MINUTES

SPECIAL CALLED MEETING

GLYNN COUNTY BOARD OF COMMISSIONERS

HISTORIC GLYNN COUNTY COURTHOUSE

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

TUESDAY, MARCH 15, 2016 AT 9:00 AM

 

 

PRESENT:                     Richard Strickland, Chairman, District 3

Michael Browning, Vice Chairman, District 1

Dale Provenzano, Commissioner, District 2

Bill Brunson, Commissioner, District 4

Mark Stambaugh, Commissioner, At Large Post 1

Bob Coleman, Commissioner, At Large Post 2

 

ABSENT:                      Allen Booker, Commissioner, District 5

 

ALSO PRESENT:           Alan Ours, County Manager

Aaron Mumford, County Attorney

Cindee Overstreet, County Clerk

 

 

Discussion and consideration of voting on the following:

 

1.         Offshore seismic testing - Alice Keys with 100 Miles

 

Alice Keyes, 100 Miles, asked the Board to adopt a resolution opposing seismic testing offshore because of the damage of the damage it could cause to sea life.

 

2.         Potential ordinance amendment to allow certain types of businesses to sell alcohol for consumption on premises and off premises

 

                        Currently, the Alcoholic Beverage Ordinance allows for the sale for alcohol for on premise consumption or off premise consumption, but not both. This proposed ordinance would allow a shop to offer consumption and retail sale.

The proposed ordinance amendment would also allow for tastings at certain retail stores.

                        Commissioner Provenzano asked the County Attorney to draft an ordinance for review and consideration.


 

 

3.         Animal Control ordinance regarding fostering

 

John Ohman, Chairman of the Glynn County Animal Control Advisory Board, recommended the Board amend its zoning ordinance to allow citizens to keep more than 3 dogs or cats. This would allow volunteers to foster animals at their private homes until the animals could be adopted.

            Community Development Director David Hainley cautioned the Board on allowing some citizens to house more animals than the zoning ordinance allows. He was concerned that allowing some citizens to foster animals and have more than the ordinance allows would require selective enforcement of the ordinance. If one neighbor had more animals than allowed and a complaint was made, the Code Enforcement division would cite him/her. Another neighbor, having the same number of animals, would not be cited because they were fostering.

            Commissioner Strickland said he felt the Board wanted to find a way to implement a program that would allow fostering, but wanted it to be fair for all citizens. He asked the County Attorney and Community Development Director to draft an ordinance for review and consideration.

 

4.         Impact Fees    

 

The following is the presentation provided by Community Development Director David Hainley regarding Impact Fees.

 

The Georgia Development Impact Fee Act was enacted into law in 1990.

Under the Act, Glynn County could impose fees on developers to help finance the expansion of the infrastructure systems only through an impact fee system and only for seven types of public facilities or services:  Libraries, Recreation, Water supply, Roads and bridges, Public safety (police, jails, fire and EMS), Wastewater treatment, and Stormwater Management.

The intent of the Act is to ensure that adequate public facilities are available to serve new growth and development.

1. Promote orderly growth and development by establishing uniform standards to require that new growth and development pay a proportionate share of the cost of new public facilities needed to serve new growth and development;

2. Establishes minimum standards for the adoption of fee ordinances by; and

3. Ensures that new development is required to pay no more than its proportionate share of the cost of public facilities needed to serve new development and to prevent duplicate and ad hoc development exactions.

A total of $53.9 million in local costs remaining to be funded for capital improvements in: Libraries ($4.1 million); Fire Protection ($14.1 million); Emergency Medical Services ($0.5 million); Sheriff’s Office ($7.4 million); Emergency Management Agency ($0.3 million); Parks & Recreation ($13.1 million); Road Improvements ($14.5 million); Total to support new growth: $45.8 million

 

Implementing Impact Fee:

To impose development impact fees Glynn County must have an adopt a revised Comprehensive Plan that includes a Capital Improvements Element (CIE). Our current Comprehensive Plan does not have this element.

The requirements for CIEs in the comprehensive plan include:

1. Updating the CIEs annually.

2. An Annual Financial Report on impact fees required by DIFA; and

3. A five year CIP and any changes to or revisions of previously listed projects, including alterations in project costs, proposed changes in funding sources, construction schedules, or project scope.

4. Updating the Short Term Work Programs (STWP) annually (currently done at five year midpoint.)

 

Impact Fee –Definitions:

(1)"Capital improvement" means an improvement with a useful life of ten years or more, by new construction or other action which increases the service capacity of a public facility.

(2)"Development" means any construction or expansion of a building, structure, or use, any change in use of a building or structure, or any change in the use of land, any of which creates additional demand and need for public facilities.

(3) "Development exaction" means a requirement attached to a development approval or other municipal or county action approving or authorizing a particular development project, including but not limited to a rezoning, which requirement compels the payment, dedication, or contribution of goods, services, land, or money as a condition of approval.

(4) "Development impact fee" means a payment of money imposed upon development as a condition of development approval to pay for a proportionate share of the cost of system improvements needed to serve new growth and development.

(5) "Level of service" means a measure of the relationship between service capacity and service demand for public facilities in terms of demand to capacity ratios, the comfort and convenience of use or service of public facilities, or both. Glynn County does not have any established Level of Service for any eligible element.

 

Imposition of development impact fees:

Glynn County would need an adopted comprehensive plan containing a capital improvements element to impose by ordinance development impact fees as a condition of development approval on all development pursuant to and in accordance with the provisions of the law. The Board could adopt an amendment to the existing plan or include it in the new plan slated to begin preparation this summer.

Develop a schedule of improvements. For each service type, use growth projections for the service areas to identify new facilities or expansions that will be needed to provide the target levels of service. In addition to identifying projects in newly developing areas, the Board may consider projects needed to make up service level deficiencies in already developed areas of the community. Work with the advisory committee to prioritize the identified projects. Include the selected projects in a five-year schedule of system improvements that lists projects by service area, identifies start and completion dates for each project, estimates total project costs, and identifies funding sources for each project, including the percentage of project cost to be paid from impact fees.

 

After a transition period provided for by law, development impact fees for other than project improvements shall be imposed by Glynn County only by way of those development impact fees imposed pursuant to and in accordance with the provisions of the state law.

Notwithstanding any other provision of the law, that portion of a project for which a valid building permit has been issued prior to the effective date of a Glynn County development impact fee ordinance shall not be subject to development impact fees so long as the building permit remains valid and construction is commenced and is pursued according to the terms of the permit.

 

Calculation of fees:

(a)The fees shall not exceed a development’s proportionate share of the cost of system improvements.

            (b)The fees shall be calculated and imposed on the basis of service areas.

(c)The fees shall be calculated on the basis of levels of service for public facilities that are adopted in the comprehensive plan that are applicable to existing development as well as the new growth and development.

(d)The fees shall be collected not earlier in the development process than the issuance of a building permit authorizing construction of a building or structure; provided, except development impact fees for certain types of public facilities may be collected at the time of a development approval that authorizes site construction or improvement which requires those public facilities.

(e) There must be a fee schedule specifying the fee for various land uses per unit of development on a service area by service area basis.

(f) The ordinance shall be adopted in accordance with the procedural requirements of law.

(g) The ordinance shall include a provision permitting individual assessments of development impact fees at the option of applicants.

(h) The ordinance shall provide for a process whereby a developer may receive a certification of the development impact fee schedule or individual assessment for a particular project, which shall establish the development impact fee for a period of 180 days from the date of certification.

(i) The ordinance shall include a provision for credits.

 (j) The ordinance shall include a provision prohibiting the expenditure of development impact fees except in accordance with the requirements of the law.

(k) The ordinance may provide for the imposition of a development impact fee for system improvement costs previously incurred by a municipality or county to the extent that new growth and development will be served by the previously constructed system improvements.

(l) The ordinance may exempt all or part of particular development projects from development impact fees if:

(1) Such projects are determined to create extraordinary economic development and employment growth or affordable housing;

(2) The public policy which supports the exemption is contained in the county's comprehensive plan; and revenue source other than development impact fees.

(m) The ordinance shall provide that development impact fees shall only be spent for the category of system improvements for which the fees were collected and in the service area in which the project for which the fees were paid is located.

(n) The ordinance shall provide that, in the event a building permit is abandoned, credit shall be given for the present value of the development impact fee against future development impact fees for the same parcel of land.

(o) The ordinance shall provide for a refund of development impact fees .

(p) The ordinance shall provide for appeals from administrative determinations regarding development impact fees.

(q) The fees shall be based on actual system improvement costs or reasonable estimates of such costs.

(r) The fees shall be calculated on a basis which is net of credits for the present value of revenues that will be generated by new growth and development based on historical funding patterns and that are anticipated to be available to pay for system improvements.

 

Development Impact Fee Advisory Committee:

(a)Prior to the adoption of a development impact fee ordinance, Glynn County must establish a Development Impact Fee Advisory Committee.

(b)Such committee shall be composed of not less than five nor more than ten members appointed by the governing authority of the municipality or county and at least 50 percent of the membership shall be representatives from the development, building, or real estate industries.

(c)An existing planning commission or other existing committee that meets these requirements may serve as the Development Impact Fee Advisory Committee. Glynn County does not have an existing board that meets the membership requirements.

(d)The Development Impact Fee Advisory Committee shall serve in an advisory capacity to assist and advise Glynn County with regard to the adoption of a development impact fee ordinance.

(e)No action of the committee shall be considered a necessary prerequisite for Glynn County to take action in regard to adoption of an ordinance.

 

Adoption of Impact Fees:

Prior to the adoption of an ordinance imposing a development impact fee, Glynn County will need to hold two duly noticed public hearings to be held in regard to the proposed ordinance. These hearings would be separate from the adoption of the amendment to or adoption of the new comprehensive plan. The second hearing shall be held at least two weeks after the first hearing.

 

Sample Impact Fees

$3,508.74 per dwelling for single family Discount Superstore $4.39 per square foot

$3,251.86 per dwelling for multifamily Pharmacy $6.00 per square foot

$3.47 per square foot for General Light Industrial

$2.42 per square foot for General Heavy Industrial

$5.07 per square foot for General Office Building

$19.20 per square foot for Drive In Bank

Shopping Center $3.32 per square foot

Quality Restaurant $16.02 per square foot

Fast-Food Restaurant $37.90 per square foot

 

Deposit and expenditure of fees; annual report

(a) Impact fees shall be maintained in one or more interest-bearing accounts.

(b) Accounting records shall be maintained for each category of system improvements and the service area in which the fees and interest is collected.

The accounting records shall include the following information:

(1)The records shall be maintained by address property , the amount of fees paid in each category in which fees were collected, and the date that such fees were paid; and

(2)Any exemptions granted shall specify the address of each property for which exemptions were granted, the reason for which such exemption was granted, and the revenue source from which the exempt development's proportionate share of the system improvements is to be paid.

(c) Expenditures of development impact fees shall be made only for the category of system improvements and in the service area for which the development impact fee was imposed as shown by the capital improvements element.

Deposit and expenditure of fees; annual report

(d)Development impact fees shall not be used to pay for any purpose that does not involve system improvements that create additional service available to serve new growth and development.

(e)Fees, collected for road projects shall be expended to fund, in whole or in part for system improvement projects

1.that have been identified in the capital improvement projects element of the County’s comprehensive development plan; and

2.that are chosen by a Glynn County after consideration of the following factors:

 

(i) The proximity of the proposed system improvements to developments within the service area which have generated fees collected for the improvements; and

(ii) The proposed system improvements which will have the greatest effect on level of service impacted by the developments which have paid such fees.

 

Appeal of fee determination; arbitration

(a)If Glynn County adopts an ordinance the ordinance must provide for administrative appeals to the governing body or such other body as designated in the ordinance of a determination of the development impact fees for a particular project.

(b)A developer may pay a fee under protest in order to obtain a development approval or building permit. A developer making such payment shall not be estopped from exercising the right of appeal, nor shall such developer be estopped from receiving a refund of any amount deemed to have been illegally collected.

(c)The Glynn County ordinance may provide for the resolution of disputes over the development impact fee by binding arbitration through the American Arbitration Association or otherwise.

 

Required Actions/ Decisions

(a)Decide if Glynn County wants to adopt a development impact fee ordinance and decide if the required CIE will:

1. be added as an amendment to the existing comprehensive plan; or

2. Be included as a part of the new comprehensive plan

(b) Define the service area(s) to be covered the impact fees

(c)Retain the services of a qualified consultant to (1) conduct a feasibility study of adopting and administering impact fees and if determined to be feasible then (2) draft the plan element, conduct all associated studies, and draft the ordinance.

(d)Establish the advisory committee.

 (e) Define a list of CIP projects established along with the associated costs and ranking.

 

Only 11 counties in Georgia have impact fees.

Commissioner Provenzano asked that the information be placed on the County’s website for review by the public.


 

 

5.         Proposal to privatize the operations at the Blythe Island Regional Park

 

It was the consensus of the Board not to proceed with the privatization of park operations.

             

EXECUTIVE SESSION/POST EXECUTIVE SESSION ACTION

 

There being no further business, the meeting was adjourned.

 

 

 

                                                                                    ____________________________

Richard Strickland, Chairman

                                                                                    Board of Commissioners

                                                                                    Glynn County , Georgia

Attest:

 

 

 

_____________________________

Cindee S. Overstreet, Clerk