HomeMy Public PortalAbout19820915SCMeeting1
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Tybee Island, Georgia
September 15, 1982
A special - called meeting of the Tybee Island City Council was held at
7:30 p.m. on Wednesday, September 15, 1982 at Tybee Island City Hall. Mayor
Charles J. Hosti presided and the following members of Council were present:
Jerome W. Bettencourt, Klima J. McCutchen, Sebastian J. Orsini, John C. Wylly,
Jeanne M. Hutton, and James L. Fabrikant. City Attorney Thomas J. Mahoney, Jr.
was also present.
The meeting was called for the following purposes:
1) The reading of a Resolution accepting a $10,000.00
grant from EPD for sewer line work
2) Review a decision on a Request to: °Transfer a Business
License for Alcohol Sales
3) Study of proposed subdivision and sign ordinances forwarded
by the Tybee Island Planning Commission with recommendations to adopt.
The meeting was opened for business legally presented, and the grant
Resolution was read and explained by Councilperson Orsini. Councilperson Betten-
court then moved its adoption, Councilperson McCutchen seconded and the vote was
unanimously in favor. A copy of the Resolution; is at-achedr:to .,: and becomes a part
of, these minutes. Mayor Hosti stated that he is very pleased with the consideration
the city.iis being given by the "state officials this is the third such opportunity
the city has recently taken advantage of, and each has resulted in additional grant
monies being made available for our use.
The proposed subdivision ordinance, prepared by Metropolitan Planning
Commission and studied by the Tybee Island Planning Commission, was the next item
on the agenda. The clerk read a letter from Arnold J. Seyden, Jr., chairman of
the Planning Commission. Adoption is recommended, and this reading of the ordinance
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is intended to be a study reading to familiarize the group with the proposed
ordinance, which is lengthy and unfamiliar to most Members of Council. Several
members felt that the ordinance is too complicated and too lengthy. It was
agreed that sane form of subdivision ordinance is needed, but it was asked if
could be simplified. All agreed to ask the chairman of the planning commission
to come to the next agenda meeting and talk about the ordinance, explaining the
reasons for some of the provisions. It was also agreed, after same discussion,
that the Council would stay w.j,th the subdivision ordinance until it is canplete,
then move on to a study of the proposed sign ordinance.
Mayor Hosti announced that, at the last regular meeting, a transfer
of an alcoholic beverage license from Mrs.:41illie King to Michael Nagle had been
approved tentatively, pending further investigation. Results of subsequent in-
vestigation led Police Commissioner Fabrikant to move that the transfer be denied;
Councilperson Wylly seconded, and the motion passed unanimously.
Mayor Hosti informed the Council that Mrs. Genevieve O'Connor, Eighth
Street resident, is continuing to protest the permit granted to Allen Hendrix by
the Corps of Engineers, which calls for filling a small trianglular portion of
Eighth Street. He informed Council that there is the possibility of legal
action resulting from this dispute, but that he will keep the Council informed.
City Attorney Mahoney then offered as information the fact that a law
suit is beginning over the rights of easement and access to the strand from
Atlantic Avenue. He explained that, in April of 1981 a new state statute was
pa.ssed,which gives Recorder's Courts in smaller towns jurisdiction over the abate -
ment of nuisances. He stated that such a charge has been brought against Island
Villas, Inc., and will be heard in our Recorder's Court on September 28, 1982.
•A local attorney, Robert Duffey, is acting for the plaintiffs and Lee & Clark,
a Savannah firm, for the defendants.
The meeting w adjourned.
CLERK OF COUNCIL '.4.-.4-62-V
RESOLUTION -
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WHEREAS, the City - of Tybee Island has applied to the Division
of Envirol ental Protection of the Department of Natural Resources for a grant of
financial assistance to secure adequate water nn11Ltinn control facilities, and;
VNEHEAS, such facilities are necessary to provide adequately for .the public
}m11-}1 and welfare;
TT IS HEREBY RESOLVED by the Council that the proposed CONTRACT FOR STATE GRANT
N0.
83- E WPC -3
be and the same is hereby approved and the Mayor is herewith
authorized to execute, an behalf of the
Council, the referenced contract and any
to Obtain the grant or secure such water
therein.
THIS 15th day of September
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Cl - ' k of Council
B Fripp
(SEAL)
City - of Tybee Island and the
other related documents or papers necessary
pollution control facilities as provided
, 19,82
Councilman
Councilman Kilma McCutchen
Co John C. Wyl y, Jr.
iI.:an Jeanne Hutton
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STATE OF GEORGIA
FULTON COUNTY
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CONTRACT FOR EMERGENCY STATE GRANT NO. 83 -E -WPC- 3
THIS CONTRACT made and entered into this • -day of , 15` , by
and between the Environmental Protection D sion of the-kpartment of Natural
Resources, State of Georgia, hereinafter referred to as the "Division ", and the
City of Tybee Island acting through its Mayor and Councilpursuant to a resolution
duly passed hereinafter referred to as the "Grantee ".
W I T N E S S E T H
WHEREAS, the Division, as established by the Executive Reorganization Act of
1972, is authorized by the Georgia Water Quality Control Act of 1964, Ga. Laws
1964, p. 416 et. seq., as amended, to make grants to municipalities, counties
and public agencies to assist them in the construction of water pollution
control facilities where the need is shown; and
WHEREAS, the General Appropriations Act of F.Y. 1983 appropriated 1 million
dollars to the Division for Emergency water and sewer grants; and
WHEREAS, the Grantee has made application to the Division for a grant for
financial assistance in the construction of water pollution control facilities;
WHEREAS, the Grantee has demonstrated that financial assistance is necessary
to meet immediate water pollution control needs and has met all requirements
for such assistance from the State, including receiving a high ranking under
the priority system established by the Board of Natural Resources; and
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reference, approving
WHEREAS, the Grantee in a duly held meeting on
a resolution, attached hereto and incorporated her
this contract and authorizing the acceptance hereof;
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NOW, THEREFORE, for and in consideration of the mutual benefits flowing to
each party as hereinafter appear below, the parties mutually agree as follows:
A. The Grantee agrees:
1. To construct, in accordance with State laws and rules, a water
pollution control project described in general as follows:
To replace approximately 500 LF of 8 inch sewer line and
appurtenances;
2. To submit detailed engineering plans and specifications on this
project to this Division, as required;
3. To require contractors to provide 100 percent completion bonds
on this project;
4. To maintain all project records in an orderly form and to keep
all records for State inspection for at least 2 years after
final payment;
5. To employ an adequate number of operators who meet the
qualifications set by the State Board of Examiners for
Certification of Water and Wastewater Treatment Plant Operators;
6. To operate and maintain the water pollution control project in
compliance with all State laws and all rules and regulations
adopted pursuant to such laws, including but not limited to the
rules and regulations promolgated by the Board of Natural
Resources;
7. To submit to the Division four quarterly itemized reports of all
payments made on this project as of March 31, June 30, September
30 and December 31 of each year until final payment is made.
These reports are to be submitted within thirty (30) calender
days of the conclusion of the reporting period;
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8. That if the Grantee is a nonprofit contractor as defined in
subsection (b) of section (1) of Ga. Laws Nineteen Hundred and
Seventy -Six (1976), p. 1414, as amended, then the Grantee agrees
to comply with the provisions of said Act, and with such further
instructions and requirements that the State of Georgia may
subsequently require in the implementation of said Act;
9. That in accordance with the Board of Natural Resources
guidelines, the Grantee must provide non -State matching funds
equal to the amount of the State grant being provided for this
project. The non -State matching funds to be supplied by the
Grantee may not consist of Federal EPA funds;
10. To begin work on this project no later than thirty (30) days
after the date this contract is executed and complete this
project within a reasonable period of time thereafter.
B. The Grantee covenants that it presently has no interest, direct or
indirect, which would conflict in any manner or degree with the
performance required under this Agreement. The Grantee further
covenants that in the performance of this Agreement, no person having
any such interest shall be employed or contracted with.
C. The Division agrees to pay to the Grantee a financial water pollution
control grant in an amount not to exceed $ 10,000 total. The
Division shall reimburse the Grantee for 50 percent of the grant
after completion of 50 percent or more of the construction of the
project and shall reimburse the Grantee for the remaining part of the
grant after completion of 100 percent of construction of the
project. The total amount reimbursed shall not exceed $ 10,000 .
All such reimbursements shall be contingent upon a showing by the
Grantee that it has complied with provision A.9 of this Agreement.
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D. The Division and the Grantee mutually agree:
1. That payments to the Grantee by the Division shall be based upon
cancelled checks and invoices for materials, services or
utilities in accordance with approved engineering plans and
specifications which invoices and cancelled checks shall be
furnished to the Division by the Grantee;
2. That this Agreement is based upon the condition that if the
Grantee fails to perform fully that which it herein agrees to
perform, this contract shall be void and of no effect and in
such event any funds thus far paid by the Division to the
Grantee shall be returned, and shall be due and owing to said
Division, but if such condition is fully and truly performed,
this Agreement shall be and remain in full force and effect;
3. That the failure of the Division at any time to require
performance by the Grantee of any provision hereof shall in no
way affect the right of the Division thereafter to enforce that
same provision or any part of the contract, nor shall the
failure of the Division to enforce any breach of any provision
hereof be taken or held to be a waiver of such provision, or as
a waiver, modification or rescission of the contract itself;
4. That this Agreement is at all times subject to applicable State
laws, standards and/or rules and regulations now existing or
which may be hereafter enacted and /or adopted by the State of
Georgia or the Board of Natural Resources; and that this
Agreement and all rights, priviledges and responsibilities shall
be interpreted and construed according to the laws of the State
of Georgia;
5. That the provisions of law contained in the Act prohibiting
fulltime appointive officials and employees of the State from
engaging in certain transactions affecting the State, approved
February 13, 1956 (Ga. Laws 1956, p. 60), as amended, and
unofficially codified in sections 89 -913 through 89 -918 of the
Georgia Code Annotated, have not and will not be violated in any
respect in regard to this Agreement;
6. That the proceeds of this Agreement may not be assigned, nor may
the performance thereunder be delegated, except with the prior
written consent of the Director of the Division;
7. That this contract represents the sole and complete
understanding of the terms of this Agreement between the parties
hereto, and any changes in the scope of this Agreement shall be
mutually agreed upon by and between the Division and the Grantee
and shall be incorporated in written amendments to the Agreement.
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IN WITNESS WHEREOF, the parties have hereunto, and to a duplicate hereof
of like tenor and effect, day duly officers
and agents, set thei r hands the ay and year first above written.
WITNESS AND SEAL GEORGIA DEPARTMENT OF NATURAL RESOURCES
ENVIRONMENTAL PROTECTION DIVISION
NOTARY PUBLIC
WITNEISS AND SEAL
RY UBLIC
ROWENA B. FRIPP
Notary Public. Chatham County, Ga.
My Commission Expires July 28, 1985
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BY:
BY:
J. Leonard Ledbetter, Director
QTY OF TYBEE ISLAND
GRANTEE
TYPE NAME: Charles J. Bosti
TITLE: Mayor
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