MINUTES

REGULAR MEETING

BOARD OF COMMISSIONERS

GLYNN COUNTY, GEORGIA

THURSDAY, SEPTEMBER 19, 1991 AT 6:30 PM

 

PRESENT:                      Chairman Joe Smith

Vice Chairman Karen Moore

Commissioner Bob Boyne

Commissioner William E. Dismer

Commissioner Jack Hardman

Commissioner W. Harold Pate

Commissioner E. C. Tillman

 

ALSO PRESENT:             County Administrator Charles T. Stewart

County Attorney Gary Moore

 

 

Opening Ceremony.

 

Chairman Smith opened the meeting by calling on Hubert Lang for the invocation, followed by Pledge of Allegiance to the Flag.

               

                                                            _____________                                                                     

 

 

Resolution  Designating Ducks Unlimited Week.

 

            On behalf of the Commission, Chairman Smith presented a framed copy of the following resolution to Bill Strother and a delegation representing the Glynn County Chapter Ducks Unlimited.

 

           

 

A RESOLUTION

 

            WHEREAS, Ducks Unlimited members in Georgia and Glynn County have combined to create the Ansley-Hodges M.A.R.S.H. Project, in memory of two local Glynn County citizens; and,

 

 

            WHEREAS, several Glynn County citizens give of their time and efforts to serve Ducks Unlimited as National and State Trustees, as well as local volunteers; and,

 

            WHEREAS, The Golden Isles Ducks Unlimited Chapter has begun its program of youth education, sponsor development, and public participation in Ducks Unlimited activities;

 

            NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED, by the Glynn County Board of Commissioners, in Official Meeting held this 19th day of September, 1991, be designated as Ducks Unlimited Week in Glynn County.

 

                                                     *   *   *

            Mr. Strother expressed appreciation for this resolution, and presented caps bearing the “Ducks Unlimited” insignia to each Commissioner.

 

                                                _______________

 

Consent Agenda.

            A motion was made by Commissioner Dismer and seconded by Commissioner Tillman approving the following Consent Agenda items as recommended by staff.

                                                      *   *   *

Dorothy McClain’s scheduled appearance for discussion of the upcoming St. Simons Art

Festival  cancelled at her request because her problem had been resolved upon

being granted an exhibit permit for the Arts Festival.

 

                                           *   *   *

Roy Garren’s presentation on recommendations from the Recreation Board deferred.

 

                                                     

                                                       *   *   *                    

GC-9-91; Rezoning Application of Ed Powers and Catherin Fenton deferred for one

            month.

                                                       *   *   *

 

Proposal of Moreland Altobelli Associates Inc. for environmental testing on the M.L.K./

            Altama Avenue Project, in the total amount of $8,122,00, approved.

           

 

                                                       *   *   *

 

Inter-Agency  Criminal Justice Task Force Proposal to make the Magistrate Judge a

            full-time position, deferred.

 

                                                      *   *    *

 

 

 

Listing of County Equipment declared surplus and Staff authorized to dispose of same at

            public auction on October 12, 1991, including nine surplus items belonging to the

            City of Brunswick; said list available for review in detail in the Commissioners

            Office.

                                                     *   *   *

 

Approval of minutes of the following meetings deferred until the next Regular Meeting.

 

            Regular Meeting held September 15, 1991

            Executive Meeting held September 5, 1991

            Called Meeting held September 10, 1991

 

                                                     *   *   *

            Unanimously adopted.

 

                                                 

______________

 

Bill Taylor discusses Commission’s Performance.

 

            Bill Taylor praised the Commission for the effective and diplomatic manner in which they handled the Beach Nourishment issue to date, and he criticized a local radio station for verbal attacks on the Commission.  Mr. Taylor announced plans to ask the FCC to investigate this particular radio station that broadcasts a program known as “Straight Talk” which aimed constant criticism at the County Commission.

 

                                                _______________

 

SUP-1-91; Application for Special Use Permit; True Deliverance Tabernacle Church.

 

            Chairman Smith related that the Commission had previously considered request of the True Deliverance Tabernacle Church for a Special Use Permit to allow a church in an Mh-6 One Family Residential Mobile Home Zoning District in the Arco area to allow location of a church, and owners and operators of existing liquor license establishments had opposed this effort because of its close proximity to their businesses.  He said at that time the Commission directed the petitioners to try to find another tract further away from the commercial bar establishments.

            Reverend James J. Bethea reported that they had found an alternate location for the church approximately 300 feet from the bars and package stores, and they wanted a Special Use Permit for the new location.

            Upon recommendation from Community Development Director Ed Stelle, a motion was made by Commissioner Moore and seconded by Commissioner Dismer that the proposed new site be referred back to the Planning Commission for review and recommendation.

Unanimously adopted.

                                                            *   *   *

            A motion was made by Commissioner Boyne and seconded by Commissioner Tillman to waive further processing fees for this particular application.

            Unanimously adopted.

                                                         _____________

GC-10-91; Application to Rezone; Warren Mason, Owner. 

            Pursuant to advertisement, Public Hearing was held on subject application to rezone from FA Forest Agricultural to R-12 One Family Residential the following described property.

            A 2.04 acre tract fronting 200.95 feet on the north side of Hickory Street and

            fronting 164.87 feet on the west side of Drawdy Drive, lying immediately

            northwest of Northwood Estates.

 

            Community Development Director Ed Stelle presented recommendation of approval from both the Planning Commission and Staff.  He explained that the owner planned to subdivide this tract into four lots, and he planned to construct site-built homes

which would be served by the County ‘s public water system.

            There being no opposition, a motion approving this application was made by Commissioner Boyne and seconded by Commissioner Dismer.

            Unanimously adopted.                         

                                                            ______________

 

 

 

 House Move Permit Granted to J.E. Rowan

            Building Official Vernon Lewis related that J.E. Rowan had submitted an application for permit to move a house from Egmont Street to Blythe Island Drive, which would require a special variance since the 28 foot building exceeded the maximum allowable width of 16 feet for a structure to be moved along County right-of-ways. Mr. Lewis recommended that a permit and variance be granted to Mr. Rowan, subject to Mr. Rowan presenting a letter of credit or bond in the amount of $4,000 as a guarantee that the structure would be remodeled and upgraded to meet a minimum value of 80% of the average value of other residences in the area.

            Mr. Rowan was present on behalf of his application, and he presented his $4,000 Letter of Credit to the Chairman at this time.

            There being no opposition, a motion approving this application, as recommended by Mr. Lewis, was made by Commissioner Hardman and seconded by Commissioner Pate.

Unanimously adopted.

                                                ______________ 

 

Application of Louise Cloniger for a Liquor License at Cloud Nine Lounge.

            Mrs. Cloniger, represented by Attorney JimPleasants, was present on behalf of her application for License to sell Liquor, Beer, and Wine for consumption on premises at Cloud Nine Lounge located on U.S. Highway 341 at Highway 32 Intersection, Brunswick.

            Chairman Smith commented that Police Chief Carl Alexander had reported that this application met the requirements of the Liquor License Ordinance. although previous operations at this location had generated constant complaints from the neighbors.  He said the Commission held a Public Hearing on this application on August 15, 1991, at which time a motion to approve the license failed.

           

 

 

 

On behalf of Mrs. Cloniger, Attorney Jim Pleasants said he wanted to bring several matters to the Commission‘s attention.

1.         The negative past history of nightclub operations at this location was

            not Mrs. Cloniger’s fault.

 

2.         Whenever an individual caused a disturbance in the parking area outside

            this establishment, Mrs. Cloniger would declare him to be non-gratis.

 

3.         Mrs. Cloniger would empty the parking lot immediately when the n

            nightclub was closed.

           

           

4.         Signs would be posted in the parking lot prohibiting loitering, and the

            Police Department would be asked to enforce this provision.

 

Attorney Pleasants said Mrs. Cloniger was willing to do whatever was required of her, and there was no legal reason why she should not be granted the license.

Mrs. Beth Shadron complained that operation of this nightclub generated so

much noise that area residents were not able to sleep.

            County Attorney Gary Moore said that Mrs. Cloniger could not be held responsible for disturbances created by former operators of the nightclub, however, in reaching a decision the Commission could consider whether or not the health and welfare of the community was being served by this establishment.

            Commissioner   Dismer made a motion to approve this application.

 

                                                *   *   *

            Commissioner Boyne offered a substitute motion to grant this license subject to construction of a barrier fence acceptable to the Building Inspector around the northwest corner of the licensed premises within 30 days to muffle the noise.  After brief discussion, Commissioner Boyne withdrew his motion.

                                                *   *   *

 

            A motion was made by Commissioner Moore and seconded by Commissioner Pate to deny this application based on the fact that it was not an appropriate use of the neighborhood and it was the only establishment of its kind in this residential community.

Aye:     Commissioners Moore, Pate, Hardman and Tillman.

Nay:     Commissioner Dismer and Chairman Smith.

Abstaining:        Commissioner Boyne.

 

                                                _____________

Beer and Wine License Granted to Ms. Ju Mei Retzlaff at the Hunan Chinese Restaurant.

            Pursuant to advertisement, Public Hearing was held on application of Ms.Ju Mei Retzlaff for license to sell beer and wine for consumption on premises at eh Hunan Chinese Restaurant located at 6110 Altama Avenue, Brunswick, GA.

            Police Chief Carl Alexander reported that Staff had investigated this application and found it to be in compliance with the Liquor License Ordinance and appropriate for consideration by the Commission at this time.

            Ms. Retzlaff was present to ask for approval of her license.

There being no opposition, a motion approving this application was made by Commissioner Dismer.

Unanimously adopted.

                                    _________________

Amendment to Planning Commission Ordinance.

            A motion was made by Chairman Smith and seconded by Commissioner Hardman to adopt an amendment to the Planning Commission Ordinance which would provide that future appointments to the seven member Planning Commission be made by the Board of Commissioners upon nomination by the Commissioner whose district corresponded to the Planning Commission seat being filled.

            Commissioner Moore said she could not support this amendment because she felt the present Planning Commission was doing an excellent job.

            Said amendment, as follows, was adopted by majority vote, with one dissenting vote cast by Commissioner Moore.

           

                                                BOARD OF COMMISSIONERS

                                                GLYNN COUNTY, GEORGIA

                                                BRUNSWICK, GEORGIA

 

A RESOLUTION AMENDING ARTICLE I, CHAPTER 2-19 OF THE CODE OF ORDINANCES OF GLYNN COUNTY, GEORGIA TO DELINEATE CERTAIN REQUIREMENTS FOR TERMS OF OFFICE OF PLANNING COMMISSION MEMBERS; AND FOR OTHER PURPOSES.

 

            BE IT ORDAINED by the Glynn County Board of Commissioners, this the 19th day of September, 1991, that Section 2-19-4 of the Code of Ordinances, Glynn County,

Georgia, be and it is hereby amended to read as follows:

 

SECTION 2-19-4

 

            The Planning Commission shall be composed of seven (7) members appointed by the Board of Commissioners.  No person shall be eligible for membership on the Commission who holds an elected County or State office.  The members shall be appointed by the Board of Commissioners to terms of three (3) years.  Members shall serve until their respective successors are appointed and qualified. No member shall serve more than two (2) successive terms, except that any term less than three (3) years shall not count as a term towards this limit.

 

            All future appointments to the Planning Commission after the expiration of the term of the appointees now serving shall be made by the Board of Commissioners following nomination of a person or persons made by that member of the Glynn County Board of Commissioners representing the County Commission District or At-Large Post corresponding to the Planning Commission Seat to be filled.  Any person so nominated shall be a resident of the Board of Commissioner’s District which corresponds to the Planning Commission Seat being filled.  In the case of nominations made by Commissioners serving At-Large Posts, the nominees shall be a resident of Glynn County.  One of the two appointments expiring July 1, 1992, shall be filled by a nomination from the Commissioner serving Commission District 1 and the other vacancy shall be filled by nomination from the Commissioner serving Commission District 2.  One of the two appointments expiring July 1, 1993, shall be filled by nomination from the Commissioner serving Commission District 1 and the other vacancy shall be filled by nomination from the Commissioner serving Commission District 2.  One of the two appointments expiring July 1, 1993, shall be filled by a nomination from the Commissioner serving Commission District 3 and the other vacancy shall be filled by nomination from the Commissioner serving Commission District 4.  One of the three appointments expiring July 1, 1994, shall be filled by a nomination from the Commissioner serving Commission 5 and the other two vacancies shall be filled by nomination from Commissioners serving Commission Districts At-Large Post 1 and At –Large Post 2.  All successive appointments shall be made upon nomination of the Commissioner serving the same Board of Commissioners District or At-Large Post served by the Commissioner who nominated the appointee whose term is or will be expired.

 

            Unanimously adopted.

                                                          _______________

Ordinance Adopted Creating the Glynn County Water and Sewer Commission.

 

            A motion was made by Commissioner Tillman and seconded by Commissioner Hardman to adopt the following ordinance creating the Glynn County Water and Sewer Commission, with the understanding that the At-Large position occupied by Commissioner Dismer would nominate a resident of St. Simon’s Island, and a member of

the Glynn County Planning Commission also would serve in ex-officio capacity.

 

                                                  CHAPTER 2 – 22

                                               

                                                GLYNN COUNTY

                                   

                                    WATER  & SEWER COMMISSION

 

Article I.                  In General,  Sections  2-22-1 – 2-22-22.

                              (Adopted 9/19/91; amended 10/3/91)

 

2-22-1             Short Title.       This Ordinance may be cited as the “Glynn County Water                                 Sewer Commission Ordinance”.

 

2-22-2             Glynn County Water & Sewer Commission.  There is hereby created a

                        Water and Sewer Commission, which shall be deemed to be an agency of        

                        Glynn County.  The Commission may exercise the powers set our in this

                        Ordinance at any place within Glynn County, Georgia (except within the                                    City of Brunswick and Jekyll Island) and in any contiguous land outside

                        said County which is used for Water and Sewer purposes as provided

                        herein.  The Commission shall have perpetual existence.

 

 

2-22-3             Determination of Need for the Commission.  It is hereby determined and

                        and declared that due to the present and projected growth in the Glynn

                        County area, the need for adequate Water and Sewer facilities to safely,

                        economically and efficiently serve the Water and Sewer needs of the State        

                        and the County, the need to provide funds for the establishment, operation        

                        and maintenance of present and future water and sewer systems, and the need to coordinate the operation of various water and sewer systems within Glynn County, the establishment of such Commission is necessary and essential to insure the welfare, safety and convenience of the citizens of Glynn County and the State of Georgia and to insure the proper economic development of Glynn County.

 

 

 

 

2-22-4             Declaration of Purposes.  The purposes and objectives of this Ordinance

Commission created hereunder shall be to meet the needs and requirements recognized in Section 2-22-3 of this Ordinance through the establishment, maintenance and operation of unified and coordinated water and sewer systems in the unincorporated area of Glynn County (except Jekyll Island); to insure the orderly and proper use and growth of public water and sewer systems; to insure that the maximum public benefit is obtained from the various public water and sewer systems presently in existence and hereafter established; to insure proper planning and construction needed in the future; to insure the maximum participation of Glynn County in national and State programs of water and sewer projects; to promote trade, commerce, industry and employment opportunities, and all of this to the end of providing the most effective and economical use of public water and sewer facilities for the public welfare, safety and convenience.

 

 

2-22-5             Definitions.       As used in this Ordinance, unless the context in which they

                        are used requires otherwise, the following terms shall have the following

                        meaning:

                       

                        (a)        The terms “water and sewer facilities” and water and sewer

systems “ means, but not limited to, any area of land or any

structures, wells, water lines, sewer lines, pump stations, and waste

water disposal plants which are or have been used or which the

Commission may plan to use for provision of public water supply

and/or wastewater collection, treatment and disposition.

                       

(b)        The term “health hazard” means any contamination of public or

            private water supply and any contamination of a geographical area

            caused by improper operation of a public or private sewage

            disposal facility, present or previous dumping of toxic materials,

            past or present industrial or commercial facilities operation or any

            other circumstance endangering human health.

 

(c)        The term “Commission “ refers to the Glynn County Water and

            Sewer Commission, which is created hereunder.

 

(d)        The term “County” or “Board of Commissioners” refers to Glynn

                                    County, Georgia, a political subdivision of the State of Georgia

                                    and its Board of Commissioners.

                       

                        (e)        The term “project” refers to water and sewer facilities or any

                                    portion thereof to be acquired, constructed and/or equipped by

                                    the Commission.

 

                        (f)         The term “Authority” refers to the Brunswick and Glynn

                                    County Development Authority.

 

2-22-6             Members of Commission Qualifications and Terms of Office.

                        The Commission shall be composed of seven (7) members who are

                        residents of Glynn County. Each District and At-Large Post of the Board of Commissioners shall correspond to a seat on the Water and Sewer Commission.  Nominations for appointment to the Water and Sewer Commission shall be made by the members of the Glynn County Board of Commissioners serving the corresponding district on the Glynn County Board of Commissioners.

 

                        Nominees will be residents of the nominating Commissioner’s District with the exception of At-Large Posts.  The nominee from the Glynn County Board of Commissioners At-Large 2 Post shall be a resident of

                        St. Simon’s Island.  The nominee from the Glynn County Board of Commissioners At-large Post 1 shall be a resident of Glynn County.

 

                        Appointments for the Commission Seats corresponding to Glynn County Board of Commission District 1, and At-Large Post 1 shall serve for an initial term of three years.  Appointments for the Commission Seats corresponding to Glynn County Board of Commissioners Districts 3 and 4 shall serve for an initial term of two years.  Appointments for Commission   seats corresponding to Glynn County Board of Commissioners Districts 2, 5, and At-Large Post 2 shall serve for an initial term of four years.  Thereafter, the members shall be appointed by the Glynn County Board of Commissioners to terms of four (4) years.  Members shall serve until their respective successors are appointed and qualified.  No member shall serve more than two (2) successive terms.

                       

                        Each member shall be a resident of the County. Appointees should have a concern for the orderly growth and development of Glynn County, and have extensive business and /or fiscal management experience.  They may

                        be active or retired.  No person shall be eligible for membership on the Commission who holds interest in any commercial activity which contracts with the Commission except for the provision of water and sewer utility services by the Commission, or any person who holds an elected City, County or State office except that the County Administrator (or his designated representative), two members of the Glynn County Board of Commissioners, one of whom shall be cognizant of the interests of the City of Brunswick, and a member or representative of the Board of

            the Authority and a member of the Glynn County Planning Commission 

            may serve as ex-officio members. The initial members of the Commission          

            shall be appointed within 30 days following the effective date of this

            Ordinance by the Board of Commissioners.

 

2-22-7                         Election of Officers, Quorum, Bylaws, Procedures and Meeting.

                        After the appointment of all members as hereinabove set out, the

                        full membership of the Commission shall meet as soon as practicable

                        and shall elect one of its members as Chairman and one as Vice-Chair-

                        man, each of whom shall continue as voting members, to serve in such

positions for the succeeding year and until their successors are elected.

The Chairman shall preside over meetings of the Commission and the Vice-Chairman shall preside in his absence, and they shall have such other

powers, duties, and responsibilities as are set out elsewhere in this Ordinance.  The Commission shall also elect a Secretary who shall keep the minutes and records of the Commission and a Treasurer who shall oversee fiscal matters.  A majority of the members of the Commission shall constitute a quorum.  A majority of the quorum may exercise any and all powers of the Commission.  The Commission shall, as soon as practicable, adopt its own bylaws, rules of procedure and rules of conduct of its business.  The by-laws and any changes or amendments thereto shall be effective until approved by the Board of Commissioners.  The Commission shall meet at least once every month and at such times as it may deem necessary.  All meetings of the Commission shall be open meetings as provided in Chapter 14 of title 50 of the Official Code of Georgia Annotated.

 

2-22-8             Compensation of Members.  The members shall receive no compensation, but shall be reimbursed from budgeted funds of the Commission for their actual expenses properly incurred in the performance of their duties provided that such expenses must be approved by the Commission in advance.

 

2-22-9             ­Vacancies in Commission.  If a vacancy on the Commission occurs by reason of death, resignation, change of residency beyond the County or otherwise, the vacancy shall be filled by the Board of Commissioners of Glynn County.  The Commission and the Authority may submit recommendations, which shall not be binding on the Board of Commissioners in any way.  The person so appointed shall serve for the remainder of the unexpired term.  Any person appointed by the Board of Commissioners to an unexpired term which is 2 years or more shall be

 able to serve only 1 more successive term.

 

2-23-10           Removal of  Members. Any member may be removed from office for

                        good cause affecting his ability to perform his duties as a member, for

                        misfeasance, malfeasance, or nonfeasance in office, or for violating

                        the conflicts of interest provisions of this Ordinance, by vote of a majority

                        of the Glynn County Board of Commissioners. Prior to removal of any

                        member of the Commission, the member shall be furnished with a written

                        notice of the charges against him and shall be afforded an opportunity for

                        hearing after reasonable notice served personally or by mail.

 

                        The notice of hearing shall include time, place and nature of the hearing.            

                        The member so charged shall be given the right to present evidence in his

                        behalf and only after a finding by a majority of the Glynn County Board

                        of Commissioners that good cause for removal exists, i.e., misfeasance,

                        malfeasance, or nonfeasance in office, or that the member violated, in a

                        specified manner, the conflicts of interest provisions of this Ordinance,

                        may a member be removed.  Absence from three consecutive regular

                        meetings shall be grounds for removal.  A record of the vote shall be kept

                        in all matters.  

 

 

 

2-22-11           Managing Director and Other Administrative Officers and Employees.

                        The Commission, subject to provisions of Section 2-22-13 (g), may

                        appoint and fix the compensation of a Managing Director within a range of salaries previously established by the County.  The Managing Director shall be the chief executive and operating officer of the Commission. Under the supervision of the Commission, he shall be responsible for the operation, management, promotion and development of all activities with which the Commission is charged under this Ordinance together with such

                        other duties as may be prescribed by the Commission, and he shall have such powers as are necessarily incident to the performance of his duties.

                        Additionally, the Managing Director shall be appointed as Assistant Treasurer, shall be responsible for all monies and funds of the Commission and shall have such other duties and responsibilities as the Commission may prescribe.  Before entering upon the duties of his office, the Managing Director shall execute a bond with a corporate surety, to be approved by the Commission and the Glynn County Board of Commissioners. The bond shall be payable to the County in whatever penal sum may be directed by the Glynn County Board of Commissioners,              

                        conditioned upon the faithful performance of the duties of the office and the payment of all monies received by him according to law and the orders of the Commission. The Glynn County Board of Commissioners may at any time require a new bond from the Managing Director in such penal sum as may be determined.  The books and records of the Commission shall be audited at least annually, at the expense of the Commission, by a certified public accountant, selected by the Commission and approved by the County.  The Commission, within its approved budget, may also authorize and employ such other administrative officers and employees under such terms and conditions as it shall consider necessary and appropriate to effectuate its purposes under this Ordinance.  The Managing Director and other administrators and employees employed by the Commission shall be considered as County employees except as set forth in Section 2-22-13 (h) hereto.

 

2-22-12           Conflicts of Interests.  No member of the Commission or officer or employee thereof shall vote on or otherwise represent or act on behalf of the Commission in connection with authorizing, approving, evaluating or negotiating any contract by or to the Commission or the County, of any material, supplies or services (other than any such person’s services as an officer or employee) in which he is financially interested, directly or indirectly.  Any violation of this Section by a member of the Commission shall be grounds for removal pursuant to Section 2-22-10 of this Ordinance. Any violation of this Section by any officer or employee of the Commission shall be grounds for removal by the Glynn County Board of Commissioners.  Any contract entered into by the Commission or the County in violation of this provision shall be void.

 

2-22-13           Powers and Duties of the Commission. The Commission shall possess, subject to the conditions and limitations set out elsewhere in this Ordinance all other permissible powers necessary or convenient for it to accomplish the purposes of this Ordinance, including the following specific powers:

                       

                        (a)        To adopt and alter a commission seal;

                       

                        (b)        To record location and character of public water and sewer

                                    facilities to the County and Authority.

 

                        (c)        To make applications in the name of the County to any federal or                            

                                    state agency or to any other sources, public or private, for grants

                        or other financial assistance in the aid of the water and sewer systems, and to urge acceptance by the County and use same upon such terms and conditions as are prescribed by the federal or state agency or other source.                                                

 

(d)        To coordinate water supplies for fire protection, (sizes of mains     and location of hydrants) with the County.

 

(e)        To utilize the services or property of any department of the County or other County personnel on a reimbursable basis, and the use by the Commission of such services or property is hereby expressly authorized by the County subject to the right of the County to revoke such authorization, and subject to determination by the County of the monetary value thereof.

 

 

 

 

 

 

(f)         To request the County to exercise the power of eminent domain to acquire any real property or any rights of interest therein including any easements, as necessary or convenient for the accomplishment

            of the purposes of this Ordinance, in accordance with provisions of any and all laws applicable to the exercise of such power.

 

(g)        To appoint, select and employ and contract for the services of a Managing Director and other personnel which may be or become necessary or desirable to accomplish the purpose of this Ordinance.

            The Commission shall appoint the current Water and Sewer Engineer of   Glynn County as the initial Managing Director at the salary he now receives from Glynn County.  The Commission shall honor all provisions of the said Water and Sewer Engineer’s existing Contract with Glynn County.  The compensation of the personnel contemplated by this section shall be within the salary range previously approved by the County.  The Managing Director may be dismissed with or without cause solely by the Commission. The Managing Director shall be treated as an employee of the County for all purposes. Prior to the commencement of any employment, the Managing Director shall execute a written statement acknowledging that he understands the nature of the employment as that of one who serves at the pleasure of the Commission, and that he recognizes that he shall be exempt from the overtime provisions of the Fair Labor Standards Act.

 

(h)        To supervise the duties and employment of all County personnel

            assigned to the Water and Sewer Commission in accordance with the County Personnel Policy.  However, the Commission shall be considered the Appointing Authority in dealing with personnel policies under the County Personnel Policy.  All personnel shall be considered County Personnel with respect to seniority, insurance, retirement benefits, and the grievance procedures.

 

( i )       To plan, develop and recommend and upon approval by the Glynn

            County Board of Commissioners which approval may be by line item an am approved budget, implement procedures for the acquisition, establishment, improvement, maintenance, equipping,

            operating, and regulating of Water and Sewer and related facilities.

 

(j)         Set any fees, or other charges for the use of the Water & Sewer or services and collect the same as necessary to accomplish the purposes set out in this Ordinance upon approval by the Glynn County Board of Commissioners.

 

 

 

                     (k)           It will be the responsibility of the Commission to keep its own   

                                    accounting and to keep the accounting of the St. Simons District,          

            Mainland North, and Mainland South Districts separate.

    

          (l)           (1) To recommend a water and sewer ordinance for the orderly, 

            safe, efficient and economical operation of County water and sewer systems; and to recommend reasonable penalties for the breach of that ordinance.

 

            (2) To establish rules and regulations upon approval of the Board of Commissioners in accordance with the provisions of the water and sewer Ordinance.

        

          (m)         To select, supervise and coordinate with any consultant or

                                    consultants the preparation of any development, financial,

                                    operation or master plans for the development of the water

                                    and sewer systems and to retain legal counsel as approved by the

                                    County Attorney.

                       

(n)        Subject to the approval of the County, to represent the interest of 

            the County before any governmental agency having jurisdiction

            over the water and sewer facilities belonging to the County.

 

(o)        To carry out and enforce the terms, conditions and provisions of

            any written contract pertaining to water and sewer by and between       

            the County and any third party.  No contract shall be formally

            terminated by the Commission without the prior written approval of the County Attorney.

 

(p)        To prepare and submit to the County annual budgets for the operation of the water and sewer systems including capital outlay and capital improvements.  Upon the approval of the budgets by the County, the Commission shall have the authority to make any all expenditures listed therein. Any funds budgeted as a contingency fund or as discretionary funds may be used in such manner as the Commission may decide, provided such funds are used for water and sewer purposes.  The Commission may also change budget line items to the extent of $35,000 within a budget year provided such changes do not affect the total of the budget.

 

(q)        To have the immediate control and supervision of all County water and sewer facilities.

 

(r)        To adopt, alter or repeal its own bylaws, rules and regulations governing the manner in which its business may be transacted (with approval of the Glynn County Board of Commissioners), and in which the powers and duties granted to it may be enjoyed as the Commission may deem necessary or expedient in facilitating the business of the Commission.

 

(s)        To exercise all administrative powers and duties that could be exercised by the County in the operation of a similar enterprise which powers are not in conflict with the Constitution and laws of the State of Georgia.  This Ordinance shall not be construed as having delegated to the Commission the legislative authority of the County, however, the duties of the Commission shall be deemed to include all powers necessary and incidental to the operation or maintenance of the water and sewer systems, and the Commission shall be construed as an operating agency of the County.  Specifically the Commission shall perform its own accounting and provide quarterly reports to the County.

 

(t)         To repair or alter any water and sewer facilities.  The Commission

            shall also supervise the construction of all new water and sewer construction.

 

(u)        To draft amendment to the Glynn County Water and Sewer Ordinance to bring that Ordinance into consonance with this ordinance and for other purposes and to draft subsequent amendments thereto and recommend enactment thereof to the Glynn County Board of Commissioners.

 

(v)        To negotiate contracts, or other agreements in behalf of the County in the performance of any other power or duty delegated to it by the Glynn County Board of Commissioners, with developers and other users of the water and sewer systems, for the use of such systems under such terms and conditions as the Commission deems appropriate and for such charges, rentals and fees as it deems appropriate and make recommendations to the Glynn County Board of Commissioners for approval.

 

(w)       To recommend to the County, the sale, lease or other disposition of real and personal property which the Commission determines is no longer required to accomplish the purposes of this Ordinance.

 

(x)        To maintain close liaison with the Authority, advise the Authority

             on water and sewer matters and provide estimate of cost of   providing water and sewer facilities when requested.

 

 

(y)        To amend and correct Glynn County Water and Sewer Standard Specifications as follows:

 

            (1)        Implement orders and requirements of regulatory agencies.

           

            (2)        Technical corrections and improvements.

 

2-22-14           Funds.  All funds deposited by the Commission in any bank shall be placed                    in the name of the Commission and shall be withdrawn or paid out by

                        check or draft on the bank, signed by the managing Director (as Assistant 

                        Treasurer and countersigned by the Chairman, Vice-Chairman, Secretary,

                        or Treasurer of the Commission.  Any draft or check for the payment of

                        no more than $1,000.00 shall only require the signature of the Managing

                        Director.

 

 

2-22-15           Bidding Process.  All Construction contracts, and all contracts for the

                        purpose of supplies and equipment, when the expenses thereof shall

                        exceed $15,000.00 shall be awarded to the lowest and best responsible

                        bidder, after advertising for bids therefore, to be published once a week for four weeks in the legal organ of Glynn County. 

 

2-22-16           Monies Considered Trust Fund. All monies received pursuant to the

authority of this Ordinance, whether as proceeds from the sale or lease of

water and sewer property, as grants or loans, or other contributions, or

other contributions, or as rates, fees, charges, or other revenues, shall be deemed to be trust funds to be held and applied solely as provided for in this Ordinance.

 

 

2-22-17           Property of Commission deemed to be Public Property.   It is hereby

                        declared that all property of the Commission, held pursuant to the terms of                     this Ordinance, whether real or personal, tangible or intangible, and of any

                        kind or nature and any income or revenue there from, is held for an

                        essential public and governmental purpose in behalf of the County and all

                        such property is deemed to be public property of the Glynn County Board        

                        of Commissioners.

 

2-22-18           Disposition of Property Upon Dissolution.        

                       

                        a.         Glynn County Board of Commissioners upon adoption of a

            suitable Ordinance or resolution may dissolve the Water and Sewer

            Commission at any time.

 

b.         In the event of dissolution of the Commission, all of its property,

            real and personal, tangible and intangible, shall be turned over to

            the County.  The Board of Commissioners shall continue all

            contracts of the Commission which it had previously approved

as the assignee of the Commission.

 

2-22-19                       Immunity from Certain Liability  The Commission shall be

                                    construed to be a part of Glynn County and shall have the same immunity and exemption from tort liability and negligence as the County, and the members, officers, agents and employees of the Commission in the performance of the work of the Commission  shall have the same immunity and exemption from tort liability and negligence as the officers, agents and employees of the County when in the performance of their public duties or work of the Commission. The Commission shall maintain liability insurance covering the Commission, its members and employees.

 

2-22-20                       Severability Should Any Portion of Ordinance Be Held Invalid. 

                                    The terms and provisions of this Ordinance are severable.  Should   any section, subsection, sentence, clause or phrase of this Ordinance, or the application thereof to any person or circumstances for any reason be held by a court of competent jurisdiction to be invalid or void, the validity of the remainder of this Ordinance, or the application of such provision to other persons or circumstances, shall not be affected thereby to the extent that any remaining portion of the Ordinance may reasonably be given effect without the invalid or void portion.

 

2-22-21                       Effective Date.  This Ordinance shall become effective upon its approval by the Board of Commissioners of Glynn County, Georgia, this 19th day of September, 1991.

 

2-22-22                       Repeal of Conflicting Laws. All ordinances and parts of ordinances in conflict with this Ordinance are hereby repealed.

                                               

                                                            *    *    *

       Unanimously adopted.

                                                            *    *    *

            Chairman Smith directed Staff to place appointment of the actual members to this

Water and Sewer Commission on the agenda the next regular meeting.

 

                                                           

 

                                                            __________

 

 

 

 

Request to Clear North Drive on Blythe Island.

            W.M. McDuffy, resident of Blythe Island Drive, reported that Union Camp Corporation owned an undeveloped area known as North Drive adjacent to his property, and it had a thick accumulation of pine straw and brush which posed a serious fire hazard. He asked the County’s help in alleviating this problem.

            County Attorney Gary Moore noted that the owner of North Drive, Union Camp Corporation, had dedicated it to Glynn County by plat several years earlier, however, Glynn County had never accepted this dedication.  He said the Commission could adopt a motion to accept the dedication and then move forward with clearing the problem area.

            A motion was made by Chairman Smith and seconded by Commissioner Boyne authorizing staff to clear the underbrush from a 30 foot section of North Drive adjacent to Mr. McDuffy’s property, subject to acquisition of a quitclaim deed to the street from the property owner, union Camp Corporation.

 

Unanimously adopted.

Beach Nourishment  Project.

                        Commissioner Moore reported that Savannah Corps of Engineers of Engineers representatives had announced the previous day that they would conduct a bathymetric survey investigation of the bottom contours of the St. Simons Sound to determine if there had been any significant changes in the bottom over the past 100 years that could be responsible for causing erosion on St. Simons or Jekyll Island.  She said the Natural Resources had already conducted an investigation and determined that there was no secret mountain or dredge spoil that had been dumped into the Sound.   

                                                     _____________

Tour of Emergency Operations Center.                                                   

Commissioners Tillman, Pate and Chairman Smith expressed dissatisfaction with comments attributed to Emergency Management Director Ed Abel in a newspaper article concerning their absence from a tour of the Emergency Operations Center (EOC) at the Terminal Building at the Glynco Jetport recently. 

Each of these three Commissioners said they were familiar with the EOC operation because they had already taken the tour and participated in previous activities; in addition, Commissioner Pate said he had been deterred from taking the tour because of his extremely pressing work schedule.

            Commissioners Moore and Boyne praised Mr. Abel for his outstanding organization of the EOC.

                                                            __________

Additional Appointments to Beach Nourishment Committee.

            Commissioner Dismer noted that in a previous meeting the Commission discussed proposed appointment of representatives from the additional organizations to serve on the new Beach Management Committee, and he made a motion to expand the membership to include these three positions.

 

                                                *    *    *

            A substitute motion was made by Commissioner Moore and seconded by Commission Hardman, because the Beach Management Committee was getting too large to add the three positions recommended by Commissioner Dismer, and to delete the seven concerned citizen positions.  After brief discussion, both the motion and second were withdrawn.

 

                                                *    *    *

            Commissioner Dismer’s motion adding the following positions to the Beach Management Committee was then unanimously adopted.

                        Butler Mews – Marilyn Parver

                        Glynn Environmental Coalition – Nancy Thomason

                        St. Simons Beach Association – Mrs. Willard A. Snyder

                                               

                                                *    *    *

            Commissioner Boyne asked questions concerning a recently publicized meeting of a committee whose topic of discussion was use of St. Simons Causeway Tolls to finance Beach Nourishment.  He asked when and how authorization was given to this committee to pursue this topic and to the Staff to negotiate such arrangements with the Department of Transportation.

            Commissioner Moore responded that the former Beach Nourishment Task Force formed a committee to look into the feasibility of using toll monies to finance Beach Nourishment, and in 1990 before Commissioner Boyne came on the Commission she made a motion which was adopted, authorizing Staff to take whatever steps were necessary to keep the Beach Nourishment Project on target.

Commissioner Boyne said he did not think the sitting Commission should be bound by actions of former Commissions.  Chairman Smith said any time the Commission voted to do something that action should be perpetuated.

            Both Commissioners Boyne and Hardman asked that the Commission be kept informed of this effort, as well as any other negotiations involving sizeable financing which were voted on and initiated by former Commissions.

                                                _________

 

Proposed Retirement Plan Changes.     

            Commissioner Hardman suggested development of a plan to offer retirees with 20 years of service a continuation of health benefits for both the employee and his/her dependents; these benefits would cease at age 65 unless the qualifying employee became eligible for Medicare or other group coverage sooner; the cost of this sickness and accident to be borne by the employee at a rate not to exceed 102% of the actual cost of the insurance.

            Chairman Smith referred this item to the Personnel Committee for review and recommendation.

 

                                                ___________

Regional Development Center to Administer Drug Law Enforcement Sub-Grant.

            Pursuant to recommendation from Police Chief Carl Alexander, a motion was made by Commissioner Pate and seconded by Commissioner Hardman authorizing Chairman Smith to execute a contract with the Regional Development Center for administration of continuation of a Drug Law Enforcement Sub-Grant awarded by the Governor’s Criminal Justice Coordinating Council to Glynn County for Fiscal Year 1991-1992.

            Unanimously adopted.  (Commissioners Moore and Dismer were not present for this vote.)

                                                _____________

GCIC and NCIC Systems Charges Increase.

            Police Chief Carl Alexander reported that he had received a letter from the Georgia Bureau of Investigations advising that the Police Department, as well as other County offices utilizing GCIC and NCIC Systems, would have to begin paying $200 per month line charges for the service.

            A motion was made by Commissioner Hardman and seconded by Commissioner Pate authorizing Chairman Smith to forward letters to the appropriate agencies protesting this increase.

            Unanimously adopted. (Commissioner Dismer was not present for this vote.)

 

                                                __________

Award of Bid on Landscape Service for New Courthouse

            Building official Vernon Lewis and Landscape Architect Bill Edenfield reported that McDonald Construction Company of Vidalia had submitted the low bid in the amount of $ 130,245.50 on Landscape Improvements for the New Court House.  They expressed concerns regarding McDonald’s selection of Neal Tippett as the sub-contractor for this project, inasmuch as Tippett’s work on the Detention Center had not been satisfactory.

            County Attorney Gary Moore said he felt the low bid of McDonald Construction should be accepted.

            A motion was made by Commissioner Hardman and seconded by Commissioner Boyne accepting the bid of McDonald Construction for this project, subject to receipt of proper bond documents; and authorizing Administrator Stewart and Building Official Vernon Lewis to notify McDonald that the Commission was not happy with their choice of a sub-contractor because of his past performance on the Glynn County Detention Center project.

            Unanimously adopted.  (Commissioner Dismer was not present for this vote.)

 

                                                ____________

Legislation Concerning Service in Civil Suits.

            Commissioner Dismer addressed the matter of proposed legislation which would allow service of initial summons and complaints in civil litigation by certified mail.

            On behalf of the Commission, Chairman Smith accepted this recommendation for information and directed Staff to place it on the agenda of the next regular meeting for consideration at that time.  He also referred it to the Personnel Committee for recommendation.

 

                                                ______________

 

Second Meeting in October Changed.

            A motion was made by Commissioner Tillman and seconded by Commissioner Boyne to change the date of the second Regular Meeting in October from the 17th to the 14th, which would allow Commissioners to attend an ACCG Conference in Atlanta on the 17th.

Unanimously adopted.  (Commissioner Dismer was not present for this vote.)

 

                                                ___________

 

Proposed EEOC Seminar.

            Administrator Stewart asked for authorization to spend up to $3500,  (budgeted), on an EEOC Seminar for County Personnel to be conducted by Tom Rebel.  Administrator Stewart said he and Attorney Gary Moore would work with Mr. Rebel on preparing an agenda for this seminar.

            Chairman Smith assigned this request to the Personnel Committee for recommendation.

                                                ____________

 

 

 

Arts Festival Matters Delegated to Administrator.

            On behalf of the Commission, Chairman Smith designated Administrator Stewart as the Commission’s liaison to resolve matters relating to the upcoming Arts Festival at Neptune Park on St. Simons Island.

 

                                                _____________

 

Proposed Business License Fee Increase.

            On behalf of the Commission, Chairman Smith asked the Finance Committee to review proposed Business License Fee increases, and present recommendation to the full Commission on same.

                                                _____________

Annual Report of County Government Activities.

Administrator Stewart presented preliminary information on publication of an annual report of Glynn County Government activities, and said he would provide additional information, including costs, at the next regular meeting.

_____________

Proposed PA System for Commission Meeting Room.

            Administrator Stewart presented information compiled by Building Official Vernon Lewis and Information Resources Manager Larry Waters on a public address system for the Commission Meeting Room.

            Chairman Smith referred this item to the Finance Committee for review and recommendation.

                                                _______________

Beach Management Committee Scheduled.

            The Commission scheduled the first meeting of the newly formed Beach Management Committee on Monday, October 7, at 4:00 p.m. in the courthouse.

 

                                                ______________

 

 

Tax Bills.

                                               

            Administrator Stewart presented copies of a proposed sticker to be placed on the outside of the 1991 tax bills, showing division of tax proceeds between County Government and the Board of Education.

            The Commission approved the form of this sticker, with the following changes.

            1.         The word schools to be placed in parenthesis beside Board of Education.

            2.         Board of Commissioners to be placed above County General Fund.

 

                                                ______________

Terrell Thomas Nominated for Children and Youth Volunteer.

            A motion was made by Commissioner Moore and seconded by Commissioner Boyne nominating Terrell Thomas for special recognition for exemplary performance with children and youth at a special breakfast to be held at the Ramada Inn Cumberland Room on October 4 from 8:00 a.m. to 9:30 a.m.

            Unanimously adopted.   (Commissioner Dismer was not present for this vote.)

                                                 _____________

Courthouse Change Order.

            A motion was made by Commissioner Boyne and seconded by Commissioner Moore approving recommendations submitted by Building Official Vernon Lewis for Change Order to the Courthouse Construction Project covering removal, priming and reinstallation of windows and filling of air space between brisk and block wall at window openings, at a cost of $13,718 which would come from the project contingency fund.

            Unanimously adopted.   (Commissioner Dismer was not present for this vote.)

                                                ______________

 

Health Insurance Premiums.

            Chairman Smith directed the Personnel Committee to review matters relating to health insurance premiums for retired employees.

           

Unanimously adopted.

                                                _______________

 

 

Paving of Don-El Street Extended.

 

            A motion was made by Commissioner Boyne and seconded by Commissioner Hardman to accept dedication of extension of Don-El Street for a distance of approximately 70 feet, and authorizing staff to extend paving of a 10 foot wide strip of this street for the same distance at a cost of approximately $800.

Unanimously adopted.   (Commissioners Dismer and Moore were not present for this vote.)

________________

 

Clean Community Commission.   

            Daniel Parshley asked that at the next meeting the County Administrator give a detailed explanation on the status of Bruce Elias’ position as clean Community Coordinator.

            Chairman Smith replied that this information would be provided to Mr.Parshley in written form within the next few days.

           

______________­­__

Legal Services for Redistricting Plan.

 Administrator Stewart presented request from Board of Elections

Chairman Cecil Little for authorization to acquire legal services from Attorney Bob Russell to handle submission of the redistricting plan for Glynn County to the Justice Department for approval; approximately 20 hours at $75.00 per hour.

County Attorney Gary Moore said an effort should be made to see if this legal work could be done in-house; also, he was not convinced the County should pay for this service.

            Chairman Smith directed Attorney Moore to apprise the Commission further in this regard prior to the next regular meeting.

 

                                                ________________

 

 

Change to Functional Classification and Federal –aid Urban Systems on St. Simons

Island.   

            A motion was made by Commissioners Boyne and seconded by Commissioner Hardman to adopt the following resolution supporting Georgia Department of Transportation plans to revise the Functional Classification and Federal–aid Urban Systems in the St. Simons Island Urban Area, so that public hearings on this change could be held.

RESOLUTION

 

GEORGIA, Glynn County.

 

WHEREAS, the Georgia Department of Transportation intends to request approval from          

the Federal Highway Administration to revise the Functional Classification and Federal- aid Urban Systems in the St. Simons Island Urban Area; and

 

WHEREAS, these revisions are necessary to provide a better facility north of Malcolm McKinnon Airport for local traffic movement; and

 

WHEREAS, the United States Code, Title 23: Highways, requires that routes on the Federal-Aid Urban System shall be designated by the appropriate local officials with the concurrence of the state highway agency.

 

NOW, THEREFORE, IT IS HEREBY RESOLVED, that the Georgia Department of Transportation take the necessary steps to revise the Functional Classification and Federal –aid Urban Systems as shown on the attached sketch map numbered 709R and as described in the following paragraphs one (1) through three (3):

 

(1)        ADD to the Functional Classification System as an Urban Minor Arterial Street

            and to the Federal-aid Urban System as a section of Federal-aid Urban Route 6001; beginning at a junction of County Road 381 with County Road 584 (Demere Road), approximately 0.24 mile north of County Road 212, and extending in a generally northwesterly direction along County Road 381 to a junction with County Road 584 (Demere Road).

 

            (0.62 mile)

 

(2)        REDESIGNATE a section of Federal-aid Urban Route 6001 as a section of Federal-aid Urban Route 6003 and reclassify its functional classification from an Urban Minor Arterial Street to an Urban Collector Street; beginning at the junction first described in paragraph one (1) above and extending northerly and westerly along County Road 584 (Demere Road) to the junction last described in paragraph one (1) above.

           

            (0.66 mile)                                                

 

 

 

(3)        RECLASSIFY the functional classification from an Urban minor Arterial Street to an Urban Collector Street; beginning at the junction of County Road 212 with County Road 213 (Ocean Boulevard) and extending in a generally westerly direction along County Road 212 to the junction with County Road 584 (Demere Road).

 

            (0.41 mile)

 

IT IS FURTHER RESOLVED, that a certified copy of this resolution be furnished the

Georgia Department of Transportation in Atlanta.

                                                   *    *    *

Unanimously adopted.   (Commissioners Dismer and Moore were not present for

 

this vote).

 

                                                ____________

 

St. Simons Causeway Parking Fee to Finance Beach Nourishment.

 

            A motion was made by Commissioner Tillman and seconded by Commissioner Hardman authorizing Staff to move forward with negotiations, as required, for implementation of a parking fee on the St. Simons Causeway to provide funding for the Beach Nourishment Project.

            Unanimously adopted. (Commissioner Dismer and Moore were not present for this vote)

                                                ____________

 

 

 

 

 

 

 

 

 

Executive Session Called

            A motion was made by Commissioner Tillman and seconded by Commissioner

Boyne to go into Executive Session for the purpose of discussing the following matters.

                        Potential Litigation

                        Personnel Matters

 

Unanimously adopted.

                                                _____________

 

                                                                BOARD OF COMMISSIONERS

    GLYNN COUNTY, GEORGIA

 

                                                                                  

                                                                ______________________________

Joe Smith, Chairman

Attested to and

Prepared by:

 

___________________________

Martha D. Tyre, Deputy Clerk