REGULAR MEETING, BOARD OF COMMISSIONERS,
GLYNN COUNTY, GEORGIA, HELD THURSDAY
MAY 4, 1995, AT 6:00 P.M.
PRESENT: Jack Hardman, Chairman
Vice Chairman, Milton Lynn
Commissioner, Virginia Gunn Commissioner, Gladys Martin-Lyde
Commissioner, James E. "Sonny" Miller
Commissioner, Robert E. Strickland
Commissioner, Fred Tullos
ALSO PRESENT: Lee Gilmour, County Administrator
Gary Moore, County Attorney
Pamela J. Barton, County Clerk
STAFF PRESENT: Chief Carl Johnson
Chief Carl Alexander
PLEDGE OF ALLEGIANCE TO THE FLAG
Commissioner Gunn presented a proclamation with respect to National Drinking Water Week and asked that Mr. Gilmour retain the Proclamation in his new position as head of Water and Sewer. The Proclamation reads as follows:
"WHEREAS, water is one of the most basic and essential needs of all people and our health, comfort, and quality of life depend on an abundant and safe supply of drinking water; and
WHEREAS, water greatly enhances our everyday lives through its uses in public health, economic development, power production, agriculture, recreation, and meeting the needs of businesses and industries; and
WHEREAS, many dedicated men and women have made significant environmental contributions in developing, operating, and maintaining our public water systems; and
WHEREAS, National Drinking Water Week offers an excellent opportunity to share information on the quality, quantity, and importance of one of the Earth's most precious natural resources;
NOW THEREFORE, we the Glynn County Board of Commissioners, do hereby proclaim the week of May 7-May 13, 1995, as "NATIONAL DRINKING WATER WEEK IN GEORGIA" in support of efforts to provide and maintain clean and healthy drinking water for all citizens.
IN WITNESS WHEREOF WE set our hand and seal this 4th day of May, 1995.
BOARD OF COMMISSIONERS
Chairman Hardman then presented the following proclamation on behalf of persons with disabilities.
STATE OF GEORGIA
"WHEREAS, Judge B. Avant Edenfield, Chief Judge, United States District Court, Southern District of Georgia and Henry R. Crumley, Jr., Clerk, Southern District of Georgia, have gone beyond the call of duty in assisting persons with disabilities; and
WHEREAS, it has been brought to the attention of the Board of Commissioners by the Brunswick Glynn County Mayor's Committee on Services of for the Disabled that these two exemplary individuals together with their exemplary Court Security Officers: Biagia Rangio, Ralph L. Chambers, Walter D. Jones, Malcolm Kendrick, Donald W. King, Harold W. Leaman, Benjamin T. Norton, Owen C. Strickland, and David L. Waldron have all provided a beneficial service to those persons with disabilities; and
WHEREAS, this County is proud to recognize these persons for their
contributions and for providing opportunities to disabled persons through providing an accessible means for their movement in the Court Room;
WHEREFORE, be it proclaimed by the Glynn County Board of Commissioners for the above stated reasons and in appreciation for their dedication in providing this opportunity to disabled persons Judge B. Avant Edenfield and his staff are duly recognized and honored as outstanding citizens in the State of Georgia and Glynn County.
IN WITNESS WHEREOF WE set our hand this 4th day of May, 1995.
BOARD OF COMMISSIONERS
Mr. Dawson came forward to speak on behalf of the persons disabled persons open forum which would take place on May 9th from 7-9 p.m. He stated that his group was an advisory group for the City and County. He stated that he had served on the Grand Jury and hoped that the Courthouse in Savannah would become ADA approved as a result of this.
Chairman Hardman then presented the proclamation on behalf of National Nurses week. Ms. Sherry Auten came on behalf of the group to accept this proclamation.
"WHEREAS, 2.2 million registered nurses in this country represent our nation's largest health care resource; and
WHEREAS, nurses care for Americans every day by providing high quality care, working toward access to health care services for all Americans and by promoting initiatives for national health care reform; and
WHEREAS, ANA calls for a major restructuring of our health care system to ensure access to quality care for all U.S. citizens and legal residents; and
WHEREAS, the demand for nursing services is greater than ever because of an aging America, the industry's ability to sustain life through increased technology, changes in the settings where health care is delivered, changes in health care financing and change health care needs of today's consumers; and
WHEREAS, there is a projected need of 600,000 additional nurses during the next decade and more qualified nurses will be needed in the future to meet the increasingly complex needs of health care consumers in this community; and
WHEREAS, along with the American Nurses Association, the state nurses association has declared the week of May 6-May 12 as NATIONAL NURSES WEEK 1995 with the theme (created by the University of Kansas School of Nursing) "Nurses--The Heart of Health Care," in celebration of the ways in which nurses strive to provide high quality patient care and improve our health care system, there be it RESOLVED, that we, the Glynn County Board of Commissioners, ask that all residents of this County join us in honoring the nurses who care for us; and
BE IT FURTHER RESOLVED, that the residents of this County celebrate nursing's accomplishments and efforts to improve our health care system and show our appreciation for the nation's nurses not just during this week, but at every opportunity throughout the year.
NOW THEREFORE, we the Glynn County Board of Commis-sioners, do hereby proclaim the week of May 6-May 12 as NATIONAL NURSES WEEK in Glynn County, Georgia.
IN WITNESS WHEREOF WE set our hand this 4th day of May, 1995.
BOARD OF COMMISSIONERS
Chairman Hardman presented the matter of the contract between Glynn County and the law firms of Butler, Wooten, Overby, Cheeley, Pearson and Fryhoter; Bell and James; and Lissner, Killian, Cunningham and Boyd to represent the County's claims fro damages and injunctive relief in connection with toxic tests at the LCP site.
Mr. Moore asked that this item be deferred until the next meeting due to the fact that he would be receiving some information regarding the contract.
Motion by Commissioner Lynn that this matter be deferred, second by Commissioner Strickland. Unanimous.
Funds for Health Study
Mr. Moore stated that local attorney Jim Gilbert had come to the Tuesday meeting and stated that Allied Signal would be contributing money for human health studies with respect to LCP. Mr. Gilbert had stated that the $30,000 figure given was a workable figure.
Approval of Minutes
Motion by Commissioner Strickland to approve the minutes of the regular meeting held April 20, 1995 subject to changes and revisions, second by Commissioner Lynn. Unanimous.
General Business Continued
Commissioner Miller stated that there had been complaints regarding Commissioners micro managing by visiting department heads. Commissioner Miller wanted each Department Head to keep track of the visits and phone calls by the Commissioners.
Motion by Commissioner Miller to have Department Heads keep track of visits and telephone calls by Commissioners, second by Commissioner Lyde. Unanimous.
Establishment of single operating fund for Water and Sewer
Motion by Commissioner Miller to defer this item until the Attorney for RUPA arrived, second by Commissioner Lyde, Commissioners Gunn, Hardman, Lyde and Miller for, Commissioners Lynn, Strickland and Tullos against. Deferred until later in the meeting.
Complete list of Committees and Advisory Boards
Chairman Hardman stated that he was not sure that he had a complete list of the these boards and committees.
He requested approval by the board for staff to commence preparing the list.
Motion by Chairman Hardman to approve, second by Commissioner Lynn. Unanimous.
Glynn Clean and Beautiful
Commissioner Tullos asked if these people should be appointed to the boards at this time if there was a possibility that the boards would be done away with.
Commissioner Gunn stated that the positions on these Boards should not be advertised for at this time.
Motion by Commissioner Gunn to place Polly B. Clark on the Glynn Clean and Beautiful Advisory Board, second by Commissioner Miller. Unanimous.
Cadda had recommended the appointment of Mr. Ed Pickney and they had requested the submission of three names.
Mr. Ed Pinckney had been selected at a previous meeting.
Commissioner Gunn nominated Paul Sanders.
Commissioner Tullos nominated Mike Cavallon.
Motion by Commissioner Miller that the nominations be closed, second by Commissioner Strickland. Unanimous.
Discussion regarding Water and Sewer Fund
Mr. Gilmour presented the matter of establishing a single water/sewerage operating fund. The finance committee approved the motion to establish one single fund. He stated that two issues had been brought up 1. Was the Board's action legal with respect to the Bond Resolution? Mr. Gilmour stated that he and the County Attorney had contacted bond counsel and bond counsel felt that this action would be allowed and legal under the Bond Resolution. 2. What would happen with the money? The money would have to be audited first. He suggested that this change be delayed to July 1, 1995. Mr. Gilmour stated that he was providing an example of what would be done as of March 31, 1995 on St. Simons Island. He reiterated that the figures were example and not actual figures. The St. Simons Island operating account would have $1,400,000, the capital tap fees would be $1,800,000, customer deposit $449,000, sinking fund $106,000 and the renewal and extension fund of $266,000. He stated that if this action was approved there would be one revenue fund, a sinking fund and a renewal and extension fund. He stated that this followed the original bond resolution. He stated that the issue of separation was done as an action by the Board of Commissioners. A 90 day operating amount would remain in accordance with the Bond Resolution and that amount would be $510,000. Liabilities would be set aside in the amount of $196,532. A net of $741,967 would remain. Those monies would be disbursed as follows: $510,000 would be deposited into the revenue fund, the $196,000 would be left in the St. Simons operating fund to pay for liabilities and the $741,967 would be put into the renewal and extension fund. He also set forth that the Bond Resolution specifies that any surplus cash should be moved to the extension and renewal fund. This process would be followed in the future. The sinking fund would remain the same. An annual balance amount of $219,565 would have to remain at all times to be drawn on. The capital tap fees would not change but would be placed in the capital improvement fund. Mr. Gilmour stated that the customer deposit amount would remain at $449,157 but he recommended that this money be refunded to customers after the appropriate amount of time. Mr. Gilmour stated that the renewal and extension fund would have an amount $266,842 and $714,967 the total being 981,810. He then stated that this amount be used for infrastructure needs on St. Simons Island only.
$2,328,441 would then remain for improvements: the St. Simons Island wastewater plant upgrade, Kings Way water line, Oak Street Extension, Frederica Road improvement, Harrington, Mallery well, the Hamilton Road lift station, the Demere Road water line, Frederica area valves being checked, Sea Island Frederica, Lord Avenue, East Beach and Lift Station No. 3. $2,578,100 leaving a balance of $250,341. After July 1, capital tap fees and left over operating money would be available and go into the extension and renewal fund.
The mainland figures were stated as follows: operating account $223,347, capital account of $260,999 and customer deposits of $19,078. The changes would be a revenue fund with 90 day operating amount of $84,000, liabilities of $11,000 and a net of $128,000. No action would be taken on sinking fund. The capital fund in the amount of $260,999 would be split between north and south. Capital tap fees from the south were being paid to repay a loan for lines to service Royal Oaks Subdivision. $19,078 in customer deposits remain the same but reimbursement would take place. $128,306.00 would go to the revenue extension fund and based on the amount owed the $834,000 owed to the Island would be reduced by that amount. The remaining amount would be assigned to the capital account. The $177,000 would be deposited in the General fund for payment of the GEFA loan.
Mr. Gilmour stated that the system as a whole would be operated by the Board of Commissioners.
Commissioner Gunn asked what the repayment schedule for payment to the Island would be. She asked if that amount was $20,000?
Mr. Gilmour stated that that had been given as a suggested amount. Mr. Gilmour stated that initially the money would be spent where expansion went. He stated that successive Boards felt that expansion was necessary and the monies were used for expansion on the mainland. He stated that it then became an issue with St. Simons Island that no repayment schedule had been implemented for monies used from the St. Simons Island fund. Mr. Gilmour stated that two Boards ago decided that monies would have to come from some other place other than the St. Simons Island fund. Mr. Gilmour stated that this Board had every intent to implement a repayment schedule. He stated that the County was one unit and that the County did not have separate police or public works departments. He stated that the bond resolution provided for growth and the protection of the bondholders.
Commissioner Miller asked if the Sheriff and Police would be combined as law enforcement?
Mr. Gilmour stated that each of these had separate duties. He stated that the Sheriff was charged with maintenance of the jail and court services. The police were responsible for law enforcement.
Commissioner Gunn asked for written answers to her questions. They were as follows:
The 3/29/84 letter states that the Commissioners (page 1, 4th paragraph) "In January, 1988 the US82/US17 project was awarded..." Were not the Wet Lands regulations that prevented the development written in 1986? Did the Commissioners think that an area of the County called Buck Swamp would not be affected by the 1986 regs?
Mr. Gilmour responded that the problem with this was that the definition of the wet lands was changed. He stated that this had an immediate effect on the Exit 6 area.
Page 2, 1st paragraph and item 3 in summary: the reduction of impact fees and capital improvements without commitments from developers, were in effect a bonus to the developers. They could either sell the properties at a lower price (making them more competitive) or at a higher profit at County expense.
Other than the impact or tap-in fees how much additional money was "borrowed" from the SSW&SD account?
Mr. Gilmour responded that the amount was $831,000 as set forth in the audit.
From the 5/2/95 letter 1st paragraph, last sentence, who's "standard guidelines"? Historically the funds have been treated as separate. Refer to the 3/29/94 letter and the man references to SSW&SD monies.
2nd paragraph, 79 bond documents clearly show the only revenue pledged to repay the debt was from the SSW&SD
account (Schell & Hogan audit).
Page 2, Item 5, "the County is in the position to call the outstanding revenue bonds". A good idea, but the bond documents stated that "The Bonds of this issue are not a debt of Glynn County nor a pledge of the faith and credit of said County" (page 3, 2nd Paragraph of Appendix B Gambrell & Moley). So, can the County call the bonds, or does the SSW&SD have the sole authority to call the bonds? The SSW&SD was formed by an act of the State Legislature on July 24th, 1945 (from "A Compilation of Ordinances...").
Chart A, items 1 and 2.c refer to a Renewal and Extension line item. Is this set aside from the monthly fees for capital improvements? If so, this answers my question 1 from yesterday. But where has this money been used if it is raised from user fees?
Chart A, item 3a Operating, "Less liabilities (per audit example) ($196,532.00). Define liabilities?
Chart A, Deposit Net ($741,967.53) to Renewal & Extension. Again if the user fees could generate this amount of money, where has it gone in the past? If it has gone to pay the operating budget (wages, supplies & maintenance and purchase of equipment) why is it now excess to be applied to R&E?
Chart A, item 3e., Add Transfer $714,967.58. Under item 3a. the figure is $741,967.58, a typo, but a difference of $27,000.
This makes the Total $1,008,810.09 not $981,810.09 as stated.
This makes the Total available $2,855,441.88 not $2,828,441.88 as stated.
Capital Projects (Estimated), Mr. Gilmour's estimated cost are either $219,500.00 higher or $239,500.00 higher than Mr. Benson's that he presented to the Commissioners at the Work Session a week ago. Why?
Also the TOTAL (of Capital projects) is $50,000.00 less than shown. The two errors (one typo and one addition) would give a corrected BALANCE of $327,341.88.
The following were questions proposed to Mr. Benson by Commissioner Gunn:
Of the income from the monthly fees, how much is available for maintenance and repairs to the system? (With approximately $1,680,000 raised annually in fees from both the Mainland and St. Simons systems, it should not be all used for operating the Department!)
With the recent proposal to repair and replace lines and equipment on St. Simons, all but about $300,000.00 of the capital tap-in fees from the Island account will have been used. How long did it take to raise those fees?
Do you know if the repairs will take care of all the problems of the St. Simons system or should we expect more problems to occur in the system that is mostly 50 years old?
How do you propose we pay for those repairs?
Has a recent study been made of all the sewer lines for rain water infiltration and capacity and all the water lines for flow capacities and for leaks to insure that they are in good shape to service the needs of the St. Simons system for the next two or three years?
Do you plan to conduct an inspection soon of all the lines that are at least 10 to 15 years old and older?
What method do you plan to use to conduct the inspection? Fiber optics? Ultra sonics?
Why have the capital tap-in fees generated from the South Port system not been returned to the St. Simons fund as required by the agreement?
Why is rent on the office space at Demere Annex being paid from the St. Simons fees by the Glynn County Water and Sewer "Commission" to the Glynn County general fund? Are other departments in Glynn County paying rent for use of Glynn County property?
Motion by Commissioner Lynn to establish one water and sewer operating fund, second by Commissioner Strickland. (not acted on at this time)
Foster Lindberg stated that he was there to challenge the Board on behalf of RUPA. He stated that people get angry with lawyers because they do what is legal and not necessarily what is right. He stated that without a written opinion from legal counsel with respect to the bond resolution the opinion is not worth anything. He then asked, is it fair to let a small percentage of the population pay many times its fair share for the majority. The question is not whether you can do something, it is should you do something? He stated that bonds are a very complicated area of the law. He also asked that the Board obtain a second opinion.
He stated that 15,000 people on the Island were supporting the mainland system having 60,000 residents.
He stated that this was not St. Simons Island verses the rest of the County it was about what was fair.
Ms. Dean Overall stated that she had served 6 months on the Glynn County Water and Sewer Commission. She stated that she too felt that one water and sewer system needed to be implemented. She had previously served in this same capacity in Washington, D.C. She asked that the Board should for their own protection seek outside bond counsel (outside of Glynn County). She stated that Robinson Humphrey was known throughout the South. She asked that the Board take its time and do it right.
Mr. Lindberg then stated that he did not have any disparagingly remarks regarding Mr. Moore's competency. He felt that the Board would be well served to obtain two different opinions from outside Bond counsel.
Mr. Enney stated that Mr. Gilmour had used the $177,000 figure to pay the debt at Exit 6. He said he understood that South Port no longer paid their $75,000 which would cause this payment to go up to $252,000. He stated that Commissioner Gunn asked if these funds would be commingled and you responded no. He stated that Mr. Gilmour's letter now states that the funds are being combined. What is the difference between combining and commingling. Since these monies would be taken, most from St. Simons, people who did not live on the Island have not paid a penny. Are any of the Island monies going to be used to pay the $252,000?
Chairman Hardman stated that he supported separate capital improvement funds. Chairman Hardman stated that other utilities don't keep funds in the district where it has been paid. Chairman Hardman stated that he thought one fund would work more efficiently.
Mr. Moore stated that he felt comfortable with the legal opinion with respect to the bonds and the bond resolution.
Commissioner Miller stated that the Island system was in such bad shape, would it be put in first class shape before using the money elsewhere?
Mr. Gilmour stated that this was what would be done.
He stated the monies available for capital improvements on St. Simons would be used for St. Simons. He stated that the Board would decide where the money would be spent.
Commissioner Miller stated that the $75,000 paid prior to last year would have to be paid.
Mr. Lewis stated that the $175,000 comes out of the operating account and he stated that the $75,000 would have to be paid from the general fund wherever the funds may come from.
Mr. Enney asked if the monies from St. Simons would be commingled in this account.
Mr. Gilmour stated that the Island funds would not go into the General Fund. Several years back the Board decided to have separate funds. If a shortfall occurred monies would have to be paid from the general fund. The policy funding decision was made by the Board how much would be paid and where would it come from? He stated that the Board would decide what was spent in the budget process.
Mr. Enney made two points: he suggested the Board study Exit 6 very closely, there were 88 lots at Royal Oaks, only 11 houses have been built, that would not be a drop in the bucket with respect to the usage. He stated that everyone would be old before that broke even. He stated that 1,000 units would be needed to break even. He stated that he understood there was a meeting of the new water board and fire requirements on the Island were discussed. He understood that if a fire broke out in the village they would have a hard time putting it out.
Commissioner Gunn asked that Ms. Bell's letter be added to the minutes. That is attached as Exhibit "A".
Motion by Commissioner Lynn that Glynn County establish a single water and sewer operating fund, second by Commissioner Strickland. Commissioners Hardman, Lyde, Lynn, Strickland and Tullos for, Commissioners Miller and Gunn opposed. Approved.
Smile Gas Turn Lanes
Ms. Carolyn Sardor stated that she was a resident of Sea Palms until the Master Plan for Frederica Road has been completed. She stated that other businesses did not have three lanes and requested that the Board wait in making a decision.
Ms. Thomason stated that she was very much against the action with respect to the turn lane on Frederica Road at Smile Gas. She commented that this had been decided very hastily. She stated that the bank had requested an entrance at the north end. The Planning Commission had told them they could only have one entrance. She stated that she felt this was not necessary.
Ms. Francis Allen spoke as President of Sea Palms East Homeowners Association. She stated that she had been gone for two weeks and returned to a threat of four lanes. She stated that she had requested a no passing lane be drawn on Frederica Road. She stated that they could not even get a double line (no passing) and then this was implemented as a safety factor? She wanted to know why they could not get the no passing line in.
She stated that a total plan was needed.
Mr. Wiederhorn presented photographs of the construction area. He stated that Jimmy Horton had promised a no passing line, but it had never happened. He stated that no widening of Frederica Road had taken place since he had been in the area. He stated that two turn lanes had been agreed upon and had not been implemented. He stated that now Smile Gas was getting a turn lane. Mr. Wiederhorn stated that the developer was not in favor of this. He stated that the County felt they were doing the best thing for the community but that no one had ever asked the community. He stated that this was a residential area and the project should be stopped. He stated if the project did not work, the lane could be added later. He stated that the road would be at least 42 feet wide with the addition of the lane and 7 trees would have paving close to their trunks. He stated that this was not part of the deal for turn lanes in the County. He once again reiterated that the people did not want this.
Commissioner Gunn read Mr. Fendig's letter into the record. That letter is attached as Exhibit "B" hereto and made a part hereof.
Commissioner Miller stated that the stables were being moved caddy corner from where they are currently located.
Mr. Enney asked about the Barnett and Shaws Bounty turn lanes? How did it get changed.
Chairman Hardman stated that that had been delayed until after tourist season because of excessive cost.
Motion by Commissioner Gunn that the turn lane be turned down and that the double yellow line be painted to eliminate passing, second by Commissioner Strickland. Unanimous to turn down the project.
Abandonment of Property owned by Buckingham Church of God
Mr. Wayne Hutcheson appeared on behalf of Buckingham Church of God. He stated that the subdivision had been established in the 60's. In the 80's the Church had purchased the property. He stated that the Church was asking for the abandonment of a portion of Stafford Street. He stated that construction would be commencing on a HUD Project. He stated that the County had requested that a cul de sac be placed on Stafford.
He stated that they wanted a building permit and had agreed to put in a cul de sac.
His request was for an abandonment of a portion of Stafford Road; and that the HUD project not be held up a building permit be issued. He stated that he no longer wanted the abandonment of Cornwall.
Mr. Richard stated that an abandonment was applied for which included the installation of a cul de sac. He stated that the County had approved this with appropriate drainage and a cul de sac. He stated that the abandonment had been approved but the finalization of the abandonment had never been consummated.
Chairman Hardman stated that this had been voted on at an earlier date but that their part of the abandonment had not been completed.
Mr. Moore asked if the County knew if the abandonment had been approved? Mr. Moore stated that our ordinance calls for the process to be completed. He stated that if Mr. Hutcheson did not have proof this had been done he would have to repeat the process as appropriate.
Commissioner Lyde stated that the Board needed proof of what had been done.
Chairman Hardman stated that he did not want to hold anyone up but the process had to be completed as required.
Mr. Hutcheson asked that the building permit be issued.
Motion by Commissioner Lyde to defer second by Commissioner Strickland. (not acted on at this time)
Commissioner Strickland said that this should have been filed when initially applied for. Commissioner Strickland asked that the cost be dropped if this was a mutual screw up.
Motion by Commissioner Lyde to defer until this has been cleaned up and to drop the fees if it was a mutual mistake, second by Commissioner Strickland. Unanimous.
Mr. Moore stated that the County would have to have a bond or letter of credit pending completion of the cul de sac.
Motion by Commissioner Tullos to grant a building permit pending evidence that everything has been complied with and a letter of credit has been provided, second by Commissioner Strickland. Unanimous.
Report from the United Way
Mr. Robert Switek addressed the Board regarding the progress of the United Way in the Community. He stated that $860,000.00 had been collected. $808,400.00 had been pledged but the total net collected would be approximately $852,826. He stated that funds were given to 22 different agencies. He also set for the $122,368 were applied toward administrative fees. Half of the dollars pledged to Red Cross came from the United Way. He stated that a total of 57,211 people were helped in the County by the United Way. He stated that the United Way had over 500 Volunteers in the community.
He stated that in the event of a disaster he would be assigned to head all volunteer activities in the County. He thanked the Board for the opportunity to speak.
Commissioner Miller thanked Mr. Switek on behalf of the Special Olympics.
GC-7-95 - Property owned by Deborah T. and Bobby M. Worth, Sr.
Request to rezone from R-12 One-Family Residential to Mh-6 One-Family Residential Mobile Home, an existing lot consisting of 6,612 square feet fronting 68.53 feet on the east side of Mills Road (located off Scranton Road), lying immediately north of Halveston Oaks Sub.
Planning Commission voted to deny this request.
Mr. Reuter stated that this was a residential area in which a manufactured home was allowed. He stated that the only mobile home in the area was Mr. Worth's and that request had been granted as a medical hardship.
Mrs. Howard spoke against this zoning. She stated that she owned the property behind them. She stated that this man already had a home and two mobile homes on this lot, one mobile home being used as a rental property. Mrs. Howard was opposed to this action.
Motion by Commissioner Miller to deny, second by Commissioner Tullos. Commissioners Gunn, Hardman, Lyde,
Miller, Strickland and Tullos voted to deny. Commissioner Lynn abstained. Motion to deny approved.
GC-8-95 - Property owned by Ralph A. Wade
Request to rezone from Highway Commercial to Office Commercial, an existing lot (portion of Lot #5 Sherwood Sub.), consisting of 11,664 square feet fronting 50 feet on the north side of Cypress Mill Road, beginning 264.56 feet east of Carteret Road.
Planning Commission voted to approve this request.
Mr. Reuter presented this matter stating that it was zoned highway commercial back in 1978. Mr. Reuter stated that this was a down zoning.
Motion by Commissioner Miller to approve, second by Commissioner Lynn. Unanimous.
GC-12-95 - Property owned by Palm Coast Associates, Inc.
Request to Amend Planned Commercial GC-24-94 Zoning Text and Master Plan, 2.535 acres fronting on the south side of Demere Road, 248.81 feet of frontage, beginning approx, 2,926 feet west of Retreat Road and Approx. 500 feet east of May Wan Road, St. Simons Island, to allow a restaurant as a permitted land use.
Planning Commission voted to deny this request.
Mr. Reuter presented this matter and stated that certain businesses were not allowed, a restaurant being one of these businesses. Mr. Reuter stated that they were asking for a variance to allow a full service restaurant, Outback Steakhouse, with limited hours of operation. Mr. Reuter stated that staff and the Planning Commission felt this should not be approved.
Mr. Sanders appeared on behalf of this application. He stated that the proposed restaurant would operate limited hours. He stated that it would be a 6,000 square foot restaurant on this substantial piece of land. He stated that the building would be located 300 feet back from the road. He said it would only be open at night and stated that the restaurant would furnish 80 new jobs. He stated that $32,000 in property taxes would be added to the tax rolls, together with $33,000 in sales tax collections. He stated that homeowners in the area would not see the restaurant. Mr. Sanders set forth that there were uses that would have more of an impact on the area such as a convenience store.
Commissioner Miller asked what evening meant?
Mr. Sanders stated that the opening time would be 6:00 p.m. with closing at 10:30.
Kevin Keithgart stated that he was with Damon's and had never heard of an Outback opening at 6:00 p.m.
Commissioner Gunn asked if this was behind where the cabinet store was going to be.
Mr. Sanders responded that this would be the only thing on the property.
Commissioner Miller asked if there were trying to remove the exclusion regarding restaurants.
Chairman Hardman confirmed that this was what Mr. Sanders was requesting.
Ms. McGuire then asked for some clarification regarding this area being part residential. She stated that she understood that the zoning excludes restaurants. Would this area then be opened to restaurants?
Mr. Reuter stated that this would affect future land use decisions.
Mr. Moore stated that if one restaurant was approved it would be hard to deny another request for a restaurant on adjoining property.
Mr. Keithgart stated that he had two points to make: he stated that there was a full service bar in Outback; and during the winter months all restaurants on the Island kept skeleton crews only. He stated that this restaurant would seat 100 - 150 people. He also stated that there were churches and schools close by.
Mr. Gino Pescrilli asked the Board to vote no due to 1. increased traffic; 2. added burden on utilities; and 3. economic impact to the area. He stated that there were already 65 restaurants on the Island and the need for a restaurant of this size did not exist.
Ms. Alana Quinn stated that she was a property owner in the area and she was against this due to increased traffic and the fact that the need was not there for an additional restaurant.
Chairman Hardman stated that someone could come in and build 30,000 square feet of retail space in this area.
Commissioner Lynn asked how close the church was?
Mr. Reuter stated it was less than 600 feet, but within the 300 foot limit allowed for a full service restaurant.
Commissioner Strickland stated that other buildings would also result in additional traffic.
Ms. Ruthie Cobb stated that she lived 500 yards from where they wanted to build. She stated that they had been fighting development since 1978. She asked the Board not to agree with this that they had agreed to a cabinet shop and not a restaurant.
Ms. Berthinia Gibson stated that there was no reason to put another restaurant in Jewtown. She stated that there were several restaurants already. She also said there were several churches close to there. Ms. Gibson said there had been several accidents already. She said the Board had agreed to eliminate restaurants and this should be adhered to.
Ms. Thomason stated that the definition of convenience store should be reviewed and revised by the staff. She stated it was nothing more than a gas station without full service.
Mr. Jack Caldwell stated that he was a citizen using this area and stated that most retail uses would bring in people in alternated hours and not during the rush hours.
Mr. Lee Noel spoke regarding the development slated for this area of Demere Road. He stated that Mr. Sanders had requested a cabinet shop last year and that was approved. Mr. Noel stated that 300 additional residential people would be living in the area. He stated that the residents of the area must be protected. Mr. Noel felt that zoning rulings should be consistent and asked the Board to stand behind their decision.
Motion by Commissioner Gunn to deny the application, second by Commissioner Lyde. Commissioners Gunn, Hardman, Lyde, Lynn Miller and Tullos for. Commissioner Strickland opposed. Motion is denied.
Water and Sewer Matters
Establish separate capital improvement funds for St. Simons District, Mainland District and Mainland South District.
Motion by Commissioner Strickland to approve, second by Commissioner Lynn. Commissioners Hardman, Lyde, Lynn, Strickland and Tullos for. Commissioners Gunn and Miller opposed. Approved.
Establish uniform user rates for water and sewerage for all system users.
Motion by Commissioner Lyde to approve, second by Commissioner Tullos. Commissioner Gunn opposed. Approved.
Account and process Water and Sewerage Department in the same manner as other County departments.
Motion by Commissioner Lynn to approve, second by Commissioner Strickland. Commissioner Gunn opposed.
COMMISSIONER URGENT AND EMERGENCY ITEMS
Commissioner Miller asked about the LOST tax. There was no report on this.
Chairman Hardman stated that he had met with the Mayor Homer Wilson regarding the LOST tax split.
Mr. Moore explained that once the tax was lost it would have to go before the legislature again.
Commissioner Gunn stated that she was confused, does the City have to agree to go to arbitration? The answer was that the City would have to agree prior to entering binding arbitration.
Motion by Commissioner Miller to offer the City a split of the monies 65 - 35 or go to binding arbitration, second by Commissioner Lyde. Commissioners Miller and Lyde for. Commissioners Gunn, Hardman, Lynn, Strickland and Tullos opposed. Motion fails.
Motion by Commissioner Tullos to ask the City to please submit to binding arbitration or come back with an offer, second by Commissioner Miller. Unanimous.
Commissioner Tullos gave a report on his meeting regarding the jail. He stated that the City had offered the County $10.00 per day. The County paid $42.58 per day per prisoner. Commissioner Tullos asked if they would consider $27.50 per prisoner and the City stated that that was too much money. The best that City would give would be $10.00 per day per prisoner, plus medical expenses and 10% of the fines collected.
Commissioner Tullos recommended that this be accepted but wait until the LOST matter had been negotiated.
Commissioner Miller stated that he had heard the City had offered Camden County $25.00 per day per prisoner, the City would transport, pay medical costs and liability insurance on prisoners.
Commissioner Tullos stated that the City had not gotten a firm response on this amount.
Commissioner Miller stated that the Board should make a motion to accept what the City had offered Camden County.
Commissioner Strickland stated that the fee to get into the prison was $134.00 and he stated that there were rules that applied to Glynn that were not being practiced in Camden. Commissioner Strickland stated that the City is charged even when someone was immediately bonded out. He felt that this could not be done. He stated that the Sheriff was going to look into revising some of these requirements.
Commissioner Miller stated that the City should guarantee the 10% that the County should not have to worry about this. He stated that he was in favor of the $40.00 fee.
Chairman Hardman stated that the fee should be collected on what was charged, not collected. He stated that their fines, forfeitures and some other monies collected were $149,000.00.
Commissioner Gunn presented the matter of the Demere Road Farmer's Market, Chief Alexander recommended the following: the dirt road from Demere to the Recycling Center that continues to Airport Road up to the parking lot at the Demere Annex, should be one way, the entrance into the Farmer's Market should also be one way in the same direction and from the parking lot in front of the Demere Annex to Airport Road would be two way traffic.
Motion by Commissioner Gunn to approve, second by Commissioner Tullos. Unanimous.
Commissioner Gunn also presented this on behalf of Chief Alexander regarding parking at 8th and 9th Street, East Beach. These cars were blocking residents and their driveways. He wanted the ordinance amended to prohibit parking at the end of 9th Street from the end of the pavement eastward at the end on either side, at the ends of 8th Street on the South side from Diaxon Lane east.
Motion by Commissioner Gunn to revise the Ordinance and to advertise as appropriate, second by Commissioner Miller. Unanimous.
Commissioner Gunn asked staff to prepare a list of all of the employees that traveled in the last couple of years, who, where and cost (3 years).
Commissioner Gunn stated that one of her goals had been the Coast Guard Station and asked that Charlie Spalding come to speak at the next meeting.
Commissioner Gunn asked that a motion be made not to hear abandonments before the actual process began.
Mr. Moore verified that this would not include clearing up an existing or housekeeping matter.
Motion by Commissioner Gunn not to hear abandonments before the paperwork is filed and fees have been paid, unless the abandonment is an issue that requires being finalized, second by Commissioner Tullos. Unanimous.
Commissioner Gunn stated that the planning subcommittees were set up. A gentleman came from Atlanta to speak and of the 38 people placed on these committees only 8 showed up. She also noted that no one was taking role or minutes at these meetings.
Mr. Moore stated that the ordinance would have to go through the Planning Commission process.
Motion by Commissioner Gunn that if someone misses two consecutive meetings they will be removed and replaced with the original applicants that had been taken off the list. (Motion withdrawn)
Commissioner Tullos stated that the Recreation Board had given the Board a set of revised bylaws. He stated that they had never been voted on.
Commissioner Lynn stated that he thought the Board was going to wait and review all bylaws as agreed.
Mr. Gilmour stated that Mr. McGinty had acted as consultant under our insurance plan. He apprised the Board that Mr. McGinty has accepted a position with one of the firms that had received the bid. Mr. Gilmour felt that this was a conflict of interest and asked the Board to cancel the contract.
Motion by Commissioner Lynn to cancel the contract, second by Commissioner Lyde. Unanimous.
Mr. Gilmour stated that Mr. Benson had requested that the VFW vacate the space they were occupying at the Demere Annex.
Mr. Benson stated that he had spoke to the VFW people and they had no objection to Mr. Benson's taking over the space again.
Commissioner Gunn asked what happened to the kitchen equipment?
Commissioner Miller stated that it had gone to the County auction.
Motion by Commissioner Gunn to approve, second by Commissioner Miller. (Motion withdrawn)
Chairman Hardman asked that this be deferred until staff could check on this.
Mr. Gilmour stated that he had received a proposed agreement between the County and Systems and Methods who were the only vendor to send out food coupons.
Motion by Commissioner Lynn to approve, second by Commissioner Tullos. Approved.
Mr. Gilmour stated that he had received a request from Mr. Long to hire temporary people within their budget to complete the reappraisal. The estimated cost would be $16,000.
Motion by Commissioner Tullos to approve, second by Commissioner Miller. Unanimous.
Mr. Moore stated that the lease had been signed with Links, Inc. for the Neptune Park Golf together with a check. He stated that they had requested to pay the rent in monthly fees and they wanted to add a provision allowing for 12x12 signs for advertising of the Golf course.
Commissioner Miller asked if this golf course would be under the Casino Advisory Board.
Motion by Commissioner Miller to allow the Chairman to sign the contract with the two revisions allowing for monthly installments of rent and advertising and that the County Administrator be the contact person for Links, Inc., second by Commissioner Lynn. Unanimous.
Mr. Moore stated that he had checked on the local home rule ordinance to generate some additional funds, he also stated that this would have to be published. This would allow the Fire Department's transporting of patients for the hospital.
Chief Alexander stated that this would have to be advertised and could not be heard until June.
Motion by Commissioner Lynn to approve and allow for advertising, second by Commissioner Strickland. Unanimous.
Motion by Commissioner Miller to go into executive session, second by Commissioner Lynn. Unanimous.