Extraordinary Session

EXTRAORDINARY SESSION

The Board of Commissioners of Spalding County, Georgia, held their extraordinary session on Monday, October 16, 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 County Manager Mike Ruffin in the absence of Rev. Valimont.)

III. PLEDGE TO FLAG – Led by Chairman Kendall

IV. PRESENTATIONS/PROCLAMATIONS/RECOGNITION

1. Consider approval of a Proclamation designating the week of October 15-21, 2000 as "Teen Read Week" in Griffin, Spalding County, Georgia. Dr. Nancy Baird was present on behalf of the School System to accept the Proclamation. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the following Proclamation was unanimously approved by a vote of 5-0.

Proclamation

"Teen Read Week"

WHEREAS, The ability to read and process information is a basic survival skill in our global information society; and

WHEREAS, The average reading proficiency of 12^th grade students continues to decline; and

WHEREAS, The number of students who can read but do not have the time to do so continues to grow; and

WHEREAS, The most effective way to improve reading skills is to read regularly and often; and

WHEREAS, Too few teens think reading is a valuable tool for fun and personal growth as well as for schoolwork; and

WHEREAS, Regular daily reading for fun creates a reading habit for life. Parents, Teachers, Librarians and all concerned adults can serve as role models by reading for fun themselves.

NOW THEREFORE BE IT RESOLVED, by the Board of Commissioners of Spalding County that the week of October 15-21, 2000 is hereby proclaimed as

"TEEN READ WEEK"

in Griffin, Spalding County, Georgia and urge all our citizens to encourage teens to "Take Time to Read…Read for the Fun of It!"

2. Consider approval of a Proclamation proclaiming October 29, 2000 as "Change Your Clock, Change Your Battery" Day throughout Spalding County. Fire Chief Samuel Gardner was present to accept this Proclamation. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Johnie McDaniel the following Proclamation was unanimously approved by a vote of 5-0.

Proclamation

"Change Your Clock, Change Your Battery" Day

WHEREAS, An average of three children die each day in home fires; and

WHEREAS, Eighty-two percent of fire deaths involving children occur in homes without smoke alarms; and

WHEREAS, Smoke alarms cut death rates by fire in half, providing an early warning and adding the extra seconds often necessary for a safe escape; and

WHEREAS, The Spalding County Fire Department is joining the International Association of Fire Chiefs and Energizer Batteries to remind citizens to change their batteries in their smoke alarms when they turn back their clocks on October 29, 2000.

NOW THEREFORE BE IT RESOLVED, by the Board of Commissioners of Spalding County that October 29, 2000 is hereby proclaimed as

"Change Your Clock, Change Your Battery" Day

throughout Spalding County in an effort to emphasize the vital importance of working smoke alarms in protecting families against the devastating effects of home fires.

V. PRESENTATION OF FINANCIAL STATEMENTS

1. Presentation of Financial Statements for the Three-Month Period Ended September 30, 2000. Upon motion by Commissioner Childres, seconded by Commissioner Martha McDaniel Financial Statements were unanimously approved by a vote of 5-0.

VI. CITIZENS COMMENTS – n/a

VII. PUBLIC COMMENT

1. Mr. Wendell Singleton, 243 Poplar Drive, Brooks, GA, (Spalding County) addressed the Board of Commissioners regarding his road not being paved. He said that the road he built his house on is ¾ mile long. He came and addressed the Board regarding this issue five (5) years ago and was told it would be paved in the next two (2) years but it has not. He stated they were concerned about dust and traffic on the road. He wanted to know when the road is going to be paved.

Mr. Singleton was told that on the current priority list Poplar Drive ranks No. 98; however, the county is in the process of re-evaluating the roads as things have changed since this evaluation was done. Mr. Singleton was told that the county has gone strictly by the priority list in paving roads. The Board asked Deputy County Manager Wilson to contact Mr. Singleton and discuss this with him.

He requested that crusher run be put on this road in place of 57 rock as the rock will not stay on the road and after about ten or fifteen cars the rock is all gone.

2. Mr. Allan McCallum, 2831 Williamson Road, Williamson, GA addressed the Board of Commissioners regarding the Rover-Zetella/Moreland/Highway 362 intersection. He said that according to "911" there were two more accidents with injuries this past weekend at this intersection. He said that in February he had submitted to the Board a petition with more than 300 signatures, a letter of support from the City of Williamson, three state representatives, the Sheriff’s Department, Spalding County Fire Department and several other business whose trucks use that intersection asking that this intersection be fixed. He said that everyone that lives out there believes that this is a very dangerous intersection and the Board needs to take some aggressive action to have this intersection realigned. He said that DOT has this project scheduled for 2005. He said that with all the growth that is going on in this area, this will only bring more traffic to Highway 362 and he hopes that the Board will move on getting this intersection fixed. He said that one of the problems is that Merrybrook Grocery Store has 100+ feet of open driveway where people park on the right of way and multiple cars pulling out at the same time in all different directions.

He wanted to know if the county has approached the State Representatives to have this project moved up. He requested that the county contact the DOT and State Representatives to fix this problem with this intersection.

County Manager Ruffin commented that the problem is that the State has done a study and has prioritized this project across the state and it is five years off. Mr. Ruffin stated that we have lobbied with DOT and his suggestion is to write both the State Representatives a personal letter perhaps from the Chairman asking them to intercede on our behalf asking them if the project could be accelerated. Chairman Kendall asked Mr. Ruffin to prepare the letters to the Representatives.

Mr. McCallum commented that there could be one step taken to solve a lot of the problem and that is to get DOT to go out there and put a guardrail and have a definite entrance to Merrybrook Grocery. The Board is to pursue asking DOT of possibly putting curbing up at the grocery store to alleviate some of the traffic problems.

VIII. MINUTES

1. Consider approval of the minutes for the Public Hearing of September 28, 2000, Special Called Meeting of September 29, 2000 and Regular Monthly Meeting of October 2, 2000. Upon motion by Commissioner Childres, seconded by Commissioner Martha McDaniel the minutes were unanimously approved by a vote of 5-0.

IX. CONSENT AGENDA

Chairman Kendall stated that Item No. 3 on the Consent Agenda needed to be voted on separately. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres Items 1, 2 and 4 on the Consent Agenda were unanimously approved by a vote of 5-0.

1. Consider at second reading of Amendment to the Official Zoning Ordinance and Official Zoning Map of the following:

· Rezoning Application 00-26Z: S. Grantland Barnes, Owner, Care More Management Co., Inc., Agent, Futral Road, 9.669 acres, AR-1 to C-1.

IN RE:

APPLICATION OF S. GRANTLAND BARNES AND CARE MORE MANAGEMENT CO. INC.

FOR REZONING CERTAIN PROPERTY

LOCATED WITHIN SPALDING COUNTY,

GEORGIA;

REZONING APPLICATION 00-26Z

RESOLUTION AMENDING

THE ZONING ORDINANCE OF SPALDING COUNTY, GEORGIA

AND

THE OFFICIAL ZONING MAP 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 the Official Zoning Map of Spalding County, Georgia, in Article 23, Section 2301, et. seq.;

WHEREAS, under the Zoning Ordinance of Spalding County, Georgia and the Official Zoning Map of Spalding County, Georgia the within described property is currently classified under the zoning classification entitled "AR-1, Agricultural and Residential;"

WHEREAS, S. Grantland Barnes and Care More Management Co., Inc., applicants, applied for a change in zoning classification to be applied to the within described property to "C-1, Highway Commercial;"

WHEREAS, such application was filed with Spalding County, Georgia on July 26, 2000;

WHEREAS, such application was reviewed by the Spalding County Planning Commission, and a hearing on the application was conducted by the Board of Commissioners of Spalding County, Georgia on September 28, 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 Zoning Ordinance of Spalding County, Georgia and an amendment to the Official Zoning Map of Spalding County, Georgia is in conformance with the Spalding County Comprehensive Plan and sound comprehensive planning principles and 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 Zoning Ordinance of Spalding County, Georgia and the Official Zoning Map of Spalding County, Georgia shall be and are hereby amended as follows:

Section 1: The Zoning Ordinance of Spalding County, Georgia and the Official Zoning Map of Spalding County, Georgia designating the boundaries of the several types or classes of zoning districts shall be, and is hereby amended so as to change the zoning classification applicable to the following described property:

All that tract or parcel of land lying and being situated in Land Lots 180, 181, 204, and 205, of the 2^nd Land District, original Monroe now Spalding County, Georgia, containing 9.669 acres and being more particularly described as follows:

Commencing at a point marking the intersection of the projected easterly right of way line of Old Highway 41 (Old Macon Road) (50’ r/w) and the projected southerly right of way line of Futral Road (80’ r/w), said point being the POINT OF REFERENCE; thence in an easterly direction along said southerly right of way line of Futral Road a distance of 632’ more or less to an iron pin, said pin being the POINT OF BEGINNING; thence continuing along the southerly right of way line of Futral Road along a curve to the right an arc distance of 263.78’ to a point, said curve having a radius of 1863.66’ a chord distance of 263.56’ and a chord bearing of N 87° 20’32"E; thence continuing along the southerly right of way line of Futral Road along a curve to the right an arc distance of 505.18’ to an iron pin, said curve having a radius of 5381.09’ a chord distance of 504.99’ and a chord bearing of S86° 59’38"E; thence leaving said southerly right of way line of Futral Road, S01° 40’13"W a distance of 809.69’ to an iron pin; thence S 86° 57’15"W a distance of 151.22’ to an iron pin; thence N41° 07’52"W a distance of 384.46’ to an iron pin; thence S65° 35’38"W a distance of 103.72’ to an iron pin; thence N02° 06’40"E a distance of 122.55’ to an iron pin; thence N28° 24’31"W a distance of 69.22’ to an iron pin; thence N28° 24’31"W a distance of 456.55’ to an iron pin and the POINT OF BEGINNING.

Said tract or parcel of land being more particularly described by a survey "Tract 1" for Care More Management Co., Inc., dated November 5,1 999 by R. Maxwell Davis, R.L.S.

From "AR-1, Agricultural and Residential" to "C-1, Highway Commercial " District.

Section 2:

(a) Pursuant to the requirements of the Zoning Ordinance of Spalding County, Georgia, section 2302 (B), the Official Zoning Map of Spalding County, Georgia shall be amended to reflect the change made hereby to read as follows:

On October 16, 2000, by official action of the Board of Commissioners of Spalding County, Georgia the following change was made in the Official Zoning Map, Spalding County: All those tracts or parcels of land situate lying and being in Land Lots 180, 181, 204, and 205 of the 2^nd Land District of originally Monroe, now Spalding County, Georgia, consisting of approximately 9.669 acres, zoned C-1.

(b) The Chairman of the Board of Commissioners of Spalding County, Georgia is directed and authorized to execute such notice of the amendment of the Official Zoning Map of Spalding County, Georgia.

(c) The Zoning Administrator is authorized and directed to enter such notice of the amendment of the Official Zoning Map of Spalding County, GA thereon.

Section 3: The foregoing amendment of the Zoning Ordinance of Spalding County, Georgia shall become effective immediately upon adoption of this resolution.

Section 4: All Ordinances or resolutions in conflict herewith shall be and are hereby repealed.

2. Consider second reading of Amendment to the Official Zoning Ordinance and Official Zoning Map of the following:

· Amendment to UDO-00-18: Definition of Terms Used—Section 203:A & S-Conventional Construction and Class A Manufactured Homes—add provision for breezeway requirements.

RESOLUTION AMENDING

THE ZONING ORDINANCE OF SPALDING COUNTY, GEORGIA

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 Zoning Ordinance of Spalding County;

WHEREAS, such text amendments to the Zoning 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 September 28, 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;

NOW THEREFORE, IT SHALL BE AND IS HEREBY RESOLVED by the Board of Commissioners of Spalding County, Georgia, that the Zoning Ordinance of Spalding County, Georgia shall be and is hereby amended as follows:

Section 1: The following provisions shall be added to the Zoning Ordinance of Spalding County, Article 2, "Definitions of Terms Used:" to appear as Section 203(A)(4):

Section 203: Housing Definitions.

A. Conventional Construction:

4. For purposes of this definition, no manufactured home (as defined in Section 203(S-U)) may be attached to any conventionally constructed dwelling unit by means of breezeway, corridor or hallway.

Section 2: The following provisions shall be added to the Zoning Ordinance of Spalding County, Article 2, "Definitions of Terms Used:" to appear as Section 203(S)(1)(g):

Section 203: Housing Definitions.

S. Manufactured Home, Class A:

1. A dwelling unit fabricated in an off-site facility for installation or assembly at the building site, bearing a label certifying it is constructed in compliance with the Federal Manufactured Home and Standards Act, 42 U.S.C. Sections 5401-5445(the HUD Code, which became effective on June 15, 1976), and meeting the following development standards:

g. For purposes of this definition, no manufactured home (as defined in Section 203(S-U)) may be attached to any other Manufactured Home, Class A by means of breezeway, corridor or hallway.

Section 3: The foregoing amendments to the Zoning Ordinance of Spalding County shall become effective immediately upon adoption of this resolution.

Section 4: All Ordinances or resolutions in conflict herewith shall be and are hereby, repealed.

· Amendment to UDO-00-19: Definition of Terms Used—Section 203:R—Industrialized Homes- redefine definition.

RESOLUTION AMENDING

THE ZONING ORDINANCE OF SPALDING COUNTY, GEORGIA

Section 1: The following provisions shall be deleted from the Zoning Ordinance of Spalding County, Article 2, "Definitions of Terms Used:" Section 203(R).

Section 2: The following provisions shall to added to the Zoning Ordinance of Spalding County, Article 2, "Definitions of Terms Used" to appear as Section 203(R):

Section 203: Housing Definitions.

R. Industrialized Home: A residential structure which is (either wholly or in substantial part) made, fabricated, formed or assembled in one or more factory built sections or panels in manufacturing facilities for assembly and installation on a building site. An industrialized home is manufactured in such a manner that all parts or processes cannot be inspected at the installation site without disassembly, damage to or destruction thereof and which, when completed, meets or exceeds the requirements of any and all development standards for conventionally constructed site built housing. Any industrialized home must be designed to be permanently connected to a site-built foundation. No industrialized home shall be constructed with a chassis, as defined in 24 C.F.R.  3280.902(a). It is the intent of this definition to include structures or components which are included within O.C.G.A.  8-2-111(3) and 7 C.F.R.  3550.10 or which are approved pursuant to the Rules and Regulations of the Department of Community Affairs of the State of Georgia and which bear an insignia of approval issued by the Commissioner thereof.

In addition, any industrialized home shall meet the following standards:

1. The home has a minimum width in excess of twenty (20) feet.

2. The pitch of the home's roof has a minimum vertical rise of four (4) feet for each twelve (12) feet of horizontal run, and the roof is finished with a type of material that is commonly used in conventional residential construction, except that any such home for which a building permit was applied prior to the adoption of this Ordinance may be extended, enlarged or repaired as otherwise provided by this Ordinance with the same roof pitch as that allowed by the issued building permit.

3. The exterior siding consists of wood, hardboard, vinyl, brick, masonry, or aluminum (vinyl-covered or painted, but in no case exceeding the reflectivity of gloss white paint) comparable in composition, appearance and durability to the exterior siding commonly used in conventional residential construction.

4. The home, if constructed outside of the boundaries of Spalding County, may not be brought into Spalding County and used as a dwelling if such home was constructed more than five (5) years from the date on which the application is requested.

5. Any person desiring to locate or place an industrialized home within Spalding County shall comply with the requirements of Section 408 and Section 419 of this Ordinance.

Section 3: The foregoing amendments to the Zoning Ordinance of Spalding County shall become effective immediately upon adoption of this resolution.

Section 4: All Ordinances or resolutions in conflict herewith shall be and are hereby, repealed.

· Amendment to UDO-A-00-20: Article 5, AR-1-Section 503:A(2), Article 6, AR-2-Section 603:A(3), Article 8, R-2, Section 803:A(2) & Article 11, R-5 – Section 1103:A(2)—add Industrialized Homes as Permitted Uses.

RESOLUTION AMENDING

THE ZONING ORDINANCE OF SPALDING COUNTY, GEORGIA

Section 1: The following provisions shall be added to the Zoning Ordinance of Spalding County, Article 5, "AR-1 Agricultural and Residential" to appear as Section 503(A)(2):

Section 503: Permitted Uses.

A. The following Principal Uses are permitted in AR-1 districts:

2. Industrialized home, single family detached dwelling with a heated floor area of at least 1,250 square feet.

Section 2: The following provisions shall be added to the Zoning Ordinance of Spalding County, Article 6, "AR-2 Rural Reserve" to appear as Section 603(A)(3):

Section 603: Permitted Uses.

A. The following Principal Uses are permitted in AR-2 districts:

3. Industrialized home, single family detached dwelling with a heated floor area of at least 1,500 square feet.

Section 3: The following provisions shall be added to the Zoning Ordinance of Spalding County, Article 8, "R-2 Single-Family Residential District" to appear as Section 803(A)(2):

Section 803: Permitted Uses.

A. The following Principal Uses are permitted in R-2 districts:

2. Industrialized home, single family detached dwelling with a heated floor area of at least 1,250 square feet.

Section 4: The following provisions shall be added to the Zoning Ordinance of Spalding County, Article 11, "R-5 Single Family District" to appear as Section 1103(A)(2):

Section 1103: Permitted Uses.

A. The following Principal Uses are permitted in R-5 districts:

2. Industrialized home, single family detached dwelling with a heated floor area of at least 1,250 square feet.

Section 5: The following provision shall be deleted from the Zoning Ordinance of Spalding County, Article 5 "AR-1 Agricultural and Residential:" Section 503(B)(17) which shall appear as "Reserved."

Section 6: The following provision shall be deleted from the Zoning Ordinance of Spalding County, Article 11 "R-5 Single Family District:" Section 1103(B)(3) which shall appear as "Reserved."

Section 7: The foregoing amendments to the Zoning Ordinance of Spalding County shall become effective immediately upon adoption of this resolution.

Section 8: All Ordinances or resolutions in conflict herewith shall be and are hereby, repealed.

4. Consider at second reading an ordinance amending the FY 2000 Budget Ordinance to provide for lease purchase financing for equipment for the Water Department.

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 might amend its annual budget ordinance to adapt to changing governmental needs during the fiscal year.

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners the annual budget ordinance as approved, adopted and enacted on second reading on June 30, 2000, shall be amended as follows:

Section I. General Fund

A. Revenues

Other Financing Sources From $ 0 to $ 126,922

B. Expenditures

Water Department From $3,812,078 to $ 3,939,000

Approved on first reading this 2^nd day of October 2000.

Approved, adopted and enacted on second reading this 16^th day of October 2000.

3. Consider at second reading an ordinance amending the Spalding County Code relative to Private Utility Location. Michael Sabine, Community Development Director, stated there was a technical error to Section 5-1019, subsection (d) as it should read private utility in lieu of public utility. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the ordinance with change was approved unanimously by a vote of 5-0. Due to an error this will have to go back on an agenda for second reading. The Ordinance will be incorporated into the minutes on second and final reading.

X. OLD BUSINESS

3. Consider report from County Attorney regarding a request from the Marie Forte Garden Club. County Attorney Fortune commented that he had reviewed the contract with DOT and the contract requires the Garden Club to have Workers Comp Insurance, Public Liability Insurance, Property Damage Coverage as well as Valuable Paper Coverage and in certain circumstances may be required to reimburse DOT for inspections and supervision. The contract is from now on and the Club was under the impression it was for two (2) years based on their conversation with DOT. The staff report from Parks and Recreation Director Louis Greene states that the maintenance of these four beds could add 12 hours of maintenance per week and at this time all crews are scheduled for the entire week with no free time available. He also stated in his report that there would be a need for additional equipment as well as additional supplies such as fertilizer, herbicide, trash bags, weed eater, cords, etc. plus extra equipment maintenance costs.

Commissioner Martha McDaniel commented that she had spoke with Mrs. Neal from the Garden Club and discussed this project. Everyone seems to have the interest of the bypass in mind and she suggested that the club plant crepe myrtles, which in fact could be mowed down as they will come back and they do not need a great deal of watering. Mrs. Neal thought this would be a good idea and Mrs. McDaniel encouraged the Board to support this idea.

Commissioner Martha McDaniel made a motion to plant crepe myrtles on the 19/41 bypass and to pursue wildflower plots also and that Spalding County be the Licensee on the Contract with DOT and that Parks and Recreation maintain the plantings and the median. She said that when the new C.I. is completed and we receive additional inmates for this maintenance to be turned over to the Roads Department. It was noted that Mrs. McDaniel had not discussed any of this with the staff at the Roads Department.

After discussion regarding the DOT Contract, Commissioner Martha McDaniel withdrew her motion. Motion made by Commissioner Martha McDaniel, seconded by Commissioner Massengale to table and motion was unanimously approved by a vote of 5-0.

Mrs. Neal stated when she came back to address this she would bring a representative from DOT.

4. Consider at first reading an ordinance amending the Spalding County Code adding a Four Way Stop at Hollonville Road and Line Creek Road. The recommendation from the Sheriff Department was to leave the current intersection as is. Upon motion by Commissioner Massengale, seconded by Commissioner Johnie McDaniel the ordinance was approved by a vote of 3-2 with Commissioners Kendall and Martha McDaniel voting against the motion. The Ordinance will be incorporated into the minutes on second and final reading.

XI. NEW BUSINESS

1. Consider request from State Court Judge Tim Cramer requesting funding to pay for a visiting judge for State Court. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the request to approve at least $3,000 was approved by a unanimous vote of 5-0.

2. Consider engineering proposal for Green Valley Road Improvements. The low bidder was HDR/W. L. Jorden, Inc. at a cost of $22,000 for North Section and $46,000 for South Section. Motion made by Commissioner Martha McDaniel, seconded by Commissioner Childres to approve low bidder of HDR/WL Jorden and unanimously approved by a vote of 5-0.

3. Consider approval of FY 2000 Budget Amendment for the CSBG Program. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres Budget Amendment was unanimously approved by a vote of 5-0.

4. Consider final plat of Sassafras Subdivision, Alan Mobley, Owner, 17.94 acres, 15 lots, zoned R-2. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres and Commissioner Massengale simultaneously the final plat was unanimously approved by a vote of 5-0.

5. Consider request from WWTP. The request from Mr. Tenison was for the County to prepare for the next round of CDBG in early 2001. It was noted that preparation for the previous grant application that Mr. Tenison withdrew was at the cost to the County in the amount of $1,300. The one change in condition is that if the project exceeds $500,000 (the amount of the CDBG Grant) there will be no cost to WWTP.

Due to pursuing further study and review motion made by Commissioner Martha McDaniel, seconded by Commissioner Johnie McDaniel to table until November 20^th agenda and unanimously approved by a vote of 5-0.

6. Consider Lease Agreement with Betty Hewitt for lease of 6.26 acres located South of Flynt Street and west of Spalding Drive. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the following Lease Agreement was unanimously approved by a vote of 5-0.

LEASE AGREEMENT

THIS LEASE, made this 16^th day of October, 2000, by and between

Betty Hewitt, of the State of Georgia, first party, (hereinafter called "Landlord"); and Spalding County,

Georgia, a political subdivision of the State of Georgia, second party, (hereinafter called "Tenant");

WITNESSETH:

Premises 1. The premises is known as 6.26 acres located South of Flynt Street and West of Spalding Drive. A more particular description of said property is attached hereto as Exhibit A and incorporated herein.

Term 2. To have and to hold the same for a term beginning on the 16th day of October 2000, and ending on the 31st day of December, 2000, at midnight. Unless one party gives notice to the other of its intention not to renew

this lease, then said lease shall automatically be renewed on January 1, 2001 to expire on December 31, 2001. Each

renewal period will expire on the 31st day of December absolutely. Either party to this contract may terminate this lease

upon thirty (30) days written notice to the other.

Rental 3. Tenant agrees that in return for this lease that it shall bush hog the property and keep the grass and curbing cut. Tenant shall also put down gravel for parking.

Time of 4. Time is of the essence of this agreement.

Essence

Use of Premises 5. Premises shall not be used for any illegal purposes; nor in any manner to create any nuisance or trespass; nor in any manner to vitiate the insurance or increase the rate of insurance on premises.

Entry for 6. Landlord may card premises "For Rent" or "For Sale" thirty (30) days before the termination of this lease

Carding, etc. Landlord may enter the premises at reasonable hours to exhibit same to prospective purchasers or tenants and to make

repairs required of Landlord under the terms hereof, or to make repairs to Landlord's adjoining property, if any.

Mortgagee's 7. Tenant's rights shall be subject to any bona fide mortgage or deed to secure debt which is now, or may

Rights hereafter be, placed upon the premises by Landlord.

No Estate 8. This contract shall create the relationship of Landlord and Tenant between the parties hereto; no estate shall in Land pass out of Landlord. Tenant has only a usufruct, not subject to levy and sale, and not assignable by Tenant except by

Landlord's consent.

Rights 9. All rights, powers and privileges conferred hereunder upon parties hereto shall be cumulative but Cumulative not restrictive to those given by law.

Waiver of 10. No failure of Landlord to exercise any power given Landlord hereunder, or to insist upon strict compliance Rights by Tenant with his obligation hereunder, and no custom or practice of the parties at variance with the terms hereof shall

constitute a waiver of Landlord's right to demand exact compliance with the terms hereof.

Definition 11. "Landlord" as used in this lease shall include first party, her heirs, representatives, assigns and successors in title to premises. "Tenant" shall include second party, its heirs and representatives, and if this lease shall be validly assigned or sublet, shall include also Tenant's assignees or sub-lessees, as to premises covered by such assignment or sublease. "Agent" shall include third party, his successors, assigns, heirs, and representatives. "Landlord", "Tenant", and "Agent", include male and female, singular and plural, corporation, partnership or individual, as may fit the particular parties.

Indemnification 12. In return for the use of the leased premises, Tenant agrees that it will indemnify and hold Landlord harmless against any claim for personal injury or property damage which may arise where the Tenant's negligence is the sole proximate cause of said loss.

This lease contains the entire agreement of the parties hereto and no representations, inducements, promises or agreements, oral or otherwise, between the parties, not embodied herein, shall be of any force or effect.

IN WITNESS WHEREOF, the parties herein have hereunto set their hands and seals, in triplicate, the day and year first above written.

7. Consider request to make Railroad Drive an Animal Restraint District. County Manager Ruffin stated that all requirements have been met and requested an effective date of January 1, 2001 to allow time to notify all the property owners affected and post the signs. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the request was approved with an effective date of January 1, 2001 by a unanimous vote of 5-0.

8. Consider bids for 2000 LARP Projects. Deputy County Manager Wilson requested that the Board approve low bidder of Hill Construction Company in the amount of $322,595.15. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres low bid was unanimously approved by a vote of 5-0. (Project #LAR29-1-7(255) C1.)

9. Consider Grant Award for Spalding County’s Purchase of Services for Juvenile Offenders Program in the amount of $10,000. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres Grant Award was unanimously approved by a vote of 5-0.

10. Consider FY 2000-2001 Supplemental Budge Request for the Griffin-Spalding Airport. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Massengale the Budget Request in the amount of $19,384 was unanimously approved by a vote of 5-0. The additional money will be taken from contingency.

11. Consider statement from McIntosh Trail Regional Development Center for local dues. The total cost of dues is $36,574. Upon motion by Commissioner Massengale, seconded by Commissioner Kendall the dues were approved by a vote of 3-2 with Commissioners Childres and Martha McDaniel voting against the motion.

12. Consider Change Order No. 3 for Spalding County Correctional Institution in the amount of $6,981.00 for addition of security walls. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres Change Order No. 3 was unanimously approved by a vote of 5-0.

13. Reschedule date of November 23^rd Public Hearing due to conflict of Thanksgiving Holiday. (November 30^th is recommended.) Motion by Commissioner Martha McDaniel, seconded by Commissioner Childres to reschedule the Public Hearing date to November 30^th and unanimously approved by a vote of 5-0.

14. Consider possible action regarding PRRRD zoning classification and associated uses. Chairman Kendall asked the people in the audience how many wished to speak on this item and asked them to come up and sit on the front row. There were four (4) people who wished to speak in opposition and four (4) people who wished to speak for. Chairman Kendall commented that he would allow approximately thirty (30) minutes for speaking to be divided sixteen (16) minutes for the opponents and sixteen (16) minutes for the proponents.

Chairman Kendall called for a five minute recess to allow the people to divide up their sixteen (16) minutes each.

Chairman Kendall called the meeting back to order.

The following opponents spoke:

1. Mr. Milton Cline gave his address as 1051 Baptist Camp Road and stated that Cherokee Rose is a noise issue and a nuisance in their neighborhood. He addressed the NRA and stated it was not someone trying to take your weapons. He said on September 30^th there was shot across the road and he presented the Board a picture of the new station that Cherokee Rose has put up near the road. He requested again that the property been sold and set aside for green space.

2. Ms. Sonya Garnett gave her address as 1061 Teamon Road and stated that the only problem she had with Cherokee Rose was the noise and that was her main concern of what can be done about the noise especially on Sundays.

3. Ms. Gail Dean gave her address as 1250 Teamon Road and responded to the NRA regarding a post card that they and the neighbors had received and said to them it was not a gun issue but a noise issue. She asked the Board to consider the following: (1) noise ordinance be amended to include the use of guns; (2) establish hours of operation; (3) prohibit Sunday shooting; (4) required standards of safety set up for proper safety zone; (5) look into noise abatement issues which includes establishing a 50 foot buffer that is in the requirement of the drawing that Cherokee has.

4. Mr. Sid Jennette gave his address as 1980 Kilgore Road and referred to his letters to the Chairman of June 22, July 16, September 15 and to Mr. Sabine on September 7^th. He asked that these particular letters in their entirety be made a part of the minutes of this meeting.

Motion made by Commissioner Martha McDaniel to accept these letters as part of the minutes. Commissioner Childres seconded the motion and motion was unanimously approved by a vote of 5-0.

June 22, 2000

Mr. Michael Kendall, Chairman

Spalding County Board of Commissioners

130 N. Hill Street

Griffin, GA 30223

Dear Commissioner Kendall:

Due to conflicts I have been unable to attend the several commission meetings where Cherokee Rose was discussed.

I wish to make it very clear that my family and my immediate neighbor, Mrs. A. B. Hollowell, are strongly opposed to the Cherokee Rose operation. It is a nuisance and definitely an unattractive part of north Spalding County. In addition to the incessant noise, it tends to decrease property values and drive away desirable and attractive homes.

Cherokee Rose was opposed by my neighbors and me in 1990 but our cries were not heeded. When the land use plan was developed several years ago it was apparent that north Spalding residential density was increasing. Cherokee Rose was dormant. A responsible and competent planning department would have addressed this condition at that time, and prepared a change in zoning.

It is not enough to simply state that "it was zoned for a shooting preserve and we can’t change it". Residents within one and a half to 2 miles are constantly "under the gun". You as responsible commissioners and our representatives need to face up to the problem. People cannot and should not be made to live under the conditions created by Cherokee Rose.

Thank you in advance for your attention.

Sincerely,

S.E. Jennette, Jr.

Cc: County Commissioners

Planning Commission Members

Mike Ruffin, County Manager

Candidates for County Commission Posts

July 16, 2000

Mr. Michael Kendall, Chairman

Spalding County Commission

130 North Hill St.

Griffin, GA 30223

Dear Chairman Kendall:

I wrote to you on June 22 expressing my concerns over the Cherokee Rose operation. Thank you for your reply in which you solicited suggestions for the resolution of this problem.

It is my understanding that you have referred this matter to Planning and Zoning requesting recommendations for resolving the issue. It seems to me that there are several questions that the Spalding County government should be determining the answers to:

The original code that established a PRRRD was written and approved in 1989. It was most precise in the standards to be met. The code was amended in 1994 and the standards were "watered down". One of those standards, 17.c.3 on p.8-18.8.1 stated that "the development of the PRRRD shall not adversely affect either developed or undeveloped neighboring properties." This is just one example of the dilution of the original code.

Question 1: Why was the original code changed? Request county government to list and explain each change from the original and its effect on the PRRRD.

Question 2; Publications by Cherokee Rose show hours of operation. These are not adhered to. There should be a recommendation by county government concerning hours of operation.

Question 3: At the hearings in 1989-90 I asked the question₁"What distance can the shots be heard?" The answer - about one mile. Where are the studies and substantiation for this statement? I live one and a half miles away and it is not only annoying but stressful. I asked a friend who lives north of GA 20 is he could hear the shooting at Cherokee Rose - he said "yes, on occasion." This is five miles away. The noise is plainly heard one to two miles west of 19 & 41 highway.

Question 4: What would be the Commissioners reaction if Cherokee Rose initiated the use of larger gauge shotguns with an increased noise level? This could be done since the code is not specific.

Question 5: The code specifies the permitted uses (See 17.d on p.8-18.8.2). It is my understanding that each use must be detailed with specifications, etc. and approved by Planning and Zoning and the Spalding County Commission. What were the dates where any of these uses were approved - copy of minutes and copy of plans submitted by Cherokee Rose.

Question 6: The PRRRD code specifies that a detailed, comprehensive pre-development plan be submitted that would include a. through j., 17.r.2 on p.8-18.8.4. Where is the pre-development plan with those specifications?

Question 7: The PRRRD code has specifications for the conceptual site plan (a. through q., 17.r.1, p,8-18.8.4) The conceptual site plan that is a matter of record does not include much of the required data and the present operation does not reflect the conceptual plan. Is there information available to substantiate that the requirements were met?

Question 8: All of the requirements for the PRRRD are to be submitted to Planning and Zoning for review as to conformity to the code and then to the Spalding County Commission with P & Z recommendations. Was this done? Please submit evidence.

Question 9: There are literally hundreds of strategically placed acres awaiting development in this area. What are the prospects for quality homes being built on these acres with the stress and annoyance created by Cherokee Rose? Your efforts to upgrade and improve our tax base are being circumvented by this situation.

Question 10: The conceptual plan (I have not seen a pre-development plan) calls for a buffer zone covering the entire perimeter. It should be determined what has been done with plants, shrubs, trees, bushes, sound barrier fences to curtail the noise problem. If this has not been addressed, what could be done?

It may be worth consideration by the county government to hire a consultant to assist in solving this problem which seemingly was created by the Spalding County government's failure in 1990 to insure and require that Cherokee Rose meet the specifications mandated under the law. This problem does not affect just those who are adjacent but everyone in the county because of (a) the noise which extends for several miles in all directions, and (b) decrease of property values which places a heavier load on those not in the vicinity.

Your addressing of these questions and issues and referral to the proper sources will begreatly appreciated. I will be most interested in the county government's response.

Sincerely,

Sid Jennette

1980 Kilgore Road

Griffin, GA 30223

Attachment: 1989 PRRRD Zoning Law

copies to: Spalding County Board of Commissioners

Mike Ruffin, County Manager

Michael Sabine, County Planner

September 7, 2000

Mr. Michael Sabine

County Planner

P.O. Box 1087

Griffin, GA 30224

Dear Mr. Sabine:

The Planning and Zoning Board has been charged with the responsibility of recommending to the Spalding County Commissioners an appropriate disposition of the problem created by the Cherokee Rose Shooting Resort.

In my opinion their recommendation must include information on the following subjects:

(1) Code compliance. Did Cherokee Rose comply with the code in 1989 and 1994? There is no public evidence that it did. Recommendations should include details as to compliance or non-compliance.

(2) Property devaluation The noise created by Cherokee Rose has caused property devaluation in the area one and a half to two miles from Cherokee Rose. Judgments should be made as to the extent of the devaluation and the subsequent effect on all tax payers of Spalding County.

(3) Economic effect of Cherokee Rose on Spalding County It is doubtful that Cherokee Rose has ~ positive impact on the Spalding County Economy.

(4) 1997 recommendations by Planning and Zoning to Spalding County Commissioners to eliminate PRRRD. Does Planning and Zoning continue to support this recommendation?

(5) Noise abatement. There are a host of systems that can be installed to reduce the noise at Cherokee Rose. detailed recommendations should be included.

(6) Noise ordinance Every progressive political entity in the USA has a comprehensive noise ordinance. Examples and sample ordinances are available. In addition, testing is standardized and can be made available to Spalding County.

(7) Green Space. Positive thinking gives us a source in the fact that Georgia recently was placed at the very bottom of the national list for established green space. Governor Barnes is, therefore, giving financial assistance to those counties with 60,000 people or more to purchase permanent green space. The Parks and Recreation Advisory Commission is also in search of green space, Spalding County's Commissioners recently approved the Advisory Commission's update to the 1993 Master Plan which includes the recommendation that the county "set aside undisturbed green space for passive recreation" (from Griffin Daily News, 8-10-2000). A county park is needed in our area to provide nature walking trails, picnic areas, family reunion/group use pavilions_,a conference center and other sources of outdoor activities as well as a wholesome dedicated green area. All of these needs could be met by the County's purchasing the property at Cherokee Rose and possibly getting it paid for through State funds set aside for that purpose.

(8) Legal action. The Spalding County Commissioners should be apprised of the strong possibility of legal action against them for failure to enforce the code and the expense and exhaustive procedures that will continue ad infinitum.

Sincerely,

Sid Jennette

1980 Kilgore Rd

Griffin, GA 30223

770 229-1010

September 15, 2000

Mr. Earle Childres

Spalding County Board of Commissioners

75 Kings Lane

Griffin, GA 30223

Dear Commissioner Childres:

I attended the Planning and Zoning Board meeting on 9-12-2000. The recommended remedy for the Cherokee Rose problem was presented to the Board by Messrs. Galloway and Sabine. The conclusion reached after a minimal amount of research was that Cherokee Rose Shooting Resort is legal and noise is the significant problem. The legality issue is subject to further research and review; however, I will agree that the problem is noise. It is a definite nuisance!

As you search for a solution, I hope that you will ask yourself the following questions:

1. Where are the data concerning shooting preserves in other counties and states? There are thousands of shooting preserves in the USA and most of them fit into a pattern:

a) Number of acres

b) Zoning of surrounding property

c) Noise level restrictions

d) Hours for shooting

e) Etc.

2. There is little doubt that the noise level has caused a devaluation of property within the one and one half mile radius. Why not have your staff quantify this detrimental effect on all of the Spalding County taxpayers?

3. In 1989 the chairman of the Development Authority appeared before the Spalding

County Commission and recommended approval of the Cherokee Rose Shooting

Preserve because of the economic effect. What ~ the economic impact of Cherokee

Rose on Spalding County?

4. Why have the owners and operators of Cherokee Rose acted in an arrogant and uncooperative manner? Could it be that you Commissioners have not attempted to mitigate the intensity of the problem? Cherokee Rose is operating as though it were a separate political entity and intends to do as it pleases - neighbors be damned!

5. What can be done?

Spalding County can compel compliance by adopting standards and making them a part of the ordinance.

It is imperative that the Spalding Countv Commission assume the responsibility and authority in setting shooting days and hours in specifying noise abatement and buffer configuration; causing the posting of appropriate signs, etc. In my discussions with the Cherokee Rose neighbors it appears that the elimination of Sunday shooting would go a long way in mollifying this group.

6. What effect is Cherokee Rose Shooting Resort going to have on the future development and the tax base of northeast Spalding County? This area is directly in the growth path and will receive the first spill-over from Henry County. The Cherokee Rose facility could cost this county millions in tax revenue during the next twenty-five years.

7. Why is your legal department taking the path of least resistance and simply stating that "Cherokee Rose is legal - what can we do?" Why not do some research to determine what has been done in other political sub-divisions where zoning and license was granted, but it later determined that it was detrimental. There must be thousands of cases where a remedy was found. I hope you will request such a study.

8. Isn't it about time that Spalding County developed a comprehensive noise ordinance? We are in the early stages of a massive influx of every imaginable type of business and industry. Let's do some preventive maintenance before it's too late.

Thank you for the work that you are doing to solve this very real and serious problem.

Sincerely,

S. E. Jennette, Jr.

1980 Kilgore Rd

Griffin, GA 30223

770-229-1010

Mr. Jennette made one comment about the NRA. He said that he was a hunter and had several guns in his home. He referred to the bulletin that NRA put out and said he took offense to it. He said that Cherokee Rose has not been operating for ten (10) years and he questions that Cherokee is a boom to the economy of Spalding County because nobody has shown him anything where they have done something for Spalding County economically. He said that he has not an activist but a homeowner in Spalding County and asked the Board to help them protect their property valuation. He asked the Board to consider the following: (1) the need for a strong meaningful noise ordinance; (2) regulation of the operation of Cherokee Rose; (3) approve to apply for a grant request (60,000 population needed) to get money for green space in North Spalding to purchase Cherokee Rose; (4) prohibition of shooting on Sunday showing where a court order was issued on March 27, 2000 where Jenkins County is prohibited from shooting on Sunday. He asked that this Court Order be made part of the minutes also.

IN THE SUPERIOR COURT OF JENKINS COUNTY

STATE OF GEORGIA

LEROY CLAYTON

ROBERT JENKINS, MABEL JENKINS AND

ROBERT JENKINS d/b/a HANGING ROCKS

PLANTATION

ORDER

The above-styled case having been tried before a jury on March 13-14, 2000, and the jury having returned a special verdict finding that the Defendants’ sport shooting range constitutes a nuisance.

IT IS HEREBY ORDERED that the Plaintiff’s request for equitable relief is granted as follows:

Defendants, their representatives, agents, and employees are permanently enjoined from operating any sport shooting, skeet or other target shooting range on their property adjacent to Plaintiff’s property off Honey Ridge Road in Jenkins County, Georgia, from 12:00 a.m. Sunday morning until 12:00 a.m. Monday morning, for each and every week from the date of this order.

SO ORDERED this 27^th day of March 2000.

Judge John R. Turner

Superior Court of Jenkins County

The following proponents spoke:

1. Mr. Mike Silva stated he was on the Board of Directors of Georgia Skeetshooter Association and stated that Cherokee Rose is definitely a world class facility and should be recognized as such and should be protected and allowed to flourish. He said that Cherokee Rose is a positive asset for this community and can have an effective economic impact in this community if allowed to. He said that Cherokee Rose has tried to be a good neighbor in the past and will continue to do so in the future.

2. Mr. David Castile gave his address as 705 Woodland Drive and stated he is a member of the Griffin Gun Club as well as a member of the City Zoning Board but is speaking as a private citizen. He said he had concerns about the county becoming embroiled in another legal battle when only the lawyers win. He asked the members of the Griffin Gun Club and Social Shooting Club to stand up to show their representation. He said as Chairman of the City Zoning Board that he was totally opposed to any retroactive changes to any use of private property which is currently within the rules of the current zoning. He said he feels the Board would be making a serious mistake to make any retroactive changes on this property to any uses which are not currently allowed under the current zoning. He urged also that all the parties involved in this reach a compromise or otherwise let the parties involved settle it in court and leave the county out of it.

3. Mr. John Thomas from Atlanta GA stated he represented the National Rifle Association (NRA) and said he was here tonight to advise the Board that the NRA supports legally constituted shooting facilities. He said that it was his understanding that Cherokee Rose is a ten year old legally constituted shooting facility which enjoys a great reputation among the southeastern United States sport shooters. He said that he has personally toured this facility and it is in his opinion that Cherokee Rose Sporting Resort Operators are conducting a fine facility for the use and the enjoyment of the sports shooters of the Southeastern United States. He said that NRA is very much interested in preserving legal shooting facilities in our state. He encouraged the Board to support the preservation of this facility.

3. Mr. Ted Sandler stated he was the attorney representing Cherokee Rose. He said that he knew this was a very difficult issue to tackle and knew that it had taken up a lot of time and thanked everyone that has participated in this difficult task. He said that everyone has agreed that the issue is noise and sees this as a nuisance issue not a zoning issue. He said that he hopes the Board does not take action of eliminating the category as Cherokee Rose is not sure how this will leave them. It could leave them as a legal non-conforming use. He said that less than half of the 125 acres has been developed and where would eliminating the zoning leaves them with the ability to develop the remainder of their property.

Commissioner Martha McDaniel stated that she has not had a chance to discuss this with the county’s attorneys as to what the county’s options would be and made a motion to amend the Agenda to go into Closed Meeting to discuss potential litigation. Commissioner Childres seconded the motion and motion was unanimously approved by a vote of 5-0.

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

Those present were Commissioners Michael Kendall, Earle Childres, Martha McDaniel, Johnie McDaniel, Merrill Massengale, County Manager Mike Ruffin, Deputy County Manager William Wilson, County Attorney Jim Fortune and Executive Secretary Phyllis Doane. Also present were Community Development Director Michael Sabine and Zoning Attorney Newton Galloway.

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

The following business was transacted at this time.

Chairman Kendall made comments before a motion was made regarding PRRRD zoning classification. The biggest conflict in our community at this time is the question of noise. He said there is a serious conflict in this particular area of the county between the residential nature around Cherokee Rose and the noise that is generated by the guns being fire by the people who visit and partake of the activities at Cherokee Rose. We are bound by County Ordinances, State Statutes that are currently in place in regards to what a governing body in particular can, in fact, legally do to circumscribe the noise that is generated from a shooting range. He said that there is a statute that specifically speaks to sport shooting ranges in what regulations can and cannot occur in regards to a governmental unit making retrospective rules and regulations regarding noise from a shooting range.

He said that folks should try to accommodate other folks’ needs. He said as an individual he respect the gun owner’s rights to shoot; however, he seriously doubts if anyone who participates out there in the activities would want to live in this neighborhood and have to listen to that noise.

In spite of this we still have to protect the owners’ and resident’s constitutional rights and the uses of their real estate. He said that this is almost impossible to do because these uses are totally incompatible and there is really no way to make them compatible.

He said that the Board as a whole feel that we have to take some action on this as there is something that is going to have to be done in regards to this matter. The Board is going to handle this under the zoning classifications and procedurally any changes to the Zoning Ordinance have to go back to our Planning Commission and then back to us with a proposal and a recommendation.

Motion made by Commissioner Kendall to send the PRRRD zoning classification back to the Zoning Commission to entertain a rezoning of this particular piece of property to an R-1 classification. Commissioner Martha McDaniel seconded the motion and motion was unanimously approved by a vote of 5-0.

XII. REPORT OF COUNTY MANAGER

County Manager Ruffin commented that there needs to be a SPLOST Workshop meeting to determine whether or not you desire to ask the voters to approve an extension of the tax for another five (5) years with the projects to be considered at a cost of approximately $120 Million and we only estimate $40 Million from sales tax proceeds. He said that he would be recommending projects that the staff feels should be included in this sales tax extension. He asked Ms. Doane to poll the Commissioners for a convenient meeting date.

County Manager Ruffin commented that the Country Rock Café issue about the New Years Eve is still hanging. He said the Board needs to look at a possible amendment to the code to permit New Years Eve celebration this year and this will be on the next agenda for discussion.

County Manager Ruffin stated that the Spalding County Health Care Trust Fund (county employee medical benefits) has completely been used for the fiscal year. He said that we continue to have some catastrophic losses in this fund. He said that we are insured for any claim over $50,000; however, reimbursements in excess claims are coming in very slowly. He said that the Board maybe approached in December or January to find additional funds to appropriate if we do not receive the $400,000 in excess claims. He said to stabilize the fund the county is more than likely looking at an increase in next year’s budget.

XIII. REPORT OF COMMISSIONERS

Commissioner Massengale had no comments.

Commissioner Johnie McDaniel had no comments.

Commissioner Martha McDaniel asked that the following statement be incorporated into the minutes.

"At our October 2^nd meeting of the Spalding County Board of Commissioners, I voted in favor of Spalding Couty sharing the cost of an U.S. Department of Agriculture soil and water conservation agent with Butts County. Subsequent to my vote, I learned that my son had applied for and accepted the position. I had no prior knowledge that he was seeking the job. Had I known that, I would have recused myself from the vote taken. Would you be so kind as to enter this statement as part of the minutes of this meeting. Thank you."

Commissioner Childres had no comments.

Commissioner Kendall had no comments.

XIV. CLOSED MEETING – n/a

XV. ADJOURNMENT

Upon motion by Commissioner Childres, seconded by Commissioner Martha McDaniel the meeting was

unanimously adjourned.

County Clerk/County Manager Chairman

:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::