• Proposes a one-percent regional sales and use tax to fund all modes of transportation for a period of ten years.
• The bill establishes 12 special tax districts based on existing regional commission boundaries. Counties may not opt out of or switch regions.
• A new “Regional Transportation Roundtable” is established in each regional commission comprised of every county chair and one mayor from each county. If more than 90% of the total county population resides in cities, the county will have an extra mayor on the roundtable. The roundtables meet twice, both times at the call of the DP.
• Each roundtable elects five of its members to serve on an executive committee. In addition, the House and Senate Transportation Committee Chairmen appoint two state representatives and one state senator, respectively, to serve as non-voting members of the executive committee.
• The GDOT Director of Planning (DP), who is appointed by the Governor, facilitates the planning process within each region. The planning process consists of three stages:

STAGE ONE (Criteria)

Within 60 days after Governor approves SSTP
GDOT Director of Planning provides local governments and MPOs with draft district investment (i.e. project assessment) criteria drawn from the Statewide Strategic Transportation Plan.

September 30, 2010
Local Governments and MPO’s submit comments on the criteria to the DP.

November 10, 2010
Mayors select the municipal representatives for each county for the district’s Regional Transportation Roundtable.

November 15, 2010
DP submits final recommended assessment criteria for each district and calls the first of two meetings of the regional roundtables.

Flexible
The Regional Transportation Roundtables meet to amend and approve the DP’s investment criteria and elect members for the Executive Committees.

STAGE TWO (Project List)

Flexible
Local Governments and MPOs receive comments from members of the General Assembly within their districts and then submit project requests to the DP.

DP will use the districts’ investment criteria to assess projects, assemble a “list of example investments,” and deliver it to each executive committee.

Executive Committees consult with the DP and choose from the “list of example investments” to create a “draft investment list” for consideration by the full Regional Transportation Roundtable.

August 15, 2011
The DP sends the final “draft investment list,” as approved by the executive committees, to all necessary parties and calls the second and final meeting of the Regional Transportation Roundtables. With the “draft investment list,” the DP must include a statement of the specific public benefits expected from each project on the list.

Local governments, legislators and MPOs may submit comments on the “draftinvestment lists” to the Director of Planning and executive committees up until two weeks prior to the final meeting.

Two town halls must be held in each region to receive public input on the draft lists. The executive committees send a summary of comments to the DP and full roundtables.

October 15, 2011
Roundtables meet and must approve or reject the “draft investment list.” If the roundtables reject the list, they may make amendments by choosing from the “list of example investments” initially provided by the DP to the executive committees.

If no list is approved by a majority of the members of the roundtable, a “special district gridlock” shall be declared and no election will be held in the region. As a consequence, every local government within the region must provide a 50-percent match to receive any Local Maintenance Improvement Grants (formerly LARP and State Aid) from GDOT. In addition, the region cannot try again for at least two years.

STAGE THREE (Referendum)

2012 General Primary
Georgia citizens in regions that approved an “investment list” will vote on whether to approve a one-percent sales tax to fund the list. Votes will be tallied by region and the tax will only be levied in regions where a majority of the voters approve.

If the voters in a region fail to pass the referendum, every local government within must provide a 30-percent match to receive any Local Maintenance Improvement Grants. If the voters pass the referendum, every local government within must provide only a 10-percent match.

• The state may not redirect any state or federal transportation funds designated for a region because they pass the tax.
• In the metro Atlanta region, 15% of the funds raised will be returned based on a modified LARP formula (based on the percentage of road miles and population in each jurisdiction compared to the entire region) to each county and city for discretionary local transportation projects. In other regions, 25% of the funds will be returned based on the same formula. The funds may be used as match for state funds.
• The Georgia State Financing and Investment Commission (GSFIC) serves as trustee and disburses funds to the Georgia Department of Transportation (GDOT) upon request for managing the projects. The Georgia Regional Transportation Authority (GRTA) manages metro Atlanta transit projects.
• A five-member Citizens Review Panel appointed by the Speaker and Lt. Governor is charged with overseeing the governance and administration of the projects and programs included on the investment list. The panel may require any reports deemed necessary from the state, counties or cities.
• Exemptions from the tax include motor fuel; jet fuel; off-road fuel for heavy-duty, farm or agricultural equipment; locomotive fuel; public mass transit fuel; the sale or use of energy used in manufacturing or processing tangible goods; and building and construction materials. In addition, the tax is only levied on  the first $5,000 of any transaction involving the sale or lease of a motor vehicle.
• Before conclusion of the 10-year levy, the list development process and ballot may be reinitiated per a majority of the district’s counties and a special act of the General Assembly. The process is the same if a region’s voters reject the tax following a 24-month waiting period.
• 100 percent of funds stay within the region in which they were collected.
• Exempts the regional transportation tax from the 2% cap on local sales and use taxes.
• Any portion of a region’s revenues may be used for transit capital and maintenance & operations (M&O) (except for MARTA which may only pay for M&O of new capital outlays made after January 1, 2011).
• Revenues may be used to fund a 20-year reserve for a region’s transit maintenance & operations requirements.

TRANSIT

• Creates a standing Georgia Coordinating Committee for Rural and Human Services Transportation to encourage efficient delivery of rural transit and statewide human services transportation programs.
• Creates a Transit Governance Study Commission to examine the feasibility of combining all of the metro Atlanta regional public transportation entities into an integrated regional transit body. A preliminary report is due by December 31, 2010 and a final report, including any recommended draft legislation, is due by August 1, 2011, at which time the commission will stand abolished.

MARTA

• Suspends the 50/50 restriction on MARTA’s expenditures for a 3-year period (restricted from use on salary and wage increases).
• Reforms the MARTA Board, reducing it from 18 members to 11 members, by removing three state appointees and appointees from counties that do not levy a sales tax to fund the system. The new board will consist of three residents of the City of Atlanta, four residents of DeKalb County, three residents of Fulton County and the GDOT Commissioner. GRTA’s Executive Director is a non-voting member.
• Authorizes Clayton County to hold a referendum on the question of levying a one-percent sales tax to join MARTA and thereby restore C-Tran service.

OTHER PROVISIONS

• Requires the Senate Transportation Committee to approve the Director of Planning appointed by the Governor (the House Transportation Committee already does).
• The regional sales tax becomes effective on January 1, 2011. The remaining provisions of the legislation become effective upon the signature of the Governor or upon its becoming law without such approval.

In little more than a decade personal wireless communication devices have gone from a luxury enjoyed by few to a near-necessity relied on by many. A recent study by the Centers for Disease Control estimates that approximately 25% of households in Georgia have “cut the cord” and now rely entirely on wireless devices for their personal communication needs. In some jurisdictions, more than 85% of all emergency (E-911) calls are made using wireless devices. At home, at work, and in between wireless devices and wireless communication have become an essential part of our everyday lives.

As the number of people using wireless mobile devices has skyrocketed, the devices themselves have rapidly evolved from simple cellular telephones to sophisticated handheld computers. Users not only make phone calls, but send and receive electronic messages, surf the internet, download music and videos, and perform a host of other functions ranging from simple to sophisticated. It seems as though there’s an “app” for almost everything, with more available on a daily basis. In fact, it is anticipated that within a few years the majority of Americans will access the internet using a wireless device.

As more and more Georgians use an increasing array of wireless voice, data, and broadband services the demand on the underlying wireless infrastructure continues to grow. In response to this astonishing growth, and in recognition of the importance wireless communication plays in personal, business, and emergency communication around the State, the Georgia General Assembly recently passed the Advanced Broadband Collocation Act (the “Act”), which Governor Perdue signed into law on May 24, 2010 (O.C.G.A. §§ 36-66B-1 through 36-66B-4). The Act grew out of cooperative discussions over many months involving the Association County Commissioners of Georgia, the Georgia Municipal Association, local governments, and the wireless industry, and establishes a streamlined, consistent process for the installation or upgrade of facilities necessary to increase the availability of advanced wireless communication services throughout Georgia.

As indicated by its title, the Act applies only to “collocation” – the placement of new wireless facilities (such as a new antenna array) on a previously approved and constructed tower or other support structure along with the placement of equipment within the existing equipment compound, and “modification” – the improvement, upgrade, expansion, or replacement of existing wireless facilities on an existing tower or support structure and within an existing equipment compound. In these cases, the land use or zoning decision involving the original location of the telecommunications tower or other support structure already has been made, and the General Assembly concluded that detailed zoning or land use analysis was unwarranted simply to collocate on or modify such existing facilities. The Act has no impact on local land use and zoning decisions involving the location of new towers or support structures.

When an application for collocation or modification meets several criteria set forth in the Act, it must be reviewed using the streamlined process provided in the Act. The proposed new or modified facility must not increase the height or width of the existing tower or support structure, it must not increase the dimensions of the existing equipment compound, it must comply with all original conditions of approval for the site, and the additional equipment must not exceed the weight limits for the tower or support structure, as demonstrated by a letter from a licensed structural engineer.

This streamlined process requires local jurisdictions to treat a qualifying application for collocation or modification generally as it would any other application for site plan or building permit approval. Such reviews can be carried out using existing staff, just as other building plan reviews are performed. No additional zoning review is permitted – aside from what is typically done for building permits. No radio frequency information or other technical documentation intended to “prove the need” or otherwise justify the carrier’s business decision may be required of the applicant. To safeguard the ability of local first responders to communicate, the local government may require a letter certifying that the proposed wireless facility will not interfere with local emergency communications.

Finally, reflecting a recent Declaratory Ruling by the Federal Communications Commission, the Act establishes a maximum 90-day period for local review and final action on applications for collocation or modification. Consistent with these federal rules, if the local government determines an application is incomplete and notifies the applicant in writing within 30 days after the application is filed, the 90-day period does not resume until the applicant responds with the required information.

For many local governments in Georgia, the Advanced Broadband Collocation Act will have little or no effect on how they review applications for collocation or modification. These jurisdictions’ ordinances already distinguish between the land use and zoning decisions involved in the initial siting of telecommunication towers and the inherently administrative process of issuing permits for the installation of equipment on existing facilities. For others, some revisions may be required in order to comply with the law and ensure the timely deployment of wireless facilities to support personal, business and emergency communications throughout Georgia. Local planners are in the best position to work with their city or county attorney to review their local ordinance to make sure it complies with the Act and, if necessary, to make the minor revisions necessary to reflect the Act’s requirements.

HB 277 Regional Transportation Sales Tax
(Conference Committee Report)
This legislation allows for a one-percent transportation sales tax approved regionally. The referendum to approve the tax is scheduled statewide, except in regions that opt out before the referendum, in the summer of 2012. Regions are based on Regional Commission boundaries and unique lists of projects will be developed in each region based on state priorities and local input. A new regional roundtable made up of county chairs and a mayor from each county will be set up this fall. The roundtables will meet to approve a project list or may decide to opt out of the tax. Voters may also reject the tax in their region. However, minimum match requirements for state transportation funds will be higher in regions that opt out or where voters do not approve the tax. A percentage of the overall revenues collected in each region (15% in metro Atlanta; 25% in every other region) will be returned directly to counties and cities based on a modified LARP formula for discretionary transportation projects. In addition to the regional sales tax, this legislation establishes a statewide human services transportation coordinating council and a metro Atlanta transit study commission.

SB 305 Increase Use of Design-Build and Create Intermodal Division at GDOT
(Sen. Jeff Mullis, 53rd)
This legislation doubles the amount of projects that the Department of Transportation can let under the design build delivery method to 30 percent of the total amount of construction projects awarded in the previous fiscal year through July 1, 2014. After that, it reverts to 15 percent. The legislation was amended to also create an intermodal division at GDOT.

SB 354 Allow Abandonment of County Roads if in Best Public Interest
(Sen. David Shafer, 48th)
Under current law, county roads can only be abandoned by the Board of Commissioners when no substantial public purpose is served by the road. However, this legislation would also allow commissioners to abandon a road when they determine that it is in the public’s best interest to do so.

SB 458 Require Seatbelt Use in Trucks
(Sen. Don Thomas, 54th)
This legislation requires people in pick-up trucks, sport utility vehicles and vans to wear a seatbelt unless they are using the vehicle for farming operations.

SB 456 Allow County Officials to Serve on DDA Boards
(Sen. Jeff Mullis, 53rd)
This legislation removes the restriction prohibiting county and city officials from serving on the Board of Directors of Downtown Development Authorities that are designated as urban redevelopment agencies

HB 169 Georgia GIS Advisory Council
(Rep. Earl Carter, 159th)
This legislation requires the Department of Natural Resources to establish the Georgia Geospatial Advisory Council to audit Georgia’s GIS capabilities at the county, regional and state level. The Council shall make recommendations to the General Assembly on how to move forward in achieving governmental GIS interoperability for the benefit of Georgia citizens in the areas of floodplain management and notification, service delivery, transportation, public safety and economic development, among others.

HB 516 Can’t Restrict Industrialized Homes
(Rep. Jay Roberts, 154th)
This legislation prohibits counties and cities from treating industrialized buildings any differently from buildings constructed on site so long as the former is designed and constructed in compliance with the state minimum standards codes. All zoning, land-use, setback, subdivision regulation, and architectural and esthetic requirements are reserved to the local government; however, no ordinances can apply strictly to industrialized homes that don’t apply to stick-built homes.

HB 867 Create the Commission on Regional Planning in Statute
(Rep. Ron Stephens, 164th)
This legislation codifies the Commission on Regional Planning created through an Executive Order in 2009. The Commission is responsible for managing the relationship between the state and regional commissions. It will coordinate state contract terms, identify appropriate funding, coordinate planning of state and federal resources and identify issues and opportunities requiring state, regional or local action. The composition of the board is included in the legislation.

HB 1196 Prohibit Counties from Requiring Fire Sprinklers in Homes
(Rep. Terry England, 108th)
This legislation prohibits both state and local governments from adopting building codes requiring fire sprinklers to be installed in single family dwellings or duplexes.

SB 384 No Mobile Home Age Restrictions
(Sen. John Bulloch, 11th)
Under this legislation local governments cannot prohibit manufactured homes from coming into their communities (or being moved within) based solely on their age. However, counties and cities are allowed to set health and safety regulations and mobile homes will have to abide by all local zoning and land use ordinances.

SB 390 County and City Conservation Easements
(Sen. Earl Buddy Carter, 1st)
Under this legislation, cities and counties are allowed to sell or grant to any holder a conservation easement over any of their real property, including but not limited to any real property set aside for use as a park.

SB 390 County and City Conservation Easements
(Sen. Earl Buddy Carter, 1st)
Under this legislation, cities and counties are allowed to sell or grant to any holder a conservation easement over any of their real property, including but not limited to any real property set aside for use as a park.

SB 370 Comprehensive Water Package
(Sen. Ross Tolleson, 20th)
All state agencies addressing Georgia’s water issues have until August 1, 2010 to examine their programs, policies and rules and submit a report identifying opportunities to provide incentives for voluntary water conservation measures (for local water systems) and to enhance the state’s water supply. Public water systems serving at least 3,300 individuals will have to conduct standardized annual water loss audits (by January 1, 2012 for systems serving at least 10,000 individuals and by January 1, 2013 for all the rest). Rules for conducting and reporting these audits will be promulgated by theDepartment of Natural Resources. Additionally, all new multi-tenant residential, commercial and industrial buildings permitted after July 1, 2012 must have submetering installed and new construction must have toilets not to exceed 1.28 gallons per flush, showers that average less than 2.5 gallons of water per minute, lavatory faucets of no more than 1.5 gallons per minute and kitchen faucets not to exceed 2 gallons per minute. Local governments, responsible for enforcement, could grant certain, limited exemptions to these low-flow requirements.

SB 432 Advanced Broadband Collocation Act
(Sen. Lee Hawkins, 49th)
In order to encourage collocations over building new cell towers, SB 432 provides a streamlined collocation process whereby wireless providers are able to make modifications to their equipment on existing towers, or collocate equipment on existing towers, without going through an entire rezoning or additional special land use permit. The streamlined process would be available so long as the collocation does not increase the height or width of the tower, does not increase the footprint of the accessory equipment, and does not exceed applicable weight limits of the tower. Wireless companies still have to comply with any applicable site plan and building permit requirements set on the existing tower and would have to comply with zoning and land use requirements generally, including any conditions placed on the use when initially approved — and any subsequently-adopted amendments to such conditions of approval.

SB 346 – Overhaul of Property Assessment and Appeals Process
This legislation makes numerous changes to the state’s property tax assessment and appeals process. Major changes include:

• Every property owner will receive an annual notice of current assessment regardless if the property value has changed or not.
• The annual assessment notice shall contain an estimated tax bill. This estimate may or may not contain all the eligible exemptions.
• After a property owner receives their annual assessment they would have 45 days to file an appeal of assessed value instead of 30 days.
• Two or more counties, by an intergovernmental agreement, may establish a regional Board of Equalization.
• Non residential properties worth over $1 million in value may choose to have their appeal heard by hearing officer. The hearing officer must be either a state certified general real property appraiser or state certified residential real property appraiser and be approved by the Georgia Real Estate Commission and the Georgia Real Estate Appraisers Board.
• The Department of Revenue shall update the courses of instruction for members of Boards of Equalization.
• The sales price of the most recent arm’s length bona fide sale in any year shall be the maximum allowable fair market value for the next taxable year.
• The determination of fair market value of a real property shall not include the value of intangible assets.
• Cities and counties may by resolution or ordinance elect to receive payment for as valorem taxes in any form of payment.

Georgia Tech’s Fall 2010 IMPACT Speaker Series will kick off on Thursday, August 26,with Professor Muhammad Yunus, 2006 recipient of the Nobel Peace Prize for his work in developing the concept of microcredit and microfinance.

Yunus, who will discuss “Building Social Business,” will speak at 5 PM in LeCraw Audtiorium in Georgia Tech College of Management. Copies of his new book, Building Social Business: The New Kind of Capitalism that Serves Humanity’s Most Pressing Needs, will be on sale starting at 4 p.m. in the atrium outside LeCraw, and Yunus will be available to sign copies after his talk.

Held by the College of Management and the Institute for Leadership and Entrepreneurship, the weekly IMPACT series provides Georgia Tech students, alumni, and members of the Atlanta community a free opportunity to network and learn from high-tech entrepreneurs, venture capitalists, and notable business leaders.

“As we pursue a mission of ‘doing good’ and creating a more just, caring and sustainable future, we welcome the visit of Dr. Yunus,” says Professor Terry Blum, director of the Institute for Leadership and Entrepreneurship. “His visit will further the integration of the Georgia Tech community’s technological and business skills with our humanitarian purpose.”

Yunus, an economist and banker in Bangladesh, and the Grameen Bank were jointly awarded the Nobel Peace Prize for their efforts to “create economic and social development from below” through a delivery system to provide banking services for the rural poor.

The Grameen Bank, which began as a research project by Yunus in 1976 to explore a credit delivery service system for the rural poor, has reversed conventional banking wisdom by focusing on women borrowers, extending loans only to the very poorest borrowers, and dispensing of the requirement for collateral. Today, more than 250 institutions in nearly 100 countries operate micro-credit programs based on the Grameen Bank model.

Yunus has received national and international recognition for his work, including the Bangladesh President’s Award in 1978, Mother Teresa Award in 2006, and the Presidential Medal Of Freedom awarded by President Barak Obama in 2009. He is the author of seven books, including Banker to the Poor and A World Without Poverty.

Instrumental in establishing the Grameen Bank, Grameen America and Grameen Foundation, Yunus also serves on the board of directors of the United Nations Foundation.

NOTE: Yunus’ lecture is free and open to the public. No reservations are required, but please note that space is limited and seating is on first-come, first-served basis.

This session will be available as an archived streaming video after the presentation. For more information, visit the IMPACT Website.

http://www.ile.gatech.edu/programs/impact.html

Thursday, August 26, 2010
5:30 p.m. – 7:00 p.m.

West Architecture Building
1st Floor Atrium – Near the Galloway Cafe on the Georgia Tech Campus

• RSVP to Dracy Blackwell by Friday, August 20, 2010
• dracy.blackwell@coa.gatech.edu or call 404-894-2352
• Directions/Parking
• Download the PDF Flyer

Hosted by the Georgia Planning Association and the School of City and Regional Planning

As required by the current Bylaws of the Georgia Planning Association, Notice is hereby given that, pending approval by the Board of Directors, the membership of the Georgia Planning Association will consider and vote on proposed Amended and Restated Bylaws for the organization (the “Bylaws”) at the Chapter’s Annual Meeting on September 30, 2010 in Valdosta, Georgia. The Bylaws state the purpose of and govern all activities of the Chapter, including Chapter membership; the composition, election, powers, and responsibilities of Board members and Officers; meetings of the Board and membership; committee composition and responsibilities; and other important organizational matters. The specific changes to be considered by the Board include, but may not be limited to:

• Requiring a policy for financial reserves and a periodic audit to ensure the financial resources of GPA continue to be well managed;
• Revising election policies to allow for the use of electronic voting to elect the Board of Directors and Officers;
• Providing for the use of electronic media for voting by the Board;
• Revising the Board terms such that election of District Directors, AICP Directors, and Non-AICP Directors are staggered (i.e. not all in same year);
• Revisiting policies for Board composition, including the number and roles of the Board members and specific responsibilities of the District Directors; and
• Revising time-sensitivity of Board actions to reflect the volunteer nature of the organization.

Pending approval by the GPA Board of Directors in August, the proposed Bylaws will be available for review by the membership no later than August 31, 2010 (30 days prior to the Annual Meeting) on GPA’s website: www.georgiaplanning.org.

Should any GPA member have comments, questions, or concerns about the proposed Bylaws, or if any member would like to propose additional amendments, please contact any of the Bylaws Committee members (David Kirk, Tim Preece, Jeff Rader, Eric Bosman, or Paul Forgey), GPA President Jeff Watkins, or GPA Executive Director Jessica Gibson.

• Steve Cover
• Laura Keyes
• Richard Osborne

Each candidate will be submitting a statement that will be available in August.

- Jeff Watkins, AICP, President of the GA Chapter

I would like to thank the following members of the Nominations and Elections Committee for their time and commitment:

• Ms. Ellen Heath, Chairperson
• Mr. Dan Reuter
• Ms. Janeane Giarrusso
• Mr. Gary Cornell
• Mr. Paul DeCamp

Jeff Watkins, AICP, President Of The GA Chapter

City of Savannah presents “Development Services Overview & Initial Permitting through Project Close-out Procedures” on July 13, 2010.

- and -

Effingham County presents “Ordinance Updates & Development Procedures” on July 15, 2010,

Both sessions: 11:00 a.m. – 1:00 p.m.

(Lunch & Networking 11:00-11:30 a.m. , session will begin at 11:30 a.m.)

Location: 50 Park of Commerce Way, Savannah, GA 31405

City representatives will be available for live discussion and Q&A.

Seminar is FREE, lunch cost is $10.00 per person.

Please bring EXACT change or a check (company or personal)

Download flyers for further details.

2010 Effingham County Invitation
2010 City of Savannah Invitation

R.S.V.P. to Christi Chambers (912) 721-4148 or chambers.c@thomas-hutton.com by July 12, 2010, so we can get an accurate count for lunch and seating.

Seating is limited to 60—BOOK NOW to reserve your seat!