EXTRAORDINARY SESSION

The Board of Commissioners of Spalding County, Georgia, held their extraordinary session on Monday, July 17, 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, Merrill Massengale, Johnie McDaniel and Michael Kendall present. Commissioner Martha McDaniel was absent due to attendance of the NACO Convention. Also present were County Manager Mike Ruffin, County Attorney Jim Fortune and Executive Secretary Phyllis Doane. Deputy County Manager Wilson was absent.

Agenda Topics

I. OPENING (CALL TO ORDER) – Chairman Kendall

II. INVOCATION – Rev. Danny Stewart

III. PLEDGE TO FLAG – Led by Chairman Kendall

IV. PRESENTATIONS/PROCLAMATIONS/RECOGNITION – n/a

V. CITIZENS COMMENTS – n/a

VI. PUBLIC COMMENT

Mr. William White, Director of City of Griffin Water & Wastewater Dept. and Mayor Carlton Imes presented an update on the water system in Spalding County and to explain the situation. Mr. White gave his address as 26 Hillcrest Circle for the record. Mr. White said that the reservoir had dropped 30 inches. He said that if we had to depend solely on the reservoir our water would be depleted by the mid part or latter part of August. He said with the drought conditions we would be unable to use the river until we get rain. He said that we are presently getting water from Clayton County Water Department averaging 300,000 gallons per day to serve the northwest quadrant. Another alternative is drilling wells and utilize them. He said they were in the process of drilling three (3) wells and the water can be treated on site and will be overseen by the EPD. He said the worse thing for the system is that people are still violating the total water ban. He said they have looked into making a connection with Henry County and hopefully can start construction next week to make that connection. This will be on an as-needed drastic measure, which would be when we are on a rationing of water. He had asked for a cut back on hours on two (2) car washes and has sent out a letter to all industries asking for a response of the manner and volume of their reduction in usage of water at this time. He said new releases would be put out as needed.

Mayor Imes commented that the connection to these other counties is supplemental but they are not willing to let us have a large volume of water. He said that we are consuming 8,000,000 gallons of water a day. He said getting a half million from one county and a half million from another county, we are still 7,000,000 gallons short. He said the bond money they have borrowed to build the reservoir in Pike County will have to be used for these connections and that money will have to be made up. He said the most reasonable answer to the problem is extreme conservation by all concerned. The building of the reservoir in Pike County is on hold at the present time. He said that they should be two years into a three-year program but they aren’t and it is frustrating. Mr. Imes addressed the question of why we continue sending water to City of Zebulon and City of Williamson when we don’t have enough for Spalding County. He said that the two together only use 6,000,000 gallons per month or an average of 200,000 to 250,000 gallons per day. He said that the City of Zebulon had reopened their two wells as of today. He and Mr. White stated that the county could help by assisting in the laying of water lines for connection to other county systems.

Mr. Sid Jeanette, 1980 Kilgore Road, stated that he wrote a letter on June 22, 2000 to the chairman addressing the operation of Cherokee Rose and copy to each commissioner and his concern of it being a nuisance. He was asked to give his constructive thoughts if he had any and he handed these to the Board.

He said that original code for the PRRRD District was established in 1989 and amended in 1994 and at that time the standards were “watered down” and he wanted to know why the code was changed. He said that Cherokee Rose has not been approved in the code the way it is set up to be approved. He said there never was a pre-development plan approved and in his opinion it does not exist legally. He asked the Board to look at what he has written and see if they can come up with an answer to his questions that people have concern with. He said the noise problem is decreasing property values and that all of us are going to the Board of Equalization and asks for a tax decrease.

Ms. Betty Gebhardt, 79 Richardson Road, complained about half of her driveway being blocked with three lines of cars. She had called the law several times to have the parking eliminated. She said on July 4^th they had both sides of the road blocked. She said there have been 45 complaints made on Richardson Road. Sheriff Cantrell said that they could park on the right side of the road and leave the other side open.

County Manager Ruffin was authorized to write a letter to the Sheriff to direct Captain Beam to assess the situation and ask for a reply by the August 7, 2000 meeting for a resolution to the problem.

Mr. Milton Cline, 1051 Baptist Camp Road spoke on Cherokee Rose. He said that he has been struck three (3) times by shots. He handed out documentation from a Sheriff’s report stating that it did happen. He said they did not have the proper size area for the facility and recommended that the county buy it for green space that state will provide money for. He said he was about to the point that he was going to call the EPA and have an environmental study done on it. He said it is just very annoying. He said they were criminal trespassing on his property and his personal rights were being violated. Commissioner Kendall recommended that he file a suit for personal rights. He said that he did not understand why the people were so reluctant to go and talk to some lawyers.

Mr. George Corley, 934 Baptist Camp Road, also spoke on Cherokee Rose. He said that there were twelve (12) children across the road from this facility and he was worried about them wandering over there and getting hurt. He said there were no fences and no signs up. He stated he wanted Cherokee Rose shut down. Mr. Kendall stated that the county could require them to put up some barriers out there to keep children out but that was not going to solve the big problem.

Mr. John William Kelley, 2500 West Ellis Road, requested that the Board not vote to permanently close West Poplar Street. He asked them to replace the culvert. He said that the county really does need that road.

Mr. Darrell Lee Boaz, 1596 Rehoboth Church Road, complained about receiving a citation for violation of the Sign Ordinance. He said that he was right now eight (8) days in violation of the Sign Ordinance and he was going to sue. He said that he has been violated of his constitutional rights for the past fourteen (14) years. He said that he was videotaping the meeting so he will evidence when he files a lawsuit. He said you have got one county and four cities and each one has different things and there is no equal protection of law under these sign ordinances. He said constitutionally the Sign Ordinance is null and void. He said his sign (a 4 x 6 banner) is on private property and the county had no right to charge him. He said he would be bringing lawsuits.

Mr. James Kay, 116 Kay Road, stated that some of the people on this Board have stole from him. He said that the county had accused him of being a terrorist and had trespassed on his property. He said that he had never had a felony charge brought against him. He talked about favoritism to the “good ole boys”.

Mr. Dwight Bollin, 45 East Lake Circle, spoke on the Spalding County Emergency & Rescue Ordinance, Section 3-3004. He said the County must be in a “state of emergency” regarding the Sign Ordinance. He said what going on right now with the sign thing is the Bill of Rights is just “spit on”. He said that he had had a few of his signs seized. He said that every one of his signs has a message and stated he protested the Sign Ordinance.

Ms. Gail Dean, 1250 Teamon Road, spoke on the issue of Cherokee Rose. She said while they were picketing quietly across the road, they were being hit by shot. She said that this is shooting across the county road, which is illegal. She said that they were getting shot on their own property line and also trespassing on their property. She said that they have not filed a civil lawsuit hoping that the county would require them to meet the County Code, but they have not dismissed filing a suit.

Mr. Tom Dean, 1250 Teamon Road, spoke on the issue of Cherokee Rose. He said that he attended the July 11, 2000 Planning & Zoning meeting and it was brought out that in 1997 they had made a recommendation to the Board of Commissioners to remove the PRRRD zoning district and the Board of Commissioners tabled the item and the item was still on the table and that is where the Planning Commission still stood. He said that Cherokee Rose had not complied with one single thing in the Zoning Ordinance that was adopted in 1994 as he has read all the laws on zoning while being incapacitated. He said that people can do anything in this county and get away with it and that is what they are faced with. He said that they had even constructed a firebreak through the back of his property and have criminally trespassed on his property and he was going to do something about this. Mr. Kendall told Mr. Dean that one way or another the county was going to get this situation resolved.

Commissioner Massengale asked Chairman Kendall to call for a short recess, which he did.

Chairman Kendall called the meeting back to order.

Mr. Greg Pruitt, 55 Partridge Path, spoke on UD0-A-00-11, 00-12 & 00-13 regarding building and subdivision fees being increased. County Manager Ruffin explained to him that HB 489 prohibits tax property dollars being spent for a service that is being offered only in unincorporated areas of the county. When the City and County adopted the 489 Delivery Strategy, they agreed that Planning & Zoning and Inspection Services should be self-supporting and the County elected to increase their fees over a two (2) year period rather than all at one time. The County increased the fees 50% last year and is now increasing the other 50% to cover the cost of service.

VII. MINUTES

1. Consider approval of the minutes for the June 19, 2000 Extraordinary Session, Public Hearing of June 22, 2000 and Special Called Meeting of June 30, 2000. Upon motion by Commissioner Childres, seconded by Commissioner Johnie McDaniel, the minutes were unanimously approved by a vote of 4-0.

CONSENT AGENDA

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

· Rezoning Application #00-20Z: Silas J. and Nancy M. Stephens, Owners, Michael Stephens, Agent, 120 LaPrade Road, 1.147 acres, R-1 to R-2.

Upon motion by Commissioner Childres, seconded by Commissioner Johnie McDaniel Application was unanimously approved by a vote of 4-0.

IN RE:

APPLICATION OF MICHAEL STEPHENS, SILAS J. STEPHENS,

AND NANCY M. STEPHENS

FOR REZONING CERTAIN PROPERTY

LOCATED WITHIN SPALDING COUNTY,

GEORGIA;

REZONING APPLICATION 00-20Z

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 “R-1, Single Family Residential;”

WHEREAS, Michael Stephens, Silas J. Stephens, and Nancy M. Stephens, applicants, applied for a change in zoning classification to be applied to the within described property to “R-2, Single Family Residential;”

WHEREAS, such application was filed with Spalding County, Georgia on April 5, 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 June 22, 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 lot, tract or parcel of land situate, lying and being in Landlot 100 of the 3^rd Land District originally Henry, now Spalding County, Georgia being designated as Lot 20 of Block “D” in Hilan Subdivision containing 1.147 acres and may be more particularly described as follows:

TO FIND THE TRUE POINT OF BEGINNING commence at the intersection of the east boundary line of Landlot 100 and the south right-of-way of LaPrade Road thence running in a westerly direction along said right-of-way a distance of 400.00’ to a ½” re-bar; thence South 12°17’56” East a distance of 512.20’ to a 1” pipe; thence North 89°36’57” West a distance of 100.00’ to a ½” re-bar; thence North 12°20’05” West a distance of 510.70’ to a ½” re-bar located on the south right-of-way of LaPrade Road; thence continuing along said right-of-way North 89°30’31” East a distance of 100.00’ to a ½” re-bar and POINT OF BEGINNING.

From “R-1, Single Family Residential” to “R-2, Single Family Residential ” 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 July 17, 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 Lot 100 of the 3^rd Land District of originally Henry, now Spalding County, Georgia, consisting of approximately 1.147 acres, zoned R-2.

(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.

OLD BUSINESS

1. Consider approval at second reading of Amendment to the Code of Spalding County adding Part 3, Chapter 4, Regulation of Manufactured Homes. Upon motion by Commissioner Massengale, seconded by Commissioner Childres the following Amendment to the Code was unanimously approved by a vote of 4-0.

RESOLUTION AMENDING

THE CODE OF ORDINANCES 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 amendments to be made to the Code of Ordinances of Spalding County;

WHEREAS, the Board of Commissioners of Spalding County, Georgia considered the proposed amendments, 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 Code of Ordinances 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 Code of Ordinances of Spalding County, Georgia shall be and is hereby amended as follows:

Section 1: The following provisions shall be added to the Code of Ordinances of Spalding County, to appear as Part 3, Chapter 4, to be entitled: "Chapter 4. Regulation of Manufactured Homes" as Sections 3-4000, et. seq., as follows:

CHAPTER 4

REGULATION OF MANUFACTURED HOMES

Section 3-4000. Purpose of the Ordinance.

The purpose of this enactment is to provide protection to residents of Spalding County against potential hazards to the health, safety and welfare of occupants of manufactured housing placed on real property located within the geographical boundaries of Spalding County in accordance with State and federal standards, and to regulate the installation of manufactured housing so as to provide protection to the occupants thereof and to ensure compliance with State and federal standards.

Section 3-4001. Definitions.

a. "Act" or "the Act" means the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. ' 5401, et. seq., as amended and any and all rules and regulations promulgated thereunder.

b. "Compliance Officer" means

c. "HUD" means the United States Department of Housing and Urban Development.

d. "Installation" means the construction of a foundation system and the placement or erection of a manufactured home on the foundation system, including (but not limited to) supporting, blocking, leveling, securing or anchoring such home and connecting multiple or expandable sections of such home. For purposes of this Ordinance, the terms "installation" and "set up" are interchangeable.

e. "Installer" means a person responsible for performing an installation of a manufactured home and who is required to obtain a license pursuant to O.C.G.A. ' 8-2-164. In addition thereto, Ainstaller@ shall also mean and include any ARegistered Installer@ or ALicensed Installer@ as defined in the Rules and Regulations of the Office of Commissioner of Insurance and Safety Fire Division, ' 120-3-7-.03(6).

f. "Manufactured Housing Act" means the "Uniform Standards Code for Manufactured Homes Act," codified at O.C.G.A. ' 8-2-130, et. seq., and any rules and regulations promulgated thereunder.

g. "Safety Fire Division" means the authorized inspection and enforcement authority of the Georgia Safety Fire Commissioner.

h. "Secretary" means the Secretary of the U.S. Department of Housing and Urban Development.

i. "Set up" (See: installation)

j. "Standards" means the Federal Manufactured Home Construction and Safety Standards as promulgated under Section 604 of the Act, 42 U.S.C. ' 5403, as Part of the Federal Regulations.

k. "State Administrative Agency" means an agency of the state which has been approved by HUD to carry out the state plan for enforcement of the standards pursuant to Section 632 of the Act (42 U.S.C. ' 5422. The Manufactured Housing Division of the Safety Fire Division is the State Administrative Agency for Georgia.

Section 3-4002. Construction Standards.

Each manufactured home to be located in Spalding County shall conform to the requirements of the Act and the rules and regulations promulgated thereunder by the Secretary as the construction standards for manufactured homes, contained at 24 C.F.R. ' 3280, as amended and the rules and regulations of the Georgia Office of Insurance and Safety Fire Commissioner, at Georgia Rules and Regulations, Section 120-3-7-.05 and Section 120-3-7-.06, as amended.

Section 3-4003. Dealer License Required.

Each dealer/retailer who sells or offers for sale to consumers three (3)or more new or previously owned manufactured homes in a twelve (12) month period in Spalding County shall have a license as required by the rules and regulations of the Georgia Office of Insurance and Safety Fire Commissioner, at Georgia Rules and Regulation, Section 120-3-7-.08(2), as amended.

Section 3-4004. Installer License Required.

Every installer who installs new or previously owned manufactured homes in Spalding County shall have a license an installer as required by the rules and regulations of the Georgia Office of Insurance and Safety Fire Commissioner, at Georgia Rules and Regulations, Section 120-3-7-.08, as amended.

Section 3-4005. Installation Requirements.

Each installation of a manufactured home in Spalding County shall comply with the Installation Requirements set forth by the rules and regulations of the Georgia Office of Insurance and Safety Fire Commissioner, at Georgia Rules and Regulations, Section 120-3-7-.14, including but not limited to Appendix A to Section 120-3-7-.14.

Section 3-4006. Report of Manufactured Home Installations.

Each manufactured home installer shall report any and all installations performed in Spalding County each month, no later than the 10th day of each month. Any report which complies with the requirements of the rules and regulations of the Georgia Office of Insurance and Safety Fire Commissioner, at Georgia Rule and Regulations, Section 120-3-7-.15 shall be deemed to comply with this requirement. Any report required herein shall be directed and provided to the Spalding County Zoning Administrator.

Section 3-4007. Inspections.

An inspection of any manufactured home installation in Spalding County shall be conducted by the Spalding County Building Official to ensure compliance with the requirements of O.C.G.A. ' 8-2-160, et. seq., the Rules and Regulations of the State of Georgia and the provision of the Spalding County code. No certificate of occupancy shall be issued for any manufactured home within Spalding County until the inspection required by this section has been completed and the manufactured home is determined to be in compliance with any applicable provision of any and all laws, rules and/or regulations. In addition, no certificate of occupancy shall be issued for any manufactured home within Spalding County until the Tax Commissioner of Spalding County has confirmed that any and all taxes applicable to such manufactured home are paid and current.

Section 3-4008. Issuance of Permits and Decals; Display of Decals.

a. Upon completion of inspection in Section 3-4007, the owner of any manufactured home in Spalding County shall apply for and obtain, upon payment of any and all taxes due, from the Spalding County Tax Commissioner a manufactured home location permit. Such permit shall be evidenced by a decal to be affixed to the exterior of the manufactured home.

b. Each and every owner of a manufactured home located in Spalding County shall be subject to ad valorem taxation as set forth in the Rules and Regulations of the Georgia Department of Revenue at Georgia Rules and Regulations Section 560-11-9-.04. Each and every owner of a manufactured home located in Spalding County shall, on or before May 1 of each calendar year, pay any and all taxes due to the Spalding County Tax Commissioner on such manufactured home and obtain a mobile home location permit or decal for that calendar year.

c. The Spalding County Tax Commissioner shall not issue a manufactured home location permit or decal until all outstanding taxes due on the manufactured home, including delinquent taxes, interest and penalties are paid.

d. The Spalding County Tax Commissioner shall give to each and every manufactured home owner in Spalding County a decal as evidence of the payment of all outstanding taxes and the issuance of a manufactured home location permit. Such decal shall be in the color and form prescribed each year by the Georgia Commissioner of Revenue and shall reflect issuance by Spalding County and the calendar year for which the permit is issued. The manufactured home decal shall be affixed to the manufactured home on the [identify standard point of location].

e. Any person acquiring a manufactured home after January 1 of each calendar year shall obtain from the Spalding County Tax Commissioner a manufactured home location permit by May 1 of that calendar year or within forty-five (45) days of acquisition, whichever occurs later, upon satisfactory evidence that all outstanding taxes due on the mobile home, including delinquent taxes, interest and penalties, if any, have been paid.

f. The provisions of this section apply to each and every owner of a manufactured home located in Spalding County and that is identified as personal property on the Spalding County tax digest, irrespective of the owner=s qualification for a homestead exemption thereon.

g. The issuance of a manufactured home permit or decal shall not eliminate, waive or supersede the zoning requirements contained in the Zoning Ordinance of Spalding County governing the location of manufactured homes.

Section 3-4009. Annual Reports by Manufactured Home Park Owners/Operators.

Each and every owner and/or operator of a manufactured home park is required to give to the Spalding County Tax Assessors an annual inventory of all manufactured homes located within the park as of January 1 of each calendar year. Such report shall be due on or before February 1 of each calendar year and shall include the following information:

a. The serial number of each and every manufactured home within the park as of January 1 of such calendar year; and

b. An updated lot map for each park identifying lots and manufactured homes thereon as of January 1 of such calendar year;

Section 3-4010. Other Reports and Lot Markings required from Manufactured Home Park Owners/Operators.

a. In addition to the annual reports required by Section 3-4008, each and every owner and/or operator of a manufactured home park shall provide the following additional notices to the Spalding County Tax Assessors within thirty (30) days of the date of the occurrence of such event:

1. The removal of any manufactured home from the manufactured home park; and

2. Any change of ownership or of the name of the manufactured home park.

b. Each and every owner and/or operator of a manufactured home park shall number each lot located within the manufactured home park in sequence and identify each lot with its applicable lot number by a sign of sufficient size to comply with the requirements of Spalding County Code Section 3-3001.

Section 3-4011. Inspection for Location Permit Compliance/Citations.

a. The Spalding County Tax Assessors and the Spalding County Building Official shall have the responsibility to annually inspect each manufactured home located within Spalding County, except those held in inventory by manufactured home dealers, but specifically including those located within manufactured home parks to determine whether the owner of such manufactured home is in compliance with this Ordinance, including compliance with those regulations requiring the display of the decal evidencing issuance of the manufactured home permit. The Spalding County Tax Assessors and the Spalding County Building Official shall have the further responsibility to determine whether each owner/operator of a manufactured home park in Spalding County has complied with the reporting obligations imposed by Sections 3-4009 and 3-4010. The Spalding County Tax Assessors and the Spalding County Building Official shall be and are hereby appointed by Spalding County as its appropriate and lawful agent pursuant to O.C.G.A. ' 15-10-63 to issue citations to owners found to be in violation of this Ordinance.

b. The Spalding County Tax Assessors and/or the Spalding County Building Official shall issue a citation to the owner or occupant of any manufactured home not in compliance with this Ordinance. The citation shall notify the owner, if known, of the manufactured home that it is in violation of this Ordinance by either leaving a notice of violation with a person of legal age found therein or by registered mail, return receipt requested. If the owner of the manufactured home is not known, such notice may be given to any occupant therein by the same means. The notice shall state that a decal for the manufactured home is required and not properly displayed. The notice shall also state the penalties set forth in this Ordinance, along with those contained within O.C.G.A. ' 48-5-493, as amended and Georgia Rules and Regulations Section 590-11-9-.11, as amended.

c. The Spalding County Tax Assessors and/or the Spalding County Building Official issuing any citation in Section 3-4010(b) shall also provide notice of the issuance of the citation to the Spalding County Tax Commissioner.

Section 3-4012. Transportation of Manufactured Homes/Decal Required.

It shall be unlawful for any person to move or transport any manufactured home which is required to and which does not have attached and displayed thereon the manufactured home decal required by Section 3-4008.

Section 3-4013. Requirements for Relocation of a Manufactured Home.

a. A permit shall be required for the transport and/or relocation of any manufactured home in Spalding County.

b. Prior to transport and/or relocation of any manufactured home presently existing in Spalding County and proposed to be transported and/or relocated to another location within Spalding County, the Spalding County Building Official shall conduct an inspection of such manufactured home. Based thereon, the Spalding County Building Official shall provide to the permit applicant a list of each and every existing condition of the manufactured home in which such home fails to conform to the requirements of the Act and a notice that no certificate of occupancy can be issued for habitation upon transport and/or relocation until such manufactured home complies with the Act and the rules and regulations promulgated thereunder by the Secretary as the construction standards for manufactured homes, contained at 24 C.F.R. ' 3280, as amended and the rules and regulations of the Georgia Office of Insurance and Safety Fire Commissioner, at Georgia Rules and Regulations, Section 120-3-7-.05 and Section 120-3-7-.06, as amended.

c. No certificate of occupancy shall be issued for any manufactured home relocated in Spalding County until the Spalding County Building Official certifies (upon inspection) that such home conforms to the requirements of the Act and the rules and regulations promulgated thereunder by the Secretary as the construction standards for manufactured homes, contained at 24 C.F.R. ' 3280, as amended and the rules and regulations of the Georgia Office of Insurance and Safety Fire Commissioner, at Georgia Rules and Regulations, Section 120-3-7-.05 and Section 120-3-7-.06, as amended.

Section 3-4014. Penalties.

The following penalties shall apply for violations of this Ordinance:

a. Any owner of a manufactured home which is subject to these regulations shall, in addition to the ad valorem tax due thereon, be liable for a penalty of 10 per cent (10%) of the tax due for failure to make the return or pay the tax by May 1 of each calendar year.

b. Any owner of a manufactured home located in Spalding County (other than a manufactured home dealer) on January 1 of each calendar year and subject to these regulations shall, in addition to the ad valorem tax due thereon (and any penalty, if applicable) for failure to make the return or pay the tax by May 1 of each calendar year, be guilty of a misdemeanor. Upon conviction thereof, the owner shall be punished by a fine of not less than $ $200.00 nor more than $1,000.00.

c. Any person moving or transporting a manufactured home from a location in Spalding County or to a location within Spalding County in violation of Section 3-4012 shall be guilty of a misdemeanor. Upon conviction thereof, the person shall be punished by a fine of not less than $200.00 nor more than $1,000.

Section 2: The foregoing amendments to the Code of Ordinances of Spalding County shall become effective immediately upon adoption of this resolution.

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

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

· Rezoning Application #00-22Z: Brent Scarbrough, Owner, C. Mark McCullough, Agent, 272 Futral Road, 3.3 acres, AR-1 to C-1A.

Upon motion by Commissioner Johnie McDaniel, seconded by Commissioner Childres the following Rezoning Application was unanimously approved by a vote of 4-0.

IN RE:

APPLICATION OF C. MARK MCCULLOUGH AND BRENT SCARBROUGH

FOR REZONING CERTAIN PROPERTY

LOCATED WITHIN SPALDING COUNTY,

GEORGIA;

REZONING APPLICATION 00-22Z

RESOLUTION AMENDING

THE ZONING ORDINANCE OF SPALDING COUNTY, GEORGIA

AND

THE OFFICIAL ZONING MAP OF SPALDING COUNTY, GEORGIA

WHEREAS, C. Mark McCullough and Brent Scarbrough, applicants, applied for a change in zoning classification to be applied to the within described property to “C-1A, Neighborhood Commercial;”

WHEREAS, such application was filed with Spalding County, Georgia on April 24, 2000;

All that lot, tract, or parcel of land, situate, lying and being in Land Lot 205 of the 2^nd Land District of original Monroe, now Spalding County, Georgia containing 3.3 acres, more or less, and being more particularly described as follows:

Beginning at the intersection of the south right of way line of Futral Road and the east right of way line of Wilson Road, and running thence in a southeasterly direction along the south right of way line of Futral Road a distance of 460.00 feet, more or less, to a 3.7 more or less acre tract owned by Willie and Barbara Williams, and running thence south 28 degrees 03 minutes 03 seconds west a distance of 415.40 feet, more or less, to a point on the south boundary if Land Lot 205, and running thence in a westerly direction along the south boundary of Land Lot 205 a distance of 232.0 feet, more or less, to a point on the east right of way of Wilson Road, and running thence in a northerly direction along the east right of way line of Wilson Road a distance of 575.5 feet, more or less, to the point of beginning.

From “AR-1, Agricultural and Residential” to “C-1A, Neighborhood Commercial ” District.

Section 2:

On July 17, 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 Lot 205 of the 2^nd Land District of originally Monroe, now Spalding County, Georgia, consisting of approximately 3.3 acres, zoned C-1A.

(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.

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

· Amendment to UDO #A-00-06: Appendix A. Subdivision Ordinance – Section 505: add provision prohibiting bowstring methodology

Upon motion by Commissioner Childres, seconded by Commissioner Massengale UDO-A-00-06 was unanimously approved by a vote of 4-0.

RESOLUTION AMENDING

THE SUBDIVISION ORDINANCE OF SPALDING COUNTY, GEORGIA

WHEREAS, the Board of Commissioners of Spalding County, Georgia enacted the current Zoning Ordinance of Spalding County, Georgia on January 4, 1994 and therein adopted as Appendix A thereto, the Subdivision Ordinance of Spalding County;

WHEREAS, the Board of Commissioners of Spalding County has determined that it is in the best interests of the citizens of Spalding County for certain text revisions and amendments to be made to the Subdivision Ordinance of Spalding County;

WHEREAS, such text amendments to the Subdivision Ordinance of Spalding County were reviewed by the Spalding County Planning Commission, and a hearing on the text amendments to the Zoning Ordinance of Spalding County was conducted by the Board of Commissioners of Spalding County, Georgia on June 22, 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, it is deemed by the Board of Commissioners of Spalding County, Georgia that an amendment to the Subdivision Ordinance of Spalding County, Georgia conforms with sound comprehensive planning principles and is of substantial benefit to the public and in the promotion of the best interests and general welfare of the people;

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

Section 1: The following provision shall be deleted from the Subdivision Ordinance of Spalding County, Georgia: Article 4, Section 408(B)(6).

Section 2: The following provision shall be added to the Subdivision Ordinance of Spalding County, Georgia, to appear as Article 4, Section 408(B)(6):

ARTICLE 5. REQUIRED DEVELOPMENT STANDARDS

Section 505. Development Standards for Drainage Facilities.

B. Storm Drainage:

6. Detention ponds shall be designed for the two, five, ten, twenty-five, fifty, and one hundred year storms. “Bowstring Method” is not an acceptable method for sizing of detention facilities.

Section 3: The foregoing amendments of the Subdivision 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.

· Amendment to UDO #A-00-07: Appendix J. Commercial/Industrial Development Ordinance – Section 405: add provision – buffer requirements; Section 408: add provision prohibiting bowstring methodology.

Upon motion by Commissioner Childres, seconded by Commissioner Johnie McDaniel UDO-A-00-07 was unanimously approved by a vote of 4-0.

RESOLUTION AMENDING

THE SUBDIVISION ORDINANCE OF SPALDING COUNTY, GEORGIA

WHEREAS, the Board of Commissioners of Spalding County, Georgia enacted the current Zoning Ordinance of Spalding County, Georgia on January 4, 1994 and therein adopted as Appendix J thereto, the Commercial/Industrial Development Ordinance of Spalding County;

WHEREAS, such text amendments to the Commercial/Industrial Development 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 June 22, 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, it is deemed by the Board of Commissioners of Spalding County, Georgia that an amendment to the Commercial/Industrial Development Ordinance of Spalding County, Georgia conforms with sound comprehensive planning principles and is of substantial benefit to the public and in the promotion of the best interests and general welfare of the people;

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

Section 1: The following provision shall be deleted from the Subdivision Ordinance of Spalding County, Georgia: Article 4, Section 408(B)(6).

Section 2: The following provision shall be added to the Subdivision Ordinance of Spalding County, Georgia, to appear as Article 4, Section 408(B)(6):

ARTICLE 4. GENERAL PROCEDURES

Section 408. Development Standards for Drainage Facilities.

C. Storm Drainage:

6. Detention ponds shall be designed for the two, five, ten, twenty-five, fifty, and one hundred year storms. “Bowstring Method” is not an acceptable method for sizing of detention facilities.

Section 3: The following provision shall be added to the Commercial/Industrial Development Ordinance of Spalding County, Georgia, to appear as Article 4, Section 405(K’):

ARTICLE 4. GENERAL PROCEDURES

Section 405. Specifications for Construction Plans.

K’. Buffers and screening as required by Section 405 and 407 of the Unified Development Ordinance.

Section 4: The foregoing amendments of the Commercial/Industrial Development Ordinance of Spalding County, Georgia shall become effective immediately upon adoption of this resolution.

Section 5: All Ordinances or resolutions in conflict herewith shall be and are hereby, repealed.

· Amendment to UDO #A-00-11: Article 4. General Procedures – Section 417: Multiple Parcel Rezoning & Section 419: Fees

Upon motion by Commissioner Childres, seconded by Commissioner Massengale UDO-A-00-11 was unanimously approved by a vote of 4-0

RESOLUTION AMENDING

THE ZONING ORDINANCE OF SPALDING COUNTY, GEORGIA

WHEREAS, the Board of Commissioners of Spalding County have 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 June 22, 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 provision shall be deleted from the Zoning Ordinance of Spalding County, Georgia, Article 4, entitled “General Procedures”, Section 417.

Section 2: The following provision shall be added to the Zoning Ordinance of Spalding County, Georgia, Article 4, entitled “General Procedures”, Section 417.

Section 417: Multiple Parcel Rezoning. Multiple parcel rezoning of contiguous tracts will be allowed so long as all tracts are to be rezoned to the same zoning classification. All applicants owning property which is subject to the application are deemed to consent to rezoning of their property and to rezoning of any and all other tracts included within the Application. The following fees shall apply to multiple parcel rezoning applications:

A. Parcel 1--$500.00

B. Parcels 2-5--$100.00 each, in addition to the fees stated in A; and

C. Parcels 6+--$50.00 each, in addition to the fees stated in A and B.

Section 3: The following provision shall be deleted from the Zoning Ordinance of Spalding County, Georgia, Article 4, entitled “General Procedures”, Section 419.

Section 4: The following provision shall be added to the Zoning Ordinance of Spalding County, Georgia, Article 4, entitled “General Procedures”, Section 419.

Section 419: Fees. The following fees shall be assessed.

Certificate of Occupancy N/C

Appeal from Action of Administrative Officer $200.00

Variance $200.00

Special Exception $300.00

Amendments $500.00

ANSI Inspections $50.00

Building Permit

1. General Contractor or Owner using Day Labor: a minimum fee of $25.00, plus the fees specified below in either Section 419(G)(1)(a) or Section 419(G)(1)(b).

a. Dwelling Units: $.20 per square foot for all area under roof.

b. All other construction types (based on construction cost):

1'. $100.00 and less: No fee, unless inspection is required, in which case a $50.00 fee for each inspection shall be charged;

2'. $100.01 to $50,000: $50.00 for the first $1000 plus $8.00 for each additional thousand or fraction thereof;

3'. $50,000.01 to $100,000: $442.00 for the first $50,000 plus $6.50 for each additional thousand or fraction thereof;

4'. $100,000.01 to $500,000: $767.00 for the first $100,000 plus $5.50 for each additional thousand or fraction thereof;

5'. $500,000.01 and above: $2,967.00 for the first $500,000 plus $4.00 for each additional thousand or fraction thereof.

c. The fees provided for in Section 419(G)(1) shall cover three inspections, 1 footing, 1 framing, and 1 final inspections. One (1) additional plumbing inspection will be provided for buildings built on slabs. Additional inspection fees not included herein shall be $50.00 and any special inspection fee shall be $50.00.

2. Electrical Contractor: A minimum fee of $25.00 plus the fees specified below in either Section 419(G)(2)(a), Section 419(G)(2)(b), Section 419(G)(2)(c), or Section 419(G)(2)(d).

a. Residential--New or existing and including conventional, industrialized or manufactured: $.40 per amp.

b. Duplex--New or existing: $.40 per amp.

c. Apartment—New or existing: $.60 per amp.

d. Commercial--New or existing service: $.60 per amp.

e. Service Change

i. Residential: $50.00

ii. Commercial: $75.00

3. Plumbing Contractor: A minimum fee of $25.00 for each permit issued, plus:

a. $5.00 for each of the following plumbing fixtures: water closets, lavatories, sinks, bath tubs, showers, water heaters, dishwashers, washing machines, laundry tubs, sump pumps and any other fixture not otherwise specifically listed herein;

b. $5.00 for each of the following drains: floor drains or traps (including water and drainage piping) and root drains;

c. $10.00 for each residential sewer (including replacement or repair);

d. $20.00 for the first 150 feet and $.20 per foot thereafter for each commercial sewer (including replacement or repair);

e. $5.00 for each sewer erector;

f. $10.00 for installation, alteration, or repair of water piping and/or water treatment equipment;

g. $10.00 for repair or alteration of drainage or vent piping;

h. $5.00 each for the first five vacuum breakers or backflow protective devices installed subsequent to the installation of the piping or equipment served; $3.00 for each additional vacuum breaker or backflow device installed subsequent to the installation of the piping or equipment served;

i. $4.00 for the installation of a gas line.

4. Heating, Ventilation and Air Conditioning Contractor: A minimum fee of $25.00 for each permit issued, plus:

a. Residential:

$6.00 per ton heat or air

$8.00 per ton heat and air

b. Commercial:

$9.00 per ton heat or air (up to 20 tons)

$11.00 per ton heat and air (up to 20 tons)

$5.00 per ton heat or air over 20 tons

$7.00 per ton heat and air over 20 tons

H. Demolition (Principal Structures) $50.00

I. Zoning Certification $25.00

Section 9: The foregoing amendments of the Zoning Ordinance of Spalding County, Georgia and the Official Zoning Map of Spalding County, Georgia shall become effective immediately upon adoption of this resolution.

Section 10: All Ordinances or resolutions in conflict herewith shall be and are hereby, repealed.

· Amendment to UDO #A-00-12: Appendix A. Subdivision Ordinance – Section 301: Major Subdivision Fees & Section 302: Minor Subdivision Fees

Upon motion by Commissioner Massengale, seconded by Commissioner Childres, UDO-A-00-12 was unanimously approved by a vote of 4-0.

RESOLUTION AMENDING

THE SUBDIVISION ORDINANCE OF SPALDING COUNTY, GEORGIA

Section 1: The following provision shall be deleted from the Subdivision Ordinance of Spalding County, Georgia: Article 3, entitled “Fees”.

Section 2: The following provision shall be added to the Subdivision Ordinance of Spalding County, Georgia, to appear as Article 3, entitled “Fees”:

ARTICLE 3. FEES

Section 301. Major Subdivision.

The following fees shall be assessed for submission, review, and approval of a subdivision of real property, as defined in Section 202(QQ):

A. Preliminary Plat Approval $200.00

B. Review of Construction Plans

For subdivision consisting of

1. less than 10 acres $500.00

2. 10 - 24.99 acres $900.00

3. 25 - 49.99 acres $1,200.00

4. 50 or more acres $1,200.00

plus $20.00 per acre in excess of 50

C. Final Plat Approval $500.00

D. Final Plat Amendment $100.00

Section 302. Minor Subdivision.

The following fees shall be assessed for submission, review, and approval of a subdivision of real property, which is not included within Section 202(QQ):

A. Plat Approval for real property consisting of

1. less than 10 acres $200.00

2. 10 or more acres $300.00

XII. B. Review of Plat Amendment $100.00

Section 3: The foregoing amendments of the Subdivision 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.

· Amendment to UDO #A-00-13: Appendix J. Commercial/Industrial Development Ordinance – Article 3. Fees.

Upon motion by Commissioner Massengale, seconded by Commissioner Johnie McDaniel UDO-A-00-13 was unanimously approved by a vote of 4-0.

RESOLUTION AMENDING

THE COMMERCIAL/INDUSTRIAL DEVELOPMENT ORDINANCE

OF SPALDING COUNTY, GEORGIA

WHEREAS, the Board of Commissioners of Spalding County, Georgia enacted the current Zoning Ordinance of Spalding County, Georgia on January 4, 1994 and therein adopted as Appendix J thereto, the Commercial/Industrial Development Ordinance of Spalding County;

Section 1: The following provision shall be deleted from the Commercial/Industrial Development Ordinance of Spalding County, Georgia: Article 3, entitled “Fees”.

Section 2: The following provision shall be added to the Commercial/Industrial Development Ordinance of Spalding County, Georgia, to appear as Article 3, entitled “Fees”:

ARTICLE 3. FEES

The following fees shall be assessed for submission, review, and approval of construction plans for commercial/industrial development of real property.

For development consisting of

1. less than 2 acres $1,000.00

2. 2 - 4.99 acres $1,500.00

3. 5 – 9.99 acres $2,000.00

4. 10 or more acres $2,000.00

plus $50.00 per acre in excess of 10

5. Additions to previously reviewed and approved sites

(original site less than 2 acres) $500.00

6. Construction or refurbishment of telecommunications

antennas and towers $100.00

Section 3: The foregoing amendments of the Subdivision 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.

· Amendment to UDO #A-00-14: Add provision for driveway requirements regarding development on Arterial, Secondary, or Collector Roads

Upon motion by Commissioner Massengale, seconded by Commissioner Childres UDO-A-00-14 was unanimously approved by a vote of 4-0.

RESOLUTION AMENDING

THE SUBDIVISION ORDINANCE OF SPALDING COUNTY, GEORGIA

WHEREAS, such text amendments to the Subdivision Ordinance of Spalding County were reviewed by the Spalding County Planning Commission, and a hearing on the text amendments to the Zoning Ordinance of Spalding County was conducted by the Board of Commissioners of Spalding County, Georgia on May 25, 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;

Section 1: The following provision shall be added to the Subdivision Ordinance of Spalding County, Georgia, to appear as Section 503(K):

Section 503. Development Standards for Lots

K. Driveway Requirements: Every lot shall be served by a driveway which meets the following criteria

For lots with structures located less than 125 feet from the right of way of the street from which lot access is obtained, the driveway shall be paved and shall include a paved turn around area.

For lots with structures located more than 125 feet from the right of way of the street from which lot access is obtained, the driveway shall be improved and shall included a designated turn around area.

Section 3: The foregoing amendments of the Subdivision 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.

· Amendment to UDO #A-00-15: Appendix A. Subdivision Ordinance – Section 502: Development Standards for Streets – G: Private Roads: additions/deletions to private road list.

Upon motion by Commissioner Massengale, seconded by Commissioner Johnie McDaniel UDO-A-00-15 was unanimously approved by a vote of 4-0.

RESOLUTION AMENDING

THE SUBDIVISION ORDINANCE OF SPALDING COUNTY, GEORGIA

WHEREAS, such text amendments to the Subdivision Ordinance of Spalding County were reviewed by the Spalding County Planning Commission, and a hearing on the text amendments to the Zoning Ordinance of Spalding County was conducted by the Board of Commissioners of Spalding County, Georgia on June 22, 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;

Section 1: The following provisions of the Subdivision Ordinance of Spalding County, Georgia, shall be deleted: Sections 502(G)(10), 502(G)(22) and 502(G)(27).

Section 2: The following provision shall be added to the Subdivision Ordinance of Spalding County, Georgia, to appear as Sections 502(G)(10), 502(G)(22) and 502(G)(27):

Section 502. Development Standards for Streets

G. Private Roads:

10. Turner Road

22. Sunset Strip

27. In and Out of the County Road a/k/a Troup Nine Road

Section 3: The following provisions shall be added to the Subdivision Ordinance of Spalding County, Georgia, to appear as Sections 502(G)(11) and 502(G)(12)(which now appear therein as AReserved@):

Section 502. Development Standards for Streets

G. Private Roads:

11. Ann Street Extension

12. Sockwell Drive

Section 4: The foregoing amendments of the Subdivision Ordinance of Spalding County, Georgia shall become effective immediately upon adoption of this resolution.

Section 5: All Ordinances or resolutions in conflict herewith shall be and are hereby, repealed.

4. Consider appointment to Personnel Appeals Board to fill the unexpired term of Mate Youngblood (12-31-02) (Requires motion to lift from the table). Upon motion by Commissioner Kendall, seconded by Commissioner Johnie McDaniel the item was lifted from the table by a unanimous vote of 4-0.

Chairman Kendall stated there were two nominations for this position. Commissioner Massengale nominated Emily Bosch and Commissioner Kendall nominated Ms. Lee Turner. Commissioners Kendall, Johnie McDaniel and Childres voted for Ms. Lee Turner. Ms. Lee Turner was appointed to this Board by a vote of 3.

Upon motion by Commissioner Massengale, seconded by Commissioner Kendall the Agenda was amended to move Item #9 under New Business to this Section.

9. Consider appointment to the Griffin-Spalding Airport Commission to fill the unexpired term of Ronnie Higgins (12-31-01). Chairman Kendall stated there were two (2) nominations for this position. Commissioner Massengale nominated Don Taliaferro and Commissioner Kendall nominated Don Swords. Mr. Don Taliaferro received four (4) votes and was appointed to this Commission.

5. Consider approval of contract for Section 5311 Public Transportation Program. (Requires motion to lift from the table). Upon motion by Commissioner Kendall, seconded by Commissioner Johnie McDaniel this item was lifted from the table by a unanimous vote of 4-0.

County Manager Ruffin commented that the Board was told two (2) years ago that it would not cost any money to run this Transportation Program; however, this is not going to happen now or in the future. He said the Program is going to cost somewhere between $24,000 and $30,000 for a calendar year. He said there were two (2) kinds of trips, one a contract with DHR (they pay) and the other is the old, the sick and the poor, which makes up approximately 34% of the program. He said that this is not a “joy riding” program.

Upon motion by Commissioner Childres, seconded by Commissioner Johnie McDaniel unanimous approval was given to approve the Contract and to do a budget amendment to fund the county’s part of the 5311 Transportation Program for the remainder of this Calendar Year.

X. NEW BUSINESS

1. Consider permit request from Southside Riders Association pursuant to Section 6-1052(13)b. The request is to serve alcoholic beverages outside at the September 30, 2000 Country Rock Café Bite Nite 2000 under the requirements of this section of the code. Upon motion by Commissioner Childres, seconded by Commissioner Massengale the request was unanimously approved by a vote of 4-0.

2. Consider request from Praise Worship Center. Rev. Danny Stewart addressed the Board and requested that he be able to hold a three-day revival service, this Thursday, Friday and Saturday, in the parking lot at Food Depot. He said that he had gone to all the business in the location and had acquired signatures stating that they had no problem with his request. The only one he had not contacted was Willamette. He said the revival will be set up on a flat bed trailer and have sound set up. He said that he had already applied with the City of Griffin to get the sound permit. He said that he had a letter from his insurance company increasing their policy from $1 Million to $3 Million and stating the county would not be held liable for any thing that transpired on the county’s property. He plans to set this up in the old Cook’s area. He said the permit from the City was contingent upon the Board of Commissioners’ approval of use. He said the hours would be from 7:00 p.m. to 9:00 p.m. only.

There was a discussion about traffic control and the interference of ingress and egress of any of our tenant’s.

Upon motion by Commissioner Childres, seconded by Commissioner Kendall request to use the County’s parking lot was approved by a vote of 4-0 contingent upon approval by Willamette, who uses the Cook building for a warehouse, restricting the hours from 7 to 9 p.m., some traffic control and the county be a named insured on policy.

Commissioner Johnie McDaniel commented that we are setting a precedence for the use on this property and suggested that it would be in our best interest to adopt some guidelines about the use of the parking lot and buildings.

3. Consider request for permanent closure of a portion of West Poplar Street. Chairman Kendall commented that the county has received a petition received through a letter from the City Manager’s office asking that this portion of West Poplar Street be permanently closed. Mr. Jackie Persons gave his address as 1667 West Poplar Street and addressed this petition from the residents. He said that traffic from Highway16 cut through to West Poplar causes a lot of traffic at a high rate of speed and since the road has been closed, it has reduced the traffic flow tremendously. He said the petition represents residents from Carver Road to Poplar Pointe approximately 64 residents. He said that Highway 16 is designed to carry high-speed traffic into downtown. He said that the culvert is damaged and there is only one resident affected from in-bound. He said that he understands it would be a considerable savings to the taxpayers not to have to repair the culvert.

Mr. Roland Hinners stated that the cost to repair the culvert is from between $275,000 to $325,000. He said closing the road off would eliminate the necessity for the culvert.

Commissioner Childres asked if Captain Beam had been asked to do a traffic study. Mr. Hinners commented that the county had not asked for it to his knowledge.

Motion made by Commissioner Childres to table this item and instructed staff to ask for a traffic study/recommendation from the Sheriff Department and the City Police Department and place on the August 7, 2000 agenda. Commissioner Massengale seconded the motion and motion was unanimously approved by a vote of 4-0.

4. Consider approval of the Financial Statements for the Twelve Month Period Ended June 30, 2000. Ms. Jinna Garrison was present to answer any questions. Upon motion by Commissioner Childres, seconded by Commissioner Massengale Financial Statements were unanimously approved by a vote of 4-0.

5. Consider approval of design recommendations for aquatics complex at Wyomia Tyus Olympic Park. County Manager Ruffin stated that this project is at a standstill and the Board needs to decide what they want to do. The staff needs some direction in where to go from here. He said that we have a contract with the design firm to do all three (3) phases at one time, but since then it is a possibility that this would be done in phases. Phase I is the community room and the pool; Phase II is gym no. 1 and Phase III is gym no. 2. To proceed with architectural drawings the design firm needs to know how to proceed. It was noted that there is no design for concessions, which has been brought up by the members of the Board. The money has been appropriated to design the entire project. Mr. Ruffin stated that the previous Board voted to borrow up to $4 Million to complete the Swim and Dive Center but now you would have to borrow $4.6 Million. He said there is a law on the Georgia books that now prohibits you from lease purchasing over $5 Million but you would still be under the cap to borrow the $4.6 Million just to build Phase I. To do all three (3) phases at one time would cost $9.8 Million.

Commissioner Johnie McDaniel commented that the money is appropriated for the design phase and we need to proceed with the design phase and his personal preference is to see it designed to be built in stages but Phase II should include the extra space instead of Phase III.

After a lengthy discussion a motion was made by Commissioner Childres to approve the concept of designing in three (3) phases. Commissioner Johnie McDaniel seconded the motion for discussion.

Commissioner Kendall commented that people are going to hear that you have approved the design of this project and are going to expect that this facility is going to be built and you need to be prepared to pay for it. He said that he feels that we are putting the cart before the horse.

Mr. Ruffin said that you could build the first phase and ask the voters to approve a sales tax to build Phase II and Phase III or you could put all three phases on the ballot and ask taxpayers to pay for it all.

Commissioner Childres stated that we owe the people of our good intentions of getting this facility designed.

Commissioner Childres asked for the question to be called. Chairman Kendall called for the vote. Commissioners Childres, Massengale and Johnie McDaniel voted to proceed with the design for the facility in three (3) phases and Commissioner Kendall voted against the motion. The motion passed by a vote of 3-1.

6. Commissioner Kendall desires to discuss financing for the aquatics complex. Motion made by Commissioner Childres, seconded by Commissioner Kendall to table this item to a future meeting. Motion was unanimously approved by a vote of 4-0.

7. Consider approval of name change for the Planning and Inspections Department. A memo had been presented by Michael Sabine to have the name of the Department changed to Community Development and further requested that the position of County Planner be renamed Community Development Director in accordance with this change.

Upon motion by Commissioner Childres, seconded by Commissioner Massengale the requests were unanimously approved by a vote of 4-0.

8. Consider request for Pre-certification of registered engineers for structural inspections pursuant to House Bill 151. Upon motion by Commissioner Childres, seconded by Commissioner Massengale request was unanimously approved by a vote of 4-0.

10. Consider bids for custom fertilizer application for Parks and Recreation Department. Mr. Greene stated that we had received only one bid from Tru-Green ChemLawn in the amount of $20,525.50. Upon motion by Commissioner Childres, seconded by Commissioner Johnie McDaniel the bid was unanimously approved by a vote of 4-0.

11. Consider approval of Preferred Provider Agreement with Coliseum Psychiatric Center. Upon motion by Commissioner Childres, seconded by Commissioner Massengale the following Agreement was unanimously approved by a vote of 4-0.

PROPOSED CONTRACT RATES BETWEEN

SPALDING COUNTY

AND

COLISEUM PSYCHIATRIC CENTER

Coliseum Psychiatric Center will provide treatment for employees and dependents of Spalding County in accordance with the current benefit plan:

Compensation for services will be at the following negotiated rates:

· $600.00 per diem for adult inpatient psychiatric and addictive disease care, exclusive of MD charges.

· 600.00 per diem for adolescent inpatient psychiatric and addictive disease care, exclusive of MD charges.

· $300.00 per diem for adult psychiatric and addictive disease partial hospitalization program, excluding MD charges.

· $300.00 per diem for adolescent psychiatric and addictive disease partial hospitalization program, excluding MD charges.

· $150.00 per diem for adult Intensive Outpatient psychiatric and addictive disease, excluding MD charges.

· For any authorized medical services in conjunction with psychiatric admission, you will receive a 15% discount on lab, x-ray, and psychiatric testing, excluding physician charges

This agreement is executed with the understanding that Coliseum Psychiatric Center inpatient facility will be the preferred provider for the behavioral health care for Spalding County employees and their dependents. When Coliseum Psychiatric Center is used as the provider, this discount will apply.

LifeLine of Coliseum Psychiatric Center will provide 24-hour availability for confidential assessments, at no charge, at our Macon facility.

(L.S.) Edward Ruffin, Administrator

Coliseum Psychiatric Center

(L.S.) M. Michael Kendall

Chairman

12. Consider request for use of 232 East Broad Street property by The Bus Project, Inc. The cost to rent our facility is $250.00/day for the filming of this movie. Upon motion by Commissioner Childres, seconded by Commissioner Johnie McDaniel the request was unanimously approved by a vote of 4-0.

XI. REPORT OF COUNTY MANAGER

County Manager Ruffin commented on the Taxpayers Bill of Rights. He said even though we are not going up on our tax rate, if the tax take goes up and obviously it will due to new development, the county will have to go through the same public hearings just as if you are increasing taxes. The City, School Board and the County will each have to hold public hearings pursuant to the Taxpayers Bill of Rights. He said he is concerned about this because it is going to confuse taxpayers.

County Manager Ruffin stated that you had tabled Dexter Wiggins zoning request on 3/23/00 to give him time to go back and rethink his plan. He wants this application to be reheard on the Public Hearing of July 27^th and advertisement has already been published in the paper. He said that it has been our standard practice to hear only what has been advertised and advised Mr. Sabine that we would not place it on the agenda and it would have to be heard in September. Mr. Wiggins was disappointed in my decision and I am bringing this to you for resolution. He said that this is risky to do and people are going to get their feelings hurt. He said that you would also be setting a precedence on a tabled request. A tabled request in the past has gone back on your public hearing agenda and been advertised in the newspaper.

Commissioner Kendall stated that he had talked with Mr. Wiggins today and it was his intention that it should have already been placed on an agenda but had not been and was under the impression that it was going to be heard on the 27^th agenda. He is not going to be in town for the September public hearing and wants it heard before he leaves.

Commissioner Kendall stated that there is some mechanism, which is to notify the people that spoke at the public hearing and the adjoining property owners and to put a sign up on the property for rezoning.

Motion made by Commissioner Childres, seconded by Commissioner Kendall and unanimously approved to amend the agenda under Old Business to resolve this request from Mr. Wiggins to place his rezoning application on the July 27, 2000 agenda.

Motion made by Commissioner Childres to place on the July 27, 2000 agenda for consideration to be lifted from the table. Commissioner Childres withdrew his motion to allow Commissioner Kendall to make a motion.

Motion made Commissioner Kendall to place Application #00-06 of Dexter Wiggins on the July 27, 2000 and that we notify all the adjoining property owners, all the people who signed up to speak for or against this application at the public hearing and post the property tomorrow morning. Commissioner Massengale seconded the motion and motion was unanimously approved by a vote of 4-0.

County Manager Ruffin made the Board aware that all candidates running for office received a memo from him stating what the sign regulations were. He said that voting returns will be on the county website.

County Manager Ruffin stated that he felt sorry for some people here tonight, like Jinna, like Mr. Perkins and others, for having to wait so long to get to their issue on the agenda. He said that he felt like the Public Comment section on the agenda should be for legitimate issues. He said the public interest should be put first and that the five minute rule should be followed. Commissioner Kendall stated that he disagreed with Mr. Ruffin’s feelings about the Public Comment section. He said that he has walked in these people’s shoes that speak during Public Comment and he understands what they are feeling and expressing. He said that if people want to come up here and talk, then he is going to let them talk because he feels that is the proper exercise of discretion.

XIII. REPORT OF COMMISSIONERS

Commissioner Massengale stated that he wanted to apprise the Board of a situation. He said that he had a citizen contact him from the Ringgold Community that had a water leak and it went on for months and he couldn’t get it resolved. This person’s water bill got out of sight, which she refused to pay and they cut her water off. She decided to sue Mr. William White and subpoenaed me by letter to come to the trial and testify. He said that he went to testify on behalf of his constituent and the attorney argued the fact that she should be suing Spalding County because she is a Spalding County resident but the judge did not see it that way. All the documents came from the City of Griffin and she argued to get her money refunded. He said the problem is that Mr. White’s lawyer might have been right. He said that we should be thinking how we could fix this someway better down the line with a better response time. It was noted that the County has a water contract with the City for maintenance on the county water lines and we have been sending Rocky Kenway’s crews out to fix the leaks because of the slow response time of the City repairing leaks.

Commissioner Johnie McDaniel commented that we just installed and activated a much-needed traffic signal at Highway 19/41/Kalamazoo Drive; however, visibility is not real good from north heading south. He asked staff to ask DOT if they could do a little better job maintaining the brush on the right of way to give a little better line of sight.

Commissioner Childres had no comments.

Commissioner Kendall had no comments.

XIV. CLOSED MEETING

Upon motion by Commissioner Johnie McDaniel, seconded by Commissioner Childres the Board went into Closed Session by a unanimous vote

1. The County Manager desires a Closed Meeting to discuss acquisition of real estate.

2. The County Manager desires a Closed Session to discuss potential litigation.

CLOSED MEETING AFFIDAVIT

[A copy of the affidavit must be filed with the minutes of the meeting]

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:

The Spalding County Board of Commissioners met in a duly advertised meeting on July 17, 2000.

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

The executive session was called to order at 10:50 p.m.

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)__________;

Yes Discussion of the future acquisition of real estate as provided by O.C.G.A. § 50-14-3(4);

No 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 17th day of July 2000.

Chairman

Spalding County Board of Commissioners

Sworn to and subscribed

Before me this 17th day of

July 2000.

_______________________________

Notary Public

My commission expires: March 18, 2002

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

No action was taken at this time.

Agenda Topics

IV. PRESENTATIONS/PROCLAMATIONS/RECOGNITION – n/a

V. CITIZENS COMMENTS – n/a

VII. MINUTES

CONSENT AGENDA

ARTICLE 5. REQUIRED DEVELOPMENT STANDARDS

ARTICLE 4. GENERAL PROCEDURES

ARTICLE 4. GENERAL PROCEDURES

Certificate of Occupancy N/C

Appeal from Action of Administrative Officer $200.00

Variance $200.00

Special Exception $300.00

Amendments $500.00

ANSI Inspections $50.00

Building Permit

ARTICLE 3. FEES

A. Preliminary Plat Approval $200.00

For subdivision consisting of

C. Final Plat Approval $500.00

A. Plat Approval for real property consisting of

XII. B. Review of Plat Amendment $100.00

OF SPALDING COUNTY, GEORGIA

ARTICLE 3. FEES

For development consisting of

PROPOSED CONTRACT RATES BETWEEN

XI. REPORT OF COUNTY MANAGER

XIV. CLOSED MEETING

July 2000.

_______________________________

XV. ADJOURNMENT

Upon motion by Commissioner Childres, seconded by Commissioner Johnie McDaniel the meeting was unanimously approved

County Clerk/County Manager Chairman