REGULAR MONTHLY MEETING

The Board of Commissioners of Spalding County, Georgia, held their regular monthly meeting on Monday, March 6, 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, Merrill Massengale, Johnie McDaniel and Michael Kendall present. Also present were Deputy County Manager William Wilson, County Attorney Jim Fortune and Executive Secretary Phyllis Doane. Commissioner Martha McDaniel and County Manager Mike Ruffin were absent. They were attending the NACO Conference in Washington, DC.

Agenda Topics

I. OPENING (CALL TO ORDER) – Chairman Kendall

II. INVOCATION - Rev. Randy Valimont

III. PLEDGE TO FLAG – Led by Chairman Kendall

IV. PRESENTATIONS/PROCLAMATIONS/RECOGNITION

1. Consider approval of a Joint City/County Proclamation “Nunc Pro Tunc” proclaiming Sunday, February 20, 2000 as “Reverend Derrick Henderson Day” in Griffin and Spalding County, Georgia.

Upon motion by Commissioner Childres, seconded by Commissioner Johnie McDaniel the following Proclamation was unanimously approved by a vote of 4-0.

Proclamation

“Reverend Derrick Henderson Day”

WHEREAS, The Reverend Derrick Durran Henderson resides at 93 Ollie Street, Atlanta, Georgia; and

WHEREAS, The Reverend Derrick Durran Henderson heard the call of a Higher Power and began preaching in April 1989; and

WHEREAS, The Reverend Derrick Durran Henderson being obedient to the call, was called to pastor at the Morning Star Baptist Church in Newnan, Georgia and a new church was built; and

WHEREAS, The Spirit Trail led Rev. Henderson and his family-wife, Martha and daughter, Victoria-to the Rising Star Missionary Baptist Church in December 1999 and was installed as the church’s pastor on February 20, 2000.

NOW THEREFORE BE IT RESOLVED, by the Board of Commissioners of Spalding County and the Board of Commissioners of the City of Griffin that Sunday, February 20, 2000 is hereby proclaimed as

“REVEREND DERRICK HENDERSON DAY”

in Griffin and Spalding County and that the Rev. Henderson continue in being obedient to the Voice of the Lord, imparting Gospel knowledge and serving the Rising Star Missionary Baptist Church family as well as the community.

This the 20^th day of February 2000.

V. CITIZENS COMMENTS

1. Consider request from Mr. Charles Haygood relative to Rezoning Application #99-45A: JVR Associates, Owner, Brenda Robertson-Short, Agent, Teamon Road, 196.74 acres, AR-1 to AR-2.

Chairman Kendall stated that this item has been removed from the Agenda.

VI. PUBLIC COMMENT

1. Mr. Tom Dean gave his address as 1250 Teamon Road. He had comments regarding the re-opening of Cherokee Rose and stated he had heard a liquor license had been issued for this facility on Baptist Campground Road. He had been told in Planning & Zoning Department that he could file an appeal to the issuance of a license and the cost would be $150. He said that he filed the appeal and called today to find out the status and was informed that he had been mailed last week a letter stating that he could not file an appeal. He did not receive the notification. He wanted to know what could he do. He said that since the closing of Cherokee Rose, which was a shooting range, over five (5) years ago, the population has doubled out in this area. He said there was five (5) churches out there now and they as well as the surrounding neighbors will be strongly affected by loud noises. Now they want to open up another shooting range and they will be shooting at our houses.

Chairman Kendall commented to Mr. Dean that he did not think there was anything in the ordinance that prohibited the issuance of an occupation license. County Attorney Fortune commented that there is no provision in the ordinance to block an individual from obtaining a business license. Chairman Kendall commented to Mr. Dean he would not give him any legal advice as to what he could do; however, he could go and talk to an attorney. As far as applying for a alcoholic license, that application will have to come to the Board of Commissioners for approval.

2. Ms. Gail Dean gave her address as 1250 Teamon Road and commented on the re-opening of Cherokee Rose. She said this was noise pollution and she is afraid to go out and even walk in her yard from fear of being shot. She said this type of business is in an inappropriate place as it is a very noisy operation. She said there needs to be protection for the citizens.

3. Mr. Darrell Lee Boaz gave his address as 1596 Rehoboth Church Road. He spoke on the Teamon Road issue and also commented on the errors the Griffin Daily News made by advertising the County Commissioners’ meeting as Tuesday night and that is why there is not very many people present tonight. He stated that the commissioners are not dictators but public servants and the people will rise up against you.

4. Mr. Horace S. Kelley, Jr. gave his address as 153 Dunlap Circle. He spoke on Item #3 under the New Business Section, elderly housing. He said that he had a real problem with waiving fees and also tax abatement and requested that the commissioners not approve the request. He said everybody should pay their fair share of taxes. He also spoke on Item #8 under New Business, holiday. He asked how many county employees involved and how much salary is involved for one days wages. Commissioner Massengale commented that this item will be tabled until further information can be obtained.

5. Mr. Allan McCallum gave his address as 2831 Williamson Road. He stated his objections to waiving fees for any contractor and follow the ordinances. He also spoke his objections on granting another holiday as he feels this is just a bonus.

VII. MINUTES

1. Consider approval of the minutes of the meetings of February 21, 2000. Upon motion by Commissioner Childres, seconded by Commissioner Massengale minutes were unanimously approved by a vote of 4-0.

VIII. CONSENT AGENDA – n/a

IX. OLD BUSINESS

1. Consider approval at second reading of Amendment to the Official Zoning Ordinance and Official Zoning Map of the following:

· Rezoning Application #99-42Z: Diane S. Albea, Owner, 3933 N. Expressway, 0.725 acres, C-1 to C-1B. Upon motion by Commissioner Johnie McDaniel, seconded by Commissioner Massengale Application was unanimously approved by a vote of 4-0.

IN RE:

APPLICATION OF DIANE S. ALBEA

FOR REZONING CERTAIN PROPERTY

LOCATED WITHIN SPALDING COUNTY,

GEORGIA;

REZONING APPLICATION 99-42Z

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, Diane S. Albea, 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 20, 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 February 24, 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 9 of the 3^rd Land District originally Monroe, now Spalding County, Georgia containing 0.725 acres and may be more particularly described as follows:

TO FIND THE TRUE POINT OF BEGINNING commence at the intersection of the south right-of-way of School Road and the west right-of-way of U. S. Route No. 19& 41; thence running in a southerly direction 177.50’ along said right-of-way of U.S. Route No. 19 & 41 to a point and TRUE POINT OF BEGINNING; thence continuing along said right-of-way South 02°32’12” West a distance of 118.29’ to a point; thence North 88°43’35” West a distance of 179.71’ to a point; thence South 78°05’54” West a distance of 122.22’ to a point located on the east right-of-way of Wood Road; thence North 00°43’00” East along said right-of-way of Wood Road a distance of 101.65’ to a point; thence North 86°34’39” East a distance of 129.13’ to a point; thence North 00°02’00” East a distance of 26.57’ to a point; thence North 88°51’49” East a distance of 174.34’ to a point and POINT OF BEGINNING.

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 24, 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 9 of the Third Land District of originally Monroe, now Spalding County, Georgia, consisting of approximately 0.725 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.

· Rezoning Application #99-43Z: St. Georges Wood, Inc., Owner, Old Macon Road, 3.072 acres, C-2 and AR-1 to C-1.

· Rezoning Application #99-44Z: St. Georges Wood, Inc., Owner, Old Macon Road, 0.6927 acres, C-2 and AR-1 to C-1.

Upon motion by Commissioner Johnie McDaniel, seconded by Commissioner Massengale Applications #99-43Z and 99-44Z were unanimously approved by a vote of 4-0.

IN RE:

APPLICATION OF ST. GEORGES WOODS, INC.

FOR REZONING CERTAIN PROPERTY

LOCATED WITHIN SPALDING COUNTY,

GEORGIA;

REZONING APPLICATIONS 99-43Z AND 99-44Z

RESOLUTION AMENDING

THE ZONING ORDINANCE OF SPALDING COUNTY, GEORGIA

AND

THE OFFICIAL ZONING MAP OF SPALDING COUNTY, GEORGIA

WHEREAS, St. Georges Woods, Inc., applicant, applied for a change in zoning classification to be applied to the within described property to “C-1, Highway Commercial;”

WHEREAS, such application was filed with Spalding County, Georgia on December 20, 1999;

99-43Z

All that tract or parcel of land lying and being situated in Land Lots 180, 181, 204, and 205, of the 2^nd Land District, original Monroe now Spalding County, Georgia, containing 3.072 acres and being more particularly described as follows:

Commencing at a point marking the common corner of Land Lots 180, 181, 204, and 205 in said 2^nd Land District said point being the POINT OF REFERENCE; thence south along the east line of Land Lot 181 and the west line of Land Lot 204 a distance of 138’ more or less to an iron pin, said pin being the POINT OF BEGINNING; thence N 32°39’19” W a distance of 78.42’ to an iron pin; thence S 57°36’54” W a distance of 410.38’ to an iron pin on the northeasterly right of way line of Old Highway 41 (Old Macon Road) (50’ R/W); thence along the said northeasterly right of way line of Old Highway 41, N 32°25’14” W a distance of 180.56”’ to an iron pin; thence leaving said northeasterly right of way line of Old Highway 41, N 65°36’10” E a distance of 646.02’ to an iron pin; thence S 41°07’52” E a distance of 384.44’ to an iron pin; thence N 86°07’33” W a distance of 356.36’ to an iron pin and the POINT OF BEGINNING. Said tract or parcel of land being more particularly described by survey for St. George’s Woods dated December 26, 1997 by S. L. Colwell & Associates, Inc.

99-44Z

All that tract or parcel of land lying and being situated in Land Lot 204, 2^nd Land District, original Monroe now Spalding County, Georgia, containing 0.6927 acres and being more particularly described as follows:

From “C-2, Manufacturing” and “AR-1, Agricultural and Residential” to “C-1, Highway Commercial” District.

Section 2:

On February 24, 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 Lots 180, 181, 204, and 205 of the Second Land District of originally Monroe, now Spalding County, Georgia, consisting of approximately 3.7647 acres, zoned C-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.

2. Consider approval at second reading of Amendment to the Official Zoning Ordinance and Official Zoning Map of the following:

· Amendment to UDO-A-99-17: Article 21. S-2 Sensitive Land and Watershed Protection, Section 2103—Add provision for map. Upon motion by Commissioner Childres, seconded by Commissioner Johnie McDaniel UDO-A-99-17 was unanimously approved by a vote of 4-0.

RESOLUTION AMENDING

THE ZONING ORDINANCE OF SPALDING COUNTY, GEORGIA

WHEREAS, the Board of Commissioners of Spalding County has determined that it is in the best interests of the citizens of Spalding County for certain text revisions and amendments to be made to the Zoning Ordinance of Spalding County;

WHEREAS, such text amendments to the Zoning Ordinance of Spalding County were reviewed by the Spalding County Planning Commission, and a hearing on the text amendments to the Zoning Ordinance of Spalding County was conducted by the Board of Commissioners of Spalding County, Georgia on February 24, 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;

NOW THEREFORE, IT SHALL BE AND IS HEREBY RESOLVED by the Board of Commissioners of Spalding County, Georgia, that the Zoning Ordinance of Spalding County, Georgia shall be and is hereby amended as follows:

Section 1: The following provision shall be deleted from the Zoning Ordinance of Spalding County, Article 21 “S-2 Sensitive Land-Watershed Protection:” Section 2103.

Section 2: The following provision shall be added to the Zoning Ordinance of Spalding County to appear in Article 21, “S-2 Sensitive Land-Watershed Protection” District as Section 2103:

Section 2103: Boundaries of S-2 Districts. The S-2 district is delineated on the “S-2 Sensitive Land-Watershed Protection Map,” which is made a part of this Ordinance by reference, and is used to show the boundaries of the S-2 District. The geographic areas included within this District are designated thereon as the Protected head's Creek Watershed and Protected Flint River Watershed.

Section 3: The map attached hereto as Exhibit “A” and incorporated herein by reference as if fully set forth is and shall be hereby adopted as the “S-2 Sensitive Land-Watershed Protection Map” which designates the boundaries for the S-2 zoning district created and identified in Section 2 of this Ordinance. Such map shall be, upon adoption, signed and executed by the Chairman for the Board of Commissioners of Spalding County as such map, effective as of the date of adoption of this Ordinance. This map is the same map entitled: "Recommended Protected Water Supply Watersheds," contained in the Spalding County Comprehensive Plan 1994-2014, Section V, Natural and Historic Resources Element, page V-7, Map V-2.

Section 4: The foregoing amendments to the Zoning Ordinance of Spalding County shall become effective immediately upon adoption of this resolution.

Section 5: All Ordinances or resolutions in conflict herewith shall be and are hereby, repealed.

· Amendment to UDO-A-00-02: Appendix A: Subdivision Ordinance, Section 408:A—Final Plat Submission and Section 410—Recording and Dedication. Upon motion by Commissioner Kendall, seconded by Commissioner Childres UDO-A-00-02 was unanimously approved by a vote of 4-0.

RESOLUTION AMENDING

THE SUBDIVISION ORDINANCE OF SPALDING COUNTY, GEORGIA

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 as Appendix A thereto, the Subdivision Ordinance of Spalding County;

WHEREAS, such text amendments to the Subdivision Ordinance of Spalding County were reviewed by the Spalding County Planning Commission, and a hearing on the text amendments to the Zoning Ordinance of Spalding County was conducted by the Board of Commissioners of Spalding County, Georgia on February 24, 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, it is deemed by the Board of Commissioners of Spalding County, Georgia that an amendment to the Subdivision Ordinance of Spalding County, Georgia conforms with sound comprehensive planning principles and is 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 Subdivision Ordinance of Spalding County, Georgia shall be and is hereby amended as follows:

Section 1: The following provisions of the Subdivision Ordinance of Spalding County, Georgia, shall be deleted: Section 408(A).

Section 2: The following provision shall be added to the Subdivision Ordinance of Spalding County, Georgia, to appear as Section 408(A):

Section 408. Submission and Approval of Final Plat

A. Final Plat Submission: After the Preliminary Plat of the proposed subdivision has been given tentative approval by the Planning Commission, Construction Plans have been approved by the Administrative Officer, and required improvements have been completed (or arrangements therefore approved), the subdivider must, within two (2) years from the date of the Preliminary Plat approval, apply for Final Plat approval. The subdivider must submit to the Board of Commissioners at least fifteen (15) days prior to a regular monthly meeting of the Board at which the subdivider desires action of the Board of Commissioners, the following:

1. A letter requesting review and approval of a Final Plat and giving the name address of the person to be notified of the action on the Final Plat.

2. Twelve (12) paper copies of the Final Plat and other documents as may be specified, and the original tracing or reproducible print of the original tracing drawn in permanent ink or equivalent on Mylar, which bears the certificates as required by this section. The scale of the plat must be not less than 100 feet to the inch.

3. Any and all appropriate documents (including but not limited to a deed of transfer) and plans as constructed and request that Spalding County any other applicable authorities to accept dedicated streets, other public spaces and utilities.

Section 3: The following provisions of the Subdivision Ordinance of Spalding County, Georgia, shall be deleted: Section 410(B).

Section 4: The following provision shall be added to the Subdivision Ordinance of Spalding County, Georgia, to appear as Section 410(B):

Section 410: Recording and Dedication.

B. Dedication of Platted Streets, Other Public Spaces and Utilities: Final Plat approval by the Board of Commissioners does not constitute acceptance of any dedications of platted streets, other public spaces and utilities to the public. Dedication may only be accomplished by separate action of the Board of Commissioners upon review of the documents and deeds submitted in accordance with Section 408(A).

Section 5: The foregoing amendments of the Subdivision Ordinance of Spalding County, Georgia shall become effective immediately upon adoption of this resolution.

Section 6: All Ordinances or resolutions in conflict herewith shall be and are hereby, repealed.

3. Consider appointment of Marvin Tackett to Keep Griffin-Spalding Beautiful, Inc. Motion made by Commissioner Massengale, seconded by Commissioner Childres to approve appointment of Marvin Tackett and unanimously approved by a vote of 4-0.

4. Consider approval at second reading an amendment to the Spalding County Code by the addition of Chapter 3 to Part V, Public Utilities. Upon motion by Commissioner Childres, seconded by Commissioner Johnie McDaniel amendment to the Spalding County Code was unanimously approved by a vote of 4-0.

ORDINANCE NO. 2000-03

RESOLUTION AMENDING

THE CODE OF ORDINANCES OF SPALDING COUNTY, GEORGIA

WHEREAS, the Board of Commissioners of Spalding County has determined that it is in the best interests of the citizens of Spalding County for certain amendments to be made to the Code of Ordinances of Spalding County;

WHEREAS, it is deemed by the Board of Commissioners of Spalding County, Georgia that an amendment to the Code of Ordinances 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 Code of Ordinances of Spalding County, Georgia shall be and is hereby amended as follows:

Section 1: The following provision shall be added to the Code of Ordinances of Spalding County to appear in Part V, Chapter 3, entitled: "Chapter 3. Sewage Collection and Disposal" as Sections 5-3001, et. seq., as follows:

Section 5-3001. On-Site Sewage Management Systems, Definitions.

(a). "Conventional System or Conventional Septic Tank System" means any septic tank and conventional on-site sewage disposal system, including a chamber septic tank system, as defined in the Rules of the Georgia Department of Human Resources, Chapter 290-5-26.

(b). "Alternative On-Site Management System" means any approved on-site sewage management system which differs in design or operation from the conventional or chamber septic tank system or privy, specifically including, but not limited to a drip emitter or system.

(c). "Drip Emitter or Emitter System" means any system of on-site sewage management which refers to the treatment of wastewater by irrigation below the land surface or is otherwise designed such that there is no direct discharge of wastewater to the land's surface.

(d). "County Health Department" means the Spalding County Health Department.

(e). "Owner" means any person or entity which has any ownership interest in the real property on which an alternative on-site management system is to be located, and in addition thereto, the term shall include any developer of such real property or any contractor performing construction work thereon for the purpose of initial construction of any improvement located thereon.

(f). "Purchaser" means any person who purchases any real property on which an alternative on-site management system is located.

Section 5-3002. Conventional Septic Tank Systems; Compliance with state rules and regulations

Any conventional system or conventional septic tank system installed in Spalding County shall comply with any and all requirements of the Rules of the Georgia Department of Human Resources, Chapter 290-5-26.

Section 5-3003. Alternative On-Site Management Systems; Minimum criteria for Pressurized subsurface absorption fields utilizing emitters.

(a). Any subsurface system utilizing drip emitters installed in Spalding County shall comply with the provisions of this Section.

(b). Design Criteria.

1. Anaerobic: Septic tank design must meet the criteria established in the Rules of the Georgia Department of Human Resources, Chapter 290-5-26, and it must be designed for forty-eight (48) hours retention time.

2. Aerobic: The drip emitter system shall be preceded by a pretreatment process designed to reduce the wastewater biological oxygen demand (BOD) to a maximum concentration of 25 milligrams per liter (mg/l) and total suspended solids (TSS) concentration to a maximum of 30 mg/l. The aerobic pretreatment process must be reviewed and approved by the County Health Department.

(c). Dosing Tanks

1. The dosing chamber shall meet all requirements of the Rules of the Georgia Department of Human Resources, Chapter 290-5-26, and shall have a minimum capacity equal to the twenty-four (24) hour waste flow from the facility served. The dosing chamber shall be equipped with an audible and visible alarm to indicate a high water level or loss of power to pumps or controls.

2. Timed design shall be utilized to dose the absorption field or zones. Dosing frequency shall be based on the soil's hydraulic loading rate and the design flow, such that the total twenty-four (24) hour wastewater effluent flow is applied in a twenty-four (24) hour period.

3. Each system must be equipped to detect a plus (+) or minus (-) 10% change in flow rate in the disposal field due to clogged filters, force main break, emitter clogs, leaks in field lines and flush valve failure. Each system shall include an audible alarm.

(d). Subsurface Absorption Field

1. All components of the subsurface absorption field shall be reviewed and approved by the County Health Department, subject to the following requirements:

A. The entire absorption field or zone must be dosed equally. The length of any distribution line shall not exceed the manufacturers' specifications to insure equal application of wastewater effluent from each emitter, and no more than a 10% variation in flow is permitted between individual emitters within a separately dosed zone.

B. Check valves or other approved means shall be used in the supply and return manifolds to minimize drainage into the lowest area of the zone when slopes exceed 5%.

C. Emitter lines must be identified with the manufacturer's name and product number. Emitters may be either pressure or non-pressure compensating emitters. Emitter lines and emitters must be warranted by the manufacturer for wastewater application and approved by the County Board of Health.

D. Wastewater effluent must be filtered to manufacturer's specifications to insure proper operation of the distribution system.

E. The filtration system shall be automatically self-cleaning and filter residue and backwash returned to the treatment unit, with provision made to minimize disturbance of any solid settling chamber.

F. Separations between emitter line laterals shall be at least two feet, provided that spacing of a minimum of three feet is required on slopes exceeding 20%.

G. Emitter lines shall be designed and installed following the naturally occurring ground contour, with a maximum allowable variance of plus (+) or minus (-) four inches within any linear one hundred feet segment.

H. Emitter lines shall be installed in the root zone of cover vegetation at a depth of 8 to 12 inches from the original undisturbed ground surface and a minimum of 8 inches from the ground surface.

I. A system for automatic flushing of distribution lines shall be provided according to manufacturer's specifications, or at a minimum on a bi-monthly basis. Velocities must be a minimum of two feet per second at the distal end of each irrigation line or return line during flushing operation.

J. All materials must meet applicable ASTM standards, be chemical resistant and be approved for wastewater usage.

K. Equipment must be adequately protected to prevent freezing.

L. There must be a totally separate drain field replacement area equivalent in size to 100% of the emitter field installed or for a conventional drain field, whichever is larger.

(e). Siting Criteria

1. The minimum horizontal setback shall comply with Rules of the Georgia Department of Human Resources, Chapter 290-5-26-.07(3).

2. Required vertical separation shall be measured from the bottom of the drip tubing or trench bottom, whichever is greater.

A. Anaerobic pretreatment shall require a minimum vertical separation of 24 inches between the bottom of the absorption field and any seasonal groundwater table, rock or impervious soil strata.

B. Aerobic pretreatment shall require minimum vertical separation of 12 inches between the bottom of the absorption field and any seasonal groundwater table, rock or impervious soil strata. Greater vertical separation may be required if the site is hydraulically limited as determined by soil investigation.

(f). Absorption Field Sizing

1. The following table shall be used to determine hydraulic loading rates for subsurface absorption fields utilizing emitters. The design loading rate shall be based on the most hydraulically limiting naturally occurring soil horizon within two (2) feet of the drip line or trench bottom, whichever is greater.

Hydraulic Loading Rates for Fields Utilizing Emitters

Soil Soil Textural Classes Perculation Max.

Group (USDA classification) Rate (min/in) Hydraulic

(gpd/sq.ft.)

Anarobic Aerobic

I. Sands <10 0.4 to 0.3 0.8 to 0.5

(Sand and Loamy Sand)

II. Coarse Loams 10-3 0.3 to 0.15 0.5 to 0.3

(Sandy Loam and Loam)

III. Fine Loams 30-60 0.15 to 0.10 0.3 to 0.15

(Sandy Clay Loams, Silt

Loam, Silty Clay Loam, Silt)

IV. Clays >60 0.1 to 0.04 0.15 to 0.05

2. Maximum Hydraulic Loading rates for anaerobic pretreatment shall be based on a waste stream with a BOD 5 and TSS 200 mg/l or less, and a fats, oil and grease content not to exceed 25 mg/l. Facilities with waste streams exceeding these limits shall not be approved. Facilities using approved aerobic pretreatment shall not have a waste stream that exceeds a fat, oil and grease content of 25 mg/l prior to soil application.

3. The design daily sewage flow shall be divided by the maximum hydraulic loading rate determined by the table above to calculate the number of square feet required for the absorption field. The total square footage of the absorption field shall be divided by two to calculate the minimum linear length of drip emitter line required.

4. There shall be a totally separate area available for 100% replacement of the emitter drain field or a conventional drain field, whichever is larger.

(g). Application Requirements

1. The following information shall be submitted to the County Health Department to obtain a permit for on-site sewage management system utilizing drip emitters:

A. A high intensity soil report, including detail with soil horizons identified and hydraulic loading rates determined for each horizon.

B. Site plan at a scale of 1" = 20 feet, including topography with two feet contour changes and soil types overlaid, house or facility location scaled with driveways, sidewalks, parking and other structures shown; location of utilities, wells, water bodies or courses and easements.

C. The sewage system must be scaled on the site plan, including septic tank or other pretreatment, dripline (wastewater approved), force main, return line, manifolds, location of check valves and air vents.

D. System Design Criteria, including type of pretreatment, sewage flow rate, drain line calculation, pump size (make and model) and pipe sizes identified.

E. Type of emitter tubing (manufacturer and product number, wastewater approved).

F. Systems with a design sewage flow exceeding 2,000 gallons per day shall be designed by a registered engineer.

G. Site plans shall bear the signature of the designer and the following statement: "I certify this sewage systems design meets the minimum design criteria established by the Georgia Department of Human Resources Manual for On-Site Sewage Management Systems.

(h). Operation and Maintenance.

1. A three (3) year initial service policy shall be furnished by the manufacturer or licensed distributor, providing that:

A. All necessary service calls over the three period, including inspections, adjustments, servicing and replacement of mechanical, electrical and other components fall within the warranty. During the three-year period, annual test results of aerobic pretreated effluent shall be submitted to the County Health Department and shall be required to meet approved waste stream limits.

B. Service shall be available within forty-eight (48) hours following a request. The owner and County Health Department shall be notified immediately in writing of any improper operation of the system, which cannot be corrected at the time of the service and the estimated date of correction.

C. A clearly visible, permanently attached label or plate shall be placed at the visual alarm signal giving instructions for obtaining service.

2. A user's manual shall be provided by the manufacturer or licensed distributor to the facility owner.

3. The owner shall be required to fully comply with the maintenance scheduled required by the manufacturer.

4. The owner shall be required to insure that written proof of any maintenance performed on the system be provided to the County Health Department in timely fashion.

5. The owner shall, at the time a building permit is issued for construction of any facility to be served by an emitter system, to sign acknowledgment of receipt of the following notification:

(Document to be Attached to Building Permit)

NOTICE

You have applied for a building permit and have informed the Environmental Health Division of the Spalding County Board of Health that the On-Site Sewerage Management System will be a waste disposal system known as a Drip Emitter System. As you know, a Drip Emitter System differs from a conventional septic tank system and requires regular inspections and maintenance to insure its proper operation. If inspections, maintenance and repairs are not performed on these systems as required by the manufacturer, the Drip Emitter System will fail.

Please be advised also that no certificate of occupancy will be issued by the Building Inspector unless and until this office receives a written representation by the person or company that installed the Drip Emitter System that the system has been installed and is working properly.

The Drip Emitter System makes use of tiny emitter tubes, which disburse the effluent throughout the ground. Please be aware that if these delicate tubings are damaged or cut that the Drip Emitter System will not perform properly. Therefore, the owner of the property should be careful not to dig in that portion of the yard surrounding the residence, which contains the emitter system. Any digging or ground disturbing activities which might sever the emitter tubes should be avoided at all costs.

If this property is sold to a successor in title, it will be necessary that the seller make a full disclosure to the prospective purchaser that this residence is served by a Drip Emitter System. Any successor in title would need to be advised that the system requires continual inspections and maintenance to insure proper performance.

I have read the foregoing and I understand everything contained therein. Furthermore, I acknowledge receipt of a copy of this document.

This ____day of_________,_____.

_____________________________

6. Failure to perform maintenance as required by the manufacturer and/or failure to provide proof of such maintenance to the County Health Department constitutes a violation of this provision and may result in condemnation of the facility.

(i) Certificate of Occupancy.

1. Prior to the issuance of a certificate of occupancy for any improvement located on real property served by an alternative on-site management system, the person or company responsible for the installation of the system shall verify in writing that the alternative on-site management system has been installed in accordance with the manufacturer's specifications and instructions and is working properly.

2. Prior to the issuance of a certificate of occupancy for any improvement located on real property served by an alternative on-site management system, the owner (if different from the owner at the time the building permit issued) and purchaser (if different from the owner) shall sign acknowledgment of receipt of the following notification:

(Document to be Attached to the Certificate of Occupancy)

NOTICE

The Drip Emitter System makes use of tiny emitter tubes which disburse the effluent throughout the ground. Please be aware that if these delicate tubings are damaged or cut that the Drip Emitter System will not perform properly. Therefore, the owner of the property should be careful not to dig in that portion of the yard surrounding the residence which contains the emitter system. Any digging or ground disturbing activities which might sever the emitter tubes should be avoided at all costs.

I have read the foregoing and I understand everything contained therein. Furthermore, I acknowledge receipt of a copy of this document.

This ____day of_________,_____.

_____________________________

3. Prior to the issuance of a Certificate of Occupancy for any improvement located on real property served by an alternative on-site management system, the owner or purchaser shall provide a copy of any deed by which such real property was conveyed which shall contain the following language:

"The improvements located on the real property conveyed herein are served by an alternative on-site sewage management system or drip emitter system which requires continual inspections and maintenance to insure proper performance."

(j). Subsequent inspections.

Upon receipt of request by the County Health Department to inspect an alternative on-site management system, the obligations of the County Health Department shall be satisfied by provision to the owner of the following notice:

(LETTER TO SEND FOR INSPECTIONS OF EXISTING

SEWERAGE DISPOSAL SYSTEMS)

TO WHOM IT MAY CONCERN:

Re:

Pursuant to the request of _________________, this Department was requested to conduct a sewerage disposal system inspection at the above captioned property. The records maintained in this office indicate that the sewerage disposal system is a Drip Emitter System and is not a conventional "septic tank" system. This Department does not have the expertise nor the competence to inspect Drip Emitter Systems and therefore must rely entirely upon the report attached to this letter. This report is from the company that has performed the routine inspections and maintenance of this system.

Our Department has reviewed previous sewerage inspection documentation on file and has no document which would indicate that there has been a sewerage malfunction. This inspection in no way guarantees the operating capabilities of the system nor is there any representation made that the system has been properly maintained in the past. Further, this Department is not expressing any option as to the general operating condition of the system or the necessity of replacing the system in the future.

Sincerely,

Section 2: The foregoing amendments to the Code of Ordinances of Spalding County shall become effective immediately upon adoption of this resolution.

Section 3: All Ordinances or resolutions in conflict herewith shall be and are hereby, repealed.

X. NEW BUSINESS

1. Harold Bost, Chairman of the Fayette County Board of Commissioners, is present to request County support for a Fayette County Road Project. Mr. Bost addressed the Board regarding a road project in Fayette County that not only affects the citizens of Fayette County but also Spalding, East Coweta as well as Clayton County. He said that this road project has been in their transportation plan for well over ten (10) years; however, there is a very severe problem of bottleneck of traffic going through downtown Fayetteville. He said that they are trying to get this road project known as the East Fayetteville Bypass moved up on the transportation plan for ARC. He said this project is scheduled for Year 2020 and we hope that we can get this project moved up to 2005. He would like to take a request to DOT and ARC sometimes after the 1^st of April and have the County Commissions from Coweta, Spalding, Clayton as well as Fayette and the City of Fayetteville as a partnership on this to request that this project be moved up to year 2005. He asked for the County’s support on this.

Motion made by Commissioner Childres to authorize Chairman to sign a Letter of Support and/or Resolution of Support or both for Fayette County in favor of them building this new road. Commissioner Massengale seconded the motion and motion was unanimously approved by a vote of 4-0.

2. Consider request from David Luckie relative to the EIP Grant for Green Valley Road. Mr. David Luckie, Executive Director of the Griffin/Spalding Development Authority and his Chairman of the Board, Daa’ood Amin were present to address this item. He said that the County had approved in November 1999 for the Authority to apply for this grant, which would pay for improving Green Valley Road to the Arthur K Bolton Parkway up to where Springs Industries Plant No. 5 is. The grant is in the amount of $250,000 and has been approved. Since this approval GDOT issued a County Project to signalize the intersection of Green Valley Road at the Bolton Parkway and this includes a turning lane to Green Valley Road going to Springs. This became part of this project cost and is over the grant amount by $20,100, which we are here tonight to ask for this additional money.

Upon motion by Commissioner Childres, seconded by Commissioner Massengale the request for an additional $20,100 to be taken out of road SPLOST was unanimously approved by a vote of 4-0.

3. Consider request from Regency Development Associates relative to support for elderly housing complex. Mr. Steve DeFrancis of Capitol Development Group and Mr. Colin Edelstein of Regency Development Associates were present to address the Board on this item. He said they partner on tax credit deals in the State of Georgia. He gave their address as 1261 Glenwood, Atlanta, GA. He said they were a subsidiary of SunTrust Bank. He presented the Commissioners a brochure about the company and also a design drawing of the proposed development. He said they propose to build a development of 48 multi family units designated for the elderly between the ages of 55 and older with medium to low-income range. He said that the site is on Old Macon Road and consists of 4.34 acres and they have the contract under Dora Jane Smith Realtors. The rental price will be in the range from $500 to $600 per month according to the size. He said the total cost of the project is $4 Million and will be using the Federal tax credit program to build this project. They requested from the County various forms of financial assistance to reduce their development costs such as a waiver of any tap/impact fees, tax abatement for five years or less and waiver of building permit fees. He said that you have to have a competitive application with all the others that are turned in to Department of Community Affairs for the grant. He said the minimum they have to have is a Letter of Support from the Commissioners endorsing this project and all other fees are negotiable; however, the more tax credits you have, the better chance of receiving the grant. He says that the State sees Spalding County in the top category for needing high quality senior living.

Mr. DeFrancis stated they were just presenting this proposal to the commissioners tonight to give them a chance to think about it and would like to come back with all the details at another meeting. Mr. Edelstein said they were getting prepared to process an application with the State with a very competitive, objective scoring process to get the tax credits awarded to their deal and the minimum is a Resolution stating that you support our deal.

Chairman Kendall stated that they needed to do some more research and get figures on how much building permits will be, etc. and need to get with Ms. Hollums, our tax collector, and Mr. Tim Whalen, our tax assessor, and figure out if you were to put this building on the ground how much tax revenue it would generate for Spalding County so we can determine how much tax abatement you would be talking about.

County Attorney Fortune commented at this time there is no provision provided in the code to waive fees of any kind. He also stated that a county cannot give a tax abatement to a private organization. The only way a county can give a tax abatement is if the property belongs to the Development Authority and under the Constitution their property is exempt.

Mr. Edelstein commented that the way this has been done in the past is that the municipality whether city or county has a resolution denoting that a specific area is a special needs district and then a tax abatement can be given. It was noted that this has happened only in city municipalities, who have charters who are entities of State Government and not counties.

Chairman Kendall spoke in behalf of the Board and stated that whatever we can do to do something for the elderly citizens that we can legally do within economic reason, we are in favor of.

Motion made by Commissioner Massengale, seconded by Commissioner Kendall to table this item until the March 20^th meeting and unanimously approved by a vote of 4-0.

4. Consider request from the Community Relations Council to appoint ex-officio member to the Council. Ms. Sylvia Hollums, Chairman, was present to address this item. She said according to current Operational Rules there is suppose to be a county representative from the Board of Commissioners and request that the Board appoint an ex-officio member. The Council meets on the 1^st Thursday of every month at the Chamber of Commerce at 6:00 p.m. beginning April 6, 2000.

Commissioner Johnie McDaniel stated that he was willing to serve on this Council. Upon motion by Commissioner Kendall, seconded by Commissioner Massengale and unanimously approved by a vote of 4-0 Commissioner Johnie McDaniel was appointed to serve as ex-officio member.

Ms. Hollums also made the Board aware that there is suppose to be one appointment to the Council per Commissioner District; however, somehow this has gotten changed with appointments made and there are four (4) members that reside in District No. 4.

Chairman Kendall stated that we leave the appointments as there are for this year and asked Ms. Doane to make a note that this be corrected when appointments are made for Year 2001. These are only one (1) year appointments.

5. Consider approval of Local Government Project Agreement for utility relocations on SR92 Bridge replacement project. Deputy County Manager Wilson stated that this was an old project that has already been approved by the Commissioners; however, the project has been revised and the utilities relocation costs is now $62,836.00. Mr. Wilson stated this figure has been budgeted and will be budgeted next year. This will be the third letting of the project. It was noted that all the traffic will be dumped onto Vineyard Road and Westmoreland Road and Vineyard has not been resurfaced in awhile.

Motion by Commissioner Childres to have Mr. Wilson write a letter in support of this project with the provision that DOT assists with the resurfacing of Vineyard Road upon completion of the project. Commissioner Kendall seconded the motion and motion was unanimously approved.

6. Consider request from City of Orchard Hill for collection of taxes. The request is for the county to collect the fire tax from the citizens of Orchard Hill. Commissioner Childres made a motion to approve. Commissioner Johnie McDaniel seconded the motion.

7. Before voting County Attorney Fortune stated that first there has to be an Intergovernmental Contract and second the Tax Commissioner would have to give her consent to collect these taxes. Ms. Hollums was present and gave her consent. Mr. Wilson commented that we presently collect taxes for SunnySide at a fee charge of 6%; however, under HB 489 we are only charging the City of Griffin 2 ½% to collect their taxes; therefore we need to change the fee of SunnySide, which will bring back on a future agenda and also set the fee charge of 2 ½% for the City of Orchard Hill. Motion to collect taxes for Orchard Hill at a fee charge of 2 ½% was unanimously approved by a vote of 4-0.

8. Discuss Agenda for March 25, 2000 Retreat.

Commissioner Childres stated he desires to discuss Rules of Order for conduct of Public Hearings, Special Called Meetings and County Commission Meetings.

Commissioner Johnie McDaniel stated he desires to discuss other items of zoning nature such as dedication of green space for subdivisions and how we require a Special Exception on expansion of churches. The Board requested that Zoning Attorney Newton Galloway and County Planner Nancy Moon be present for this Retreat.

Commissioner Massengale stated he desires to discuss litter and trash on roads and the addition of determinative sentencing for violation of the Litter Ordinance.

Commissioner Kendall made a motion to table this discussion until the March 20^th meeting allowing Commissioner Martha McDaniel to make her items for the agenda known. Commissioner Johnie McDaniel seconded the motion and motion was unanimously approved.

9. Commissioner Massengale desires to discuss adding Good Friday to the County’s holiday schedule. Commissioner Massengale made a motion to table this item until he could have more research done and obtain additional information. Commissioner Johnie McDaniel seconded the motion and motion was unanimously approved by a vote of 4-0.

XI. REPORT OF COUNTY MANAGER

Deputy County Manager Wilson stated that a date needed to be set to have a groundbreaking ceremony for the new C.I. The consensus of the Board was to have this ceremony on Wednesday, March 15, 2000 at 11:00 a.m. at the site.

XII. REPORT OF COMMISSIONERS

Commissioner Massengale asked for staff to add square footage to dwelling being constructed and also the name of the road on which dwelling is being constructed onto the Spalding County Numeric Permit List.

Commissioner Johnie McDaniel had no comments.

Commissioner Childres had no comments.

Commissioner Kendall brought the Board up to date on the Sewer Task Force Meeting, which was held March 2, 2000. He said that he and Mr. McDaniel serving on this committee are in the process of having the Wastewater Management Agreement to the Board on the 2^nd Monday in April. He said that the Board should have it in their possession for review by the end of March. He said that before both Boards vote on this there will be a Public Informational Meeting to get the community’s views which will be a joint City/County Meeting at which time the City and County will jointly adopt the Wastewater Plan. After approval by the Boards, Plan will be submitted to EPD for approval and then implementation will be determined.

XIII. CLOSED MEETING – n/a

XIV. ADJOURNMENT

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

County Clerk/County Manager Chairman