MINUTES

REGULAR MEETING

GLYNN COUNTY BOARD OF COMMISSIONERS

HISTORIC GLYNN COUNTY COURTHOUSE

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

THURSDAY, MAY 17, 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  - No requests were received during the sign up period. Therefore, no public comments were heard by the Board of Commissioners during the scheduled Public Comment Period.

 

COMMISSION PRESENTATIONS AND ANNOUNCEMENTS

 

1.         Proclaimed the week of May 20-26, 2012, as Emergency Medical Services Week and commend the EMS responders of the Glynn County Fire Department for their efforts in providing this vital service to our citizens and visitors. (R. Strickland)

 

BUDGET ADOPTION

 

2.         Consider adopting the FY 12-13 budget.  Memo       Resolution       Attachment

 

County Finance Director Phyllis McNicoll presented the FY 13 budget. There were three funds out of balance.

                                                                                                                                                                Capital

                                                                General Fund                    Fire Fund                             Projects Fund   

Revenues                            $47,294,238                        $5,140,442                           $        -     

Expenditures                     $49,753,128                        $6,474,253                           $1,818,500

    Difference                      $(2,458,890)                       $(1,333,811)                       $(1,818,500)

 

State law requires the budget be balanced at adoption. The Commissioners discussed taking money from the General Fund to balance the budget, increasing the millage rate to balance the budget, or using a combination of the two.

 

The millage increase for the General Fund would consist of 0.62 mills. The Fire Fund increase would be 0.38 mills, and the Capital Projects Fund would be 0.46 mills. These millage rates are approximate and are based on the estimated tax digest.  The Capital Projects Fund is new this fiscal year and was created to provide funding for the County’s new Capital Improvements Plan (CIP).

 

It was decided to use the money earned in interest from the $18,284,048 settlement between Glynn County and Honeywell International, Inc., formerly known as Allied Chemical Corporation and LCP to balance the General Fund budget. The Fire Fund and Capital Projects Fund would be balanced by a millage increase.

 

A motion was made by Commissioner Hunt and seconded by Commissioner Sublett to adopt the FY13 budget for selected funds using the fund balance in the General Fund and property taxes in the Fire Protection Fund and Capital Projects Fund to balance the budget. The motion carried 6-1 with Commissioner Coleman opposed.  Resolution #R-15-12

 

 

PUBLIC HEARING – Abandonment

 

3.         Consider the abandonment of a portion of Bateau Circle right-of-way between Bateau Circle and the marsh in the Deerwood Estates subdivision. (P. Andrews)  Link

           

                Interim County Engineer Paul Andrews reported the following:

SOURCE OF TITLE: The plat for Deerwood Estates recorded on October 1, 1974 in deed book 13, page 494 shows this section of right-of-way.  The plat contains language that dedicates the right-of-way to the County.

PRESENT USE OF RIGHT-OF-WAY: This portion of the right-of-way is currently used as access to the house located on parcels 19-20. It is improved with a paved driveway for this purpose. Also, power to the house located on parcels 19-20 is under this section of the right-of-way.

PAST HISTORY: To the best of staff’s determination, this portion of the right-of-way has not been opened as a street to the public since dedication.

POTENTIAL USE IN THE FUTURE: This portion of the right-of-way could be used for access to adjacent property and the marsh. It could also be used to access and contain utilities.

BENEFIT TO PUBLIC IN CONTINUING USAGE: The public will continue to benefit from the ability to use this right-of-way for access and/or utilities.

BENEFIT TO PUBLIC IN ABANDONMENT: Abandonment would return the property to the tax digest.

APPLICANT:  Charles Boynton and Sandra Boynton

 

As indicated above, a portion of the area requested for abandonment is currently being used for access to lot 19. The driveway is not shown on the survey presented with the application, but is evident at the site. The Community Development Department has said the remaining 25-ft right-of-way would be sufficient to provide legal access to lot 19 and therefore this abandonment would not result in lot 19 being without legal access. No solution has been presented by the applicant regarding moving/relocating the current driveway access off of the portion of the right-of-way that the County is being requested to abandon. Also, the Georgia Coastal Resources Division of the Department of Natural Resources asserts that this abandonment will not abandon the States rights to the marsh area.

 

Finally, the section of right-of-way being requested to abandon currently has underground power and a drainage swale on it. Okefenokee Rural Electric Membership Corporation (OREMC) has requested that the County retain an easement for its utility. The drainage swale will have to be relocated to the remaining right-of-way at the time that the current swale is altered and be piped to provide roadside drainage while minimizing ongoing maintenance issues.

 

Joe Little, owner of 284 Bateau Circle, responded to the proposed abandonment via letter. Mr. Little was present at the meeting.  He explained his maintenance of the right-of-way and voiced his opposed to the abandonment because of the close proximity the drain field line would be to his well.  

                Joe McMillan, also responding via written correspondence, was opposed to the abandonment because it would restrict access to the 125 acres of marsh (240 Anchor Drive, Property ID 02-00529) that he pays property taxes on.  Mr. McMillian was present at the meeting and requested the abandonment be denied.

Foster Lindberg, attorney for applicant, said Mr. Little’s driveway could remain and the Environmental Health Department has said the drain field line would not be near Mr. Little’s well. Abandonment of the easement would allow the applicant to build a home larger than two bedrooms.  Bill Jenkins with Environmental Health was present at the meeting and confirmed the drain field would meet the current requirements for field line location and would not to affect the wells.

John Rivers, attorney for Mr. Little, said Mr. Little purchased his property more than 30 years ago. He has provided sprinklers on the property and has maintained it for himself, the neighborhood and for the County. He said closing the right-of-way would prohibit the citizens from having access to the property.  He said he had a petition from the neighborhood asking that the right-of-way remain open.

Kevin McClain lives in the neighborhood and he said his children use the right-of-way to access the marsh and voiced opposition to the abandonment.

Mitchell Little, owner of the property on the other side of the Boynton property, was also opposed to the abandonment. He too was concerned about the sewer drain field location with regard to his well.

 

A motion was made by Commissioner Callaway and seconded by Commissioner Sublett to approve the abandonment but require a private access easement to be executed to provide for the existing driveway. This alternative will allow continued use of the existing driveway in a private access easement. Easements for OREMC and an agreement to the drainage relocation are also required. The motion carried 5-2 with Commissioner Clark and Commissioner Coleman opposed. Resolution #R-16-12

 

 

PUBLIC HEARING – Land Use

 

4.         ZM2347 (M)–Consider a request to rezone from R-6 (Single Family Residential) and LI (Limited Industrial) Zoning Districts to GI (General Industrial) Zoning District two parcels

            totaling approximately 13.96 acres located at 4200 Southern Road. The purpose of the request is to allow the existing landfill as a permitted use, rather than a nonconforming use. Parcel ids: 03-09031 & 03-09032. Belinda Nash, agent for J.D. Eller of Eller-Whitlock Avenue Disposal Site, Inc., owner. (D. Hainley)  Link

 

The purpose of this application is to allow the existing construction debris landfill as a permitted, rather than continuing to be a nonconforming use. The landfill has been on this site for over thirty (30) years.

The Mainland Planning Commission and staff recommended approval of the application.

This item was opened for public comment, and Belinda Nash requested approval.

 

A motion was made by Commissioner Sublett and seconded by Commissioner Clark to approve the rezoning application ZM2347. The motion carried unanimously.  Resolution #R-17-12

 

5.         ZM2358 (M) – Consider a request to rezone from HC (Highway Commercial) to PD (Planned Development) a 10.189 acre property located at 106 Sunbelt Way. The purpose of the rezoning is to allow mixed use of residential uses permitted in MR (Medium Residential) and commercial uses permitted in GC (General Commercial). Parcel ID: 02-02159. Robert Jenkins, agent for Bill Kirby, owner. (D. Hainley)  Link

 

The purpose of this application is to allow for a multi-family dwelling unit and to retain the ability to use the property for commercial use. The application would rezone to allow mixed use of residential uses permitted in MR (Medium Residential), and commercial uses permitted in GC (General Commercial).

The Mainland Planning Commission and staff recommended approval of the application.

This item was opened for public comment and Jerrod Drury asked what kind of homes would be built.  He was concerned that Section 8 housing may be allowed. Community Development Director David Hainley answered that the rezoning did not allow for Section 8, but single family detached, commercial, town houses, etc. could be built there.

 

A motion was made by Commissioner Callaway and seconded by Commissioner Sublett to approve the rezoning application ZM2358. The motion carried unanimously.  Resolution #R-18-12

 

6.         TA2363 (M) – Consider an amendment to Article VIII, Sections 805.1 (o), 808.1 (e), 809 (d) 1 (i), 810.2, 811.2, 811.7, and 812 of the Glynn County Zoning Ordinance to provide for clarification of prohibited signs, additional standards for banners and outdoor advertising signs, allowable signs in NC (Neighborhood Commercial) districts and VMU (Village Mixed Use) districts, modification of compliance time for violations, and for other purposes. (D. Hainley)  Link

 

Community Development Director David Hainley asked that this item be referred back to the Planning Commissions so that a few technical issues could be resolved.

 

A motion was made by Commissioner Taylor and seconded by Commissioner Hunt to refer the proposed ordinance amendment back to the Planning Commissions. The motion carried unanimously.

 

 

CONSENT AGENDA – General Business

 

7.         Approve the minutes of the regular meeting held May 3, 2012, and the special called meetings held May 7, 2012, and May 10, 2012. (C. Overstreet)

 

8.         Accept the Georgia Department of Transportation (GDOT) grant for Project No. AP012-9019-47(127) to improve the McKinnon St. Simons Island Airport - Skylane Perimeter Road and Security and Runway Improvements in the amount of $499,108 with no financial assistance required of Glynn County. (S. Brian)  Link

 

CONSENT AGENDA – Finance Committee

 

9.         Adopt the Resolution to amend the FY11/12 Budget. (FC Vote: 3-0)  Resolution #R-19-12 LINK

 

10.       Deny a request from Mr. William Hardin III that $309.52 paid in penalties and interest on his 2009 property taxes be refunded.  (FC Vote: 3-0)  LINK

 

11.       Deny a request from Mr. Max Emery that $459.32 paid in interest and penalties on his mobile home be refunded. (FC Vote: 3-0)  LINK

 

12.       Deny a request from Ms. Betty Sanders that $70.16 paid in penalties and interest on her 2009 property taxes be refunded. (FC Vote: 3-0)  LINK

 

13.       Approve the corrections to the digest as recommended by the Board of Assessors and the Chief Appraiser at their Tuesday, March 20, 2012, April 3, 2012, and April 17, 2012, meetings with clarification that these do not approve tax refunds.  (FC Vote:   3-0)

 

14.       Award the bid for the replacement of the Courthouse fire pump controller and power transfer switch to the lowest responsive and responsible bidder, Harvin Carter & Associates, Inc., in the amount of $28,457 with funds to be provided by the Facilities Maintenance Department operating budget.  (FC Vote:   3-0) LINK

 

A motion was made by Commissioner Hunt and seconded by Commissioner Clark to approve all items on the consent agenda. The motion carried unanimously.

 

GENERAL BUSINESS

 

15.       Consider approving a budget increase of $264,498 for Property and Liability Claims expense with funding to be provided by the Administrator’s Contingency Fund.   (FC Vote:  3-0)  LINK

            A motion was made by Commissioner Taylor and seconded by Commissioner Sublett to increase the budget of Property and Liability Claim expense by $264,498 with funding to be provided by the Administrator’s Contingency Fund. The motion carried unanimously.

 

16.       Consider authorizing the Chairman to execute the supplemental agreement between the Georgia Department of Transportation (GDOT) and Glynn County for carry over funding in the combined amount of $346,936.95, of which $277,549.56 is the federal share. This is for the Brunswick Metropolitan Planning Organization (MPO) and is recommended by the Brunswick Area Transportation Study (BATS) Policy Committee. Section 5303 PL000-0010-00-259 PI Number 0010259 (FC Vote:  3-0) LINK

 

A motion was made by Commissioner Callaway and seconded by Commissioner Clark to authorize the Chairman to execute the supplemental agreement between the Georgia Department of Transportation (GDOT) and Glynn County for carry over funding in the combined amount of $346,936.95. The motion carried unanimously.

 

17.       Consider awarding the bid for bathhouse facility at Blythe Island Regional Park to TRH Construction Company from Brunswick, GA in the amount of $249,870 with funding to be provided by SPLOST 5.  (FC Vote:   3-0) LINK

 

A motion was made by Commissioner Sublett and seconded by Commissioner Taylor to award the bid for the bathhouse facility at Blythe Island Regional Park to TRH Construction Company in the amount of $249,870, with funding to be provided by SPLOST 5 and SPLOST 5 interest funds. The motion carried unanimously.

 

18.       Consider awarding the bid for County Building Custodial Services to the lowest responsive and responsible bidder, Performance Cleaning Group, Tampa, FL., in the amount of $176,940 with funding to be provided from the Facilities Maintenance Department operating budget. (FC Vote:  3-0) LINK

 

A motion was made by Commissioner Taylor and seconded by Commissioner Hunt to award the bid for County Building Custodial Services to the lowest responsive and responsible bidder, Performance Cleaning Group, Tampa FL., in the amount of $176,940 with funding to be provided from the Facilities Maintenance Department operating budget.  The motion carried unanimously.

 

19.       Consider adoption of an amendment to Section 2-2-13(c) 9 of the Glynn County Code of Ordinances to add “services” to the type of purchase that can be made through a contract with the State of Georgia, the Federal Government, or other Local Government Cooperative Programs when such actions are lower in price than competitive bidding could provide or advantageous to operational efficiency. (R. Strickland)  Link

 

A motion was made by Commissioner Clark and seconded by Commissioner Taylor to approve this ordinance amendment. The motion carried unanimously.   Ordinance #O-2012-04

 

20.       Approve a resolution of support for REA Ventures Group, LLC, for a Georgia Department of Community Affairs (DCA) Application for an Affordable Housing Tax Credit financing contract and authorize the Chairman and County Administrator to sign letters of support.  The financing will be for a proposed 56-unit apartment complex, Abbington Woods, located on South Port Parkway adjacent to the new Risley Middle School under construction. The County has no financial responsibility for the proposed development. (D. Hainley)  Link

 

Director Hainley said the 80-unit complex has been changed to 56-units and the developer is Abbington Woods, LLC. This is a DCA application requirement. Shawn Grady with Glynn Abbington Woods, LLC was present and provided an overview of the proposed apartment complex.

 

A motion was made by Commissioner Sublett and seconded by Commissioner Callaway to approve. The motion carried unanimously.  Resolution #R-20-12

 

21.       Consider accepting a grant from the Georgia Department of Transportation (GDOT) in the amount of $213,000 to stripe nine roads within the county and authorize the chairman and appropriate staff members to sign the certifications subject to County Attorney approval of the documents.  GDOT P.I. Number 0010865 (D. Hainley)   Link

 

A motion was made by Commissioner Taylor and seconded by Commissioner Callaway to approve. The motion carried unanimously.

 

 

EXECUTIVE SESSION

 

A motion was made by Commissioner Hunt and seconded by Commissioner Coleman to adjourn to executive session to discuss pending litigation.  The motion carried unanimously.

 

Back in Session

 

A motion was made by Commissioner Sublett and seconded by Commissioner Hunt to adjourn executive session and enter regular session. The motion carried unanimously.

 

A motion was made by Commissioner Hunt and seconded by Commissioner Callaway to approve the minutes of the March 15, 2012, executive session. The motion carried unanimously.

 

A motion was made by Commissioner Taylor and seconded by Commissioner Sublett to accept the County Attorney’s recommendation regarding pending litigation. The motion carried unanimously.

 

There being no further business, the meeting was adjourned at 8:13 p.m.

 

 

                                                                                    ____________________________

Richard Strickland, Chairman

                                                                                    Board of Commissioners

                                                                                    Glynn County , Georgia

Attest:

 

 

_____________________________

Cindee S. Overstreet, Clerk