MINUTES

SPECIAL CALLED MEETING

GLYNN COUNTY BOARD OF COMMISSIONERS

W. HAROLD PATE BUILDING

1725 REYNOLDS STREET, 2ND FLOOR CONFERENCE ROOM

TUESDAY, SEPTEMBER 18, 2012 AT 9:30 AM

 

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

 

Discussion and consideration of the following:

 

1.         Discuss the draft ordinance pertaining to prohibitions on the commercial use of one-family dwellings

 

Prior to the meeting, the Board invited citizens to attend and comment on the proposed ordinance.

Bob Kelly, of East Beach Homeowners Association, Marlene Parmalee, Joe McDonough, Dan Zynda, and Mike Aspinwall made comments.

 

2.         Receive presentation from Jim McNamara of the Georgia Department of Natural Resources, Environmental Protection Division, regarding the former Brunswick Wood Preserving site.

 

Jim McNamara, of the EPD, presented a survey of the Brunswick Wood Preserving Plant site on Perry Lane Road. The Brunswick Wood Preserving Plant was built on this 80-acre site in approximately 1959; it caught fire in 1991.  The owners abandoned the site and the company (dba Escambia Treating Company). The EPA and the EPD have not been able to locate the owners.

The US Environmental Protection Agency (EPA) removed all structures and excavated and encapsulated the waste from 1991 to 1995 at a cost of $28.6 million. Then in 1996 and 1997, the Ga. Department of Natural Resources’ Environmental Protection Division (EPD) removed the encapsulated waste at cost of $21 million.  Since then, the EPA has spent approximately $29 million more dollars at this site.

In 2011, the site cleanup was completed and the State of Georgia is now responsible for the operation and maintenance of the site. Mr. McNamara said he understood the Glynn County Board of Commissioners may be interested in obtaining the property, if it was assured it would not claim any liability under state or federal law. He said the state and federal superfund law allows municipalities to obtain such properties “involuntarily.” Mr. McNamara recommended the County use eminent domain to obtain the property which would allow the County to take the property without being affected by the $18.4 million lien that is currently against the property.  The lien was filed by EPD in 2004 in an effort to recoup the funds expended on the remediation. Eminent Domain would need to be used because the owners of the property cannot be found. EPD is currently responsible for the operation and maintenance (O&M) of the property, but does not have the funding to provide the O&M long term.  He said the “Ready for Reuse” letter and the O&M Plan should be ready by the end of 2012.

There will be restrictive covenants that EPA will place on the property to insure the caps are not disturbed. One such restriction would be that telephone poles, for example, could not be placed in the capped area. However, the caps could be built upon, paved, and/or mowed over. EPA has determined the site could be used for non-residential, recreational use. The EPD representatives present at the meeting said that if Burnett Creek was ever found to be contaminated as a result of the Brunswick Wood Preserving Plant, the State and Federal governments would have the liability, not Glynn County.

 

3.         Receive a SPUR 25 Project Update 

 

Interim County Engineer Paul Andrews and Community Development Director David Hainley provided an update on the project, including expected costs.

                        The project begins at the Spur and ends at Hwy 99.

 

4.         Discuss sidewalks near schools

 

Mr. Hainley provided a summary of the sidewalks near schools and a list of schools that do not have sidewalks. Commissioner Callaway recalled this was a SPLOST 6 project, but that SPLOST was not approved by the voters. She asked how the sidewalks could be funded. She said she had received complaints from parents whose children walk to the Satilla Marsh Elementary School and the new Risley Middle School. County Administrator Alan Ours said the General Fund could provide the funding; however, that would be a large amount of money to take from the fund balance. He said another alternative would be to conduct an engineering study. He said there are a lot of issues on this road, such as the lack of right-of-way on the sides of the road and that the ditches have capacity issues when there is a lot of rain.  The ditches could be piped, but that is very expensive and would place the sidewalks very close to the road.

It was decided to ask the Board of Education to include the County in future plans for the development of schools and to get an estimate of the cost for an engineering study. Then ask the Board of Education if it will assist with the cost of the study.

 

5.         Discuss the 2012 Dog Control Law requirements

 

Police Chief Matt Doering reported that the State has changed its definition of a vicious dog. Now, if a dog bites someone and it breaks the skin the dog is determined to be a vicious dog.  Before this law was adopted, Georgia was considered a “one bite State,” meaning if a dog bit someone it was considered a “potentially dangerous” dog. The new law requires that for a person to appeal the vicious dog classification, it must go before a Board or Panel instead of the Magistrate Court Judge.  The County must now appoint this Board or Panel. This could be the local Board of Health, an entirely new board, or an existing County board. Chief Doering asked the Commissioners who they wanted to appoint. Chief Doering recommended the board or panel consist of at least three people. He had advised both the Board of Health and the Animal Services Advisory Board that both may be called upon to serve on this panel and neither Board wanted to serve expressing that it would be a conflict of interest. Chief Doering suggested perhaps he and two other staff members be appointed to this panel.

It was decided that the County Attorney would review the ordinances and let the Commission know who was qualified to serve on this appeals board based on current ordinance and state law.

 

6.         Discuss the proposed revisions to the Noise Ordinance. 

 

Police Chief Matt Doering presented the proposed amendment to the Noise Ordinance. Several citizens attended the meeting to comment on the proposed amendment; however, it was not a public hearing. The Chairman said a public hearing would be held during the October 4, 2012, regular Commission meeting and the Board would consider adoption at its October 18, 2012, meeting.

 

EXECUTIVE SESSION

 

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

 

There being no further business, the meeting was adjourned.

 

 

 

                                                                                    ____________________________

Richard Strickland, Chairman

                                                                                    Board of Commissioners

                                                                                    Glynn County , Georgia

Attest:

 

 

_____________________________

Cindee S. Overstreet, Clerk