REGULAR MEETING, BOARD OF COMMISSIONERS,
GLYNN COUNTY, GEORGIA, HELD TUESDAY
MAY 16, 1995, AT 5:00 P.M.
PRESENT: Chairman, Jack Hardman
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: Dan Reuter
Chief Carl Alexander
Chief Carl Johnson
Sheriff Wayne Bennett
PLEDGE OF ALLEGIANCE TO THE FLAG
Sheriff Bennett to Present a Check to the Board
Sheriff Bennett addressed the Board and presented a check representing Bond forfeitures that had been collected under the Bond Forfeiture policy established in 1993.
The check presented to the Board was in the amount of $23,768.90 representing a portion of the outstanding bond forfeiture money. The current policy implemented in March 1993, will provide for collection from that date forward. The outstanding bond forfeiture money prior to that time was being pursued by the Sheriff and Mr. Moore.
Sheriff Bennett stated that it will go through the Court system and then returned to the County.
Commissioner Gunn to Discuss the Waffle House
Commissioner Gunn asked the Board to consider applying the $2500.00 received from the Waffle House toward the Whales in the Park sculpture. She stated that they had raised $6,000.00 toward the sculpture already. Commissioner Gunn stated that she thought that the Jewtown ladies had requested that the $2500.00 be used toward lights, but she did not think many lights could be purchased for that amount.
Chairman Hardman then stated that he thought this money had been earmarked for Parks and Recreation.
Motion by Commissioner Gunn that the $2500.00 when received be given to the Whales in the Park Project, second by Chairman Hardman. (Motion withdrawn)
Commissioner Miller asked if the plans for the sculpture had been finalized.
Commissioner Gunn responded that they had. She reminded the Board that they had brought it in for the Board to see.
Commissioner Lyde asked how much would be required to install the street lights?
Mr. Gilmour stated that he would not say that $2500.00 would not be adequate to purchase street lights. Mr. Gilmour offered to obtain information on the cost of the lights.
Commissioner Miller wanted to know if there was a reason there were not street lights.
Chairman Hardman stated that there were certain factors that determined a neighborhood obtaining street lights, accidents, curves, etc.
Commissioner Lynn stated that he felt the Jewtown people should have a say in this.
Commissioner Gunn stated that she did not expect a vote at this meeting she was just bringing this matter up.
Mr. Atkinson asked if the $2500.00 had been committed to the Jewtown area for lighting?
Mr. Moore read the minutes and stated that the money would be spent for recreation or some other general government person as determined by the Board of Commissioners.
Mr. Strickland asked if there were other projects that were of higher priority than this where the $2500.00 was needed.
He asked that this be looked into.
Commissioner Gunn stated that if $2500.00 could get several lights she would be happy to consider that. She also stated that she felt the Jewtown residents were more interested in a decorative type of lighting.
Mr. Enney asked if there was a standard for lighting on St. Simons.
Mr. Gilmour stated that the standard follows the policy implemented by the Boards including intersections, accidents and heavy use.
Mr. Enney stated that a light had been requested for Devonwood but he thought the residents had paid for the light.
Commissioner Strickland then brought up the matter of Country Wood Estates in his district that had to supply their own lighting because they did not meet the criteria.
Commissioner Gunn to Discuss Voting by Secret Ballot
Commissioner Gunn stated that a letter to the editor in The Brunswick News had mentioned voting by secret ballot. She also asked for Mr. Moore's and the other Board members' opinions on this. She wanted to make sure that this was legal. She also felt that this was done to keep from hurting someone's feelings. Commissioner Gunn asked that who counted the ballots? The reply was the clerk.
Mr. Moore stated that secret ballot was a legal practice. He stated that Roberts Rules of Order specified that this procedure was acceptable and represented a unanimous consent. He felt it was a good means to keep individuals from being embarrassed.
Commissioner Gunn stated that she felt this process was less political than an open vote.
Mr. Moore stated that anyone was welcome to review the votes which were retained by the clerk.
Chairman Hardman stated that he always asked the assembly if there were any challenges to the vote.
Mr. Enney added that he felt it may be that the constituents were interested in knowing how each Commissioner voted.
Mr. Kreimborg spoke regarding DEFAC
Mr. Kreimborg stated that DEFAC had been approved by the General Assembly for relocation. He stated that they had two options and the third option would be that the County provide space and be reimbursed by the State. He stated that if the County elected not to provide space a private vendor would be contacted. He stated that this was a formal request to the County for them to make a determination as to whether they would provide space for DEFAC. Mr. Kreimborg felt it would be advantageous to his facility to be located with other State offices. He stated that they had outgrown their space. He stated that they would need 22,000 to 25,000 square feet of space. He also stated that they currently had 75 staff in the building and 6 or 7 staff that were out stationed.
Chairman Hardman asked if they could only contract on a yearly basis? He asked if Office Park Building could be used?
Mr. Kreimborg stated that they would need the space in July of next year.
Chairman Hardman asked staff to research this.
Commissioner Strickland asked if they were currently on Altama. The response was yes. Commissioner Strickland asked if they could expand? The response was no.
Commissioner Miller asked if they wanted to build?
Mr. Kreimborg stated that they had been in Office Park before he came to Glynn County.
Mr. Lewis stated that there was 36,000 square feet of space available in Office Park Building.
Motion by Commissioner Lynn for staff to research this, second by Commissioner Lyde. Unanimous.
Approval of Minutes
Commissioner Gunn noted corrections in the minutes.
Motion by Commissioner Lynn to approve the minutes from the April 20, 1995 minutes, May 2, 1995 and May 4, 1995, subject to additions and corrections, second by Commissioner Strickland. Unanimous.
Interagency Criminal Justice Task Force - No report
Airport Commission - No report
Recreation Board - Ms. Williams stated that the Blythe Island Canoe Trail was underway, that the Neptune Park Miniature Golf Course was ready to open the coming weekend and the playground equipment in Neptune Park would be installed June 1 and 2. She stated that Georgia Pacific
would install the equipment and if the equipment being removed was usable it would be moved to Demere Park. She stated that the daily rental fees for the Casino would be going before the finance committee. Several improvements for Neptune Park would also be going to finance committee. She stated that several improvements at Blythe Island were also being finalized. She stated that it was suggested that the pool entry price at St. Simons be increased from $.50 and $1.00 to $1.00 and $2.00. She also stated that the entry price for the pool at Selden Park would remain the same.
Ms. Williams stated that she was trying to contact the company that the Project Play equipment had been purchased from to obtain a representative from the company to come in and supervise the installation of the equipment. She stated that this would go before finance if it could be worked out.
Commissioner Lyde asked if the Casino fees had to come before the Board for approval. The response was that yes it had to come before the Board for approval.
Mr. Stewart stated that the Planning Commission had considered changing the bylaws. He stated that there would be a work session at 9 a.m. next week on Wednesday. He stated that once the Planning Commission had voted the bylaws would come before the Board. He stated that the following recommendations had been made: Chairpersons could not succeed themselves and elections for Chairperson would occur in July instead of January; a person cannot serve over two terms; and five members would be from the Mainland, two would be from the Island and one Commissioner at large would appoint one person from the Island and the Island Commissioner would appoint one member. He stated that St. Simons had 43% of the vote.
Commissioner Miller asked if Commissioners had to name someone from their District. The response was yes. He asked how the two at large would choose. He asked if there should be a certain way that this was done.
Chairman Hardman stated that he felt it had been done a certain way.
Commissioner Miller felt it would be better if it was set up so there was a certain way that this would be done.
Commissioner Gunn stated that she had a problem with this. She stated that Mr. Fell and Mr. Noel were currently serving. Commissioner Gunn stated that she had an appointment in the next few months. She stated that this was never a problem until now. It seemed to her that the power would be shifting in favor of the Island and holding the line and now the Planning Commission was trying to throw one of those guys off. She stated that these two gentlemen were always in attendance. Commissioner Gunn stated that before it never mattered where these people were appointed from. Commissioner Gunn stated that her constituents paid 65% of the tax base.
Chairman Hardman stated that old tax District 3 paid more taxes than anyone else.
Commissioner Gunn stated that the Island was circulating a petition asking for an Island Planning and Zoning Commission.
Mr. Stewart stated that this was simply be calculated by percentages.
Commissioner Miller asked if the Island appointment was the only appointment coming up.
Mr. Stewart stated that he did not know that information.
Chairman Hardman stated that he did not know if it was right to take the appointment away from Commissioner Gunn at this time; he felt maybe this change could be considered down the road.
Commissioner Tullos stated that Mr. Stewart had conveyed that they would report to the Board with the Planning Commission recommendations and that the Board should wait to hear those recommendations.
Commissioner Gunn stated that the at large Commissioner has always been able to choose where their representative came from. She suggested that the Island be allowed to have their own Planning Commission due to the different needs of the Island.
Commissioner Miller stated that he was representing Glynn County as a whole.
Commissioner Strickland stated that he had friends on St. Simons Island and he represented the entire county.
Commissioner Lyde stated that she did not see the point of having an Island Planning Commission.
Mr. Stewart then responded that there were seven people on the Planning Commission and that all seven of them represented St. Simons Island, not just two. He stated that people had different agendas and different ways of arriving at things but that they all had the welfare of the Island in mind.
Commissioner Gunn stated that Mr. Noel and Mr. Fell were the two persons who attended every meeting concerning planning and zoning and that she had not seen the other people at those meetings which did not mean that the other people did not work hard. Commissioner Gunn stated that Mr. Noel would have to be kicked off the Board. She stated that Mr. Noel and Mr. Fell were hard workers who loved the Island and there was nothing wrong with that.
Pension Committee Appointment
Chairman Hardman asked if the Board would object to appointing the Pension Committee representative.
Mr. Moore felt since it was listed as an item for the meeting of the 18th it should remain on the Agenda for Thursday night.
Chairman Hardman asked the fire chief to ask the two potential appointees to attend the Pension Committee meeting being held on Tuesday.
Commissioner Miller stated that he had an item for executive session that he would like to be heard on Thursday.
Mr. Moore then stated that he had an item of pending litigation to be heard at this meeting due to a time factor.
Commissioner Lyde asked if the Board could meet on Tuesday and handle everything on that day if the Agenda dictated that.
Mr. Gilmour stated that once items had been advertised on a particular date it would have to be addressed on that date.
Commissioner Lynn stated that a letter had been prepared and addressed to the City, the letter is attached as Exhibit "A" hereto and by this reference made a part hereof.
Commissioner Lyde stated that in a discussion at the City had said there was no such thing as binding arbitration.
Mr. Moore stated that this act called for nonbinding arbitration or mediation both of which required the consent of the parties in order to be effective. He stated that binding arbitration had been discussed with the City, he stated that an arbitrator would be contacted and the parties would say make a decision for us and with limits being given.
Commissioner Gunn asked if the City intended to sue the Board?
Chairman Hardman responded that he had heard that.
Commissioner Gunn then asked if that was a motion?
Commissioner Lyde stated that she had been present and that the City felt the same way the County did, that no one wanted to bend. She stated that the City felt that the County was treating them like stepchildren.
Commissioner Lynn stated that the parties would sit down with an arbitrator in order to reach an agreement.
Chairman Hardman stated that the County had offered to give and bend a little and stated that if the census was not a good basis to use, why had it been used for so many years? Chairman Hardman stated that the City and County would incur a huge loss. He felt that the letter was generous.
Commissioner Strickland stated that paper had mentioned 65 - 35.
Commissioner Lyde stated that Sonny's motion had failed.
Commissioner Tullos stated that the City did have the opportunity to make the County an offer.
Commissioner Miller stated that they would have turned down the 65-35 offer but that the County would have been in the driver's seat.
Chairman Hardman stated that this offer was being made for negotiation. He felt this was the reasonable way to handle this.
Motion by Commissioner Lynn to approve sending the letter regarding LOST to the City, second by Commissioner Strickland. Unanimous.
Commissioner Strickland stated that he had an item he had brought to Mr. Gilmour's attention. He asked if this item could be heard at 7:00 p.m. on Thursday with respect to Club One. He stated that they had advertised as a club having dancers. He stated that only persons 25 and older were allowed to go in the Club. He also stated that alcohol was not served in the Club. He stated that there had been several complaints regarding the noise. Commissioner Strickland stated that the owner had agreed to be there on Thursday.
Commissioner Lynn asked if Commissioner Strickland was the one that had told the owner he could do this.
Chief Alexander stated that he had told them if any alcoholic beverages were being taken in accordance with the brown bag ordinance they would have to have an alcoholic beverage license. He stated that he had received several complaints. He stated that the man said he had spoken to a Commissioner who did not know anything about a brown bad ordinance.
Chairman Hardman stated that there might be confusion between two clubs, G & S and Club One.
Mr. Grant stated that he ran G & S in Frederica Plaza. He stated that he had very tight security and no loitering whatsoever was allowed at his club.
Chairman Hardman asked Chief Alexander to investigate to make sure that the two clubs were being confused.
Chief Alexander stated that he had been told that G & S would be used for private parties only.
Commissioner Strickland stated that he had not had even one complaint on G & S.
Chairman Hardman asked for a recommendation from the Police Chief on Thursday.
Commissioner Lynn stated that the Board was no longer micromanaging they were microlooking.
Mr. Dobson spoke regarding their meeting with the Tree City representatives. He stated that representatives from several different County departments had attended and that everyone had really benefited from the seminar. He stated that the Forest Commission had actually trimmed a tree at the meeting. He stated that the regular meeting and the Tree City meeting would be combined on June 13th. He also stated that the Federal Government had cut the SBA funds and that the County did not get the $20,000 to plant the trees along 341 but neither did anyone else.
Police Chief Items
Chief Alexander brought up the matter of a petition regarding parking on Oglethorpe Avenue. He stated that the people on the road want the whole road to be designated as a no parking area. Chief Alexander stated that he agreed with this. Chief Alexander stated that residents often cannot get in and out of their driveway. Chief Alexander also stated that these residents needed to realize that they would not be able to park along the right of way.
Commissioner Miller asked if parking could be specified at a certain time.
Chief Alexander stated that this would be defeating the purpose.
Commissioner Lynn felt that people should be able to park on the street near the beach.
Commissioner Gunn stated that she understood what Commissioner Lynn had said, beach parking for everyone. She also stated that there was so much parking a block over that it was really not necessary for people to park at these residences blocking them in. She stated that these people were just too lazy to walk.
Commissioner Lynn said it was so crowded there on the 4th of July and parking was needed.
Commissioner Gunn stated that it may be a possibility that the police not tow on the holiday.
Commissioner Tullos stated that some of the residents were willing to give us some space if they had to. He stated that from Ninth Street going back to Mr. Oliver's in the direction of the school was narrower. He stated that several of the houses did use the right-of-way for parking.
Commissioner Tullos stated that on Ninth Street the problem was that the road was too narrow for an emergency vehicle if someone had parked on one side.
Commissioner Gunn stated that the law was not being enforced with respect to towing.
Chief Alexander stated that the towing was being enforced with numerous complaints. He also stated that there weren't enough wreckers in the County to take care of the towing needs. Chief Alexander stated that he felt this area should be no parking.
Commissioner Strickland stated that the no parking would provide that residents can't park there either.
Chief Alexander stated that the residents would not be able to park on the right of way either because emergency vehicles cannot get through.
Chief Strickland asked if additional parking would be available when the County took over the Coast Guard Station.
Chief Alexander suggested that the Coast Guard area become a huge parking area.
Mr. Gilmour stated that he thought the Island had reached a point where permit parking should be considered in the beach area. He stated that residents would have a parking permit and those cars without the appropriate permit would be towed.
Commissioner Tullos asked that all or a portion of Oglethorpe be considered for closing in case a problem occurred.
Mr. Moore stated that the ordinance would be to close off Oglethorpe altogether for parking. He stated that it would have to be advertised to let people know they would be breaking the law by parking there.
Chief Alexander stated that residents had been given permits in the past for the 4th of July in order to provide parking for residents, while other cars without permits cannot park there.
Chief Alexander stated that it had been requested that the speed limit on Holly Street be changed to 15 miles per hour for the protection of a child with a hearing impediment.
Motion by Commissioner Gunn to reduce the speed on Holly Street to 15 miles per hour after advertising requirements have been met, to install a sign reading "Deaf Child at Play", second by Commissioner Lyde. Unanimous.
Chief Alexander that 341 is being widened with the hauling of dirt from Wayne to Glynn County. They had asked for police officers to provide security at the DOT's expense. The County does not allow the use of police cars for that purpose and he requested that this rule be waived in this case.
Motion by Commissioner Lynn to approve with a $5.00 charge per car, second by Commissioner Strickland. Unanimous.
Chief Alexander stated that G & S was not a private party thing to begin with. He stated that the matter of the brown bag ordinance would have to be researched for this club.
Commissioner Strickland asked if the problem with this club had been corrected.
Chief Alexander stated that if alcohol was brought in on the premises the brown bag ordinance would have to be complied with.
He stated that on May 25th, the fire safety house would be arriving. He also stated that the new firetruck had been delivered to the St. Simons station.
Mr. Flanagan stated that he would be meeting in Hinesville with Commissioner Shackelford and Craig Bragg to discuss the Union Camp Roadway and the joint Camden Glynn contract for improvement of the bridge.
Tad brought the fact that someone was trying to change the name of the Sidney Lanier Bridge. Mr. Flanagan stated that naming a bridge was always a problem. He stated that the DOT representative for Glynn County wanted to change the name of the bridge.
Mr. Enney brought up the fact that water pressure was low again on the Island.
Commissioner Gunn asked to be notified when a problem like this should happen on the Island.
Motion by Commissioner Lynn to go into Executive Session, second by Commissioner Strickland.