AGENDA and MINUTES

REGULAR MEETING, BOARD OF COMMISSIONERS

HELD AT THE HISTORIC COURTHOUSE

GLYNN COUNTY, GEORGIA

HELD THURSDAY, OCTOBER 19, 1995, AT 6:00 P.M.



PRESENT: Jack Hardman, Chairman

Milton Lynn, Vice Chairman

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

Cynthia J. McKinley, County Clerk



STAFF PRESENT: Ray Richard Chief Carl Johnson

Capt. Jack Hopper Dan Reuter

Chief Carl Alexander

Cynthia Williams



INVOCATION by Commissioner Lynn



PLEDGE OF ALLEGIANCE TO THE FLAG



GENERAL BUSINESS



Update on Union Camp Tract Development proposal.



Mr. Gilmour stated that at the last meeting the Board of Commissioners requested staff to get with Union Camp to determine what can or cannot be done with the major tract of land they own adjacent to I-95, between Exits 8 and 9. Mr. Gilmour distributed 3 handouts, a Site Location Map, an Outline of Issues, and a Cost Estimate Summary. Mr. Gilmour described in great detail the handouts, a copy of which are attached and made a part of these minutes.



One of the major issues was that Union Camp wanted to exchange the tract of land that was originally to be a new County Recreation site for another site adjacent to the proposed school site. Commissioner Miller suggested that the County work together with School Board to develop the recreation area, which could then be used jointly with the school and the County Recreation Department.



Cameron Bland said Mr. Gilmour had done an extremely good job in outlining the proposal. He stated, depending on the Board's action tonight, he would take this proposal back to Union Camp management, and as quickly as they can, they will come back and respond to this proposal.



Motion by Commissioner Strickland, seconded by Commissioner Lynn, to agree in concept. Motion passed 6/1, with Commissioner Lyde voting against.



COMMENDATIONS



Commendations to Firefighters responding to fire at 126 Baybridge Drive, Brunswick, on September 26, 1995, during which, at the risk of their own lives, they rescued a paraplegic trapped on the second floor. Chairman Hardman read the following Resolution of Commendation, recognizing Patrolman Craig Brown, Lt. Frances M. Fernandes, Firefighter Brian Howard, Firefighter Scott Dye, and Captain Raymond L. Marat:



RESOLUTION OF COMMENDATION



WHEREAS, Captain Raymond L. Marat, of the Glynn County Fire Department, on September 26, 1995, responded to a fire call at 126 Baybridge Drive, Glynn County Georgia, and



WHEREAS, Captain Marat rushed into a burning structure without immediate hoseline protection in an uncontrolled fire and in heavy smoke conditions and removed a victim to safety, and



WHEREAS, without his quick and accurate judgment, skill and training, this life would have been lost, and



WHEREAS, in performance of this heroic act his own life was greatly endangered.



NOW, THEREFORE BE IT, AND IT IS HEREBY RESOLVED by the Board of Commissioners, Glynn County, Georgia this 19th day of October, 1995, that we commend Captain Marat for acts above and beyond the call of duty.



BE IT FURTHER RESOLVED that an appropriate copy of the resolution be presented to Captain Marat in grateful appreciation for his courageous action.



BOARD OF COMMISSIONERS

GLYNN COUNTY, GEORGIA



Chief Johnson introduced the officers and said he also wanted to recognize Deputy Chief J. Greg Pickren, as he was the Chief in charge when the fire occurred.





Chief Johnson informed the Commissioners that the Fire Department has received a check in the amount of $8,562.51 for the handling of the recent tire fire on Highway 341.



PUBLIC HEARINGS - LAND USE



Abandonments



Magnolia Street



Application for Abandonment of a portion of Magnolia Street in Glynn Haven Estates Subdivision, St. Simons Island, Georgia.



Ray Richard outlined the proposed abandonment. Chairman Hardman asked if there was anyone present to speak in favor of the abandonment. There being none, he asked if anyone was opposed.



Mr. Mark Russlow stated his property backed up to the proposed abandonment and he wanted to know why the property was being considered for abandonment. He said he was already experiencing drainage problems from nearby construction and thinks this would only make it worse.



Commissioner Gunn asked Mr. Richard to read into the minutes a letter of objection she received this afternoon from Mr. & Mrs. Jim Johnston, a copy of which is attached, and try to answer the questions posed.



Mr. Richard stated that this was the first time he was being made aware of any drainage problems, but he would be glad to look into it. Commissioner Gunn asked what the abandoned property was going to be used for. Mr. Larry Bryson, the applicant, stated it would just be added to Lot 10. It was not going to be used for development.



Motion by Commissioner Miller, seconded by Commissioner Lyde, to approve abandonment. Unanimous.



Second Avenue



Application of Abandonment of a portion of Second Avenue, between Maple Street and Holly Street, Glynn Haven Estates Subdivision, St. Simons Island, Georgia.



Mr. Richard outlined the request for abandonment, and stated that staff does recommend approval, however, he had received a letter of objection which he would like to read into the minutes. The letter from Mr. Ronald D. Locke stated his objection to the abandonment was based on the fact that a community well was on the property and it was his only source of water. Copy of letter is attached and made a part of these minutes.



Mr. Richard said that until he received this letter, he was unaware of this well. Mr. Richard stated if this was the only objection to the abandonment, he would recommend abandonment subject to there being no interference with the operation and maintenance of the well.



Chairman Hardman asked if there was anyone present to speak in favor of the application. Ms. Helen Thomason, stated that one of the four applicants, the Hortons, had recently bought Lot 45 and they were the ones to initiated the application process. Ms. Thomason stated that none of the four applications whose property abuts the requested easement had any plans to develop the property. It would just stay as it is now.



Ms. Frances Capeace stated they have always used their portion of the easement as a driveway to their property.



Chairman Hardman asked if there was anyone opposed to the application. Mr. Ronald Locke stated he would like to know what they intend to do with the land. Ms. Thomason said they don't plan to do anything.



Motion by Commissioner Lynn to approve subject to restrictions, seconded by Commissioner Miller. Unanimous.



Oglethorpe Avenue



Application for Abandonment of a portion of Oglethorpe Avenue right of way adjacent to Lots 167 and 168, between Demere Road and 11th Avenue, St. Simons Island, Georgia.



Mr. Richard presented the application and stated that staff had no objection to the abandonment, as long as proper utility easements were obtained.



Chairman Hardman asked if there was anyone present to speak in favor of the application. Mr. Larry Evans, architect for the project, gave a detailed presentation of the proposed development. Chairman Hardman asked if there was anyone present to speak against the project. Mr. Bill Turbeville, Chairman of the Trustees of St. Simons United Methodist Church, stated he was here representing all 1,116 members of the church, a number of whom were present to show their support. Mr. Turbeville passed out a lengthy presentation, in which states the Church strongly opposes the abandonment. The presentation is attached hereto.



Chairman Hardman asked if there was anyone else present to speak against the application. Mr. Carroll Palmatary stated he was here representing himself and his wife, who owned property very close to the proposed development. Mr. Palmatary objected to any part of any roadway being abandoned.



Although the time to speak in favor of the abandonment had been closed, Chairman Hardman allowed Tom Lee, Attorney for Jim Robertson, the developer, and Mr. Robertson himself to speak for the abandonment.



Reverend James B. Jensen, Pastor of the Church stated he was strongly opposed. He said the Church uses this portion of Oglethorpe every Sunday evening for recreational purposes.



Commissioner Gunn stated that in 1992 when the Church was requesting an abandonment, their letter to the Commission at that time stated that the Church had already received an abandonment more than 20 years ago. Because of the Commission's generosity in abandoning property to the Church in the past, Commissioner Gunn said she doesn't see how they could so strongly object to abandoning 7 feet to someone else.



Motion by Commissioner Lynn, seconded by Commissioner Lyde, to approve abandonment subject to the exchange of property with surveys, and obtaining necessary utility easements. Motion passed 6-0-1, with Chairman Hardman abstaining.



Point of Privilege



Commissioner Gunn said we need to bring up for consideration the Second Avenue abandonment just passed.



Motion by Commissioner Gunn, seconded by Commissioner Lyde, to reconsider the application and having the effect to vacate that abandonment decision and to reset Public Hearings on same.



Ms. Helen Thomason stated that after the abandonment was approved, Mr. Roger Pacheco, one of the applicants, said that with this additional 20 feet, he could now build another rental home. Ms. Thomason said that they had absolutely idea of this and feels they have been misled.



Attorney Gary Moore said that if the motion passed, that means the abandonment has been vacated, or no action had taken place, so the abandonment would have to be re-advertised and reheard.



Commissioner Lynn asked who was going to pay for the advertisement. Chairman Hardman said if Commissioner Gunn would amend her motion to include that the applicants would pay for the re-advertising, he could support the motion.



Motion by Commissioner Gunn, seconded by Commissioner Lyde, to reconsider the application and having the effect to vacate that abandonment decision and to reset Public Hearings on same, with applicants paying the cost to re-advertise. Motion passed 6/1, with Commissioner Strickland abstaining.



PUBLIC HEARINGS



Consider issuance of 1995 Alcoholic Beverage License for Oak Grove Island Golf Club, 100 Clipper Bay, Brunswick, Georgia. LICENSE FOR CONSUMPTION ON PREMISES OF BEER ONLY. SUNDAY SALES PROHIBITED.



Motion by Commissioner Miller, seconded by Commissioner Tullos, to approve. Motion passed 5/1, with Commissioner Lynn being opposed and Commissioner Gunn being out of the room.



Consider issuance of 1995 Alcoholic Beverage License for Applebee's Neighborhood Grill & Bar, 177 Altama Connector, Brunswick, Georgia. CONSUMPTION ON PREMISES OF LIQUOR, BEER, AND WINE. SUNDAY SALES PERMITTED.



Motion by Commissioner Miller, seconded by Commissioner Tullos, to approve. Motion passed 5/1, with Commissioner Lynn being opposed and Commissioner Gunn being out of the room.



Consider issuance of 1995 Alcoholic Beverage License for Pilot Travel Center, 2766 US Highway 17 South, Brunswick, Georgia. LICENSE FOR PACKAGE SALES OF BEER ONLY. SUNDAY SALES PROHIBITED.



Motion by Commissioner Miller, seconded by Commissioner Tullos, to approve, conditional upon having first received a Certificate of Occupancy. Motion passed 5/1. Commissioner Lynn opposed. Commissioner Gunn out of room.



Consider issuance of 1995 Alcoholic Beverage License for Racetrack Station #250, I-95 & US Highway 341, Brunswick, Georgia. PACKAGE SALES OF BEER AND WINE. SUNDAY SALES PROHIBITED.



Motion by Commissioner Miller, seconded by Commissioner Tullos, to approve. Motion passed 6/1. Commissioner Lynn opposed.



DELEGATIONS



Aquamuseum



John McEvoy to discuss Aquamuseum. Mr. McEvoy could not be present, so he sent individual letters to each Commissioner and Mr. Taylor Schettle was present to outline their latest proposal.



Attorney Gary Moore said that there appeared to be some difference of opinion of the amount of acreage they were requesting. Mr. Moore thinks the next step is for them to make a concrete presentation, stating the amount of acreage and where it would be located, etc. He also said any lease the County might sign would be subject to the approval of the U.S. Government because they have some reservations on that property.



Motion by Commissioner Gunn, seconded by Commissioner Miller, to refer the matter to staff and let staff come back with a written proposal and recommendations. Unanimous.



Airport Road Signage



Earl Buckner to discuss signage near intersection of Demere Road for merchants. Mr. Buckner stated he was representing the merchants on Airport Road, on St. Simons Island. They are requesting permission to put signs at both entrances of Airport Road, stating the business that were on the road.



Motion by Commissioner Lynn, seconded by Commissioner Strickland, to approve. Unanimous.



APPOINTMENTS



Reappointment of Dan Coty to Coastal Georgia Regional Development Center Board of Directors.



Motion by Commissioner Lyde, seconded by Commissioner Lynn, to approve. Unanimous.



COMMISSIONER URGENT AND EMERGENCY ITEMS



Commissioner Miller



Commissioner Miller said he read an article in the Georgia Times Union where the Georgia DNR was getting ready to hold some public meetings, and he would like to make a motion that we write them a letter to request they hold some of the meetings in Glynn County.



Motion by Commissioner Miller, seconded by Commissioner Lynn to write letter. Unanimous.



Commissioner Gunn



Commissioner Gunn said she had talked to one of the Tax Assessors and they wanted to know if the County is going to provide them with an attorney.



Gary Moore said that was certainly a decision for the Board of Commissioners to make, however, he would not be able to defend them because of the conflict of interest.



Motion by Commissioner Miller, seconded by Commissioner Lyde, to provide them with an attorney with funds coming out of the Insurance Fund. Motion passed 6/1, with Commissioner Tullos being opposed.



Chairman Hardman



Chairman Hardman stated he would like to read into the minutes a letter he received from Leland Moore of the Tax Assessor's office. Mr. Hardman said he sincerely appreciates the letter and feels it shows nothing but good intent.



CHIEF OF POLICE ITEMS



Chief Alexander said he had a request from Rich SeaPak to close a portion of Airport Road in front of their facility on November 17th, from 3:30 pm to 10:30 to have a Health Fair.



Motion by Commissioner Miller, seconded by Commissioner Miller, to approve. Unanimous



ADMINISTRATOR ITEMS



Casino and Selden Park Public Hearings



Mr. Gilmour stated that the dates were being advertised for the public hearings on serving alcoholic beverages at the Casino and Selden Park. Mr. Gilmour suggested that the hearings be conducted and coordinated by the Administrator, with reports coming back to the Commissioners for further direction. The dates being advertised are October 30th, at 7:30 pm at the Casino and November 7th, at 7:30 pm at Selden Park.



Motion by Commissioner Lynn, seconded by Commissioner Strickland, to have staff hold hearing and report back to the Commission. Motion passed 6/1, with Commissioner Tullos voting against.



Technical Review Committee



Mr. Gilmour stated that the last time they discussed the Technical Review Committee for Solid Waste Proposals, which are due in November, a member of the Board agreed with the Administrative recommendation to have a representative from Camden County. Due to the response from the users and information received from Camden County of a technical nature, Administration now recommends that we back off and keep it within Glynn County.



Motion by Commissioner Miller to approve, seconded by Commissioner Strickland. Unanimous.



Old Jesup Road Drainage Project



Mr. Gilmour said that the Board will remember that they recently approved funds for the Old Jesup Road drainage project. The specs are now ready and they need authorization to go to bid.



Motion by Commissioner Tullos, seconded by Commissioner Strickland, to go to bid. Unanimous.



Public Defender's Office



Mr. Gilmour stated that a recent meeting Mr. Flanagan spoke about finding another location for the Public Defender's Office. Another location has been found for less money. The location is 1614 Reynolds Street and is owned by Ed Boshears. The Public Defender's Office has viewed the location, and subject to the County Attorney's review, would like permission to enter into a year's lease, with maybe a couple month's extension.



Motion by Commissioner Miller to approve, seconded by Commissioner Tullos. Unanimous.



Cemetery Clean-up



Mr. Gilmour said he had received a request from the City of Brunswick for assistance with the cemetery clean up. If he remembers correctly, when we agreed to help last year, it was a one time only deal. It was the consensus of the Commissioners and the Administrator that it was for one time, and if they wanted any assistance in the future they needed to give us ample notification.



Job Training Partnership Act



Mr. Gilmour said his next item was a request from the RDC for the Board to authorize the Chairman to sign a letter of support for the JTPA.



Motion by Commissioner Tullos to approve, seconded by Commissioner Lyde. Unanimous.



Regional Development Center



Mr. Gilmour stated the Commissioners had talked about the importance of keeping the RDC Office in Brunswick. There was also talk about combining the RDC here with the one in Waycross and eliminating the Brunswick Office. We have received a notification, along with a map, from the Community Development Board in Atlanta, stating the proposed changes and cut off time for responses to this proposal. The proposal shows even greater reduction in the number of RDC offices across the state. It also shows Glynn County back with the coastal counties. There is no guarantee that the office will remain in Brunswick.



The entire Board of Commissioners agreed that we need to push as hard as possible to keep the Brunswick office open.



Motion by Commissioner Miller, seconded by Commissioner Tullos, authorizing the Administrator to write a letter to RDC stressing the Board's desire to keep the Brunswick office. Unanimous.



Amendment to Auction List



Mr. Gilmour distributed a modified list of some the items auctioned off, and recommended the Commission adopt the list as a modification to the one already approved by the Board.



Motion by Commissioner Lyde to adopt, seconded by Commissioner Lynn. Unanimous.



Request to Use County Property



The County has received a request to use some of its property for the filming of a made for TV movie entitled "A Season in Purgatory". They are requesting to close off the St. Simons Pier and a small parking area in the Village for a 24 hour period, on Thursday, November 2, 1995. Mr. Gilmour recommended that the Board approve this request, with the movie company having to pay a $500 fee and any out of the pocket public safety or public works items that are required.



Motion by Commissioner Miller to approve, seconded by Commissioner Gunn. Motion passed 6-0-1, with Commissioner Strickland abstaining.



RDC Task Force



Mr. Gilmour stated we have received a request from the Coastal Georgia RDC to add members to a Task Force they are putting together to deal with the proposed amendments and feed back on the Statewide Comprehensive Plan. They are requesting a member from the Board of Commissioners, a member from County Staff, and a member from the Planning Commission. Mr. Reuter has volunteered to be the staff member and the Planning Commission as been contacted. Mr. Gilmour asked if any of the Commissioners want to be a part of the Task Force. Commissioner Gunn suggested that Mr. Reuter tape the meeting and bring it back to all of them. Mr. Reuter agreed to do so.



Chairman Hardman recognized Mr. Gene Leggett from the Tax Assessor's Office, who thanked the Commission for providing defence for the Assessor's Office.



Adjournment to Executive Session



Motion by Commissioner Lynn to adjourn to Executive Session, seconded by Commissioner Strickland. Unanimous.



Regular Session



Back in Regular Session to take action on Employee Penal Hearings conducted by Dave Bandy, in accordance with the Personnel Policy.



David Dowdy



Mr. Dowdy, employed by the County Police Department was charged with misconduct and abuse of position. Action by Chief Alexander was a suspension, without pay, for 5 shifts and a demotion from Lieutenant to Sergeant, effective September 13, 1995. Hearing Officer's recommendation is to uphold the disciplinary action of Chief Alexander.



Motion by Commissioner Miller to uphold the disciplinary action, seconded by Commissioner Tullos. Motion passed 6-0-1, with Chairman Hardman abstaining.



Sherry Day Middleton



Ms. Middleton, employed by the County Police Department was charged with failure to obtain leave approval. Action by Chief Alexander was a 4 shift suspension without pay, effective September 14, 1995. Hearing Officer's recommendation is to reduce the adverse action in some measure, and provide a similar adverse action for her Supervisor for not communicating as well as he might have in this situation.



Motion by Commissioner Miller to uphold the disciplinary action taken by Chief Alexander, seconded by Commissioner Lynn. Motion passed 6-0-1, with Commissioner Tullos abstaining.



Billy D. Williams



Mr. Williams, employed the by Solid Waste Services Division of Public Works was charged with repeated improper documentation of payroll time sheets as to time and dates worked, and failure to follow instructions as per the procedure for keeping accurate work documents reflecting actual time worked on specific appointments and assignments by the Division Manager. Action taken by Public Works Director was dismissal. Hearing Officer's recommendation is to uphold action taken.



Motion by Commissioner Miller to uphold, seconded by Commissioner Tullos. Motion passed 4-1-2, with Commissioner Lyde voting against, and Commissioners Strickland and Hardman abstaining.



Adjournment



Motion by Commissioner Miller to adjourn, seconded by Commissioner Tullos. Unanimous.