REGULAR MONTHLY MEETING

The Board of Commissioners of Spalding County, Georgia, held their regular monthly meeting on Monday, April 3, 2000 in their office in the Courthouse Annex in the City of Griffin, Spalding County, Georgia, beginning at 6:00 o’clock p.m. with Commissioners Earle Childres, Martha McDaniel, Merrill Massengale, and Michael Kendall present. Commissioner Johnie McDaniel was absent due to illness. 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 – Led by Rev. Tim Newby in the absence of Rev. Valimont.

III. PLEDGE TO FLAG - Led by Chairman Kendall

IV. PRESENTATIONS/PROCLAMATIONS/RECOGNITION

1. Consider approval of a Proclamation proclaiming the week of April 9-15, 2000 as being Victim Rights Week in Spalding County. Upon motion by Commissioner Kendall, seconded by Commissioner Martha McDaniel the following Proclamation was unanimously approved by a vote of 4-0.

Proclamation

“Spalding County Crime Victims’ Rights Week”

WHEREAS, Year 2000 marks the twentieth anniversary of the commemoration of National Crime Victims’ Rights Week; and

WHEREAS, The victims’ rights discipline in America has, for nearly three decades, dared to dream of a notion that is free from violence and an America where crime victims are consistently provided supportive services to help them cope with the trauma of crime and victimization; and

WHEREAS, While the rate of most crimes continues to decrease, U.S. residents still experience nearly 31 million criminal victimizations, including nearly 8.1 million violent crimes; and

WHEREAS, Over 30,000 federal and state laws have been passed that define and protect the rights of crime victims; 32 states have passed constitutional amendments that afford victims important participatory rights throughout the criminal and juvenile justice systems; and a federal constitutional amendment is currently pending in the U.S. Congress; and

WHEREAS, Important partnerships have been formed among criminal and juvenile justice agencies, allied professionals, and victim services to ensure that crime victims are treated with dignity and respect; and

WHEREAS, Our nation’s commitment to victim assistance, crime prevention, and public safety has resulted in countless individuals and collaborative initiatives that truly do our community justice; and

WHEREAS, The new millennium affords us the opportunity to continue to dare to dream of a nation where liberty and justice for all includes each and every person who has been touched by crime.

NOW THEREFORE BE IT RESOLVED, by the Board of Commissioners of Spalding County that the week of April 9 –15, 2000 is hereby proclaimed as

“Spalding County Crime Victims’ Rights Week”

And be it further resolved that our individual and collective efforts reflect the dreams we dare to have of a nation where no crime victim goes unserved, and every crime victim is afforded rights and services, and fair treatment by the justice system and by society.

V. CITIZENS COMMENTS – n/a

VI. PUBLIC COMMENT

1. Mr. Milton Cline gave his address as 1051 Baptist Camp Road and spoke on the issue of the noise at Cherokee Rose Shooting Resort. He said that people shoot shotguns here and he would prefer that they didn’t. He said the Noise Ordinance of the county should protect the citizens of the county first and believes that a large number of the shooters live outside Spalding County. He said that they have meetings to discuss ridding the community of this nuisance. The owners of Cherokee Rose told the residents to insert earplugs and to stay in our homes and we would not hear the noise. They also told us that Mondays and Tuesdays would be a free day from shooting; however, he heard something this afternoon around 3:30 p.m. He invited the commissioners to come to his house on Saturday and Sunday and enjoy the noise. He asked the Board to represent us citizens and help us rid the community of this nuisance. Mr. Cline stated the shooting occurs mainly on Saturday and Sundays.

Chairman Kendall stated that he was going to personally come out there and hear what is going on.

2. Ms. Valaria Moore gave her address as 961 Baptist Camp Road and also spoke on the noise from Cherokee Rose. She said that she lives right across the street from the shooting resort. She said that she and her husband purchased their home in July and moved to this area because they wanted to raise their two year old in a peaceful surrounding with other children. She objected to her small daughter being subjected to this loud noise from 10:00 a.m. until 6:00 p.m. on weekends. She said that this noise is causing her child to get off her routine and causing her to not to want to play in their front yard. She said they were told that the shooting would stop at 6:00 p.m. on Sunday nights but she has heard it until 6:30 p.m. She said that she was concerned about the safety of the children that live on this street.

3. Mr. Tom Dean gave his address as 1250 Teamon Road and also spoke on Cherokee Rose. He said he was here tonight to file another protest against Cherokee Rose. He said that he has owned his property for thirty (30) years and he said it has been bad before but it is atrocious. He said that he couldn’t even stay in his backyard. He said that he was fed up with it already and it has been opened only two (2) weeks. He said at least 10,000 rounds had been shot at the back of his house the first weekend it opened. He said there are at least (4) tournaments lined up this year and they hope to do twelve (12) and with about 400 participants they are going to be shooting around 200,000 rounds at the back of their houses. He said there are going to be some very unhappy tax paying people and the Board needs to do something. He told the Board if they could come out there and listen to the noise and tell him that they could put up with it, and then he would shut his mouth. But until you do I am going to be down here every time you open this door to tell you what I am telling you tonight.

Chairman Kendall addressed Mr. Dean and told him that he did not think there was not anyone on this Board that is not sympathetic to this situation; however, we find ourselves in a classic dilemma because this piece of property is zoned for the use that is being made of it. He said that we cannot do an illegal and unconstitutional taking of property rights by stopping this business. He said we would be sued for doing this. He said that this would be a grievance between the property owners and Cherokee Rose if there was a nuisance being established out there and the recourse the property owners have is to pool your resources and hire an attorney and pursue the legal remedies that the individual and collective homeowners who live around this facility might have.

Ms. Gail Dean gave her address as 1250 Teamon Road and thanked the Board for listening to her husband’s comments. She said that she understood that this is a problem and knows that you can’t have everything like everybody wants. She said, “The people at Cherokee Rose seem very nice but niceness does not help our ears, our piece of mind and our pocketbooks.”

Ms. Tonya Garnett gave her address as 1061 Teamon Road and also spoke on the noise nuisance of Cherokee Rose. She said that she lives across the street from Cherokee Rose and is very, very angry of what she and her mom have to listen to. She said that she feels for Mr. Dean and all the other neighbors and has a petition that she will bring to the next meeting. She said that she nor a lot of the neighbors even knew that there would be any kind of gun range out here. She said that they were outside people and should not be subjected to having to go indoors to get away from the guns and loud noise. She gave a possible solution of having the gun range indoors.

Mr. Dick Morrow gave his address as 263 Westchester Drive and spoke in regards to the approval of UDO-A-00-04, manufactured homes, Special Exception. He asked the Board to reconsider their decision and approve the compatibility review board. He said that it will be very time consuming and expensive to have to go through a Special Exception. He also objected that the amendment does not allow for smaller home less than 1250 SF to also have to have a Special Exception and recommended that the amendment be expanded to allow for this also.

Mr. Horace S. Kelly gave his address as 153 Dunlap Circle and spoke on the Rezoning Application #99-37Z. He asked the Board to be cautious when rezoning property especially automobile dealers because by the Year 2003 you are going to be treating stormwater runoff from garages, etc. and that is going to get expensive for Spalding County. He spoke on Item #3, Old Business regarding county holiday schedule. He said that giving this holiday would cost the taxpayers between $55,000 and $60,000 and also he objected for taxpayers having to pay public servants for more holidays than they are able to get out of their places of employment.

Mr. Ray Browning gave his address as 585 Moore Road. He made comments to UDO-A-00-04. He asked the Board of Commissioners to reconsider voting for approval of this amendment, as he did not think that this decision would be in the best interest of the citizens of Spalding County. He said that citizens should be able to come and do business with the county in a business like manner and not be burdensome with a 90 day process if the property meets the compatibility criteria. He said there should also be a provision in this amendment for site-built homes of equal footing less than 1250 SF minimum.

Mr. Alan McCallum gave his address as 2831 Williamson Road. He said on the February 7^th Commission Meeting he submitted a petition signed by several hundred citizens, numerous area businesses, county agencies and state representatives for intersection improvements at Highway 362/Moreland Road/Rover-Zetella Road and wanted to know the current status. Commissioner Martha McDaniel answered that she had to wait until the legislature session was over and she intends to go and see the Commissioner and honor your request. He also addressed the letter of October 1999 from the previous chairman to the State Patrol requesting that they crack down on numerous traffic violations out on Highway 362 and asked that it be followed up on as well.

Mr. Frank Harris gave his address as 1559 S. Sixth Street Ext and addressed the renumbering of South Sixth Street, which is an item on the agenda. He asked that this item be tabled tonight as the original numbering was done for the county side and find out what Tim Whalen recommends falls into the 911 plans for identification.

Mr. Richard Ingram gave his address as 300 N. Pomona Road. He said that he supported everything said about the loud noise coming from the gun range and also wanted to show his support for the Good Friday holiday for the county employees as he says he thinks it is appropriate to extend the holiday based on a God fearing nation.

VII. MINUTES

1. Consider approval of the minutes of March 20, 2000 Meeting and Joint City/County Meeting of March 23, 2000. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres minutes were unanimously approved by a vote of 4-0.

VIII. CONSENT AGENDA

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres Items 1 and 2 on the Consent Agenda were unanimously approved by a vote of 4-0.

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

· Amendment to UDO-A-00-05: Article 11, R-5 Single Family Residential, Section 1103—Add provision for Class A manufactured home as a principal use.

RESOLUTION AMENDING

THE ZONING ORDINANCE OF SPALDING COUNTY, GEORGIA

WHEREAS, the Board of Commissioners of Spalding County, Georgia under the Constitution and Laws of the State of Georgia is empowered by virtue of its police power to regulate the health, safety and welfare of the citizens of Spalding County to provide for and enact zoning and developmental regulations;

WHEREAS, the Board of Commissioners of Spalding County, Georgia enacted the current Zoning Ordinance of Spalding County, Georgia on January 4, 1994 and therein adopted the Official Zoning Map of Spalding County, Georgia, in Article 23, Section 2301, et. seq.;

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

WHEREAS, such text amendments to the Zoning Ordinance of Spalding County were reviewed by the Spalding County Planning Commission, and a hearing on the text amendments to the Zoning Ordinance of Spalding County was conducted by the Board of Commissioners of Spalding County, Georgia on 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 shall be and is hereby amended as follows:

Section 1: The following provision shall be added to the Zoning Ordinance of Spalding County, Article 11, "R-5 Single Family District" to appear as Section 1103(A)(2):

Section 1103: Permitted Uses.

A. The following Principal Uses are permitted in R-5 districts:

2. Site-built, single-family detached dwelling with a heated floor area of less than 1,250 square feet, in compliance with the procedures and standards established in Appendix H, "Spalding County Housing Compatibility Ordinance." Any dwelling within this Section shall also be a "compatibility standards affected conventionally constructed dwelling" as defined in the Spalding County Housing Compatibility Ordinance," Appendix H, Section 203.

Section 2: The following provision shall be added to the Zoning Ordinance of Spalding County, Article 11, "R-5 Single Family District" to appear as Section 1103(A)(3):

Section 1103: Permitted Uses.

A. The following Principal Uses are permitted in R-5 districts:

3. Class A manufactured home, in compliance with the procedures and standards established in Appendix H, "Spalding County Housing Compatibility Ordinance."

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.

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

· Rezoning Application 99-35Z: Barbara LaVigne, Owner, 1501 W. Vineyard Road, 0.514 acres, R-2 to R-2A.

IN RE:

APPLICATION OF BARBARA LAVIGNE

FOR REZONING CERTAIN PROPERTY

LOCATED WITHIN SPALDING COUNTY,

GEORGIA;

REZONING APPLICATION 99-35Z

RESOLUTION AMENDING

THE ZONING ORDINANCE OF SPALDING COUNTY, GEORGIA

AND

THE OFFICIAL ZONING MAP OF SPALDING COUNTY, GEORGIA

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-2, Single Family Residential;”

WHEREAS, Barbara Lavigne, applicant, applied for a change in zoning classification to be applied to the within described property to “R-2A, Single Family and Two Family Residential;”

WHEREAS, such application was filed with Spalding County, Georgia on November 30, 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 March 23, 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 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 27 of the 3^rd Land District originally Henry, now Spalding County, Georgia being designated as Tract “B” a portion of Tract 7 in R. G. Vickery Subdivision containing 0.514 acres and may be more particularly described as follows:

TO FIND THE TRUE POINT OF BEGINNING commence at the intersection of the east right-of-way of Deason Street and the North right-of-way of Vineyard Road; thence running in an easterly direction along the North right-of-way of Vineyard Road a distance of 129.14’ to a ½” re-bar and TRUE POINT OF BEGINNING; thence North 10°03’28” West a distance of 65.02’ to a ½” re-bar; thence North 04°46’58” East a distance of 83.88’ to a ½” re-bar; thence North 01°41’33” West a distance of 264.35’ to a ½” re-bar; thence North 89°18’13” East a distance of 52.70’ to a ½” re-bar; thence South 01°41’33” East a distance of 412.03’ to a ½” re-bar located on the north right-of-way of Vineyard Road; thence South 89°18’35” West along said right-of-way a distance of 52.70’ to a ½” re-bar and POINT OF BEGINNING.

From “R-2, Single Family Residential” to “R-2A, Single Family and Two Family 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 March 23, 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 27 of the Third Land District of originally Henry, now Spalding County, Georgia, consisting of approximately 0.514 acres, zoned R-2A.

(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 99-37Z: Alan M. Reeves, Owner, Lisa R. Roberts, Agent, North Expressway, 0.57 acres, C-1 to C-1B.

IN RE:

APPLICATION OF ALAN M. REEVES

FOR REZONING CERTAIN PROPERTY

LOCATED WITHIN SPALDING COUNTY,

GEORGIA;

REZONING APPLICATION 99-37Z

RESOLUTION AMENDING

THE ZONING ORDINANCE OF SPALDING COUNTY, GEORGIA

AND

THE OFFICIAL ZONING MAP OF SPALDING COUNTY, GEORGIA

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 March 23, 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;

All that lot, 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, being more particularly shown and designated as Tract “C”, containing 0.57 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:

On March 23, 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 0.57 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 00-01Z: C. Richard Morrow, Owner, Lot 6 High Falls Road, 0.458 acres, C-1 to C-1C.

· Rezoning Application 00-02Z: C. Richard Morrow, Owner, Lot 7 High Falls Road, 0.458 acres, C-1 to C-1C.

· Rezoning Application 00-03Z: C. Richard Morrow, Owner, Lot 10 High Falls Road, 0.458 acres, C-1 to C-1C.

· Rezoning Application 00-04Z: C. Richard Morrow, Owner, Lot 11 High Falls Road, 0.456 acres, C-1 to C-1C.

IN RE:

APPLICATION OF C. RICHARD MORROW

FOR REZONING CERTAIN PROPERTY

LOCATED WITHIN SPALDING COUNTY,

GEORGIA;

REZONING APPLICATIONS 00-01Z, 00-02Z, 00-03Z, and 00-04Z

RESOLUTION AMENDING

THE ZONING ORDINANCE OF SPALDING COUNTY, GEORGIA

AND

THE OFFICIAL ZONING MAP OF SPALDING COUNTY, GEORGIA

WHEREAS, C. Richard Morrow, applicant, applied for a change in zoning classification to be applied to the within described property to “C-1C, Manufacturing-Light;”

WHEREAS, such applications were filed with Spalding County, Georgia on January 18, 2000;

WHEREAS, such applications were 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 March 23, 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;

00-01Z

All that lot, tract or parcel of land situate, lying and being in Land Lot 210 of the Second Land District of originally Monroe, now Spalding County, Georgia, and being more particularly described as follows:

TO REACH THE TRUE POINT OF BEGINNING, BEGIN at the intersection of the southern margin of the right of way of High Falls Road where it intersects the Eastern margin of the right of way of Newton Road and run thence South 85 degrees 8 minutes 35 seconds East, 993.36 feet to an iron stake which marks the True Point of Beginning of this description; thence South 0 degrees 14 minutes West 200 feet to a point; thence south 85 degrees 8 minutes 35 seconds East 100 feet to a point; thence North 0 degrees 14 minutes East 200 feet to a point on the Southern right of way of High Falls Road; thence north 85 degrees 8 minutes 35 seconds West, 100 feet to the True Point of Beginning of this description.

The above described property is known as Lot 6 on a plat of survey prepared for Louis W. Goldstein by Kenneth E. Presley, dated May 29, 1972, finally revised June 10, 1974.

00-02Z

TO REACH THE TRUE POINT OF BEGINNING, BEGIN at the intersection of the southern margin of the right of way of High Falls Road where it intersects the Eastern margin of the right of way of Newton Road and run thence South 85 degrees 8 minutes 35 seconds East, 1093.36 feet to an iron stake which marks the True Point of Beginning of this description; thence South 0 degrees 14 minutes West 200 feet to a point; thence south 85 degrees 8 minutes 35 seconds East 100 feet to a point; thence North 0 degrees 14 minutes East 200 feet to a point on the Southern right of way of High Falls Road; thence north 85 degrees 8 minutes 35 seconds West, 100 feet to the True Point of Beginning of this description.

The above described property is known as Lot 7 on a plat of survey prepared for Louis W. Goldstein by Kenneth E. Presley, dated May 29, 1972, finally revised June 10, 1974.

00-03Z

TO REACH THE TRUE POINT OF BEGINNING, BEGIN at the intersection of the southern margin of the right of way of High Falls Road where it intersects the Eastern margin of the right of way of Newton Road and run thence South 85 degrees 8 minutes 35 seconds East, 1393.36 feet to an iron stake which marks the True Point of Beginning of this description; thence South 0 degrees 14 minutes West 200 feet to a point; thence south 85 degrees 8 minutes 35 seconds East 100 feet to a point; thence North 0 degrees 14 minutes East 200 feet to a point on the Southern right of way of High Falls Road; thence north 85 degrees 8 minutes 35 seconds West, 100 feet to the True Point of Beginning of this description.

The above described property is known as Lot 10 on a plat of survey prepared for Louis W. Goldstein by Kenneth E. Presley, dated May 29, 1972, finally revised June 10, 1974.

00-04Z

TO REACH THE TRUE POINT OF BEGINNING, BEGIN at the intersection of the southern margin of the right of way of High Falls road where it intersects the Eastern margin of the right of way of Newton Road and run thence South 85 degrees 8 minutes 35 seconds East, 1493.36 feet to an iron stake which marks the True Point of Beginning of this description; thence South 0 degrees 14 minutes West 200 feet to a point; thence south 85 degrees 8 minutes 35 seconds East 100 feet to a point; thence North 0 degrees 14 minutes East 200 feet to a point on the Southern right of way of High Falls Road; thence north 85 degrees 8 minutes 35 seconds West, 100 feet to the True Point of Beginning of this description.

The above described property is known as Lot 11 on a plat of survey prepared for Louis W. Goldstein by Kenneth E. Presley, dated May 29, 1972, finally revised June 10, 1974.

From “C-1, Highway Commercial” District to “C-1C, Manufacturing-Light” 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. Public garages and repair garages are prohibited.

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 March 23, 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 210 of the 2^nd Land District of original Monroe, now Spalding County, Georgia, consisting of approximately 1.83± acres, zoned C-1C, 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 00-05Z: Pilkenton-Murray, LLC, Owner, Rendley Norris, Agent, Moreland Road, 37.29 acres, AR-1 to C-2.

IN RE:

APPLICATION OF RENDLEY NORRIS AND PILKENTON-MURRAY, LLC

FOR REZONING CERTAIN PROPERTY

LOCATED WITHIN SPALDING COUNTY,

GEORGIA;

REZONING APPLICATION 00-05Z

RESOLUTION AMENDING

THE ZONING ORDINANCE OF SPALDING COUNTY, GEORGIA

AND

THE OFFICIAL ZONING MAP OF SPALDING COUNTY, GEORGIA

WHEREAS, Rendley Norris and Pilkenton-Murray, LLC, applicants, applied for a change in zoning classification to be applied to the within described property to “C-2, Manufacturing;”

WHEREAS, such application was filed with Spalding County, Georgia on January 27, 2000;

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 March 23, 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;

All that tract or parcel of land lying and being in Land Lot 105 of the 2^nd District of Monroe County, now Spalding County, and being more particularly described as follows:

BEGINNING at a point located on the Southern right-of-way of Moreland Road (100 foot right-of-way) which point is located 1,447.26 feet Easterly as measured along the Southern right-of-way of Moreland Road from its intersection with the Eastern right-of-way of Carver Road; run thence South 89 degrees 52 minutes 53 seconds East along the Southern right-of-way of Moreland Road a distance of 250.59 feet to a point; run thence South 05 degrees 04 minutes 20 seconds West a distance of 577.78 feet to a point; run thence South 00 degrees 06 minutes 28 seconds West a distance of 766.73 feet to a point; run thence South 89 degrees 41 minutes 49 seconds East a distance of 425.70 feet to a point; run thence South 89 degrees 41 minutes 40 seconds East a distance of 812.72 feet to a point located on the Eastern Land Lot Line of Land Lot 105; run thence South 53 degrees 13 minutes 40 seconds West a distance of 1,192.20 feet to a point; run thence South 53 degrees 13 minutes 20 seconds West a distance of 1,005.17 feet to a point (which point is believed to be located on the Southern Land Lot Line of Land Lot 105); run thence North 02 degrees 19 minutes 15 seconds West a distance of 83.13 feet to a point; run thence North 00 degrees 41 minutes 09 seconds East a distance of 156.72 feet to a point; run thence North 27 degrees 06 minutes 04 seconds West a distance of 437.55 feet to a point; run thence North 01 degree 01 minutes 52 seconds East a distance of 696.24 feet to a point; run thence South 89 degrees 56 minutes 20 seconds East a distance of 199.34 feet to a point; run thence South 89 degrees 40 minutes 55 seconds East a distance of 100.0 feet to a point; run thence South 89 degrees 39 minutes 15 seconds East a distance of 57.02 feet to a point; run thence South 89 degrees 37 minutes 30 seconds East a distance of 153.61 feet to a point; run thence North 00 degrees 04 minutes 59 seconds East a distance of 1,341.57 feet to the point of beginning. Being a tract of land containing 37.29 acres of land as described in that certain survey by Conkle-Land & Associates for John T. Bolton, dated September 22, 1997, revised October 28, 1997, revised January 17, 2000.

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

b. All development will be in compliance with the applicable development standards.

c. Development is not permitted for the following uses:

Section 1503(A)

24. Textile manufacturing plant

25. Baking establishment

27. Truck terminal

28. Gasoline storage terminal

30. Acid manufacture and storage

31. Bulk Petroleum Plant

34. Commercial livestock processing

36. Feed, grain, or fertilizer manufacture or storage

38. Foundry or forging plant

42. Poultry processing plant

43. Railroad yard

Section 1503(B)

1. Airport, heliport

2. Reserved

3. Central mixing plant for cement, mortar, plaster, or housing materials

4. Development of natural resources—including the removal of minerals and natural materials.

5. Asphalt plants

6. Manufacturing activity which may cause noise, vibrations, smoke, gas, fumes, odor, dust, fire hazard, or other objectiveable conditions.

On March 23, 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 105 of the 2^nd Land District of original Monroe, now Spalding County, Georgia, consisting of approximately 37.29± acres, zoned C-2, 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.

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres Items 3 and 4 on Consent Agenda were unanimously approved by a vote of 4-0.

3. Consider approval at second reading of an ordinance amending the FY 2000 Budget Ordinance to provide for distribution of salaries for the Sheriff’s Department to the Jail and narcotics Task Force.

AN ORDINANCE AMENDING THE

FISCAL YEAR 2000 BUDGET ORDINANCE

FOR

SPALDING COUNTY, GEORGIA

WHEREAS, the Board of Commissioners of Spalding County have duly adopted an annual budget ordinance for the 2000 Fiscal Year pursuant to the requirements of Title 36, Chapter 81 of the Official Code of Georgia, and Section 2-5003 of the Code of Spalding County; and

WHEREAS, the Official Code of Georgia, specifically Title 36, Chapter 81-3, provides that said Board may amend its annual budget ordinance so as to adopt to changing governmental needs during the fiscal year.

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners that the annual budget ordinance as approved, adopted and enacted on second reading on June 30, 1999, be amended as follows:

Section I. General Fund

B. Expenditures

Sheriff From $ 5,733,664 to $ 3,531,844

Jail From $ 1,770,133 to $ 3,755,133

Narcotics From $ 136,824 to $ 353,644

Approved on first reading this 20^th day of March, 2000.

Approved, adopted and enacted on second reading this 3^rd day of April, 2000.

4. Consider approval at second reading of an ordinance amending the FY 2000 Budget Ordinance to provide for lease purchase financing of vehicles.

AN ORDINANCE AMENDING THE

FISCAL YEAR 2000 BUDGET ORDINANCE

FOR

SPALDING COUNTY, GEORGIA

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners that the annual budget ordinance as approved, adopted and enacted on second reading on June 30, 1999, be amended as follows:

Section I. General Fund

A. Revenues

Other Financing Sources From $ 0 to $ 191,946

B. Expenditures

Sheriff From $ 5,541,718 to $ 5,733,664

Approved on first reading this 20^th day of March, 2000.

Approved, adopted and enacted on second reading this 3^rd day of April, 2000.

IX. OLD BUSINESS

1. Consider approval at second reading of Rezoning Application 99-45Z, JVR Associates, LLC. Upon motion by Commissioner Childres, seconded by Commissioner Martha McDaniel the application was tabled by a vote of 4-0.

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

· Amendment to UDO-A-00-04: Article 4, General Procedures, Section 413—Add provision for Special Exception criteria for manufactured homes.

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres UDO-A-00-04 was approved by a vote of 3-1 with Commissioner Kendall voting against the motion.

RESOLUTION AMENDING

THE ZONING ORDINANCE OF SPALDING COUNTY, GEORGIA

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 March 23, 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;

Section 1: The following provision shall be added to Article 4, "General Procedures" of the Zoning Ordinance of Spalding County, to appear as Section 413(G)':

Section 413: Special Exceptions.

G'. In addition to the criteria set forth in the preceding subsection, the Board of Appeals shall (for any application for the placement and location of a Class A manufactured home in the Agricultural-Residential AR-1 zoning district, as allowed in Section 503(B)(18) of this Ordinance) determine that the location and placement thereof is compatible with the surrounding development in the general area , based on such information as necessarily determines that the manufactured home conforms with the general area in which it is to be placed based on the size of the dwelling, the site plan for the location of the dwelling, photographs and/or renderings of the front exterior thereof, roof material, exterior construction material, foundation material, general aesthetic appearance to conventionally constructed (site-built) housing and construction costs of conventionally constructed (site-built) housing pursuant to consideration of the following criteria:

a. the number and quality of conventionally constructed (site-built) dwellings and other forms of housing in the same zoning district throughout Spalding County;

b. the number and quality of conventionally constructed (site-built) dwellings and other forms of housing in the same general area;

c. existing development in the general area;

d. proposed development for which subdivision approval or building permits have been issued in the general area;

e. development trends within the general area;

f. existing deed or covenant restrictions on tracts within the general area;

g. any existing architectural style used in dwellings in the general area;

h. the proposed location and placement of the manufactured home on the property in relationship to the location, setback and road visibility of other dwellings in the general area; and

i. the age and condition of other dwellings in the general area.

For purposes of this Ordinance, the term "general area" shall mean the specific subdivision, development or street on or in which the manufactured home is proposed to be located along with the geographic area extending for a distance of a one-half mile radius of the proposed location of the manufactured home.

Section 2: The following provision shall be deleted from the Zoning Ordinance of Spalding County: Section 413(L).

Section 3: The following provision shall be added to Article 4, "General Procedures" of the Zoning Ordinance of Spalding County, to appear as Section 413(L):

Section 413: Special Exceptions.

L. After reviewing the record of the public hearing conducted before the Board of Appeals and considering the recommendations thereof, the Board of Commissioners, applying the criteria set forth in Sections 413(G) and 413(G'), as applicable, may approve or deny the requested Special Exception, or impose conditions which may restrict the use or development of the Special Exception use in a manner not otherwise required by this Zoning Ordinance.

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.

3. Consider amendment to the County Holiday Schedule for Good Friday. Motion made by Commissioner Massengale to have a special holiday for employees to take as they please to become effective July 1, 2000. Commissioner Martha McDaniel seconded the motion for discussion. The cost for this benefit would be $44,214.72. No action was taken as the vote was 2-2 with Commissioner Childres and Commissioner Massengale voting for the holiday and Commissioner Kendall and Commissioner Martha McDaniel voting against.

X. NEW BUSINESS

1. Consider approval of Alcoholic Beverage License:

Ali Abdo Saleh Ezah (Saleh Enterprises, Inc.) d/b/a Cole’s Corner, 7051 Newnan Road, Retail Sales—Beer and Wine—2000 License. Upon motion by Commissioner Childres, seconded by Commissioner Martha McDaniel license was unanimously approved by a vote of 4-0.

2. Consider approval of request from Griffin-Spalding Development Authority. Mr. David Luckie, Executive Director of the Development Authority was present and addressed this item. The request is to approve the issuance of industrial revenue bonds with Woodland Industries, Inc. as they wish to expand. He said there would be no liability or cost to the taxpayers or Spalding County or the City of Griffin or the Development Authority. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres approval was unanimously given and the Resolution is as follows:

STATE OF GEORGIA *

SPALDING COUNTY *

RESOLUTION APPROVING THE ISSUANCE

OF AN INDUSTRIAL DEVELOPMENT REVENUE BOND

WHEREAS, the Board of Commissioners (the “Board”) of Spalding County (the “Jurisdiction”) has been informed by officials of the Griffin-Spalding County Development Authority (the “Issuer”) that the Issuer has on March 9, 2000 adopted an inducement resolution (the “Resolution”), with respect to a plan of financing through the issuance of its industrial development revenue bond (the “Bond”) in the aggregate principal amount not to exceed $2,750,000.00. The proceeds of the Bond will be used to finance, in whole or in part, the planning, construction, expansion, and equipping of an approximately 65,000 square foot extension to its facility to be used by Woodland Industries, Inc., a Georgia corporation (the “Company”), or its assignee, for the purpose of manufacturing roofing felt and related activities to be located at 1520 Kalamazoo Drive, Griffin, Spalding County, Georgia (the “Project”); and

WHEREAS, the Bond will be issued by the Issuer on behalf of the Jurisdiction, the Project will be located within the boundaries of the Jurisdiction, the Board is the highest elected legislative body, and this resolution is intended to constitute the approval required by Section 147(f) of the Internal Revenue Code of 1986, as amended; and

WHEREAS, after a public hearing open to the public was held on March 31, 2000, by the Issuer’s duly appointed Hearing Officer, for which due and reasonable public notice has been given in accordance with the provisions of law and the procedures established therefore, the Board has determined it to be in the public interest to approve the issuance of the Bond as provided in the Resolution;

NOW, THEREFORE, BE IT RESOLVED that the issuance of the Bond by the Issuer on behalf of the Jurisdiction pursuant to the plan of financing described in the resolution for the benefit of the Company is hereby in all respects approved; and

BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately upon its adoption and that the Clerk of the Board of Commissioners place a public record of these resolutions in the minutes of the Board of Commissioners.

ADOPTED, this 3rd day of April, 2000.

STATE OF GEORGIA *

SPALDING COUNTY *

CERTIFICATE WITH RESPECT TO

PUBLIC HEARING AND APPROVAL

The Undersigned hearing officer of the Griffin-Spalding County Development Authority, HEREBY CERTIFIES as follows:

(1) A hearing of the Griffin-Spalding County Development Authority (the “Issuer”), open to the public, was held on March 31, 2000, at 10:00 o’clock a.m., at the courtroom at City Hall, located at 231 East Solomon Street, Griffin, Spalding County, Georgia, pursuant to proper notice given in accordance with the law and the procedures of the Issuer. A copy of the published notice of the hearing conducted in connection with the meeting is attached hereto as Exhibit “A”. An affidavit from the publisher of the newspaper in which such notice appeared is attached hereto and made a part hereof and marked Exhibit “B”.

(2) The commencement of a public hearing was announced on the proposed issuance of revenue bonds for the benefit of Woodland Industries, Inc., a Georgia corporation, or its assignee, pursuant to newspaper notice as described herein above.

(3) During the hearing, requests for comments or questions from persons with views on the issuance of the Bonds or on the location and nature of the proposed facility were solicited. Robert Crownover and Buckner F. Melton, representing Woodland Industries, Inc., were in attendance in favor of the issuance of the Bonds at issue. No one else appeared to oppose.

This 31^st day of March, 2000.

ROBERT H. SMALLEY, JR., P.C.

Attorney for GRIFFIN-SPALDING

COUNTY DEVELOPMENT AUTHORITY

3. Reverend Swayne Poole is present regarding a zoning concern at the Flint River Baptist Camp. Rev. Poole stated that he was the Director of Flint River Baptist Association, with fifty-six (56) churches in the association and resides at 301 Brown Acres Road. He addressed a problem that has developed at the Flint River Baptist Camp. He said they were not aware of the change that had been made to the County Ordinance, Section 202(R) adopted on October 7, 1997 that prohibits a church from meeting on a regular basis on their camp property. He said that he had received notice from Nancy Moon, County Planner that they were in violation of this definition on Friday March 24^th because we had a new church that was organized in January 2000 and meeting at the Camp on a regular basis. He said there is also a black church that has been meeting in their chapel since last November. He said they were concerned about this prohibition because it will affect the establishment of new churches in the area. He said when the association desires to establish a new church the first thing that is needed is a place to meet until they are strong enough financially and numerically to find land and build their own facility. He said that Spalding County is growing and will need more churches in the future to accommodate this population growth. He asked the Commissioners if it were possible that since this definition was adopted in 1997 if the Camp could be grand fathered in and exempt from this definition and requested if that was not possible, if the Board would consider sponsoring an amendment to Section 202 (R) to allow them to hold regular church services on their campus. He said with their approval he would file the necessary forms for this amendment.

County Manager Ruffin explained to the Board that this definition change was intentionally done by them in 1997 to take care of a problem that had arisen at this time with expansion of campgrounds. There was a problem where churches were wanting to expand in an area where they were not zoned for non permitted uses. Mr. Ruffin reminded the Board that they were getting complaints about noise from New Era Missionary Baptist and this is what prompted this definition change. We limited them to what they can do on a campground. He said that this Ordinance affects all campgrounds in Spalding County.

Commissioner Martha McDaniel suggested that maybe there could be a temporary permit issued to the Association to hold these regular services for instance for six months. Rev. Poole commented that there could not be any time certain set on how long the temporary churches would need to become self-supporting and establish their own church.

Motion made by Commissioner Childres to send this request back to the Planning Commission for them to review Section 202 “R Prime” in the Ordinance and see if there was some interest in developing some change to allow temporary start-up churches on campground space. Commissioner Massengale seconded the motion and motion was unanimously approved by a vote of 4-0.

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

Chairman Kendall called the meeting back to order.

4. Ms. Bonnie Standard with McIntosh Trail MH/MR/SA is present to request a letter of support for Homeless Assistance Continuum of Care. She gave her address as Rt. 472-A Nathan Thaxton Road, Jackson, GA but is employed by McIntosh Trail CSB. She said that she was present tonight in regards to the Shelter Plus Care Grant which they applied for last year and had received notification by Department of Community Affairs that we received the housing grant from HUD. The grant is in the amount of $184,260 which the seven (7) counties will share. The seven (7) counties are Upson, Pike, Butts, Henry, Lamar, Fayette and Spalding Counties. This grant is for placement of seven (7) consumers who are termed “homeless” by the Department of Community Affairs definition and targeted are three (3) to be placed in Spalding County and four (4) in Henry County. She said the Willow Creek Apartments Complex is where these three (3) people will be placed with staff on hand 24 hours a day. She said that this particular project is targeted with people that have mental illness. She saved these are people that are already known to us and served by us and considered “homeless” because they are in transition housing. There will be three (3) efficiency apartments and will be rental assistance for five (5) years to enable them to get jobs or other monies to enable them to live there independently. She requested from the Board of Commissioners to approve a letter of support for this program and that they will monitor any requirements of the County.

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Massengale unanimous approval was given to send a letter of support to Department of Community Affairs for MH/MR/SA Homeless Assistance Continuum of Care Program.

5. Consider request from the Southside Riders Association for a special event license. This is for the Country Rock 2000 Spring Fling Saturday, April 29, 2000. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Massengale request was unanimously approved by a vote of 4-0.

6. Consider request for Public Hearing date for establishment of a street light district within Stanfield West Subdivision. Upon motion by Commissioner Kendall, seconded by Commissioner Martha McDaniel the date and time of Public Hearing of April 20, 2000 at 5:45 P.M was unanimously approved by a vote of 4-0.

7. Consider request from Georgia Department of Corrections. The request is for the Board of Commissioners to donate a 15 x 15 pen located on the previous Hatchett Property to be used as a dog kennel for drug sniffing and bomb sniffing dog. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the donation of pen was unanimously approved by a vote of 4-0.

8. Consider approval of a Resolution authorizing a Lease Purchase Agreement for purchase of fire apparatus. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the following Resolution was unanimously approved by a vote of 4-0.

RESOLUTIONS OF GOVERNING BODY AND INCUMBENCY CERTIFICATE

(LEASE-PURCHASE AGREEMENT)

I, Michael M. Ruffin, HEREBY CERTIFY as follows:

I am the duly elected or appointed and acting Secretary/Clerk of and official custodian of certain records of Spalding County (“Lessee”), a political subdivision or agency duly organized and existing under the laws of the State of Georgia.

That the following is a true and accurate transcript of resolutions duly adopted at a meeting of the governing body of Lessee held on the 3^rd day of April 2000 at which meeting there was present and acting throughout a quorum authorized to transact the business hereinafter described and that said resolution has not been amended or revoked and is in full force and effect.

WHEREAS, the governing body of the Lessee has determined that a true and very real need exists for the acquisition of the equipment described in the Lease Agreement presented to this meeting; and

WHEREAS, the governing body of the Lessee has taken necessary steps, including any legal bidding requirements, to arrange for the acquisition of such equipment.

RESOLVED, that the Lessee enter into a Lease Agreement to be assigned to Mercedes-Benz Credit Corporation, in substantially the form presented to this meeting, and that the representatives of the Lessee whose names and signatures are set forth below, and each of them, hereby are authorized: (a) to execute and deliver said Lease Agreement in the name and on behalf of the Lessee, either in the form presented to this meeting or with such changes therein as the representative of Lessee executing the same may approve, his or her approval and authority to be conclusively evidenced by his or her execution thereof, such execution to be valid and binding on the Lessee with or without the seal of the Lessee; (b) to carry out the obligations and enforce the rights of the Lessee under said Lease Agreement; (c) to execute and deliver in the name and on behalf of the Lessee such other documents as may be requested or required by Mercedes-Benz Credit Corporation in connection with said Lease Agreement; (d) to exercise any renewal, purchase, or other option of the Lessee under said Lease Agreement; and (e) to take all other action deemed by them necessary or advisable in connection with the foregoing.

RESOLVED, that any actions previously taken by an representative of the Lessee identified below in connection with said Lease Agreement are hereby ratified and approved in all respects.

That the persons listed below are duly authorized representatives of the Lessee in the capacity set forth opposite their names and that their signatures are true and correct and, as of the date hereof, have proper authority to execute and deliver the above-referenced Lease Agreement and any documents required in connection therewith, and shall continue to have such authority until the Lessee notifies Mercedes-Benz Credit Corporation otherwise.

Name Title Sample Signature

Michael M. Ruffin County Manager

William P. Wilson, Jr. Deputy County Manager

Jinna L. Garrison Finance Director

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Lessee this 3^rd day of April, 2000.

9. Reschedule April 17^th Board Meeting to April 20, 2000. Chairman Kendall explained that the meeting is being rescheduled because of the conflict with the ACCG 2000 Annual Meeting. Upon motion by Commissioner Kendall, seconded by Commissioner Martha McDaniel the change of date in meeting was unanimously approved by a vote of 4-0.

10. Consider request from City of Orchard Hill for their appointment of Monya English to the Keep Griffin-Spalding Beautiful Commission. Upon motion by Commissioner Kendall, seconded by Commissioner Martha McDaniel Monya English was unanimously appointed to the Griffin-Spalding Beautiful Commission by a vote of 4-0.

11. Consider approval of cold mix asphalt for the paving of Linda Lane and Susan Terrace and Dickerson Road once all right of way has been acquired. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres approval was given by a unanimous vote of 4-0.

12. Consider bids for the paving of Hosannah Road and Gay Road. Upon motion by Commissioner Childres, seconded by Commissioner Massengale approval was given to award bid to low bidder Holliday Construction Co., Greenville, GA, in the amount of $1,206,562.90 for both roads. Reference Contract #2000-04-03(A).

13. Consider authorizing solicitation of bids for lighting of Baseball Complex at Wyomia Tyus Olympic Park. This will be a SPLOST project. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Massengale authorization for soliciting of bids was unanimously approved by a vote of 4-0.

14. Consider approval of design changes to Wyomia Tyus Olympic Park Concession Building. Mr. Roland Hinners of W. L. Jorden & Co. addressed this item. The significant changes are to provide an alternative structure with open-end gable retained in lieu of a prefabricated Polygon manufactured structure and to provide alternate bid material for water lines using CPVC pipes using split-faced common gray block in lieu of split-faced beige block. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres design changes were unanimously approved by a vote of 4-0.

15. Consider bids for Phase III Irrigation/Grassing for Wyomia Tyus Olympic Park Baseball fields. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres low bidder, J. M. Clayton Company, Thomaston, GA including Alternates 1 & 2 in the amount of $295,770.00 was unanimously approved by a vote of 4-0. Reference Contract #2000-04-03(B).

16. Consider approval at first reading an ordinance amending the FY 2000 Budget Ordinance to provide for reclassification of revenues required by the new mandatory Chart of Accounts. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres amendment of Budget Ordinance was unanimously approved by a vote of 4-0. The Ordinance will be incorporated into the minutes on second and final reading.

17. Consider approval at first reading of an ordinance amending the Spalding County Code relative to No Parking Zone on Aerodrome Way. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres Ordinance was unanimously approved by a vote of 4-0. The Ordinance will be incorporated into the minutes on second and final reading.

18. Consider approval of proposal from Manley Spangler Smith Architects for design of L.B. Norton Fire Station. Upon motion by Commissioner Childres, seconded by Commissioner Martha McDaniel the proposal in the amount of $16,000 was unanimously approved by a vote of 4-0.

19. Consider approval of an agreement between the City of Orchard Hill and Spalding County for the collection of city taxes. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the following agreement was unanimously approved by a vote of 4-0.

AGREEMENT BETWEEN THE CITY OF ORCHARD HILL AND

SPALDING COUNTY, GEORGIA FOR THE COLLECTION

OF CITY TAXES

THIS AGREEMENT is made and entered into this 3rd day of April, 2000, by and between the City of Orchard Hill, Georgia, a municipal corporation organized under the laws of the State of Georgia (11ereinafier referred to as the "City") and the County of Spalding, a political subdivision of the State of Georgia (hereinafter referred to as the "County").

WHEREAS, O.C.G.A. § 48-5-359.1 specifically allows any county and municipality, wholly located within such county, to contract, subject to approval by the Tax Commissioner of the county for the Tax Commissioner to, among other things, collect municipal taxes in the same manner as county taxes. This instrument shall constitute a binding, legal contract by and between the parties hereto, in accordance with the authority granted by Article IX, Section III, Paragraph I of the 1983 Constitution of the State of Georgia. Each of the parties herein covenants that it has the requisite legal authority to do all things necessary, convenient and expedient to carry out the obligations and responsibilities herein set forth. Furthermore, for the term of this agreement, all parties agree to exercise good faith and best efforts to adequately and properly perform under the terms of this contract. The parties do further covenant and agree to cooperate fully with the spirit and intent of this contract.

WHEREAS, the City desires that the Tax Commissioner of Spalding County collect City taxes for the City of Orchard Hill.

NOW, THEREFORE, in consideration of the mutual covenants and promises herein made, the receipt, adequacy and sufficiency of which are mutually acknowledged, the parties agree to be bound each unto the other as follows:

-1-

LEGAL AUTHORITY

The Official Code of Georgia Annotated Section 48-5-359.1 specifically authorizes this contract.

-2-

DEFINITIONS

For purposes of this Agreement, the following words shall have the meaning hereinafter defined:

(a) "City Taxes": The term "city taxes" shall mean all ad valorem taxes levied by the City of Orchard Hill on any real and/or personal property located within its municipal boundaries. Such term shall not include "special assessment" that may from time to time be levied upon certain properties for street or utility improvements.

(b) "County Taxes": The term "county taxes" shall mean all ad valorem taxes levied by Spalding County on any real and/or personal property located within its geographical grounds.

-3-

XI. TERM OF AGREEMENT

This agreement shall become effective at 12:01 A.M. on the 1st day of January, 2000 and shall terminate at midnight on the 31st day of December, 2050 unless terminated sooner in the manner hereinafter provided.

This agreement may be terminated by either party by giving written notice of its intent to terminate the contract to the other party. The termination shall be effective one year after written notice is received.

-4-

COLLECTION OF TAXES

The Tax Commissioner of Spalding County shall collect all ad valorem taxes due to the City of Orchard Hill beginning with those ad valorem taxes levied for calendar year 2000. The Tax Commissioner has no obligation to collect any City taxes due for any year prior to 2000.

-5-

HOMESTEAD EXEMPTION

The City specifically delegates to the Tax Commissioner of Spalding County authority to receive all necessary information for any Homestead Exemptions for the City's tax payer residents.

-6-

PAYMENT COMPENSATION

The City agrees to pay and the County agrees to accept as compensation for the collection of the City's taxes, 2.5% of the total amount of City taxes collected. The City consents to the Tax Commissioner's retaining said agreed compensation and remitting only 97.5% of all City taxes collected.

-7-

LITIGATION, BANKRUPTCIES & DELINQUENT TAXES

The City will remain responsible for handling and managing any bankruptcy in existence at the time this contract is signed. The City will also remain responsible for responding to and representing itself in any Condemnation Action which may be filed after the date of this contract. The Tax Commissioner of Spalding County shall have absolutely no obligation whatsoever to

represent the City of Orchard Hill in any civil action.

The Tax Commissioner of Spalding County will be responsible for handling and managing any bankruptcy that is filed for the purpose of bankrupting against the City of Orchard Hill Ad valorem Taxes. The City agrees that it shall notify the Tax Commissioner of Spalding County of the receipt of any petition in bankruptcy not later than the 5th business day after the bankruptcy petition is received by the City.

-8-

DISBURSEMENT

The Tax Commissioner of Spalding County shall disburse all City taxes which are collected not later than the 25th of each month to the City by the 10th of the following month. The check will be made payable to the City of Orchard Hill.

-9-

TAX SALES

The Tax Commissionerof Spalding County will be responsible for any tax sales which are necessary for the collection of City and/or County taxes following the execution of this contract. The City agrees that it will pay its pro-rata share of all costs incurred in connection with the holding of a Sheriff Sale to collect delinquent taxes to the extent actual costs of the Sale are not fully recovered from the Tax Sale. For the purpose of this contract the term "pro-rata" will be a number that bears the same ratio as the total amount of the City taxes bears to the total of City and County taxes involved in the proceeding.

-10-

AUDIT

The City agrees that the accounting firm performing the annual audit for the County shall also audit the Tax Commissioner's book and records concerning the City tax collections.

-11-

ADJUSTMENTS

If a taxpayer gives a personal check for the payment of City property taxes and said check is subsequently returned for any reason including, but not limited to, insufficient funds, then and in such event, the Tax Commissioner shall reinstate the tax bill and show it as unpaid. Moreover, if the Tax Commissioner has already remitted the funds in question to the City, that sum shall be subtracted from the next disbursement of City taxes to the City.

-12-

CHANGES IN PROPERTY TAX BILLS

If a change in a property tax bill requires a refund to the taxpayer, then the amount refunded to the taxpayer shall be deducted from the next disbursement to the City. Any change that requires an additional billing will be treated as a NOD (not on digest). The Tax Commissioner will give a full accounting of all such transactions on the transmittal form used to transmit the funds to the City.

-13-

INTEREST ON ACCOUNTS

Interest collected on delinquent tax accounts will be prorated to the different agencies as required by law. All penalties assessed will be retained by the County to defray collection expenses. Any interest earned on the Tax Commissioner's checking account will remain the property of Spalding County.

IN WITNESS WHEREOF, the parties have hereunto executed this instrument this 3rd day of April, 2000.

CITY OF ORCHARD HILL

(L.S.) Robert G. Morgan, Sr.

Chairman, Board of Commissioners

Attest: (L.S.) Frances F. Jones Secretary

COUNTY OF SPALDING

(L.S.) M. Michael Kendall

Chairman, Board of Commissioners

Attest: (L.S.) Michael M. Ruffin

Clerk

Pursuant to the provisions of Section 48-5-359.1, the consent of the Tax Commissioner of Spalding County is required for this contract to be binding. By affixing her signature below, the Tax Commissioner of Spalding County, Sylvia Hollums, consents to the collection of the City taxes as set out in this agreement.

(L.S.) Sylvia Hollums,

Tax Commissioner

20. Consider approval of contract for Employee Assistance Program. County Manager Ruffin stated this is the same cost but with a different company as Charter Lake has gone bankrupt and we had to find another provider. Motion made by Commissioner Childres to approve contract with Center for Families. Commissioner Martha McDaniel seconded the motion and motion was unanimously approved by a vote of 4-0. Reference Contract #2000-04-03(C).

21. Consider request from Perry Coker for reimbursement of taxes paid on right of way deeded to the county since 1976. County Attorney Fortune addressed this item and stated that the statute Code Section 48-5-380 only allows for a refund up to three (3) years for taxes with no provision for interest or penalty. County Manager Ruffin stated that Mr. Coker has already received the three years refund but it asking for the rest back to 1976. Motion made by Commissioner Martha McDaniel to deny Mr. Coker’s request for refund beyond what he has already been paid.. Commissioner Childres seconded the motion and motion was unanimously approved by a vote of 4-0.

22. Consider approval of Agreement with Allen-Smith Consulting for EIP Grant Administration on Green Valley Road (Springs Industries) Project. The fees for this service will be $17,500. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres approval was unanimously approved by a vote of 4-0.

23. Consider approval of street renumbering plan for South Sixth Street. Commissioner Martha McDaniel stated that since Mr. Frank Harris had brought up that Zachary Holmes had suggested that “911” review this, she made a motion to table this item for Trudy McDevitt to review this and until she can bring back her recommendation. Commissioner Childres seconded the motion and motion to table was unanimously approved by a vote of 4-0.

24. Report from County Attorney relative to sale of alcohol by “bona fide” private clubs. County Attorney Fortune addressed this item. Mr. Fortune stated that this came up when Crisp Flynt contacted him regarding the Moose Club and brought his attention to Code Section which was authorized in 1996 to allow sales by private clubs. He said that he has been in touch with Wright Banks who is with the Attorney General’s office who represents the Department of Revenue in alcohol matters. He advised Mr. Fortune that the Department of Revenue had to issue a special license in addition to the county’s license. Mr. Fortune said that he communicated this to Mr. Flynt who talked to somebody in Department of Revenue and was told that Mr. Banks was mistaken that the department did not issue licenses and this was an unnecessary step. Mr. Fortune has tried several attempts to contact Mr. Banks but been able to talk with him and until he can speak with Mr. Banks and consider all ramifications, he would not want to give the Board any advice. Mr. Fortune stated that there is really no action for the Board to take at this time.

25. Discussion on the county private road policy in relation to Sunset Strip. Commissioner Martha McDaniel stated that we had maintained this road as well as Anne Street and Sockwell Drive until 1995 and then we quit taking care of these roads as they were not in the zoning ordinance. She suggested to the Board that we obtain prescriptive easements and start maintaining them again. Commissioner Massengale stated that Anne Street and Sockwell Drive are within the corporate limits of SunnySide, GA. Deputy County Manager Wilson stated that to maintain these two (2) roads we would have to have an intergovernmental agreement with the City of SunnySide.

Motion made by Commissioner Martha McDaniel to start maintaining Sunset Strip effective April 4, 2000 and to contact the City of SunnySide to see if they are interested in signing an agreement to have Spalding County maintain Anne Street and Sockwell Drive. Commissioner Childres seconded the motion and motion was unanimously approved by a vote of 4-0.

26. Mrs. McDaniel desires to discuss the May 2-3, 2000 Chamber Fly-In. Commissioner Martha McDaniel commented that if the Board had no objections that she, County Manager Ruffin and Michael Sabine will attend this Fly-In. She said that Mr. Sabine had arranged for members of the Area Transportation Committee to ride the commuter train from Manassas, Virginia to Washington, D.C. and then go back to Manassas and discuss the commuter rail with local officials. The cost per person is $485.00.

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres unanimous approval was given for she, County Manager Ruffin and Michael Sabine to attend the Washington Fly-In.

XII. REPORT OF COUNTY MANAGER

County Manager Ruffin commented that the WWTP application did not get funding. He said that he would be meeting with Bill Tenison this week and explore where we go from here. We will also contact the CDBG people from Department of Community Affairs to find out where we were weak on our application.

County Manager Ruffin commented that the CHIP (Community Home Improvement Grant) application was approved in the amount of $250,000 reserved for house improvements. He said there is a reception for the applicants of the grant recipients on May 17 and they would very much like for one of the Commissioners to go and receive the grant on behalf of the County. Commissioner Martha McDaniel volunteered to go and receive this grant.

XII. REPORT OF COMMISSIONERS

Commissioner Massengale had no comments.

Commissioner Martha McDaniel commented that she would like to see the county have their own speed monitor. She said that she would like to propose that either the Sheriff’s Department or NARC monies be used to purchase this monitor or Deputy County Manager Wilson investigate this to see if we could include this in our budget.

Commissioner Childres had no comments.

Commissioner Kendall stated that the county had received a letter from the Hospital Authority requesting assistance of the establishment of a public foundation, a duplication of the Health Care Trust as there is some question as whether the Hospital Authority could invest money as the Trust did but also spend the money as the Trust did. He asked County Attorney Fortune on behalf of the Board to review what the proper uses of public funds is and give his opinion as to whether or not this foundation can be established and legally can the Hospital Authority spend those dollars on which he considers to be public funds even though the Trust feels that the money is not generated from tax dollars and can be used for different reasons. It is the funding season for this money and the Hospital Authority wants to make sure there are no problems with giving out this money.

Commissioner Kendall made the Board aware of a problem at the Department of Health. He said that the District IV Health Services decided to move the Teen Center, which we have a grant for, off of Experiment Street for safety reasons as there was reported serious gang and drug activities going on this area to the extent that the local law enforcement agencies were unable to satisfactorily guarantee the safety of folks operating over there in this Center. He said that he finds this situation very disturbing that a very heavily traveled thoroughfare with a school located in this area and other businesses for our local law enforcement agencies to be taking the position that they have an area of town that people cannot be guaranteed safety. He said that we need to find out more about this problem and seriously ask these law enforcement agencies to look into this situation and find some way to do something about this. He said if the police are even scared to go over there, then we have a serious problem.

Commissioner Kendall stated that we have had an allegation of wrong doing made about a particular problem in a particular department of the county and commented that the necessary steps have been taken to investigate all these allegations and to determine whether or not there is any substance to any of these allegations.

XIII. CLOSED MEETING – n/a

XIV. ADJOURNMENT

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

County Clerk/County Manager Chairman

Agenda Topics

V. CITIZENS COMMENTS – n/a

VI. PUBLIC COMMENT

VII. MINUTES

X. NEW BUSINESS

XI. TERM OF AGREEMENT

XII. REPORT OF COUNTY MANAGER

SPECIAL CALLED MEETING