Meetings

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

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

Thursday, January 19, 2017 5:00 PM

Board of Commissioners - Regular Meeting/Public Hearings

Location

Administration Building
110 E Main Street
Cumming, GA 30040

Meeting Video

   BOOKMARKS
03:48
Adoption of Agenda
04:40
Postponement of Gresham, Smith, and Partners and Forsyth County Settlement Agreement
05:58
Announcements and Reports
12:05
Public Comments
41:35
Adoption of Minutes
42:12
Consent Agenda
42:27
Coal Mountain area temporary moratorium on acceptance of land disturbance permits applications
44:46
Public Comments
56:30
Comprehensive plan discussion cont'd from Dec. 19, 2016 meeting to consider transmittal of draft plan for state review
01:35:05
Alt. Design Approval for Diamond Outdoor, Inc.
01:36:50
AZ150037 - Request to amend zoning conditions
01:44:55
AZ160023 - Beazer Homes
02:03:02
Proposed amendment to Chapter 21 of the Unified Development Code, the proposed South Forsyth Lifestyle Center Overlay
02:06:08
Consideration of vested rights determination related to a Sewer Reservation Agreement with REO Funding Solutions, II, LLC
02:16:33
ZA3768 - Zoning Approved on Dec. 15, 2016 to Planners and Engineers Collaborative, Inc., rezoning property zoned CBD to A1 to MPD, with conditions
02:27:57
Request Approval of an accessory use for Creekside United Methodist Church
02:32:50
Board Authorization for the County Attorney to retain Alston & Bird law to undertake review and revision of the County's Health Plan
02:34:06
ZBA Appointment recommendation of Steve Kirby

Documents

PUBLIC NOTICE

 

The Forsyth County Board of Commissioners will hold their Regular Meeting/Public Hearings on Thursday, January 19, 2017 @ 5:00 p.m. in the Commissioners’ Meeting Room, Suite 220 in the Forsyth County Administration Building located @ 110 East Main Street, Cumming, Georgia 30040. 

 

All interested persons are encouraged to attend.

 

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. 

 

 

Doug Derrer

County Manager

01/09/17

 

 

Revised 01/17/17

AGENDA

FORSYTH COUNTY BOARD OF COMMISSIONERS

THURSDAY, JANUARY 19, 2017 @ 5:00 P.M.

FORSYTH COUNTY ADMINISTRATION BUILDING

110 EAST MAIN STREET - SUITE 220

CUMMING, GEORGIA 30040

 

I.          Call Meeting to Order

 

II.         Invocation and Pledge of Allegiance

 

III.        Adoption of Agenda

 

IV.       Announcements and Reports:

 

(1)        Presentation of a Law Enforcement Commendation Medal to Lt. Donnie Daves

by the Robert Forsyth Chapter, Sons of the American Revolution – Chairman Levent

 

V.        Public Comments

 

VI.       Adoption of Minutes:

 

(1)        Regular Meeting/Public Hearings of January 5, 2017

 

(2)        Work Session and Executive Session of January 10, 2017

 

VII.      Consent Agenda:

 

(1)          Adoption of Resolution authorizing an Affidavit concerning the Executive Session of January 10, 2017

 

(2)          Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Bellhaven Point, Harcombe Way, Stonekirk Court, Norwood Lane and all other dedicated property and property rights as shown on subdivision plat for Bridgehampton, Phase 3 recorded in Plat Book 163, Pages 81-93, Forsyth County, Georgia Records – District #3 – Director of Engineering

 

(3)          Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Yellow Birch Street, Sweet Cherry Lane, Carolina Poplar Drive and all other dedicated property and property rights as shown on subdivision plat for Westlake, Phase 2 recorded in Plat Book 163, Pages 94-109, Forsyth County, Georgia Records – District #3 – Director of Engineering    

 

(4)          Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Westhaven Drive, Townley Drive, Bridges Court, Hazel Avenue and all other dedicated property and property rights as shown on subdivision plat for Westhaven, Phase 1 recorded in Plat Book 163, Pages 48-60, Forsyth County, Georgia Records – District #1 – Director of Engineering

 

(5)          Board ratification of the following Sewer Reservation Agreements:  (Director of Water & Sewer)

 

(A)       Fowler WRF

 

            (i)         2009 Finance, LLC – 23,220 gpd

            (ii)        Lennar Georgia, Inc. – 15,660 gpd

            (iii)       Dimple Mahajan – 131 gpd

            (iv)       DR Horton, Inc. – 270 gpd

 

(B)       James Creek WRF

 

            (i)         Prasad Valiveti & Madhusudhana Shastrula – 810 gpd

            (ii)        2009 Finance, LLC – 5,940 gpd

 

(C)       Shakerag WRF

 

            (i)         OHJC Old Atlanta, LLC – 270 gpd

 

(D)       Dick Creek WRF

 

            (i)         JKN Ventures, LLC – 100 gpd

 

(E)       Fulton/Big Creek WRF

 

            (i)         Native Tree, LLC – 68 gpd

 

(F)       Fulton/Johns Creek WRF

 

            (i)         United Development Services – 879 gpd

 

(G)       City of Cumming

 

            (i)         Racks SBG, LLC d/b/a Orion Construction Group – 335 gpd

 

(6)          Board ratification of the following items that were discussed and voted on at a Work Session held on January 10, 2017 (to the extent that a Board member(s) was not present to vote on some of the items presented below at the January 10, 2017 Work Session, the absent Board member has indicated having no objection to placement of the items on the consent agenda – at the request of county staff – as anticipated by Board rule 1.07.01):

 

(A)       Board authorization for the Procurement Department to issue an RFP regarding a proposed Bike Share Program concept for the Big Creek Greenway – Director of Parks & Recreation

 

(B)       Board approval to award Bid 16-159-3150 for hot asphaltic concrete to C. W. Matthews Contracting Co. Inc., Blount Construction Co. Inc. and Baldwin Paving Co. Inc. – Procurement Director

 

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

 

(D)       Board approval 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 $63,833,354.00 – Procurement Director

 

(E)       Board approval to utilize Interior Design Services for the Forsyth County Administration Building – second floor common area and the Administration Suite Reception area in a not to exceed amount of $7,700.00 – Procurement Director

 

(F)       Board approval to withdraw from the Agenda the 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

 

(G)       Board approval of Resolution authorizing the Director of Water & Sewer to accept water and sewer easements on behalf of Forsyth County – County Attorney

 

(H)       Board approval to record no objection to 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

 

(I)         Board approval of a Consent Order resolving the Windsor v. Forsyth County litigation – County Attorney

 

(J)        Board approval of the following Board/Committee Appointments: (County Manager)

 

·         911 Center Advisory Board –  Commissioner Swope

 

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

 

·         GMRC Council – Chairman Levent

 

·         Lanier Joint Development Authority – Commissioner Semanson

 

·         Social Services Committee – Commissioner Mills and Commissioner Swope

 

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

 

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

 

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

 

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

 

(K)       Board approval to postpone discussion of request for local legislation to create the Forsyth County Marshal Service to the January 24, 2017 Work Session - Levent/Swope

 

(L)        Board approval to advertise for a Public Hearing to revert to the prior version of the Tree Ordinance, and to also add an additional tree per residential lot, and other possible miscellaneous revisions – Semanson/Swope

 

(M)       Board approval to move the April 6, 2017 regular Board of Commissioners meeting to April 13, 2017 and to also cancel the April 11, 2017 Board of Commissioners Work Session – Semanson/Levent

 

(N)       Board authorization to the County Attorney to draft a Resolution to be sent to the local delegation regarding Judicial Salaries and possible request for local legislation – County Attorney

 

(7)          Resolution to local delegation expressing support for legislation separating Superior Court judicial salaries from State Court judicial salaries and Solicitor’s salary – County Attorney

 

(8)          Resolution establishing a 5% merit increase in compensation for the Forsyth County Manager, and contract modification (if warranted) – Board of Commissioners

                                                                                                                    

VIII.    Public Hearing:

 

(1)          Public Hearing and consideration of possible extension, until March 20, 2017, of the temporary moratorium adopted December 20, 2016 on the acceptance of applications for land disturbance permits for commercial uses on property located in the Coal Mountain area of the County – County Attorney

 

IX.     Public Comments

 

X.      Old Business:

 

(1)          Comprehensive Plan discussion – continued from December 19, 2016 meeting to consider transmittal of draft plan for state review – Jacobs

 

(2)          Board consideration of Alternate Design Approval for Diamond Outdoor, Inc. – District #5 – Director of Planning & Community Development

(Public Hearing was held 12/15/16)

 

(3)          Board consideration of request by Emory Lipscomb on behalf of 58NW, LLC to amend zoning conditions placed on ZA3285 (Eubanks & Gibson Investments, LLC) – AZ150037 – District #4 – Director of Planning & Community Development

(A Public Hearing was held 11/03/16 - Decision was postponed from 11/17/16 and 12/15/16 Agendas).

           

(4)          Board consideration of request by Josh Scoggins on behalf of Beazer Homes, LLC to amend zoning conditions placed on ZA3270 (Ruby Forrest, Inc.) – AZ160023 – District #3 – Director of Planning & Community Development

(Public Hearing was held 01/05/17.  Decision was postponed to 01/19/17).

 

(5)        Board consideration of a Settlement Agreement between Forsyth County and Gresham, Smith & Partners regarding contractual dispute over Old Atlanta Road Phases 4 & 5 and McFarland/Shiloh Road Sidewalk Project – County Attorney

(Postponed from 12/15/16 and 01/05/17 Agendas).

 

(6)        Board consideration 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.  The vote on November 3, 2016 was a vote to deny the Overlay, which resulted in a tie.  The votes of those Board members that voted on November 3, 2016 – who continue to serve on the Board – will remain as cast; with new Board members now casting their votes – County Attorney

 

(7)        Board consideration of vested rights determination related to a Sewer Reservation Agreement with REO Funding solutions, II, LLC for the Lakes at Franklin Goldmine, Phase 2 for 111 lots (29,970 gpd) – County Attorney

            (Postponed from 12/15/16 and 01/05/17 Agendas).

 

(8)        Board consideration of County initiated zoning condition amendment concerning ZA3768, a zoning approved on December 15, 2016 to Planners and Engineers Collaborative, Inc., rezoning property zoned CBD and A1 to MPD, with conditions – Levent/Swope

 

 

XI.     New Business:

 

(1)        Request approval of an accessory use for Creekside United Methodist Church – District #2 - Director of Planning & Community Development

 

(2)          Board authorization for the County Attorney to retain Alston & Bird law firm for that firm to undertake a specialized review and revision of the County’s Health plan, to include associated benefit plan material – County Attorney

 

XIl.    Recess Regular Meeting

 

XIII.    Executive Session (if needed)

 

XIV.   Adjournment

 

 

 

Members Present:

 

Todd Levent, Chairman; Rick Swope, Vice Chairman; Laura Semanson, Secretary; Ralph J. Amos, Member; Cindy J. Mills, Member 

 

 

MEETING SUMMARY

 

AGENDA

FORSYTH COUNTY BOARD OF COMMISSIONERS

THURSDAY, JANUARY 19, 2017 @ 5:00 P.M.

FORSYTH COUNTY ADMINISTRATION BUILDING

110 EAST MAIN STREET - SUITE 220

CUMMING, GEORGIA 30040

 

I.          Call Meeting to Order

Called to Order @ 5:04 p.m.

 

II.         Invocation and Pledge of Allegiance

The Invocation was given by the Reverend Mike Schmid of First Redeemer Church.

 

III.        Adoption of Agenda

The Board voted unanimously to adopt the Agenda as amended:

 

·         Added New Business #3 – Appointment of member to the Zoning Board of Appeals for Commission District #5

 

·         Moved Old Business #5 (Settlement Agreement between Forsyth County and Gresham, Smith & Partners) to the 02/16/17 Agenda.

 

IV.       Announcements and Reports:

 

(1)        Presentation of a Law Enforcement Commendation Medal to Lt. Donnie Daves

by the Robert Forsyth Chapter, Sons of the American Revolution – Chairman Levent

            Lt. Donnie Daves was presented with the Law Enforcement Commendation Medal.

 

V.        Public Comments

Nine (9) Speakers

 

VI.       Adoption of Minutes:

 

(1)        Regular Meeting/Public Hearings of January 5, 2017

            The Board voted unanimously to adopt the minutes.

 

(2)        Work Session and Executive Session of January 10, 2017

            The Board voted unanimously to adopt the minutes.

 

VII.      Consent Agenda:

 

The Board voted unanimously to adopt the Consent Agenda.

 

(1)          Adoption of Resolution authorizing an Affidavit concerning the Executive Session of January 10, 2017

 

(2)          Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Bellhaven Point, Harcombe Way, Stonekirk Court, Norwood Lane and all other dedicated property and property rights as shown on subdivision plat for Bridgehampton, Phase 3 recorded in Plat Book 163, Pages 81-93, Forsyth County, Georgia Records – District #3 – Director of Engineering

 

(3)          Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Yellow Birch Street, Sweet Cherry Lane, Carolina Poplar Drive and all other dedicated property and property rights as shown on subdivision plat for Westlake, Phase 2 recorded in Plat Book 163, Pages 94-109, Forsyth County, Georgia Records – District #3 – Director of Engineering    

 

(4)          Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Westhaven Drive, Townley Drive, Bridges Court, Hazel Avenue and all other dedicated property and property rights as shown on subdivision plat for Westhaven, Phase 1 recorded in Plat Book 163, Pages 48-60, Forsyth County, Georgia Records – District #1 – Director of Engineering

 

(5)          Board ratification of the following Sewer Reservation Agreements:  (Director of Water & Sewer)

 

(A)       Fowler WRF

 

            (i)         2009 Finance, LLC – 23,220 gpd

            (ii)        Lennar Georgia, Inc. – 15,660 gpd

            (iii)       Dimple Mahajan – 131 gpd

            (iv)       DR Horton, Inc. – 270 gpd

 

(B)       James Creek WRF

 

            (i)         Prasad Valiveti & Madhusudhana Shastrula – 810 gpd

            (ii)        2009 Finance, LLC – 5,940 gpd

 

(C)       Shakerag WRF

 

            (i)         OHJC Old Atlanta, LLC – 270 gpd

 

(D)       Dick Creek WRF

 

            (i)         JKN Ventures, LLC – 100 gpd

 

(E)       Fulton/Big Creek WRF

 

            (i)         Native Tree, LLC – 68 gpd

 

(F)       Fulton/Johns Creek WRF

 

            (i)         United Development Services – 879 gpd

 

(G)       City of Cumming

 

            (i)         Racks SBG, LLC d/b/a Orion Construction Group – 335 gpd

 

(6)          Board ratification of the following items that were discussed and voted on at a Work Session held on January 10, 2017 (to the extent that a Board member(s) was not present to vote on some of the items presented below at the January 10, 2017 Work Session, the absent Board member has indicated having no objection to placement of the items on the consent agenda – at the request of county staff – as anticipated by Board rule 1.07.01):

 

(A)       Board authorization for the Procurement Department to issue an RFP regarding a proposed Bike Share Program concept for the Big Creek Greenway – Director of Parks & Recreation

 

(B)       Board approval to award Bid 16-159-3150 for hot asphaltic concrete to C. W. Matthews Contracting Co. Inc., Blount Construction Co. Inc. and Baldwin Paving Co. Inc. – Procurement Director

 

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

 

(D)       Board approval 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 $63,833,354.00 – Procurement Director

 

(E)       Board approval to utilize Interior Design Services for the Forsyth County Administration Building – second floor common area and the Administration Suite Reception area in a not to exceed amount of $7,700.00 – Procurement Director

 

(F)       Board approval to withdraw from the Agenda the 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

 

(G)       Board approval of Resolution authorizing the Director of Water & Sewer to accept water and sewer easements on behalf of Forsyth County – County Attorney

 

 

(H)       Board approval to record no objection to 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

 

(I)         Board approval of a Consent Order resolving the Windsor v. Forsyth County litigation – County Attorney

 

(J)        Board approval of the following Board/Committee Appointments: (County Manager)

 

·         911 Center Advisory Board –  Commissioner Swope

 

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

 

·         GMRC Council – Chairman Levent

 

·         Lanier Joint Development Authority – Commissioner Semanson

 

·         Social Services Committee – Commissioner Mills and Commissioner Swope

 

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

 

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

 

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

 

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

 

(K)       Board approval to postpone discussion of request for local legislation to create the Forsyth County Marshal Service to the January 24, 2017 Work Session - Levent/Swope

 

(L)        Board approval to advertise for a Public Hearing to revert to the prior version of the Tree Ordinance, and to also add an additional tree per residential lot, and other possible miscellaneous revisions – Semanson/Swope

 

(M)       Board approval to move the April 6, 2017 regular Board of Commissioners meeting to April 13, 2017 and to also cancel the April 11, 2017 Board of Commissioners Work Session – Semanson/Levent

 

(N)       Board authorization to the County Attorney to draft a Resolution to be sent to the local delegation regarding Judicial Salaries and possible request for local legislation – County Attorney

 

(7)          Resolution to local delegation expressing support for legislation separating Superior Court judicial salaries from State Court judicial salaries and Solicitor’s salary – County Attorney

 

(8)          Resolution establishing a 5% merit increase in compensation for the Forsyth County Manager, and contract modification (if warranted) – Board of Commissioners

                                   

                                                                                

VIII.    Public Hearing:

 

(1)        Public Hearing and consideration of possible extension, until March 20, 2017, of the temporary moratorium adopted December 20, 2016 on the acceptance of applications for land disturbance permits for commercial uses on property located in the Coal Mountain area of the County – County Attorney

The Public Hearing was held.  The Board voted unanimously to extend the moratorium as presented.

IX.     Public Comments

         One (1) Speaker

 

 

X.      Old Business:

 

(1)          Comprehensive Plan discussion – continued from December 19, 2016 meeting to consider transmittal of draft plan for state review – Jacobs

Amanda Hatton presented the draft plan.  The Board voted unanimously to place this item on the 02/16/17 Agenda to allow extra time for the Board to review and to be comfortable with the reconciliations.

 

(2)          Board consideration of Alternate Design Approval for Diamond Outdoor, Inc. – District #5 – Director of Planning & Community Development

(Public Hearing was held 12/15/16)

The Board voted unanimously to deny.

 

(3)          Board consideration of request by Emory Lipscomb on behalf of 58NW, LLC to amend zoning conditions placed on ZA3285 (Eubanks & Gibson Investments, LLC) – AZ150037 – District #4 – Director of Planning & Community Development

(A Public Hearing was held 11/03/16 - Decision was postponed from 11/17/16 and 12/15/16 Agendas).

                        The Board voted unanimously to postpone to 02/16/17.          

 

(4)          Board consideration of request by Josh Scoggins on behalf of Beazer Homes, LLC to amend zoning conditions placed on ZA3270 (Ruby Forrest, Inc.) – AZ160023 – District #3 – Director of Planning & Community Development

(Public Hearing was held 01/05/17.  Decision was postponed to 01/19/17).

The Board voted unanimously to postpone to 02/02/17.

 

(5)        Board consideration of a Settlement Agreement between Forsyth County and Gresham, Smith & Partners regarding contractual dispute over Old Atlanta Road Phases 4 & 5 and McFarland/Shiloh Road Sidewalk Project – County Attorney

(Postponed from 12/15/16 and 01/05/17 Agendas).

Postponed to 02/16/17.

 

(6)        Board consideration 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.  The vote on November 3, 2016 was a vote to deny the Overlay, which resulted in a tie.  The votes of those Board members that voted on November 3, 2016 – who continue to serve on the Board – will remain as cast; with new Board members now casting their votes – County Attorney

The Board voted 3-2 to deny.  (Commissioners Levent, Semanson, Swope voted in favor to deny and Commissioners Mills, Amos voted in opposition to deny).

 

(7)        Board consideration of vested rights determination related to a Sewer Reservation Agreement with REO Funding Solutions, II, LLC for the Lakes at Franklin Goldmine, Phase 2 for 111 lots (29,970 gpd) – County Attorney

            (Postponed from 12/15/16 and 01/05/17 Agendas).

            A related involving a possible moratorium or county-initiated zoning condition amendment was added to the 01/24/17 Work Session Agenda.

 

(8)        Board consideration of County initiated zoning condition amendment concerning ZA3768, a zoning approved on December 15, 2016 to Planners and Engineers Collaborative, Inc., rezoning property zoned CBD and A1 to MPD, with conditions – Levent/Swope

The Board voted 4-1 (Commissioner Amos opposed) to commence a county-initiated zoning condition amendment related to ZA3768 and to schedule a Public Hearing on 02/16/17.  Below is the motion by Chairman Levent:

I move that the County commence a county-initiated zoning condition amendment related to ZA3768, for the purpose of modifying or adding conditions related to (1) connectivity, (2) cross-walk signalization, (3) greenspace/open space requirements, (4) updated MPD site concept plan,  (5) age restricted versus age targeted requirements, (6) residential density, and (7) design standards.  This motion is made in the event that a rescission is not feasible or viable; and, if this zoning is rescinded on February 2, 2017 then this zoning condition amendment should stand automatically withdrawn. I request that County staff run the necessary legal ads and that this matter be scheduled for the February 16 Board of Commissioners agenda for a public hearing and possible action.

 

 

 

 

 

XI.     New Business:

 

(1)        Request approval of an accessory use for Creekside United Methodist Church – District #2 - Director of Planning & Community Development

            The Board voted unanimously to approve the Site Plan as presented.

 

(2)        Board authorization for the County Attorney to retain Alston & Bird law firm for that firm to undertake a specialized review and revision of the County’s Health plan, to include associated benefit plan material – County Attorney

The Board voted unanimously to adopt the Resolution (as presented) authorizing the engagement of Alston & Bird, LLP for purposes of review of Forsyth County Benefit Plan materials.

 

                        The following item was added to the Agenda:

 

(3)        Appointment of member to the Zoning Board of Appeals for Commission District #5 – Commissioner Semanson

The Board voted unanimously to appoint Steve Kirby.

 

XIl.    Recess Regular Meeting

 

XIII.    Executive Session (if needed)

 

XIV.   Adjournment

            The Board voted unanimously to adjourn the meeting @ 7:39 p.m.

 

 

FORSYTH COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING/PUBLIC HEARING
JANUARY 19, 2017

On Thursday, January 19, 2017 at 5:04 p.m., in the Commissioners’ Meeting Room of the Forsyth County Administration Building, the Forsyth County Board of Commissioners held a Regular Meeting/Public Hearing with the following persons present: Todd Levent – Chairman, Rick Swope – Vice Chairman, Laura Semanson – Secretary, Ralph J. Amos – Member, Cindy Jones Mills – Member, Doug Derrer – County Manager, Tim Merritt – Deputy County Manager, Ken Jarrard – County Attorney and Sonya Bush – Clerk.

AGENDA
FORSYTH COUNTY BOARD OF COMMISSIONERS
THURSDAY, JANUARY 19, 2017 @ 5:00 P.M.
FORSYTH COUNTY ADMINISTRATION BUILDING
110 EAST MAIN STREET - SUITE 220
CUMMING, GEORGIA 30040

I. Call Meeting to Order

II. Invocation and Pledge of Allegiance

III. Adoption of Agenda

IV. Announcements and Reports:

(1) Presentation of a Law Enforcement Commendation Medal to Lt. Donnie Daves
by the Robert Forsyth Chapter, Sons of the American Revolution – Chairman Levent

V. Public Comments

VI. Adoption of Minutes:

(1) Regular Meeting/Public Hearings of January 5, 2017

(2) Work Session and Executive Session of January 10, 2017

VII. Consent Agenda:

(1) Adoption of Resolution authorizing an Affidavit concerning the Executive Session of January 10, 2017

(2) Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Bellhaven Point, Harcombe Way, Stonekirk Court, Norwood Lane and all other dedicated property and property rights as shown on subdivision plat for Bridgehampton, Phase 3 recorded in Plat Book 163, Pages 81-93, Forsyth County, Georgia Records – District #3 – Director of Engineering

(3) Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Yellow Birch Street, Sweet Cherry Lane, Carolina Poplar Drive and all other dedicated property and property rights as shown on subdivision plat for Westlake, Phase 2 recorded in Plat Book 163, Pages 94-109, Forsyth County, Georgia Records – District #3 – Director of Engineering

(4) Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Westhaven Drive, Townley Drive, Bridges Court, Hazel Avenue and all other dedicated property and property rights as shown on subdivision plat for Westhaven, Phase 1 recorded in Plat Book 163, Pages 48-60, Forsyth County, Georgia Records – District #1 – Director of Engineering

(5) Board ratification of the following Sewer Reservation Agreements: (Director of Water & Sewer)

(A) Fowler WRF

(i) 2009 Finance, LLC – 23,220 gpd
(ii) Lennar Georgia, Inc. – 15,660 gpd
(iii) Dimple Mahajan – 131 gpd
(iv) DR Horton, Inc. – 270 gpd

(B) James Creek WRF

(i) Prasad Valiveti & Madhusudhana Shastrula – 810 gpd
(ii) 2009 Finance, LLC – 5,940 gpd

(C) Shakerag WRF

(i) OHJC Old Atlanta, LLC – 270 gpd

(D) Dick Creek WRF

(i) JKN Ventures, LLC – 100 gpd

(E) Fulton/Big Creek WRF

(i) Native Tree, LLC – 68 gpd

(F) Fulton/Johns Creek WRF

(i) United Development Services – 879 gpd

(G) City of Cumming

(i) Racks SBG, LLC d/b/a Orion Construction Group – 335 gpd

(6) Board ratification of the following items that were discussed and voted on at a Work Session held on January 10, 2017 (to the extent that a Board member(s) was not

present to vote on some of the items presented below at the January 10, 2017 Work Session, the absent Board member has indicated having no objection to placement of the items on the consent agenda – at the request of county staff – as anticipated by Board rule 1.07.01):

(A) Board authorization for the Procurement Department to issue an RFP regarding a proposed Bike Share Program concept for the Big Creek Greenway – Director of Parks & Recreation

(B) Board approval to award Bid 16-159-3150 for hot asphaltic concrete to C. W. Matthews Contracting Co. Inc., Blount Construction Co. Inc. and Baldwin Paving Co. Inc. – Procurement Director

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

(D) Board approval 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 $63,833,354.00 – Procurement Director

(E) Board approval to utilize Interior Design Services for the Forsyth County Administration Building – second floor common area and the Administration Suite Reception area in a not to exceed amount of $7,700.00 – Procurement Director

(F) Board approval to withdraw from the Agenda the 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

(G) Board approval of Resolution authorizing the Director of Water & Sewer to accept water and sewer easements on behalf of Forsyth County – County Attorney

(H) Board approval to record no objection to 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

(I) Board approval of a Consent Order resolving the Windsor v. Forsyth County litigation – County Attorney

(J) Board approval of the following Board/Committee Appointments: (County Manager)

• 911 Center Advisory Board – Commissioner Swope

• D.A.T.E. Fund Advisory Committee – Commissioner Mills

• GMRC Council – Chairman Levent

• Lanier Joint Development Authority – Commissioner Semanson

• Social Services Committee – Commissioner Mills and Commissioner Swope

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

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

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

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

(K) Board approval to postpone discussion of request for local legislation to create the Forsyth County Marshal Service to the January 24, 2017 Work Session - Levent/Swope

(L) Board approval to advertise for a Public Hearing to revert to the prior version of the Tree Ordinance, and to also add an additional tree per residential lot, and other possible miscellaneous revisions – Semanson/Swope

(M) Board approval to move the April 6, 2017 regular Board of Commissioners meeting to April 13, 2017 and to also cancel the April 11, 2017 Board of Commissioners Work Session – Semanson/Levent

(N) Board authorization to the County Attorney to draft a Resolution to be sent to the local delegation regarding Judicial Salaries and possible request for local legislation – County Attorney

(7) Resolution to local delegation expressing support for legislation separating Superior Court judicial salaries from State Court judicial salaries and Solicitor’s salary – County Attorney

(8) Resolution establishing a 5% merit increase in compensation for the Forsyth County Manager, and contract modification (if warranted) – Board of Commissioners

VIII. Public Hearing:

(1) Public Hearing and consideration of possible extension, until March 20, 2017, of the temporary moratorium adopted December 20, 2016 on the acceptance of

applications for land disturbance permits for commercial uses on property located in the Coal Mountain area of the County – County Attorney

IX. Public Comments

X. Old Business:

(1) Comprehensive Plan discussion – continued from December 19, 2016 meeting to consider transmittal of draft plan for state review – Jacobs

(2) Board consideration of Alternate Design Approval for Diamond Outdoor, Inc. – District #5 – Director of Planning & Community Development
(Public Hearing was held 12/15/16)

(3) Board consideration of request by Emory Lipscomb on behalf of 58NW, LLC to amend zoning conditions placed on ZA3285 (Eubanks & Gibson Investments, LLC) – AZ150037 – District #4 – Director of Planning & Community Development
(A Public Hearing was held 11/03/16 - Decision was postponed from 11/17/16 and 12/15/16 Agendas).

(4) Board consideration of request by Josh Scoggins on behalf of Beazer Homes, LLC to amend zoning conditions placed on ZA3270 (Ruby Forrest, Inc.) – AZ160023 – District #3 – Director of Planning & Community Development
(Public Hearing was held 01/05/17. Decision was postponed to 01/19/17).

(5) Board consideration of a Settlement Agreement between Forsyth County and Gresham, Smith & Partners regarding contractual dispute over Old Atlanta Road Phases 4 & 5 and McFarland/Shiloh Road Sidewalk Project – County Attorney
(Postponed from 12/15/16 and 01/05/17 Agendas).

(6) Board consideration 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. The vote on November 3, 2016 was a vote to deny the Overlay, which resulted in a tie. The votes of those Board members that voted on November 3, 2016 – who continue to serve on the Board – will remain as cast; with new Board members now casting their votes – County Attorney

(7) Board consideration of vested rights determination related to a Sewer Reservation Agreement with REO Funding Solutions, II, LLC for the Lakes at Franklin Goldmine, Phase 2 for 111 lots (29,970 gpd) – County Attorney
(Postponed from 12/15/16 and 01/05/17 Agendas).

(8) Board consideration of County initiated zoning condition amendment concerning ZA3768, a zoning approved on December 15, 2016 to Planners and Engineers Collaborative, Inc., rezoning property zoned CBD and A1 to MPD, with conditions – Levent/Swope

XI. New Business:

(1) Request approval of an accessory use for Creekside United Methodist Church – District #2 - Director of Planning & Community Development

(2) Board authorization for the County Attorney to retain Alston & Bird law firm for that firm to undertake a specialized review and revision of the County’s Health plan, to include associated benefit plan material – County Attorney

XIl. Recess Regular Meeting

XIII. Executive Session (if needed)

XIV. Adjournment

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

The Invocation and Pledge of Allegiance were led by Reverend Mike Schmid of First Redeemer Church.

ADOPTION OF AGENDA

OLD BUSINESS

There was a motion by Commissioner Mills and a second by Commissioner Amos to move Old Business, Item #5 (Board consideration of a Settlement Agreement between Forsyth County and Gresham, Smith & Partners regarding contractual dispute over Old Atlanta Road Phases 4 & 5 and McFarland/Shiloh Road Sidewalk Project) to the Regular Meeting of February 16, 2017 at the request of the County Attorney. Motion carried unanimously.

NEW BUSINESS

There was a motion by Commissioner Semanson and a second by Commissioner Levent to add New Business, Item #3 (Appointment of member to the Zoning Board of Appeals for Commission District #5). Motion carried unanimously.

There was a motion by Commissioner Swope and a second by Commissioner Mills to adopt the agenda as amended. Motion carried unanimously.

UNDER ANNOUNCEMENTS AND REPORTS THE FOLLOWING ACTIONS WERE TAKEN:

Lt. Donnie Daves was presented with the Law Enforcement Commendation Medal by members of the Robert Forsyth Chapter, Sons of the American Revolution.

UNDER PUBLIC COMMENTS THE FOLLOWING PERSONS ADDRESSED THE BOARD:

William Steiglitz
JoAnne Leach
Bob Meier
Bill Gunby
David Ingmire
Larry Duckworth
Keith Medlock
Janice Chatham
Amanda Hood Cowart

UNDER ADOPTION OF MINUTES THE FOLLOWING ACTIONS WERE TAKEN:

(1) Regular Meeting/Public Hearings of January 5, 2017

There was a motion by Commissioner Mills and a second by Commissioner Swope to adopt the minutes of the Regular Meeting/Public Hearings of January 5, 2017. Motion carried unanimously.

(2) Work Session & Executive Session of January 10, 2017

There was a motion by Commissioner Mills and a second by Commissioner Swope to adopt the minutes of the Work Session & Executive Session of January 10, 2017. Motion carried unanimously.

CONSENT AGENDA

There was a motion by Commissioner Mills and a second by Commissioner Swope to approve the Consent Agenda as follows:

(1) Adoption of Resolution authorizing an Affidavit concerning the Executive Session of January 10, 2017

(2) Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Bellhaven Point, Harcombe Way, Stonekirk Court, Norwood Lane and all other dedicated property and property rights as shown on subdivision plat for Bridgehampton, Phase 3 recorded in Plat Book 163, Pages 81-93, Forsyth County, Georgia Records – District #3 – Director of Engineering

(3) Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Yellow Birch Street, Sweet Cherry Lane, Carolina Poplar Drive and all other dedicated property and property rights as shown on subdivision plat for Westlake, Phase 2 recorded in Plat Book 163, Pages 94-109, Forsyth County, Georgia Records – District #3 – Director of Engineering

(4) Acceptance of Right of Way as County maintained with a speed limit of 25 MPH on Westhaven Drive, Townley Drive, Bridges Court, Hazel Avenue and all other dedicated property and property rights as shown on subdivision plat for Westhaven, Phase 1 recorded in Plat Book 163, Pages 48-60, Forsyth County, Georgia Records – District #1 – Director of Engineering

(5) Board ratification of the following Sewer Reservation Agreements: (Director of Water & Sewer)

(A) Fowler WRF

(i) 2009 Finance, LLC – 23,220 gpd
(ii) Lennar Georgia, Inc. – 15,660 gpd
(iii) Dimple Mahajan – 131 gpd
(iv) DR Horton, Inc. – 270 gpd

(B) James Creek WRF

(i) Prasad Valiveti & Madhusudhana Shastrula – 810 gpd
(ii) 2009 Finance, LLC – 5,940 gpd

(C) Shakerag WRF

(i) OHJC Old Atlanta, LLC – 270 gpd

(D) Dick Creek WRF

(i) JKN Ventures, LLC – 100 gpd

(E) Fulton/Big Creek WRF

(i) Native Tree, LLC – 68 gpd

(F) Fulton/Johns Creek WRF

(i) United Development Services – 879 gpd

(G) City of Cumming

(i) Racks SBG, LLC d/b/a Orion Construction Group – 335 gpd

(6) Board ratification of the following items that were discussed and voted on at a Work Session held on January 10, 2017 (to the extent that a Board member(s) was not present to vote on some of the items presented below at the January 10, 2017 Work Session, the absent Board member has indicated having no objection to placement of the items on the consent agenda – at the request of county staff – as anticipated by Board rule 1.07.01):

(A) Board authorization for the Procurement Department to issue an RFP regarding a proposed Bike Share Program concept for the Big Creek Greenway – Director of Parks & Recreation

(B) Board approval to award Bid 16-159-3150 for hot asphaltic concrete to C. W. Matthews Contracting Co. Inc., Blount Construction Co. Inc. and Baldwin Paving Co. Inc. – Procurement Director

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

(D) Board approval 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 $63,833,354.00 – Procurement Director

(E) Board approval to utilize Interior Design Services for the Forsyth County Administration Building – second floor common area and the Administration Suite Reception area in a not to exceed amount of $7,700.00 – Procurement Director

(F) Board approval to withdraw from the Agenda the 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

(G) Board approval of Resolution authorizing the Director of Water & Sewer to accept water and sewer easements on behalf of Forsyth County – County Attorney

(H) Board approval to record no objection to 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

(I) Board approval of a Consent Order resolving the Windsor v. Forsyth County litigation – County Attorney

(J) Board approval of the following Board/Committee Appointments: (County Manager)

• 911 Center Advisory Board – Commissioner Swope

• D.A.T.E. Fund Advisory Committee – Commissioner Mills

• GMRC Council – Chairman Levent

• Lanier Joint Development Authority – Commissioner Semanson

• Social Services Committee – Commissioner Mills and Commissioner Swope

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

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

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

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

(K) Board approval to postpone discussion of request for local legislation to create the Forsyth County Marshal Service to the January 24, 2017 Work Session - Levent/Swope

(L) Board approval to advertise for a Public Hearing to revert to the prior version of the Tree Ordinance, and to also add an additional tree per residential lot, and other possible miscellaneous revisions – Semanson/Swope

(M) Board approval to move the April 6, 2017 regular Board of Commissioners meeting to April 13, 2017 and to also cancel the April 11, 2017 Board of Commissioners Work Session – Semanson/Levent

(N) Board authorization to the County Attorney to draft a Resolution to be sent to the local delegation regarding Judicial Salaries and possible request for local legislation – County Attorney

(7) Resolution to local delegation expressing support for legislation separating Superior Court judicial salaries from State Court judicial salaries and Solicitor’s salary – County Attorney

(8) Resolution establishing a 5% merit increase in compensation for the Forsyth County Manager, and contract modification (if warranted) – Board of Commissioners

Motion carried unanimously.

UNDER PUBLIC HEARING THE FOLLOWING ACTIONS WERE TAKEN:

(1) Public Hearing and consideration of possible extension, until March 20, 2017, of the temporary moratorium adopted December 20, 2016 on the acceptance of applications for land disturbance permits for commercial uses on property located in the Coal Mountain area of the County

There was a motion by Commissioner Mills and a second by Commissioner Swope to open the Public Hearing. Motion carried unanimously.

Speaking in favor:
William Stieglitz
David Ingmire

Speaking in opposition:
None

There was a motion by Commissioner Mills and a second by Commissioner Swope to close the Public Hearing. Motion carried unanimously.

There was a motion by Commissioner Mills and a second by Commissioner Amos to extend the moratorium through March 20, 2017 as presented. Motion carried unanimously.

UNDER PUBLIC COMMENTS THE FOLLOWING PERSON ADDRESSED THE BOARD:

Christopher Light

UNDER OLD BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:

(1) Comprehensive Plan discussion – continued from December 19, 2016 meeting to consider transmittal of draft plan for state review

Amanda Hatton, Jacobs, made a presentation to the Board.

There was a motion by Commissioner Swope and a second by Commissioner Levent to place this item on the agenda of the Regular Meeting of February 16, 2017 to allow extra time for the Board to review and be comfortable with the reconciliations. Motion carried unanimously.

(2) Board consideration of Alternate Design Approval for Diamond Outdoor, Inc. – District #5

There was a motion by Commissioner Semanson and a second by Commissioner Amos to deny the request for Alternate Design Approval for Diamond Outdoor, Inc. Motion carried unanimously.

(3) Board consideration of request by Emory Lipscomb on behalf of 58NW, LLC to amend zoning conditions placed on ZA3285 (Eubanks & Gibson Investments, LLC) – AZ150037 – District #4

There was a motion by Commissioner Mills and a second by Commissioner Levent to postpone this item to the Regular Meeting of February 16, 2017. Motion carried unanimously.

(4) Board consideration of request by Josh Scoggins on behalf of Beazer Homes, LLC to amend zoning conditions placed on ZA3270 (Ruby Forrest, Inc.) – AZ160023 – District #3

There was a motion by Commissioner Levent and a second by Commissioner Mills to postpone this item to the Regular Meeting/Public Hearings of February 2, 2017. Motion carried unanimously.

(5) Board consideration of a Settlement Agreement between Forsyth County and Gresham, Smith & Partners regarding contractual dispute over Old Atlanta Road Phases 4 & 5 and McFarland/Shiloh Road Sidewalk Project – Postponed to Regular Meeting of February 16, 2017

(6) Board consideration 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. The vote on November 3, 2016 was a vote to deny the Overlay, which resulted in a tie. The votes of those Board members that voted on November 3, 2016 – who continue to serve on the Board – will remain as cast; with new Board members now casting their votes

The County Attorney reviewed the procedure required to take action on this item. The motion to deny the Overlay remains 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.

The three Board members who were on the Board in 2016 pressed the appropriate voting button to display their vote as cast on November 3 as follows: Chairman Levent – green, Commissioner Amos – red and Commissioner Mills – red. Vice Chairman Swope and Commissioner Semanson then cast their votes.

Motion to deny the Overlay carried with three members in favor (Levent, Swope and Semanson) and two members in opposition (Amos and Mills).

(7) Board consideration of vested rights determination related to a Sewer Reservation Agreement with REO Funding Solutions, II, LLC for the Lakes at Franklin Goldmine, Phase 2 for 111 lots (29,970 gpd)

The County Attorney advised the Board that he had placed a letter at their stations regarding the vested rights application by REO Funding Solutions, II, LLC. The County Attorney reviewed the Zoning Resolution pertaining to this property (ZA3199, approved March 16, 2006). Condition #20 of this rezoning states: The minimum lot size shall be 10,000 square feet. This condition required the lots to be larger than what RES3 at that time required which was 9,000 square feet. However, the County Attorney feels there is no vesting here because he does not think there has to be vesting. The RES3 that was approved, the modification to the text of the code and the map included a condition that says the zoning for this piece of property has a 10,000 square foot minimum. It was noted that the Board of Commissioners has the right to change conditions.

There was a motion by Commissioner Amos to start the process for a County-initiated rezoning on this property to the current RES3 (minimum lot size of 14,750). Motion was withdrawn.

An item involving a possible county-initiated zoning condition amendment for this property will be placed on the agenda of the Work Session of January 24, 2017.

(8) Board consideration of County initiated zoning condition amendment concerning ZA3768, a zoning approved on December 15, 2016 to Planners and Engineers Collaborative, Inc., rezoning property zoned CBD and A1 to MPD, with conditions

There was a motion by Commissioner Levent and a second by Commissioner Swope that the County commence a county-initiated zoning condition amendment related to ZA3768, for the purpose of modifying or adding conditions related to (1) connectivity, (2) cross-walk signalization, (3) greenspace/open space requirements, (4) updated MPD site concept plan, (5) age restricted versus age targeted requirements, (6) residential density, and (7) design standards. This motion is made in the event that a rescission is not feasible or viable; and, if this zoning is rescinded on February 2, 2017 then this zoning condition amendment should stand automatically withdrawn. I request that County staff run the necessary legal ads and that this matter be scheduled for the February 16 Board of Commissioners agenda for a public hearing and possible action. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member in opposition (Amos).

UNDER NEW BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:

(1) Request approval of an accessory use for Creekside United Methodist Church – District #2

There was a motion by Commissioner Swope and a second by Commissioner Levent to approve the site plan as presented. Motion carried unanimously.

(2) Board authorization for the County Attorney to retain Alston & Bird law firm for that firm to undertake a specialized review and revision of the County’s Health plan, to include associated benefit plan material

The County Attorney distributed a Resolution for the Board’s consideration.

There was a motion by Commissioner Levent and a second by Commissioner Mills to adopt the Resolution authorizing the engagement of Alston & Bird, LLP for purposes of review of Forsyth County Benefit Plan materials as presented. Motion carried unanimously.

(3) Appointment of member to the Zoning Board of Appeals for Commission District #5

There was a motion by Commissioner Semanson and a second by Commissioner Amos to appoint Steve Kirby as a member to the Zoning Board of Appeals for Commission District #5. Motion carried unanimously.

There was a motion by Commissioner Swope and a second by Commissioner Mills to adjourn. Motion carried unanimously.


____________________________________
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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