Minutes

l\flNUTES
REGULAR MEETING OF THE
COLQUITT COUNTY BOARD OF COMMISSIONERS
Tuesday, November 3, 2015
7:00 o'clock p.m.
CALL TO ORDER: The meeting was called to order at 7:00 o'clock p.m. by Chairman
Terry R. Clark.
PRESENT: Those present were Commissioners Winfred Giddens, Marc DeMott, Donna
Herndon, Paul Nagy, Johnny Hardin, and Chairman Terry R. Clark. Also present were
County Administrator Chas Cannon, County Attorney Lester Castellow and County Clerk
Melissa Lawson.
ALSO PRESENT: Kevin Hall, Reporter with the Moultrie Observer.
ABSENT: Commissioner Luke P. Strong, Jr.
INVOCATION AND PLEDGE OF ALLEGIANCE: The invocation was given and
the pledge of allegiance led by Commissioner Johnny Hardin.
APPROVAL OF MINUTES OF :MEETINGS HELD OCTOBER 6 & 20:
Commissioner DeMott made the motion to approve minutes of meetings held on October 6
& 20. Commissioner Nagy made a second. The motion carried unanimously.
CITIZENS HAVING BUSINESS WITH THE COUNTY: Jennifer Fabbri,
Coordinator of the Colquitt Superior Substance Abuse/Mental Health Treatment Court
Program, addressed the board. Mrs. Fabbri stated that the mission statement of the court,
which began in 2013 under the leadership of retired Superior Court Judge Frank Horkan,
was to provide treatment services to individuals facing substance abuse and/ or mental health
issues. Mrs. Fabbri stated that she strongly believed in the program, with Colquitt County
being the only county in the Southern Judicial Circuit to have a drug treatment court. Mrs.
Fabbri spoke of the success of recent graduates, stating that keeping these individuals out of
jail saved the county money, as well as improved the quality of life of the affected
individuals. In closing, Mrs. Fabbri thanked the board, declaring that if the Board had not
agreed to fund a match portion to grant funds, there would be no program.
APPROVAL OF PAYMENT OF LIST OF UNPAID INVOICES: Commissioner
Nagy made the motion to approve payment of the list of unpaid invoices. Commissioner
Herndon made a second. The motion carried unanimously.
APPROVAL OF TAX RELIBFS AND ADDITIONS: Commissioner Hardin made
the motion to approve the list of tax reliefs and additions. Commissioner Giddens made a
second. The motion carried unanimously.
County Administrator Chas Cannon presented the following agenda items:
APPROVAL OF FAMILY CONNECTION CONSULTING CONTRACT:
Commissioner DeMott made the motion to approve the consulting contract, as presented,
with Janet Sheldon, Execute Director of the Colquitt County Family Connection
November 3, 2015
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Collaborative on Children and Families. Commissioner Nagy made a second. The motion
carried unanimously.
APPROVAL OF l\IBMORANDUM OF UNDERSTANDING - COUNTY
PHYSICIAN: Commissioner Nagy made the motion to approve the Memorandum of
Understanding, as presented, between Colquitt County and Dr. Woodwin Weeks, County
Physician. Commissioner Hardin made a second. The motion carried unanimously.
APPROVAL OF PAYMENT OF INVOICE - EDMUNDS & ASSOCIATES,
INC.: Commissioner Hardin made the motion to approve payment of the invoice
submitted by Edmunds & Associates Inc., in the amount of $15,074.00, representing license
and maintenance fees for calendar year 2016. Commissioner Herndon made a second. The
motion carried unanimously.
APPROVAL OF PAYMENT OF INVOICE-JAMES, BATES, BRANNAN, &
GROOVER: Commissioner DeMott made the motion to approve payment of the invoice
submitted by the law firm of James, Bates, Brannan, & Groover, in the amount of
$42,903 .86, concerning legal services rendered regarding litigation filed against the county by
Northlake, LLC/Lynn Lasseter. Commissioner Giddens made a second. The motion
carried unanimously.
APPROVAL OF ADOPTION OF AUTHORIZING RESOLUTION HAZARDOUS WASTE TRUST FUND: Commissioner Herndon made the motion to
adopt Resolution 2015-R-ll, authorizing reimbursement from the Department of Natural
Resources - Hazardous Waste Trust Fund. Commissioner Hardin made a second. The
motion carried unanimously. (Resolution 2015-R-11 is hereby made a portion of the
minutes by reference thereto.)
APPROVAL OF ADOPTION OF AUTHORIZING RESOLUTION - 5311
RURAL TRANSIT FUNDS: Commissioner Giddens made the motion to approve
Resolution 2015-R-12, authorizing the Southwest Georgia Regional Commission to apply
for rural transit funds of behalf of Colquitt County. Commissioner Hardin made a second.
The motion carried unanimously. (Resolution 2015-R-12 is hereby made a portion of the
minutes by reference thereto.)
APPROVAL OF BID FOR USED 1OR1.5 TON TRUCK VAN- ROADS &
BRIDGES DEPARTMENT: Commissioner Hardin made the motion to approve the
low and recommended bid from TransPower, Inc., in the amount of $16,700.00, regarding
the provision of a used van type body truck to be utilized by the Roads & Bridges
Department. Commissioner Nagy made a second. The motion carried unanimously.
APPROVAL OF BID FOR % TON 4X4 TRUCK - COUNTY AGENT:
Commissioner DeMott made the motion to approve the recommended bid from Robert
Hutson Ford, in the amount of $24,018.00, regarding the· provision of a% ton 4x4 truck to
be utilized by the County Extension Office. Commissioner Herndon made a second. The
motion carried unanimously.
November 3, 2015
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BID FOR USED CARGO VAN - COUNTY CORONER - TABLED:
Commissioner Nagy made the motion to table the bid received regarding a used cargo van to
be utilized by the County Coroner. Commissioner Hardin made a second. The motion
carried unanimously.
APPROVAL OF AMENDl\ffiNTS TO THE COUNTY PERSONNEL POLICY:
Commissioner Herndon made the motion to approve amendments to the county personnel
policy, as presented. Commissioner Nagy made a second. The motion carried unanimously.
BEER AND WINE LICENSE APPLICATION FOR ON-PREMISES
CONSUMPTION: At this time, Lester M. Castellow, County Attorney, stated that the
board recently made an administrative decision to amend the alcohol ordinance to allow for
the on-premises consumption of beer and wine. In order to obtain approval, Mr. Castellow
stated that strict requirements must be met, although no public hearing was required. Mr.
Castellow called upon Justin H. Cox, Chief Compliance Officer, to present the application.
Mr. Cox stated that Ashburn Hill Plantation met all requirements of the application,
including inspection by the Compliance Office and State Fire Marshall Office. Mr. Cox
further stated that all current codes and safety codes as adopted by the county and state had
been met.
APPROVAL OF BEER & WINE LICENSE APPLICATION FOR ONPREMISES CONSUMPTION
ASHBURN HILL PLANTATION Commissioner Nagy made the motion to approve the license application submitted by
Ashburn Hill Plantation for the on premises consumption of beer and wine. Commissioner
Hardin made a second. Those in favor were Commissioners Nagy, Hardin, Herndon, and
DeMott. Opposed was Commissioner Giddens.
APPROVAL OF REQUEST TO BEGIN ROAD CLOSURE PROCEDURES PORTION OF EARNEST NORMAN ROAD - Commissioner Giddens made the
motion to commence road closure procedures for a portion of Earnest Norman Road.
Commissioner Nagy made a second. The motion carried unanimously.
OTHER COUNTY BUSINESS FROM COUNTY ADMINISTRATOR: At this
time, Mr. Cannon addressed items received after the agenda deadline.
APPROVAL OF MOTION TO SELECT TAYLOR INSURANCE SERVICES
AS SUPPLEl\ffiNTARY BENEFITS PROVIDER AND TO REMAIN WITH
TAYLOR BENEFIT RESOURCE FOR SELF FUNDED DENTAL
INSURANCE WITH INCREASED PREMIUMS: Commissioner DeMott made the
motion to select Taylor Insurance Services as the provider of supplemental benefits to county
employees, and to remain with a self-funded dental program administered by Taylor Benefit
Resources, with increased dental premiums. Commissioner Nagy made a second. The
motion carried unanimously.
November 3, 2015
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Public Hearings
The following public hearings were duly called and advertised for the purpose of three
rezoning requests and a request for major subdivision. Lester M. Castellow, County
Attorney, called the public hearing to order:
Mr. Cox stated that he would present three separate requests for rezoning, with approval of
the request for major subdivision being contingent upon approval of the preceding rezoning
requests.
Request/or Rezoning-Mr. Cox presented the first request for rezoning from Mr. Ed Wasdin,
requesting to rezone four acres located at the 1800 Block of Doerun Norman Park Road
from AG to R-1/R-lMH to allow for a residential subdivision. Mr. Cox presented an aerial
view of the property and informed the board that the property was duly posted and
advertised.
Requestfor Rezoning- Mr. Cox presented the second request for rezoning from Mr. Ed
Wasdin, requesting to rezone 13.29 acres located at the 200 Block of Davis Road from AG
to R-1/R-lMH to allow for a residential subdivision. Mr. Cox presented an aerial view of
the property, stating that the property was duly posted and advertised.
Requestfor Rezoning- Mr. Cox presented the third request for rezoning from Mr. Ed
Wasdin, requesting to rezone 16.11 acres from AG to R-1/R-lMH to allow for a residential
subdivision. Mr. Cox presented an aerial view of the property, stating that the property was
also duly posted and advertised.
Mr. Castellow asked for any comments in support of the requests for rezoning.
Ed Wasdin, applicant, addressed the board. Mr. Wasdin stated that he purchased the
property in question twenty years ago, and further stated his belief that Colquitt County was
in need of residential lots. Mr. Wasdin declared that residential lots would attract
manufacturing and industry, and stated that he had met all requirements of subdivision rules
and regulations.
Mr. Wasdin stated that he had imposed deed restrictions from day one, stating that to date,
he has heard no complaints regarding the deed restrictions.
Mr. Wasdin stated that, if approved, his subdivision would enhance property, while allowing
people to live the "American Dream." Mr. Wasdin declared his belief that it would be a
great injustice to deprive someone of that opportunity.
Lester Castellow, County Attorney, requested clarification from Mr. W asdin that he did
impose deed restrictions. Mr. Wasdin replied in the affirmative.
Mr. Castellow asked for any comments in opposition to the requests for rezoning.
Jeremy Meads, resident of Doerun - Norman Park Road, addressed the board. Mr. Meads
stated that he purchased his property in 2010, paying fair market value due to the covenants
November 3, 2015
Pages
included in the sale. Mr. Meads stated that he did not understand how Mr. Wasdin could
change covenants that he himself imposed on others, voicing his concern that mobile homes
would decrease his property value.
Mr. Castellow questioned Mr. Meads regarding traffic conditions on the Doerun - Norman
Park Road.
Mr. Meads stated that traffic was very heavy on the road, comparing it to an expressway.
Mr. Meads also stated that the road needed to be resurfaced.
Mr. Wasdin approached the board again, stating that he did not sell property to Mr. Meads,
but rather to an individual who in tum sold to Mr. Meads.
Mr. Castellow questioned the current use of the property and the surrounding land. Mr.
W asdin replied that it contained planted pines, with surrounding land being primarily Ag
land.
Mr. Castellow questioned the use of property mentioned in the other requests for rezoning.
Mr. Wasdin replied that it was mainly pasture land used for cattle.
Mr. Castellow questioned if any commercial establishments were in close proximity to Mr.
W asdin's property. Mr. Wasdin stated that the only business he was aware of was a deer
stand construction business.
At this time, Mr. Castellow questioned the condition of Moye Road and David Road. Mr.
W asdin replied that Davis Road was a good road and stated that he had worked with the
road department in the past to improve it. Mr. Wasdin stated that he had signed a petition
to get Moye Road paved, and discussed negotiations with the county to get it paved. Mr.
W asdin also stated that Moye Road needed to be widened.
Debra Crosby, resident of Moye Road, addressed the board. Ms. Crosby stated that she had
previously questioned the Roads & Bridges department regarding their maintenance
schedule of the roads in question, with the department responding with a letter describing
their maintenance schedule in detail. Ms. Crosby read the letter aloud, stating that the Road
& Bridge department described Moye and Davis Roads as requiring the most attention of
any roads in the northern quadrant of the county. Ms. Crosby stated that the roads could
not accommodate the additional traffic that a residential subdivision would require. Ms.
Crosby also voiced her concerns regarding decreased property values as a result of the
subdivision.
Karey Howard, resident of Moye Road, addressed the commission. Ms. Howard stated that
her main concern was the condition of the roads and their ability to accommodate additional
traffic. Upon heavy rain, Ms. Howard stated that the school bus would not travel the roads.
Ms. Howard also spoke of the deed restrictions placed upon her property when it was
purchased.
Ken Weaver, resident of Doerun Norm.an Park Road, addressed the board, stating that his
family has owned the property on which he resides since 1961. Mr. Weaver stated that,
November 3, 2015
Page6
according to the proposed subdivision, one lot would be within 25 to 30 feet of his front
door. He further stated that the Doerun - Norman Park Road was a heavily traveled road
and spoke of the bad condition of Davis Road. Mr. Weaver also voiced his concern
regarding the installation of septic tanks encroaching upon the ability of surrounding farmers
to irrigate their crops, as well as the overall security of the area.
Libby Holden, resident of Davis Road, addressed the board. Mrs. Holden referred to an
article published in the Moultrie Observer where she pleaded for assistance with road
conditions. Upon heavy rainfall, Ms. Holden stated that Davis Road was impassable. Ms.
Holden stated that she had lived in this location for forty years, surviving a total home loss
due to fire and rebuilding from scratch.
Mr. Castellow asked for any further comments. There being no further comments in
opposition to the applications for rezoning, this public hearing was closed.
Mr. Castellow called the next public hearing to order, and called upon Justin H. Cox, Chief
Compliance Officer, to present the application for Request for Major Subdivision.
Mr. Cox began by reiterating that approval of the Request for Major Subdivision was
contingent upon approval of the Requests for ReZoning.
Mr. Cox stated that the proposed name of the subdivision was Edinburgh Estates, and stated
that it would be comprised of all acreage presented as part of the requests for rezoning, for a
total of 31.40 acres and 20 building lots. Mr. Cox stated that the all lots would have private
septic tanks and wells and would utilize existing public roadways.
Mr. Cox presented an aerial view of the proposed subdivision.
At this time, Mr. Castellow asked for any comments in favor of or in opposition to the
proposed request for major subdivision.
Debra Crosby addressed the board to reiterate that the roads could not accommodate the
additional traffic that would occur if the subdivision were approved.
Jeremy Meads stated that the subdivision should contain the same restrictions as the ones
imposed on his property. Mr. Meads further stated that surrounding property values would
decrease as a result of the subdivision.
Ken Weaver stated that he feared for the security of the area if the subdivision was
permitted.
Ed Wasdin addressed the board, declaring that he had never been privy to so many
complaints regarding road conditions in the area. He further stated that he traveled the
roads in question daily, often hauling produce or crops without difficulty.
Mr. Wasdin stated that different covenants were applied to different parcels of property. He
further stated that he did, however, see the need to widen Moye Road.
November 3, 2015
Page 7
Commissioner Hardin questioned the distance between the individual parcels included in the
request.
Mr. Wasdin briefed Commissioner Hardin on the locations of the parcels.
Commissioner Hardin questioned the proximity of the lots to both Moye Road and Davis
Road. Mr. Wasdin replied that they were approximately V2 mile apart.
Karey Howard restated her opinion concerning road conditions and traffic on Moye and
Davis Roads.
Kalea Weaver addressed the board, stating that she loved her home on Doerun - Norman
Park Road. Ms. Weaver also voiced her concern that her property value would decrease as a
result of the proposed development.
There being no further comments from the audience, the public hearing was closed.
At this time, Commissioner Herndon stated that she felt for both those in favor of and those
in opposition to the proposed subdivision, stating that she herself lived in a place where she
would not want to be encroached upon by development.
Commissioner Herndon stated that she would like to research the situation, and stated that
she felt that each side possessed a valid argument.
Commissioner Giddens stated that he was in favor of development, but not when the
majority of surrounding property owners were so vehemently opposed to it. He further
stated that he was aware of the conditions of the roads in the area.
Commissioner Hardin stated that many in the audience were good friends and further stated
that the board in no way wanted to harm them. However, Commissioner Hardin stated that
zoning was created to direct and guide development, not to prohibit it.
Commissioner Hardin stated that certain guidelines were in place to develop subdivisions,
and declared that if a proposed development met those guidelines, it would be hard to deny
an individual the right to develop their property.
MOTION TO DENY REZONING REQUEST: Commissioner Giddens made the
motion to deny the rezoning request as submitted by Ed Wasdin regarding property located
at 485 Davis Road. The motion died for lack of a second.
Commissioner Hardin stated that the roads were narrow, and upon development of a
subdivision, it would be the county's responsibility to ensure the roads were passable and
safe.
Commissioner Nagy stated that he was sensitive to an individual's property rights, and
stated that as a commissioner it was his job to consider several factors, including economic
development, tax base, and the safety of citizens.
Commissioner Herndon stated that she was hesitant to make a hasty judgement.
November 3, 2015
Page 8
Commissioner Giddens stated that the opportune time to ascertain the condition of Moye
and Davis Roads was after a heavy rainfall.
Commissioner Herndon again stated that she would like to be fair to all parties involved
Discussion ensued regarding the legality of tabling the item pending further research.
APPROVAL OF MOTION TO RECESS FOR FIVE MINUTE BREAK:
Commissioner Nagy made the motion at 8:45 p.m. to recess for a five minute break.
Commissioner DeMott made a second. The motion carried unanimously.
The board reconvened the meeting at 9:03 p.m.
At this time, Mr. Castellow stated that he was originally concerned that the Zoning
Ordinance or Zoning Procedures Act required the board to make a decision. During recess,
Mr. Castellow stated that he researched both documents and stated that neither article
contained any such provision. As a result, Mr. Castellow stated that board had two options:
they could table the item or proceed with making a decision.
APPROVAL OF MOTION TO DENY REZONING REQUEST: Due to safety
aspects and knowledge, Commissioner DeMott made the motion to deny the rezoning
request by Mr. Ed Wasdin for property located at 485 Davis Road. Commissioner Giddens
made a second. Those in favor were Commissioners DeMott, Giddens, Nagy, and
Chairman Clark. Opposed were Commissioner Hardin and Commissioner Herndon.
APPROVAL OF MOTION TO DENY REZONING REQUEST: Commissioner
Giddens made the motion to deny the rezoning request submitted by Ed Wasdin for
property located at the 200 Block of Davis Road. Commissioner Nagy made a second.
Those in favor were Commissioners Giddens, Nagy, DeMott and Chairman Clark.
Opposed were Commissioner Hardin and Commissioner Herndon.
APPROVAL OF MOTION TO DENY REZONING REQUEST: Commissioner
Nagy made the motion to deny the rezoning request submitted by Ed Wasdin for property
located at the 1800 Block of Doerun Norman Park Road. Commissioner Giddens made a
second. Those in favor were Commissioners Nagy, Giddens, DeMott, and Chairman Clark.
Opposed were Commissioner Hardin and Commissioner Herndon.
At this time, Mr. Castellow stated that the application for major subdivision was a moot
point due to the denial of the rezoning requests.
There being no further business to come before the board, the meeting was adjourned at 9:09
p.m.
Approved
D.ocon..Qur-
11/J,QJ S
Colquitt County Resolution Number 2015-R-ll
RESOLUTION
Authorization to Execute Agreement Governing
Expenditures for State and Local Government Costs
WHEREAS, the Colquitt County Board of Commissioners has submitted an application to the Georgia
Department of Natural Resources, Environmental Protection Division ("EPD") in order to receive funds
from the Hazardous Waste Trust Fund; and,
WHEREAS, the EPD has submitted an Agreement Governing Expenditures for State and Local
Government Costs to the Colquitt County Board of Commissioners for execution; and,
NOW, THEREFORE, BE IT RESOLVED, by the Colquitt County Board of Commissioners that the
proposed Agreement is hereby approved and that the County Administrator is hereby authorized to
execute, on behalf of the Board of Commissioners, the referenced Agr eement and any other related
documents necessary to obtain the funding as provided therein; and,
BE IT FURTHER RESOLVED that the County Administrator is hereby authorized to talze any and all other
action, without further approval or action of this Board, which may be necessary or appropriate in order to
fully consummate and carry out the intent of the Agreement.
This
3rd
day of November, 2015.
Colquitt County Board oLCommissioners
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M;~sa La~son
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County Clerk
Colquitt County Board of Commissioners
58-6000806
FEDERAL ID#
CERTIFI CATION
I do hereby certify that the above is a true and correct copy of the Resolution duly adopted by the Colquitt
County Board of Commissioners on the 3rd day of November, 2015.
I furth er certify that I am the Coun ty Clerk of Colquitt County and that t he said Resolution has been duly
entered into the official records of Colquitt County and remains in full fotcfl "
ie~t this 3rd day of
Nov,ember, 2015.
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Meli~sa Lawson, Coun
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Clerk
Colqu tt County, Ge6rgia
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Colquitt County Resolution Number 2015-R-12.
AUTHORIZING RESOLUTION
BE1WEEN
COLQUITT COUNTY, GEORGIA
AND THE
SOUTHWEST GEORGIA REGIONAL COMMISSION
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH
THE GEORGIA DEPARTMENT OF TRANSPORTATION AND THE UNITED
STATES DEPARTMENT OF TRANSPORTATION, FOR A GRANT FOR
PUBLIC TRANSPORTATION ASSISTANCE UNDER SECTION 5311 OF THE
FEDERAL TRANSIT LAWS UNDER CHAPTER 53 OF TITLE 49 OF THE
UNITED STATES CODE.
WHEREAS, the Federal Transit Administration and the Georgia Department of
Transportation are authorized to make grants to non-urbanized areas for mass
transportation projects; and,
WHEREAS, the contract for financial assistance will impose certain obligations
upon applicants, including the provisions for 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 accordance 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; and,
NOW THEREFORE, BE IT RESOLVED BY COLQUITT COUNTY, GEORGIA:
1. The Southwest Georgia Regional Commission, hereinafter referred to as
"Official," is authorized to execute and file an application on behalf of the
Applicant, Colquitt County, Georgia, with the Georgia Department of
Transportation to aid in the financing of public transportation assistance
pursuant to Section 5311 of the Federal Transit Act.
2. 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.
3. 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.
4. That the Official is authorized to furnish such additional information as the US.
Department of Transportation or the Georgia Department of Transportation may
require in connection with the application of the project.
5. 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.
6. That the Official, while making application to or receiving grants from the
Federal Transit Administration, will comply with FTA Circular 9040. lG , FTA
Certifications and Assurances for Federal Assistance 2015 as listed in Appendix
A of this application and General Operating Guidelines as illustrated in Georgia
State Management Plan and Administrative Guide for Rural Public
Transportation Programs.
7. That the Official has or will have available in the General Fund the required
non-federal funds to meet local share requirements.
APPROYED AND ADOPTED, this
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Terry R. Clark, Chairman
Board of Commissioners
Colquitt County, Georgia
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3rd
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ATTEST:
Melissa Lawson, Coilli.ty Clerk
CERTIFICATE
The undersigned duly qualified and acting County Clerk of Colquitt County, Georgia
certifies that the foregoing is a true and correct copy of a Resolution adopted at the
Board of Commissioners regular meeting, duly called and held on Tuesday,
November 3, 2015.
Th~s 3rd
day of November, 2015.
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Melissa Lawson, County Clerk
Colquitt County, Georgia