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 offender interviews and reporting.

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Massengale the Contract was unanimously approved by a vote of 5-0.

5. Consider request from Clerk of Court for per diem increase for members of Board of Equalization & Review. Ms. Myrtle Peeples was present to address this request. She said that they were having trouble finding people to serve on the Board. She said one of the main reasons was they have to attend a 40 hour certification course and another is not enough pay to sit there and listen to appeals for an eight hour day. She said that at the end of the year we would have five vacancies unless two present members wish to serve again. We currently pay $25.00/day. She recommended that this pay be moved up to $50/day and $30/half-day or less.

Motion made by Commissioner Massengale to move the pay up to $50/day and $30/half-day or less. Commissioner Childres seconded the motion.

Commissioner Martha McDaniel asked Ms. Peeples would it attract more people if we paid more for the training, $200 extra over and above what they would be earning on their per diem. She suggested $200 extra for the 40 hour certification training and $100 extra for the yearly 8-hour training. Ms. Peeples stated that this would be more an incentive to have people serve.

Commissioner Martha McDaniel asked Commissioner Massengale if he would amend his motion to include the $200 extra for the 40-hour training and the $100 for the 8-hour training, which he agreed. Commissioner Childres amended his second also. Motion was unanimously approved by a vote of 5-0.

Commissioner Johnie McDaniel asked County Manager Ruffin if he would provide a list of all boards and the compensation of each for informational purposes.

6. Consider recommendation of W. L. Jorden to remove Chuli Road and Pullin Road from road paving list for lack of right of way acquisition. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres unanimous approval was given to remove these two roads from the road-paving list.

7. Consider recommendation of W. L. Jorden to award bid for Wyomia Tyus Olympic Park, Phase III, Fencing Project to low bidder, L.J. Inc. Upon motion by Commissioner Childres, seconded by Commissioner Martha McDaniel bid was awarded to low bidder, L.J., Inc. in the amount of $111,690 by a unanimous vote of 5-0. Reference Contract #2000-09-11(A).

8. Consider recommendation of W. L. Jorden to award bid for Wyomia Tyus Olympic Park- Phase III, Sports Lighting Project to low bidder, Georgia Power Company. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres bid was awarded to low bidder, Georgia Power Company in the amount of $206,834 by a unanimous vote of 5-0. Reference Contract #2000-09-11(B).

9. Consider purchase of Basketball goals for Parks and Recreation Department. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres and Commissioner Johnie McDaniel simultaneously, staff was authorized to purchase basketball goals from low bidder, Aalco Manufacturing in the amount of $23,852.30 by a unanimous vote of 5-0.

10. Consider the installation of a stop and go traffic signal by Department of Transportation at State Route 16 @ McDonough Road as part of a project to be let in 2004. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Massengale the application for installation was unanimously approved by a vote of 5-0.

11. Consider Department of Transportation contract for the resurfacing of various county roads. Upon motion by Commissioner Childres, seconded by Commissioner Johnie McDaniel contract was unanimously approved by a vote of 5-0. This contract is for twenty-five (25) roads as follows: Sixth Street, Pickens Drive, Corley Ct., Piedmont Road, W. Ellis Road, Green Road, Poplar Drive, Kline Circle, Dobbins Mill Road, Morgan Drive, N. Hill Street Ext., Jewel Drive, Cowan Road, Horton Road, Glory Road, Landsdown Drive, Loumae Road, Terry Drive, Springdale Drive, Freeman Drive, Tomochichi Road, Wide Road, W. Hall Road, Meadowview Lane and North Rover Road.

12. Consider the final plat of J & E Subdivision, Jack Evans, Owner, 19.286 acres, 8 lots, zoned R-2. Mr. Sid Esary was present to answer any questions. Upon motion by Commissioner Childres, seconded by Commissioner Johnie McDaniel final plat was unanimously approved by a vote of 5-0.

13. Consider request from City of Orchard Hill. The request was for the county to allow the Parks and Recreation staff, under the direction of T. J. Imberger, to install playground equipment, which they have purchased, in the new section of their park in Orchard Hill.

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

14. Consider request from Georgia Experiment Station for Continuing Education Program at CAES Griffin Campus. Motion made by Commissioner Martha McDaniel to approve request to pay annual commitment of $17,500 with the understanding that this will be the last year the Board will fund this if it doesn’t work out to what we feel like it should be. Commissioner Childres seconded the motion and motion was unanimously approved by a vote of 5-0.

15. Consider authorizing Chairman to execute Memorandum of Understanding with UGA Cooperative Extension Service and Board of Regents for the operation of an extension service program for Spalding County. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres execution of Memorandum of Understanding was unanimously approved by a vote of 5-0.

COUNTY EXTENSION PERSONNEL CONTRACT/MEMORANDUM OF UNDERSTANDING

Between

THE BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA

ON BEHALF OF

THE UNIVERSITY OF GEORGIA COOPERATIVE EXTENSION SERVICE

and the

SPALDING COUNTY BOARD OF COMMISSIONERS

In accordance with the Smith-Lever Act of the U.S. Congress of 1914, an agreement between The Board of Regents of the University of Georgia system on behalf of The University of Georgia Extension Service and the U.S. Department of Agriculture to conduct Extension work in Georgia, and by virtue of the authority conferred upon the governing authority of the county under Article 9, Section 4, Paragraph 2, of the Constitution as amended in 1983, as implemented in the O.C.G.A. #20-2-62 and O.C.G.A.#48-5-220, 10, the Spalding County Board of Commissioners hereinafter referred to as the COUNTY and the Board of Regents of the University of Georgia by and on behalf of The UGA EXTENSION SERVICE hereinafter referred to as THE UGA EXTENSION SERVICE do hereby agree to cooperate in the operation of an Extension education program in agriculture, natural resources and environmental management, family and consumer science, 4-H/youth work, and subjects related thereto in Spalding County.

SECTION I

The UGA EXTENSION SERVICE shall:

1. -employ and supervise County Extension personnel. It shall be the responsibility of THE UGA EXTENSION SERVICE to establish minimum qualifications for County Extension personnel, certify the qualifications of all applicants, and to determine the total salary applicants are to be paid.

2. -appoint County Extension personnel in compliance with Equal Employment Opportunity regulations and subjects to the approval of the COUNTY.

3. -in the event the work of any County Extension staff member becomes unsatisfactory to the COUNTY, it shall be the responsibility of the COUNTY to communicate this dissatisfaction to the District Extension Director of the UGA EXTENSION SERVICE. It shall then be the responsibility of the UGA EXTENSION SERVICE to appropriately deal with the dissatisfaction and advise the COUNTY of action taken, if any. The UGA EXTENSION SERVICE shall have the right to terminate or transfer personnel from the county. In either case, a replacement will be selected for the county, following the procedure described above.

4. -keep at all times an accurate record of all funds received and disbursed under this agreement including all support documents. THE UGA EXTENSION SERVICE shall retain such records for a period of three (3) years unless an audit has begun but not been completed or if the audit findings have not been resolved at the end of three (3) year period. In such cases, the records shall be retained until the audit is complete or until the resolution of the audit findings.

5. -carry out all work under this agreement in accordance with the administrative and other requirements, including personnel matters, established by the University of Georgia, federal and state laws, regulations, and standards.

6. -provide County Extension personnel with the necessary stationary, envelopes, publications and other educational materials needed for an effective program. THE UGA EXTENSION SERVICE also agrees to plan, implement and conduct training as necessary to keep County Extension personnel adequately prepared to conduct effective, relevant Extension programs.

7. -pay a portion of the salary and associated benefits of County Extension personnel at a rate in compliance with the Board of Regents and the UGA EXTENSION SERVICE salary administration policies.

8. -reimburse all County Extension personnel directly for expenses incurred on behalf of the UGA EXTENSION SERVICE for officially designated travel outside Spalding County.

9. -support County Extension personnel and the Extension program in Spalding County with necessary assistance of district and state subject matter and supervisory personnel and other resources as available from the University of Georgia. The University System of Georgia, and other agencies and organizations with whom THE UGA EXTENSION SERVICE cooperates.

10. -report to the Spalding County Board of Commissioners at regular intervals on the nature of the County Extension program and progress being made.

SECTION II

The COUNTY shall:

1. -provide a suitable County Extension office; the suitability of the office to be agreed on by all parties. The COUNTY further agrees to provide sufficient funds to pay for necessary office supplies, office equipment, telephone, utilities, postage, demonstration materials, janitorial service and other items necessary for the operation of an effective Extension education program.

2. -provide a portion of the salaries and/or associated benefits of County Extension personnel as shall be agreed upon by UGA EXTENSION SERVICE and the COUNTY. Salary and benefits, including leave, shall be calculated according to policies established by the Board of Regents. The UGA EXTENSION SERVICE will provide quarterly statements to the COUNTY, reflecting the COUNTY portion of benefits and/or salary. COUNTY reimbursement for county portion of benefits will be made to the UGA EXTENSION SERVICE in the full amount upon receipt of the statement. COUNTY reimbursement for county portion of salary shall be paid monthly by the COUNTY directly to County Extension personnel unless some other method is agreed upon in writing by the UGA EXTENSION SERVICE and COUNTY.

3. -reimburse the travel expenses of County Extension personnel for official county travel within Spalding County. The COUNTY travel reimbursement shall be paid monthly by the COUNTY directly to County Extension personnel unless some other method is agreed upon in writing by the UGA EXTENSION SERVICE and COUNTY.

4. -approve or disapprove appointments of County Extension personnel.

5. -notify the District Extension Director of the UGA EXTENSION SERVICE if the work of any County Extension staff member is unsatisfactory to COUNTY.

6. -evaluate financial support to THE UGA EXTENSION SERVICE annually, make adjustments as necessary for continued effective support, and to notify THE UGA EXTENSION SERVICE of these adjustments.

SECTION III

1. This Contract/Memorandum shall take effect when it is executed by the SPALDING COUNTY BOARD OF COMMISSIONERS and THE UGA EXTENSION SERVICE.

2. The term of this Agreement shall be from July 1, 2000 until rescinded. It may be terminated by either party by written notice of such intent provided ninety (90) days in advance.

3. This Agreement may be modified by mutual written agreement of the parties hereto.

4. This Agreement may be renewed annually by letter of agreement signed by the parties hereto.

5. Neither party to this agreement will discriminate against any employee or applicant for employment or against any applicant for enrollment at any school or college or against any student in his/her course of study or training because of race, color, sex, creed, national origin, age, disability, or veteran status.

(L.S.) M. Michael Kendall, Chairman

(L.S.) Wade Hutcheson, County Extension

Coordinator, Spalding County

__________________________________________

District Extension Director

__________________________________________

Associate Dean for Extension-Cooperative Extension

Service, The University of Georgia

__________________________________________

Dean and Director College of Agriculture and Environmental Sciences, The University of Georgia

__________________________________________

Vice-President for Services-The University of Georgia

16. Consider Department of Community Affairs contract for grant in the amount of $40,000 to expand Griffin Tech Literacy Program. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres contract was unanimously approved by a vote of 5-0.

17. Consider Resolution relative to County Road System. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the following Resolution was unanimously approved by a vote of 5-0.

RESOLUTION

BE IT RESOLVED by the Board of Commissioners of Spalding County that:

WHEREAS, citizens of Spalding County and real estate developers in Spalding County desire to convey real property to Spalding County containing roads and road rights-of-way to become part of the public road system of Spalding County; and

WHEREAS, the Commissioners perceive a need to insure that no deed conveying a road to Spalding County, either in fee simple or as a right-of-way, is recorded unless and until the Board of Commissioners has officially accepted said road.

NOW, THEREFORE, BE IT RESOLVED, that no deed conveying fee simple title to any road and/or no right-of-way deed to Spalding County shall be effective to convey any interest to Spalding County until that road has been formally accepted by the Spalding County Board of Commissioners. No deed conveying the fee simple title to a road or road right-of-way deed shall be effective to convey any interest to Spalding County unless said deed bears on its face a statement that the road conveyed by that deed has been formally accepted by Spalding County. Said statement shall be dated on the date of acceptance and shall be signed by the Chairman of the Board of Commissioners, the County Manager and/or their designees.

IN WITNESS WHEREOF, the foregoing resolution has been adopted by the Board of Commissioners of Spalding County, Georgia, sign and seal of the Chairman affixed hereto.

Adopted this 11th day September 2000.

18. Consider lease to Josiah Christian Ministries for 883 Memorial Drive Property. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres lease was unanimously approved by a vote of 5-0.

19. Consider lease agreement with Willamette Industries, Inc. Upon motion by Commissioner Childres, seconded by Commissioner Martha McDaniel lease agreement was unanimously approved by a vote of 5-0.

20. Consider an Amendment to the Resolution of the Service Delivery Strategy for Spalding County. Upon motion by Commissioner Massengale, seconded by Commissioner Johnie McDaniel the following Resolution was unanimously approved by a vote of 5-0.

A RESOLUTION AMENDING THE SERVICE DELIVERY STRATEGY

FOR

SPALDING COUNTY

WHEREAS, Spalding County desires to apply for Community Development Block Grant Funds in order to rehabilitate a private wastewater treatment and collection system serving a low-to-moderate income neighborhood generally known as Highland Mills; and

WHEREAS, the owner of the private wastewater treatment and collection system, otherwise referred to as WWTP, has agreed to donate the treatment and collection system to Spalding County if said grant is approved by the Georgia Department of Community Affairs; and

WHEREAS, Spalding County submitted an application to said department in 1999 for $500,000 to rehabilitate said treatment and collection system; and

WHEREAS, said department advised the County that funding was not approved because the County’s Service Delivery Strategy adopted pursuant to Chapter 70 of Title 36 of the Official Code of Georgia Annotated did not address the County’s desire to own and operate WWTP; and

WHEREAS, the County and the City of Griffin desire to amend said Service Delivery Strategy in order to enable the County to pursue funding for rehabilitation of the treatment and collection system.

NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the City of Griffin and Spalding County that the adopted Service Delivery Strategy, as submitted to the Georgia Department of Community Affairs on September 29, 1999, is hereby amended to include the following:

Ownership and maintenance of WWTP and the sanitary sewer collection system serving the Highland Mills Area: The Spalding County Commission has agreed to apply for Community Development Block Grant Funds to rehabilitate a privately-owned treatment and collection system serving an unincorporated neighborhood generally known as Highland Mills. If the grant is approved, the owner of the treatment and collection system has agreed to transfer ownership of the system to Spalding County so that the improvements can be undertaken. Spalding County will rehabilitate the sanitary sewer collection system in accordance with standards promulgated by the City of Griffin and operate the system until such a time as the treatment plant has served its useful life, at which time the County and the City have agreed that the County will connect the system into the sanitary sewer collection system owned by the City of Griffin subject to the following conditions:

1. The developer will bear all costs associated with the extension(s), which are to be installed to the City’s specifications with a two-year warranty period. This would include all associated structures, such as lift station, force main and emergency generator;

2. If the project is not commenced within one year, re-submission for approval would be required;

3. As sanitary sewer line extension(s) could possibly provide future service to contingent areas, a twenty-foot permanent easement will be required on the sanitary sewer lines to the property limits and/or within areas whereby sanitary sewerage could be provided to contingent areas;

4. The Sanitary Sewer Extension(s) are to be dedicated to the City for ownership, operation and maintenance with granting of necessary twenty (20) foot permanent easements;

5. Each lot requires a separate tap (a separate service lateral to the extension). Backflow valves are to be installed on any service connection subject to back up and overflow;

6. Plans are to be submitted to EPD for approval. In addition, any approvals needed from other agencies are to be obtained.

7. Developer to pay all costs associated with the City’s Policy on Sanitary Sewer Connection.

8. Contingent on developer to place restrictive covenants on property running with land to annex at such time as property becomes contiguous to city limits and otherwise meets the requirement for annexation using the 100% method.

Adopted this the 22nd day of August by the City of Griffin and the 11^th day of September by Spalding County

21. Consider at first reading an amendment to the Spalding County Code adding a portion of Richardson Road as a “No Parking Zone”. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres amendment was unanimously approved by a vote of 5-0. The Ordinance will be incorporated into the minutes on second and final reading.

22. Consider lease purchase of Rubber Tire Tool Carrier for Spalding County Water Department. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Massengale the bid was awarded to Yancey Bros. Co. (Caterpillar) in the amount of $126,922 by a unanimous vote of 5-0.

23. Consider Classification and Pay Plan Amendments. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the following Classification and Pay Plan Amendments were unanimously approved by a vote of 5-0.

Title Change

Building Inspector Change to Building Inspection I

Pay Grade would remain at 17 with a salary range of $25,581 - $37,975

Additions to Plan:

Building Inspector II Pay Grade 19 $27,110- $40,244

Resource Officer Pay Grade 16 $24,815- $36,837

(same as Deputy Sheriff II, certified officer)

24. Consider authorization for Chairman to execute Quitclaim Deed between Spalding County and Horace Grady Hixson for reclaim of property sold at a tax sale. County Attorney Fortune addressed this item. He said that the Tax Commissioner sells property from time to time to satisfy delinquent taxes and that is what she did with Mr. Hixson’s property and a day or two after the property was sold on the Courthouse steps and it was bid in by Spalding County for the exact amount of taxes due plus expenses of sale for there were no other bidders. He said under the law the true owner has a year to exercise his equity of redemption by coming in and paying the purchaser, which in this case, is Spalding County. That has occurred with Mr. Hixson. Now Spalding County needs to Quitclaim this property back to Mr. Hixson.

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres authorization was given for Chairman to execute deed between Spalding County and Horace Grady Hixson by a unanimous vote of 5-0.

25. Commissioner Kendall desires to discuss the Hospital Authority. Commissioner Kendall brought the Board up to date on what’s going on with the Hospital Authority. He said there was a discussion several months ago of how the Health Board could administer this grant money through these various religious organizations. Through memo and correspondence from the Attorney General’s office and some other court decisions the conclusion was that the Health Board could not utilize this money and run these programs through religious based organizations so this process had to stop.

He said this same question has come up over at the Hospital Authority as to how some of the money would be spent in religious based organizations, such as the Salvation Army and several request from other churches. Through a memo from Mr. Cogburn, the conclusion reached is there is essentially two funds of money that the money from the Hospital came from. One is the county funds (public funds) and therefore can’t be used for purposes of religious-based grants and the other is private money, which came either from the Federal government, revenue anticipation notes or came from some other sources, which this money could possibly be used for religious based organizations; however, it would have to come under the scrutiny of the Federal judicial analysis. He said the Authority is in the process of trying to figure out these two pools of money. He said there has been quite a bit of money spent in figuring out these two pools of money.

He also addressed the Hospital Authority basically offering jobs, exceedingly high paying jobs in private negotiations. He said that he did not think there was any legal prohibition from them doing this; however in his opinion it is certainly not an appropriate way to conduct and hire public employees. He said that the process of hiring should be public and announced to the public. He said that the Hospital Authority is not a private enterprise even though some of the members think they are. He said that he felt it was appropriate for the City Commissioners and County Commissioners to express their feelings on this matter because there was very little discussion about the hiring and the job was not posted and the deal was negotiated and brought to the Hospital Authority for approval without any forehand knowledge. He said somehow someway as a Board we have got to set the Hospital Authority straight about not being a private enterprise and that is public money that they are using. He said that we need to express our concern how business is transacted.

XII. REPORT OF COUNTY MANAGER

County Manager Ruffin stated that Edie Jeffries of the American Red Cross had contacted us that Walton County had water left over from their water crisis and they wanted to donate the water to Spalding County. Mr. Ruffin stated that we had accepted the water, which is 1,080 gallon containers of water and will be delivered to the Carver Road Fire Station tomorrow for distribution to the citizens of Spalding County by volunteers of the Red Cross. He said we will offer 4 gallons per customer, first-come, first-serve basis as suggested by Edie. This will be announced through the news media in conjunction with the American Red Cross. The Board had no problem with this being handled this way.

County Manager Ruffin stated that this matter concerns Commissioner Johnie McDaniel and Commissioner Martha McDaniel who are your appointed members to the Long Range Planning Committee consisting of members of the School Board and the City Commission. He told them that a one-day retreat in October had been discussed at the meeting they were not able to attend, and the cost would be $1,000 to be split three ways. They want to bring up a consultant from the UGA to facilitate communication model, something that these three groups can develop to strengthen the channels of communication among them and the media as well as the public. He said Commissioner Slade would like the retreat to be October 7^th or 8^th at McIntosh Trail.

Commissioner Johnie McDaniel and Commissioner Martha McDaniel both expressed the concern that they do not feel that this seems very productive. They said that the objective has been floating and now it seems apparently that the focus has been shifted.

Commissioner Martha McDaniel stated that it started out that Adam Hazell from McIntosh Trail was going to be the facilitator but he was not experienced enough to handle it so it ended up being some discussion about it being facilitated by someone from UGA.

Commissioner Martha McDaniel stated personally at this point she would not be interested in going and discussing communication as it is not what the Committee started out discussing. Commissioner Johnie McDaniel also agreed with Mrs. McDaniel. He said the problem is if you build models, than they have to be acted upon. They both agreed they did not want to spend the money for this facilitator.

XIII. REPORT OF COMMISSIONERS

Commissioner Massengale commented that he wanted to set the record straight regarding Mrs. Mixon and her comments. He said that he has known the Langston family since he was a teenager and there are good memories. He said that David Langston was kind of like the natural heir to this business. He said there were five siblings involved in this valuable piece of property. He said that he did not go out and see Mr. Langston on a personal nature. He went out on behalf of the Spalding County Board of Commissioners and the people of Spalding County along with Mr. Sabine to tell Mr. Langston that we recognized him as a legitimate businessperson with a business license and he could continue to do business as usual.

Commissioner Johnie McDaniel commented that he had conversation with Rev. Stonebreaker, and they have both agreed that a delegation making a trip to his church, Langdale United Methodist Church, Valley, AL was not necessary. He said that the congregation understands. Mr. McDaniel said that he would be giving a written statement to the news media in a couple of days and asked for their patience and understanding as this is a very sensitive nature.

Commissioner Martha McDaniel made a suggestion that the Spalding County Board of Commissioners send a Resolution thanking them for their offer and spreading it upon the minutes to let them know that we did appreciate their offer. She asked staff to prepare something for their next meeting.

Commissioner Martha McDaniel commented that she had read the minutes of the joint meeting discussing what the City’s future plans are for discussing water and wanted to know if this was going to be on the next agenda for discussion.

Commissioner Kendall discussed the letter that Mayor Imes sent back regarding the County’s letter to offer some kind of help. Commissioner Kendall commented that there were quite a few things going on down at the City and they are in the process of hiring a City Manager. Mr. Kendall had spoken with Mr. Imes and he intended to say in his letter that they wanted to wait and meet after some of these other matters got resolved.

Commissioner Kendall commented that the letter the County received came directly from Mayor Imes before it was ever discussed with any of the other commission members. He said that nobody authorized him to send the letter or even knew he had sent the letter.

Commissioner Childres had no comments.

XIV. CLOSED MEETING – n/a

XV. ADJOURNMENT

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

County Clerk/County Manager Chairman

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