MINUTES

            CALLED MEETING, BOARD OF COMMISSIONERS

            GLYNN COUNTY, GEORGIA, HELD MONDAY,

            JUNE 20, 1994 AT 5:30 P.M.

 

                                                                                                       

 

                                                                                         GLYNN COUNTY

 

PRESENT:                             James E. Miller, Chairman

Virginia Gunn, Vice Chair

Commissioner Robert H. Boyne

Commissioner Jack Hardman

Commissioner Milton Lynn

Commissioner Gladys Martin-Lyde

 

ABSENT:                               Commissioner W. Harold Pate

 

ALSO PRESENT:                 Lee Gilmour, County Administrator

Gary Moore, County Attorney

Carol Summerour, Acting Clerk

 

STAFF PRESENT:                Carl Alexander

Dave Bandy

Gerald Blakebrough

James Nazzrie

Ray Richard

 

                                                                                    CITY OF BRUNSWICK

 

PRESENT:                             Mayor Homer Wilson

Commissioner Roosevelt Lawrence

Commissioner James McLeod

 

ALSO PRESENT:                 Mark Mitchell, City Manager

Gene Highsmith, City Attorney

 

1.         JOINT SESSION WITH CITY COMMISSION:

 

a)         Special Purpose Local Option Sales Tax

 

Mayor Wilson began the discussion by asking to go on record as stating that he is in favor of this particular tax but he added that unless both governments are unified it will not pass and what is being done here tonight is futile.

 

County Commission Chairman Sonny Miller agreed and opened the floor for discussion regarding the distribution of SPLOST money.

 

Chairman Miller questioned the County Attorney regarding the percentage split according to the 1974 Census at 60/40 and the 1990 Census at 70/30.

 

Attorney Moore cautioned the Commissioners not the confuse the Special Purpose Local Option Sales Tax with the Local Option Sales Tax.

 

County Commissioner Jack Hardman said he believes the fairest and most easily trackable way to distribute future SPLOST is by using the percentages that correlate with the census.

 

Mr. Hardman went on to say that the City has presented to the SPLOST Committee a list of things that they have to do in the next ten years.  He said he feels the best way to sell SPLOST to the public is to let them know it will save tax dollars down the road because these are things that have to be done anyway.

 

Mayor Wilson stated that the City has always helped the County in the past in many ways, and he does not feel the SPLOST money should be divided based on census but by taking a look at the city and county overall for the benefit of the people.

 

Chairman Miller asked the Mayor whether or not he has a percentage figure in mind since he disagreed with using the census?

 

Mayor Wilson asked to go on record as stating that the men and women who are serving in the General Assembly did not take into consideration municipalities in Georgia or they never would have allowed or mandated or in anywise endorsed such a thing as this.

 


Chairman Miller suggested that all tax collected in the City stay in the City, and City Commissioner McLeod said he felt that was a very constructive suggestion.

 

Commissioner Hardman said he believes that if that were done, the City would loose very badly.

 

City Commissioner Roosevelt Lawrence said he thinks 60/40 is a good distribution and it has been that way for a number of years.

 

Mayor Wilson said he is mainly concerned with what percentage the City will get, what projects are earmarked for the money, and he would like some type of contract or agreement stating all this.

 

Chairman Miller stated that the 60/40 split was based on the 1970 census.  he asked Attorney Moore for the 1990 census figure, and Mr. Moore said they are 73.7% County and 26.3% City.  Chairman Miller then noted that a 70/30 split would yield the City some 3 plus percentage points more that the census.

 

City Manager Mark Mitchell stated his main concern is that the City would have control over their projects rather than the County such as deciding when to begin each project and how it will be done.  It was the consensus of the County Commissioners present that this would not be a problem.  County Attorney Moore said that the County has to execute the projects but that some of the control could be given to the City through some type of contract.

 

County Commissioner Gladys Lyde stated that she feel a 60/40 split is fair but she also said she would like to see the City and County simply agree on what projects to be done rather than deciding on distribution percentages.

 

Attorney Moore said that the distribution of SPLOST is done by project but that the allocation may correlate to the total amount for the City projects.

 

City Manager Mitchell reported that the figure has probably changed somewhat, but not long ago the total for their listed projects to be done was $11.5 million.  Chairman Miller said he thought $15 million would be fair which is 30% of the proposed $50 million to be collected.

 

City Commissioner Lawrence asked about the duration of the SPLOST, and County Attorney Moore replied that it is until the total dollar amount is collected or five years, whichever comes first.

 

County Commissioner Lyde asked hypothetically that if the City had $15 million worth of projects listed but the projects only cost $10 million, what could the leftover $5 million be used for, and County Attorney Moore replied that the only use he knows of is to reduce County indebtedness.

 

Chairman Miller asked if the County could do a project in the City, and Attorney Moore said it would have to be a joint City/County project.  He said, however, that leftover money cannot be spent on a new project that was not listed on the ballot.  Mr. Moore added that the likelihood of these projects coming in under budget is very slim.

 

Bill Taylor, citizen of Brunswick and member of the SPLOST Recommendation Committee was present to ask what he should report back to the Committee regarding SPLOST distribution.  He suggested that the two Commissions hear form Cecil Little of the Board of Elections to make sure the ballot is written correctly.  He said he didn't believe the citizens would be voting on the projects but only the total dollar amount.

 

In response to what Mr. Taylor should report back to the SPLOST Recommendation Committee, there seemed to be an overall feeling of accomplishment and agreement between the two governing bodies to work together on planning for the SPLOST money in a spirit of goodwill.

 

b)         Local Option Sales Tax Renegotiations

 

County Attorney Gary Moore reported that this is the only sales tax being collected today in Glynn County, and it is in contrast with the SPLOST in that is can be used for anything.  He said the way this tax is handled is that the money is sent to the Revenue Commissioner who take 1% off the top for administration and the other 99% is distributed between the City and the County according to the terms of the distribution certificate which is the County gets 61.24% and the City  gets 38.76 which correlates to the 1970 census.

 

Mr. Moore said that House Bill 1489 passed in the 1994 session requires renegotiations of that distribution certificate between the City and County, and a decision must be made within sixty (60) days or it will go to arbitration.  He added that the amount of money in question here is about $10 million.

 

Attorney Moore requested authorization to notify the State Revenue Commissioner that Brunswick and Glynn County have begun renegotiating the distribution of the Local Option Sales Tax.

 

A motion was made by Commissioner Gunn and seconded by Commissioner Lyde to authorize the County Attorney to notify the Revenue Commissioner that the City of Brunswick and Glynn County have begun renegotiating the distribution of the Local Option Sales Tax.  Motion unanimously adopted.

 

c)         Water/Sewer Franchise Agreement

 


Following some discussion regarding concerns on the part of the City and the County regarding the lack of a Water & Sewer Franchise Agreement,, Chairman Miller requested that the County Administrator and the City Manager work together with the County and City Attorneys to put together options for a new Water & Sewer Franchise agreement and report back at the next Joint City/County Meeting.

 

In closing, Mayor Wilson said he would like to go on record announcing that the City has sludge available to citizens of the City and County that is being given away free of charge.

 

There being no further business to discuss, Chairman Miller invited members of the City Commission to stay for refreshments.

 

Meeting adjourned.

 

2.         OTHER:

 

a)         Authorize execution of quitclaim deed on State Road 27 for construction of Golden Isles Parkway

 

County Engineer Ray Richard explained that the D.O.T. will be buying right of way from all the private property owners along this stretch, and there are three small county roads included in there and the D.O.T. is asking that we quitclaim just the sections they need to construct a 4-lane highway.

 

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

 

b)         Authorize correction to County Tax Map to indicate County ownership of Second Street on St. Simons Island

 

County Engineer Ray Richard reported that the current County Tax Map shows this street as belonging to the adjacent property owner;  however, he said he has recently received some abstract information from the courthouse which indicates that this is a County public road.

 

County Attorney Gary Moore said that by making this change the County is simply stating that it believes the road to be County-owned, and he feels this would be a relatively harmless act.  When asked by Commissioner Hardman if he felt this is merely a housekeeping item, Attorney Moore replied that it is.

 

A motion authorizing staff to revise the County Tax Map to indicate that Second Street on St. Simons Island is county-owned was made by Commissioner Gunn and seconded by Commissioner Boyne.  Unanimously adopted.

 

INSERT

 

P Street Project

 

County Engineer Ray Richard explained that this request pertains to putting a driveway in the area of the Torras Development so that Glynn County will have access to Andrews Island.

 

He said that the low bidder for the project was Statewide Construction at $9,500; however, they will not be able to do the project because they cannot obtain a payment and performance bond.  Mr. Richard requested permission to rescind award of this bid from Statewide and award it to the second low bidder, Poppell and Eller, at $9,750.

 

A motion for approval was made by Commissioner Lynn and seconded by Commissioner Hardman.  Motion approved by majority vote 5-1-0.  (Commissioner Boyne voting nay.)

 

Local Assuror

 

County Administrator Lee Gilmour announced for the Board's information that the Corps of Engineers will hold a public hearing on Maintenance Dredging of Brunswick Harbor on Tuesday, June 28, 1994 at 1:00 at the Historic Courthouse.

 

Mr. Gilmour also reported that he has talked with a representative of the G.P.A. who indicated that they are very close to securing a 50-year easement with the Corps of Engineers on Andrews Island, and this should be taken care of by August.  Regarding the Local Assuror, local feedback is now being solicited to find that out what the community wants to do.  Mr. Gilmour said that it seems to be the desire of the Corps to have a contract with just one local assuror rather than several.  He added that he will keep the Board further advised as the process unfolds.

 

c)         Executive Session

 

Administrator Gilmour requested that the Board go into Executive Session to review past Executive Session minutes.  Chairman Miller said he had a personnel and possible litigation item to discuss in Executive Session also.

 

A motion was made by Commissioner Lyde and seconded by Commissioner Lynn to go into Executive Session for the reasons previously stated.  Motion unanimously adopted.

 

The Glynn County Board of Commissioners returned to Regular Session.


A motion was made by Commissioner Boyne and seconded by Commissioner Lyde to adopt the following:

 

a)         Called Meeting Minutes of June 14, 1994 as written;

 

b)         Addition to Executive Session Minutes of April 21, 1994 as written;

 

c)         Executive Session Minutes of May 19, 1994 with corrections as stated;

 

d)         Executive Session Minutes of June 2, 1994 as written;

 

e)         Executive Session Minutes of June 14, 1994 with corrections as stated.

 

Unanimously adopted.

 

Tracer on Hot Line

 

A motion authorizing staff to have a tracer installed on the Citizens Hot Line was made by Commissioner Lynn and seconded by Commissioner Lyde.  Unanimously adopted.

Meeting Adjourned.

 

A motion to adjourn was made by Commissioner Boyne and seconded by Commissioner Gunn.  Unanimously adopted.