4/18/2005 - Board of Commissioners Summary

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AGENDA
FORSYTH COUNTY BOARD OF COMMISSIONERS
MONDAY, APRIL 18, 2005 @ 5:00 P.M.
FORSYTH COUNTY ADMINISTRATION BUILDING
110 EAST MAIN STREET - SUITE 220
CUMMING, GEORGIA 30040

MEMBERS PRESENT:
Jack Conway, Chairman; Brian Tam, Vice Chairman; Linda Ledbetter, Secretary; Charles Laughinghouse, Member.

MEMBER ABSENT:
David Richard, Member.


Call Meeting to Order

Invocation and Pledge of Allegiance

Adoption of Agenda – Adopted with changes.

Announcements and Reports:

(1) Commissioner Laughinghouse announced that he and his wife, Becky, are celebrating their 43rd wedding anniversary today.

(2) Commissioner Laughinghouse announced that there will be a 2005 Liberty Gardens Ceremony (in memory of those who were lost September 11, 2001) at Central Park Recreation Center on Friday, April 22nd at 11:15 a.m. Jim Perdue will be speaking – everyone is invited to attend.

(3) Keep Forsyth County Beautiful held an electronic recycling event last Saturday and raised $1,985.

(4) The Relay for Life Survivors Walk for the American Cancer Society will be held on Friday, May 13th at the Cumming Fairgrounds.

(5) Chairman Conway presented to Judge Bagley and Kevin McDonough a Proclamation proclaiming May 10, 2005 as Law Day in Forsyth County.

V. Public Comments – 3 spoke.




VI. Adoption of Minutes:

(1) Regular Meeting and Executive Session of March 28, 2005. – Adopted.

(2) Called Meeting/Work Session of April 4, 2005. – Adopted.

(3) Regular Meeting and Executive Session of April 4, 2005. – Adopted.

VII. Consent Agenda:

(1) Adoption of Resolutions authorizing Affidavits concerning Executive Sessions of March 28, 2005 and April 4, 2005. – Adopted.

(2) Adoption of Proclamation proclaiming May 10, 2005 as Law Day – Chairman Conway. – Adopted.

(3) Approval of Settlement Agreement between Utilities, Inc., Riverside Homebuilders, Riverbrooke Capital Partners and Forsyth County – County Attorney. – Approved.

(4) Adoption of Employment Agreement for Forsyth County Manager – County Attorney. – Adopted.

(5) Adoption of Resolution and Order for Disposition of Unserviceable Property (1988 Ford F-800 Diesel Fire Engine) – County Attorney. – Adopted.

(6) Adoption of the Renewed Indigent Defense Resolution, which allows Forsyth County to opt-out of the State-wide Circuit Public Defender program – County Attorney. – Adopted.

(7) Approval of reclassification of position 015-006 Office Associate, Grade 4, to classification of Administrative Technician (0107), Grade 6, in Cost Center 1517 – Director of Human Resources. – Approved.

(8) Approval of reorganization to the Human Resources Department, Cost Center 1550 – Director of Human Resources. – Approved.

(9) Adoption of FY 2006 Local Share Commitment Letter between Legacy Link, Inc. and Forsyth County in the amount of $5,450.00 – Interim County Manager. – Adopted.

(10) Approval to design and install reuse water lines at Sharon Springs Park (as discussed at the Called Meeting/Work Session on March 14, 2005) – Director of Water & Sewer. – Approved.

(11) Authorize transmittal of draft contract to the Board of Education for the purchase of land at the South Forsyth High School for a Sheriff’s Precinct – Jay DiPasquale, Senior Planner. – Approved.

(12) Approval of the Edward Byrne Justice Assistance Grant to establish a Cyber Crime Unit within the Sheriff’s Office (the Grant is a 75%/25% Grant with $60,906 Federal money and $20,303 local required) – Sheriff Paxton. – Approved.

(13) Establish 25 m.p.h. speed limit on Namon Wallace Road from Bannister Road to Riley Road (District #4) – Director of Engineering. – Approved.

(14) Acceptance of right-of-way as a County maintained road and initiation of 18 month maintenance period for Kendalls Way in Heritage Place with a speed limit of 25 m.p.h. (District #4) – Director of Engineering. – Approved.

(15) Acceptance of right-of-way as a County maintained road and initiation of 18 month maintenance period for Thorntree Court and Tullamore Way in Tullamore with a speed limit of 25 m.p.h. (District #2) – Director of Engineering. – Approved.

(16) Acceptance of right-of-way as a County maintained road and initiation of 18 month maintenance period for Cascading Creek Court in Cascading Creek with a speed limit of 20 m.p.h. (District #1) – Director of Engineering. – Approved.

(17) Acceptance of right-of-way as a County maintained road and initiation of 18 month maintenance period for Olivia Court (50’ R/W) and The Commons Drive (R/W Varies) in Old Atlanta Commons with a speed limit of 25 m.p.h. (District #2) – Director of Engineering. – Approved.

(18) Acceptance of right-of-way as a County maintained road and initiation of 18 month maintenance period for Lullwater Road (R/W Varies), Cross Gate Street (R/W Varies), Wesley Hughes Road (R/W 44’), Low Country Road (R/W 44’), Meeting House Road (R/W Varies), Berkley Road (R/W 49’) and Five Oaks Road (R/W 49’) in Vickery Phase 2B with a speed limit of 20 m.p.h. (District 3) – Director of Engineering. – Approved.

(19) Acceptance of right-of-way as a County maintained road and initiation of 18 month maintenance period for Vickery Creek Road (R/W 37’), Eli Downs Road (R/W 49’), Will Allen Road (R/W 49’), Lullwater Road (R/W 44’), Center Grove Street (R/W 49’) and Cross Gate Street (R/W 36’) in Vickery Phase 2A with a speed limit of 20 m.p.h. (District #3) – Director of Engineering. – Approved.

(20) Acceptance of right-of-way as a County maintained road and initiation of 18 month maintenance period for Grosmont Place, Gunnesbury Court, Grange Hill Way and Windermere Crossing in Windermere Pod G3 with a speed limit of 25 m.p.h. (District #5) – Director of Engineering. – Approved.

(21) Acceptance of right-of-way as a County maintained road and initiation of 18 month maintenance period of Bond Street in Vickery Phase 3C with a speed limit of 20 m.p.h. (District #3) – Director of Engineering. – Approved.

(22) Approval of award for consultant services to conduct a Livable Center Initiative (LCI) study – Procurement Director. – Approved.

(23) Request approval to apply for the Edward Byrne Memorial Justice Assistance Grant (JAG) – Interim County Manager. – Approved.

VIII. Public Hearings:

(1) Request by Clipper Petroleum, Inc. dba Circle M Food Store #39, Named Licensee is Charles Steven Hall, application to sell Malt Beverages (Beer & Wine by the Package) – District #4 – Interim County Manager. – Postponed to 5/9/05.

(2) Abandonment of Sutherlin Circle located in Eagles Landing, Land Lot 1186 of the First District, First Section of Forsyth County (District #4) – Director of Engineering. – Approved.

(3) Possible settlement of a zoning lawsuit, Pillar Development, Inc. v. Forsyth County, et.al., Forsyth County Superior Court No. 04-CV-2314, arising out of zoning action numbers 2946 and 2947, involving 18.623 and 21 acres, respectively – County Attorney. – Postponed to 5/9/05.

(4) Request by Eugene Pugh regarding the denial of a front yard variance on AB# 04-159 – Denied by the Appeals Board on February 1, 2005 – (District #4) – Director of Planning & Development. – Public Hearing held – decision postponed to 5/9/05.

(5) Request by Pulte Homes to amend zoning conditions placed on ZA# 2780 (Tabas, LLLP) – District #3 – Director of Planning & Development. – Approved.

(6) Request by Don Hairston, Sr. on behalf of Conservation Land Developers, Ltd. to amend zoning conditions placed on ZA# 2529 (Value Homes Ltd.) and variance to UDC, Chapter 11, Table 11.2 (a) – District #4 – Director of Planning & Development. – Public Hearing held – decision postponed to 5/9/05.

(7) Kelly’s Crossing, LLC, ZA# 3005, A1 to RES-3 with a variance to density requirements (District #3) – Director of Planning & Development. – Approved with conditions.

(8) Larry and Kathy Kennemore, ZA# 2944, A1 to HB – District #3 – Director of Planning & Development.
(Postponed from 01/24/05, 01/31/05 and 03/21/05 Agendas). – Postponed to 5/9/05.

(9) Request by Elliott Smith on behalf of The Meadows Hotel Venture, LLC regarding the denial of a buffer and impervious surface variance on AB# 04-154 - Denied by the Appeals Board on December 7, 2004 – (District #2) – Director of Planning & Development).
(Postponed from 02/17/05 and 03/21/05 Agendas). – Approved with conditions.

IX. Old Business:

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

(A) Corporate Auto Brokers, Inc., CUP# 04-069, issuance of a Conditional Use Permit for the purpose of a heliport on property currently zoned CBD – District #5.
(Postponed from March 28, 2005 Agenda). – Postponed to 5/9/05.

(2) Request by Zbigniew Kulikowski to amend zoning conditions placed on ZA# 2361 (June Hix) – District #5 - Director of Planning & Development.
(Public Hearing held March 21, 2005). – Postponed to 5/9/05.




(3) Request for a Public Hearing by Elliott Smith on behalf of Eamonn Foley regarding the denial of a variance on AB# 05-166 – Denied by the Appeals Board on March 1, 2005 (District #5) – Director of Planning & Development.
(Postponed from March 28, 2005 Agenda). – Postponed to 5/9/05.

X. New Business:

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

(A) Locks Inn, Inc., CUP# 05-070, issuance of a Conditional Use Permit for the purpose of an on-site resident manager on property currently zoned CBD – District #5. – Approved.

(B) Kenneth Layman, CUP# 05-071, issuance of a Conditional Use Permit for the purpose of an open-air boat and recreational vehicle storage on property currently zoned CBD – District #5. – Approved.

(C) Bellamy & Griffin Partnership, ZA# 2991, A1 to CBD with a variance to setback requirements – District #5. – Postponed to 5/9/05.

(D) Homecraft Design, ZA# 3008, A1/A2 to MPD – District #4. – Approved with conditions.

(E) Morrison Homes, Inc., ZA# 3037, A1 to RES-3 – District #5. – Approved with conditions.

(F) Piedmont Properties, Inc., ZA# 3040, A1/UV to RES-6 with a variance to setback requirements – District #1. – Approved with conditions.

(G) Vladimir Calderon, ZA# 3042, A1 to RES-3 with a variance to reduce density requirements – District #2. – Approved with conditions.

(H) Eastbrooke Properties, ZA# 3044, A1 to RES-3 with a variance to density requirements – District #3. – Approved with conditions.

(I) Cousins Properties Incorporated, ZA# 3047, A1 to CBD with a variance to reduce setback and buffer requirements – District #2. – Postponed to 5/9/05.

(J) Grace Therapy Services, Inc., ZA# 3048, A1 to CBD – District #4. – Postponed to 5/23/05.

(K) Roberts Commercial Real Estate, ZA# 3051, A1 to CBD – District #4. – Postponed to 5/9/05.

(L) Al Bathaei, ZA# 3054, R1 to CBD with a variance to buffer and setback requirements – District #3. – Postponed to 5/9/05.

(M) Piedmont Properties, Inc., ZA# 3063, A1/R2/UV to CBD with a variance to setback and buffer requirements – District #1. – Moved to follow “F” on Agenda – Approved with conditions.

XI. Public Comments

XII. Recess Regular Meeting

XIII. Executive Session if Needed

XIV. Adjournment




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FORSYTH COUNTY GOVERNMENTPhone: 770-781-2101
Fax: 770-781-2199