PUBLIC HEARING – JUNE 7, 2004

A Public Hearing was held on the above date at 5:00 P.M. with the following members present: Mayor Ralph M. Owens, Eddie Floyd, Don Canady, Kay McGlennen, and Jason Macomson. Also present were: Peggy Bruce, Ruth Davis, Ruth Ann Gillespie, Jones Beasley, Charles Cawthon, Dennis Long, Lyndon Burgess, Denise Matthews, Franklin Co Citizen, Winston Clark, Coulene Clark, Liz Moulder, Jackie Moore, David Howell, Bonnie Bardey, Sandra Almond, Dianne C, Mauldin, Sally O’Barr, Brian Tyson, Gerald Harris, Susan Harris, Ethel Harris, Patricia Baugus, Mary H, Baugus, Clifford Baugus, Freddie Manley, Shirley Earl, James P. Crowe, P.L. Hitchcock, Andy Dove, Connie Roberson, Rita Parker Greenwood, Bill Greenwood, and Dave Bishop-Hartwell Railroad, City Attorney – Alan Ramsey, City Manager – Gary Fesperman, Asst City Clerk -Susan Gorman, and City Clerk – Angela V. Greer.

Mayor Owens called the meeting to order and welcomed everyone. The purpose of this hearing was to discuss the proposed closing of the Hartwell Railroad crossing to vehicular traffic at the intersection of Adams St and East Main Street.

Public comments were as follows:

Diane Mauldin – 244 Hartwell Road – opposed closing the crossing due to flow of traffic

from one side of town to the other.

Winston Clark – 165 Peachtree St – opposed closing the crossing due to direct route to banks and fire department issues.

Freddie Manley – 205 Bartson St – opposed closing the crossing due to the road being a main route to Hwy 17, he is opposed to the railroad company blocking the crossings, and letting the box cars free wheel with no guard at the crossing.

Clifford Baugus – 78 Felton St – opposed closing with no advantage to closing the street, road is in need of repair.

James P. Crowe – 76 Adams St – approves the closing of the crossing because of the traffic speeding up and down the road. He also stated that Adams St & Felton St. was the same width and that Councilman Jason Macomson said that Felton was more narrow.

Gerald Harris – 109 Adams St – was opposed but would like to see the street closed.

Susan Harris – 109 Adams St – if you don’t live on Adams St then you don’t know how fast traffic goes through.

Mr. Crowe then commented on the number of accidents at least three that he knew of that would be listed on East Main St going through to Adams St.

Ruth Whitworth – 285 Bluebird Lane – opposed to closing the crossing

Connie Roberson – 828 E Main St – opposed to closing the crossing

Mr. Baugus then rephrased his statement about the accidents on the street involving the railroad that there had not been any.

Peggy Bruce – 421 Hartwell Road – opposed to closing the crossing - she frequently uses this road and it would be extremely inconvenient to detour and that there are traffic problems at a lot of locations in town.

Ruth Davis – 566 Grogan Street – opposed to closing the crossing

David Howell – 515 Brookwood Dr – opposed – but would like for fireman to comment on it.

Jones Beasley – 586 Beasley Road – Fire Chief –City of Lavonia- couple issues ISO rating looks at street crossings – cannot not say that it would cause a problem with ISO rating but it could; you would have to get more clarification on that. He can name a few instances that it has – City of Elberton. The fire dept has used it in the past when Crawford St was blocked they used Adams St to get to the Columbia Farms fire.

Sandra Almond – 5116 Vickery St – opposed to closing the crossing

Pat Hitchcock – 870 East Main St – opposed to closing the crossing

Bonnie Bardey – 118 Beverly St – opposed to closing the crossing; she uses as a cut through road.

Dave Bishop – Hartwell Railroad – advised that railroad crossings were a big issue all over the state of Georgia. The main concern for closing the crossing are safety issues. Mr. Bishop cited that as a result of switching operations with Columbia Farms; this crossing is exposed to a higher than normal incidence of near misses. There is a high frequency on near misses of people not stopping for the train at this crossing and that because of the hump at this crossing vehicles were dragging. There is insufficient room between East Main and the crossing for a tractor trailer to maneuver. There is public access to the adjacent streets; 335 feet south to Crawford St and 1050 feet north at Burton Street. The biggest problem is that the public as a whole does not slow down for the train and by necessity of the switching operations here, cars will be moving back and forth across that street and that the issue is public safety and train accidents and as stated that the State & Federal government are after the railroad to close more crossings that would eliminate public crossing where there is a redundancy. In this case we feel like there is a redundancy and that the Crawford St crossing is only 335 feet away; and that this crossing is a flat grade with no hump and no real safety issues.

The other issue that someone had mentioned was tractor trailers; the movement of

tractor trailers through Columbia Farms, he does not know if it occurs on that street

totally but they have had incident reports that tractor trailers have moved through that area, and therefore that is the reason they submitted this to council and city for closure

of that crossing.

Mayor advised that would conclude the public hearing about the railroad and that they would not make any comment on it at this time he would like for the council to take time and think about what they want to do.

Patricia Baugus – 78 Adams St - advised that as far as she knew that there are not supposed to be any tractor trailers on Adams St or Felton St, so as far as using that for a reason—and if you are going to hold this in abeyance I wish that you would do a traffic study or safety study to find out what kind of accidents have occurred on that railroad crossing, if any have occurred and let the public know through the Franklin Co Citizen.

Mayor Owens again concluded the hearing.

Councilman Jason Macomson advised that the city attorney sent him a notice three days ago and to each of the council members, he suggested that because Mr. Macomson had written the letter in the paper, that he should recuse himself from this vote and discussion. Councilman Macomson then stated his concerns and views on this matter of writing this letter and giving answers to the people about where they as politicians stand on issues. Then went on to request that the City Attorney Ramsey recuse himself from these discussions because he was also the attorney for Hartwell Railroad.

Mr. Macomson then supplied documents of letters on legal matters and case summaries, and went on to explain his views of legal presentation of this matter.

Mr. Macomson then asks for comments. He stated that he was not going to recuse himself because it was unnecessary. Mayor Owens stated that he will not make a comment on the matter. Mr. Fesperman was asked for comments, he stated that he had no knowledge of what clients our attorney has.

Mayor Owens again stated that this hearing was concluded.

Mr. Ramsey then stated that they were not consulted by Hartwell Railroad about this request in any way. If there is a conflict then they would certainly recuse themselves, if there is a dispute between railroad and the City they would certainly recuse themselves. In a small town and small areas, lawyers represent lots of people who sometimes have issues on the other side that does not actually come to a head, and if this thing does not come to a head; then we will probably not recuse ourselves and represent the City on other matters and the railroad on other matters.

Mr. Ramsey has stated that he has appeared here today because City Attorney John Dickerson was unable to attend. Mr. Ramsey stated that he has not commented and does not plan to comment because he does not have a vote, all he does is sit here. If it becomes necessary for John to recuse himself from representing the City or for Mr. Ramsey to recuse himself from representing the railroad in an issue between the two entities then they certainly would.

Councilman Floyd then asked when they would vote on this issue, Mayor Owens advised probably at the next council meeting

Mayor Owens adjourned the meeting at 5:30 P.M.

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Ralph M. Owens, Mayor Angela V. Greer, City Clerk