The Board of Commissioners of Spalding County, Georgia, held their extraordinary session on Monday, November 20, 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 Clerk Phyllis Doane.

WHEREAS, The Korean War was fought during the year of 1950 through 1953; and

WHEREAS, The Korean War has often been referred to as the "forgotten" war and is often overlooked by historians as well as the American people; and

WHEREAS, One million, Five hundred thousand and forty American men and women served in the Korean War; and

WHEREAS, Thirty three thousand and Seven hundred Americans were killed in action, another One hundred Three thousand and three hundred were wounded and Seven thousand, One hundred and Forty are Missing in Action; and

WHEREAS, If it were not for the Armed Forces of the United States of America, South Korea would not be a free and democratic society today; and

WHEREAS, The year 2000 is the 50^th Anniversary of the beginning of the Korean War.

NOW, THEREFORE BE IT RESOLVED that the City of Griffin and the County of Spalding do hereby designate Saturday, November 11, 2000 Veterans Day as

"KOREAN WAR VETERANS DAY"

And hereby express their gratitude for their sacrifices and dedicated service to their Country and to all Mankind.

This the 11^th day of November 2000.

1. Consider approval of Financial Statements for the Four Months Ended October 31, 2000. Ms. Jinna Garrison, Finance Director, was present to answer any questions. Upon motion by Commissioner Childres, seconded by Commissioner Johnie McDaniel Financial Statements were unanimously approved by a vote of 5-0.

VI. CITIZENS COMMENTS – n/a

VII. PUBLIC COMMENT

Mr. Dave Betsill, 125 Bobolink Drive addressed the Board of Commissioners on several issues. One was the $1.5 Million recommended to be moved from road paving to finance the Swim and Dive Center. He said that he didn’t think that the county had thought of the cost of maintaining the pool each year, which will be an extra expense to the taxpayers. He said that the roads should be repaired with the allotted money and bring the pool matter back on the new SPLOST tax next year. Another issue was the new reservoir to be built in Pike County and how it was going to be funded. Another issue was junked vehicles as he is getting ready to put one in his backyard and does not want to be ticketed for it. The final issue was the fact that the recycle business on Highway 19/41 and Kalamazoo Drive was an eyesore because of junked vehicles.

VIII. MINUTES

1. Consider approval of the minutes for the Regular Meeting of November 6, 2000 and Special Called Meeting of November 13, 2000. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Johnie McDaniel minutes were unanimously approved by a vote of 5-0.

IX. CONSENT AGENDA – n/a

X. OLD BUSINESS

1. Lift from the table consider acceptance of right-of-way deed for Plantation Trail, Tyler Trace, Cody Drive, Sport Way and Miranda Lane (Cody’s Plantation Subdivision). Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres item was lifted from the table by a unanimous vote of 5-0.

2. Lift from the table consider acceptance of right-of-way deed for Deercreek Parkway and Sharon Parkway (Deer Creek Subdivision). Upon motion by Commissioner Childres, seconded by Commissioner Massengale item was lifted from the table by a unanimous vote of 5-0.

3. Lift from the table consider request from WWTP. Upon motion by Commissioner Kendall, seconded by Commissioner Childres item was lifted from the table by a unanimous vote of 5-0.

Mr. Ray Browning was present and stated that Mr. Bill Tenison could not attend the meeting tonight. He said that Mr. Tenison was requesting that Spalding County submit new application and stating that the commitment of $75,000 had been withdrawn as they feel that the grant amount of $500,000 would be sufficient to cover the cost of the improvements. There was a discussion regarding the City of Griffin’s requirement for them to accept system, it has to be built to city standards and a discussion regarding the writing of the previous CDBG grant application at a cost to the county of $1200. Mr. Browning commented that he did not think Mr. Tenison would have a problem with paying the cost. He said they feel like the grant application could be updated and the cost for the new grant writing would not cost a great deal. The new grant deadline is April 2001.

1. Consider contract for Adult Probation Services in Spalding County State Court. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the following contract was unanimously approved by a vote of 5-0.

BI INCORPORATED

COMMUNITY CORRECTIONAL SERVICES AGREEMENT

Agreement No. ____, Effective Date: _____

WHEREAS, the Court has determined that a present need exists for certain community correctional services, hereinafter referred to as the "Services", and

WHEREAS, the Court is authorized to enter into this Agreement by the laws and regulations to which the Court is subject; and

WHEREAS, the Court and BI agree that the terms and conditions of this Agreement apply to the Services purchased hereunder; and

NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows:

1. INTRODUCTION

The purpose of this Agreement is to set forth the agreement between BI and the Court concerning the Correctional Services that BI agrees to provide the Court hereunder.

2. SERVICES / TERM

2.1 Services. BI agrees to provide certain Services and BI and the Court agree that the client shall pay for the Services as described herein which shall be subject to this Agreement and separately executed by the Court and BI. All Services provided by BI hereunder shall be governed by this Agreement. Capitalized terms used in this Agreement refer to the corresponding terms defined herein. The parties agree that the Court shall have no obligation to make any payments under this contract and that BI shall look solely to its clients for payment.

2.1.A BI agrees to provide the following supervision services:

1. Monitor and collect scheduled time payments for fines, court costs and restitution.

2. Monitor conditions placed on convicted misdemeanants, as ordered by the court.

3. Provide staff to attend State Court (the "Court") to perform intake on sentenced misdemeanors.

4. Provide monthly reports to the Court. All collected fine and cost payments shall be remitted on a daily basis to the Court's designee.

5. Confer with the Court staff, the Prosecuting Attorneys/Solicitor's office and Judges on cases as appropriate.

6. Manage Client case limits, not to exceed 250 active Clients per Probation Officer for those offenders with court ordered conditions of probation.

7. Employ professional probation personnel with a four (4) year degree or equivalent experience with a two (2) year degree, minimum age of 21 years.

8. Maintain appropriate records on Clients.

9 Provide periodic detailed reports to the Court.

10 Develop and monitor community service. (Optional: actual physical supervision of completed community service work, additional charge.)

11 Develop and monitor restitution recovery program:

12. Report non-compliance by the offender to the Court.

13. Provide oversight of any offender placed on pre-trial supervision program.

14 BI shall submit a monthly written report to the Court on the amount of Court fines, costs and restitution ordered by the Court and collected by BI from the Client. The report shall include the services being provided, the total dollar amount applied to Court ordered fines, restitution and other conviction to the Court by the tenth (10th) business day of the following month.

15. BI shall tender all fines, costs and restitution ordered by the Court and collected by BI on a daily basis.

16. BI shall comply with all laws regarding confidentiality of client records.

17. BI shall not attempt to profit from any fines, restitution or court costs collected from the Clients.

18. BI shall monthly give a report to the Clerk of the State Court and to the Court's designee of all clients who have completely paid all sums ordered by the Court, in other words they are no longer required to make any payments other than their monthly probation payments, they have completely paid out their fines or restitution or whatever the Court may have ordered them to pay.

19. Notify the Court, no later than the time at which a client has served 2/3 of his probated sentence, if it does not appear that the client will pay all of the Court ordered fines and / or restitution or that the client will not complete any other term of his probation.

20. File revocation petitions and orders and coordinate scheduling for hearings.

21. Provide testimony at delinquency or revocation hearings.

22. Collect fines and fees due to the Court from probationers.

2.1 B The Court agrees to do or provide (as applicable) the following under the above referenced Agreement:

1. Refer appropriate cases to BI for community supervision.

2 Electronic house arrest program and other programs and services if and when appropriate.

2.2 Term. The term of this Agreement is for 1 (one) year and shall terminate absolutely on December 31, 2001. However, in the event that neither party gives notice of its intent not to renew this contract on or before November 1, 2001 and in any year in which this contract is renewed, then, and in such event, this Agreement, its terms and conditions, and any authorized Exhibits and Amendments shall be automatically renewed for a period of 1 (one) year, unless otherwise terminated as provided for herein.

3. PRICING

The Court agrees to permit BI to collect for the Services hereunder in accordance with the following pricing set forth in table 3.1. The pricing in table 3.1 also states whether such pricing shall he payable by the Court or collected directly from the Client (as defined below).

Table 3.1 The cost of Supervision Services being provided hereunder shall be as follows:

Amount Payable by Client: $ 30.00 monthly supervision fee

(Additional fees for additional services Exhibit A)

Table 3.2. The cost of Electronic Monitoring devices being provided shall be as follows:

Amount Payable by Client: $10/day BI Monitoring 9000

$10/dayBI Sobrietor

$15/day Combined usage of above

(All fees outlined in Exhibit A)

3.3 As to any defendant whom the Court designates as being an indigent, BI agrees that it will provide all probationary services without charge. If a client is justifiably having difficulty paying his fine as well as the probationary fees due, then in the event BI is collecting less than 100% of the fine and 100% of their $30.00 per month fee then, and in such event, the Court and BI will equally divide all payments received until the minimum amount collected per month is equal to $60.00 at which point BI will once again be entitled to their $30.00 and the Court will be paid the balance of all funds collected.

3.4 BI agrees to provide the following service without cost to either client or the Court: At the time of the execution of this Agreement, the State of Georgia Probation Department in Griffin, Georgia, is providing probationary services for the State Court of Spalding County. When this contract becomes effective on January 1, 2001, there will still be old State Court cases that are being handled by the State of Georgia. BI agrees that it will confer with the State authorities and secure the necessary files and documents from the State of Georgia to continue the supervision of those probationers who are being handled by the State of Georgia as of December 31, 2000.

BI agrees during the term of this contract that it will maintain an office within the territorial confines of Spalding County to service all State Court probationers.

4. PAYMENT

4.1 Payments from Clients. Any amounts which are to be paid directly by an end-user of any particular service or equipment hereunder (a "Client"), if so specified in the applicable Services section 2.1, shall be collected by BI directly from said Client. Such amounts may include the cost of such services or equipment described in this Agreement, as well as such additional amounts which the Court may instruct BI to collect (such as restitution, court fines and fees). As used in this Agreement, the term "Client" shall mean the person actually receiving the services or using the equipment meaning the person actually being supervised, or participation in a class or actually wearing the electronic transmitter or directly receiving or using any other BI service or equipment.

5. TAXES

BI shall be responsible for all license fees, taxes or assessments, however designated, whether levied or based on the amounts paid hereunder, this Agreement or the Services, exclusive of taxes based on the net income of BI. Any personal property taxes assessable on any equipment which is part of the Services provided hereunder after delivery to the carrier shall be borne by BI.

6. PATENT AND PROPRIETARY RIGHT INDEMNITY

BI will or will have a third party at its own or such third party's expense, defend any action brought against the Court to the extent that it is based on a claim that any party of the Services supplied by BI under this Agreement infringes a United States patent, copyright or other proprietary right. and BI will pay those costs and damages agreed upon in settlement, compromise or finally awarded against the Court in any such action. The obligation to make such defense and payments are conditioned on the following: (1) that BI shall be notified promptly in writing by the Court of such claim, (2) that BI shall have sole control of the defense of any action on such claims and all negotiations for its settlement or compromise; and (3) should the Services become, or in BI's opinion be likely to become, the subject of a claim of infringement, the Court shall permit BI or a third party, at its or such third party's option and expense, either (i) to procure for the Court the right to continue using the Services, or (ii) to replace or modify the same so that it becomes non-infringing

BI will not have any liability to the Court under the provisions of this Section for any infringement, or claim thereof, based upon the use of said Services in combination with other services not provided by BI to the Court, or the use of the Services in a manner or for a purpose other than that for which it was supplied, or the use of the Services in a modified condition if such modification was not authorized by BI.

The foregoing states the entire liability of BI with respect to infringement of any proprietary rights by the Services or any parts thereof.

7. INDEPENDENT CONTRACTOR STATUS

7.1 This contract creates the relationship of independent contractor between BI and the Court. BI agrees that it shall not be considered as the agent, employee or assign of the Court.

8. INDEMNIFICATION

8.1 General

BI will indemnify the Court from and against all liability resulting from the negligence or willful misconduct of BI, its employees and agents in the provision of Services hereunder. The Court will indemnify BI from and against all liability resulting from the negligence or willful misconduct of the Court, its employees and agents in the operation and use of the Services.

8.2 Liability

The term "liability" includes but is not limited to legal fees and expenses, penalties and interest

8.3 Remaining Effect

This indemnification provision shall remain in effect even if:

8.3.1 Client has made full payment under this Agreement, or

8.3.2 This Agreement is terminated

9. TERMINATION

9.1 Without Cause

Either party may terminate this Agreement at any time without cause upon six (6) months prior written notice to the other party.

9.2 With Cause

Either party may terminate this Agreement at any time for failure by the other party to perform or adhere to any material obligation undertaken pursuant to this Agreement after giving the other party sixty (60) days' prior written notice within which to cure such default. If such default is not cured within the sixty (60) day period the party which gave the notice may terminate the Agreement at any time thereafter upon written notice to the other party.

9.3 Bankruptcy

Either party may terminate this Agreement immediately by written notice to the other party if the other party ceases to trade or function or in the ordinary course of business becomes insolvent, or becomes subject to any assignment for the benefit of creditors, winding-up, dissolution, insolvency, bankruptcy, receivership or any similar proceeding.

9.4 Termination

The termination of this Agreement will not relieve either party of any obligation or liability accrued under this Agreement or pursuant to any order issued prior to the termination, and will not relieve either party of the continuing obligation pursuant to the Sections regarding Limitation of Liability (Section g), Proprietary Information and Trade Secrets (Section 9) and Indemnification (Section 10), which obligations will survive any termination of this Agreement.

10. FORCE MAJEURE

BI shall not be liable for any delay in performance or non-performance which is due to causes beyond BI's control, including, but not limited to, war, fire, floods, sabotage, civil unrest, strikes, embargoes or other transportation delays, acts of God, acts of third parties, acts of governmental authority or any agent or commission thereof, accident, breakdown of equipment, differences with employees or similar or dissimilar causes beyond BI's reasonable control.

11. INSURANCE

Prior to the execution of the contract, and at all times that the contract is in force, the proposer shall obtain, maintain and furnish the County with Certificates of Insurance from companies acceptable to the County and licensed to do business in the State of Georgia covering the following:

a. Statutory Worker's Compensation Insurance with employers liability as follows:

a. Bodily injury by accident - $100,000.00 each accident

b. Bodily injury by disease - $500,000.00 policy limit

c. Bodily injury by disease - $100,000.00 each employee

b. Comprehensive General Liability Insurance as follows:

a. $100,000.00 limit of liability per occurrence for bodily injury and property damage

b. $100,000.00 limit of liability for valuable papers and records

c. Auto Liability as Follows:

a. $100,000.00 limit of liability per occurrence for bodily injury and property damage

b. Comprehensive form covering all owned, non-owned and hired vehicles.

d. Property Coverage to include as follows:

a. $50,000.00 limit of liability for valuable papers and records

b. Electronic data processing with extra expense;

e. Third-party fidelity - $50,000.00 limit of liability;

f. Spalding County Board of Commissioners (and any applicable authority) should be shown as an additional insured on general liability an auto liability;

a. The cancellation provision should provide at least sixty (60) days notice of cancellation.

b. Certificate holder should read:

Spalding County Board of Commissioners

Post Office Box 1087

Griffin, Georgia 30224

a. The insurance company, excluding the worker's compensation carrier, must have an A.M. Best rating of A:6 or higher. Certain workers' compensation funds may be acceptable, but must be approved by Spalding County;

b. Insurance company must be licensed to do business with the Georgia Department of Insurance; and

c. Certificates of Insurance, and any subsequent renewals, must reference specific contract.

12. NOTICES

Any notices or communications given or required in connection with this Agreement shall be in writing and shall be deemed to have been given when sent by U.S. regular mail, postage prepaid, to the other party at the address stated herein above and directed to the attention of the person signing this Agreement, his successor, other designee or officer of the party. Notice sent by other means, including by facsimile, shall be deemed effective upon receipt The current facsimile number for BI is (303) 218-1250; the current facsimile number for the Court is ( ). A change in the address or facsimile number of either party may be made in the same manner as for giving of any other notice.

13. GENERAL

13.1 No Assignments

Without the prior written consent from BI, the Court shall not assign or transfer this Agreement.

13.2 BI agrees that during the term of this contract that it will always maintain an office within the territorial confines of Spalding County to service all State Court of Spalding County probationers.

13.3 Entire Agreement

The entire agreement between the parties with respect to the subject matter hereof is contained in this Agreement This Agreement supersedes all prior oral and written proposals and communications related to this Agreement between the parties. The Court acknowledges that it has not been induced to enter into this Agreement by any representations or statements, oral or written, not contained in this Agreement. No provision of this Agreement shall be deemed waived, amended or modified by either party unless such waiver, amendment or modification is in writing and signed by the party against whom the waiver, amendment or modification is claimed. Preprinted terms and conditions of any purchase order or other instrument issued by the Court in connection with this Agreement which are in addition to or inconsistent with the terms and conditions of this Agreement will not he binding on BI and will not apply to this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their permitted successors and assigns.

13.4 Severability

Any provision of this Agreement which is unenforceable under the laws of any jurisdiction which are applicable hereto shall be ineffective to the extent such laws apply without causing such provision to be ineffective under the laws of any other jurisdiction which may be or may become applicable and without invalidating the remaining provisions of the Agreement.

13.5 Captions

The captions set forth herein are for convenience only and shall not define or limit any of the terms hereof.

13.6 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of law provisions.

13.7 Mediation

Any and all disputes arising under or related to this Agreement which cannot be resolved through negotiations between the parties shall be submitted to non-binding mediation. In the event mediation is unsuccessful at resolving the dispute between the parties then and in such an event, the parties agree that the Superior Court of Spalding County, Georgia, will have jurisdiction and venue to decide any issue which may arise between the parties hereto out of the execution of this Agreement.

13.8 Limitation

No action, regardless of form, arising out of this Agreement may be brought by either party more than two years after the cause of action has arisen.

13.9 Access to Books and Records

Upon ten (10) business days written notice to BI, representatives of the Court and the Court shall have access, at all reasonable times, to all of BI's books, records, correspondence, instructions, receipts, vouchers and memoranda (excluding computer software) pertaining to work under this Agreement for the purpose of conducting a complete independent fiscal audit for any fiscal year or calendar year within the last two (2) years.

13.10 Access to Program Records

Upon ten (10) business days written notice to BI, BI shall make program records available for Clients subject to the Court or Court jurisdiction in connection with work performed with this Agreement.

13.11 Copies of Program Records

In the event that either BI or the Court should terminate this contract, then and in such event, upon ten (10) days written notice by the Court to BI, BI shall, at its expense, provide the Court with a copy of all of its records concerning each client serviced pursuant to this contract.

THIS AGREEMENT SHALL NOT BE EFFECTIVE UNTIL EXECUTED BY THE COURT AND ACCEPTED BY AN AUTHORIZED REPRESENTATIVE OF BI AT ITS PRINCIPAL PLACE OF BUSINESS.

Staff will attend court, complete personal history statements and initiate the collections of court and program costs. Staff will administer a probation case classification instrument. The individual files will be established and records maintained for reports of program participation as requested by the Court

COMMUNITY SUPERVISION $ 30.00 PER MONTH / INTENSIVE SUPERVISION $40.00 PER MONTH. An on going offender monitoring program which accounts for the activities of offenders, serving their sentence On probation The offender supervision is offered through intensive and regular programs, which vary in intensity and service.

Staff will coordinate activities for those offenders who are ordered to perform community service. This will include arranging for the work, follow-up of performance and records of program participation.

Staff will directly supervise community service work at a cost to the offender of $2.00 per hour.

BI / CCS will take over collection of back court fines and costs with a contractual agreement that BI / CCS will retain 50% of all monies collected, if requested by the Court.

If alter a substance abuse assessment the need for alcohol/drug counseling or treatment is indicated, the probationer can be referred to certified drug / alcohol counselors.

A comprehensive offender management system is installed. The system maintains complete financial and offender information, payment, entry, delinquent letter, warrants and other pertinent information needed for tracking offenders. The current status of an offender can be accessed at any time during the day.

The drug / alcohol screen program will be conducted by local BI / CCS officials as directed by the Court.

MRT PROGRAMS – As set forth in Exhibit B attached hereto, if ordered by the Court.

ELECTRONIC MONITORING - 9000 Series $10.00 per day / REACT 9200 Series $10.00 per day / COMBINATION of both $15.00 per day / $30.00 installation fee.

Provided through BI, the largest provider of electronic monitoring equipment in the world. The monitoring system consists of the use of an electronic transmitter attached to the ankle or wrist with a comfortable strap. The transmitter is attached in the probation office. The offender takes a monitor / dialer to his / her home and plugs it into the home phone. After connection to the phone line at home, the monitor automatically calls up the central computer and reports the offender's arrival and departure. A curfew is programmed into the computer for each day of the week to accommodate classroom time, work schedules, counseling periods or medical visits. Notice of violation of the curfew is made to each probation officer for evaluation on an immediate basis. This notice is provided by phone / beeper or fax message. The computer provides all status reports and caseload management reports for accurate, reliable and continuous monitoring of each offender's departures and returns. BI provides all monitors, transmitters, supplies, forms, straps, etc., and assists with an inventory of equipment to accommodate immediate hookup and monitoring services.

* Maximum of 15 people in group

* Groups subject to availability

2. Consider Federal FY 2001 CSBG Contract with Spalding County Department of Family and Children Services. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres contract was unanimously approved by a vote of 5-0.

3. Consider Federal FY 2001 CSBG Contract with Council on Aging for McIntosh Trail, Inc. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres contract was unanimously approved by a vote of 5-0.

4. Consider Federal FY 2001 CSBG Contract with Ms. Mildred Cloud for CSBG Home Delivered Meals Program. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres contract was unanimously approved by a vote of 5-0.

5. Consider Federal FY 2001 CSBG Contract with Ms. Debra Brown for CSBG Home Delivered Meals Program. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres contract was unanimously approved by a vote of 5-0.

6. Consider payment of expenses for McIntosh Trail Regional Public Transportation trips for September and October 2000. Upon motion by Commissioner Childres, seconded by Commissioner Johnie McDanie the costt for trips in the amount of $4,509.60 was unanimously approved by a vote of 5-0.

7. Consideration of the final plat of Autumn Ridge Subdivision Phase One, Brent Scarbrough, Owner, 23.89 acres, 33 lots, zoned R-4. Upon motion by Commissioner Johnie McDaniel, seconded by Commissioner Martha McDaniel final plat was unanimously approved by a vote of 5-0.

8. Consider approval of position description and pay grade assignment for Planner position. This is at Pay Grade 23 with a salary range of $30,171 - $44,788. Motion made by Commissioner Kendall to approve for discussion purposes. Commissioner Martha McDaniel seconded the motion.

This position is to handle the CSBG and CDBG Programs that is previously being done by McIntosh Trail and also the third party operator contract for the Public Transportation Program. Community Development Director Michael Sabine was present to discuss this position with the Board of Commissioners. He said that this is a staff position and is approximately thirteen (13) grades lower than the County Planner position in the past. This position in addition to administering the grants will allow the county to have the staff in place in peak situations to address the zoning ordinance and make sure the citizens queries are being answered in a timely fashion and correctly.

Commissioner Kendall withdrew his motion to approve position as well as Commissioner Martha McDaniel her second.

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the Planner position was approved by a vote of 4-1 with Commissioner Kendall voting against the motion.

9. Consider at first reading an ordinance amending the FY 2001 Budget Ordinance to provide for a planner in the Community Development Department. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres first reading of Budget Ordinance was approved by a vote of 4-1 with Commissioner Kendall voting against the motion. The Ordinance will be incorporated into the minutes on second and final reading.

10. Consider items to be declared surplus and authorize sealed bids. Upon motion by Commissioner Childres, seconded by Commissioner Johnie McDaniel the following vehicles were declared surplus and authorized by sealed bids by a unanimous vote of 5-0.

(1) 1979 7’ x 10’ Single Axle Trailer; (2) 1976 Chevrolet Flat Bed; (3) 1981 GMC Single Axle Box Dump; (4) 1980 Chevrolet Diesel w/Atlas Fire Department Pump Body; (5) 1981 International School Bus (Diesel); (6) 1983 International School Bus (Diesel); (7) 1983 International School Bus (Diesel) and (8) 1981 Chevrolet Mini Van.

11. Consider bids for pharmacy services for the Spalding County Detention Center and authorize Chairman to execute a three-year contract for services. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres low bid of Wynn’s Pharmacy was unanimously approved by a vote of 5-0. The Contract is as follows:

In consideration for the mutual benefits flowing to the parties hereto, the receipt and sufficiency of which is hereby acknowledged by all parties, the parties agree to enter into a contract for the provision and receipt of pharmacy services.

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This contract shall become effective on January 1, 2001 and shall terminate at midnight on December 31, 2001. If neither party serves notice to the other of its intent to terminate this contract prior to November 1, 2001, then, the contract will then automatically renew at midnight on January 1, 2002 terminating on December 31, 2002. If neither party serves notice to the other of its intent to terminate this contract prior to November 1, 2002, then it will renew for one final year at midnight on January 1, 2002 terminating absolutely on December 31, 2002. The contract may be terminated at any time under the provision set out herein.

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(a) The contractor agrees that they shall provide all prescription drugs and over-the-counter medicine for the term of this contract. The contractor shall charge the average wholesale price (AWP) minus 10% plus $3.00 per prescription for brand name drugs and the average wholesale price (AWP) minus 20% plus $2.00 per prescription for generic drugs purchased by the County for inmates.

(b) The contractor shall charge normal retail price less 10% for any over-the-counter items purchased by the County.

(c) The contractor agrees that he will deliver drugs on a daily basis to the Spalding

County Jail and further agrees that he shall provide emergency "on-call" delivery service to the County as needed. The contractor agrees to provide prescription medicine in the "punch card" unit dose delivery system at no additional cost to the County.

(d) The contractor agrees to provide 24 hour consulting services to the County Physician and / or County Nurse at no additional charge to the County.

(e) The contractor agrees to perform monthly inspections to insure that there is proper accounting for all pharmaceuticals and to assist as necessary in any record keeping which may be required to adequately monitor pharmaceuticals on site at the County Jail. There shall be no additional charge for this service.

(f) The Contractor will label and prepare all medications to meet state and federal labeling requirements.

(g) The Contractor shall designate a contact person who shall be available 24 hours a day to receive emergency calls.

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The Contractor agrees that they will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of this contract.

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If during the term of this contract, the County is required to comply with new requirements in state or federal regulations or organizational changes, then the County has a right to renegotiate this contract with the Contractor if the level of services rendered by the Contractor is affected. The parties agree that they will bargain in good faith in an attempt to adjust to any new requirements. No changes, modifications, amendments or alteration of this contract will be valid unless they are in writing and signed by both parties.

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This contract may be canceled by either party with or without cause upon thirty (30) days written notice to the other of the intent to terminate.

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Contractor shall prepare an invoice monthly which shall be mailed to the Spalding County Sheriff's Department, 401 Justice Boulevard, P.O. Box 1349, Griffin, Georgia 30224. The Sheriff's Department shall review the invoice and, upon approval of the invoice, will forward same to the Spalding County Commissioners for payment.

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The contact persons for this contract are:

For Spalding County:

Sheriff

Spalding County Sheriff's Department

Telephone Number: (770) 467-4282

County Manager

Spalding County Commissioner's Office

Telephone Number (770) 467-4233

For the Contractor:

Charles Wynn, R.Ph.

Wynn's Pharmacy

566 South 8th Street

Griffin, Georgia 30224

Telephone Number (770) 227-9432

Drew Miller, R.Ph.

Wynn's Pharmacy

566 South 8th Street

Griffin, GA 30224

Telephone Number (770) 227-9432

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The Contractor shall comply with all laws, ordinances, rules and regulations of any state or federal government or agency.

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This contract shall be interpreted and enforced under the laws of the State of Georgia.

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All parties to this contract agree that it does not nor will it violate any provision of O.C.G.A. § 45-10-20, et seq.

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The Contractor agrees that it shall indemnify and hold the County harmless against the claims of any and all persons for any cause of action that may arise out of the performance of this contract.

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This contract contains the entire agreement of the parties. No additional terms or agreements shall be binding on the parties hereto unless same are reduced to writing and executed by all parties hereto.

COUNTY OF SPALDING WYNN’S PHARMACY, INC.

By: (L.S.) M. Michael Kendall, Chairman By: (L.S.) Charles Wynn, R.Ph.

Spalding County Board of Commissioners

Attest: (L.S.) Phyllis P. Doane, Clerk

12. Consider authorizing Chairman to execute Quitclaim Deed for Hardy Lane. County Attorney Fortune stated that folks are giving us property worth at least $17,000 in exchange for right of way valued at $500. He said that we have to comply with the law to advertise this for four (4) weeks in the local newspaper not more than six (6) weeks before we close.

Upon motion by Commissioner Childres, seconded by Commissioner Johnie McDaniel the Chairman is authorized to execute the Quitclaim Deeds after we comply with the law and motion was unanimously approved by a vote of 5-0.

13. Consider appointment of Clerk of Board of Commissioners and ex-officio clerk of Board of Commissioners. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres, Phyllis P. Doane was appointed as Clerk of Board of Commissioners and William P. Wilson, Jr. as Ex-Officio Clerk.

14. Consider approval of Resolution Approving Transfer of Cable Franchise. Chairman Kendall stated that this item has been requested to be withdrawn by Insight Communications. No action was taken.

15. Consider approval of leases for Fairmont Park, Volunteer Park, City Park Gym, Beck Field (City Park) and Watkins Field (City Park). There was a discussion on this item. County Attorney Fortune has drawn up a Lease and the City of Griffin has drawn up a lease. The difference is the length of the leases and in particular the lease on Volunteer Park. Mr. Fortune’s lease grants us a twenty-five year lease on each piece of property but Volunteer Park is subject to termination if, in fact, the City of Griffin is need of utilizing this property for the water works infrastructure. The leases drew up by the City grants us a ten-year lease on each piece of property with lease on Volunteer Park being subject to termination on any portion or portions thereof with a twelve months in advance notice.

16. Consider approval of Agreement to provide Investment Banking Services. County Manager Ruffin stated that if the 2002 SPLOST is approved, the County is considering the issuance of General Obligation Bonds in the approximate amount of $30,000. These bonds will finance certain capital improvements.

Motion was made by Commissioner Martha McDaniel and seconded by Commissioner Childres for approval of the following Agreement.

Chairman Kendall asked County Manager Ruffin to explain why this is not going out for bid as this is in an excess amount of $10,000. Mr. Ruffin commented that a key importance with the next SPLOST is going to be the bond rating interviews to see if the county can get a better bond rating that we almost got the last time and that is where Todd Barnes’ expertise will play a very vital role. He was involved in those discussions in 1996 and is intimately familiar with what the bond rating bureaus are looking at and can best put together the story that needs to be taken to them to gain their support for improved bond rating. The County has a very good chance of getting an AA bond rating because of the growth in our community, especially in industrial growth. The Board agreed that Mr. Barnes did an excellent job in 1996.

It is our understanding that the Spalding County Board of Commissioners (the "Board") is considering the issuance of General Obligation Bonds (the "Bonds") in the approximate amount of $30,000,000, subject to a referendum to be held on March 20, 2001 in conjunction with the extension of the current SPLOST. The Bonds will finance certain capital improvements as well as possibly refinancing a prior installment sale agreement. It is the intention of A.G. Edwards & Sons, Inc. (the "Investment Banking Firm") to provide the investment banking services necessary to enable the Board to achieve its objectives in the most cost-effective manner possible. The services to be provided will include, at a minimum, the following:

(1) Assist the Board, its staff and its legal counsel in the development of a financing plan to accomplish its specific objectives. Details of the plan will address (i) the amount and timing of the proposed bond issue and referendum, (ii) the general structure and security features of the issue, and (ii) the estimated debt service costs and other fiscal impacts associated with the issue. The plan would be designed to accomplish the following general objectives:

(a) Coordinate the amount and timing of the proposed bond issue with the funding requirements of the Board's capital program, while capitalizing, if possible, on favorable interest rate trends and all tax law related advantages;

(b) Minimize, in the structuring of the bond issue, such adverse fiscal impacts as tax rate increases, and maximize the Board's flexibility in terms of maturity schedules, redemption provisions, and other bond covenants;

(c) Assure compliance with all applicable state and federal laws in the structuring of the bond issue, in the sale of bonds to investors, and in the use of bond proceeds;

(d) Provide adequate protection to potential bondholders in the development of bond security features, and maximize investor interest in the Board's bond issue;

(e) Obtain investment grade credit ratings from Moody's and/or Standard & Poor's;

(f) Minimize interest costs and issuance costs on the Board's bond issue;

(g) Maximize the return on the investment of bond proceeds, consistent with all applicable laws and regulations.

(2) Develop and maintain a detailed schedule of financing activities so as to ensure the orderly and efficient execution of the financing.

(3) Advise the Board on the selection of qualified financial institutions to serve as bond registrar, paying agent, and/or depository on the issue, as needed.

(4) Assist the Board’s bond counsel and local counsel in the preparation of all notices, resolutions and other legal documents in connection with the issuance of the Bonds.

(5) Assist underwriter’s counsel with the preparation of the preliminary and final Official Statement used in marketing the issue to prospective investors. Such materials would describe the debt issue in detail and properly disclose all relevant information about the Board, the county, and the proposed projects in compliance with disclosure guidelines promulgated by the Municipal Securities Rulemaking Board, the Securities and Exchange Commission, and the Government Finance Officers Association.

(6) Apply on behalf of the Board for credit ratings from Moody's Investors Service and/or Standard & Poor's Corporation and provide all information required for agency review of said applications. Arrange for ratings presentations before both agencies, when appropriate, and coordinate the preparation of said presentations and supporting materials.

(7) Advise the Board as to the benefit of acquiring a bond insurance policy for the bond issue as a way of improving the issue's ratings and lowering the Board's net borrowing costs.

(8) Advise the Board on the proper timing of the bond sale and assist it in handling such sale. Such assistance will include the pre-marketing of the issue to potential investors through the Investment Banking Firm’s extensive retail and institutional sales force, the compiling or results of pricings of similar issues for comparison purposes, the pricing and official offering of the bonds to investors, and the submission for Board approval of an offer to purchase the bonds at mutually agreed upon terms, interest rates and prices.

(9) Assist the Board, its counsel, and bond counsel in court validation and any other necessary legal proceedings attending the issuance and delivery of its obligations, to include testimony as expert witness if necessary.

(10) Supervise the printing, authentication, assignment of CUSIP numbers and determination of DTC eligibility for the Bonds.

(11) Assist the Board at bond closing, advise the Board on the best, most cost-effective investment plan for bond proceeds (consistent with all applicable state and federal laws and regulations), and arrange for the purchase of such investments for the Board, if desired. Advise the Board on appropriate procedures for accounting for arbitrage profits and for rebating such profits to the U.S. Treasury if and to the extent required by federal law.

(12) Provide ongoing advice and assistance regarding credit market conditions, relations with the investment community and rating agencies, innovative financing techniques, federal and state legislative agendas, investment of Board funds, and other relevant topics -- all in an effort to assure the Board favorable access to the credit markets on a continuing basis.

Fee Arrangement

As the Board's investment banker, A.G. Edwards & Sons, Inc. would provide the foregoing services, as needed, for the following professional fees:

(i) Underwriting Fee. For the negotiated public offering of the Bonds, the Investment Banking Firm would receive an underwriting fee not to exceed $4.00 per $1,000 in par amount of bonds issued. The underwriting fee would be contingent upon the successful sale and closing of the proposed bond issue.

(ii) Expense Reimbursement. A.G. Edwards & Sons, Inc. will seek to be reimbursed for customary out-of-pocket expenses such as travel to and from meetings, postage and delivery charges, copying charges, and other miscellaneous expenses.

The Investment Banking Firm represent that the persons primarily responsible for the services to be rendered hereunder are Todd Barnes, Dianne McNabb, Greg Wright and Gavin Palatt, all of whom are located in Atlanta, Georgia, and that the investment banking services called for by this Agreement shall be performed in accordance with the highest professional standard of ethics.

If the Investment Banking Firm should fail to fulfill their obligations under this Agreement in a timely and professional manner, or if they should breach any of the agreements set forth herein, the Board shall have the right to terminate this Agreement by giving fifteen (15) days prior written notice of such termination and specifying the effective date thereof. In that event, the Board would not be obligated for payment of services to the Investment Banking Firm and all finished documents, data, reports and other papers prepared by the Investment Banking Firm shall, at the option of the Board, become the Board’s property. In addition to its right to terminate this Agreement for cause, the Board shall have the right to terminate this agreement without cause at any time upon the giving of thirty (30) days prior written notice to the Investment Banking Firm. The right to terminate without cause shall be mutual to the Investment Banking Firm and effectuated by the giving of thirty (30) days prior written notice to the Board.

Respectfully submitted,

A.G. EDWARDS & SONS, INC.

By: (L.S.) Todd L. Barnes

Managing Director, Investment Banking

SPALDING COUNTY BOARD OF COMMISSIONERS

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

Attest: (L.S.) Phyllis P. Done, Clerk

17. Commissioner Martha McDaniel desires to discuss Crestview Drainage Improvements. Commissioner Martha McDaniel commented that the City of Griffin had written us a letter and denied the request to fund one-half of the cost of the replacement of the Poplar Street drainage and said she needed some clarification. She said it was her understanding that the County would commit $100,000 to Rosewood (Crestview Heights Drainage Project) drainage problem to the City of Griffin because our water impacted the City of Griffin’s drainage problem there. She said the study showed that on Poplar Street the City of Griffin’s drainage caused this problem or at least the majority of it. She thought that an agreement had been reached that the cost of the two (2) projects would be shared. The County has shared in the cost of the design study of the Rosewood project. The Poplar Street drainage project will cost $300,000. Both projects were identified as SPLOST projects.

County Manager Ruffin stated that the County does not have any bond funds remaining to fund our share of either of these projects. The City has enough money ($190,000) left to do their share of the Rosewood project ($187,000).

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 Clerk Phyllis Doane.

1. The County Manager requests a Closed Meeting to discuss a personnel matter.

2. The County Attorney requests a Closed Meeting to discuss pending litigation.

STATE OF GEORGIA

COUNTY OF SPALDING

AFFIDAVIT OF CHAIRMAN

M. Michael Kendall, Chairman, of the Spalding County Board of Commissioners, being duly sworn, states under oath that the following is true and accurate to the best of his knowledge and belief:

1.

The Spalding County Board of Commissioners met in a duly advertised meeting on November 20, 2000.

2.

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

3.

The executive session was called to order at 8:00 p.m.

4.

The subject matter of the closed portion of the meeting was devoted to the following matter(s) within the exceptions provided in the open meetings law:

Yes Consultation with the county attorney or other legal counsel to discuss pending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions brought or to be brought by or against the county or any officer or employee or in which the county or any officer or employee may be directly involved as provided in O.C.G.A. § 50-14-2(1);

No Discussion of tax matters made confidential by state law as provided by O.C.G.A. § 50-14-2(2) and

(insert the citation to the legal authority making the tax matter confidential)__________;

No Discussion of the future acquisition of real estate as provided by O.C.G.A. § 50-14-3(4);

Yes Discussion or deliberation on the appointment, employment, compensation, hiring, disciplinary action or dismissal, or periodic evaluation or rating of a county officer or employee as provided in O.C.G.A. § 50-14-3(6);

No Other (describe the exemption to the open meetings law): ______________________________________ ____________________________ as provided in (insert the citation to the legal authority

exempting the topic)_____________________.

This the 20th day of November 2000.

 

Chairman

Spalding County Board of Commissioners

Sworn to and subscribed

Before me this 20th day of

November 2000.

Notary Public

My commission expires: March 18, 2002

County Clerk Chairman