MINUTES

REGULAR MEETING

GLYNN COUNTY BOARD OF COMMISSIONERS

HISTORIC GLYNN COUNTY COURTHOUSE

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

THURSDAY, NOVEMBER 3, 2016 AT 6:00 PM

 

PRESENT:                     Richard Strickland, Chairman, District 3

Michael Browning, Vice Chairman, District 1

Dale Provenzano, Commissioner, District 2

Bill Brunson, Commissioner, District 4

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

 

Ron Adams, Superior Court Clerk-elect, spoke regarding funding in the Clerk of Superior Court’s office.

 

COMMISSION PRESENTATIONS AND ANNOUNCEMENTS

 

A motion was made by Commissioner Browning and seconded by Commissioner Stambaugh to add item 13 to the published agenda to consider adopting a shared vision statement for Glynn County. The motion carried unanimously.

 

A motion was made by Commissioner Browning and seconded by Commissioner Stambaugh to add item 14 to the published agenda to consider increasing the purchase order for Ceres Environmental for debris pick up on public right-of-way. The motion carried unanimously.

 

A motion was made by Commissioner Browning and seconded by Commissioner Stambaugh to add item 15 and 16 to the published agenda to consider approving purchase orders for Ceres Environmental and Witt O’Brien’s for debris pickup and monitoring on right-of-way in private communities. The motion carried unanimously.

 

Chairman Strickland announced item 8 had been removed from the consent agenda and would be considered after item 14. This was necessary to allow for an amendment to the purchase order amount.

 

PUBLIC HEARING – Alcoholic Beverage License

 

1.         Consider the change of a 2016 alcoholic beverage license adding the sale of distilled spirits for Palmer’s Village Café, 223 Mallery Street, St Simons Island, Ga. The business is currently licensed to sell malt beverage and wine.  The new license is to sell distilled spirits, malt beverages, and wine for consumption on premises of a restaurant.  Sunday sales permitted.  Jon Palmer Fortune, licensee.  (Occupation Tax/Chief Doering) REPORT

 

Jon Palmer Fortune, 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 spoke in favor of the application.

 

A motion was made by Commissioner Provenzano and seconded by Commissioner Brunson to approve changing the license to allow Palmer’s Village Café to sell distilled spirits. The motion carried unanimously.

 

2.         Consider the transfer of licensee for the 2016 alcoholic beverage license for Ruby Tuesday, 513 Mall Boulevard, Brunswick, GA.  The license is to sell distilled spirits, malt beverages, and wine for consumption on premises of a restaurant.  Sunday sales permitted.  William Kitchens, licensee.  (Occupation Tax/Chief Doering) REPORT

 

William Kitchens, 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 Brunson to approve the issuance of an alcoholic beverage license to William Kitchens at Ruby Tuesday. The motion carried unanimously.

 

 

PUBLIC HEARING – Land Use

 

3.         ZV3354 Friendly Express #51:  Consider a sign variance request to allow seven additional signs advertising in-store brands.  The building is under construction and is located at the corner of Highway 17 and Highway 82 at 3224 Highway 17.  The property is zoned HC (Highway Commercial).  Parcel ID: 02-00771.  Renee Vila, with Dalton Sign Company, Lewis and Raulerson, Inc., owner.  REPORT

 

County Planner Cayce Dagenhart reported this application would allow seven additional signs on the property. The applicant wanted to install “Friendly Express” signs on the sides of the gas pump canopy and signs on the wall of the building, which would show the types of food available.

                This item was opened for public comment and Kevin Dalton, with Dalton Signs, the manager of signage for Friendly Express, spoke in favor of the application. He explained that all gas stations have signage on their canopies. The applicant didn’t want to put two pylons on the property opting for the smaller signs on the building and on the canopy instead. The four small signs on the building would not be noticeable from the street. The owners demolished the old store and built this new building. The old store had the same amount of signs as was being requested. He said the building was designed with the small signs in mind.

                Commissioners expressed concern with the precedent allowing that many additional signs would set.

 

A motion was made by Commissioner Brunson and seconded by Commissioner Coleman to deny the request for a sign variance allowing seven additional signs at 3224 Highway 17. The motion carried unanimously.

           

4.         SUP3362 Zuta Wireless Telecom:  Consider a request for a special use permit to allow a 300-foot self-support telecommunications tower for SouthernLINC and at least five (5) of its competitors, to be constructed at 9074 New Jesup Highway.  The property is 5.3 acres and is zoned FA (Forest Agriculture).  Parcel ID: 03-19245.  Jonathan Yates, Hellman, Yates & Tisdale, agent for Municipal Communications and SouthernLINC applicant; Don Woods, owner. REPORT

 

Telecommunication facilities are a permitted use in the FA zoning district, however if the proposed tower is more than 150 feet a special use permit is required. The proposed tower was 300 feet tall.

The Mainland Planning Commission and staff recommended approval of the permit.

This item was opened for public comment and Jonathan Yates spoke in favor of the permit.

 

A motion was made by Commissioner Stambaugh and seconded by Commissioner Coleman to approve the special use permit allowing a 300-foot telecommunications tower at 9074 New Jesup Highway. The motion carried unanimously. Resolution #R-51-16

 

5.         ZM3359 2651 Old Jesup Road:  Consider a request to rezone one parcel from HC (Highway Commercial) to FA (Forest Agriculture) to match the zoning of the adjacent parcel. Both parcels are owned by the applicant. The FA zoning would allow the property owner to build a stable.  Parcel ID: 03-10090.  Keith and Angela Stalvey, applicants and owners.  REPORT

 

The request was to rezone the property to FA in order for the applicant to build a horse barn. The applicants own the residence adjacent to the subject property. Much of the surrounding property is zoned FA and there is a rural quality to this area; a few of the other properties have horses and barns.

The Zoning Ordinance requires a Type-A buffer be established between the subject parcel and the parcels zoned HC. A Type-A buffer is a twenty-foot planted buffer. The applicant is responsible for the buffer.

The Mainland Planning Commission recommended approval subject to the installation of a twenty-foot undisturbed buffer adjacent to the HC zoned properties.

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

 

A motion was made by Commissioner Stambaugh and seconded by Commissioner Coleman to approve application ZM3359. The motion carried unanimously.  Resolution #R-52-16

 

6.         ZM3216 Stutts Road:  Consider a request to amend the Planned Development text for the Stutts Road Tract planned development located on Stutts Road in Glynn County, Georgia.  The purpose of the request is to permit agricultural uses and animal hospital/boarding facilities as allowed uses in accordance with Section 704.2 of the Glynn County Zoning Ordinance, and to require any use set forth in Sections 3.1.2 and 3.1.3 maintain a 100 ft. setback from the property line of any residence.  The property is located at 430 Stutts Road, .25 miles north of the intersection of Stutts Road and Fancy Bluff Road.  Parcel ID: 02-00501.  Joe Fendig, agent for Justin Stanisky, applicant. Marshland Community F.C.A., owner. REPORT

 

This application was to amend the existing Planned Development Text for the Stutts Road Planned Development. The applicant requested changes to the planned development text to permit agricultural uses. The property was previously zoned Forest Agriculture (FA), but was rezoned in 2010 to Planned Development. The applicant had agreed to establish a 100-foot setback from all agricultural uses. Specifically, he planned to have horses and cows and a garden on this 42.71-acre parcel. He was willing to limit the amount of animals and exclude roosters.

The Mainland Planning Commission recommended denial of the application.  Staff recommended approval.

Commissioner Browning asked County Planner Cayce Dagenhart to clarify the ownership of the property. She responded that the applicant did not own the property when this item was heard by the Mainland Planning Commission in May. Marshland Credit Union owned the property at that time. Commissioner Browning raised the point that the applicant was not the owner of the property when the Mainland Planning Commission denied the application, but moved forward with purchasing the property knowing he may not receive approval of this request for an amendment to the PD Text. Justin Stanisky, the applicant, is the current owner of the property.  

This item was opened for public comment and Richard Stanisky, Joe Fendig and Dan Harris spoke in favor of the application. Julian Smith, an unidentified citizen, Jimmy Nutt, and TJ Thompson spoke in opposition.

Mr. Stanisky, the father of the applicant, said the applicant wanted to have a combination of 10 horses and cows on his property. He asked that the PD Text be amended to allow these 10 animals and offered to amend the text to prohibit chicken houses and other animals if necessary.

Joe Fendig said the applicant was willing to extend the buffer to 300 feet and reduce the number of horses and cows. He said the property surrounding the subject property is zoned FA and could have horses and cows. Mr. Fendig added that mobile homes were an allowed use under the current PT Text and if the applicant was not allowed to use the property as he intended, he had mentioned he may place mobile homes on the parcel.   Commissioner Browning disagreed with the wording of the PD Text and felt mobile homes were not an allowed use. County Attorney Aaron Mumford confirmed the PD Text did not allow mobile homes.

Dan Harris, the adjacent property owner, said another property owner in Fancy Bluff had ponies that did not negatively affect the area.

Julian Smith said the change in ownership had not been recorded in the agenda language and the staff memo was deficient. He questioned staff’s recommendation of approval.

TJ Thompson said Mr. Stanisky did not have a hardship to support his request to amend the PD Text. He said Mr. Stanisky has brought hardship, division and lawlessness to the Bayou Oaks neighborhood. He said the gate and fence installed by Mr. Stanisky had devalued the properties in the neighborhood.

Commissioner Stambaugh suggested the fence may be required to obtain a state permit to dig the pond and could be removed after the pond was completed.

Dan Coty also spoke regarding the application. He said the minutes of the meeting in which the property was rezoned from FA to PD would show the Mainland Planning Commission and County Commission intended to allow mobile homes as a permitted use on the property.

 

A motion was made by Commissioner Browning and seconded by Commissioner Coleman to deny the request to amend the PD Text. The motion carried 4-3 with Commissioner Stambaugh, Commissioner Booker, and Commissioner Strickland opposed.

 

 

CONSENT AGENDA – General Business

 

7.         Approved the minutes of the special called meetings held September 20, 2016, and October 13, 2016, as well as the minutes of the regular meeting held October 20, 2016, subject to any necessary corrections.  (C. Overstreet)

 

8.         Approve increasing the purchase order to Witt O’Brien’s to an amount not to exceed $1,271,291 for monitoring of debris removal and disposal services resulting from Hurricane Matthew with funding to be provided by Committed Fund Balance – Stabilization Fund.  (D. Austin) REPORT   This item was removed from the consent agenda for discussion.

 

9.         Acknowledged and recognized the existence of a Memorandum of Understanding between the Brunswick and Glynn County Development Authority, the Glynn County Airport Commission, Brumbach Development, Inc., and Rich Products Corporation regarding irrigation well on Airport property.  REPORT

 

10.       Approved the Programming Agreement between Golden Isles Productions, LLC. and Glynn County to allow access to Glynn County’s Educational and Government (EG) Channel (channel 99) for broadcasting programming approved by County staff.  REPORT

 

A motion was made by Commissioner Browning and seconded by Commissioner Stambaugh to approve all items on the consent agenda except item 8. The motion carried unanimously.

 

GENERAL BUSINESS

 

11.       Consider an amendment to Sections 2-3-2, 2-3-3, and 2-3-16 of the Liquor, Malt Beverage, and Wine Ordinance to add definitions for “beer specialty shop” and “wine specialty shop,” to provide regulations for the operation of such specialty shops, to provide an exception to the distance requirement from a school or church, and to correct typographical errors.  (D. Provenzano) REPORT

 

Senior Assistant County Attorney Will Worley reported the proposed amendment would allow a boutique wine or beer shop subject to the same distance requirements as restaurants.

The proposed ordinance creates beer specialty shops and wine specialty shops. These shops would only be allowed to serve Monday through Saturday. The hours of operation would be determined by the Board and only on-premises consumption would be allowed. These shops would be subject to the same distance requirements as restaurants, which means there are no distance requirement from residential properties.

Chairman Strickland recommended the hours of operation be limited to either 10:00 p.m. or 11:00 p.m., no allowance for entertainment, and a minimum of 200-foot from residential properties. Mr. Worley responded that “entertainment” is hard to define; therefore, the ordinance was written to regulate the use of noise amplification devices; requiring that they not be used in such a way so that it can be heard outside of the establishment.

Regarding the addition of a distance restriction to a residential property, Mr. Worley said another amendment would be needed. The current ordinance requires the measurement from a school or church to a leased premises that is part of a larger development to be taken from the leased premises rather than from the property line, but the proposed ordinance would need to be amended to require this measurement also be from residential property to the leased premises.

This ordinance would allow by-the-drink, on-premises consumption but no package sales.

 

A motion was made by Commissioner Provenzano and seconded by Commissioner Stambaugh to adopt the ordinance with a stipulation that the hours of operation are limited to 11:00 a.m. to 11:00 p.m. and with the regulation of noise amplification devises so that they not be used in such a way so that it can be heard outside of the establishment. The motion carried 4-3 with Commissioner Booker, Commissioner Strickland, and Commissioner Coleman opposed. Ordinance #O-2016-13

 

PUBLIC HEARING – Land Use

 

12.       SUP3306 – Weber’s Growler Factory:  Consider a request for a special use permit to allow a drinking establishment at an existing retail alcohol sales establishment.  The property is zoned Highway Commercial (HC) and is located on the south side of the Longview Shopping Center, approximately 95 feet from the intersection of Longview Plaza and Frederica Road.  Parcel ID:  04-02252.  Kelly Weber, applicant and owner.  REPORT

 

Ms. Dagenhart reported this request was for a special use permit to allow Weber’s Growler Factory to sell beer for on-premises consumption. If the special use permit was approved, the applicant would be able to apply for an alcoholic beverage license to sell beer on premises with understanding that the sale of alcohol for off-premises consumption would no longer be allowed.

The Mainland Planning Commission and staff recommended approval of the permit.

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

 

A motion was made by Commissioner Stambaugh and seconded by Commissioner Provenzano to approve SUP3306. The motion carried 4-3 with Commissioner Coleman, Commissioner Strickland, and Commissioner Booker opposed.  Resolution #R-53-16

 

13.       Consider adopting the following Shared Vision Statement for Glynn County:

“Working together to make Brunswick and the Golden Isles an exceptional place in Georgia to live, work and visit by strengthening our communities and enhancing the quality of life.”

            This shared vision statement has been adopted by the Brunswick-Golden Isles Chamber of Commerce, the Golden Isles Convention & Visitors Bureau, and the Brunswick-Glynn County Development Authority.  (B. Brunson)

 

A motion was made by Commissioner Brunson and seconded by Commissioner Provenzano to approve adopting the shared vision statement. The motion carried 6-0 with Commissioner Stambaugh absent at the time of the vote.

 

14.       Consider increasing the purchase order to Ceres Environmental, Inc. to an amount not to exceed $8,000,000 for public right-of-way debris removal and disposal services resulting from Hurricane Matthew funding to be provided by the Committed Fund Balance – Stabilization Fund.

 

Public Works Director Dave Austin reported approximately 250,000 cubic yards of debris has been removed from the right-of-ways to date, which is 83% of the amount originally estimated. He said the Federal Emergency Management Agency (FEMA) and the Georgia Emergency Management and Homeland Security Agency (GEMHSA) may reimburse the county for 97% of the debris removal costs.  GEMA

Karl Dix, with Ceres Environmental, provided an overview of FEMA’s Alternative Procedures Pilot Program. He said during the first thirty days of this pilot program, Glynn County has saved $496,093 and can save an additional $270,586 during the next sixty days.

Mr. Dix reported that, as of November 2, 2016, Ceres had hauled 4,775 loads of debris, removed 13,448 hazardous limbs and 1,463 leaning trees. Ceres is operating 3 debris management locations in Glynn County. Witt O’Brien’s, the debris monitoring contractor, has monitored all the debris removal in accordance with FEMA guidelines.

The first of three debris removal passes down county roads is almost complete.

Mr. Dix explained the need to increase the purchase order. He said the first estimate for debris removal was provided five days after the storm. The estimate was provided based on a sampling method utilizing models and a review of 20% of the roads in the county. This was also before residents had fully returned to the county and begun clean up. It is difficult to estimate how much debris may be in a citizen’s back yard before cleanup has begun.  He said an incredible amount of debris has been added to the curbside. He estimates a total of 450,000 cubic yards of debris will be removed.

 

A motion was made by Commissioner Provenzano and seconded by Commissioner Stambaugh to approve increasing the purchase order to Ceres Environmental, Inc. to an amount not to exceed $8,000,000. The motion carried unanimously.

 

8.         Approve increasing the purchase order to Witt O’Brien’s to an amount not to exceed $1,271,291 $1,900,000 for monitoring of debris removal and disposal services resulting from Hurricane Matthew with funding to be provided by Committed Fund Balance – Stabilization Fund.  (D. Austin) REPORT   This item was removed from the consent agenda so the amount could be revised.

 

Witt O’Brien’s monitors the debris removal contractor, Ceres Environmental. This purchase order needed to be increased to allow Witt O’Brien’s to continue monitoring the debris removal. The original purchase order for $300,000 was approved by Chairman Strickland during the State of Emergency. Approval of this initial amount allowed Witt O’Brien’s to begin work.

Debris monitoring is also reimbursable by FEMA.

 

A motion was made by Commissioner Stambaugh and seconded by Commissioner Coleman to approve increasing the purchase order to Witt O’Brien’s to an amount not to exceed $1,900,000 for monitoring of debris removal and disposal services resulting from Hurricane Matthew with funding to be provided by Committed Fund Balance – Stabilization Fund. The motion carried unanimously.

 

15.       Consider the issuance of a purchase order to Ceres Environmental, Inc. in an amount not to exceed $2,000,000 debris removal and disposal services on right-of-way in private communities resulting from Hurricane Matthew with funding to be provided by Committed Fund Balance – Stabilization Fund.

 

Mr. Austin reminded the Board it decided, at its October 20, 2016 meeting, that it would pick up debris in private communities. This purchase order was to begin that work. He also reminded the Board that FEMA may not reimburse the county for this expenditure.

Chairman Strickland said Chatham County had been denied its request for reimbursement to pick up debris in private communities, but planned to file an appeal.

 

A motion was made by Commissioner Stambaugh and seconded by Commissioner Coleman to approve the issuance of the purchase order to Ceres Environmental, Inc. in an amount not to exceed $2,000,000 debris removal and disposal services on right-of-way in private communities resulting from Hurricane Matthew with funding to be provided by Committed Fund Balance – Stabilization Fund. The motion carried unanimously.

 

16.       Consider the issuance of a purchase order to Witt O’Brien’s in an amount not to exceed $500,000 for monitoring of debris removal and disposal services on right-of-way in private communities resulting from Hurricane Matthew with funding to be provided by Committed Fund Balance – Stabilization Fund.

 

A motion was made by Commissioner Brunson and seconded by Commissioner Coleman to approve the issuance of the purchase order to Witt O’Brien’s in an amount not to exceed $500,000 for monitoring of debris removal and disposal services on right-of-way in private communities resulting from Hurricane Matthew with funding to be provided by Committed Fund Balance – Stabilization Fund. The motion carried unanimously.

 

EXECUTIVE SESSION/POST EXECUTIVE SESSION ACTION

 

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

 

There being no further business, the meeting was adjourned a 9:12 p.m.

 

 

                                                                                    ____________________________

Richard Strickland, Chairman

                                                                                    Board of Commissioners

                                                                                    Glynn County , Georgia

Attest:

 

 

_____________________________

Cindee S. Overstreet, Clerk