MINUTES

REGULAR MEETING

GLYNN COUNTY BOARD OF COMMISSIONERS

HISTORIC GLYNN COUNTY COURTHOUSE

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

THURSDAY, JUNE 6, 2013 AT 6:00 PM

 

PRESENT:                     Mary Hunt, Chairman, District 4

Dale Provenzano, Vice Chairman, District 2

Michael Browning, Commissioner, District 1

Richard Strickland, Commissioner, District 3

Allen Booker, Commissioner, District 5

Clyde Taylor, Commissioner, At Large Post 1

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 to speak were received during the sign up period.

 

COMMISSION PRESENTATIONS AND ANNOUNCEMENTS

 

1.         Recognized the Glynn County Track Team. (W. Davis)  LINK

           

PUBLIC HEARING – Alcoholic Beverage License

 

2.         Consider the issuance of a 2013 alcoholic beverage license to Friendly Quick Stop, 6131 New Jesup Hwy, Brunswick, GA 31523. The license is to sell malt beverages and wine not for consumption on premises of a convenience store.   Sunday sales permitted.  This is an owner change of a current 2013 license.  Manishaben Patel, licensee (Occupation Tax/Chief Doering) LINK

 

Manishaben 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 Strickland and seconded by Commissioner Booker to approve the issuance of a 2013 alcoholic beverage license to Friendly Quick Stop. The motion carried unanimously.

 

3.         Consider the issuance of a 2013 alcoholic beverage license to Bistro C, 5252 New Jesup Hwy, Brunswick, GA 31523. The license is to sell distilled spirits, malt beverages and wine for consumption on premises of a restaurant.   Sunday sales permitted.  Issuance of license is contingent upon final inspections by the Glynn County Fire Department and the Glynn County Health Department.  This is a new 2013 license.  Caile Blair, licensee (Occupation Tax/Chief Doering) LINK

 

Caile Blair, 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 Taylor and seconded by Commissioner Strickland to approve the issuance of a 2013 alcoholic beverage license to Bistro C. The motion carried unanimously.

 

4.         Consider the issuance of a 2013 alcoholic beverage license to New Fortune House, 224 Retreat Village, St. Simons Island, GA 31522. The license is to sell malt beverages and wine for consumption on premises of a restaurant.   Sunday sales permitted.  This is an owner change of a current 2013 license.  Tong Yan Ni, licensee (Occupation Tax/Chief Doering) LINK

 

Tong Yan Ni, 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 Strickland and seconded by Commissioner Taylor to approve the issuance of a 2013 alcoholic beverage license to New Fortune House. The motion carried unanimously.

 

PUBLIC HEARING – Abandonment

 

5.         Consider the application for abandonment of a portion of the alley right-of-way between Fifth and Sixth Streets in Block 9 of the East Beach Subdivision, adjacent to 4316 Fifth Street, St. Simons Island, Ga. Carla Beasley, applicant.  Staff recommended approval of the application subject to the retention of a drainage easement and a Georgia Power easement.  (P. Andrews)  LINK

 

SOURCE OF TITLE: Prescriptive based on plat for the East Beach Subdivision recorded in Deed Book 3R, Pages 312‐315 dated May 30, 1924.

PRESENT USE OF RIGHT‐OF‐WAY: This section of alley was not used by the public. Drainage from the area flows in a portion of this area and Georgia Power has utilities in the area.

PAST HISTORY: This section of the alley had not been opened for public use.

POTENTIAL USE IN THE FUTURE: This portion of the right‐of‐way could be used for access to adjacent property and 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.  Georgia Power has requested that an easement be executed prior to abandonment of this section of right‐of‐way for the existing underground service in the area. The property owner and Georgia Power will work together to finalize the easement.

Staff recommended approval of the abandonment provided a drainage easement is retained over the northern 5‐ft of the abandonment area and the owner agrees and executes an easement with Georgia Power.

This item was opened for public comment and Bobby Shupe was present to answer questions.

 

A motion was made by Commissioner Strickland and seconded by Commissioner Coleman to approve the abandonment of a portion of the unopened alley right‐of‐way in Block 9 in the East Beach Subdivision, subject to Glynn County retaining a drainage easement and the owner executing an easement to Georgia Power. The motion carried unanimously. Resolution #R-23-13

           

6.         Consider the application for abandonment of a portion of the alley right-of-way between Fifth and Sixth Streets in Block 9 of the East Beach Subdivision, adjacent to 4323 Sixth Street, St. Simons Island, Ga. Gunar and Karen Brunavs, applicants. Staff recommended approval of the application subject to the retention of a drainage easement. (P. Andrews) LINK

 

SOURCE OF TITLE: Prescriptive based on plat for the East Beach Subdivision recorded in Deed Book 3R, Pages 312‐315 dated May 30, 1924.

PRESENT USE OF RIGHT‐OF‐WAY: This section of alley is currently not used by the public. A portion of this area is used as sidewalk access to the rear of the existing house. Also, drainage from the area flows in a portion of this area.

PAST HISTORY: This section of the alley has not been opened for public use.

POTENTIAL USE IN THE FUTURE: This portion of the right‐of‐way could be used for access to adjacent property and 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.

Staff recommended approval of the abandonment, provided a drainage easement is retained over the entire 10‐ft width.

This item was opened for public comment and Robert Ussery was present to answer questions.

 

A motion was made by Commissioner Taylor and seconded by Commissioner Booker to approve the abandonment of a portion of the unopened alley right‐of‐way in Block 9 in the East Beach Subdivision, subject to Glynn County retaining a drainage easement. The motion carried unanimously. Resolution #R-24-13

 

7.         Consider the application for abandonment of a portion of the Jenkins Lane and Roadway Road right-of-way in the Dock Junction area of Brunswick, Ga. Patricia Newman and Christian Renewal Ministries, applicants.  Staff recommended approval of the application subject to the retention of utility and Georgia Power easements and approval of an agreement with the applicants requiring them to construct a cul-de-sac. (P. Andrews) LINK

 

SOURCE OF TITLE: Lease from Seaboard Coast Line Railroad Company and prescriptive rights. No dedication has been found.

PRESENT USE OF RIGHT-OF-WAY: Opened as roadway access to the adjacent parcels and other parcels in the subdivision. Utilities are also present in the right-of-way.

PAST HISTORY: This area has been used in its present state for many years. Glynn County paved Jenkins and Roadway in the past and currently maintains them.

POTENTIAL USE IN THE FUTURE: This right-of-way could be used for access to the adjacent parcels and other parcels in the subdivision. 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: The applicant indicates that abandonment would increase public safety in the area.

Abandonment of this portion of the right-of-way would create a dead-end street on Roadway Road. Therefore, the applicants have signed an agreement stating Christian Renewal will construct a cul-de-sac at its expense and that the abandonment is not effective until the cul-de-sac is completed.

Georgia Power has requested that an easement be executed for the existing power lines in the right-of-way. Also, the Glynn County Police Department and Glynn County Fire Department have expressed concern over the abandonment of Jenkins Lane due to the negative impact it may have on their response time to some of the properties in the subdivision and the potential for them to not be able to respond if other roads are blocked. The Police Chief and Fire Chief confirmed they would be able to access the area if the cul-de-sac was built large enough to accommodate their vehicles.

Staff concurred with the request for the abandonment of a portion of the Jenkins Lane and Roadway Road rights-of-way in the Dock Junction area, provided an easement for utilities is reserved and the agreement is approved.

County Engineer Paul Andrews also reported that Ms. Patricia Newman, listed as co-applicant for this abandonment request, would like it to be known that she applied as co-applicant for abandonment, at the request of the Christian Renewal Church, only for the purpose of donating the land to the church.

This item was opened for public comment and Foster Lindberg, Pastor Bill Ligon, and Pastor Mark Linton spoke in favor of the abandonment and Billy Logue and Tommy Woodcock spoke in opposition. Mr. Logue was concerned he may not be able to remove his 70-foot mobile home if ever needed. Pastor Ligon confirmed that Mr. Logue would be able to use Jenkins Lane to remove and replace his mobile home if needed. Mr. Logue asked that it be stipulated in the agreement to assure him this access if Pastor Ligon was not available at the time he needed to replace his mobile home.

Commissioner Strickland asked that the Fire Department, the garbage contractor, and the Board of Education review the design of the cul-de-sac to assure all will be able to turn around in the cul-de-sac.

Pastor Ligon also offered to open all the driveways to the church and allow parents to use them all to avoid the traffic congestion when dropping off students.

 

A motion was made by Commissioner Coleman and seconded by Commissioner Taylor to defer the abandonment application to the Board’s July 18, 2013, meeting. The motion carried 6-1 with Commissioner Booker opposed.

 

PUBLIC HEARING – Budget

 

8.         Receive citizen comments regarding the proposed Glynn County FY 13-14 Budget.  (T. Miller)  LINK

 

Finance Director Tonya Miller reported the General Fund budget is balanced with revenues and expenditures equaling $51,504,348. This is 3.1% higher than the FY12-13 budget. Fund balance, in the amount of $885,668, was used to balance the budget. Of this amount, $700,000 is for the grant match for the airport runway improvements at the Brunswick Golden Isles Airport.

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

The budget will be placed on the Board’s June 20, 2013, meeting for adoption.

 

PUBLIC HEARING – Land Use

 

9.         TA2515  Consider adopting an amendment to Article VI Section 619.1 of the Zoning Ordinance of Glynn County, Georgia; to provide clarification that sign permits do not require site plan approval; and for other purposes.  Glynn County Board of Commissioners, applicant.  (D. Hainley) LINK

 

Community Development Director David Hainley reported the proposed changes are to establish that site plan approval is not required to apply for or obtain a building permit. The Islands and Mainland Planning Commissions and staff recommended approval.

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

 

A motion was made by Commissioner Taylor and seconded by Commissioner Strickland to approve TA2515 to amend Article VI, Section 619.1 of the Zoning Ordinance to provide clarification that sign permits do not require site plan approval and for other purposes. The motion carried unanimously.  Ordinance #O-2013-04

 

10.       TA2600 Consider adopting  an amendment to Article III Section 302 of the Zoning Ordinance of Glynn County, Georgia; to provide a definition of a structure that excludes signs, walls, and fences; and for other purposes. Glynn County Board of Commissioners, applicant. (D. Hainley) LINK

 

Mr. Hainley reported these proposed changes to the Zoning Ordinance are to establish that signs, walls, and fences are excluded from the definition of a structure and thus it is not required to apply for or obtain a building permit for them. The Islands and Mainland Planning Commissions and staff recommended approval.

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

 

A motion was made by Commissioner Taylor and seconded by Commissioner Strickland to approve TA2600 to amend Article III, Section 302 of the Zoning Ordinance to provide a definition of structure that excludes signs, walls, and fences and for other purposes. The motion carried unanimously. Ordinance #O-2013-05

 

PUBLIC HEARING – Establishment of fees

 

11.       Consider establishing rental fees for Selden Park gym and grounds. (W. Davis) LINK

 

Recreation & Parks Director Wesley Davis recommended establishing rental fees for the Selden Park gym and grounds as follows:

Near park entrance ‐ open space #1                        $150/day, $100 deposit

Gated area behind gym ‐ open space #2               $150/day, $100 deposit

All available grounds                                                       $400/day, $100 deposit

All available grounds and gym                                    $700/day, $100 deposit

Gym                                                                                      $400/6 hours, $100 deposit plus

$35/hour for extra hours, $100 deposit

 

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

 

A motion was made by Commissioner Strickland and seconded by Commissioner Coleman to establish fees for rental options as recommended. The motion carried unanimously.

 

12.       Consider establishing fees for seasonal passes to the Selden Park pool. (W. Davis) LINK

 

                                Mr. Davis recommended establishing the following fees for the Selden Park pool:

                Individual Pool Pass                        $40

                Couple Pass                                        $60

                Family Pass                                         $85

                Replacement Cards                         $5 each

 

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

 

A motion was made by Commissioner Coleman and seconded by Commissioner Taylor to approve the seasonal passes at Selden Park pool. The motion carried unanimously.

 

13.       Consider establishing fees for seasonal passes to the Howard Coffin Park pool. (W. Davis) LINK

 

Mr. Davis recommended establishing a seasonal couple pool pass at the Howard Coffin pool at a rate of $60 each.

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

 

A motion was made by Commissioner Coleman and seconded by Commissioner Taylor to establish a fee for seasonal couple passes at the Howard Coffin Park pool at a rate of $60 per couple. The motion carried unanimously.

 

CONSENT AGENDA – General Business

 

14.       Approved the minutes of the special called meeting held May 15, 2013, and the minutes of the regular meeting held May 16, 2013, subject to any necessary corrections.  (C. Overstreet)

 

15.       Approved the advertising contract with Southeast Publications USA, Inc. for the production of campsite maps for the Blythe Island Regional Park at no cost to Glynn County. (W. Davis) LINK

 

16.       Approve a resolution supporting the implementation of Hofwyl-Broadfield’s site business plan and calling on the Georgia Department of Natural Resources to act on this in a positive and timely manner for the benefit of the citizens of the Coastal Georgia Community. (A. Ours)  Commissioner Provenzano  removed this item from the consent agenda for discussion.. LINK

 

17.       FP2620 – The Residences at Coast Cottages - Approved a final plat for a 0.61 acre lot located on the north side of Olive Way. The subdivision is dedicating additional drainage and utility easements to the County and the Joint Water and Sewer Commission (JWSC). The property is zoned RR (Resort Residential). Parcel ID 04-10501. Jackson Surveying, agent for BB&T, owner (D. Hainley) LINK

 

18.       2013 Juvenile Justice Grant Program  - Authorized the Glynn County Chairman to sign the grant application for the 2013 Juvenile Justice Grant Program on behalf of Glynn County Juvenile Court.  Glynn County Juvenile Court wishes to seek a grant for up to $500,000 to provide a program to reduce felony commitments to the Department of Juvenile Justice and short-term prison sentences. The goal is to provide funding for local programs designated to serve youth in the community who would otherwise be committed to Georgia’s Department of Juvenile Justice.  The grant application will be submitted to the Georgia Criminal Justice Coordinating Council (GCJCC). No local matching funds are required. (D. Hainley) LINK     LINK

 

19.       Victims of Crime Act (VOCA) 2013 Grant Application - Glynn County Police Department – Authorized the Glynn County Chairman to sign the 2013 Victims of Crime Act (VOCA) 2014 Grant Application as may be required.  The grant application will be submitted to the Georgia Criminal Justice Coordinating Council (GCJCC). The projected application amount is for $35,650 in State funds to support the activities of Crime Victim Liaison between October 1, 2013 and September 30, 2014.   The total program projected budget is $56,148 yielding a County share of $20,498.  The local share has been incorporated into the proposed Police Department budget.  (D. Hainley) LINK   

 

20.       St. Simons Island Lighthouse Keeper’s Dwelling Restoration – GDOT PI # 0010587 ADA Compliance and Utilities Letter - Authorized the Glynn County Chairman to sign an ADA compliance and utilities letter on the Lighthouse Keepers Dwelling Rehabilitation, Georgia Department of Transportation (GDOT) - Transportation Enhancement (TE) Project.  (D. Hainley) LINK

 

21.       Approved rescinding the April 18, 2013, approval of the Memorandum of Understanding with the Special Olympics Georgia, Inc. and the United Way of Coastal Georgia, Inc., and approving a new Memorandum of Understanding which includes changes requested by the Special Olympics Georgia, Inc. (W. Worley) LINK

 

22.       Approved an Agreement for the Purchase and Sale of Real Property between the City of Brunswick, Glynn County, and the Georgia Ports Authority for the sale of approximately 2.42 acres located adjacent to Newcastle Street/Lanier Boulevard.  This property was initially leased to the Brunswick Port Authority by the City and County in 1972.   The assets of the Brunswick Port Authority were subsequently acquired by the Georgia Ports Authority, and the lease is now with the Georgia Ports Authority.  The parties entered into a Third Amendment in September, 2012, which, among other things, extended the lease for an additional four (4) year term beginning on September 5, 2012, and contains a statement of intent for the parties to proceed with due diligence during this four (4) year period to negotiate and execute a Purchase and Sale Agreement conveying title to the property to the Georgia Ports Authority.  (M. Hunt) LINK

 

23.       Recognized the Sublease between the Brunswick and Glynn County Development Authority and Golden Isles FBO, Inc. (R. Sumerford) LINK

 

24.       Approved changing the funding source of the $514,000 allocated for the construction of the Mallery Ballpark Office and ADA improvements to be provided by SPLOST 4 instead of SPLOST 5. Southern Contractors of Brunswick was awarded the bid at the Board’s May 16, 2013, meeting.  LINK

 

A motion was made by Commissioner Provenzano and seconded by Commissioner Strickland to approve the consent agenda with the exception of item 16. The motion carried unanimously.

 

ITEMS REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION

 

16.       Approve a resolution supporting the implementation of Hofwyl-Broadfield’s site business plan and calling on the Georgia Department of Natural Resources to act on this in a positive and timely manner for the benefit of the citizens of the Coastal Georgia Community. (A. Ours) LINK

 

A motion was made by Commissioner Provenzano and seconded by Commissioner Booker to approve the resolution. The motion carried unanimously.  Resolution #R-25-13

 

GENERAL BUSINESS

 

 

EXECUTIVE SESSION

 

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

 

A motion was made by Commissioner Provenzano and seconded by Commissioner Browning to approve the minutes of the May 16, 2013, executive session. The motion carried unanimously.

 

A motion was made by Commissioner Taylor and seconded by Commissioner Coleman to instruct the County Attorney to file the appropriate counter suit against Three Rivers Regional Library System. The motion carried unanimously.

 

There being no further business, the meeting adjourned at 8:48 p.m.

 

                                                                                                ___s/Mary Hunt______

Mary Hunt, Chairman

                                                                                                Board of Commissioners

                                                                                                Glynn County, Georgia

Attest:

 

__s/Cindee Overstreet __

Cindee S. Overstreet, Clerk