SPECIAL CALLED MEETING

 

A Special Called Meeting was held by the Spalding County Board of Commissioners in their office in the Courthouse Annex, Thursday, February 3, 2000 beginning at 5:00 o’clock p.m. with Commissioners, Michael Kendall, Martha McDaniel, Merrill Massengale, Johnie McDaniel and Earle Childres present.  Also present were County Manager Mike Ruffin and Executive Secretary Phyllis Doane.  Deputy County Manager William Wilson was absent.

 

Also present were City Commissioners Carlton Imes, Mayor, Geraldine Jackson, Rodney McCord, Joanne Todd, Tom Perdue, Anthony Dickson and City Manager Rick Chaffin.

 

Chairman Kendall called the meeting to order.

 

The business of the meeting was to discuss the emergency response of the City and County to the citizens of Spalding County during the recent ice storm.

 

He said that he was very concerned about the response that we made and did not think that the response we made was our finest hour.  He said that he only realized today that in the Emergency Management & Operations Plan (E.O.P.) that the Chairman of the County Commission and the Mayor of the City Commission are the people responsible for emergency management; therefore he was not pointing fingers at any one individual or entity.  He said that the City and County Board of Commissioners had signed off on this E.O.P., but of all the ones he had spoken too, nobody had read it.  He said that while he was Chairman he would make an effort to follow the Plan in any emergency situation.

 

Kenny West, Emergency Management Director, stated that protocol was followed this past weekend.  He said that he first opens up the Emergency Operations Center (E.O.C.) then notifies the County Manager, 911 and all the emergency departments to let them do their function.  When all our resources have been fully exhausted, then we contact GEMA and keep them on stand by to keep them aware of what is going on.  He said the E.O.C. is located at 600 Carver Road, Spalding County Headquarters Fire Station.  It was also noted that Willie Henley, City Fire Chief, is the Assistant Emergency Management Deputy Director.  He is also the City’s representative for GEMA.

 

Mayor Imes stated he feels like the situation was handled very well in North Georgia during the ice storm they had two (2) weeks ago.  He said there were chainsaw crews out cutting tree limbs and a number of churches and centers were opened to welcome people and there were people answering telephone calls directing people to the various centers.  He said that we should have had this going and he was also appalled at the way we handled this emergency.  He said there were people here that needed to find a warm place.

 

Commissioner Joanne Todd stated that on Sunday afternoon it was announced that First Baptist Church had opened a shelter; however no one came to the shelter.  She said that did carry hot food to some people. 

 

Chairman Kendall said in the plan it calls for the appointment of an Emergency Public Information Officer.  He said that individual is not clearly designated in the book.  He said that the biggest problem that people had in his assumption was that there was nobody in any official capacity giving information to the public.  The plan calls for the Emergency Management Director to coordinate the information dissemination process, which is to notify an Emergency Public Information Officer.  He said that Mr. Ruffin stated to him that he was the Officer.  He said that is not clearly defined and he feels that the City and County Commissioners needed to clearly designate who that person is in this emergency plan and update the Plan every year thereafter and abide by this Plan every year.

 

 Mr. Ruffin commented that our county code says that unless it is declared “a state of emergency” there is no response team assembled and this was not declared a “state of emergency”.  Mr. Kendall said that this needs to be clarified as to when and whom this emergency plan can be put into operation.

 

Ms. Vickie Thompson, GEMA Area Field Coordinator said that Kenny West followed protocol in this weather situation and did a good job in coordinating all the emergency departments. She said that Mr. West did keep in contact with her throughout the weekend and because of that and because this county is a qualified county, Spalding County has been declared a presidential disaster and will be receiving assistance for damages. 

 

Zack Holmes, Director of EMS stated that his office had very few medical calls during the storm; however, he did go up to the 911 Center and the problem was the people were flooding the 911 Center because of power outages, cable outages, etc.  He said there was really no way for them to communicate what the people needed to do.  He said that all the emergency departments were out working in this storm cutting down trees, repairing electric service, etc. He said that the 911 Center did indeed have all the information to give out to the public when they called. 

 

Commissioner Martha McDaniel stated that Central Georgia EMC had installed a new system to report power outages.  She said they had received on Saturday 2800 calls, 4,469 called on Sunday and 3,253 calls on Monday.  She said that this phone line could take a telephone call, receive a telephone number that you can punch in and records that you have a problem and somebody gets back to you.  She said that the most concern was that people were frustrated because they could not get through because the lines were jammed.  She said that she would like to propose that we go in and investigate this phone system that they have which can give you the history of the calls, tell you who called and how many called and how they answered the calls.  She said that people should not be having to call 911 because that is for emergencies where people’s lives are at stake.  Being without power does not denote an emergency.  

 

Kenny West stated that GEMA does put on an excellent four-hour class called ICS/EOC, which is designed for elected officials and department heads showing exactly how they should function in event that we should have a disaster.  He said that he would be glad to schedule the class according to their schedules if they were willing to take the time to take the class. 

 

Chairman Kendall asked for these two (2) things to be placed on an agenda.  One is for us to come up with a recommendation to submit to the City of Griffin as to who should be appointed as the Public Information Officer and the other is to clarify this little gray area in the E.O.P. as to when and who can ask that this Plan be put to implementation. 

 

Chief Gardner personally thanked all of the different agencies that worked during this bad weather.  He said that he knows there has been a lot of criticism flying around about different agencies and departments but people were working.  People were working hard under very dangerous conditions doing everything they could to help.  He said that he was out there and he saw a lot of what was going on.  He said he feels like we need to “tweak” the plan some and also look at the Public Information Officers concept and try to see if there are ways to better disseminate the information to the public.

 

City Commissioner Geraldine Jackson commented that she felt like the guys did a great job.  She said there were some things we need to do and put in place.

 

Commissioner Johnie McDaniel commented that with a winter storm you do not know what you got as it is with a bomb or tornado.  The winter storms are so unpredictable and it takes time to know what your problem is and time to know if you are in an emergency situation.  You do not know where power lines or cable lines are going to fall. 

 

City Commissioner Tom Perdue said thanks to the people that worked and got out on the city streets and repaired these power lines under dangerous conditions. 

 

Chairman Kendall adjourned the meeting at 6:07 PM.

 

                                                                                                                                                                    

County Clerk/County Manager                                             Chairman

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PUBLIC HEARING

 

A public hearing was held by the Spalding County Board of Commissioners in their office in the Courthouse Annex, Monday, February 7, 2000 beginning at 5:45 o’clock p.m. with Commissioners Michael Kendall, Earle Childres, Martha McDaniel, Johnie McDaniel, Merrill Massengale, County Manager Mike Ruffin, Deputy County Manager William Wilson, County Attorney Jim Fortune and Executive Secretary Phyllis Doane.

 

Chairman Kendall called the meeting to order.

 

The order of business was to discuss the acquisition of real property special financing.  This is the property owned by Terry Hatchett that we are going to purchase for future office space.  Mr. Ruffin introduced Mr. Todd Barnes with A. G. Edwards & Co., financial advisers to the County and Mr. Roger Murray, an attorney with King & Spalding handling the legal side of the financing.  He said they are here tonight to answer any questions.

 

There was no one who wished to speak.

 

Upon motion by Commissioner Childres, seconded by Commissioner Martha McDaniel the meeting was adjourned.

 

                                                                                                                                                                  

County Clerk/County Manager                              Chairman

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REGULAR MONTHLY MEETING

 

The Board of Commissioners of Spalding County, Georgia, held their regular monthly meeting on Monday, February 7, 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.

 

Agenda Topics

 

              I.      OPENING (CALL TO ORDER) – Chairman Kendall

 

           II.      INVOCATION - Rev. Randy Valimont

 

         III.      PLEDGE TO FLAG – Led by County Manager Ruffin

 

  IV.  PRESENTATIONS/PROCLAMATIONS/RECOGNITION

 

1.  Recognition of the Griffin/Spalding Leadership Class of 2000.  Mr. Bobby Brown, a City Fire Department employee, was elected as spokesperson for the class and Chairman Kendall asked him to introduce the class members present which he did.  This group was present to partake in the County Commission meeting being held tonight.

 

             V.  CITIZENS COMMENTS

 

 

1.  Mr. Will Clark is present to discuss the need for a skate park.  Will Clark, 125 Central Lake Circle asked Matthew Hopkins to speak in behalf of him.  Mr. Hopkins gave his address as 311 S. 5th Street and 

asked the Board to build a skate park for the youth of Spalding County.  He said that there was no place to skate except in downtown Griffin and you get arrested for skating on sidewalks.  He said the County provides all kinds of recreation and sees no reason why they shouldn’t put a skate park also.  He said a lot of young people skate.

 

Chairman Kendall introduced Mr. Louis Greene, Parks and Recreation Director, to these youth and asked them to introduce themselves to him and give him your telephone number and talk to him and let him understand what he thinks you need and then he can take your suggestions to our Parks and Recreation Advisory Commission.  It’s possible that they can include this proposal in the Recreation Master Plan.

 

The other youth who wished to speak in support of this skate park were Brandon Couey, Jackson, GA, Travis Russell and Chris Emigholz, 51 Caldwell Road.

 

Commissioner Childres addressed the audience and said that this is the first time since he has been on the Commission for a child or teenager to take it on his own to write the Commission and asked to be placed on the agenda and have the courage to stand up here and talk to us.  He said he was very supportive of his idea and asked the audience to give them a hand of applause.  The rest of the Commissioners also expressed their support of this proposal.

 

VI.      PUBLIC COMMENT

 

1.       Mr. Ray Browning, 585 Moore Road, stated he was speaking on behalf of the Southern Contractors Association Board of Directors regarding the Rover-Zetella/Moreland/Highway 362 Intersection.  He said that this was a hazardous area and the Association asked the Board to strongly consider change in the traffic flow by moving Rover-Zetella Road, taking the offset out and aligning the road to intersect with Moreland Road.

 

2.       Mr. Greg Pruitt, 55 Partridge Path, asked to speak for Item #1 under Old Business.  He said that he had found out that the Board was to make a motion to deny his two rezoning petitions and he asked them not to do this.  He gave a copy of his intent in writing to the Commissioners and stated he felt like the Board was violating his constitutional rights and also violating the 14th amendment, which is due process.  He said that he needed the Board’s help and support and he would keep coming back.

 

3.       Mr. Allan McCallum, 2831 Williamson Road, spoke on the Rover-Zetella/Moreland/Highway 362 Intersection.  He presented a petition to the Board with 310 signatures as well as letters of support from City of Williamson Councilmen, Sheriff Department, Fire Department, Corinth Baptist Church, and several businesses in the area and also a letter from the State Representatives to DOT to do a thorough safety needs analysis at this intersection.  He said that this is a very dangerous intersection to citizens and asked the Board to work with DOT and the State Representatives to realign the road and install a traffic signal.

 

4.  Mr. Horace S. Kelley, Jr., 153 Dunlap Circle, also spoke regarding this intersection.  He said that unless you put some curbing around Merrybrook Store, the traffic signal is not going to do any good.  He said that he has seen as many as five (5) difference vehicles coming out and in from the store at all different directions plus all the traffic and you wonder who has got the right of way.  He agreed that the intersection needed to be realigned because of the growth out in this area.

 

           VII.  MINUTES

 

1.  Consider approval of minutes for the Meeting of January 18, 2000, Public Hearing of January 27, 2000 and Special Called Meeting of January 31, 2000.  Upon motion by Commissioner Childres, seconded by Commissioner Johnie McDaniel minutes were unanimously approved by a vote of 5-0.

 

VIII.  CONSENT AGENDA

 

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres, Items 1-3 on the Consent Agenda were unanimously approved by a vote of 5-0.

 

1. Consider approval at second reading an amendment to the Spalding County Code relative to Fee Schedule-Animal Control Ordinance.

 

ORDINANCE NO. 2000-01

ORDINANCE TO AMEND SECTION XII OF THE CODE OF LAWS

AND ORDINANCES OF SPALDING COUNTY, GEORGIA,

CHAPTER 1, ANIMAL CONTROL

 

BE IT RESOLVED AND  ORDAINED BY  THE  BOARD  OF  COMMISSIONERS  OF SPALDING COUNTY AND IT IS HEREBY RESOLVED AND ORDAINED:

 

Section 1.  To amend Section 12-1016 by striking in its entirety the second sentence of sub-paragraph (4) which reads as follows:  “Provided, however, that if such animal is adopted by the Griffin Spalding County Humane Society or the Good Shepherd Humane Society, said impoundment fee and boarding fees shall not apply, but the cost of rabies tags shall be paid”, and inserting in lieu thereof a new sentence to read as follows:

 

      "Provided, however, that if such animal is adopted by the Griffin-Spalding County Humane Society, the Good Shepherd Humane Society or the Newnan-Coweta Humane Society- Shelter Rescue,  then said impoundment fee and boarding fee shall not apply, but the cost of rabies tags shall be paid”.

 

Section 2.  This ordinance shall be and become effective immediately upon its adoption by the Board of Commissioners of Spalding County, Georgia, as prescribed by Section 2-1005 of the Code of Spalding County.

 

Section 3.    All ordinances and parts of ordinances in conflict herewith are repealed.

 

2.  Consider approval at second reading of an amendment to the Spalding County Code relative to false alarms.

 

ORDINANCE NO. 2000-02

ORDINANCE TO AMEND CHAPTER 3 OF DIVISION II, PART III OF THE CODE OF LAWS

AND ORDINANCES OF SPALDING COUNTY, GEORGIA,

EMERGENCY AND RESCUE

 

BE IT RESOLVED AND  ORDAINED BY  THE  BOARD  OF  COMMISSIONERS  OF SPALDING COUNTY AND IT IS HEREBY RESOLVED AND ORDAINED:

 

Section 1.  To amend Chapter 3 of Division II, Part III Emergency and Rescue by adding a new article to be designated to be Article D (False Alarms) of Chapter 3 of the Spalding County Code to read as follows:

 

            ARTICLE D. FALSE ALARMS

 

Section 3-3040. False Alarms.

 

            It shall be an offense against the County and a violation of this code for any person to cause or allow either the Spalding County Sheriff’s Department or the Spalding County Fire Department, or both, to respond to more than two (2) false burglar alarms and/or fire alarms during any calendar month.  Each such false alarm in excess of two (2) during any month shall be punished by a penalty of $20 per false alarm.  A new alarm system shall be allowed a thirty (30) day grace period from the date of its installation before the penalties of this section shall apply.

           

      Any Penalty not paid within thirty (30) days of the notice of penalty being placed in the United States Mail shall result in a citation being issued to the person who has violated this code section and said citation shall be returnable to the Magistrate Court of Spalding County.

 

Section 2.  This ordinance shall be and become effective immediately upon its adoption by the Board of Commissioners of Spalding County, Georgia, as prescribed by Section 2-1005 of the Code of Spalding County.

 

Section 3.    All ordinances and parts of ordinances in conflict herewith are repealed.

 

3.  Consider approval at second reading an ordinance amending the FY 2000 Budget Ordinance to provide for the distribution of employee benefits to all departments in the General Fund.

 

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       

 

B.      Expenditures

      General Appropriations      From       $      5,284,723      to   $      3,051,035

      Voter Registration      From      $    60,662      to   $      68,668

      Finance and Administration      From      $    764,976      to   $      907,738

      Information Systems      From      $    114,423      to   $      122,406

      Tax Commissioner      From      $    557,015      to   $      623,151

      Tax Assessors      From      $    260,749      to   $      300,557

      Construction & Maintenance      From      $    227,942      to   $      260,783

      Janitorial Services      From      $    77,012      to   $      91,398

      Clerk of Court    From      $    501,732      to   $      607,378

      State Court      From      $    209,677      to   $      216,277

      Solicitor      From      $    63,084      to   $      75,004

      Magistrate Court    From      $    370,493      to   $      446,388

      Probate Court    From      $    131,241      to   $      160,770

      Sheriff      From      $      5,106,012      to   $      5,541,718

      Jail       From      $      1,311,192      to   $      1,770,133

      Narcotics      From      $    90,000      to   $      136,824

      Correctional Institution      From      $      1,478,082      to   $      1,670,410

      Juvenile Probation      From      $    242,906      to   $      286,642

      Coroner      From      $    28,750      to   $      32,566              Animal Control From      $    168,450      to   $      197,275

      Public Works  From      $      2,773,327      to   $      2,943,319

      Solid Waste      From      $    747,625      to   $      798,323

      Garage      From      $    145,665      to   $      173,927

      Parks and Recreation      From      $      1,672,692      to   $      1,854,148

      Cooperative Extension Service From      $    71,547      to   $      79,234

      Building Inspections      From      $    281,232      to   $      325,137

 

Approved on first reading this 18th day of January, 2000.

 

Approved, adopted and enacted on second reading this 7th day of February, 2000.

 

IX.   OLD BUSINESS

 

1.  Consider a motion to deny the following rezoning petitions.

 

·         Application #99-36AZ:  John G. Pruitt, Owner—3.469 acres on Barnesville Road, High Falls Road and Head Road, located in Land Lot 83 of the 3rd Land District – requesting a rezoning from AR-1, Agricultural and Residential, to R-2, Single Family Residential.

 

Upon motion by Commissioner Massengale, seconded by Commissioner Childres Application #99-36AZ was denied by a vote of 3-2 with Commissioners Kendall and Johnie McDaniel voting against the denial.

 

·         Application #99-36BZ:  John G. Pruitt, Owner – 2.583 acres on Barnesville Road, High Falls Road and Head Road, located in Land Lot 83 of the 3rd Land District – requesting a rezoning from AR-1, Agricultural and Residential, to R-2, Single Family Residential.

 

Upon motion by Commissioner Massengale, seconded by Commissioner Childres Application #99-36BZ was denied by a vote of 3-2 with Commissioners Kendall and Johnie McDaniel voting against the denial.

 

1.       Appointments to Boards, Authorities and Commissions.

 

BOARD APPOINTMENTS

FOR TERMS BEGINNING 2-7-00

 

A.      APPOINTMENTS BY THE BOARD OF COMMISSIONERS:  

 

1.   Jail Population Management Task Force

 

a.        A Six-year term to expire 12-31-05 (seat of Loretta Johnson) – tabled – Commissioner Johnie McDaniel nominated Mr. John Abbott to fill this seat.  Motion made by Commissioner Kendall to appoint Mr. John Abbott to this seat.  Commissioner Massengale seconded the motion and motion was unanimously approved by a vote of 5-0.

 

2.  Board of Appeals & Adjustments Unsafe Building Abatement Code

 

 a.  Vacant Seat of V Smith, Four year term to expire 12-31-03 – Commissioner Johnie McDaniel nominated Mr. Doug Krepps to fill this seat.  Motion made by Commissioner Kendall to appoint Mr. Doug Krepps to this seat.  Commissioner Martha McDaniel seconded the motion and motion was unanimously approved by a vote of 5-0.

       

3.  Keep Griffin/Spalding Beautiful, Inc.

 

a.          To succeed Riley Fenley, Two-year term to expire 12-31-01- tabled – Commissioner Kendall nominated Kim Slaughter who can no longer be the representative from SunnySide.  Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres Kim Slaughter was appointed to this seat by a unanimous vote of 5-0.

 

b.          To succeed Penny Hunter, Two-term to expire 12-31-01 – tabled – no nominations.

 

c.  To succeed Paula Kelly , Two-term to expire 12-31-01- tabled – Commissioner Kendall nominated Ms. Paula Kelly for reappointment to this seat.  Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres Paula Kelly was reappointed to this seat by a unanimous vote of 5-0.

 

d.  To succeed Gary Reid, Two-term to expire 12-31-01 – tabled  - no nominations.

 

4.  Community Relations Council

 

a.         To succeed Emma Jean Foster, One-year term to expire 12-31-00 – tabled – Commissioner Kendall nominated Ms. Sylvia Hollums, who is presently serving in this seat. Motion by Commissioner Martha McDaniel to appoint Ms. Sylvia Hollums to serve in this vacant seat.  Commissioner Johnie McDaniel seconded the motion and motion was unanimously approved by a vote of 5-0.

 

b.         To succeed  Ruth Daniel, One-year term to expire 12-31-00 – tabled –  Commissioner Kendall nominated Ms. Ruth Daniel for reappointment to this seat.  Commissioner Martha McDaniel made a motion to reappoint Ms. Ruth Daniel.  Commissioner Childres seconded the motion and motion was unanimously approved by a vote of 5-0.

 

c.          To succeed Andrea Mathews, One-year term to expire 12-31-00 – tabled –  Commissioner Johnie McDaniel nominated Bain Proctor and Allan McCallum to fill this seat.  Chairman Kendall called for the votes for this seat alphabetically.  Allan McCallum received four votes (Commissioner Martha McDaniel voting against).  Mr. Allan McCallum was appointed to this seat.

 

5.  Board of Directors, McIntosh Trail Regional Development Commission

(County’s year to appoint)

              

a.  To succeed Leola Hill (Minority Representative (elected or appointed or private citizen) – tabled – Commissioner Kendall nominated Ms. Leola Hill for reappointment to this seat and made a motion to reappoint her to this seat.  Commissioner Martha McDaniel seconded the motion and motion was unanimously approved by a vote of 5-0.

 

          X.   NEW BUSINESS

 

 1.  Miller Edwards and Meredith Lipson are present to discuss the Fiscal Year 1999 Audit.  Mr. Edwards, a CPA with the firm of Mauldin & Jenkins, based out of Macon, GA gave the presentation.  He said that they gave the county a clean opinion on their financial statements.  He said there were an excess of revenues over expenditures in the amount of $478,000, which is gross profit.  He said at the end of June 30, 1999 Spalding County had a good cash position and that is very important because that is what has to carry the County until the tax money starts coming in.  The firm set up some Special Revenue Funds this year for Fire Dept., E-911, Law Library, Confiscated Assets, etc.  The SPLOST money was broken out of the Debt Service Fund and placed into Capital Projects Fund.

 

Chairman Kendall and Commissioner Martha McDaniel commended staff and department heads for the very good job of managing out assets and getting the County in such good physical condition. 

 

2.  Consider Electronic Monitoring Program for Juvenile offenders.  Ms. Syble Jones of Juvenile Court, Juvenile Probation addressed the Commissioners on this proposal.  Ms. Jones said that they would like to implement this program commonly referred to as “house arrest” which would give the court another sentencing option for juveniles. She said that she has contacted other counties using this program and has had all favorable reports.  She said the cost of each juvenile would be $6.00 per day.  She said that she had contacted several companies and BI Monitoring is the only one that offers it to juvenile courts.  Ms. Linda Nixon was present and explained to the Board how the program works.

 

 Motion made by Commissioner Martha McDaniel to approve this program in concept.  Commissioner Childres seconded the motion and motion was unanimously approved by a vote of 5-0.

 

Chairman Kendall called for a five (5) minute recess at this time.

 

Chairman Kendall called the meeting back to order.

 

3.  Lanier Boatwright and Michael Sabine are present to discuss Spalding County’s designation as a Non-Attainment County.  Mr. Michael Sabine addressed the Commissioners. He said that Spalding County is not yet a non-attainment county and my hope that will not be in the immediate future.  He said that at the present time, thirteen (13) of the Atlanta MSA’s twenty (20) counties are designated by the U.S. Environmental Protection Agency as a “non-attainment” area under provisions of the Federal Clean Air Act of which Spalding County is one of the seven (7) not.  Should Georgia’s proposed State Implementation plan not meet air quality attainment targets by 2003, as proposed, it is likely that the non-attainment zone will be revised to include the entire Atlanta MSA – or its successor.  For failure to meet standards under the Federal Clean Air Act, counties lose their Federal Highway funds pending approval and he suggested that for preparation before 2003, Spalding County front-load their transportation projects that would use Federal Highway funds.  

 

4.  Consider resolution supporting utilization of existing rail corridor and rights of way for rail passenger service to Spalding County. Upon motion by Commissioner Childres, seconded by Commissioner Martha McDaniel the following resolution was unanimously approved by a vote of 5-0.

 

A RESOLUTION ENDORSING THE UTILIZATION OF EXISTING RAIL CORRIDORS AND RIGHT-OF-WAY FOR PASSENGER RAIL SERVICE IN SPALDING COUNTY

 

 

WHEREAS, Spalding County has been a consistent supporter of commuter and inter-city rail services currently under development by the State of Georgia; and

 

WHEREAS, Spalding County is engaged in a coordinated multi-year planning process to facilitate commuter rail service along the Atlanta-Griffin Macon corridor; and

 

WHEREAS, Spalding County has developed a comprehensive plan in accordance with the State of Georgia policies; and the County desires to plan its transportation infrastructure in accordance with this plan; and

 

WHEREAS, Spalding County desires to support the vitality of its existing population and commercial centers while furthering new economic and residential growth; and

 

WHEREAS, Spalding County supports the availability of this resource to its citizens at the earliest feasible time.

 

NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of Spalding County that the Board endorses the utilization of existing rail corridors and right-of-way, to the fullest extent possible, for passenger rail service in Spalding County.

 

BT IT FURTHER RESOLVED, that a copy of this resolution be transmitted to the Program Management Team for the Georgia Rail Passenger Program.

 

5. Authorize Griffin-Spalding Area Transportation Committee to issue Request for Proposal and recommend transportation consultant to develop a Twenty-Five Year Commuter Rail Plan for Griffin and Spalding County.  Commissioner Martha McDaniel, who is Chairman of the Area Transportation Committee, stated that this was going to happen in 2003 not 2005.  The cost of the request for proposal has been offered for someone to write this up for us free and if that does not materialize the City and County will each pay half the cost. 

 

 Motion made by Commissioner Childres to empower the Griffin-Spalding Area Transportation Committee to conduct a study with the City and County jointly funding the state and empowering the Committee also to utilize the services of Georgia Rail Passenger Authority and Georgia Rail Passenger Program.  Commissioner Martha McDaniel seconded the motion and motion was unanimously approved by a vote of 5-0.

 

6.  Consider recommendations from the Parks and Recreation Advisory Commission.  There were two (2) recommendations from the Commission.  They are as follows:

 

(1)      To approve bid from Peter Hand Associates for design of the Wyomia Tyus Olympic Park in the amount of $316,800 which came in within budget.  Reference Contract #2000-02-07(A).

 

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres unanimous approval was given to approve bid of Peter Hand Associates.

 

(2)      To recommend to the Spalding County Board of Commissioners that a request for funds be made to the Georgia Department of Community Affairs for a $150,000 grant to fund the rebuilding of Volunteer Park.

 

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres permission to apply for grant and work with McIntosh Trail was approved unanimously by a vote of 5-0.

 

7.  Consider letting irrigation bid for Wyomia Tyus Olympic Park.  This is an irrigation system with sodding and sprigging for the five (5) baseball fields at WTOP.  Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Johnie McDaniel letting of bid was unanimously approved by  a

vote of 5-0.

 

8.  Consider report relative to cost of City Park Gym improvements.  It was noted that the City of Griffin had just notified the County that the City Building Inspector would be inspecting this project and would be requiring a detailed plan.  The project is to try to increase the seating capacity at City Park Gym. 

 

Motion made by Commissioner Martha McDaniel to have plans drawn to include all the improvements recommended finding out the cost of the project.  Commissioner Childres seconded the motion and motion was unanimously approved by a vote of 5-0.

 

9.  Consider approval of February 21, 2000 5:45 PM Public Hearing relative to Local Law Enforcement Block Grant Program.  Upon motion by Commissioner Kendall, seconded by Commissioner Martha McDaniel approval date of Public Hearing was unanimously approved by a vote of 5-0.

 

10. Authorize HDR/WL Jorden to do design for emergency replacement of Poplar Street culvert.  Deputy County Manager Wilson stated that this was a double line culvert located between Poplar Pointe and Highway 16 and the culvert was not put in with reinforced steel.  He said that Public Works Department had to close the road two (2) weeks ago where this culvert is.  He said this would be a drainage structure and could be covered under the SPLOST. 

 

Motion made by Commissioner Martha McDaniel to authorize HDR/WL Jorden to design emergency replacement on Poplar Street culvert.  Commissioner Childres seconded the motion and motion was unanimously approved by a vote of 5-0.

 

11. Consider recommendation from HDR/WL Jorden to authorize solicitation of bids for the construction of Hosannah Road and Gay Road.  County Manager Ruffin stated that for Hosannah Road, negotiations for the needed right of way have fallen through and meets the criteria but we are going to have to condemn getting what is remaining.  For Gay Road we have obtained right of way on all parcels.

 

Upon motion by Commissioner Kendall, seconded by Commissioner Massengale authorization for solicitation of bids was unanimously approved by a vote of 5-0.

 

12. Consider recommendation from HDR/WL Jorden to remove Leianne Drive and Helms Street from active project list due to lack of a required right of way and to proceed with condemnation on Phase I of Elder Road. 

 

Mr. Roland Hinners stated that there are 19 parcels on Leianne Drive and 17 of them have signed and it does not meet the 95% criteria.  The people with two (2) parcels have refused to sign, which is 10%.  On Helms Street there are ten (10) parcels and only five (5) have signed.

 

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Massengale and unanimously approved by a vote of 5-0, Leianne Drive and Helms Street were removed from the active project list.

 

Mr. Hinners stated that on Elder Road Phase I the 95% criteria had been met but would need to condemn two (2) parcels.  Motion made by Commissioner Massengale to proceed with the condemnation of the two (2) parcels.  Commissioner Childres seconded the motion and motion was unanimously approved by a vote of 5-0.

 

13.  Consider bid award for new Correctional Institution.  County Manager Ruffin recommended the low bid of Hollis & Spann, Inc. of Dothan, Alabama in the amount of $5,850,000.  The amount budgeted was $6,390,000.  Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres low bid of Hollis & Spann was unanimously approved by a vote of 5-0.  Reference Contract #2000-02-07(B).

 

14.  Consider request from State Court Judge.  The request is to hire a Senior Judge to try a combination of both civil and criminal cases in which he has a conflict during the March term.  Motion by Commissioner Martha McDaniel to hire a Senior Judge to hear these cases during the March term of State Court.  Commissioner Childres seconded the motion and motion was unanimously approved by a vote of 5-0.

 

15. Consider payment of legal fees to represent County Manager at deposition in litigation pertaining to Civil Action No. 98-V-679.   Motion made by Commissioner Martha McDaniel to pay no more than $300 for this deposition.  Commissioner Childres seconded the motion and motion was unanimously approved by a vote of 5-0.

 

16. Consider request from City of Griffin Solid Waste Department to purchase used compactor and container that is no longer in use by the County.  Motion made by Commissioner Childres to authorize staff to sell used compactor in the amount of approximately $3,000.  Commissioner Martha McDaniel seconded the motion and motion was unanimously approved by a vote of 5-0.

 

17. Consider purchase of chipper for Public Works Department.  Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres purchase of chipper from the Public Works current budget in the amount of $25,750 was approved by a unanimous vote of 5-0.

 

 18.Consider approval at first reading an amendment to the Spalding County Code clarifying the definition of junked motor vehicles.  Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Massengale amendment on first reading was unanimously approved by a vote of 5-0.  The Ordinance will be incorporated into the minutes on second and final reading. 

 

      19. Consider approval of a Resolution authorizing reimbursement for future SPLOST proceeds associated with the Hatchett Property acquisition.  Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Kendall the following Resolution was unanimously approved by a vote of 5-0.

 

            RESOLUTION

 

            WHEREAS, Spalding County, Georgia (the “County”) intends to pay for certain capital costs incurred in connection with the acquisition, construction and equipping of administrative offices (the “Project”; and

 

            WHEREAS, all or a portion of the costs of the Project will be financed with the proceeds of tax-exempt obligations (the “Bonds”) to be issued by the County; and

 

            WHEREAS, prior to the issuance of the Bonds, the County may pay for all or a portion of the costs of the Project; and

 

            WHEREAS, the County may reimburse itself with Bond proceeds for the costs of the Project paid by it prior to the issuance of the Bonds; and

 

            NOW, THEREEFORE, be it resolved by the Board of Commissioners of the County, and it is hereby resolved by the same, as follows:

 

            1.  The County reasonably expects to reimburse itself with Bond proceeds for the costs of the Project paid by it prior to the issuance of the Bonds.

 

2.  The maximum principal amount of debt which the County presently expects to be issued relating to the Project is currently estimated to be $2,500,000.

 

20. Consider letter from Department of Revenue relative to assessment of Atlanta Gas Light properties.  County Attorney Fortune stated that Atlanta Gas Light originally filed a return that contained what the company later determined were out-of-state inventories of gas that should not have been included and they are requesting a refund from Spalding County.  The Department of Revenue does not believe that Atlanta Gas is entitled to the refund under Code §48-5-380 on the ground asserted. Motion made by Commissioner Martha McDaniel to authorize County Attorney Fortune to write letter to Atlanta Gas Light Company denying their request and send copy of letter of January 6, 2000.  Commissioner Childres seconded the motion and motion was unanimously approved by a vote of 5-0.

 

21. Commissioner Childres desires to discuss a traffic signal at SR362/Rover-Zetella Road intersection.  Mr. Childres stated that there had been a death at this intersection three (3) weeks ago.  He said the longer we wait the more at risk our citizens are.  Mr. Childres asked that we proceed with official request for DOT study, safety study of both the Sheriff’s Department and Department of Safety and consider redesign as appropriate based on these recommendations and he placed this in the form of a motion.  Commissioner Martha McDaniel seconded his motion and motion was unanimously approved by a vote of 5-0.

 

 22. Commissioner Martha McDaniel has a report regarding a January 6th meeting with DOT Commissioner Wayne Shackelford.  Ms. McDaniel gave a report of the Cowan Road project.  She said that Commissioner Shackelford said it was not prudent to three-lane Cowan Road because the road crowns and there is already out there several ingress and egress lanes that are involved.  We agreed with him.  Mr. Shackelford’s suggestion was to work with DOT engineers and try to make this as safe as possible using accel, decel lanes for all the subdivisions, the school system and the entire project.  He did approve a left turn lane and traffic light at Highway 92 and Cowan Road, which will proceed quickly in time for the new school opening.  Ms. McDaniel made the public aware that the Highway 92 project, bids came in too high and it will have to be rebid in March.  She said that we also received some LARP money but how much will depend on the legislature’s funding.  The Governor has cut the program from $28 Million to $16 Million.

 

XI.              REPORT OF COUNTY MANAGER

 

County Manager Ruffin stated that the local bill deadline is nearing and made them aware that the property tax exemption issue will be on the February 21, 2000 Agenda for disposal.

 

County Manager Ruffin stated that a matter has just arisen regarding potential litigation and the Board will need to amend the Agenda to go into a Closed Meeting. 

 

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the Agenda was amended to go into Closed Session after the Report of Commissioners.

 

XII.         REPORT OF COMMISSIONERS

 

Commissioner Massengale had no comments.

 

Commissioner Johnie McDaniel stated that he had received several phone calls from people who are representing smaller churches in our area and are looking toward an expansion of their facilities and according to our zoning ordinance this comes under non-conforming use and requires approval of a Special Exception with pretty stiff requirements.  He asked staff to work with Ms. Moon to look in some relief for churches, who are preparing to expand. It was noted that this would have to go back to the Planning Commission for a recommendation.

 

Commissioner Martha McDaniel had no comments.

 

Commissioner Childres stated that he had concerns regarding where School Road intersects with David Elder Road.  There was a death out there last week where the lady just went straight right into the trees.  He asked the Commission to ask county staff to investigate this intersection and make suggestion what can be done at this intersection.

 

Commissioner Kendall gave a report regarding the meeting of the Joint Sewer Task Force.  He said the project is moving along rather rapidly.  He said they were going to try to have the Wastewater Management Agreement in detail back before the City and County Commissions for a vote before the end of April and have it signed off on by both boards.

 

Mr. Allan McCallum asked if he could make a brief comment, which the Chairman allowed.  He asked if Commissioner Martha McDaniel would take his report on the Highway 362/Rover-Zetella/Moreland Road intersection to Commissioner Shackelford and present it to the DOT.  She said that she would be happy to do so.

 

XIII.      CLOSED MEETING

 

Upon motion by Commissioner Johnie McDaniel, seconded by Commissioner Massengale the Board went into Executive Session to discuss pending litigation.

 

Those present were Commissioners Michael Kendall, Earle Childres, Martha McDaniel, Johnie McDaniel, Merrill Massengale, 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 February 7, 2000.

 

2.

During such meeting, the Board voted to go into closed session.

 

3.

The executive session was called to order at  9:02 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)__________;

 

No  Discussion of the future acquisition of real estate as provided by O.C.G.A. § 50-14-3(4);

 

No  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 7th day of  February  2000.

 

                                   

Chairman

Spalding County Board of Commissioners

Sworn to and subscribed

Before me this 7th day of

February ,2000.

                                   

Notary Public

My commission expires: March 18, 2002

 

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the Board came out of Closed Session and went back into Open Session.

 

No business was transacted at this time.

 

XIV.       ADJOURNMENT

 

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Johnie McDaniel the meeting was unanimously adjourned.

 

                                                                                                                                                                      

County Clerk/County Manager                                       Chairman

 

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