REGULAR MONTHLY
MEETING
The
Board of Commissioners of Spalding County, Georgia, held their regular monthly
meeting on Tuesday, January 3, 2000 in their office in the Courthouse Annex in the
City of Griffin, Spalding County, Georgia, beginning at 6:00 o’clock p.m. with
Commissioners Earle Childres, Martha McDaniel, Merrill Massengale, Johnie
McDaniel and Michael Kendall present.
Also present were County Manager Mike Ruffin, Deputy County Manager
William Wilson, County Attorney Jim Fortune and Executive Secretary Phyllis
Doane. Also present was Zoning Attorney Newton Galloway.
I.
OPENING
(CALL TO ORDER) – Chairman Childres
FOR
YEAR 2000
Motion made by Commissioner Childres to nominate Commissioner Kendall for Chairman. Commissioner Martha McDaniel seconded the motion. There were no other nominations made. The motion carried by a unanimous vote of 5-0.
At this time Chairman
Childres turned to gavel over to Commissioner Kendall. Chairman Kendall presented a plaque to
Commissioner Childres for his year of service as Chairman in 1999.
Chairman Kendall thanked
the commissioners for electing him Chairman for the year 2000 and commented
that he intends to try to serve in this capacity and create some positive
impressions about our elected officials.
Commissioner Kendall nominated Commissioner Massengale for Vice Chairman. Commissioner Massengale seconded his nomination. Commissioner Martha McDaniel nominated Commissioner Johnie McDaniel. Mr. McDaniel declined the nomination stating that he was still trying to learn being a county commissioner and would like to wait until next year. Commissioner Childres moved that nominations be closed on Commissioner Massengale. Chairman Kendall called for the vote on the nomination of Mr. Massengale. The vote was 4-1 with Commissioner Martha McDaniel voting against.
APPOINTMENTS:
County
Manager/County Clerk
Commissioner Kendall made a motion that Mr. Mike Ruffin be appointed as County Manager for the year 2000. Commissioner Johnie McDaniel seconded the motion and motion was unanimously approved by a vote of 5-0.
Commissioner Kendall made a motion that
Mr. Mike Ruffin be appointed as County Clerk for the year 2000. Commissioner Martha McDaniel seconded the
motion and motion was unanimously approved by a vote of 5-0.
County
Attorney
Commissioner Kendall made a motion that Mr. Jim Fortune be appointed as County Attorney for the year 2000. Commissioner Martha McDaniel and Commissioner Childres seconded the motion and motion was unanimously approved by a vote of 5-0.
1. Recognition of Spalding County Firefighter Eric Huggins. County Manager Ruffin recognized Mr. Huggins who works at the Woodroof Fire Station and has been with the County since 1998. Mr. Ruffin stated that he had received an e-mail several weeks ago from an out-of-state gentlemen praising Mr. Huggins for his honesty and integrity. The gentlemen stopped in Spalding County and got gas and left his wallet, made several calls back when realized it was missing but was not successful. Eric found a check with this gentlemen’s name and address on it he had received a phone call from Eric Huggins and Eric told him that he had found his wallet. Eric had called his credit card company and notified them of the lost and told the gentleman he would send his wallet back to him and he did. Mr. Huggins received a standing ovation.
VII.
PUBLIC
COMMENT
1. Mr. Marvin Brooks gave his address as 113 Maplewood Drive. He spoke on the R-5 zoning amendment. He asked the Board to reconsider the 1250 sq. ft. minimum site-built homes. He said that he works for Regions Bank and to do away with the 1,000 sq. ft. level of housing would be a mistake and will take the homebuyer out of the market because they just simply do not have the income.
2.
Mr. Tom
Ross, owner of Ideal Homes, gave his address as 101 Moreland Road. He spoke on UDO-A-99-12. He said that this was the third reading of
the amendment, not second and confused that it was even on the agenda tonight.
He said that he was confused that AR-1 failed but R-5 passed. He asked the Board to consider the impact
that this is going to have on people in Spalding County enacting this as a
Special Exception. He requested if this
amendment is passed that consideration be given to site-built homes for a
Special Exception process in AR-1.
3.
Mr. Donnie
Corum stated he represented Oakwood Homes, 8271 Tara Boulevard, Jonesboro,
GA. He said that his service sales has been
opened since October 1998 and has started placing homes in the Spalding County
area. He said that they try to go with
the corresponding codes that each county seems to have. He said that they also do 90% financing for
their customers. He said that customers should have a choice of being able to
go into manufactured housing if they cannot afford a site-built house or cannot
qualify. He asked the Board not to
delete manufactured housing. Chairman
Kendall explained to Mr. Corum how the compatibility standards would work and
the advantages of having them. Mr.
Kendall said that he understood Mr. Corum’s point of view and feels that his
input is needed when the Planning & Zoning Board begin drafting these standards
and suggested that he start attending their meetings.
4.
Mr. Dee
Forrester gave his address as 131 Dutchman Road. He said that he is living on 23 acres of land and thinking about
putting a new mobile home on his land.
However, across the street from him on ˝ acre land is being built a
stick-built home. He wanted to know why
is he being penalized for wanting to put in a mobile home when this home is
going to be on ˝ acre land. He said
that this house was put up in two (2) days and he did not consider this to be a
house. Chairman Kendall also suggested
to Mr. Forrester that he put his input in at the Planning & Zoning Board
meetings and express his feelings and help these people to understand.
5.
Mr. Ray
Browning gave his address as 585 Moore Road and stated he was a member of the
Planning & Zoning Board. He spoke
on Item No. 6 under New Business, which is the R-5 homes. He said the Planning Commission is in the
process of defining what we have in Spalding County through parcel specific
zoning and this is a very difficult task for them and consumes a lot of their
time. He asked the Board to consider
leaving R-5 zoning as it is so that the Planning Commission can identify what
the County has and move forward and consider having compatibility standards for
the whole zoning classification.
6.
Mr. John
Kelley gave his address as 2500 W. Ellis Road.
He said that he feels like the county is growing little too fast for the
infrastructure and is concerned about the density of population more than the
square footage issue or the manufactured home issue.
7.
Mr. Robert
McIntyre gave his address as 124 Magnolia Drive. He addressed the item of board appointments on the agenda item
no. 8. He asked the Board to make sure
as they make their appointments that they have the time and energy to serve on
these boards. He asked that there be a
job description for these boards. He
said that the Chairman of these boards must enforce the attendance rules. He asked that the Board defer the
appointments and consider the statements that he made tonight.
8.
Ms. Denise
Forrester gave her address as 131 Dutchman Road. She asked the question if she and her husband have 24 acres why
can the county tell them what they can build and have on their land, when it
should be their decision. She said if
they wanted to put a 2,000 sq. manufactured home on their property, why
shouldn’t they be able to. Chairman
Kendall answered that right now they can; however, if the amendment passes
tonight you can still put a manufactured house on your property by applying for
a Special Exception.
9.
Mr. Paul
Uphole gave his address as 525 Wildwood Circle. Mr. Uphole reminded the commissioners that they were here to
serve the people in Spalding County and to think of the people when you make
your decisions.
10.
Mr. Anthony
Mixon gave his address as 309 Beverly Street.
He said that he is in the manufactured home industry and has been for
ten (10) years and has seen a lots of changes in the houses and the way they
are built and presented and people living in the houses. He wanted to know what difference does it
make where the house is built if it is a quality house and is suitable
premises. Chairman Kendall stated that
it was a matter of perception and the mobile home industry was going to have to
start educating the people better in
this market, as most people’s perception is this is a “trailer” and one good
strong wind will tear the mobile home to pieces.
11.
Mr. Richard
Ingram gave his address as North Pomona Road, SunnySide, GA. He said that manufactured homes have a place
in Spalding County and they should all be in a park and not all out polluting
the land hurting everybody else’s value.
He said most of the trailer parks are junky and trailers should be in a
park.
12.
Mr. Joel
Shaftner, Duluth, GA stated he was a developer in Spalding, Coweta and Pike County
and does mostly rural developments. He
said that he is also an urban planner.
He said that he feels like the Special Exception clause should be done
away with and wait until the compatibility standards are in place. He said there is a flavor of rural
development in Spalding County and some of the other counties too.
13.
Mr. Allan
McCallum gave his address as 2831 Williamson Road. He addressed the agenda item issue again. He said that the county was charging too
much to copy under the open records act.
He said that the maximum a county can charge is $.25 and that is exactly
what the county is charging. He said
that he had also done some research on the cost of a scanner to be able to
place the entire agenda packet on the Internet. He said the price ranges from $500 to $7,200. He said the benchmark he was using in
purchasing this equipment was the $5,000 dinner the county paid for the
employees. He addressed the second reading of the AR-1 amendment, wanting to
know why it is coming up and where does it stop. He said that under closed meeting, future acquisition of real
property; he had been told that it concerns the purchase of the property across
from the cemetery for additional space.
14.
Mr. Horace
S. Kelley, Jr. gave his address as 153 Dunlap Circle and addressed the median
income in Spalding County. He said that
the average median income in 1995 was $30,305 and the average per capita income
in 1997 was $19,208. He said that 87%
of the homes were valued at less than $100,000, 37% were at less than
$50,000. He said that he feels that the
county is pricing out 70% of the citizens of Spalding County just because of
the square foot size. He asked the
commissioners to consider the people in Spalding County before they make the
rule.
15.
Mr. Ivan
Taylor gave his address as 1245 Carver Road.
He addressed the 800 MHz communication system item on the agenda. He wanted to know what was wrong with the
present system and if this was requested from the county. County Manager Ruffin stated that this was
from the City and the County and the city has agreed to split the cost for the
proposal. Mr. Ruffin said that the
proposal on the agenda tonight is the only one we received. The cost of the proposal is $18,765.85. Mr. Ruffin commented that public safety
personnel from the City and County have had several meetings and understand
that we are going to be forced to go to the 800 MHz as the frequency is going
to be split in 2006 or 2008 and if we stay on the same frequency, we will not
be guaranteed that we will not have interference when the others on the other
frequency talk.
Fire Chief Samuel Gardner also addressed
this issue. He said that some on the
communication systems are real old and are going to have to be replaced and this
is a good time to do a study to see what the City and County needs and how much
it is going to cost.
Mr. Taylor asked the Board to defer the vote on this item and maybe have public hearings before this study is done.
VIII.
MINUTES
1.
Consider approval of the minutes of the meetings of December 21,
1999. Upon motion by Commissioner
Childres, seconded by Commissioner Johnie McDaniel the minutes were unanimously
approved by a vote of 5-0.
IX.
CONSENT
AGENDA
Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres Items 1 & 2 were unanimously approved by a vote of 5-0.
1.
Renewal of
Contract for Employee Assistance with Employee Assistance Services. Contract is based on $18.00 per employee per
year based on 413 employees.
Contract #00-01-03(A).
2.
Consider
approval at second reading an ordinance amending the Fiscal Year 2000 Budget
Ordinance to provide for the GRIPP Program.
AN ORDINANCE
AMENDING THE
FISCAL
YEAR 2000 BUDGET ORDINANCE
FOR
SPALDING
COUNTY, GEORGIA
WHEREAS, the Board of Commissioners of Spalding
County have duly adopted an annual budget ordinance for the 2000 Fiscal Year
pursuant to the requirements of Title 36, Chapter 81 of the Official Code of
Georgia, and Section 2-5003 of the Code of Spalding County; and
WHEREAS, the Official Code of Georgia,
specifically Title 36, Chapter 81-3, provides that said Board may amend its
annual budget ordinance so as to adopt to changing governmental needs during
the fiscal year.
NOW,
THEREFORE, BE IT ORDAINED
by the Board of Commissioners that the annual budget ordinance as approved,
adopted and enacted on second reading on June 30, 1999, be amended as follows:
Section
I. General Fund
A. Revenues
Fines
and Forfeitures From $ 2,397,500 to $ 2,409,500
B. Expenditures
Adult
Probation From $ 101,510 to $ 113,510
Approved on first reading this 21st
day of December, 1999.
Approved, adopted and enacted on second
reading this 3rd day of January, 2000.
X. OLD BUSINESS
1. Consider lighting the walking track at Wyomia
Tyus Olympic Park. Roland Hinners,
HDR/WL Jorden addressed this issue. He
said that he had checked into Commissioner Childres’ request for quad lighting
and would cost approximately $15,000 per tower including installation and it
would require two (2) towers to adequately light the entire walking track. MEAG Power is not equipped to install these
towers or maintain them. After this
information, motion made by Commissioner Childres to approve $9,000 of
SPLOST money to install 15 lighting standards at $600 per structure. Commissioner Martha McDaniel seconded the
motion and motion was unanimously approved by a vote of 5-0.
2.
Consider
approval at second reading of Amendment to the Official Zoning Ordinance and
Official Zoning Map of the following:
·
Amendment
to UDO-A-99-12: Article 5:
AR-1 Agricultural and Residential-Section 503: Permitted Uses and Section 504:
Development Standards (Increase in Square Footage to 1250, Change of
Manufactured Homes and Industrialized Homes from Permitted by Right to
Permitted by Special Exception, Subdivision of Property).
Chairman Kendall asked County Attorney
Fortune, the County’s Parliamentarian to address the procedural posture that
the commissioners find themselves in tonight.
Mr. Fortune commented that the motion made was for the amendment to
pass; however the vote was 2 for and 3 against which defeated the motion. After that there was no motion either to
disapprove or table to a time certain so therefore the amendment was left in
limbo with no action taken and the amendment stayed on the agenda for whatever
action the Board deemed appropriate.
Chairman Kendall stated that he felt like
the only way this could be voted on again is for one of the commissioners who
voted for this motion to bring back up on a motion for reconsideration. Zoning Attorney Newton Galloway was also
present and he addressed this issue also.
He said this was tied up in two things, the Zoning Procedure Act and the
Board of Commissioners’ general procedures.
He said there were case law that says that a motion of reconsideration
of an action after the zoning hearing is inappropriate. He said that we have had to apply that to
both Mr. Bolton and Mr. Pruitt who asked for reconsideration of adverse zoning
decisions they faced by you. Under the general procedures it takes two readings
for any code amendment.
County Attorney Fortune stated that there is nothing in Robert’s Rules of Order to cover this situation as it does not address two readings; however it does say that the Parliamentarian is required to make a ruling as to what the proper procedure is to be and Mr. Fortune stated that he had made his ruling that the motion is in limbo.
Motion made by Commissioner Childres to
approve UDO-A-99-12 on second reading.
Commissioner Martha McDaniel seconded the motion.
Chairman Kendall asked if there was any other discussion. Commissioner Johnie McDaniel stated as
before that he would like to see the Board wait until we have specific criteria
for the special exception. Commissioner
Kendall also commented that he felt like the Board was making a huge mistake
from a procedural standpoint, preferential standpoint in doing this because
every time someone is disgruntled they will try to use this as a mechanism by
which to point to as the Board went back and reconsidered something and
especially since within 60 to 90 days we will come back and undo all this
anyway.
Chairman Kendall called the question at this
time. The motion passed by a vote of
3-2 with Commissioners Kendall and Johnie McDaniel voting against. The
Resolution is as follows:
RESOLUTION
AMENDING
THE
ZONING ORDINANCE OF SPALDING COUNTY, GEORGIA
WHEREAS, the Board of Commissioners of
Spalding County, Georgia under the Constitution and Laws of the State of
Georgia is empowered by virtue of its police power to regulate the health,
safety and welfare of the citizens of Spalding County to provide for and enact zoning and developmental regulations;
WHEREAS, the Board of Commissioners of
Spalding County, Georgia enacted the current Zoning Ordinance of Spalding
County, Georgia on January 4, 1994 and therein adopted the Official Zoning Map
of Spalding County, Georgia, in Article 23, Section 2301, et. seq.;
WHEREAS, the Board of Commissioners of
Spalding County has determined that it is in the best interests of the citizens
of Spalding County for certain text revisions and amendments to be made to the
Zoning Ordinance of Spalding County;
WHEREAS, such text amendments to the
Zoning Ordinance of Spalding County were reviewed by the Spalding County
Planning Commission, and a hearing on the text amendments to the Zoning
Ordinance of Spalding County was conducted by the Board of Commissioners of
Spalding County, Georgia on September 23, 1999 and December 2, 1999 pursuant to
O.C.G.A. ' 33-66-1, et. seq. in the Spalding County Hearing Room, Room
108, Spalding County Courthouse Annex, 119 East Solomon Street, Griffin,
Spalding County, Georgia;
WHEREAS, the Board of Commissioners of Spalding
County, Georgia considered the proposed amendment, any and all alternate
proposals or amendments, the report of the Spalding County Planning Commission
and all data and evidence taken at the public hearing; and
WHEREAS, it is deemed by the Board of
Commissioners of Spalding County, Georgia that an amendment to the Zoning
Ordinance of Spalding County, Georgia and an amendment to the Official Zoning
Map of Spalding County, Georgia is in conformance with the Spalding County
Comprehensive Plan and sound comprehensive planning principles and of
substantial benefit to the public and in the promotion of the best interests
and general welfare of the people;
NOW THEREFORE, IT SHALL BE AND IS HEREBY
RESOLVED by the Board of Commissioners of Spalding County, Georgia, that the
Zoning Ordinance of Spalding County, Georgia shall be and is hereby amended as
follows:
Section 1:
The following provisions shall be deleted from the Zoning Ordinance of
Spalding County, Article 5, "AR-1 Agricultural-Residential District:" Section 503(A)(1), Section 503(A)(2),
Section 503(A)(3), Section 504(A), Section 504(B) and Section 504(Y). Section 503(A)(2) and Section 503(A)(3)
shall appear as "Reserved."
Section 2:
The following provision shall be added to Article 5, "AR-1 Agricultural
and Residential" of the Zoning Ordinance of Spalding County to appear as
Section 503(A)(1):
Section
503: Permitted Uses.
A. The following Principal Uses are permitted in AR-1 districts:
1. Site-built, single-family detached
dwelling with a heated floor area of at least 1,250 square feet.
Section 3:
The following provision shall be added to Article 5, "AR-1
Agricultural and Residential" of the Zoning Ordinance of Spalding County
to appear as Section 504(A):
Section
504: Development Standards for AR-1
Districts.
A. Minimum
Heated Floor Area per Dwelling Unit: 1,250
square feet
Section
4: The following provision shall be
added to Article 5, "AR-1 Agricultural and Residential" of the Zoning
Ordinance of Spalding County to appear as Section 503(B)(17):
Section
503: Permitted Uses.
B. The following Principal Uses are permitted as Special Exceptions in AR-1 districts:
17. Industrialized home with a heated floor
area of at least 1,250 square feet.
Section 5:
The following provision shall be added to Article 5, "AR-1
Agricultural and Residential" of the Zoning Ordinance of Spalding County
to appear as Section 503(B)(18):
Section
503: Permitted Uses.
B. The following Principal Uses are permitted as Special Exceptions in AR-1 districts:
18. Class A manufactured home with a heated
floor area of at least 1,250 square feet.
Section
6: The following provision shall be
added to Article 5, "AR-1 Agricultural and Residential" of the Zoning
Ordinance of Spalding County to appear as Section 504(Y):
Section
504: Development Standards for AR-1
Districts.
Y. Subdivision Prohibited: In order to maintain the rural quality of
property located within AR-1 zones, subdivisions, as defined by the Zoning
Ordinance of Spalding County, Appendix A, the Spalding County Subdivision
Ordinance, Section 202QQ are prohibited.
In addition thereto, any division of property within an AR-1 zone into
five (5) or more tracts, irrespective of the size of any individual tract
therein, shall comply with the requirements for Preliminary and Final Plats set
forth in the Zoning Ordinance of Spalding County, Appendix A, the Spalding
County Subdivision Ordinance, Sections 404-405 and Sections 408-410.
Section 7:
The foregoing amendments to the Zoning Ordinance of Spalding County
shall become effective immediately upon adoption of this resolution.
Section 8:
All Ordinances or resolutions in conflict herewith shall be and are hereby, repealed.
Upon motion by
Commissioner Martha McDaniel, seconded by Commissioner Childres and unanimously
approved the Board took a five (5) minute recess.
The Chairman called the
meeting back to order.
XI. NEW BUSINESS
1.
Consider approval of request from Shelter Rescue and the Newnan-Coweta
Humane Society. The request was to
allow them to rescue animals available for adoption from our animal shelter
with fees waived. Upon motion by
Commissioner Martha McDaniel, seconded by Commissioner Childres the request was
unanimously approved by a vote of 5-0.
2.
Consider proposal from OMNICOM, Inc. to design an 800 MHz
Communications system for $18,765.85. Motion
made by Commissioner Childres to approve with the City of Griffin paying half
the cost. Commissioner Martha McDaniel
seconded the motion and motion was unanimously approved by a vote of 5-0.
3.
Consider
approval of Final Plat:
Stanfield West-Phase IV:
John T. Bolton, Owner-23 lots, zoned R-2 (Conditioned upon final
inspection approval or posting of bond.
Upon motion by Commissioner Childres, seconded by Commissioner Johnie
McDaniel plat was unanimously approved by a vote of 5-0.
4.
Consider approval of Alcoholic Beverage License for Jung Wun Kwun d/b/a
Griffin Farmer’s Market, 1650 N. Hill Street, Retail Sales—Beer—2000
License. Upon motion by Commissioner
Childres, seconded by Commissioner Martha McDaniel license was approved by a
vote of 4-1 with Commissioner Johnie McDaniel voting against.
5.
Set qualifying fees for the Upcoming General Primary and General
Election of Year 2000. This is 3% of
annual salary of these positions. After
a discussion regarding State Court motion made by Commissioner Kendall to table
setting qualifying fees until the next regular scheduled meeting. Commissioner Johnie McDaniel seconded the
motion and motion was unanimously approved by a vote of 5-0.
6.
Ms.
McDaniel desires to discuss the recent amendment to the R-5 zones,
UDO-A-99-20. Mrs. McDaniel stated that
when the motion was made at the last meeting she thought she was voting for a
special exception across the Board on minimum square footage and not just
manufactured homes. The same reason she was so interested in having a
special exception is because of the lack of the timeliness by our Planning
& Zoning Board on decisions to be made particularly with reference to going
in and using some other form of compatibility study. She said she felt like is was very prudent for us to go back and
allow for a special exception not only for a manufactured home but also a stick
built home. This needs to go back to
Planning & Zoning Board and go through the necessary steps to be acted on
by the Board of Commissioners.
Motion made by Commissioner Martha McDaniel
to send this R-5 zoning amendment to Planning & Zoning Board with
recommendation that there be an ordinance developed for a special exception for
site built and manufactured homes less than 1250 sq. ft. until the
compatibility standards are in place.
Commissioner Childres seconded the motion and the motion passed by a
vote of 3-2 with Commissioner Kendall and Commissioner Massengale voting
against.
7.
Mr.
Kendall desires to discuss SPLOST improvements at City Park. It had been discussed that the money
allocated for City Park be placed back in the budget and staff had looked at
what needed to be done which was to install new heating and air and expand the
gym and had received a proposal which
costs more than what had been budgeted.
Mr. Kendall wanted to know the status of this project and what we can
afford to do at City Park. Mr. Louis
Greene, Parks and Recreation Director, addressed the Board. He said that Mr. Kendall had stated today
that his main concern at this time is to get the spectators off the floor and
restrict them to a bleacher area. To
get the bleacher space will require a structural engineer because a wall will
probably have to be removed to expand the area. Mr. Greene commented that he felt like staff could have a report
to them by the 1st meeting in February as to the most cost-effective
project to do. Mr. Greene stated that
it was impossible to do the expansion and the heating and air.
Commissioner Kendall also asked County Manager
Ruffin about the leases from the City of Griffin on the City Park Gym. Mr. Ruffin stated that he has scheduled a
meeting with Mr. Chaffin next week regarding the implementation schedule of 489
for this year, which includes recreation leases.
8.
Consider appointments for Boards, Authorities and Commissions beginning
January 1, 2000. Motion made by
Commissioner Martha McDaniel, seconded by Commissioner Childres and unanimously approved to table these
appointments until the next regular scheduled meeting.
Motion made by Commissioner Martha McDaniel,
seconded by Commissioner Kendall to amend the agenda to reschedule the January
17th meeting. Motion was
unanimously approved by a vote of 5-0.
Motion made by Commissioner Kendall, seconded
by Commissioner Martha McDaniel to reschedule the January 17, 2000 meeting to Tuesday,
January 18, 2000 at 6:00 p.m.
Motion was unanimously approved by a vote of 5-0.
County Manager Ruffin stated that we need to have a special meeting
in February to discuss a fire fleet maintenance and replacement program as we
are adding a new fire station and we have got to prepare for this. There will be a vendor present to present
their proposal. Mr. Ruffin proposed a
date of Monday, February 28, 2000. He
asked that this meeting be held at the Gary Reid Fire Station. Motion made by Commissioner Kendall to have
a special called meeting Monday, February 28, 2000 at 6:00 p.m. at the Gary Reid
Fire Station. Commissioner Martha
McDaniel seconded the motion and motion was unanimously approved by a vote of
5-0.
Commissioner Massengale had no comments.
Commissioner Johnie McDaniel stated he
would like for the Board to consider whether or not they need to revisit
prohibition of subdivision in AR-1 that expired at the end of 1999. He asked that maybe this should be put on
the January 18, 2000 agenda for discussion.
The Board agreed.
Commissioner Johnie McDaniel stated that
Mr. Allan McCallum has spent a lot of time making suggestions for improvements
for citizen participation and he feels they should get review and be place on a
follow-up agenda. He said some of the
suggestions he likes and he intends to review these. Chairman Kendall suggested that Mr. McDaniel review these
suggestions on behalf of the Board and bring these back to the commissioners on
a future agenda for discussion.
Commissioner Johnie McDaniel discussed
board appointments. He said that he had
a very good class at ACCG on board appointments and made a suggestion that
appointments open be placed on the Internet and make known available maybe
through the news media.
Commissioner Martha McDaniel also
addressed board appointments being advertised for people to know what positions
are open. He felt it would be a good
idea to place these open appointments on the Community Page of the Griffin
Daily News.
Commissioner Childres had no comments.
Commissioner Kendall stated that last
year we had talked about being more consumer friendly and allowing people to
participate in local government. He
said if more people like Mr. McCallum would participate in their government we
could see the effect on them and they would have more respect for the
Commissioners and the staff.
Commissioner Kendall again thanked the
commissioners for appointing him to the chairman seat this year and stated that
he would do his very best not to embarrass anybody.
Commissioner Kendall commented that he
would like to see the other commissioners what he intends to do, which is that
all the boards that he is appointed to, he will make a report back to the
commissioners at a meeting. He said
since the Board last met he attended the Hospital Authority Meeting. He said that the county has a tremendous
asset in the Hospital Authority. It was
reported that the hospital assets had grown $800,000 since October of last year
till now. He said that it was seriously
imperative that the taxpayers resume control of this money, not to dictate but
for the public to be ultimate in charge of.
Upon motion by
Commissioner Childres, seconded by Commissioner Johnie McDaniel the Board voted
unanimously to go into Closed Session to discuss the following:
1.
A Closed
Session is requested to discuss:
·
Future
Acquisition of real property
·
Pending
Litigation
·
Personnel
Those present were Commissioners Martha McDaniel, Earle Childres, Merrill Massengale, Johnie McDaniel and Michael Kendall, County Manager Mike Ruffin, Deputy County Manager William Wilson, County Attorney Jim Fortune and Executive Secretary Phyllis Doane.
CLOSED MEETING AFFIDAVIT
[A copy of the affidavit must be filed with the minutes of the meeting]
STATE OF GEORGIA
COUNTY OF SPALDING
AFFIDAVIT OF CHAIRMAN
M.
Michael Kendall, Chairman,
of the Spalding County Board of Commissioners, being duly sworn, states under
oath that the following is true and accurate to the best of his knowledge and
belief:
1.
The Spalding
County Board of Commissioners met in a duly advertised meeting on January 3,
2000.
2.
During such
meeting, the Board voted to go into closed session.
3.
The executive
session was called to order at 9:00 p.m.
4.
The subject
matter of the closed portion of the meeting was devoted to the following
matter(s) within the exceptions provided in the open meetings law:
Yes
Consultation with the county attorney or other legal counsel to discuss
pending or potential litigation, settlement, claims, administrative
proceedings, or other judicial actions brought or to be brought by or against
the county or any officer or employee or in which the county or any officer or
employee may be directly involved as provided in O.C.G.A. § 50-14-2(1);
No Discussion of tax matters
made confidential by state law as provided by O.C.G.A. § 50-14-2(2) and
(insert the citation to the
legal authority making the tax matter confidential)__________;
Yes
Discussion of the future acquisition of real
estate as provided by O.C.G.A. § 50-14-3(4);
Yes Discussion or deliberation on the appointment, employment,
compensation, hiring, disciplinary action or dismissal, or periodic evaluation
or rating of a county officer or employee as provided in O.C.G.A. § 50-14-3(6);
No Other (describe the exemption to the open meetings law):
______________________________________ ____________________________ as
provided in (insert the citation to the
legal authority
exempting the
topic)_____________________.
This the 3rd
day of January 2000.
Chairman
Spalding
County Board of Commissioners
Sworn to and
subscribed
Before me this 3rd
day of January 2000.
Notary Public
My commission
expires: March 18, 2002
Upon
motion by Commissioner Childres, seconded by Commissioner Martha McDaniel the
Board unanimously voted to come out of Closed Session and go back into Open
Session.
Upon
motion by Commissioner Kendall, seconded by Commissioner Martha McDaniel and unanimously
approved the agenda was amended to consider and approve two (2) contracts.
The first contract was the future acquisition of real property. Commissioner Kendall stated that this is a contract between Spalding County and Mr. Terry Hatchett for purchase of 12.585 acres, two (2) tracts of land on Memorial Drive for a purchase price of $2 Million. Motion made by Commissioner Kendall to approve contract. Commissioner Childres seconded the motion and motion was unanimously approved by a vote of 5-0. The contract is as follows:
STATE
OF GEORGIA
SPALDING
COUNTY
SALES CONTRACT
The undersigned Buyer agrees to buy and
the undersigned Seller agrees to sell, the following tract of land and any
improvements located thereon:
All that tract or parcel of land lying and being
in Spalding County, Georgia and being more particularly described on Exhibit
“A” attached hereto and made a part hereof.
The purchase price of
said property shall be: Two Million and no/l00-- ($2,000,000.00)—Dollars to be
paid in cash at closing.
The earnest money paid
at the execution of this contract shall be credited to, and subtracted from
this amount at closing.
Buyer has paid to the undersigned Seller,
receipt whereof is hereby acknowledged $40,000.00 as earnest money, to be
applied as part payment of the purchase price of said property at the
consummation of this sale; and if this sale, due to Buyers default, is not
consummated, then said earnest money shall be forfeited. In the event the sale
is not consummated for reasons other than the default of Buyer, said earnest
money is to be refunded to Buyer. The parties expressly agree and understand
that the retention of the earnest money by the seller shall be the sole remedy
of the seller against the buyer under this agreement in the event of default by
the buyer. In this regard, the right of
specific performance of this agreement shall not be an available remedy under
this contract.
Seller agrees to furnish good and
marketable title to said property and Buyer shall have a reasonable time in
which to examine the same. If Buyer finds any legal defects to title, Seller
shall be furnished with a written statement thereof and given a reasonable time
in which to correct same. It is agreed that such papers that may be legally
required to carry out the terms of this contract shall be executed and
delivered by the parties at interest as soon as the validity of the title to
said property has been established. Title that is furnished by seller shall be
such that Chicago Title Insurance Co. will insure by standard form of Owner’s
policy of Chicago Title Insurance Company, subject only to the usual policy
exceptions; ad valorem taxes for the current year and easements for service
Utilities.