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.

Agenda Topics

 

            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.

 

BE IT FURTHER RESOLVED that a copy of this Proclamation is to be spread in the minutes of the proceedings of this Board to memorialize this occasion and express our appreciation on behalf of the citizens of Spalding County.

 

V.           CITIZENS COMMENTS – n/a

 

VI.        PUBLIC COMMENT

 

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 .

 

VII.     MINUTES

 

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:

 

APPLICATION OF SCOTT SHEFFIELD

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.

 

3.  Consider recommendation from the Spalding County Board of Health for appointment to the Community Service Board for Mental Health, Mental Retardation and Substance Abuse.  The recommendation from the Board of Health was Mr. Ancil R. Baird.  Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres recommended appointment was unanimously approved by a vote of 5-0.

 

X.           NEW BUSINESS

 

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.

 

XI.        REPORT OF COUNTY MANAGER

 

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