PUBLIC HEARING

A public hearing was held by the Spalding County Board of Commissioners in their office in the Courthouse Annex, Thursday, April 27, 2000 beginning at 6:00 o’clock p.m. with Commissioners, Michael Kendall, Martha McDaniel, Merrill Massengale, Johnie McDaniel and Earle Childres present. Also present were Deputy County Manager William Wilson, County Planner Nancy Moon, Zoning Attorney Newton Galloway and Executive Secretary Phyllis Doane.

AGENDA

1. Call to order – Chairman Kendall

2. Special Exceptions and Rezoning Requests:

Application #00-19S: Trustees of Victory Tabernacle Church of God, Owners – Michael Quicke, Agent – 210 Central Lake Circle – requesting a Special Exception for a church (expansion of existing church). Mr. Michael Quicke gave his address 210 Central Lake Circle and stated that they were requesting this Special Exception to build a gymnasium.

There was no one else signed up to speak for or against this Application.

Upon motion by Commissioner Childres, seconded by Commissioner Massengale Application #00-19S was unanimously approved by a vote of 5-0.

Application #00-20S: Charlie T. Bostwick, Owner – Brenda Wing, Agent – 450 Mangham Road – requesting a Special Exception to allow a Class A Manufactured Home in the AR-1 District. Applicant withdrew this application.

Application #00-22S: C. M. and Linda G. Pitts, Owners – Wendy Brown, Agent – 720 Shoal Creek Road – requesting a Special Exception to allow a Class A Manufactured Home in the AR-1 District. Mr. Chance Pitts gave his address as 720 Shoal Creek Road and stated this would be a modular home placed on his property for his daughter, Wendy Brown. Mr. Chance stated that he has a nice home on his property, which consists of fifty (50) acres, and he was giving her two acres to put this mobile home on. The Commissioners were presented pictures of this modular home that she is purchasing to put on this property. The cost of the modular home is $74,000 and Ms. Brown stated that they were already in the process of applying for a conventional loan before she even knew about having to apply for a Special Exception permit.

There was no one else signed up to speak for or against this application.

Commissioner Kendall stated that the recommendation from Staff was to deny because this would change the character of the neighborhood. The Staff report grid shows that out of sixteen (16) homes only one (1) is a manufactured home, which shows the trend, is conventional homes. The recommendation from the Board of Zoning Appeals was to approve.

Mr. Chance disagreed with the staff report as he commented that there were fifteen (15) homes on this road and half of them were double wides. It was also pointed out that only one of these was north of the landfill. All the rest were south of the landfill. It was also noted that Mr. Chance’s property is north of the landfill.

Nancy Moon, County Planner stated that this application was filed before the current criteria regarding special exception manufactured home applications were adopted; therefore the compatibility standards criteria could not be applied.

Commissioner Childres commented because this is family property he moved that Application #00-22S be approved. Commissioner Martha McDaniel seconded the motion.

Commissioner Massengale commented that we have established some rules to go by and now we seem to want to change the rules.

Commissioner Martha McDaniel and Commissioner Johnie McDaniel commented that they felt like these people are victims of our decision and they got caught in the middle. Zoning Attorney Newton Galloway stated that this application does postdate the compatibility standards but does not the Special Exception.

Motion by Commissioner Martha McDaniel, seconded by Commissioner Childres to call the question. Chairman Kendall called the question. Commissioners Martha McDaniel, Earle Childres, Johnie McDaniel and Michael Kendall voted for the motion to approve. Commissioner Massengale voted against the motion. The motion to approve passed by a vote of 4-1.

Application #00-23S: Dianna Morse, Owner – Dora Jane Smith Realtors, Agent – 265 Chuli Road – requesting a Special Exception to allow a Class A Manufactured Home in the AR-1 District. Ms. Dora Jane Smith gave her address as 714 Maple Drive and stated that she was representing Ms. Dianne Morse. She said that Ms. Morse too had already started the process of placing this mobile home before they realized what they had to do. She said the cost of the home is $80,000 with total of land and unit being $102,000. Ms. Smith said there were more mobile homes in this area than conventional housing.

There was no one else signed up to speak for or against this application.

Staff recommended approval of this application as the property adjoins an area predominately developed with manufactured homes. Board of Zoning Appeals also recommended approval.

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres Application #00-23S was approved by a vote of 4-1 with Commissioner Massengale voting against.

Application #00-14S: Archer Scudder, Jane Scudder, Mark S. Scudder and Shari R. Scudder, Owners – Stevens Consultant Services, Agent – 0.969 acres on Moreland Road, located in Land Lot 106 of the 2^nd Land District – requesting a Special Exception to allow a telecommunications tower in the AR-1 District. Mr. Mark Scudder gave his address as 1714 Ridge Street and asked that this be approved to allow a 195 ft. tower to accommodate six (6) users. He said that this was needed in this area, as this is a dark area where there is no communication accessible. He said that this is already an industrial area and there are already two (2) existing towers in this area.

Commissioner Johnie McDaniel questioned how do we get coverage on the towers and why we continue to need more and more towers and why one 199 ft. high out here if there is designated coverage areas, which he has been told by BellSouth, his carrier. BellSouth does not use the tower on Moose Lodge Road.

Mr. Scott Stevens, Stevens Consultant Services addressed this application. He gave his address as 3108 Madison Drive, Atlanta, GA. Mr. Stevens addressed the questions Commissioner Johnie McDaniel had asked. He said there are eight licenses in every market and in Atlanta you see six competitors, BellSouth, AirTouch, Nextel, Sprint, PowerTel and AT&T. You see those six down here but you also see Cellular One. He said what you run into is very close to Griffin you have a dividing line where licenses stop. They cover Griffin north and east of here but not south. Because you have these seven or eight different carriers, which are actively competing, each one is slowly expanding their coverage in the area. He said that you are beginning to see some of these carriers trying to build down as far as Barnesville, which are Nextel and AirTouch; however, BellSouth is not one of them that have expanded. Cellular One has the Griffin area and South.

He said that they were requesting this 199 ft. tip height, 195 ft. monopole because it is 45 ft. higher than can be approved administratively on this lot. They intend to allow for six (6) users. At the present time they do not have anyone else signed to use the tower but they have two (2) users waiting on the approval before committing. They would not give a letter of commitment prior to approval. No lighting is required for this tower. He said that the proposed site is located in a predominantly industrial/commercial area and should have a minimal impact. He said they were trying to cover the 19/41 intersection.

There was no one else signed up to speak for or against this application.

Upon motion by Commissioner Massengale, seconded by Commissioner Johnie McDaniel Application #00-14S was unanimously approved by a vote of 5-0.

Motion made by Commissioner Martha McDaniel, seconded by Commissioner Childres and unanimously approved to have a five-minute recess.

Chairman Kendall called the meeting back to order.

Application #00-17S: John R. Allison, James L. Allison & Roda C. Allison, Owners – GeoTrans Wireless, Agent – 1180 South Walkers Mill Road – requesting a Special Exception to allow a telecommunications tower in the AR-1 District. Mr. Allen Richardson, GeoTrans Wireless gave his address as 1080 Holcomb Bridge Road, Roswell, GA and stated on behalf of his company was requesting a special exception permit for Nextel to construct and operate a Telecommunications Tower at 1087 South Walkers Mill Road. He said this tower would be on approximately 109 acres and is heavily wooded, which would be a buffer to this tower. He said this would a 250 ft. self-supporting tower with Nextel as the anchor tenant with four (4) more possible carriers.

Mr. Robert P. Edwards gave his address as 1599 Rehoboth Road, which his property abuts the Allison property in the southeast corner, and stated he was opposed to this tower. He said that he had also been approached several months ago of an offer to construct this tower on his property but he had turned it down. He said the reason is because this is a residential area, not industrial area and also this property has total access to city sewage as it is within three (3) miles of the Griffin City Limits.

Ms. Cassandra Allison from Nextel addressed the Board and stated that Nextel builds towers for their own system but will co-locate with spec tower companies. Nextel has a license to operate and our towers are designated for our use. She said that we site them to fit into our system where spec tower companies are siting where they think it will fit into some carrier’s system. She said that Nextel does have contracts with most of the spec towers in this area.

Zoning Attorney Newton Galloway stated that the ordinance reads where the tower only has to accommodate three (3) carriers at a certain height rather than to have specific contractual arrangements already in place before the tower is built. The ordinance is worded that the opportunity is there for somebody to get authority to build spec towers without having to have contractual arrangements or have a specific provider as does GeoTrans.

Staff recommended approval of this Application.

Upon motion by Commissioner Kendall, seconded by Commissioner Massengale Application #00-17S was approved by a vote of 4-1 with Commissioner Childres voting against.

Commissioner Johnie McDaniel asked Ms. Moon if she could develop the Commissioners a map of the location of all the current towers and the height of each one for our general information. Ms. Moon commented that staff was already working on this.

Application #99-38Z: Regional Properties, Inc., Owner – for 4.759 acres on Lot 1 Pineview Road (Pineview Manor Subdivision), located in Land Lot 132 of the 3^rd Land District – requesting a rezoning from R-2, Single Family Residential, to R-2A, Single Family and Two Family Residential.

Application #99-39Z: Regional Properties, Inc., Owner – for 11.971 acres on Lot 9 Dobbins Mill Road (Dobbins Mill Estates Subdivision), located in Land Lot 134 of the 3^rd Land District – requesting a rezoning from R-2, Single Family Residential, and AR-1, Agricultural and Residential, to R-2A, Single Family and Two Family Residential.

Application #99-40Z: Regional Properties, Inc., Owner – for 8.354 acres on Lot 19 Pineview Road (Pineview Manor Subdivision), located in Land Lot 133 of the 3^rd Land District – requesting a rezoning from R-2, Single Family Residential, to R-2A, Single Family and Two Family Residential.

Mr. Ronald Isbell, gave his address as 994 Brentmore Lane, Kennesaw, GA and represents Regional Properties, Inc. He stated that under the R-2 zoning, modular homes were permitted. He said there are presently sixteen (16) modular homes located in this development which is presently 90% sold out in the Pineview Manor Subdivision. He said the same applies to the 11.971 acres on Dobbins Mill Road and also the 8.354 acres on Pineview Drive. He said there are at least nine (9) mobile homes on both roads. He said these pieces of property were approved 2 to 2 ½ years ago and are basically putting them back on the market for modular homes.

Chairman Kendall stated that the Staff recommendation was for denial as this type housing would not be consistent with the trend in the area because the area has seen more development of conventionally constructed homes. Pineview has some nice homes going up there being built by Greg Pruitt, which are spec homes.

Motion made by Commissioner Martha McDaniel to deny Application #99-38Z. Commissioner Childres seconded the motion.

Mr. Greg Pruitt asked if he could speak at the time. He gave his address as 55 Partridge Path and stated that he had purchased four (4) lots on Pineview Road and building spec homes of 1250 SF. He said that he had a pre-sell out there of 1500 SF. He said that he has helped get county water on this road. He said he was aware of all the old manufactured homes but everything put in lately have been nice site-built homes and that is why he is building out there.

Motion made by Commissioner Martha McDaniel and seconded by Commissioner Childres for the chairman to call the question.

Chairman Kendall called the question for Application #99-38Z. Commissioners Martha McDaniel, Earle Childres and Johnie McDaniel voting in favor of the motion to deny and Commissioners Michael Kendall and Merrill Massengale voted against the motion. The motion to deny passed by a vote of 3-2.

Motion made by Commissioner Martha McDaniel to deny Application #99-39Z. Commissioner Childres seconded the motion and motion was unanimously approved by a vote of 5-0.

Motion made by Commissioner Martha McDaniel to deny Application #99-40Z. Commissioner Childres seconded the motion and motion was denied by a vote of 4-1 with Commissioner Kendall voting against.

Application #00-12Z: Michael P. Roberts, Owner – Henry C. Pollock, Agent – 4.707 acres on Pineview Road (Lot 7), located in Land Lot 132 of the 3^rd Land District – requesting a rezoning from R-2, Single Family Residential, to R-2A, Single Family and Two Family Residential. Mr. Henry Pollock gave his address as 50 Susan Terrace and stated he was planning to put a manufactured home on Lot 7. He said Mr. Pruitt was building a site-built home on Lot 8 and there is a manufactured home on Lot 9. He said there were a lot of modular homes on this road and that Greg Pruitt is building a 1250 SF home right next to a manufactured home as well as building some 1250 SF spec homes. He described the mobile home that he is planning to place on this property. He said that this road is equally balanced out with eight (8) site-built homes and nine (9) manufactured homes that presently exist. He read a petition signed by property owners on this road stating that they have no objections to Mr. & Mrs. Pollock putting a manufactured home on Lot 7 and request that you approve the rezoning of Lot 7 to R-2A. This petition includes people who have site-built homes also.

Staff recommends denial of this rezoning as development in the area shows a trend towards conventionally constructed homes.

There was no one else signed up to speak for or against this application.

Motion made by Commissioner Massengale to approve Application #00-12Z. Commissioner Kendall seconded the motion with the motion failing by a vote of 2-3 with Commissioners Michael Kendall and Merrill Massengale voting for the motion and Commissioners Martha McDaniel, Earle Childres and Johnie McDaniel voting against the motion . Request for rezoning was denied.

Application #00-10Z: Griffin Remodeling, Inc., Owner – Sidney R. Esary, Agent – 19.646 acres on South Walkers Mill Road, located in Land Lot 9 of the 3^rd Land District – requesting a rezoning from AR-1, Agricultural and Residential, to R-2, Single Family Residential. Mr. Sid Esary spoke on behalf of this application and represented Griffin Remodeling. He said the purpose of the rezoning request is to reduce the minimum road frontage to 125 feet and acreage to 1 acre to enable the development of this property for single-family, stick-built residences. This would result in the creation of 8 single-family lots.

There as no one else signed up to speak for or against this application.

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres Application #00-10Z was unanimously approved by a vote of 5-0. The Resolution will be incorporated into the minutes on second and final reading.

Application #00-09Z: David A. Culp, Owner – O. Hale Almand, Jr., Agent – 32.31 acres southeast of the intersection of South Walkers Mill Road and Arthur K. Bolton Parkway, located in Land Lot 46 of the 3^rd Land District – requesting a rezoning from AR-1, Agricultural and Residential, to R-4, Single Family Residential. Ms. Connie Williford was present to represent Mr. Almand. She is with Mr. Almand’s law firm and gave her address as 582 Walnut Street, Macon, GA.

Zoning Attorney Newton Galloway addressed the Commission as to some history on this application. He said that staff has been working with Mr. Culp for a year trying to get this resolved. He said this is the first piece of property to come up with rezoning in the AKB Overlay and we wanted to work with Mr. Culp to come up with the best way to give him the best use of his property. Under AKB he cannot develop without moving to another residential class or a planned commercial type development. His only option for access comes off Walkers Mill Road where there is a very limited frontage amount. We asked him to file an application for a variance and asked him for proper rezoning, which he has done. The Board of Zoning Appeals looked at this application of the AKB Overlay zoning and determined a hardship exists and approved these lots. He said that the viability of his access is not before you as it has already been approved; therefore the only issue before you is whether or not to rezone to allow R-4 with 1500 SF houses in compliance with AKB with condition of approval of site plan. According to the site plan there is only one (1) dwelling on this site plan.

Ms. Williford said that the variance has been approved contingent upon rezoning of the property to either R-1, R-4 or R-6 for these are the residential districts allowed by the AKB ordinance. As requested they filed an application for rezoning and came before the Planning Commission and was quite shocked when she had to reargue the variance. The vote of the Planning Commission was 2-2 with there being problems with the division of the property itself, not the rezoning.

Zoning Attorney Newton Galloway stated in order for Mr. Culp to get his permit to build and construct on this property, it has to come to Board of Commissioners for rezoning. He reiterated the variance has been approved contingent upon the rezoning. The application comes to you with no recommendation.

Ms. Williford stated that Mr. Culp has recently went through a divorce and was ordered by the court to put a parcel in trust for his two daughters, which he plans on doing with the 12 acres of property and build a home on the 20 acre parcel with heated space of 6,000 SF. He does not wish to tie up the whole 32 acres of property.

Motion made by Commissioner Martha McDaniel with conditional approval as recommended by the staff with the condition being the approval of the submitted site plan. Commissioner Childres seconded the motion and motion was unanimously approved by a vote of 5-0. The Resolution will be incorporated into the minutes on the second and final reading.

Application #00-11Z: Jerry B. and Cheryl L. Ross, Owners – 3.253 acres on Trestle Road (Lot 15), located in Land Lot 144 of the 2^nd Land District – requesting a rezoning from R-2, Single Family Residential, to R-2A, Single Family and Two Family Residential. Mr. Jerry Ross and Mrs. Cheryl Ross gave their address as 10370 Tara Pointe Drive, Jonesboro, GA. They stated they purchased this piece of property in 1996 and it was zoned for manufacturing house and they request it be zoned back to the original zoning where they can sell this property as they do not feel they will be able to sell this land for a site built home when the majority of the land has manufactured homes. He said the property is surrounded on three (3) sides with manufactured housing. He said on one side there is a house on 8 acres which is a flag lot. Staff recommended approval with the condition of no duplexes allowed and Mr. Ross stated they were amenable to this condition. Mrs. Ross said at the Board of Zoning Appeals hearing the impression was given that there were more houses out there than mobile homes but this is incorrect. She said on Trestle Road there are twenty-five (25) lots that have been developed and twenty-two (22) of them are manufactured homes and there is only one (1) stick-built home in a one (1) mile radius from their property.

Mr. Bobby Dollar gave his address as 3690 Windmill Road, Ellenwood, GA. He spoke in favor of this application. He said that he is the one that is purchasing this land and placing a triple-wide mobile home for his family. He said on both sides of this lot there are doublewide mobile homes and his home would blend in with the area.

Those signed up in opposition were:

Mr. Sam Strickland gave his address as 1160 Trestle Road and stated he was opposed to this zoning. He said there were more stick-built homes out there than what has been portrayed within a one (1) mile radius. He would like to see more stick-built homes in this area. He said that he lives south of the river and they are all stick-built towards Teamon Road.

Frank and Connie Archiletta gave their address as 1363 Trestle Road. They said that they owned the 8.92 acres that the Ross’ mentioned as the stick-built home. Mr. Archiletta said that they had a 2700 SF brick ranch on this property. They disagreed with the one (1) mile radius of there only being three (3) homes. They said there were eight (8) modular homes on Trestle Road from Teamon Road to Johnson Road Ext. and twenty-nine (29) stick-built homes. She said there is a four-mile radius from Teamon Road down to where Hwy 155 meets.

Ms. Archiletta stated that there are already eight (8) modular homes out on Trestle Road and that is enough. She said they feel the needs need to be to encourage more stick-built homes in this area. She said there are already some mobile homes for sale that can be purchased if someone wants to live out in this area.

Faye and Warren Sellers gave their address as 1201 Trestle Road and stated they were opposed to changing this rezoning as they do not feel like it is in the best interest of the community or best interest of the property values. They said they did not feel there was any significant need for the change. Mr. Sellers commented that he also disagreed with the numbers given by Mr. & Mrs. Ross.

Ms. Romie Strickland gave his address as 1160 Trestle Road and stated she was opposed to the rezoning and wanted to reiterated what the Sellers said and also what the Archilettas said. She said that the neighborhood needed to be improved rather than go back. She said there was already enough of manufactured housing there. She said that this area had been sold out to Henry County. She said after Henry County acquired the land for the reservoir, lots began to be sold and that is when the manufactured housing popped up. Prior to 1996 there were no manufactured housing in this area.

Commissioner Johnie McDaniel stated that he was out there Tuesday and all the site built homes did not register with him for some reason. He said that he knows where the manufactured homes are on Trestle Road as we have approved at least one rezoning change out there since he had been on this Board. He said that he probably needed to ride back out there again.

Chairman Kendall stated that apparently there is a diversity of what is out here and seems to be a question of which geographical area you want to describe. Commissioner Kendall stated that he was familiar with this area but has no ability to determine who is right or wrong.

Motion made by Commissioner Johnie McDaniel to table Application #00-11Z to a date certain of May 15, 2000. Commissioner Kendall seconded the motion and motion was unanimously approved by a vote of 5-0.

Upon motion by Commissioner Childres, seconded by Commissioner Martha McDaniel the Board took a five-minute recess.

Chairman Kendall called the meeting back to order.

Application #00-07Z: Gayle G. Taylor, William R. King, Jr. and A. M. Oshlag, Owners – Jim Murray, Agent – 10.45± acres on Highway 19/41, located in Land Lot 101 & 92 of the 3^rd Land District – requesting a rezoning from C-1, Highway Commercial, and R-2, Single Family Residential, to R-3, Multiple-Family District. Mr. Jim Murray addressed this application. He said the proposal is for an apartment complex on twenty-four (24) acres on the North Expressway just south of Vineyard Road. He said there were be 104 units on 10.87 acres. They will be two story buildings with 50% brick with full amenities. The rent will be approximately $480 to $775, one bedroom, two bedroom-two baths and three bedroom-two bath. Mr. Murray was asked what are the concessions from the county and he answered there will be none. He said the entire infrastructure, road cut, median cut, etc. will be on the developer.

Mr. Allan Rappuhn gave his address as 920 Florence Blvd., Florence, Alabama. Mr. Rappuhn explained how the Department of Community Affairs becomes involved with this. He said that he is the developer and the owner of this proposed apartment development. He said they were asking for a Resolution from the County for support that would be included with their application to submit to Department of Community Affairs. He said that the Resolution of Support would provide three (3) points in competition against other applications. He said that the State gives extra points for having more than 40% brick in the development.

He explained how the tax credit works. He said that you are committed to be in the program for 15-year period and can utilize the tax credit over a 10-year period. He said that this a Federal tax subsidy. He said that this encourages developers to build in certain areas and create affordable housing. He said there was a 3.3 vacancy rate in the market area in Spalding County and he said that is unusually low and that signals that there is a lack of supply of housing in this market.

Commissioner Johnie McDaniel asked where was the interest in maintaining this development over a long period of time making sure that it stays attractive. Mr. Rappuhn stated that the 15-year period is the first step in the obligations to Department of Community Affairs and performing under their program. After the 15-year period of time this property becomes like any other real estate asset, it will appreciate in value over a time and this is the incentive to maintaining this complex.

Zoning Attorney Newton Galloway stated for the record that neither staff nor Planning Commission was aware of any tax subsidy issue nor that the Resolution applied to it. He said that it was not mentioned at the Planning Commission meeting. Residents asked questions about this at the Planning Commission meeting and there was no mention of a subsidy issue.

Motion made Commissioner Martha McDaniel to approve Application #00-07Z based upon site plan. Commissioner Childres seconded the motion.

Commissioner Johnie McDaniel stated that he had reservations about this being (1) being stewards of natural resources with trees being sacrificed, (2) additional vehicles on 19/41 and (3) putting another cross-over a short distance from the two other cross-overs up there.

Chairman Kendall called the question. Commissioners Martha McDaniel, Earle Childres, Merrill Massengale and Michael Kendall voted yea. Commissioner Johnie McDaniel voted nay. The motion passed by a vote of 4-1.

3. Other Business:

1. Consider approval of request for a Resolution of Support from Saddle Club Limited Partnership for an application to the Georgia Department of Community Affairs. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the following Resolution was approved by a vote of 4-1 with Commissioner Johnie McDaniel voting against.

A RESOLUTION RELATIVE TO AN APPLICATION FOR FUNDING TO THE

GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS BY SADDLE CLUB

LIMITED PARTNERSHIP

WHEREAS, Saddle Club Limited Partnership has requested a Resolution of Support from the Spalding County Board of Commissioners for affordable rental housing for families in Spalding County through a public/private partnership using funds from the Georgia Department of Community Affairs; and

WHEREAS, Saddle Club Limited Partnership proposes to build 104 apartment units consisting of one, two and three bedroom units in two-story buildings that will contain amenities suitable for a family-friendly apartment complex with these public/private partnership funds; and

WHEREAS, Saddle Club Limited Partnership will apply for loans and tax credits and will invest over $4,000,000 in private funds; and

WHEREAS, there is a need for quality, affordable rental housing for families in Spalding County; and

WHEREAS, the support of the elected body of the local government is important to a successful application process inasmuch as limited funds are available.

NOW, THEREFORE, BE IT RESOLVED that the Spalding County Board of Commissioners supports the application of Saddle Club Limited Partnership to secure state funds to assist with the construction of a quality, affordable apartment complex for Spalding County families.

2. Consider approval of a Resolution Authorizing Franchise Term Extension of One Month for Insight. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the following Resolution was unanimously approved by a vote of 5-0.

RESOLUTION AUTHORIZING FRANCHISE TERM EXTENSION

WHEREAS, Spalding County (“County”) on April 29, 1980, granted a nonexclusive cable franchise to Griffin Cable TV Company (“Franchise”); and

WHEREAS, the Franchise was subsequently assigned to succeeding cable system operators, Insight Communications Company L.P. (“Insight”) being the current Franchise holder; and

WHEREAS, Insight has requested that the Franchise be renewed; and

WHEREAS, negotiations with Insight concerning certain aspects of the cable Franchise renewal are incomplete; and

WHEREAS, the Franchise term, as provided for in the Franchise, is scheduled to expire on April 29, 2000; and

WHEREAS, Insight has requested an extension of the Franchise term to allow adequate time to provide for the proper and thoughtful attention to the resolution of the unresolved Franchise renewal issues affecting Insight and the County; and