MINUTES

REGULAR MEETING

BOARD OF COMMISSIONERS

GLYNN COUNTY, GEORGIA

HELD IN THE HISTORIC COURTHOUSE

THURSDAY, DECEMBER 4, 1997 AT 6:00 PM





PRESENT: Fred E. Tullos, Chairperson

Geraldine "Gerry" Robertson, Vice Chairperson

A. Jerome Clark, Commissioner

Thomas B. "Tommy" Clark, Commissioner

David L. Dowdy, Commissioner

Jack Hardman, Commissioner

Robert E. Strickland, Commissioner



Bill Donohue, Exec. Director, Jekyll Island Auth.

Harold Jennings, City Commissioner

Jonathan Williamson, City Commissioner

Roosevelt Lawrence, City Commissioner

Mark Mitchell, City Manager

Eugene Highsmith, City Attorney



ALSO PRESENT: Lee Gilmour, County Administrator

Gary Moore, County Attorney

Cynthia McKinley, County Clerk



*5:00 p.m. - 6:00 p.m. - Joint Meeting With City - House Bill 489



It was agreed that the next joint meeting would be held on February 26, 1998 at 4:00 pm, at a location of the City's choice, by which time the two Commissions could have submitted names to Mr. Mitchell and Mr. Gilmour, from which a Citizens Committee could be chosen.



INVOCATION AND PLEDGE



1. APPROVAL OF MINUTES



Approve Minutes of Regular Meeting held Thursday, November 20, 1997.



Motion to approve, subject to corrections, by Commissioner Tommy Clark, seconded by Commissioner Dowdy. Unanimously approved.





POINTS OF PRIVILEGE



I. County Attorney Gary Moore recommended that Item No. 2.B.(2)(b) be deferred until the December 18, 1997 meeting, due to the fact that Rafters has been cited for a permit violation and said matter will be heard by the Magistrate on December 11, 1997. Proper advertising for either revocation or renewal of Alcoholic Beverage License will be done.



Motion to approve by Commissioner Hardman, seconded by Commissioner Dowdy. Unanimously approved.



II. Mr. Robert Grey, from Southland Waste Systems of Georgia, presented the Commission with a check in the amount of $4,216.53 representing $3 per ton of waste removed to another site since the closing of the Cate Road Landfill. Monthly checks will be presented thereafter.



2. PUBLIC HEARINGS

A. Zoning



(1) GC-31-97



Request to Rezone from General Industrial to Forest Agricultural, 0.163 acres (known as Lots 37, 38 and a portion of Lot 39, Sterling Industrial park) fronting 264.22 feet on the north side of Green Swamp Road, directly across said road from Sterling Park Subdivision, and beginning 1,454 feet east of the centerline intersection of US Highway 341 and Green Swamp Road/Hopeton Road. Property owned by Robert J. Wiedemeyer. (R. Milburn)



Motion to approve by Commissioner Hardman, seconded by Commissioner Jerome Clark. Unanimously approved.

(2) GC-32-97



Request to Rezone from R-12 One-Family Residential to M-20 One-Family Residential Manufactured Home, 30,852 square foot lot located of Carters Drive, having access via a twenty-five foot (25') private access easement, beginning 578.39 feet west of Altama Avenue. Property owned by Ernest and Sylvia Carter. (R. Milburn)



Motion to approve by Commissioner Strickland, seconded by Commissioner Tommy Clark. Unanimously approved.



(3) GC-33-97

Request to Rezone from R-9 One-Family Residential to Planned Development - Residential (Duplexes), 25.7339 acres fronting 731.49 feet on the east side of Cypress Mill Road, lying immediately north of Suburban Estates Subdivision, south of Cypress Run Subdivision Phase I and II, and west of F-009/Spur 25; subject property known as Phase III and future Phase IV of Cypress Run Subdivision. Property owned by Ronald and Deborah Sawyer. (R. Milburn)



Motion to approve by Commissioner Hardman, seconded by Commissioner Dowdy. Unanimously approved.

(4) GC-2-97 B



Consider Amending the Glynn County Zoning Ordinance, Article VII, Sections 701 and 702, regarding allowing a mobile home to be located within a residential zoning district under a Medical Hardship, as a Special Use. (R. Milburn)



Motion to approve by Commissioner Hardman, seconded by Commissioner Jerome Clark. Motion passed 6-1, Commissioner Strickland opposed.

B. Alcoholic Beverage License



(1) New License



Consider issuance of 1998 Alcoholic Beverage License to Hampton River Club Marina, Hampton River Club Drive, St. Simons, GA. LICENSE FOR PACKAGE SALE OF MALT BEVERAGES ONLY. SUNDAY SALES PROHIBITED. (Occupation Tax)



Motion to approve by Commissioner Jerome Clark, seconded by Commissioner Hardman. Motion passed 6-0-1, Commissioner Tommy Clark abstained.



(2) Revocation of License



(a) Consider revocation of 1998 Alcoholic Beverage License to Zeke's Altama Liquor, 6090 Altama Avenue, Brunswick, GA. LICENSE FOR PACKAGE SALE OF DISTILLED SPIRITS, MALT BEVERAGES AND WINE. SUNDAY SALES PROHIBITED. (Occupation Tax)



Motion to deny revocation by Commissioner Dowdy, seconded by Commissioner Jerome Clark. Motion passed 5-1-1. Commissioner Tommy Clark opposed, Commissioner Robertson abstained.



(b) Consider revocation of 1998 Alcoholic Beverage License to Rafters, 315 Mallory Street, St. Simons Island, GA. LICENSE FOR SALE ON PREMISES OF DISTILLED SPIRITS, MALT BEVERAGES AND WINE. SUNDAY SALES PROHIBITED. (Occupation Tax)



This item handled earlier in the meeting.



3. CONSENT AGENDA



A. Finance Committee



(1) Recommend denial of a request by Ms. Charlotte B. Crumbliss that the County provide a sewer line tie-in to her property. (Vote: 2-0-1) (Commissioner Dowdy abstained)



(2) Recommend changing the Purchasing Ordinance to increase the emergency purchasing amount from $2,500.00 to $5,000.00. (Vote: 3-0-0)



(3) Consider awarding the bid for the purchase of budgeted items to the following vendors whose bid was the low bid, within the budget amount and complied with all the bid specifications:



(a) Recommend awarding the bid for Water & Sewer Improvements on Peachtree Street to the low bidder, Douglas Electric, Douglas, GA, in the amount of $271,299.45. (Vote: 3-0-0)



(b) Recommend awarding the bid for base and paving Jetport Road, Phase I & II, to the lowest bidder, Seaboard Construction, Brunswick, GA, in the amount of $304,818.00. (Vote: 3-0-0)



(4) Recommend awarding the A & E Services for constructing the 800 MHZ/Law Enforcement Complex to Hayes, Seay, Mattern & Mattern, Inc., Roanoke, VA, in an amount not to exceed $672,100.00. (Vote: 3-0-0)



(5) Recommend exercising the 1st option year extension for Police Uniforms with Harrison Uniforms, Jacksonville, FL, in an amount not to exceed $38,407.74. (Vote: 3-0-0)



(6) Recommend surplus equipment used at the Cate Road Landfill be disposed of per staff's recommendation and a minimum bid be placed on the equipment at the buy-back provision. (Vote: 3-0-0)



(7) Recommend denial of a request of Mr. Jody Jackson, District Manager, Southland Environmental Services, Inc., that $1,800.42 in late fees and interest on Cate Road Landfill charges be waived. (Vote: 3-0-0)



B. Personnel Committee



(1) Approve request from Tax Commissioner Florence Dees to reclassify positions in the Tax Commissioner's Office resulting in net savings. (Vote: 3-0-0)



Motion to approve by Commissioner Tommy Clark, seconded by Commissioner Dowdy. Unanimously approved. Commissioner Hardman out of the room.



(2) Approve request from Acting County Engineer Jim Bruner to correct a position title and salary as reflected in the FY 97/97 budget, which will result in a net budget increase of $22. (Vote: 3-0-0)



(3) Approve request from Police Chief Carl Alexander to discontinue testing done by the Personnel Department for new, non-certified Police Officers and allow the entrance exam given by the Police Academy in Savannah to serve in it place. (Vote: 3-0-0)



(4) Approve request from Fire Chief Carl Johnson to downgrade a position from Certified firefighter/Paramedic to Non-Certified Firefighter/EMT (entry level), which will result in a net budget decrease of approximately $2,000. (Vote: 3-0-0)



(5) Approve the first year extension of the contract for prescription drugs. (Vote: 3-0-0)



(6) Approve COBRA rates to calendar year 1998. (Vote: 3-0-0)



Motion to approve by Commissioner Tommy Clark, seconded by Commissioner Jerome Clark. Unanimously approved. Commissioner Hardman out of the room.



(7) Establish the position of Carpenter II in the position classification system at a pay range of $23,417-35,125. (Vote: 3-0-0)



C. General



(1) Request authorization to apply for Coastal Incentive Grants for:



(a) Massengale Park. (G. Robertson)



(b) Water Resource Study, Phase II. (L. Gilmour)



(2) Request authorization to apply for Transportation Enhancement funds - for Gateway Pedestrian Walkways. (K. Flanagan)



Motion by Commissioner Hardman, seconded by Commissioner Dowdy, to approve Consent Agenda with the exception of Items 3.B.(1) & 3.B.(6), which were pulled for discussion and voted on individually. Unanimously approved.

4. ITEMS REFERRED FROM FINANCE COMMITTEE



A. Recommend denial of a request by Ms. Debra H. Johnson that she be reimbursed the property taxes paid from 1988 until present because her Homestead Exemption had not been reflected in her tax bill. (Vote: 3-0-0)



Motion by Commissioner Robertson, seconded by Commissioner Dowdy, to deny request. Unanimously approved. Commissioner Hardman out of the room.



B. Consider authorizing staff to go directly to the Board of Commissioners on December 4, 1997, to award the following bids which open November 18, 1997:



(1) Request authorizing staff to go directly to the Board of Commissioners on December 4, 1997, to award Front-End Alignment Service for the Fleet Department. (Vote: 3-0-0)



Motion by Commissioner Tommy Clark, seconded by Commissioner Strickland, to reject all bids and rebid item. Unanimously approved.



(2) Request authorizing staff to go directly to the Board of Commissioners on December 4, 1997, to award, if awarded, Recyclable Collection for the County. (Vote: 3-0-0)



Motion by Commissioner Robertson, seconded by Commissioner Tommy Clark, to award bid to Chapman Waste Disposal in the amount of $1.49 per cubic yard of material. Unanimously approved. Commissioner Strickland out of the room.



C. Deferred to the full Board amending the Water and Sewer Ordinance relative to sewer taps. (Vote: 3-0-0)



Motion to approve by Commissioner Robertson, seconded by Commissioner Jerome Clark. Unanimously approved. Commissioner Strickland out of the room.



D. Recommend staff be authorized to apply for a Grant to construct a $456,000.00 pedestrian path along Jetport Road with funding from SPLOST #3 for the County's portion of the required local match in the amount of $16,200.00 (3.5%). (Vote: 3-0-0)

Motion to approve by Commissioner Robertson, seconded by Commissioner Tommy Clark. Unanimously approved.



5. ITEMS REFERRED FROM PERSONNEL COMMITTEE

A. Request from Judge Ernest Gilbert for matching funds for a $30,000 State Grant to fund an Intake Coordinator/Secretary for Magistrate Court. Personnel Committee recommended a part-time position (less than 30 hours per week) to begin January 1, 1998, which will result in a budgetary increase of $3,250 for FY 97/98 and $3,250 for FY 98/99. (Vote: 3-0-0)



Motion to approve by Commissioner Hardman, seconded by Commissioner Jerome Clark. Motion passed 6-0-1, Chairperson Tullos abstained.



B. Request from Clerk of the Superior Court Larry Ellison to reclassify a clerk typist's position to deputy clerk, which will result in a budgetary increase of approximately $1,000. (Vote: 3-0-0)



Motion to approve by Commissioner Tommy Clark, seconded by Commissioner Strickland. Unanimously approved.



C. Approve Option #2, contract for health care insurance for calendar year 1998. (Vote: 3-0-0)

Motion to approve by Commissioner Tommy Clark, seconded by Commissioner Hardman. Unanimously approved.



GENERAL BUSINESS

6. Ms. Jo Hickson to make presentation regarding Coastal Trails Project. (R. Milburn)



Motion to approve by Commissioner Jerome Clark, seconded by Commissioner Tommy Clark. Unanimously approved.



7. Establish policy for recreation facility fee waivers. (L. Gilmour)



Motion to approve by Commissioner Strickland, seconded by Commissioner Hardman. Unanimously approved.



8. Request authorization to hire Ray Richard for drainage consultant work. (L. Gilmour)



Motion by Commissioner Strickland, seconded by Commissioner Dowdy, to go to bid on this item. Motion failed 2-5, Commissioner Dowdy and Commissioner Strickland voted in favor of the motion. All others opposed.



Motion by Commissioner Robertson, seconded by Commissioner Jerome Clark, to hire Ray Richard for consultant work. Motion passed 5-2, Commissioner Dowdy and Commissioner Strickland opposed.



9. Establish a policy relative to mowing in East Beach Seashore Park. (L. Gilmour)



This item pulled for further information.



10. Request authorization of agreement with Branigar Corporation and Driggers Construction relative to water/sewer infrastructure. (G. Moore)



Motion by Commissioner Strickland, seconded by Commissioner Dowdy, to approved Branigar 5, as outlined by Gary Moore. Unanimously approved.



Motion by Commissioner Jerome Clark, seconded by Commissioner Hardman, to approve Driggers agreement as presented. Unanimously approved.



STATE OF GEORGIA

COUNTY OF GLYNN



DOMESTIC WATER AND WASTEWATER

SERVICE AGREEMENT





AN AGREEMENT made this the 5th day of December, 1997, by and between DRIGGERS DEVELOPMENT, INC. or its assigns, hereinafter referred to as "Developer", and GLYNN COUNTY, GEORGIA, a political subdivision of the State of Georgia, hereinafter referred to as "County".

WHEREAS, it is the Developer's intention to enter into an agreement with the County to obtain wastewater services for the various segments of Developer's Properties located on either side of Jetport Road and adjacent to the Brunswick-Altamaha Canal in North Glynn County, Georgia and surrounding properties, said property being further described in Exhibit "A" as R1, R2 and R3, with said Exhibit "A" being attached hereto and incorporated herein by this agreement by building and deeding to Glynn County a pump station and wastewater force main as shown on Exhibit A (hereafter sometimes called "system"), and

WHEREAS, the purpose of this agreement is to outline the respective undertakings and agreements under which Glynn County will provide such wastewater services,

NOW, THEREFORE, the parties hereto covenant and agree as follows, to-wit:

(a) Exhibit "A" identifies future wastewater pumping station and wastewater force main construction and upgrades that are anticipated to be needed to provide wastewater services to Developer's Properties located on either side of Jetport Road and adjacent to the Brunswick-Altamaha Canal in North Glynn County, Georgia and surrounding properties, said property being further described in Exhibit "A" as R1, R2 and R3, and adjacent properties. There are two different configurations of the envisioned sewer line and pump station. Developer will build one or the other of these configurations, but not both. The decision as to which of the two configurations will be built will be arrived at jointly by County and Developer.

(b) The wastewater pumping station and wastewater force main will be constructed by Developer at the developer's expense. Glynn County agrees to allow Developer to recover up to seventy percent (70%) of its costs via distribution of seventy percent (70%) of wastewater capital tapping fees as they are paid to Glynn County by residential, commercial and industrial users who connect to this system, same to be paid to Developer by County in quarterly increments as collected, with no interest thereon.

(c) Maintenance and periodic upsizing of pumps are considered

operational maintenance and will be the responsibility of Glynn County as appropriate.

(d) All collection lines that may subsequently be installed to connect a particular lot or lots to the wastewater force main identified in Exhibit "A" will be the sole financial responsibility of Developer or its assignee.

(e) The wastewater force main and pump station described in Exhibit "A", as approved by Glynn County, will, upon completion and approval by County, be deeded to the County by Developer along with the appropriate access easements.

(f) Time is of the essence in this Agreement.

(g) No modification, waiver, amendment, discharge or change of this

Agreement, except as otherwise provided herein, shall be valid unless the same is in writing and signed by the party against which or whom the enforcement of such modification, waiver, amendment, discharge or change is sought.

(h) This Agreement shall be construed and enforced in accordance with

the laws of the State of Georgia.

(i) The parties hereto acknowledge that this Agreement shall finally

terminate twenty (20) years after the date of the execution of this Agreement, after which the County shall have no further liability or obligation thereunder. Accordingly, this Agreement shall expire on the 4th day of December, 2017.

(j) The only costs eligible for reimbursement to Developer or its assignee by the County are those costs that have been approved by Glynn County. As used in this agreement the terms "approved costs" and "Developer costs" are those costs actually paid by Developer for construction of any particular improvement that is deeded to Glynn County which costs are approved in writing by Glynn County. In making or denying such approval, Glynn County shall approve reasonable, direct costs of the improvement, not including land costs, overhead or any other cost not directly attributable to the improvement. Such costs must be documented costs as per as-built, engineer sealed drawings pursuant to plans and specifications as to such improvement contained in this agreement for construction of an improvement to be deeded to Glynn County.

(k) Developer hereby waives benefit of the provisions of Georgia's Developmental Impact Fee Law (O. C. G. A. 36-71-1 et seq. ) as to any matters dealt with in this agreement.

IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper officers thereunto duly authorized and their corporate seals

affixed, on this the day and year first above written.



As to DRIGGERS DEVELOPMENT,

INC. DEVELOPER

Signed, sealed and delivered

in the presence of: DRIGGERS DEVELOPMENT, INC.





_____________________________ By: _____________________________

Witness

Its ___________________________





_____________________________ Attest: _____________________________

Notary Public Its ___________________________

My Commission Expires:

(Seal of Notary)





As to Glynn County, Georgia: GLYNN COUNTY, GEORGIA:

Signed, sealed and delivered

in the presence of:



____________________________ By: _____________________________

Witness

Its ___________________________



____________________________ Attest: _____________________________

Notary Public Its ___________________________

My Commission Expires:

(Seal of Notary)





STATE OF GEORGIA

COUNTY OF GLYNN



DOMESTIC WATER AND WASTEWATER

SERVICE AGREEMENT





AN AGREEMENT made this the _____ day of, 1997, ________________ by and between THE BRANIGAR ORGANIZATION, INC., UNION CAMP CORPORATION, and U.C. REALTY CORP., collectively hereinafter referred to as "Developer", and GLYNN COUNTY, GEORGIA, a political subdivision of the State of Georgia, hereinafter referred to as "County".

WHEREAS, it is the Developer's intention to enter into an agreement with the County to obtain and maintain domestic water and wastewater services for the various segments of Developer's Golden Isles Gateway Tract in North Glynn County, Georgia, and surrounding properties, said property being further described in Exhibit "A", with said Exhibit "A" being attached hereto and incorporated herein by this agreement (the property does not include Parcels CR-1 through CR-5 of Gateway Center), and

WHEREAS, the purpose of this agreement is to outline the respective undertakings and agreements under which Glynn County will provide such domestic water and wastewater services,

NOW, THEREFORE, the parties hereto covenant and agree as follows, to-wit:

4. Master Plans:

Developer has commissioned the drafting of Domestic Water and Wastewater Master Plans to serve the Golden Isles Gateway Tract and surrounding properties in Glynn County. These plans have been developed in cooperation with Glynn County Water and Sewer Department personnel and with the City of Brunswick Water and Sewer Department personnel. The attached Domestic Water Master Plan, marked as Exhibit "B", said Exhibit "B" being incorporated herein by this reference, and the attached Wastewater Master Plan, marked as Exhibit "C", said Exhibit "C" being incorporated herein by this reference, are accepted as the master development plans for the Golden Isles Gateway Tract and the surrounding properties. Preliminary drafts of the aforesaid Master Plans, Exhibits "B" and "C" hereto, were considered by the County's Board of Commissioners, at their October 2, 1997 public meeting, and approved in concept.

The parties hereto estimate that the water requirements at the time the Golden Isles Gateway Tract and surrounding properties are fully developed will be approximately, as to domestic water, 2,610,500 gallons per day, and, as to wastewater, 1,987,100 gallons per day. The parties hereto acknowledge that the Domestic Water Master Plan, attached as Exhibit "B" hereto, and the Wastewater Master Plan, attached hereto as Exhibit "C", are designed and based upon the aforesaid general estimates of water usage in the subject area.

In an effort to gain additional knowledge of available local water resources, County and Developer are currently jointly participating in the preparation by GeoSyntec Consultants of a miocene analysis/management plan, with the cost of same to be split equally between County and Developer.

5. Water Distribution System:

(a) For the purposes of this agreement, all water mains of 12" diameter

and larger will be considered as trunk lines. Exhibit "B" identifies the location of existing and proposed trunk lines, wells and tanks. All water mains, hydrants, valves, etc. smaller than 12" will be installed by the Developer or its assigns at no cost to the County. Also, the County may in the future elect to construct additional water distribution system lines and other components thereof at its expense whether or not same are presently shown on Exhibit "B".

(b) Glynn County agrees to allow Developer to recover up to seventy percent (70%) of its approved costs to construct certain trunk lines or portions of trunk lines shown on Exhibit "B" via seventy percent (70%) of future capital tapping fees as they are paid to the County from residential, commercial and industrial users who connect to the Glynn County water system via the above mentioned trunk lines, same to be paid to Developer by County in quarterly increments as collected, with no interest thereon. For the purpose of this paragraph, Developer's costs shall be documented construction costs as per as-built, engineer sealed plans and specifications. Any additions to the project requested by the County shall be paid by the County at the time of completion.

Developer may, in its sole discretion, assign a portion of such capital tapping fee recovery to another developer or developers.

(c) New construction, as approved by Glynn County, will be transferred

by deed to the County by Developer or its assigned developers in a form approved by the County along with the appropriate access easements. Such transfers shall be accomplished at no cost to the County. All such transfers shall provide for reversion to Developer, if the property, at a time in the future, is no longer utilized by the County for water distribution purposes for a period of one year. Developer's option to have the property revert to it must be exercised within six months after property has been abandoned for water distribution purposes for one year or the reversion shall be lost and the property will belong to County free of any reversion rights or other claim by Developer or its assignee.

(d) Any future agreements between Glynn County and other developers

will not alter the impact fee distribution and cost recovery agreement between Developer and Glynn County as outlined above.

6. Water Supply:

(a) Domestic water to be provided by Glynn County is to be in

accordance with State and Federal Safe Drinking Water regulations and of sufficient volume and dependability to satisfy Glynn County's municipal water regulations. The specific sources of water - - Floridian Aquifer, Miocene Aquifer, treated Altamaha River water or any other source - - will be at the discretion of Glynn County.

(b) Developer has constructed at its expense a Miocene test well at a

location east of I-95 along Shell Road. Well location, permits and tests were coordinated with Glynn County and with the State EPD. Water quality and quantity test results were favorable and were well received by the EPD, Glynn County and Developer. The test well may be maintained at the County's expense as a monitoring well for the Miocene Aquifer. The County shall also have the right, at its sole option and expense, to convert the test well to a producing well. If the County should ever decide to no longer use the well for monitoring or production purposes, then Developer shall have the right to use or cap the well, as it deems appropriate.

(c) Glynn County agrees to expedite the submission of a Miocene well

construction and withdrawal application and, upon approval of such application, to proceed without delay with Developer in the construction of a Miocene well(s) and water plant at the test location or other mutually agreeable location. The permit application and plant will allow for a maximum withdrawal level of 1 million gallons from this Miocene plant location. Developer will pay for Thomas & Hutton Engineering Co. to design and engineer this system with input from Glynn County and the State. Developer will bear the expense of the application and will construct the initial production well and pump at its expense. County will construct the water plant and associated site improvements at its expense, with County being authorized to stage the construction of the water plant consistent with then existing water requirement needs. Sites for the wells and plant, if located on Developer's Golden Isles Gateway Tract, will be provided by Developer at mutually agreeable locations at no cost to the county. Such sites will be deeded to the County by Developer, with ownership reverting to Developer if, at a time in the future, Glynn County should discontinue its use of the property for water production and treatment for a period of one year. Developer's option to have the property revert to it must be exercised within six months after property has been abandoned for water distribution purposes for one year or the reversion shall be lost and the property will belong to County free of any reversion rights or other claim by Developer or its assignee. Future wells and any additional plants or plant upgrades will be constructed by Glynn County at its expense. Developer shall recover up to 100% of its costs in constructing the east of I-95 test well, the initial well and pump, the initial west of I-95 well and associated design and engineering costs for said wells and pump and I-95 East water plant, via seventy percent (70%) of future capital tapping fees as they are paid to the county from residential, commercial and industrial users who connect to the Glynn County water system via the above mentioned trunk lines, same to be paid to Developer by County in quarterly increments as collected, with no interest thereon. For the purpose of this paragraph, Developer's costs shall be documented construction costs as per as-built, engineer sealed plans and specifications. Any additions to the project requested by the County which are not shown on Exhibit "B" attached hereto shall be paid by the County at the time of completion.

(d) Glynn County agrees to construct future Miocene wells and treatment plants at other locations on the Golden Isles Gateway Tract or elsewhere east and west of I-95 as it deems necessary to meet commitments to provide domestic water for future Developer project development and for other users. Except as stated in the following paragraph (e), construction of these wells and plants will be at county expense. Sites for the necessary wells and plants, if located on Developer's Golden Isles Gateway Tract, will be provided by Developer at mutually agreeable locations at no cost to the county.

(e) Upon satisfactory completion of the initial well and treatment plant

located east of I-95 as referred to in paragraph (c) above and upon application by Glynn County, at Developer's expense, for a withdrawal permit for lands west of I-95, Developer will construct the initial production well (minus permanent pump and treatment plant) for a west-side Miocene system at no cost to Glynn County except for reimbursement under 3(c) above. Developer's commitment assumes that the west-side withdrawal permit will be for at least 1,135,000 gallons per day an amount sufficient to satisfy Developer's project needs and that the permit application will be pursued in an expeditious manner following completion of the aforementioned east side well. The building of a treatment plant and installation of a permanent pump to meet County's obligations hereunder on the West side of I-95 shall be at the County's discretion.

(f) Water supplied to the subject Golden Isles Gateway Tract and

surrounding properties shall be billed by Glynn County, Georgia, to Developer and other ultimate recipients thereof at a rate computed utilizing the same methodology and rate

computation factors utilized elsewhere in Glynn county for like parties in like situations.

7. Wastewater:

(a) Exhibit "C" identifies future regional wastewater pumping stations,

lines and upgrades that are anticipated to be needed to provide wastewater services to Developer's Golden Isles Gateway Tract and adjacent developments.

(b) Those components identified in Exhibit "C" as "Regional - - Future

Branigar/Developer Construction" will be constructed by Developer or its assigned developer at the developer's expense. Glynn County agrees to allow Developer to recover up to (seventy percent) 70% of its approved costs via a distribution of seventy percent (70%) of capital tapping fees as they are paid to Glynn County by residential, commercial and industrial users who connect to the Glynn County wastewater system via the above-referenced components, same to be paid to Developer by County in quarterly increments as collected, with no interest thereon. For purposes of this paragraph, Developer's costs shall be documented construction costs as per as-built, engineer sealed plans and specifications. Any additions to the project requested by the County which are not shown on Exhibit "C" attached hereto shall be paid by the County at the time of construction.

Developer may, in its sole discretion, assign a portion of such capital tapping fee recovery to another developer or developers.

(c) Maintenance and periodic upsizing of existing and future pumps and

pump stations are considered operational maintenance and will be the responsibility of Glynn County.

(d) New construction, as approved by Glynn County, will be deeded to

the County by Developer or its assigned developers in a form approved by the County along with the appropriate access easements. Such transfer shall be accomplished at no cost to the County. All such transfers shall provide for reversion to Developer, if the property, at a time in the future, is no longer utilized by County for wastewater services for a period of one year. Developer's option to have the property revert to it must be exercised within six months after property has been abandoned for water distribution purposes for one year or the reversion shall be lost and the property will belong to County free of any reversion rights or other claim by Developer or its assignee.

(e) Any future agreements between Glynn County and other developers

will not alter the impact fee distribution and cost recovery agreement between Developer and Glynn County as outlined above.

8. General Provisions:

(a) Time is of the essence in this Agreement.

(b) The parties hereto acknowledge that circumstances may dictate the

need for amending or modifying the language of this agreement or the location or description of wastewater and drinking water trunk lines, pump stations and other components shown on Exhibits "B" and "C", and the parties confirm no such amendment, modification or relocation shall be valid unless the same is in writing and signed by all parties hereto.

(c) This Agreement shall be construed and enforced in accordance with

the laws of the State of Georgia.

(d) The parties hereto acknowledge that this Agreement shall finally

terminate twenty (20) years after the date of the execution of this Agreement, after which the County shall have no further liability or obligation thereunder. Accordingly, this

Agreement shall expire on the ____ day_________________________, 20___.

(e) The County confirms that capital tapping fees shall be uniform

throughout the Golden Isles Gateway tract.

(f) For purposes of computing reimbursements to Developer under

this agreement, capital tapping fees for wastewater and drinking water shall be aggregated as received by the County and reimbursed to Developer as a credit against the aggregate reimbursement due Developer for construction of wastewater and drinking water systems.

(g) This agreement is solely for the benefit of the parties hereto, and

creates no rights, benefits or causes of action for any individual or entity not a party hereto.

(h) The only costs eligible for reimbursement to Developer or its

assignee by county are those costs that have been approved by Glynn County. As used in this agreement the terms "approved costs" and "Developer costs" are those costs actually paid by Developer for construction of any particular improvement that is deeded to Glynn County which costs are approved in writing by Glynn County. In making or denying such approval, Glynn County shall approve reasonable, direct costs of the improvement, not including land costs, overhead or any other cost not directly attributable to the improvement. Such costs must be documented costs as per as-built, engineer sealed drawings pursuant to plans and specifications as to such improvement contained in this agreement for construction of an improvement to be deeded to Glynn County.

(i) Developer hereby waives benefit of the provisions of Georgia's

Developmental Impact Fee Law (O. C. G. A. 36-71-1 et seq. ) as to any matters dealt with in this agreement.

(j) Notwithstanding any other provision of this agreement to the contrary,

County's obligation under this agreement is limited to providing a well or wells in the Miocene Aquifer and treatment facilities providing up to 1,000,000 gallons of water per day on the east side of I-95 and paying for one half of the GeoSyntec Consultants Study (set forth in Section 1 hereof) up to a maximum of $521,000. This sum shall not include any reimbursements from capital tapping fees to Developer for any improvements constructed by the Developer. Any further expenditures or efforts by Glynn County shall depend upon the discretion of the Glynn County Board of Commissioners

IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their proper officers thereunto duly authorized and their corporate seals affixed, on this the day and year first above written.





As to The Branigar Organization, Inc.: DEVELOPER:

Signed, sealed and delivered

in the presence of: THE BRANIGAR ORGANIZATION, INC.



_____________________________ By: _____________________________

Witness Its___________________________



_____________________________ Attest: _____________________________

Notary Public Its ___________________________

My Commission Expires:

(Seal of Notary)









As to Union Camp Corporation UNION CAMP CORPORATION

Signed, sealed and delivered

in the presence of:





____________________________ By: _____________________________

Witness Its___________________________



____________________________ Attest:_____________________________

Notary Public Its___________________________

My Commission Expires:

(Seal of Notary)











As to U.C. Realty Corp.: U.C. REALTY CORP.

Signed, sealed and delivered

in the presence of:



____________________________ By: _____________________________

Witness Its___________________________



____________________________ Attest:_____________________________

Notary Public Its ___________________________

My Commission Expires:

(Seal of Notary)

















As to Glynn County, Georgia: COUNTY:

Signed, sealed and delivered

in the presence of: GLYNN COUNTY, GEORGIA





____________________________ By: _____________________________

Witness Its___________________________



____________________________ Attest:_____________________________

Notary Public Its ___________________________

My Commission Expires:

(Seal of Notary)













11. Request adoption of Resolution to establish an Management Safety Committee. (L. Gilmour)



Motion to approve by Commissioner Dowdy, seconded by Commissioner Tommy Clark. Unanimously approved.



12. Request authorization to contract with LIFE for provision of handicap transportation and ramp construction. (L. Gilmour)



Motion to approve by Commissioner Jerome Clark, seconded by Commissioner Strickland. Unanimously approved. Commissioner Hardman out of the room.



13. Award of bid for yard debris disposal from County contractual hauler. (L. Gilmour)



Motion by Commissioner Hardman, seconded by Commissioner Dowdy, to award Chapman Waste conditioned upon the fact that they hire one additional employee who is a Glynn County resident. Motion passed 4-0-3, Commissioner Jerome Clark, Commissioner Robertson, and Commissioner Strickland abstained.



14. Discussion of removal of pine trees in a traffic circle neighborhood park on Fairway Oaks Drive, resulting in improved drainage and cost savings from cleaning debris from drainage ditches. (J. Hardman)



This item pulled by Commissioner Hardman.



15. Discussion of renewal of Medical Hardship Special Use for Mr. Ed Martin, 923 Old Jesup Road. (R. Milburn) (Provided Agenda Item 2.A.(4) is passed)



This item pulled by Commissioner Dowdy.



COMMISSIONER URGENT AND EMERGENCY ITEMS



Commissioner Strickland



1. Motion by Commissioner Strickland, seconded by Commissioner Dowdy, to take proceeds from the Surplus Property auctions and increase the COLA an additional 1%, raising it from 1% to 2%. Motion failed 2-5, Commissioner Strickland and Commissioner Dowdy voted in favor of the motion all other opposed.

Commissioner Hardman



1. Motion by Commissioner Hardman, seconded by Commissioner Tommy Clark, to declare Friday, December 26, 1997, an additional holiday for County employees and to pay overtime to those who do have to work (fire, police, etc.). Unanimously approved.



Commissioner Jerome Clark



1. Requested the County Engineer to look at the entrance of Cate's Bounty with regard to lighting possibilities. Commissioner Strickland asked that Brighten Circle be included.



Commissioner Tommy Clark



1. Read letter of resignation from the Planning Commission, received from Mr. Wayne Stewart.



Motion by Commissioner Tommy Clark, seconded by Commissioner Hardman, to appoint Mr. Jeff Shell to fill Mr. Stewart's unexpired term. Unanimously approved.



Chairperson Tullos



1. Read letter from Chamber of Commerce inviting all Commissioners to VIP Luncheon being served by the College prior to the Golden Isles Bowl Game on Saturday, December 6, 1997.



2. Requested list of individuals requesting adjustments in their Personal Property Taxes for the December 18, 1997.



CHIEF OF POLICE ITEMS



1. Has had some complaints from wrecker operators regarding Wrecker Ordinance. Would like language requiring them to accept personal checks for service taken out of ordinance.



Motion to approve by Commissioner Tommy Clark, seconded by Commissioner Dowdy. Unanimously approved.



2. Informed Commissioners that recent complaint letter they had received had been investigated and was not valid.



COUNTY ATTORNEY ITEMS



1. Items of pending and potential litigation for Executive Session.

ADMINISTRATOR ITEMS



1. Recommends having only one meeting in January to be held on the 15th, the third Thursday.



Motion to approve by Commissioner Robertson, seconded by Commissioner Jerome Clark. Motion passed 5-1, Commissioner Dowdy opposed. Commissioner Tommy Clark out of the room.



2. Charles Lewis advised that Harvey's cannot honor their bid for employee gift certificates. Requests rescinding award of bid to Harvey's and awarding to Winn-Dixie instead.



Motion to approve by Commissioner Dowdy, seconded by Commissioner Strickland. Unanimously approved. Commissioner Tommy Clark out of the room..



EXECUTIVE SESSION



Motion to approve by Commissioner Dowdy, seconded by Commissioner Jerome Clark, to adjourn to Executive Session to discuss items of pending and potential litigation. Unanimously approved. Commissioner Tommy Clark out of the room..



BACK IN OPEN SESSION



Motion by Commissioner Dowdy, seconded by Commissioner Jerome Clark, to approve Executive Session Minutes of November 6, 1997. Unanimously approved. Commissioner Robertson and Commissioner Tommy Clark out of the room.













Board of Commissioners

Glynn County, Georgia



______________________________

Fred Tullos, Chairman

Attest:







_____________________________

Cynthia J. McKinley, Clerk