MINUTES

REGULAR MEETING

BOARD OF COMMISSIONERS

GLYNN COUNTY, GEORGIA

HELD AT THE NEW COURTHOUSE*

THURSDAY, FEBRUARY 6, 1997 AT 6:00 PM







PRESENT: Fred E. Tullos, Chairperson

Geraldine "Gerry" Robertson, Vice Chairperson

A. Jerome Clark, Commissioner

Thomas B. "Tommy" Clark, Commissioner

David L. Dowdy, Commissioner

Jack Hardman, Commissioner

Robert E. Strickland, Commissioner



ALSO PRESENT: Lee Gilmour, County Administrator

Gary Moore, County Attorney

Greg Bagley, Assistant County Attorney

Cynthia J. McKinley, County Clerk



5:00 PM Work Session at Historic Courthouse - Demonstration of Election Equipment. (F. Tullos)



INVOCATION AND PLEDGE



1. APPROVAL OF MINUTES



A. Approve Minutes of Regular Meeting held Thursday, January 16, 1997.



Motion to approve by Commissioner Robertson, seconded by Commissioner Jerome Clark. Unanimously approved.



B. Approve Minutes of Called Meeting held Tuesday, January 21, 1997.



Motion to approve by Commissioner Tommy Clark, seconded by Commissioner Dowdy. Motion passed 6-0-1, Commissioner Strickland abstained.



C. Approve Changes to Minutes of Regular Meeting held Thursday, January 9, 1997, as follows:



(1) Page 1, Caption Block, the year is changed from 1996 to 1997.



Motion to approve by Commissioner Tommy Clark, seconded by Commissioner Jerome Clark. Unanimously approved.



(2) Page 7, Executive Session, motion now reads "Motion by Commissioner Tommy Clark, seconded by Commissioner Robertson, to adjourn to Executive Session to discuss items of potential litigation and personnel".



Motion to approve by Commissioner Jerome Clark, seconded by Commissioner Tommy Clark. Unanimously approved.



POINT OF PRIVILEGE



Mr. Bob Benson, Water & Sewer Engineer, informed the Commissioners of an Open House at the Water & Sewer Department on February 21 & 22, 1997 at 9:30 am and 2:00 pm on both days.

2. ADOPTION OF PROCLAMATION



A. Adoption of Proclamation honoring Ms. Kitty Starnes on her retirement from the Visitors Bureau Board. (G. Robertson)



Motion to approve by Commissioner Tommy Clark, seconded by Commissioner Jerome Clark. Unanimously approved.



B. Adoption of Proclamation honoring Ms. Maude Bunkley on her retirement from Glynn County Public Works Department. (F. Tullos)



Motion to approve by Commissioner Hardman, seconded by Commissioner Robertson. Unanimously approved.



C. Adoption of Proclamation honoring Mr. Emory Dawson for his many years of Public Service to Glynn County. (R. Strickland)



Motion to approve by Commissioner Hardman, seconded by Commissioner Dowdy. Unanimously approved.



3. DELEGATIONS



A. Mr. Perry Fields, representing residents who live on dirt roads. (F. Tullos)



Mr. Fields requested that his dirt road be paved before any new roads are build.



POINT OF PRIVILEGE



Chairperson Tullos opened up the discussion of the East/West Corridor and asked for comments by those who are for or against the project. The following people made brief comments opposing this project:



Mr. Dan Coty Pastor Johnny Graves

Ms. Martie Geonopulos Perry Fields



Chairperson Tullos asked Mr. Keith Flanagan to make his presentation based on his latest information. Mr. Flanagan described a fourth alternative route for the connector road. This property is owned by one person, who is willing to sell the property and would have the least affect on the property owners of Pineview Subdivision.



Motion by Commissioner Strickland, seconded by Commissioner Hardman for discussion purposes, to use $1,000,000 from the Fund Balance to begin the paving of dirt roads. Motion failed 2-5. Commissioner Dowdy and Commissioner Strickland voted in favor of the motion, all others opposed.



Motion by Commissioner Hardman, seconded by Commissioner Tommy Clark, to begin paving dirt roads on the Priority 1 list, as soon as the SPLOST money starts to come in. Unanimously approved.



Motion by Commissioner Hardman, seconded by Commissioner Dowdy, to approve the connector as described by Mr. Flanagan with the fourth alternative route, with the specific condition not to tie into Cypress Mill Road; giving the letter of commitment to DOT; letting County Staff acquire the necessary property, with the developer paying for the acquisitions in exchange for the developer receiving the excess property not required for the right of way. Motion passed 4-3. Commissioner Strickland, Commissioner Hardman, Commissioner Robertson, and Commissioner Dowdy voted in favor of the motion. Commissioner Tommy Clark, Commissioner Jerome Clark, and Chairperson Tullos opposed.



B. Mr. Terry L. Smith, Manager of Brunswick Division of the Georgia Department of Veterans Service, to introduce himself and make brief presentation. (F. Tullos)



Received for informational purposes.



C. Mr. Joe Hammill to make presentation and request support of the concept of creating a Georgia State Aquarium and Maritime Museum Study Commission. (J. Hardman)





Motion by to approve Resolution in support of a Georgia State Aquarium and Maritime Museum Study Commission. Unanimously approved.



D. Mr. Chester Zubrowski and members of the Historic Courthouse Restoration Committee to make presentation regarding Historic Courthouse renovation. (J. Hardman)



Received for informational purposes.



E. Discussion by St. Simons Island Council of Brunswick-Glynn County Chamber of Commerce and other concerned citizens regarding provision of eyebrows on Frederica Road and sidewalk (bike paths) on Frederica Road. (G. Robertson)



Motion by Commissioner Robertson, seconded by Commissioner Dowdy, to begin the bid process to construct the 5 eyebrow lanes on Frederica Road from Riverview Drive to the Sea Island Causeway. Unanimously approved.



F. Kings Terrace Subdivision representative(s) relative to relocation of Bell South Digital Loop Equipment. (G. Robertson)



Motion by Commissioner Robertson, seconded by Commissioner Hardman, to give Bell South 45 days from today to remove the slicker box to another location or the Commission will seek punitive damages for the loss of the park. Unanimously approved.



4. PUBLIC HEARINGS



A. Zoning



(1) GC-3-97



Request for an Amendment to Planned Development - General Zoning Text and Master Plan 3-91 (revision 30-94) for Barnes Plantation; subject amendment is to eliminate condition regarding access and allow a right turn in and out directly off Frederica Road, to a 1.17 acre commercial out-parcel beginning approximately 110 feet north of Fourth Avenue, St. Simons Island. Property owned by Jasper Barnes; Abbas Vakili.



Motion to approve by Commissioner Strickland, seconded by Commissioner Jerome Clark. Unanimously approved.



(2) SUP-1-97



Request for a Special Use Permit in the General Commercial - Core and St. Simons Village Preservation Districts, to permit a restaurant. Subject property known as Unit 1 and a portion of Unit 2 Village Mall Condominiums, consisting of 1,140 square feet (310-B Mallory Street). Property owned by Thomas H. Smoot, II; Alan K. Worthley, Applicant/Business Owner.



Motion to approve by Commissioner Dowdy, seconded by Commissioner Robertson. Unanimously approved.



(3) Consider Amending the Glynn County Subdivision Regulations Article VII, Section 704. Final Plat, Subsection 704.1 o), regarding the 100 year flood boundary statement on subdivision plats (Federal Emergency Management Agency Flood Insurance Rate Maps). (K. Flanagan)



Motion to approve by Commissioner Strickland, seconded by Commissioner Jerome Clark. Unanimously approved.



(4) Consider Amending the Glynn County Zoning Ordinance, Section 302. Definitions, add definitions for the following: 1) DCA Georgia Department of Community Affairs of the State of Georgia; 2) Industrialized Housing; and 3) Neighborhood. Provide standards for the inclusion of and regulation of Industrial Housing; add a new section to be known as Section 622. Industrial Housing Requirements, outlining installation and taxing requirements.



Motion to defer until the next Zoning Hearing by Commissioner Hardman, seconded by Commissioner Tommy Clark. Unanimously approved.



B. Business License



(1) Consider issuance of 1997 Alcoholic Beverage License for Murphy's Tavern, 415 Mallory Street, St. Simons Island, Georgia. LICENSE FOR CONSUMPTION ON PREMISES OF LIQUOR, BEER, AND WINE. SUNDAY SALES PROHIBITED.



Motion to approve by Commissioner Jerome Clark, seconded by Commissioner Dowdy. Unanimously approved.



(2) Consider issuance of 1997 Alcoholic Beverage License for Fortune House, 224 Retreat Village, St. Simons Island, Georgia. LICENSE FOR CONSUMPTION ON PREMISES OF BEER AND WINE. SUNDAY SALES PERMITTED.



Motion to approve by Commissioner Dowdy, seconded by Commissioner Robertson. Motion passed 6-0-1, Commissioner Tommy Clark abstained.



(3) Consider issuance of 1997 Alcoholic Beverage License for Sea Grill, 310-B Mallory Street, St. Simons Island, Georgia. LICENSE FOR CONSUMPTION ON PREMISES OF BEER AND WINE. SUNDAY SALES PERMITTED.



Motion to approve by Commissioner Robertson, seconded by Commissioner Dowdy. Motion passed 6-0-1, Commissioner Tommy Clark abstained.



(4) Consider issuance of 1997 Alcoholic Beverage License for Publix Super Market #431, 110 Altama Connector, Brunswick, Georgia. LICENSE FOR PACKAGE SALES OF BEER AND WINE. SUNDAY SALES PROHIBITED.



Motion to approve by Commissioner Strickland, seconded by Commissioner Dowdy. Motion passed 6-0-1, Commissioner Tommy Clark abstained.



5. CONSENT AGENDA



A. Finance Committee



(1) Recommend denial of a request by Ms. Rachel H. Knowles that $63.52 in interest and penalties paid on 1996 Property Taxes be refunded. (Vote: 3-0-0)



(2) Consider awarding the bid for the purchase of budgeted items to the following vendors whose bid was the low bid, within the budget amount and complied with all the bid specifications:



(a) Recommend the bid to purchase Baseball/Softball uniforms and equipment to be awarded to the multiple vendors listed on the tabulation sheet at the lowest bid prices for a total cost of $47,787.95. (Vote: 3-0-0)



(b) Recommend the bid to purchase a 1,250 GPM Pumper Fire Truck for the Fire Protection Fund be awarded to Ferrara Fire Apparatus, Inc., Holden, LA, in the amount of $215,522.00 and that the budget shortfall of approximately $20,000 be funded from the Fire Protection Fund's Fund Balance. (Vote: 3-0-0)



(3) Consider awarding a contract for the following items to the vendor whose bid was the low bid, within the budget amount and complied with all the specifications.



(a) Recommend the Invitation for Bid for the East Beach Drainage Project to be awarded to Seaboard Construction Company, Brunswick, GA, in the amount of $124,671.00 with the funding shortfall to come from available SPLOST #2 funds or SPLOST #3 if at completion there is still a shortfall. (Vote: 3-0-0)



(b) Recommend a contract to provide Aerial Photography Service of Glynn County be awarded to Keck & Wood, Inc., Lawrenceville, GA, in an amount not to exceed $50,250.00 and with funding for the project as follows:



1. Tax Assessors $20,000.00

2. Engineering 5,950.00

3. GIS Mapping 24,250.00

4. Total $50,250.00

(Vote: 3-0-0)



(c) Recommend a maintenance service agreement to provide maintenance on County owned computer equipment be awarded to the sole source provider, IBM Corporation, Atlanta, GA, in the amount of $34,826.96. (Vote: 3-0-0)



(4) Recommend amending the Code of Ordinances to adjust Purchasing Policy Maintenance Agreements in the code's provisions. (Vote: 3-0-0)



(5) Recommend approval of the meeting dates of future Finance Committee meetings. (Vote: 3-0-0)



(6) Recommend approving Change Order Number 3 to the contract to restore the Glynn County Historic Courthouse in the amount of $2,157.00 increasing the contract amount to $1,036,618.00. (Vote: 3-0-0)



(7) Recommend approving, after the work is performed, Change Order Number 1 to the contract to make improvements to the County Attorney's Historic Courthouse offices in the amount of $10,027.20 increasing the contract amount to $44,102.20. Additionally, payment authorization after the fact is never to happen again, unless it is a true emergency. (Vote: 3-0-0)



(8) Recommend adopting Resolution to amend the FY 97 Budget as follows:



(a) Recommend amending the budget to transfer of the following funds to cover the County's match in a $77,718.00 grant from the Local Law Enforcement Grants Program:



1. County Police Capital $5,500.00

2. Police Seizure Fund 2,100.00

3. Total $7,600.00

(Vote: 3-0-0)



(b) Recommend amending the budged to transfer from the General Fund Fund Balance the following amount to fund the cash shortfall per the FY 95/96 Audit Report:



1. Employee Benefit Plan $183,100

2. County Insurance Fund 80,400

3. Total $263,500

(Vote: 3-0-0)



B. Personnel Committee



(1) Recommend approval of the request of the District Attorney for Glynn County to discontinue accruing sick and vacation leave benefit for employees of this elected office, and to pay annual leave benefits accrued through the pay period ending December 28, 1996 of $1,763.98, less annual leave benefits taken since then from the current budget of the department. Any accrued sick leave benefits as of this date will be added to the employee's length of service for retirement purposes. After January 1, 1997, employees of the District Attorney's office may earn sick and vacation leave benefit according to a unified schedule for the entire Brunswick Judicial Circuit. (Vote: 3-0-0)



Motion to defer Item 5B(1) back to Personnel Committee by Commissioner Hardman, seconded by Commissioner Tommy Clark. Unanimously approved.



(2) Recommend approval of the request of the Clerk of Superior Court for employees of this elected office to be governed by the local Personnel Ordinance/Resolution, except for the Chief Deputy Clerk, based on the Clerk's written request. (Vote: 3-0-0)



(3) Recommend approval of the request of the Chief Appraiser to change budgeted positions from Appraisal Clerk III to Appraiser II and from Appraisal Clerk II to Appraiser I without any change in the current budget within the Tax Administration Department. (Vote: 3-0-0)



(4) Recommend approval of the request of the County Administrator to transfer budgeted positions of Administrative Secretary II from Public Works to Administration, and Secretary II from Administration to Finance with a title change to Accounting Clerk I without any adverse budget impact. (Vote: 3-0-0)



(5) Recommend District Attorney allocate supplements from County appropriation in his office. (Vote: 3-0-0)



(6) Authorize establishing the dog handler rate of $6 per hour, effective August 1, 1996. (Vote: 3-0-0)



Motion to defer Item 5B(6) back to Personnel Committee by Commissioner Tommy Clark, seconded by Commissioner Robertson. Motion passed 5-1-1. Commissioner Dowdy opposed, Commissioner Strickland abstained.



C. General



(1) Provide written permission to the Glynn County Cemetery Survey Committee to conduct surveys and plotting for cemeteries owned or entrusted to the Glynn County Board of Commissioners. (F. Tullos)



Motion to approve Consent Agenda except for Items 5B(1) and 5B(6) by Commissioner Hardman, seconded by Commissioner Jerome Clark. Unanimously approved.



6. ITEMS REFERRED FROM FINANCE COMMITTEE



Recommend deferral to the full Commission whether or not to change current County practices and authorize the purchase of F. J. Torras Causeway Decals for members of the Board of Commissioners. (Vote: 3-0-0)



Motion by Commissioner Dowdy, seconded by Commissioner Hardman, to purchase decals for those Commissioners who wish to have them, for Planning Commission members and for the Tax Assessors. Motion failed 3-4. Commissioner Strickland, Commissioner Hardman, and Commissioner Dowdy voted in favor of the motion. Commissioner Tommy Clark, Commissioner Jerome Clark, Commissioner Robertson, and Chairperson Tullos opposed.



Motion by Commissioner Dowdy, seconded by Commissioner Strickland, to defer back to Finance Committee. Motion failed 3-4. Commissioner Strickland, Commissioner Hardman, and Commissioner Dowdy voted in favor of the motion. Commissioner Tommy Clark, Commissioner Jerome Clark, Commissioner Robertson, and Chairperson Tullos opposed.



Motion by Commissioner Jerome Clark, seconded by Commissioner Tommy Clark, to provide decals for the Planning Commission, the Board of Assessors and appraisers who do not have a travel allowance. Unanimously approved.



7. APPOINTMENTS



District 2 Appointment to the Tree Advisory Board - Ms. Eileen Hutcheson. (G. Robertson)



Motion to approve by Commissioner Strickland, seconded by Commissioner Tommy Clark. Unanimously approved.



GENERAL BUSINESS



8. Mr. Pete Caye to appeal the Tree Board's decision to not allow the trimming of wax myrtles located on County property (easement). (J. Hardman)



This item withdrawn by Mr. Caye.



9. Request adoption of an Ordinance to amend Section 2-16-48(g) of the Water and Sewer Ordinance relative to Minimum Fee Requirements. (R. Benson)



Motion to approve by Commissioner Strickland, seconded by Commissioner Tommy Clark. Unanimously approved. Commissioner Hardman out of the room.



10. Provision of Bell South Digital Loop locations. (R. Richard)



This item discussed with Item 3F.



11. Review recommendation by Long Range Water Resource Management Advisory Committee for selected list of RFQ vendors. (L. Gilmour)



Motion by Commissioner Strickland, seconded by Commissioner Tommy Clark, to accept the recommendation of the Committee to proceed with an RFP. Unanimously approved. Commissioner Hardman out of the room.



12. Request adoption of a Resolution to amend the Personnel Resolution to provide for a correction in text. (L. Gilmour)



Motion to approve by Commissioner Hardman, seconded by Commissioner Jerome Clark. Unanimously approved.



13. Request by Board of Elections for County's position on proposed State Legislation. (L. Gilmour)



Motion to approve by Commissioner Hardman, seconded by Commissioner Strickland. Unanimously approved.



14. Request adoption of Ordinance to amend the Code of Ordinances to list Citizens Advisory Committees. (L. Gilmour)



Motion to approve by Commissioner Hardman, seconded by Commissioner Tommy Clark. Unanimously approved.



15. Presentation of Management's response to FY 96 Audit. (L. Gilmour)



Motion by Commissioner Hardman, seconded by Commissioner Dowdy, to approve Management's response. Unanimously approved.



16. Consider County making application to EPA/EPD for water withdrawal permit from Altamaha River. (D. Dowdy)



Motion by Commissioner Dowdy, seconded by Commissioner Tommy Clark, for staff to stay on top of situation and if it becomes feasible for the County to apply for a permit, to bring it back before the Commission. Unanimously approved.

17. Request authorization for Commissioners to attend 1997 National Hurricane Conference in Houston, Texas, April 22 - 25, 1997. (L. Gilmour)

Motion to approve by Commissioner Hardman, seconded by Commissioner Jerome Clark, for Commissioner Strickland and Commissioner Dowdy to attend conference. Unanimously approved.



COMMISSIONER URGENT AND EMERGENCY ITEMS



Commissioner Dowdy



None.



Commissioner Tommy Clark



None.



Commissioner Jerome Clark



None.



Commissioner Robertson



Request authorization to attend ACCG Economic Development Course on March 26, 1997.



Motion to approve by Commissioner Dowdy, seconded by Commissioner Tommy Clark. Unanimously approved.



Commissioner Hardman



None.



Commissioner Strickland



1. Brought up discussion of excessive trash on side of roadways.



2. Item regarding Personnel for Executive Session.



Chairperson Tullos



1. An appointment needs to be made to Rape Crisis Center.



2. Received complaint about large trucks parking on Old Cypress Mill Road behind Ford Dealership.



3. Chamber of Commerce has one available spot for their annual Washington Fly-In.



Commissioner Jerome Clark appointed to go.





CHIEF OF POLICE ITEMS



Request authorization to write letter of opposition to the passage of HB 190, which would strip local law enforcement agencies of their power to operate radar on interstate highways.



Motion to approve by Commissioner Hardman, seconded by Commissioner Tommy Clark. Unanimously approved.



COUNTY ATTORNEY ITEMS



1. Mr. Moore introduced his new Assistant County Attorney, Mr. Greg Bagley.



2. Items of potential and pending litigation for Executive Session.



ADMINISTRATOR ITEMS



1. Carl Vinson Institute has dates open in March and April with a Mr. Richard Milford or Ms. Kitty Clark for a Commissioners Retreat.



Motion by Commissioner Dowdy, seconded by Commissioner Strickland, to request Ms. Clark and to invite the press. Unanimously approved.



2. Fire Chief has received complaints about people parking in fire lanes at Retreat Village. This is something that is presently controlled by the State Fire Marshall and it is the Administrator's recommendation that the local level not get involved.



3. Girl Scouts have requested a waiver of fees for functions at Selden Park on February 22nd and March 16th.



Motion to approve by Commissioner Dowdy, seconded by Commissioner Tommy Clark. Unanimously approved.

4. Regional Council of EMS is considering legislation to open up zoning in Glynn County and would like to recommend requesting them to do so.



Motion to approve by Commissioner Hardman, seconded by Commissioner Jerome Clark. Unanimously approved.



5. Request authorization of a change order in the jail modification from the Sheriff's Department in the amount of $2,698.



Motion to approve by Commissioner Hardman, seconded by Commissioner Dowdy. Unanimously approved.



6. Request from the Sheriff's Department to authorize awarding of low bid for public safety vehicles.



Motion to approve by Commissioner Dowdy, seconded by Commissioner Jerome Clark. Unanimously approved.



7. Request authorization, subject to County Attorney's approval, for Arco, Inc. to drill EPA mandated test wells on County property off US 341.



Motion to approve by Commissioner Hardman, seconded by Commissioner Dowdy. Unanimously approved.



8. Request authorization by the County Engineer of a change order in the amount of $6,043 to resurface Maxwell Street, which received extensive damage as a result of the St. Simons Island Drainage Phase III Project.



Motion to approve by Commissioner Hardman, seconded by Commissioner Strickland. Unanimously approved.





EXECUTIVE SESSION



Motion by Commissioner Dowdy, seconded by Commissioner Hardman, to adjourn to Executive Session to discuss items of personnel and potential and pending litigation. Unanimously approved.



BACK IN OPEN SESSION



Motion by Commissioner Tommy Clark, seconded by Commissioner Strickland, to not impose Zoning Regulations on the hospital's new location on St. Simons Island. Unanimously approved.



Motion by Commissioner Dowdy, seconded by Commissioner Jerome Clark, to ask legislative delegation to assist us in clarifying the taxability of Jekyll Island leases. Unanimously approved.



MEETING ADJOURNED







Board of Commissioners

Glynn County, Georgia





______________________________

Fred Tullos, Chairman



Attest:





_____________________________

Cynthia J. McKinley, Clerk