7/17/2008 - Board of Commissioners Summary

PRESENT:
Charles Laughinghouse, Chairman; David Richard, Vice Chairman; Jim Harrell, Secretary; Dr. Linda Ledbetter, Member; Brian Tam, Member.


Call Meeting to Order

Invocation and Pledge of Allegiance

Adoption of Agenda – Adopted with changes.

Announcements and Reports:

(1) At 6:30 p.m., the Regular Meeting/Public Hearings will be recessed in order to hold the Public Hearing regarding the proposed Millage Rate – Chief Financial Officer/Director of Finance.

(2) Presentation of longevity service awards to those employees having twenty (20) or more years of service during the second quarter of 2008 – Director of Personnel Services.

(3) Read into the record and presented a Resolution in recognition of Miracle League Board members – Chairman Laughinghouse.

Public Comments – 7 spoke.

Adoption of Minutes:

(1) Regular Meeting/Public Hearings and Executive Session of June 19, 2008.
Adopted.

(2) Called Meeting/Work Session and Executive Session of June 24, 2008.
Adopted.

(3) Called Meeting/Work Session of July 1, 2008.
Adopted.


Consent Agenda:

(1) Adoption of Resolutions authorizing Affidavits concerning Executive Sessions of June 19, 2008 and June 24, 2008.
Adopted.

(2) Adoption of Resolution in recognition of the Miracle League Board – Chairman Laughinghouse.
Adopted.

(3) Approval of Sewer Reservation Agreement with Pope and Land Enterprises (Fulton County – Big Creek) – Director of Water & Sewer.
Approved.

(4) Approval and adoption of Resolution of Right-of-Way Transfer in which ownership is sought to be transferred from Forsyth County to the Georgia Department of Transportation for Parcels 76, 77 and 98 of State Route 9 at State Route 20 known as Project No. STP-0000-00(810) – Director of Engineering.
Approved.

(5) Approval and adoption of Resolution of Right-of-Way Transfer in which ownership is sought to be transferred from Forsyth County to the Georgia Department of Transportation for Parcels 37, 36, 95, 7A and 133 of McGinnis Ferry Road from Sargent Road to the Chattahoochee River, known as Project No. MSL-0004-00(429) – Director of Engineering.
Approved.

(6) Approval and adoption of Resolution of Right-of-Way Transfer in which ownership is sought to be transferred from Forsyth County to the Georgia Department of Transportation for Parcel 19B, State Route 369 at Hendrix Road; Parcel 34, State Route 369 at Shady Grove Road and Parcels 47 & 53, State Route 369 at Waldrip Road, known as Project No. STP-0000-00(811) – Director of Engineering.
Approved.

(7) Acceptance of Right-of-Way as a County maintained road and initiation of 18 month maintenance period with a speed limit of 20 m.p.h. for Maristone Landing Way in Maristone Phase 3 – Director of Engineering.
Approved.

(8) Request by Director of Engineering for acceptance of Right-of-Way as County maintained roads, initiation of 18 month maintenance period and establish 25 m.p.h. as follows: - Approved.

(A) Vickery Lake Phase 2

(1) Vickery Post Lane
(2) Kinsale Way
(3) Kenmare Walk
(4) Kinnity Court

(B) Parc @ Creekstone Phase 1

(1) Terrace Lane
(2) Manor View

(C) Parc @ Creekstone Phase 2

(1) Manor View

(D) Vickery Downs

(1) Vickery Circle
(2) Penny Lane

(E) Vickery Phase 4B & 5B

(1) Bucks Road
(2) Cordery Road
(3) Greenbrier Road
(4) Round Road
(5) Vickery Creek Road

(F) Brandon Hall, Unit 6

(1) Brandon Hall Way
(2) Heathcliff Way

(G) Orchard Lakes

(1) Orchard Lake Drive
(2) Orchard Park Lane
(3) Orchard View Way
(4) Orchard Ridge Court

(9) The following items were discussed and unanimously approved at a Called Meeting/Work Session held on June 24, 2008: Approved.

(A) Approval of Amendment No. 1 to FY 2008 contract between Forsyth County and The Legacy Link, Inc. for the Nutrition Program - Senior Center Director.

(B) Authorization for the purchase and installation of True Protection Software for the Information Technology Department – Procurement Director.

(C) Rejection of RFP #08-40-1500 for the construction of a Jury Assembly Room and the renovation of the current room into a Courtroom – Procurement Director.

(D) Acceptance of RFQ #08-61-3150 for as needed repair work for the Engineering Department – Procurement Director.

(E) Approval for the County to act as the Fiscal Agent for the Caring Communities for Children and Families Grant – Grants Administrator.

(F) Approval of Agreement between Forsyth County and Sawyer & Company, LLC to conduct a county-wide review of internal controls – Chief Financial Officer.

(G) Authorization to issue zoning condition compliance letter regarding Stonehaven Subdivision – Director of Planning & Development/County Attorney.

(H) Approval of Right of Entry and Indemnity Agreement to raze County structure – County Attorney.

(10) The following items were discussed and unanimously approved at a Called Meeting/Work Session held on July 8, 2008: Approved.

(A) Acceptance of Bid #08-79-3120 for a Dura Patcher Chassis for the Roads & Bridges Department – Procurement Director.

(B) Acceptance of Bid #08-68-5212 for a Rubber Pour & Walk Trail at Ducktown Park – Procurement Director.

(C) Authorization to proceed with Change Order #1 for the Big Creek Cold Weather Discharge – Procurement Director.

(D) Acceptance of RFP #08-31-1512 for Banking Services – Procurement Director.

(E) Reappointment of the following members to the Georgia Mountains Regional Development Center Board (GMRDC): (County Manager)

(1) Charles Laughinghouse, County Government
(2) Kevin J. Tallant, Private Sector Representative
(3) Paul Kreager, Weighted Membership #2

VIII. Public Hearings:

(1) Request approval of Alcohol Licenses as follows: (County Manager)

(A) Gang San Enterprise, Inc. d/b/a Lake Pointe Package, Named Licensee is Chong Sun Kwon, application to sell Distilled Spirits, Beer & Wine by the Package – District #5.
Approved.

(B) John’s Creek Restaurant, Inc. d/b/a Moe’s Southwest Grill, Named Licensee is Amin Mitha, application to sell Beer & Wine for Consumption on the Premises – District #2.
Approved.

(C) Cumming Restaurant, Inc. d/b/a Moe’s Southwest Grill, Named Licensee is Amin Mitha, application to sell Beer & Wine for Consumption on the Premises – District #3.
Approved.

(D) Pizza Hut of America, Inc. d/b/a Pizza Hut #621055, Named Licensee is Nathan Scott, application to sell Beer & Wine for Consumption on the Premises – District #1.
Denied.

(E) Chris Shelton d/b/a The Show Room, Named Licensee is Chris Shelton, application to sell Beer & Wine for Consumption on the Premises – District #5.
Approved with conditions.

(F) BH Partners of North Atlanta, Inc. d/b/a The New York Butcher Shoppe, Named Licensee is Brenton M. Hamil, application to sell Beer & Wine by the Package – District #2.
Approved.


(2) Second reading of proposed amendments to Ordinance #96 (Pawnbrokers and Pawn Shop Establishments Ordinance) – County Attorney.
(First Public Hearing held 06/05/08).
Public Hearing held – postponed decision to first meeting in September.

(3) Request by Sanders-M Square, LLC to amend zoning conditions placed on ZA# 3063 and a variance to the UDC – ZCA# AZ070055 – District #1 – Director of Planning & Development.
(Postponed from 01/03/08; 02/21/08; 04/17/08; 05/01/08 and 05/15/08 Agendas).
Postponed to 08/21/08.

(4) Request by Sanders-M Square, LLC to amend zoning conditions placed on ZA# 2050 and a variance to the UDC Table 12.2 – ZCA# AZ070054 – District #1 – Director of Planning & Development.
(Postponed from 01/03/08; 02/21/08; 04/17/08; 05/01/08 and 05/15/08 Agendas).
Postponed to 08/21/08.

(5) Request by Sanders-M Square for approval of a Sketch Plat (SP070021) – District #1 – Director of Planning & Development.
(Postponed from 05/01/08 and 05/15/08 Agendas).
Postponed to 08/21/08.

(6) Request by Joseph Thomas to amend zoning conditions placed on ZA# 2497 (ZCA# AZ080021) – District #1 – Director of Planning & Development.
Public Hearing held – postponed decision to 08/07/08.

(7) Request by Cane Creek Real Estate Investors, LLC to amend zoning conditions placed on ZA# 3144 and a variance to the UDC, Table 11.2(b) – ZCA# AZ080020 – District #2 - Director of Planning & Development.
Postponed to 08/07/08.

(8) Request by Lindley Enterprise to amend zoning conditions placed on ZA# 2401 (Marett Properties, LLC) – ZCA# AZ080019 – District # 4 – Director of Planning & Development.
Public Hearing held – postponed decision to 08/07/08.
(9) Request by Atlanta Campus, LLC to amend zoning conditions placed on ZA# 3282 and a major amendment to a MPD – ZCA# AZ080010 – District #3 – Director of Planning & Development.
Approved.

(10) Request by Kent Mullinax for approval of Sketch Plat for additional parking spaces at North Point Community Church (SP080002) - District #4 – Director of Planning & Development.
Approved.

Recess Regular Meeting/Public Hearings

Public Hearing (6:30 p.m.)

(1) Public Hearing and adoption of Resolution regarding the proposed millage rate which will require an increase in the Maintenance and Operation property taxes by 1.70%, Fire property taxes by 1.67% and Bond property taxes by 173.68% - Chief Financial Officer/Director of Finance.
Adopted.

XI. Old Business:

(1) Proposed changes to the Unified Development Code (Ordinance #87) pertaining to outdoor lighting – Senior Long Range Planner.
(Public Hearing held 06/05/08 – decision postponed from 06/19/08 Agenda).
Approved.

(2) Rezoning requests: (Director of Planning & Development)

(A) Charles & Marjorie Mann Charitable Foundation, Inc., ZA# 3356, M1 to CBD with a Conditional Use Permit to allow the construction of a Continuing Care Retirement Community – District #1.
(Postponed from 04/17/08 Agenda).
TABLED.

(B) Steve Manning, ZA# 3478, R1 to CBD with a variance to the setback requirements, a variance to the buffer requirements and a variance to the parking requirements – District #5.
(Postponed from 06/19/08 Agenda).
Approved with conditions.

(3) Request by Keval Investment, Inc. to amend zoning conditions placed on ZA# 2934 (Royal Hospitality Group, Inc.) and variances to the UDC, Table 12.2 and Table 17.1 (ZCA# AZ080006) – District #1 – Director of Planning & Development.
(Public Hearing held 04/03/08 – decision postponed from 05/01/08 Agenda).
Postponed to 08/07/08.

(4) Appointment/reappointment of member to the Board of Tax Assessors for Commission District #1 (the term of Michael Busse expired on 06/28/08) – Chairman Laughinghouse/County Manager.
(Due to a tie vote 06/19/08, automatic deferral to this Agenda).
Reappointed Michael Busse.

New Business:

(1) Approval of amendment to Agreement between Pieper O’Brien Herr Architects and Forsyth County for the design development phase of the proposed Detention Center - Procurement Director.
(Previously discussed at a Called Meeting/Work Session held on June 24, 2008).
To be brought back to a future Work Session for discussion.

(2) Acceptance of RFP #08-43-3150 for as needed engineering/design services for the Engineering Department – Procurement Director.
(Previously discussed at a Called Meeting/Work Session held on June 24, 2008).
Approved.

(3) Rezoning requests: (Director of Planning & Development)

(A) Jose Elias Neto, CP080001, issuance of a Conditional Use Permit for the purpose to operate a 5,000 square foot granite fabrication business on property currently zoned CBD – District #3.
Approved with conditions.

(B) Cliff Cottingham, HP080001, issuance of a Home Occupation Permit to operate a bakery in an outside accessory building on property currently zoned R1R– District #1.
Approved with conditions.



(C) Atlanta Campus, LLC, CP080002, issuance of a Conditional Use Permit for the revision to an existing MPD (ZA# 3282) for the development of a CCRC, Senior Housing with a total of 2,000,000 square feet of building area and 2,115 parking spaces – District #3.
Approved with conditions.

(D) Atlanta Campus, LLC, ZA# 3480, A1 to MPD – District #3.
Approved with conditions.

(E) Damian Kline, ZA# 3483, A1 to RES-2 with a variance to the sewer distance requirements – District #3.
Approved with conditions.

(4) Request by Mahaffey Pickens Tucker, LLP on behalf of KAG Properties, LLC for a Public Hearing regarding the denial of an appeal of fines by the Appeals Board on June 3, 2008 on AB# AP080001 – District #4 – Director of Planning & Development.
Approved request for a Public Hearing.

(5) Request by Philip M. Casto on behalf of William A. Wiley for a Public Hearing regarding the approval of a variance by the Appeals Board on June 3, 2008 on AB# VA080021 – District #5 – Director of Planning & Development.
Approved request for a Public Hearing.

(6) Approval of Accessory Use and Site Plan for North Lanier Baptist Church – District #1 – Director of Planning & Development.
Approved.

(7) Appointment/reappointment of member to the Board of Family & Children Services for District #4 (the term of Talmadge Bolton expired June 30, 2008) – County Manager.
Reappointed Talmadge Bolton.

(8) Hearings in reference to alleged alcohol ordinance violations: (County Attorney)

(A) Granny’s, Named Licensee is Malik Pirani – District #4.
(Postponed from 06/19/08 Agenda).
No action taken.


(B) Wilkes Bottle Shoppe, Named Licensee is Kretzer Wilkes – District #4.
Removed from Agenda.

(C) King Food Mart, LLC d/b/a TJ Mart Lotto, Named Licensee is Rakesh Suryavanshi – District #1.
Postponed to 08/07/08.

(9) Taubman Development Agreement – County Attorney.
Postponed to 08/07/08.

XIII. Public Hearings:

(1) Approval of Alcohol License for Cork & Barrel, Inc. d/b/a Cork & Barrel, Named Licensee is Hunter Wehunt, application to sell Distilled Spirits, Beer and Wine by the Package – District #4 - County Manager.
Approved.

(2) Request by Harold Buckley, Jr. on behalf of TRG Forsyth, LLC to amend zoning conditions placed on ZA# 2605 (Rouse-Forsyth, LLC) – ZCA# AZ080009 – District #3 – Director of Planning & Development.
(Postponed from 04/03/08; 04/17/08; 05/15/08 and 06/19/08 Agendas).
Postponed to 08/07/08.

(3) Request by Harold Buckley, Jr. on behalf of TRG Forsyth, LLC to amend zoning conditions placed on ZA# 3050 (Greenstone Properties, Inc. of Georgia) – ZCA# AZ080008 – District #3 – Director of Planning & Development.
(Postponed from 04/03/08; 04/17/08; 05/15/08 and 06/19/08 Agendas). Postponed to 08/07/08.

XIV. Recess Regular Meeting

Executive Session if Needed

Signature of Approved Documents

Adjournment