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HomeMy Public PortalAbout19910912CCMeeting1 1 1 September 12, 1991 The Tybee Island City Council held its regular monthly meeting on Thursday, September 12, 1991. Mayor Charles J. Hosti presided and the following members of Council were present: Paul Jackson, Jimmy Brown, Pat Locklear, Jack Youmans, Bill Walsh and Jeff Dukes. The meeting opened with an invocation by Councilman Locklear followed by the Pledge of Allegiance. Three certificates of appreciation were presented by the Mayor to John Bowers, Irene Williams and James H. Sheley, in recognition of their community service. Danny Weatherly reported on the MDA Telethon, thanking Mayor Hosti and Councilman Jimmy Brown for their help. Mayor Hosti was presented with a certificate of appreciation by the poster child, Steven Gillmore. John Hutton made a presentation regarding re- zoning of Neighborhood 7 - from Center Street to 13th Lane east of Butler. He explained the request for rezoning from R -T to R -2. Susan Delaney and Michael Terry also spoke in favor of this petition. Robert Martin spoke to inform Council that he is being denied a building permit to do work very similar to that done by 6 or 8 of his neighbors along Lewis Avenue. John Hutton spoke of the site plan for the proposed Breakers at 13th Street project saying that the drainage plan is not approved by the Planning Commission and is not adequate, nor is the water supply adequate. This opinion was supported by Kim Ribbens and Harriet Simmons. Pictures were supplied to the Councilmembers. Phillip McCorkle, attorney for developer Mike Ryan, spoke for the site plan, and called on Mike Hussey, engineer for the project. David Sipple spoke to support the proposed zoning change, saying that the Master Plan calls for this change and the majority of the people in the neighborhood approve. Alice Martin apologized for arriving late, saying that she was forced to conform to the flood law at great expense, and that she opposes any flood variances. Mr. Ernie Friedman spoke against the Breakers at 13th Street, citing deficiencies in the site plan. Nancy Frankenhauser invited everyone to participate in the Beach Sweep on Saturday, September 21st. Spankys will donate lunch. Councilman Dukes endorsed the Beach Sweep for the Tybee Marine Science Center. Tybee Island City Council September 12, 1991 Page Two A public hearing for subdivision of a duplex at P4 Seventh Street was held. Dale Johnson, builder, spoke for his project. There were no other speakers, for or against. The meeting was opened for business legally presented. Councilman Jackson moved approval of the subdivision at 44 Seventh Street. Councilman Youmans seconded and the vote was 5 - 1 in favor with Councilman Dukes casting the dissenting vote. Councilman Youmans then moved to accept the Ryan site plan for Breakers at 13th Street. The motion died for lack of a second. Councilman Jackson moved that the site plan be sent back to Planning Commission for assurance that their uncertainties had been adequately resolved. Councilman Dukes seconded, commenting that the applicant's rights should not be violated, but the city has the obligation to receive the recommendations of the Planning Commission, the DNR, and other inspectors. Councilman Youmans agreed, saying that Paul Jackson has sat here eight years voting against rezonings, but permits must be granted when all requirements are met. The vote was 5 - 1 with Councilman Youmans voting against the motion. Minutes of the two August meetings were approved as written. Bills for the month of August were approved. Councilman Dukes said that he has provided budget comparisons from the August statements for all. He also said that a change in the Booton plan has been approved in principle to allow computerization to proceed first in TIPD rather than DPW /WS but exact figures aren't yet available. He said he may ask Mayor Hosti to poll Council for approval of the estimated $9,000 expenditure. He added that the next budget adjustment will be just after the 3rd quarter ends. Councilman Youmans mentioned the new backhoe purchased by DPW and that the new striping machine is now being used to stripe Jones Avenue. Councilman Walsh moved that the alcohol beverage license for P J Winger's be granted. Councilman Jackson seconded and the vote was unanimous in favor. 1 1 1 1 Tybee Island City Council September 12, 1991 Page 'Three Councilman Locklear reported on the new ISO Rating which will be a "4 ", effective November 1st. Councilman Brown explained that some insurance companies don't use ISO fire ratings, but from those that do, local property owners' rates will be lowered. Councilman Brown reported that the lifeguards and parking department had a successful season, and may be kept on full time through September, if weather is favorable. Councilman Jackson moved to increase water /sewer rates on usage only from $1.10 to $1.315 per 1000 gallons. He said that the base charge will remain the same, so that small users will be impacted less. Councilman Locklear seconded the motion. Councilman Dukes gave the committee's minority report, saying that the majority report had just been given by Councilman Jackson. He said 1) that expenses exceeded income by $191,374 in the first 8 months of 1991, but he asked at the committee meeting that we first check to see if we can be moe cost - effective in our operation before deciding on an increase in fees. He said Mayor Hosts has diligently researched and has done all that was asked, and he withdrew his objections. Mayor Hosts said he believes this administration should do this and not leave it for the next. He said an extensive upgrade is needed to keep the five -year plan working. Councilman Youmans agreed, saying that it needs to be done. The vote was unanimous in favor. Planning Commission recommendations were read. Jim Kluttz asked that the plat for #4 Seventh Street show private access easement so that the second unit will be assured access to 7th Street. A letter dated August 7th from Joseph Dimock complimenting the Mayor on the beach was read. Three letters concerning Tybee School were read, two from the Board of Education dated August 6th and September 10th respectively, and one to the Board from the Mayor and Council. Mayor Hosti asked the public to write the Board supporting the city's stand about the school property. A letter from Representative Jack Kingston about the fishing pier was read; also a letter from Senator Coleman regarding possible use of the old Talmadge Bridge concrete piers for beach erosion. A letter reporting on recycling from Jack Burton was read. Also, a letter of resignation from the Planning Commission from Ginger Strickland. Councilman Jackson moved that Patricia B. Pagan be appointed absentee ballot clerk. Councilman Youmans seconded and the vote 1 1 1 was unanimous. A resolution of compliance with regulations regarding water treatment was read; Councilman Brown moved its adoption, seconded by Councilman Jackson. The vote was unanimous in favor. Tybee Island, Georgia September 12, 1991 Page Four A Proclamation honoring the 27th Bombardment Group, U S Army Air Corps Day, was read and unanimously endorsed by the City Council on motion of Councilman Youmans, seconded by Councilman Brown. Code Section 9 -2 -11 Vulgar. indecent, lewd, or immoral shows, etc., Generally. This ordinance was read for the second time. Councilman Locklear moved its approval, Councilman Dukes seconded. Vote was 4 - 2 with Councilmen Walsh and Youmans voting against. Code Section 9 -2 -12 Nude, etc., Dancing Exhibition, or serving. On second reading. Councilman Locklear moved for approval, seconded by Councilman Jackson and the vote was unanimous in favor. Code Section 9 -2 -13 Adult Bookstores, Triple -x Rated Theatres, Live Sex Shows, Sales of Paraphernalia. This ordinance, on second reading, passed by a vote of 5 to 1, with Councilman Youmans opposing. Motion to pass was made by Councilman Locklear, second was by Councilman Dukes. Code Section 9 -2 -14 Obscene Printed Matter, Pictures, or Other Things Tending to Corrupt Morals of Youth - Prohibited. On second reading, a motion was made by Councilman Locklear, seconded by Councilman Dukes and passed by a vote of 5 - 1, with Councilman Walsh opposed. Councilman Youmans questioned why video was omitted. Code Section 9 -2 -15 Displaying for Same. Passed unanimously on Second Reading with motion made by Councilman Locklear and seconded by Councilman Dukes. Code Section 9 -2 -16 Prosecution of Violators. This ordinance, with motion and second as above, passed unanimously on Second Reading. Code Section 9 -2 -17 Penalty. Passed unanimously on First ' Reading on motion made and seconded as above. Code Section 8 -2 -1. Appointment of Building Inspector. Councilman Youmans moved to table this motion until the City Marshal is trained. The motion died for lack of a second. 1 1 Page 5 September 12, 1991 Councilman Locklear moved adoption on First Reading, with second by Councilman Dukes. The vote was 5 - 1, with Councilman Youmans opposing. Second Reading is scheduled for October. The meeting was adjourned. Mayor Charles J osti 1 1 CQMPLIANCE MAINTENANCE RESOLUTION RESOLVED that the (Municipality) of Tybee Island informs the Georgia Department of Natural Resources Environmental Protection Division that the following actions were taken by (governing body) City Council 1. Reviewed the Compliance Maintenance Annual Report which is attached to this resolution. 2. Set forth the following actions necessary to maintain effluent requirements contained in the NPDES Permit: (a) Improve by upgrading equipment as advised by Water /Sewer Superintendent and engineer study. CO Continue good management practices already in place. (c) (d) Passed by a 411640SICNIA (unanimous) vote of the City Council on(date). September 12, 1991. Motion was made by Councilman Jimmy Brown and seconded by Councilman Paul Jackson. 3 -12 -91 1 1 P R O C L A M A T I O N WHERAS: the officers and men of the 27th Bombardment Group of the U. S. Army Air Corps built and were stationed at Hunter Field in Savannah in 1940; and WHEREAS- the 27th Bombardment Group was the only combat ready unit of the Air Corps and was the first Air Corps unit called to active duty by General Douglas MacArthur; and WHEREAS- on. November 1, 1941, the officers and men of the 27th departed their home base of Savannah for the Philippine Islands; and WHEREAS: while on the Bataan peninsula the 27th Bombardment Group, being without airplanes, fought as an infantry unit for ninety-nine days, on half rations and against tremendous odds, before surrendering to the enemy; and WHEREAS: after surrendering and having been without food for three days, the surviving officers and men of the 27th Group were forced to make the Bataan Death March across the peninsula; and WHEREAS: after being held prisoners of war for three and one -half years, the officers and men of the 27th Group were released two weeks after the end of the war; and WHEREAS: the surviving members of the 27th Group here returned to their home base of Savannah for their 50th Anniversary of the fall of Bataan. NOW, THEREFORE, I, Charles J. Hosti, Mayor of the City of Tybee Island, Georgia, in recognition of the officers and men of the 27th Bombardment Group of the U. S. Army Air Corps and of the ultimate sacrifice they made for the cause of freedom for our great country, do hereby proclaim Friday, October 18, 1991, as: "27th BOMBARDMENT GROUP, U. S. ARMY AIR CORPS DAY" on Tybee Island and urge all our citizens to take this day to remember the valiant sacrifices of these men and of all men who have fought for the cause of freedom throughout the world. THIS ,/3 DAY OF 1. 1 1 Ordinance # Be it ordained, and it is hereby ordained by Mayor and Council in Open Meeting assembled, that the Tybee Island Code of Ordinance, Title 9, Chapter 2 be amended by the addition of Sections 9 -2 -1 through 9 -2 -17 to read as follows: SECTION 9 -2 -11 Vulgar, Indecent, Lewd, or Immoral Shows, Etc; Generally. It shall be unlawful for any person to exhibit any vulgar, indecent, lewd, or immoral show, theatrical, opera, or concert. It shall be unlawful for the owner of manager of any ballroom, lounge, inn, opera house, or other houses where exhibits may be had to permit any vulgar, indecent, lewd, or immoral show, theatrical, opera, or concert to exhibit therein. SECTION 9 -2 -12 Nude, Etc., Dancing Exhibition, or serving. (a) It shall be unlawful to permit, and no license shall issue, for any nude, topless, or bottomless dancing, exhibition, or serving in a place in the city to which the public has access. (b) It shall be unlawful for any person displaying the nude body, regardless of whether male or female, to dance or otherwise perform as an entertainer in any public place or business establishment. As a means of clarification, no female shall publicly display the nipples of the breast, and no male or female shall allow to be exposed any private sex parts of the body, including the pubic hairs. SECTION 9 -2 -13 Adult Bookstores; Triple -X Rated Theaters; Live Sex Shows; Sales of Paraphernalia. It shall be unlawful for any person to operate an adult bookstore or shop; a triples -x rated movie house; to conduct live sex shows; or to sell any type of sex manipulation paraphernalia. SECTION 9 -2 -14 Obscene Printed Matter, Pictures, or Other Things Tending to Corrupt Morals of Youth -- Prohibited. It shall be unlawful for any person, within the city, to import, print, publish, exhibit, display, sell, or distribute any book, pamphlet, ballad, printed paper, stereopticon, moving picture, slide or film, or other thing, containing obscene language, or any obscene prints, figures, pictures, or descriptions manifestly tending to the corruption of the morals of youth, or introduce into any family, school, of place of education, or buy, procure., receive, or have in his or her possession any book, pamphlet, ballad, printed paper, stereopticon, slide or moving picture film, or other thing, either for the purpose of sale, exhibition, loan, or circulation, or with intent to introduce the same into any family, school, or place of education, or any other place of public amusement. 1 SECTION 9 -2 -15 Same - Displaying for Same. It shall be unlawful, within the city, for any person to put on display for sale, any pictures, magazines, papers and /or other reading material that: (1) Has nude or partially nude bodies or body; (2) Has suggestive sexual enticements or sexual perversity; and /or, (3) Suggests or describes any unwholesome sexual relations. SECTION 9 -2 -16 Prosecution of Violators. For the purpose of prosecution of violators of Sections 9 -2 -11 through 9 -2 -16, each and every violation of every separate section hereof, shall be considered a separate offense. SECTION 9 -2 -17 Penalty. Any person or persons found in violation of Section 9 -2 -11 through 9 -2 -15 shall, upon conviction before the Recorder of the City of Tybee Island, be fined not less than one hundred dollars ($100.00) , or imprisoned for a term not exceeding 30 days, either or both, in the discretion of the Recorder. ADOPTED THIS gik DAY OF 1991. etAf ayor 'Charles os'ti` 1st Reading 2nd Reading & fa, (911 Enacted • SLO