REGULAR MEETING, BOARD OF COMMISSIONERS, GLYNN

        COUNTY GEORGIA, HELD THURSDAY, MARCH 17, 1994,

        AT 6:00 P.M.

 

 

    PRESENT:               Chairman J. E. Miller

Vice Chair Virginia Gunn

Commissioner Robert H. Boyne

Commissioner Gladys‑Martin Lyde

Commissioner Jack Hardman

Commissioner Milton Lynn

Commissioner W. Harold Pate

 

ALSO PRESENT:       Administrator Lee Gilmour

County Attorney Gary Moore

 

 

Opening Ceremony

 

Chairman Miller opened the meeting by calling on Carol Summerour to introduce Reverend James E. Woods of Southside Baptist Church for the invocation which was followed by the pledge of allegiance to the flag.

 

Minutes Approved

 

Regular Meeting, Held March 3, l994

 

A motion was made by Commissioner Lynn and seconded by Commissioner Hardman to approve minutes of the regular meeting held March 3, l994 subject to any corrections that might be needed.

 

A substitute motion to the motion on the floor was offered by Commissioner Gunn and seconded by Commissioner Lyde to defer approval of the minutes of the regular meeting held March 3, l994 pending further review.

 

Unanimously adopted.

 

Called Meeting, Held March 8, l994

 

A motion was made by Commissioner Gunn and seconded by Commissioner Lynn to defer approval of the minutes of the called meeting held March 8, l994 pending further review.

 

Unanimously adopted.CITIZEN COMMITTEE REPORTS

 

Planning and Zoning Commission

 

Chairman Wayne Stewart of the Planning and Zoning Commission reported that the first single‑family dwelling residence to be constructed on St. Simons Island under the Village Preservation Plan came before the Planning Commission last night and was approved.  Mr. Stewart added that the owners were asked if they felt the Preservation Plan had any undue restrictions, and they said it did not.

 

At this point, Commissioner Hardman requested that, provided Mr. Stewart was finished, some citizens be allowed to speak their views on the Hotel/Motel Tax issue.  Chairman Miller responded that it would be discussed when it comes up on the agenda later in the meeting.

 

Commissioner Gunn requested that the process to place her as a voting member on the Planning and Zoning Commission be suspended.  She said her plate is entirely too full as it is now, and she feels she has a good working relationship with Wayne Stewart and believes that if she needs anything in the future she would merely put it in writing and they would look into it.

 

Chairman Miller announced that he learned at this morning's meeting of the Water and Sewer Commission that they have a policy that prohibits a Commissioner being a member of their Commission and the Planning and Zoning Commission simultaneously.  Therefore, Commissioner Gunn is not an eligible candidate for the Planning Commission.  Commissioner Gunn said that she was not at that meeting this morning and did not have that information.

 

Commissioner Lyde asked about another Commissioner serving on the Planning Commission.  Commissioner Gunn replied that the idea of putting her on the Planning Commission came after her proposed Architectural Review Board failed.  She added that Chairman Miller suggested that she be placed on the Planning and Zoning Commission because she has such a strong interest in what is going on right now.  Commissioner Gunn said it is her personal opinion that a Commissioner does not need to be on the Planning Commission.

 

Chairman Miller closed by saying that he enjoyed being at the Planning Commission's hearing last night and hopes this example of communication and cooperation will continue in Glynn County.

 

ZONING AND LAND USE

 

SUP‑2‑94;       Application of Shirley J. Ralston, Owner; Marilyn Briggs, Agent


Pursuant to advertisement, public hearing was held on subject application for a Special Use Permit for the location of a candy store/expresso shop in the General Commercial Core Zoning District, St. Simons Village Area; proposed establishment located at 3l5 Mallory Street, St. Simons Island, to be known as Sugarbabies Coffee and Gourmet Chocolates (former site of Shirley's Island Shoppe).

 

Larry Taylor, Acting Director of the Department of Community Development, presented recommendation from both the Planning Commission and staff for approval of this application subject to two (2) conditions:

 

l.          that the applicant be limited to sixteen (l6) chairs in  seating for the public; and,

 

2.         that the applicant be limited to not having any cooking facilities in the shoppe.

 

The applicant has agreed to the conditions.

 

The Chairman asked to hear from those in favor and those opposed.  There being no opposition, a motion approving this application subject to the conditions set out above was made by Commissioner Gunn and seconded by Commissioner Lynn.

 

Unanimously adopted.

 

SUP‑3‑94;                   Ernest D. and Sylvia Carter

 

Pursuant to advertisement, public hearing was held on application for a Hardship Permit for the location of a mobile home in an R‑9 One Family Residential Zoning District on the following described property:

 

A 0.7083 acre tract located off Carter Drive via a 25‑foot private access easement, 578.39 ft. west of Altama Avenue.

 

Larry Taylor, Acting Director of the Department of Community Development, presented recommendation from both the Planning Commission and staff for approval of this application for a period of two (2) years as per County Ordinance, and after that they must apply for an extension if the handship still exists.  The Chairman asked to hear from those in favor and those opposed.  There being no opposition, a moton for approval was made by Commissioner Lynn and seconded by Commissioner Gunn.

 

Unanimously adopted.

 

GC‑l7‑9l;         Rezoning Application of Ernest D. & Sylvia Carter

 

Pursuant to advertisement, public hearing was held on application of Ernest D. and Sylvia Carter to rezone from R‑l2 One Family Residential to M‑20 One Family Residential Manufactured Home, the following described property:

 

A 0.5697 acre tract located on the north side of Carter Drive, 578.39 feet west of Altama Avenue.

 

Larry Taylor, Acting Director of the Department of Community Development, presented recommendation from both the Planning Commission and staff for approval of this application.

 

The Chairman asked to hear from those in favor and those opposed.  There being no opposition, a motion for approval was made by Commissioner lynn and seconded by Commissioner Lyde.

 

Unanimously adopted.

 

House Move Request; Jennie Rhodes

 

Building Official Vernon Lewis stated that the requested move meets all the requirements of the County Ordinance and has been signed off by all the utility companies.  Mr. Lewis added that the move has not been completed due to a technicality in that the Glynn County Ordinance also requires that a house move in excess of l6' wide must be approved by the Board of Commissioners.  The subject house is 28' wide, and previous Commission approval had not been obtained.  Mr. Lewis said that Ms. Rhodes was seeking approval after the fact, and that the house was at the new site but still up on dollies.

 

A motion was made by Commissioner Lyde and seconded by Commissioner Lynn to approve the request.

 

Unanimously adopted.

 

LIQUOR LICENSE APPLICATIONS

 

El Potro Restaurant

 

Pursuant to advertisement, public hearing was held on application of Celia Lamb for a l994 license to service liquor, beer and wine on premises with Sunday sales at El Potro Restaurant to be located at lll Tourist Drive, Brunswick, GA.

 

Police Chief Carl Alexander presented staff recommendation for approval of this request based on compliance with all the requirements of the Liquor License Ordinance.

 

The Chairman asked to hear from those in favor and those opposed.  There being no opposition, a motion for approval was made by Commissioner Hardman and seconded by Commissioner Lyde.


Motion adopted by majority vote of 6‑0‑l (abstention by Commissioner Lynn).

 

Sunset Cafe

 

Pursuant to advertisement, public hearing was held on application of Malcolm Golden for a l994 license to serve liquor, beer and wine on premises with Sunday sales at Sunset Cafe located at 303 Mallory Street, St. Simons Island.

 

Police Chief Carl Alexander reported that this is a licensed location and is a request for transfer of the license.  He stated that the applicant has met all the requirements of the Liquor License Ordinance, and staff recommends approval.

 

The Chairman asked to hear from those in favor and those opposed.  There being no opposition, a motion for approval was made by Commissioner Gunn and seconded by Commissioner Hardman.  Motion adopted by majority vote of 6‑0‑l (abstention by Commissioner Lynn).

 

DELEGATIONS

 

Harold Johnson

 

Mr. Harold Johnson made a presentation and requested that the Board of Commissionrs meet with the Board of Education for the purpose of authorizing the payment of Educational Assistance Vouchers.

 

County Attorney Gary Moore stated that he felt a meeting with the Board of Education would be in order to get a report on whether or not they have received any applications for grants and if any regulations have been issued by the State Board of Education, and also if there is a list of approved schools.

 

A motion was made by Commissioner Boyne and seconded by Commissioner Pate to request a joint meeting of the Glynn County Board of Commissioners and the Glynn County Board of Education for the purposes stated above by the County Attorney.

 

Unanimously adopted.

 

Ray Worthington

 

Mr. Ray Worthington requested to replace an existing directional sign at Frederica Academy.

 

Larry Taylor, Acting Director of the Community Development Department, stated that staff recommends approval of the request as long as they stay within 24 sq. ft. in size since there is nothing in the County Ordinance that states it can or cannot be done.

 

A motion to approve this Special Use Permit was made by Commissioner Gunn and seconded by Commissioner Lynn.

 

Unanimously adopted.

 

Chairman Miller requested that the County Attorney look into amending the Ordinance to cover issues of this type in the future.

 

Waver Chapman

 

Mr. Waver Chapman presented a request on behalf of himself and his neighbors that the County improve the standard of Bell Cut‑Off Road in order to handle commercial traffic that will be traveling on it.

 

Larry Taylor, Acting Director of the Community Development Department, reported that at the time the Planning Commission approved the rezoning of Highway 82 in l985, they recommended that Bell Cut‑Off Road not be used for commercial traffic; however, when the rezoning was voted upon by the Commission at that time it was approved with no conditions.

 

Public Works Director Keith Flanagan stated that he felt the road could be satisfactorily improved for about $4,000, and he could not recommend having commercial traffic on Bell Cut‑Off Road unless it is improved.

 

A motion was made by Commissioner Boyne that if the amount to improve Bell Cut‑Off Road is $4,000 that it be taken from the Discretionary Fund to upgrade the road with the developer being held responsible for the buffer.

 

Motion died for lack of second.

 

A second motion was made by Commissioner Boyne and seconded by Commissioner Lynn to authorize Public Works Director to get with all parties concerned as soon as possible and see if they can work out a reasonable compromise along with the County Engineer so that they can come back to this Commission with a proposal for taking care of Bell Cut‑Off Road sufficiently and adequately to handle the load.

 

Motion unanimously adopted.

 

ORDINANCES & RESOLUTIONS

 

Report from Personnel Committee

 


a)         Change the title of Deputy Clerk to County Clerk in recognition of her duties and resposiblities.

 

A motion was made by Commissioner Boyne and seconded Commissioner Pate to defer this for further discussion by the Personnel Committee.  An amendment to that motion was offered by Commissioner Gunn requesting that the item be deferred to discussion in Executive Session.  Commissioner Boyne did not accept the amendment.

 

A vote was taken on Commissioner Boyne's original motion which was seconded by Commissioner Pate to defer for further discussion by the Personnel Committee.

 

Motion adopted by majority vote of 5 aye, Commissioner Gunn Nay, and Commissioner Lynn absent.

 

b)         Increase pay of the County Clerk by 5% effective the next pay period following approval of the Board.

 

A motion was made by Commissioner Boyne and seconded by Commissioner Pate to defer for further discussion by the Personnel Committee.

 

The motion was adopted by majority vote of 5 aye, Commissioner Gunn nay, and Commissioner Lynn absent.

 

c)         Increase by 5% the pay of the employees working at the Landfill who obtain Georgia State Certification as a Landfill operator effective the next pay period following approval of the Board.

 

This came in the form of a motion by Commissioner Boyne and was seconded by Commissioner Lyde.

 

County Administrator Lee Gilmour offered an amendment to the motion that this would include all positons except the Landfill Manager who recently received a rate of pay change and also it is a requirement of that classifaction to be state certified.

 

Commissioner Boyne accepted the amendment to his motion and Commissioner Lyde also accepted the amendment as seconder.

 

Unanimously adopted.

 

d)         Refer to the Finance Committee a request for a Pension Plan study to determine the cost of offering all County employees retirement as age 55 and 30 years of service with full benefits.

 

This came in the form of a motion by Commissioner Boyne and seconded by Commissioner Hardman.

 

Chairman Miller asked if this means that all employees will be able to go out at 55 and 30, and will it by mandatory or by choice of the employee or the County.  Police Chief Carl Alexander replied that to his knowledge it is not mandatory for police officers.  County Attorney Gary Moore stated that it is not mandatory, it is based on the discretion of the employee as it has to be and it's up to the County whether or not to make it discretionary.

 

A vote was taken on the motion and unanimously adopted with Commissioner Gunn absent.

 

e)         Appoint a sub‑committee of citizens and designated staff to evaluate alernate Pension Plan designs and make recommendations in this regard to the Board allowing for current employees to be grandfathered under the existing Pension Plan.

 

This came in the form of a motion by Commissioner Boyne and was seconded by Commissioner Lyde.

 

A vote was taken on the motion and unanimously adopted with Commissioner Gunn absent.

 

f)          Authorize Rereation Director to hire two more Day Camp Counselors, two more Recreation Leaders and another Cashier Clerk without increasing the budget, and eliminate a currently vacant temporary crew worker position.

 

This came in the form of a motion by Commissioner Boyne and was seconded by Commissioner Lyde.  A vote was taken on the motion and unanimously adopted with Commissioner Gunn absent.

 

g)         Approve transfer of the position and budget for Personnel Technician‑Payroll from Personnel to Finance with an appropriate title change.

 

This came in the form of a motion by Commissioner Boyne and seconded by Commissioner Lyde.

 

A vote was taken on the motion and unaimously adopted with Commissioner Gunn absent.

 

h)         Authorize County Attorney to look into a pay issue relative to the requirements under FLSA to compensate employees who voluntarily serve on the Pension Administration Committee and attend meetings both during and after their regular work schedule.              This came in the form of a motion by Commissioner Boyne and seconded by Commissioner Lyde.  Commissioner Boyne said he would like to open the floor for discussion on this issue.

 

Commissioner Lyde said there is a question regarding not paying an employee when he is asked to volunteer to serve on a committe, and was this penalizing the employee for volunteering to serve.

 

County Attorney Gary Moore agreed that this is a question that needs to be answered and said that he would report back to the Commission on it.


Commissioner Hardman stated that he does not have a problem paying employees who volunteer to serve on a committee as long as its on County time, but he opposed to getting into an overtime scenario.

 

Commissioner Lyde reported that the question of overtime came up when and employee attended a meeting on his off time.  County Attorney Gary Moore stated that the question is, does the County have to pay the employee anyway or is that a decision to be made by the Board.  He said he will find out whether or not the County is obligated to pay the employee, and if that's not the case then the issue before the Board would be if they want to pay even though there is not obligation.

 

Chairman Miller asked about the issue of members of the Recreation Staff working after hours officiating or keeping score and not being paid time and a half for their time.  County Attorney Gary Moore stated that this issue needs to be addressed independently because all issues of this type are very complicated.  Chairman Miller asked that the County Attorney look into the Recreation issue and provide an answer prior to April 16 when ball season opens.

 

Commissioner Boyne amended his motion to ask the County Attorney to research the issue of compensating employees for volunteer work for the entire County rather than just those who served on Committies.

 

County Attorney Gary Moore replied that to do an audit of the entire County would be a large task.  County Administrator Lee Gilmour agreed and said he felt they shoudl be handled individualy and that the Board should stick with the original intent of this motion.

 

Dave Bandy reported that the Pension Plan document specifically states that an employee will not serve on the Pension Administration Committee with additional compensation and overtime is additional compensation.  He added that this question needs to be resoved to see if the Pension Plan document needs to be amended.

 

There was further discussion regarding comp‑time at overtime rates and this issue as it pertains to agencies that operate on a 24 hour, 7 days  a week schedule.

 

Commissioner Boyne asked if it is permissable to return to his original motion for a vote.  County Attorney said that it was.

 

A vote was taken on the motion and unanimously adopted.

 

i)          Authorize adjustment in pay for employees who are promoted by 5% or to the minimum of the grade step of the new position and adjust review date accordingly.

 

This came in the form of a motion by Commissioner Boyne and was seconded by Commissioner Lyde.

 

In the discussion that followed it was determined that in some cases there are exceptions to this rule; i.e., a promotion of several steps could yield an increase of substantially more than 5% based on what that new job pays.  Personnel Director Dave Bandy reported that there have been cases where an employee was promoted and the 5% increase left the employee at a rate below what the minimum pay was for the new job.

 

County Administrator Lee Gilmour stated that any time salary is increased more than 5% the issue would have to go before the Personnel & Finance Committees and then come from them as a recommendation to the Board, and the Board then would collectively approve each on an individual bases.

 

County Attorney Gary Moore recommended that the original motion be amended to state that any variation of the 5% standard would be reviewed by the Personnel and Finance Committees.

 

The amendment was accepted by both Commissioner Boyne and seconder Commissioner Lyde.  A vote was taken on the motion an unanimously adopted.

 

Personnel Director Dave Bandy asked for clarification as to this including any increases of over 5% and/or a change in review date, and Chairman Miller replied that all variations to the standard need to be worked out in the Personnel and Finance Committees.

 

GENERAL BUSINESS

 

Royal Oaks Subdivision

 

County Attorney Gary Moore reported that there was a change in the plans to the sewer lines which has been accepted by the Water & Sewer Commission.  He added that the final plat before the Commission now has been approved by the Planning & Zoning Commission based on all paperwork being in order. The County Attorney stated that the paperwork is a Letter of Credit which he will approve.

 

A motion was made by Commissioner Lynn and seconded by Commissioner Hardman to approve the final plat for the Royal Oaks Subdivision.

 

Joe Jaudon, Chairman of the Water & Sewer Commission reported that the Water & Sewer Commission recommends approval of the final plat based on the following two (2) conditions:

 

1)         That the Letter of Credit be approved by the County Attorney; and,

 


2)         That there be no release of the $330,447.59 until all improvements are certified in writing to the County Engineer by the Water & Sewer Commission.

 

A vote was taken on the motion and unanimously adopted.

 

Breckenridge Subdivision

 

Following a request from the developer to defer for two (2) weeks until acquiring bond established by the County Engineer from the Bank, a motion was made in this regard by Commissioner Boyne and seconded by Commissioner Pate.  No vote was taken on this motion.

 

Commissioner Hardman suggested that the final plat be approved subject to approval of the Bank Bond and Letter of Credit by the County Attorney.

 

A motion was made by Commissioner Boyne and seconded by Commissioner Pate to approve the final plat subject to approval by the Planning & Zoning Acting Director and the County Attorney's approval of the Letter of Credit.

 

A vote was taken on this motion and unanimously adopted.

 

Hamilton Landing, Phase II

 

Larry Taylor, Acting Director of the Community Development Department, stated that the developer has completed several deficiencies outlined by the County Engineer, and staff now recommends approval.

 

Commissioner Gunn asked why the insert staff provided states that the improvements were completed 100%.

 

Mr. Taylor replied that at the time the insert was prepared the improvements were completed 100%, but the County Engineer did his inspection a few days ago and found a few minor deficiencies that have now all been corrected.

 

A motion was made by Commissioner Pate and seconded by Commissioner Hardman to approve this final plat.

 

A vote was taken on the motion and unanimously adopted.

 

Hamilton Landing, Phase III

 

Larry Taylor, Acting Director of the Community Development Department, presented a recommendation from staff to approve based on approval from the County Engineer and the Water & Sewer Commission.

 

A  motion for approval was made by Commissioner Pate and seconded by Commissioner Boyne.

 

A vote was taken on this motion and unanimously adopted.

 

Gulf of Mexico Workshop

 

Jennifer Detloff, Planner with the Planning & Zoning Department, reported on her recent attendance at the Gulf of Mexico Workshop on contaminated sediment.  She read aloud the Executive Summary from that workshop.  She reported that any member of the public who would like to obtain a copy of this report may do so in Room 214 of the Office Park Building.

 

Replacement of Bridge Culvert‑Old Jesup Road over Burnett Creek

 

Public Works Director Keith Flanagan reported that the County is responsible for this bridge.  He added that he has had it inspected by the Department of Transportation, and they recommend replacement.

 

A motion was made by Commissioner Boyne and seconded by Commissioner Lynn to authorize the Public Works Director to pursue a contract with the DOT in this regard and bring it back to the Chairman for execution.

 

A vote was taken on this motion and unanimously adopted.

 

Interim Financial Report ‑ Seven‑month Period ending February 28, 1994

 

County Administrator Lee Gilmour reported to the Commission that the subject report is available and will be provided to the Commissioners in their boxes in the Commission Office.

 

Chairman Miller added that any member of the public who desires a copy of this report may pick one up on Room ll0 of the Office Park Building.

 

Wildflower/Butterfly Garden

 

This was Commissioner Gunn's item requesting that the Commission allow Sea Island to develop a wildflower/butterfly garden in front of Tabby House at the Demere/Frederica Intersection.

 

A motion for approval was made by Commissioner Gunn and seconded by Commissioner Boyne.

 

A vote was taken on this motion and unanimously adopted.


Commissioner Gunn requested that in the future all her items be so noted on the Agenda.

 

Taxation of Leasehold Property on Jekyll Island

 

County Attorney Gary Moore opened by explaining that Jekyll Island is owned by the state, leased to the Jekyll Island Authority, and subleased to various businesses around the Island.  Mr. Moore said he was asked by the Board to find out whether or not these leasehold properties on Jekyll Island were taxable.  Referencing the 1970 case of Fergerson vs Leggett, Mr. Moore reported that the leasehold properties on Jekyll Island are subject to taxation.

 

Jekyll island resident Joe Ianacelli asked whether or not it made a difference if the lease was short term, and Mr. Moore replied as long as there is a lease in effect they are subject to taxation.

 

Mr. Ianacelli then asked the Board to consider some tax relief for Jekyll Island residents for police protection that is not provided by Glynn County. He compared it to the situation on Sea Island where there is additional taxation for Police protection, and said it would make sense to reduce Jekyll Island's taxes because there is no police protection provided by Glynn County.

 

A motion was made by Commissioner Boyne and seconded by Commissioner Hardman to have staff develop information regarding some tax relief for residents of Jekyll Island on police protection provided by the State of Georgia and not the County of Glynn, and to take that information to the Finance Committee for a recommendation to this Board.

 

A vote was taken on this motion and unanimously adopted.

 

Mr. Ianacelli said he is aware of a called meeting tomorrow with the Jekyll Island Authority to discuss the possibility of Glynn County assuming the responsibility of providing services to Jekyll Island now provided by the Authority.  He offered the assistance of some of the Jekyll Island residents who have had experience in dealing with the Authority.  Chairman Miller said the meeting will begin in open session and it may or may not go into Executive Session, so everyone is invited to attend.

 

A motion was made by Commissioner Boyne to allow two representatives of the Jekyll Island Homeowners to be present if the meeting goes into Executive Session.

 

County Attorney Gary Moore stated that this motion seems to be premature since Executive Session is not definite.

 

No second and no vote taken on Commissioner Boyne's motion.

 

Hornet Drive Drainage Improvement Project

 

Authorize Public Works staff to clear a lot off Hornet Drive for the purpose of using it for a staging area for the Hornet Drive Drainage Improvement Project.  County Engineer Ray Richard informed the Commission that this is to facilitate the drainage project.

 

A motion for approval was made by Commissioner Hardman and seconded by Commissioner Lynn.

 

Unanimously adopted.

 

Proposed Mission Statement for Blue Ribbon Committee charged with making recommendation on SPLOST renewal.

 

The proposed mission statement was read by County Administrator Lee Gilmour as follows:

 

It is the mission of the Special Purpose Local Option Sales Tax Recommendation Committee to present to the Board of Commissioners after appropriate input from the public a list of authorized capitol improvement projects alternatives for the Board to consider placing on the Special Purpose Local Option Sales Tax renewal for public approval.

 

A motion for approval was made by Commissioner Boyne and seconded by Commissioner Pate.

 

Unanimously adopted.

 

APPOINTMENTS

 

Hospital Authority

 

Commission to select two additional nominees for the Joint City/County position on the Hospital Authority.

 

Commissioner Lyde opened the discussion by raising a question regarding Senate Bill 782.  She said that in Section Two she did not interpret this law to say that the Commission is to make nominations from which the Hospital Authority is to select a member.  Chairman Miller asked the County Attorney for his opinion.  County Attorney Gary Moore stated that he was unsure of the correct interpretation of the law and requested that the Board defer action on this until the next meeting at which time he would be in a position to make a report.

 

A motion to defer was made by Commissioner Pate and seconded by Commissioner Boyne.

 

Unanimously adopted.

 

 


Water and Sewer Commission

 

Four appointments to the Water and Sewer Commission; Districts 1, 2, 4, and 5.  Due to a question regarding whether or not the appointments must reside in the same district as the Commissioner who appoints them, this item was deferred to later in the meeting and in the meantime the County Attorney will check the Ordinance.

 

 

Blue Ribbon SPLOST Recommendation Committee

 

Two appointments by each commissioner to Blue Ribbon Committee charged with making recommendation on SPLOST renewal.

 

Chairman Miller questioned whether or not the issue to residency will be a problem here as well as with the Water and Sewer Commission.

 

Commissioner Lynn said he feels a standard policy was in order.

 

Commissioner Hardman stated that the Board's obligation is to appoint the best people for the position regardless of where they live.  He said that personally he would rather not limit his appointments to only those people from his immediate district.

 

A motion was then made by Commissioner Hardman to that effect, and seconded by Commissioner Pate, that any Commissioner can name anyone from anywhere to serve on the SPLOST Recommendation Committee as long as they are a Glynn County resident.

 

Commissioner Lynn asked if the motion could be amended to make this a policy for all boards, and Commissioner Hardman said he would rather not take that broad a sweep at this time.

 

Chairman Miller requested that criteria for all other boards be discussed at an upcoming Work Session.

 

A vote was taken on Commissioner Hardman's motion, and unanimously adopted.

 

Appointments to this Committee were made as follows:

 

Commissioner Lynn     Allen Goodbread

Bill Wagner

 

Commissioner Gunn    Ed Nicholson

Iris Touw                                 

 

Commissioner Pate    Joe Hammill

Bill Brunson

 

Commissioner Lyde    Francinia Lenhardt

Willie Whipple

 

Commissioner Boyne ‑ Jane Sanders

Winbert Flexer III

 

Chairman Miller                      Dorothy Mitchell

Tommy Packard

 

Commissioner Hardman stated that he did not have his appointments ready but that he would get them submitted as soon as possible.

 

For the record, Chairman Miller announced that his appointment, Jody Mithcell, is his neice.

 

County Administrator Lee Gilmour said he would get a copy of the mission statement to the City of Brunswick and advise them to let the County know their six appointments as soon as possible.

 

Chairman Miller asked Commissioner Hardman to serve as facilitator for the first meeting of this committee until they elect a chairman.

 

Recreation Board

 

Three appointments to the Recreation Board; Districts 2, 3 and 4.

 

Due to the fact that not all Commissioners were ready to make appointments, and there seemed to be some confusion about the criteria for appointing members to the Recreation Board, Chairman Miller deferred this item to the next meeting.

 

Chairman Miller asked that the County Attorney inform the Commission as soon as possible as to the criteria for appointments to the Recreation Board.

 

Water and Sewer Commission (revisited)


Four appointments to the Water and Sewer Commission; Districts l, 2, 4, and 5.  County Attorney Gary Moore reported that according to the Ordinance, the only restriction on residency for appointments to the Water and Sewer Commission is that the appointment of the Commissioner from At Large Post 2 must be a resident of St. Simons Island, and all other appointments must be residents of Glynn County.

 

With that information, Chairman Miller asked for appointments from Districts l, 2, 4 and 5.  They are as follows:

 

Commissioner Lyde                 Eugene Roberts

 

Commissioner Pate                  Reginold Holtzendorf

 

Commissioner Gunn                 Ken Enney

 

Commissioner Lynn                 Dean Overall

 

 

ITEMS REFERRED FROM WORK SESSION

 

l.          Pace Associates.  Authorize retention of Pace Associates for audit work and other duties per its ll/26/93 and l/6/94 reports.

 

A motion for approval was made by Commissioner Boyne and seconded by Commissioner Gunn.

 

Commissioner Hardman asked whether or not these services need to go out for bid, and County Attorney Gary Moore replied that the County does not have to go out for bid on professional services.

 

A vote was taken on the motion, and unanimously adopted.

 

 

2.         Hotel/Motel Tax.  Authorize process to increase the hotel/motel tax from 3% to 5%.

 

A motion for approval was made by Commissioner Lynn and seconded by Commissioner Lyde.

 

Commissioner Hardman offered for review a copy of the final report from the Hotel/Motel Tax Study Committee, and he asked that members from the hotel industry be allowed time to speak.  Chairman Miller then yielded the floor to Jim Jordan representating the hotel industry.

 

Mr. Jordan spoke in an effort to convince the Commission that there was no need to increase the tax.  He said that since its inception the tax brought in around $205,000 in l977 and up to $l.2 million in l993, and this growth is evidence that the current tax is adequate and properly structured.  After citing several cases where taxes were raised and then later reduced, Mr. Jordan asked the Commission not to risk Glynn County's economy and to trust the judgment of the industry that creates the environment that makes these taxes possible.

 

Following was further discussion, during which County Attorney Gary Moore described the two‑part process for increasing this tax as follows:

 

l.          Prepare a resolution; and,

 

2.         Adopt a budget that indicates how the money will be spent.

 

Chairman Miller then called for the question.

 

Voting aye:  Chairman Miller, and Commissioners Lynn, Gunn, Lyde.  Voting nay:  Commissioners Hardman and Pate.  Abstaining:  Commissioner Boyne.

 

Motion adopted.

 

A motion was then made by Commissioner Hardman and seconded by Commissioner Pate that Glynn County take the $800,000 or so that this tax increase is going to generate as additional money to the County and reduce the Glynn County ad valorem millage rate by the identical amount.

 

Commissioners Gunn, Boyne and Lyde all expressed opinions that this matter required further discussion during and upcoming work session.

 

Chairman Miller then called for the question.  Voting aye: Commissioners Pate and Hardman.  Voting nay:  Chairman Miller and Commissioners Lynn, Lyde, Gunn and Boyne.

 

Motion failed.

 

3.         Van for Sheriff. Authorize acceptance by the Sheriff's Department of a passenger van.

 

County Administrator Lee Gilmour stated that the Sheriff has an opportunity to recieve a van at no cost for the transfer of prisoners.

 


A motion for approval was made by Commissioner Lynn and seconded by Commissioner Gunn.

 

Motion adopted by majority vote of 6‑0 with Commissioner Hardman absent.

 

4.         SSI Garden.     Authorize survey questionnaire to St. Simons Island Garden users to determine type of management operation they prefer.

 

A motion for approval was made by Commissioner Gunn and seconded by Commissioner Lyde.

 

Commissioner Gunn explained that the purpose for this is to ask the people who have garden plots how they would like to run the operation; i.e., an advisory board, who would be on the advisory board, and who they would like to have running the garden.  All responses would be anonymous.

 

County Agent John Bryson stated that he doesn't want to be an adversary of Rudolph Beggs, and whatever the Commission decides is fine with him.  He added that the County already has a Garden Committee in place that they may want to consider using.

 

Commissioner Boyne suggested that John Bryson and Rudolph Beggs get together with the County Administrator to formulate the subject questionnaire.

 

Mr. Beggs said that he feels the County did what the State asked by appointing a Garden Committee, and he doesn't feel anything else needs to be done.

 

Chairman Miller announced the upcoming Garden Planning Meeting to be held on Tuesday, March 22, l994 at 7:00 p.m. in the Garden Room of the Casino on St. Simons Island and encouraged the attendance of all interested parties.

 

Following a brief further discussion, Chairman Miller called for the question.  Voting aye:  Commissioners Lyde, Lynn, Gunn and Boyne.  Voting nay:  Chairman Miller, Commissioners Hardman and Pate.

 

Motion adopted.

 

COMMISSIONER ITEMS

 

l.          Commissioner Boyne

 

Commissioner Boyne informed the Board that at his request his two appointees, his son Kevin Boyne and Thomas Lindsey, have resigned from the Environmental Review Committee, and he has reappointed Mr. Sid Overall and Mr. Harry Driggers as their replacements.

 

A motion to accept these reappointments was made by Commissioner Pate and seconded by Commissioner Lynn.

 

Unanimously adopted.

 

2.         Commissioner Gunn

 

Commissioner Gunn made a motion to tape Executive Session Minutes and keep them under lock and key in case they are needed later with the County Administrator having the key.

 

County Attorney Gary Moore stated that this would defeat the whole purpose of going into Executive Session, and having something tangible that could be subpoenaed at a later date could possibly be used against the Board at sometime in the future.

 

Commissioner Gunn asked about other counties, and Mr. Moore replied that the ones with which he is familiar do the same as Glynn County.  Commissioner Gunn asked where the Executive Session Minutes for this Board are kept, and Mr. Moore replied that the County Clerk keeps them.

 

Commissioner Gunn withdrew her motion.

 

3.         Commissioner Boyne

 

Commissioner Boyne made a motion seconded by Commissioner Hardman to accept the bid of $3,969.00 and go ahead and survey Smith Road.

 

A vote was taken on this motion and unanimously adopted.

 

4.         Chairman Miller

 

Chairman Miller brought up the fact this Board has three Commissioners on the Pension Administration Committee and the Plan calls for only two.  Commissioner Pate stated that he would be glad to resign since he has been unable to attend any of the meetings.

 

A motion to accept Commissioner Pate's resignation from the Pension Administration Committee was made by Commissioner Lynn and seconded by Commissioner Lyde.

 

The motion unanimously adopted.


Chairman Miller announced that he was elected as Chairman of the Pension Administration Committee.  Personnel Director Dave Bandy clairfied that by saying that the Chairman and Secretary of the Pension Administration Committee are to be appointed by the Board of Commissioners. He added that the Pension Administration Committee took a preferance poll and the stated preference was for Chairman Miller to be the Chairman and the Personnel Director to serve as Secretary.

 

A motion to appoint Chairman Miller as Chairman and Personnel Director Dave Bandy as Secretary for the Pension Administration Committee was made by Commissioner Boyne and seconded by Commissioner Lynn.

 

Unanimously adopted.

 

Chairman Miller further reported that at the Pension Administration Committee last meeting an update was given by Mr. Gene Kelly who stated that in order to put Firefighters on the 55/30 retirement would cost Glynn County $95,000 a year.

 

A motion was made by Commissioner Boyne and seconded by Commissioner Lynn to refer this issue to the Finance Committee.

 

Unanimously adopted.

 

Chairman Miller closed by saying those in attendance at the last Pension Administration Committee meeting were Chairman Miller, Dave Bandy, Lee Gilmour, Ron Mikell, Kenneth Deen, Joyce Crosby and Timothy Hutchens.

 

Chairman Miller asked Keith Flanagan if the new Greenhouse is completed.  Keith Flanagan reported that the Greenhouse is complete and offered a tour to any Commissioner interested.

 

Chairman Miller announced a meeting regarding the Golden Isles Parkway/four lane project on May 6 at 6:30 at Little Ocmulgee State Park to rally for this purpose and DOT Commissioner Shackelford will be there and the Chamber of Commerce will transport the Commissioners.  Chairman Miller asked that anyone who will be attending let Woody Woodside of the Brunswick Chamber know.

 

Chairman Miller reminded everyone of the called meeting on Jekyll Island tomorrow.

 

Chairman Miller reported that he and Building Official Vernon Lewis had met at the Demere Annex with Tax Commissioner Florence Dees for the purpose of investigating office space options for Ms. Dees.

 

CHIEF OF POLICE ITEMS

 

1.         Community Based Police

 

Police Chief Carl Alexander reported that his department has been studying this concept by identifying and manning substations located out in the community.  The Chief stated that he has contacted the owners of Camelia Apartments on Altama Avenue at the Mall Connector intersecton, and they have agreed to let the police use office space at the front of the complex for only the cost of the utilities.  Chief Alexander asked for the Board's permission to pursue this with the assistance of the County Attorney in drafting an agreement.  He said he is also in the process of identifying a couple other areas for the same purpose in the Sterling area and the precinct on St. Simons.

 

Commissioner Boyne expressed complete approval of this project and made a motion to authorize the Police Chief to pursue an agreement for office space in order to set up a police substation at that location.  The motion was seconded by Commissioner Gunn.

 

Unanimously adopted.

 

2.         Parking on Altama Avenue

 

The Police Chief said there is still a problem with people parking in the emergency lanes on Altama Avenue.  His plan is to send a letter to the DOT asking for their concurrence that these are emergency lanes and should not be occupied by parking vehicles, and with DOT being in agreement, the Chief said he along with the Traffic Safety Engineer and the County Attorney would draft an ordinance that would identify these lanes as emergency lanes to allow the police to begin enforcement.

 

Commissioner Boyne asked what section of Altama Avenue this would entail, and the Chief said it would be from the Spur north to Chapel Crossing Road.

 

A motion for approval of this plan was made by Commissioner Lynn and seconded by Commissioner Hardman.

 

Unanimously adopted.

 

3.         Speed Limit on Kingsway, St. Simons Island, Just Off Causeway

 

The Police Chief said he has had several complaints that the reduction in speed coming off the causeway onto Kingsway from 55 miles per hour to 35 miles per hour is too sudden.  He requested approval from the Board to increase the speed limit to 40 miles per hour coming off the causeway and then reduce it to 35 miles per hour at New Sea Island Road.

 

A motion for approval was made by Commissioner Gunn and seconded by Commissioner Lynn.

 


Unanimously adopted.

 

County Attorney Gary Moore said that an effective date should be set for this, and public notice should be given.  It was the concensus of the Board that it should be effective as soon as reasonable.

 

COUNTY ATTORNEY ITEMS

 

Business License Enforcement

 

In reference to the charge given by this Board to the Business License Enforcement Officers in the Finance Department that they fully enforce the Business License Ordinance, mobile home decals, and other matters of this nature, Chief Magistrate Judge Ernest Gilbert feels it is essential for these employees to be constables of his court in order to make citations to his court, and he will be more than happy to appoint them constables of his court for that purpose.  Attorney Moore explained that in order to do that, he is requesting this Board to make a resolution asking Judge Gilbert to name these employees as constables for those purposes with no additional compensation.

 

A motion was made by Commissioner Hardman and seconded by Commissioner Pate to grant the requested resolution.  Motion carried by a majority vote of 6‑0‑l (abstention by Commissioner Boyne).

 

COUNTY ADMINISTRATOR ITEMS

 

1.         Request authorization from the Board to sign a contract with the Georgia DOT to amend the current contract for CCC Road and Emanuel Church Road.

 

County Administrator Lee Gilmour said this is an increase due to their concurrence on widening the size of the pavement.

 

A motion for approval made by Commissioner Pate and seconded by Commissioner Lynn.

 

Unanimously adopted.

 

2.         COBRA coverage for Persons Separated from Glynn County Due to Disciplinary Action.

 

County Administrator Lee Gilmour stated that according to County policy COBRA does not have to be offered to persons separated in this manner; however, historically COBRA coverage has been offered to these people.  He added that there have recently been two cases of separation based on disciplinary action, and he would like to know which way the Board would like to go on these.

 

A motion was made by Commissiner Lyde and seconded by Commissioner Gunn to offer COBRA coverage to persons separated from the County due to disciplinary action.

 

Commissioner Hardman said he believes the law states that as the employeer Glynn County has to offer COBRA coverage to these people.

 

Chairman Miller pointed out that though the people pay the premiums there could potentially be substantial cost to the County if something serious should happen to the insured.

 

County Administrator Lee Gilmour stated that if the separation is due to gross misconduct, the County does not have to offer COBRA.

 

Commissioners Lyde and Gunn withdrew their motion and second respectively.             County Attorney Gary Moore said there needs to be a determination made as to "gross misconduct".  He said the Board needs a mechanism to decide on a case‑by‑case basis that a particular separation was or was not for gross misconduct.

 

Chairman Miller stepped aside to make a motion that this Board adopt a policy not to offer those people who are guilty of gross misconduct COBRA benefits.  Motion was seconded by Commissioner Lynn.

 

Commissioner Boyne asked the motion be amended to state "gross misconduct as determined by the Board."  Amendment accepted by the Chairman Miller and Commissioner Lynn as seconder.

 

A vote was taken on the motion and adopted by majority vote 6‑0‑1 (abstention by Commissioner Hardman because he was not comfortable with the law).

 

A motion was made by Commissioner Lynn and seconded by Commissioner Gunn that this Board determine both Larry Waters and Charles Wright to be guilty of gross misconduct.

 

Unanimously adopted.

 

 

3.         Pension Plan Document


County Administrator Lee Gilmour stated that there is a problem with the contract for the Pension Plan in that at the time it was signed the Board of Commissioners was the trustee.  The Pension Administration Committee is requesting that the Chairman sign the contract as the Plan Sponsor along with Coastal Bank as the new Trustee.

 

A motion for approval was by Commissioner Hardman and seconded by Commissioner Lynn.

 

Then following further clarification by the County Administrator, Chairman Miller called for the question.

 

Motion adopted by a majority vote of 6‑0‑1 (Commissioner Boyne abstaining).

 

4.         Federal Empowerment Zone/Enterprise Communities

 

County Administrator Lee Gilmour made a presentation suggesting that the County use the Coastal R.D.C.'s expertise in applying for census tracks 7, 8 and 9 to be designated Federal Empowerment Zones/Enterprise Communities.

 

Following the presentation and some discussion, a motion was made by Commissioner Lyde and seconded by Commissioner Hardman to request that the Coastal R.D.C., on behalf of the County Commission, prepare this application.

 

Unanimously adopted.

 

5.         Request Authorization To Apply For Two Separate Recreation Grants Towards The Neptune Park Project

 

A motion for approval was made by Commissiner Lyde and seconded by Commissioner Gunn.

 

County Administrator Lee Gilmour reported that there are two separate grant sources available totaling somewhere between $10,000.00 and $15,000.00.

 

Following a brief further discussion, Chairman Miller called for the question.

 

Unanimously adopted.

 

6.         Request Authorization To Sponsor Summer Lunch Program

 

A motion for approval was made by Commissioner Lynn and seconded by Commissioner Lyde.

 

Unanimously adopted.

 

 

7.         Approve Amendments To The 1993 Tax Digest

 

A motion was made by Commissioner Boyne and seconded by Commissioner Hardman to approve amendments to the 1993 Tax Digest with the exception of those $50,000.00 and above, and those amendments $50,000.00 and above being discussed at the next Work Session.

 

Unanimously adopted.

 

Executive Session

 

A motion was made by Commissioner Lyde and seconded by Commissioner Gunn to go into Executive Session for the purpose of discussing personnel matters and possible litigation.

 

Regular Session Reconvened

 

Investigation of County Clerk

 

The Board of Commissioners unanimously authorized the County Administrator to handle the investigation of Ms. Dominey.

 

Approval of Minutes

 

The Board of Commissioners unanimously adopted the Minutes of the Regular Meeting of March 3, l994 and the Called Meeing of March 8, l994 subject to any corrections which might be necessary.

 

Meeting adjourned.