HomeMy Public PortalAbout19911010CCMeetingTybee Island, Georgia
October 10. 1991
The Tybee Island City Council held its regularly monthly
meeting on Thursday, October 10, 1991, at the Tybee Island City
Hall, with Mayor Charles J. Hosti presiding. The following members
of council were present: James P. Locklear, Jack Youmans, Bill
Walsh, Jimmy Brown, L. Jefferson Dukes and Paul Jackson. City
Attorney Thomas J. Mahoney was present to represent the city.
Mayor Hosti introduced the audience to the Cub Scout
Troop 48, who then led with the Pledge of Allegiance. Mayor Hosti
then presented each scout with a certificate. Councilman Locklear
gave the invocation.
The Mayor asked Jimmy Burke, Kathy Williams and Alice
Martin to come forward, he presented each with a certificate of
appreciation for all the good projects that they work on throughout
the year
Mayor Hosti opened the Public Hearing on the Rezoning of
Neighbor 7 from 13th Lane to Center Street, east of Butler Avenue,
from R -T to R -2. He asked if anyone wanted to talk in favor of the
rezoning. John Hutton stated that he has spoken to council on this
matter a number of times and that they need to consider that the
property owners are in favor of the rezoning. Mayor hosti then
asked if anyone wished to speak against the rezoning. Earl Shafer
said that on the petition that people were asked to sign the
petition stated 14th Street to Center Street as the area of
request. Mayor Hosti said that the application for the rezoning
from Neighborhood 7 was for 13th Lane to Center Street and was
advertised according to the Codes of Tybee Island. Bill Bremer said
that if the rezoning is passed it will reduce the value of his
mother's property, which is her only asset. Gloria Allen spoke on
behalf of her mother who owns a condo on Center Street saying that
the zoning should remain residential like the neighborhood. As
there was no one else who wished to speak Mayor Hosti closed the
Public Hearing.
Bert Barrett spoke to council concerning the public Right
of Ways. He said that fences, railroad ties and plants are on the
city property now. New water /sewer lines need to be beside roads
not under pavement. Public boat ramp at back river - property owner
is putting landscape. I've talked to the man and he is willing to .
give up very little. He said neighbors had signs and reflector in
city right of ways. We are losing public right of ways, and beach
access. Mayor stated that he won't allow turn a round to be blocked
and that the problem is being looked into by city officials. Mayor
said that he had appointed a committee to check on the obstructions
on public right of ways and there was also an article in the Tybee
News. Mr Barrett said the city owns 20 feet off the pavement and
the city will be sued if accident occurs. I, as a taxpayer, will
pay for it.
Jack Burton, chairman of the Recycling Committee gave a
report on the first 2 months of the program. He said that citizens
have asked that a container bin for plastic be acquired. Mr Burton
stated that after considering the cost for 3 container against the
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October 10, 1991
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profits the city receives from the recycling that the cost to the
city for a year would be no more than $1,000.00. He requested that
the council consider and vote on the 3rd container, if council
approves the container could be in place within 6 to 8 weeks.
Kathy Williams spoke on behalf of the Tybee Marine
Science Center and the Tybee Beautification Committee in reporting
on the Beach Sweep held on September 21, 1991. A total of 126
persons helped this year and approximately 3,000 lbs. of trash were
removed from the beach. Mrs. Williams thanked Spankys for providing
hot dogs and cold drinks for the workers and commended Billy Pye
and the DPW workers for all the work they do in keeping the beach
clean year round. Mrs. Williams announced that the Evening
Adventure Program will be Saturday at 8 P.M. in City Hall.
John O'Neill spoke of the article in the Tybee News and
feels that it is a personal offense, the comment alluded to
ignoring invisible infrastructure. He said that work began in the
last administration on Chatham Avenue. He said that everyone should
be treated equally by City Hall - not just because of connections.
Mayor Hosti opened the meeting for business legally
presented. The first order of business to come before council was
the Ryan site plan. Attorney Phillip McCorkle spoke for Mr. Ryan
stating that Mr. Ryan has done all that has been asked by Planning
commission and City Council and is in compliance with the codes.
Please put yourself in Ryan's place and approve the site plan. City
Administrator, Rowena Fripp, read the recommendations by Planning
Commission. John Hutton stated that council has 3 powers; 1.)
approve the site plan 2.) require more property 3.) disapprove
site plan - does not fit, meet, match neighborhood. Which of these
3 are you going to do?
City Attorney. Thomas Mahoney, stated that Mr. Ryan's
request is not for a subdivision, rezoning or variance. It is for
the site plan approval /disapproval only. Address topic, render your
vote, any building permit would have to follow all codes that are
in effect.
Councilman Dukes said he has asked to be shown where the
applicant is not in compliance with the law. He said don't expect
me to vote against what is law. Councilman Dukes moved for approval
of the site plan. Councilman Youmans seconded. The vote by council
was three (3) in favor, three (3) opposed. Mayor Hosti said he was
elected to uphold the laws and I will not throw my integrity out
the window. The Mayor broke the tie by voting in favor of the site
plan.
Councilman Dukes moved to rezone Neighborhood 7 from R -T
to R -2. Councilman Jackson seconded the motion. City Attorney
Mahoney reminded city council of the zoning procedures 8 -4 -74 and
asked that they consider all of these criterias. The rezoning
request has been properly advertised and the public hearing has
been held. He said that the vote must be on what was advertised.
The vote by council was five (5) in favor, one (1) opposed
(Youmans). The area is rezoned to R -2.
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Mayor Hosti asked all citizens to write letters to the
Savannah /Chatham Board of Education requesting the return of the
Tybee School property to the citizens of Tybee.
Councilman Locklear moved to accept the minutes of the
September council meeting. Councilman Brown seconded, with a
unanimous vote by council.
Bills for the Month of September are as follows:
General Government 6,500.61
Other Governmental Expenses 19,282.41
Police 9,626.84
Parking 569.63
Recreation 1,616.39
Lifeguards 194.11
Fire Department 1,452.07
First Response 355.92
DPW 13,271.07
Sanitation 19,777.94
Water /Sewer 15,369.33
Councilman Brown moved to accept and pay the September
bills, with Councilman Walsh seconding. The vote by council was
unanimous.
Councilman Dukes stated that a poll of council was taken
for approval of a computer for the Inspection Office in the amount
of $1,900.00, which was approved. Councilman Dukes moved to
purchase the computer in the amount of $2,155.00, with Councilman
Locklear seconding. Vote by council was unanimous.
Councilman Dukes made a motion to approve the first phase
of the Tybee Island Police Upgrade Computer system in the amount of
$10,722.50 with the second phase being purchase in January 92 in
the amount of $4,332.33. Councilman Walsh seconded the motion.
Councilman Locklear made an amendment to the motion by requesting
that the second phase be purchase in December 91. Councilman Dukes
seconded this motion. Vote on the amendment was unanimous by
council. Vote on the original motion was also unanimous by council.
Councilman Dukes moved to approve the addition of the
third recycling bin for plastic, based on the excellent
presentation made by Jack Burton on the recycling and high level of
public acceptance. Councilman Locklear seconded, with unanimous
approval by council.
Mayor Hosti announced that a meeting will be held at
Johnny Harris's on Wednesday, October the 16th at 12 noon to
discuss the Fishing Pier.
The U.S. Cable transfer request for the contract was
approved.
Two letters of thanks were read from MDA for the Telethon
held Labor Day weekend.
Councilman Brown said that the Mayor should be authorized
to pursue the terms from Cellular One proposal for installing an
antenna on the water tank in Fort Screven.
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Code Section 9 -2 -17 Penalty was read for the second
reading by City Attorney Mahoney. Councilman Jackson moved for
acceptance with Councilman Locklear seconding. The vote by council
was unanimous.
Code Section 8 -5 -15 Continuance of Nonconforming Land Use
was read, with Councilman Youmans moving for acceptance and
Councilman Jackson seconding. Vote by council was unanimous.
Councilman Brown made a motion to a have second reading. Councilman
Youmans seconded. Vote by council was unanimous. Section 8 -5 -15 was
read for the second time with Councilman Jackson moving for
acceptance, and Councilman Youmans seconding. Vote by council was
unanimous.
Councilman Dukes moved to accept Code Section 2 -14 -17 on
first reading, with Councilman Locklear seconding. Councilman Walsh
stated that paying travel for student would be costly to the city.
Vote by council was five (5) in favor, one (1) opposed (Walsh).
The following ordinance titles were read for the first
reading: Sections 8 -2 -11 Building & Existing Building Codes
Adopted; 8 -2 -12 Electrical Code Adopted; 8 -2 -13 Plumbing Code
Adopted; 8 -2 -14 Gas Code Adopted; 8 -2 -15 Housing Code Adopted; 8 -2-
16 Mechanical Code Adopted; 8 -2 -17 Swimming Pool Code Adopted; 8 -2-
18 Fire Prevention Code Adopted. Councilman Locklear moved for
acceptance, with Councilman Jackson seconding. Vote by council was
unanimous.
As there was no further business to come before council
the meeting was adjourned.
Mayor Ch des J. Hosti
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CONSENT
The undersigned hereby consents to the transfer by US Cable of Southwest Texas,
Inc. ( "Transferor ") to US Cable of Lake County ( "Transferee ") of the franchise
granted by the undersigned to the Transferor as of February 6, 1980, and all
amendments or modifications thereto (the "Franchise "), and further consents to
the transfer in trust, mortgage, pledge, hypothecation, or grant of a security
interest in the Franchise by Transferee to secure indebtedness or obligations owed
or which may be incurred by the Transferee with respect to which a security
interest in all or substantially all of the assets of Transferee is granted in favor of
Transferee's lenders, and to the exercise by such lenders of their rights in the
Franchise as secured parties in the event of a default by the Transferee in the
performance of its indebtedness or obligations secured thereby; provided,
however, that nothing contained herein shall constitute a waiver of any rights of
the undersigned to approve of any other transfer or assignment of the Franchise.
The undersigned confirms that this Consent has been duly executed and delivered
pursuant to, and is authorized by, resolution duly adopted by the City of Tybee
Island, Georgia.
Dated:
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Ordinance # '_ tf
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 or 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.
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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.
Ig9I -a0
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.
cil
ADOPTED THIS Oik DAY OF , 1991.
1 Reading . tug � rig
2nd Reading ' e(yt \ q I etc 1
Enacted ZepA-Va.tflcil
'Mayor Charles J. Hosti
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AN ORDINANCE OF THE CITY OF TYBEE ISLAND, GEORGIA, CODE OF
ORDINANCES, SECTION 8 -5 -15.
BE IT ORDAINED, AND IT IS HEREBY ORDAINED BY THE MAYOR AND
COUNCIL IN OPEN MEETING ASSEMBLED, THAT CODE SECTION 8 -5 -15
BE DELETED IN ITS ENTIRETY. CODE SECTION 8 -5 -15 READS AS
FOLLOWSi
8 -5 -15. CONTINUANCE OF NONCONFORMING LAND USES.
Nonconforming land uses will be in accordance with Section 8 -5-
16. There will be no expansions of any nonconforming uses within
areas designated as coastal high hazard areas (V zones) or in A
zones except as per Section 8 -5 -20, "Variances ".
A OPTED IN OPEN MEETING ON 10 DAY OF
. 1991.
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Election Results - November 5, 1991
Mayor
3A Walter Parker 566
2A Bob Dyer 412
3A Mike Counihan 320
21A Jack Youmans 542
5A Jimmy Brown 536
17A Chris Solomon 534
10A Burke Day 484
20A Ansley Williams 452
14A Pat Locklear 451
18A Bill Walsh 437
8A Sandra Cornelius 418
16A Bill Remeta 399
13A Jim Kluttz 390
15A John O'Neill 382
11A Michael Spec Hosti 368
7A Mallie Clark Jr. 366
9A Jean Davis 337
4A Bob Adkins 330
6A Hank Chandler 219
19A Jiggs Watson 217
12A George Hunt 142