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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 1 1 1 October 10, 1991 Page 2 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. 1 October 10, 1991 Page 3 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. 1 1 1 October 10, 1991 Page 4 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 1 1 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: 1 1 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. 1 1 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. 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 1 1 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. 1 1 1 1 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