EXTRAORDINARY SESSION

The Board of Commissioners of Spalding County, Georgia, held their extraordinary session on Monday, August 21, 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 – Led by Rev. Mike Freeman, Associate Pastor of First Assembly in the absence of Rev. Valimont

III. PLEDGE TO FLAG – Led by Chairman Kendall

IV. PRESENTATIONS/PROCLAMATIONS/RECOGNITION

1. Consider Financial Statements for the One Month Ended July 31, 2000. Ms. Jinna Garrison was present to answer any questions the Board might have. She made the Board aware of the addition of the Hotel/Motel Tax Fund. Upon motion by Commissioner Kendall, seconded by Commissioner Martha McDaniel the Financial Statements were unanimously approved by a vote of 5-0.

V. CITIZENS COMMENTS – n/a

VI. PUBLIC COMMENT

Mr. David Langston, 2480 Birdie Road, addressed the Board regarding abandoned junk vehicles. He said that he had lived at the same address since the 1940’s and always had automobiles. He said that he received a visit from Code Enforcement regarding abandoned junked cars being in violation of the code, but was not real specific in what needed to be done. For the record he stated that he does not have junked or abandoned cars. He said each one of these cars is to be repaired and reused

Chairman Kendall commented that there is a definition in our Code of what an abandoned vehicle is; but did not know how it was defined in his case. He said that someone on the staff would be more than willing to sit down and explain the code to him and what it requires.

VI. MINUTES

1. Consider the minutes for the meetings of Public Hearing of July 27, 2000, Joint City/County Meeting of August 3, 2000 and Regular Meeting of August 7, 2000. Upon motion by Commissioner Kendall, seconded by Commissioner Childres, the minutes were unanimously approved by a vote of 5-0.

VII. CONSENT AGENDA

1. Consider at second reading an ordinance amending the FY 2001 Budget Ordinance to provide for prior year’s purchase orders. Upon motion by Commissioner Childres, seconded by Commissioner Martha McDaniel, the following amendment to Budget Ordinance was unanimously approved by a vote of 5-0

AN ORDINANCE AMENDING THE

FISCAL YEAR 2001 BUDGET ORDINANCE

FOR

SPALDING COUNTY, GEORGIA

WHEREAS, the Board of Commissioners of Spalding County have duly adopted an annual budget ordinance for the 2001 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, 2000, be amended as follows:

Section I. General Fund

A. Revenues

Fund Balance From $ 1,830,709 to $ 2,040,428

B. Expenditures

Finance and Administration From $ 599,179 to $ 599,693

Information Systems From $ 125,361 to $ 126,805

Tax Commissioner From $ 590,739 to $ 594,245

Tax Assessors From $ 316,068 to $ 316,296

Janitorial Services From $ 101,313 to $ 101,590

General Appropriations From $ 2,424,965 to $ 2,429,79

Judicial Circuit From $ 625,458 to $ 625,719

Clerk of Court From $ 651,117 to $ 652,071

Magistrate Court From $ 493,351 to $ 494,449

Probate Court From $ 171,467 to $ 171,550

Sheriff From $ 3,493,344 to $ 3,633,409

Jail From $ 4,052,976 to $ 4,055,438

Correctional Institution From $ 2,203,165 to $ 2,206,950

Adult Probation From $ 124,188 to $ 128,371

Public Works From $ 3,007,669 to $ 3,043,244 Garage From $ 191,977 to $ 191,997

Recreation From $ 524,895 to $ 534,547 Cooperative Extension Service From $ 78,928 to $ 79,157

Building Inspections From $ 325,182 to $ 325,736

Section II. Emergency Telephone System Fund

 

A. Revenues

Fund Balance From $ 0 to $ 630

B. Expenditures

Emergency Communications From $ 1,159,573 to $ 1,160,203

Section III. Multiple Grant Fund

A. Revenues

Fund Balance From $ 0 to $ 45

B. Expenditures

Enrichment of Young Minds From $ 35,355 to $ 35,400

Section IV. Fire Fund

A. Revenues

Fund Balance From $ 300,000 to $ 323,803

B. Expenditures

Fire Department From $ 3,602,350 to $ 3,626,153

Section V. Hotel/Motel Tax Fund

B. Expenditures

A. Revenues

Fund Balance From $ 0 to $ 48,157

Tourism From $ 76,000 to $ 124,157

Section VI. Water & Sewerage Authority Fund

A. Revenues

Fund Balance From $ 156,449 to $ 156,478

B. Expenditures

Water Department From $ 3,812,049 to $ 3,812,078

Approved on first reading this 7th day of August, 2000.

Approved, adopted and enacted on second reading this 21st day of August, 2000.

VIII. OLD BUSINESS

1. Ms. Betty Gebhardt, 79 Richardson Road, requests assistance with on-street parking. Deputy County Manager Wilson stated that the recommendation from Captain Beam made verbally was no parking on one side of Richardson Road, in particular Ms. Gebhardt’s side of the road. When the recommendation comes up in writing, we will prepare an ordinance for your next meeting.

Commissioner Massengale commented that he feels like that there should not be parking on any street in the county and made a motion to ban parking on both sides of Richardson Road. Commissioner Childres seconded the motion and motion failed by a vote of 2-3 with Commissioners Kendall, Martha McDaniel and Commissioner Johnie McDaniel voting against the motion.

Motion made by Commissioner Martha McDaniel, seconded by Commissioner Childres to ban parking as recommended by Captain Beam on one side of Richardson Road. Commissioner Childres seconded the motion and motion was approved by a vote of 4-1 with Commissioner Massengale voting against the motion. Ordinance will be prepared for first reading.

2. Consider appointment to Spalding County Water & Sewerage Facilities Authority to fill the unexpired term of Ed Cole (12-31-05). Motion to be lifted from the table. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres item was lifted from the table by a unanimous vote of 5-0.

Chairman Kendall stated that there was only one nomination in the book and that is the appointment of Mr. Roy O. Shuford, Jr. There were no other nominations and Chairman Kendall called for a vote. Mr. Shuford was appointed to this position by a vote of 4-1 with Commissioner Johnie McDaniel voting against the nomination.

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

Rezoning Application #00-21Z: Van L. Ward, Sr., Vincent C. Murphy and Arturo S. Ward, Owners, 3350 Williamson Road, 1.0 acres, more or less, AR-1 to C-1.

Mr. Bill Johnston, Attorney for the clients, was present and asked to address the Board. He brought up two issues which were (1) they were not notified or Mr. Ward of the time for the 2^nd reading which took place at the August 7^th meeting and (2) members of the Planning Commission came to that meeting and spoke on second reading and he has a problem with that. He said that they feel procedurally the action taken was unconstitutional and the way Mr. Ward has been treated is unfair.

It was explained to Mr. Johnston that the county does not have to notify applicants on the second reading because it is not a Public Hearing. The second reading is only an agenda item on their next regular scheduled meeting and it is not our custom to send notices out to applicants on any second reading; therefore Mr. Ward was not treated any differently than any other applicant.

He asked the Board not to deny this application as it would be a year before it could be refiled and ask that the Board reinstate the non-conforming use, which was commercial.

Upon motion by Commissioner Johnie McDaniel, seconded by Commissioner Martha McDaniel denial at first reading of Application #00-21Z was approved by a unanimous vote of 5-0.

IX. NEW BUSINESS

4. Consider request from Ms. Darlene McKeehan to waive driveway construction standards at 891 Moreland Road. Chairman Kendall reminded the Board that Ms. McKeehan was present at the last meeting and she had been asked to get with our staff members to try to ascertain what the circumstances were in regards to this driveway at 891 Moreland Road. The required uniform thickness required over the county right of way is six inches. The core samples taken by staff show that the depth averages from 4.25 to 4.5 inches. Ms. McKeehan was not given instructions for a paved driveway because she did not specifically ask for the requirements.

Ms. McKeehan was present to address the Board on this issue. She said that she specifically asked for anything that she would need to comply with any regulations that Spalding County had but was told the application was complete and was not provided with the driveway standards sheet showing the code requirements. She said that her driveway is an inch thicker than any other county requires. She said that nobody puts six inches of concrete on a driveway. She had researched counties and Clayton, Henry, Coweta and Fayette Counties do not require a driveway inspection and their requirements are 3.5 inches on driveway and county right of way. She said that she purchased three (3) pipes and it was not until the third one that County Manager Ruffin gave her the code requirements.

She said that staff had offered to redo that portion of the driveway for a cost of $2,100 with authorization from the Board; however, she said that Spalding County messed up and she declined the offer.

Motion made by Commissioner Massengale to leave Mrs.McKeehan’s driveway at 891 Moreland as is. Commissioner Kendall seconded the motion for purpose of discussion.

Commissioner Kendall stated that his reason for leaving this driveway as it is because if there is a requirement, it seems to him when people come in when building a house and it is apparent they have to have some kind of driveway and they ask for instructions, how are they going to know if they are not told.

 

Mrs. McKeehan stated that it is not Mr. Garner’s fault or any one in particular’s fault but if you are going to have a driveway inspection, it needs to be in the building department where people will know.

 

Mr. Garner asked for some help in remedying this from happening again. He gave an example that if a home is already established and the people later on decide to pave their driveway, they come to building inspections to get their permit and may not know what the code requirements are at the time.

 

It was noted that there is no place on the building permit where it shows you have to have a driveway inspection.

Mrs. McKeehan stated that everything has stopped on this house because of the driveway. She said she can sell the house but can’t close on the house until the driveway is approved.

Commissioner Childres commented that the problem is that the diagram for driveway compliance was issued in building inspection when you got the permit and this procedure stopped. County Manager Ruffin stated that the diagram is being given out now when the permit is issued.

 

Chairman Kendall called the question. The motion to waive driveway standards at 891 Moreland Road failed by a vote of 2-3 with Commissioners Childres, Martha McDaniel and Johnie McDaniel voting against the motion.

 

5. Consider appointment to the Keep Griffin/Spalding Beautiful Commission (open position). The nomination in the book is Mrs. Briddie Kruse nominated by Commissioner Johnie McDaniel on recommendation of Brenda Goolsby, Chairman of the committee. Motion made by Commissioner Martha McDaniel to approve appointment of Mrs. Briddie Kruse. Commissioner Childres seconded the motion and motion was unanimously approved by a vote of 5-0.

6. Consider School Resource Officer positions for Spalding High School and Cowan Road Middle School. The language of the contract is the county’s share is 30% and the school’s share is 70% at a cost to the county of $24,000. County Manager Ruffin stated that the $24,000 had not been budgeted for this fiscal year; therefore a budget amendment will have to prepared taking the money out of contingency.

Upon motion by Commissioner Childres, seconded by Commissioner Massengale the following Agreement between Spalding County and the Griffin-Spalding County Board of Education was unanimously approved by a vote of 5-0.

State of Georgia,

County of Spalding.

AGREEMENT BETWEEN SPALDING COUNTY,

A POLITICAL SUBDIVISION OF THE STATE OF GEORGIA,

AND THE

GRIFFIN SPALDING COUNTY BOARD OF EDUCATION

This agreement, made and entered into this 21^st day of August, 2000, between Spalding County, a political subdivision of the State of Georgia (hereinafter referred to as the "County") and the Griffin Spalding County Board of Education (hereinafter referred to as the "System") for the purpose of providing a SCHOOL RESOURCE OFFICER(S) from the County to the System and for other purposes.

1.

It is mutually agreed that the County will provide a sworn, certified Sheriff Deputy(s) II to the SYSTEM to perform the duties of a SCHOOL RESOURCE OFFICER at such School(s) as the Superintendent may designate. Said Sheriff Deputy(s) will be jointly responsible to the Principal of the assigned School and the Sheriff. The deputy(s) assigned shall be immediately reassigned upon the request of either the Principal or the Sheriff. The deputy(s) may be required to perform such duties at the assigned School as the Principal reasonably may designate that are consistent with the job description of a SCHOOL RESOURCE OFFICER. Any conflicts in duty assignments will be resolved by the Sheriff and the Principal, or if not resolved, by the County Manager and the Superintendent of Schools.

2.

It is further agreed that the designated officer(s) is an employee of the County with all rights, benefits and privileges thereof, and shall not be deemed an employee of the System. The costs of the salary and benefits designated deputy(s), in such amounts as shall annually be agreed upon by the County Manager and the Superintendent of Schools, will be shared between the County and the SYSTEM according to the following:

the SYSTEM share 70%; the County share 30%.

The County will bill the SYSTEM on a quarterly basis for salary and benefits costs. Any overtime costs necessary for the performance of duty at the request of the SYSTEM will be reimbursed to the County by the SYSTEM. The overtime costs will also be billed on a quarterly basis. The costs of any specialized training necessary to perform the duties of a School Resource Officer will be borne by the SYSTEM and/or the County as agreed by the County Manager and the Superintendent on a case by case basis.

3.

This agreement may be cancelled by thirty (30) days written notice of either party.

7. Consider authorizing the Chairman to execute the Federal Annual Certification Report for Federal Seizure Funds. Major Jimmy Jordan presented this report to the Board of Commissioners. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Massengale authorization was given to the Chairman to execute the Report and motion was unanimously approved by a vote of 5-0.

8. Consider purchase of video systems and speed detection devices for the Sheriff’s Department. The amount budgeted was $80,000. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres purchase of the above mentioned equipment from Kustom Signals, Inc. in the amount of $78,948 was unanimously approved by a vote of 5-0.

9. Consider Third-Party Operator Agreement for Public Transportation Program. The Agreement is For Operation of McIntosh Trail Regional Transit System Between The Board of Commissioners of Butts County, Lamar County, Pike County, Spalding County and Upson County and Health Star Ambulance Service (d/b/a Transit Star). Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres Third-Party Operator Agreement for the Public Transportation Program was unanimously approved by a vote of 5-0.

10. Consider contract with Department of Transportation for resurfacing of Lakeview Drive and Vaughn School Road. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Massengale contract was unanimously approved by a vote of 5-0.

11. Consider contract with Department of Transportation for the 2001 LARP Project. Motion made by Commissioner Martha McDaniel to approve the following roads: Canann Court, Carolyn Drive, Deer Run Circle, Gibson Street, Hoppin Branch Road, Montgomery Drive, Northside Drive, Pirkle Road, Rehoboth Road and Rehoboth Road, one is widening and one is resurfacing. Commissioner Childres seconded the motion and motion was unanimously approved by a vote of 5-0.

12. Consider Local Government Project Agreement with Georgia Department of Transportation for Bridge Replacement on SR 155 over Towaliga River. Motion made by Commissioner Martha McDaniel to approve Project Agreement. The reimbursable costs is $0. Commissioner Childres seconded the motion and motion was unanimously approved by a vote of 5-0.

13. Consider Local Government Project Agreement with Georgia Department of Transportation for utility relocation on SR 155 for bridge replacement projects at Cabin and Troublesome Creeks. DOT estimated the cost for utility relocation at Troublesome Creek as $37,840 and for utility relocation at Cabin Creek as $256,482.

Motion made by Commissioner Martha McDaniel to approve Project Agreements. Commissioner Childres seconded the motion.

Commissioner Johnie McDaniel questioned the estimate of being so much different on Cabin Creek and asked Deputy County Manager Wilson to obtain clarification of the estimates.

Commissioner Martha McDaniel amended her motion to accept Project Agreement at Troublesome Creek and table the Agreement for Cabin Creek until the next regular scheduled meeting. Commissioner Childres amended his second to the motion. Motion to accept Troublesome Creek and table Cabin Creek was unanimously approved by a vote of 5-0.

14. Consider at first reading an ordinance to amend the FY 2001 Budget Ordinance to provide for refunds from the U.S. Postal Service. Motion made by Commissioner Martha McDaniel to accept the refund of $1,002.07, $1,915.18 and $6,150.94. Commissioner Johnie McDaniel seconded the motion and motion was unanimously approved by a vote of 5-0. The Budget Amendment will be incorporated into the minutes on second and final reading.

15. Consider moving/canceling September 4, 2000 Meeting due to holiday. The meeting is scheduled for Monday, September 4, which is Labor Day and staff recommends moving the meeting to September 5^th. Commissioner Childres stated he would be out of town that complete week and recommended that the meeting be moved to Monday, September 11^th. Deputy County Manager Wilson commented the 11^th might work better as we may be able to set the digest at the 11^th meeting.

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the meeting of September 4, 2000 was moved to September 11, 2000 and unanimously approved by a vote of 5-0.

16. Consider Resolution amending the Rules of Procedure for the disposition of business during the Spalding County Board of Commissioners Meetings. The amendment is to move the Presentation of the Financial Statements up in the Agenda and staff recommends after VII Minutes.

Motion made by Commissioner Martha McDaniel to amend Rules of Procedure for Presentation of Financial Statements be moved to Item No. V before Citizen Comments. Commissioner Childres seconded the motion and motion was unanimously approved. The amendment is as follows:

AN AMENDMENT TO THE RESOLUTION RELATIVE TO THE ORGANIZATION OF, AND THE PROCEDURES FOR THE DISPOSITION OF, BUSINESS DURING THE MEETINGS OF THE SPALDING COUNTY BOARD OF COMMISSIONERS

WHEREAS, the Spalding County Board of Commissioners adopted a resolution on January 3, 1995 regarding the organization of, and the procedures for the disposition of, business during its meetings; and

WHEREAS, the Board desires to amend that resolution, specifically Section 1-10, Order of Business.

NOW, THEREFORE, BE IT RESOLVED THAT SAID SECTION IS HEREBY AMENDED TO READ AS FOLLOWS:

Section 1-10. Order of Business. All regular board meetings should follow an established order of business. The order is as follows:

I. Opening

II. Invocation

III. Pledge to Flag

IV. Presentations/Proclamations/Recognitions

V. Presentation of Financial Statements

VI. Citizens Comments

VII. Public Comment

VIII. Minutes

IX. Old Business

X. Consent Agenda

XI. New Business

XII. Report of County Manager

XIII. Report of Commissioners

XIV. Closed Meeting

XV. Adjournment

17. Consider the adoption of a Resolution to enter into a contract with DHR for Spalding County’s FY 2001 CSBG Program. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Massengale the following Resolution was unanimously approved by a vote of 5-0.

STATE OF GEORGIA

SPALDING COUNTY

R E S O L U T I O N

WHERAS, on this the 21^st day of August 2000, the Spalding County Board of Commissioners desire to provide services to assist underprivileged families and children throughout Spalding County; and

WHEREAS, a project application plan has been submitted to the Georgia Department of Human Resources for funding to provide services as available through the Community Services Block Grant Program (CSBG).

BE IT RESOLVED, that the Spalding County Board of Commissioners desire to enter into contract with the Georgia Department of Human Resources, Division of Family and Children Services, Community Services Section for the period October 1, 2000 through September 30, 2001 to provide the Nutrition, Emergency Assistance, Youth and Family Development Programs to its residents. These services are available through the FY 2001 CSBG Program.

18. Consider at first reading an amendment to Section 4-1028 Specifications for Driveways as requested by the Public Works Director. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres amendment at first reading was unanimously approved by a vote of 5-0. The Ordinance will be incorporated into the minutes on second and final reading.

19. Discuss Governor’s recommendation to designate Spalding County as a non-attainment County pursuant to Federal Clean Air Act. Michael Sabine Community Development Director discussed this item. He said in 1990 Spalding County was a candidate for falling under the non-attainment standards; however due to wrangling between EPD and the Governor’s office, the eighteen counties was reduced down to thirteen counties. He said in the late 1997’s and early 1998 these thirteen counties were cut off from all federal highway funds that had to do with adding capacity to transportation projects, etc.

Chairman Kendall asked Mr. Sabine what can we do to extricate ourselves from the designation of being a non-attainment county.

Commissioner Martha McDaniel stated not much. All we can do is in fact to send a Resolution on to the Governor and Mr. Hankinson saying that we do not want to be designated non-attainment; that we have not fallen under the range of the Clean Air Act as far as being non-attainment. The Griffin-Spalding Transportation Committee met last week and they also would like to sign a Resolution stating to this fact. She said that the measurements they have for Spalding County do not reach their requirement.

Mr. Sabine commented that it was important to delay this action for as long a time as possible because the longer we can delay and forestall the designation, the more transportation projects we can get in, more specifically the Arthur K Bolton Highway project. He said that we cannot delay this forever but through the comment process the Board can make their arguments.

Mr. Sabine commented that we would be the only county in the McIntosh Trail Region that would be added into the non-attainment as most of the counties are around the Atlanta Metro area. He said that non-attainment for Spalding County could happen as early as January 1, 2001 or until the Supreme Court actions have been resolved which could be the spring.

20. Consider Franchise Agreement with Insight Communications. Ms. Sonja Garner, General Manager of Insight Communications was present to answer any questions the Board might have. County Manager Ruffin commented that Insight has agreed to a 24 month build-out with periodic progress reports. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the Agreement was unanimously approved by a vote of 5-0. Reference Contract #2000-08-21(A).

21. Discuss contents of letter to City of Griffin regarding water planning issues. After having the joint meeting with the City regarding water, they expressed clarification as to what it is the county is seeking to do to help with the water plans.

Commissioner Martha McDaniel suggested that the county commissioners have a business session to talk about what our intentions are and discuss this among ourselves before writing the letter to the City. She said that staff and our engineer needed to be present at this meeting so when we do go to the table, we will be able to speak with one voice. She told Mr. Kendall that she liked his idea of having an authority like we did for the Sewer Task Force but maybe in some different form.

Commissioner Johnie McDaniel commented that he was really surprised at the comments from the City Commissioners stating they felt "blind sided" because our intents were stated in the letter we previously sent asking for the joint meeting. He said that he had no proposals except let’s get together and talk and let us help. His thought is looking at contingencies.

Motion made by Commissioner Martha McDaniel to authorize County Manager Ruffin to send a similar letter to the City Commission stating that the County Commissioners feel that there should be some official role played by us in making a long-term water policy. Commissioner Kendall seconded the motion and motion was unanimously approved by a vote of 5-0.

X. REPORT OF COUNTY MANAGER

County Manager Ruffin stated that an outside judge was brought in for State Court and the bill is $1396.60. He asked permission to pay it and will bring back to the Board a budget amendment to take care of this.

County Manager Ruffin stated that the movie company has requested two (2) extra days on renting the parking lot. They will be renting it from September 7-12. The Commissioners agreed.

XII.  REPORT OF COMMISSIONERS

Commissioner Massengale had no comments.

Commissioner Johnie McDaniel advised the members of the Board that he will miss the Public Hearing of August 24, 2000 as he will be out of town attending the ACCG Leadership Academy in Athens, GA.

Commissioner Johnie McDaniel stated that he feels like we got a bad job done on us, particularly with the Atlanta media on the deferral of the water and suggested that some of the Commissioners taking a Sunday to go over to Alabama and attend their worship service with those folks that donated the water and give us an opportunity to extend to them our feelings of their act of compassion and hope they will get the true facts and understand.

Commissioner Martha McDaniel had no comments.

Commissioner Childres stated that there was an accident at the intersection of Birdie Road/U.S. 19/41 and asked staff to have this intersection restudied and bring it back to us for consideration for signalization. He said that it will be on the school’s board agenda at their next meeting.

Commissioner Kendall publicly commended the Planning Commission for the public hearing that they conducted in regards to the Cherokee Rose matter. He said that he was very much appreciative in their handling of this matter.

XIII. CLOSED MEETING

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the Board voted unanimously to go into Closed Meeting to discuss the following.

1. County Manager requests Executive Session to discuss acquisition of real property.

2. County Manager request Executive Session to discuss potential 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 August 21, 2000.

 

2.

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

 

3.

The executive session was called to order at 9:20 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)__________;

Yes 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 21^st day of August 2000.

 

 

Chairman

Spalding County Board  Commissioners

Sworn to and subscribed

Before me this 21^st day of

August 2000.

________________________

 

Notary Public

My commission expires: March 18, 2002

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

No action was taken at this time.

XIV.  ADJOURNMENT

Upon motion by Commissioner Kendall, seconded by Commissioner Childres the meeting was unanimously adjourned.County Clerk/County Manager Chairman

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