MINUTES

REGULAR MEETING

GLYNN COUNTY BOARD OF COMMISSIONERS

HISTORIC GLYNN COUNTY COURTHOUSE

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

THURSDAY, FEBRUARY 16, 2017 AT 6:00 PM

 

PRESENT:                     Bill Brunson, Chairman, District 4

Michael Browning, Vice Chairman, District 1

Peter Murphy, Commissioner, District 2

Richard Strickland, Commissioner, District 3

Allen Booker, Commissioner, District 5

Mark Stambaugh, Commissioner, At Large Post 1

Bob Coleman, Commissioner, At Large Post 2

 

ALSO PRESENT:           Alan Ours, County Manager

Aaron Mumford, County Attorney

Cindee Overstreet, County Clerk

 

 

INVOCATION AND PLEDGE       

 

PUBLIC COMMENT PERIOD

 

Monica Smith spoke regarding the Chamber and Visitors Bureau (CVB) and its agreement with Glynn County.

Jeff Kilgore spoke regarding county ordinances and the Community Development Department.

Bob Blackwell expressed his support of the land bank program.

 

COMMISSION PRESENTATIONS AND ANNOUNCEMENTS

 

A motion was made by Commissioner Browning and seconded by Commissioner Strickland to add item 9.1 to the published consent agenda to approve the contracts with Ameris Bank for banking services. The motion carried unanimously.

 

A motion was made by Commissioner Browning and seconded by Commissioner Stambaugh to add item 23 to the published agenda to consider committing $1,500,000 as a match to the Georgia Public Library Service grant of $2,000,000 to renovate the library. The motion carried unanimously.

 

 

A motion was made by Commissioner Browning and seconded by Commissioner Booker to add item 24 to the published agenda to consider the agreement creating the Glynn-Brunswick Land Bank. The motion carried unanimously.

 

PUBLIC HEARING – Alcoholic Beverage License

 

1.         Consider the issuance of an alcoholic beverage license to Kelly Weber for Weber’s Growler Factory, 115 Longview Plaza, St. Simons Island, GA.  The license is to sell malt beverages only for consumption on premises of the beer specialty shop.  No Sunday sales permitted. This license replaces the license previously issued. (Occupation Tax/Police Chief)  REPORT

 

Kelly Weber, licensee, was present at the meeting as required by ordinance. Assistant Police Chief Scott Trautz 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.

Commissioner Coleman said he was opposed to this license because he felt there were plenty of other options available for alcohol consumption and this new option (a beer specialty shop) was not needed.

 

A motion was made by Commissioner Strickland and seconded by Commissioner Stambaugh to approve the alcoholic beverage license. The motion carried 6-1 with Commissioner Coleman opposed.

 

2.         Consider the issuance of an alcoholic beverage license to Sujal Patel for One Stop #43, 3915 Darien Highway, Brunswick, GA.  The license is to sell malt beverages and wine package sales not for consumption on premises of a convenience store.  Sunday sales permitted. (Occupation Tax/Police Chief)  REPORT

 

Sujal Patel, licensee, was present at the meeting as required by ordinance. Assistant Police Chief Scott Trautz 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 Strickland and seconded by Commissioner Stambaugh to approve the alcoholic beverage license. The motion carried unanimously.

 

3.         Consider the issuance of an alcoholic beverage license to Surjukumar Patel for Quick Stop 2, 6131 New Jesup Highway, Brunswick, GA.  The license is to sell malt beverages and wine package sales not for consumption on premises of a convenience store. Sunday sales permitted. (Occupation Tax/Police Chief)  REPORT

 

Surjukumar Patel, licensee, was present at the meeting as required by ordinance. Assistant Police Chief Scott Trautz 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 Stambaugh and seconded by Commissioner Booker to approve the alcoholic beverage license. The motion carried unanimously.

 

4.         Consider the issuance of an alcoholic beverage license to Lisa McBride for Sam’s East, Inc. DBA Sam’s Club #7658, 10100 Canal Crossing, Brunswick, GA. The license is to sell malt beverages and wine package sales not for consumption on premises of a general merchandise store. Sunday sales permitted. (Occupation Tax/Police Chief)  REPORT

 

Lisa McBride, licensee, was present at the meeting as required by ordinance. Assistant Police Chief Scott Trautz said the applicant met the requirements for consideration of issuance of the license. This item was opened for public comment and Julian Smith addressed the Board speaking in favor of the application.

 

A motion was made by Commissioner Strickland and seconded by Commissioner Browning to approve the alcoholic beverage license. The motion carried unanimously.

 

 

PUBLIC HEARING – Land Use

 

5.         ZM3414 Wishlist Farm:  Consider a request to rezone a 10.23-acre parcel from PD (Planned Development) to FA (Forest Agriculture).  The parcel is located on the southern side of Green Swamp Road at 1220 Green Swamp Road, approximately 1,273 feet from Golden Isles Parkway.  Parcel ID: 03-26999.  JoAnne Sims with Wishlist Farm LLC, applicant and owner.  REPORT

 

The applicant had rezoned the adjacent property in 2015 to allow for an equestrian farm. This property was purchased by the applicant for the purpose of expanding the farm.  The property is located in the northern portion of the county, north of Highway 99. The surrounding area is farm land or undeveloped.

The Mainland Planning Commission and staff recommended approval of the rezoning request.

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

 

A motion was made by Commissioner Stambaugh and seconded by Commissioner Booker to approve ZM3414 to rezone the subject property from PD to FA. The motion carried unanimously.  Resolution #R-07-17

           

6.         ZM3333 175 Tison Drive:  Consider a request to rezone a 1.65-acre parcel at 175 Tison Drive from LC (Local Commercial) to R-20 (Residential One –Family).  The purpose of the request is to allow the construction of a one family home.  This property is located on the north side of Tison Drive, approximately 300 feet from its intersection with Highway 82.  Parcel ID: 03-14335.  Allan Cox, applicant and owner.  REPORT

 

The applicant wanted to build a single-family home on this property. The Mainland Planning Commission and staff recommended approval of the rezoning.

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

 

A motion was made by Commissioner Strickland and seconded by Commissioner Stambaugh to approve ZM3333 to rezone the subject property from LC to R-20. The motion carried unanimously. Resolution #R-08-17

 

7.         ZM3393 The Enclave at Gateway Center:  Consider a request to amend the Planned Development Text for the Enclave at Gateway Center located on Glynco Parkway across from the Nottinghill Subdivision.  The purpose of this request is to, among other things, remove the site plan currently associated with the text, update the owner information, and adjust development areas and the density associated with the individual area.  Parcel IDs: 03-12106 & 03-14371.  Chris Amos with CSEC, Inc., agent and applicant for Corn House Creek Holdings, LLC, and Enclave Capital, LLC, owners.  REPORT

 

The applicant wanted to remove the site plan that was associated with the PD Text, update the owner information, and adjust development areas and the density associated with the individual areas. The Mainland Planning Commission and staff recommended approval of the rezoning request. Staff recommended the revised PD Text include the following:  1) adjust the “site coverage” statement to include wetlands; 2) update the development table to reflect total area of parcel A and parcel B; 3) provide definition of development area consistent with the Glynn County Zoning Ordinance; and 3) address airport concerns prior to site plan approval.

This item was opened for public comment and Julian Smith spoke in favor of the application.

 

A motion was made by Commissioner Strickland and seconded by Commissioner Stambaugh to approve ZM3393 with the changes recommended by staff. The motion carried unanimously. Resolution #R-09-17

 

CONSENT AGENDA – General Business

 

8.         Approved the minutes of the special called meeting held January 17, 2017, the joint city/county meeting held February 1, 2017, and the regular meeting held February 2, 2017, subject to any necessary corrections.  (C. Overstreet)

 

9.         Recognized the Non-Aeronautical Sublease Agreement between the Brunswick and Glynn County Development Authority and Island Veterinary, LLC D/B/A Seaside Veterinary Clinic for 1.216 acres at the McKinnon St. Simons Island Airport. The lease ends February 1, 2047. The initial annual lease amount is $38,000 and will be adjusted annually by the Consumer Price Index (CPI). (R. Sumerford) REPORT

 

9.1       Approved the banking services contracts between Glynn County and Ameris Bank, 3440 Cypress Mill Road, Brunswick, GA for a base year and four option years.

 

CONSENT AGENDA – Finance Committee

 

10.       Declared certain unusable items as surplus and approved disposing of these items in the best interest of the County.  (T. Miller) (FC Vote: 2-0) REPORT

 

11.       Approved the Blythe Island Regional Park (BIRP) Campground Host Agreement with Otis Hartley.  (J. Powell) (FC Vote: 2-0) REPORT

 

12.       Adopted the Resolution to amend the FY16/17 Budget.  (T. Miller) (FC Vote: 2-0) REPORT Resolution #R-10-17

 

13.       Approved the Personal Property Mobile Home corrections as recommended by the Board of Assessors and the Chief Appraiser at their last meeting, Thursday, January 19, 2017, with clarification that this does not approve a tax refund.  (R. Glisson) (FC Vote: 2-0) REPORT

 

14.       Increased the purchase order to Allen Owens, of Blackshear Georgia, (P015582) in the amount of $38,966.50 to cover the expenses of additional asphalt patching services with funding provided by the Public Works Operating Budget.  (D. Austin) (FC Vote: 2-0) REPORT

 

15.       Approved the transfer of five Ford Crown Victoria sedans to the Glynn County Board of Education School Police Department and approved the Mutual Aid Agreement.  (D. Austin) (FC Vote: 2-0) REPORT

 

16.       Approved the transfer of an ambulance (Ford F350) and one Mercury Montego to the Jekyll Island Authority and approved the Mutual Aid Agreement.  (D. Austin) (FC Vote: 2-0) REPORT

 

17.       Approved the installation of a pedestrian crossing and flashing beacon on Cate Road at Sandalwood Drive with a total cost not to exceed $7,000 with funding to be provided by the County Manager’s Contingency fund.  (D. Austin) (FC Vote: 2-0) REPORT

 

18.       Awarded a contract for the Glynco Parkway Bridge Project to Underground Excavating, Inc. of Patterson, Georgia, the lowest responsive and responsible bidder, in the amount of $1,645,285 with funding to be provided by SPLOST 5 Drainage Rehabilitation and Improvements.  (D. Austin) (FC Vote: 2-0) REPORT 

 

19.       Approved the third amendment to contract between Glynn County and Spillman Technologies, Inc. and approved the issuance of a purchase order to Spillman for the APCO 911 Adviser Emergency Medical Dispatch (EMD) software module, an interface to the 911 CAD System, in the amount of $8,326 with funding to be provided by the FY17 Information Technology Capital Budget.  (J. Catron) (FC Vote: 2-0) REPORT

 

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

 

APPOINTMENTS

 

20.       Consider the appointment of seven (7) applicants to serve on the Special Purpose Local Option Sales Tax-SPLOST 2016 Citizens Oversight Committee.  The terms begin April 1, 2017 and end December 31, 2021. Applications received from:

Applications received from:

Kamau Dickerson

Terry Fulks

Ben Fendig

Paul Fisher

Robert Franklin

Philip Graitcer

Jeff Kilgore

Ron Maulden

Matt Permar

Ronnie Perry

Becky Rowell

John Shepherd

Trenton Sherman

Ben Slade

Robert Terjesen

Barrett Walker

Mason Waters

 

            Commissioner Browning appointed Robert Terjesen

Commissioner Murphy appointed Philip Graitcer

Commissioner Strickland appointed Ron Maulden

Commissioner Brunson appointed Ronnie Perry

Commissioner Booker appointed Kamau Dickerson

Commissioner Stambaugh appointed Robert Franklin

Commissioner Coleman appointed Jeff Kilgore

 

GENERAL BUSINESS

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21.       Consider recession of the Building Permit CBU123393 issued on September 26, 2016 in the name of Lucas Properties Holdings III LLC for the following reasons: 1) Lucas Properties Holdings III LLC did not obtain a Land Disturbance Activity permit as required by Glynn County ordinance Section 623.3; 2) Lucas Properties Holdings III LLC has neither applied for nor been issued a Developer’s Permit required for building in a Special Flood Hazard area as required by Glynn County; 3) Flood Damage Prevention Ordinance Sections 2-5-126, 2-5-128, 2-5-129, 2-5-131, 2-5-134 and 2-5-135; 4) The construction plans for which the Permit was issued are unlawfully inconsistent with the site plan approved by the Island Planning Commission in violation of Glynn County Zoning Ordinance Sections 723.3 and 902.1; 5) The Building Permit was not issued to a licensed contractor (B. Coleman)

 

A motion was made by Commissioner Strickland and seconded by Commissioner Browning to postpone this item indefinitely.

The motion was ruled to be out of order since the Chairman had recognized Commissioner Coleman and he had the floor. Commissioner Coleman listed the items above and said the Community Development Department and the administration did not correctly do their jobs, which caused the discrepancies in the project and the litigation.

 

A motion was made by Commissioner Coleman and seconded by Commissioner Murphy to rescind the building permit immediately and issue a stop-work order for the reasons listed in the agenda item above and until a complete and proper application is in hand. The motion failed for lack of majority vote. The vote was 2-5 with Commissioners Stambaugh, Booker, Browning, Strickland, and Brunson opposed.

 

22.       Discuss a recommendation to be communicated to the Island Planning Commission to re-consider the site plan approval for SP3377 – Pilar Hotel for the following reasons: 1) Glynn County ordinance Section 619.2 – The site plan application is not complete; 2) The site plan application does not comply with Glynn County ordinance Section 619.4(a)(3) – ingress and egress, off-street parking, loading, flow of traffic; 3) The site plan application does not comply with Glynn County ordinance Section 619.4(a)(4) – adequate provisions for the flow of storm water from and across the site; 4) The site plan application does not comply with Glynn County ordinance Section 619.2(a)(16) – storm water drainage structures; 5) The site plan application does not comply with Glynn County ordinance Section 619.2(a)(17) – locations of storm water detention areas; 6) The site plan application does not comply with Glynn County ordinance Section 619.2(a)(32) – Signed seal of the design professional.  (B. Coleman)

 

                Commissioner Coleman listed the reasons written above and moved to reconsider the site plan.  Commissioner Murphy seconded the motion.

 

                                Commissioner Stambaugh said the ordinance governing the Islands Planning Commission (IPC), as currently written, did not allow the county commission to override actions taken by the IPC.

Commissioner Murphy said the IPC erred when it approved the application. He said the IPC’s ruling on this application was not in compliance with the zoning ordinance or the Stormwater Management Plan.

                                Commissioner Booker asked for clarification as to whether or not the IPC ruled in error.

Denise Grabowski, the consultant working with the Community Development Department, and County Engineer Paul Andrews distributed copies of the site plan that was approved by the IPC.

Ms. Grabowski and Mr. Andrews provided information for each individual concern raised by Commissioner Coleman as follows:

                Site plan does not address ingress, egress, off-street parking, loading and flow of traffic:

Parking is addressed on the site plan. The development requires 33 parking spaces and 33 are provided.  The IPC approved the site plan with the condition that the exit onto Ocean Boulevard is a right-turn only. This will avoid conflict with any cars parked in the existing on-street parking on Ocean Boulevard across from the proposed development.

                Site plan application does not comply with stormwater plan:

Parking is provided under the building. In the areas where parking is not provided under the building, the developer is proposing to use pervious pavement which allows for stormwater infiltration therefore reducing the amount of runoff that will need to be captured. Pervious pavement is a recommended best-practice in coastal Georgia. The developer has also proposed underground retention of the stormwater. Ms. Grabowski said this is a common practice in places where space is a premium. She said all required stormwater management information had been provided. She added that the county departments had reviewed the plans and the developer had addressed the concerns raised by staff. Ms. Grabowski read Section 623.6 (d) of the Zoning Ordinance and explained that stormwater calculations are not required for site plans. These were required before building permits were issued, but not before site plan approval.

                Site plan did not include signed seal of the design professional:

                                                Ms. Grabowski highlighted the signed seal that was on the site plan.

 

Ms. Grabowski also addressed concerns she said she had been made aware of regarding fire protection and water and sewer utilities. She highlighted both the fire hydrants on the site plan. She also highlighted the section of the site plan that addressed proposed utilities. Proposed water will tie into the existing water along the Ocean Boulevard right-of-way. Gravity sewer will be routed to an existing sanitary lateral stub out near Neptune Road per the standards set by the Joint Water and Sewer Commission (JWSC). Onsite underground stormwater detention will be provided. 

 

                                Mr. Andrews said the details of the stormwater management design would be reviewed when they are presented with the building permit application as part of the construction packet.  If site conditions don’t support the underground storm water storage system, the developer would have to go back to the IPC with a revised site plan.

                                Mr. Andrews reiterated that the site plan was a concept and if changes were needed the developer would be required to go back to the IPC for changes.

 

            A motion was made by Commissioner Coleman and seconded by Commissioner Murphy to ask the Islands Planning Commission to reconsider the site plan for the reasons listed in the agenda item. The motion failed for lack of majority vote. Commissioners Stambaugh, Booker, Browning, Strickland, and Brunson were opposed.

 

23.       Consider committing $1,500,000 as the local matching funds for the $2,000,000 FY18 Georgia Public Library Capital Outlay Grant if approved by the State for the Brunswick-Glynn County Library renovation. (G. Mullis)

 

                                Marshes of Glynn Libraries (MOGL) Director Geri Mullis reported grant would allow for the renovation to the library. The proposed renovations would increase safety at the library; improve energy efficiency; provide community meeting space and additional programs.

                                When the staff presented this grant application in 2015, the request was for a $2,000,000 match. Since then, the county has made some improvements to the library and the GPLS has agreed to reduce the match to $1,500,000.

Gloria Burns, a member of the MOGL Board, reported that it was not clear yet whether or not the county’s grant funds would be approved in the State’s budget. If not, it would be first on the list for the next year.

                                County Manager Alan Ours listed the options for funding the match including the General Fund fund balance, borrow from fund balance and repay over time from the Capital Projects Fund, and bond issuance with repayment over ten years. He said other options could also be explored for funding the renovation.

Commissioner Stambaugh and Commissioner Strickland expressed concerns with funding this project at this time. When the application was approved in 2015, it was not known then that the grant may be available this soon and it was not known that the county would have reduced the fund balance recovering from Hurricane Matthew and Tropical Storm Hermine.

 

A motion was made by Commissioner Booker and seconded by Commissioner Coleman to approve committing the local matching funds. The motion carried 5-2 with Commissioners Stambaugh and Browning opposed.

 

24.       Consider the Intergovernmental Agreement between Glynn County and the City of Brunswick creating the Glynn-Brunswick Land Bank.

 

A motion was made by Commissioner Strickland and seconded by Commissioner Stambaugh to approve the agreement. The motion carried unanimously.

 

 

EXECUTIVE SESSION/POST EXECUTIVE SESSION ACTION

 

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

 

BACK IN SESSION

 

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

 

A motion was made by Commissioner Browning and seconded by Commissioner Stambaugh to accept the County Attorney’s recommendations regarding pending litigation. The motion carried unanimously.

 

There being no further business, the meeting was adjourned at 8:31 p.m.

 

 

                                                                                    ____________________________

Bill Brunson, Chairman

                                                                                    Board of Commissioners

                                                                                    Glynn County , Georgia

Attest:

 

 

_____________________________

Cindee S. Overstreet, Clerk