pads) is completed before
November 22, 1972. [i.e., the effective date of the FIRST floodplain management regulations
adopted by a community].
"Expansion to an existing manufactured home park or subdivision" means the preparation
of additional sites by the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed, including the installation of utilities, the construction of
streets, and either final site grading or the pouring of concrete pads.
"Flood" or "flooding" means a general and temporary condition of partial or complete
inundation of normally dry land areas from:
a. the overflow of inland or tidal waters; or
b. the unusual and rapid accumulation or runoff of surface waters from any source.
"Flood Hazard !: >oundary Map (FHBM)" means an official map of a community, issued by
the Federal Insurance Administration, where the boundaries of areas of special flood hazard have
been defined as Zone A.
"Flood Insurance Rate Map (FIRM)" means an official map of a community, issued by the
Federal Insurance Administration, delineating the areas of special flood hazard and/or risk
premium zones applicable to the community.
"Flood Insurance Study" the official report by the Federal Insurance Administration evaluating
flood hazards and containing flood profiles and water surface elevations of the base flood.
" Floodplain" means any land area susceptible to flooding.
"Flood proofing," means any combination of structural and non - structural additions, changes, or
adjustments to structures, which reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, structures and their contents.
1
1
1
"Floodway" means the channel of a river or other watercourse and the adjacent land areas that
must be reserved in order to discharge the base flood without cumulatively increasing the water
surface elevation more than a designated height.
"Freeboard" means a factor of safety usually expressed in feet above a flood level for purposes
of floodplain management. "Freeboard" tends to compensate for the many unknown factors that
could contribute to flood heights greater than the height calculated for a selected size flood and
floodway conditions, such as wave action, bridge openings, and the hydrological effect of
urbanization of the watershed.
"Functionally Dependent Use" means a use that cannot perform its intended purpose unless it
is located or carried out in close proximity to the water. The term includes docking facilities, port
facilities that are necessary for the loading and unloading of cargo or passengers, and ship
building and repair facilities, but does not include long -term storage or rented manufacturing
facilities.
it
est adjacent grade" means the highest natural elevation of the ground surface, prior to
construction, adjacent to the proposed foundation of a building.
"Historic Structure" means any structure that is:
a. Listed individually in the National Register of' Historic Places (a listing
maintained by the U.S. Department of Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing on the
National Register:
b. Certified or preliminarily determined by the Secretary of the Interior
as contributing to the historical significance of a registered historic
district or a district preliminarily determined by the Secretary to
qualify as a registered historic district:
c. Individually listed on a state inventory of historic places and determined as eligible
by states with historic preservation programs which have been approved by the
Secretary of the Interior; or
d. Individually listed on a local inventory of historic places and determined as eligible by
communities with historic preservation programs that have been certified either:
1. By an approved state program as determined by the Secretary of
the Interior, or
2. Directly by the Secretary of the Interior in states without approved
programs.
"Lowest floor" means the lowest floor of the lowest enclosed area, including basement. An
unfinished or flood resistant enclosure, used solely for parking of vehicles, building access, or
storage, in an area other than a basement, is not considered a building's lowest floor, provided
that such enclosure is not built so as to render the structure in violation of other provisions of this
code.
"Manufactured home" means a building, transportable in one or more sections, built on a
permanent chassis and designed to be used with or without a permanent foundation when
connected to the required utilities. The term also includes park trailers, travel trailers, and
similar transportable structures placed on a site for 180 consecutive days or longer and intended
to be improved property.
"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land
divided into two or more manufactured home lots for rent or sale.
"Mean Sea Level" means the average height of the sea for all stages of the tide. It is used as a
reference for establishing various elevations within the floodplain. For purposes of the National
Flood Insurance Program, the North American Vertical Datum (NAVD88), to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
"National Geodetic Vertical Datum (NGVD)" as corrected in 1929 is a vertical control used as
a reference for establishing varying elevations within the floodplain.
"New construction" means, for purposes of determining insurance rates, structures for which
the "start of construction" commenced after January 14, 1972 [the effective date of the initial
FIRM] and includes any subsequent improvements to such structures. For floodplain
management purposes, "new construction" means structures for which the "start of construction"
commenced after November 22, 1972 [the effective date of the first floodplain management
ordinance adopted by the community] and includes any subsequent improvements to such
structures.
"New manufactured home park or subdivision" means a manufactured home park or
subdivision for which the construction of facilities for servicing the lots on which the
manufactured homes are to be affixed (including at a minimum, the installation of utilities, the
construction of streets, and either final site grading or the pouring of concrete pads) is completed
on or after November 22, 1972. [i.e., the effective date of the first floodplain management
regulations adopted by a community].
"North American Vertical Datum (NAVD)" has replaced the National Geodatic Vertical
Datum of 1929 in existing and future FEMA Floods Modernization Maps.
"Recreational vehicle" means a vehicle, which is:
a. built on a single chassis;
b. 400 square feet or less when measured at the largest horizontal projection;
c. designed to be self - propelled or permanently towable by a light duty truck; and
d. designed primarily not for use as a permanent dwelling but as temporary living
quarters for recreational, camping, travel, or seasonal use.
1
"Start of construction" means the date the development permit was issued, provided the actual
start of construction, repair, reconstruction, or improvement was within 180 days of the permit
date. The actual start means the first placement of permanent construction of the structure such
as the pouring of slabs or footings, installation of piles, construction of columns, or any work
beyond the stage of excavation, and includes the placement of a manufactured home on a
foundation. (Permanent construction does not include initial land
Preparation, such as clearing, grading and filling; nor does it include the installation of streets
and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or
the erection of temporary forms; nor does it include the installation on the property of buildings
appurtenant to the permitted structure, such as garages or sheds not occupied as dwelling units or
part of the main structure. (NOTE: accessory structures are NOT exempt from any ordinance
requirements) For a substantial improvement, the actual start of construction means the first
alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that
alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building that is principally above ground, a
manufactured home, a gas or liquid storage tank.
"Subdivision" the division of a single lot into two or more lots for the purpose of sale or
development.
"Subs: tial damage" means damage of any origin sustained by a structure whereby the cost of
restoring the structure to its before damaged condition would equal or exceed fifty (50) percent
of the market value of the structure before the damage occurred.
"Substantial improvement" means any combination of repairs, reconstruction, alteration, or
improvements to a structure, taking place during a 5 -year period, in which the cumulative cost
equals or exceeds fifty (50) percent of the market value of the structure before the "start of
construction" of the improvement. NOTE: The market value of the structure should be (1) the
appraised value of the structure prior to the start of the initial repair or improvement, or (2) in
the case of damage, the value of the structure prior to the damage occurring. This term includes
structures, which have incurred "substantial damage ", regardless of the actual amount of repair
work performed. The term does not, however, include either:
(1) Any project for improvement of a structure to correct existing violations of state or
local health, sanitary, or safety code specifications which have been identified by the
local code enforcement official and which are the minimum necessary to assure safe
living conditions, or
(2) Any alteration of a "historic structure" provided that the alteration will not preclude
the structure's continued designation as a "historic structure ".
For the purposes of this definition, "substantial improvement" is considered to occur when the
first alteration of any wall, ceiling, floor, or other structural part of the structure commences,
whether or not that alteration affects the external dimensions of the structure.
"Substantially improved existing manufactured home parks or subdivisions" is where the
repair, reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or
exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction
or improvement commenced.
"Variance" is a grant of relief from the requirements of this ordinance, which permits
construction in a manner otherwise prohibited by this ordinance
"Violation" means the failure of a structure or other development to be fully compliant with the
community's floodplain management regulations. A structure or other development without the
elevation certificate, or other certifications, or other evidence of compliance required by this
ordinance is presumed to be in violation until such time as that documentation is provided.
ARTICLE 7. SEVERABILITY
If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect
the validity of the remaining portions of this Ordinance.
ARTICLE 8. REPEALER
The adoption of this ordinance repeals and supercedes the present Flood Damage Prevention
Control Ordinance contained in the Land Development Code Section 8 -010 through Section 8-
170.
SECTION II
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become and be made a part of the Code of Ordinances, City of Tybee Island,
Georgia, and the sections of this ordinance may be renumbered if necessary to accomplish such
intention.
This Ordinance shall become effective on
ADOPTED THI(9DAY OF
2008.
�YOR
day of
ATTEST:
CLERK OF COUNCIL
FIRST READING: /O O
r _ I
SECOND READING: 1 DE
ENACTED: /(o
G: \Tybee \Ordinances\2008 \FLOOD DAMAGE PREVENTION 09.18.08 10:13 AM
2008.
1
1
1
ORDINANCE NO. 29-2008
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
TO AMEND CODE SECTION 6 -12, REGARDING ALCOHOLIC BEVERAGES,
TO PROHIBIT THE SALE OR DISTRIBUTION OF ALCOHOLIC BEVERAGES AT
SPECIAL EVENTS, AND TO AMEND THE SAME IN ORDER TO PERMIT THE SALE OR
DISTRIBUTION OF ALCOHOLIC BEVERAGES AT CERTAIN SPECIAL EVENTS
FOR THE CITY OF TYBEE ISLAND, GEORGIA
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia
to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of
the citizens of Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is the Mayor and Council thereof, and
WHEREAS, the governing authority desires to adopt ordinances under its home rule
powers,
NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee
Island that the Code, Chapter 6, Article 1, be amended so as to amend newly created Section 6-
12 to prohibit the sale, pouring or distribution of liquor at special events except as approved by
Council concerning special events on private property and in particular special events provided
for in Article III of Chapter 54 of the Code. Such section, as amended, shall read as follows:
Section 6 -12 Liquor Prohibited at Special Events
Except as expressly permitted by the Mayor and Council for special events on private
property, no liquor may be sold, poured, or distributed at special events as provided in Chapter
54, Article III of the Code.
This Ordinance shall become effective on day of `' D LOA 1 , 2008.
1
1
ADOPTED THI AY O
CLERK OF COUNCIL
FIRST READING: OR
-4;
SECOND READING:
ENACTED:
2008.
G:/EMH/TYBEE/ORDINANCES/2008 /Alcoholic Beverages - Special Events 08.20.08
ORDINANCE NO. 30-2008
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
REGARDING SPECIAL EVENTS AND ALCOHOLIC BEVERAGES,
TO AMEND CHAPTER 54, ARTICLE III CONCERNING SPECIAL EVENTS,
FOR THE CITY OF TYBEE ISLAND, GEORGIA
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia
to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of
the citizens of Tybee Island, Georgia, and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is the Mayor and Council thereof, and
WHEREAS, the governing authority desires to adopt ordinances under its home rule
powers,
NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee
Island that the Code, Chapter 54, Article III, be amended so as to modify Code Section 54 -74 to
permit the distribution of liquor at certain special events but to otherwise prohibit them, which
section, as amended, shall hereafter read as follows:
Section 54-74 Liquor Prohibited
Consistent with the provisions of Section 6 -12, no liquor may be sold or otherwise
distributed at any special event conducted under the provisions of this article except for special
events conducted on private property and approved by the ¥ayor and Council.
This Ordinance shall become effective on day of 5 �_ 1 2008.
ADOPTED THIS DAY 0
CLERK OF COUNCIL
FIRST READING:
SECOND REAI?ING:
ENACTED:
G:/EMWTYBEE/ORDINANCES/2008 /Alcoholic Beverages - Special Events2 08.20.08
1
1
1
STATE OF GEORGIA )
COUNTY OF CHATHAM )
AFFIDAVIT
PERSONALLY appeared before the undersigned attesting officer, duly
authorized to administer oaths, Ta.56 &L e, -nn , 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 ,./5 day of 40 0 ,, is 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 5 of
2008, which was closed for the
purpose(s) of t v7 CMS 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 day of
2008.
Officer �ayor/Presi g
Sworn to an
Me
cribed before
day of
2008
VIVIAN WOODS
ry Public, Chatham County, GA
My Commission Expiry M y 25, ^ "<<9