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 5, 2017 5:00 PM

Board of Commissioners - Regular Meeting/Public Hearings

Location

Administration Building
110 E Main Street
Cumming, GA 30040

Meeting Video

   BOOKMARKS
02:08
Adoption of Agenda
07:37
Adoption of Rules and Procedures for 2017
08:00
Election of Officers for 2017
10:35
Presentation of Retirement Awards
17:30
Public Comments
20:38
Adoption of Minutes
21:34
Consent Agenda
21:55
AL160720
26:06
AL160723
29:16
AL160724
32:39
AL160725
46:08
AL160726
49:15
AL160727
52:15
The sale of non-traditional tobacco paraphernalia, e-cigarettes, and alternative nicotine products
01:23:27
Impact Fee Ordinance
01:28:32
AZ160023
01:38:34
AZ160024
01:59:35
Public Comments
02:00:55
ZA3810
02:06:40
Vested Rights Determination
02:09:47
Sewer Reservation Agreement with REO Funding Solutions
02:10:28
Coal Mountain Land Disturbance Moratorium
02:12:35
25' Buffer Variance
02:19:05
2015 Annual Capital Improvement Element
02:21:15
Georgia Power Company / Forsyth County Contract Addendum for Shakerag Water Reclamation Facility
02:23:17
Consideration and Nomination of District 2 Planning Commission Representative
02:25:10
Corrective Resolution re:ZA2945

Documents

PUBLIC NOTICE

 

The Forsyth County Board of Commissioners will hold their Regular Meeting/Public Hearings on Thursday, January 5, 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

12/20/16

 

AGENDA

FORSYTH COUNTY BOARD OF COMMISSIONERS

THURSDAY, JANUARY 5, 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.      Adoption of Rules and Procedures for 2017

 

V.        Election of Officers for 2017

 

VI.      Announcements and Reports:

 

(1)        Presentation of three (3) Retirement Awards – Chairman of the Board

 

VII.     Public Comments

 

VIII.    Adoption of Minutes:

 

(1)          Regular Meeting/Public Hearings of December 15, 2016

 

(2)          Special Called Meeting of December 19, 2016

 

(3)          Work Session and Executive Session of December 20, 2016

 

IX.      Consent Agenda:

 

(1)          Adoption of Resolution authorizing an Affidavit concerning the Executive Session of December 20, 2016

 

(2)          Board approval of a standardized Public Safety Notification Agreement by and between Diamond Outdoor, Inc. and Forsyth County for the purpose to upgrade a legal, non-conforming sign presently located @ 3240 Keith Bridge Road to a Light-Emitting Diode (LED) sign face pursuant to Section 4.1(b) of the Ordinance – Director of Planning & Community Development    

 

(3)          Board ratification of the Local Business Initiative Policy, omitting application of the policy to “requests for proposals” and other miscellaneous revisions to both the policy and the associated affidavit – County Attorney                                                                                                                                                       

 

 

 

 

(4)          Board ratification of the following items that were discussed and unanimously voted on at a Work Session held on December 20, 2016:

 

(A)       Board approval of Change Order #4 in the amount of $264,928 and approval of the Settlement of Disputes and Mutual Release Related to the Construction Management at Risk (CMAR) Agreement between Turner Construction Company and the Winter Construction Company and Forsyth County, Georgia with authorization for the Chairman to sign the documents – County Manager/Joe Lee

 

(B)       Board authorization to the County Attorney and a commissioner or two to meet with the Local Delegation to gauge interest regarding Judges Compensation and place this item on the January 5, 2017 agenda for Board consideration – Mills/Tam

 

(C)       Board approval of the American Red Cross Shelter Agreement with authorization for the County Manager to execute any related documents – Deputy Director of EMA

 

(D)       Board approval to enter into an Agreement with Baron Services, Inc. for Baron Threat Net and Threat Net Plus Licenses for EMA in the amount of $3,614 with approval for the County Manager to sign the Agreement – Procurement Director

 

(E)       Board approval to award Bid 16-140-3330 for the purchase of various Mueller Lead Free Water Parts on an as-needed basis for calendar year 2017 to HD Supply – Procurement Director

 

(F)       Board approval to accept Bid 16-132-2410 for Turnout Gear for the Fire Department with annual pricing agreements to be issued to Municipal Emergency Services, Inc. for item #13 and Bennett Fire Products for items #1 through #3, item #5 and items #7 through item #12 – Procurement Director

 

(G)       Board approval to award Bid C16-97-2920 for the purchase of two (2) new Emergency Communication Trailers for E-911 to Mobil Satellite Technologies in the not to exceed amount of $205,500 as presented – Procurement Director

 

(H)       Board approval of purchase and installation of Radio Equipment for two E-911 Emergency Communications Trailers through Motorola Solutions, Inc. in the amount of $233,402 – Procurement Director

 

(I)         Board approval to award RFP 16-145-5212 for the design and turnkey installation of an approximately 40’ tall climbing wall to be located at the Sawnee Mountain Preserve Visitor Center to Challenge Design Innovations in the amount of $59,998 and adoption of a Budget Resolution to amend the FY2016 Budget – Procurement Director

 

(J)        Board authorization to the County Attorney to review and update the Indigent Burial Policy and bring back to a future meeting for Board consideration – County Attorney/Procurement Director

 

(K)       Board approval and authorization for the installation of private sewer within the right of way of Union Center Drive to serve Lots 1 & 2 in Union Center Business Park (Project/Permit #2931, ZA933, Union Center Business Park Lot 1 & 2 Sanitary Sewer) – Director of Engineering

 

(L)        Board approval to incorporate the Planning Commission’s recommendation, to change the wording in the definition to “religious activity”, to change the date referenced in the exemption from the size cap to reflect the date of potential adoption and to hold a Public Hearing in February regarding proposed changes to various chapters of the Unified Development Code (UDC) regarding the definition of and regulations for places of worship – Director of Planning & Community Development

 

(M)      Board approval of Conservation Easement between Tin Cup Investments, Inc., The Orchard Lake Community Association and Forsyth County regarding Orchard Lake Subdivision – County Attorney

 

(N)       Board approval for Forsyth County Government to become a Career Path Partner with the Office of College and Career Development through the school district’s initiative, Workforce Forsyth, with authority for the County Manager to sign the appropriate documents – Director of College & Career Development

 

(O)       Board approval of proposed consent order settling condemnation action regarding Bethelview Road parcel 147 (Forsyth County, Ga. v. 0.080 Acres of Fee Simple Right of Way, et al., Civil Action File No. 15CV-0234-1) as presented by the County Attorney – County Attorney

 

(P)       Board authorization to the County Attorney to send letters to The Gates Community and the four adjacent property owners regarding the Detention Ponds stating that if the County facilitates a tax sale of the property, that they might be in a position to acquire the property for little or no funds and then maintain it. The proposed letter is to initiate that discussion and gauge interest  – County Attorney

 

(Q)       Board approval of Resolutions authorizing condemnations in connection with the Brookwood Road Project (PEW13) on the following interests in property: (County Attorney)

 

·         Parcel No. 24: 5,193.85 square feet of fee simple right-of way; 940.78 square feet of temporary construction easement; owned by Timothy V. Smith and Jana L. Smith

·         Parcel No. 26: 1,117.87 square feet of temporary construction easement; owned by Summit at Brookwood Homeowners Association, Inc.

·         Parcel No. 31: 389.75 square feet of temporary construction easement; owned by Yu Zhang and Li Pan

·         Parcel No. 35: 1,303.24 square feet of temporary construction easement; 663.02 square feet of fee simple right-of way; owned by Cyrus N. Firouzabadi and Jordan S. Joiner

·         Parcel No. 38: 1,343.11 square feet of temporary construction easement; 475.872 square feet of fee simple right-of way; owned by Thomas W. Crosby, Jr.

·         Parcel No. 48: 1,477.99 square feet of temporary construction easement; 1,049.26 square feet of fee simple right-of way; owned by Bridgette Roberts and Ryan Roberts

·         Parcel No. 50: 0.038 acres of temporary construction easement; 0.007 acres and 0.002 acres of fee simple right-of way; owned by Arbor Chase Community Association, Inc.

·         Parcel No. 53: 1,937.84 total square feet of temporary construction easement; 3,038.25 total square feet of fee simple right-of way; owned by Robert MacDonald and Cynthia MacDonald

·         Parcel No. 54: 179.41 square feet of temporary construction easement; 48.74 square feet of fee simple right-of way; owned by Doris D. Porres

·         Parcel No. 57: 312.61 square feet of temporary construction easement; 96.89 square feet of fee simple right-of way; owned by Sindhu Ravichandran and Nawincumar Saminathan

 

·         Parcel No. 58: 308.45 square feet of temporary construction easement; 89.98 square feet of fee simple right-of way; owned by Elaine K. Lynn and Sara-Joan Lynn

·         Parcel No. 59: 331.50 square feet of temporary construction easement; 21.4 square feet and 34.72 square feet of fee simple right-of way; owned by David L. Bercaw and Susan B. Bercaw

·         Parcel No. 60: 344.22 square feet of temporary construction easement; 54.86 square feet of fee simple right-of way; owned by Dimples I. Williamson and Travis A. Williamson

·         Parcel No. 62: 652.69 square feet of temporary construction easement; owned by Paulo Correa and Celia S. Correa

 

 

X.      Public Hearings:

 

(1)          Public Hearings and requests for Alcohol Licenses as follows: (Director of Planning & Community Development)

 

(A)       Maki Sushi, LLC, Named Licensee is Eul J. Lee, application to sell Malt Beverages (Beer) and Wine for Consumption on the Premises – AL160720 – District #3

            (Postponed from 12/01/16 Agenda).

 

(B)       ADDA, LLC, Named Licensee is Sudhir Giduthuri, application to sell Malt Beverages (Beer), Wine and Distilled Spirits for Consumption on the Premises – AL160723 – District #2

 

(C)       LaMara XV, Inc. d/b/a Las Palmas Mexican Restaurant, Named Licensee is Lilliam McLester, application to sell Malt Beverages (Beer), Wine and Distilled Spirits for Consumption on the Premises – AL160724 – District #3

 

(D)       Green’s Corner LLC d/b/a Green’s Corner Package, Named Licensee is Kareena Jiwani, application to sell Malt Beverages (Beer), Wine and Distilled Spirits by the Package – AL160725 – District #1

 

(E)       Shangri Llama, LLC d/b/a Grazie Mille, Named Licensee is Salvatore Salamone, application to sell Malt Beverages (Beer) and Wine for Consumption on the Premises – AL160726 – District #5

 

(F)       Peachtree Parkway C-Store, Inc. d/b/a Peachtree Shell Food Mart, Named Licensee is Shabana Lalani, application to sell Malt Beverages (Beer) and Wine by the Package – AL160727 – District #2

 

(2)        Public Hearing and consideration of proposed revisions to Chapter 50 of the Code of Ordinances (Offenses and Miscellaneous Provisions) regulating the sale of non-traditional tobacco paraphernalia, e-cigarettes, and alternative nicotine products – County Attorney

(Public Hearings were held 11/03/16 and 12/01/16).

 

(3)        Public Hearing and consideration of adoption of a consolidated Impact Fee Ordinance to include the proposed Park and Recreation Impact Fee Ordinance amendment consolidated and combined with the previously approved April 7, 2016 Impact Fee Ordinance - County Attorney

(Public Hearings were held 10/06/16 and 11/03/16).

 

(4)          Public Hearing and consideration of request by Christopher Light on behalf of McGinnis Ferry Owner, LLC to amend zoning conditions placed on VA150027 – AZ160018 – District #2 – Director of Planning & Community Development

(Postponed from 12/01/16 Agenda)

 

(5)          Public Hearing and consideration of request by Josh Scoggins on behalf of Etowah Heights, LLC to amend zoning conditions placed on ZA2945 (Douglas Sorrells) – AZ160021 – District #4 – Director of Planning & Community Development

 

(6)          Public Hearing and consideration of request by Josh Scoggins on behalf of FrontDoor Communities, LLC to amend the existing Master Planned District zoning in accordance with the site plan and Master Plan Book filed on December 9, 2016 and approved with ZA3411 (Paces Battle Properties, LLC) – AZ160022 – District #3 – Director of Planning & Community Development

 

(7)          Public Hearing and 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

 

(8)          Public Hearing and consideration of a County-initiated request by the Forsyth County Board of Commissioners to amend zoning conditions placed on ZA3370 (Wellstone, LLC) – AZ160024 – District #5 – Director of Planning & Community Development

 

XI.      Public Comments

 

XII.    Old Business:

 

(1)          Rezoning request: (Director of Planning & Community Development)

 

(A)       Parkland Communities, Inc., ZA3810, A1 to CR2 – District #3

            (Postponed from 12/01/16 Agenda).

 

(2)          Board consideration of vested rights determinations related to the following: (County Attorney)

(Postponed from 12/15/16 Agenda).

 

(A)       Sewer Reservation Agreement with Red Bull Holdings II, LLC for 40 lots (10,800 gpd)

 

(B)       Sewer Reservation Agreement with REO Funding Solutions, II, LLC for the Lakes at Franklin Goldmine, Phase 2 for 111 lots (29,970 gpd)

 

(3)                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 Agenda).

 

(4)        Board consideration of modifying the 30-day Land Disturbance Permit Moratorium related to the Coal Mountain Overlay (adopted December 20, 2016), to also include a moratorium on issuance of Building Permits – Mills/Amos

(5)        Board clarification and direction that a County-initiated 25’ buffer variance was intended for the previously authorized Res3/Res6 County-initiated rezoning related to the Paran Homes development on Dahlonega Highway and Martin Road (tax parcels 216-035, 216-095, 216-051), with the public hearing for the zoning and related variance to occur February 2, 2017 – Mills/Amos

 

(6)        Board Resolution approving the Forsyth County 2015 Annual Capital Improvement Element (“CIE”) Update – County Attorney

 

XIII.   New Business:

 

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

 

(2)          Board consideration of a Special Addendum to Contract for Time of Use Supplier Choice Tarriff Flat Price Option between Georgia Power Company and Forsyth County for the Shakerag Water Reclamation Facility – County Attorney

 

(3)          Board consideration of nomination and appointment of Commission District 2 representative on the Planning Commission to serve a 4-year term beginning January 1, 2017 through December 31, 2020 – County Manager

 

(4)          Board Consideration of Corrective Resolution to correct Exhibits attached to the January 24, 2005 Board of Commissioners Resolution approving with conditions ZA2945 in order to reflect the proper acreage approved for rezoning - County Attorney

 

XIV.  Recess Regular Meeting

 

XV.   Executive Session if Needed

 

XVI.  Adjournment

 

 

 

Board Members Present:

 

Ralph J. Amos, Cindy J. Mills, Todd Levent, Rick Swope, Laura Semanson

 

 

MEETING SUMMARY

 

 

AGENDA

FORSYTH COUNTY BOARD OF COMMISSIONERS

THURSDAY, JANUARY 5, 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 by Chairman Amos @ 5:00 p.m.

 

II.         Invocation and Pledge of Allegiance

The Invocation was given and the Pledge of Allegiance was led by Fire Chief Danny Bowman.

 

III.        Adoption of Agenda

The Board voted unanimously to adopt the Agenda as amended:

 

·         Postponed Public Hearing #6 to 02/02/17

·         Postponed Public Hearing #4 to 02/02/17

·         At the request of the County Attorney, included “updated moratorium map” to Old Business item #4.

·         Moved New Business #1 to the 01/10/17 BOC Work Session Agenda

·         Moved Consent Agenda item #2 to the 01/24/17 Work Session Agenda

·         Moved Old Business #3 to the 01/19/17 Regular Meeting Agenda

·         Moved Public Hearing #5 to the 03/02/17 Agenda for a Public Hearing

 

IV.       Adoption of Rules and Procedures for 2017

The Board voted unanimously to adopt the same rules as were adopted in 2016.

 

V.        Election of Officers for 2017

 

The Board voted 4-1 (Commissioner Amos opposed) to appoint Todd Levent as Chairman

The Board voted unanimously to appoint Rick Swope as Vice Chairman

The Board voted unanimously to appoint Laura Semanson as Secretary

 

VI.       Announcements and Reports:

 

(1)        Presentation of three (3) Retirement Awards – Chairman of the Board

            The Board recognized the following employees:

 

·         Betsy Brown – Voter Registrations & Elections

·         William Norwood, Jr. – Roads & Bridges

·         Janet Heard – Planning & Community Development

                                   

VII.      Public Comments

One (1) Speakers

 

VIII.     Adoption of Minutes:

 

(1)          Regular Meeting/Public Hearings of December 15, 2016

The Board voted unanimously to adopt the minutes.

 

(2)          Special Called Meeting of December 19, 2016

The Board voted unanimously to adopt the minutes.

 

(3)          Work Session and Executive Session of December 20, 2016

The Board voted unanimously to adopt the minutes.

 

IX.       Consent Agenda:

 

The Board voted unanimously to adopt the Consent Agenda as amended.

 

(1)          Adoption of Resolution authorizing an Affidavit concerning the Executive Session of December 20, 2016

 

(2)          Board approval of a standardized Public Safety Notification Agreement by and between Diamond Outdoor, Inc. and Forsyth County for the purpose to upgrade a legal, non-conforming sign presently located @ 3240 Keith Bridge Road to a Light-Emitting Diode (LED) sign face pursuant to Section 4.1(b) of the Ordinance – Director of Planning & Community Development    

The Board voted unanimously to move this item to the 01/24/17 Work Session Agenda.

 

(3)          Board ratification of the Local Business Initiative Policy, omitting application of the policy to “requests for proposals” and other miscellaneous revisions to both the policy and the associated affidavit – County Attorney                                                                                                                                                       

 

(4)          Board ratification of the following items that were discussed and unanimously voted on at a Work Session held on December 20, 2016:

 

(A)       Board approval of Change Order #4 in the amount of $264,928 and approval of the Settlement of Disputes and Mutual Release Related to the Construction Management at Risk (CMAR) Agreement between Turner Construction Company and the Winter Construction Company and Forsyth County, Georgia with authorization for the Chairman to sign the documents – County Manager/Joe Lee

 

(B)       Board authorization to the County Attorney and a commissioner or two to meet with the Local Delegation to gauge interest regarding Judges Compensation and place this item on the January 5, 2017 agenda for Board consideration – Mills/Tam

 

(C)       Board approval of the American Red Cross Shelter Agreement with authorization for the County Manager to execute any related documents – Deputy Director of EMA

 

(D)       Board approval to enter into an Agreement with Baron Services, Inc. for Baron Threat Net and Threat Net Plus Licenses for EMA in the amount of $3,614 with approval for the County Manager to sign the Agreement – Procurement Director

 

(E)       Board approval to award Bid 16-140-3330 for the purchase of various Mueller Lead Free Water Parts on an as-needed basis for calendar year 2017 to HD Supply – Procurement Director

 

(F)       Board approval to accept Bid 16-132-2410 for Turnout Gear for the Fire Department with annual pricing agreements to be issued to Municipal Emergency Services, Inc. for item #13 and Bennett Fire Products for items #1 through #3, item #5 and items #7 through item #12 – Procurement Director

 

(G)       Board approval to award Bid C16-97-2920 for the purchase of two (2) new Emergency Communication Trailers for E-911 to Mobil Satellite Technologies in the not to exceed amount of $205,500 as presented – Procurement Director

 

(H)       Board approval of purchase and installation of Radio Equipment for two E-911 Emergency Communications Trailers through Motorola Solutions, Inc. in the amount of $233,402 – Procurement Director

 

(I)         Board approval to award RFP 16-145-5212 for the design and turnkey installation of an approximately 40’ tall climbing wall to be located at the Sawnee Mountain Preserve Visitor Center to Challenge Design Innovations in the amount of $59,998 and adoption of a Budget Resolution to amend the FY2016 Budget – Procurement Director

 

(J)        Board authorization to the County Attorney to review and update the Indigent Burial Policy and bring back to a future meeting for Board consideration – County Attorney/Procurement Director

 

(K)       Board approval and authorization for the installation of private sewer within the right of way of Union Center Drive to serve Lots 1 & 2 in Union Center Business Park (Project/Permit #2931, ZA933, Union Center Business Park Lot 1 & 2 Sanitary Sewer) – Director of Engineering

 

(L)        Board approval to incorporate the Planning Commission’s recommendation, to change the wording in the definition to “religious activity”, to change the date referenced in the exemption from the size cap to reflect the date of potential adoption and to hold a Public Hearing in February regarding proposed changes to various chapters of the Unified Development Code (UDC) regarding the definition of and regulations for places of worship – Director of Planning & Community Development

 

(M)       Board approval of Conservation Easement between Tin Cup Investments, Inc., The Orchard Lake Community Association and Forsyth County regarding Orchard Lake Subdivision – County Attorney

 

(N)       Board approval for Forsyth County Government to become a Career Path Partner with the Office of College and Career Development through the school district’s initiative, Workforce Forsyth, with authority for the County Manager to sign the appropriate documents – Director of College & Career Development

 

(O)       Board approval of proposed consent order settling condemnation action regarding Bethelview Road parcel 147 (Forsyth County, Ga. v. 0.080 Acres of Fee Simple Right of Way, et al., Civil Action File No. 15CV-0234-1) as presented by the County Attorney – County Attorney

 

(P)       Board authorization to the County Attorney to send letters to The Gates Community and the four adjacent property owners regarding the Detention Ponds stating that if the County facilitates a tax sale of the property, that they might be in a position to acquire the property for little or no funds and then maintain it. The proposed letter is to initiate that discussion and gauge interest – County Attorney

 

(Q)       Board approval of Resolutions authorizing condemnations in connection with the Brookwood Road Project (PEW13) on the following interests in property: (County Attorney)

 

·         Parcel No. 24: 5,193.85 square feet of fee simple right-of way; 940.78 square feet of temporary construction easement; owned by Timothy V. Smith and Jana L. Smith

·         Parcel No. 26: 1,117.87 square feet of temporary construction easement; owned by Summit at Brookwood Homeowners Association, Inc.

·         Parcel No. 31: 389.75 square feet of temporary construction easement; owned by Yu Zhang and Li Pan

·         Parcel No. 35: 1,303.24 square feet of temporary construction easement; 663.02 square feet of fee simple right-of way; owned by Cyrus N. Firouzabadi and Jordan S. Joiner

·         Parcel No. 38: 1,343.11 square feet of temporary construction easement; 475.872 square feet of fee simple right-of way; owned by Thomas W. Crosby, Jr.

·         Parcel No. 48: 1,477.99 square feet of temporary construction easement; 1,049.26 square feet of fee simple right-of way; owned by Bridgette Roberts and Ryan Roberts

·         Parcel No. 50: 0.038 acres of temporary construction easement; 0.007 acres and 0.002 acres of fee simple right-of way; owned by Arbor Chase Community Association, Inc.

·         Parcel No. 53: 1,937.84 total square feet of temporary construction easement; 3,038.25 total square feet of fee simple right-of way; owned by Robert MacDonald and Cynthia MacDonald

·         Parcel No. 54: 179.41 square feet of temporary construction easement; 48.74 square feet of fee simple right-of way; owned by Doris D. Porres

·         Parcel No. 57: 312.61 square feet of temporary construction easement; 96.89 square feet of fee simple right-of way; owned by Sindhu Ravichandran and Nawincumar Saminathan

 

·         Parcel No. 58: 308.45 square feet of temporary construction easement; 89.98 square feet of fee simple right-of way; owned by Elaine K. Lynn and Sara-Joan Lynn

·         Parcel No. 59: 331.50 square feet of temporary construction easement; 21.4 square feet and 34.72 square feet of fee simple right-of way; owned by David L. Bercaw and Susan B. Bercaw

·         Parcel No. 60: 344.22 square feet of temporary construction easement; 54.86 square feet of fee simple right-of way; owned by Dimples I. Williamson and Travis A. Williamson

·         Parcel No. 62: 652.69 square feet of temporary construction easement; owned by Paulo Correa and Celia S. Correa

X.      Public Hearings:

 

(1)          Public Hearings and requests for Alcohol Licenses as follows: (Director of Planning & Community Development)

 

(A)       Maki Sushi, LLC, Named Licensee is Eul J. Lee, application to sell Malt Beverages (Beer) and Wine for Consumption on the Premises – AL160720 – District #3

            (Postponed from 12/01/16 Agenda).

            The Public Hearing was held.  The Board voted unanimously to postpone this item to the 02/02/17 Agenda for another Public Hearing.

 

(B)       ADDA, LLC, Named Licensee is Sudhir Giduthuri, application to sell Malt Beverages (Beer), Wine and Distilled Spirits for Consumption on the Premises – AL160723 – District #2

            The Public Hearing was held.  The Board voted unanimously to approve.

(C)       LaMara XV, Inc. d/b/a Las Palmas Mexican Restaurant, Named Licensee is Lilliam McLester, application to sell Malt Beverages (Beer), Wine and Distilled Spirits for Consumption on the Premises – AL160724 – District #3

            The Public Hearing was held.  The Board voted unanimously to approve.

 

(D)       Green’s Corner LLC d/b/a Green’s Corner Package, Named Licensee is Kareena Jiwani, application to sell Malt Beverages (Beer), Wine and Distilled Spirits by the Package – AL160725 – District #1

            The Public Hearing was held.  The Board voted unanimously to approve.

 

(E)       Shangri Llama, LLC d/b/a Grazie Mille, Named Licensee is Salvatore Salamone, application to sell Malt Beverages (Beer) and Wine for Consumption on the Premises – AL160726 – District #5

            The Public Hearing was held.  The Board voted unanimously to approve.

 

(F)       Peachtree Parkway C-Store, Inc. d/b/a Peachtree Shell Food Mart, Named Licensee is Shabana Lalani, application to sell Malt Beverages (Beer) and Wine by the Package – AL160727 – District #2

The Public Hearing was held.  The Board voted unanimously to approve.

 

(2)        Public Hearing and consideration of proposed revisions to Chapter 50 of the Code of Ordinances (Offenses and Miscellaneous Provisions) regulating the sale of non-traditional tobacco paraphernalia, e-cigarettes, and alternative nicotine products – County Attorney

(Public Hearings were held 11/03/16 and 12/01/16).

The Public Hearing was held. The Board voted unanimously to have another Public Hearing on the non-traditional tobacco and vaping Ordinance on 02/02/17 to include setback language with respect to vaping as discussed by Commissioner Swope and to also remove the filtration requirement.  Also, in conjunction with that, another Public Hearing with respect to a modification to the Alcohol Code to include that violations of the non-traditional tobacco ordinance will result in cumulative infractions on the alcohol permit.

 

(3)        Public Hearing and consideration of adoption of a consolidated Impact Fee Ordinance to include the proposed Park and Recreation Impact Fee Ordinance amendment consolidated and combined with the previously approved April 7, 2016 Impact Fee Ordinance - County Attorney

(Public Hearings were held 10/06/16 and 11/03/16).

Note:  Commissioner Amos was recused from this item.

The Public Hearing was held.  No action was taken.  Another Public Hearing will be held on 02/02/17 at which time the Ordinance will be considered for adoption.

 

(4)          Public Hearing and consideration of request by Christopher Light on behalf of McGinnis Ferry Owner, LLC to amend zoning conditions placed on VA150027 – AZ160018 – District #2 – Director of Planning & Community Development

(Postponed from 12/01/16 Agenda)

Postponed to 02/02/17.

 

(5)          Public Hearing and consideration of request by Josh Scoggins on behalf of Etowah Heights, LLC to amend zoning conditions placed on ZA2945 (Douglas Sorrells) – AZ160021 – District #4 – Director of Planning & Community Development

Postponed to 03/02/17.

 

(6)          Public Hearing and consideration of request by Josh Scoggins on behalf of FrontDoor Communities, LLC to amend the existing Master Planned District zoning in accordance with the site plan and Master Plan Book filed on December 9, 2016 and approved with ZA3411 (Paces Battle Properties, LLC) – AZ160022 – District #3 – Director of Planning & Community Development

Postponed to 02/02/17.

 

(7)          Public Hearing and 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

The Public Hearing was held.  The Board voted unanimously to postpone the decision to 01/19/17.

 

(8)          Public Hearing and consideration of a County-initiated request by the Forsyth County Board of Commissioners to amend zoning conditions placed on ZA3370 (Wellstone, LLC) – AZ160024 – District #5 – Director of Planning & Community Development

The Public Hearing was held.  The Board voted unanimously to postpone the decision to 02/02/17.

 

XI.       Public Comments

One (1) Speaker.

 

XII.    Old Business:

 

(1)          Rezoning request: (Director of Planning & Community Development)

 

(A)       Parkland Communities, Inc., ZA3810, A1 to CR2 – District #3

            (Postponed from 12/01/16 Agenda).

The Board voted 4-1 (Commission Semanson opposed) to approve ZA3810 as a RES3 with the conditions as shown.

 

(2)          Board consideration of vested rights determinations related to the following: (County Attorney)

(Postponed from 12/15/16 Agenda).

The County Attorney handed out a letter to the Board that will be sent to Mr. Harold Buckley regarding a vested rights application by Red Bull Holdings, II, LLC.  No Board action was taken.

 

(A)       Sewer Reservation Agreement with Red Bull Holdings II, LLC for 40 lots (10,800 gpd)

 

(B)       Sewer Reservation Agreement with REO Funding Solutions, II, LLC for the Lakes at Franklin Goldmine, Phase 2 for 111 lots (29,970 gpd)

No Board action was taken.  The County Attorney will bring back to a future meeting.

 

(3)        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 Agenda).

                        Postponed to 01/19/17.

 

(4)        Board consideration of modifying the 30-day Land Disturbance Permit Moratorium related to the Coal Mountain Overlay (adopted December 20, 2016), to also include a moratorium on issuance of Building Permits – Mills/Amos

The Board voted unanimously to modify the Coal Mountain Moratorium currently in place to include an updated moratorium map with the additional parcels as shown.

 

(5)        Board clarification and direction that a County-initiated 25’ buffer variance was intended for the previously authorized Res3/Res6 County-initiated rezoning related to the Paran Homes development on Dahlonega Highway and Martin Road (tax parcels 216-035, 216-095, 216-051), with the public hearing for the zoning and related variance to occur February 2, 2017 – Mills/Amos

            The Board voted unanimously to authorize the County Attorney to advertise the 25’ buffer variance            with the Public Hearing for the County initiated rezoning related to the Paran Homes Development.

 

(6)        Board Resolution approving the Forsyth County 2015 Annual Capital Improvement Element (“CIE”) Update – County Attorney

                        The Board voted unanimously to approve.

 

XIII.    New Business:

 

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

This item was moved to the 01/10/17 Work Session Agenda.

 

(2)          Board consideration of a Special Addendum to Contract for Time of Use Supplier Choice Tarriff Flat Price Option between Georgia Power Company and Forsyth County for the Shakerag Water Reclamation Facility – County Attorney

The Board voted unanimously to approve the Special Addendum to the Contract that was previously approved 12/20/16.

 

(3)          Board consideration of nomination and appointment of Commission District 2 representative on the Planning Commission to serve a 4-year term beginning January 1, 2017 through December 31, 2020 – County Manager

The Board voted unanimously to appoint Stacy Guy as Commission District 2 representative on the Planning Commission.

 

 

(4)          Board Consideration of Corrective Resolution to correct Exhibits attached to the January 24, 2005 Board of Commissioners Resolution approving with conditions ZA2945 in order to reflect the proper acreage approved for rezoning - County Attorney

The Board voted unanimously to approve as presented by the County Attorney.

 

XIV.   Recess Regular Meeting

 

XV.    Executive Session if Needed

 

XVI.   Adjournment

         The Board voted unanimously to adjourn the meeting @ 7:27 p.m.

 

 

FORSYTH COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING/PUBLIC HEARINGS
JANUARY 5, 2017

On Thursday, January 5, 2017 at 5:00 p.m., in the Commissioners’ Meeting Room of the Forsyth County Administration Building, the Forsyth County Board of Commissioners held a Regular Meeting/Public Hearings with the following persons present: Ralph J. Amos – Chairman, Cindy Jones Mills – Vice Chairman, Todd Levent – Member, Laura Semanson – Member, Rick Swope – 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 5, 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. Adoption of Rules and Procedures for 2017

V. Election of Officers for 2017

VI. Announcements and Reports:

(1) Presentation of three (3) Retirement Awards – Chairman of the Board

VII. Public Comments

VIII. Adoption of Minutes:

(1) Regular Meeting/Public Hearings of December 15, 2016

(2) Special Called Meeting of December 19, 2016

(3) Work Session and Executive Session of December 20, 2016

IX. Consent Agenda:

(1) Adoption of Resolution authorizing an Affidavit concerning the Executive Session of December 20, 2016

(2) Board approval of a standardized Public Safety Notification Agreement by and between Diamond Outdoor, Inc. and Forsyth County for the purpose to upgrade a legal, non-conforming sign presently located @ 3240 Keith Bridge Road to a Light-

Emitting Diode (LED) sign face pursuant to Section 4.1(b) of the Ordinance – Director of Planning & Community Development

(3) Board ratification of the Local Business Initiative Policy, omitting application of the policy to “requests for proposals” and other miscellaneous revisions to both the policy and the associated affidavit – County Attorney

(4) Board ratification of the following items that were discussed and unanimously voted on at a Work Session held on December 20, 2016:

(A) Board approval of Change Order #4 in the amount of $264,928 and approval of the Settlement of Disputes and Mutual Release Related to the Construction Management at Risk (CMAR) Agreement between Turner Construction Company and the Winter Construction Company and Forsyth County, Georgia with authorization for the Chairman to sign the documents – County Manager/Joe Lee

(B) Board authorization to the County Attorney and a commissioner or two to meet with the Local Delegation to gauge interest regarding Judges Compensation and place this item on the January 5, 2017 agenda for Board consideration – Mills/Tam

(C) Board approval of the American Red Cross Shelter Agreement with authorization for the County Manager to execute any related documents – Deputy Director of EMA

(D) Board approval to enter into an Agreement with Baron Services, Inc. for Baron Threat Net and Threat Net Plus Licenses for EMA in the amount of $3,614 with approval for the County Manager to sign the Agreement – Procurement Director

(E) Board approval to award Bid 16-140-3330 for the purchase of various Mueller Lead Free Water Parts on an as-needed basis for calendar year 2017 to HD Supply – Procurement Director

(F) Board approval to accept Bid 16-132-2410 for Turnout Gear for the Fire Department with annual pricing agreements to be issued to Municipal Emergency Services, Inc. for item #13 and Bennett Fire Products for items #1 through #3, item #5 and items #7 through item #12 – Procurement Director

(G) Board approval to award Bid C16-97-2920 for the purchase of two (2) new Emergency Communication Trailers for E-911 to Mobil Satellite Technologies in the not to exceed amount of $205,500 as presented – Procurement Director

(H) Board approval of purchase and installation of Radio Equipment for two E-911 Emergency Communications Trailers through Motorola Solutions, Inc. in the amount of $233,402 – Procurement Director

(I) Board approval to award RFP 16-145-5212 for the design and turnkey installation of an approximately 40’ tall climbing wall to be located at the Sawnee Mountain Preserve Visitor Center to Challenge Design Innovations in the amount of $59,998 and adoption of a Budget Resolution to amend the FY2016 Budget – Procurement Director

(J) Board authorization to the County Attorney to review and update the Indigent Burial Policy and bring back to a future meeting for Board consideration – County Attorney/Procurement Director

(K) Board approval and authorization for the installation of private sewer within the right of way of Union Center Drive to serve Lots 1 & 2 in Union Center Business Park (Project/Permit #2931, ZA933, Union Center Business Park Lot 1 & 2 Sanitary Sewer) – Director of Engineering

(L) Board approval to incorporate the Planning Commission’s recommendation, to change the wording in the definition to “religious activity”, to change the date referenced in the exemption from the size cap to reflect the date of potential adoption and to hold a Public Hearing in February regarding proposed changes to various chapters of the Unified Development Code (UDC) regarding the definition of and regulations for places of worship – Director of Planning & Community Development

(M) Board approval of Conservation Easement between Tin Cup Investments, Inc., The Orchard Lake Community Association and Forsyth County regarding Orchard Lake Subdivision – County Attorney

(N) Board approval for Forsyth County Government to become a Career Path Partner with the Office of College and Career Development through the school district’s initiative, Workforce Forsyth, with authority for the County Manager to sign the appropriate documents – Director of College & Career Development

(O) Board approval of proposed consent order settling condemnation action regarding Bethelview Road parcel 147 (Forsyth County, Ga. v. 0.080 Acres of Fee Simple Right of Way, et al., Civil Action File No. 15CV-0234-1) as presented by the County Attorney – County Attorney

(P) Board authorization to the County Attorney to send letters to The Gates Community and the four adjacent property owners regarding the Detention Ponds stating that if the County facilitates a tax sale of the property, that they might be in a position to acquire the property for little or no funds and then maintain it. The proposed letter is to initiate that discussion and gauge interest – County Attorney

(Q) Board approval of Resolutions authorizing condemnations in connection with the Brookwood Road Project (PEW13) on the following interests in property: (County Attorney)

• Parcel No. 24: 5,193.85 square feet of fee simple right-of way; 940.78 square feet of temporary construction easement; owned by Timothy V. Smith and Jana L. Smith

• Parcel No. 26: 1,117.87 square feet of temporary construction easement; owned by Summit at Brookwood Homeowners Association, Inc.

• Parcel No. 31: 389.75 square feet of temporary construction easement; owned by Yu Zhang and Li Pan

• Parcel No. 35: 1,303.24 square feet of temporary construction easement; 663.02 square feet of fee simple right-of way; owned by Cyrus N. Firouzabadi and Jordan S. Joiner

• Parcel No. 38: 1,343.11 square feet of temporary construction easement; 475.872 square feet of fee simple right-of way; owned by Thomas W. Crosby, Jr.

• Parcel No. 48: 1,477.99 square feet of temporary construction easement; 1,049.26 square feet of fee simple right-of way; owned by Bridgette Roberts and Ryan Roberts

• Parcel No. 50: 0.038 acres of temporary construction easement; 0.007 acres and 0.002 acres of fee simple right-of way; owned by Arbor Chase Community Association, Inc.

• Parcel No. 53: 1,937.84 total square feet of temporary construction easement; 3,038.25 total square feet of fee simple right-of way; owned by Robert MacDonald and Cynthia MacDonald

• Parcel No. 54: 179.41 square feet of temporary construction easement; 48.74 square feet of fee simple right-of way; owned by Doris D. Porres

• Parcel No. 57: 312.61 square feet of temporary construction easement; 96.89 square feet of fee simple right-of way; owned by Sindhu Ravichandran and Nawincumar Saminathan

• Parcel No. 58: 308.45 square feet of temporary construction easement; 89.98 square feet of fee simple right-of way; owned by Elaine K. Lynn and Sara-Joan Lynn

• Parcel No. 59: 331.50 square feet of temporary construction easement; 21.4 square feet and 34.72 square feet of fee simple right-of way; owned by David L. Bercaw and Susan B. Bercaw

• Parcel No. 60: 344.22 square feet of temporary construction easement; 54.86 square feet of fee simple right-of way; owned by Dimples I. Williamson and Travis A. Williamson

• Parcel No. 62: 652.69 square feet of temporary construction easement; owned by Paulo Correa and Celia S. Correa

X. Public Hearings:

(1) Public Hearings and requests for Alcohol Licenses as follows: (Director of Planning & Community Development)

(A) Maki Sushi, LLC, Named Licensee is Eul J. Lee, application to sell Malt Beverages (Beer) and Wine for Consumption on the Premises – AL160720 – District #3
(Postponed from 12/01/16 Agenda).

(B) ADDA, LLC, Named Licensee is Sudhir Giduthuri, application to sell Malt Beverages (Beer), Wine and Distilled Spirits for Consumption on the Premises – AL160723 – District #2

(C) LaMara XV, Inc. d/b/a Las Palmas Mexican Restaurant, Named Licensee is Lilliam McLester, application to sell Malt Beverages (Beer), Wine and Distilled Spirits for Consumption on the Premises – AL160724 – District #3

(D) Green’s Corner LLC d/b/a Green’s Corner Package, Named Licensee is Kareena Jiwani, application to sell Malt Beverages (Beer), Wine and Distilled Spirits by the Package – AL160725 – District #1

(E) Shangri Llama, LLC d/b/a Grazie Mille, Named Licensee is Salvatore Salamone, application to sell Malt Beverages (Beer) and Wine for Consumption on the Premises – AL160726 – District #5

(F) Peachtree Parkway C-Store, Inc. d/b/a Peachtree Shell Food Mart, Named Licensee is Shabana Lalani, application to sell Malt Beverages (Beer) and Wine by the Package – AL160727 – District #2

(2) Public Hearing and consideration of proposed revisions to Chapter 50 of the Code of Ordinances (Offenses and Miscellaneous Provisions) regulating the sale of non-traditional tobacco paraphernalia, e-cigarettes, and alternative nicotine products – County Attorney
(Public Hearings were held 11/03/16 and 12/01/16).

(3) Public Hearing and consideration of adoption of a consolidated Impact Fee Ordinance to include the proposed Park and Recreation Impact Fee Ordinance amendment consolidated and combined with the previously approved April 7, 2016 Impact Fee Ordinance - County Attorney
(Public Hearings were held 10/06/16 and 11/03/16).

(4) Public Hearing and consideration of request by Christopher Light on behalf of McGinnis Ferry Owner, LLC to amend zoning conditions placed on VA150027 – AZ160018 – District #2 – Director of Planning & Community Development
(Postponed from 12/01/16 Agenda)

(5) Public Hearing and consideration of request by Josh Scoggins on behalf of Etowah Heights, LLC to amend zoning conditions placed on ZA2945 (Douglas Sorrells) – AZ160021 – District #4 – Director of Planning & Community Development

(6) Public Hearing and consideration of request by Josh Scoggins on behalf of FrontDoor Communities, LLC to amend the existing Master Planned District zoning in accordance with the site plan and Master Plan Book filed on December 9, 2016 and approved with ZA3411 (Paces Battle Properties, LLC) – AZ160022 – District #3 – Director of Planning & Community Development

(7) Public Hearing and 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

(8) Public Hearing and consideration of a County-initiated request by the Forsyth County Board of Commissioners to amend zoning conditions placed on ZA3370 (Wellstone, LLC) – AZ160024 – District #5 – Director of Planning & Community Development

XI. Public Comments

XII. Old Business:

(1) Rezoning request: (Director of Planning & Community Development)

(A) Parkland Communities, Inc., ZA3810, A1 to CR2 – District #3
(Postponed from 12/01/16 Agenda).

(2) Board consideration of vested rights determinations related to the following: (County Attorney)
(Postponed from 12/15/16 Agenda).

(A) Sewer Reservation Agreement with Red Bull Holdings II, LLC for 40 lots (10,800 gpd)

(B) Sewer Reservation Agreement with REO Funding Solutions, II, LLC for the Lakes at Franklin Goldmine, Phase 2 for 111 lots (29,970 gpd)

(3) 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 Agenda).

(4) Board consideration of modifying the 30-day Land Disturbance Permit Moratorium related to the Coal Mountain Overlay (adopted December 20, 2016), to also include a moratorium on issuance of Building Permits – Mills/Amos

(5) Board clarification and direction that a County-initiated 25’ buffer variance was intended for the previously authorized Res3/Res6 County-initiated rezoning
related to the Paran Homes development on Dahlonega Highway and Martin Road (tax parcels 216-035, 216-095, 216-051), with the public hearing for the zoning and related variance to occur February 2, 2017 – Mills/Amos

(6) Board Resolution approving the Forsyth County 2015 Annual Capital Improvement Element (“CIE”) Update – County Attorney

XIII. New Business:

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

(2) Board consideration of a Special Addendum to Contract for Time of Use Supplier Choice Tariff Flat Price Option between Georgia Power Company and Forsyth County for the Shakerag Water Reclamation Facility – County Attorney

(3) Board consideration of nomination and appointment of Commission District 2 representative on the Planning Commission to serve a 4-year term beginning January 1, 2017 through December 31, 2020 – County Manager

(4) Board Consideration of Corrective Resolution to correct Exhibits attached to the January 24, 2005 Board of Commissioners Resolution approving with conditions ZA2945 in order to reflect the proper acreage approved for rezoning - County Attorney

XIV. Recess Regular Meeting

XV. Executive Session if Needed

XVI. Adjournment


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

The Invocation and Pledge of Allegiance were led by Fire Chief Danny Bowman.

ADOPTION OF AGENDA

CONSENT AGENDA

There was a motion by Commissioner Semanson and a second by Commissioner Levent to move Consent Agenda, Item #2 (Board approval of a standardized Public Safety Notification Agreement by and between Diamond Outdoor, Inc. and Forsyth County for the purpose to upgrade a legal, non-conforming sign presently located @ 3240 Keith Bridge Road to a Light-Emitting Diode (LED) sign face pursuant to Section 4.1(b) of the Ordinance) to the Work Session of January 24, 2017. Motion carried unanimously.

PUBLIC HEARINGS

There was a motion by Commissioner Levent and a second by Commissioner Amos to postpone Public Hearing, Item #6 (Public Hearing and consideration of request by Josh Scoggins on behalf of FrontDoor Communities, LLC to amend the existing Master Planned District zoning in accordance with the site plan and Master Plan Book filed on December 9, 2016 and approved with ZA3411 (Paces Battle Properties, LLC) – AZ160022 – District #3) to the Regular Meeting/Public Hearings of February 2, 2017 at the request of the applicant. Motion carried unanimously.

There was a motion by Commissioner Swope and a second by Commissioner Levent to postpone Public Hearing, Item #4 (Public Hearing and consideration of request by Christopher Light on behalf of McGinnis Ferry Owner, LLC to amend zoning conditions placed on VA150027 – AZ160018 – District #2) to the Regular Meeting/Public Hearings of February 2, 2017 at the request of the applicant. Motion carried unanimously.

There was a motion by Commissioner Mills and a second by Commissioner Amos to move Public Hearing, Item #5 (Public Hearing and consideration of request by Josh Scoggins on behalf of Etowah Heights, LLC to amend zoning conditions placed on ZA2945 (Douglas Sorrells) – AZ160021 – District #4) to the Regular Meeting/Public Hearings of March 2, 2017 for a public hearing. Motion carried unanimously.

OLD BUSINESS

There was a motion by Commissioner Amos and a second by Commissioner Mills to modify Old Business, Item #4 (Board consideration of modifying the 30-day Land Disturbance Permit Moratorium related to the Coal Mountain Overlay (adopted December 20, 2016), to also include a moratorium on issuance of Building Permits) to also include an updated moratorium map. Motion carried unanimously.

There was a motion by Commissioner Amos and a second by Commissioner Levent to move Old Business, Item #3 (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 January 19, 2017. Motion carried unanimously.

NEW BUSINESS

There was a motion by Commissioner Mills and a second by Commissioner Amos to move New Business, Item #1 (Board discussion of Judicial Salaries and possible request for local legislation) to the Work Session of January 10, 2017 at the request of the County Attorney. Motion carried unanimously.

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

UNDER ADOPTION OF RULES AND PROCEDURES FOR 2017 THE FOLLOWING ACTIONS WERE TAKEN:

There was a motion by Commissioner Levent and a second by Commissioner Semanson to adopt the same Rules and Procedures for 2017 as 2016. Motion carried unanimously.

UNDER ELECTION OF OFFICERS FOR 2017 THE FOLLOWING ACTIONS WERE TAKEN:

There was a motion by Commissioner Swope and a second by Commissioner Semanson to appoint Todd Levent as Chairman for 2017. Motion carried with four members in favor (Mills, Levent, Semanson and Swope) and one member in opposition (Amos).

The meeting was turned over to Chairman Levent.

There was a motion by Commissioner Levent and a second by Commissioner Amos to appoint Rick Swope as Vice Chairman for 2017. Motion carried unanimously.

There was a motion by Commissioner Swope and a second by Commissioner Amos to appoint Laura Semanson as Secretary for 2017. Motion carried unanimously.

UNDER ANNOUNCEMENTS AND REPORTS THE FOLLOWING ACTIONS WERE TAKEN:

The Board of Commissioners, along with County Manager Doug Derrer, presented Retirement Awards to the following employees:

Betsy Brown – Betsy served as Community Outreach Specialist with Voter Registrations & Elections and was with the county for 12 years. She recently retired and her last day with the county was December 30.

William Norwood, Jr. – William served as an Equipment Operator with Roads & Bridges and was with the county for 16 years. He recently retired and his last day with the county was December 30.

Janet Heard – Janet serves as Administrative Supervisor with the Department of Planning & Community Development and has been with the county for 31 years. She is retiring and her last day with the county will be January 13.

UNDER PUBLIC COMMENTS THE FOLLOWING PERSON ADDRESSED THE BOARD:

Sergei Fulinich

UNDER ADOPTION OF MINUTES THE FOLLOWING ACTIONS WERE TAKEN:

(1) Regular Meeting/Public Hearings of December 15, 2016

There was a motion by Commissioner Mills and a second by Commissioner Amos to adopt the minutes of the Regular Meeting/Public Hearings of December 15, 2016. Motion carried unanimously.

(2) Special Called Meeting of December 19, 2016

There was a motion by Commissioner Mills and a second by Commissioner Amos to adopt the minutes of the Special Called Meeting of December 19, 2016. Motion carried unanimously.

(3) Work Session & Executive Session of December 20, 2016

There was a motion by Commissioner Mills and a second by Commissioner Amos to adopt the minutes of the Work Session & Executive Session of December 20, 2016. Motion carried unanimously.

CONSENT AGENDA

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

(1) Adoption of Resolution authorizing an Affidavit concerning the Executive Session of December 20, 2016

(2) Board approval of a standardized Public Safety Notification Agreement by and between Diamond Outdoor, Inc. and Forsyth County for the purpose to upgrade a legal, non-conforming sign presently located @ 3240 Keith Bridge Road to a Light-Emitting Diode (LED) sign face pursuant to Section 4.1(b) of the Ordinance – Director of Planning & Community Development – Moved to Work Session of January 24, 2017

(3) Board ratification of the Local Business Initiative Policy, omitting application of the policy to “requests for proposals” and other miscellaneous revisions to both the policy and the associated affidavit – County Attorney

(4) Board ratification of the following items that were discussed and unanimously voted on at a Work Session held on December 20, 2016:

(A) Board approval of Change Order #4 in the amount of $264,928 and approval of the Settlement of Disputes and Mutual Release Related to the Construction Management at Risk (CMAR) Agreement between Turner Construction Company and the Winter Construction Company and Forsyth County, Georgia with authorization for the Chairman to sign the documents – County Manager/Joe Lee

(B) Board authorization to the County Attorney and a commissioner or two to meet with the Local Delegation to gauge interest regarding Judges Compensation and place this item on the January 5, 2017 agenda for Board consideration – Mills/Tam

(C) Board approval of the American Red Cross Shelter Agreement with authorization for the County Manager to execute any related documents – Deputy Director of EMA

(D) Board approval to enter into an Agreement with Baron Services, Inc. for Baron Threat Net and Threat Net Plus Licenses for EMA in the amount of $3,614 with approval for the County Manager to sign the Agreement – Procurement Director

(E) Board approval to award Bid 16-140-3330 for the purchase of various Mueller Lead Free Water Parts on an as-needed basis for calendar year 2017 to HD Supply – Procurement Director

(F) Board approval to accept Bid 16-132-2410 for Turnout Gear for the Fire Department with annual pricing agreements to be issued to Municipal Emergency Services, Inc. for item #13 and Bennett Fire Products for items #1 through #3, item #5 and items #7 through item #12 – Procurement Director

(G) Board approval to award Bid C16-97-2920 for the purchase of two (2) new Emergency Communication Trailers for E-911 to Mobil Satellite Technologies in the not to exceed amount of $205,500 as presented – Procurement Director

(H) Board approval of purchase and installation of Radio Equipment for two E-911 Emergency Communications Trailers through Motorola Solutions, Inc. in the amount of $233,402 – Procurement Director

(I) Board approval to award RFP 16-145-5212 for the design and turnkey installation of an approximately 40’ tall climbing wall to be located at the Sawnee Mountain Preserve Visitor Center to Challenge Design Innovations in the amount of $59,998 and adoption of a Budget Resolution to amend the FY2016 Budget – Procurement Director

(J) Board authorization to the County Attorney to review and update the Indigent Burial Policy and bring back to a future meeting for Board consideration – County Attorney/Procurement Director

(K) Board approval and authorization for the installation of private sewer within the right of way of Union Center Drive to serve Lots 1 & 2 in Union Center Business Park (Project/Permit #2931, ZA933, Union Center Business Park Lot 1 & 2 Sanitary Sewer) – Director of Engineering

(L) Board approval to incorporate the Planning Commission’s recommendation, to change the wording in the definition to “religious activity”, to change the date referenced in the exemption from the size cap to reflect the date of potential adoption and to hold a Public Hearing in February regarding proposed changes to various chapters of the Unified Development Code (UDC) regarding the definition of and regulations for places of worship – Director of Planning & Community Development

(M) Board approval of Conservation Easement between Tin Cup Investments, Inc., The Orchard Lake Community Association and Forsyth County regarding Orchard Lake Subdivision – County Attorney

(N) Board approval for Forsyth County Government to become a Career Path Partner with the Office of College and Career Development through the school district’s initiative, Workforce Forsyth, with authority for the County Manager to sign the appropriate documents – Director of College & Career Development

(O) Board approval of proposed consent order settling condemnation action regarding Bethelview Road parcel 147 (Forsyth County, Ga. v. 0.080 Acres of Fee Simple Right of Way, et al., Civil Action File No. 15CV-0234-1) as presented by the County Attorney – County Attorney

(P) Board authorization to the County Attorney to send letters to The Gates Community and the four adjacent property owners regarding the Detention Ponds stating that if the County facilitates a tax sale of the property, that they might be in a position to acquire the property for little or no funds and then maintain it. The proposed letter is to initiate that discussion and gauge interest – County Attorney

(Q) Board approval of Resolutions authorizing condemnations in connection with the Brookwood Road Project (PEW13) on the following interests in property: (County Attorney)

• Parcel No. 24: 5,193.85 square feet of fee simple right-of way; 940.78 square feet of temporary construction easement; owned by Timothy V. Smith and Jana L. Smith

• Parcel No. 26: 1,117.87 square feet of temporary construction easement; owned by Summit at Brookwood Homeowners Association, Inc.

• Parcel No. 31: 389.75 square feet of temporary construction easement; owned by Yu Zhang and Li Pan

• Parcel No. 35: 1,303.24 square feet of temporary construction easement; 663.02 square feet of fee simple right-of way; owned by Cyrus N. Firouzabadi and Jordan S. Joiner

• Parcel No. 38: 1,343.11 square feet of temporary construction easement; 475.872 square feet of fee simple right-of way; owned by Thomas W. Crosby, Jr.

• Parcel No. 48: 1,477.99 square feet of temporary construction easement; 1,049.26 square feet of fee simple right-of way; owned by Bridgette Roberts and Ryan Roberts

• Parcel No. 50: 0.038 acres of temporary construction easement; 0.007 acres and 0.002 acres of fee simple right-of way; owned by Arbor Chase Community Association, Inc.

• Parcel No. 53: 1,937.84 total square feet of temporary construction easement; 3,038.25 total square feet of fee simple right-of way; owned by Robert MacDonald and Cynthia MacDonald

• Parcel No. 54: 179.41 square feet of temporary construction easement; 48.74 square feet of fee simple right-of way; owned by Doris D. Porres

• Parcel No. 57: 312.61 square feet of temporary construction easement; 96.89 square feet of fee simple right-of way; owned by Sindhu Ravichandran and Nawincumar Saminathan

• Parcel No. 58: 308.45 square feet of temporary construction easement; 89.98 square feet of fee simple right-of way; owned by Elaine K. Lynn and Sara-Joan Lynn

• Parcel No. 59: 331.50 square feet of temporary construction easement; 21.4 square feet and 34.72 square feet of fee simple right-of way; owned by David L. Bercaw and Susan B. Bercaw

• Parcel No. 60: 344.22 square feet of temporary construction easement; 54.86 square feet of fee simple right-of way; owned by Dimples I. Williamson and Travis A. Williamson

• Parcel No. 62: 652.69 square feet of temporary construction easement; owned by Paulo Correa and Celia S. Correa

Motion carried unanimously.

UNDER PUBLIC HEARINGS THE FOLLOWING ACTIONS WERE TAKEN:

(1A) Request for the issuance of an Alcohol License by Maki Sushi, LLC, Named Licensee is Eul J. Lee, application to sell Malt Beverages (Beer) and Wine for Consumption on the Premises – AL160720 – District #3

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

Speaking in favor:
Kristine Choi
Eul Jung Lee

Speaking in opposition:
None

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

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 for another Public Hearing. Motion carried unanimously.

(1B) Request for the issuance of an Alcohol License by ADDA, LLC, Named Licensee is Sudhir Giduthuri, application to sell Malt Beverages (Beer), Wine and Distilled Spirits for Consumption on the Premises – AL160723 – District #2

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

Speaking in favor:
Brian DeBlois

Speaking in opposition:
None

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

There was a motion by Commissioner Swope and a second by Commissioner Semanson to approve the request for the issuance of an Alcohol License by ADDA, LLC, Named Licensee is Sudhir Giduthuri, application to sell Malt Beverages (Beer), Wine and Distilled Spirits for Consumption on the Premises (AL160723). Motion carried unanimously.

(1C) Request for the issuance of an Alcohol License by LaMara XV, Inc. d/b/a Las Palmas Mexican Restaurant, Named Licensee is Lilliam McLester, application to sell Malt Beverages (Beer), Wine and Distilled Spirits for Consumption on the Premises – AL160724 – District #3

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

Speaking in favor:
Lilliam McLester
Brian DeBlois

Speaking in opposition:
None

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

There was a motion by Commissioner Levent and a second by Commissioner Mills to approve the request for the issuance of an Alcohol License by LaMara XV, Inc. d/b/a Las Palmas Mexican Restaurant, Named Licensee is Lilliam McLester, application to sell Malt Beverages (Beer), Wine and Distilled Spirits for Consumption on the Premises (AL160724). Motion carried unanimously.

(1D) Request for the issuance of an Alcohol License by Green’s Corner LLC d/b/a Green’s Corner Package, Named Licensee is Kareena Jiwani, application to sell Malt Beverages (Beer), Wine and Distilled Spirits by the Package – AL160725 – District #1

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

Speaking in favor:
Kareena Jiwani

Speaking in opposition:
Christopher Light
Alfred Chang

Ethan Underwood addressed the Board on behalf of Mr. Jiwani.

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

There was a motion by Commissioner Amos and a second by Commissioner Levent to approve the request for the issuance of an Alcohol License by Green’s Corner LLC d/b/a Green’s Corner Package, Named Licensee is Kareena Jiwani, application to sell Malt Beverages (Beer), Wine and Distilled Spirits by the Package (AL160725). Motion carried unanimously.

(1E) Request for the issuance of an Alcohol License by Shangri Llama, LLC d/b/a Grazie Mille, Named Licensee is Salvatore Salamone, application to sell Malt Beverages (Beer) and Wine for Consumption on the Premises – AL160726 – District #5

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

Speaking in favor:
Brian DeBlois

Speaking in opposition:
None

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

There was a motion by Commissioner Semanson and a second by Commissioner Levent to approve the request for the issuance of an Alcohol License by Shangri Llama, LLC d/b/a Grazie Mille, Named Licensee is Salvatore Salamone, application to sell Malt Beverages (Beer) and Wine for Consumption on the Premises (AL160726). Motion carried unanimously.

(1F) Request for the issuance of an Alcohol License by Peachtree Parkway C-Store, Inc. d/b/a Peachtree Shell Food Mart, Named Licensee is Shabana Lalani, application to sell Malt Beverages (Beer) and Wine by the Package – AL160727 – District #2

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

Speaking in favor:
Noorali Musanz

Speaking in opposition:
None

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

There was a motion by Commissioner Swope and a second by Commissioner Semanson to approve the request for the issuance of an Alcohol License by Peachtree Parkway C-Store, Inc. d/b/a Peachtree Shell Food Mart, Named Licensee is Shabana Lalani, application to sell Malt Beverages (Beer) and Wine by the Package (AL160727). Motion carried unanimously.

(2) Public Hearing and consideration of proposed revisions to Chapter 50 of the Code of Ordinances (Offenses and Miscellaneous Provisions) regulating the sale of non-traditional tobacco paraphernalia, e-cigarettes, and alternative nicotine products

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

Speaking in favor:
Kirk Wintersteen

Speaking in opposition:
Chester Kramarski

Commissioner Swope would like to see a buffer zone in relation to schools. This would necessitate an additional public hearing.

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

There was a motion by Commissioner Levent and a second by Commissioner Mills to have another Public Hearing on the non-traditional tobacco and vaping Ordinance on Thursday, February 2, 2017 to include setback language with respect to vaping as discussed by Commissioner Swope and to also remove the filtration requirement. Also, in conjunction with that, another Public Hearing with respect to a modification to the Alcohol Code to include that violations of the non-traditional tobacco ordinance will result in cumulative infractions on the alcohol permit. Motion carried unanimously.

(3) Public Hearing and consideration of adoption of a consolidated Impact Fee Ordinance to include the proposed Park and Recreation Impact Fee Ordinance amendment consolidated and combined with the previously approved April 7, 2016 Impact Fee Ordinance

Commissioner Amos remained recused from any discussion/vote on this item.

There was a motion by Commissioner Mills and a second by Commissioner Swope to open the Public Hearing. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member recused (Amos).

Speaking in favor:
Kirk Wintersteen

Speaking in opposition:
None

There was a motion by Commissioner Mills and a second by Commissioner Levent to close the Public Hearing. Motion carried with four members in favor (Levent, Swope, Semanson and Mills) and one member recused (Amos).

There was no action taken. An additional Public Hearing will be held on Thursday, February 2, 2017.

(4) Public Hearing and consideration of request by Christopher Light on behalf of McGinnis Ferry Owner, LLC to amend zoning conditions placed on VA150027 – AZ160018 – District #2 – Postponed to Regular Meeting/Public Hearings of February 2, 2017

(5) Public Hearing and consideration of request by Josh Scoggins on behalf of Etowah Heights, LLC to amend zoning conditions placed on ZA2945 (Douglas Sorrells) – AZ160021 – District #4 – Postponed to Regular Meeting/Public Hearings of March 2, 2017

(6) Public Hearing and consideration of request by Josh Scoggins on behalf of FrontDoor Communities, LLC to amend the existing Master Planned District zoning in accordance with the site plan and Master Plan Book filed on December 9, 2016 and approved with ZA3411 (Paces Battle Properties, LLC) – AZ160022 – District #3 – Postponed to Regular Meeting/Public Hearings of February 2, 2017

(7) Public Hearing and 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 Mills and a second by Commissioner Amos to open the Public Hearing. Motion carried unanimously.

Speaking in favor:
Ethan Underwood

Speaking in opposition:
None

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

There was a motion by Commissioner Levent and a second by Commissioner Amos to postpone the decision on this request to the Regular Meeting of January 19, 2017. Motion carried unanimously.

(8) Public Hearing and consideration of a County-initiated request by the Forsyth County Board of Commissioners to amend zoning conditions placed on ZA3370 (Wellstone, LLC) – AZ160024 – District #5

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

Speaking in favor:
None

Speaking in opposition:
Fred Viele
Ethan Underwood
Carol Lockwood
Steve Jenn

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

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

UNDER PUBLIC COMMENTS THE FOLLOWING PERSON ADDRESSED THE BOARD:

Kristen Stevens

UNDER OLD BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:

(1A) Parkland Communities, Inc., ZA3810, A1 to CR2 – District #3

There was a motion by Commissioner Levent and a second by Commissioner Amos to approve the rezoning request by Parkland Communities, Inc., ZA3810, A1 to RES3 with the conditions as displayed in the red-lined version of the conditions including an additional modification to Condition #1. The final conditions read as follows:

1. Average lot of 18,500 square feet with a 16,000 minimum.

2. 15% greenspace in addition to sewer easement.

3. 90’ foot wide lots at front setback line excluding cul-de-sacs.

4. Space along greenway for sewer easement to be donated back to Forsyth County.

5. There shall be a 10-foot minimum setback from all Utility Easements to any building.

6. Developer shall construct an 8 ft. privacy fence along the common boundary line with the Walker property Tax ID 085-006 being 4750 Shiloh Road.

7. Unless otherwise stated in this condition, the following restrictions shall apply to all of the homes in the subdivision:

(i) All homes shall include a brick and/or stone, where brick or stone does not cover more than a water table, water table on all four (4) sides of each home. All water tables shall adhere to the following minimum requirements:

(a) On homes with slab elevations the water table shall cover all exposed foundations and shall be no less then eighteen (18) inches tall.

(b) On homes with basement elevations the water table shall be no less than the height of the first floor band board and shall cover all exposed foundation walls on all sides of the home.

(ii) Carriage style garage doors shall be used on all homes with garage doors facing public roads.

(iii) The roofing material used on all detached homes shall be cedar shake, architectural/dimensional style asphalt shingles or metal as appropriate to the architectural style of each home as determined by the builder.

(iv) All roofs and gables will be no less than a 8\12 pitch excluding dormers, porches, bay windows and 3rd floor retreats.

(v) All overhangs including gables and side gables will have a minimum of a 12 inch overhang on all sides.

8. The following restrictions shall apply only to the fronts of all homes:

(i) A minimum of forty-five percent (45%) of all homes shall have a minimum of seventy-five percent (75%) brick, stone and/or shake with accents not to exceed twenty-five percent (25%) of cement-based materials, such as, but not limited to, hardi-plank lap siding.

(ii) Up to forty-five percent (45%) of all homes may have up to fifty percent (50%) lap siding on the front facades. On all homes containing fifty percent
(50%) lap siding the overlap of such siding shall have a maximum reveal of six (6) inches.

(iii) Up to ten percent (10%) of all homes may contain lap siding on a majority of the front façade above the water table. On all homes containing a majority of lap siding on the front façade the overlap of such siding shall have a maximum reveal of six (6) inches.

(iv) On all homes utilizing more than twenty-five percent (25%) lap siding on the front façade, said homes must include a significant covered front porch element that is appropriate to the architectural style of the home as determined by the builder. For purposes of this condition the term “significant” shall mean a covered front porch that is a minimum of six (6) feet deep and at least one hundred (100) square feet in size.

9. The following restrictions shall apply only to the sides and rear of the homes:

(i) In addition to the water table requirement contained herein, the exterior materials that may be used on the sides and rear of all homes shall be limited to brick, stone, cement-based lap siding and/or shake.

(ii) Notwithstanding the foregoing, on all homes that have sides which face public roads within the community, such as corner lots, the exterior materials that may be used on the sides of said homes shall be limited to brick, stone, cement-based lap siding or shake. If lap siding is used, the overlap of such siding shall have a maximum reveal of six (6) inches.

(iii) All homes will have a minimum of three 12 inch house and foundation offsets in the front and one in the rear.

10. The common area shall be designed to ensure it is capable of being used and enjoyed by the residents for active or passive recreation. This area shall be accessible via pedestrian connections and include some combination of walking trails, bikeways, neighborhood pocket parks, community gardens, civic gathering places, and passive and/or active recreation facilities.

11. Owner/Developer shall dedicate right-of-way 40’ from centerline on Shiloh Road as required by site development or for future road improvement projects as required by Department of Engineering.

12. Development shall tie onto Forsyth County sewer systems by gravity.

13. Sewer access must be provided to all upstream properties.

14. Sewer capacity is not guaranteed for this property. All sewer capacity agreements must be approved by the Forsyth County Board of Commissioners.

15. Any improvements to the water or sewer systems required to meet fire flow or other requirements shall be done at developer’s expense.

16. Three shall be no trees, fences, walls, monument signs, or other obstructions within the utility easements or R/W.

17. All development, including access and utility easements, must comply with Forsyth County Standards.

18. In the graded areas along the common boundary line with the Shiloh Creek there shall be a 25ft landscape strip with a 6ft berm planted with 2 staggered rows of 6ft Leyland Cypress trees 15ft on center. Any berm and planting shall be completed during the initial site grading. This condition shall not apply to areas adjacent to Shiloh Creek which remain undisturbed unless existing vegetation is sparse. If existing vegetation is sparse, the developer shall supplement with additional plantings only.

19. There shall be a Drainage Easement along the rear of lots 41-55 to capture stormwater runoff.

20. No more than 10% of the homes shall have front entry garages. All other homes shall have side entry garages.

21. Contingent on the transfer of property from the City of Alpharetta to the Developer, the Developer agrees to donate to the County tax map and parcel 062-018 located to the rear of the property for use as a passive park and/or greenspace. The County may, but shall have no obligation to accept, this future donation of property upon such terms and conditions as may be agreed upon between the Developer and the County. This possible property donation has not influenced in any manner the zoning decision made by the County with respect to the development, as the County has yet to determine whether to accept the property nor has the developer outlined those terms and conditions that may accompany such decision.

Motion and second were withdrawn.

There was a motion by Commissioner Levent and a second by Commissioner Amos to approve the rezoning request by Parkland Communities, Inc., ZA3810, A1 to RES3 with the conditions as displayed in the red-lined version of the conditions. The final conditions read as follows:

1. Average lot of 18,500 square feet with a 14,750 minimum.

2. 15% greenspace in addition to sewer easement.

3. 90’ foot wide lots at front setback line excluding cul-de-sacs.

4. Space along greenway for sewer easement to be donated back to Forsyth County.

5. There shall be a 10-foot minimum setback from all Utility Easements to any building.

6. Developer shall construct an 8 ft. privacy fence along the common boundary line with the Walker property Tax ID 085-006 being 4750 Shiloh Road.

7. Unless otherwise stated in this condition, the following restrictions shall apply to all of the homes in the subdivision:

(i) All homes shall include a brick and/or stone, where brick or stone does not cover more than a water table, water table on all four (4) sides of each home. All water tables shall adhere to the following minimum requirements:

(a) On homes with slab elevations the water table shall cover all exposed foundations and shall be no less then eighteen (18) inches tall.

(b) On homes with basement elevations the water table shall be no less than the height of the first floor band board and shall cover all exposed foundation walls on all sides of the home.

(ii) Carriage style garage doors shall be used on all homes with garage doors facing public roads.

(iii) The roofing material used on all detached homes shall be cedar shake, architectural/dimensional style asphalt shingles or metal as appropriate to the architectural style of each home as determined by the builder.

(iv) All roofs and gables will be no less than a 8\12 pitch excluding dormers, porches, bay windows and 3rd floor retreats.

(v) All overhangs including gables and side gables will have a minimum of a 12 inch overhang on all sides.

8. The following restrictions shall apply only to the fronts of all homes:

(i) A minimum of forty-five percent (45%) of all homes shall have a minimum of seventy-five percent (75%) brick, stone and/or shake with accents not to exceed twenty-five percent (25%) of cement-based materials, such as, but not limited to, hardi-plank lap siding.

(ii) Up to forty-five percent (45%) of all homes may have up to fifty percent (50%) lap siding on the front facades. On all homes containing fifty percent (50%) lap siding the overlap of such siding shall have a maximum reveal of six (6) inches.

(iii) Up to ten percent (10%) of all homes may contain lap siding on a majority of the front façade above the water table. On all homes containing a majority of lap siding on the front façade the overlap of such siding shall have a maximum reveal of six (6) inches.

(iv) On all homes utilizing more than twenty-five percent (25%) lap siding on the front façade, said homes must include a significant covered front porch element that is appropriate to the architectural style of the home as determined by the builder. For purposes of this condition the term “significant” shall mean a covered front porch that is a minimum of six (6) feet deep and at least one hundred (100) square feet in size.

9. The following restrictions shall apply only to the sides and rear of the homes:

(i) In addition to the water table requirement contained herein, the exterior materials that may be used on the sides and rear of all homes shall be limited to brick, stone, cement-based lap siding and/or shake.

(ii) Notwithstanding the foregoing, on all homes that have sides which face public roads within the community, such as corner lots, the exterior materials that may be used on the sides of said homes shall be limited to brick, stone, cement-based lap siding or shake. If lap siding is used, the overlap of such siding shall have a maximum reveal of six (6) inches.

(iii) All homes will have a minimum of three 12 inch house and foundation offsets in the front and one in the rear.

10. The common area shall be designed to ensure it is capable of being used and enjoyed by the residents for active or passive recreation. This area shall be accessible via pedestrian connections and include some combination of walking trails, bikeways, neighborhood pocket parks, community gardens, civic gathering places, and passive and/or active recreation facilities.

11. Owner/Developer shall dedicate right-of-way 40’ from centerline on Shiloh Road as required by site development or for future road improvement projects as required by Department of Engineering.

12. Development shall tie onto Forsyth County sewer systems by gravity.

13. Sewer access must be provided to all upstream properties.

14. Sewer capacity is not guaranteed for this property. All sewer capacity agreements must be approved by the Forsyth County Board of Commissioners.

15. Any improvements to the water or sewer systems required to meet fire flow or other requirements shall be done at developer’s expense.

16. Three shall be no trees, fences, walls, monument signs, or other obstructions within the utility easements or R/W.

17. All development, including access and utility easements, must comply with Forsyth County Standards.

18. In the graded areas along the common boundary line with the Shiloh Creek there shall be a 25ft landscape strip with a 6ft berm planted with 2 staggered rows of 6ft Leyland Cypress trees 15ft on center. Any berm and planting shall be completed during the initial site grading. This condition shall not apply to areas adjacent to Shiloh Creek which remain undisturbed unless existing vegetation is sparse. If existing vegetation is sparse, the developer shall supplement with additional plantings only.

19. There shall be a Drainage Easement along the rear of lots 41-55 to capture stormwater runoff.

20. No more than 10% of the homes shall have front entry garages. All other homes shall have side entry garages.

21. Contingent on the transfer of property from the City of Alpharetta to the Developer, the Developer agrees to donate to the County tax map and parcel 062-018 located to the rear of the property for use as a passive park and/or greenspace. The County may, but shall have no obligation to accept, this future donation of property upon such terms and conditions as may be agreed upon between the Developer and the County. This possible property donation has not influenced in any manner the zoning decision made by the County with respect to the development, as the County has yet to determine whether to accept the property nor has the developer outlined those terms and conditions that may accompany such decision.

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

(2) Board consideration of vested rights determinations related to the following:

(A) Sewer Reservation Agreement with Red Bull Holdings II, LLC for 40 lots (10,800 gpd)

(B) 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 that will be sent to Mr. Harold Buckley regarding the vested rights application by Red Bull Holdings II, LLC. No Board action was taken.

The County Attorney is currently working on the request by REO Funding Solutions, II, LLC. This item will be brought back to the Board at a future meeting.

(3) 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 January 19, 2017

(4) Board consideration of modifying the 30-day Land Disturbance Permit Moratorium related to the Coal Mountain Overlay (adopted December 20, 2016), to also include a moratorium on issuance of Building Permits

There was a motion by Commissioner Amos and a second by Commissioner Mills to modify the existing Coal Mountain Moratorium on land development permits for commercial including the commercial in MPD’s to include the additional parcels reflected on the displayed map. Motion carried unanimously.

(5) Board clarification and direction that a County-initiated 25’ buffer variance was intended for the previously authorized Res3/Res6 County-initiated rezoning related to the Paran Homes development on Dahlonega Highway and Martin Road (tax parcels 216-035, 216-095, 216-051), with the public hearing for the zoning and related variance to occur February 2, 2017

There was a motion by Commissioner Mills and a second by Commissioner Levent to authorize the County Attorney to advertise the 25’ buffer variance with the Public Hearing for the County initiated rezoning related to the Paran Homes Development. Motion carried unanimously.

(6) Board Resolution approving the Forsyth County 2015 Annual Capital Improvement Element (“CIE”) Update

There was a motion by Commissioner Amos and a second by Commissioner Mills to approve the Board Resolution approving the Forsyth County 2015 Annual Capital Improvement Element (“CIE”) Update. Motion carried unanimously.

UNDER NEW BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:

(1) Board discussion of Judicial Salaries and possible request for local legislation – Moved to Work Session of January 10, 2017

(2) Board consideration of a Special Addendum to Contract for Time of Use Supplier Choice Tariff Flat Price Option between Georgia Power Company and Forsyth County for the Shakerag Water Reclamation Facility

The County Attorney advised the Board that a revised version of the Special Addendum has been placed at their stations. This is the version to be considered for adoption.

There was a motion by Commissioner Levent and a second by Commissioner Mills to approve the Special Addendum to Contract for Time of Use Supplier Choice Tariff Flat Price Option between Georgia Power Company and Forsyth County for the Shakerag Water Reclamation Facility as distributed by the County Attorney this evening (contract was previously approved at the Regular Meeting of December 20, 2016). Motion carried unanimously.

(3) Board consideration of nomination and appointment of Commission District 2 representative on the Planning Commission to serve a 4-year term beginning January 1, 2017 through December 31, 2020

There was a motion by Commissioner Swope and a second by Commissioner Semanson to appoint Stacy Guy as the District 2 representative on the Planning Commission to serve a 4-year term. Motion carried unanimously.

(4) Board Consideration of Corrective Resolution to correct Exhibits attached to the January 24, 2005 Board of Commissioners Resolution approving with conditions ZA2945 in order to reflect the proper acreage approved for rezoning

There was a motion by Commissioner Mills and a second by Commissioner Levent to adopt the Corrective Resolution to correct Exhibits attached to the January 24, 2005 Board of Commissioners Resolution approving with conditions ZA2945 in order to reflect the proper acreage approved for rezoning as presented by the County Attorney. Motion carried unanimously.

There was a motion by Commissioner Mills and a second by Commissioner Semanson 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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