PUBLIC HEARING
A
public hearing was held by the Spalding County Board of Commissioners in their
office in the Courthouse Annex, Monday, February 21, 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.
Commissioner
Kendall called the meeting to order.
The
purpose of the public hearing was to hear public comment regarding the Local
Law Enforcement Block Grant from the federal government and the expenditure of
these funds.
Major
Jimmy Jordan was present to answer any questions anyone might have and to
address the grant. He said that the
funds available for this LLEBG is $67,462, which is a 50-50 split with the City
of Griffin and the money would be used for adding to the computer system at the
Sheriff’s Department.
Mr.
Dwight Bollin gave his address as 45 East Lake Circle and spoke against the
county using federal money. He asked
where in the Constitution of the United States does it allow this county to
ride over the state legislators in order to receive the grant and how many of
our 1st, 2nd, 4th and 5th Amendment
rights will be relinquished in order for the county to get this little sum of
money. He said there is always a string
attached when receiving money. Major
Jordan answered Mr. Bollin’s questions by stating that this money does not come
through the State at all. Mr. Bollin stated
that the Federal Government couldn’t make a direct grant to a county. He said it has to be funneled down through
the State Legislature. He said if the
county accepts this grant, he thinks we will see law enforcement working in
collusion with the military on these administrative checkpoints. He suggested that the county turn the grant
down.
Mr.
Allan McCallum gave his address as 2831 Williamson Road and stated that he was
glad to see some of his federal tax dollars come home, take it and spend it wisely.
There
being no further comments Chairman Kendall adjourned the meeting at 6:10 p.m.
County
Clerk/County Manager Chairman
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EXTRAORDINARY SESSION
The
Board of Commissioners of Spalding County, Georgia, held their extraordinary
session on Monday, February 21, 2000 in their office in the Courthouse Annex in
the City of Griffin, Spalding County, Georgia, beginning at 6:10 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.
I. OPENING
(CALL TO ORDER) – Chairman Kendall
II. INVOCATION
- Rev. Randy Valimont – County Manager Mike Ruffin led the invocation in the
absence of Rev. Valimont
III. PLEDGE TO FLAG – Led by
County Manager Ruffin
IV.
PRESENTATIONS/PROCLAMATIONS/RECOGNITION
1.
Consider
approval of a Proclamation “Nunc Pro Tunc” Honoring the Retirement of Mrs.
Betty Ann Howard. Upon motion by
Commissioner Kendall, seconded by Commissioner Childres the following
Proclamation was approved by a vote of 4-0-1 (Commissioner Martha McDaniel out
of room at time of vote).
Proclamation
“Honoring the
Retirement of Mrs. Betty Ann Howard”
WHEREAS, A reception was held for Mrs. Betty
Howard on February 4, 2000 at the Spalding County Public Library to honor her
for her service to Spalding County; and
WHEREAS, Mrs.
Howard retired from the Spalding County Health Department on February 1, 2000
culminating 20 years of service as Health Department employee; and
WHEREAS, Mrs.
Howard also served the citizens of the State of Georgia for almost seven years
in several other capacities, a career that began in 1959; and
WHEREAS, Mrs. Howard has shown all of us that
family doesn’t have to suffer at the expense of one’s job and is a devoted wife
to her husband, Ronnie, a loving mother to two children, Susan and Ronnie, and
the proud grandmother of six grandchildren.
NOW, THEREFORE, BE IT
RESOLVED by the Board of
Commissioners of Spalding County that February 4, 2000 is hereby proclaimed as
“BETTY ANN HOWARD DAY”
in
Spalding County in grateful recognition of her service to the citizens of
Spalding County.
Mr. Robert R. Jimmerson gave his address as 635 School Road and addressed the Board regarding the School Road/Elder Road intersection. He said that a lot of the accidents at this intersection are not reported and the community does not know how dangerous it is at this intersection. He said that he had read in the paper where the Sheriff’s Department stated they felt like the speed sign was sufficient, but said that it is not and we need to put a three-way stop up there badly. He said that there have been several incidents happen at his property and this intersection is really dangerous. He requested that the Board put up a three-way stop sign .
1. Consider approval of the minutes for the Special Called Meeting
of February 3, 2000 and meetings of February 7, 2000. Upon motion by Commissioner Childres, seconded by Commissioner
Johnie McDaniel minutes were unanimously approved by a vote of 5-0.
VIII. CONSENT AGENDA
Chairman Kendall asked that the items on
the Consent Agenda be voted on separately.
1.
Consider
approval at second reading of Amendment to the Official Zoning Ordinance and
Official Zoning Map of the following:
Rezoning Application #99-31Z:
James H. and Lynn A. Mock, Owner, Williamson Road, 4.87 acres, C-2 to
C-1A. Upon motion by Commissioner
Martha McDaniel, seconded by Commissioner Childres Application #99-31Z
was unanimously approved by a vote of 5-0.
IN RE:
APPLICATION OF JOHNNY B. MOSTILER AND JAMES H. AND LYNN
A. MOCK,
FOR REZONING CERTAIN PROPERTY
LOCATED WITHIN SPALDING COUNTY,
GEORGIA;
REZONING APPLICATION 99-31Z
RESOLUTION
AMENDING
THE ZONING
ORDINANCE OF SPALDING COUNTY, GEORGIA
AND
THE OFFICIAL
ZONING MAP 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,
under the Zoning Ordinance of Spalding County, Georgia and the Official Zoning
Map of Spalding County, Georgia the within described property is currently
classified under the zoning classification entitled “C-2, Manufacturing;”
WHEREAS,
Johnny B. Mostiler and James H. and Lynn A. Mock, applicants, applied for a
change in zoning classification to be applied to the within described property
to “C-1A, Neighborhood Commercial;”
WHEREAS,
such application was filed with Spalding County, Georgia on October 22, 1999;
WHEREAS,
such application was reviewed by the Spalding County Planning Commission, and a
hearing on the application was conducted by the Board of Commissioners of
Spalding County, Georgia on January 27, 2000 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
and the Official Zoning Map of Spalding County, Georgia shall be and are hereby
amended as follows:
Section 1: The Zoning Ordinance of Spalding County, Georgia and the Official Zoning Map of Spalding County, Georgia designating the boundaries of the several types or classes of zoning districts shall be, and is hereby amended so as to change the zoning classification applicable to the following described property:
All that lot, tract or parcel of land situate, lying and being in Land Lots 84 and 85 of the Second Land District of originally Monroe, now Spalding County, Georgia, being more particularly shown and designated on a plat of survey as “TRACT 2 AREA: 4.81 ACRES” said plat is entitled “Property Survey for Thomas E. Harper Estate”, by Kenneth E. Presley Associates, Inc., dated May 9, 1979, a copy of which said plat is recorded in Plat Book 13, page 6, Spalding Superior Court records. Said plat, together with the metes, bounds, courses and distance as shown thereon, is hereby incorporated herein and by reference thereto is made a part of this description.
From said plat of survey, said property may be more particularly described as follows: Beginning at an iron pin located on the north margin of Williamson Road which said iron pin lies 600.01 feet east along the north margin of Williamson Road from the intersection of the north margin of Williamson Road with the west boundary of Land lot 85; thence north 2 degrees 08 minutes 32 seconds east a distance of 623.66 feet to an iron pin; thence, south 89 degrees 49 minutes 55 seconds east a distance of 380.10 feet to an iron pin; thence, south 2 degrees 23 minutes 06 seconds west a distance of 484.91 feet to an iron pin located on the north margin of Williamson Road; thence, south 70 degrees 14 minutes 48 seconds west along the north margin of Williamson Road a distance of 407.20 feet to the iron pin which marks the POINT OF BEGINNING of the tract herein conveyed.
Said tract, as shown on said plat, is bounded now or formerly as follows: North by Tract 3, East by Tract 5, South by Williamson Road, and West by Tract 1.
From “C-2, Manufacturing” District to “C-1A, Neighborhood Commercial” District.
Section 2: (a) Pursuant to the requirements of the Zoning Ordinance of Spalding County, Georgia, section 2302 (B), the Official Zoning Map of Spalding County, Georgia shall be amended to reflect the change made hereby to read as follows:
On February 21, 2000, by official action of the Board of Commissioners of Spalding County, Georgia the following change was made in the Official Zoning Map, Spalding County: All those tracts or parcels of land situate lying and being in Land Lots 84 and 85 of the 2nd Land District of original Henry, now Spalding County, Georgia, consisting of approximately 4.81± acres, zoned C-1A.
(b) The Chairman of the Board of Commissioners of Spalding County, Georgia is directed and authorized to execute such notice of the amendment of the Official Zoning Map of Spalding County, Georgia.
(c) The Zoning Administrator is authorized and directed to enter such notice of the amendment of the Official Zoning Map of Spalding County, GA thereon.
Section 3: The foregoing amendment of the Zoning Ordinance of Spalding County, Georgia shall become effective immediately upon adoption of this resolution.
Section 4: All Ordinances or resolutions in conflict herewith shall be and are hereby repealed.
Rezoning Application #99-33Z:
Scott Sheffield, Owner, New Salem Road, 40 acres, AR-1 to R-4. Upon motion by Commissioner Childres,
seconded by Commissioner Martha McDaniel Application #99-33Z was
unanimously approved by a vote of 5-0.
IN RE:
FOR REZONING CERTAIN PROPERTY
LOCATED WITHIN SPALDING COUNTY,
GEORGIA;
REZONING APPLICATION 99-33Z
RESOLUTION
AMENDING
THE ZONING
ORDINANCE OF SPALDING COUNTY, GEORGIA
AND
THE OFFICIAL
ZONING MAP 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,
under the Zoning Ordinance of Spalding County, Georgia and the Official Zoning
Map of Spalding County, Georgia the within described property is currently
classified under the zoning classification entitled “AR-1, Agricultural and
Residential;”
WHEREAS, Scott Sheffield, applicant, applied for a change in zoning classification to be applied
to the within described property to “R-4, Single Family Residential;”
WHEREAS,
such application was filed with Spalding County, Georgia on November 19, 1999;
WHEREAS,
such application was reviewed by the Spalding County Planning Commission, and a
hearing on the application was conducted by the Board of Commissioners of
Spalding County, Georgia on January 27, 2000 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
and the Official Zoning Map of Spalding County, Georgia shall be and are hereby
amended as follows:
Section 1: The Zoning Ordinance of Spalding County, Georgia and the Official Zoning Map of Spalding County, Georgia designating the boundaries of the several types or classes of zoning districts shall be, and is hereby amended so as to change the zoning classification applicable to the following described property:
All that lot, tract or parcel of land situate, lying and being in Land Lot 84 of the 4th Land District of originally Henry, now Spalding County, Georgia, being shown on a plat of survey prepared by Bernhard, Harper & Associates entitled “PROPERTY SURVEY FOR SCOTT A. SHEFFIELD” dated August 6, 1999 containing 40.00 acres and may be more particularly described as follows:
TO FIND THE TRUE POINT OF BEGINNING commence at the north boundary line of Land Lot 84 thence running South 09°01’11” East a distance of 1290.17’ to a ½” rebar located on the northeast right-of-way of New Salem Road which marks the TRUE POINT OF BEGINNING; thence North 60°11’56” East a distance of 392.69’ to a ½” rebar; thence North 48°18’29” East a distance of 1324.87’ to a ½” rebar; thence South 17°06’33” East a distance of 1746.98’ to a spindle; thence South 87°41’07” West a distance of 999.60’ to a ½” rebar; thence North 28°47’08” West a distance of 200.00’ to a ½” rebar; thence South 87°27’52” West a distance of 484.87’ to a ½” rebar located on the northeast right-of-way of New Salem Road; thence continuing along said right-of-way North 28°52’07” West a distance of 547.93’ to a ½” rebar and POINT OF BEGINNING.
From “AR-1, Agricultural and Residential” to “R-4, Single Family Residential” District.
Section 2: Pursuant to the authority granted to it by virtue of the Zoning Ordinance of Spalding County, Georgia, Section 414 (L) and upon a determination by the Board of Commissioners of Spalding County, Georgia that application of certain conditions on the amendment benefit the public and promote the best interests of the general welfare of the people, the following conditions shall be imposed upon the amendment to the Zoning Ordinance of Spalding County, Georgia and the Official Zoning Map of Spalding County, Georgia, as follows:
a. Division and residential development of the property is limited to 4 parcels with 1 dwelling on each parcel for a total of 4 dwellings.
Section 3:
(a) Pursuant to the requirements of the Zoning Ordinance of Spalding County, Georgia, section 2302 (B), the Official Zoning Map of Spalding County, Georgia shall be amended to reflect the change made hereby to read as follows:
On February 21, 2000, by official action of the Board of Commissioners of Spalding County, Georgia the following change was made in the Official Zoning Map, Spalding County: All those tracts or parcels of land situate lying and being in Land Lot 84 of the Fourth Land District of originally Henry, now Spalding County, Georgia, consisting of approximately 40.0 acres, zoned R-4, Conditional.
(b) The Chairman of the Board of Commissioners of Spalding County, Georgia is directed and authorized to execute such notice of the amendment of the Official Zoning Map of Spalding County, Georgia.
(c) The Zoning Administrator is authorized and directed to enter such notice of the amendment of the Official Zoning Map of Spalding County, GA thereon.
Section 4: The foregoing amendment of the Zoning Ordinance of Spalding County, Georgia shall become effective immediately upon adoption of this resolution.
Section 5: All Ordinances or resolutions in conflict herewith shall be and are hereby repealed.
Rezoning Application #99-34Z:
Flint River Baptist Association, Inc., Owner, Baptist Camp Road, 12.529
acres, R-1 to AR-1. Upon motion by
Commissioner Martha McDaniel, seconded by Commissioner Johnie McDaniel Application
#99-34Z was unanimously approved by a vote of 5-0.
IN RE:
APPLICATION OF FLINT RIVER BAPTIST ASSOCIATION, INC.,
FOR REZONING CERTAIN PROPERTY
LOCATED WITHIN SPALDING COUNTY,
GEORGIA;
REZONING APPLICATION 99-34Z
RESOLUTION
AMENDING
THE ZONING
ORDINANCE OF SPALDING COUNTY, GEORGIA
AND
THE OFFICIAL
ZONING MAP 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,
under the Zoning Ordinance of Spalding County, Georgia and the Official Zoning
Map of Spalding County, Georgia the within described property is currently
classified under the zoning classification entitled “R-1, Single Family
Residential, Low Density;”
WHEREAS,
Flint River Baptist Association, Inc., applicant, applied for a change in
zoning classification to be applied to the within described property to “AR-1,
Agricultural and Residential;”
WHEREAS,
such application was filed with Spalding County, Georgia on November 22, 1999;
WHEREAS,
such application was reviewed by the Spalding County Planning Commission, and a
hearing on the application was conducted by the Board of Commissioners of
Spalding County, Georgia on January 27, 2000 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
and the Official Zoning Map of Spalding County, Georgia shall be and are hereby
amended as follows:
Section 1: The Zoning Ordinance of Spalding County, Georgia and the Official Zoning Map of Spalding County, Georgia designating the boundaries of the several types or classes of zoning districts shall be, and is hereby amended so as to change the zoning classification applicable to the following described property:
All that tract, lot or parcel of land situate, lying and being in Land lot 121 of the 3rd Land District of originally Henry, now Spalding County, Georgia, being designated as Tract “B” in Lucy Ann Mitchell Subdivision as shown on a plat of survey prepared by Presley, Bernhard, Harper & Associates entitled “PROPERTY SURVEY FOR FLINT RIVER BAPTIST ASSOCIATION, INC.” dated November 11, 1997 containing 12.529 acres and may be more particularly described as follows:
TO FIND THE TRUE POINT OF BEGINNING commence at the intersection of the east boundary of Land lot 121 of the south right-of-way of Baptist Camp Road thence running in a westerly direction along said right-of-way a distance of 1127.6’ to a ½” re-bar and True Point of Beginning; Thence South 06°01’22” East a distance of 374.52’ to a ¾” Pipe; Thence South 02°29’26” East a distance of 582.39’ to a ½” re-bar; Thence North 89°46’20” West a distance of 578.05’ to a ½” re-bar; Thence North 02°29’26” West a distance of 950.03’ to a ¾” Pipe located on the south right-of-way of said Baptist Camp Road; thence continuing along said right-of-way North 89°42’16” East a distance of 554.73’ to a ½” re-bar and POINT OF BEGINNING.
From “R-1, Single-Family Residential Low Density” District to “AR-1, Agricultural and Residential” District.
Section 2: (a) Pursuant to the requirements of the Zoning Ordinance of Spalding County, Georgia, section 2302 (B), the Official Zoning Map of Spalding County, Georgia shall be amended to reflect the change made hereby to read as follows:
On February 21, 2000, by official action of the Board of Commissioners of Spalding County, Georgia the following change was made in the Official Zoning Map, Spalding County: All those tracts or parcels of land situate lying and being in Land Lot 121 of the 3rd Land District of original Henry, now Spalding County, Georgia, consisting of approximately 12.529± acres, zoned AR-1.
(b) The Chairman of the Board of Commissioners of Spalding County, Georgia is directed and authorized to execute such notice of the amendment of the Official Zoning Map of Spalding County, Georgia.
(c) The Zoning Administrator is authorized and directed to enter such notice of the amendment of the Official Zoning Map of Spalding County, GA thereon.
Section 3: The foregoing amendment of the Zoning Ordinance of Spalding County, Georgia shall become effective immediately upon adoption of this resolution.
Section 4: All Ordinances or resolutions in conflict herewith shall be and are hereby repealed.
Rezoning Application #99-37AZ:
Alan M. Reeves, Owner, N. Expressway, 0.17 acre, C-1 to C-1B. Upon motion by Commissioner Martha
McDaniel, seconded by Commissioner Johnie McDaniel Application #99-37AZ
was unanimously approved by a vote of 5-0.
IN RE:
APPLICATION OF ALAN M. REEVES
FOR REZONING CERTAIN PROPERTY
LOCATED WITHIN SPALDING COUNTY,
GEORGIA;
REZONING APPLICATION 99-37AZ
RESOLUTION
AMENDING
THE ZONING
ORDINANCE OF SPALDING COUNTY, GEORGIA
AND
THE OFFICIAL
ZONING MAP 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,
under the Zoning Ordinance of Spalding County, Georgia and the Official Zoning
Map of Spalding County, Georgia the within described property is currently
classified under the zoning classification entitled “C-1, Highway Commercial;”
WHEREAS, Alan M. Reeves, applicant, applied for a change in zoning classification to be applied to the within described property to “C-1B, Heavy Commercial;”
WHEREAS,
such application was filed with Spalding County, Georgia on December 1, 1999;
WHEREAS,
such application was reviewed by the Spalding County Planning Commission, and a
hearing on the application was conducted by the Board of Commissioners of
Spalding County, Georgia on January 27, 2000 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
and the Official Zoning Map of Spalding County, Georgia shall be and are hereby
amended as follows:
Section 1: The Zoning Ordinance of Spalding County, Georgia and the Official Zoning Map of Spalding County, Georgia designating the boundaries of the several types or classes of zoning districts shall be, and is hereby amended so as to change the zoning classification applicable to the following described property:
All those lots, tracts, or parcels of land situate, lying and being in Land Lot 100 of the Third Land District of originally Henry, now Spalding County, Georgia, being more particularly shown and designated as Tract “B”, containing 0.17 acres as shown on a plat of survey entitled, “Property Survey for James W. Goolsby, Jr.”, prepared by Conkle-Lane Associates, Inc., dated November 23, 1977, revised November 14, 1984, recorded in Plat Book 15, page 380, Spalding County Superior Court records, which said plat is incorporated herein and made a part of this legal description.
From “C-1, Highway Commercial” to “C-1B, Heavy Commercial” District.
Section 2:
(a) Pursuant to the requirements of the Zoning Ordinance of Spalding County, Georgia, section 2302 (B), the Official Zoning Map of Spalding County, Georgia shall be amended to reflect the change made hereby to read as follows:
On February 21, 2000, by official action of the Board of Commissioners of Spalding County, Georgia the following change was made in the Official Zoning Map, Spalding County: All that tract or parcel of land situate lying and being in Land Lot 100 of the Third Land District of originally Henry, now Spalding County, Georgia, consisting of approximately 0.17 acres, zoned C-1B.
(b) The Chairman of the Board of Commissioners of Spalding County, Georgia is directed and authorized to execute such notice of the amendment of the Official Zoning Map of Spalding County, Georgia.
(c) The Zoning Administrator is authorized and directed to enter such notice of the amendment of the Official Zoning Map of Spalding County, GA thereon.
Section 3: The foregoing amendment of the Zoning Ordinance of Spalding County, Georgia shall become effective immediately upon adoption of this resolution.
Section 4: All Ordinances or resolutions in conflict herewith shall be and are hereby repealed.
2.
Consider
approval at second reading an amendment to the Spalding County Code clarifying
the definition of junked motor vehicle.
Upon motion by Commissioner Martha McDaniel, seconded by Commissioner
Childres ordinance was unanimously approved by a vote of 5-0. The ordinance is as follows:
ORDINANCE NO. 2000-04
ORDINANCE TO AMEND PART
VII, CHAPTER 2, SECTION 7-2001 OF THE SPALDING COUNTY CODE, JUNKED OR ABANDONED
MOTOR VEHICLES
BE IT RESOLVED AND ORDAINED
BY THE BOARD OF COMMISSIONERS OF SPALDING COUNTY AND IT IS HEREBY RESOLVED AND
ORDAINED:
Section
1. To amend by amending sub-paragraph (c) Junk
motor vehicle by striking same in its entirety and inserting in lieu
thereof a new sub-paragraph (c) to read as follows:
"(c) Junked motor vehicle means a motor vehicle or trailer, including parts thereof, which has been discarded, dismantled, wrecked, scrapped, ruined or junked, including an unserviceable motor vehicle which constitutes a health hazard or unsightly nuisance. Junked motor vehicle shall also mean a motor vehicle, which is not restored to road-worthy condition within fifteen (15) days from the owner or person in possession of same being ordered by the enforcement officer to either restore the motor vehicle to road-worthy condition or remove it in compliance with Section 7-2003 herein.
And a new sub-paragraph (f) to read as follows:
(f) Road-worthy shall mean that the physical condition of the vehicle is such that it can be safely and legally operated on the public roads of the State of Georgia.”
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.
IX.
OLD
BUSINESS
1.
Consider recommendation from Griffin/Spalding Development Authority for
appointment to the Butts-Henry-Lamar-Spalding Joint Development Authority. The recommendation is the appointment of
their Chairman, Daa’ood R. Amin.
Upon motion by Commissioner Martha McDaniel, seconded by Commissioner
Childres the recommended appointment was unanimously approved by a vote of 5-0.
2.
Consider
recommendation from City of Sunnyside for their appointment to the Keep
Griffin/Spalding Beautiful, Inc. The
recommendation is the appointment of Patricia Grant. Upon motion by Commissioner Martha
McDaniel, seconded by Commissioner Childres the recommended appointment was
unanimously approved by a vote of 5-0.
1. Consider approval of
Alcoholic Beverage License for Christopher Hellgeth & Randy Rogers (Rogers
and Hellgeth LLC) d/b/a Carver Package, 1557 Williamson Road, Retail
Sales—Beer, Wine and Liquor—2000 License.
Upon motion by Commissioner Martha McDaniel, seconded by Commissioner
Massengale the license was approved by a vote of 4-1 with Commissioner Johnie
McDaniel voting against the motion.
2. Consider approval of Final Plat: Rosewood Farms: Suburban Home Sales, Inc., Owner-11 lots,
zoned AR-1. Upon motion by
Commissioner Martha McDaniel, seconded by Commissioner Childres Final Plat was
unanimously approved by a vote of 5-0.
3.
Consider
approval of Financial Statements for the Seven Months Ended January 31,
2000. Ms. Jinna Garrison was present to
answer any questions the Board might have.
Ms. Garrison stated that these statements reflect the adjusting journal
entries from the Fiscal 99 audit so the July 1 fund balance is the audited fund
balance. Upon motion by Commissioner
Childres, seconded by Commissioner Johnie McDaniel Financial Statements were
unanimously approved by a vote of 5-0.
4.
Consider
request from Carrie Lee Gordy for waiver of fee from Special Exception Permit.
The fee for the permit is $200. County
Manager Ruffin stated that the problem is there is no legislative authority to
waive the fee. After much discussion
motion was made by Commissioner Martha McDaniel, seconded by Commissioner
Childres and unanimously approved by a vote of 5-0 to deny this request.
5. Request Public Hearing date
for consideration of the establishment of the Walnut Grove Road Street Lighting
District. Motion made by
Commissioner Martha McDaniel to set
public hearing date for Monday,
March 6, 2000 at 5:45 p.m. Commissioner
Massengale seconded the motion and motion was unanimously approved by a vote of
5-0.
6.
Consider
approval of FY 2001 Budget Calendar. Upon
motion by Commissioner Martha McDaniel, seconded by Commissioner Childres FY
2001 Budget Calendar was unanimously approved by a vote of 5-0.
7.
Consider
request from Butts County Board of Commissioners regarding lighting Highway 16,
I-75 Exit. Chairman Kendall stated that
according to the letter from Butts County installation will be done by Department of Transportation and they are
asking Spalding County to participate in the maintenance and power expense,
which would cost approximately $1,000 per month with $500.00 being our
cost. After discussion motion made
by Commissioner Johnie McDaniel to concur that this Board be willing to
participate in principle and details be worked out at a later date. Commissioner Kendall seconded the motion and
motion was unanimously approved by a vote of 5-0.
8.
Consider
approval of request from the City of Sunnyside. The request is to enter into an Intergovernmental Agreement for
Spalding County to administer the ordinances that Sunnyside just recently
adopted. Upon motion by Commissioner
Martha McDaniel, seconded by Commissioner Childres request was unanimously
approved by a vote of 5-0.
9.
Discuss
February 26, 2000 Retreat Agenda.
County Manager Ruffin stated that Mr. Bob Thompson would facilitate both
Saturday retreat dates. After
discussion the agenda for this Saturday’s retreat will be Planning &
Zoning, which consists of Comprehensive Plan, compatibility standards and
zoning classifications, update on parcel specifics and also update on the Joint
Sewer Task Force. The Board asked
County Manager Ruffin to have Zoning Attorney Newton Galloway and County Planner
Nancy Moon present for this retreat.
10.
The
Chairman desires to discuss clarifications to the County’s Emergency Operations
Plan. Mr. Kendall stated he had
discussed the EOP with Kenny West, particularly the part about communications. He said there is nothing in this Plan
written down or specified as to who the Public Information Officer supposes to
be. Also something needs to be added in
the Plan about our airport. He said
that he had talked to Mayor Imes, Kenny West, City Manager Chaffin and County
Manager Ruffin about having the person designated as the City Manager because
of the logistical aspect of where the City Manager is and his access to certain
information in the event of an emergency.
He asked Mr. Imes if he would be willing to suggest to the City
Commissioners to appoint a committee made up on one (1) county commissioner,
one (1) city commissioner, Chief West, Chief Henley, City Manager and County
Manager to work out all these details.
Chairman Kendall asked Commissioner Johnie McDaniel if he would be
willing to represent the County Commission on this committee. Mr. McDaniel agreed to serve on this
committee. Chairman Kendall asked
County Manager Ruffin to send a letter to the City informing them that
Commissioner Johnie McDaniel will be serving on this committee along with Chief
West and the County Manager.
11. Commissioner Childres
desires to discuss safety concerns at School Road/Elder Road Intersection. He had asked that a study be done on this
intersection and it has been completed. The speed limit on this road is 45 MPH.
The study reported that Captain Beam is going to order increase patrol on
School Road but does not recommend 3-way stop.
Mr. Childres made a motion for the Public Works Department to
increase the number of chevrons at this intersection as soon as possible. Commissioner Martha McDaniel seconded the
motion and motion was unanimously approved by a vote of 5-0.
County
Manager Ruffin stated that there are two (2) items, which need to be discussed
and asked that the Board amend the agenda to discuss Homestead Tax Exemption
and approving an Authorizing Resolution regarding closing on the Hatchett
Property.
Upon
motion by Commissioner Childres, seconded by Commissioner Martha McDaniel the
Agenda was amended by a unanimous vote to discuss these two (2) items.
1. The issue concerning the Homestead Exemption
and any other tax exemption. County
Manager Ruffin stated that the Board had to make some decision if any kind of
legislation is to be introduced this year.
It seems to be the consensus of all boards involved that each
jurisdiction goes its own separate way.
Commissioner Massengale commented that Governor Roy Barnes is in favor
of a $50,000 homestead exemption, which the counties are suppose to be
reimbursed. This will be on a graduation
scale.
Ms.
Sylvia Hollums was present and addressed the Commission. She said that this does not change the state
homestead exemption, which is still at $2,000.
She said that it would require a vote by the people to change the
homestead exemption. She said this
implementation by Governor Barnes will be a credit and counties will be paid
back as long as this money is funded.
She said this $50,000 is based on fair market value and the exemption
will be $20,000.
Commissioner
Martha McDaniel stated that one of the things she is most interested in doing
is increasing the $12,500 limit for elderly exemption and be based on the MSA
which is considered to be very low income.
She said that we have not increased this exemption since 1987 and we are
really behind on the times. This MSA is
based on all resources being less than $19,500 and citizens having to be over
the age of 62. This is for one (1)
person.
Commissioner
Kendall commented that the way we need to fund tax cuts is with budget
cuts. This way you avoid tax
shifting. He said that he is all for
it.
The
Commission concurred that they were not ready to make a decision on these tax
cuts and requested that this be placed on the Commissioners’ second retreat,
which will be held March 25, 2000 to discuss how much the options would cost
and how to fund.
2. Hatchett Property Closing: Mr. Todd Barnes, A. G. Edwards & Sons,
Inc., addressed the Commissioners. He
said that bids were received on Friday, February 18, 2000 for the purchase of
the Installment Sale Agreement which will fund the acquisition of the shopping
center property ultimately intended for use by Spalding County as
administrative office space. At the county’s request the bid package was sent
to First Union National Bank, SunTrust Bank, Wachovia Bank, First National Bank
of Griffin and United Bank of Griffin.
He said that bids were received from First Union and SunTrust. SunTrust bid a rate of 7.92% on a five-year
basis versus First Union’s bid of 8.35%.
He asked the Board to accept the bid from SunTrust on the five-year rate
of 7.92%. He said the way this has been
set up where the loan could be prepaid without any penalty beginning in
December 2001 or any time thereafter.
He said they expect to close on or about March 1. He asked the Board to adopt the Resolution
authorizing them to enter into this Agreement with SunTrust Bank.
Upon
motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the
following Resolution was unanimously approved by a vote of 5-0.
RESOLUTION OF THE BOARD OF COMMISSIONERS
OF SPALDING COUNTY AUTHORIZING, AMONG OTHER
THINGS, THE EXECUTION OF DOCUMENTS RELATING
TO THE ACQUISITION OF A CERTAIN BUILDING
WHEREAS, the Board of Commissioners of Spalding County has heretofore determined that it is in the best interest of Spalding County, Georgia (the “County”) that the County acquire a certain office building that will be converted to County administrative offices (the “Project”); and
WHEREAS, the Project shall be conveyed by the County to Association County Commissioners of Georgia (“ACCG”) pursuant to a Limited Warranty Deed, dated March 1, 2000 (the "Limited Warranty Deed"); and
WHEREAS, the County proposes to purchase the Project from ACCG (the “Seller”) in accordance with an Installment Sale Agreement, dated as of March 1, 2000 (the “Installment Sale Agreement”); and
WHEREAS, the Seller’s interest in the Installment Sale Agreement will be assigned to SunTrust Bank (the “Bank”) pursuant to a Transfer Agreement, dated as of March 1, 2000 (the “Transfer Agreement”), between the Seller, as assignor, and the Bank, as assignee; and