Meetings

Adopted Board of Commissioners meeting minutes in a searchable format are available through the MCCi Online Library (click here for link).

Board of Commissioners 2017 Meeting Schedule (click here for link). 

Archived meeting videos can be viewed online (click here for link).

Tuesday, January 10, 2017 2:00 PM

Board of Commissioners - Work Session

Location

Administration Building
110 E Main Street
Cumming, GA 30040

Meeting Video

   BOOKMARKS
06:35
Resolution enacting a limited moratorium on the acceptance of applications for rezoning of property to the CR2, RES3, RES4 and MPD Districts
14:12
Presentation by Hal Woodyard regarding a proposed Bike Share Program concept for the Big Creek Greenway
34:57
Addendum #1 to the FY2016 Legacy Link Grant Agreement with authorization for the Chairman to execute any related documents
36:05
Board consideration and award of Bid 16-159-3150 for hot asphaltic concrete
37:44
Consideration and approval of a Task Order with Constantine Engineering for engineering services for utility relocation on Browns Bridge at GA 400
38:57
Board consideration and award of RFP 16-96-3340 for construction of the expansion of the Fowler Wastewater Reclamation Facility
49:59
Board consideration and authorization to utilize Interior Design Services for the Forsyth County Administration Building ...
57:06
Board discussion of SPLOST VIII
01:09:50
...Amendment to Ch. 78 of the Code of Ordinances (Traffic and Vehicles) to provide for personal transportation vehicle use on designated ... roads ...
01:18:03
Proposed amendment to Chapter 21 of the UDC (proposed South Forsyth Lifestyle Center Overlay District) in light of the Nov. 3, 2016 vote ending w/ tie
01:21:25
Board consideration of Resolution authorizing the Director of Water & Sewer to accept water/sewer easements
01:22:38
City of Cumming’s application to annex property located at 880 Buford Highway, Cumming, Georgia, also known as Forsyth County Tax Parcel 173-002
01:26:00
Board consideration of the Forsyth County Tax Abatement/Economic Incentive Policy
01:35:32
Board consideration and approval of appointments to various boards and committees
01:59:16
Board consideration and appointment of Region One Planning Board (DBHDD) member to fill the unexpired term vacated by Carolyn Watters
02:00:30
Discussion of request for local legislation to create the Forsyth County Marshal Service
02:28:54
Discussion of the Forsyth County Tree Ordinance
02:39:50
Board consideration of 2017 scheduled BOC meeting dates
02:49:50
Discussion of possible creation of Forsyth County citizen advocates
03:12:58
Discussion of miscellaneous proposed UDC revisions
04:18:00
Apartment maintenance standards for inclusion in the UDC
04:27:47
Consideration of Committee for Coal Mountain Overlay
04:40:46
Board discussion of Judicial Salaries and possible request for local legislation
04:43:10
Board review and possible approval of a Consent Order resolving the Windsor v. Forsyth County litigation

Documents

PUBLIC NOTICE

 

The Forsyth County Board of Commissioners will hold a Work Session on Tuesday, January 10, 2017 at 2:00 p.m. in the Commissioners' Large Conference Room, Suite 210 in the Forsyth County Administration Building located at 110 East Main Street, Cumming, Georgia 30040.

 

The purpose of the Work Session will be for discussion and consideration of the items as outlined on the agenda and such other business as may properly come before the Board.

 

Forsyth County is committed to providing all persons with equal access to its services, programs, activities, education and employment regardless of race, color, national origin, religion, sex, familial status, disability or age. Persons with special needs relating to handicapped accessibility or foreign language may contact the Title VI Coordinator at 770-781-2101 a minimum of 48 hours prior to the meeting date/time. The Title VI Coordinator is located at 110 East Main Street, Suite 255, Cumming, Georgia between the hours of 8:30 AM and 5 PM, Monday through Friday, except holidays. Persons with hearing disabilities can contact us using the Georgia Relay Service, at (TDD) 1-800-255-0056 or (Voice) 1-800-255-0135, and asking to connect to 770-781-2101. 

 

 

Forsyth County Board of Commissioners

12/30/16

 

AGENDA

WORK SESSION

FORSYTH COUNTY BOARD OF COMMISSIONERS

TUESDAY, JANUARY 10, 2017 @ 2:00 P.M.

FORSYTH COUNTY ADMINISTRATION BUILDING

110 EAST MAIN STREET - SUITE 210

CUMMING, GEORGIA 30040

 

I.          Call Meeting to Order

 

II.         Invocation and Pledge of Allegiance

 

III.        Adoption of Agenda

 

IV.       Items for consideration and discussion:

 

(1)          Presentation by Hal Woodyard regarding a proposed Bike Share Program concept for the Big Creek Greenway – Director of Parks & Recreation

 

(2)          Board discussion and consideration of a Tax District for Parks & Recreation – Amos/Mills

 

(3)          Board consideration and acceptance of Addendum #1 to the FY2016 Legacy Link Grant Agreement with authorization for the Chairman to execute any related documents – Director of Senior Services

 

(4)          Board consideration and award of Bid 16-159-3150 for hot asphaltic concrete – Procurement Director

 

(5)          Board consideration and approval of a Task Order with Constantine Engineering for engineering services for utility relocation on Browns Bridge at GA400 – Procurement Director

 

(6)          Board consideration and award of RFP 16-96-3340 for construction of the expansion of the Fowler Wastewater Reclamation Facility – Procurement Director

 

(7)          Board consideration and authorization to utilize Interior Design Services for the Forsyth County Administration Building – second floor common area and the Administration Suite Reception area – Procurement Director

 

(8)          Board discussion of SPLOST VIII – Chief Financial Officer/County Attorney

 

(9)          Board consideration of a proposed amendment to Chapter 78 of the Code of Ordinances (Traffic and Vehicles) to provide for personal transportation vehicle use on designated public roads and other public property – County Attorney

(Public Hearings were held 11/03/16 and 12/01/16.  Decision was postponed from the 12/20/16 Work Session Agenda).

 

 

 

 

Work Session Agenda

January 10, 2017

Page 2

 

(10)        Board consideration of request by Emory Lipscomb on behalf of Lennar Georgia, Inc. to amend zoning conditions and the Master Planned District placed on ZA3008 (Homecraft Design, LLC) and a variance to the UDC, Section 20B-2.2 - AZ160010 – District #4 – Director of Planning & Community Development

(Public Hearing was held 12/15/16.  Decision was postponed from the 12/20/16 Work Session Agenda).

 

(11)          Board discussion of a proposed amendment to Chapter 21 of the Unified Development Code, the proposed South Forsyth Lifestyle Center Overlay District, in light of the November 3, 2016 vote ending with a tie – County Attorney

(The November 3, 2016 motion to deny the Overlay resulted in a tie, which results in the matter being “rescheduled for another time” when the tie may be resolved.  This January 10 item is for discussion only.)

 

(12)        Board consideration of Resolution authorizing the Director of Water & Sewer to accept water/sewer easements – County Attorney

 

(13)        Board consideration of the City of Cumming’s application to annex property located at 880 Buford Highway, Cumming, Georgia, also known as Forsyth County Tax Parcel 173-002 – County Attorney

 

(14)        Board consideration of the Forsyth County Tax Abatement/Economic Incentive Policy – Amos/Levent

(Postponed from 12/20/16 Work Session Agenda).

 

(15)        Board review and possible approval of a Consent Order resolving the Windsor v. Forsyth County litigation – County Attorney

 

(16)        Board consideration of condemnation of 23,969 square feet of permanent utility easement and 15,968 square feet of temporary construction easement on Tax Parcel 156-022 (Juanice Hames) – County Attorney

 

(17)        Board consideration and approval of appointments to various boards and committees – County Manager

 

(18)        Board consideration and appointment of Region One Planning Board (DBHDD) member to fill the unexpired term vacated by Carolyn Watters – County Manager

 

(19)        Discussion of request for local legislation to create the Forsyth County Marshal Service - Levent/Swope

 

(20)        Discussion of the Forsyth County Tree Ordinance – Semanson/Swope

 

(21)        Board consideration of 2017 scheduled BOC meeting dates – Semanson/Levent

 

(22)        Board consideration and approval of a Resolution enacting a limited moratorium on the acceptance of applications for rezoning of property to the CR2, RES3, RES4 and MPD Districts – Levent/Semanson

Work Session Agenda

January 10, 2017

Page 3

 

 

(23)        Discussion of possible creation of Forsyth County citizen advocates – Swope/Semanson

 

(24)        Discussion of miscellaneous proposed UDC revisions – Levent/Semanson

 

(25)        Apartment maintenance standards for inclusion in the UDC – Levent/Mills

 

(26)        Consideration of Committee for Coal Mountain Overlay – Mills/Levent

 

(27)        Board discussion of Judicial Salaries and possible request for local legislation – County Attorney

(Postponed from 01/05/17 Regular Meeting Agenda).

 

V.      Recess Work Session

 

VI.     Executive Session if Needed

 

VII.    Adjournment

MEETING SUMMARY

·         All items unanimously approved will be placed on January 19, 2017 Consent Agenda for ratification –– as anticipated by Board Rule 1.07.01

 

·         To the extent that a Board member was not present to vote, the absent Board member has indicated having no objection to placement of the items on the January 19, 2017 Consent Agenda for ratification – at the request of county staff – as anticipated by Board Rule 1.07.01

 

·         All items that were approved as “time sensitive” are final.

________________________________________________________

 

MEMBERS PRESENT:

Todd Levent – Chairman

Rick Swope – Vice Chairman

Laura Semanson – Secretary

Cindy J. Mills – Member

 

MEMBER ABSENT:

Ralph J. Amos - Member

 

AGENDA

WORK SESSION

FORSYTH COUNTY BOARD OF COMMISSIONERS

TUESDAY, JANUARY 10, 2017 @ 2:00 P.M.

FORSYTH COUNTY ADMINISTRATION BUILDING

110 EAST MAIN STREET - SUITE 210

CUMMING, GEORGIA 30040

 

I.          Call Meeting to Order

Called to Order @ 2:04 p.m.

 

II.        Invocation and Pledge of Allegiance

The Pledge of Allegiance was led by Chairman Levent.

 

III.       Adoption of Agenda

The Board voted 4-0-1 (Commissioner Amos absent) to adopt the Agenda as amended:

·         Postponed item #2 to 01/24/17

·         Postponed item #10 to 01/24/17

·         Item #15 was moved to follow Executive Session

·         Item #16 was withdrawn from the Agenda

·         Moved item #22 to be considered first on the Agenda

 

IV.      Items for consideration and discussion:

 

(22)        Board consideration and approval of a Resolution enacting a limited moratorium on the acceptance of applications for rezoning of property to the CR2, RES3, RES4 and MPD Districts – Levent/Semanson

The Board voted 4-0-1 (Commissioner Amos absent) to adopt a Resolution enacting a limited moratorium as presented.  This item was approved as “time sensitive”

 

Work Session Agenda

January 10, 2017

Page 2

 

 

            Chairman Levent read the following announcement into the record:

 

NOTICE OF INTENT TO REQUEST RESCISSION OF BOARD APPROVAL OF ZONING APPLICATION 3768

 

I have serious concerns that ZA3768 [an MPD approval granted to Planners and Engineers Collaborative, Inc., granted on December 20, 2016] should not have been approved.  I am concerned that the conditions and site plan accompanying ZA3768 do not contain various protections I thought were addressed, and that the residential component of the MPD is only “senior-targeted” as opposed to age restricted.

 

The rules of this Board allow for a vote previously taken to be rescinded.  However, because the Board’s approval of ZA3768 was a zoning approval, the County Attorney has directed that the zoning procedures law must be followed prior to rescission.  Therefore, in accord with Board rule 3.02.03, I hereby give notice that at the Board’s regular meeting on February 2, 2017, I will move to rescind approval of ZA3768; and, if rescission is successful, I will then take additional action to address ZA3768.  I ask that a legal ad and signage be posted setting a public hearing for ZA3768 on February 2, 2017 as required by the zoning procedures law, and that this matter be placed on the February 2, 2017 public hearing agenda.  That is the extent of my notice.

           

(1)          Presentation by Hal Woodyard regarding a proposed Bike Share Program concept for the Big Creek Greenway – Director of Parks & Recreation

The Board voted 4-0-1 (Commissioner Amos absent) to authorize Procurement to issue an RFP.

 

(2)          Board discussion and consideration of a Tax District for Parks & Recreation – Amos/Mills

Postponed to 01/24/17.

 

(3)          Board consideration and acceptance of Addendum #1 to the FY2016 Legacy Link Grant Agreement with authorization for the Chairman to execute any related documents – Director of Senior Services

The Board voted 4-0-1 (Commissioner Amos absent) to approve.  This item was approved as “time sensitive”.

 

(4)          Board consideration and award of Bid 16-159-3150 for hot asphaltic concrete – Procurement Director

The Board voted 4-0-1 (Commissioner Amos absent) to award the Bid to the following:  C.W. Mathews Contracting Co., Inc., Blount Construction Co., Inc. and Baldwin Paving Co., Inc.

 

(5)          Board consideration and approval of a Task Order with Constantine Engineering for engineering services for utility relocation on Browns Bridge at GA400 – Procurement Director

The Board voted 4-0-1 (Commissioner Amos absent) to approve as presented.

 

 

 

Work Session Agenda

January 10, 2017

Page 3

 

 

(6)          Board consideration and award of RFP 16-96-3340 for construction of the expansion of the Fowler Wastewater Reclamation Facility – Procurement Director

The Board voted 4-0-1 (Commissioner Amos absent) to award RFP 16-96-3340 to Archer Western Construction, LLC in the amount of $63,833,354.00.

 

(7)          Board consideration and authorization to utilize Interior Design Services for the Forsyth County Administration Building – second floor common area and the Administration Suite Reception area – Procurement Director

The Board voted 4-0-1 (Commissioner Amos absent) to utilize Interior Design Services in the not to exceed amount of $7,700.00.

 

(8)          Board discussion of SPLOST VIII – Chief Financial Officer/County Attorney

Discussion.  The Board will hold a Special Called Meeting on 02/07/17 @ 11:00 a.m. to discuss further.

 

(9)          Board consideration of a proposed amendment to Chapter 78 of the Code of Ordinances (Traffic and Vehicles) to provide for personal transportation vehicle use on designated public roads and other public property – County Attorney

(Public Hearings were held 11/03/16 and 12/01/16.  Decision was postponed from the 12/20/16 Work Session Agenda).

The Board voted 4-0-1 (Commissioner Amos absent) to withdraw this item from the Agenda.

 

(10)        Board consideration of request by Emory Lipscomb on behalf of Lennar Georgia, Inc. to amend zoning conditions and the Master Planned District placed on ZA3008 (Homecraft Design, LLC) and a variance to the UDC, Section 20B-2.2 - AZ160010 – District #4 – Director of Planning & Community Development

(Public Hearing was held 12/15/16.  Decision was postponed from the 12/20/16 Work Session Agenda).

Postponed to 01/24/17.

 

(11)        Board discussion of a proposed amendment to Chapter 21 of the Unified Development Code, the proposed South Forsyth Lifestyle Center Overlay District, in light of the November 3, 2016 vote ending with a tie – County Attorney

(The November 3, 2016 motion to deny the Overlay resulted in a tie, which results in the matter being “rescheduled for another time” when the tie may be resolved.  This January 10 item is for discussion only.)

The County Attorney reviewed the procedures required for this item.  No action was taken.  This item will be placed on the 01/19/17 Agenda as Old Business.

 

(12)        Board consideration of Resolution authorizing the Director of Water & Sewer to accept water/sewer easements – County Attorney

The Board voted 4-0-1 (Commissioner Amos absent) to approve the Resolution.

 

(13)        Board consideration of the City of Cumming’s application to annex property located at 880 Buford Highway, Cumming, Georgia, also known as Forsyth County Tax Parcel 173-002 – County Attorney

The Board voted 4-0-1 (Commissioner Amos absent) to accept the annexation with no objection.

Work Session Agenda

January 10, 2017

Page 4

 

(14)        Board consideration of the Forsyth County Tax Abatement/Economic Incentive Policy – Amos/Levent

(Postponed from 12/20/16 Work Session Agenda).

Discussion.  No action was taken.  There will be Special Called Meeting on 02/21/17 @ 11:00 a.m. to discuss further.

 

(15)        Board review and possible approval of a Consent Order resolving the Windsor v. Forsyth County litigation – County Attorney

Board action on this item was taken following the Executive Session. (See below).

 

(16)        Board consideration of condemnation of 23,969 square feet of permanent utility easement and 15,968 square feet of temporary construction easement on Tax Parcel 156-022 (Juanice Hames) – County Attorney

At the request of the County Attorney, this item was withdrawn from the Agenda.

 

(17)        Board consideration and approval of appointments to various boards and committees – County Manager

The Board voted 4-0-1 (Commissioner Amos absent) to approve appointments to the following committees/boards: 

 

·         911 Center Advisory Board –  Appointed Commissioner Swope

 

·         D.A.T.E. Fund Advisory Committee – Appointed Commissioner Mills

 

·         GMRC Council – Appointed Chairman Levent

 

·         Lanier Joint Development Authority – Appointed Commissioner Semanson

 

·         Social Services Committee – Reappointed Commissioner Mills and appointed Commissioner Swope

 

·         Finance Committee – Appointed Commissioner Mills, Chairman Levent, Commissioner Semanson, County Manager - Doug Derrer and Chief Financial Officer - David Gruen

 

·         Water & Sewer Committee – Appointed Commissioner Amos, Commissioner Semanson, Deputy County Manager - Tim Merritt,  Director of Water & Sewer – Tim Perkins and Commissioner Swope

 

·         Transportation Committee – Appointed Director of Engineering – John Cunard, Chairman Levent, Commissioner Mills, Commissioner Swope, Commission Amos and Deputy County Manager – Tim Merritt

 

·         Parks & Recreation Committee – Appointed Chairman Levent, Deputy County Manger - Tim Merritt, Commissioner Mills, Director of Parks & Recreation – Jim Pryor and Commissioner Semanson

 

The Board also voted to appoint members to the following Boards: 

 

 

 

Work Session Agenda

January 10, 2017

Page 5

 

 

·         The Board voted 4-0-1 (Commissioner Amos absent) to appoint Tim Dineen to the Planning Commission for District #5.  This item was approved as “time sensitive”.

 

·         The Board voted 4-0-1 (Commissioner Amos absent) to appoint Bibiano Lopez to the Parks & Recreation Board for District #5.  This item was approved as “time sensitive”.

 

·         The Board voted 4-0-1 (Commissioner Amos absent) to appoint Steve Dabbs to the Public Facilities Authority. This item was approved as “time sensitive”.

 

·         The Board voted 4-0-1 (Commissioner Amos absent) to appoint Larry Duckworth to the Development Authority.  This item was approved as “time sensitive.

 

·         The Board voted 3-0-2 (Commissioners Amos and Mills absent) to reappoint Dr. John McGruder to the Animal Control Board.  This item was approved as “time sensitive”.

 

·         The Board voted 3-0-1 (Commissioners Amos and Mills absent) to reappoint Vicki Rennick to the Animal Control Board.  This item was approved as “time sensitive”.

 

·         The Board voted 4-0-1 (Commissioner Amos absent) to reappoint Joanne Tolleson, Bobby Thomas and Jim Grogan to the Development Authority.  This item was approved as “time sensitive”.

 

·         The Board voted 4-0-1 (Commissioner Amos absent) to reappoint Lamar Suddeth to the Board of Health.  This item was approved as “time sensitive”.

 

(18)        Board consideration and appointment of Region One Planning Board (DBHDD) member to fill the unexpired term vacated by Carolyn Watters – County Manager

The Board voted 4-0-1 (Commissioner Amos absent) to appoint Melissa Davis.  This item was approved as “time sensitive”.

 

(19)        Discussion of request for local legislation to create the Forsyth County Marshal Service - Levent/Swope

The Board voted 4-0-1 to postpone this item to 01/24/17.

 

(20)        Discussion of the Forsyth County Tree Ordinance – Semanson/Swope

Following discussion, the Board voted 4-0-1 to advertise for a Public Hearing to

revert to the prior version of the Tree Ordinance, to also add an additional tree per

residential lot, and other possible miscellaneous revisions.

 

(21)        Board consideration of 2017 scheduled BOC meeting dates – Semanson/Levent

The Board voted 4-0-1 to move the regular meeting of April 6th to April 13th and to cancel the Work Session of April 11th.  This will change the 2017 BOC Meeting Schedule previously approved 12/06/16 and ratified 12/15/16.

 

 

Work Session Agenda

January 10, 2017

Page 6

 

(22)        Board consideration and approval of a Resolution enacting a limited moratorium on the acceptance of applications for rezoning of property to the CR2, RES3, RES4 and MPD Districts – Levent/Semanson

This item was moved to first on the agenda.  (See above).

 

(23)        Discussion of possible creation of Forsyth County citizen advocates – Swope/Semanson

Board discussion. No action was taken. The County Attorney will bring back a Resolution to the 01/24/17 Work Session for consideration regarding the scope of authority, etc. that the citizen advocates will have.

 

(24)        Discussion of miscellaneous proposed UDC revisions – Levent/Semanson

 

(1)   Several UDC revisions were discussed.  Proposed sun-setting language and proposed language regarding an LLC/corporation disclosure affidavit in the planning process will be brought back to the 01/24/17 Work Session for additional discussion and Board consideration. 

 

(2)   Proposed revisions to Table 11.2(b) – Performance Standards for Residential Districts - were approved 4-0-1 (Commissioner Amos absent) for submittal to a public hearing as required to implement a Unified Development Code modification, with authorization for staff to advertise for a Public Hearing. This item was approved as “time sensitive”.

 

(25)        Apartment maintenance standards for inclusion in the UDC – Levent/Mills

The County Attorney will survey nearby jurisdictions for typical apartment maintenance ordinance language, and return to a future Work Session for consideration.

 

(26)        Consideration of Committee for Coal Mountain Overlay – Mills/Levent

The Board voted 4-0-1 (Commission Amos absent) to appoint the committee members to complete the tasks as stated by Commissioner Mills with Commissioner Mills also being a member of the committee but who will vote only when there is a tie.  Also, Robbie Caesar and Ryan Kerosec will alternate attending the meetings and will share a vote (one vote only).  The committee members are as follows:

(This item was approved as “time sensitive”)

 

·         Seth Thomas

·         David McBrayer

·         Charlie Heard

·         Christine Bachnel

·         Candy Hammond

·         Steve Holder

·         Alan Neal

·         Robbie Caesar (will alternate and share a vote with Ryan Kerosec)

·         Ryan Kerosec (will alternate and share a vote with Robbie Caesar)

·         Paul Hamby

 

 

 

Work Session Agenda

January 10, 2017

Page 7

 

(27)        Board discussion of Judicial Salaries and possible request for local legislation – County Attorney

(Postponed from 01/05/17 Regular Meeting Agenda).

The Board voted 4-0-1 (Commissioner Amos absent) to direct the County Attorney to draft a Resolution to be sent to the local delegation and place the Resolution on the 01/19/17 Consent Agenda for Board approval.

 

V.      Recess Work Session

The Board voted 4-0-1 (Commissioner Amos absent) to recess the Work Session @ 6:50 p.m. for the purpose to enter into an Executive Session to discuss Litigation, Land Acquisition and/or Personnel.  The County Attorney advised the Board that there would be one additional action item to be considered following the Executive Session.

 

VI.     Executive Session if Needed

The Board voted 4-0-1 (Commissioner Amos absent) to reconvene the Work Session @ 7:28 p.m. and took action on item #15 as follows:

 

(15)      Board review and possible approval of a Consent Order resolving the Windsor v. Forsyth County litigation – County Attorney

The Board voted 4-0-1 (Commissioner Amos absent) to accept the Consent Order resolving the Windsor v. Forsyth County litigation.

 

VII.    Adjournment

         The Board voted 4-0-1 (Commissioner Amos absent) to adjourn the Work Session @ 7:30 p.m.

FORSYTH COUNTY BOARD OF COMMISSIONERS
WORK SESSION
JANUARY 10, 2017

On Tuesday, January 10, 2017 at 2:04 p.m., in the Commissioners’ Conference Room of the Forsyth County Administration Building, the Forsyth County Board of Commissioners held a Work Session with the following persons present: Todd Levent – Chairman, Rick Swope – Vice Chairman, Laura Semanson – Secretary, Cindy Jones Mills – Member, Doug Derrer – County Manager, Tim Merritt – Deputy County Manager, Ken Jarrard – County Attorney and Cindy Henderson – Deputy Clerk.

Commissioner Amos was absent.

AGENDA
WORK SESSION
FORSYTH COUNTY BOARD OF COMMISSIONERS
TUESDAY, JANUARY 10, 2017 @ 2:00 P.M.
FORSYTH COUNTY ADMINISTRATION BUILDING
110 EAST MAIN STREET - SUITE 210
CUMMING, GEORGIA 30040

I. Call Meeting to Order

II. Invocation and Pledge of Allegiance

III. Adoption of Agenda

IV. Items for consideration and discussion:

(1) Presentation by Hal Woodyard regarding a proposed Bike Share Program concept for the Big Creek Greenway – Director of Parks & Recreation

(2) Board discussion and consideration of a Tax District for Parks & Recreation – Amos/Mills

(3) Board consideration and acceptance of Addendum #1 to the FY2016 Legacy Link Grant Agreement with authorization for the Chairman to execute any related documents – Director of Senior Services

(4) Board consideration and award of Bid 16-159-3150 for hot asphaltic concrete – Procurement Director

(5) Board consideration and approval of a Task Order with Constantine Engineering for engineering services for utility relocation on Browns Bridge at GA400 – Procurement Director

(6) Board consideration and award of RFP 16-96-3340 for construction of the expansion of the Fowler Wastewater Reclamation Facility – Procurement Director

(7) Board consideration and authorization to utilize Interior Design Services for the Forsyth County Administration Building – second floor common area and the Administration Suite Reception area – Procurement Director

(8) Board discussion of SPLOST VIII – Chief Financial Officer/County Attorney

(9) Board consideration of a proposed amendment to Chapter 78 of the Code of Ordinances (Traffic and Vehicles) to provide for personal transportation vehicle use on designated public roads and other public property – County Attorney
(Public Hearings were held 11/03/16 and 12/01/16. Decision was postponed from the 12/20/16 Work Session Agenda).

(10) Board consideration of request by Emory Lipscomb on behalf of Lennar Georgia, Inc. to amend zoning conditions and the Master Planned District placed on ZA3008 (Homecraft Design, LLC) and a variance to the UDC, Section 20B-2.2 - AZ160010 – District #4 – Director of Planning & Community Development
(Public Hearing was held 12/15/16. Decision was postponed from the 12/20/16 Work Session Agenda).

(11) Board discussion of a proposed amendment to Chapter 21 of the Unified Development Code, the proposed South Forsyth Lifestyle Center Overlay District, in light of the November 3, 2016 vote ending with a tie – County Attorney
(The November 3, 2016 motion to deny the Overlay resulted in a tie, which results in the matter being “rescheduled for another time” when the tie may be resolved. This January 10 item is for discussion only.)

(12) Board consideration of Resolution authorizing the Director of Water & Sewer to accept water/sewer easements – County Attorney

(13) Board consideration of the City of Cumming’s application to annex property located at 880 Buford Highway, Cumming, Georgia, also known as Forsyth County Tax Parcel 173-002 – County Attorney

(14) Board consideration of the Forsyth County Tax Abatement/Economic Incentive Policy – Amos/Levent
(Postponed from 12/20/16 Work Session Agenda).

(15) Board review and possible approval of a Consent Order resolving the Windsor v. Forsyth County litigation – County Attorney

(16) Board consideration of condemnation of 23,969 square feet of permanent utility easement and 15,968 square feet of temporary construction easement on Tax Parcel 156-022 (Juanice Hames) – County Attorney

(17) Board consideration and approval of appointments to various boards and committees – County Manager

(18) Board consideration and appointment of Region One Planning Board (DBHDD) member to fill the unexpired term vacated by Carolyn Watters – County Manager

(19) Discussion of request for local legislation to create the Forsyth County Marshal Service - Levent/Swope

(20) Discussion of the Forsyth County Tree Ordinance – Semanson/Swope

(21) Board consideration of 2017 scheduled BOC meeting dates – Semanson/Levent

(22) Board consideration and approval of a Resolution enacting a limited moratorium on the acceptance of applications for rezoning of property to the CR2, RES3, RES4 and MPD Districts – Levent/Semanson

(23) Discussion of possible creation of Forsyth County citizen advocates – Swope/Semanson

(24) Discussion of miscellaneous proposed UDC revisions – Levent/Semanson

(25) Apartment maintenance standards for inclusion in the UDC – Levent/Mills

(26) Consideration of Committee for Coal Mountain Overlay – Mills/Levent

(27) Board discussion of Judicial Salaries and possible request for local legislation – County Attorney
(Postponed from 01/05/17 Regular Meeting Agenda).

V. Recess Work Session

VI. Executive Session if Needed

VII. Adjournment


Chairman Levent recognized a quorum and called the meeting to order.

The Pledge of Allegiance was led by Chairman Levent.

ADOPTION OF AGENDA

There was a motion by Commissioner Mills and a second by Commissioner Levent to postpone Item #2 (Board discussion and consideration of a Tax District for Parks & Recreation) to the Work Session of January 24, 2017. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

There was a motion by Commissioner Levent and a second by Commissioner Swope to move Item #22 (Board consideration and approval of a Resolution enacting a limited moratorium on the acceptance of applications for rezoning of property to the CR2, RES3, RES4 and MPD Districts) prior to Item #1. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

There was a motion by Commissioner Mills and a second by Commissioner Levent to withdraw Item #16 (Board consideration of condemnation of 23,969 square feet of permanent utility easement and 15,968 square feet of temporary construction easement on Tax Parcel 156-022 - Juanice Hames) from the agenda at the request of the County Attorney. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

There was a motion by Commissioner Mills and a second by Commissioner Semanson to move Item #15 (Board review and possible approval of a Consent Order resolving the Windsor v. Forsyth County litigation) to immediately follow Executive Session at the request of the County Attorney. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

There was a motion by Commissioner Mills and a second by Commissioner Levent to postpone Item #10 (Board consideration of request by Emory Lipscomb on behalf of Lennar Georgia, Inc. to amend zoning conditions and the Master Planned District placed on ZA3008 (Homecraft Design, LLC) and a variance to the UDC, Section 20B-2.2 - AZ160010 – District #4) to the Work Session of January 24, 2017. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

There was a motion by Commissioner Mills and a second by Commissioner Swope to adopt the agenda as amended. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

UNDER ITEMS FOR CONSIDERATION AND DISCUSSION THE FOLLOWING ACTIONS WERE TAKEN:

(22) Board consideration and approval of a Resolution enacting a limited moratorium on the acceptance of applications for rezoning of property to the CR2, RES3, RES4 and MPD Districts

There was a motion by Commissioner Levent and a second by Commissioner Mills to adopt the Resolution enacting a limited moratorium on the acceptance of applications for rezoning of property to the CR2, RES3, RES4 and MPD Districts and that this item is approved as time sensitive. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

Chairman Levent made the following announcement: Notice of Intent to Request Rescission of Board Approval of Zoning Application 3768. I have serious concerns that ZA3768 [an MPD approval granted to Planners and Engineers Collaborative, Inc., granted on December 20, 2016] should not have been approved. I am concerned that the conditions and site plan accompanying ZA3768 do not contain various protections I thought were addressed, and that the residential component of the MPD is only “senior-targeted” as opposed to age restricted. The rules of this Board allow for a vote previously taken to be rescinded. However, because the Board’s approval of ZA3768 was a zoning approval, the County Attorney has directed that the zoning procedures law must be followed prior to rescission. Therefore, in accord with Board rule 3.02.03, I hereby give notice that at the Board’s Regular Meeting on February 2, 2017, I will move to rescind approval of ZA3768; and, if rescission is successful, I will then take additional action to address ZA3768. I ask that a legal ad and signage be posted setting a public hearing for ZA3768 on February 2, 2017 as required by the zoning procedures law, and that this matter be placed on the February 2, 2017 public hearing agenda. That is the extent of my notice.

(1) Presentation by Hal Woodyard regarding a proposed Bike Share Program concept for the Big Creek Greenway

Hal Woodyard made a presentation to the Board regarding a concept for a proposed Bike Share Program for the Big Creek Greenway. A copy of the presentation is on file in the minute folder. If approved, the bike share station would be located at the Fowler Park Recreation Center.

There was a motion by Commissioner Levent and a second by Commissioner Mills to authorize the Procurement Department to issue an RFP. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

(2) Board discussion and consideration of a Tax District for Parks & Recreation – Postponed to Work Session of January 24, 2017

(3) Board consideration and acceptance of Addendum #1 to the FY2016 Legacy Link Grant Agreement with authorization for the Chairman to execute any related documents

There was a motion by Commissioner Levent and a second by Commissioner Semanson to approve Addendum #1 to the FY2016 Legacy Link Grant Agreement with authorization for the Chairman to execute any related documents and that this item is approved as time sensitive. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

(4) Board consideration and award of Bid 16-159-3150 for hot asphaltic concrete

The Procurement Director distributed back-up for this item.

There was a motion by Commissioner Mills and a second by Commissioner Semanson to award Bid 16-159-3150 for hot asphaltic concrete to C.W. Matthews Contracting, Inc., Blount Construction Co., Inc. and Baldwin Paving Co., Inc. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

(5) Board consideration and approval of a Task Order with Constantine Engineering for engineering services for utility relocation on Browns Bridge at GA400

There was a motion by Commissioner Mills and a second by Commissioner Swope to approve the Task Order with Constantine Engineering for engineering services for utility relocation on Browns Bridge at GA400 in the amount of $552,860 as presented by the Procurement Director. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

(6) Board consideration and award of RFP 16-96-3340 for construction of the expansion of the Fowler Wastewater Reclamation Facility

The Procurement Director distributed back-up for this item. The Board was advised that there are other costs associated with this project that are not being brought to the Board at this time. These costs include electrical service; geotechnical, concrete & special inspections; security cameras, fiber install & existing gate replacement and additional engineering services, extended construction period, as-builts, start-up services & commissioning. These items will be brought back to the Board when final pricing is obtained.

There was a motion by Commissioner Levent and a second by Commissioner Semanson to award RFP 16-96-3340 for construction of the expansion of the Fowler Wastewater Reclamation Facility to Archer Western Construction, LLC in the amount of $63,833,354.
Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

(7) Board consideration and authorization to utilize Interior Design Services for the Forsyth County Administration Building – second floor common area and the Administration Suite Reception area

There was a motion by Commissioner Swope and a second by Commissioner Mills for authorization to utilize Interior Design Services for the Forsyth County Administration Building (second floor common area and the Administration Suite Reception area) in an amount not to exceed $7,700. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

(8) Board discussion of SPLOST VIII

The County Attorney advised the Board that the collection of funds under SPLOST VII ends on June 30, 2019. If the Board were to follow the same timeline used in renewing SPLOST VII, then SPLOST VIII would be placed on this November’s ballot for voter consideration. As a threshold matter, the Board must decide if they want to seek the renewal of SPLOST and, if so, the anticipated projects that would be included. Previous discussions were held that if the $200,000,000 Transportation Bond was approved, then the first $100,000,000 of SPLOST VIII would be used for repayment in order to take the tax burden off of property owners. Staff will begin to develop a list of suggested projects/needs. The County Attorney will provide a list of upcoming election dates. The Chief Financial Officer was requested to prepare an estimate of collections for a good economy, an average economy and a bad economy.

It was the consensus of the Board to hold a Special Called Meeting on Tuesday, February 7, 2017 at 11:00 a.m. for further discussion of this item.

(9) Board consideration of a proposed amendment to Chapter 78 of the Code of Ordinances (Traffic and Vehicles) to provide for personal transportation vehicle use on designated public roads and other public property

The County Attorney reviewed the administrative requirements that would be necessary to implement this ordinance if adopted.

There was a motion by Commissioner Levent and a second by Commissioner Swope to withdraw this item at this time. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

(10) Board consideration of request by Emory Lipscomb on behalf of Lennar Georgia, Inc. to amend zoning conditions and the Master Planned District placed on ZA3008 (Homecraft Design, LLC) and a variance to the UDC, Section 20B-2.2 - AZ160010 – District #4 – Postponed to Work Session of January 24, 2017

(11) Board discussion of a proposed amendment to Chapter 21 of the Unified Development Code, the proposed South Forsyth Lifestyle Center Overlay District, in light of the November 3, 2016 vote ending with a tie

At the Regular Meeting of November 3, 2016, the motion to deny the Overlay resulted in a tie, which results in the matter being rescheduled for another time when the tie may be resolved.

The County Attorney reviewed the procedure required to take action on this item. This item will be placed on the Regular Meeting agenda of January 19, 2017 under Old Business. The motion to deny will remain pending. The votes of those three (3) Board members who were on the Board in 2016 will remain cast and pending. The two (2) new Board members will cast their votes.

If the motion to deny is successful, then this item is concluded but it could come back at a later time. If the motion fails, the County Attorney recommends another public hearing be held due to the almost four (4) month delay since the last public hearing.

There was no action taken. This item will be placed on the Regular Meeting agenda of January 19, 2017 under Old Business.

(12) Board consideration of Resolution authorizing the Director of Water & Sewer to accept water/sewer easements

There was a motion by Commissioner Levent and a second by Commissioner Mills to adopt the Resolution authorizing the Director of Water & Sewer to accept water/sewer easements. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

(13) Board consideration of the City of Cumming’s application to annex property located at 880 Buford Highway, Cumming, Georgia, also known as Forsyth County Tax Parcel 173-002

There was a motion by Commissioner Mills and a second by Commissioner Levent to record no objection to the annexation. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

(14) Board consideration of the Forsyth County Tax Abatement/Economic Incentive

This item involves a potential update to the Forsyth County Tax Abatement/Economic Incentive Policy. Following discussion, it was the consensus of the Board to schedule a Special Called Meeting on Tuesday, February 21, 2017 at 11:00 a.m. to discuss this item.

(15) Board review and possible approval of a Consent Order resolving the Windsor v. Forsyth County litigation – Moved to immediately follow Executive Session – See Page #15 for action taken on this item

(16) Board consideration of condemnation of 23,969 square feet of permanent utility easement and 15,968 square feet of temporary construction easement on Tax Parcel 156-022 (Juanice Hames) – This item was withdrawn from the Agenda

(17) Board consideration and approval of appointments to various boards and committees

There was a motion by Commissioner Levent and a second by Commissioner Semanson to appoint Commissioner Swope as a member to the 911 Center Advisory Board. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

There was a motion by Commissioner Levent and a second by Commissioner Semanson to appoint Commissioner Mills as a member to the D.A.T.E. Fund Advisory Committee. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

There was a motion by Commissioner Semanson and a second by Commissioner Swope to appoint Chairman Levent to the GMRC Council. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

There was a motion by Commissioner Mills and a second by Commissioner Levent to appoint Commissioner Semanson as a member to the Lanier Joint Development Authority. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

There was a motion by Commissioner Levent and a second by Commissioner Semanson to reappoint Commissioner Mills as a member to the Social Services Committee. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

There was a motion by Commissioner Levent and a second by Commissioner Mills to appoint Commissioner Swope as a member to the Social Services Committee. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

There was a motion by Commissioner Levent and a second by Commissioner Swope to appoint Commissioner Mills, Chairman Levent, Commissioner Semanson, Doug Derrer and David Gruen as members to the Finance Committee. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

There was a motion by Commissioner Levent and a second by Commissioner Swope to appoint Commissioner Amos, Commissioner Semanson, Tim Merritt, Tim Perkins and Commissioner Swope as members to the Water & Sewer Committee. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

There was a motion by Commissioner Levent and a second by Commissioner Mills to appoint John Cunard, Chairman Levent, Tim Merritt, Commissioner Mills, Commissioner Swope and Commissioner Amos as members to the Transportation Committee. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

There was a motion by Commissioner Levent and a second by Commissioner Swope to appoint Chairman Levent, Tim Merritt, Commissioner Mills, Jim Pryor and Commissioner Semanson as members to the Parks & Recreation Committee. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

The County Manager distributed a list of Citizen Board Appointments.

There was a motion by Commissioner Semanson and a second by Commissioner Levent to appoint Tim Dineen as a member to the Planning Commission for District #5 and that this item is approved as time sensitive. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

There was a motion by Commissioner Semanson and a second by Commissioner Levent to appoint Bibiano Lopez as a member to the Parks & Recreation Board for District #5 and that this item is approved as time sensitive. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

There was a motion by Commissioner Semanson and a second by Commissioner Levent to appoint Steve Dabbs as a member to the Public Facilities Authority for District #5 and that this item is approved as time sensitive. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

There was a motion by Commissioner Semanson and a second by Commissioner Levent to appoint Larry Duckworth as a member to the Economic Development Authority for District #5 and that this item is approved as time sensitive. Motion carried with four

members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

Commissioner Mills left the meeting.

There was a motion by Commissioner Levent and a second by Commissioner Semanson to reappoint Dr. John McGruder as a member to the Animal Control Board and that this item is approved as time sensitive. Motion carried with three members in favor (Levent, Swope, and Semanson) and two members absent (Amos and Mills).

There was a motion by Commissioner Levent and a second by Commissioner Swope to reappoint Vicki Rennick as a member to the Animal Control Board and that this item is approved as time sensitive. Motion carried with three members in favor (Levent, Swope, and Semanson) and two members absent (Amos and Mills).

Commissioner Mills returned to the meeting.

There was a motion by Commissioner Semanson and a second by Commissioner Levent to reappoint Jim Grogan, Joanne Tolleson and Bobby Thomas as members to the Development Authority and that this item is approved as time sensitive. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

There was a motion by Commissioner Levent and a second by Commissioner Swope to reappoint Lamar Suddeth as a member to the Board of Health and that this item is approved as time sensitive. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

(18) Board consideration and appointment of Region One Planning Board (DBHDD) member to fill the unexpired term vacated by Carolyn Watters

There was a motion by Commissioner Levent and a second by Commissioner Mills to appoint Melissa Davis as a member to the Region One Planning Board (DBHDD) to fill the unexpired term vacated by Carolyn Watters and that this item is approved as time sensitive. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

(19) Discussion of request for local legislation to create the Forsyth County Marshal Service

The County Attorney distributed a Resolution of the Board of Commissioners requesting and authorizing the Local Delegation to introduce legislation at the Regular 2017 Session of the General Assembly of the State of Georgia adopting an Act providing for the creation of the Forsyth County Marshals and the employment of Marshals by Forsyth County and further providing for the qualifications and powers of Marshals employed by Forsyth County and for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The proposed Bill was reviewed and discussed.

 Commissioner Mills stated that she has been in contact with Representative Gilligan and she would volunteer to be part of a committee to discuss this proposal before it is sent to the Local Delegation.

Steve Zaring, Code Enforcement Supervisor, addressed the Board.

The Board requested the County Manager to provide budget information for Animal Control and any other departments that may be involved.

The County Attorney recommended to the Board that a meeting with members of the Local Delegation should be considered since an interest by a member of the delegation was expressed.

There was a motion by Commissioner Levent and a second by Commissioner Swope to postpone this item to the Work Session of January 24, 2017. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

(20) Discussion of the Forsyth County Tree Ordinance

There was a motion by Commissioner Levent and a second by Commissioner Semanson to authorize staff to advertise for a Public Hearing to revert to the prior version of the Tree Ordinance, to also add an additional tree per residential lot and other possible miscellaneous revisions. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

(21) Board consideration of 2017 scheduled BOC meeting dates

There was a motion by Commissioner Levent and a second by Commissioner Swope to move the Regular Meeting/Public Hearing meeting of April 6 to April 13. Motion and second were withdrawn.

There was a motion by Commissioner Levent and a second by Commissioner Semanson to move the Regular Meeting/Public Hearing meeting of April 6 to April 13 and to eliminate the Work Session of April 11. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

(22) Board consideration and approval of a Resolution enacting a limited moratorium on the acceptance of applications for rezoning of property to the CR2, RES3, RES4 and MPD Districts – See Page #4 for action taken on this item

(23) Discussion of possible creation of Forsyth County citizen advocates

This item involves the possible creation of Forsyth County citizen advocates who would assist the Planning Commission members in order for the Planning Commissioner to make as thorough of a recommendation to the Board of Commissioners as possible. This would be an outreach and communication program. It was suggested that each Board member could appoint up to five (5) additional individuals who would support the Planning Commissioner. Each Planning Commission member would still be responsible for making the land use recommendation for their district.

Cindy Henderson, Deputy Clerk, left the meeting.

Sonya Bush, Clerk, arrived at the meeting.

Commissioner Mills suggested having a conversation with existing Planning Commissioners, zoning attorneys, etc. to get their input regarding the rezoning process and what improvements could be made.

Jody Moses addressed the Board.

There was discussion regarding how this concept would be implemented such as by UDC modification, by Resolution or simply a phone call. The County Attorney suggested that it be set-up by Resolution to give the stakeholders a mantle of legitimacy and authority. A clearly defined scope of what the advocates can do will need to be set. Once it is implemented and we see that it is working and functioning, then it could be transitioned into a UDC modification. The County Attorney also suggested that no compensation be provided until we see how this works.

The County Attorney will bring back a Resolution regarding the scope of authority, etc. that the Citizen Advocates would have to the Work Session of January 24, 2017.

(24) Discussion of miscellaneous proposed UDC revisions

The issue of creating sun-setting type language to set guidelines to trigger if a zoning application will sunset was discussed. In this context, sun-setting means that the zoning will automatically revert back to the prior zoning that existed before the most recent zoning change. The County Attorney advised that a rezoning must comply with the Zoning Procedures Law. The undoing of a zoning is also a zoning decision and requires compliance with the Zoning Procedures Law. An automatic reversion would not be lawful.

As an alternative, a UDC construct or a zoning condition construct could be set up with a system where we grant a zoning and then build into the UDC some timeframe by which something has to happen (such as application of LDP, issuance of LDP, etc.) for the zoning to remain undisturbed. However, if no permit is pulled, then the County could initiate a down-zoning. This approach would satisfy due process and the policy objectives. The Board would need to determine the trigger.

Commissioner Semanson distributed a proposed modification to the Unified Development Code regarding corporate stakeholder disclosure and transparency in the planning process. The County Attorney distributed language that was drafted and circulated several years ago. At that time, there was not an interest in pursuing the modification.

Robert Hoyt addressed the Board.

Alan Neal addressed the Board.

The County Attorney will provide proposed sun-setting language and proposed language regarding an LLC/Corporation disclosure affidavit in the planning process at the Work Session of January 24, 2017 for additional discussion and Board consideration.

There was discussion regarding rezoning applications that do not having clear conditions by the time an application comes before the Planning Commission. Chairman Levent would like to see the conditions 95%-100% completed by the Planning Commission Work Session. Also, at the time a rezoning application comes to the Board of Commissioners, should any conditions that were agreed to and voted upon change, then the application should be remanded to the Planning Commission.

Emory Lipscomb addressed the Board.

The Director of Planning & Community Development suggested that the Planning Commission members be allowed to make the decisions regarding those items on a case-by-case basis.

Chairman Levent distributed a copy of Table 11.2(b) - Performance Standards for Residential Districts. The Board discussed various changes to the Performance Standards.

Tom Brown, Director of Planning & Community Development, summarized the proposed changes as follows:

RES1:

Change the Minimum heated floor area per dwelling units to 1,500 sq. ft.

RES2:

Change the Maximum density per acre with individual on-site sewage disposal from 1.71 units per acre to 1.50 units per acre.

Change the Maximum density per acre when connected to approved public or private sewer system from 2.00 units per acre to 1.80 units per acre.

Change the Minimum side setback to 10 feet.

Change the Minimum heated floor area per dwelling units to 2,000 sq. ft.

RES3:

Change the Minimum lot width (feet) from 70 to 80.

Change the Minimum side setback to 10 feet.

RES4:

Change the Minimum side setback to 10 feet.

Change the Minimum heated floor area per dwelling units to 1,500 sq. ft.

RES6:

Change the Minimum heated floor area for non-apartments to 1,500 sq. ft.

Change the Minimum heated floor area for apartments to 900 sq. ft. for a 1-bedroom with 150 sq. ft. for each additional bedroom.

CR2:

Remove CR2.

There was a motion by Commissioner Levent and a second by Commissioner Swope to authorize staff to proceed with the advertisement for a public hearing regarding the proposed changes to Table 11.2(b) as read into the record by the Director of Planning & Community Development and that this item is approved as time sensitive. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

(25) Apartment maintenance standards for inclusion in the UDC

This item comes as a result of a zoning condition that was placed on a multi-family rezoning in District #4 that addressed apartment maintenance standards. The intent of this item is that if we are going to have multi-family in the county, and we are to some extent, that it be preserved. The County Attorney will survey nearby jurisdictions for typical apartment maintenance ordinance language. This item will be placed on a future Work Session agenda for further discussion.

(26) Consideration of Committee for Coal Mountain Overlay

Commissioner Mills reviewed the duties and expectations of the proposed Committee for the Coal Mountain Overlay. The first meeting will be held on Wednesday, January 18 at 6:00 p.m. in the Commissioners Conference Room. The remainder of the meetings will be held on Mondays.

There was a motion by Commissioner Mills and a second by Commissioner Levent to appoint, on a time sensitive basis, the following members to the Committee for the Coal Mountain Overlay:

Seth Thomas
David McBrayer
Charlie Heard
Christine Bachnel
Candy Hammond
Steve Holder
Alan Neal
Robbie Caesar (will alternate and share a vote with Ryan Kerosec)
Ryan Kerosec (will alternate and share a vote with Robbie Caesar)
Paul Hamby

Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

It was noted that Commissioner Mills will also be a member of the committee but will only vote in the event of a tie.

(27) Board discussion of Judicial Salaries and possible request for local legislation

There was a motion by Commissioner Mills and a second by Commissioner Semanson to direct the County Attorney to draft a Resolution to be sent to the Local Delegation and to place the Resolution on the Consent Agenda of January 19, 2017 for Board approval. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

There was a motion by Commissioner Semanson and a second by Commissioner Swope to recess the Work Session and enter into Executive Session for the purposes of Litigation, Land Acquisition and/or Personnel. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

The County Attorney announced that there would be one additional action item to be considered following the Executive Session.

The Board came out of recess and reconvened the Work Session with four members present (Levent, Swope, Semanson and Mills) and one member absent (Amos).

(15) Board review and possible approval of a Consent Order resolving the Windsor v. Forsyth County litigation

There was a motion by Commissioner Levent and a second by Commissioner Mills to accept the Consent Order resolving the Windsor v. Forsyth County litigation. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).

There was a motion by Commissioner Mills and a second by Commissioner Swope to adjourn. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member absent (Amos).


____________________________________
Clerk/Deputy Clerk of Commission


The above and foregoing Minutes are hereby certified as being correct and ordered
recorded.


____________________________________________
TODD LEVENT, CHAIRMAN


____________________________________________
RICK SWOPE, VICE CHAIRMAN


____________________________________________
LAURA SEMANSON, SECRETARY


____________________________________________
RALPH J. AMOS, MEMBER


____________________________________________
CINDY J. MILLS, MEMBER

For detailed information concerning this meeting please reference the streaming video located on the Forsyth County Web site at www.forsythco.com.

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