MINUTES

REGULAR MEETING

BOARD OF COMMISSIONERS

GLYNN COUNTY, GEORGIA

HELD AT THE HISTORIC COURTHOUSE

THURSDAY, MARCH 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



INVOCATION AND PLEDGE



1. APPROVAL OF MINUTES



Approve Minutes of Regular Meeting held Thursday, February 20, 1997.



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



2. ADOPTION OF PROCLAMATION



Adoption of Proclamation declaring March "Always Buckle Children in the Backseat Month". (J. Hardman)



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



3. DELEGATIONS



None.



POINT OF PRIVILEGE



18. Request report from Chairperson Tullos on status of combining City/County services. (R. Strickland)



Chairperson Tullos reported that he had met with the Mayor and the Mayor is of the opinion, and Chairperson Tullos agrees, that they need a grassroots group to study this in addition to ICAD, but until they get some figures from ICAD, they won't have anything to work with.



4. PUBLIC HEARINGS



A. Zoning



GC-5-97



Request to Rezone from Freeway Commercial to General Commercial, a 20,000 square foot parcel fronting 100 feet on the east side of Picric Street beginning 100 feet south of Old Mill Trace and lying immediately north of the Georgia Power Easement and approximately 700 feet from Glyndale Drive. Property owned by Daniel R. Coty, Sr.



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



POINT OF PRIVILEGE



The County Administrator advised Chairperson Tullos that Item No. 7 under "General Business" needed to handled under the "Public Hearings".



General Business



7. Consider amending the Glynn County Zoning Ordinance to permit Industrialized Dwelling Units as a conditional use in the following sections (districts): 701, 702, 703, 704, 705,706, 707, 708, and 710. The amendment also modifies Section 302. Definitions, adding definitions for DCA and Dwelling, Industrialized. (M. Schroeder)



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



Regular Agenda Continued



B. Alcoholic Beverage License



(1) Consider issuance of 1997 Alcoholic Beverage License for Pilot Travel Center #379, 2766 US Highway 17 South, Brunswick, Georgia. LICENSE FOR PACKAGE SALES OF BEER AND WINE. SUNDAY SALES PROHIBITED. (Business License) (Deferred from 2/20/97 Meeting)



This application withdrawn at applicant's request.



(2) Consider issuance of 1997 Alcoholic Beverage License for Everett Crossroads Grocery, 245 Altamaha Park Road, Brunswick, Georgia. LICENSE FOR PACKAGE SALES OF BEER AND WINE. SUNDAY SALES PROHIBITED. (Business License)



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



(3) Consider issuance of 1997 Alcoholic Beverage License for Holiday Inn/Brunswick, 5252 New Jesup Highway, Brunswick, Georgia. LICENSE FOR CONSUMPTION ON PREMISES OF LIQUOR, BEER AND WINE. SUNDAY SALES PERMITTED. (Business License)



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 Sportsman Package, 4198 Norwich Street, Brunswick, Georgia. LICENSE FOR PACKAGE SALES OF LIQUOR, BEER AND WINE. SUNDAY SALES PROHIBITED. (Business License)



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



5. CONSENT AGENDA



A. Finance Committee



(1) Recommend denial of a request by Dr. Bijan Kashnian that $17.63 in interest accrued because of a late payment on 1996 Property Taxes be waived. (Vote: 2-0-0)



(2) Recommend approval of the purchase of computer equipment for the Clerk of Superior Court's Office in an amount not to exceed $11,603.00 with the funding source the General Fund Fund Balance. (Vote: 2-0-0)



(3) Recommend authorizing $5,000.00 be transferred from operating to capital in order that the Clerk of Superior Court's Office may purchase computer equipment. (Vote: 2-0-0)

(4) Recommend approval of a request by Mr. Randy Griffin that the County match the funds provided by the Ballard Athletic Association in an amount not to exceed $1,925.00. (Vote: 2-0-0)



(5) Recommend approval, after the work is performed, Change Order #2 to the contract to make improvements to the County Attorney's Historic Courthouse offices in the amount of $19,189.74 increasing the contract amount to $63,291.94 and authorize payment, after the fact, to Jack O'Quinn Construction Company, Brunswick, GA., in the amount of $19,189.74. (Vote: 2-0-0)



Commissioner Dowdy made some opening comments and the following motion:



Motion by Commissioner Dowdy ask the Grand Jury to investigate the cost over run and any other matters they think needs investigating, seconded by Commissioner Strickland.



Commissioner Strickland read the following comments, which he asked to be made a part of these Minutes:



"A. Facts



1. Contract contains standard clause regarding changes to scope of work (page 4) 'NO modification or amendment of the terms hereof shall be effective unless written and signed by the authorized representatives of all parties.'



2. A written contract cannot be modified except in writing.



3. The Invitation for Bid provides for a site inspection by the Contractor and 'NO consideration will be given to any claim based on lack of knowledge of existing conditions.'



4. The Invitation for Bid requires the Contractor to note exceptions. There were none in O'Quinn's bid.



5. The Contract was reviewed item by item with O'Quinn Construction Company, including the 'modification' clause above. O'Quinn did not object to the terms.



6. The approved purchase order was a 'firm fixed price' of $34,075, the unapproved cost over runs were $29,216 or 85.7% of the approved amount.



7. No 'Change Order' gave a justification of the need for the work.



8. The alleged work contained twenty-six Change Order items. None were signed or approved in advance as required. Only five were dated. Three of these were for work included in the original contract, one was for the same work done twice.



9. Date of completion is not given. Contract calls for $50/day as liquidated damages as of 1/11/97. According to 'Change Orders' work continued for at least 14 days past that date.



10. No one in Glynn County government admits to approving any changes to the contract not even verbally.



11. Glynn County has clear procedures for contracted work. These were violated regarding the County Attorney's office.



B. Questions



1. Who initiated and 'approved' the additional work?



2. Why were established procedures not followed by the Contractor and by Glynn County?



3. If the work was truly necessary then why was both the work and the cost hidden from the public and the Board of Commissioners?



C. Conclusions



1. O'Quinn performed work without the authorization clearly required by his contract. The people of Glynn County are not liable for his mistakes in proceeding without this authorization.



2. The 10% retainage should remain with the County to partially offset earlier cost over runs.



3. The County Attorney has made several punch lists. The punch list is irrelevant to the issue at hand. The purpose of the punch list is to correct deficiencies in the approved work only.



4. This is the first test of the quality, the character, and the integrity of this Board of Commissioners. The Board must act vigorously to assure the people of Glynn County that it will neither condone nor rationalize its employees playing fast and loose with the people's money and the public trust."



Discussion ensued and the question was called:



Motion passed 4-3. Commissioner Strickland, Commissioner Hardman, Commissioner Robertson and Commissioner Dowdy voted in favor or the motion. All others opposed.



(6) Recommend all bids received for a Type 1 Ambulance for the Fire Department be rejected and staff be authorized to rebid. (Vote: 2-0-0)



(7) Recommend a contract to provide Janitorial Services for the W. Harold Pate Courthouse Annex Building be awarded to the low bidder, Dew & Rew, Inc., Brunswick, GA., in the amount of $27,095.35. (Vote: 2-0-0)



(8) Recommend executing amendment #1 to the engineering services contract with Jordan, Jones, & Goulding Inc., Atlanta, GA., on the closure of the Cate Road Landfill to include two additional tasks at a cost not to exceed $22,800.00. (Vote: 2-0-0)



(8) Recommend that staff be authorized to go directly to the Board of Commissioners on March 20, 1997 for award of the Request for Proposal for Property Insurance Coverage and to authorize extending the coverage on other policies for the period April 01, 1997 through March 31, 1998. (Vote: 2-0-0)



(10) Recommend rescinding a Board policy requiring xericscaping at the Demere Annex Building and install a sprinkler system at a cost not to exceed $1,800.00. (Vote: 2-0-0)



(11) Recommend the County enter into a contract with the Department of Transportation (DOT) to make improvements to Marina Drive (off F. J. Torras Causeway) in the amount of $30,000.00 with funding as follows:



Developer $25,000.00

SPLOST #2 5,000.00

Total $30,000.00

(Vote: 2-0-0)



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



(12) Recommend authorizing $3,100.00 be transferred from operating to capital in order that the Recreation Department may purchase a Computer. (Vote: 2-0-0)



(13) Recommend approval of funding additional staff and program enhancements for the Recreation Department's operation of special events and camp programs as follows:



Budget Additional Revenue $155,900

Budget Additional Expenditures $126,200

(Vote: 2-0-0)



(14) Recommend staff be authorized to bid for the sale of Tax Anticipation Notes-Series 1997 (TAN's) in the amount of $3,200,000.00, that Knox, Wall, & Company, Atlanta, GA., act as financial advisors, and the Chairman of the Finance Committee be authorized to select the best and lowest bid. (Vote: 2-0-0)



(15) Recommend staff be authorized to issue a Request for Proposal for Banking Services with provisions for three additional annual extensions. (Vote: 2-0-0)



(16) Recommend the contract with Bell South to provide pay telephone service not be renewed. (Vote: 2-0-0)



(17) Recommend, because of a lack of competition, staff be authorized to negotiate with a local machine shop to construct Mobile Trash Bin Trams for the Recreation Department in an amount not to exceed $17,000.00. (Vote: 2-0-0)



Motion by Commissioner Robertson, seconded by Commissioner Tommy Clark, to go to bid on this item. Unanimously approved.



(18) Recommend the midyear budget resolution on the FY 96-97 Budgets be adopted to increase the total revenue of all budgets by $1,406,600.00 to $51,322,365.00 and the total expenditures of all budgets by $1,558,800.00 to $62,045,865.00. (Vote: 2-0-0)



(19) Recommend approval of a request from the Visitors Bureau that the County coordinate the Independence Day Fireworks Display on St. Simons Island, authorize staff to seek bids on the fireworks display and appoint Mr. Robert Howe, Public Works Department, as staff coordinator for the project. (Vote: 2-0-0)



B. Personnel Committee



(1) Recommend meetings with employees for the purpose of explaining what is involved if they are selected as a member of a comparison group for the LCP/Allied Chemical health study, which was previously approved by the Board of Commissioners. (Vote: 3-0-0)



(2) Recommend retaining the classification of Administrative Assistant/Office Manager at the request of the Airport Commission. (Vote: 3-0-0)



(3) Recommend an additional position of Assistant Director of the Victim Assistance Program in the District Attorney's Office to be paid entirely from a federal grant received from the Victim's of Crime Act without any adverse impact on the budget of Glynn County. (Vote: 3-0-0)



(4) Recommendations for Canine Handlers rate of pay:



(a) Recommend an hourly rate of $4.75 for the care, feeding and training of police dogs by Police Officers of the Canine Unit with overtime paid on the same basis as for other employees at 1 times this minimum wage rate. (Vote: 3-0-0)



Motion by Commissioner Dowdy, seconded by Commissioner Jerome Clark, to pay an hourly rate of $4.75 and to pay the overtime at the rate in effect method for hours over the regularly scheduled hours, at 1 times this rate. Motion passed 6-0-1, Commissioner Strickland abstained.



(b) Recommend going to employee hearings for the purpose of receiving a proposal to exclude the Canine Handlers rate in effect from the County's holiday pay provisions. (Vote: 3-0-0)



(5) Recommend that the Personnel Department be authorized to develop a proposal for a Wellness Program for Glynn County employees, subject to further review of the Personnel Committee. (Vote: 2-0-0)



(6) Recommend additional summer program staff for the Recreation and Parks Department to be paid from revenue of the various programs without any adverse impact on the budget of Glynn County. (Vote: 2-0-0)



C. General



(1) Release of Letter of Credit for Cypress Run Phase II. On October 3, 1996 the Board of Commissioners approved Cypress Run Phase II, subject to the establishment of a $10,000 bond for required water and sewer improvements. The water and sewer improvement as are complete and staff is recommending release of the Letter of Credit. (M. Schroeder)



(2) Request Final Plat Approval - Hamilton Landing Phase VI. A 26 lot subdivision located on the east side of Sea Island Causeway. (M. Schroeder)



(3) Request approval for Piping Petition from Donald Willis. (R. Richard)



(4) Request waiver of rental fee to use Selden Park for a Girl Scout event on April 18, 1997. (L. Gilmour)



Motion to approve Consent Agenda except for Items 5A(5), 5A(11), 5A(17), and 5B(4)(a) by Commissioner Hardman, seconded by Commissioner Tommy Clark. Unanimously approved.



6. ITEMS REFERRED FROM FINANCE COMMITTEE



A. Deferred to the full Commission the award of the low bids for the purchase of vehicles for various departments as follows:



(1) 3 vehicles from Kings Colonial Ford, Brunswick, GA $44,725.15

(2) 2 vehicles from Bobby Jones Ford, Augusta, GA 32,111.60

(3) 1 vehicle from Carl Gregory, Brunswick, GA 20,133.01

$96,969.76

(Vote: 2-0-0)



Motion by Commissioner Hardman, seconded by Commissioner Tommy Clark to purchase the vehicles in items (1) and (2) from Kings Colonial Ford, and the one vehicle from Carl Gregory. Unanimously approved.



B. Deferred to the full Commission the request that the County's Purchasing Ordinance be amended to provide a process in which contracts can be amended by change order. (Vote: 2-0-0)



Motion by Commissioner Dowdy, seconded by Commissioner Tommy Clark, to defer until the March 20, 1997 meeting. Unanimously approved.



GENERAL BUSINESS



7. Consider amending the Glynn County Zoning Ordinance to permit Industrialized Dwelling Units as a conditional use in the following sections (districts): 701, 702, 703, 704, 705,706, 707, 708, and 710. The amendment also modifies Section 302. Definitions, adding definitions for DCA and Dwelling, Industrialized. (M. Schroeder)



This item handled earlier.



8. Report on discussion concerning traffic flow through Glynn Marsh/Village Circle/South Palm. (R. Richard)



Motion by Commissioner Dowdy, seconded by Commissioner Hardman, to hold Public Hearing on April 3, 1997 at 5:00 pm at the New Courthouse, to discuss possible closure of portions of these roads. Unanimously approved.



9. Consider modification of piping of outfall of drainage ditches policy. (R. Richard)



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



10. Presentation of evaluation of mosquito control effectiveness in Glynn County. (R. Richard)



Report received for informational purposes with action to be taken after full report has been studied by the Commission.



11. Adoption of Ordinance to amend the Code of Ordinances regarding speed limits in residential neighborhoods. (R. Richard)



The County Attorney and the Police Chief are to look into the legality of reducing the speed limits and report back to the Commission.



12. Request authorization to advertise for abandonment of Woodmen of the World road. (T. Clark)



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



13. Referred from February 20, 1997 meeting, request adoption of Ordinance amend the Code of Ordinances to provide for bonding requirements for certain uses of public roads and rights of way. (L. Gilmour)



This item deferred.



14. Request adoption of Resolution to obtain grant for FY 97 Brunswick Area Transportation Study Unified Planning Work Program. (K. Flanagan)



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



15. Request authorization of filming of a Reba McEntire music video on East Beach. (L. Gilmour)



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



16. Request explanation of new tax laws concerning vehicle tags from County Attorney. (R. Strickland)



Report received for informational purposes.



17. Request detailed report on the closure of the landfill and what it is costing to keep it open. (R. Strickland)



Motion by Commissioner Dowdy, seconded by Commissioner Tommy Clark, to close the landfill as soon as reasonably possible. Unanimously approved.



18. Request report from Chairperson Tullos on status of combining City/County services. (R. Strickland)



This item handled earlier.



19. Request approval to amend the capital budget for the County Police to provide for additional funding required on previously approved telephone system. (C. Alexander)



Motion to approve by Commissioner Hardman, seconded by Commissioner Robertson, with money coming from Discretionary Fund. Unanimously approved.



20. Hearing Officer report on Roxanne Serrano Adverse Action. (L. Gilmour)



Mr. Gilmour, as Hearing Officer, stated that Ms. Serrano had received an adverse action hearing on February 7, 1997, and it is the Hearing Officer's finding that Ms. Serrano did not satisfactorily meet the requirements necessary to complete her probationary period and should be separated, without prejudice, from the County effective December 12, 1996.



Mr. Robert Griffin appealed on Ms. Serrano's behalf, and further testimony was heard from Chief Alexander.



Motion by Commissioner Dowdy, seconded by Commissioner Hardman, to adjourn to Executive Session for the purpose of discussing Ms. Serrano's appeal. Unanimously approved.



BACK IN OPEN SESSION



Motion by Commissioner Dowdy, seconded by Commissioner Hardman, to uphold the County Administrator's recommendation. Motion passed 5-1-1. Commissioner Jerome Clark opposed and Commissioner Strickland abstained.



COMMISSIONER URGENT AND EMERGENCY ITEMS



Commissioner Strickland



Commissioner Strickland requested that the County Administrator check with the EPD regarding the time frame and requirements for removing all UST's (underground storage tanks).



Commissioner Tommy Clark



1. Ms. Sherry May, who resides at 156 Midway Circle, is requesting that a sign indicating a deaf person resides in that area be placed there since Midway Circle has been paved and traffic will be faster as a result.



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



2. Recommend that Joe Smith's recent appointment to the Zoning Appeals Board to fill the unexpired term of Sid Overall, whose term will expire 3/31/97, be extended to fill the next term which will expire 3/31/01.



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



3. Personnel Item for Executive Session.



Commissioner Dowdy



Personnel Item for Executive Session.



Chairperson Tullos



1. Announced Public Meeting regarding the asphalt plant on Colonel's Island, next Thursday, March 13, 1997 at 7:00 pm in Jury Assembly Room of New Courthouse.



2. The Airport Commission has requested information on the losses in the County's health plan.



CHIEF OF POLICE ITEMS



None



COUNTY ATTORNEY ITEMS



1. Items for pending and potential litigation for Executive Session.



2. The County Attorney has determined that the County does own property on East Beach where the clearing of crepe myrtles and other vegetation is being cleared. Recommends the following five-part plan of action:



A. Enact an Ordinance prohibiting the clearing of County owned fee simple property, with violations being punishable with 60 days in jail and up to a $1,000 fine.



B. Use County Surveyor to do survey work to delineate property lines.



C. Have County staff look at the areas destroyed to determine the extent of damage and cost to repair or replace.



D. Have County investigate who is responsible for the present damage.



E. Contact people responsible to pay for damages, and begin legal proceedings if they refuse to do so.



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



ADMINISTRATOR ITEMS



1. Relative to action taken at last meeting regarding light towing wrecker service for police vehicles, the low bidder, Allstate Towing, has since provided the necessary insurance coverage and it is the Police Chief's and the County Administrator's recommendation that the bid be awarded to Allstate.



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



Commissioner Hardman's motion amended as follows:



Motion by Commissioner Hardman, seconded by Commissioner Jerome Clark, to rescind action taken at last meeting and to award bid to Allstate Towing with the County named as additional insured.



Motion withdrawn.



Motion by Commissioner Tommy Clark, seconded by Commissioner Jerome Clark, to rebid for towing services with the stipulation that the insurance carrier name us as additional insured and policy cannot be canceled without 10 days prior notice. Unanimously approved.



2. The developers of Heritage Inn has approach the Commission to allow them to receive a building permit to do work authorized on their site plan, subject to:



A. Filing an application for rezoning on their text.

B. They will live with whatever conditions are placed on the approval of the application.



If the Board does nothing, the developer will have to put in accel/decel lanes in accordance with the Board's recent actions regarding same.



Motion to defer by Commissioner Dowdy, seconded by Commissioner Robertson. Motion passed 5-0-2, Commissioner Hardman and Commissioner Strickland abstained.



3. The Coast Guard is going to be doing some work on their buoys and are requesting authorization to tie up to St. Simons Pier.



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



4. The Sheriff's Department has been donated a van at no cost to the taxpayers, however, the Sheriff needs to have the van outfitted. Would like to have Board authorization to use money within his budget to do this.



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



5. The Georgia EPD currently has some consideration in the Georgia Assembly to provide some money to do a study on the water conditions in the coastal area. Recommend contact legislative delegation to (a) support the legislation, and (b) request that the money set aside will be provided to the group most qualified to provide that service.



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



6. Recommend amending the Personnel Ordinance to clarify that Department Heads are covered employees under the Personnel Ordinance, and that they are hired by the County Administrator subject to the approval of the County Commission, and remove unique provisions relative to their discharge.



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



EXECUTIVE SESSION



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



Meeting adjourned.







Board of Commissioners

Glynn County, Georgia





_______________________________

Fred Tullos, Chairman



Attest:





__________________________

Cynthia J. McKinley, Clerk