REGULAR MONTHLY MEETING

The Board of Commissioners of Spalding County, Georgia, held their regular monthly meeting on Monday, September 11, 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 Michael Ruffin in the absence of Rev. Valimont.

III. PLEDGE TO FLAG – Led by Chairman Kendall

IV. PRESENTATIONS/PROCLAMATIONS/RECOGNITION

1. Consider a Proclamation designating the week of September 3-9, 2000 as “Literacy Week” in Griffin, Spalding County. Upon motion by Commissioner Childres, seconded by Commissioner Martha McDaniel the following Proclamation was unanimously approved by a vote of 5-0. Joe Grubbs and Tommie McConnell were present to receive the Proclamation.

Proclamation

"LITERACY WEEK"

WHEREAS, Approximately one in five American adults cannot read or write, and in Georgia, approximately 1.4 million adults have not completed high school or received a GED diploma. Of these adults approximately 16,000 reside in Spalding County; and

WHEREAS, Illiteracy rates are the highest among the economically disadvantaged and are closely associated with unemployment, the high crime rate and welfare dependency; and

WHEREAS, Illiterate parents perpetuate an inter-generational cycle of illiteracy by being unable to teach their own children such daily tasks as how to read a medicine bottle, follow a bus schedule, do comparative shopping, make correct change or prepare school homework; and

WHEREAS, Illiteracy is a social problem of American society which can be alleviated by increased public awareness, broader support for literacy programs through public libraries, workplace literacy programs, school literacy programs, and volunteer literacy programs on the local, state and national levels; and

WHEREAS, Throughout the week of September 3-9, 2000 educational and public awareness activities will be held to emphasize the importance of learning academic and social skills at any age; and

WHEREAS, Community involvement and support of Spalding County's literacy objectives are viable in the Literacy Community Programs; and

WHEREAS, In an effort to publicize the efforts being made to eliminate illiteracy among citizens of Spalding County, Spalding County is joining the National and State Literacy campaign.

NOW THEREFORE BE IT RESOLVED, by the Board of Commissioners of Spalding County that the week of September 3-9, 2000 is hereby proclaimed as:

"LITERACY WEEK"

in Griffin, Spalding County and urge all our citizens to support the many agencies working to eliminate the handicap of illiteracy thereby ensuring a healthier and more productive life for all citizens.

2. Consider a Proclamation recognizing Friday, September 22, 2000 as “American Business Women’s Day” in Spalding County. Upon motion by Commissioner Childres, seconded by Commissioner Martha McDaniel the following Proclamation was unanimously approved by a vote of 5-0.

Proclamation

“American Business Women’s Day”

WHEREAS, The American Business Women’s Association (ABWA) was founded in Kansas City, Mo., in 1949 to recognize the many contributions working women make in the public and private business sectors throughout this nation; and

WHEREAS, The mission of ABWA is to aid in the professional, education, cultural and social advancement of business women; and

WHEREAS, The national organization has more than 90,000 active members from all types of businesses and professions, and more than 1,900 ABWA chapters in the United States and Puerto Rico; and

WHEREAS, The Atlanta Area Council of the American Business Women’s Association was organized in December 1979 and was chartered in March 1989 with representative membership from 20 local ABWA chapters; and

WHEREAS, The Atlanta Area Council of ABWA has grown to include 42 local chapters, of which one active chapter is in Spalding County; and

WHEREAS, The Council is celebrating this year the 51^stAnniversary of American Business Women’s Day, Friday, September 22, 2000. The theme this year is “Fifty-One Years Changing Women’s Lives, One Woman At A Time”.

NOW THEREFORE, We, the Board of Commissioners of Spalding County do hereby recognize the many contributions women make in the workplace by declaring Friday, September 22, 2000 as “AMERICAN BUSINESS WOMEN’S DAY” in Spalding County.

V. PRESENTATION OF FINANCIAL STATEMENTS – n/a

VI. CITIZENS COMMENTS

1. Mr. Reed Turner, Attorney for Ms. Vickie Mixon, is present to discuss abandoned & junk vehicles at 2480 Birdie Road (David Langston). Ms. Vickie Mixon stated her attorney could not be present and spoke on this item. She said that her physical address was in Henry County although she was one of the property owners on Birdie Road, property which her father had left her and four acres her mother had given her. She said that David Langston was her elder brother as she is adopted. She said that she had called the Code Enforcement complaining about junk in their community, dumping and burying in the ground. She said that raw sewage is being dumped on her adjoining property. She said that she has documentation on a video that she did not bring with her tonight. She said her sister was Sherry Mims and because of her work schedule, she has had to make the phone calls to the county.

She said that her mother’s estate has been up for sale for over a year and Mr. Langston is wasting the estate. She said that she has seen no record where the property taxes have been paid and cannot understand this. She said that she asked to be put on the agenda to understand why the junk in the area of the community would be allowed and why Commissioner Massengale would have a personal interest in this.

Chairman Kendall explained to Ms. Mixon that Mr. Langston came to the last meeting and addressed the Commissioners concerning receiving a visit from Code Enforcement about potential problems on his property. He said Commissioner Massengale, on behalf of the Board of Commissioners, agreed to go out with Mr. Langston and to look at what he had and what was going on.

She presented pictures of her mother’s estate property. She said there is digging and land filling activity on this property.

County Manager Ruffin stated that Michael Heath, Code Enforcement Officer, went out and made an inspection on the property and looked for signs on the property of digging. He could not find any. Mr. Ruffin said there was no visible sign other than having a junk business, which is a non-conforming use and the business is grand fathered in.

Mr. Ruffin commented that he would get Environmental Health to investigate the dumping and raw sewage complaint.

2. Rev. Ray Hill, St. Phillips A.M.E. Church, is present to give an update on their development project. Rev. Ray Hill was not present for the meeting.

VII. PUBLIC COMMENT

There was no one present who wished to address the Board.

VIII. MINUTES

1. Consider the minutes of the Joint Called Meeting of August 16, 2000, Extraordinary Session of August 21, 2000 and Public Hearing of August 24, 2000. Upon motion by Commissioner Massengale, seconded by Commissioner Childres minutes were unanimously approved by a vote of 5-0.

IX. CONSENT AGENDA

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Massengale Items 1, 2 and 3 on the Consent Agenda were unanimously approved by a vote of 5-0.

1. Consider at second reading amendment to the Spalding County Code, Section 4-1028 specifications for driveways as requested by the Public Works Director.

A RESOLUTION AMENDING SECTION 4 OF THE CODE OF GENERAL ORDINANCES OF SPALDING COUNTY

SPECIFICATION FOR DRIVEWAYS

ORDINANCE NO. 2000-10

AN ORDINANCE

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 Chapter 1 of Section 4 by amending Section 4-1028, by adding to Section 4-1028 sub-paragraph (c) (4) the words “from radius point to radius point must be a minimum of 20 feet in width” to the end of the first sentence in said paragraph. To further amend said Ordinance by striking the schematic drawing shown on page 4-11 in its entirety and inserting in lieu thereof, a new schematic drawing as shown in the Exhibit A attached hereto.

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.

Section 3. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed.

EXHIBIT “A”

2. Consider denial at second 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.

3. Consider at second reading an ordinance to amend the FY 2001 Budget Ordinance to provide for refunds from the U.S. Postal Service.

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

Other Revenues From $ 100,000 to $ 109,068

B. Expenditures

General Appropriations From $ 2,429,794 to $ 2,435,945

Clerk of Court From $ 652,071 to $ 653,986

Sheriff From $ 3,633,409 to $ 3,634,411

Approved on first reading this 21st day of August, 2000.

Approved, adopted and enacted on second reading this11th day of September, 2000.

X. OLD BUSINESS

1. Consider Local Government Project Agreement with Georgia Department of Transportation for bridge replacement on SR 155 over Cabin Creek. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres Local Government Project Agreement in the amount of $4,600 was unanimously approved by a vote of 5-0.

2. Discuss Poplar Street Drainage Structure Replacement. County Manager Ruffin stated that staff was asking for permission to write the City of Griffin to have them participate in this project in the same way that we agreed to participate in the Rosedale project based on percentage of drainage basin. Approximately 65% of this drainage through the structure is located within the Griffin City Limits.

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres authorization for staff to send letter to City of Griffin requesting participation was unanimously approved by a vote of 5-0.

3. Consider at second reading amendment to the Official Zoning Ordinance and Official Zoning Map of the following: Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the following UDO Amendments were unanimously approved by a vote of 5-0.

· Amendment to UDO-A-00-08: Appendix A: Subdivision Ordinance, Section 502E’—Add provision for subdivision entrance requirements.

RESOLUTION AMENDING

THE SUBDIVISION 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 as Appendix A thereto, the Subdivision Ordinance of Spalding County;

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 Subdivision Ordinance of Spalding County;

WHEREAS, such text amendments to the Subdivision 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 August 24, 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 Subdivision Ordinance of Spalding County, Georgia conforms with sound comprehensive planning principles and is 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 Subdivision Ordinance of Spalding County, Georgia shall be and is hereby amended as follows:

Section 1: The following provision shall be added to the Subdivision Ordinance of Spalding County, Georgia, to appear as Article 5, Section 502(E’):

IX. ARTICLE 5. REQUIRED DEVELOPMENT STANDARDS

Section 502. Development Standards for Streets.

E’. Acceleration/Deceleration Lane Requirements: Where any new, proposed street(s) will intersect an existing street or road, acceleration and deceleration lanes will be required as determined by the Spalding County Public Works Director. The Public Works Director shall consider, as a minimum, the number of lots in the proposed subdivision, safety conditions regarding the road intersection, and other relevant factors as defined by the Georgia Department of Transportation and the Spalding County Department of Public Works. If the new street will intersect a road in the State Highway System, a permit or letter of approval from DOT will be required before the approval of the preliminary plat. Examples are shown in Attachment A.

Section 2: The foregoing amendments of the Subdivision Ordinance of Spalding County, Georgia shall become effective immediately upon adoption of this resolution.

Section 3: All Ordinances or resolutions in conflict herewith shall be and are hereby, repealed.

· Amendment to UDO-A-00-17: Appendix A: Subdivision Ordinance, Section 410:C—Add provision Surety for Maintenance and Repair.

RESOLUTION AMENDING

THE SUBDIVISION ORDINANCE OF SPALDING COUNTY, GEORGIA

Section 1: The following provision shall be added to the Subdivision Ordinance of Spalding County, Georgia, to appear as Article 4, Section 410:C:

X. ARTICLE 4. SUBMISSION AND APPROVAL OF FINAL PLAT

Section 410. Recording and Dedication.

C. Surety for Maintenance and Repair:

1. Maintenance Period: Upon acceptance of the right-of-way deeds for streets, public spaces, and public utilities, the subdivider will perform any maintenance and/or repair work, due to substandard workmanship, needed to comply with the specifications and requirements of these regulations and the government authority for a period of two (2) years from the date of acceptance.

2. Requirements: To assure the construction and installation of required improvements to be maintained to County standards, the subdivider must deliver to the appropriate government authority a certified check, letter of credit, cash escrow, or bond in the amount estimated by government authority to be twenty percent (20%) of the total cost of the construction and installation of the required improvements which are the responsibility of the subdivider.

3. Conditions: Bonds posted or other surety provided must run to the government authority having jurisdiction over the required improvements for which surety is made. The surety must provide that the subdivider, his heirs, successors, agents, and servants will comply with all applicable terms, conditions, provisions, and requirements of these regulations, and with other laws, regulations, and requirements as specified by the appropriate government authority. If a bond is offered, it must be executed by a surety and guaranty company qualified to transact business in the State of Georgia.

4. Duration and Release: Bonds posted or other surety provided pursuant to these regulations must be released, returned, or otherwise disposed of by the holder two years after the date of acceptance.

5. Default: The subdivider will be in default of the surety if the improvements or facilities are not maintained or repaired to applicable specifications and requirements within 90 days after being notified by the county of any deficiencies. If the work is not completed within the specified amount of time, the government authority may complete the work using the proceeds from the surety deposits to pay for the work. Such work may be done under contract or by the local government authority. Any portion of the surety deposit not used by the government authority will be returned to the person making the deposit.

6. Save and Hold Harmless: Subdivider will execute a release and hold harmless agreement, in a form as required by the Board of Commissioners, by which the subdivider agrees to save and hold the County harmless in the event of any future discovery of environmental conditions that were in existence at the time of the adoption of this Ordinance and/or which existed at the time of the subdivision for which any legal action is instituted or for which any clean-up is ordered by an appropriate governmental agency.

Section 2: The foregoing amendments of the Subdivision Ordinance of Spalding County, Georgia shall become effective immediately upon adoption of this resolution.

Section 3: All Ordinances or resolutions in conflict herewith shall be and are hereby, repealed.

XI. NEW BUSINESS

1. Consider request from Mr. & Mrs. Arnold Brown. Mr. Arnold Brown addressed the Board and stated he lived on Cook Road. He said that he had given the county some of his property for right of way and was requesting since the road had not been paved in the twenty-six years, that the county give him back his property. He said when he gave the property to the county, he was promised that the road would be paved. He said part of the road is in Spalding County and the other part is in Lamar County. He said that the Lamar County side has been paved for a long time.

Deputy County Manager Wilson stated that as of this date we have nine parcels out of the eleven parcels, including the Brown’s. He said that it has a rating of No. 158 on our scale, which puts is at Road No. 31 to be paved. He said as of now we are doing the designing and engineering for Road Nos. 15-26. He said that we have not tried again to get the two other parcels and no designing and engineering has been done on this road. Mr. Wilson said that the process of prioritizing roads has changed since the surveys have been done.

Chairman Kendall asked the Brown’s to be a little more patient as we are re-evaluating every dirt road in the system and Cook Road could move up on the priority list. Mr. Kendall commented that we have every intention of paving your road.

2. Consider request from McIntosh Trail Regional Public Transportation Program for trips provided March-July 2000. Due to the absence of Lanier Boatwright motion was made by Commissioner Martha McDaniel to table this item until Mr. Boatwright can be present. Commissioner Childres seconded the motion and motion was unanimously approved by a vote of 5-0.

3. Consider request from Sheriff relative to Personnel Ordinance. The request is to include his employees under the County’s Personnel Ordinance. Both candidates, Dee Stewart and Albert Eady, have asked that this decision be made when the new Sheriff goes into office.

Commissioner Martha McDaniel stated as President of ACCG, there is a problem throughout the State where Sheriff Departments choose not to be a part of the County’s Personnel Ordinance. She said that she finds this to be somewhat deplorable. She said that is very difficult to have two sets of conditions for hiring and firing of employees, one for constitutional employees and one for county employees.

County Manager Ruffin stated that we have no constitutional officers that are presently under the County’s Personnel Ordinance.

Commissioner Childres made a motion to table this item until after the election of November 20, 2000. Commissioner Kendall stated that this did not need to be tabled. He feels that this request should be denied, as it is not fair for Sheriff Cantrell to come in and ask for this at this time.

Commissioner Childres withdrew his motion to table.

Upon motion by Commissioner Kendall, seconded by Commissioner Massengale the request was denied by a unanimous vote of 5-0.

4. Consider request from Judge Miller relative to contract for probation services for misdemeanor offenses. The contract is with Georgia Corrections Corporation as the private entity to coordinate and provide direct Probation and Rehabilitation Program services to misdemeanor offenders sentenced under the jurisdiction of the aforesaid court and provide a space for of