MINUTES

REGULAR MEETING

GLYNN COUNTY BOARD OF COMMISSIONERS

HISTORIC GLYNN COUNTY COURTHOUSE

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

THURSDAY, JULY 18, 2019 AT 6:00 PM

 

PRESENT:                     Michael Browning, Chairman, District 1

Bill Brunson, Vice Chairman, District 4

Dr. Peter Murphy, Commissioner, District 2

Wayne Neal, Commissioner, District 3

Allen Booker, Commissioner, District 5

David O’Quinn, Commissioner, At Large Post 1

Bob Coleman, Commissioner, At Large Post 2

 

ALSO PRESENT:           Alan Ours, County Manager

                                    Aaron Mumford, County Attorney

Dhwani Patel, County Clerk

 

INVOCATION AND PLEDGE

 

PUBLIC COMMENT PERIOD

 

Jeff Kilgore spoke regarding the Board of Appeals.

 

Annie Polite spoke regarding the hiring practices of Glynn County.

 

COMMISSION PRESENTATIONS AND ANNOUNCEMENTS

 

PUBLIC HEARING – Appeal

 

After receiving a verbal report from County staff regarding the appeal, both persons favoring and persons opposing the relief sought by the appeal shall have an opportunity to address the Board of Commissioners. The persons favoring the relief sought by the appeal shall be invited to speak first, followed by persons opposed to the relief sought by the appeal. Each side shall have a total of 30 minutes each to address the Board of Commissioners. Upon request made to and approved by the Board of Commissioners prior to speaking, any single individual may speak for up to 15 minutes. All other speakers shall be limited to no more than 5 minutes unless permitted additional time by the Board of Commissioners. Any allowance of additional time shall not extend the overall 30 minute time limit per side unless more time is granted by the Board of Commissioners to permit a more complete discussion of the issue. Any rebuttal shall be allowed only within the overall time constraints set out herein.

 

1.         Consider the Community Development Department’s appeal of the Board of Appeals June 6, 2019, decision in Case Number ZV3955 regarding the construction plan/infrastructure only permit (case number CP3880) issued by the Director of Community Development for the St. Simons Land Trust’s Guale Preserve located at 1000, 500, and 110 Lawrence Road on St. Simons Island, Georgia. Parcel IDs: 04-15037, 04-15085, and 04-15246. REPORT

 

Stefanie Leif, Planning Manager, provided a background of the appeal. She stated that on January 23, 2019, the Community Development Director approved a construction plan/infrastructure only permit (CP3880) for the St. Simon’s Land Trust’s Guale Preserve located at 1000, 500, and 110 Lawrence Road, St. Simons Island. The Village Bluff Property Owner’s Association then appealed the Director’s decision shortly after the permit was issued. On May 9, 2019, the Board of Appeals conducted a Public Hearing on the Appeal (ZV3955) and on June 6, 2019, the Board of Appeals rendered a decision modifying the Community Development Director’s decision. On July 2, 2019, the Community Development Department appealed the Board of Appeals’ decision.

Ms. Leif reported that the property is zoned Forest Agricultural (FA) and used as a wildlife preserve, which is allowed in FA. The 258-acre conserved area with trail network is a conservation area/greenway managed by a not-for-profit organization, not proposed or designed as a “regional park.” As outlined by the American Planning Association (2007) Planning and Urban Design Standards, “The primary distinction between… regional parks and greenways is scale and service area. Regional parks are typically at a much larger scale and service area.”

The construction plans approved by the Community Development Director in January were parking lots at two trailhead locations with 5 spaces at the end of Village Drive and a 100-square foot storage shed that does not require a building permit or site plan. All the parking spaces at the Village Drive location are on natural ground. There are 15 parking spaces at the Middle Road location, with one paved accessible space and 14 natural ground spaces.

                She reported that on June 6, the Board of Appeals affirmed the Community Development Director’s decision to approve the Permit, but also imposed the following two conditions on the access to and development of Guale Preserve: 1. Access to Guale Preserve via Village Drive is prohibited; and 2. Additional work at Guale Preserve needs to trigger a Site Plan to be submitted to the Islands Planning Commission for approval.

                The basis for the Community Development Department’s appeal is broken down into three points:

(1)    Village Drive is a public, County maintained road open to the general public. In the instant case, the Board of Appeals’ decision effectively prohibits the St. Simons Land Trust, and the public, from accessing Guale Preserve via Village Drive.  The Board of Appeals lacked the legal authority to impose such a condition pertaining to public access to a public road; and The Board of Appeals affirmed the Community Development Director’s decision to approve the Permit, but also imposed the two conditions on the access to and development of Guale Preserve:

(2)    Glynn County Zoning Ordinance Section 619 controls the types of development that require site plan consideration by the Planning Commissions.  In the event that development at Guale Preserve requires site plan approval under the County’s ordinance, the St. Simons Land Trust would be required to submit an application for site plan approval, and the application would be processed and considered by the Islands Planning Commission accordingly. However, in the instant case, the Board of Appeals’ decision effectively requires that the St. Simons Land Trust apply for and receive site plan approval for any future work or development at Guale Preserve, regardless of whether such work or development actually requires site plan approval under Glynn County’s Ordinances. The Board of Appeals does not have the authority to expand the type of development that requires site plan approval under the County’s Ordinances, and therefore, lacked the legal authority to impose such a condition or requirement upon the St. Simons Land Trust; and

(3)    The issue before the Board of Appeals was whether the Community Development Director properly approved and issued the Permit under existing County Ordinances.  The Board of Appeals failed to cite or provide any controlling authority or basis to support the position that the Permit was improperly issued, and/or that conditions on the Permit were required to bring it into compliance with existing Ordinances.

Ms. Leif also presented pictures of the location and storage shed, maps of the area, and a drone video of Village Drive. She then answered questions presented by the Board.

This item was opened for public comment, and Ben Slade, Susan Shipman, Robin Edenfield, JT Johnson, and Hugh Borque spoke in favor. Walter Rafolski, Melinda White, Gloria Burns, and Julian Smith spoke in opposition.

 

A motion was made by Commissioner Murphy and seconded by Commissioner Brunson to affirm and approve the decision of the Community Development Director to approve the construction plan/infrastructure only Permit for the St. Simons Land Trust’s Guale Preserve; and Reverse and strike, in their entirety, the conditions imposed by the Board of Appeals in Board of Appeals’ Case Number ZV3955 at its June 6, 2019, meeting. The motion carried 5-2 with Commissioner O’Quinn and Commissioner Coleman opposed.

 

PUBLIC HEARING – Land Use

 

Public Hearings will be limited to 30 minutes for each opposing side, with 5 minutes allocated to each individual speaker. Comments are to be limited to relevant information regarding your position and should avoid being repetitious. If your group has a spokesperson, please allow that individual to present your group’s position in the time allocated. Your cooperation in this process will be greatly appreciated.

 

2.         ZM4034 McKinnon St. Simons Airport Planned Development Text Amendment: Consider an amendment to the McKinnon St. Simons Airport Planned Development (PD) Text to allow additional commercial uses within Tracts A, B, and C. The McKinnon St. Simons Airport is zoned Planned Development (PD). Parcel IDs: 04-02922, 04-02803, and 04-02924. Glynn County Airport Commission, applicant, and Glynn County Board of Commissioners, owner. REPORT

 

Stefanie Leif, Planning Manager, reported that the Glynn County Airport Commission requested to allow additional commercial uses in Tracts A, B, and C and to revise the section referencing St. Simons Tree Canopy Preservation Ordinance to make Tract A exempt from the ordinance. The original request that staff and the Airport Commission presented to the IPC is known as version 1.

The Islands Planning Commission (IPC) recommended approval of the amendment to the PD Text with the following revisions (verbatim as stated during the meeting): 1)  Any building that currently exists that changes a use requires site plan approval; 2)  1.2 of the proposed PD Text be amended to use the same language regarding 904 that is in section 2.2 and 3.2 which is Tracts B and C; and, 3)  Current language regarding the tree ordinance be struck and replaced with just the reference that the airport will comply with the tree ordinance. The IPC recommendation is known as version 2.

                Commissioner Brunson suggested version 3 which would delete the site plan requirement suggested by IPC, it keeps other recommendations by IPC, it adds coffee shops with on-site roasting as an allowed use in Tract B, and makes Restaurant a conditional use in Tract B.

                Commissioner O’Quinn suggested version 4 which would delete site plan requirement suggested by IPC, it would keep other recommendations by IPC, it would add coffee shops with on-site roasting as an allowed use in Tract B, it prohibits restaurants in Tract B, it makes restaurants a conditional use in Tracts A and C.

Ms. Leif presented the possible actions that the Board could take and then she answered questions presented by the Board.

This item was opened for public comment and Hugh Borque, Cindey Gardčre, Robert Burr, James Royal, Mary Helen Moses, Bull Gussman, George Ragsdale, Julian Smith, Donald Disney, Hillary Stringfellow, and John Furnas spoke.

 

A motion was made by Commissioner O’Quinn and seconded by Commissioner Booker to approve Version 4 of the PD Text Amendment. Version 4 deletes site plan requirement suggested by IPC, keeps other recommendations by IPC, adds Coffee Shop with on-site roasting as an allowed use in Tract B, prohibits Restaurant in Tract B, and makes Restaurant a conditional use in Tracts A and C. The motion carried unanimously.  Resolution #R-15-19

 

PUBLIC HEARING – Establishment /Increase of Fees

 

3.         Consider adoption of an amendment to Chapter 2-15 of the Glynn County Code of Ordinances to enact Section 2-15-60 through 2-15-69; to be known as the Glynn County Personal Transportation Vehicle Ordinance (commonly referred to as “golf carts”); to provide for the use of personal transportation vehicles (PTVs) and low speed vehicles (LSVs) on certain designated public streets; to designate certain public streets to be used by such vehicles; to provide for registration requirements including a $15 registration fee; to provide for rules of operation; and for other purposes. (P. Murphy) REPORT

 

Will Worley, Senior Assistant County Attorney, presented this item. He stated that he drafted this ordinance at the direction of Commissioner Murphy and that this is a new section to the Code of Ordinances. He reported that a Personal Transportation Vehicle (PTV) is a four-wheeled motor vehicle with a maximum speed of less than 20 mph capable of transporting not more than eight persons and that local governments may allow PTVs on public streets with a posted speed limit of 25 mph or less. He reported that a Low-Speed Vehicles (LSV) is a four-wheeled electric vehicle with a top speed greater than 20 mph but not greater than 25 mph and that state law allows LSVs on public streets with a posted speed limit of 35 mph or less.

Mr. Worley stated that local government may allow PTVs on certain public streets (25 mph or less), require registration of PTVs (once every 5 years), create operating and equipment standards for PTVs, and require PTVs to have insurance as authorized by state law.

Mr. Worley reported that this amendment would allow PTVs on all public streets of 25 mph or less. Owners who would like to operate their PTV on public streets will be required to register with the Community Development Department once every five years at a cost of $15 and will receive a decal that must be displayed on the vehicle. They must also purchase and maintain liability insurance and use seat belts and child restraints. It will limit the occupancy to one person per seat and the person operating it must have a Driver’s License and be at least 16 years old. There is a requirement included that states if three or more vehicles add up behind them, they must pull over at the first opportunity so as not to obstruct traffic. Additionally, they are not allowed on state roads or to cross state roads.

This ordinance does not apply to private streets or private property, for golf courses, or PTVs owned by dealers for sale. Some safety equipment will also be required. PTV rentals must register all of their PTVs, they must provide a copy of the ordinance to all renters and renters must sign a statement acknowledging receipt of ordinances. Additionally, a copy of that statement must be kept in the vehicle. Violations of the ordinance will be enforced in Magistrate Court.

Mr. Worley also answered questions presented by the Board.

This item was opened for public comment and Hugh Borque spoke in opposition. No one spoke in favor.

 

A motion was made by Commissioner Murphy and seconded by Commissioner Booker to adopt an amendment to Chapter 2-15 of the Glynn County Code of Ordinances to enact Section 2-15-60 through 2-15-69; to be known as the Glynn County Personal Transportation Vehicle Ordinance. The motion carried unanimously. Ordinance #O-2019-04

 

CONSENT AGENDA – General Business

 

4.         Approved the minutes of the regular meeting held June 20, 2019, the special called meeting held June 18, 2019, and the joint City/County meeting held June 18, 2019, subject to any necessary corrections. (D. Patel)

 

5.         Adopted a resolution requesting sales tax information from the Georgia Department of Revenue pursuant to o.c.g.a. § 48-2-15(d.1) and naming a designated officer for all related purposes. (T. Munson) REPORT Resolution #R-16-19

 

6.         Approved transferring the tax deeds for 1311 Amherst Street, Brunswick; 1312 Monck Street, Brunswick; 1401 Mansfield Street, Brunswick; and 1510 K Street, Brunswick to the Glynn-Brunswick Land Bank Authority. (W. Worley) REPORT

 

7.         Approved a resolution and agreement with the Georgia Department of Natural Resources (GaDNR), Environmental Protection Division (EPD), for the reimbursement of $42,571.47 from the Hazardous Waste Trust Fund for expenses incurred by Glynn County pertaining to the 4th Street Landfill. (C. Provano) REPORT Resolution #R-17-19

 

8.         Approved the PetsMart Adoption Partner Agreement to allow Glynn County Animal Control to be able to participate in regular and promotional adoption days at PetsMart stores. (T. Hill) REPORT

 

9.         Approved the 1-year Services Agreement for External Entities between the Joint Public Safety Communications Department (JPSCD) and the College of Coastal Georgia (CCGA), allowing GB-911 to provide dispatch services to the CCGA Police Department. (S. Usher) REPORT

 

10.       Assent to the Board of Tax Assessors’ approval of a 4% adjustment in the annual salary of the Chief Appraiser, effective July 1, 2019. REPORT This item was removed from the consent agenda at the request of Commissioner Browning.

 

11.       Approved the appointments of the following employees to the Safety Management and Wellness Committee outlined in Section 2.1.3 of the Employee Safety and Loss Control Manual. This Committee will also serve as the Wellness Committee. REPORT

Dana Bobbitt – Administrative Departments

Lori Hull – Administrative Departments

Katherine Kissling – Airport

Utrina Rankin – Community Development

Benjamin Mauney – Facilities Management

Wendell Knighten – Fire Department

James Lightsey – Police Department

Antio Davis – Public Works

Tempest Green – Recreation and Parks

 

12.       Approved the Real Property Agreement with the Georgia Department of Transportation (GDOT) for the Harry Driggers Blvd Pedestrian Path ‐ Phase II project. P. I. Number: 0009062 & 0010588. (P. Thompson) REPORT

 

13.       Authorized staff to convey all of the right-of-way that was acquired for the SR25 Spur Extension project to GDOT generally as shown on the attached March 7, 2012 memo. (P. Thompson) REPORT

 

14.       Approved a services agreement with Host Compliance LLC for Ordinance Consulting and Facilitation Services in the amount $5,000. This draft services agreement reflects the action taken and approved by the Board of Commissioners at its June 6, 2019, meeting. (J. Catron) REPORT

 

15.       Approve the Demere Road Right-of-Way Improvement Agreement with Mary Wan, LLC for the construction and/or addition of a turn lane into “The Reserve at Demere” in the amount of $97,978.50, with $67,978.50 being converted from a deposit into a payment, and an additional payment of $30,000 from Mary Wan to cover the remaining costs. (P. Thompson) REPORT This item was removed from the consent agenda at the request of Commissioner Browning.

 

A motion was made by Commissioner Brunson and seconded by Commissioner Booker to approve all items on the consent agenda except items 10 and 15, which were removed for discussion. The motion carried unanimously.

 

ITEMS REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION

 

10.       Assent to the Board of Tax Assessors’ approval of a 4% adjustment in the annual salary of the Chief Appraiser, effective July 1, 2019. REPORT This item was removed from the consent agenda at the request of Commissioner Browning.

 

A motion was made by Commissioner Brunson and seconded by Commissioner Booker to deny the Board of Tax Assessors’ approval of a 4% adjustment in the annual salary of the Chief Appraiser, effective July 1, 2019. The motion carried unanimously.

 

15.       Approve the Demere Road Right-of-Way Improvement Agreement with Mary Wan, LLC for the construction and/or addition of a turn lane into “The Reserve at Demere” in the amount of $97,978.50, with $67,978.50 being converted from a deposit into a payment, and an additional payment of $30,000 from Mary Wan to cover the remaining costs. (P. Thompson) REPORT This item was removed from the consent agenda at the request of Commissioner Browning.

 

A motion was made by Commissioner Murphy and seconded by Commissioner Coleman to approve the Demere Road Right-of-Way Improvement Agreement with Mary Wan, LLC and Palmetto Building Group, LLC for the construction and/or addition of a turn lane into “The Reserve at Demere” in the amount of $97,978.50, with $67,978.50 being converted from a deposit into a payment, and an additional payment of $30,000 from Mary Wan to cover the remaining costs. The motion carried unanimously.

 

APPOINTMENTS

 

16.       Consider the appointment of one (1) citizen to serve on the Glynn County Board of Health representing licensed physicians. This term begins immediately and ends December 31, 2024.

            Shenon Badre

            Amy Pavlou

 

Commissioner Brunson nominated Amy Pavlou.

 

The Board voted unanimously to appoint Amy Pavlou to serve on the Glynn County Board of Health.

 

GENERAL BUSINESS

 

17.       Consider awarding a contract for the Veteran’s Memorial Park construction to Altamaha Building Systems, Inc., Surrency, GA, in the amount of $1,942,507.44 with $1,373,950 in SPLOST 2016 funds, $293,864 in savings from road projects in the Capital Projects Fund and $274,693 from the Capital Project Fund undesignated fund balance. (D. Austin) REPORT

 

A motion was made by Commissioner Coleman and seconded by Commissioner Brunson to award a contract for the Veteran’s Memorial Park construction to Altamaha Building Systems, Inc. The motion carried 6-1 with Commissioner O’Quinn opposed.

 

18.       Consider authorizing the reorganization of County Departments and the reclassification of department head positions (A. Ours, O. Reed) REPORT

 

A motion was made by Commissioner O’Quinn and seconded by Commissioner Neal to defer this reorganization back to the Personnel Committee. 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 adjourned at 10:50 p.m.

 

 

 

                                                                                    ____________________________

Michael Browning, Chairman

                                                                                    Board of Commissioners

                                                                                    Glynn County, Georgia

Attest:

 

 

_____________________________

Dhwani Patel, County Clerk