EXTRAORDINARY SESSION

The Board of Commissioners of Spalding County, Georgia, held their extraordinary session on Monday, May 15, 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, Stephanie Windham in the absence of County Attorney Jim Fortune and Executive Secretary Phyllis Doane.

Agenda Topics

I. OPENING (CALL TO ORDER) – Chairman Kendall

II. INVOCATION - Rev. Randy Valimont

III. PLEDGE TO FLAG – Led by Chairman Kendall

IV. PRESENTATIONS/PROCLAMATIONS/RECOGNITION

Chairman Kendall recognized County Manager Ruffin at this time for him to recognize one of our new employees. Mr. Ruffin introduced Ms. Cherry Hovatter who has joined the Cooperative Extension Service as of May 1, 2000 as Spalding County Agent, 4-H & Youth. He said that she brings seventeen (17) years of experience with her, working in two states, Alabama and Florida. She is married to Carl, has two (2) step children; a grandchild and two (2) dogs and they have purchased a home on Davidson Circle. Mr. Ruffin welcomed her to the staff at Spalding County and stated he looked forward to working with her.

1. Consider approval of a Proclamation designating the week of May 15-19, 2000 as “Partners In Education Week” in Spalding County, Georgia. Mr. Ed Engel, Chairman, is present to receive Proclamation. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the following Proclamation was unanimously approved by a vote of 5-0.

Proclamation

“Partners in Education Week”

WHEREAS, Since 1982 Griffin-Spalding Partners in Education has been building partnerships among community citizens, businesses and organizations and the Griffin-Spalding County School System to improve education; and

WHEREAS, Over 100 Griffin and Spalding County businesses and community organizations are Partners in Education with our schools addressing needs of children from kindergarten through high school; and

WHEREAS, Griffin-Spalding Partners in Education measures the impact partnerships have and develops strategies that lead to educational improvement; and

WHEREAS, Griffin-Spalding Partners in Education, Inc. has won more state awards for Excellence in Partnerships than any other partnership program in the State of Georgia.

NOW THEREFORE BE IT RESOLVED, by the Board of Commissioners of Spalding County that the week of May 15-19, 2000 is hereby proclaimed as

“PARTNERS IN EDUCATION WEEK”

In Spalding County and urges citizens to recognize and celebrate the exemplary efforts of hundreds of Partners in Education volunteers in our schools and community.

2. Consider approval of a Proclamation designating the month of May 2000 as “Foster Care Month” in Spalding County, Georgia. Ms. Susan Brown, President of the Association, is present to receive Proclamation. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Johnie McDaniel the following Proclamation was unanimously approved by a vote of 5-0.

Proclamation

“Foster Care Month”

WHEREAS, The family, serving as the primary source of love, identity, self-esteem, and support is the very foundation of our communities and our State; and

WHEREAS, In Georgia there are over 19,000 children and youth in foster care being provided with a safe, secure and stable home along with the compassion and nurture of a foster family, and in Spalding County there are seventy (70) children in foster care; and

WHEREAS, Twenty-seven (27) Spalding County foster families, who open their homes and hearts to children whose families are in crisis, play a vital role helping children and families heal and reconnect and launching children to successful adulthood; and

WHEREAS, There are numerous individuals, public and private organizations who work to increase public awareness of the needs of valuable contributions of foster parents.

NOW THEREFORE BE IT RESOLVED, by the Board of Commissioners of Spalding County that the Month of May 2000 is hereby proclaimed as

“FOSTER CARE MONTH”

in Spalding County and urge all citizens to volunteer their talents and energies on behalf of children in foster care, foster parents, and the professional staff working with them during this month and throughout the year.

3. Consider approval of a Proclamation proclaiming the week of May 21-27, 2000 as “National Dog Bite Prevention Week” in Spalding County, Georgia. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the following Proclamation was unanimously approved by a vote of 5-0.

Proclamation

“National Dog Bite Prevention Week”

WHEREAS, An estimated 4.7 million people, most of them children, are bitten annually by dogs in the United States; and

WHEREAS, Millions of dog bite injuries could be prevented through public education and responsible dog ownership; and

WHEREAS, Dogs who are properly trained and socialized, who receive adequate care and attention, and who are safely confined are less likely to bite; and

WHEREAS, Dogs who are sterilized are three times less likely to bite; and

WHEREAS, Dog bite prevention education is an important, but often omitted, component of safety education programs for children and adults.

NOW THEREFORE BE IT RESOLVED, by the Board of Commissioners of Spalding County that May 21-27, 2000 is hereby proclaimed as

“NATIONAL DOG BITE PREVENTION WEEK”

in Spalding County, Georgia in recognition of the need to increase awareness of the problem of dog bit injuries and the many effective solutions to that problem.

Commissioner Childres asked Chairman Kendall to yield the floor to him at this time. He made the following announcements. Mr. Kendall mother’s was hit as a pedestrian by an automobile and reported that she is being dismissed from the hospital as in good health and our thoughts and prayers are with Mrs. Kendall.

Also he announced that we are about to set history in Spalding County as for the first time in Spalding County we have got the President of ACCG in our midst, Mrs. Martha McDaniel. He congratulated her on achieving this goal.

Each of the Commissioners congratulated Mrs. McDaniel on her achievement as President of the ACCG and commented individually that it is quite an honor for Spalding County to have a representative in this office and appreciate the work she has done in the ACCG and look forwarding to working with her in her new job as President.

Mrs. McDaniel thanked everyone for their kind words and stated that she hoped to serve the citizens of Spalding County first and the rest of the county commissioners in the State second and it is not only an honor but also a privilege for me to have this position. She said that she is looking forward to a valuable year.

V. CITIZENS COMMENTS – n/a

VI. PUBLIC COMMENT

Ms. Valaria Moore gave her address as 946 Baptist Camp Road. She stated she was here once again to voice her complaint about the noise at Cherokee Rose. She said that she has been deprived of her rights of peace and quiet in her home.

She said that the residents have protest signs and when not using them they are put in their yards. She said that on April 25, 2000 she received an official notice on county letterhead from Ms. Nancy Moon telling her that she was in violation of the sign ordinance and if she did not remove her sign within ten (10) days, she would incur $1,000 per day fine. She said that she and one other person received this notification. She called the office and was told she could not obtain a permit for the sign to remain in her yard. She said that the decision was overturned and she received on May 1, 2000 notification on a note pad, not official notification that she could keep her sign. She asked that she receive official notification on county letterhead that she can keep her sign. She would like to have this for her records.

She also complained about other weapons being shot besides 12 gauge shotguns. She said that they were shooting rifles, which the owner said would be prohibited. She also commented that there is no revenue coming in from Spalding County as she has watched and most of the cars are leaving the shooting range and heading in the direction of Henry County.

She said that the residents were hoping that Cherokee would be closed down and that piece of property would be made into a park for the children on this side of the county; however, if that could not be done, they would like some type of restraining where there is boundaries set up. Currently there are no signs set up telling you that it is even a shooting range on the outer perimeter.

She said that she had done some research on the Internet regarding noise pollution and made a suggestion that if Cherokee Rose could not be shut down, that the county requires them putting up sound barriers as some other states had required this of airports. She said the website was “noisepollution.com”. She said that the noise was coming from Teamon Road side; however, in the last couple of weeks they have done some redesigning and they were getting a lot more of the noise on the Baptist Campground side.

Commissioner Massengale stated that the truth of the matter is that this Board can vote to zone these people out of business; however, the consequences of that action would be very severe because what would surely follow is a messy lawsuit because of the huge amount of money they paid for the property to be used for a shooting resort which it was zoned for PRRRD at that time. Mr. Kendall agreed with what Mr. Massengale said and he asked is this going to be a public solution to this problem or a private solution to this problem. If there is going to be a public solution to this problem that means that all the taxpayers of Spalding County will be involved in buying this piece of property out and he said that he was not at this point. He said that he feels there are some civil remedies that the property owners in the area have to try to resolve this matter. He said that the residents in the neighborhood that have a problem with this noise should pool their resources and hire an attorney to file a lawsuit for a nuisance and let the courts determine whether or not what they do out there is legal.

Commissioner Martha McDaniel suggested that Mr. Ruffin search this website regarding sound barriers and that staff research noise pollution regulations.

Commissioner Kendall made a suggestion that the Board send the PRRRD zoning district back to the Planning & Zoning Board for them to review what restrictions or what parameters should be in place in this particular zoning classification to see if there are some avenues to pursue to make the two totally incompatible uses compatible with each other, if there is any at all.

Since this is an item not on the agenda, no action could be taken and the Board asked that this be place on the May 25, 2000 Zoning Hearing agenda.

Mr. Greg Pruitt gave his address as 55 Partridge Path and spoke in favor of Cherokee Rose. He said that revenues are coming in to Spalding County. He said that there is going to be an English shoot next month and people will be coming in from all over the world. He said there was a sign up there and has always been a sign up there but it may have been taken down when some of those houses were built up there.

Mr. Steve Moore gave his address as 946 Baptist Camp Road. He reiterated what his wife had said and disagreed with Mr. Pruitt’s comments about the revenue as he said that cars are leaving and going to Henry County.

Mr. Milton Cline gave his address as 1051 Baptist Camp Road. He said that the community would like for the Commissioners to put some guidelines on Cherokee Rose if you do not close it. He said that they have the free hand to do as they please. He also said that they were burning rubbish out there.

Mr. Horace S. Kelley gave his address as 153 Dunlap Circle. He also spoke on Cherokee Rose. He said that he has heard all these allegations made like hundreds of thousands of shotguns a day. He said 100 people, 100 shots is 10,000 rounds. He said that you couldn’t burn shotgun shells. He said he feels that this should be put in the proper perspective and that the people in the area should do their job first before the Commissioners get involved in it and spend taxpayers’ money to solve the problem.

Mr. Chuck Dean gave his address as 1250 Teamon Road. He reminded the Board of the big shoot at Cherokee Rose Memorial Day weekend and invited the commissioners to come out and enjoy the noise with them. He also addressed speeding on Baptist Camp Road.

VII. MINUTES

1. Consider approval of the minutes of the Public Hearing of April 27, 2000 and Regular Meeting of May 1, 2000. Upon motion by Commissioner Childres, seconded by Commissioner Johnie McDaniel minutes were unanimously approved by a vote of 5-0.

VIII. CONSENT AGENDA

Upon motion by Commissioner Childres, seconded by Commissioner Martha McDaniel the Consent Agenda was unanimously approved by a vote of 5-0.

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

Rezoning Application 00-09Z: David A. Culp, Owner, O. Hale Almand, Jr., Agent, South Walkers Mill Road, 32.31 acres, AR-1 to R-4.

IN RE:

APPLICATION OF O. HALE ALMAND, JR. AND DAVID A. CULP

FOR REZONING CERTAIN PROPERTY

LOCATED WITHIN SPALDING COUNTY,

GEORGIA;

REZONING APPLICATION 00-09Z

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, O. Hale Almand, Jr., and David A. Culp, applicants, applied for a change in zoning classification to be applied to the within described property to “R-4, Single Family Residential;”

WHEREAS, such application was filed with Spalding County, Georgia on February 17, 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 April 27, 2000, pursuant to O.C.G.A. § 33-66-1, et. seq. in the Spalding County Hearing Room, Room 108, Spalding County Courthouse Annex, 119 East Solomon Street, Griffin, Spalding County, Georgia;

WHEREAS, the Board of Commissioners of Spalding County, Georgia considered the proposed amendment, any and all alternate proposals or amendments, the report of the Spalding County Planning Commission and all data and evidence taken at the public hearing; and

WHEREAS, it is deemed by the Board of Commissioners of Spalding County, Georgia that an amendment to the Zoning Ordinance of Spalding County, Georgia and an amendment to the Official Zoning Map of Spalding County, Georgia is in conformance with the Spalding County Comprehensive Plan and sound comprehensive planning principles and of substantial benefit to the public and in the promotion of the best interests and general welfare of the people;

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

Section 1: The Zoning Ordinance of Spalding County, Georgia and the Official Zoning Map of Spalding County, Georgia designating the boundaries of the several types or classes of zoning districts shall be, and is hereby amended so as to change the zoning classification applicable to the following described property:

All that lot, tract or parcel of land situate, lying and being in Land Lot 46 of the 3^rd Land District originally Monroe, now Spalding County, Georgia containing 32.370 acres as shown on a plat of survey prepared by Kenneth E. Presley & Associates entitled “PROPERTY SURVEY FOR DAVID A. CULP, MAJOR U.S.A.F.” DATED, November 2, 1994 and may be more particularly described as follows:

BEGINNING at the intersection of the east boundary line of Land Lot 46 and the south right-of-way of Arthur K. Bolton Parkway; thence South 00°48’30” West a distance of 900.00’ to a 1” pipe; thence South 54°49’12” West a distance of 626.89’ to a 1” pipe; thence south 43°56’02” West a distance of 510.22’ to a point; thence North 36°54’51” West a distance of 590.88’ to a point; thence North 50°29’00” East a distance of 569.75’ to a 1” pipe; thence North 00°47’27” West a distance of 351.90’ to a 1” pipe; thence South 86°40’18” West a distance of 729.45’ to a 1” pipe; thence South 89°51’51” West a distance of 1269.00’ to a 1” pipe; thence North 02°00’57” East a distance of 60.04’ to a 1” pipe; thence North 89°51’51” East a distance of 500.00’ to a 1” pipe; thence North 51°42’54” east a distance of 291.62’ to a 1” pipe; thence South 84°24’56” East a distance of 51.55’ to a concrete monument; thence South 78° 43’ 04” East a distance of 169.37’ to a concrete monument; thence North 84°15’45” East a distance of 210.02’ to a concrete monument; thence North 87°53’53” East a chord distance of 518.55’ (arc 518.84’, rad 4479.29’) to a concrete monument; thence North 78°04’13” East a distance of 207.74’ to a concrete monument; thence North 78°28’50” East a chord distance of 636.34’ (arc 636.81’, rad 4778.05’) to a point; thence North 74°08’40” East a chord distance of 86.38’ (arc 86.38’, rad 4778.05’) to a point; thence North 83°41’35” East a distance of 105.28’ to a concrete monument; thence North 70°17’39” East a distance of 113.04’ to a 1” pipe and POINT OF BEGINNING.

From “AR-1, Agricultural and Residential” to “R-4, Single Family Residential” District.

Section 2: Pursuant to the authority granted to it by virtue of the Zoning Ordinance of Spalding County, Georgia, Section 414 (L) and upon a determination by the Board of Commissioners of Spalding County, Georgia that application of certain conditions on the amendment benefit the public and promote the best interests of the general welfare of the people, the following conditions shall be imposed upon the amendment to the Zoning Ordinance of Spalding County, Georgia and the Official Zoning Map of Spalding County, Georgia, as follows:

a. Approval is conditioned upon compliance with the site plan as submitted with this rezoning application entitled, “SITE PLAN FOR ZONING, DAVID A. CULP, MAJOR U.S.A.F.” and dated March 25, 2000.

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 May 15, 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 46 of the 3^rd Land District of originally Monroe, now Spalding County, Georgia, consisting of approximately 32.37 acres, zoned R-4, Conditional.

(b) The Chairman of the Board of Commissioners of Spalding County, Georgia is directed and authorized to execute such notice of the amendment of the Official Zoning Map of Spalding County, Georgia.

(c) The Zoning Administrator is authorized and directed to enter such notice of the amendment of the Official Zoning Map of Spalding County, GA thereon.

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

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

Rezoning Application 00-10Z: Griffin Remodeling, Inc., Owner, Sidney R. Esary, Agent, South Walkers Mill Road, 19.646 acres, AR-1 to R-2.

IN RE:

APPLICATION OF SIDNEY R. ESARY AND GRIFFIN REMODELING, INC.

FOR REZONING CERTAIN PROPERTY

LOCATED WITHIN SPALDING COUNTY,

GEORGIA;

REZONING APPLICATION 00-10Z

RESOLUTION AMENDING

THE ZONING ORDINANCE OF SPALDING COUNTY, GEORGIA

AND

THE OFFICIAL ZONING MAP OF SPALDING COUNTY, GEORGIA

WHEREAS, Sidney R. Esary and Griffin Remodeling, Inc., 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 February 24, 2000;

TRACT A:

All that lot, tract or parcel of land situate, lying and being in Land Lot 9 of the 3^rd Land District originally Monroe, now Spalding County, Georgia being more specifically described as follows:

To reach the TRUE POINT OF BEGINNING, begin at the intersection of the northern margin of the right-of-way of South Walker’s Mill Road with the west original land lot line of said Land Lot 9 and run thence in a northeasterly direction along the northern margin of South Walker’s Mill Road, 1,424 feet to a point which marks the true point of beginning of this description; thence North 1 degree 39 minutes 30 seconds east, 1,435.41 feet to a point; thence South 89 degrees 31 minutes 19 seconds East, 355.66 feet to a point; thence South 5 degrees 15 minutes 28 seconds West, 403.76 feet to a point; thence South 1 degree 25 minutes 59 seconds West, 699.59 feet to a point; thence South 89 degrees 24 minutes 18 seconds East, 217.62 feet to a point; thence in a southwesterly direction along the curving northern margin of the right-of-way of South Walker’s Mill Road, 736.59 feet to the true point of beginning of this description.

TRACT B:

All that lot, tract or parcel of land situate, lying and being in Land Lot 9 of the 3^rd Land District originally Monroe, now Spalding County, Georgia being more specifically described as follows:

To reach the TRUE POINT OF BEGINNING, begin at the southeast corner of Tract A as described hereinabove; running thence South 89 degrees 25 minutes East, 88.36 feet to a point which marks the true point of beginning of this description; thence South 7 degrees 43 minutes 3 seconds East, 44.31 feet to a point; thence South 1 degree 49 minutes 57 seconds West, 529.17 feet to a point; thence North 88 degrees 44 minutes 56 seconds West, 314.74 feet to a point; thence North 88 degrees 45 minutes 54 seconds West, 323.4 feet to a point; thence North 21 degrees 8 minutes 38 seconds West, 208.34 feet to a point; thence in a northeasterly direction along the southern margin of the right-of-way of South Walker’s Mill Road, North 61 degrees 58 minutes 33 seconds East, 333.42 feet to the true point of beginning of this description.

From “AR-1, Agricultural and Residential” to “R-2, Single Family Residential” District.

Section 2:

On May 15, 2000, by official action of the Board of Commissioners of Spalding County, Georgia the following change was made in the Official Zoning Map, Spalding County: All that tract or parcel of land situate lying and being in Land Lot 9 of the Third Land District of originally Monroe, now Spalding County, Georgia, consisting of approximately 19.646 acres, zoned R-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.

IX. OLD BUSINESS

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

· Rezoning Application 00-11Z: Jerry B. and Cheryl L. Ross, owners, Trestle Road, 3.253 +/- acres, R-2 to R-2A.

Upon motion by Commissioner Kendall, seconded by Commissioner Johnie McDaniel Application #00-11Z was lifted from the table by a unanimous vote of 5-0.

Motion made by Commissioner Massengale to deny Application #00-11Z. Commissioner Childres seconded the motion and motion to deny passed by a vote of 3-2 with Commissioner Kendall and Commissioner Johnie McDaniel voting against.

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

· Rezoning Application 00-07Z: Gayle G. Taylor, William R. King, Jr., and A.M. Oshlag, Owners, Jim Murray, Agent, Hwy 19/41, 10.45 +/- acres, C-1 and R-2 to R-3.

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres Application #00-07Z was approved by a vote of 4-1 with Commissioner Johnie McDaniel voting against.

IN RE:

APPLICATION OF JIM MURRAY, GAYLE G. TAYLOR,

WILLIAM R. KING, Jr., AND A. M. OSHLAG

FOR REZONING CERTAIN PROPERTY

LOCATED WITHIN SPALDING COUNTY,

GEORGIA;

REZONING APPLICATION 00-07Z

RESOLUTION AMENDING

THE ZONING ORDINANCE OF SPALDING COUNTY, GEORGIA

AND

THE OFFICIAL ZONING MAP OF SPALDING COUNTY, GEORGIA

WHEREAS, Jim Murray, Gayle G. Taylor, William R. King, Jr., and A. M. Oshlag , applicants, applied for a change in zoning classification to be applied to the within described property to “R-3, Multiple Family District;”

WHEREAS, such application was filed with Spalding County, Georgia on January 28, 2000;

All that tract or parcel of land lying and being in Land Lot 101 of the Third District of originally Henry, now Spalding County, Georgia, and being more particularly described as follows:

Beginning at an 1 ¾” open top pipe found along the western right-of-way of U.S. Highway 4`1; thence along said western right-of-way of U.S. Highway 41 South 02 degrees 11 minutes 58 seconds East a distance of 257.13 feet to a point, said point being the POINT OF BEGINNING; thence along said western right-of-way of U.S. Highway 41 South 02 degrees 11 minutes 58 seconds East a distance of 149.99 feet to a point; thence leaving said right-of-way South 87 degrees 45 minutes 57 seconds West a distance of 277.49 feet to a point; thence South 02 degrees 11 minutes 58 seconds East a distance of 209.27 feet to a point; thence South 87 degrees 10 minutes 37 seconds West a distance of 122.12 feet to a 1 ¼” open top pipe found; thence South 87 degrees 09 minutes 06 seconds West a distance of 874.77 feet to a point; thence along the arc of a curve to the right (said curve having a radius of 618.24 feet and being subtended by a chord with a bearing of North 24 degrees 13 minutes 01 seconds East and a length of 132.75 feet) an arc distance of 133.01 feet to a point; thence along the arc of a curve to the right (said curve having a radius of 618.50 feet and being subtended by a chord with a bearing of North 36 degrees 32 minutes 31 seconds East and a length of 132.77 feet) an arc distance of 133.03 feet to a point; thence along the arc of a curve to the right (said curve having a radius of 618.65 feet and being subtended by a chord with a bearing of North 48 degrees 51 minutes 51 seconds East and a length of 132.78 feet) an arc distance of 133.04 feet to a point; thence along the arc of a curve to the right (said curve having a radius of 3439.25 feet and being subtended by a chord with a bearing of North 59 degrees 32 minutes 10 seconds East and a length of 180.56 feet) an arc distance of 180.58 feet to a point; thence along the arc of a curve to the right (said curve having a radius of 3439.21 feet and being subtended by a chord with a bearing of North 62 degrees 32 minutes 40 seconds East and a length of 182.37 feet) an arc distance of 182.35 feet to a point; thence North 02 degrees 36 minutes 28 seconds East a distance of 149.90 feet to a ½” rebar found; thence North 87 degrees 00 minutes 02 seconds East a distance of 62.44 feet to a point; thence North 86 degrees 32 minutes 29 seconds East a distance of 110.05 feet to a point; thence North 87 degrees 07 minutes 40 seconds East a distance of 242.44 feet to a point; thence South 02 degrees 11 minutes 58 seconds East a distance of 254.29 feet to a point; thence North 87 degrees 45 minutes 04 seconds East a distance of 277.49 feet to a point, said point being the POINT OF BEGINNING.

Said above described tract containing 10.87 acres.

From “C-1, Highway Commercial and R-2, Single Family Residential” to “R-3, Multiple Family ” District.

a. Approval is conditioned upon compliance with the site plan as submitted with this rezoning application entitled, “SITE DEVELOPMENT PLANS FOR SADDLE CLUB APARTMENTS” and dated February 21, 2000 with revisions dated February 25, 2000 and March 9, 2000.

Section 3:

On May 15, 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 101 of the 3^rd Land District of originally Henry, now Spalding County, Georgia, consisting of approximately 10.87 acres, zoned R-3, 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.

X. NEW BUSINESS

1. Consider approval of Financial Statements for the Ten Months Ended April 30, 2000. Upon motion by Commissioner Childres, seconded by Commissioner Martha McDaniel Financial Statements were unanimously approved by a vote of 5-0.

2. Consider Conditional Final Plat Approval of the following:

Turtle Tracks Subdivision: Jack Evans, Owner, Located off of Hwy 16 West, 67.89 acres, 10 lots

Approval to be conditioned upon final changes and approval of Fire Marshal. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Martha McDaniel the final plat was approved with conditions by a vote of 4-0. (Commissioner Massengale was out of the room when vote was taken.)

Commissioner Johnie McDaniel asked that in the future that a memo be attached showing the conditions to the plat before the Board makes final approval.

3. Consider purchase of computers for the Sheriff’s Department with LLEBG funds. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the low bid by Computer Services Associates in the amount of $22,740.00 was unanimously approved by a vote of 5-0.

4. Consider request from Animal Control Director Carol Westbury to hold an open house on Saturday, May 27, 2000 in behalf of Dog Bite Prevention Week. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres request was unanimously approved by a vote of 5-0.

5. Consider request from W. L. Jorden & Co. for funding authorization for the renovation of City Park Gym. Mr. Roland Hinners was present to address this item as well as Henry Sims, Assistant Director of Parks and Recreation. Mr. Hinners asked for authorization to let a design and construct contract at an estimated cost of $152,300. The type of renovation will include the removal of the existing attached wing and the addition of a metal type structure to a height of the gym structure.

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Johnie McDaniel request to let bid in the amount of $152,300 was unanimously approved by a vote of 5-0.

Commissioner Kendall commented that some of this work, such as the demolition, be done in-house if at all possible. Mr. Hinners commented that this had already been discussed and the only way this could be done was that the new structure be built first and then remove the old structure.

6. Consider approval of supplemental agreement design contract for Amelia Road, Phase II. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres an additional $8,000 was unanimously approved by a vote of 5-0.

7. Consider approval at first reading an ordinance amending the FY 2000 Budget Ordinance to provide for donation from AMBUCS Club. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Johnie McDaniel ordinance was unanimously approved by a vote of 5-0. The Resolution will be incorporated into the minutes on second and final reading.

8. Consider approval at first reading an ordinance amending the FY 2000 Budget Ordinance to provide for lease purchase of computers for Magistrate Court and computer equipment for Information Systems and Parks and Recreation Department. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres ordinance was unanimously approved by a vote of 5-0. The Resolution will be incorporated into the minutes on second and final reading.

9. Consider approval at first reading an ordinance amending the FY 2000 Budget Ordinance to provide for drug testing supplies for the GRIPP Program. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres ordinance was unanimously approved by a vote of 5-0. The Resolution will be incorporated into the minutes on second and final reading.

10. Consider adoption at first reading an ordinance establishing O’Dell Road as a “No Through Truck” Route. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Johnie McDaniel ordinance was unanimously approved by a vote of 5-0. The Ordinance will be incorporated into the minutes on second and final reading.

11. Consider approval of Lease Agreement for 843/845 Memorial Drive. Deputy County Manager Wilson stated that this is a one months lease with BellSouth Advertising in the amount of $1500.00. Upon motion by Commissioner Childres, seconded by Commissioner Martha McDaniel Lease Agreement was unanimously approved by a vote of 5-0.

12. Consider approval of Resolution for ACCG Pension Plan. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the following Resolution was unanimously approved by a vote of 5-0.

PENSION SERVICE COMPANY

DEFERRED COMPENSATION PROGRAM

AND DEFINED CONTRIBUTION MONEY PURCHASE PLAN

STATE OF GEORGIA;

SPALDING COUNTY

IN THE MATTER OF ESTABLISHING A DEFERRED COMPENSATION FOR SPALDING COUNTY

WHEREAS, Spalding County has considered the establishment of a Deferred Compensation Plan and Defined Contribution Money Purchase Plan to be made available to all eligible Spalding County employees, elected officials, and independent contractors pursuant to Section 457 of the Internal Revenue Code permitting such Plans; and

WHEREAS, certain tax benefits could accrue to employees, elected officials, and independent contractors participating in said Deferred Compensation Plan and Defined Contribution Money Purchase Plan; and

WHEREAS, such benefits will act as incentives to Spalding County employees to voluntarily set aside and invest portions of their current income to meet their future financial requirements and supplement their Spalding County retirement and Social Security (if applicable); and

WHEREAS, by adoption of the Pension Service Company Program, all regulatory, operational, and administrative responsibilities are hereby assumed by Pension Service Company or it’s designee on behalf of Spalding County; and

WHEREAS, Pension Service Company or it’s designee, as Plan Administrator, agrees to hold harmless and indemnify Spalding County, its appointed and elected officers and participating employees from any loss resulting from Pension Service Company or its Agent’s failure to perform its duties and services pursuant to the Pension Service Company Program;

NOW, THEREFORE THE SPALDING COUNTY GOVERNING BODY DOES HEREBY RESOLVE AS FOLLOWS:

The Spalding County governing body, meeting in regular scheduled session, this 15^th day of May, 2000, hereby adopts the Pension Service Company Deferred Compensation Program and Defined Contribution Money Purchase Plan and hereby establishes the Spalding County Deferred Compensation Program and Defined Contribution Money Purchase Plan for the voluntary participation of all eligible Spalding County employees, elected officials and independent contractors.

The Personnel Director (Presiding Judge, County Administrator, County Clerk, etc.) is hereby authorized to execute for the County, individual participation agreements with each said employee requesting same, and to act as the “Administrator” of the Plan representing Spalding County, and to execute such agreements and contracts as are necessary to implement the program. It is implicitly understood that, other than the incidental expenses of collecting and disbursing of the employees’ deferrals and other minor administrative matters, there is to be no cost to Spalding County for the program.

IT IS HEREBY FURTHER ORDERED, that a true copy of this Court Order/Resolution be spread upon the Court’s record of this date.

13. Consider approval of Resolutions reappointing H. Edward Beall and Timothy J. Whalen as Tax Assessors of Spalding County. Upon motion by Commissioner Childres, seconded by Commissioner Massengale the following Resolutions were unanimously approved by a vote of 5-0.

RESOLUTION AND ORDER APPOINTING TIMOTHY J. WHALEN

AS A TAX ASSESSOR OF SPALDING COUNTY, GEORGIA

WHEREAS, Timothy J. Whalen was heretofore reappointed by the Board of Commissioners of Spalding County Georgia, as a member of the Board of Tax Assessors of Spalding County, Georgia, to serve for a term of six years ending on December 31, 2005; and

NOW, THEREFORE, BE IT, AND IT IS HEREBY RESOLVED AND ORDERED that Timothy J. Whalen be, and he is, hereby reappointed as a Tax Assessor of Spalding County, Georgia, and as a member of the Board of Tax Assessors of said County for a six year term thereof, ending December 31, 2005, and which said appointment shall be, and become effective on January 18, 2000, and the within order making and evidencing such appointment shall be transmitted to the Clerk of the Superior Court of Spalding County, Georgia, so that it may be regularly entered upon the records of the Superior Court of said County, and so that a certificate from said Clerk may be issued after the said appointee has taken the oath required by law, which shall constitute the commission of said appointee, Timothy J. Whalen, as a member of said Board of Tax Assessors, all as required by law.

This the 15^th day of May 2000.

RESOLUTION AND ORDER APPOINTING H. EDWARD BEALL

AS A TAX ASSESSOR OF SPALDING COUNTY, GEORGIA

WHEREAS, H. Edward Beall was heretofore reappointed by the Board of Commissioners of Spalding County Georgia, as a member of the Board of Tax Assessors of Spalding County, Georgia, to serve for a term of six years ending on December 31, 2005; and

NOW, THEREFORE, BE IT, AND IT IS HEREBY RESOLVED AND ORDERED that H. Edward Beall be, and he is, hereby reappointed as a Tax Assessor of Spalding County, Georgia, and as a member of the Board of Tax Assessors of said County for a six year term thereof, ending December 31, 2005, and which said appointment shall be, and become effective on January 18, 2000, and the within order making and evidencing such appointment shall be transmitted to the Clerk of the Superior Court of Spalding County, Georgia, so that it may be regularly entered upon the records of the Superior Court of said County, and so that a certificate from said Clerk may be issued after the said appointee has taken the oath required by law, which shall constitute the commission of said appointee, H. Edward Beall, as a member of said Board of Tax Assessors, all as required by law.

This the 15^th day of May 2000.

14. Consider reappointment of Mrs. Ceola Head to the Spalding County Board of Family and Children Services. Term to expire June 30, 2005. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres reappointment was unanimously approved by a vote of 5-0.

15. Consider approval of Capacity Agreement with Georgia Department of Corrections for Fiscal Year 2001. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres Capacity Agreement was unanimously approved by a vote of 5-0.

16. Consider approval of Change Order No. 1 for Spalding County Correctional Institute. The Change Order is in the amount of $3,210 to add gravity sewer to replace the force main front of the site. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres Change Order was unanimously approved by a vote of 5-0.

17. Consider approval of Department of Transportation Contract for LARP 2000. These roads are Bartlett Drive, Bear Claw Circle, Beaver Road, Fannin Road, Grizzly Lane, Honey Bear Drive, Johnnycut Road, Johnston Road, Manley Road, Oak Avenue, Runaway Lake Drive, South honey Bear Drive and Wallace Road.

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres LARP 2000 contract was unanimously approved by a vote of 5-0.

18. Consider approval of the following:

Request public hearing date for Street Lighting District—Sassafras Subdivision, Alan Mobley, Owner. Upon motion by Commissioner Kendall, seconded by Commissioner Childres the date and time of Monday, June 5^th at 5:45 was unanimously approved by a vote of 5-0.

19. Consider request from Joyce Smith. The request is to have her address changed from 1808 South Sixth Street to 1808 Maple Drive. Upon motion Commissioner Childres, seconded by Commissioner Martha McDaniel request was unanimously approved by a vote of 5-0.

20. Consider request from Caterpillar for a traffic signal at the Rehoboth Road/Arthur K Bolton Parkway Intersection. Deputy County Manager Wilson commented that the letter stated that this will be the enter and exit point for their employees.

Motion made by Commissioner Childres to approve and submit request to DOT in conjunction with the current highway construction on Arthur K. Bolton Parkway (SR 16). Commissioner Martha McDaniel seconded the motion and motion was unanimously approved by a vote of 5-0.

21. Commissioner Martha McDaniel desires to discuss the purchase of a “smart cart” Speed Detection Unit. She said that she had asked Mr. Wilson to see if the Sheriff Department was interested in having a smart cart and using drug task force money to pay for it and word has come back that they are not interested.

Commissioner Martha McDaniel made a motion for the county to purchase a smart cart out of the Contingency Fund at an approximate cost of $15,000 and ask that the Code Enforcement officers be responsible for placing it on county roads where we continually get complaints about speeding. Commissioner Childres seconded the motion for discussion.

Since staff did not have any concrete prices for this and some of the commissioners would like to have more information on the data that can be obtained from one and also have specs on the machine, Commissioner Martha McDaniel withdrew her motion as well as Commissioner Childres his second. This item is to be placed back on the June 5, 2000 agenda.

XI. REPORT OF COUNTY MANAGER

County Manager Ruffin stated that the Closed Session had been cancelled for tonight.

XII. REPORT OF COMMISSIONERS

Commissioner Massengale had no comments.

Commissioner Johnie McDaniel had no comments.

Commissioner Martha McDaniel had no comments.

Commissioner Childres had no comments.

Commissioner Kendall gave an updated report on the Hospital Authority. He said that Mr. Cogburn is in the process of trying to determine the legalities of starting a community foundation under the confines of the Hospital Authority law and Mr. Fortune and Mr. Whalen are also involved in this process. He said that he had met with Mr. Eddie Grogan, who is the new Chairman, and they met with the people from Wachovia to review all of the assets of the Hospital Authority and exactly how all of this money is invested. He said that they are trying to come up with a legal vehicle to invest the monies for more than 5 percent. He said if the rate drops from 20 percent to 5 percent, then there is going to be a tremendous change in the amount and the number of people that are going to be able to get these grants.

XIII. CLOSED MEETING - cancelled

1. The County Attorney requests a Closed Session to discuss potential litigation.

XIV. ADJOURNMENT

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

County Clerk/County Manager Chairman

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