MINUTES

REGULAR MEETING

GLYNN COUNTY BOARD OF COMMISSIONERS

HISTORIC GLYNN COUNTY COURTHOUSE

701 “G” STREET, 2ND FLOOR, COMMISSIONERS’ MEETING CHAMBERS

THURSDAY, APRIL 5, 2012 AT 6:00 PM

 

PRESENT:                     Richard Strickland, Chairman, District 3

Clyde Taylor, Vice Chairman, At Large Post 1

                                    Amy Callaway, Commissioner, District 1

Tom Sublett, Commissioner, District 2

Mary Hunt, Commissioner, District 4

Jerome Clark, Commissioner, District 5

                                    Bob Coleman, Commissioner, At Large Post 2

 

ALSO PRESENT:           Alan Ours, County Administrator

Aaron Mumford, County Attorney

Cindee Overstreet, County Clerk

 

 

INVOCATION AND PLEDGE       

 

PUBLIC COMMENT PERIOD 

 

Monica Smith asked the County to coordinate the installation of a boardwalk to the lake in Wesley Oaks on St. Simons.

Ben Rainey, speaking for Earnest Hammond who had signed up for the Public Comment Period, asked the Board to consider screening the triangle at the gateway to St. Simons until the natural saltwater marsh replenishes itself.

 

COMMISSION PRESENTATIONS AND ANNOUNCEMENTS

 

Chairman Strickland announced item 8 had been removed from the agenda prior to the meeting.

 

1.         Presented a proclamation designating the months of April and May 2012 for the Great American Cleanup and Jazz-Up Brunswick & the Golden Isles Campaign.  (R. Strickland) 

 

PUBLIC HEARING – Alcoholic Beverage License

 

2.         Consider the issuance of a 2012 alcoholic beverage license for UMA Convenience Store, 6110 Altama Avenue, Brunswick, GA.   The license is to sell malt beverages and wine, not for consumption on premises of a convenience store.  Sunday sales permitted.  This is a new license for 2012.   Jashbhai Patel, licensee (Occupation Tax/Chief Doering) Link

 

Jashbhai Patel, licensee, was present at the meeting as required by ordinance. Police Chief Matt Doering said the applicant met the requirements for consideration of issuance of the license.

This item was opened for public comment, yet no one addressed the Board.

 

A motion was made by Commissioner Taylor and seconded by Commissioner Hunt to approve the issuance of a 2012 alcoholic beverage license for UMA Convenience Store. The motion carried unanimously.

 

3.         Consider the issuance of a 2012 offsite alcoholic beverage catering license for Cloister Catering, 100 Cloister Drive, Sea Island, GA.   The license is to sell distilled spirits, malt beverages and wine, for consumption on premises at offsite catering events.  Sunday sales permitted.  This is a new license for 2012.   Amy Johannes, licensee (Occupation Tax/Chief Doering)  Link

 

The alcoholic beverage catering ordinance requires applicants of an offsite catering license to hold a valid alcoholic beverage license. Ms. Johannes holds such a license for Cloister Catering. The ordinance does not require the applicant to be present at the public hearing and Ms. Johannes did not attend. Police Chief Matt Doering said the applicant met the requirements for the license.  Attorney Rita Spalding was present representing the applicant.

                        This item was opened for public comment, yet no one addressed the Board.

           

A motion was made by Commissioner Sublett and seconded by Commissioner Taylor to approve the issuance of a 2012 off-premises alcoholic beverage catering license for Cloister Catering. The motion carried unanimously.

 

PUBLIC HEARING – Land Use

 

4.         ZM2337 (M) Reserve Phase II  - Consider a request to rezone from PD (Planned Development) to MR (Medium Residential) 4.25 acres described as the eastern portion of Peppertree Crossing Phase II. The property has 103 feet of frontage on Altama Avenue. The purpose of the request is to expand an adjacent multi-family development. Parcel Numbers 03-22920,  03-22921,  03-22922,  03-22923,  03-22924,  03-22925,  03-22926,  03-22927,  03-22928,  03-22929,  03-22930,  03-22931,  03-22932,  03-22933,  03-22934,  03-22935,  03-22936,  03-22937,  03-22953,  03-22954,  03-22955,  03-00917 and a portion of   03-16721,  03-22938,  03-22901. J R Wright, owner. (D Hainley) Link

 

The applicant requested this item be deferred to the Board’s May 3, 2012, meeting.

 

A motion was made by Commissioner Sublett and seconded by Commissioner Callaway to defer this item to the Board’s May 3, 2012, meeting. The motion carried unanimously.

 

5.         SUP2334 (M) Plaid Moose Maze - Consider a request for a special use permit for a place of public assembly under Section 704.3 of the Zoning Ordinance. The 20-acre site is part of a 420-acre parcel and is located at the intersection of Highway 82 and Telephone House Road. The purpose of the special use permit is to allow outdoor recreation and festival activities.  Parcel Number: 02-01966. Cameron Owens, agent for David Kauderer, owner. (D Hainley)  Link

 

                This request is to allow for a corn maze and fall festival. The applicant intends to use this site for farming and agricultural activities. The property is zoned Forest Agricultural, which allows community fairgrounds and public assembly as a special use as long as there are 5 acres.

                This item was opened for public comment and Cameron Owens was present to answer questions.

 

A motion was made by Commissioner Callaway and seconded by Commissioner Coleman to approve SUP2334, subject to meeting all requirements to continuously operate the festival event for three (3) months each year. The motion carried unanimously. Known as Resolution #R-13-12

 

 

CONSENT AGENDA – General Business

 

6.         Approved the minutes of the special called meeting held March 20, 2012, and regular meeting held March 15, 2012, subject to any necessary corrections.  (C. Overstreet)

 

7.         Approved the Georgia Emergency Management Agency (GEMA) Homeland Security Statewide Mutual Aid and Assistance Agreement. (J. Wiggins)  Link

 

8.         PV2340 (M) Peppertree Crossing Phase II - Approve the vacation of a portion of Peppertree Crossing Phase II final plat. The portion to be vacated includes lots 19-38, and portions of rights of-way, and common areas. The property is zoned PD (Planned Development). Parcel Numbers   03-22920,  03-22921,  03-22922,  03-22923,  03-22924,  03-22925,  03-22926,  03-22927,  03-22928,  03-22929,  03-22930,  03-22931,  03-22932,  03-22933,  03-22934,  03-22935,  03-22936,  03-22937,  03-22953,  03-22954,  03-22955,  03-00917 and a portion of   03-16721,  03-22938,  03-22901. J. R. Wright, owner.  (D Hainley) This item was removed from the agenda prior to the meeting.

 

9.         Approved an amendment to the Public Comment Period Policy to increase the number of times an individual can address the Board in a calendar year and to remove the Chairman’s ability to terminate or suspend the Public Comment Period. (B. Coleman) Link

 

A motion was made by Commissioner Taylor and seconded by Commissioner Sublett to approve all items on the consent agenda, with the exception of item 8 which was removed from the agenda. The motion carried unanimously.

 

GENERAL BUSINESS

 

10.       Consider approval of a Resolution authorizing the use of Eminent Domain for the acquisition of portions of the following properties for the public purpose of roadway improvements designated as the State Route 25 SPUR Extension Project­:  Link

 

a)       101 Gallery Way, Brunswick, GA (Parcel #03-19668);

b)       161 Gallery Way, Brunswick, GA (Parcel #03-19689);

c)       165 Gallery Way, Brunswick, GA (Parcel #03-19690);

d)       167 Gallery Way, Brunswick, GA (Parcel #03-19691);

e)       171 Gallery Way, Brunswick, GA (Parcel #03-19692);

f)        173 Gallery Way, Brunswick, GA (Parcel #03-19693); and

g)       175 Gallery Way, Brunswick, GA (Parcel #03-19694). 

 

RESOLUTION OF CONDEMNATION

 

Be it hereby resolved by the Glynn County Board of Commissioners that:

WHEREAS, pursuant to O.C.G.A. § 32-4-42, a county shall have the authority to acquire real property or any interest therein for public road purposes;

WHEREAS, Glynn County and the Georgia Department of Transportation have laid out and determined to make roadway improvements designated as the State Route 25 SPUR Extension Project­ (the “Project”), more fully shown on a map and drawing on file in the office of the Glynn County Engineer, 1725 Reynolds Street, 2nd Floor, Brunswick, Georgia;

WHEREAS, it is necessary to acquire a portion of 28 parcels of property to obtain the necessary right-of-way for the Project;

WHEREAS, Glynn County has acquired the necessary right-of-way across 20 of the 28 parcels;

WHEREAS, Glynn County is currently in negotiations with the owners of 8 parcels to acquire the necessary right-of-way across those parcels;

WHEREAS, based upon the information and facts available to it, and after considering the feasibility, practicality, and desirability of available options, the Glynn County Board of Commissioners, using its discretion and judgment as the governing authority of Glynn County, finds that in order to maintain the projected schedule of roadway improvements it is necessary that the remaining right-of-way for the Project be acquired without delay;

NOW, THEREFORE, BE IT RESOLVED by the Glynn County Board of Commissioners, acting in its capacity as the governing authority of Glynn County, that the circumstances are such that it is reasonably necessary that the property described and shown by Exhibit “A” be acquired by condemnation under the provisions of Official Code of Georgia Annotated, Sections 22-3-140 and 32-3-1 et seq.

IT IS FURTHER RESOLVED by the Glynn County Board of Commissioners, acting in its capacity as the governing authority of Glynn County, that Glynn County proceed to acquire the title, estate, or interest in the lands hereinafter described in Exhibit “A” to this Resolution by condemnation under the provisions of the said Code, and the Attorney and legal representatives for Glynn County are authorized and directed to file condemnation proceedings to acquire said title, estate, or interest in said lands, all in accordance with the provisions of the Code. Exhibit “A”, attached hereto, is incorporated by reference as if set out fully herein.

This Resolution shall be effective upon adoption.

Exhibit “A”

1)      101 Gallery Way, Brunswick, GA (Parcel #03-19668):                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        

PROJECT: State Route 25 Spur Extension

PARCEL: 10

Required Right-of-Way: 0.007 Acres

OWNER: Jonathon Overholt

All that land lying and being in the 1356th Georgia Militia District of Glynn County, Georgia, being more particularly described as follows:

BEGINNING at a point located 48.43 feet left of and opposite SR 99 Construction Centerline Station 151+12.53, said point being also located on the north existing right of way line of SR 99; thence, N 52° 36’ 50” E a distance of 71.27 feet to a point located on the Grantor’s east property line; thence, S 0° 03’ 06” W along said east property line a distance of 11.10 feet to a point located at the intersection of said east existing property line and the north existing right of way line of SR 99; thence, S 60° 23’ 35” W along said  north existing right of way line a distance of 65.12 feet back to said POINT OF BEGINNING. Said described area consists of 0.007 acres.

2)      175 Gallery Way, Brunswick, GA (Parcel #03-19694):

PROJECT: State Route 25 Spur Extension

PARCEL: 11

Required Right-of-Way: 0.018 Acres

OWNER: Jonathon Overholt

All that land lying and being in the 1356th Georgia Militia District of Glynn County, Georgia, being more particularly described as follows:

BEGINNING at a point located 48.25 feet left of and opposite SR 99 Construction Centerline Station 152+92.91, said point being also located at the intersection of the north existing right of way line of SR 99 and the Grantor’s west property line; thence, N 29° 38’ 37” W along said west property line a distance of 21.76 feet to a point; thence, N 76° 11’ 58” E a distance of 62.36 feet to a point located on the Grantor’s east property line; thence, S 0° 00’ 25” W along said east property line a distance of 5.50 feet to a point located at the intersection of said east existing property line and the north existing right of way line of SR 99; thence, S 60° 23’ 52” W along said  north existing right of way line a distance of 57.27 feet back to said POINT OF BEGINNING. Said described area consists of 0.018 acres.

3)   173 Gallery Way, Brunswick, GA (Parcel #03-19693):

            PROJECT: State Route 25 Spur Extension

            PARCEL: 12

            Required Right-of-Way: 0.012 Acres

            OWNER: Jonathon Overholt

All that land lying and being in the 1356th Georgia Militia District of Glynn County, Georgia, being more particularly described as follows:

BEGINNING at a point located 53.23 feet left of and opposite SR 99 Construction Centerline Station 153+52.49, said point being also located on the Grantor’s west property line; thence, N 60° 20’ 31” E along a distance of 106.32 feet to a point located on the Grantor’s east property line; thence, S 23° 00’ 01” E along said east property line a distance of 4.90 feet to a point located at the intersection of said east existing property line and the north existing right of way line of SR 99; thence, S 60° 23’ 33” W along said  north existing right of way line a distance of 108.47 feet to a point located at the intersection of said north existing right of way line and the Grantor’s west property line; thence, N 0° 00’ 25” E along said west property line a distance of 5.50 feet back to said POINT OF BEGINNING. Said described area consists of 0.012 acres.

            4)         171 Gallery Way, Brunswick, GA (Parcel #03-19692):

            PROJECT: State Route 25 Spur Extension

            PARCEL: 13

            REQUIRED RIGHT-OF-WAY: 0.008 Acres

            OWNER: Jonathon Overholt

All that land lying and being in the 1356th Georgia Militia District of Glynn County, Georgia, being more particularly described as follows:

BEGINNING at a point located 49.92 feet left of and opposite SR 99 Construction Centerline Station 154+57.63, said point being also located at the intersection of the north existing right of way line of SR 99 and the Grantor’s west property line; thence, N 23° 00’ 01” W along said west property line a distance of 4.90 feet to a point; thence, N 60° 20’ 31” E a distance of 73.63 feet to a point located on the Grantor’s east property line; thence, S29° 39’ 17” E along said east property line a distance of 4.94 feet to a point located at the intersection of said east existing property line and the north existing right of way line of SR 99; thence, S 60° 23’ 33” W along said  north existing right of way line a distance of 74.20 feet back to said POINT OF BEGINNING. Said described area consists of 0.008 acres.

            5)         167 Gallery Way, Brunswick, GA (Parcel #03-19691):

PROJECT: State Route 25 Spur Extension

PARCEL: 14

REQUIRED RIGHT-OF-WAY: 0.007 Acres

OWNER: Jonathon Overholt

All that land lying and being in the 1356th Georgia Militia District of Glynn County, Georgia, being more particularly described as follows:

BEGINNING at a point located 51.78 feet left of and opposite SR 99 Construction Centerline Station 155+31.34, said point being also located at the intersection of the north existing right of way line of SR 99 and the Grantor’s west property line; thence, N 29° 39’ 17” W along said west property line a distance of 4.94 feet to a point; thence, N 60° 20’ 31” E a distance of 60.00 feet to a point located on the Grantor’s east property line; thence, S 29° 39’ 16” E along said east property line a distance of 4.99 feet to a point located at the intersection of said east existing property line and the north existing right of way line of SR 99; thence, S 60° 23’ 33” W along said  north existing right of way line a distance of 60.00 feet back to said POINT OF BEGINNING. Said described area consists of 0.007 acres.

            6)         165 Gallery Way, Brunswick, GA (Parcel #03-19690):

PROJECT: State Route 25 Spur Extension

PARCEL: 15

REQUIRED RIGHT-OF-WAY: 0.005 Acres

OWNER: Sean M. Smith and Lonnie M. Boyd

All that land lying and being in the 1356th Georgia Militia District of Glynn County, Georgia, being more particularly described as follows:

BEGINNING at a point located 53.78 feet left of and opposite SR 99 Construction Centerline Station 155+90.91, said point being also located at the intersection of the north existing right of way line of SR 99 and the Grantor’s west property line; thence, N 29° 39’ 16” W along said west property line a distance of 4.99 feet to a point; thence, N 62° 46’ 24” E a distance of 60.05 feet to a point located on the Grantor’s east property line; thence, S 29° 39’ 16” E along said east property line a distance of 2.49 feet to a point located at the intersection of said east existing property line and the north existing right of way line of SR 99; thence, S 60° 23’ 33” W along said  north existing right of way line a distance of 60.00 feet back to said POINT OF BEGINNING. Said described area consists of 0.005 acres.

            7)         161 Gallery Way, Brunswick, GA (Parcel #03-19689):

            PROJECT: State Route 25 Spur Extension

PARCEL: 16

REQUIRED RIGHT-OF-WAY: 0.002 Acres

OWNER: Jonathon Overholt

All that land lying and being in the 1356th Georgia Militia District of Glynn County, Georgia, being more particularly described as follows:

BEGINNING at a point located 56.23 feet left of and opposite SR 99 Construction Centerline Station 156+50.45, said point being also located at the intersection of the north existing right of way line of SR 99 and the Grantor’s west property line; thence, N 29° 39’ 16” W along said west property line a distance of 2.49 feet to a point; thence, N 62° 46’ 24” E a distance of 60.05 feet to a point located at the intersection of the Grantor’s east existing property line and the north existing right of way line of SR 99; thence, S 60° 23’ 33” W along said  north existing right of way line a distance of 60.00 feet back to said POINT OF BEGINNING. Said described area consists of 0.002 acres.

 

A motion was made by Commissioner Sublett and seconded by Commissioner Taylor to approve a resolution authorizing the use of Eminent Domain for the Spur 25 extension to Hwy 99. The motion carried 4-3 with Commissioner Clark, Commissioner Callaway, and Commissioner Hunt opposed.  Resolution #R-14-12

 

EXECUTIVE SESSION

 

The Board did not hold an executive session during this meeting.

 

There being no further business, the meeting was adjourned at 6:40 p.m.

 

 

                                                                                    ____________________________

Richard Strickland, Chairman

                                                                                    Board of Commissioners

                                                                                    Glynn County , Georgia

Attest:

 

 

_____________________________

Cindee S. Overstreet, Clerk