MINUTES

REGULAR MEETING

GLYNN COUNTY BOARD OF COMMISSIONERS

HISTORIC GLYNN COUNTY COURTHOUSE

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

THURSDAY, SEPTEMBER 18, 2014 AT 6:00 PM

 

PRESENT:                     Michael Browning, Chairman, District 1

Bob Coleman, Vice Chairman, At Large Post 2

Dale Provenzano, Commissioner, District 2

Richard Strickland, Commissioner, District 3

Mary Hunt, Commissioner, District 4

Allen Booker, Commissioner, District 5

Clyde Taylor, Commissioner, At Large Post 1

 

ALSO PRESENT:           Alan Ours, County Administrator

Aaron Mumford, County Attorney

 

INVOCATION AND PLEDGE

 

PUBLIC COMMENT PERIOD No one signed up to speak during the public comment period.

 

COMMISSION PRESENTATIONS AND ANNOUNCEMENTS

 

Chairman Browning announced item 34 was removed from the agenda prior to the meeting.

 

PUBLIC HEARING – Alcoholic Beverage License

 

1.         Consider the issuance of a 2014 alcoholic beverage license for Vansh Corner, 310 Old Jesup Road, 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 2014 license. Heli Patel, licensee. (Occupation Tax/Chief Doering) REPORT

 

Heli 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 Hunt and seconded by Commissioner Taylor to approve the issuance of a 2014 alcoholic beverage license to Vansh Corner. The motion carried unanimously.

 

PUBLIC HEARING – Land Use

 

2.         ZM2878 Sea Palms Fitness Center - Consider a request to amend the PD Text (Planned Development) for the Sea Palms Resort located on the east side of North Windward Drive.  The purpose of the request is to reduce the setbacks for the property.  Parcel ID: 04-14089.  Gamble & Gamble Architects, agent for Sea Palms Resort and Conference Center LLC, owner (D. Hainley) REPORT

 

Community Development Director David Hainley reported the applicant is requesting a reduction in the setback to allow for the construction of a 1,377 square foot fitness center. The amendment to the PD text would reduce the setback from twenty feet to six feet from the right of way easement. The Islands Planning Commission and staff recommended approval of the application.

This item was opened for public comment and the applicant was present to answer questions.

 

A motion was made by Commissioner Strickland and seconded by Commissioner Hunt to approve ZM2878 to amend the Planned Development Text to reduce the setback for Club House Facilities from twenty feet to six feet from the right-of-way access easement. The motion carried unanimously.  Resolution #R-33-14

 

3.         ZM2882 The Palmettos at Demere (aka The Reserve at Demere) - Consider a request to rezone a parcel from FA (Forest Agricultural) to PD (Planned Development) and amend the Planned Development Text for The Palmettos at Demere. The purpose of the request is to incorporate this 0.67-acre parcel into The Palmettos at Demere. Parcel ID: 04-14458. Bill Edenfield, agent for Celia Mitchell Buchanan and W. Eugene Caldwell, Sr., owners. (D. Hainley) REPORT

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Community Development Director David Hainley reported this application was to rezone the parcel from FA to PD and incorporate the land area (.67 acre) into the greater planned development of the Palmettos at Demere. It would also modify the PD text. The anticipated type of residential units (townhouses) and project density would not be permitted in FA zoning.

The Islands Planning Commission and staff recommended approval of the rezoning.

Commissioner Hunt was concerned about the wetlands at Demere. This item was opened for public comment and Tommy Stroud on behalf of the Plantation Village Property Owners Association addressed the Board regarding the traffic challenges at the Reserve at Demere. Bill Edenfield addressed the Board regarding the zoning perspective and wanted to clarify that the concerns presented were not germane in his eyes to the rezoning request as there were no wetlands on this property. Gene Caldwell addressed the Board on behalf of himself and Glouster Buchanan who are former owners of the property to convey to the commissioners that the property was not wetlands and is high ground. They have no opposition to the use of the property with the rezoning. Monica Smith presented a PowerPoint containing pictures of the property with changes that have been made to it since 2004. She said the rezoning request seemed inappropriate as it would be difficult to hold anyone responsible for anything being done on the property because the rezoning from FA to PD comes from one owner and the PD amendments affect property owned and obligations assumed by others. She also said that it seems inappropriate for the site clearing and filling to have commenced before either the rezoning or change in PD were approved by the commission. James Holland presented a PowerPoint and filed a citizen’s complaint against the site.  He stated that there were no Best Management Practices (BMPs) on the land that has been cleared to keep the sediment on site. Joann Cook addressed the Board regarding the need for due diligence on the county’s part in terms of compliance.

            Commissioner Coleman asked staff to review the BMPs and provide an update to the commissioners.

 

A motion was made by Commissioner Strickland and seconded by Commissioner Taylor to approve ZM2882 to rezone the property from FA to PD and amend the Development Text for the Palmettos at Demere. The motion carried 5-2 with Commissioner Hunt and Commissioner Coleman opposed. Resolution #R-34-14

 

CONSENT AGENDA – General Business

 

4.         Approved the minutes of the special called meetings held June 17, 2014, July 15, 2014, August 19, 2014, and August 26, 2014, as well as the minutes of the regular meeting held September 4, 2014, subject to any necessary corrections. (C. Overstreet)

 

5.         Appointed Neal Mann, Glynn County Fire Department Captain of Rescue, to serve on the Southeast Georgia Emergency Medical Services (EMS) Region IX Council. This is the unexpired term of retired Fire Chief Al Thomas. The term begins immediately and ends June 30, 2015.

 

CONSENT AGENDA – Finance Committee

 

6.         Authorized payment of the excess tax proceeds from the tax sale of parcel no. 03-08026 in the amount of $2,344.62 to Carlton Gibson Lawyer, PC, as fiduciary for Regina Hardy. (FC Vote: 3-0) (W. Worley) REPORT

 

7.         Received the monthly Workers Compensation Report. (O. Reed) REPORT

 

8.         Retired Police Service Dog Ozy and allowed his previous handler, Sgt. John Brack (Pete), to adopt him at a purchase of $1.00 with the condition that he has PSD Ozy neutered within 60 days and allowed the police department to replace PSD Ozy with the use of Seized Funds as a funding source and amend the FY15 budget by increasing expenditures in the Police Seizure Fund by $11,000. (FC Vote: 3-0) (M. Doering) REPORT

 

9.         Retired Police Service Dog Fox and allowed his previous handler, Officer Todd Simpson, to adopt him at a purchase of $1.00 with the condition that he has PSD Fox neutered within 60 days and allowed the police department to replace PSD Fox with the use of Seized Funds as a funding source. Amend the FY15 budget by increasing expenditures in the Police Seizure Fund by $11,000. (FC Vote: 3-0) (M. Doering) REPORT

 

10.       Approved the corrections and exemptions to the digest as recommended by the Board of Assessors and the Chief Appraiser at their Thursday, August 14, 2014, meeting with clarification that this does not approve a tax refund. (FC Vote: 3-0) (R. Glisson) REPORT

 

11.       Approved a request from Ms. Judy Fischer, on behalf of Glynn Place Apartments, that penalties and interest paid in the amount of $1,795.25 on parcel #03-13586 for tax year 2009 be refunded. (FC Vote: 3-0) (F. Dees) REPORT

 

12.       Approved a request from Ms. Lindy Kelling, on behalf of DHKN 106, LLC, that penalties and interest paid in the amount of $1,169.68 on parcel #05-00878 for tax year 2011 be refunded. (FC Vote: 3-0) (F. Dees) REPORT

 

13.       Approved a request from Mr. Eric Stachowski that late fees paid in the amount of $138.09 on parcel #04-06998 for tax year 2013 be refunded. (FC Vote: 3-0) (F. Dees) REPORT

 

14.       Authorized a budget increase to make improvements to the Selden Park Headmaster’s House in the amount of $15,000 with funding provided by Capital Projects Fund fund balance. (FC Vote: 3-0) (W. Davis) REPORT

 

15.       Authorized a budget increase to replace carpet at the Neptune Fun Zone mini golf course in the amount of $20,000 with funding provided by the Accommodations Excise Tax Fund fund balance. (FC Vote: 3-0) (W. Davis) REPORT

 

16.       Approved repurposing the $30,000 budgeted for replacing the piling and bracing the fishing pier at the Blythe Island Regional Park (BIRP) and instead making improvements to the small access dock near the boat landing and approved the carry forward of these funds in the Capital Projects Fund to FY15. Staff will apply for grants to assist in replacing the deteriorated fishing pier. (FC Vote: 3-0) (W. Davis) REPORT

 

17.       Amended the FY15 budget to include prior year budgeted items that were not expended or encumbered in FY14. (FC Vote: 3-0) (T. Miller) REPORT

 

18.       Amended the FY15 budget to include prior year encumbrances that were outstanding at June 30, 2014. (FC Vote: 3-0) (T. Miller) REPORT

 

19.       Accepted funding from the Georgia Public Library System for FY15 in the amount of $92,161.05 for the operation of the Marshes of Glynn Libraries (MOGL). (FC Vote: 3-0) (D. Hainley) REPORT

 

20.       Approved the $23,018 federal grant from the Edward Byrne Memorial Justice Assistance Grant Program (JAG) offered by the Department of Justice Bureau of Justice Assistance, for equipment for the Glynn County Police Department. Grant Award #2014-DJ-BX-0951. (FC Vote: 3-0) (D. Hainley) REPORT

 

21.       Accepted funding from the Georgia Public Library System for FY15 in the amount of $15,000 for public computers/technology for the Marshes of Glynn Libraries. (FC Vote: 3-0) (D. Hainley) REPORT

 

22.       Authorized staff to spend $562 for the Land Disturbing Activity Permit and $256 for the Notice of Intent for the Canal Road improvements applications with funding provided by the County Administrator’s Contingency. (FC Vote: 3-0) (D. Hainley) REPORT

 

23.       Approved an advertising contract with Good Sam RV Travel Guide and Directory for the Blythe Island Regional Park at a cost of $3,420 with funds provided from the FY15 Blythe Island Operating Budget. (FC Vote: 3-0) (W. Davis) REPORT

 

24.       Authorized the issuance of a purchase order for a playground system at the Ballard Park, including installation, to Miracle Recreation Equipment Company, from Monett, MO, for $35,204 and authorized the issuance of a purchase order to Timberlake Outdoors to install the border and ADA Engineered Wood Fiber as per ADA standards and specifications in the amount of $18,088, for a total estimated project cost of $53,292 with funding provided by the Capital Projects Fund. (FC Vote: 3-0) (W. Davis) REPORT

 

25.       Approved the extension and increase of the purchase order for the rental of the chiller at the Public Safety Building for three (3) additional months to Sunbelt Rentals, Inc., with funding provided by the Capital Projects Fund fund balance. (FC Vote: 3-0) (B. Mauney) REPORT

 

26.       Authorized the issuance of a purchase order to Dell Inc. in the amount of $41,953.23 for eleven (11) desktop computers as a part of the Glynn Brunswick Joint Public Safety Computer Aided Dispatch Project, with funding provided by the E911 Fund. (FC Vote: 3-0) (J. Catron) REPORT

 

27.       Authorized the issuance of a purchase order to Dell Inc. in the amount of $28,382.25 for thirteen (13) laptops with funding from the Police Department Capital Budget and the Capital Projects Fund (this a part of the equipment included for the new pursuit vehicles). (FC Vote: 3-0) (J. Catron) REPORT

 

28.       Authorized the issuance of a purchase order to Hasty’s Communications East in the amount of $40,390 for the Redundant Microwave Connectivity to St. Simons Island Project with funding provided by the Information Technology Department Capital Budget (1921.54720). (FC Vote: 3-0) (J. Catron) REPORT

 

29.       Authorized RCC Consultants, the County’s radio system consultant, to proceed with final design of the radio upgrade, based on the recommendation of the Joint Public Safety Communications Department (JPSCD), and that staff issues a solicitation and that RCC and County staff be authorized to implement plans and finalize award recommendation contingent upon obtaining the same approval from the City of Brunswick. (FC Vote: 3-0) (J. Catron)  REPORT

 

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

 

A motion was made by Commissioner Provenzano and seconded by Commissioner Hunt to remove item 34 from the agenda. The motion carried unanimously.

 

 

 

GENERAL BUSINESS

 

30.       Consider approval of the 2014 Operational and Funding Agreement between Glynn County and The Brunswick and Glynn County Development Authority.  REPORT

 

A motion was made by Commissioner Taylor and seconded by Commissioner Booker to approve the 2014 Operational and Funding Agreement between Glynn County and The Brunswick and Glynn County Development Authority. The motion carried 6-1 with Commissioner Hunt opposed.

 

31.       Consider recognizing the Sublease Agreement between the Brunswick and Glynn County Development Authority and S&J SSI, LLC for acreage at the McKinnon St. Simons Island Airport on which a hotel will be built and operated. REPORT

 

A motion was made by Commissioner Strickland and seconded by Commissioner Taylor to recognize the sublease agreement between the Brunswick and Glynn County Development Authority and S&J SSI, LLC for acreage at the McKinnon St. Simons Island Airport for the purpose of building and operating a hotel. The motion carried unanimously.

 

32.       Consider approval of the 9th amendment to the lease agreement between Glynn County and the Brunswick and Glynn County Development Authority. The lease has approximately 42 years remaining on its term, and this amendment would extend the lease for approximately 8 years so that the lease would expire on September 17, 2064. REPORT

 

A motion was made by Commissioner Taylor and seconded by Commissioner Booker to approve the 9th amendment to the lease agreement between Glynn County and the Brunswick and Glynn County Development Authority. The motion carried 6-1 with Commissioner Hunt opposed.

 

33.       Consider: 1) approval of a new deed to the Glynn-Brunswick Memorial Hospital Authority which revises the conditions set forth in the 2003 deed from Glynn County to the Hospital Authority; and 2) approval of an Intergovernmental Agreement between the Hospital Authority, the City of Brunswick, and Glynn County.  These items are part of the Hospital Authority’s restructuring process. REPORT

 

A motion was made by Commissioner Provenzano and seconded by Commissioner Strickland to approve the new deed to the Glynn-Brunswick Memorial Hospital Authority and approve the Intergovernmental Agreement between the Hospital Authority, the City of Brunswick, and Glynn County. The motion carried with 6-0-1 with Commissioner Hunt abstaining.

 

34.       Consider adoption of a resolution endorsing and recommending passage of amendments to the act creating the Brunswick-Glynn County Joint Water and Sewer Commission (JWSC), approved April 19, 2006, and amended April 11, 2012.  REPORT

            This item was removed from the agenda prior to the meeting.

 

35.       Consider amending the FY15 budget to increase the specified elected officials’ supplemental salaries and related personnel costs in the amount of $29,617 with funding provided by the General Fund fund balance. (FC Vote: 2-1) (T. Miller) REPORT

 

A motion was made by Commissioner Strickland and seconded by Commissioner Booker to amend the FY15 budget to increase the specified elected officials’ supplemental salaries and related personnel costs. The motion carried 6-1 with Commissioner Hunt opposed.

 

36.       Consider authorizing the issuance of a purchase order for one (1) mini-excavator and two (2) mid-sized excavators, from the Statewide Contract 99999-001-SPD-0000102-0025, to Yancey in the amount of $288,486; and, one (1) sidearm mowing tractor, from the Statewide Contract 99999-001-SPD-0000102-003, to Alamo Industrial, Inc. in the amount of $135,460.25 with funding from approved FY15 Capital Projects Fund. (FC Vote: 3-0) (D. Austin) REPORT

 

A motion was made by Commissioner Hunt and seconded by Commissioner Provenzano to authorize the issuance of a purchase order described above in number 36. The motion carried unanimously.

 

37.       Consider approving the purchase of the Pierce 3000 gallon water tanker from Ten-8 Fire Equipment, Inc., off of the Florida Sheriff’s Association contract, in the amount of $283,688, which includes delivery and other inclusions, with funding of $250,000 from the Fire Department Capital Budget, and the balance of $33,688 from the Fire Fund fund balance. (FC Vote: 3-0) (S. Gardner) REPORT

 

A motion was made by Commissioner Hunt and seconded by Commissioner Taylor to approve the purchase of the Pierce 3000 gallon water tanker described above in number 37. The motion carried unanimously.

 

38.       Consider authorizing a three year Software Enterprise agreement with Microsoft Corporation and approving the issuance of a purchase order to Dell at a cost of $120,790 per year with funding for year 1 provided by the Information Technology Department Capital Budget. (FC Vote: 3-0) (J. Catron) REPORT

 

A motion was made by Commissioner Hunt and seconded by Commissioner Booker to authorize a three year Software Enterprise agreement with Microsoft Corporation and approve the issuance of a purchase order to Dell for same. The motion carried unanimously.

 

EXECUTIVE SESSION/POST EXECUTIVE SESSION ACTION

 

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

 

BACK IN SESSION

 

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

 

A motion was made by Commissioner Strickland and seconded by Commissioner Provenzano to approve the executive session minutes of August 21, 2014 and August 26, 2014. The motion carried unanimously.

 

A motion was made by Commissioner Hunt and seconded by Commissioner Taylor to approve the settlement and resolution of Leonard Quinn’s pending workers’ compensations claim against the Board of Commissioners by dispersing the sum of $54,084.14 which includes $11,084.14 of Medicare set aside. The motion carried unanimously.


A motion was made by Commissioner Hunt and seconded by Commissioner Strickland to settle and resolve SPH Glynn LLC’s pending lawsuit for the refund of the portion of 2009, 2010, and 2011 ad valorem taxes on parcel 02-02828 by dispersing the total sum of $172,500. The motion carried unanimously.

 

A motion was made by Commissioner Hunt and seconded by Commissioner Strickland to release any interest accrued for 2007 since June 15, 2014 for International Auto Processing’s claim for refund of portion of 2007 ad valorem taxes on parcel 03-12472 and 03-12473. The motion carried unanimously.

 

There being no further business, the meeting adjourned at 7:40 p.m.

 

 

                                                                                    ___                                  ______

Michael Browning, Chairman

                                                                                    Board of Commissioners

                                                                                    Glynn County , Georgia

Attest:

 

 

__                                   __

Cindee S. Overstreet, Clerk