A public hearing was held by the Spalding County Board of Commissioners in their office in the Courthouse Annex, Thursday, September 28, 2000 beginning at 6:00 o’clock p.m. with Commissioners, Michael Kendall, Martha McDaniel, Merrill Massengale, Johnie McDaniel and Earle Childres present. Also present were County Manager Mike Ruffin, Community Development Director Michael Sabine, Zoning Attorney Newton Galloway and Executive Secretary Phyllis Doane.

Application #00-47S: Theresa L. Stubbs, Owner – 208 Ginny Lane – requesting a Special Exception to allow a Class A Manufactured Home in the AR-1 District. Ms. Theresa L. Stubbs gave her address as 201 Elizabeth Street and stated she was the applicant. She said she was requesting to put a manufactured home on her land that she has purchased.

Chairman Kendall stated that the report showed that Staff and Board of Appeals recommended approval of this application.

Application #00-49S: Delois T. Finney, Owner – Sinclair Oconee Homes, Agent – 210 Vaughn Circle (Lot 24) – requesting a Special Exception to allow a Class A Manufactured Home in the AR-1 District. Ms. Delois T. Finney gave her address as 5919 Monterey Drive, Morrow, GA and stated she was the applicant. She said she was requesting to put a manufactured home on her property at 210 Vaughn Circle.

Commissioner Martha McDaniel stated that the report showed that Staff and Board of Appeals recommended approval of this application.

Commissioner Martha McDaniel stated that the report showed that Staff recommended approval of this application.

Amendment to UDO #A-00-18: Article 2. Definitions of Terms Used – Section 203:A & S – Conventional Construction and Class A Manufactured Homes – add provision for breezeway requirements. Zoning Attorney Newton Galloway stated that this amendment would prohibit any thing being connected to a mobile home by means of a breezeway or a corridor.

Amendment to UDO #A-00-19: Article 2. Definitions of Terms Used – Housing Definitions: Industrialized Home – Section 203:R – redefine Industrialized Home.

Amendment to UDO #A-00-20: Article 5. AR-1 Agricultural and Residential - Section 503:A(2), Article 6. AR-2, Rural Reserve – Section 603:A(3), Article 8. R-2 Single Family Residential – Section 803:A(2), and Article 11. R-5 Single Family Residential – Section 1103:A(2) - add Industrialized Homes as Permitted Uses.

Other Business

1. Discussion regarding operation of Section 5311 Public Transportation Program.

Mr. Michael Sabine, Community Development Director, addressed this item. He commented that the situation at the present time is that the county is paying 100% of the deficit operating cost of the Rural Public Transportation Program in Spalding County. This means that the county is not receiving DOT operating assistance at the present time. He said that we are in a position where we need to authorize the Resolution should we like to participate in the program for the 2001 calendar year. The deadline for this is September 30, 2000. He said that it needed to be decided if the program is going to be operated independently or with the five-county through McIntosh Trail Regional Development Center.

Chairman Kendall commented that this Program is serving the people who we intended to serve. He said that the problem is the convoluted manner in which the DOT and DHR costs these programs out is causing us a problem because the participation has far exceeded any thing that we initially planned for. Because of all the participation of the rider ship of the DHR, the DOT has determined that we are not eligible for any matching for participating reimbursements. They have come to the conclusion that we do not need any help and therefore the county is not getting any money from DOT. The cost is $8.00 with the rider paying $2.00 and the County paying the other $6.00. What we need to resolve is do we intend to continue to subsidize this program and if so how much are we willing to subsidize and how far and who is going to administer this program if we decide to continue with this subsidy.

Commissioner Martha McDaniel stated at the beginning of this program, they were assured by the numbers that in fact the taxpayers of Spalding County would not have to pick up the tab. She said this has not happened and that she is very disappointed in the transportation program. She said that she believes in the Public Transportation Program; however, does not see Spalding County benefiting if we continue working with McIntosh Trail. She suggested that Spalding County take over this program.

Mr. Sabine gave some suggestions on how we can recoup on the subsidy from DOT. He presented two scenarios.

Scenario A shows if we continue working with McIntosh Trail, it will cost $91,800 based on 12,500 trips times $6.00 (after $2.00 fare box is applied) plus reserve of fare box deficit reserve in the amount of $1,500, minus $26,088, which would have been the subsidy from DOT. The $91,800 does not include any administrative fee from McIntosh Trail, which would bring the cost between $92,000 to $95,000.

Scenario B shows if we do this in house with Spalding County working with a private contractor operating day-to-day; it will cost $45,000 with the same analysis on the trips and being subsidized by DOT in the amount of $37,500. This would not include hiring a person to administer this program, which would probably be a Planner and that would bring the total between $72,000 to $75,000.

Chairman Kendall stated that he was not at all interested in the county taking over any administrative duties for the transportation program. He said the whole concept was for this to be a regional approach and a model for the whole state and make it work. He said that people in Atlanta need to figure out a way to make it work.

Commissioner Massengale commented that it’s not like we haven’t had this problem before and we should take heed. He said that we need to take a really good look at this before we subject the taxpayers of Spalding County to this.

Chairman Kendall commented that he was not interested in hiring any staff to administer this program. He said that he sees no problem with subsidizing this program some and keeping the administration with McIntosh Trail.

Mr. Lanier Boatwright, Executive Director of McIntosh Trail Regional Development Center addressed this issue. He said that estimating 12,500 trips is pretty high. He said during the six month history we currently have with the third party operator, which is Trans Star, region wide we have only 6,000 trips on the public vehicles. He said the region wide figure was to cap the trips at 10,000. He said that they did not anticipate the extreme increase in the DHR Purchase of Service. He said they were trying to increase the public rider ship. He said that the problem they were experiencing was the DHR vehicles. He said when you look at the total number of trips which is 31,874 and 24,980 were DHR trips; he said they were trying to work away to increase the public rider ship.

County Manager Ruffin stated he feels that the long and short of it is that we are subsidizing the DHR component because of their trips being too low and it is costing us.

County Manager Ruffin commented that the deadline for the Application is September 30, 2000 and this is the reason for this being discussed tonight.

Commissioner Childres commented that he liked the idea of being in control of your own destiny and he liked Scenario B.

There was a discussion regarding the hiring of an additional person to administer this program. Mr. Sabine commented that this person would administer the Public Transportation Program, the CSBG Program, if the Board decides to administer this program, and would also help with zoning in the Community Development Department.

2. Consider Resolution authorizing participation in the Section 5311 rural and small urban Public Transportation Program for 2001 Calendar Year. Upon motion by Commissioner Martha McDaniel, seconded by Commissioner Childres the following Resolution was approved by a vote of 3-2 with Commissioners Kendall and Massengale voting against.

WHEREAS, the Federal Transit Administration and the Georgia Department of Transportation are authorized to make grant to non-urbanized areas for mass transportation projects; and

WHEREAS, the contract for financial assistance will impose certain obligations upon applicant, including the provision by it of the local share of project costs; and

WHEREAS, it is required by the United States Department of Transportation and the Georgia Department of Transportation in accord with the provisions of Title VI of the Civil Rights Act of 1964, that in connection with the filing of an application for assistance under the Federal Transit Act, the applicant gives an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and under the United States Department of Transportation requirements thereunder; an

That the Chairman, M. Michael Kendall hereinafter referred to as the Official is authorized to execute and file an application on the behalf of the Applicant, a City/County government, with the Georgia Department of Transportation to aid in the financing of public transportation assistance pursuant to " Section 5311 of the Federal Transit Act."

That the Official is authorized to execute and file such application and assurances or any other document required by the U.S. Department of Transportation and the Georgia Department of Transportation effectuating the purpose of Title VI of the Civil Rights Act of 1964.

That the Official is authorized to execute and file all other standard assurances or any other document required by the Georgia Department of Transportation or the U.S. Department of Transportation in connection with the application for public transportation assistance.

That the Official is authorized to furnish such additional information as the U.S. Department of Transportation or the Georgia Department of Transportation may require in connection with the application of the project.

That the Official is authorized to execute grant contract agreements on behalf of the Applicant with the Georgia Department of Transportation in connection with the application for public transportation assistance.

That the applicant while make application to or receiving grants from the Federal Transit Administration will comply with FTA Circular 9040.1E, FTA Certifications and Assurances for Federal Assistance 1999 as listed in Appendix H, and General Operating Guidelines as illustrated in Appendix C of the Georgia State Management Plan and Administrative Guide for Rural Public Transportation Programs.

That the Applicant has or will have available in the General Fund the required non-federal funds to meet local share requirements.

3. Consider program administration for 2000-2001 CSBG grant. Motion made by Commissioner Martha McDaniel that Spalding County administer the 2000-2001 CSBG Grant. Commissioner Childres seconded the motion. Motion passed by a vote of 3-2 with Commissioners Kendall and Massengale voting against the motion.

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

STATE OF GEORGIA

COUNTY OF SPALDING

AFFIDAVIT OF CHAIRMAN

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

1.

The Spalding County Board of Commissioners met in a duly advertised meeting on September 28, 2000.

2.

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

3.

The executive session was called to order at 7:30 p.m.

4.

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

No Consultation with the county attorney or other legal counsel to discuss pending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions brought or to be brought by or against the county or any officer or employee or in which the county or any officer or employee may be directly involved as provided in O.C.G.A. § 50-14-2(1);

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

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

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

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

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

exempting the topic)_____________________.

This the 28th day of September 2000.

Spalding County Board of Commissioners

Sworn to and subscribed

Before me this 28th day of

Notary Public

My commission expires: March 18, 2002

No business was transacted at this time.

Adjournment.

 

County Manager/County Clerk Chairman

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