PRESENT: His Honor Mayor Bryan Thompson, Commissioners Jonathan Williams, Cornell Harvey, Mark Spaulding and James Brooks, Sr.

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1 OFFICIAL MINUTES COMMISSION OF THE CITY OF BRUNSWICK, GEORGIA REGULAR MEETING WEDNESDAY, MARCH 1, 2006 AT 6:30 P. M. OLD CITY HALL 1229 NEWCASTLE STREET, 2 ND FLOOR PRESENT: His Honor Mayor Bryan Thompson, Commissioners Jonathan Williams, Cornell Harvey, Mark Spaulding and James Brooks, Sr. CALL TO ORDER: Mayor Thompson called the meeting to order. INVOCATION: Commissioner Williams gave the invocation. PLEDGE OF ALLEGIENCE: Everyone in attendance recited the Pledge of Allegiance in unison. Steve Belcher, Consultant for Stantec presented a plaque to the Mayor and Commissioners from the American Council of Engineering for true capacity and growth of the City s Wastewater treatment plants. I. PUBLIC RECOGNITION Proclamation recognizing Howard (Howie) Mandell, MC of the show Deal of No Deal, for The Year of the Mandell Moment. Mayor Thompson read a Proclamation proclaiming 2006 as the year of the Mandell Moment encouraging all citizens of Brunswick to set aside time each day for a Mandell Moment to reflect favorably upon the past, present and future of Howie Mandell MC of the show Deal or No Deal. II. PUBLIC HEARING LAND USE Following items presented by Arne Glaeser, City Planner: 1. Rezone Petition No to rezone 3200 Gordon Street from GR, General Residential to LC, Local Commercial for Zion Rock Missionary Baptist Church. Arne Glaeser, City Planner recommended denial of granting the requested zoning from General Residential to Local Commercial to Zion Rock Missionary Baptist Church. He recommended that their signage be approved through the conditional use process and the 35-foot tall sign would be extremely intrusive in a residential area. Edward Bostic representing Zion Rock Missionary Baptist Church presented photos of three signs the church would consider using. He pointed out that one of the signs could be used at the Church. Following a discussion, Commissioner Harvey made a motion and Commissioner

2 Williams seconded the motion to table until the meeting of April 5, The motion passed by vote of 5 to Petition No from Sammie Thompson requesting to subdivide a vacant lot into two (2) lots located at 1724 Martin Luther King, Jr. Boulevard. Arne Glaeser, City Planner recommended granting the proposed subdivision of the lot located at 1724 Martin Luther King, Jr. Blvd into two lots. Following a discussion, Commissioner Spaulding made a motion and Commissioner Brooks seconded the motion granting approval of sub dividing the property located at 1724 Martin Luther King, Jr. Blvd. The motion passed by vote of 5 to Petition, No from Paul and Cathy Nix requesting a front yard setback on a parcel zoned R9 located at 11 Wassaw Island Circle in Riverside Subdivision. Arne Glaeser, City Consultant recommended granting the requested variance to the minimum front yard requirement set back in the R-9 zoning district. Mayor Thompson asked persons who wished to speak for or against the proposed Rezoning. Bussey Ramsey, representing the Riverside Homeowners Association spoke in favor of granting the variance. Following a discussion, Commissioner Spaulding made a motion and Commissioner Brooks seconded the motion approving the minimum front yard setback for 11 Wassaw Island Circle in Riverside Dr. The motion passed by vote of 5 to Proposed amendments to Zoning Ordinance #976: a) Article VI. General Residential District, Sec , Townhouses-Special requirements Arne Glaser, City Consultant recommended deleting the townhouse special requirements. b) Article VI. General Residential District, Sec , Other Requirements Arne Glaser, City Consultant recommended to reduce front yard setback requirements in R-9, R-6 and GR zone districts. Following a discussion, Commissioner Spaulding made a motion and Commissioner Williams seconded the motion adopting the following ordinance: ORDINANCE 976 AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF BRUNSWICK (CHAPTER 23 OF THE MUNICIPAL CODE OF ORDINANCES), PARTICULARLY TO PROVISIONS 2

3 RELATING TO TOWNHOUSE REQUIREMENTS AND TO PROVISIONS RELATING TO YARD SETBACK REQUIREMENTS; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF BRUNSWICK that the Code of the City of Brunswick be and is hereby amended as follows: SECTION ONE Chapter Twenty-Three of the City Code of Brunswick is amended by deleting Article IV R-9 One-Family Residential District, Section Four, Other Requirements and replacing it with the following: Sec Other requirements. Unless otherwise specified elsewhere in this chapter, uses permitted in R-9 zoning districts shall be required to conform to the following standards: (a) (b) (c) (d) (e) Minimum lot area: 9,000 square feet. Minimum land area per dwelling unit: 9,000 square feet. Maximum dwelling units per net acre: Four dwelling units. Minimum lot width: 70 feet. Minimum front yard depth: 15 feet. (f) Minimum side yard: Five feet on each side and total no less than 20 percent of the lot width. (g) (h) Minimum rear yard: 10 feet. Maximum building height: 35 feet. SECTION TWO Chapter Twenty-Three of the City Code of Brunswick is amended by deleting Article V R-6 One-Family Residential District, Section Four, Other Requirements and replacing it with the following: Sec Other requirements. Unless otherwise specified elsewhere in this chapter, uses permitted in R-6 zoning districts shall be required to conform to the following standards: (a) Minimum lot area: 6,000 square feet. 3

4 (b) (c) (d) (e) Minimum area per dwelling unit: 6,000 square feet. Maximum dwelling units per net acre: Seven dwelling units. Minimum lot width: 60 feet. Maximum front yard depth: 15 feet. (f) Minimum side yard: Five feet on each side and total no less than 20 percent of the lot width. (g) (h) Minimum rear yard: 10 feet. Maximum building height: 35 feet. SECTION THREE Chapter Twenty-Three of the City Code of Brunswick is amended by deleting the existing Article VI, Section Four, Townhouses Special Requirements, and renumbering Article VI, Section Five, Other Requirements as Article VI, Section Four, so as to read Sec Other Requirements. Chapter Twenty-Three of the City Code of Brunswick is amended by deleting the new Article VI GR General Residential District, Section Four, Other Requirements, and replacing it with the following: Sec Other requirements. Unless otherwise specified elsewhere in this chapter, uses permitted in GR zoning districts shall be required to conform to the following standards: (a) Minimum lot area: One-family residence: 4,500 square feet One-family residence in the Old Town Brunswick Historic Preservation District: 8,100 square feet (except those blocks between Wolfe Street and Norwich Lane and between F and H Streets are to remain at the 4,500 square foot minimum) Two-family residence: 5,400 square feet Group dwelling: 5,400 square feet Townhouse dwelling: 6,000 square feet Multi-family dwelling: 6,000 square feet Other principle use: 6,000 square feet (b) Minimum lot area per dwelling unit: The minimum area per dwelling unit on a lot shall not be less than indicated by dwelling unit type on the following schedule: One-family residence: Two-family residence: Group dwelling: Townhouse dwelling: Multiple-family dwelling: 4,500 square feet 2,700 square feet Not applicable 1,800 square feet According to the following table: 4

5 TABLE A Lot Area Square Footage Required for Multiple-Family Dwelling Units Unit Type One-Story 2-Story 3-Story 4 or More Efficiency 2,000 1,435 1,410 1,240 One-bedroom 2,000 1,775 1,625 1,438 Two-bedroom 2,650 2,475 2,125 1,825 Three-bedroom 3,525 3,175 2,653 2,200 Four or more bedrooms 4,375 3,975 3,492 2,725 Other principal use Not applicable (c) Maximum dwelling units per net acre: The maximum number of dwelling units per acre shall not exceed the number indicated by dwelling unit type on the following schedule. In instances where the permitted figure is determined to include a fraction, the lesser round number shall apply: One-family residence: Two-family residence: Group dwelling: Townhouse dwelling: Multiple-family dwelling: Nine dwelling units 16 dwelling units Not applicable 24 dwelling units According to the following table: TABLE B Permitted Multiple-family Dwelling Units per Net Acre by Unit Type Unit Type One-Story 2-Story 3-Story 4 or More Efficiency One-bedroom Two-bedroom Three-bedroom Four or more bedrooms Other principal use Not applicable (d) Minimum lot width: One-family dwelling: 45 feet Two-family dwelling: 60 feet Group dwelling unit: 60 feet Townhouse dwelling: 60 feet Multiple-family dwelling: 60 feet Other principle use: 60 feet measured from the nearest street rightof-way line (e) Minimum front yard: 15 feet. (f) Minimum side yard: Five feet on each side and total no less than 20 percent of the lot width. (g) Minimum rear yard: 10 feet. (h) Maximum building height: One-family residence: 35 feet Two-family residence: 35 feet Group dwelling: 60 feet, subject to the approval of the fire chief Multiple-family dwelling: 60 feet, subject to the approval of the fire chief Other principle use: 60 feet, subject to the approval of the fire chief 5

6 SECTION FOUR If any section, clause, sentence, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall have no effect upon the validity of the remaining portions of this Ordinance. SECTION FIVE All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. SECTION SIX This Ordinance shall be effective immediately upon its adoption by the City Commission. SO ORDAINED BY THE CITY COMMISSION OF THE CITY OF BRUNSWICK THIS 1 ST DAY OF MARCH By: /s/ Bryan Thompson Bryan Thompson, Mayor Attest: /s/ Georgia Marion Georgia Marion, Clerk II. DELEGATION(S) 1. Carolyn Nugent of the Colonial Dames Organization, to address the clean up of Oak Grove Cemetery. (B.Thompson) Carolyn Nugent requested that the Colonial Dames Restoration Project the clean up of Oak Grove Cemetery be allowed to replace markers and repair fences along with other organizations. Following a discussion, the Mayor instructed Mrs. Nugent to work with the City Manager and Cemetery staff. 2. Terry Smith, Manager of Georgia Department of Veterans Association, to speak on activities that took place in the year 2005 and plans for the year (B.Thompson). This item was not discussed. 6

7 III. CONSENT ITEM(S) 1. Minutes of the February 15, 2006 regular meeting. Commissioner Williams made a motion and Commissioner Harvey seconded the motion approving the minutes of the meeting of February 15, The motion passed by vote of 5 to Petition received from James D. Benefield, III, Attorney for Ralph W. Hodges, for a Quitclaim Deed for his client, the present owner to Old Town E-61 of Lot 60, to clear title record of Tax Deed which was subsequently redeemed, but lost, or misplaced without being recorded. Commissioner Williams made a motion and Commissioner Brooks seconded the motion authorizing the Mayor to execute the Quitclaim deed. The motion passed by vote of 5 to Monthly reports: a) General Fund b) Community Development c) Sanitation Fund d) SPLOST III & IV The Finance Director submitted the above monthly reports. The Finance Director updated the Commission on the fund balances of these accounts. Following a discussion, Commissioner Spaulding made a motion and Commissioner Brooks seconded the motion to accept the above reports. The motion passed by 5 to Bid recommendations on the following vehicles for Water and Wastewater: a) P/U Ford Ranger Trucks The following bids were received to purchase two 2006 PU Ford Ranger Trucks: Lilliston Ford Delivery 6-8 weeks $21, P. O. Box 725 Darien, GA Allen Vigil Ford $21, Mt. Zion Blvd. Morrow, GA Kings Colonial Ford $21, Community Road Brunswick, GA Brannen Motor Co. $23, P. O. Box 746 Unadilla, GA 7

8 Following a discussion, Commissioner Spaulding made a motion and Commissioner Brooks seconded the motion to accept the low bid of Lilliston Ford for $21, The motion passed by vote of 5 to 0. b) F150 4x2 SS Cap Ford Truck The following bids were received for a Ford Truck F 150 x 2 SS Supercab: Kings Colonial Ford Delivery 6-8 weeks $16, Community Road Brunswick, GA Lilliston Ford $21, P. O. Box 725 Darien, GA Alan Vigil Ford $16, Mt. Zion Blvd. Morrow, GA Carl Gregory Chrysler $26, Altama Avenue Brunswick, GA Following a discussion, Commissioner Spaulding made a motion and Commissioner Williams seconded the motion to accept the low bid of King s Colonial Ford for $16, The motion passed by vote of 5 to 0. c) 1 Excavator The following bid was received for an Excavator New Compact Bob Cat 430 ZHS: Bobcat And Forklifts of Savannah $30, Ann Street Savannah, GA Batten Tractor $30, Madison Avenue Douglas, GA Following a discussion, Commissioner Williams made a motion and Commissioner Spaulding seconded the motion to accept the low bid of Bobcat and Forklifts of Savannah in the amount of $30, The motion passed by vote of 5 to 0. d) Flat Bed Body Dump Truck The following bid was received for a Dump Truck New W/ 16 Flat Bed Body: Volvo GMC Truck Center Delivery 120 Days $59, Jeff Adams Drive Charolette, NC

9 Nalley Motor Trucks $60, Moreland Avenue Atlanta, GA D & M International $61, Hwy. 84 West Blackshear, GA Asbell Truck Center $62, New Kings Road Jacksonville, FL Following a discussion, Commissioner Williams made a motion and Commissioner Spaulding seconded the motion to accept the low bid of Volvo GMC Trucks for $59, The motion passed by vote of 5 to Burton Carter Construction Manager, requesting execution of FLETC Water Meter Contract. Commissioner Spaulding made a motion and Commissioner Harvey seconded the motion authorizing the Mayor and Clerk to execute the Water Meter Contract. The motion passed by vote of 5 to Steve Belcher, Consultant with Stantec, requesting approval to purchase additional items needed for the Sludge Drier at the Wastewater Treatment Plant. It was noted that this item was removed from the original agenda. V. DISCUSSION GENERAL BUSINESS 1. A. J. Jones, Community Development Director, to address the City s Housing Rehabilitation efforts. (C.Harvey) The Community Development submitted a list with the names of seven Homeowners who was approved or rehabilitation of their homes. He next discussed the Work Changes Group coming into Brunswick in July to upgrade homes free of charge to the homeowners. 2. Proposed Ordinance #977 in reference to skateboards. (L.Frey) Following a discussion, Commissioner Spaulding made a motion and Commissioner Harvey seconded the motion to adopt the following Ordinance. The motion passed by vote of 5 to 0. ORDINANCE 977 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF BRUNSWICK, PARTICULARLY THE PROVISIONS RELATING TO USE OF SKATEBOARDS, SCOOTERS, CARTS AND 9

10 SIMILAR DEVICES IN PUBLIC PLACES; TO PROVIDE FOR REPEAL OF CONFLICTING ORDINANCES; TO PROVIDE FOR SEVERABILITY; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. THE CITY COMMISSION OF THE CITY OF BRUNSWICK HEREBY ORDAINS: SECTION ONE The municipal code of the City of Brunswick, Georgia, is hereby amended by deleting Section thereof and replacing said section with a new Section 14-10, which shall read as follows: Sec Use of Skateboards, skates, coasters and similar devices. This section shall apply to use of roller skates, skateboards, roller blades, bicycles, and any other human-powered vehicle, inline skates, whether intended for recreation, transportation or otherwise (referred to in this section as non-motorized devices ) and to any go- cart, motorcycle, moped, scooter, mini-bike, golf cart, or other vehicle engine ( motorized device ). It shall not powered by any motor or apply to use of shopping carts, hand trucks and similar devices when intended for (and actually used for) the purpose of moving groceries, furniture, appliances, containers and similar items over a short distance (not exceeding two city blocks). It shall not apply to use of a motorized wheelchair or similar device by any disabled or handicapped person. It shall not apply to any baby stroller or other similar device designed for (and actually used for) transporting infants five years of age or younger if propelled by and under the control of a parent or legal guardian or other person authorized by a parent or legal guardian to do so. 10

11 (a). No person shall use or operate any non-motorized device on or upon any sidewalk in any General Commercial Core (GC Core) zoning district, or at any place where signage is posted to prohibit such use or operation. (b). No person shall use or operate any motorized device on or upon any sidewalk. (c). No person shall use or operate any motorized or non- device upon any publicly-owned stairway, handrail, motorized handicapped access ramp, fence, bench, monument or any concrete or brick coping, retaining wall or similar architectural feature. (d). No person shall use or operate a motorized or non- motorized device in a reckless, disruptive or unsafe manner so as to impede, obstruct or endanger any person making use of a sidewalk or other pubic property, or so as to damage any public property or landscaping. (e). No person shall, while riding or using any motorized or nonmotorized device covered under this section, grab hold of, hang onto, or cling to any other such device or to any motor vehicle, or to any rope, line or handle attached in any way to such other device or vehicle so long as either device or vehicle is in motion. (f). Use of any non-motorized device on any sidewalk where such use is permitted under this section shall be subject to the requirement that the operator of the non-motorized device shall yield and give way to pedestrians using the sidewalk. (g). In the event a person seventeen years of age or younger commits an act in violation of this section, any officer of the Brunswick Police Department may take possession of and secure the device used in the 11

12 violation until such time as the minor s parent or legal guardian shall appear at the Brunswick Police Department headquarters to obtain possession of the device. In the event of a second or subsequent violation of this section by a person under seventeen, the device shall be retained by the police until the violation is resolved by court appearance or otherwise. SECTION TWO All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. SECTION THREE It is the intention of the City Commission in adopting this ordinance that, should any paragraph, phrase, clause, word or other part hereof be adjudicated invalid under state or federal law, then any remaining portions of the ordinance shall remain in effect and be enforced to the extent reasonably consistent with the purposes hereof. SECTION FOUR This ordinance shall be effective immediately upon its adoption by the City Commission. Ordinance 977 approved this 1 st day of March, 2006, by vote of the Mayor and Commission of the City of Brunswick, Georgia. ATTEST: /s/ Georgia Marion Georgia Marion, City Clerk /s/ Bryan Thompson Bryan Thompson, Mayor 3. Employees Appreciation Day. (J.Brooks) 12

13 Commissioner Brooks suggested that the City have an Employees Appreciation Day and an Employee of the Month and Employee of the Year. Following a lengthy discussion concerning the funding for the Appreciation Day it was recommended that a budget be submitted along with a plan to Organize the Appreciation Day. EXECUTIVE SESSION Commissioner Spaulding made a motion and Commissioner Harvey seconded the motion to hold an Executive Session to discuss personnel issues. The motion passed by vote of 5 to 0. Back in Session. Following the Executive Session, no action was taken. Commissioner Williams made a motion and Commissioner Spaulding seconded the motion to adjourn the meeting. The motion passed by vote of 5 to 0. MEETING ADJOURNED. /s/ Bryan Thompson Bryan Thompson, Mayor Attest: /s/ Georgia Marion Georgia Marion, City Clerk 13