EXTRAORDINARY SESSION

The Board of Commissioners of Spalding County, Georgia, held their extraordinary session on Thursday, April 20, 2000 in their office in the Courthouse Annex in the City of Griffin, Spalding County, Georgia, beginning at 6:00 o’clock p.m. with Commissioners Earle Childres, Martha McDaniel, Merrill Massengale, Johnie McDaniel and Michael Kendall present. Also present were County Manager Mike Ruffin, Deputy County Manager William Wilson, County Attorney Jim Fortune and Executive Secretary Phyllis Doane.

Agenda Topics

I. OPENING (CALL TO ORDER) – Chairman Kendall

II. INVOCATION - Rev. Randy Valimont The Invocation was given by County Manager Ruffin in the absence of Rev. Valimont.

III. PLEDGE TO FLAG - Led by Chairman Kendall

IV. PRESENTATIONS/PROCLAMATIONS/RECOGNITION

1. Consider approval of a Proclamation “Nunc Pro Tunc” Honoring the Selection of Dr. Coy L. Hodges as the Griffin Exchange Club’s Man of the Year for 1999. Upon motion by Commissioner Kendall, seconded by Commissioner Childres the following Proclamation was unanimously approved by a vote of 5-0.

A PROCLAMATION HONORING THE SELECTION OF DR. COY L. HODGES AS THE GRIFFIN EXCHANGE CLUB’S MAN OF THE YEAR FOR 1999

WHEREAS, the Griffin Exchange Club has selected Dr. Coy L. Hodges as its 1999 Man of the Year; and

WHEREAS, Dr. Hodges is a native of Reidsville, Georgia, and married to the former Linda Sloan for 37 years; the loving father of three sons, Chris, Craig and Cliff; the proud grandfather of six grandchildren, Bryson, Blake, Elizabeth, Anna, Cliff, Jr., and Coy; and

WHEREAS, Dr. Hodges is an active member of the First United Methodist Church; and

WHEREAS, Dr. Hodges is President of Griffin Technical Institute, a position he has held since 1981, after having served as Coordinator of Student Services since 1966; and

WHEREAS, Dr. Hodges’ vision and leadership for Griffin Tech is evidenced by the rapid growth the institution has experienced since 1981 as well as the statewide reputation Griffin Tech has earned for the quality of instruction that is offered.

WHEREAS, Dr. Hodges’ accomplishments since becoming President in 1981 are secured funding for major renovations of the Main Building, the 16,256 square-foot Academic Building and the 26,000 square foot addition to the Main Building; acquired 11 acres of additional property for expansion; increased student enrollment over 49 percent during the past five years; provided leadership for the formulation of the 30-member Griffin Tech Foundation Board, which was incorporated in 1989; facilitated the transition from local governance to state governance; and provided leadership for the transfer of Adult Education to Griffin Technical Institute.

NOW THEREFORE BE IT RESOLVED, by the Board of Commissioners of Spalding County that Tuesday, April 18, 2000 is hereby proclaimed as

“Coy L. Hodges Day”

to recognize his contributions to Spalding County and honor his selection as Man of the Year.

BE IT FURTHER RESOLVED that a copy of this Proclamation is to be spread in the minutes of the proceedings of this Board to memorialize Dr. Hodges’ contributions to the citizens of Spalding County and commemorate his selection as the Griffin Exchange Club’s Man of the Year for 1999.

This the 18^th Day of April, 2000.

V. CITIZENS COMMENTS – n/a

VI. PUBLIC COMMENT

Mr. Richard Ingram gave his address as 300 N. Pomona Road and commented that he was in support of Tom Dean in his quest for some resolution with the problem at Cherokee Rose and also made comments on the rezoning of Teamon Road. He said that he felt like the continuances had been going on long enough and asked for some resolution tonight and vote one way or the other. He said that no contact had been made with JVR & Associates and the residents to try and get something worked out.

Commissioner Kendall commented that Ms. Short has submitted something to him altering their proposition but with some of the Commissioners attending the ACCG convention out of town, he has not been able to speak with everybody about the details of their proposal. They wanted to see how their proposal was going to be received before presenting it to the residents in this area.

Mr. Tom Dean gave his address as 1250 Teamon Road and made comments in appreciation for Mr. Kendall coming out to his property last weekend and invited the rest of the Board to come out also. He said they were shooting on Palm Sunday and was sure they would be shooting on Easter Sunday too. He said the citizens are meeting each week and are making some headway. He said that he appreciates the Board’s understanding and the interest they have shown. He said that he was obtaining a decibel meter to check the noise coming from the shooting resort. He said that the noise coming to his yard was unbearable.

Commissioner Kendall stated that the time that he spent out there, he could honestly say that this place is an incompatible use with the residential area. He said that this place and the residents are not going to be able to co-exist at the same time but he does not know of anything that can be done about it.

Ms. Gail Dean gave her address as 1250 Teamon Road and also thanked Mr. Kendall for coming out to see the problem in this area. She said that she also supported a resolution tonight of the Team Road Application.

VII. MINUTES

1. Consider approval of the minutes for the Public Hearing of March 23, 2000; Regular Meeting of April 3, 2000 and Special Called Meeting of April 6, 2000. Upon motion by Commissioner Childres, seconded by Commissioner Massengale the minutes were unanimously approved by a vote of 5-0.

VIII. CONSENT AGENDA – n/a

IX. OLD BUSINESS

1. Consider approval of street renumbering plan for South Sixth Street. There is an inconsistency in the numbers on South Sixth Street as you make the transition from City to County and the confusion has been brought to Tim Whalen and staff. A list has been drafted from the Tax Assessor’s Office of addresses that would need to be changed on South Sixth Street to rectify the numbering problem. County Manager Ruffin asked that there would be an effective date of July 1, 2000 so everyone can be properly noticed.

Motion by Commissioner Childres to approve the new numbering plan for South Sixth Street effective July 1, 2000. Commissioner Massengale seconded the motion and motion was unanimously approved by a vote of 5-0. The Board asked Tim Whalen and the 911 User Committee to look at all other transition streets and report back to the Board for their review.

2. Consider approval at second reading Rezoning Application 99-45Z – JVR Associates, LLC. Commissioner Kendall stated that this matter was put back on the agenda prior to having to talk Ms. Short in the event that she needed to come. He said that we had some board members out of town at the ACCG Convention and he could not find them to find out what they wanted to do. He was not able to get this information from Ms. Short to them to be discussed tonight and he had told Ms. Short that he would take it off the agenda and have a resolution on the 1^st Monday in May. He said that he had just talked to Mr. Massengale and Mr. McDaniel today and had not been able to contact Mr. Childres or Mrs. McDaniel.

Commissioner Childres commented that this had already been postponed since March 2000 and in the past we have denied multiple tabling. He said that he understands this has not been tabled but postponed; however, the course of business is for the applicant to deal with staff, not with the Commissioners and this is what is confusing to him.

Commissioner Massengale commented that he was not real comfortable negotiating with people on the second reading and feels the community deserves a little better treatment than this. They want this issue resolved once and for all and so do I.

Commissioner Kendall stated that the concept of rezoning somebody’s property against his or her will is an unorthodox proposition in the first place. He said that this Board has gone way past anything that he has ever seen from any County Commission. He said that his understanding was that we were attempting to give these people some opportunity to come up with some other proposal to see if it was acceptable to the residents and us.

Commissioner Martha McDaniel commented that she feels like they have had ample time to contact the citizens and present their proposal to us as they have had six (6) weeks to do this.

Motion made Commissioner Childres to deny rezoning request of Application #99-45Z to R-2 and to approve on second reading the rezoning of the property to AR-2. Commissioner Massengale seconded the motion.

Commissioner Kendall commented that he told staff to put this on the agenda but the applicants did not know that this was on the agenda. Commissioner Kendall commented that they would have to start all over again and file a new petition if they want to do something other than the way you zoned it. Mr. Kendall stated until you vote upon this at second reading there has been no action taken, then you can change the process. Commissioner Massengale asked what is the earliest that they can refile if this motion passes tonight. The discussion that followed was that the applicant could refile immediately after the meeting. County Manager Ruffin stated that the language is very important here. He said as I understand it from Zoning Attorney Newton Galloway the petition is not being denied because if it is denied it has to lapse for a year but if you rezone the property to something else, the property owner has the right tomorrow morning to submit a new application or submit one exactly as they did. Commissioner Massengale commented that he understands.

Commissioner Kendall commented that today is the 20^th and we meet again on May 1^st and if ten (10) days is going to make a difference one way or the other, we can put this back on the agenda then and let the developer have some representation. Commissioner Massengale commented that we might be doing these people a favor by starting the process over as quickly as possible.

Commissioner Kendall called the question. The minutes reflect that Commissioner Kendall voted both ways. He mistakenly raised his hand in favor of the motion making the vote 4-1 voting with Commissioners Martha McDaniel, Earle Childres, and Merrill Massengale but changed his vote to against the motion when he realized how he had voted and announced this prior to announcing the final vote. The final vote was 3-2 with Commissioners Martha McDaniel, Earle Childres and Merrill Massengale voting for the motion and Commissioners Johnie McDaniel and Michael Kendall voting against the motion. The motion passed by a vote of 3-2.

IN RE:

APPLICATION OF BRENDA ROBERTSON-SHORT AND JVR ASSOCIATES, LLC, INC.

FOR REZONING CERTAIN PROPERTY

LOCATED WITHIN SPALDING COUNTY,

GEORGIA;

REZONING APPLICATION 99-45Z

RESOLUTION AMENDING

THE ZONING ORDINANCE OF SPALDING COUNTY, GEORGIA

AND

THE OFFICIAL ZONING MAP OF SPALDING COUNTY, GEORGIA

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

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

WHEREAS, under the Zoning Ordinance of Spalding County, Georgia and the Official Zoning Map of Spalding County, Georgia the within described property is currently classified under the zoning classification entitled “AR-1, Agricultural and Residential;”

WHEREAS, Brenda Roberson-Short and JVR Associates, LLC, applicants, applied for a change in zoning classification to be applied to the within described property to “R-2, Single Family Residential;”

WHEREAS, such application was filed with Spalding County, Georgia on December 22, 1999;

WHEREAS, such application was reviewed by the Spalding County Planning Commission, and a hearing on the application was conducted by the Board of Commissioners of Spalding County, Georgia on 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 tract or parcel of land situate, lying and being in Land Lots 138, 139, 151, and 152 of the 3^rd Land District of Spalding County, Georgia, containing 196.74 acres, more or less, and being more particularly described as follows: Begin at an iron stake found (“I.S.F.”) at the common corner of Land Lots 137, 138, 151, and 152 of the 3^rd Land District of Spalding County, Georgia, and from said Point Of Beginning run north 88°32’13” west a distance of 711.28’ to an I.S.F.; then run north 88°31’34” west a distance of 377.98’ to an I.S.F.; then run north 02°52’52” west a distance of 1,320.44’ to an iron stake place (“I.S.P.”) then run north 02°52’52” west a distance of 525.00’ to an I.S.P.; then run north 09°53’01” west a distance of 283.30’ to a point; then continue north 09°53’01” west a distance of 121.63’ to an I.S.P.; then run north 59°31’09” west a distance of 916.14’ to an I.S.P. on the southeasterly right of way line of North Pomona Road; then run north 26°19’17” east a distance of 480.95’ to a point; then run south 56°45’07” east a distance of 316.03’ to a point; then run north 34°51’01” east a distance of 377.63’ to a point on the southwesterly right of way line of Teamon Road; then run south 53°50’27” east a distance of 354.60’ to a point at the beginning of curve 1; then run in a southeasterly direction a distance of 392.19’ along the arc of curve 1, concave to the southwest and having a radius of 1,861.10’ to a point at the end of curve 1 lying south 47°48’15” east a distance of 391.47’ from said point at the beginning of curve 1 when measured along the chord; then run south 41°46’00” east a distance of 218.97’ to a point at the beginning of curve 2; then run in a southeasterly direction a distance of 582.97’ along the arc of curve 2, concave to the northeast and having a radius of 630.00’ to a point at the lying south 68°16’35” east a distance of 562.39’ from said point at the beginning of curve 2 when measured along the chord; then run north 85°12’52” east a distance of 201.70’ to a point; then run south 01°41’32” east a distance of 650.00’ to a point; then run south 85°12’52” west a distance of 418.00’ to a point; then run south 01°41’32” east a distance of 375.00’ to a point; then run north 85°12’52” east a distance of 1,045.00’ to a point; then run north 01°41’32” west a distance of 375.00’ to a point; then run south 85°12’52” west a distance of 327.00’ to a point; then run north 01° 41’32” west a distance of 650.00’ to a point on the southeasterly right of way line of Teamon Road; then run north 85°12’52” east a distance of 910.78’ to a point at the beginning of curve 3, then run in a northeasterly direction a distance of 157.30’ along the arc of curve 3, concave to the southeast and having a radius of 2,878.74’ to an I.S.F. at the end of curve 3 lying north 86°46’48” east a distance of 157.28’ from said point at the beginning of curve 3 when measured along the chord; then run south 00°00’25” west a distance of 1,124.60’ to an I.S.F., then run south 89°26’13” east a distance of 728.87’ to an I.S.F.; then run south 88°45’01” east a distance of 250.41’ to an I.S.F.; then run south 00°43’37” west a distance of 709.14 to an I.S.F.; then run south 89°23’51” west a distance of 709.67’ to an I.S.F.; then run south 02°02’38” east a distance of 549.77’ to an I.S.F., then run south 02°12’28” east a distance of 700.71’ to an I.S.F.; then run north 89°57’00” west a distance of 1,780.75’ to an I.S.F.; then run north 01°19’03” east a distance of 516.58’ to an I.S.F. and the Point of Beginning.

Said tract of land above described is more particularly shown on a certain plat prepared by G. Tim Conkle, Land Surveyor, dated August 11, 1999. Said plat is incorporated herein and made a part hereof for all purposes.

Being a portion of the real estate conveyed by William L. Evans and John T. Bolton to JVR Associates, L.L.C. by Warranty Deed dated April 3,1 997, and recorded in Deed Book 1433, Pages 90-91, Clerk’s Office, Spalding Superior Court.

From “AR-1, Agricultural and Residential” to “AR-2, Rural Reserve” 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 Lots 138, 139, 151, and 152 of the Third Land District of originally Henry, now Spalding County, Georgia, consisting of approximately 196.74 acres, zoned AR-2.

(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.

3. Consider approval at second 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 the following amendment was unanimously approved by a vote of 5-0.

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

A. Revenues

Taxes From $ 16,007,121 to $ 16,057,121

Licenses and Permits From $ 335,940 to $ 297,940

Charges for Services From $ 2,513,734 to $ 2,501,234

Approved on first reading this 3^rd day of April, 2000.

Approved, adopted and enacted on second reading this 20^th day of April, 2000.

4. Consider approval at second reading of an Ordinance to amend the Spalding County Code relative to No Parking Zone on Aerodrome Way. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Johnie McDaniel the following ordinance was unanimously approved by a vote of 5-0.

SPALDING COUNTY, GEORGIA

NO PARKING ZONE

ORDINANCE NO. 2000-05

AN ORDINANCE

TO AMEND THE CODE OF SPALDING COUNTY, GEORGIA, TO PROVIDE FOR NO PARKING ZONES ON CERTAIN COUNTY ROADS; TO PROVIDE FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

BE IT RESOLVED AND ORDAINED by the Board of Commissioners of Spalding County, Georgia, as the governing authority of said County, as follows:

Section 1. That the Code of Spalding County, Georgia, be amended in Part VII, Chapter 1, Section 7-1004, relating to no parking zones on streets by inserting new paragraph (29), said new paragraph to read as follows:

“(29) Aerodrome Way from Carver Road to Lakeside Road.”

Section 2. The within ordinance shall be and become effective immediately upon its adoption by the affirmative vote of a majority of the members of the Board of Commissioners of Spalding County, Georgia present at two meetings, as provided in Section 2-1005 of the Code of Spalding County, Georgia; and, upon the erection of signs as required herein by the public works forces of Spalding County, Georgia.

Section 3. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed.

5. Consider motion to lift from the table request from Regency Development Associates relative to support for elderly housing complex. Upon motion by Commissioner Johnie McDaniel, seconded by Commissioner Martha McDaniel lift from the table was unanimously approved by a vote of 5-0.

Motion made by Commissioner Martha McDaniel to table this item indefinitely. Commissioner Johnie McDaniel seconded the motion and motion was unanimously approved by a vote of 5-0.

X. NEW BUSINESS

1. Consider request from Chamber of Commerce for tourism funds. The request from the Chamber is $8,500 to be used for advertisement and the May Fling. Upon motion by Commissioner Childres, seconded by Commissioner Martha McDaniel request was unanimously approved by a vote of 5-0.

2. Consider approval of Financial Statements for the Nine Months Ended March 31, 2000. Ms. Jinna Garrison was present to answer any questions. Upon motion by Commissioner Childres, seconded by Commissioner Johnie McDaniel Financial Statements were unanimously approved by a vote of 5-0.

3. Consider request for rental of East Broad Street property from Iceman Productions. Commissioner Martha McDaniel requested that the rental income from this movie production company ($200) be included in the renovation of the Old Courthouse fund. Commissioner Martha McDaniel made a motion to approve rental of East Broad Property along with her request for proceeds to go into the renovation fund. Commissioner Childres seconded the motion and motion was unanimously approved by a vote of 5-0.

4. Consider replacement of Ancil Baird to the McIntosh Trail Community Service Board due to conflict of interest. (Approve for Board of Health to recommend). Commissioner Childres stated that his only concern is that Mr. Baird is aware of this conflict and asked staff to verify that he has been apprised of this before the Board takes any action.

Commissioner Childres made a motion that this be tabled and placed on the May 1^st Agenda and submit nominations from the Board of Health and also have staff to contact Mr. Baird to make sure that he understands the action we are about to take. Commissioner Martha McDaniel seconded the motion and motion was unanimously approved by a vote of 5-0.

County Manager Ruffin stated that the conflict is that Mr. Baird is an employee of the Georgia Baptist Children’s Home and the attorney for the Community Service Board has ruled that such an appointment would violate Georgia Law.

5. Approve submission of grant for Fire Department to Hospital Authority. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Johnie McDaniel submission of grant was unanimously approved by a vote of 5-0. The grant is for funding for a new Fire Safety House and tow vehicle.

6. Consider approval of amendment to Lease Agreement for 115 East Solomon Street property. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the following amendment was unanimously approved by a vote of 5-0.

AMENDMENT OF LEASE AGREEMENT

THIS AMENDMENT of a Lease Agreement is made this the 20^th of April, 2000, and is entered into between Spalding County, a Political Subdivision of the State of Georgia (hereinafter referred to as “Landlord”) and Bill Rice (hereinafter referred to as “Tenant”):

WHEREAS, the parties hereto entered into a Lease Agreement dated December 16, 1997 for the lease of a building located at 115 East Solomon Street, in the City of Griffin, Spalding County, Georgia; and

WHEREAS, said lease provided for a term of one year and gave the Tenant the right to renew said lease and to extend same until June 30, 1999; and

WHEREAS, the parties did extend the Lease to continue unabated until June 30, 2000; and

WHEREAS, the parties now desire to extend the Lease beyond the term originally contemplated:

NOW, THEREFORE, in consideration of the mutual benefits flowing to the parties hereto it is mutually agreed as follows:

That the term of this Lease shall continue unabated until June 30, 2002, at which time I shall terminate absolutely. Tenant shall have no right of renewal beyond June 30, 2002.

All other terms and provisions of the Lease Agreement dated December 16, 1997 shall remain in full force and effect.

INWITNESS WHEREOF, the parties herein have hereunto set their hands and seals or caused this instrument to be executed through authorized officials in their name, in triplicate, the day and year first above written.

LANDLORD

(L.S.) M. Michael Kendall

Spalding County Board of Commissioners

TENANT

(L.S.) Bill Rice

7. Consider approval of agreement for the collection of taxes for the City of Sunny Side. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres Agreement was unanimously approved by a vote of 5-0 as follows:

AGREEMENT BETWEEN THE CITY OF SUNNYSIDE AND

SPALDING COUNTY, GEORGIA FOR THE COLLECTION

OF CITY TAXES

THIS AGREEMENT is made and entered into this 20th day of April, 2000, by and between the City of Sunnyside, 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 Sunnyside.

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:

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LEGAL AUTHORITY

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

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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 Sunnyside 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.

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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 31^st 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.

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COLLECTION OF TAXES

The Tax Commissioner of Spalding County shall collect all ad valorem taxes due to the City of Sunnyside 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.

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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.

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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.

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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 Sunnyside 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 Sunnyside 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 Sunnyside.

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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.

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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.

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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.

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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 20th day of April , 2000.

CITY OF SUNNYSIDE

(L.S.) James T. Channell

Chairman, Board of Commissioners

Attest: (L.S.) William R. Slaughter

Secretary

SPALDING COUNTY

(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

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Date

8. Consider date in May for workshop meeting with Planning Commission. Motion by Commissioner Childres to give the Planning Commission a target date of Thursday, June 1, 2000 at 6:00 p.m. Commissioner Martha McDaniel seconded the motion and motion was unanimously approved by a vote of 5-0.

9. Consider final adoption of the Short-Term Work Program: 2000-2004. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the following Resolution was unanimously approved by a vote of 5-0.

RESOLUTION AMENDING

THE SPALDING COUNTY, GEORGIA COMPREHENSIVE PLAN

(1994-2014)

WHEREAS, the Board of Commissioners of Spalding County, Georgia adopted by Resolution the “Spalding County Comprehensive Plan 1994-2014” on October 18, 1994 and therein adopted an implementation strategy for such plan;

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 revisions to be implementation strategy, particularly the development of a modified Short Term Work Program;

WHEREAS, such revisions to the Implementation Strategy of the Spalding County Comprehensive Plan 1994-2014 were reviewed by the Spalding County Planning Commission, and a hearing thereon was conducted by the Board of Commissioners of Spalding County, Georgia, on September 21, 1999 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 revisions to the Implementation Strategy, as contained in the proposed Short Term Work Program, 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 at such hearing adopted and approved the implementation of the Short Term Work Program as being in conformity with sound comprehensive planning principals and being of substantial benefit to the public and in the promotion of the best interests and general welfare of the people;

WHEREAS, the Board of Commissioners of Spalding County, Georgia, in compliance with state law, submitted the Short Term Work Program to McIntosh Trail Regional Development Center for review and approval by that agency and adjoining governments;

WHEREAS, the Board of Commissioners of Spalding County was notified on March 20, 2000 that the Short Term Work Program was reviewed and approved by any and all applicable governmental agencies;

NOW, THEREFORE, IT SHALL BE AND IS HEREBY RESOLVED by the Board of Commissioners of Spalding County, Georgia, that the Spalding County Comprehensive Plan, 1994-2014 shall be and is hereby amended as follows:

Section 1. The Short Term Work Program, attached hereto as Exhibit “A” (filed in Planning & Zoning Office) and incorporated herein as if fully set forth shall be and is hereby made a provision of the Spalding County Comprehensive Plan, 1994-2014 and shall be included following the current provisions contained in Article XI thereof, entitled: “Implementation Strategy”.

Section 2. The foregoing amendments to the Spalding County Comprehensive Plan shall become effective immediately upon adoption of this resolution.

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

10. Report of Wastewater Management Plan. Mr. Steve Sheets, W. L. Jorden & Co. and Pedro Rossello, Engineering Strategies were present to address the Board of Commissioners on this matter. Before the presentation was made Commissioner Martha McDaniel commented that she had only received a copy of the report just before the meeting began and was not prepared to take any action on anything.

Mr. Sheets gave a brief summary of the Plan. The purpose of the Plan is to try to extend sewer service outside the City of Griffin into the unincorporated areas of the county. The total cost to extend sewer is $93 Million (at today’s cost) over a fifteen (15) year period covering 76% of the population of Spalding County. To accomplish this there will need to be five plants in the county, three (3) that already exist and will be updated which are Potato Creek, Cabin Creek and Shoal Creek plants and two (2) new plants, which are the plant over at Highway 16 corridor and the northeast Spalding plant. He said they would be using the most of the existing trunk lines that they can. He said the Plan targets 50 to 75% collection of the existing homes and 90% collection of the new homes and development that comes to the County during this period. The $93 Million does not include capital cost, which is land acquisition, engineering fees or management. This Master Plan will go to EPD for approval and the priorities will be decided between the County and the City.

Motion made by Commissioner Kendall that the Wastewater Management Plan as submitted by the Sewer Task Force be approved. Commissioner Johnie McDaniel seconded the motion.

Commissioner Childres commented that there were a couple of things he would like to have resolved before voting on this, which were all Board members have not had a chance to review this and the annexation issue.

Commissioner Martha McDaniel reiterated again that she had not been able to study the report and would feel very uncomfortable voting for something as important as this is without having read the document.

Commissioner Kendall called the question. Commissioners Merrill Massengale, Johnie McDaniel and Michael Kendall voted for the motion to approve. Commissioner Earle Childres voted against the motion and Commissioner Martha McDaniel abstained. The motion passed by a vote of 3-1-1.

Commissioner Kendall called for a five-minute recess at this time.

Commissioner Kendall called the meeting back to order.

XI. REPORT OF COUNTY MANAGER

County Manager Ruffin introduced the new Code Enforcement Officer, Mike Heath. He said he comes from the Sheriff’s Department and is a sworn deputy.

County Manager Ruffin announced that Michael Sabine has been appointed to the position of Customer Service Coordinator and will begin his duties Monday, April 24^th. Michael was formerly with McIntosh Trail Regional Development Center as their Human Services Planner. He will continue here to monitor commuter rail, environmental issues in addition to his duties in the Customer Service Program. He will also be the editor for our website.

County Manager Ruffin gave an update on the City Park Gym Improvements. He said after meeting with the City he believes that the County will be able to make the modifications in accordance with City Code and can stay within our budget.