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FORSYTH COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
MAY 17, 2012
On Thursday, May 17, 2012 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 with the following persons present: Jim Boff Chairman, Patrick B. Bell Vice Chairman, Todd Levent Secretary, Ralph J. Amos Member, Brian R. Tam Member, Doug Derrer County Manager, Tim Merritt Deputy County Manager and Sonya Bush Clerk.
AGENDA
FORSYTH COUNTY BOARD OF COMMISSIONERS
THURSDAY, MAY 17, 2012 @ 5:00 P.M.
FORSYTH COUNTY ADMINISTRATION BUILDING
110 EAST MAIN STREET - SUITE 220
CUMMING, GEORGIA 30040
I. Call Meeting to Order
II. Invocation and Pledge of Allegiance
III. Adoption of Agenda
IV. Announcements and Reports
V. Public Comments
VI. Adoption of Minutes:
(1) Regular Meeting/Public Hearings of May 3, 2012
(2) Work Session and Executive Session of May 8, 2012
(3) Special Called Meeting of May 9, 2012
VII. Consent Agenda:
(1) Adoption of Resolution authorizing Affidavit concerning Executive Session of May 8, 2012.
(2) Adoption of Resolution in recognition of the Forsyth County 4-H Senior Horse Club Quiz Bowl Team - Commissioner Tam.
(3) Ratification of the following items that were discussed and unanimously approved at a Work Session held on May 8, 2012:
(A) Board approval to renew the Metro Ethernet Service Agreement with AT&T for the Information Systems & Technology Department Procurement Director.
(B) Board authorization to purchase 1,500 radio read water meters under existing pricing agreement Procurement Director
(C) Board acceptance of RFP 11-116-3340 for After Hours Answering Service for the Water Department Procurement Director.
(D) Board authorization to repair the house located on the Lanierland Park property in the amount of $45,000 with direction to the County Attorney to work with the County Manager to develop a lease agreement between Forsyth County and a deputy for the purpose of providing on-site security Deputy County Manager.
(E) Board acceptance of Settlement Agreement and Release between RBC Real Estate Finance, Inc. and Forsyth County regarding Post Preserve Subdivision soil erosion fine reductions - Director of Engineering/County Attorney.
(F) Board acceptance of Maloof/Funderburke Consent Final Order and Judgment and adoption of a Resolution approving a Compromise and Settlement of Pending Eminent Domain Litigation County Attorney.
VIII. Public Hearings:
None
IX. Old Business:
(1) Request by Ethan Underwood on behalf of D.R. Horton, Inc. for variances to the Forsyth County Unified Development Code (UDC), Table 11.2(b) to allow lots in Saybrook Subdivision to have side yard setbacks of five (5) feet with ten (10) feet between foundations and Chapter 18-2.4 and Chapter 18-4.5 to allow lots in Saybrook Subdivision to have a minimum lot width of 45 feet at the front building line VA120020 District #1 Director of Planning & Community Development.
(A Public Hearing was held 05/03/12 Decision was postponed to 05/17/12).
(2) Request approval of Sewer Reservation Agreement with M&N Properties for 1,576 gallons per day of sewer capacity Fowler WRF District #3 Director of Water & Sewer.
(This item was removed from the Table 05/03/12).
(3) Pending tie votes related to water contracts in need of final resolution: (County Attorney)
There was a motion by Commissioner Boff and a second by Commissioner Levent to not request the extension of the Raw & Finished Water Contracts between the City of Cumming and Forsyth County. Motion tied with two members in favor (Boff and Levent), two members in opposition (Bell and Tam) and one member recused (Amos).
(Vote was taken at the May 3, 2012 Regular/Public Hearings Meeting)
There was a motion by Commissioner Tam and a second by Commissioner Bell to send the spreadsheet to the City of Cumming as a binding counter offer and that this item be approved as time sensitive. Motion tied with two members in favor (Bell and Tam), two members in opposition (Boff and Levent) and one member recused (Amos).
(Vote was taken at the May 8, 2012 Work Session Meeting)
There was a motion by Commissioner Boff and a second by Commissioner Levent to have Tim Perkins work on this and come back when he is comfortable with the numbers and otherwise continue with the meeting. Motion tied with two members in favor (Boff and Levent), two members in opposition (Bell and Tam) and one member recused (Amos).
(Vote was taken at the May 8, 2012 Work Session Meeting)
There was a motion by Commissioner Boff and a second by Commissioner Levent to send the previous binding proposal (April 26, 2012 proposal which was contained in the May 8, 2012 agenda book) back to the City. Motion tied with two members in favor (Boff and Levent), two members in opposition (Bell and Tam) and one member recused (Amos).
(Vote was taken at the May 9, 2012 Special Called Meeting)
X. New Business:
(1) Rezoning request: (Director of Planning & Community Development)
(A) Jerry M. Ingram, ZA3589, A1 to CBD with variances to the Unified Development Code (UDC), Chapter 12, Table 12.2 to eliminate the 40 foot side yard buffer and to eliminate the 50 foot side yard setback along the northwest and west property line - District #1.
(2) Consideration of holding a June 7th Public Hearing regarding non-binding City/County proposal informally approved on May 9, 2012 County Attorney.
(3) City/County Annexation of Tax Map Parcel No. C40-019 County Attorney.
(Postponed from 05/08/12 Work Session Agenda).
XI. Recess Regular Meeting
XII. Executive Session if Needed
XIII. Adjournment
Chairman Boff recognized a quorum and called the meeting to order.
The Invocation and Pledge of Allegiance were given by Chairman Boff.
ADOPTION OF AGENDA
NEW BUSINESS
There was a motion by Commissioner Tam and a second by Commissioner Bell to add as new New Business, Item #2 (Consideration of approving as a binding offer the May 9, 2012 Raw & Finished Water proposal) as requested by the County Attorney.
Commissioner Amos, per a previous declaration, stands recused on this item.
Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member recused (Amos).
Note: The current Item #2 will become Item #3.
There was a motion by Commissioner Levent and a second by Commissioner Bell to adopt the agenda as amended. Motion carried unanimously.
UNDER ANNOUNCEMENTS AND REPORTS THE FOLLOWING ACTIONS WERE TAKEN:
Commissioner Tam read and presented a Resolution in recognition of the Forsyth County 4-H Senior Horse Club Quiz Bowl Team.
UNDER PUBLIC COMMENTS THE FOLLOWING PERSONS ADDRESSED THE BOARD:
Kirk Wintersteen
Kenneth MacMaster
Brad Carlton
Jack Gleason
UNDER ADOPTION OF MINUTES THE FOLLOWING ACTIONS WERE TAKEN:
Regular Meeting/Public Hearings of May 3, 2012
There was a motion by Commissioner Amos and a second by Commissioner Bell to adopt the minutes of the Regular Meeting/Public Hearings of May 3, 2012. Motion carried unanimously.
Work Session & Executive Session of May 8, 2012
There was a motion by Commissioner Bell and a second by Commissioner Amos to adopt the minutes of the Work Session & Executive Session of May 8, 2012. Motion carried unanimously.
Special Called Meeting of May 9, 2012
There was a motion by Commissioner Amos and a second by Commissioner Bell to adopt the minutes of the Special Called Meeting of May 9, 2012. Motion carried unanimously.
CONSENT AGENDA
There was a motion by Commissioner Levent and a second by Commissioner Tam to approve the Consent Agenda as follows:
Adoption of Resolution authorizing Affidavit concerning Executive Session of May 8, 2012.
Adoption of Resolution in recognition of the Forsyth County 4-H Senior Horse Club Quiz Bowl Team - Commissioner Tam.
Ratification of the following items that were discussed and unanimously approved at a Work Session held on May 8, 2012:
(A) Board approval to renew the Metro Ethernet Service Agreement with AT&T for the Information Systems & Technology Department Procurement Director.
(B) Board authorization to purchase 1,500 radio read water meters under existing pricing agreement Procurement Director
(C) Board acceptance of RFP 11-116-3340 for After Hours Answering Service for the Water Department Procurement Director.
(D) Board authorization to repair the house located on the Lanierland Park property in the amount of $45,000 with direction to the County Attorney to work with the County Manager to develop a lease agreement between Forsyth County and a deputy for the purpose of providing on-site security Deputy County Manager.
(E) Board acceptance of Settlement Agreement and Release between RBC Real Estate Finance, Inc. and Forsyth County regarding Post Preserve Subdivision soil erosion fine reductions - Director of Engineering/County Attorney.
(F) Board acceptance of Maloof/Funderburke Consent Final Order and Judgment and adoption of a Resolution approving a Compromise and Settlement of Pending Eminent Domain Litigation County Attorney.
Motion carried unanimously.
UNDER PUBLIC HEARINGS THE FOLLOWING ACTIONS WERE TAKEN:
None
UNDER OLD BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:
Request by Ethan Underwood on behalf of D.R. Horton, Inc. for variances to the Forsyth County Unified Development Code (UDC), Table 11.2(b) to allow lots in Saybrook Subdivision to have side yard setbacks of five (5) feet with ten (10) feet between foundations and Chapter 18-2.4 and Chapter 18-4.5 to allow lots in Saybrook Subdivision to have a minimum lot width of 45 feet at the front building line VA120020 District #1
There was a motion by Commissioner Amos and a second by Commissioner Tam to approve the request by Ethan Underwood on behalf of D.R. Horton, Inc. for variances to the Forsyth County Unified Development Code (UDC) VA120020 - as displayed which reads as follows:
1. A variance to UDC § 18-2.4 is granted to allow a minimum lot width of 45 feet at the front building line.
2. A variance to UDC § 18-4.5 is granted to allow a minimum lot width of 45 feet at the front building line.
3. A variance to UDC § 11-5.3 [and by reference Table 11.2(b)] is granted to allow side yard setbacks to be at least 5 feet, with a minimum of 10 feet between structures, conditioned upon the following:
Distance between Foundations: Required Building Materials:
≥ 20 feet General UDC regulations
< 20 feet 1 hour rated siding, doors, soffits, and fascia materials, plus openings must be offset or use 1 hour rated window casings and glass
<15 feet 1 hour rated siding, doors, soffits, and fascia materials, plus use 1 hour rated window casings and glass, irrespective of whether openings are offset
Motion carried unanimously.
Request approval of Sewer Reservation Agreement with M&N Properties for 1,576 gallons per day of sewer capacity Fowler WRF District #3
There was a motion by Commissioner Levent and a second by Commissioner Bell to approve the Sewer Reservation Agreement with M&N Properties, LLC for 1,576 gallons per day of sewer capacity (Fowler WRF). Motion carried unanimously.
Pending tie votes related to water contracts in need of final resolution as follows:
There was a motion by Commissioner Boff and a second by Commissioner Levent to not request the extension of the Raw & Finished Water Contracts between the City of Cumming and Forsyth County. Motion tied with two members in favor (Boff and Levent), two members in opposition (Bell and Tam) and one member recused (Amos).
(Vote was taken at the May 3, 2012 Regular/Public Hearings Meeting)
There was a motion by Commissioner Tam and a second by Commissioner Bell to send the spreadsheet to the City of Cumming as a binding counter offer and that this item be approved as time sensitive. Motion tied with two members in favor (Bell and Tam), two members in opposition (Boff and Levent) and one member recused (Amos).
(Vote was taken at the May 8, 2012 Work Session Meeting)
There was a motion by Commissioner Boff and a second by Commissioner Levent to have Tim Perkins work on this and come back when he is comfortable with the numbers and otherwise continue with the meeting. Motion tied with two members in favor (Boff and Levent), two members in opposition (Bell and Tam) and one member recused (Amos).
(Vote was taken at the May 8, 2012 Work Session Meeting)
There was a motion by Commissioner Boff and a second by Commissioner Levent to send the previous binding proposal (April 26, 2012 proposal which was contained in the May 8, 2012 agenda book) back to the City. Motion tied with two members in favor (Boff and Levent), two members in opposition (Bell and Tam) and one member recused (Amos).
(Vote was taken at the May 9, 2012 Special Called Meeting)
Commissioner Amos recused himself from the vote on this item.
There was a motion by Commissioner Tam and a second by Commissioner Bell to withdraw all motions set forth in Old Business, Item #3. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member recused (Amos).
UNDER NEW BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:
Jerry M. Ingram, ZA3589, A1 to CBD with variances to the Unified Development Code (UDC), Chapter 12, Table 12.2 to eliminate the 40 foot side yard buffer and to eliminate the 50 foot side yard setback along the northwest and west property line - District #1
There was a motion by Commissioner Amos and a second by Commissioner Bell to approve the rezoning request by Jerry M. Ingram, ZA3589, A1 to CBD with variances to the Unified Development Code (UDC) and with the conditions as displayed which read as follows:
Variances:
1. A variance is granted to eliminate the required 40 foot side yard buffer along the northwest and west property line (UDC Chapter 12, Table 12.2). Pursuant to the Unified Development Code, this variance will expire four years from the date of approval.
2. A variance is granted to eliminate the required 50 foot side yard setback along the northwest and west property line (UDC Chapter 12, Table 12.2). Pursuant to the Unified Development Code, this variance will expire four years from the date of approval.
Conditions:
1. The operation of an automobile service establishment shall be the only use approved for this site. Any changes to the acreage or use will require additional approval from the Forsyth County Board of Commissioners.
2. Developer shall upgrade to commercial driveway standards the existing drive entrance on Spot Road.
REVISION TO CONDITION #2:
2. Developer may be required to improve the existing entrance on Spot Road to commercial standards as determined by the Department of Engineering if the future use changes.
Motion carried unanimously.
There was a motion by Commissioner Tam and a second by Commissioner Bell to reconsider the previous motion. Motion carried unanimously.
There was a motion by Commissioner Amos and a second by Commissioner Bell to approve the rezoning request by Jerry M. Ingram, ZA3589, A1 to CBD with variances to the Unified Development Code (UDC), Chapter 12, Table 12.2 as displayed and with the conditions as displayed which read as follows:
Variances:
1. A variance is granted to eliminate the required 40 foot side yard buffer along the northwest and west property line (UDC Chapter 12, Table 12.2). Pursuant to the Unified Development Code, this variance will expire four years from the date of approval.
2. A variance is granted to eliminate the required 50 foot side yard setback along the northwest and west property line (UDC Chapter 12, Table 12.2). Pursuant to the Unified Development Code, this variance will expire four years from the date of approval.
Conditions:
1. The operation of an automobile service establishment shall be the only use approved for this site. Any changes to the acreage or use will require additional approval from the Forsyth County Board of Commissioners.
2. Developer shall upgrade to commercial driveway standards the existing drive entrance on Spot Road.
REVISION TO CONDITION #2:
2. Developer may be required to improve the existing entrance on Spot Road to commercial standards as determined by the Department of Engineering if the future use changes.
Motion carried unanimously.
Consideration of approving as a binding offer the May 9, 2012 Raw & Finished Water proposal
Commissioner Amos, per a previous declaration, stands recused on this item.
There was a motion by Commissioner Boff and a second by Commissioner Bell to approve the May 9th proposal for the raw and finished water contracts to the city of Cumming as a binding proposal and deliver it to the City with the following addition:
1. A mutually agreed upon stipulation in the agreement that Forsyth County has no obligation to pay Invoice Number 201201050719 and the invoice stands withdrawn.
Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member recused (Amos).
Consideration of holding a June 7th Public Hearing regarding non-binding City/County proposal informally approved on May 9, 2012
Commissioner Amos, per a previous declaration, stands recused on this item.
There was a motion by Commissioner Bell and a second by Commissioner Tam to withdraw this item. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member recused (Amos).
Commissioner Tam left the meeting.
City/County Annexation of Tax Map Parcel No. C40-019
There was a motion by Commissioner Amos and a second by Commissioner Bell to approve the annexation of Tax Map Parcel No. C40-019 with no objection.
Commissioner Tam returned to the meeting.
Motion carried unanimously.
There was a motion by Commissioner Bell and a second by Commissioner Levent to adjourn. Motion carried unanimously.
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Clerk/Deputy Clerk of Commission
The above and foregoing Minutes are hereby certified as being correct and ordered
recorded.
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JIM BOFF, CHAIRMAN
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PATRICK B. BELL, VICE CHAIRMAN
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TODD LEVENT, SECRETARY
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RALPH J. AMOS, MEMBER
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BRIAN R. TAM, 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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