REGULAR MONTHLY MEETING

The Board of Commissioners of Spalding County, Georgia, held their regular monthly meeting on Tuesday, January 3, 2000 in their office in the Courthouse Annex in the City of Griffin, Spalding County, Georgia, beginning at 6:00 o’clock p.m. with Commissioners Earle Childres, Martha McDaniel, Merrill Massengale, Johnie McDaniel and Michael Kendall present. Also present were County Manager Mike Ruffin, Deputy County Manager William Wilson, County Attorney Jim Fortune and Executive Secretary Phyllis Doane. Also present was Zoning Attorney Newton Galloway.

Agenda Topics

I. OPENING (CALL TO ORDER) – Chairman Childres

II. INVOCATION - Rev. Randy Valimont

III. PLEDGE TO FLAG – Led by Chairman Childres

IV. ELECTION OF CHAIRMAN AND VICE CHAIRMAN

FOR YEAR 2000

Motion made by Commissioner Childres to nominate Commissioner Kendall for Chairman. Commissioner Martha McDaniel seconded the motion. There were no other nominations made. The motion carried by a unanimous vote of 5-0.

At this time Chairman Childres turned to gavel over to Commissioner Kendall. Chairman Kendall presented a plaque to Commissioner Childres for his year of service as Chairman in 1999.

Chairman Kendall thanked the commissioners for electing him Chairman for the year 2000 and commented that he intends to try to serve in this capacity and create some positive impressions about our elected officials.

Commissioner Kendall nominated Commissioner Massengale for Vice Chairman. Commissioner Massengale seconded his nomination. Commissioner Martha McDaniel nominated Commissioner Johnie McDaniel. Mr. McDaniel declined the nomination stating that he was still trying to learn being a county commissioner and would like to wait until next year. Commissioner Childres moved that nominations be closed on Commissioner Massengale. Chairman Kendall called for the vote on the nomination of Mr. Massengale. The vote was 4-1 with Commissioner Martha McDaniel voting against.

APPOINTMENTS:

County Manager/County Clerk

Commissioner Kendall made a motion that Mr. Mike Ruffin be appointed as County Manager for the year 2000. Commissioner Johnie McDaniel seconded the motion and motion was unanimously approved by a vote of 5-0.

Commissioner Kendall made a motion that Mr. Mike Ruffin be appointed as County Clerk for the year 2000. Commissioner Martha McDaniel seconded the motion and motion was unanimously approved by a vote of 5-0.

County Attorney

Commissioner Kendall made a motion that Mr. Jim Fortune be appointed as County Attorney for the year 2000. Commissioner Martha McDaniel and Commissioner Childres seconded the motion and motion was unanimously approved by a vote of 5-0.

V. PRESENTATIONS/PROCLAMATIONS/RECOGNITION

1. Recognition of Spalding County Firefighter Eric Huggins. County Manager Ruffin recognized Mr. Huggins who works at the Woodroof Fire Station and has been with the County since 1998. Mr. Ruffin stated that he had received an e-mail several weeks ago from an out-of-state gentlemen praising Mr. Huggins for his honesty and integrity. The gentlemen stopped in Spalding County and got gas and left his wallet, made several calls back when realized it was missing but was not successful. Eric found a check with this gentlemen’s name and address on it he had received a phone call from Eric Huggins and Eric told him that he had found his wallet. Eric had called his credit card company and notified them of the lost and told the gentleman he would send his wallet back to him and he did. Mr. Huggins received a standing ovation.

VI. CITIZENS COMMENTS - none

VII. PUBLIC COMMENT

1. Mr. Marvin Brooks gave his address as 113 Maplewood Drive. He spoke on the R-5 zoning amendment. He asked the Board to reconsider the 1250 sq. ft. minimum site-built homes. He said that he works for Regions Bank and to do away with the 1,000 sq. ft. level of housing would be a mistake and will take the homebuyer out of the market because they just simply do not have the income.

2. Mr. Tom Ross, owner of Ideal Homes, gave his address as 101 Moreland Road. He spoke on UDO-A-99-12. He said that this was the third reading of the amendment, not second and confused that it was even on the agenda tonight. He said that he was confused that AR-1 failed but R-5 passed. He asked the Board to consider the impact that this is going to have on people in Spalding County enacting this as a Special Exception. He requested if this amendment is passed that consideration be given to site-built homes for a Special Exception process in AR-1.

3. Mr. Donnie Corum stated he represented Oakwood Homes, 8271 Tara Boulevard, Jonesboro, GA. He said that his service sales has been opened since October 1998 and has started placing homes in the Spalding County area. He said that they try to go with the corresponding codes that each county seems to have. He said that they also do 90% financing for their customers. He said that customers should have a choice of being able to go into manufactured housing if they cannot afford a site-built house or cannot qualify. He asked the Board not to delete manufactured housing. Chairman Kendall explained to Mr. Corum how the compatibility standards would work and the advantages of having them. Mr. Kendall said that he understood Mr. Corum’s point of view and feels that his input is needed when the Planning & Zoning Board begin drafting these standards and suggested that he start attending their meetings.

4. Mr. Dee Forrester gave his address as 131 Dutchman Road. He said that he is living on 23 acres of land and thinking about putting a new mobile home on his land. However, across the street from him on ½ acre land is being built a stick-built home. He wanted to know why is he being penalized for wanting to put in a mobile home when this home is going to be on ½ acre land. He said that this house was put up in two (2) days and he did not consider this to be a house. Chairman Kendall also suggested to Mr. Forrester that he put his input in at the Planning & Zoning Board meetings and express his feelings and help these people to understand.

5. Mr. Ray Browning gave his address as 585 Moore Road and stated he was a member of the Planning & Zoning Board. He spoke on Item No. 6 under New Business, which is the R-5 homes. He said the Planning Commission is in the process of defining what we have in Spalding County through parcel specific zoning and this is a very difficult task for them and consumes a lot of their time. He asked the Board to consider leaving R-5 zoning as it is so that the Planning Commission can identify what the County has and move forward and consider having compatibility standards for the whole zoning classification.

6. Mr. John Kelley gave his address as 2500 W. Ellis Road. He said that he feels like the county is growing little too fast for the infrastructure and is concerned about the density of population more than the square footage issue or the manufactured home issue.

7. Mr. Robert McIntyre gave his address as 124 Magnolia Drive. He addressed the item of board appointments on the agenda item no. 8. He asked the Board to make sure as they make their appointments that they have the time and energy to serve on these boards. He asked that there be a job description for these boards. He said that the Chairman of these boards must enforce the attendance rules. He asked that the Board defer the appointments and consider the statements that he made tonight.

8. Ms. Denise Forrester gave her address as 131 Dutchman Road. She asked the question if she and her husband have 24 acres why can the county tell them what they can build and have on their land, when it should be their decision. She said if they wanted to put a 2,000 sq. manufactured home on their property, why shouldn’t they be able to. Chairman Kendall answered that right now they can; however, if the amendment passes tonight you can still put a manufactured house on your property by applying for a Special Exception.

9. Mr. Paul Uphole gave his address as 525 Wildwood Circle. Mr. Uphole reminded the commissioners that they were here to serve the people in Spalding County and to think of the people when you make your decisions.

10. Mr. Anthony Mixon gave his address as 309 Beverly Street. He said that he is in the manufactured home industry and has been for ten (10) years and has seen a lots of changes in the houses and the way they are built and presented and people living in the houses. He wanted to know what difference does it make where the house is built if it is a quality house and is suitable premises. Chairman Kendall stated that it was a matter of perception and the mobile home industry was going to have to start educating the people better in this market, as most people’s perception is this is a “trailer” and one good strong wind will tear the mobile home to pieces.

11. Mr. Richard Ingram gave his address as North Pomona Road, SunnySide, GA. He said that manufactured homes have a place in Spalding County and they should all be in a park and not all out polluting the land hurting everybody else’s value. He said most of the trailer parks are junky and trailers should be in a park.

12. Mr. Joel Shaftner, Duluth, GA stated he was a developer in Spalding, Coweta and Pike County and does mostly rural developments. He said that he is also an urban planner. He said that he feels like the Special Exception clause should be done away with and wait until the compatibility standards are in place. He said there is a flavor of rural development in Spalding County and some of the other counties too.

13. Mr. Allan McCallum gave his address as 2831 Williamson Road. He addressed the agenda item issue again. He said that the county was charging too much to copy under the open records act. He said that the maximum a county can charge is $.25 and that is exactly what the county is charging. He said that he had also done some research on the cost of a scanner to be able to place the entire agenda packet on the Internet. He said the price ranges from $500 to $7,200. He said the benchmark he was using in purchasing this equipment was the $5,000 dinner the county paid for the employees. He addressed the second reading of the AR-1 amendment, wanting to know why it is coming up and where does it stop. He said that under closed meeting, future acquisition of real property; he had been told that it concerns the purchase of the property across from the cemetery for additional space.

14. Mr. Horace S. Kelley, Jr. gave his address as 153 Dunlap Circle and addressed the median income in Spalding County. He said that the average median income in 1995 was $30,305 and the average per capita income in 1997 was $19,208. He said that 87% of the homes were valued at less than $100,000, 37% were at less than $50,000. He said that he feels that the county is pricing out 70% of the citizens of Spalding County just because of the square foot size. He asked the commissioners to consider the people in Spalding County before they make the rule.

15. Mr. Ivan Taylor gave his address as 1245 Carver Road. He addressed the 800 MHz communication system item on the agenda. He wanted to know what was wrong with the present system and if this was requested from the county. County Manager Ruffin stated that this was from the City and the County and the city has agreed to split the cost for the proposal. Mr. Ruffin said that the proposal on the agenda tonight is the only one we received. The cost of the proposal is $18,765.85. Mr. Ruffin commented that public safety personnel from the City and County have had several meetings and understand that we are going to be forced to go to the 800 MHz as the frequency is going to be split in 2006 or 2008 and if we stay on the same frequency, we will not be guaranteed that we will not have interference when the others on the other frequency talk.

Fire Chief Samuel Gardner also addressed this issue. He said that some on the communication systems are real old and are going to have to be replaced and this is a good time to do a study to see what the City and County needs and how much it is going to cost.

Mr. Taylor asked the Board to defer the vote on this item and maybe have public hearings before this study is done.

VIII. MINUTES

1. Consider approval of the minutes of the meetings of December 21, 1999. Upon motion by Commissioner Childres, seconded by Commissioner Johnie McDaniel the minutes were unanimously approved by a vote of 5-0.

IX. CONSENT AGENDA

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres Items 1 & 2 were unanimously approved by a vote of 5-0.

1. Renewal of Contract for Employee Assistance with Employee Assistance Services. Contract is based on $18.00 per employee per year based on 413 employees. Contract #00-01-03(A).

2. Consider approval at second reading an ordinance amending the Fiscal Year 2000 Budget Ordinance to provide for the GRIPP Program.

AN ORDINANCE AMENDING THE

FISCAL YEAR 2000 BUDGET ORDINANCE

FOR

SPALDING COUNTY, GEORGIA

WHEREAS, the Board of Commissioners of Spalding County have duly adopted an annual budget ordinance for the 2000 Fiscal Year pursuant to the requirements of Title 36, Chapter 81 of the Official Code of Georgia, and Section 2-5003 of the Code of Spalding County; and

WHEREAS, the Official Code of Georgia, specifically Title 36, Chapter 81-3, provides that said Board may amend its annual budget ordinance so as to adopt to changing governmental needs during the fiscal year.

NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners that the annual budget ordinance as approved, adopted and enacted on second reading on June 30, 1999, be amended as follows:

Section I. General Fund

A. Revenues

Fines and Forfeitures From $ 2,397,500 to $ 2,409,500

B. Expenditures

Adult Probation From $ 101,510 to $ 113,510

Approved on first reading this 21^st day of December, 1999.

Approved, adopted and enacted on second reading this 3^rd day of January, 2000.

X. OLD BUSINESS

1. Consider lighting the walking track at Wyomia Tyus Olympic Park. Roland Hinners, HDR/WL Jorden addressed this issue. He said that he had checked into Commissioner Childres’ request for quad lighting and would cost approximately $15,000 per tower including installation and it would require two (2) towers to adequately light the entire walking track. MEAG Power is not equipped to install these towers or maintain them. After this information, motion made by Commissioner Childres to approve $9,000 of SPLOST money to install 15 lighting standards at $600 per structure. Commissioner Martha McDaniel seconded the motion and motion was unanimously approved by a vote of 5-0.

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

· Amendment to UDO-A-99-12: Article 5: AR-1 Agricultural and Residential-Section 503: Permitted Uses and Section 504: Development Standards (Increase in Square Footage to 1250, Change of Manufactured Homes and Industrialized Homes from Permitted by Right to Permitted by Special Exception, Subdivision of Property).

Chairman Kendall asked County Attorney Fortune, the County’s Parliamentarian to address the procedural posture that the commissioners find themselves in tonight. Mr. Fortune commented that the motion made was for the amendment to pass; however the vote was 2 for and 3 against which defeated the motion. After that there was no motion either to disapprove or table to a time certain so therefore the amendment was left in limbo with no action taken and the amendment stayed on the agenda for whatever action the Board deemed appropriate.

Chairman Kendall stated that he felt like the only way this could be voted on again is for one of the commissioners who voted for this motion to bring back up on a motion for reconsideration. Zoning Attorney Newton Galloway was also present and he addressed this issue also. He said this was tied up in two things, the Zoning Procedure Act and the Board of Commissioners’ general procedures. He said there were case law that says that a motion of reconsideration of an action after the zoning hearing is inappropriate. He said that we have had to apply that to both Mr. Bolton and Mr. Pruitt who asked for reconsideration of adverse zoning decisions they faced by you. Under the general procedures it takes two readings for any code amendment.

County Attorney Fortune stated that there is nothing in Robert’s Rules of Order to cover this situation as it does not address two readings; however it does say that the Parliamentarian is required to make a ruling as to what the proper procedure is to be and Mr. Fortune stated that he had made his ruling that the motion is in limbo.

Motion made by Commissioner Childres to approve UDO-A-99-12 on second reading. Commissioner Martha McDaniel seconded the motion. Chairman Kendall asked if there was any other discussion. Commissioner Johnie McDaniel stated as before that he would like to see the Board wait until we have specific criteria for the special exception. Commissioner Kendall also commented that he felt like the Board was making a huge mistake from a procedural standpoint, preferential standpoint in doing this because every time someone is disgruntled they will try to use this as a mechanism by which to point to as the Board went back and reconsidered something and especially since within 60 to 90 days we will come back and undo all this anyway.

Chairman Kendall called the question at this time. The motion passed by a vote of 3-2 with Commissioners Kendall and Johnie McDaniel voting against. The Resolution is as follows:

RESOLUTION AMENDING

THE ZONING ORDINANCE OF SPALDING COUNTY, GEORGIA

WHEREAS, the Board of Commissioners of Spalding County, Georgia under the Constitution and Laws of the State of Georgia is empowered by virtue of its police power to regulate the health, safety and welfare of the citizens of Spalding County to provide for and enact zoning and developmental regulations;

WHEREAS, the Board of Commissioners of Spalding County, Georgia enacted the current Zoning Ordinance of Spalding County, Georgia on January 4, 1994 and therein adopted the Official Zoning Map of Spalding County, Georgia, in Article 23, Section 2301, et. seq.;

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

WHEREAS, such text amendments to the Zoning Ordinance of Spalding County were reviewed by the Spalding County Planning Commission, and a hearing on the text amendments to the Zoning Ordinance of Spalding County was conducted by the Board of Commissioners of Spalding County, Georgia on September 23, 1999 and December 2, 1999 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 shall be and is hereby amended as follows:

Section 1: The following provisions shall be deleted from the Zoning Ordinance of Spalding County, Article 5, "AR-1 Agricultural-Residential District:" Section 503(A)(1), Section 503(A)(2), Section 503(A)(3), Section 504(A), Section 504(B) and Section 504(Y). Section 503(A)(2) and Section 503(A)(3) shall appear as "Reserved."

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

Section 503: Permitted Uses.

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

1. Site-built, single-family detached dwelling with a heated floor area of at least 1,250 square feet.

Section 3: The following provision shall be added to Article 5, "AR-1 Agricultural and Residential" of the Zoning Ordinance of Spalding County to appear as Section 504(A):

Section 504: Development Standards for AR-1 Districts.

A. Minimum Heated Floor Area per Dwelling Unit: 1,250 square feet

Section 4: The following provision shall be added to Article 5, "AR-1 Agricultural and Residential" of the Zoning Ordinance of Spalding County to appear as Section 503(B)(17):

Section 503: Permitted Uses.

B. The following Principal Uses are permitted as Special Exceptions in AR-1 districts:

17. Industrialized home with a heated floor area of at least 1,250 square feet.

Section 5: The following provision shall be added to Article 5, "AR-1 Agricultural and Residential" of the Zoning Ordinance of Spalding County to appear as Section 503(B)(18):

Section 503: Permitted Uses.

B. The following Principal Uses are permitted as Special Exceptions in AR-1 districts:

18. Class A manufactured home with a heated floor area of at least 1,250 square feet.

Section 6: The following provision shall be added to Article 5, "AR-1 Agricultural and Residential" of the Zoning Ordinance of Spalding County to appear as Section 504(Y):

Section 504: Development Standards for AR-1 Districts.

Y. Subdivision Prohibited: In order to maintain the rural quality of property located within AR-1 zones, subdivisions, as defined by the Zoning Ordinance of Spalding County, Appendix A, the Spalding County Subdivision Ordinance, Section 202QQ are prohibited. In addition thereto, any division of property within an AR-1 zone into five (5) or more tracts, irrespective of the size of any individual tract therein, shall comply with the requirements for Preliminary and Final Plats set forth in the Zoning Ordinance of Spalding County, Appendix A, the Spalding County Subdivision Ordinance, Sections 404-405 and Sections 408-410.

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

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

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres and unanimously approved the Board took a five (5) minute recess.

The Chairman called the meeting back to order.

XI. NEW BUSINESS

1. Consider approval of request from Shelter Rescue and the Newnan-Coweta Humane Society. The request was to allow them to rescue animals available for adoption from our animal shelter with fees waived. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the request was unanimously approved by a vote of 5-0.

2. Consider proposal from OMNICOM, Inc. to design an 800 MHz Communications system for $18,765.85. Motion made by Commissioner Childres to approve with the City of Griffin paying half the cost. Commissioner Martha McDaniel seconded the motion and motion was unanimously approved by a vote of 5-0.

3. Consider approval of Final Plat:

Stanfield West-Phase IV: John T. Bolton, Owner-23 lots, zoned R-2 (Conditioned upon final inspection approval or posting of bond. Upon motion by Commissioner Childres, seconded by Commissioner Johnie McDaniel plat was unanimously approved by a vote of 5-0.

4. Consider approval of Alcoholic Beverage License for Jung Wun Kwun d/b/a Griffin Farmer’s Market, 1650 N. Hill Street, Retail Sales—Beer—2000 License. Upon motion by Commissioner Childres, seconded by Commissioner Martha McDaniel license was approved by a vote of 4-1 with Commissioner Johnie McDaniel voting against.

5. Set qualifying fees for the Upcoming General Primary and General Election of Year 2000. This is 3% of annual salary of these positions. After a discussion regarding State Court motion made by Commissioner Kendall to table setting qualifying fees until the next regular scheduled meeting. Commissioner Johnie McDaniel seconded the motion and motion was unanimously approved by a vote of 5-0.

6. Ms. McDaniel desires to discuss the recent amendment to the R-5 zones, UDO-A-99-20. Mrs. McDaniel stated that when the motion was made at the last meeting she thought she was voting for a special exception across the Board on minimum square footage and not just manufactured homes. The same reason she was so interested in having a special exception is because of the lack of the timeliness by our Planning & Zoning Board on decisions to be made particularly with reference to going in and using some other form of compatibility study. She said she felt like is was very prudent for us to go back and allow for a special exception not only for a manufactured home but also a stick built home. This needs to go back to Planning & Zoning Board and go through the necessary steps to be acted on by the Board of Commissioners.

Motion made by Commissioner Martha McDaniel to send this R-5 zoning amendment to Planning & Zoning Board with recommendation that there be an ordinance developed for a special exception for site built and manufactured homes less than 1250 sq. ft. until the compatibility standards are in place. Commissioner Childres seconded the motion and the motion passed by a vote of 3-2 with Commissioner Kendall and Commissioner Massengale voting against.

7. Mr. Kendall desires to discuss SPLOST improvements at City Park. It had been discussed that the money allocated for City Park be placed back in the budget and staff had looked at what needed to be done which was to install new heating and air and expand the gym and had received a proposal which costs more than what had been budgeted. Mr. Kendall wanted to know the status of this project and what we can afford to do at City Park. Mr. Louis Greene, Parks and Recreation Director, addressed the Board. He said that Mr. Kendall had stated today that his main concern at this time is to get the spectators off the floor and restrict them to a bleacher area. To get the bleacher space will require a structural engineer because a wall will probably have to be removed to expand the area. Mr. Greene commented that he felt like staff could have a report to them by the 1^st meeting in February as to the most cost-effective project to do. Mr. Greene stated that it was impossible to do the expansion and the heating and air.

Commissioner Kendall also asked County Manager Ruffin about the leases from the City of Griffin on the City Park Gym. Mr. Ruffin stated that he has scheduled a meeting with Mr. Chaffin next week regarding the implementation schedule of 489 for this year, which includes recreation leases.

8. Consider appointments for Boards, Authorities and Commissions beginning January 1, 2000. Motion made by Commissioner Martha McDaniel, seconded by Commissioner Childres and unanimously approved to table these appointments until the next regular scheduled meeting.

Motion made by Commissioner Martha McDaniel, seconded by Commissioner Kendall to amend the agenda to reschedule the January 17^th meeting. Motion was unanimously approved by a vote of 5-0.

Motion made by Commissioner Kendall, seconded by Commissioner Martha McDaniel to reschedule the January 17, 2000 meeting to Tuesday, January 18, 2000 at 6:00 p.m. Motion was unanimously approved by a vote of 5-0.

XII. REPORT OF COUNTY MANAGER

County Manager Ruffin stated that we need to have a special meeting in February to discuss a fire fleet maintenance and replacement program as we are adding a new fire station and we have got to prepare for this. There will be a vendor present to present their proposal. Mr. Ruffin proposed a date of Monday, February 28, 2000. He asked that this meeting be held at the Gary Reid Fire Station. Motion made by Commissioner Kendall to have a special called meeting Monday, February 28, 2000 at 6:00 p.m. at the Gary Reid Fire Station. Commissioner Martha McDaniel seconded the motion and motion was unanimously approved by a vote of 5-0.

XIII. REPORT OF COMMISSIONERS

Commissioner Massengale had no comments.

Commissioner Johnie McDaniel stated he would like for the Board to consider whether or not they need to revisit prohibition of subdivision in AR-1 that expired at the end of 1999. He asked that maybe this should be put on the January 18, 2000 agenda for discussion. The Board agreed.

Commissioner Johnie McDaniel stated that Mr. Allan McCallum has spent a lot of time making suggestions for improvements for citizen participation and he feels they should get review and be place on a follow-up agenda. He said some of the suggestions he likes and he intends to review these. Chairman Kendall suggested that Mr. McDaniel review these suggestions on behalf of the Board and bring these back to the commissioners on a future agenda for discussion.

Commissioner Johnie McDaniel discussed board appointments. He said that he had a very good class at ACCG on board appointments and made a suggestion that appointments open be placed on the Internet and make known available maybe through the news media.

Commissioner Martha McDaniel also addressed board appointments being advertised for people to know what positions are open. He felt it would be a good idea to place these open appointments on the Community Page of the Griffin Daily News.

Commissioner Childres had no comments.

Commissioner Kendall stated that last year we had talked about being more consumer friendly and allowing people to participate in local government. He said if more people like Mr. McCallum would participate in their government we could see the effect on them and they would have more respect for the Commissioners and the staff.

Commissioner Kendall again thanked the commissioners for appointing him to the chairman seat this year and stated that he would do his very best not to embarrass anybody.

Commissioner Kendall commented that he would like to see the other commissioners what he intends to do, which is that all the boards that he is appointed to, he will make a report back to the commissioners at a meeting. He said since the Board last met he attended the Hospital Authority Meeting. He said that the county has a tremendous asset in the Hospital Authority. It was reported that the hospital assets had grown $800,000 since October of last year till now. He said that it was seriously imperative that the taxpayers resume control of this money, not to dictate but for the public to be ultimate in charge of.

XIV. CLOSED MEETING

Upon motion by Commissioner Childres, seconded by Commissioner Johnie McDaniel the Board voted unanimously to go into Closed Session to discuss the following:

1. A Closed Session is requested to discuss:

· Future Acquisition of real property

· Pending Litigation

· Personnel

Those present were Commissioners Martha McDaniel, Earle Childres, Merrill Massengale, Johnie McDaniel and Michael Kendall, County Manager Mike Ruffin, Deputy County Manager William Wilson, County Attorney Jim Fortune and Executive Secretary Phyllis Doane.

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 January 3, 2000.

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

The executive session was called to order at 9:00 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);

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 3rd day of January 2000.

Chairman

Spalding County Board of Commissioners

Sworn to and subscribed

Before me this 3rd day of January 2000.

Notary Public

My commission expires: March 18, 2002

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

Upon motion by Commissioner Kendall, seconded by Commissioner Martha McDaniel and unanimously approved the agenda was amended to consider and approve two (2) contracts.

The first contract was the future acquisition of real property. Commissioner Kendall stated that this is a contract between Spalding County and Mr. Terry Hatchett for purchase of 12.585 acres, two (2) tracts of land on Memorial Drive for a purchase price of $2 Million. Motion made by Commissioner Kendall to approve contract. Commissioner Childres seconded the motion and motion was unanimously approved by a vote of 5-0. The contract is as follows:

STATE OF GEORGIA

SPALDING COUNTY

SALES CONTRACT

The undersigned Buyer agrees to buy and the undersigned Seller agrees to sell, the following tract of land and any improvements located thereon:

All that tract or parcel of land lying and being in Spalding County, Georgia and being more particularly described on Exhibit “A” attached hereto and made a part hereof.

The purchase price of said property shall be: Two Million and no/l00-- ($2,000,000.00)—Dollars to be paid in cash at closing.

The earnest money paid at the execution of this contract shall be credited to, and subtracted from this amount at closing.

Buyer has paid to the undersigned Seller, receipt whereof is hereby acknowledged $40,000.00 as earnest money, to be applied as part payment of the purchase price of said property at the consummation of this sale; and if this sale, due to Buyers default, is not consummated, then said earnest money shall be forfeited. In the event the sale is not consummated for reasons other than the default of Buyer, said earnest money is to be refunded to Buyer. The parties expressly agree and understand that the retention of the earnest money by the seller shall be the sole remedy of the seller against the buyer under this agreement in the event of default by the buyer. In this regard, the right of specific performance of this agreement shall not be an available remedy under this contract.

Seller agrees to furnish good and marketable title to said property and Buyer shall have a reasonable time in which to examine the same. If Buyer finds any legal defects to title, Seller shall be furnished with a written statement thereof and given a reasonable time in which to correct same. It is agreed that such papers that may be legally required to carry out the terms of this contract shall be executed and delivered by the parties at interest as soon as the validity of the title to said property has been established. Title that is furnished by seller shall be such that Chicago Title Insurance Co. will insure by standard form of Owner’s policy of Chicago Title Insurance Company, subject only to the usual policy exceptions; ad valorem taxes for the current year and easements for service

Utilities.

Said property is sold subject to Zoning ordinances affecting the same and easements for utilities serving captioned property.

This contact contains the sole and entire agreement between the parties and no modification hereof shall be binding unless attached hereto and signed by each; and no

representations, promises or inducements shall be binding upon either party except as herein stated.

The following special stipulations shall, if conflicting with the above matter, shall control:

SPECIAL STIPULATIONS

1. Sellers shall provide a warranty deed conveying captioned property at closing,

an owners affidavit stating that title is free of liens, judgments, taxes and any other documents necessary to convey marketable title described above.

2. Buyers shall pay all other closing costs.

3. Real Estate property taxes for the year 2000, shall be prorated between the Seller and Buyer as of the date of closing using the most recent tax amounts for these purposes.

4. Rent due from the tenants on captioned property shall be prorated between the Seller and Buyer as of the date of closing.

5. The seller shall provide a list of all tenants and the terms and condition of their leases

which shall include amount of rent paid and security deposits being held. Seller shall provide at closing an affidavit listing all tenants and leases that concern the above captioned property and the terms of each lease.

6. Seller shall transfer and assign all leases and security deposits on captioned property to the Buyer and shall transfer the outside lighting utility accounts of the Seller to Buyer at closing.

7. This sale shall be closed on or before sixty days following the execution of this contract.

8. The parties acknowledge that there is no rent being paid on the video store (883 East Taylor Street) and the Oxford Shop (835 East Taylor Street). The parties agree that there will be no rent pro ration as to these two (2) properties.

9. The buyer and sellers agree that there is no personal property being conveyed by this contract. This contract conveys only the real property of seller.

10. The parties agree that the seller shall have thirty (30) days from the date of closing to vacate the video store located at 883 East Taylor Street. During this thirty (30) day period the seller shall not be required to pay any rent whatsoever.

IN WITNESS HEREOF, the undersigned hereby affix their hands and seals this

3^rd day of January, 2000.

SELLER:

(L.S.) R. Terry Hatchett

BUYER:

Board of Commissioners of

Spalding County, Georgia

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

Chairman

Exhibit “A”

All that tract or parcel of land lying in the City of Griffin in Land Lot 175 of the 2^nd Land District of originally Monroe, now Spalding County, Georgia, and containing 11.370 acres and being more particularly described on that plat prepared for Georgia Commercial Properties Corporation by Griffin Engineering Co., recorded in Plat Book 17, page 742, Clerk’s Office, Superior Court, Spalding County, Georgia. This plat and its metes, bounds, courses and distances is hereby incorporated by reference herein.

Also, all that tract or parcel of land lying in the City of Griffin in Land Lot 175 of the 2^nd Land District of originally Monroe, now Spalding County, Georgia, and being that tract entitled “Not Included” which is bounded on the southwest by Memorial Drive and on the northwest by Cemetery Street on that plat prepared for Georgia Commercial Properties Corporation by Griffin Engineering Co. recorded in Plat Book 17, page 742, Clerk’s Office, Superior Court, Spalding County, Georgia. This plat and its metes, bounds, courses and distances is hereby incorporated by reference herein. This tract is more particularly described in that deed recorded in Deed Book 961, page 155, Spalding County, Georgia deed records.

Also, all that tract or parcel of land lying in the City of Griffin in Land Lot 175 of the 2^nd Land District of originally Monroe, now Spalding County, Georgia, and being that tract entitled “Not Included” on that plat prepared for Georgia Commercial Properties Corporation by Griffin Engineering Co. recorded in Plat Book 17, page 742, Clerk’s Office, Superior Court, Spalding County, Georgia, which is more particularly described as follows: Beginning at a point where the east line of Land Lot 175 of the 2^nd Land District of originally Monroe, now Spalding County, Georgia intersects the northeasterly right of way of Memorial Drive (Georgia Highway No. 7); thence North 0 degrees 06 minutes east 262.0 feet to a point; thence North 87 degrees 43 minutes West 160.0 feet to a point; thence South 17 degrees 17 minutes East 150 feet to a point lying on said right of way; thence South 42 degrees 33 minutes East 169.87 feet to the point of beginning. The above plat and its metes, bounds, courses and distances is hereby incorporated by reference herein.

The second item is to consider contract of Mr. Michael M. Ruffin, County Manager. Motion made by Commissioner Martha McDaniel to approve the following contract. Commissioner Johnie McDaniel seconded the motion and motion was unanimously approved by a vote of 5-0.

EMPLOYMENT AGREEMENT

COUNTY MANAGER/BOARD OF COMMISSIONERS

THIS AGREEMENT made and entered into this 3rd day of January 2000, by and between the Board of Commissioners of Spalding County, Georgia, hereinafter called “Employer”, and Michael M. Ruffin hereinafter called "Employee", both of whom understand and agree as follows:

WITNESSETH:

WHEREAS, Employer desires to employ the services of said Michael M. Ruffin as County Manager of the County of Spalding County, Georgia, as provided by the Official Code of Georgia and County Code; and

WHEREAS, it is the desire of Employer, to provide certain benefits, establish certain conditions of employment, and to set working conditions of said Employee; and

WHEREAS, it is the desire of Employer to (1) secure and retain the services of Employee and to provide inducement for him to remain in such employment, (2) to make possible full work productivity by assuring Employee's morale and peace of mind with respect to future security, and (3) to provide a just means for terminating Employee's services for cause or at such time when Employer may otherwise desire to terminate his employ; and

WHEREAS, Employee desires to accept employment as County Manager of said County Manager of said Spalding County, Georgia.

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

Section 1. Duties.

Employer hereby agrees to employ said Michael M. Ruffin County Manager of said Employer to perform the functions and duties specified in such Code of Ordinances of Spalding County, Georgia, and to perform other legally permissible duties and functions as Employer from time to time may assign.

Section 2. Term.

A. Nothing in the Agreement shall prevent, limit or otherwise interfere with the right of Employer to terminate the services of Employee at any time, subject only to the provisions set forth in Section 4, Paragraphs A and B of this Agreement.

B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his position with Employer, subject only to the provision set forth in Section 4, Paragraph D of this Agreement.

C. Employee agrees to remain in the exclusive employ of Employer until December 31, 2000, and neither to accept other employment nor become employed by any other employer until said termination date, unless said termination date is affected as hereinafter provided.

The term "employed" shall not be construed to include occasional teaching, speaking, writing or consulting activities performed on the employee's time off.

In the event written notice is not given by either party to this Agreement to the other ninety days prior to December 31, 2000 or any year for which this Agreement may be renewed, then this Agreement shall be extended on the same terms and conditions as herein for an additional year beginning January 1, 2001 and continuing to December 31, 2001. Said Agreement shall continue to be renewed each year thereafter unless either party hereto gives ninety days written notice to the other that that party does not wish to extend this Agreement for an additional one-year term.

Section 3. Suspension.

Employer may suspend Employee with full pay and benefits at any time during the term of this Agreement upon the vote of a majority of Employer.

Section 4. Termination and Severance Pay.

A. In the event Employee is terminated by Employer before expiration of the aforesaid term of employment for reasons other than cause, then in that event, Employer agrees to pay Employee a lump sum cash payment equal to six months aggregate salary, six months for expense allowances and six months for Employee's cost of COBRA continuation. Further, compensation shall be provided for Employee's accrued annual leave, setoff time and sick leave. Employer must give Employee a minimum of sixty (60) days notice of termination for other than cause. During said sixty (60) day period, Employer shall continue to pay employee full pay and benefits under this contract.

B. In the event Employer at any time during the term of this Agreement reduces the salary or other financial benefits of Employee for other than cause in a greater percentage than an applicable across-the-board reduction for all employees of Employer, then, in that event, Employee, may, at his option, be deemed to be "terminated" at the date of such reduction within the meaning and context of the herein severance pay provision.

C. In the event Employee resigns upon a majority vote of the Employer, then in that event the Employee shall be deemed terminated.

D. In the event Employee voluntarily resigns his position with Employer before expiration of the aforesaid term of his employment, then Employee shall give Employer sixty days notice in advance, unless the parties otherwise agree. Employee's resignation shall not obligate Employer to provide any severance pay described in this section. However, Employer shall pay Employee for accrued annual leave, sick leave and offset time.

Section 5. Salary.

Employer agrees to pay Employee for his services rendered pursuant to hereto an annual base salary of $92,627 payable in installments at the same time as other employees of Employer are paid. In addition, Employer agrees to increase said base salary and/or other benefits of Employee in such amounts and to such extent as Employer may determine that it is desirable to do so on the basis of an annual salary review of said Employee made at the same time as similar consideration is given to other employees generally. Employee shall receive general cost-of-living adjustments in the same form and manner as other employees of the Employer.

Section 6. Hours of Work.

Employee is an exempt employee who is expected to engage in those hours of work, which are necessary to fulfill the obligations of his position of employment. Employee does not have pre-established hours as he is expected to be available at all times.

Section 7. Outside Activities.

Employee shall not spend more than ten hours per week in teaching, counseling or other non-Employer connected business without the prior approval of Employer.

Section 8. Annual Leave, Sick Leave, Etc.

Notwithstanding the provisions of this contract relative to termination of employment, the employee shall be subject to and governed by, the general personnel policies for county employees regarding the accrual of vacation, sick leave, other forms of leave and holidays.

Section 9. Automobile Allowance.

Employee's duties require that he shall have the exclusive and unrestricted use at all times during his employment with Employer of an automobile. Employee shall provide his own automobile and maintain a current valid operator's license. Employer agrees to pay Employee an additional monthly salary in the amount of $450.00. Employee is solely responsible for all costs and expenses for the purchase, repair, maintenance, operation, insurance, license, registration costs or other expenses associated with such automobile. Employee is solely liable for the payment of any fines or fees upon a conviction of a violation of any traffic law or traffic ordinance. Employer agrees to pay Employee $.25 per mile for travel outside the geographical boundaries of Spalding County.

Section 10. General Expenses.

Employer recognizes that certain expenses of a non-personal and generally job-affiliated nature are incurred by Employee and hereby agrees to

reimburse Employee upon presentation of receipt.

Section 11. Health Care Benefits & Insurance.

Employee shall be entitled to receive all Health Care, Life Insurance and Disability Insurance benefits offered to all other County employees, with no lapse of coverage for involuntary separation for a period of six months following the involuntary termination date. Employer also agrees to pay on behalf of employee the sum of $3,090 to provide full health care benefits for his dependents. In addition, Employee shall receive a $5,000.00 allowance on July 1 of each year for the purpose of purchasing other benefits as deemed necessary by the Employee.

Section 12. Retirement.

Employee shall not be subject to the general policies of the County regarding retirement as the same exists or may hereafter be amended due to the unique nature of his employment and profession. In lieu thereof, Employer shall pay to employee an amount equal to 13 1/2% of employee's annual salary on or before December 31 of each calendar year. Said distribution may be invested by employee at his sole discretion. However, payment by the County will be in accordance with the rules and regulations governing the payment of same promulgated by the Internal Revenue Service of the United States of America, and employee shall be responsible for any and all income tax liability, both federal or state, in respect to same.

Section 13. Dues and Subscriptions.

Employer agrees to budget and pay for the reasonable professional dues and subscriptions of Employee necessary for his continuation and full participation in national, regional, state and local associations and organizations necessary and desirable for his continued professional participation, growth and advancement, and for the good of Employer.

Section 14. Professional Development.

A. Employer hereby agrees to budget and pay for the reasonable travel and subsistence expenses of Employee for professional and official travel, meetings and occasions adequate to continue the professional development of Employee and to adequately pursue necessary official and other functions for Employer, including but not limited to the Annual Conference of the International City/County Management Association, ACCG, NACO and such other national, regional, state and local government groups and committees thereof, which Employee serves as a member. Said expenses shall be subject to budget limitations and County travel policies.

B. Employer also agrees to budget and pay for the reasonable travel and subsistence expenses of Employee for short courses, institutes and seminars that are necessary for his professional development and for the good

of Employer. Said expenses shall be subject to budget limitations and County travel policies.

Section 15. Bonding.

Employer shall bear the full cost of any fidelity or other bonds required of Employee under any law or ordinance.

Section 16. Indemnification.

Employer shall defend, save harmless and indemnify Employee against any tort, professional liability, claim or demand or other legal action, arising out of an alleged act or omission occurring in the performance of Employee's duties as County Manager except for those instances where the act or omission of Employee rises to the level of gross negligence, reckless conduct or intentional acts. Employer will litigate, compromise and/or settle any such claim or suit and pay the amount of any settlement or judgment rendered thereon.

Section 17. Other Terms and Conditions of Employment.

A. Employer, in consultation with the Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, County Ordinances or any other law or policy.

B. All provisions of the County Code, and regulations and rules of Employer relating to vacation and sick leave, holidays, and other fringe benefits and working conditions as they now exist or hereafter may be amended, shall also apply to Employee as they would to other employees of Employer, in addition to said benefits enumerated specifically for the benefit of Employee as herein provided.

C. Employee shall be entitled to receive the same vacation and sick leave benefits as are accorded department heads, including provisions governing accrual.

Section 18. Notices.

Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows:

(1) Employer: Chairman

Spalding County

Board Commissioners

119 East Solomon Street

County Annex

Griffin, Georgia 30223

(2) Employee: Michael M. Ruffin

210 Grayfield Road

Griffin, Georgia 30224

Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice in the course of transmission in the United States Postal Service.

Section 19. General provisions.

A. The text herein shall constitute the entire Agreement between the parties.

B. This Agreement shall be binding upon and inure to the benefit of the heirs at law and executors of Employee.

C. If any provision, or portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect.

IN WITNESS WHEREOF, Employer has caused this Agreement to be signed and executed in its behalf by its Chairman and duly attested by its Deputy County Clerk, and Employee has signed and executed this Agreement, both in duplicate, the date and year first above written.

BOARD OF COMMISSIONERS OF

SPALDING COUNTY

(L.S.) M. Michael Kendall Chairman

ATTEST:

(L.S.) Phyllis P. Doane

Deputy County Clerk

Approved as to form:

(L.S.) James R. Fortune, Jr.

County Attorney

Spalding County

(L.S.) Michael M. Ruffin

Employee

XV. ADJOURNMENT

Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Massengale the meeting was unanimously adjourned.

County Clerk/County Manager Chairman

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