EXTRAORDINARY SESSION

 

The Board of Commissioners of Spalding County, Georgia, held their extraordinary session on Monday, June 19, 2000 in their office in the Courthouse Annex in the City of Griffin, Spalding County, Georgia, beginning at 6:00 o’clock p.m. with Commissioners Earle Childres, Martha McDaniel, Merrill Massengale, Johnie McDaniel and Michael Kendall present. Also present were County Manager Mike Ruffin, Deputy County Manager William Wilson, County Attorney Jim Fortune and Executive Secretary Phyllis Doane.

 

Agenda Topics

 

 

I.    OPENING (CALL TO ORDER) – Chairman Kendall

 

II.   INVOCATION - Rev. Randy Valimont

 

III.   PLEDGE TO FLAG – Led by Chairman Kendall

 

IV.        PRESENTATIONS/PROCLAMATIONS/RECOGNITION – n/a

 

V.   CITIZENS COMMENTS – n/a

 

VI.   PUBLIC COMMENT

 

Ms. Retha Brown gave her address as 122 Crystal Brook and Ms. Louise Tipton Ballard gave her address as 1924 Jackson Road and they are members of the Keep Griffin-Spalding Beautiful Commission.  They said they were here because of the tougher littering law, which needs to be passed.  Ms. Ballard read the duties of the Committee and said the County and City organized them as a Commission in 1992.  Ms. Ballard stated that they needed the support of the Board of Commissioners to help them clean up Griffin and asked them to support the littering ordinance to be voted on tonight and to enforce this ordinance.  Ms. Brown commented that when the Commission has the Keep Griffin/Spalding Clean-up, they would like the Board of Commissioners to support them in this effort.

 

VII.     MINUTES

 

1.  Consider approval of the minutes for the Public Hearing of May 25, 2000 and meetings of June 5, 2000.  Upon motion by Commissioner Childres, seconded by Commissioner Martha McDaniel the minutes were unanimously approved by a vote of 5-0.

VIII.  CONSENT AGENDA

 

1.  Consider approval at second reading of an amendment to the Spalding County Code relative to littering.  Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres and Commissioner Massengale simultaneously the following ordinance was unanimously approved by a vote of 5-0.

 

SPALDING COUNTY, GEORGIA

OFFENSES

ORDINANCE NO. 2000-07

 

AN ORDINANCE

 

AN ORDINANCE TO AMEND THE CODE OF SPALDING COUNTY, GEORGIA, SECTION 11-2005 OF CHAPTER 2, ARTICLE A, LITTERING PUBLIC AND PRIVATE PROPERTY.

 

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

 

Section l.   Be it resolved that Section 11-2005 is hereby amended by adding a second paragraph under sub-paragraph (c) to read as follows:

            “ Upon the first conviction under this article the Court shall impose a fine of not less than $250.  Upon a second conviction under this article the court shall impose a fine of not less than $500.  Upon a third or more convictions under this article, the court shall impose a fine of not less than $1,000.”

Section 2.  Be it resolved that Section 11-2005 is further amended by adding a new sub-paragraph to be denominated as sub-paragraph (g) to read as follows:

            “(g) If a person convicted under this article informs the Court that he or she is unable to pay the fine imposed by the Court, then the Court may, in its sole discretion, allow the person so convicted to work off his fine by removing any and all litter from any public street, highway or public right of way.  The convicted person shall receive a credit of $10 against the total amount of the fine imposed by the Court for each hour spent removing the litter as aforesaid.

Section 3.  This ordinance shall be and become effective immediately upon its adoption by the Board of Commissioners of Spalding County, Georgia, as prescribed by Section 2-1005 of the Code of Spalding County.

Section 4.    All ordinances and parts of ordinances in conflict herewith are repealed.

 

IX.        OLD BUSINESS

 

2.      Lift from the table consider appointment to Personnel Appeals Board to fill the unexpired term of Mate Youngblood (12-31-02).  There was no recommendation for an appointment; therefore this item will be placed on the next agenda.

 

3.      Lift from the table consider request from Griffin Main Street.  Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Johnie McDaniel this item was lifted from the table by a unanimous vote of 5-0.

 

Ms. Carolyn Byrd was present to address her request.  She said she was requesting money from the tourism fund in the amount of $12,500 to purchase banners for the next Street Scape Phase and also for regional advertising purposes.  Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres request of $12,500 was unanimously approved by a vote of 5-0. 

 

X.           NEW BUSINESS

1.       Consider approval of Financial Statements for the Eleven Months Ended May 31, 2000.  Ms. Jinna Garrison was present to answer any questions the Board might have.  Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres Financial Statements were unanimously approved by a vote of 5-0.

 

2.       Consider recommendations from Parks and Recreation Advisory Commission. The requests were as follows: 

 

1) The following penalties apply to managers, coaches and participants regarding the use of tobacco products and alcohol on Parks and Recreation Department Facilities; First Offense:  Ejection from game; Second Offense:  Ejection from game and park plus a one-game suspension; Third Offense: Ejection from game and park plus suspension for the rest of the season.

 

After a discussion by Chairman Kendall regarding the penalty offenses being all the same for each sport, he made a motion if you get ejected from the game, make the offenses all the same, which is a seven day suspension and as in other sports and make this rule effective August 1, 2000 to allow everyone to get their tobacco habits regulated. Commissioner Martha McDaniel seconded the motion and motion was unanimously approved by a vote of 5-0.

 

2) Recommended to the Board of Commissioners that Parks and Recreation be given permission to prepare a grant to the Spalding Health Care Trust Fund for funds to place a rubberized walking trail at Wyomia Tyus Olympic Park (WTOP).  Mr. Louis Greene stated that the cost to install this rubberized walking trail would be $84,000. 

 

Upon motion by Commissioner Johnie McDaniel, seconded by Commissioner Martha McDaniel authorization was given to submit this grant by a unanimous vote of 5-0.

 

3.      Consider approval of Supplemental Agreement #1 for Wyomia Tyus Olympic Park, Phase III.  Upon motion by Commissioner Childres, seconded by Commissioner Martha McDaniel Supplemental Agreement in the amount of $26,196 was unanimously approved by a vote of 5-0. 

 

4.      Consider approval of Assistant Public Works Director Position.  Chairman Kendall stated that this is the position that is being currently filled by our Recycling Coordinator and he has been handling responsibilities when the Public Works Director is out of the office.  The salary range will be $33,230-$49,329.  Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres Assistant Public Works Director position was unanimously approved by a vote of 5-0.

 

5.      Consider request from the City of Griffin for funding of 50% of the July 4^th Fireworks.  Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres an amount of $5,000 was unanimously approved by a vote of 5-0.

 

6.      Consider approval of Quitclaim Deed from Department of Transportation accepting a portion of State Route 85 Connector.  Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres acceptance of the Quitclaim Deed was unanimously approved by a vote of 5-0.

 

7.      Consider approval at first reading the Fiscal Year 2001 Budget Ordinance. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the Fiscal Year 2001 Budget Ordinance was approved at first reading by a unanimous vote of 5-0. The Budget Ordinance will be incorporated into the minutes on second and final reading.

 

8.      Consider canceling the July 3, 2000 Commission Meeting.  Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the July 3, 2000 meeting was cancelled by a unanimous vote of 5-0.

 

9.      Set date for Special Meeting with Planning Commission and Board of Zoning Appeals.  Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Massengale unanimous approval was given to the date of Thursday, August 17, 2000 and time of 6:00 PM.

 

10.   Review of creation of Griffin-Spalding Health Care Foundation, Inc. as proposed by Griffin-Spalding County Hospital Authority.  County Attorney Fortune commented on the proposed foundation.  He said that he and City Attorney Drew Whalen had corresponded with Jake Cogburn stating that as the law that exists right now the proposed Foundation would be under the same constraints that the Hospital Authority is under.  The whole purpose for this Foundation is to provide a vehicle which would allow more aggressive investment of funds.  He said this creation of a Foundation is very close to being the very organization that the court has already ruled that vehicle illegal. Mr. Fortune commented that his recommendation would be to go to the Legislature and have them handle this legislation for us.  The more funds generated, the more funds there will be to do the work envisioned by the Hospital Authority’s Act.  He said everybody wants to have greater yield from the investments but the question is how to go about it and what is the proper vehicle.

 

Commissioner Martha McDaniel asked Mr. Fortune if it was discussed at any time what the risk factor was.  Mr. Fortune commented that they did not talk about any specific formula to invest or the mix of a portfolio.  Commissioner Kendall stated that he had not made up his mind that he would even want the Hospital Authority to put any of this money at risk even if the Legislature should give them the authority to do so.

 

Commissioner Martha McDaniel stated she could go along with the “sugar jar” theory, which is money that the Health Care Trust has made off of previous investments.  She said she was talking about money that was made over and beyond what is due every year from the Hospital sale plus the windfall amount that came in less the deductions by the original investments by the taxpayers of Spalding County.  She said this is the money that could be invested more aggressively.

 

Motion made by Commissioner Kendall not to support this document to create the Griffin-Spalding Health Care Foundation that permits investment of money other than currently permitted by Georgia Law.  Commissioner Childres seconded the motion and motion was unanimously approved by a vote of 5-0. 

XI.        REPORT OF COUNTY MANAGER

County Manager Ruffin made the Board aware that Environmental Health will be relocating to the Spalding County Health Department by the first of July if there are no objections from the Board of Health.  He said that the county needs the office space for Code Enforcement and GIS Administrator and Mr. Moss is already located at the Health Department.

 

County Manager Ruffin made the Board aware that the County could no longer insure county appointed members to the Board of Health under our County Liability Insurance Program.  The State covers the Board of Health individually and the County covers them corporately.  They will have to purchase another policy.  He said that we cannot cover them on the County policy because they are a self-governing Board.

 

XII.         REPORT OF COMMISSIONERS

 

Commissioner Massengale stated a citizen concerned about the trees and sod at the new Cowan Road Middle School contacted him.  They have purchased $68,000 worth of trees and sod and they cannot water them because of this water ban.  Mr. Massengale stated that they are even thinking about drilling a well out there.  He said for Special Exceptions Henry County allows two (2) days a week for this kind of watering to be done.  Mr. Massengale was told that the Board of Education needs to take this up with the City of Griffin because they are the ones that have issued the outside water ban.

 

Commissioner Massengale stated that he was contacted about the Watershed Protection Act that seems to only affect the 4^th and 5^th Districts of Spalding County.  He said there was a lot of confusion and we need to get this cleared up.  Mr. Sabine stated that the Board of Commissioners adopted the Watershed Protection map and we will enforce the map.  It has only been implemented a few months.  County Manager Ruffin stated that this is an overlay zone much like the Arthur K. Bolton Parkway and imposes requirements to protect water quality.  This is a state ordinance adopted by counties.  He said that in this overlay zone you usually have larger lot sizes and setbacks from watercourses that are fairly stiff.  The Commissioners asked for a copy of the Watershed Map.  Commissioner Massengale stated that the public needs to know if we are going to change the structure totally of how lots are allotted out in these two (2) districts.

 

Commissioner Johnie McDaniel commented that he had been contacted by a constituent complaining about a construction site that backs up to a residential area and has no portable toilet on it and people were making use of the narrow trees between the construction site and the residential area.  Spalding County has no requirement of a port-a-potty on a building site and he feels that we should charge the Planning Commission in coming up with something reasonable that require a portable toilet on a building site.  Staff was instructed to survey other counties’ ordinances covering this.

 

Commissioner Martha McDaniel stated that the original painting of Thomas Spalding is in the basement of the Georgia Preservation Society in Savannah, GA and she said that they are running out of room and asked for the Board’s permission for Deputy County Manager Wilson to write to the Georgia Preservation Society and see if they would be interested in Spalding County purchasing the original portrait of Mr. Spalding.  The Board asked Mr. Wilson to see if they could get in on permanent loan.

 

Commissioner Childres had no comments.

 

Commissioner Kendall had no comments. 

 

XIII.      CLOSED MEETING

 

Upon motion by Commissioner Childres, seconded by Commissioner Massengale the Board voted unanimously to go into Executive Session.

 

Those present were Commissioners Michael Kendall, Earle Childres, Martha McDaniel, Johnie McDaniel, Merrill Massengale, County Manager Mike Ruffin, Deputy County Manager William Wilson, County Attorney Jim Fortune, Interim County Planner Michael Sabine and Executive Secretary Phyllis Doane.

 

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

 

2.       Chairman Kendall desires to discuss pending litigation.

 

CLOSED MEETING AFFIDAVIT

[A copy of the affidavit must be filed with the minutes of the meeting]

 

 

STATE OF GEORGIA

COUNTY OF SPALDING

AFFIDAVIT OF CHAIRMAN

 

­­­­­­­M. Michael Kendall, Chairman, of the Spalding County Board of Commissioners, being duly sworn, states under oath that the following is true and accurate to the best of his knowledge and belief:

 

1.

The Spalding County Board of Commissioners met in a duly advertised meeting on June 19, 2000.

 

2.

During such meeting, the Board voted to go into closed session.

 

3.

The executive session was called to order at  ­­­7:40  p.m.

 

4.

The subject matter of the closed portion of the meeting was devoted to the following matter(s) within the exceptions provided in the open meetings law:

 

Yes  Consultation with the county attorney or other legal counsel to discuss pending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions brought or to be brought by or against the county or any officer or employee or in which the county or any officer or employee may be directly involved as provided in O.C.G.A. § 50-14-2(1);

 

No  Discussion of tax matters made confidential by state law as provided by O.C.G.A. § 50-14-2(2) and

(insert the citation to the legal authority making the tax matter confidential)__________;

 

No Discussion of the future acquisition of real estate as provided by O.C.G.A. § 50-14-3(4);

 

No  Discussion or deliberation on the appointment, employment, compensation, hiring, disciplinary action or dismissal, or periodic evaluation or rating of a county officer or employee as provided in O.C.G.A. § 50-14-3(6);

 

No Other (describe the exemption to the open meetings law): ______________________________________ ____________________________ as provided in (insert the citation to the legal authority

exempting the topic)_____________________.

 

This the 19th day of June 2000.

 

                                                                 

Chairman

Spalding County Board of Commissioners

Sworn to and subscribed

Before me this 19th day of June 2000.

                                               

Notary Public

My commission expires: March 18, 2002

 

Upon motion by Commissioner Childres, seconded by Commissioner Martha McDaniel the Board voted unanimously to come out of Closed Session and go back into Open Session.

 

XIV.     ADJOURNMENT

 

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

 

                                                                                                                                                           

County Clerk/County Manager                                       Chairman

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PUBLIC HEARING

 

A public hearing was held by the Spalding County Board of Commissioners in their office in the Courthouse Annex, Thursday, June 22, 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 County Manager Mike Ruffin, Interim County Planner Michael Sabine, GIS Administrator Nancy Moon, Zoning Attorney Newton Galloway and Executive Secretary Phyllis Doane.

 

A G E N D A

 

1.   Call to order – Chairman Kendall

 

2.         Special Exceptions, Rezoning Requests and Text Amendments:

 

Application #00-20Z:  Silas J. and Nancy M. Stephens, Owners – Michael Stephens, Agent – 120 LaPrade Road – requesting a rezoning from R-1, Single Family Residential Low Density to R-2, Single Family Residential.  Mr. Michael Stephens spoke on behalf of this application.  He gave his address as 1441 Experiment Street and said this was to build a single dwelling house.  The lot is presently zoned for a minimum of 1500 SF; however, most of the houses in the area are much smaller and he would like to build a smaller house that is compatible with the ones in the area.

 

There was no one signed up to speak in opposition to the rezoning application.

 

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres Application #00-20Z was unanimously approved by a vote of 5-0. The Resolution will be incorporated into the minutes on second and final reading.

 

Application #00-36S:  Roberta Davis, Owner – 111 Vaughn Circle – requesting a Special Exception to allow a Class A Manufactured Home in the AR-1 District.  Mr. Roberta Davis, Owner gave her address as 111 Vaughn Circle and stated she bought the land before the Special Exception was enacted.  She said she feels this mobile home will be good to have in the neighborhood.

 

There was no one signed up to speak in opposition to the rezoning application.

 

Upon motion by Commissioner Childres, seconded by Commissioner Martha McDaniel Application #00-36S was unanimously approved by a vote of 5-0.

 

Application #00-22Z:  Brent Scarbrough, Owner – C. Mark McCullough, Agent – 272 Futral Road – requesting a rezoning from AR-1, Agricultural and Residential, to C-1A, Neighborhood Commercial.  Mr. Mark McCullough, Agent spoke on behalf of this application.  He gave his address as 704 West Taylor Street and he said this would be a neighborhood commercial development at the corner of Futral and Wilson Roads.  The purpose of the development will be to support the newly developed education facilities, surrounding commercial/industrial community and the adjacent 190+ lot subdivision currently under development. 

 

There was no one signed up to speak in opposition to the rezoning application.

 

Upon motion by Commissioner Massengale, seconded by Commissioner Johnie McDaniel Application #00-22Z was approved by a vote of 3-2 with Commissioners Childres and Martha McDaniel voting against the approval.  The Resolution will be incorporated into the minutes on second and final reading.

 

Application #00-38S:  Paul D. Lamb, Owner – GeoTrans Wireless, Agent – 5930 Jackson 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, Bldg. 100, Ste 175, Roswell, GA spoke on behalf of Nextel Communications to request Special Exception to construct a Telecommunications Tower in East Spalding County.  He said this tower would be located on 10.4 acres of a combination of wood and pastures.  He said Nextel is proposing to construct a 250 ft. self-supporting tower that could accommodate a minimum of four (4) carriers including Nextel.  This tower will provide portable coverage along I-75 and Route 16 east of the town of Griffin.  He explained to the Board why they could not collocate on the existing towers in the area. 

 

There was no one signed up to speak in opposition to this application.

 

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Massengale Application #00-38S was unanimously approved by a vote of 5-0.

 

Application #00-23Z:  Mason C. Huguley, Jr., Owner – Pilkenton-Murray LLC, Agent – 39.898 acres on Minter Road, located in Land Lot 22 of the 3^rd Land District – requesting a rezoning from AR-1, Agricultural and Residential, to R-2, Single Family Residential.

 

Chairman Kendall stated that this application has been withdrawn.

 

Application #00-31S:  Lift from the table - Robert Wallace Kingsbury, III, Owner – GeoTrans Wireless, Agent – 90 Pine Lake Road – requesting a Special Exception to allow a telecommunications tower in the AR-1 District.

 

Motion made by Commissioner Johnie McDaniel, seconded by Commissioner Massengale and unanimously approved Application #00-31S was lifted from the table.

 

Mr. Allen Richardson, GeoTrans Wireless, gave his address as 1080 Holcomb Bridge Road, Bldg. 100, Ste 175, Roswell, GA and spoke on behalf of Nextel.  He said that they had revisited this site and addressed the issues raised at the last public hearing.  He said the point was raised that the citizens would like to relocate the tower in a position that would be the least obtrusive.  He said based upon the expert opinion of our Nextel construction engineers, they advised us to keep the tower the same distance off the northern property line because there is a natural buffer of trees and this would be better than putting in an open field.  He showed new drawings where the tower is moved to the east down the tree line away from Pine Lake Road.  He said they would still meet and exceed all the setbacks required in the county ordinance.  He said in addition to accommodate the wishes of the Board all utility and telephone lines will be buried.  He said they were trying to work with the citizens to the best of their ability.  He also addressed the issue of potential commercial property at Brooks Road/Highway 16, a BP station located there.  He said they could not go on this site because the site is too small and there is also a home there which would mean they would not be able to meet the required setbacks.  The other commercial property site to be considered was at Highway 16/85 Connector (Huckaby’s) and the construction engineers stated this is to the west of the proposed location and did not provide the same coverage.

 

Those signed up to speak in opposition were as follows:

 

Mr. Andy Cash gave his address as 85 Pasha Drive, Brooks, GA slightly east of the proposed tower location.  He said that the primary coverage from this site would be in Fayette County within a three-mile radius from the proposed tower.  He said that we need to look at what is Spalding County getting out of this tower and the service from Nextel.  He showed maps which showed a location on Line Creek Road, which is ¼ mile from any house with an elevation of 772 ft. with a three mile radius from this site it would cover the whole end of the county with very little overlapping into other counties and also a location at Huckaby’s on Highway 16/85 Connector/Tri County Road, where Mr. Hambrick owns the property.  Mr. Hambrick said that he would be interested in talking with GeoTrans Wireless about them locating on this property; however, he has not been contacted as of yet by anyone.  The coverage on that site within a three-mile radius it covers the same area that would be covered by the proposed location site.  Mr. Cash said that Fayette County requires 1,000 feet from any residence.  He said that he was not opposed to progress in this county and would not be in opposition to 150 ft. tower but putting a 250 ft. tower out here in our area does not make any sense when most of the coverage would be in another county. He handed the Board a fax he had received today from American Tower, which their tower is proposed at Highway 16 and Blalock Fire Station (Rucks’ property) is 150 ft. monopole tower with elevation of 750 ft.  He read from fax that they stated this would serve the communities of Digby, Zetella, Blanton Mill and Vaughn.  He said that he had talked with Freddie Johnson who operates a business at Brooks Road/Highway 16 and he told them that he had been contacted by Nextel and was told that if the proposed site did not work out then his property would be their second choice.  He said that Nextel had not attempted to collocate on the American Tower on Carson Road in Fayette County.  He said there was also space on the American Tower to be constructed on the Rucks property. 

 

Mr. Richardson stated that American Tower couldn’t speak for them as they can’t speak for BellSouth.  He said that they do not know what their systems are and their coverage areas and he can only speak for Nextel.  He said that they were trying to build their existing network and provide the coverage needed in Spalding County.  He said they were not trying to put this tower to stay out of one county or be in one county, they were just trying to cover as much ground area as they can.  He said it is only when the zoning issues come up when the county lines come into play. 

 

Ms. Patricia Doster gave her address as 174 Lynch Road, Brooks, GA.  She said that this is a continuation of Pine Lake Road.  She stated that she was against having this tower at this site.  She said it could be moved away from these houses and she backed everything Mr. Cash said previously.

 

Ms. Juia H. Manos gave her address as 1021 Tri County Road stated that she agreed with everything that has been said.  She said that she was against creating another commercial area when we have other places that are really more suitable than what is being proposed.

 

Mr. John Setzer gave his address as 423 Mask Road, Brooks, GA stated the citizens were not refuting the need for the tower as there is a dead spot in the highway in this area, but feels that with all the information already presented tonight that Nextel could collocate on another tower, possibly move further down the road or possible a split cell, which is having two small towers instead of one large one.  He said that the citizens who live in this community have invested a lot of money into school, churches, lands, homes, etc. and this is a great place to live.  He said that he knows that Nextel wants to invest and have their businesses grow one way or the other.  He said that he did the research with American Tower and stated this tower is just across the county line within a mile of the proposed location from GeoTrans.  He said this tower was put in a couple of years ago.  The location is Mask and Carson Road in Brooks.  The ground level is almost 800 ft. and is a 250 ft. guide tower and Air Touch is the main provider.  He said he was told that this tower is open at 240 ft.  He said that American Towers is willing to take on Nextel but have not been contacted.  He said one of the locations that the citizens suggested at the zoning meeting and at the last meeting is a commercial site across from Huckaby’s store.  He said that he had talked with the owner of the property today and he has not been contacted by anybody about any tower, leasing any land at all.  He said this location is at Brooks Road/85 Connector.  He said the proposed tower site is a little less than ½ mile from the commercial property.  He said the citizens of this community do not feel that all the alternatives have been explored. 

 

Ms. Julie Cash gave her address as 85 Pasha Drive, Brooks, GA. stated that the Board of Commissioners had already approved a lot of towers and feels that a lot of opposition should count for something.  She said that the Board does not have to approve every tower that comes before them. 

 

Mr. Bill Dahlin gave his address as 545 South Walkers Mill Road, Griffin, GA.  He said that Mr. Kingsbury is his father-in-law and GeoTrans contacted him several months ago about locating this tower and he talked to me about it and at first he was not real excited about it because he thought it was a huge tower and be an eye sore.  Then after learning more about it, he found out that it was going to be a smaller tower and would not have a bright light and the light would be shielded from the neighbors.  He said that GeoTrans was very adamant that it had to be in the field where they have it located.  After several months of talking about it, even before the money issue came up, he investigated to see if it was something allowable on his property.  He said the tower would not be any where near any of the neighbor’s yards.  He said you put a tower in a necessary spot where it is needed.  He said that he really couldn’t see where the opposition should exist.  He said GeoTrans worked on reaching agreement on this spot for some time and they would have not done so if it was not that important to find exactly the right location site.  Mr. Kingsbury lives on the proposed property.  He said that he feels that some of the opposition is based on citizens not knowing the details of what the tower is going to be.

 

Mr. Richardson asked at this time to address the Board on rebuttal of collocation.  He said that under the code the first thing you do is to look at the radio frequency design requirements built into the existing network.  That tells you where you are going to have to go in order to locate new antennas to expand your present network.  He said the second step is to see if collocation possibilities are available.  The third step is to look at industrial then commercial and then agricultural-residential property that is within that bulls eye based upon the radio frequency design requirement of the network.  He said the American Tower site, which is Air Touch is 1.264 miles away, not a mile away and is outside of Nextel’s design requirements.  He said that it moves it further to the east and you are going to still have interference and open areas.  He said on the map it shows that all the bottom area of Spalding is being covered as well as the top area.  He said regarding the commercial property mentioned, they did go and look at it; however, we are not going to contact the landowner if it will not fit into our design requirements. 

 

Chairman Kendall asked Mr. Richardson if he was saying that they could not collocate because these American Tower locations would not fit into your coverage specs.  Mr. Richardson said yes, he was.  He said that each company has their own network which they are working to build out.  Mr. Kendall asked Mr. Richardson was he saying that they have investigated the commercial site that everyone in opposition are referring to and that site does not also work within your coverage specs.  Mr. Richardson said they have investigated this site and if they located on this property it would leave a 1 to 1 ½ mile hole along Highway 16 and a band stretching around there, thus requiring another tower to cover that area. 

 

Commissioner Childres asked Mr. Richardson what would be wrong in lowering the tower height and being a better neighbor to the people and constructing another tower to complete your propagation of your signal.  Mr. Richardson answered you are going to have another neighbor come in and say we are not being a good neighbor by putting a tower in their surrounding area.  Mr. Childres stated his problem was that he does not see tower companies coming in to Spalding County and coordinating with other companies.  He said that he has not been convinced in either hearing that we are really trying to save space in Spalding County.

 

Motion made by Commissioner Martha McDaniel to deny Application #00-31S.  Commissioner Childres seconded the motion and motion to deny was passed by a vote of 3-2 with Commissioners Kendall and Johnie McDaniel voting against the denial.   

 

Application #00-32S:  Charles C. and Dorothy L. Rucks, Owners – American Tower L.P., Agent – 62.84 acres on Newnan Highway, located in Land Lot(s) 24 & 25 of the 1^st Land District – requesting a Special Exception to allow a broadcast and telecommunications tower in the AR-1 District. 

 

Chairman Kendall stated that this Application had been withdrawn from the agenda.

 

Commissioner Kendall called for a five (5) minute recess and Commissioner Johnie McDaniel excused himself from the meeting.

 

Chairman Kendall called the meeting back to order.

 

Amendment to UDO #A-00-06:  Appendix A. Subdivision Ordinance – Section 505:  add provision prohibiting bowstring methodology.  Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Massengale UDO-A-00-06 was unanimously approved by a vote of 4-0.  .  The Resolution Amending Ordinance will be incorporated into the minutes on second and final reading.

 

Amendment to UDO #A-00-07:  Appendix J. Commercial/Industrial Development Ordinance – Section 405:  add provision – buffer requirements; Section 408:  add provision prohibiting bowstring methodology.  Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres UDO-#A-00-07 was unanimously approved by a vote of 4-0. .  The Resolution Amending Ordinance will be incorporated into the minutes on second and final reading.

 

Amendment to UDO #A-00-11:  Article 4. General Procedures – Section 417:  Multiple Parcel Rezoning & Section 419:  Fees.  Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres UDO-#A-00-11 was unanimously approved by a vote of 4-0.  .  The Resolution Amending Ordinance will be incorporated into the minutes on second and final reading.

 

Amendment to UDO #A-00-12:  Appendix A. Subdivision Ordinance – Section 301:  Major Subdivision Fees & Section 302:  Minor Subdivision Fees. Upon motion by Commissioner Massengale, seconded by Commissioner Martha McDaniel UDO-#A-00-12 was unanimously approved by a vote of 4-0. .  The Resolution Amending Ordinance will be incorporated into the minutes on second and final reading.

 

Amendment to UDO #A-00-13:  Appendix J. Commercial/Industrial Development Ordinance – Article 3.  Fees.  Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres UDO-#A-00-13 was unanimously approved by a vote of 4-0.  .  The Resolution Amending Ordinance will be incorporated into the minutes on second and final reading.

 

Amendment to UDO #A-00-14:  Add provision for driveway requirements regarding development on Arterial, Secondary, or Collector Roads.  Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres UDO-#A-00-14 was unanimously approved by a vote of 4-0.  .  The Resolution Amending Ordinance will be incorporated into the minutes on second and final reading.

 

Amendment to UDO #A-00-15:  Appendix A. Subdivision Ordinance – Section 502:  Development Standards for Streets – G:  Private Roads:  additions/deletions to private road list.  Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres UDO-#A-00-15 was unanimously approved by a vote of 4-0.    The Resolution Amending Ordinance will be incorporated into the minutes on second and final reading.

 

Amendment to Code of Law and Ordinance of Spalding County:  Regulation of Manufactured Homes.

 

Motion to approve was made by Commissioner Martha McDaniel and seconded by Commissioner Childres.  Zoning Attorney Newton Galloway explained this amendment to the Board.  He said this ordinance amends the General Code to require construction and installation standards for mobile homes, manufactured homes when they are brought in to the county and requires that the manufactured home be certified by the installer and the manufacturer as being in compliance with the State codes issued by the Georgia Fire Marshall along with HUD.  It also requires annual decals on manufactured homes in order to permit the Tax Commissioner to main an inventory and a record of those homes.  It requires also an inspection of homes by the code enforcement people to make certain that the annual decals and taxes are paid and affixed properly to the manufactured home.  It provides and requires that when a manufactured home is relocated within the county, that the manufactured home upon relocation must be brought up to existing HUD codes for manufactured homes and an inspection conducted for that purpose.

 

Chairman Kendall stated that we are basically putting the burden on the owner of the mobile home park to identify each year all of the mobile homes in their park and they have some obligation to come down here and report all these and if they don’t, there is some kind of penalty against them.

 

County Manager Ruffin stated that the HUD code is from anything built 1976 and prior so you are only talking about prior to a certain date that are not HUD certified.

 

Commissioner Massengale asked Ms. Sylvia Hollums, Tax Commissioner how do you determine how much tax the owner of the mobile home park pays.  She answered the owner only pays on the land in the park.  The land is valued according to land on the digest and mobile home is based on its individual worth.

 

Commissioner Martha McDaniel called the question and Commissioner Childres seconded.

 

Zoning Attorney Newton Galloway stated that this is an enforcement mechanism to help Ms. Hollums to keep up with the record of the manufactured homes that are in the park and enforcement mechanism to ensure compliance as manufactured homes are moved in or moved internally within the county.

 

Ms. Hollums stated that not all parks have their lot number at each mobile home and she would like to see this be incorporated as well.  She asked if the Board would be willing to amend their motion to add for this identifying number for each lot just as we require houses to be numbered. 

 

Commissioner Martha McDaniel amended her motion which is on the floor to require that mobile home parks have a lot number posted on each particular lot in accordance with the 911 address ordinance.  Commissioner Childres amended his second and motion was unanimously approved on first reading by a vote of 4-0.  The Ordinance will be incorporated into the minutes on second and final reading for addition to the Code and Ordinances of Spalding County.

 

3.      Other Business - none

 

4.      Adjournment.

 

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

 

                                                                                                                                                           

County Clerk/County Manager                                      Chairman

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SPECIAL CALLED MEETING

 

The Board of Commissioners of Spalding County, Georgia, held a Special Called Meeting on Friday, June 30, 2000 in their office in the Courthouse Annex in the City of Griffin, Spalding County, Georgia, beginning at 5:00 o’clock p.m. with Commissioners Earle Childres, Martha McDaniel, Merrill Massengale, Johnie McDaniel and Michael Kendall present.  Also present were County Manager Mike Ruffin, Deputy County Manager William Wilson, County Attorney Jim Fortune and Executive Secretary Phyllis Doane.