AGENDA and MINUTES



REGULAR MEETING, BOARD OF COMMISSIONERS,

GLYNN COUNTY, GEORGIA, HELD THURSDAY

FEBRUARY 16, 1995, AT 6:00 P.M.



PRESENT: Acting Chairman, Milton Lynn

Commissioner, Virginia Gunn

Commissioner, Gladys Martin-Lyde

Commissioner, James E. "Sonny" Miller

Commissioner, Robert E. Strickland

Commissioner, Fred Tullos



ABSENT: Chairman, Jack Hardman



ALSO PRESENT: Lee Gilmour, County Administrator

Gary Moore, County Attorney

Pamela J. Barton, County Clerk



STAFF PRESENT: Keith Flanagan

Dan Reuter

Ray Richard

Asst. Chief Nazzrie

Charles Lewis

Becky Rowell

Cynthia Williams

Chief Carl Alexander

Dave Bandy

Lt. Hopper

Wayne Bennett

INVOCATION

PLEDGE OF ALLEGIANCE TO THE FLAG



POINT OF PRIVILEGE



Acting Chairman Milton Lynn stated that the Board would be going into Executive Session to address a matter as requested by Sheriff Wayne Bennett.



Motion by Commissioner Miller to go into Executive Session, second by Commissioner Tullos. Unanimous. (Chairman Hardman not present)



Acting Chairman Milton Lynn announced that the Board was back in regular session.



APPROVAL OF MINUTES



Commissioner Gunn set forth corrections in the minutes.



Commissioner Lyde set forth corrections in the minutes.



Motion by Commissioner Strickland that minutes from the 2/2/95 meeting be approved subject to the Clerk's review of the video in order to verify changes and that the minutes be approved subject to any revisions, second by Commissioner Lyde. Unanimous. (Chairman Hardman not present)



Motion by Commissioner Lyde, second by Commissioner Miller to approve Minutes of the Called Meeting held Tuesday, January 24, 1995, second by Commissioner Miller. Unanimous. (Chairman Hardman not present)



Motion by Commissioner Lyde to approve corrections to the Minutes of the January 19, 1995 meeting, second by Commissioner Strickland. Unanimous. (Chairman Hardman not present)



CONSENT AGENDA



Authorize Tree Board to Apply for Grant



Chairman Lynn presented the matter of authorization for the Tree Board to apply for a grant to plant trees from the caution light in Sterling toward Brunswick and set forth that the County would match their portion of the grant through in kind services.



Motion by Commissioner Lyde to authorize Tree Board to apply for the Grant, second by Commissioner Gunn. Unanimous. (Chairman Hardman not present)



CITIZEN COMMITTEE REPORTS



Planning Commission



Mr. Stewart stated that February 15th was the last day for people to apply to serve on the different committees with respect to the Master Plan. He also stated that of over 100 letters sent out a response had been received from 48 persons who were willing to serve. He also stated that they had been alerted that a 49th response was in route.



He stated that a work session would be held on the 23rd at 9:00 a.m. to begin discussing committees. He stated that the first night meeting would be held in April and that the Planning Commission had hoped to have a night meeting at least every three months.



Commissioner Miller brought up the fact that there were already two different events scheduled for April. He mentioned the ACCG meeting being held on Jekyll April 22-25 and then on April 10-14 two Commissioners would be out of town in Atlantic City.



Mr. Stewart reiterated what good news this was that so many people had responded.



Commissioner Tullos asked if the Comprehensive Plan discussion would also include the Comprehensive Master Plan for the Airport. Mr. Tullos stated that the hearings being held next week were to discuss the Zoning Text for the airport and not the Master Plan.



GENERAL BUSINESS



Dusty Lane



Acting Chairman Lynn brought up the matter of Dusty Lane. He stated that the people lived on a wide dirt road; they were asking for dirt and grading, not paving.



Mr. Flanagan mentioned that there were two different roads, Dusty Lane and Cedardale. He also stated that there would not be any problem with this request.



Motion by Commissioner Lynn, to approve work being done on Dusty Lane, second by Commissioner Lyde. Unanimous.

(Chairman Hardman not present)



Indigo Point Subdivision



Mr. Reuter presented this matter for final plat approval. He stated that there would be seven lots. Mr. Reuter also stated that the County Engineer had completed inspection of the improvements and the only remaining item would be a $200.00 bond for silt removal.



Commissioner Lyde asked where the subdivision was located. Mr. Reuter responded that it was off of New Jesup Road.



Motion by Commissioner Strickland to approve, second by Commissioner Miller. Unanimous. (Chairman Hardman not present)



Approval of the Environmental Review Committee Bylaws



Mr. Gilmour stated that last year an Environmental Review Committee had been established and certain guidelines were accepted by that Committee. He stated that these guidelines were implemented by the ERC, but had never been formally approved as bylaws by the Board. Mr. Gilmour then stated the choices of action that could be taken with respect to the ERC bylaws. He set forth the following options: 1. The bylaws could be accepted as they are; 2. the bylaws could accepted with changes; 3. the bylaws could be rejected completely; and 4. the matter could be deferred.



Acting Chairman Lynn made an inquiry regarding what would happen in the case of a three to three vote. County Attorney Mr. Moore responded that the bylaws would not be approved. Acting Chairman Lynn asked those in favor of the ERC if they wanted to risk losing with respect to this issue and asked wouldn't it be better to defer?



Commissioner Gunn stated that she did not understand the problem with the bylaws due to the fact that they had been formatted from standard operating bylaws for county boards.



Commissioner Strickland asked if the ERC reported to the Board. He cited examples from the bylaws that he felt needed to be addressed. He felt the first paragraph should specify that public forums required Board approval, Section 4 - he felt that the Environmental Review Committee's meetings should be advertised just like Board meetings. Commissioner Strickland also felt that Sections 6 b and c should have Board approval. He also felt Section 9 should specify that the Board should approve this and that the committee should then report back to the Board.



Commissioner Lyde stated that the Acting Chairman was there to answer any questions. She also stated that the changes Commissioner Strickland mentioned would not be a problem.



Mr. Childers was asked if he had a problem with the changes. He stated that he did not. Mr. Childers stated that he felt this committee had taken a lot of heat for no reason. He stated that every recommendation his committee had made to the Board had been approved unanimously.



Commissioner Lyde asked that the recommended corrections be made to the bylaws and that the bylaws be presented at the next meeting.



Commissioner Tullos questioned Section 2.a. regarding reappointment terms. The response was that two terms was standard, but he questioned the fact that this was not stated; he also set forth that the 12 month full time resident provision was unfair because you did not have to wait that long to vote.



Mr. Childers stated that the ERC bylaws had been formatted from Glynn Clean and Beautiful and Animal Control Board.



Acting Chairman Lynn asked that the changes be brought back for review at the next meeting.



Commissioner Strickland stated that he needed more time to review the bylaws.



Motion by Commissioner Gunn to defer, second by Commissioner Strickland. Motion not acted on.



Commissioner Miller asked that the Board meet with the Environmental Review Committee in a work session to discuss these changes.



Commissioner Lyde said that all board bylaws would have to be revised as a result of this.



County Attorney Mr. Moore stated that the financial provisions included in these bylaws should be revised so the Committee did not handle money. Mr. Moore stated that Glynn Clean and Beautiful was created by an ordinance and that did not apply to the ERC.



Commissioner Gunn asked Mr. Moore why he had not reviewed the bylaws prior to the meeting. Mr. Moore responded that this was the first time they had been submitted for Board approval and the financial provision was all that he had a comment about.



Mr. Childers stated that these bylaws had been of public record for eleven (11) months. He also stated that he had come before the Board in March of 1994 and stated that the committee had approved these bylaws. Mr. Childers stated that he had asked to appear at the work session to discuss these bylaws prior to this regular meeting.



Commissioner Gunn stated that he was supposed to be on the work session agenda. Mr. Gilmour stated that the work session had been restricted to Recreation.



Commissioner Tullos asked how many meetings the committee had held in total. Mr. Childers responded that there were three meetings in March; one in April, one in May and one in June; July there was no meeting; August there was no meeting; in September there was a meeting; October, November and December there was no meeting; and in January there was a meeting. Commissioner Tullos asked if the committee had voted to waive the provision regarding a committee member being removed for failure to attend three (3) consecutive monthly meetings. Commissioner Tullos stated that there were several provisions in this bylaws that he had a problem with.



Acting Chairman Lynn asked Mr. Childers to wait until the next meeting with respect to the bylaws.



Mr. Childers stated that he would not be available in March.



Commissioner Strickland asked what Mr. Childers was referring to with respect to March. Mr. Childers responded that certain members terms would expire and that he would no longer be Chairman.

Commissioner Gunn stated that a meeting with the committee was not necessary to revise the bylaws. Commissioner Gunn stated that if the Board was trying to get rid of the ERC then Chairman Hardman needed to tell the rest of the Board. She also stated that if ever there was a county that needed an Environmental Review Committee it was Glynn County.



Motion by Commissioner Gunn to defer this matter to the next meeting, second by Commissioner Strickland. Unanimous. (Chairman Hardman not present)



Motion by Commissioner Miller that the ERC be continued for one year, second by Commissioner Lyde. Not acted on at this time.



Commissioner Tullos stated that he let it be known when he was running for office that he felt the county had no use for this committee. He stated that the LEPC could cover these matters.



Commissioner Strickland stated that he was going to give his opinion coming from the voters of the 3rd District. He stated that he felt the LEPC could handle these matters, that they had a good cross section of people and personally he felt the ERC was not needed anymore. He felt LEPC could handle any emergency items and that they also had their goals set. He stated it would be alright with him if the issue was voted on tonight.



Commissioner Gunn stated that the LEPC is made up of companies most of whom contribute to the problem. She also stated that Hercules had in fact provided the building for meetings and the funds to get started. Commissioner Gunn felt apples and oranges were being compared in this case. She stated that the ERC encompassed all environmental matters and was simply an advisory committee.



Commissioner Tullos brought up the fact that Mr. Childers was also a member of LEPC.



Commissioner Gunn stated that there may be two or three people on the LEPC that were not involved with chemical companies.



Commissioner Strickland stated there were people on LEPC from the Coast Guard and various other environmental groups two of those persons being Stan Witt and Mr. Childers.



Commissioner Lyde stated that the ERC provided public services that were needed by the community such as public forums.



Commissioner Miller stated that LEPC was good and has been since the start. He also stated that some people had already made up their mind about the ERC prior to coming to the meeting.



Commissioner Gunn asked the Board to think before dismantling this committee. She said Glynn County would look foolish dismantling this committee under the current circumstances. She asked if LEPC would put on seminars regarding water conservation and other matters regarding the community. She stated that LEPC had to do with chemicals and not the other environmental issues.

She wanted to know what the committee had done to deserve being disbanded.



Commissioner Lynn stated that the ERC was a spin off of the wetlands committee which had been sunsetted.



Commissioner Gunn stated that Mr. Perry had conveyed to her that the wetlands committee was being disbanded because it was not needed, but that there was a need for an Environmental Review Committee that could have a subcommittee to address wetland issues.



Commissioner Lyde stated that because of investigations and everything else that was going on in the County the County would be scrutinized and it would look suspicious to do away with this committee.



Commissioner Strickland stated that the Corp. of Engineers was on track and would pay attention to the wetlands in Glynn County that needed attention. He said that some of the things mentioned were without merit. He felt there was too much duplication between different groups.



Acting Chairman Lynn asked if Commissioner Miller would accept an amendment to his motion to have a meeting with the LEPC and the Environmental Review Committee to try and find out whether both boards were needed.



Commissioner Miller asked that the Board meet with the Environmental Review Committee first before involving the LEPC.



Chairman Lynn stated that he hated doing double work.



Commissioner Gunn responded that the LEPC was chemicals while the Environmental Review Committee encompassed the whole environment and any subject relating thereto.

She gave examples of several functions and stated that they went into schools, gave seminars on water conservation, participated in Arbor Day and many other activities.



Commissioner Miller stated that Mr. Abel was Chairman of LEPC and a county employee, he had asked Chief Alexander to call Mr. Abel and ask him to come to the meeting.



Commissioner Miller suggested the motion be tabled until Mr. Abel arrived.



Mr. Childers then read the Mission Statement of the Environmental Review Committee.



"The mission of the Glynn County Environmental Review Committee to assimilate various forms of information relating to land, water, air and environmental issues. To provide a forum for public education and discussion and to recommend to the Glynn County Board of Commissioners environmental policy alternatives that assist the Board of Commissioners in fulfilling its obligations."



Mr. Childers stated that his committee had brought three recommendations to the Board: 1. a recommendation to support Hercules Inc. when they submitted a permit modification request; (Unanimous) 2. a recommendation that Mr. Richard hire a consultant to help with "L" Street (Unanimous); and 3. a recommendation to support Hercules to form the LEPC (Vote 8-3-1).



Mr. Childers stated that people in the county have been afraid to talk about the issues. The purpose of the committee was to bring issues to the Board's attention. He felt the committee had not done anything wrong. Mr. Childers stated he would resign after the February 28th meeting.



The Board agreed this matter would be brought up again when Mr. Abel arrived.



Century Cable



Mr. Moore stated that the county had a franchise agreement with Rent-A-Vision, Inc, who had been bought out by a new entity called Century Venture. He stated that the new company would be taking over the current contract and wanted Board approval for assignment of the contract. Mr. Moore stated that 4 things needed to be done prior to this taking place. Mr. Moore also stated that the concern of the Board should lie with the new company's being able to meet the existing financial obligations.



Mr. Broussard stated that he appeared to address these issues. He stated that he had spoken to Mr. Moore regarding the financial viability of the new company. He stated that Time Warner was rated second in the world as a provided of cable services with 7,000,000 subscribers. He stated that Time Warner brought a deep pocket to the area with their diversified assets.

Mr. Broussard said that the newly formed company had not yet produced a financial statement, but he offered to provide the Time Warner financial statement.



Mr. Broussard stated that they were not bought out but entered into an arrangement with Time Warner which was actually the trading of assets. He stated that the company here would be much stronger as a result of Time Warner.



Commissioner Tullos asked if this action would extend the original contract in any way. Mr. Broussard responded that it would not.



Commissioner Gunn asked Mr. Broussard what he would do about improving the quality of filming the Board's meetings. Mr. Broussard responded that he had a personal commitment to improve all aspects of service in the area. He stated that a gap in the Board's meeting was the result of a faulty timer in their study. Commissioner Gunn suggested that the cable company rerun the faulty tape.



Commissioner Miller suggested that the Board trade tapes with the Cable Company if ours by chance was faulty and vice versa.



Commissioner Strickland asked about the change in time for showing of the Board meetings. Mr. Broussard stated that Brunswick College needed an educational home study course to be shown at a time when students would be available to view it, 7:00 p.m. was the time that the college had requested.



Commissioner Miller asked if the cable company could show something on the weekends. Mr. Broussard stated that he would have to check on this.



Mr. Moore stated what was needed from the new entity, he stated that they needed a Glynn County business license and also needed to qualify to do business in the State of Georgia. He also asked that they provide these and authorize the Chairman to sign an agreement stating that they would be taking over all existing obligations of Rent-A-Vision.

Motion by Commissioner Lyde to approve the assigning of the franchise to a new name, to provide the County Attorney with documentation evidencing that they have obtained all necessary licenses and that they have qualified to do business in the State of Georgia and to authorize the Chairman to sign an agreement providing for the new entity to accept all current obligations existing with respect to the franchise, second by Commissioner Strickland. Unanimous. (Chairman Hardman not present)



Chairman Lynn asked about Thalman again. Mr. Broussard stated that he had seen purchase orders for that work to be done.



Mr. Broussard stated that the Company pays a franchise fee and therefore they did not need a business license.

He also stated that the Secretary of State was in the process of qualifying the company. He also stated they had prepared a resolution stating their commitment to service in the community.



Discussion as to Official Term Limits in the County



Mr. Gilmour stated that ACCG had advised the Board that there was a Senate a bill being proposed which would limit the term of office for a local official in one particular office to twelve years.



Motion by Commissioner Gunn to concur, second by Commissioner Lynn. Unanimous. (Chairman Hardman not present)



Commercial Culverts



Mr. Gilmour stated that he had been contacted regarding installation of culverts for commercial sites. Mr. Gilmour then stated that it was county operating policy not to install commercial culverts.



Mr. Flanagan stated that in 1991 a policy was adopted to address this. He stated that due to his reduction in manpower and 30 residential requests a month he did not have the manpower to do the commercial. He simply does not have the manpower to do this work. Mr. Flanagan stated that there were private vendors who could provide this service.



Commissioner Miller asked for a recommendation from Mr. Flanagan as to what should be done.



Mr. Flanagan responded that he would review this in his budget process and let the Board know how much cost this would incur. Mr. Flanagan stated that the residential costs were currently $335.00.



Motion by Commissioner Strickland to allow Mr. Flanagan to address this in the budget process, second by Commissioner Miller. Unanimous. (Chairman Hardman not present)



Authorize Abandonment of Drainage Easement in Arnold Villa Estates



Mr. Gilmour presented this to the Board for approval. He stated that this was a request for a drainage easement abandonment by a citizen.



Motion by Commissioner Tullos to approve, second by Commissioner Strickland. Unanimous. (Chairman Hardman not present)





Share Care



Mr. Olsen appeared as coowner of Share Care asking for a letter of endorsement by the Board for a Certificate of Need in Glynn County for Medicare nursing.

He stated that he was a local service and was asking the Board for a letter endorsing his service obtaining in order to obtain a certificate of need. He stated that three entities had applied and that his service was the only local entity to make application. He spoke regarding their reputation and the number of jobs they had made available in the community and asked for support.



Commissioner Gunn asked if there was a problem with the Board's doing this. Mr. Moore stated that the Board had never done this in the past and could be setting a precedent. He stated that the Board was not authorized to establish this need in the community.



Commissioner Miller stated that the Board had provided a letter saying the Board did not have a problem with the service.



Mr. Moore stated that this was a general endorsement.



Commissioner Strickland stated that the Board should provide the same service to the other two applicants.



Motion by Commissioner Miller to provide a letter stating that the Board has no objection to this, second by Commissioner Gunn. Unanimous.



Geri Ann Edwards



Geri Ann Edwards stated that she had appeared before the Board in December regarding East Street Beach access. She stated that three things had been promised by the Board and only two had been completed. The three changes were as follows: 1. To move the fence back one to two feet; 2. Put up signage; and 3. Add gravel for parking. Ms. Edwards stated that to date the fence had not been moved.



Ms. Edwards asked where people were supposed to park without blocking someone elses driveway. (Pictures provided) She asked why the owner was being given additional property. She stated that a Mr. Smith had placed the fence there 12 years ago, he was a county commissioner at the time. Dr. Hopkins then purchased the property and moved the fence 20 to 25 feet.



Commissioner Gunn asked if a fence had been placed on this man's property. Mr. Gilmour stated we did not plan to do so. If Dr. Hopkins complains a standard field fence would be put up; if he wanted something else he would have to pay. Mr. Gilmour stated that the fence would be moved if the adjoining property owner could not back out. The Board approved graveling and providing parking for 4 cars and adding signage.



Ms. Edwards stated that Dr. Hopkins' plants still had not been moved appropriately.



Mr. Gilmour stated that previously there was no place to park and people were lined up two in a row past the fence. Mr. Gilmour stated that the best compromise available was the plan as implemented. If the fence was moved up closer to the ocean there could be a problem with beach users stacking their cars up one after another.



Ms. Edwards stated that they parked close to the neighbors garage, Dr. Hopkins had told them those people were not there so they told Dr. Hopkins they would park in his driveway, he responded that they would be towed.



Mr. Gilmour stated that no one could have a vehicle towed from a public right-of-way. He stated that if the neighbor was concerned about backing out of his garage the fence matter should be reexamined.



Commissioner Strickland asked Mr. Flanagan if the county had complied with what had been agreed upon in December. Mr. Flanagan stated that the county had surveyed and that the fence was located where it should have been.



Mr. Tullos asked a question regarding whether the plants needed to be moved if the fence was not going to be moved.



Ms. Edwards stated that she could not understand the Board's position.



Motion by Commissioner Miller to follow through with what was agreed upon in December, second by Commissioner Lyde. Unanimous. (Chairman Hardman not present)

Beach Access for handicapped persons



Mr. Richard stated that this property had been a public beach access for a number of years. (Ninth Street) He stated that an adjacent property owner had a complaint. He set forth that kids would park their cars randomly and start blowing their horns because someone would be blocked in. He stated that it would be easy and inexpensive to build a handicap ramp and to bring in gravel for parking.



Commissioner Tullos stated that parking was pretty close to the beach; Mr. Richard responded that they were currently parking that close to the beach. Mr. Tullos stated that he had been contacted by the property owner regarding vandalism, parking at night, people stealing his flag and several other issues regarding parking.



Mr. Richard stated that gravel would be brought in and it would not be paved. He stated that together with Mr. Nazzrie this was the option that they had come up with. Mr. Richard stated that the cross ties would keep parkers off the beach.



Mr. Nazzrie stated that he had discussed this with the property owners and they had agreed. Mr. Nazzrie stated that this was this best option for normal parking. This would allow handicapped people to view the beach.Mr. Richard stated that random parking exists now and this would provide a normal parking area.



Commissioner Lynn asked what the cost would be. Mr. Richard stated that it would only be the cost of gravel. Commissioner Strickland asked if this area was designated for handicapped persons only. Mr. Nazzrie stated that it would be a handicap area. Mr. Flanagan stated that lime rock would have to be put in verses gravel. Mr. Richard stated that a ramp would have to be provided also.



Motion by Commissioner Gunn, second by Commissioner Miller to refer this to finance. Unanimous. (Chairman Hardman not present)



Harold Johnson



Mr. Johnson presented the matter of unfunded mandates. It was his understanding that the county was spending 50% of their funds on these unfunded mandates. He set forth that several states have sued on issues regarding the Brady Bill, an Arizona sheriff had won a suit regarding this in four months. He cited several states that were suing over several Federal mandates: Texas over the Clean Air Act, South Carolina over the Motor Voter Act and Virginia over the Clean Air Act. He stated that Congress could not tell this county how to enforce unfunded Federal Mandates. He said that the constitution granted Congress the power to regulate individuals not States. He stated that the 10th Amendment provided states with certain powers. He stated that 5 Federal Courts had overturned the Brady Bill because it violates the 10th Amendment to the Constitution. He stated that forcing the chief law enforcement officer State and local authorities to implement background checks on individuals was simply not provided for by the Constitution. He stated that if the Board did not take action approximately 33% of the budget could be returned to the citizens in the form of a tax cut.



Mr. Johnson cited a Cobb County Georgia case limiting the use of public funds to provide for these mandates. He reiterated that Texas, South Carolina, Virginia and Arizona were all suing regarding these unfunded Federal mandates.



He suggested that all of the counties in the State would join in on this.



Mr. Moore stated that the relief given to the sheriff in Arizona was available to the sheriff, not the Board.

Mr. Moore stated that he believed that the sheriff had relayed to him that this compliance with the Brady Bill did not take a large portion of his budget. Mr. Moore stated that this would provide that the Federal Government require the county to have the sheriff provide certain services under the Brady Bill. He stated that you cannot make someone be your agent to fulfill what you tell them to do under a Federal Law. Mr. Moore also stated that the 33% was a whole different issue which comes from several Federal acts which regulate everyone. He stated that governments cannot get out of complying with these acts. He felt that Congress would not have spent as much time on these if they felt they were not important. Mr. Moore stated that the Board had done whatever it could do with respect to these mandates.



Mr. Moore stated that we letters had been written to ACCG and our representatives. He stated that this fight would have to occur on a political battleground as is being done in Washington now, not at the county level. He stated that our efforts would be futile.



Commissioner Miller confirmed that this was a State fight and not a county.



Mr. Moore stated that our sheriff stated that compliance with these mandates was not costing his department any additional monies.



Mr. Johnson then added that Chatham County was also suffering from unfunded mandates and he had hoped that they would take some action.



Point of Privilege



Mr. Abel addressed the Board regarding LEPC and the Environmental Review Committee. Mr. Abel stated that he was not fully apprised of the goals of the Environmental Review Committee. He stated that he was aware of the goals of LEPC. He stated that LEPC deals with hazardous materials and contingency planning. He stated that the ERC addressed wetlands which the LEPC did not. Mr. Abel stated that he thought the two could work together. He felt he did not know enough to make a suggestion regarding the ERC at that time. Mr. Abel asked for time to meet with the ERC and to come back to the Board with an intelligent decision.



Ms. Gunn asked how many public information seminars had been sponsored by the LEPC with respect to matters such as xeriscaping or water conservation.



Mr. Abel stated that he did not know enough about the parallel activities of the two groups to make any kind of intelligent statement about comparing the two.



Mr. Tullos apologized to Mr. Abel for his being called to this meeting from another meeting.



Mr. Abel stated that the LEPC could be expanded to include additional tasks.



Commissioner Gunn stated that LEPC has nothing to do with the environment as a whole, but was formed to deal with issues relating to chemicals.



Mr. Abel rebutted that it would only apply to environment if chemicals did get into the water system or something similar.



Mr. Miller withdrew his earlier motion.



Commissioner Strickland apologized for Mr. Abel having to appear and miss his meeting that he needed to attend.



Acting Chairman Lynn asked Mr. Abel what would be done regarding moving forward on this issue.



Mr. Abel stated that he would meet with Mr. Childers to reach some conclusions.



Acting Chairman Lynn stated that he did not have a problem doing away with committees and boards that were performing duplicate functions.



Commissioner Gunn stated that she had a problem with an environmental committee being based at Hercules when they provide the building, the equipment and the money.



Commissioner Lyde stated that an advisory board who volunteers and keeps the citizens informed shouldn't be fought. It appeared as a conspiracy to keep everyone in the dark.



Mr. Abel stated that Mr. Childers was a member of the ERC and also a member of the LEPC board. Mr. Abel stated that this was his community, he was born and raised here.



Commissioner Strickland stated that the meeting place was at Hercules. He did not feel that the manager of Hercules would hide anything, but that he would instead address the problem. He stated that he felt they were implementing good will in the community.



Motion by Commissioner Miller to defer the matter relating to the extension of the term of the Environmental Review Committee until such time as Mr. Abel has had a chance to meet with the Environmental Review Committee, second by Commissioner Gunn. Commissioner Tullos against, all other Commissioners for. (Chairman Hardman not present)



ZONING REQUESTS



GC-34-94 - Property owned by Piedmont Petroleum Corporation



Request to Amend the Planned Development Zoning Text and Master Plan for Demere Village GC-12-84, to create additional access points, drives to be located between Retreat Shopping Center and Tract One (known as Tract IV, Site B per survey), subject property is located west of Del-Taco and Retreat Shopping Center and east of McDonalds, fronting on the south side of Demere Road, St. Simons Island.



Mr. Reuter stated that this had been approved with four conditions as follows: 1. reduction in drive to 14' (closest to Demere Road) one way only; 2. other drive reduced to 35' (furtherest from Demere); 3. island being landscaped; and site plan approval. Planning Commission vote 6-1.



Mr. Reuter stated that the current access was shared and this would provide better access to the shopping center. Mr. Reuter stated that Mr. Richard agreed that this should be approved.



Commissioner Lyde stated that the county should have read 4-1 because two members were absent.



Commissioner Strickland asked if the property owners concurred with the decision of the county officials. Mr. Reuter stated that they did agree.



Mr. Caldwell appeared on behalf of his client The Happy Store. He stated that they were good commercial residents of the county. He stated that they have accepted the conditions provided by the Planning Commission.



Mr. Hooker provided a drawing explaining how this would be and also confirmed that the oak tree would remain.

Motion by Commissioner Miller to approve, second by Commissioner Tullos. Unanimous. (Chairman Hardman not present)



GC-3-95 - Property owned by First American Health Care, Inc., formerly known as ABC Home Health Services, Inc.

Request to rezone from Medium Residential to Office Commercial, a tract of land consisting of 1.53 acres fronting 192 feet on the south side of Scranton Connector, beginning 155 feet west of Altama Avenue (building known as Small Strides).



Mr. Reuter presented this matter for approval, he stated that the planning commission and staff recommended approval.



Motion by Commissioner Lyde to approve, second by Commissioner Strickland. Unanimous. (Chairman Hardman not present)



GC-4-95 - Property owned by Dynamic Investments, Inc.



Request to rezone from Limited Industrial and Forest Agricultural to R-12 One-Family Residential, a tract containing a total of 18.12 acres, located on the north side of Crispen Boulevard, beginning approximately 970 feet west of U.S. Highway 341 as follows: Parcel A - From LI to R-12, 1.32 Acres, 200 feet of frontage; and Parcel B - From FA to R-12, 16.80 acres, 90 feet of frontage.



Mr. Reuter presented this matter for approval. He stated that the planning commission and staff had approved this.



Motion by Commissioner Strickland to approve, second by Commissioner Lyde. Unanimous. (Chairman Hardman not present)



GC-5-95 - Property owned by KEGLAPP Partnership



Request to rezone from R-9 One-Family Residential to Medium Residential, 23.55 acres fronting 695.90 feet on the east side of Cypress Mill Road, lying immediately south of Benedict Road.



Mr. Reuter presented this for approval and also stated that the planning commission and staff had approved this.



Motion by Commissioner Strickland to approve, second by Commissioner Lyde. Commissioner Tullos abstained. Approved. (Chairman Hardman not present)



LIQUOR LICENSES



Golden Isles Minit Mart



Consider issuance of 1995 Alcoholic Beverage License for Golden Isles Minit Mart, 531 Walker Road, Brunswick, GA. Package sales of beer. Sunday sales prohibited. Change of Licensee.



Motion by Commissioner Lyde to approve, second by Commissioner Miller. Commissioner Lynn opposed. Approved. (Chairman Hardman not present)



Oak Grove Island Golf Club



Consider issuance of 1995 Alcoholic Beverage License for Oak Grove Island Golf Club, 100 Clipper Bay, Brunswick, GA. Sale of beer and wine. Sunday sales prohibited.



Motion by Commissioner Lyde to approve, second by Commissioner Tullos. Commissioner Lynn opposed. Approved. (Chairman Hardman not present)



COMMISSIONER ITEMS



Commissioner Gunn wanted to know where something to be discussed was to be on the Agenda. She asked if these items should be placed on the work session prior to being on the Agenda.



Mr. Gilmour stated that items should be placed on the Agenda at the time commissioners are contacted by staff.



Commissioner Gunn inquired as to the status of the pond being cleaned.



Mr. Gilmour stated that the pond had been drained, the duckweed had been eliminated and settled materials were also being removed as the weather allows. Mr. Gilmour stated that all settled material would be pulled out and remaining there would be a compacted clay base with concrete edge; the pond would be used as a back up holding facility.



Mr. Tullos mentioned a meeting to be held on Monday the 27th of the month, to have two members from each committee present at the meeting to work out the recreation items. The meeting would be held at 5:30p.m.



County Administrator Items



Mr. Gilmour presented tax digest item revisions over $20,000 for approval.



Mr. Long presented the list of adjustments. The first items applied to furniture and fixtures, the last page applied to real property taxes.



Acting Chairman Lynn asked how long taxes were delayed while under appeal.



Mr. Long responded that before the Superior Court heard the case all taxes had to be current.



Motion by Commissioner Miller to approve, second by Commissioner Tullos. Unanimous. (Chairman Hardman not present)



Mr. Gilmour presented the budget schedule to the Board.

He stated that all information would have to be submitted to the Board by May, 1995.



Commissioner Strickland stated that he felt the Board would need this information as soon as possible and if it could be provided prior to May it would be appreciated.



Mr. Gilmour stated that the information would be accumulated and submitted as soon as possible.



Motion by Commissioner Miller to approve, second by Commissioner Lyde. Unanimous. (Chairman Hardman not present)



Mr. Gilmour stated that Jordan Lane would not be paved.



Commissioner Lyde stated that Mr. Gilmour had too many items for presentation at the meeting. He stated that these were follow-up issues.



County Attorney Gary Moore stated that we would have to obtain the right-of-way in order to proceed with the paving process.



Mr. Gilmour stated that the land was privately owned and that access was only 15 feet and there was no easement to the County; the County would need 50 to 60 feet of right-of-way in order to proceed.

Acting Chairman Milton Lynn stated that he knew many preschools that were located on dirt roads.



Commissioner Gunn stated that it was being addressed because the preschool had contacted Commissioner Gunn because they could not get in and out.



Mr. Moore agreed with Mr. Gilmour that the right-of-way had to be obtained. Mr. Moore stated if we were unable to get the 50 to 60 feet the County would have to decide if they could work with less.



Mr. Flanagan stated that he had gotten letters last year and that the 15 foot easement does not appear to belong the County. He stated that they could pave it and make it one way.



Mr. Gilmour felt that the burden for this belonged to the property owners.



Motion by Commissioner Miller to put the responsibility for paving back to the property owner, second by Commissioner Lynn. Unanimous. (Chairman Hardman not present)



Mr. Gilmour brought up the fact that he had been contacted by CNN regarding LCP. CNN had asked the County to appoint a spokesperson.



Commissioner Tullos stated that he felt the Chairman should be the person.



Commissioner Lyde stated that the Board members should be able to make recommendations to the Chairman.



Commissioner Gunn stated that she had never heard of a Board member getting permission to talk to the press.



Mr. Gilmour stated that they had asked for a spokesperson from the County and that was why he was bringing it up.



Mr. Moore stated that pending litigation may result with respect to liable parties and that it might not be advantageous for the Chairman to speak for the County. It could put the County in a bad position later.



PUBLIC WORKS



Mr. Flanagan stated that he would not be able to attend the National Hurricane Conference. He asked that the fire chief Carl Johnson go in his place.



Motion by Commissioner Miller to approve the change, second by Commissioner Lyde. Unanimous. (Chairman Hardman not present)



Mr. Flanagan stated that the City Commission has received input concerning the widening of 17 by property owners. Mr. Flanagan offered his services to City to help with DOT negotiations.



Mr. Flanagan requested the opportunity to work with the local DOT officials and if needed he would request a resolution from the Board.



Motion by Commissioner Miller to help the City with this matter and to work with the DOT, second by Commissioner Lyde. Unanimous. (Chairman Hardman not present)



Mr. Flanagan stated that the City had requested a meeting of the Martin Luther King Advisory Committee. Mr. Mitchell of the City had asked Mr. Flanagan to speak to Mr. Altobelli.



Commissioner Miller felt the County should use the sales tax money for the project, but that the City should work out their own deals.



Mr. Flanagan stated that he had helped with the project all along and just wanted the Board to know that they would be meeting with Moreland Altobelli.



Motion by Commissioner Miller to allow Mr. Flanagan to contact Mr. Altobelli, second by Commissioner Tullos. Commissioners Miller, Strickland, Tullos and Lynn for, Commissioners Lyde and Gunn opposed. Approved. (Chairman Hardman not present)



Commissioner Gunn stated that she had water and sewer items and stated that Mr. Benson was not present. Mr. Benson had contacted Mr. Gilmour who told him he would not have to be present.



Mr. Gilmour stated that Mr. Rex Blankenship from Christian Renewal had requested the use of a ball field which would require some repairs. Mr. Gilmour stated that the amount estimated for repairs was $3,000.00 and would come from the park development fund.



Commissioner Miller suggested that we repair our ball fields in general. He stated that the City had available fields. He also stated that Mr. Blankenship would have to request the use of the field.



Commissioner Lynn stated that the field in Sterling was used on a regular basis.



Motion by Commissioner Miller to approve up the $3,000 for repair of the Sterling field, second by Commissioner Lyde. Unanimous.



PRESS INQUIRIES



Matt Permar of The Islander inquired about the 12 year term limit for County officials in one office.



He also inquired when the Recreation Meeting would be held. He responded at the Historic Courthouse.



Environmental Review Committee matters would be discussed at the next work session.



Motion by Commissioner Miller to go into Executive Session, second by Commissioner Lyde.



RETURN FROM EXECUTIVE SESSION



Meeting Adjourned.