12/4/2008 - Board of Commissioners Summary

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AGENDA
FORSYTH COUNTY BOARD OF COMMISSIONERS
THURSDAY, DECEMBER 4, 2008 @ 5:00 P.M.
FORSYTH COUNTY ADMINISTRATION BUILDING
110 EAST MAIN STREET - SUITE 220
CUMMING, GEORGIA 30040


MEMBERS 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) Due to the New Year’s Day Holiday, the January 1st Board of Commissioners Regular Meeting/Public Hearings Meeting will be rescheduled to January 8, 2009 and the January 15th Board of Commissioners Regular Meeting will be rescheduled to January 22, 2009.

(2) Presentation of a Proclamation and Good Samaritan Award to Joshua Torre and Benjamin Torre for their courageous actions taken on August 3, 2008 in Panama City Beach, Florida during a surf rescue call – Chairman Laughinghouse.

Public Comments – 6 speakers.

Adoption of Minutes:

(1) Executive Session of November 12, 2008.
Adopted.

(2) Called Meeting/Work Session and Executive Session of November 18, 2008.
Adopted.

(3) Regular Meeting/Public Hearings and Executive Session of November 20, 2008.
Adopted.




Consent Agenda:

(1) Adoption of Resolutions authorizing Affidavits concerning Executive Sessions of November 12, 2008; November 18, 2008 and November 20, 2008.
Adopted.

(2) Adoption of Resolutions for Condemnation of property now or formerly owned by Daniel G. Rainey and Ludivina R. Rainey (Land Parcels 38 & 39) for the Castleberry Road Project – County Attorney.
Adopted.

(3) Approval of Release and Waiver Agreement between Rhonda Poston-O’Connor and Forsyth County – County Attorney.
Approved.

(4) Approval of Sewer Reservation Agreement with Technical College System of GA – Fowler WRF – Director of Water & Sewer.
Approved.

(5) Approval of Michael Wood, et al. v. Forsyth County, Georgia v. Merritt Contracting, Inc. Settlement Agreement and Mutual Release – County Attorney.
Approved.

(6) Adoption of Resolution Appointing County Attorneys – Chairman Laughinghouse.
Adopted.

(7) The following items were discussed and unanimously approved at a Called Meeting/Work Session held on November 18, 2008:
All items listed below (A-T) were approved.

(A) Request to fill vacant positions in the E-911 Center – Director of E-911.

(B) Request to fill vacant position in Magistrate Court – Magistrate Court Judge.

(C) Approval to apply for the Georgia Urban Forest Council Grant in the amount of $20,000 to allow for tree plantings at Central Park – $19,000 match required – Grants Administrator.



(D) Approval of the Community Grant Award from the United Way in the amount of $2,506.80 for the Forsyth County Juvenile Court Program – no match required – Court Manager/Chief Clerk of Court.

(E) Approval of Agreement between the Georgia Mountains Regional Development Center and Forsyth County for Digital Orthophotography and LiDAR - (contingent upon approval of 2009 budget) – Director of GIS.

(F) Approval of Tyler Software License and Professional Services Agreement and adoption of Resolution modifying the FY 2008 Budget to fund the purchase of judicial software - Chief Financial Officer/County Attorney.

(G) Approval of budget amendment in the FY 2008 Capital Projects Fund for an additional $786,941 for the purchase of judicial software and implementation services – Chief Financial Officer.

(H) Approval of budget amendment in the FY 2008 Capital Projects Fund for an additional $800,000 for contractual services from a third party to provide project management services during the implementation and training phases for the judicial software – Chief Financial Officer.

(I) Renewal of Contract with More Business Solutions for providing copier and mailroom services for Calendar Year 2009 – Procurement Director.

(J) Renewal of Contract with Advanced Ambulance for providing ambulance service to the County for Calendar Year 2009 – Procurement Director.

(K) Renewal of Agreement with NALAA for providing services to run and operate the Forsyth County Animal Shelter – Procurement Director.

(L) Renewal of Office Depot through U.S. Communities for Calendar Year 2009 - Procurement Director.

(M) Renewal of the following as-needed Service Agreements for 2009: (Procurement Director)

i. Qore - Geotechnical Services

ii. Seaco - CRS-2H

iii. Banks Tanks - Porta Potties

iv. Pendley & Pendley – Real Estate Appraiser

v. HD Supply – Parts

vi. Qual Con – Concrete Repairs

vii. Service Group – Coffee Service

(N) Acceptance of Bid #08-100-3340 for as needed landscape repairs for the Water & Sewer Department – Procurement Director.

(O) Acceptance of Bid #08-119-5212 for as needed irrigation repairs for the Parks & Recreation Department – Procurement Director.

(P) Acceptance of Bid #08-123-5212 for a Blanket Pricing Agreement for grass seed for the Parks & Recreation Department and the Roads & Bridges Department – Procurement Director.

(Q) Acceptance of Bid #08-124-3120 for a Blanket Pricing Agreement for various landscaping supplies for the Parks & Recreation Department, the Roads & Bridges Department and the Water & Sewer Department.

(R) Acceptance of Bid #08-122-5212 for a Blanket Pricing Agreement for medium grade sand for the Parks & Recreation Department.

(S) Acceptance of Bid #08-125-5212 for a Blanket Pricing Agreement for fertilizer for the Parks & Recreation Department and the Roads & Bridges Department.

(T) Approval of request by Midway Kids Village, LLC for an Access & Drainage Easement for ten (10) feet along Midway Park – County Attorney.

(8) The following items were discussed and unanimously approved at a Called Meeting/Work Session held on November 25, 2008:
All items listed below (A-K) were approved.

(A) Appointment of member to the Region 2 Mental Health, Developmental Disabilities, and Addictive Diseases Regional Planning Board – Interim County Manager.

(B) Approval to apply for the Georgia Department of Transportation Safe Route to Schools (SRTS) Grant in an amount not to exceed $500,000 – no matching funds required – Grants Administrator.

(C) Approval and execution of Agreement for Off-System Surface Transportation Project between the Department of Transportation and Forsyth County for the construction of James Burgess Road Sidewalk Project #CSSTP-0006-00(919) – Director of Engineering.

(D) Authorization to renew support maintenance agreement with Tyler Technologies for the Tax Assessor’s Software – Procurement Director.

(E) Rejection of Bid #08-109-5212 for the construction of a maintenance building at Shady Grove Campground – Procurement Director.

(F) Acceptance of Bid #08-95-3150 for as needed guardrail installs & repairs for the Roads & Bridges/Engineering Department – Procurement Director.

(G) Acceptance of Bid #08-138-3340 for as needed pumping out of wet wells, pump stations and lift stations – Procurement Director.

(H) Acceptance of Bid #08-141-3340 for providing as needed sewer spill monitoring – Procurement Director.

(I) Approval of Advanced Ambulance proposed fee changes to service users – Procurement Director.

(J) Board Consideration of allowing County Sewer Customer to be served by City Sewer, and authority for the County to modify the Service Delivery Strategy Map and Sewer Map to effect change – Director of Water & Sewer.

(K) Approval of Tribble Road Develoment Sewer Service Agreement – County Attorney.

(9) Approval of Carnes Workers’ Compensation Settlement – County Attorney.
Approved.



VIII. Public Hearings:

(1) Presentation of the proposed Fiscal Year 2009 Budget – Interim County Manager/Chief Financial Officer.
Public Hearing held. A second Public Hearing will be held 12/18/08. Budget will be considered for adoption on 12/18/08.

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

(A) BMY Enterprises, LLC d/b/a Star Beverages, Named Licensee is Yonas Tadesse, application for a 2009 license to sell Distilled Spirits, Beer and Wine by the Package – District #2.
Approved.

(B) Souhail Mart, Inc. d/b/a Food Mart #503-Shell, Named Licensee is Souhail Benelhajkhalifa, application for a 2009 license to sell Beer and Wine by the Package – District #3.
Approved.

(C) Georgia CVS Pharmacy, LLC d/b/a CVS Pharmacy #4682, Named Licensee is Randall Wilson, application for a 2009 license to sell Beer and Wine by the Package – District #3.
Postponed to 12/18/08.

(D) Fenchurch Pubs Corporation d/b/a The Firkin Crown, Named Licensee is Parag Patel, application for a 2009 license to sell Distilled Spirits, Beer and Wine for Consumption on the Premises – District #2.
Approved.

(E) Beef’s of Cumming, Inc. d/b/a Beef O’Brady’s, Named Licensee is David Graham, application for a 2009 license to sell Beer and Wine for Consumption on the premises – District #5.
Approved.

(3) Request approval of a 2009 Wholesale Distributor License for Georgia Beverage Imports, Inc., located at 5950 Shiloh Road, Alpharetta, Forsyth County, Georgia - Named Licensee is Paul S. Walia – District #3 – Interim County Manager.
Approved.

(4) Request by Melissa Michelle Hill d/b/a Auto Cash of Coal Mountain for approval of a 2009 license to operate a Pawnbroker Establishment (Pawnshop) located at 4275 Browns Bridge Road, Cumming, Georgia, Named Licensee is Melissa Michelle Hill – District #4 – Interim County Manager.
Approved.

(5) Second reading of proposed amendments to Ordinance #74 (Sign Ordinance) – County Attorney.
(First Public Hearing was held on 11/06/08).
Adopted amendments regarding LED & Automated Copy Signs.
A second Public Hearing regarding “Banners” will be held 12/18/08.

(6) Approval of Transmittal Resolution for the partial update to the Comprehensive Plan – Senior Long Range Planner.
(First Public Hearing was held on 11/25/08).
Postponed to 01/08/09.

(7) Request by Blue Haven Pools of Georgia to amend zoning conditions placed on ZA# 2557 (Kelly Mill Associates/Yost Communities, Inc.) and a variance to the UDC, Table 11.2(a) – ZCA# AZ080034 – District #1 – Director of Planning & Development.
(Postponed from 11/06/08 Agenda).
Approved.

(8) Request by Rex Gravitt to amend zoning conditions placed on ZA# 3105 (Moxie Construction, LLC) – ZCA# AZ080035 – District # 1 – Director of Planning & Development.
(Postponed from 11/06/08 Agenda).
Approved request to amend condition #8. Approved request from applicant to withdraw without prejudice the request to amend condition #14.

(9) Request by Jerry and Tammy Carnes to amend zoning conditions placed on ZA# 2043 (Jerry Carnes) – ZCA# AZ080036 – District #4 – Director of Planning & Development.
(Postponed from 11/06/08 Agenda).
Approved.

(10) Request by Jerry and Tammy Carnes for Sketch Plat approval (SP080003) – District #4 – Director of Planning & Development.
Approved.

(11) Request by No Longer Bound, Inc. to amend zoning conditions placed on ZA# 2585 (ZCA# AZ080038) – District #2 – Director of Planning & Development.
Approved.

(12) Request by Luz Cafferatta to amend zoning conditions placed on ZA# 2857 (ZCA# AZ080039) – District #2 – Director of Planning & Development.
Approved.

IX. Old Business:

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

(A) Noel Carpenter, ZA# 3496, CBD to M1 with variances to buffer and setback requirements – District #3.
(Postponed from 11/20/08 Agenda).
Postponed to 02/05/09.

(B) Smith-Burdette Enterprises, LLP, ZA# 3498, CBD to M1 – District #3.
(Postponed from 11/20/08 Agenda).
Postponed to 12/18/08.

(2) Taubman Development Agreement – County Attorney.
(Postponed from 07/17/08, 08/07/08, 09/18/08, 10/02/08, 11/06/08 and 11/20/08 Agendas).
MOVED TO END OF MEETING.
Approved as amended.

(3) 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.
(Public Hearing held 11/06/08 – postponed decision to from 11/20/08 Agenda).
MOVED TO END OF MEETING.
Approved.

(4) 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.
(Public Hearing held 11/06/08 – postponed decision from 11/20/08 Agenda).
MOVED TO END OF MEETING.
Approved.

(5) Acquisition of the Harrison Property – County Attorney.
(Postponed from 11/20/08 Agenda).
Postponed to 12/09/08 BOC Called Meeting/Work Session.
New Business:

(1) Review of proposed standards for the purchase of Laptop Computers – Procurement Director.
(Previously discussed at a Called Meeting/Work Session held on 11/18/08).
Approved.

(2) Renewal of Agreement with JJ&G Services for Operations & Maintenance of The Manor for Calendar Year 2009 – Procurement Director.
(Previously discussed at a Called Meeting/Work Session held on 11/18/08).
Approved.

(3) Acquisition of the Buice Property – County Attorney.
Approved.

Administrative Hearings:

None.

Recess Regular Meeting

Executive Session if Needed

Signature of Approved Documents

Adjournment









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