The Board of Commissioners of Spalding County, Georgia, held their regular monthly meeting on Monday, October 2, 2000 in their office in the Courthouse Annex in the City of Griffin, Spalding County, Georgia, beginning at 6:00 o’clock p.m. with Commissioners Earle Childres, Martha McDaniel, Merrill Massengale, Johnie McDaniel and Michael Kendall present. Also present were Deputy County Manager William Wilson, County Attorney Jim Fortune and Executive Secretary Phyllis Doane. County Manager Mike Ruffin was absent

1. Sullivan & Sturdivant are here to present checks from the Georgia Indigent Defense Council. They presented two checks totaling $39,568.29, which represents the last part of fiscal year 2000 and the first installment of fiscal year 2001.

V. PRESENTATION OF FINANCIAL STATEMENTS – n/a

1. Kathy Beheler of The Marie Forte Garden Club is present to seek approval for a median beautification project on U.S. Highway 19/41. Ms. Beheler stated that the Garden Club is working with the DOT to plant the median on U.S. Highway 19/41. She said that there would be four (4) planting beds (140 ft. each) from Highway 16 to Ingles intersection. She said that she had spoken with Louis Greene, Parks and Recreation Director and he said that he would be in agreement to maintaining the beds if the Board of Commissioners agreed. She said each planting bed would cost the club $800 and DOT will waive the $3500 bond fee for maintenance if the County would agree to help maintain the beds.

Ms. Beheler was told that Mr. Greene does not have the equipment or the crew to maintain their project as well as the safety issue on Highway 19/41. The Board was told the only maintenance would be mulching for a two year period and mowing grass on either side. They were also asking the Board’s permission to have the county auger the holes for them.

Mr. Greene made the Board aware that signs have to be erected before grass cutting can be done on U.S. 19/41. He said he has to put up three (3) signs for traffic control purposes and they have to be located 1500 ft. in advance of the worksite in both directions. He said that we already have two plantings that we are presently maintaining on 19/41, one is on the south end of 19/41 and the other one is on the north end of 19/41.

The Board chose not to take any action on this request pending County Attorney Fortune reviewing the DOT Maintenance Contract and staff obtaining further information and talking to department heads who would be involved in the planting and the maintenance.

VII. PUBLIC COMMENT

Mr. James Kay, 1150 School Road, addressed the Board on Seven Forks Subdivision stating he feels that it needs to be investigated and also his objections to the article in the paper that stated election officer wanted security guard at polling place. He said that one polling place should not be singled out. He feels that if you do that for one, then there should be a security guard at every polling place.

Mr. Dwight Bollin, 45 East Lake Circle, addressed the Board concerning campaigning at polling places. He said that he does not believe wearing a T-shirt in a polling place is campaigning. He said not being able to wear the shirt, in his opinion, abridges his freedom of speech. He stated his objections to have a security guard at the polling places. He also addressed the issue of not being able to cross party lines when you vote. He said that he lost a lot of votes for that main reason.

Chairman Kendall commented that state law prohibits campaigning within 150 ft. from the polling place. Mr. Kendall stated that if he feels that this state law as interpreted is unconstitutional, then he should file a suit against the State of Georgia to have this issue decided.

Mr. Mark Jeffries, 2321 North Walkers Mill Road, addressed the issue of placing a deputy at polling places. He said that his objection was that deputies work for an elected official in this county and this could be construed as campaigning. He said that security guards are not needed at polling places.

Mr. Ivan Taylor, 1245 Carver Road, addressed the Board on the voting process and polling places. He said that he had been involved in the voting process of Spalding County longer than anyone in the room and there is a very simple quick answer to all of this as to what you can or cannot do in a polling place. This is to write to the Secretary of State and they will be happen to send you an Election Handbook. He said there is no misinterpretation in this handbook. He said that Spalding County has one of the finest election boards in the State and a fine Election Superintendent because she wants to do everything right.

Mr. Darrell Lee Boaz, 1596 Rehoboth Church Road, questioned the reason for putting the security guard at Orchard Hill polling place. He said that he wore a T-shirt in to the polling place and the law he was given said signs. He said that he did have political signs on his truck and he moved the truck when asked to do so. He said he was told that he could not vote with the Bollin T-shirt on. He questioned as to why he could not vote. He said that he told them that he disagreed because this was wearing apparel and not a sign. He said that he threatened no one. He went out and called his lawyer regarding this and was told that he may have an argument but to keep from creating a big disturbance, to take the T-shirt off, turn it inside out and go back into the polling place and vote. He said that he did as instructed. He said there was no verbal threat or physical threat to any one and no violence. He wanted to know if he was the reason that brought up this request.

VIII. MINUTES

1. Consider the minutes of the meetings for September 2000. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the minutes were unanimously approved by a vote of 5-0.

1. Consider acceptance of deed to road designated as Jacqueline Drive. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres acceptance of deed was unanimously approved by a vote of 5-0.

1. Consideration for alcoholic license for liquor, beer and wine for Jong Se Kim d/b/a The Liquor Gate at 1740 Zebulon Road. Upon motion by Commissioner Massengale, seconded by Commissioner Childres license was approved by a vote of 4-1 with Commissioner Johnie McDaniel voting against.

2. Consider request from State Court Solicitor. Mr. Trey Howell was present for the meeting and stated he was asking for a part-time Secretary to help Susie Avery with the clerical work in the office. He said that the workload had increased tremendously for State Court.

3. Consider request from Board of Elections for security at Orchard Hill precinct. Ms. Helen Grayson, Election Superintendent for Spalding County, commented that she has always had very loyal poll workers and has had no problem with her poll workers. She said they always come to training sessions and always do a good job. She said that election day is a long day for them and they cannot have people interrupting them all the time and not following rules when they are asked and that is where her concern is. She said she did not know what the answer is to keep things running smoothly but she just had concerns about her poll workers. She said that maybe she just needed an additional poll worker, a trouble shooter, to answer questions and take care of problems if they arise such as the T-shirt incident that happened at Orchard Hill Precinct.

She said that the big red sign states, "There is no campaigning within 150 ft." It does not say campaign signs prohibited. Mr. Boaz threatened to sue the poll worker and she told him to go up and see me and then he called his lawyer. She said that her feeling is that the poll worker shouldn’t have to put up with this kind of behavior. She said that the poll worker called her and she in turn called the Sheriff and the Sheriff sent someone out there. She said that our right to vote is too important to disrupt a polling place.

Chairman Kendall asked Mrs. Grayson if the state regulations actually state the dos and don’ts of campaigning at polling places. She said that she does not having anything any writing from the Secretary of State; however, there can be no campaigning within 150 ft. from the polling place. Mr. Kendall commented to her that trying to interpret what this term means could cause people some confusion. She said at training they are specifically told when someone comes in with a campaign T-shirt on, that you ask them to turn it inside out and if they come in with a baseball cap on, you ask them to remove it and if they bring literature in, asked them to take it out or throw it away.

Commissioner Martha McDaniel made a suggestion that Mrs. Grayson write the Secretary of State Cathy Cox and ask for in writing the clarification of the rules dealing with campaigning at polling places regarding wearing apparel.

Chairman Kendall said that we need to know the dos and don’ts when going to the polling places where it will be crystal clear for everyone before the November 7^th Election.

4. Consider recommendations from Parks and Recreation Advisory Commission. There were two recommendations.

The first recommendation was that the Board of Commissioners make a request to the City of Griffin to make Flynt Street a "no parking" zone on either side of the street from North Expressway to Spalding Drive. This was made because of parking at Volunteer Park. He also mentioned asking the property owners on the southwest corner of that four way stop intersection if maybe we could use that lot for a parking lot.

The second recommendation was to see if the Board would be interested in letting Coca-Cola Bottling Company place two soft drink vending machines at Airport Road Park on the back side of the restrooms.

Mr. Greene discussed the possibility of maybe leasing the lot on the southwest corner of the four way stop intersection at Flynt and Spalding Drive. He said that Ms. Betty Hewitt owns the corner lot and the property has not been sold. He said that it has been suggested that he contact her to see if she would lease it to the county at no charge and the county would keep the grass cut and use it for parking until she sells it. He did contact her and she wrote back and said that she would be willing to let the county have it rent-free it we would maintain lot and give her a lease assuming the liability of the property. Mr. Greene commented that he would have to put a curb cut in, put a sign up for additional parking and lightly gravel a lane or two in case of rain.

5. Consider purchase of additional basketball goals to be located at Kelsey and Flynt Middle Schools. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Johnie McDaniel purchase from vendor, Aalco Manufacturing for Kelsey Middle School in the amount of $7,975.00 and for Flynt Street Middle School in the amount of $6,152.00 was unanimously approved by a vote of 5-0.

6. Consider Supplemental Agreement for Quail Road in the amount of $1200 and for Hardy Lane in the amount of $950 (Wolverton & Assoc). Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres Supplemental Agreement was unanimously approved by a vote of 5-0.

7. Consider request from W. L. Jorden & Co. for funding for construction of Elder Road. Estimated cost $450,000. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres funding request was unanimously approved by a vote of 5-0.

8. Consider Resolution Reaffirming Necessity for "911" Charge. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the following Resolution was unanimously approved by a vote of 5-0.

WHEREAS, the Board of Commissioners of Spalding County have established an Emergency Telephone Number "911" service; and

WHEREAS, the laws of Georgia provide that the governing authority of a local government operating or contracting for the operation of an emergency "911" system shall, by resolution, reaffirm the necessity for the "911" charge, and

WHEREAS, this Board of Commissioners, as the governing authority of Spalding County, now desires to reaffirm the necessity for such "911" charge;

NOW, THEREFORE, BE IT, AND IT IS, HEREBY RESOLVED that the Board of Commissioners of Spalding County does hereby reaffirm the necessity for the "911" charge of $1.50 per month, per exchange access facility provided to the telephone subscriber and $1.00 per month per wireless connection provided to each telephone subscriber.

BE IT, AND IT IS HEREBY FURTHER RESOLVED that the within resolution shall become effective immediately and that all acts or resolutions, in conflict herewith, be, and the same are, hereby repealed.

9. Consider submission of 2001 LARP request to Department of Transportation. Upon motion by Commissioner Childres, seconded by Commissioner Martha McDaniel 2001 LARP request was unanimously approved by a vote of 5-0. Deputy County Manager Wilson is to check with DOT to see if we can submit list without the county’s priority numbers for next year’s request.

10. Consider at first reading amendment to the Spalding County Code regarding private utility location. This ordinance will help beautify the county’s right of way. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres first reading was unanimously approved by a vote of 5-0. The Ordinance will be incorporated into the minutes on second and final reading.

11. Consider at first reading an ordinance amending Part VII, Section 7-1007, of the Spalding County Code adding a Four Way Stop at Hollonville Road and Line Creek Road. Motion to approve made by Commissioner Martha McDaniel, seconded by Commissioner Childres and after discussion regarding no "yea or nay" recommendation from the Sheriff’s Department, Commissioner Martha McDaniel withdrew her motion as well as Commissioner Childres his second.

12. Consider at first reading an ordinance amending the FY 2001 Budget Ordinance to provide for lease purchase financing for equipment for the Water Department. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres amendment was unanimously approved by a vote of 5-0. The Amendment to Budget Ordinance will be incorporated into the minutes on second and final reading.

THIS AGREEMENT made and entered into on this the first day of October 2000, by and between the City of Orchard Hill, hereinafter sometimes referred to as the "Municipality", a municipal corporation of the State of Georgia, and the "COUNTY OF SPALDING", hereinafter sometimes referred to as the "County". a political subdivision of the State of Georgia,

THAT WHEREAS, the Municipality now deems it in the best interest of the City of Orchard Hill and its citizens for the Municipality to furnish fire protection services in the exercises of a governmental function of the Municipality, and has requested the County to aid and assist it in furnishing such fire protection services within the corporate limits of the Municipality; and

WHEREAS, the County has now established a Fire Protection District comprising all of the unincorporated area of Spalding County and is presently furnishing fire protection services for such Fire Protection District and is willing to serve as an agent of the Municipality in providing the equipment, personnel and supplies for furnishing such fire protection services within the corporate limits of the Municipality for the consideration hereinafter set out; and

WHEREAS, the County deems it in the best interest of both parties hereto to enter into the within agency contract;

NOW, THEREFORE, for and in consideration of the premises and the respective benefits to be derived by each party hereto and in consideration of the covenants and agreements hereinafter set forth and payments of money by the Municipality to the County, as hereinafter set out, it is hereby mutually understood and agreed by and between the parties hereto, as follows:

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Beginning at 12:00 o’clock Noon on October 1, 2000, the County shall serve as an agent of the Municipality in providing fire protection services within the fire district of the Municipality, being within the corporate limits of the Municipality, for a term of twelve (12) months ending at 12:00 o’clock Noon on October 1, 2001, which such fire protection services furnished hereunder shall be comparable to the fire protection services that the County is now furnishing its aforesaid Fire Protection District, being the unincorporated area of Spalding County, and all such services furnished hereunder shall be done and furnished by the County as the agent of the Municipality, who shall be the principal furnishing such fire protection services to the people and property, residing and located, within the corporate limits of the Municipality in the Municipality’s exercises of a governmental function, and not a ministerial function, and at no time shall the County be acting hereunder in the capacity or role of an independent contractor.

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During the term of the within contract the Municipality shall pay the County the sum of One Thousand Three Hundred Three Dollars and sixty-seven cents ($1,303.67) per month for providing such fire protection services, which sum shall be due and payable by the Municipality to the County on the 10th day of each calendar month, beginning October 10, 2000, and continuing in monthly succession thereafter on the 10th day of each successive month with the last such payment being due and payable on September 10, 2001, or until this contract is sooner terminated as hereinafter provided.

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Time is of the essence of this contract and each of its provisions.

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Notwithstanding anything herein contained to the contrary the within agreement may be terminated by either party hereto on the first day of any calendar month during he aforesaid twelve month term by giving notice in writing of such termination to the other party hereto at least thirty days in advance of the designated date of such termination, and thereafter this contract shall be terminated and neither party hereto shall be obligated to furnish fire protection services to the other party hereto, and no further monthly payments shall become due and payable thereafter by the Municipality.

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Any notice contemplated or required by this contract shall be deemed effectively given when mailed by United States registered or certified mail, with the required postage prepaid, and addressed as follows:

If to the Municipality, address to:

City of Orchard Hill

P. O. Box 448

Orchard Hill, Georgia 30266

If to the County, address to:

County of Spalding

P. O. Box 1087

Griffin, Georgia 30224-1087

The parties hereto have respectively caused the within agreement to be duly executed in duplicate originals by and through their authorized officers and under their respective hands and seals on the day and year first above written.

THIS AGREEMENT made and entered into on this the first day of October, 2000 by and between the City of Sunny Side, hereafter sometimes referred to as the "Municipality", a municipal corporation of the State of Georgia, and the "COUNTY OF Spalding", hereinafter sometimes referred to as the "County". a political subdivision of the State of Georgia,

THAT WHEREAS, the Municipality now deems it in the best interest of the City of Sunny Side and its citizens for the Municipality to furnish fire protection services in the exercises of a governmental function of the Municipality, and has requested the County to aid and assist it in furnishing such fire protection services within the corporate limits of the Municipality; and

WHEREAS, the County has now established a Fire Protection District comprising all of the unincorporated area of Spalding County and is presently furnishing fire protection services for such Fire Protection District and is willing to serve as an agent of the Municipality in providing the equipment, personnel and supplies for furnishing such fire protection services within the corporate limits of the Municipality for the consideration hereinafter set out; and

WHEREAS, the County deems it in the best interest of both parties hereto to enter into the within agency contract;

NOW, THEREFORE, for and in consideration of the premises and the respective benefits to be derived by each party hereto and in consideration of the covenants and agreements hereinafter set forth and payments of money by the Municipality to the County, as hereinafter set out, it is hereby mutually understood and agreed by and between the parties hereto, as follows:

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Beginning at 12:00 o’clock Noon on October 1, 2000 the County shall serve as an agent of the Municipality in providing fire protection services within the fire district of the Municipality, being within the corporate limits of the Municipality, for a term of twelve (12) months ending at 12:00 o’clock Noon on October 1, 2001 which such fire protection services furnished hereunder shall be comparable to the fire protection services that the County is now furnishing its aforesaid Fire Protection District, being the unincorporated area of Spalding County, and all such services furnished hereunder shall be done and furnished by the County as the agent of the Municipality, who shall be the principal furnishing such fire protection services to the people and property, residing and located, within the corporate limits of the Municipality in the Municipality’s exercises of a governmental function, and not a ministerial function, and at no time shall the County be acting hereunder in the capacity or role of an independent contractor.

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During the term of the within contract the Municipality shall pay the County the sum of One Thousand Two Hundred Twenty-Five Dollars and seventy-one cents ($1,225.71) per month for providing such fire protection services, which sum shall be due and payable by the Municipality to the County on the 10th day of each calendar month, beginning October 10, 2000, and continuing in monthly succession thereafter on the 10th day of each successive month with the last such payment being due and payable on September 10, 2001, or until this contract is sooner terminated as hereinafter provided.

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Time is of the essence of this contract and each of its provisions.

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Notwithstanding anything herein contained to the contrary the within agreement may be terminated by either party hereto on the first day of any calendar month during the aforesaid twelve month term by giving notice in writing of such termination to the other party hereto at least thirty days in advance of the designated date of such termination, and thereafter this contract shall be terminated and neither party hereto shall be obligated to furnish fire protection services to the other party hereto, and no further monthly payments shall become due and payable thereafter by the Municipality.

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Any notice contemplated or required by this contract shall be deemed effectively given when mailed by United States registered or certified mail, with the required postage prepaid, and addressed as follows:

If to the Municipality, address to:

City of Sunny Side

P. O. Box 100

Sunny Side, Georgia 30284

If to the County, address to:

County of Spalding

P. O. Box 1087

Griffin, Georgia 30224-1087

The parties hereto have respectively caused the within agreement to be duly executed in duplicate originals by and through their authorized officers and under their respective hands and seals on the day and year first above written.

This contract is entered into between the City of Sunnyside, a Municipal Corporation of the State of Georgia and Spalding County, a Political Subdivision of the State of Georgia.

WHEREAS, the City of Sunnyside has various public roads within the incorporated City Limits of said city; and

WHEREAS, said roads are in need of maintenance and repair from time to time; and

WHEREAS, the City of Sunnyside has no manpower nor the equipment to do said road work; and

WHEREAS, Spalding County does have both the manpower and equipment to do such repair work; and

WHEREAS, Sunnyside has requested that Spalding County conduct the repair and maintenance work on its roads on a contract basis;

NOW THEREFORE, in consideration of the mutual benefits flowing to the parties hereto, it is mutually agreed as follows:

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The City of Sunnyside agrees that it shall contract with Spalding County to perform certain repair and maintenance work on Sockwell Drive and Anne Street. The maintenance will include only the scraping and graveling of the roads. The maintenance will take place solely upon the written request of the Mayor or City Council of Sunnyside. Spalding County agrees that it shall, pursuant to the terms and conditions set out below, perform such repair and maintenance work on the aforementioned public roads in Sunnyside as is necessary and requested.

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This contract is authorized by Article 9, Section 3, Paragraph 1 of the Constitution of the State of Georgia which authorizes intergovernmental contracts.

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This contract shall absolutely expire on the 31st of December of 2000. However, said contract will be automatically renewed for an additional twelve (12) month period unless a party hereto gives notice to the other party of its desire that the contract not be renewed.

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This contract may be terminated immediately upon written notice by one party to the other party of their intent to terminate.

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The parties agree that Sunnyside shall pay to Spalding County for maintenance if these services are provided as follows:

Motorgrader and operator $ 48.58 per hour

Dump truck and driver $ 26.55 per hour

#5 stone and/or crusher run $ 10.00 per ton

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Spalding County shall present to Sunnyside an invoice each month detailing the repair and maintenance work done within that month. Said invoice shall set out the location of the work performed and the length of time involved to perform the work. Sunnyside agrees that it shall pay said invoice within ten (10) days of receipt of same.

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Although the parties envision that the repair and maintenance work shall be done in a timely fashion upon the request of Sunnyside, nothing herein shall be construed to require Spalding County to perform the repair and maintenance work during any specific time period. The parties agree that Spalding County shall schedule said repair and maintenance work as its manpower and equipment assets permit in its sole discretion.

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WHEREFORE, the parties hereto have hereunto set their hands and seals this 2nd day of October 2000.

Commissioner Massengale had no comments.

Commissioner Johnie McDaniel had no comments.

Commissioner Martha McDaniel discussed security at the Courthouse. She asked staff to investigate badges for employees and visitors and also sign-in, sign-out sheets.

Commissioner Martha McDaniel suggested that items on the agenda that are already budgeted be included on the Consent Agenda. The Board concurred.

Commissioner Childres had no comments.

Commissioner Kendall gave a report on the Hospital Authority. He said regarding the funding for the Hope Health Clinic, that basically we have two Health Departments. He said that the Hospital Authority has created a committee to ask for a meeting with officials from the Health Department to see if we can coordinate all these efforts to see if services are being duplicated. The County allocated $185,000 last year for the Health Department and we furnish them with a building. The Hospital Authority completely funds the Hope Health Clinic. He said we need to figure out the best expenditure of our money.

County Manager, County Clerk Chairman