MINUTES

REGULAR MEETING

GLYNN COUNTY BOARD OF COMMISSIONERS

HISTORIC GLYNN COUNTY COURTHOUSE

701 “G” STREET, 2ND FLOOR, COMMISSIONERS’ MEETING CHAMBERS

THURSDAY, JUNE 16, 2011 AT 6:00 PM

 

PRESENT:                     Tom Sublett, Chairman, District 2

                                    Amy Callaway, Vice Chairman, District 1

Richard Strickland, Commissioner, District 3

Mary Hunt, Commissioner, District 4

Jerome Clark, Commissioner, District 5

Clyde Taylor, Commissioner, At Large Post 1

                                    Bob Coleman, Commissioner, At Large Post 2

                                   

ALSO PRESENT:           Aaron Mumford, County Attorney

Cindee Overstreet, County Clerk

 

 

INVOCATION AND PLEDGE

 

PUBLIC COMMENT PERIOD

 

No requests to speak were received during the sign up period.  Therefore, no public comments were received by the Board of Commissioners during the scheduled Public Comment Period

 

Point of Privilege

Commissioner Hunt informed the citizens of the Georgia Department of Revenue’s recent review of the Board of Assessors and Property Appraisal Office. She recommended the Board of Assessors present a plan to address the issues to be raised at the Board’s Special Called Meeting Tuesday, June 21, 2011.

 

A motion was made by Commissioner Strickland and seconded by Commissioner Hunt to add item 8.1 to the published agenda. The motion carried unanimously.

 

 

COMMISSION PRESENTATIONS AND ANNOUNCEMENTS

 

1.         Received the Year-to-Date (YTD) Financial Report. (P. McNicoll)  LINK

 

 

BUDGET ADOPTION

 

2.         Consider adopting the FY 11-12 budget. Transmittal Memo; FY12 Proposed Budget Summary; Personnel Changes; Personnel History; Capital; Organization Chart; FY11 Approved – FY12 Proposed Budget Comparison; Budget History Comparison

 

A motion was made by Commissioner Strickland and seconded by Commissioner Callaway to adopt the FY12 budget. The motion carried unanimously. Resolution #R-29-11

 

PUBLIC HEARING – Alcoholic Beverage License

 

3.         Consider the issuance of a 2011 alcoholic beverage license for Fine Cigar & Tobacco, 5000 Altama Avenue, Brunswick, Georgia. The license is to sell malt beverages and wine not for consumption on premises of a tobacco store; no Sunday sales.   This is a new license for 2011.  Pankajkumar Patel, licensee.  (Occupation Tax/Chief Doering) LINK

 

Pankajkumar Patel, licensee, was present at the meeting as required by ordinance. Police Chief Matt Doering said the applicant met the requirements for consideration of issuance of the license.

This item was opened for public comment, and Reverend Pickren, the pastor of a nearby church, spoke in opposition to the application.

 

A motion was made by Commissioner Taylor and seconded by Commissioner Coleman to deny the application. The motion failed 2-5, with Commissioners Clark, Callaway, Sublett, Strickland, and Hunt opposed. 

 

A motion was then made by Commissioner Callaway and seconded by Commissioner Strickland to approve the issuance of the alcoholic beverage license for Fine Cigar & Tobacco. The motion carried 5-2 with Commissioners Taylor and Commissioner Coleman opposed.

 

 

PUBLIC HEARING – Land Use

 

4.         ZM2206 Mike Murphy Property- Consider a request to rezone from LC (Local Commercial) and GC (General Commercial) to PD (Planned Development) for a property southeast of the intersection of Chapel Crossing Road and Altama Avenue. The proposal is to permit the existing auto sales and service use. Parcel ID 03-00954. James Bishop, agent for Rule 62 Enterprise, LLC, owner.  LINK

 

This property was zoned LC and GC, which allow retail sales, but do not specifically state “automobile dealership” as a specified use. This rezoning unified the zoning of the property to a single district (planned development). It also clarified that the existing use of the site is compliant with the zoning regulations.

The Mainland Planning Commission and staff recommended approval. The Planning Commission recommended a condition that the access to Chapel Crossing Road be right-in/right-out only.

This item was opened for public comment, and Jim Bishop, agent, was available to answer any questions.

A motion was made by Commissioner Hunt and seconded by Commissioner Taylor to approve application ZM2206 to rezone the property from LC and GC to PD with the condition that the access to Chapel Crossing Road be a right-in/right-out. The motion carried unanimously.  Resolution #R-26-11

 

CONSENT AGENDA – General Business

 

5.         Approved the minutes of the special called meeting of May 17, 2011, and the regular meeting of June 2, 2011, subject to any necessary corrections.  (C. Overstreet)

 

6.         Approve the placement of speed humps on Yarnell Drive in accordance with the Glynn County Speed Hump Policy.  (B. Rowell) This item was removed from the Consent Agenda for discussion at the request of Commissioner Strickland.  Link

 

7.         Appointed Mr. Michael Robinson to serve the unexpired term of Mr. Emmitt Nolen on the Selden Park Advisory Board. The term will expire June 30, 2013.  (A. Callaway)

 

8.         Authorized the St. Simons African American Heritage Coalition to perform permanent repairs and restoration of the roof of the Harrington Schoolhouse on the conditions that the Coalition sign an agreement indemnifying and holding harmless Glynn County from any and all liability arising from the roof work; and that such authorization does not release the Coalition or its contractors from their obligations to obtain any and all applicable building permits.  (A. Callaway)  LINK

 

8.1       Authorize the filing of a settlement claim in the Cell-Tek class action lawsuit. (W. Worley)

 

CONSENT AGENDA – Finance Committee

 

9.         Received the Workers Compensation Report.  (R. Coolidge) LINK

 

10.       Approved a request from Mr. Stewart Sadler that $153.04 paid in interest for parcel #04-02542 property taxes be refunded and approved a request from Ms. Chandra Capps that $417.76 paid in penalties and interest for parcel #03-11390 property taxes be refunded.  (FC Vote: 3-0)  LINK  LINK

 

11.       Approved a request from Mr. James Bishop that $5,551.80 paid in penalties and interest for parcel 04-12413 and 04-12414 property taxes be refunded.  (FC Vote: 3-0) LINK

 

12.       Approved a request from Marshland Credit Union that $154.13 paid in interest for parcel #03-12675 property taxes be refunded.  (FC Vote: 3-0) LINK

 

13.       Approved a request from Mr. Johnny Johnson that $1,177.47 paid in penalties, interest, and collection fees for parcel #03-08383 property taxes be refunded.  (FC Vote: 3-0) LINK

 

14.       Approved a request from Mr. David Whitworth that $45.84 paid in interest for parcel #04-05111 property taxes be refunded.  (FC Vote: 3-0) LINK

 

15.       Approved a request from Mr. and Mrs. Timothy Keadle that $54.28 paid in interest for parcel #04-10460 property taxes are refunded.  (FC Vote: 3-0) LINK

 

16.       Approved increasing the co-pay for hospital emergency room visits to $150 effective July 1, 2011, and approved the amendment to the CIGNA contract.  (FC Vote: 3-0) LINK

17.       Authorized the Recreation Department to advertise a public hearing to initiate additional passes for purchase at the Miniature Golf Course in Neptune Park.  (FC Vote: 3-0) LINK

 

18.       Awarded the bid for Neighborhood Parks Grounds Maintenance Services to the lowest responsive and responsible bidder, Creative Landscapes from Brunswick, Georgia, in the amount of $40,800 with funding to be provided by the Recreation Department operating budget.  (FC Vote: 3-0) LINK

 

19.       Approved a contract with Civic Plus (the current website host) to redesign the County’s website at a one-time cost of $2,500 with funding to be provided by the Information Technology Department’s operating budget.   (FC Vote: 3-0)  LINK

 

20.       Approved the contract with the Department of Corrections for a work detail from the Appling Pre-Release Center at a cost of $39,500 per year with funding from the Public Works FY 12 operating budget.  (FC Vote: 3-0) LINK

 

21.       Awarded the bid for the purchase of a sidewalk sweeper to Mark C. Pope Associates in the amount of $31,145.78 with funds to be provided by SPLOST 5.  (FC Vote: 3-0) LINK

 

22.       Awarded the bid for the purchase of a low boy tractor to Yancey Truck centers in the amount of $96,583.39 with funds to be provided by SPLOST 5.  (FC Vote: 3-0) LINK

 

23.       Authorized staff to purchase 50 Motorola Astro Digital XTS 1500 single band portable radios at a cost of $65,800 through the state contract with funding to be provided by the Public Works Department FY 11 operating budget.  (FC Vote: 3-0) LINK

 

24.       Exercised the second option year with Express Lube Car Wash at $9.33/basic wash and $9.98/special wash per vehicle per month with costs to come from each user's operating budget.  (FC Vote: 3-0) LINK

 

25.       Awarded the bid for the Bayberry N. Water System Improvement project to Allen Owens Construction, Blackshear, Georgia, in the amount of $92,308.20 with funding from program/object 4303.54375.  (FC Vote: 3-0) LINK

 

26.       Approved the Bill of Sale, Transfer and Conveyance and Acknowledgement of Receipt of Equipment Purchased with Public Safety Interoperable Communication (PSIC) Grant Funds in the amount of $1.00; and, accepted the Motorola Consolette XTL 5000, Model No. L20URRS9PWIAN, Serial No. 276CLV0072, PSIC Tag No. 226, together with one installation tray and one interface cable, to be used at the Glynn Brunswick E911 Communications Center to provide effective, reliable access to interoperable communications should a severe weather event or other disaster threaten the Glynn County area.  (FC Vote: 3-0) LINK

 

27.       Approved the sale of the equipment by Innovative Foam and authorize the release of Glynn County's security interest in the equipment in exchange for $18,000. Should the sale between the prospective buyer and Innovative Foam not occur as anticipated, in the alternative, staff is authorized to take the actions necessary to sell the equipment in the manner provided under the loan documents between the county and Innovative Foam, including a possible sale to Marx Industries, Inc. for $18,000, and to apply the proceeds of any sale to the loan obligations. Staff is also authorized to process the appropriate document(s) to accomplish and complete the action(s) authorized hereunder and the Chairman is authorized to execute same, if necessary.  (FC Vote: 3-0) LINK

 

A motion was made by Commissioner Strickland and seconded by Commissioner Clark to approve all items on the consent agenda with the exception of item 6, which was removed for discussion.  The motion carried unanimously.

 

ITEMS REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION

 

6.         Approve the placement of speed humps on Yarnell Drive in accordance with the Glynn County Speed Hump Policy.  (B. Rowell) This item was removed from the Consent Agenda for discussion at the request of Commissioner Strickland.  Link

 

Assistant County Administrator Becky Rowell provided a summary of the speed hump policy.

 

A motion was made by Commissioner Strickland and seconded by Commissioner Callaway to approve the request from 90% of the property owners on Yarnell Drive to install speed humps in accordance with the Glynn County Speed Hump Policy. The motion carried 6-0-1 with Commissioner Coleman abstaining.

 

 

APPOINTMENTS

 

28.       Appoint one (1) candidate to serve on the Gateway Behavioral Health Services Board. The term begins July 1, 2011, and ends June 30, 2014.

                        Nomination received:

                        Cap Fendig (currently serving)

                        Wes Schiwitz

 

A motion was made by Commissioner Clark and seconded by Commissioner Callaway to appoint Cap Fendig to serve on the Gateway Behavioral Health Services Board. The motion carried 6-1 with Commissioner Hunt opposed.

 

 

GENERAL BUSINESS

 

29.       Consider awarding the bid for the purchase of a fuel truck to Freightliner of Savannah in the amount of $106,794.00 with funds to be provided by SPLOST 5.  (FC Vote: 3-0) LINK

 

A motion was made by Commissioner Callaway and seconded by Commissioner Hunt to award the bid for a fuel truck in the amount of $106,794 from Freightliner of Savannah with funds to be provided by SPLOST 5. The motion carried unanimously.

 

30.       Approve the 2012 fiscal year Public Defender appropriation of $432,679 and execute the contract with the Brunswick Judicial Circuit Public Defender.  (FC Vote: 3-0) LINK

 

            A motion was made by Commissioner Callaway and seconded by Commissioner Taylor to approve the 2012 fiscal year Public Defender appropriation of $432,679 and execute the contract with the Brunswick Judicial Circuit Public Defender. The motion carried unanimously.

           

31.       Consider exercising the Board’s rights to exempt themselves from all bidding requirements for professional services in accordance with Purchasing Ordinance Section 2-2-13 for architectural and engineering services and enter into a contract with IPG for design and engineering services. (R. Strickland/T. Sublett/J. Clark)  Memo  RFP  Contract  Proposal  Fee

 

Pursuant to the Board’s request, the County’s outside counsel, Terry Reddick, reviewed the law and confirmed the County Attorney’s advice that the Board was within the law to exempt themselves from its bidding requirements.

Commissioner Taylor thanked County Attorney Aaron Mumford and Mr. Reddick for their review. He said he understood the Board was within the law to exempt itself, but he felt it best to solicit new proposals. Commissioner Coleman and Commissioner Clark agreed.

 

A motion was made by Commissioner Strickland and seconded by Commissioner Callaway to exercise the Board’s ability to exempt the procurement of professional services from all bidding requirements in accordance with Section 2-2-13(c)2 of the Glynn County Purchasing Ordinance, and approve the contract with IPG for architectural and engineering services for detention center construction. I further move that the Chairman be authorized to execute the contract with IPG in the amount of $1,095,000 pursuant to the terms of the Request for Proposal tor A&E Services for Detention Center Construction dated April 13, 2011, and IPG's proposal for same dated April 22, 2O11.  The motion failed 3-4 with Commissioners Clark, Commissioner Taylor, Commissioner Hunt, and Commissioner Coleman opposed.

 

32.       Consider adoption of a resolution calling for an election to be held on November 8, 2011, to reimpose a special one percent sales and use tax within Glynn County (SPLOST 6).    LINK  LINK

RESOLUTION OF THE BOARD OF

COMMISSIONERS OF GLYNN COUNTY, GEORGIA

WHEREAS, the Board of Commissioners of Glynn County (the "Board of Commissioners”) has considered and evaluated the provisions of law which authorize a special county one percent sales and use tax (the "Special Sales Tax") for various capital outlay projects as authorized by Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated (the "Act"), and has considered the effects of the implementation of such special county one percent sales and use tax upon Glynn County (the "County") and its residents; and

WHEREAS, the Board of Commissioners has determined that it is in the best interests of the citizens of the County that the Special Purpose Local Option Sales Tax be imposed in the special district of Glynn County beginning April 1, 2011; and

WHEREAS, Glynn County is now collecting a one percent Special Purpose Local Option Sales Tax which is scheduled to expire on December 31, 2011, and the Board of Commissioners desires to reimpose said tax for a period of time not to exceed five years and for the raising of an estimated amount of $89,200,000 for the purposes described in this resolution; and

WHEREAS, the City of Brunswick represents 19.32% of the total population of the County; and

WHEREAS, the Board of Commissioners desires to provide the voters of the County with the opportunity to vote pursuant to law in favor of or against the reimposition of the Special Sales Tax;

NOW, THEREFORE, BE IT RESOLVED by the Glynn County Board of Commissioners, acting in its capacity as the governing authority of Glynn County and in public meeting assembled, as follows:

1.                   The Board of Commissioners of Glynn County, subject to the assent of a majority of the qualified voters of Glynn County voting in an election held for such purpose, shall impose within Glynn County a Special Purpose Local Option Sales Tax for a period of time not to exceed five years and for the raising of an estimated amount of $89,200,000 for the purpose of funding the acquisition, construction, and equipping of the capital outlay projects described and set forth in Exhibit “A” attached hereto (attached to actual Resolution) and incorporated herein by reference.

2.                   No general obligation debt is to be issued in conjunction with the imposition of the Special Sales Tax. 

3.                   The maximum period of time for which the Special Purpose Local Option Sales Tax shall be imposed shall be five years for the capital outlay projects. The estimated cost of the projects which will be funded from the proceeds of the tax, which estimated cost shall also be the estimated amount of net proceeds to be raised by the tax, is $89,200,000.  A single one-percent Special Sales Tax shall be collected beginning on April 1, 2012, and ending March 31, 2017. Proceeds received from the Special Sales Tax shall be kept in a separate account from other funds of the County and City in accordance with O.C.G.A. § 48-8-121.

4.                   A copy of this resolution shall be delivered to the Glynn County Board of Elections and Registration and said board is requested to issue the call for the election to be held on November 8, 2011, for the purpose of submitting the question of the imposition of the Special Sales Tax to the voters of the County. Such call shall be issued in accordance with O.C.G.A. § 21-2-540. The Glynn County Board of Elections and Registration shall cause the date and purpose of the election to be published once a week for four weeks immediately preceding the date of the election in the official organ of the County and the notice thereof will be substantially in the form attached hereto and made a part hereof as Exhibit “B” (attached to actual Resolution).

5.                   All persons desiring to vote in favor of imposing the tax shall vote "Yes" and all persons opposed to levying the tax shall vote “No.”  If more than one-half of the votes cast are in favor of imposing the tax, then the tax shall be imposed as provided by Georgia law.  Otherwise the tax shall not be imposed and the question of imposing the tax shall not again be submitted to the voters of the County until after 12 months immediately following the month in which the election is to be held.  The Glynn County Board of Elections and Registration shall hold and conduct the election under the same rules and regulations as govern special elections set out in O.C.G.A.21-2-540. The Glynn County Board of Elections and Registration shall canvass the returns, declare the result of the election, and certify the result to the Secretary of State and to the Commissioner of the Department of Revenue of the State of Georgia.  The expense of the election shall be paid from County funds.

6.                   The Clerk of the Board of Commissioners is hereby authorized and directed to deliver a certified copy of this resolution to the Glynn County Board of Elections and Registration, as Election Superintendent. 

7.                   The proper officers and agents of the County are hereby authorized to take any and all further actions as may be required in connection with (a) calling and holding of the special election, (b) reimposition of the Special Sales Tax and (c) expenditure of Special Sales Tax proceeds for the acquisition, construction, and equipping of the capital outlay projects as set out herein.

8.                   All resolutions or parts of resolutions, if any, in conflict herewith, shall be and the same are hereby repealed.

9.                   This resolution shall take effect immediately upon its adoption.

 

A motion was made by Commissioner Callaway and seconded by Commissioner Taylor to adopt the SPLOST 6 resolution calling for an election to be held on November 8, 2011, to reimpose a special one percent sales and use tax within Glynn County, and that the Chairman be authorized to execute same. The motion carried unanimously.  Resolution #R-27-11

 

33.       Consider adoption of a resolution calling for an election to be held on November 8, 2011, to permit the voters of Glynn County to decide whether Glynn County is authorized to permit and regulate package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 p.m. and 11:30 p.m.  Link

 

RESOLUTION OF THE BOARD OF

COMMISSIONERS OF GLYNN COUNTY, GEORGIA

WHEREAS, Senate Bill 10, which amended O.C.G.A. § 3-3-7, was passed by the Georgia General Assembly and signed by the Governor in 2011; and

WHEREAS, Senate Bill 10 authorizes Glynn County to permit and regulate package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M., if approved by referendum by the electors of Glynn County voting in an election called and conducted in the manner authorized under O.C.G.A. § 21-2-540; and

WHEREAS, the Glynn County Board of Commissioners desires to place such a referendum on the November 8, 2011, ballot pursuant to O.C.G.A. § 21-2-540 and O.C.G.A. § 3-3-7, as amended by Senate Bill 10, in order to permit the qualified voters of Glynn County to decide whether Glynn County is authorized to permit and regulate package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M.;

NOW, THEREFORE, BE IT RESOLVED by the Glynn County Board of Commissioners, acting in its capacity as the governing authority of Glynn County, as follows:

(1)                The Board of Commissioners of Glynn County, subject to the assent of a majority of the qualified voters of Glynn County voting in an election held for such purpose, shall permit and regulate package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M, starting January 1, 2012.

(2)                A copy of this resolution shall be delivered to the Glynn County Board of Elections and Registration, and the Glynn County Board of Elections and Registration is hereby requested to issue the call for a special election to be held on November 8, 2011, for the purpose of submitting to the qualified voters of Glynn County the question set forth in paragraph three (3) below.

(3)                The ballot shall have written or printed thereon the words:

 

“(  ) YES

 

 (  )  NO

 

Shall the governing authority of Glynn County be authorized to permit and regulate package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M.?”

(4)                All persons desiring to vote for approval of package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M. shall vote “Yes,” and all persons desiring to vote for rejection of package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M. shall vote “No.” If more than one-half of the votes cast on the question are for approval of Sunday package sales by retailers of malt beverages, wine, and distilled spirits on Sundays between the hours of 12:30 P.M. and 11:30 P.M., such Sunday package sales by retailers of malt beverages, wine, and distilled spirits shall be permitted between the hours of 12:30 P.M. and 11:30 P.M., starting January 1, 2012.  If the referendum is approved by more than one-half of the votes cast on the question, staff is directed to draft and present the necessary amendment(s) to the Glynn County Code of Ordinances to the Board of Commissioners for review and approval before January 1, 2012.  The expense of the election shall be borne by the county.

(5)          It is hereby requested that the election be held by the Glynn County Board of Elections and Registration in accordance with the election laws of the State of Georgia, including, without limitation, the election laws relating to special elections. It is hereby further requested that the Glynn County Board of Elections and Registration canvass the returns, declare the result of the election, and certify the result to the Secretary of State.

(6)          The Glynn County Board of Elections and Registration is hereby authorized and requested to cause the date and purpose of the election to be published once a week for four weeks immediately preceding the date of the election in the official organ of the county.  The notice of the election shall be in substantially the form attached hereto as Exhibit “A”. (Attached to actual Resolution)

(7)          The Clerk of the Board of Commissioners is hereby authorized and directed to deliver a certified copy of this resolution to the Glynn County Board of Elections and Registration, as Election Superintendent.

(8)          The proper officers and agents of the county are hereby authorized to take any and all further actions as may be required in connection with the calling and holding of the special election contemplated herein, including specifically, but not limited to, submission of this resolution and ballot question to the United States Department of Justice for preclearance pursuant to the Voting Rights Act of 1965.

(9)          All resolutions or parts of resolutions, if any, in conflict herewith, shall be and the same are hereby repealed.

(10)        This Resolution shall take effect immediately upon its adoption.

 

A motion was made by Commissioner Hunt and seconded by Commissioner Callaway to adopt a resolution and that the Chairman is authorized to execute same. The motion carried unanimously.  Resolution #R-28-11

 

 

EXECUTIVE SESSION

 

The Board did not hold an Executive Session during this meeting.

 

There being no further business, the meeting was adjourned at 7:02 p.m.

 

 

 

                                                                                    ____________________________

Tom Sublett, Chairman

                                                                                    Board of Commissioners

                                                                                    Glynn County , Georgia

Attest:

 

 

_____________________________

Cindee S. Overstreet, Clerk