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714 acre annexation tabled by Statesboro Council, Sidewalk and street improvements approved

A large crowd of attendees at tonight's Statesboro City Council meeting exited the council chambers after the council decided to table agenda item 8, the public hearing about Blue Fern Management's request to annex 714 acres of property for the development of a mixed-use subdivision on Burkhalter Road.
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Burkhalter Village is a proposed 714 acre development

Statesboro City Council postponed the controversial annexation of 714 acres into the City at their regular bi-monthly evening meeting on Tuesday, August 20, 2024.  A capacity crowd attended the meeting expressing primarily opposition to this and other residential projects. The County challenged the annexation to the Georgia Department of Community Affairs (DCA), but this challenge was thrown out based on a technicality.  The County is attempting to get DCA to reconsider their decision.  If approved, this would be one of the largest residential developments in the City.

"Instead of trying to rush through the process, what we decided to do was give an opportunity for the staff to work with council members, developers as well as citizens, and that way we can come to a product that is more suitable for everybody that's involved," said Mayor Johnathan McCollar.

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Exodus of around half of the attendees of the August 20, 2024 Statesboro City Council meeting, upon the council's decision to table the annexation item. Photo by Ainslie Smith.

This decision followed the approval of another item that was previously tabled, the rezoning of almost 40 acres of land that sits adjacent to Veterans Memorial Parkway, to be used in the development of a townhome/cottage court subdivision. The approval comes after the developers made revisions based on council's concerns about the homes' proximity to the highway and an Enmarket gas station, which added an additional 40 ft buffer around the subdivision.

Sidewalk improvement projects along East Jones St. and North Zetterower were also approved, to be paid for using 2018 TSPLOST funds. The annual roadway resurfacing project was approved as well, with the construction contract being awarded to Mill Creek Construction in the amount of $1.427 million, to be paid for by 2024 GDOT LMIG funds and 2023 TSPLOST funds. Continue reading for more details about these items and other business covered at the August 20, 2024 Statesboro City Council meeting

Mayor Jonathan McCollar called the Tuesday, August 20, 2024 Statebsoro City Council Meeting to order at 7:30 pm , with Council member Ginny Hendley leading a prayer and the Pledge of Allegiance.

Recognizing the national month of recovery as a celebration of the millions of lives improved across the US through recovery from substance abuse, Mayor McCollar dedicated the month of September to the recognition of programs and ceremonies honoring the recovery community in Statebsoro and across the country.

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Mayor Jonathan McCollar presents a signed proclamation, designating September 2024 as National Recovery Month in Statesboro. Photo by Ainslie Smith.

With no initial public comment, the council approved the consent agenda.

APPROVED - Consent Agenda

1. Approval of Minutes

a) 08-06-2024 Council Minutes

b) 08-06-2024 Executive Session Minutes

Public Hearing

APPROVED 6. Public hearing and consideration of a motion to approve: APPLICATION RZ 24-06-02:

Horizon Homebuilders requests a Zoning Map Amendment from the R-2 (Townhouse Residential) zoning district to the R-4(High-Density Residential) zoning district on a portion of a 39.97-acre property located on Abbey Road & East Main Street (Tax Parcel # MS82000035 000).

The applicant is requesting a Zoning Map Amendment from the R-2 (Townhouse Residential) zoning district to the R-4 (High-Density Residential) zoning district in order to develop a cottage court on the periphery of a proposed townhouse subdivision.

Director of Planning and Development Kathy Field briefed the council that the applicant is requesting a Zoning Map Amendment from the R-2 (Townhouse Residential) zoning district to the R-4 (High-Density Residential) zoning district in order to develop a cottage court on the periphery of a proposed townhouse subdivision.

The revision submitted by the applicant provides a substantial 40 ft. buffer between the housing and the highway and commercial developments, and the addition of six cottage units as opposed to the original seven is proposed. The item had previously been deferred by the council due to the development's proximity to the highway and Enmarket.

Civil Engineer Haydon Rollins spoke on behalf of the request, asking that the council approve the request with the staff recommendations.

Mayor Pro-Tem Shari Barr expressed being pleased with the buffer revisions.
 

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APPROVED - 7. Consideration of a motion to approve: APPLICATION SUB 24-06-03: Lotts Creek Capital, LLC requests a Preliminary Subdivision PLAT on 16.54 acres of property in order to develop a townhouse subdivision of approximately 111 units on Cypress Lake Road (Tax Parcel MS40000074A000).

The applicant is requesting Preliminary Subdivision Approval on approximately 16.54 acres of property in order to develop a townhome subdivision of 111 units.

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TABLED UNTIL SEPTEMBER 17, 2024 MEETING 8. Public Hearing and Consideration of a Motion to Approve:

(a) APPLICATION AN 24-07-01: Blue Fern Management, LLC requests Annexation of approximately 714 +/- acres of property in order to allow for the development of a mixed-use subdivision on Burkhalter Road (Tax Parcel # 093 000004 000).

The meeting packet detailed that this his development is located outside of the normal boundaries of the City of Statesboro in the 2024 Comprehensive Master Plan. It will be considered for annexation under the “Developing Neighborhood” character area, which allows for a flexible mix of residential housing types. Because of the location, there will be a mix of City and County infrastructure improvements required for an extended period of time.

A dispute between Bulloch County and The Georgia Department of Community Affairs has ensued after the GDCA denied the County’s request for an Annexation Arbitration Panel related to these developments on Burkhalter Road.

The County’s request for intervention to the annexation of the property originates from their concern about the significant burden its appropriation could pose to the County’s resources. The GDCA said that a missing HB2a Form from the County’s original request was the reason for denial, as the completed petition including form HB2a was due by August 17, 2024 (45 days after Statesboro’s letter of notice was delivered to the County).

The County argues that the missing document was a minor technicality that should not merit the voidance of the request for an arbitration panel, and requests that the GDCA reconsiders it’s refusal to appoint an arbitration panel for the matter.

During the Tuesday meeting, the council opened the discussion of this item and decided to table it until the September 17, 2024 Statesboro City Council meeting, to allow more time for the city, developers and citizens to come to a consensus about the annexation.

"Instead of trying to rush through the process, what we decided to do was give an opportunity for the staff to work with council members, developers as well as citizens, and that way we can come to a product that is more suitable for everybody that's involved," said Mayor McCollar shortly after the meeting.

"I understand people are frustrated but at this point right now I think its just, the wiser thing to do is to make sure all of us understand the direction that we are going," he added.

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Proposed Burkhalter Village location

(b) APPLICATION V 24-07-02: Blue Fern Management, LLC requests a Variance from Section 2.2.12.F of the Unified Development Code in order to reduce the mixed-use concurrency requirement on a proposed 714 acre development on Burkhalter Road (Tax Parcel# 093 000004 000).

The meeting packet details that the applicant also intends to provide some commercial to the site, although due to the requirements of the PUD, the applicant seeks a variance to reduce the required commercial concurrency requirement from 20% of the gross floor area of development to approximately 1.5% of the completed floor area on the site. The estimated lot construction would require approximately 10 acres of commercial (specifically floor area).

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Burkhalter Village Proposed development

(c) APPLICATION RZ 24-07-03: Blue Fern Management, LLC requests a Zoning Map Amendment from the R-40 (Single-Family Residential) zoning district to the PUD (Planned Unit Development) zoning district in order to develop a 1794 unit mixed housing residential subdivision on approximately 714 acres of property on Burkhalter Road (Tax Parcel # 093000004 000). 

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Burkhalter Village proposed development phases

APPROVED 9. Public hearing and consideration of a motion to approve:

(a) APPLICATION AN 24-07-04: DR Horton requests Annexation of approximately 47.31 acres of property in order to develop a single-family subdivision on Lakeview Road (Tax Parcel # MS58000037 000).

The property is host to ‘substantial wetlands’ according to Director Fields' report, and she also notes that the commission recommends approval with the listed conditions.

Rollins spoke again for this item, asking the council to approve.

(b) APPLICATION RZ 24-07-05: DR Horton request a zoning map amendment from the R-40 (Single-Family Residential) to the R-6 (Single-Family Residential) zoning district in order to develop a single-family subdivision on Lakeview Road (Tax Parcel# MS58000037 000).

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APPROVED 10. Consideration of a motion to approve Resolution 2024-21: A Resolution to accept the 2023 Assistance to Firefighters Grant for the City of Statesboro, Georgia in the amount of $40,909.09 with a 10% match in the amount of $4,090.91. These funds will be used to continue the Fire Department Physician Program.

In February 2024 the Statesboro Fire Department submitted an application for the 2023 AFG. The total amount requested for this application was $45,000 to fund the following project.

1) Continuation of the Fire Department Physician Program. 

  • This program was awarded in the Department’s 2022 AFG Grant in the amount of $35,000.00 
  • $45,000.00 project request. The additional funding request is based on additional firefighting positions added over the past two years.

The Statesboro Fire Department has been awarded the full amount requested ($45,000.00)

The award letter from FEMA detailed that the purpose of the Assistance to Firefighters Grant program is to protect the health and safety of the public and firefighting personnel against fire and fire-related hazards. After careful consideration, FEMA has determined that the recipient's project or projects submitted as part of the recipient's application and detailed in the project narrative as well as the request details section of the application - including budget information - was consistent with the Assistance to Firefighters Grant Program's purpose and was worthy of award.

City Manager Charles Penny says this is ‘money well spent’ and recommends council's approval.

APPROVED 11. Consideration of a motion to award the renewal of the City of Statesboro’s General Liability P&C coverage to Travelers in the amount of $1,138,372.00 and the renewal of the City’s Workers Compensation coverage to Bitco in the amount of $556,390.0. These policies are for a twelve month period ending in August of 2025.

The City of Statesboro’s General Liability P&C, Workers Compensation and Health insurance coverages are marketed through the contracted brokers for each of these areas. Currently, the General Liability P&C and Workers Compensation is brokered by Assured Partners (Statesboro) and the Health insurance is brokered by NFP (Statesboro). These two new coverage policies will be for a twelve month period ending in August of 2025. It is noted that the totals above do not contain the policies for Cyber, Drone, Fire Department facilities and equipment and PRM Risk Control due to these four polices renew January of 2025.

Last year’s totals for these four policies totaled $125,111.00.00 (Cyber $23,894, Drone $1,890, PMA Risk Control $11,600, Fire Fac. & Eq. $87,727). The PMA Risk Control is a program that evaluates and attempts to mitigate the City’s risks. This program works with the department's current Safety Program conducted through their Human Resources Department.

Fire facilities and equipment are insured by VFIS which is a fire specialty insurer that provides specialized training and the replacement of equipment at current market value. In the future, the department is going to strive to place all of their insurance policies on a fiscal year contractual period

“We can’t live without it,” said City Manager Penny.

APPROVED 12. Consideration of a motion to award the purchase of a new SuperCrew Ford F150 for the Public Works & Engineering Department to Metter Ford in the amount of $46,767.16. This purchase will be paid from Solid Waste Disposal Operating Income.

The City of Statesboro requested written quotes from dealerships for specific vehicles to replace a 2023 Ford F150 Regular Cab and 2023 Ford F-150 XL 4x4 SuperCrew Cab that were totaled and a replacement vehicle for a 2018 Ford F-150 XL SuperCab scheduled for Fiscal Year 2025. The specific requests were based on the division's need and use of these vehicles. The 2018 Ford F-150 XL SuperCab has exceeded its life cycle and eventually will be placed on the surplus and disposition of vehicles list.

The city requested written quotes and received the following:

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APPROVED 13. Consideration of a motion to award the purchase of a new Regular Cab Ford F150 for the Public Utilities Department to Metter Ford in the amount of $34,959.16. This purchase will be paid from Water Sewer Operating income.

APPROVED 14. Consideration of a motion to award the purchase of a new SuperCrew Ford F150 for the Public Works & Engineering Department to J.C. Lewis Ford in the amount of $49,158.16. This purchase will be paid from Solid Waste Collection Operating income.

APPROVED 15. Consideration of a motion to award contract in the amount of $299,375.00 with S.A. Brown Enterprises for project ENG-122h: East Jones Street sidewalk improvements. The project will be paid by 2018 TSPLOST funds.

This project will consist of 5' sidewalk from South Main Street to South Zetterower Avenue along East Jones Avenue. This area is adjacent to the developing blue mile corridor making its connectivity with the sidewalk network a significant upgrade for the pedestrians that currently have to walk in the road.

The bid submitted by S.A. Brown Enterprises is above the budgeted amount for the project by $940. The overages will be paid the 2018 TSPLOST fund balance.

APPROVED 16. Consideration of a motion to award right-of-way and easement acquisition services to O.R. Colan & Associates, LLC in the amount of $37,830.00 for the North Zetterower Sidewalk Project. Funding is provided from 2018 TSPLOST.

This project proposes to construct sidewalk along North Zetterower Ave. from Hill Street to Northside Drive. This work is a subsequent phase of development to provide sidewalk connectivity for pedestrian traffic from Northside Drive to East Main and the Downtown area.

The City of Statesboro requested proposals for ROW and Easement Acquisition Services to aid in the construction of sidewalk for this project. There are Approximately 13 parcels that require negotiations for either a driveway/construction easement or right-of-way for sidewalk construction. In order for the City to expedite the negotiations and move into the construction phase of this project, a ROW firm to accomplish this goal is the most economical solution.

APPROVED 17. Consideration of a motion to award a contract to Mill Creek Construction in the amount of $1,427,395.00 for the FY2024 annual resurfacing project for work based on unit prices in the contractor’s bid. This project is paid for by 2024 GDOT LMIG funds and 2023 TSPLOST funds.

The project was advertised as a sealed bid with an evaluation process that included weighted criteria for quality based selection and unit cost pricing. The work in this contract includes asphalt resurfacing of approximately 5.65 miles of city streets and 20,665 square yards of asphalt milling and 2,375 square yards of 6 inch GAB as well as permanent grassing, shoulder dressing, and the installation of thermoplastic striping.

Bids received were: Sikes Brothers Inc. with a bid of $1,285,409.55, followed by Mill Creek Construction bidding $1,427,395.00, Reeves Construction Co. bidding $1,665,500.00, and South Dade Air Conditioning and Refrigeration, Inc. bidding $2,047,856.20.

Based on an evaluation that consists of past performance, project management and completion methods, contractors’ qualifications, references, staff assigned, and cost it is recommended to select Mill Creek Construction. The City has experience with working with Mill Creek on two major road projects recently with respect to the criteria set forth in the Invitation to Bid. The decision to select Mill Creek Construction is based on previous performance and capability in all respects to perform fully and reliably the contract requirements. Sikes Brothers has demonstrated an inability to complete projects on-time and is currently in a liquidated damages period due to being 10 months past the due date of the last resurfacing project.

APPROVED 18. Consideration of a Motion to award a contract to Beasley Well Drilling in the amount of $59,589.31 for repairs to Well #8. To be paid for with funds from system revenues.

City water well #8 is located adjacent to Georgia Southern University on Old Register Road just south of the Forest Drive intersection. On July 19 the City’s SCADA system indicated that Well 8 had gone offline and was not pumping; city personal investigated and found that the breakers were tripped and the unit would not pump. At that time, a contractor was called in to check the well and it was determined that the motor was bad and would need to be replaced.

Four Written quotes for the needed repairs have been received with the low bid submitted by Beasley Well Drilling. It is staffs opinion that the contractor is well qualified and experienced to successfully complete the repairs

Other Business from City Council

Mayor Pro-Tem Shari Barr noted that this Thursday, August 22, the rescheduled Downtown Live concert will happen at 7 pm, in downtown Statesboro.

At the same time, the Botanical Garden's Hops and Hawgs charity event will take place.

Pinewood Manner will be hosting the Village Builders Resource day on Saturday, August 31, from 10 am until 1 pm. 

Council member John Riggs commented via ZOOM that he is appreciative of the employees of the city who make it a better place for everyone through their hard work, especially in their preparedness for tropical storm Debby.

“We definitely want to give a big shout out to our public works… I want to give a big shout out to public safety… to the team overall,” said Mayor McCollar about efforts made during the storm. He also thanked all other response services and more generally, the ‘great people willing to serve in many different capacities’.

City Managers Comments

“The County got hit hard,” said City Manager Penny, regarding the storm's strain on resources. “Recovery will be long… I just pray that people are patient.”

He reminds us that on August 27, 2024, at 10 am, the ribbon cutting for the Business Innovation Groups expansion will take place, and he invites city employees and the public to the event.

Public Comments (General)

One member of the public comments that the storm impacted her home and her neighborhood, and asks that the council work towards making improvements to the runoff issue facing the area.

Another public commenter asked for another notice to be sent out that garbage cans need to be removed from the right of way.

The council entered executive session around 6:20, and adjourned the meeting upon reconvening. 

Click Here for meeting agenda and supporting documents

Live Stream of meeting