REGULAR MONTHLY MEETING

The Board of Commissioners of Spalding County, Georgia, held their regular monthly meeting on Monday, June 5, 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 Deputy County Manager William Wilson, Attorney Stephanie Windham in the absence of County Attorney Fortune and Executive Secretary Phyllis Doane. County Manager Mike Ruffin was absent.

Agenda Topics

I. OPENING (CALL TO ORDER) – Chairman Kendall

II. INVOCATION - Rev. Randy Valimont – Led by Rev. Tim Newby in Rev. Valimont’s absence

III. PLEDGE TO FLAG – Led by Chairman Kendall

IV. PRESENTATIONS/PROCLAMATIONS/RECOGNITION – n/a

V. CITIZENS COMMENTS

1. Bill Atkinson desires to address the Board on behalf of Cherokee Rose. Mr. Ted Sandler, attorney representing Mr. & Mrs. Atkinson, addressed the Board regarding Cherokee Rose. He said he was with the law firm of Altman, Kretzer & Levitt. He stated they know this came before the Board at the last meeting and it was referred back to Planning & Zoning Board and wanted to know if they should provide information to this Board.

Chairman Kendall commented that this Board did refer this back to the Planning Commission and they were going to review the ordinance and you are welcome to present what you would like to present to us; however, recommendations will come back to us from the Planning Commission. He said in his opinion the proper place for you to make your presentation would be with the Planning Commission. Mr. Sandler asked if it would be appropriate for him to leave a presentation that has been prepared on Cherokee Rose for each Commissioner, which he did.

VI. PUBLIC COMMENT

There was no one present who wished to make public comment.

VII. MINUTES

1. Consider approval of the minutes for the Executive Session Meeting of May 15, 2000 and Budget Review Session of May 24, 2000. Upon motion by Commissioner Childres, seconded by Commissioner Kendall the minutes were unanimously approved by a vote of 5-0.

VIII. CONSENT AGENDA

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Massengale Items 1-6 on the Consent Agenda were 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:

· Amendment to UDO-A-00-09: Zoning Districts, provisions for allowance of a church

RESOLUTION AMENDING

THE ZONING ORDINANCE OF SPALDING COUNTY, GEORGIA

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

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

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

WHEREAS, such text amendments to the Zoning Ordinance of Spalding County were reviewed by the Spalding County Planning Commission, and a hearing on the text amendments to the Zoning Ordinance of Spalding County was conducted by the Board of Commissioners of Spalding County, Georgia on May 25, 2000 pursuant to O.C.G.A. ' 33-66-1, et. seq. in the Spalding County Hearing Room, Room 108, Spalding County Courthouse Annex, 119 East Solomon Street, Griffin, Spalding County, Georgia;

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

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

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

Section 1: The following provisions shall added to the Zoning Ordinance of Spalding County, Article 5, "AR-1 Agricultural and Residential District" to appear as Section 503(B)(1)(g):

Section 503: Permitted Uses.

B. The following Principal Uses are permitted as Special Exceptions in AR-1 districts:

1. Church, synagogue, chapel or other place of religious worship including educational building, parsonage, church-related nursery or kindergarten, and other related uses meeting the following development standards:

g. No additional approval shall be required for the expansion or modification of any facility, as defined in this Section, which existed as of January 4, 1994 on the property on which it is presently located.

Section 2: The following provisions shall added to the Zoning Ordinance of Spalding County, Article 6, "AR-2 Rural Reserve District" to appear as Section 603(B)(1)(g):

Section 603: Permitted Uses.

B. The following Principal Uses are permitted as Special Exceptions in AR-2 districts:

Section 3: The following provisions shall added to the Zoning Ordinance of Spalding County, Article 7, "R-1 Single-Family Residential Low Density District" to appear as Section 703(B)(1)(g):

Section 703: Permitted Uses.

B. The following Principal Uses are permitted as Special Exceptions in R-1 districts:

Section 4: The following provisions shall added to the Zoning Ordinance of Spalding County, Article 8, "R-2 Single-Family Residential District" to appear as Section 803(B)(1)(g):

Section 803: Permitted Uses.

B. The following Principal Uses are permitted as Special Exceptions in R-2 districts:

Section 5: The following provisions shall added to the Zoning Ordinance of Spalding County, Article 8A, "R-2A Single-Family and Two Family Residential District" to appear as Section 803A(B)(1)(g):

Section 803A: Permitted Uses.

B. The following Principal Uses are permitted as Special Exceptions in R-2A districts:

Section 6: The following provisions shall added to the Zoning Ordinance of Spalding County, Article 10, "R-4 Single-Family District" to appear as Section 1003(B)(1)(g):

Section 1003: Permitted Uses.

B. The following Principal Uses are permitted as Special Exceptions in R-4 districts:

Section 7: The following provisions shall added to the Zoning Ordinance of Spalding County, Article 11, "R-5 Single-Family District" to appear as Section 1103(B)(1)(g):

Section 1103: Permitted Uses.

B. The following Principal Uses are permitted as Special Exceptions in R-5 districts:

Section 8: The following provisions shall added to the Zoning Ordinance of Spalding County, Article 11A, "R-6 Single-Family District" to appear as Section 1103A(B)(1)(g):

Section 1103A: Permitted Uses.

B. The following Principal Uses are permitted as Special Exceptions in R-6 districts:

Section 9: The following provision shall be deleted from the Zoning Ordinance of Spalding County, Article 12, "C-1 Highway Commercial District:" Section 1203(B)(1) and such section shall appear as "Reserved."

Section 10: The following provisions shall added to the Zoning Ordinance of Spalding County, Article 12, "C-1 Highway Commercial District" to appear as Section 1203(A)(22):

Section 1203: Permitted Uses.

A. The following Principal Uses are permitted in C-1 districts:

22. Church, synagogue, chapel or other place of religious worship including educational building, parsonage, church-related nursery or kindergarten, and other related uses meeting the following development standards:

a. It must be located on either an arterial or collector road;

b. The lot must have a minimum road frontage of 200 feet;

c. The lot must have an area of at least two (2) acres;

d. All buildings must be located at least fifty (50) feet from any property line;

e. No property line on which any proposed church is to be established shall be located within nine hundred (900) feet of the main entrance of an establishment which has been licensed for the sale or consumption of alcoholic beverages.

f. No additional approval shall be required for the expansion or modification of any facility, as defined in this Section, which existed as of January 4, 1994 on the property on which it is presently located.

g. Nothing herein shall prohibit or preclude a church from being located within a group development without the necessity of complying with those development standards.

Section 11: The following provisions shall added to the Zoning Ordinance of Spalding County, Article 13, "C-1A Neighborhood Commercial District" to appear as Section 1303(A)(51):

Section 1303: Permitted Uses.

A. The following Principal Uses are permitted in C-1A districts:

51. Church, synagogue, chapel or other place of religious worship including educational building, parsonage, church-related nursery or kindergarten, and other related uses meeting the following development standards:

a. It must be located on either an arterial or collector road;

b. The lot must have a minimum road frontage of 200 feet;

c. The lot must have an area of at least two (2) acres;

d. All buildings must be located at least fifty (50) feet from any property line;

g. Nothing herein shall prohibit or preclude a church from being located within a group development without the necessity of complying with these development standards.

Section 12: The following provision shall be deleted from the Zoning Ordinance of Spalding County, Article 13, "C-1A Neighborhood Commercial District:" Section 1303(A)(11) and such section shall appear as "Reserved."

Section 13: The foregoing amendments to the Zoning Ordinance of Spalding County shall become effective immediately upon adoption of this resolution.

Section 14: All Ordinances or resolutions in conflict herewith shall be and are hereby, repealed.

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

· Rezoning Application 00-16Z: Colwell-Turner Land Company, Colwell-Turner Land Development, LLC, and Watts & Colwell Builders, Inc., Owners, Reese Builders and Developers, Agent, South McDonough Road, 48.0 acres, AR-1 to R-2

IN RE:

APPLICATION OF REESE BUILDERS AND DEVELOPERS, COLDWELL-TURNER LAND DEVELOPMENT, AND WATTS & COLDWELL BUILDERS, INC.

FOR REZONING CERTAIN PROPERTY

LOCATED WITHIN SPALDING COUNTY,

GEORGIA;

REZONING APPLICATION 00-16Z

RESOLUTION AMENDING

THE ZONING ORDINANCE OF SPALDING COUNTY, GEORGIA

AND

THE OFFICIAL ZONING MAP OF SPALDING COUNTY, GEORGIA

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

WHEREAS, Reese Builders And Developers, Coldwell-Turner Land Development, and Watts & Coldwell Builders, 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 March 24, 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 May 25, 2000, pursuant to O.C.G.A. § 33-66-1, et. seq. in the Spalding County Hearing Room, Room 108, Spalding County Courthouse Annex, 119 East Solomon Street, Griffin, Spalding County, Georgia;

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

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

All that tract or parcel of land, lying and being in Land Lots 23 and 24 of the 2^nd Land District of Spalding County, Georgia, containing 91.52 acres, more or less, and more particularly shown and designated on that certain plat of survey entitled “Re-Zoning Plat AR-1 Zoning to R-2 Zoning Owner/Developer: Colwell-Turner Development Watts-Colwell Builders” by Terra Services, Inc., Registered Land Surveyors, on December 15, 1998, and being more particularly described according to said plat as follows: Beginning at an iron pin found at the southeast corner of Land Lot 24 which marks the intersection of land lots 24, 25, 40, and 41, thence from said beginning point north 89 degrees 31 minutes 25 seconds west a distance of 245.65 feet; thence north 89 degrees 29 minutes 42 seconds west a distance of 2058.56 feet; thence north 01 degree 04 minutes 49 seconds east a distance of 1813.19 feet; thence north 03 degrees 51 minutes 07 seconds east a distance of 401.56 feet; thence north 6 degrees 47 minutes 04 seconds east a distance of 208.48 feet; thence north 90 degrees 00 minutes 00 seconds west a distance of 433.59 feet to a point, said point being the beginning of a curve, said curve having a central angle 04 degrees 47 minutes 36 seconds, radius 1993.30, chord bearing north 28 degrees 33 minutes 20 seconds east and chord distance 166.71 feet, along said curve for an arc distance of 166.76 feet to the end of the curve; thence north 26 degrees 09 minutes 32 seconds east a distance of 343.78 feet; thence south 52 degrees 23 minutes 05 seconds east a distance of 257.75 feet; thence north 30 degrees 00 minutes 37 seconds east a distance of 84.58 feet; thence south 41 degrees 20 minutes 22 seconds east a distance of 100.34 feet; thence south 43 degrees 27 minutes 19 seconds eat a distance of 3115.09 feet; and thence south 04 degrees 09 minutes 51 seconds west a distance of 468.49 feet to the point of beginning.

From “AR-1, Agricultural and Residential” to “R-2, 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. 50% of the residential construction will consist of a minimum heated square footage of 1400 and 50% of the residential construction will consist of a minimum heated square footage of 1500.

b. All front yards shall be sodded. Side yards on double frontage lots must be sodded a minimum distance of ten (10) feet from the curb.

c. All driveways shall be paved.

d. All utilities will be installed underground.

e. Street lighting will be installed and maintained as required in Part IV, Chapter 6, entitled “Street Light Districts” of the Code of Spalding County, Georgia.

f. Residential development shall require the approval of the architectural control committee prior to the issuance of a building permit. This approval shall be in written form.

g. A minimum of four (4) trees and fifteen (15) shrubs shall be required in the front yards.

h. All residential construction shall have a brick, stucco, or stone accent on the front elevation.

i. Restrictive covenants protecting the integrity of the neighborhood will be required to be submitted at the time of final plat approval; however, with the exception of those conditions listed in Section 2(a-h), it is the obligation of the homeowners to enforce the recorded covenants.

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 June 5, 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 Lots 23 and 24 of the 2^nd Land District of originally Monroe, now Spalding County, Georgia, consisting of approximately 91.52 acres, zoned R-2, Conditional.

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

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

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

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

· Rezoning Application 00-17-Z: John S. Crowley, Owner, Georgia Land Development Agent, Highway 362, 48.0 acres, AR-1 to R-2

IN RE:

APPLICATION OF GEORGIA LAND DEVELOPMENT

AND JOHN S. CROWLEY

FOR REZONING CERTAIN PROPERTY

LOCATED WITHIN SPALDING COUNTY,

GEORGIA;

REZONING APPLICATION 00-17Z

RESOLUTION AMENDING

THE ZONING ORDINANCE OF SPALDING COUNTY, GEORGIA

AND

THE OFFICIAL ZONING MAP OF SPALDING COUNTY, GEORGIA

WHEREAS, Georgia Land Development and John S. Crowley, 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 March 24, 2000;

All that tract or parcel of land containing 48 acres, more or less, located on South McDonough Road in Land Lots 11 and 12 of the 3^rd District of Spalding County, Georgia, as shown on a survey for John S. Crowley by Gary Witherington, R.L.S., dated August 30, 1999, and being more particularly described as follows:

POINT OF BEGINNING being the northeast corner of Land Lot 11 and the southeast corner of Land Lot 12. From said Point of Beginning, thence south 00°51’24” west along the east line of Land Lot 11 a distance of 264.48 feet to a point; thence south 36°46’23” west a distance of 411.40 feet to a point, thence north 81°54’36” west a distance of 285.53 feet to a point in the center of an existing creek, thence south 41°20’36” west along the center of said creek a distance of 45.99 feet to a point, thence north 88°57’55” west a distance of 1,017.30 feet to a point on the northeast side of a gas easement, thence north 37°51’37” west along said gas easement a distance of 1,043.27 feet to a point on the southeast right-of-way of South McDonough Road (80’ R/W), thence north 35°48’15” east along said right-of-way a distance of 98.42 feet to a point, thence continuing along said right-of-way northeasterly 119.64 feet along a curve right having a radius of 1,413.40 feet and a chord of north 38°13’45” east a distance of 119.61 feet to a point, thence south 53°26’45” east a distance of 199.63 feet to a point, thence north 48°40’33” east a distance of 333.68 feet to a point, thence north 53°28’03” west a distance of 207.20 feet to a point on the southeast right-of-way of South McDonough Road, thence northeasterly 291.58 feet along said right-of-way along a curve right having a radius of 1,413.40 feet and a chord of north 60°03’28” east a distance of 291.06 feet to a point, thence continuing along said right-of-way north 65°58’04” east a distance of 179.56 feet to a point, thence continuing along said right-of-way 73 feet more or less along a curve left having a radius of 694.74 feet to a point on the center of Buck Creek, thence southeasterly and easterly along the center of Buck Creek 1,647.00 feet, more or less, to a point on the east line of Land Lot 12, thence south 00°41’59” east along the east line of Land Lot 12 556.00 feet, more or less, to Point of Beginning.

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

j. 50% of the residential development will consist of a minimum heated square footage of 1400 and 50% of the residential development will consist of a minimum heated square footage of 1500.

k. Front entrance shall be completed at time of submission of final plat of subdivision.

l. An acceleration and deceleration lane will be constructed at the entrance to the subdivision.

m. All front yards shall be sodded to the front corner of each house with ample pine straw islands. Side yards on double frontage lots must be sodded a minimum distance of ten (10) feet from the curb.

n. Residential development shall be constructed with brick or stone accents.

o. Residential development will require the completion of sidewalks and paved driveways on individual lots before a certificate of occupancy can be obtained.

p. All utilities will be underground.

q. Upon the sale of 50% of the homes in the Subdivision, homeowners shall become responsible for the expense of street lights and maintenance of entrance to said subdivision. All street lights will be installed and maintained as required in Part IV, Chapter 6, entitled “Street Light Districts” of the Code of Spalding County, Georgia.

r. Green space as shown on the preliminary plat submitted with rezoning application is required. A right-of-way entrance with a foot bridge, designed with appropriate safety standards, will be provided for entrance to the playground, picnic area, and walking trail.

Section 3:

On June 5, 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 Lots 11 and 12 of the 3^rd Land District of originally Monroe, now Spalding County, Georgia, consisting of approximately 48.0 acres, zoned R-2, Conditional.

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

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

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

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

3. Consider approval at second reading an ordinance amending the FY 2000 Budget Ordinance to provide for donation from AMBUCS Club.

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

Contributions and Donations From $ 0 to $ 4,812

B. Expenditures

Parks and Recreation From $ 1,923,758 to $ 1,928,570

Approved on first reading this 15^th day of May, 2000.

Approved, adopted and enacted on second reading this 5^th day of June, 2000.

4. Consider approval at second 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.

AN ORDINANCE AMENDING THE

FISCAL YEAR 2000 BUDGET ORDINANCE

FOR

SPALDING COUNTY, GEORGIA

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

Section I. General Fund

A. Revenues

Other Financing Sources From $ 191,946 to $ 362,617

B. Expenditures

Magistrate Court From $ 446,388 to $ 617,059

Information Systems From $ 122,406 to $ 134,606

Parks and Recreation From $ 1,854,148 to $ 1,923,758

Public Works From $ 2,943,319 to $ 2,861,509

Approved on first reading this 15^th day of May, 2000.

Approved, adopted and enacted on second reading this 5^th day of June, 2000.

5. Consider approval at second reading an ordinance amending the FY 2000 Budget Ordinance to provide for drug testing supplies for the GRIPP Program.

AN ORDINANCE AMENDING THE

FISCAL YEAR 2000 BUDGET ORDINANCE

FOR

SPALDING COUNTY, GEORGIA

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

Section I. General Fund

A. Revenues

Charges for Services From $ 2,513,234 to $ 2,518,234

B. Expenditures

Adult Probation From $ 113,510 to $ 118,510

Approved on first reading this 15^th day of May, 2000.

Approved, adopted and enacted on second reading this 5^th day of June, 2000.

6. Consider approval at second reading an ordinance establishing O’Dell Road as a “No Through Truck” Route.

SPALDING COUNTY, GEORGIA

STREET USE ORDINANCE

ORDINANCE NO. 2000-06

AN ORDINANCE

TO AMEND THE CODE OF SPALDING COUNTY, GEORGIA, TO PROVIDE FOR NO THROUGH TRUCKS ON CERTAIN COUNTY ROADS.

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 VI, Chapter 2, Section 6-2004, relating to no through trucks on streets, by adding paragraph (40) as follows:

“(40) O’Dell Road from 19/41 Bypass to Carver 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.

IX. OLD BUSINESS

1. Dr. J. Sherman Pelt desires to address the Board regarding the use of a PA System for their conference of July 16-20 at New Era. (Requires approval of motion to lift from the table.) Upon motion made by Commissioner Kendall, seconded by Commissioner Martha McDaniel item was lifted from the table by a unanimous vote of 5-0.

Dr. Sherman Pelt gave his address as 98 Gatley Court, Riverdale, GA and stated he was representing the property of 1229 Green Valley Road. He asked for permission to use amplification for their conference of July 16-20, 2000. He said this is will a conference for youth from 12 to 18 years of age and a large part of the services will be oratorical speaking. During the day there will be just classes. They are expecting numbers between 300 to 400.

On motion by Commissioner Childres permission was given for amplification between the hours of 7:00 to 9:00 p.m. only with a stipulation of amplification for gospel music only. Commissioner Johnie McDaniel seconded the motion and motion was unanimously approved by a vote of 5-0.

2. Consider approval of realignment of E. College, Macon Road and Futral Road Intersection proposed by DOT. In lieu of the present offset intersection, DOT has come back to us with the straight end alignment, which was the original proposal. This will require additional right-of-way by the county. This will be done under traffic and safety with DOT paying most of the cost.

Motion made by Commissioner Martha McDaniel to approve realignment plan presented by DOT with the stipulation of no sidewalks. Commissioner Childres seconded the motion and motion was unanimously approved.

3. Lift from the table replacement appointment of Ancil Baird to the McIntosh Trail Community Service Board with Board of Health recommendation of Horace “Bud” Kelley. Motion made by Commissioner Massengale, seconded by Commissioner Kendall to lift this item from the table and unanimously approved.

Upon motion by Commissioner Kendall, seconded by Commissioner Massengale the recommendation from the Board of Health appointing Horace “Bud” Kelley to McIntosh Trail Community Service Board was unanimously approved by a vote of 5-0.

X. NEW BUSINESS

1. Consider approval of Alcoholic Beverage License for James Watson Sailors d/b/a Merrybrook, Inc., 2928 Williamson Road, Retail Sales—Beer and Wine—2000 License. Upon motion by Commissioner Childres, seconded by Commissioner Martha McDaniel application was approved by a vote of 4-1 with Commissioner Johnie McDaniel voting against.

2. Consider approval of Alcoholic Beverage License for Akbar Hirani d/b/a Superfoods, 2529 Old Atlanta Highway, Retail Sales—Beer and Wine—2000 License. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres application was approved by a vote of 4-1 with Commissioner Johnie McDaniel voting against.

3. Consider approval of proposal for Indigent Defense for the period July 1, 2000 – June 30, 2002. The proposal from Sullivan and Sturdivant is in the amount of $455,000 for the term July 1, 2000 through June 30, 2001 and $465,000 for the term July 1, 2001 through June 30, 2002. The current contract was $440,000 which expires June 30, 2000.

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the proposal from Sullivan & Sturdivant was unanimously approved by a vote of 5-0.

4. Consider approval of contract for Section 5311 Public Transportation Program. Lanier Boatwright, Executive Director of McIntosh Trail Regional Development Center was present to address the Board. Mr. Boatwright commented that this is the program for the five county public rider ship. He asked the Board to approve the contract presented before them with the idea that it has to be amended, which has been approved by DOT after approved contract has been submitted. It does not include fairbox figure and purchasing services. He said that the new firm is providing service but not being paid.

Motion made by Commissioner Martha McDaniel to table this contract until negotiations between McIntosh Trail Regional Development Center and DOT have been completed and amended budget is submitted showing the inclusion of purchased services in an amount approximate to the amount of the local share, $60,858. Commissioner Childres seconded the motion and motion to table passed by a vote of 4-1 with Commissioner Kendall voting against.

5. Consider request from Griffin Main Street. The request would be for $12,500. Chairman Kendall stated that Ms. Carolyn Byrd could not attend the meeting tonight due to illness in her family. Motion made by Commissioner Martha McDaniel to table this item until the June 19, 2000 meeting. Commissioner Childres seconded the motion and motion was unanimously approved.

6. Discuss Hotel/Motel Tax funds for Doc Holliday Society. The request from Mr. Bill Dunn, President of the Doc Holliday Society was in the amount of $8,000. Commissioner Martha McDaniel stated that our county attorney had advised us previously that we could not contribute any money to this Society unless they were 501-C3 corporations. A letter from the Secretary of State states that they are a non-profit corporation but for us to contribute they will have to have a ruling from the IRS as far as being tax exempt.

Mr. Dunn was asked if he was aware of the 501-C3 and he said he was not. He had received a statement at one time asking if they wanted to be tax exempt; however, at the time the Society did not see the importance of that but now they do. They will have to fill out a form and send back to the Internal Revenue Service to get tax-exempt status.

Motion made by Commissioner Martha McDaniel to table this request indefinitely until the Doc Holliday Society can get tax exempt status. Commissioner Massengale seconded the motion and motion was unanimously approved by a vote of 5-0.

7. Authorize extension of contract with Mauldin and Jenkins for FY 2000 Audit (No increases). Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Massengale extension of contract was unanimously approved by a vote of 5-0.

8. Consider Conditional Final Plat of the following:

Upon motion by Commissioner Massengale, seconded by Commissioner Johnie McDaniel conditional final plats were approved by a unanimous vote of 5-0.

Cody’s Plantation: Southside Developers, Inc. Owner, located at SE corner of Vineyard Road and Cowan Road, 81.29 acres. (approval to be conditioned upon final review by engineer of detention pond as-built certifications, final approval from public works, final approval from the city for the sewer lines, and/or posting of bond for items incomplete)

Deer Creek: Brent Scarbrough, Owner, located Macon Road, 8.39 acres (approval to be conditioned upon final review by engineer of detention pond as-built certifications, final approval from the city for the sewer lines, final approval from public works, and/or posting of bond for items incomplete)

9. Consider appointment to Personnel Appeals Board to fill the unexpired term of Mate Youngblood (12-31-02). Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres this item was tabled until the meeting of June 19, 2000 by a unanimous vote of 5-0.

10. Consider request from Griffin/Spalding School System for a stop and go traffic signal at the SR 16/Wilson Road Intersection and approval of application for signalization from DOT. Upon motion by Commissioner Childres, seconded by Commissioner Martha McDaniel request from School System and application for signalization from DOT was unanimously approved by a vote of 5-0.

11. Consider proposal from Integrated Science and Engineering for site development plans for the L. B. Norton Fire Station. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres proposal in the amount of $8,424 was unanimously approved by a vote of 5-0.

12. Consider approval of Janitorial Services Agreement with Department of Family and Children Services for FY 2001. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres Agreement in the amount of $650/month was unanimously approved by a vote of 5-0.

13. Consider approval of Payment Agreement with Central Georgia EMC for pole relocation on Hosannah Road. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres unanimous approval of 5-0 was given for actual cost of relocation.

14. Consider approval of Easement Agreements for sewer line extensions in Wyomia Tyus Olympic Park with the City of Griffin. Upon motion by Commissioner Childres, seconded by Commissioner Martha McDaniel Easement Agreements were unanimously approved by a vote of 5-0.

15. Consider approval of Local Elected Officials’ Agreement for WIA and appointment of a county designee for the WIA Chief Elected Officials Organization. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Johnie McDaniel the following Agreement was unanimously approved by a vote of 5-0 and motion also included the county’s designee as Commissioner Massengale.

Local Elected Officials’ Agreement for WIA

Region IV

The Local Elected Officials of Region IV will organize a Chief Elected Officials Organization (CEOO). Each county will have two representatives, one for county governments and one for all municipalities within the county.

I. Operation of the Chief Elected Officials Organization (CEOO)

The County Commission Chairman or designee of each county and the mayor or designee of a municipality from each county shall be the Chief Elected Officials Organization.

The Organization will elect a Chairman and Vice-Chairman along with five additional at-large members to an Executive Committee.

The organization’s By-laws shall provide that there shall be an annual meeting; that the Executive Committee has the delegated authority for the operation of the organization; and that the Chairman of the Committee shall be the signatory official for the CEOO.

II. Terms of Office

Members of the Chief Elected Official’s Organization will serve until a replacement is appointed by the appropriate unit of government.

III. Responsibilities

The CEOO’s members will be responsible for ensuring local governments are informed of activities relative to WIA.

The CEOO will collaborate with the Workforce Investment Board to develop and submit a local five year plan for workforce development including education and training services to the Governor.

The CEOO, in partnership with the WIB, shall conduct oversight with respect to local youth programs, employment and training programs, the one-stop delivery system in the region, rehabilitation services and adult literacy programs address in WIA.

The CEOO and WIB will negotiate performance measures with the Governor per guidelines established by the Secretary of Labor.

The CEOO will appoint members of the Workforce Investment Board (WIB) from nominations made by appropriate organizations. The CEOO will establish the membership of the WIB to meet the requirements of WIA, to ensure a fair representation of all counties and sector of the region.

The CEOO will serve as, or appoint, the grant recipient for job training funds provided under the Act, which includes the responsibility for receiving and disbursing formula grant funds.

The CEOO will approve the WIB budget.

The CEOO will designate and certify one-stop operators jointly with the WIB.

16. Consider approval at first reading an amendment to the Spalding County Code relative to littering. This is for mandatory fines for littering which imposes a $250 fine for first offense, $500 fine for second offense and $1,000 fine for third offense. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Johnie McDaniel the amendment to the Code was unanimously approved by a vote of 5-0. The Ordinance will be incorporated into the meeting on second and final reading.

17. Establish date and time for SPLOST update and review of recommendations of Parks and Recreation Advisory Committee. Upon motion by Commissioner Johnie McDaniel, seconded by Commissioner Childres approval was given unanimously for a date of Monday, July 10, 2000 at 6:00 PM.

XI. REPORT OF COUNTY MANAGER – no report

XII. REPORT OF COMMISSIONERS

Commissioner Massengale had no comments.

Commissioner Johnie McDaniel stated he had just finished a class through ACCG entitled “Human Services, a program called Family Connection, Workforce Investment Act”. He said that he knew nothing about Family Connection. He said he knew that we have a Family Connection board but had not seen any reports on this on a regular basis. He asked staff if they could get the members of the Board some information and found out who the coordinator is as he would like to contact this person as he has some interest in these areas.

Commissioner Kendall commented to Mr. McDaniel that this entire program has been handled through the Health Department and suggested that he talk to Mr. Wayne Moss and he can enlighten you as to what has been taking place with all these specific programs and bring you up to date on these programs. Mrs. McDaniel commented that she was the county’s representative.

Commissioner Martha McDaniel had no comments.

Commissioner Childres had no comments.

Commissioner Kendall made comments regarding the proposed Hospital Foundation. He wanted to know if the Hospital Authority has sent the proposed Community Foundation Proposal to the Commission. He said there is a specific proposal that Attorney Cogburn drew up that the Hospital Authority voted on at their last meeting that was suppose to be recommended to the City Commission and County Commission. Deputy County Manager Wilson stated that as far as he knew, we had not seen the proposal. Mr. Kendall said that the proposal is for a foundation that would essentially allow for the Hospital Authority to invest the proceeds they have in their possession in some manner outside of those invested vehicles that are prescribed in the statutes. He said the question is whether there is any willingness on our part in investing money in any way outside of the confines of the prescribed law. Mr. Kendall commented that we need to get a copy of this proposal and each commissioner review this and place this on the June 19, 2000 Agenda.

XIII. CLOSED MEETING – n/a

XIV. ADJOURNMENT

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

County Clerk/County Manager Chairman