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19820915SCMeeting1 1 48 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 49 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 - 49 -A -1 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 1 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 1 1 STATE OF GEORGIA FULTON COUNTY 49 -A -2 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 19 Z adopted 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; 1 1 1 49 -A -3 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; -2- 1 1 49 -A -4 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. -3- 1 1 49 -A -5 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. -4- 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 1 BY: BY: J. Leonard Ledbetter, Director QTY OF TYBEE ISLAND GRANTEE TYPE NAME: Charles J. Bosti TITLE: Mayor -5-