Arbitration panel approves Cook annexation settlement

CLARKESVILLE, Ga. — A state-appointed arbitration panel approved a negotiated settlement Friday resolving Habersham County’s objection to Baldwin’s proposed annexation of property sought by Cook Construction, clearing a major hurdle in a dispute that has delayed the project for months.

The five-member panel met virtually Nov. 13 and voted 4-0 to approve the Annexation Dispute Joint Final Order. The fifth member, Madison Mayor Fred Perriman, participated in the meeting, but his vote was not recorded because of technical difficulties.

The panel was led by Chair Autron Hayes, city manager of Greensboro. The Georgia Department of Community Affairs appointed the panel to address Habersham County’s objection to Baldwin’s proposed annexation of six parcels along Duncan Bridge Road.

Before calling for a motion, Hayes said the parties had reached a settlement and that the panel was required under Georgia law to adopt and approve the final order.

Habersham County attorney Molly Esswein asked the panel to approve the agreement, saying the parties had worked hard to reach a resolution.

“All the parties worked hard to come to this arrangement, and I think it’s a good outcome when you can have an amicable resolution,” Esswein said. “We appreciate the panelists’ time and bearing with us as we did that, and would just ask for y’all to make this final.”

Baldwin City Attorney Sammy Tomasello echoed her remarks, describing the agreement as the culmination of discussions among the parties.

“This is a culmination of discussions between all the parties involved, and we just want to thank you guys for your service and taking time out of your day to get this matter handled,” Tomasello said.

Alice Price, an attorney representing Cook Construction, also asked the panel to approve the settlement.

“We thank everyone for working hard toward this agreement, and would just respectfully ask that it be voted on,” Price said.

Signatures due Monday

Before the meeting adjourned, Esswein asked how the final paperwork would be completed and submitted to the DCA. She said the deadline for submitting the paperwork was Monday and noted that the final panel order included signature lines for all five members.

“We would like for you all to sign that and get it submitted to the panel on Monday,” Esswein said.

All five panel members indicated they would complete their signatures by Monday.

The final order states that the parties — Habersham County, the City of Baldwin, Cook Construction and Real Estate, and property owner Shadow Stone Partners — reached an agreement through good-faith negotiations. Rather than proceed with an arbitration hearing, the parties asked the panel to resolve the dispute through the negotiated order.

The order establishes several conditions that Baldwin must impose on the property if the annexation and associated zoning take effect.

Among the conditions, Cook Construction must donate at least 3 acres to Habersham County within 24 months after the effective date of annexation and zoning approval. The county would use the property for a fire station, law enforcement station or other public safety facility intended to serve the development and surrounding area.

The agreement also requires a traffic impact study before the first development or building permit is issued. The developer must coordinate with the Georgia Department of Transportation on potential transportation improvements, including a possible overpass.

A designated area anticipated to be needed for future transportation improvements would be subject to a seven-year restriction on permanent buildings. The order also prohibits certain uses on the property, including data centers, amusement parks, salvage yards, solid waste transfer stations and outdoor shooting ranges.

The development conditions would remain in place for at least two years after annexation. The separate seven-year building restriction would apply only to the designated transportation coordination area.

Baldwin could take up annexation Tuesday

The panel’s approval moves the matter back to Baldwin City Council, which previously tabled the annexation request while the arbitration process was underway.

In September, council members agreed to delay action after City Attorney Sammy Tomasello warned that voting on the request while the county’s objection was before the arbitration panel could put Baldwin’s Qualified Local Government status at risk. That designation can affect a municipality’s eligibility for certain state grants and financing.

The city’s next council meeting is scheduled for Tuesday, Nov. 17. If the signed final order is submitted to the DCA by Monday, Baldwin could take up the annexation request at that meeting. The city had not released its agenda as of Friday.

The panel’s approval resolves the arbitration dispute, but it does not itself annex the property or approve the proposed development. Baldwin City Council must still consider the annexation and requested Highway Business zoning.

Cook Construction applied to annex and rezone approximately 45 acres in unincorporated Habersham County for a proposed commercial development near the intersection of State Road 365 and Duncan Bridge Road.