AGENDA

                                 and

      MINUTES                      

 

 

REGULAR MEETING, BOARD OF COMMISSIONERS,

        GLYNN COUNTY, GEORGIA, HELD THURSDAY

                      NOVEMBER 17, 1994, AT 6:00 P.M.

 

PRESENT:                Virginia Gunn, Vice Chair

                   Commissioner, Robert H. Boyne

         Commissioner, Jack Hardman

                   Commissioner, Gladys Martin-Lyde

    Commissioner, Milton Lynn

    Commissioner, W. Harold Pate

 

ABSENT:                        James E. "Sonny" Miller, Chairman

 

ALSO PRESENT:      Lee Gilmour, County Administrator

         Gary Moore, County Attorney

         Pamela J. Barton, County Clerk

 

STAFF PRESENT:     Chief Carl Johnson

                   Keith Flanagan

                   Dan Reuter

                            Ray Richard

    Asst. Chief Nazzrie

                   Charles Lewis

                   Ed Abel

              Lt. Hopper

                   Becky Rowell

                   Cynthia Williams

 

INVOCATION:        Reverend Jim Jensen, St. Simons Methodist                                    Church

 

PLEDGE OF ALLEGIANCE TO THE FLAG

 

INSERTS

 

Acting Chairwoman Virginia Gunn asked Mr. Gilmour to introduce Ms. Pam Barton as the new Clerk of the Board Commissioners.

 


     Chairwoman Gunn then introduced Robert Strickland and Fred        Tullos as the new members of the Board of Commissioners.

 

 

APPROVAL OF MINUTES

 

            Motion to approve minutes of regular meeting held November 3, 1994 subject to changes and corrections by Commissioner Boyne, second by Commissioner Lynn. Unanimously adopted. W. Harold Pate not present.

 

DELEGATIONS

 

Chairwoman Gunn introduced Commissioner Boyne who sponsored a Proclamation Designating November 20 - 26, 1994 as American Christian Heritage Week on behalf of Harold Johnson. Mr. Johnson explained the purpose of the Proclamation, Commissioner Boyne presented the Proclamation.

 

Motion to approve the Proclamation by Commissioner Lynn, second by Commissioner Boyne. Unanimously adopted. Commissioner Pate not present.

 

INSERT

 

Commissioner Gunn suggested hearing from the people present on behalf of the landfill, Attorney Gary Moore requested that he be allowed time to determine if such discussion needed to take place in executive session.

 

Commissioner Boyne requested that the legal representative

for the individuals involved had requested that this matter not be discussed until 8:30. Matter postponed until 8:30.

 

CITIZENS COMMITTEE REPORTS

 

Mr. Reuter of the planning commission presented the Bicycle and Pedestrian Program Study including a Construction Program Cost Estimate which he suggested would be adopted by the Brunswick Area Transportation Study policy Committee adopt this plan and that it be incorporated in future road widening projects.

 

Mr. Reuter stated that the Final Public Information meeting regarding the Comprehensive Plan and that a report would be prepared setting forth the results of those meetings.

 

PUBLIC HEARINGS

 

ZONING & LAND USE ITEMS

 


Review of Rezoning Application GC-27-87 involving the              (Waffle House postponed until 6:30) at the request of Mr.

Ken Williams.

 

LIQUOR LICENSE APPLICATIONS

 

Reissuance of 29-1995 Liquor Licenses approved as amended to include The Hampton Club, The Sportsman and Ramada Cranes.

 

Motion by Commissioner Lyde to approve list as amended; second Commissioner Boyne; Commissioner Lynn opposed. Commissioner Pate not present.

 

Chairwoman Gunn presented transfer of Licensee issue for Express Petroleum Company, Inc., Mr. Nazzrie stated that the applicant was not present; Mr. Moore announced that his absence at the next meeting would result in abandonment of the application.

 

Motion to defer by Commissioner Boyne; second Commissioner Hardman. Unanimously adopted. Commissioner Pate not present.

 

Chairwoman Gunn presented Delaney's Bistro, St. Simons        Island Georgia license for the Addition of Distilled Spirits; Mr. Gilmour stated that the application was open for any opposition; Commissioner elect Tullos set forth a a discrepancy in the application regarding "permitted" vs."prohibited" sales for Sunday. Commissioner Hardman suggests the advertisement be republished specifying Sunday sales at the County's expense.

 

Motion by Commissioner Hardman to readvertise at County's expense new regular license and republish for Sunday sales; said license being effective upon completion of publication

of notice. Commissioner Pate not present.

 

Chairwoman Gunn presented request for license for FLETC Express Store for 1995 license for Package Sales and Beer & Wine.

 

Motion by Commissioner Boyne; second by Commissioner Hardman. Commissioner Lynn opposed. Commissioner Pate not present.

 

GENERAL BUSINESS

 

By Laws of Local Emergency Planning Commission.

 

Mr. Ed Abel presented the addendum to the By Laws together with the addendum sheet prepared by Mr. Abel and Mr. Moore.

 

Deferred to next work session of the Commission.

 

Motion by Commissioner Boyne; second by Commissioner Lyde          .

Unanimously adopted.


Award of Flooring Bid For New Casino.

 

Mr. Lee Gilmour presented bid sheet for replacement of carpet in garden room with tile.  Commissioner Boyne questioned the use of tile and determination as to use of tile.  Low bid by Brunswick Floors accepted.

 

Motion by Commissioner Hardman; second by Commissioner Lyde.

Unanimously adopted. Commissioner Pate not present.

 

Award of Bid for Christmas Certificates.

 

Mr. Lee Gilmour presented the bid sheet.  Low bid by The Kroger Company was accepted.

 

Motion by Commissioner Boyne; second by Commissioner Lynn.  Unanimously adopted.  Commissioner Pate not present.

 

     Letter of Credit of Coastal Cottages, St. Simons Island, GA

 

Mr. Reuter stated that the county engineers request that             the bond be reduced to $10,000.00 and a sixty (60) day             extension granted for street and drainage improvement.

 

Motion by Commissioner Hardman; second by Commissioner   Boyne.  Unanimously adopted.  Commissioner Pate not present.

 

Glynn County Water & Sewer FY-95 Budget.

 

Mr. Gilmour presented the budget as approved by the Water    and Sewer Department. 

 

Motion by Commissioner Boyne; second by Commissioner Lynn.

Commissioner Hardman abstains.  Commissioner Pate not

present.

 

Report on Yard Trash Usage by The City of Brunswick.

 

Ms. Rowell reported on yard trash usage by The City of            Brunswick.  Ms. Rowell met with the superintendent

Chris Rhodes regarding our yard trimmings; she stated that

they required the trimmings without dirt.  Dirt removal is

being worked on.  She also stated that all yard trash is

     being composted.  Ms. Rowell feels that the relationship is    is a good working relationship.

 

POINT OF PRIVILEGE

 

Commissioner Boyne requested that Ms. Rowell remain for the


executive session of the Board.

 

GENERAL BUSINESS

 

Final Subdivision Plat - Marsh Point

 

Deferred to 11/22/94 meeting of the Water and Sewer

Department.  To appear on Board Agenda for 12/1/94.

 

Motion to defer Commissioner Boyne; second Commissioner Lyde.  Unanimously adopted.

 

Final Subdivision Plat - Harrison Pointe, Phase IV

 

Deferred to 11/22/94 meeting of the Water and Sewer              Department.  To appear on Board Agenda for 12/1/94.

 

Motion to defer Commissioner Boyne; second Commissioner

Lyde.  Unanimously adopted.

 

ZONING AND LAND USE ITEMS

 

Review of Rezoning Application GC-27-87

 

Mr. Reuter stated that there were two conditions placed on the owners in 1987, as follows: 1) owners were to convey a .2 acre tract on the western boundary of the property to Glynn County to be used as a park area and to act as a demarcation line between commercial and residential properties on the north side of Demere Road; and 2) park was to be landscaped and a six foot high fence built to shield the park area.  Mr. Reuter stated that the staff determined the area is not suitable for a park.

 

Mr. Reuter stated that the owners would not be required to put in the park area and observation, but instead would 1) create a green open area and demarcation line between the commercial and residential area to act as a with the land be left in its natural state as an undisturbed buffer area; 2) reserve by deed restriction an additional area shown on the site plan immediately east of the park area to be left in it's natural state as an undisturbed buffer area; 3) Place additional landscaping on the southern location of the buffer area as an additional landscaping screen; 4) Protect an existing 16 inch oak tree adjacent to Demere Road by providing drip-line irrigation system watering and no further encroachment of parking area than is existing; and 5) recommend acceptance of $2,500.00 to Glynn County for recreation purposes on St. Simons Island.

 

Mr. Ken Williams director of real estate spoke on behalf of Waffle House. He stated that construction of the fence is not in the best interest of the community and Waffle House

for the following reasons: 1) destruction of vegetation;


     2) Department of Natural Resources maintains a 25' buffer   along the marsh, therefore you marsh would not be seen; and

3) potential risk resulting from the use and misuse in the             county maintained buffer.

 

Waffle House therefore agreed to do the following: 1) plant       a hedge row of crepe myrtles; 2) provide the county with a recordable form documents providing for use restriction for an additional buffer area; and 3) parks, recreation or lighting at the county's discretion. Mr. Williams requested release of the performance bond and issuance of the Certificate of Occupancy.

 

Motion by Commissioner Boyne to send back to planning; second by Commissioner Lyde. (Not voted on at this time).

 

Mr. McDonough spoke on behalf of adjoining property owners for concerning this property. Mr. McDonough stated that there were 6 conditions set forth at the original time of approval.  Mr. McDonough states that the following language referenced in enumerated item no. 1 presents a problem to the adjoining property owners "serve as a demarcation line between residential and commercial properties". 

 

Chairwoman Gunn inquires as to whether or not property was correctly advertised.

 

Mr. McDonough reads the legal advertisement as written and states that it is a fallacy.

 

Mr. Reuter states that the advertisement does not cite the exact language; but does recommend Waffle House for approval.

 

Commissioner Hardman states that exact language was not used; mistakes may have been made and suggests that this matter go back to planning.

 

Mr. Reuter states that Mr. Noel made the motion to accept the original provisions.

 

Commissioner Boyne states his concern regarding accuracy in Planning Commission notes.

 


Original Motion by Commissioner Boyne withdrawn; Motion by Commissioner Boyne to send back to Planning; second by Commissioner Lyde. (Not voted on at this time).

 

Ken Williams with Waffle House speaks to the Board and states that the problem does not appear to be with Waffle House and that Waffle receive approval of the amended conditions.

 

Commissioner Hardman discusses compliance of planning matters with Ken Williams of Waffle House and recognizes Mr. Williams good intentions.

 

County Attorney Gary Moore says that this decision will not affect adjacent property owners and this meeting is adequate notice.

 

Commissioner Boyne questions interpretation of the language.

 

Mr. Reuter states that this has nothing to do with Waffle House and that Waffle House should not be delayed any longer.

 

Ms. Berthinia Gibson of the community spoke regarding encroachment in the area. Ms. Gibson also states that a Marsh walkway was approved as a demarcation line. Ms. Gibson also states that additional lighting would be appreciated.

 

Mr. Jack Caldwell a concerned citizen who states this is an example of incremental zoning by the county.

 

Mr. McDonough stated that this matter as stated is erroneous and should be corrected for the benefit of the adjacent property owners.

 

Ms. Ruthie Carr states that the adjoining property owners are and were aware of the establishment of demarcation line.

 

Commissioner Boyne inquires as to the legality of revising the demarcation line language.  County Attorney Gary Moore says that it is legal to eliminate language and should be done so now.

 

Mr. Gilmour interjects that the demarcation line is specified and is the condition that is in question.

 

Commissioner Hardman states that the original motion was made is good faith and that demarcation was not used at that time.  This discussion is based on what happened a couple of weeks ago not 1987.

 

Mr. Reuter stated that the demarcation line was included as in the language brought forth for approval.

 

Commissioner Boyne sets forth the discrepancy in the language.


Motion by Commissioner Boyne to send back to Planning; seconded by Commissioner Lyde; Commissioner Gunn opposed.

     (Condition of Motion; Ken Williams of Waffle House does not

have to appear).

             

INSERT

 

Chairwoman Gunn suggests that Planning Committee meetings should be videotaped.

 

Mr. Gilmour stated that administrative research regarding taping of the planning commission meetings were to be videotaped.

 

Motion To Reconsider by Commissioner Boyne for administrative review; seconded by Commissioner Hardman. Unanimously adopted.

 

APPOINTMENTS

 

Appointment to Plumbing Advisory Board by Full Board to replace Stephen Douglas.

 

Commissioner Lynn voices concern that candidate Jim M. Clark is from Hortense Georgia.  States interest in deferring vote until he is able to find a person from Brunswick.

 

Mr. Gilmour states that position has been advertised for with no response.  Recruiting will instead be used.

 

Motion to Defer Commissioner Lynn; seconded Commissioner Hardman. Unanimously adopted.

 

COMMISSIONER ITEMS

 

Commissioner Boyne requests deferring the landfill matter to the end of the meeting at 8:30 p.m.

 

Commissioner Lyde states the Board at its last meeting voted to have public hearings on the Airport Commission and to consider public input to determine if the appointment process will be revised.

 

Mr. Gilmour stated that a public hearing will take place concerning this on November 29th.

 

Commissioner Hardman states that Florida has passed an amendment known as Amendment number 3 that has to do with shrimpers and other net fishermen to prohibit shore and sound fishing. Requests that Glynn County and neighboring counties prepare a letter to the Department of Natural Resources to place a freeze on licenses issued in the State of Georgia issuing licenses only to those people who held a 1994 license.

 


Motion by Commissioner Hardman; second by Commissioner Gunn. Unanimously adopted.

 

Commissioner Lyde inquires as to Commissioner Hardman's presence at the School Board Meeting on Monday, November 14th.

 

COUNTY ATTORNEY ITEMS

 

County Attorney Gary Moore received a notice from CADA (Coastal Area Development Authority) regarding consideration of a moratorium to be placed on Interior Products for six (6) months with respect to principal and interest payments on our revolving loan fund.  

 

Commissioners deferred to Finance Committee; will wait

for a recommendation from the Development Authority; and

agree to a temporary moratorium of payments until a decision has been reached.

 

Paving question with respect to Lacosta Lane on St. Simons Island off of Demere serving two homes; County Engineer Ray Richard states that road has been county maintained has been approved for paving.

 

Attorney Moore says that there are safety concerns regarding the road.

 

Commissioner Lyde questions Mr. Richard regarding developer who owns land on either side of the road.  He explains that owners have access easements.  Developer wants to provide accent to development through Brockington and to eliminate the existing curb cut into Demere.

 

Commissioner Boyne questions Mr. Richard regarding proposed location of the road.  Mr. Hollington the current owners of the property has property under contract.

 

Motion by Commissioner Boyne that this be referred to staff.

 

Mr. Lee Gilmour suggests that this land be removed from the paving project since the County has only a prescriptive easement.

 

Berthinia Gibson states that Lacosta was scheduled for paving.  Thomas Williams a developer from Atlanta stated that he did want to close Lacosta.

 

Mr. Gilmour said the funds would be set aside for paving when this issue is resolved.

 

Commissioner Boyne asked if there was some other route that would connect with Oliver.

 

Commissioner Lyde states that road should have been paved.

 

Commissioner Pate questions whether the road has been           dedicated.

 


Mr. Gilmour mentions the problem of what exactly to pave.  Attorney Moore stated that all of the apartments off of Demere would dump on to Lacosta.

 

Mr. Reuter states that this proposed development will be reviewed.

 

Mr. Caldwell asks why major access cannot be redirected.

 

Mr. Carroll Evans says that developers want to put up a Berlin Wall when blacks are concerned.

 

Commissioner Hardman discusses the position of Lewis and Cobb and the county's prescriptive easement. Commissioner Hardman states that the money should be safeguarded for now until this issue is resolved.

 

Motion by Commissioner Boyne to commence with paving; second by Lyde.  Commissioners Hardman and Pate abstaining.

 

ADMINISTRATOR ITEMS

 

Mr. Gilmour brought up Board's Policy regarding public monies for food preparation or storage and requests the purchase of two Bunn coffeemakers for the new police precincts in the amount of $89.92 total.

 

Motion by Commissioner Boyne; second by Commissioner Hardman. Unanimously adopted. (Commissioner Lyde out of room).

 

Mr. Gilmour discusses the picnic as organized by Mr. Flanagan, Mr. Johnson and Mr. Alexander, requiring Board action to approve $8,000.00 to be applied toward the costs of the picnic as previously budgeted.

 

Motion by Commissioner Hardman; second by Commissioner Lynn.

Unanimously adopted.

 

Mr. Gilmour discusses authorization of amendment to code to allow for license renewals by paying the additional fee of $250.00 but are not required to come to the meeting.

 

Motion by Commissioner Hardman; second by Commissioner Lyde.

Unanimously approved.

 

Mr. Gilmour presents use of Sterling Park for horseshoe pit area of the park for a tournament.  Usual fee for rental of park facilities will apply.

 

Motion by Commissioner Lynn; second by Commissioner Lyde.

Unanimously approved.

 


FIRE CHIEF ITEMS

 

Chief Johnson requests approval to collect toys for Christmas for children by acting as a drop off station for the Jaycees.

 

Motion by Commissioner Lyde; second by Commissioner Hardman.

Unanimously approved.

 

Chief Johnson requests approval to move truck currently on St. Simons Island incurring serious rust damage back to Brunswick.

 

Motion by Commissioner Lynn; second by Commissioner Hardman.

Unanimously approved.

 

PUBLIC WORKS DIRECTOR ITEMS

 

Mr. Flanagan presented the Department of Transportation State of Georgia priority paving list to the Board as presented earlier in the day to the DOT in Atlanta. This list has been revised to include Priority Item 7, (Item 6 was approved two weeks prior). 

 

Motion by Commissioner Lynn; second by Commissioner Pate.

Unanimously approved.

 

Commissioner Hardman requested that Cleo Place be paved.

 

Motion by Commissioner Hardman; second by Commissioner Boyne. Unanimously approved.

 

Mr. Flanagan brought up that the Commissioners were invited

to a social meeting with neighboring Commissioners to be held at Crooked River State Park on December 6 at 6:00 p.m.

 

Motion by Commissioner Lyde and seconded by Commissioner Boyne to go into Executive Session. Unanimously approved.

 

RETURN FROM EXECUTIVE SESSION

 

Meeting Adjourned.