5/9/2005 - Board of Commissioners Summary

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AGENDA
FORSYTH COUNTY BOARD OF COMMISSIONERS
MONDAY, MAY 9, 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; David Richard, Member.



Call Meeting to Order

Invocation and Pledge of Allegiance

Adoption of Agenda

Announcements and Reports:

(1) Commissioner Tam announced that he encourages anyone concerned about ZA# 1602 to contact him.

(2) Commissioner Laughinghouse announced the results for this year’s Great American Cleanup hosted by Keep Forsyth County Beautiful. This year had the highest number of adult and youth volunteers to date. For the month of April there were 129 adult volunteers, 328 youth volunteers, 141 bags of litter collected off of our County roads, 26 miles of road cleaned, 2 new roads adopted, which now totals 56 roads in the Adopt-a-Road Program, and another 582 storm drain markers were placed. Commissioner Laughinghouse expressed his appreciation to Keep Forsyth County Beautiful and the volunteers for their effort and the work that they have done.

(3) Commissioner Richard read and presented a Resolution of Recognition to Mitch Holland.

(4) Commissioner Ledbetter read and presented Resolutions of Recognition to the members of the 2005 Forsyth County Central High School Winter Guard and Drum Line.

(5) Commissioner Laughinghouse attended the Cancer Society’s Relay for Life Survivor Banquet on Friday night and there were a number of people participating in this event that made it a very worthwhile affair and the following Girl Scout Troups did a fantastic job: Junior Troup 3805, Brownie Troups 3868 and 3791, Girl Scouts 3836, 4105, 3125, 3782 and 3790. These young ladies were absolutely amazing to manage to keep a group of several hundred people well served, drinks refilled and they deserve a round of applause for the work that they did.

Public Comments – 1 spoke.

Adoption of Minutes:

(1) Regular Meeting and Executive Session of April 18, 2005. – Adopted.

Consent Agenda:

(1) Adoption of Resolution authorizing Affidavit concerning Executive Session of April 18, 2005. – Adopted.

(2) Adoption of Resolution in recognition of Mitch Holland for completing three-thousand sit-ups as a fundraiser for the American Cancer Society – Commissioner Richard. – Adopted.

(3) Authorization for the Director of Engineering to reprioritize SPLOST Funding for Road and Intersection Improvements by moving funds for Buford Dam Road and Pilgrim Mill Road into Years 2005 and 2006 and moving Construction Funding for Brookwood Road to Year 2007 – Commissioner Tam. – Adopted.

(4) Adoption of Tax Levy Resolution for Forsyth County Board of Education – Cory O. Kirby/Board of Education. – Adopted.

(5) Adoption of Indemnity Agreement with Wachovia National Bank – County Attorney. – Adopted.

(6) Adoption of Resolution amending the enabling legislation for the Board of Commissioners pertaining to meeting dates – County Attorney. – Adopted.

(7) Establish 25 MPH speed limit on Namon Wallace Drive (not Namon Wallace Road) from Bannister Road to Riley Road – District #4 - (Correction of previous action taken by Board of Commissioners on April 18, 2005) – Director of Engineering. – Adopted.

(8) Adoption of Resolution for Condemnation of property now or formerly owned by Andy Stiles and Janice Stiles for Majors Road Project – County Attorney. – Adopted.

(9) Adoption of Beazer-Forsyth County Agreement – County Attorney. – Adopted.

(10) Adoption of Resolution in recognition of the 2005 Forsyth County Central High School Winter Guard and Drum Line – Commissioner Ledbetter. – Adopted.

(11) Request to approve the addition of a part-time Administrative Specialist (0101) position, Grade 7, and approval of additional funds in the amount of $3,100.00 to the 2005 budget for Cost Center 1235 (Probate Court) – Director of Human Resources. – Adopted.

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 – County Manager.
(Postponed from April 18, 2005 Agenda). – Approved.

(2) 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 from April 18, 2005 Agenda). – Postponed to 06/02/05.

(3) Third reading of proposed amendment to Ordinance #79 (Fire Prevention Ordinance) – County Attorney.
(Public Hearings held February 17, 2005 and March 21, 2005) – Public Hearing held - Postponed decision to 06/02/05. Also will be discussed at a future Work Session prior to 06/02/05.

(4) Larry and Kathy Kennemore, ZA# 2944, A1 to HB – District #3 – Director of Planning & Development.
(Postponed from 01/24/05, 01/31/05, 03/21/05 and 04/18/05 Agendas).
(APPLICANT HAS REQUESTED THIS ITEM BE TABLED). – TABLED.

(5) Request by Elliott Smith on behalf of Greg Majors regarding the denial of a variance on AB# 05-165 – Denied by the Appeals Board on March 1, 2005 (District #2) – Director of Planning & Development. – Approved.

(6) Request by Eric Liu to amend zoning conditions placed on ZA# 1602 – District #2 – Director of Planning & Development. – Postponed to 06/02/05.

(7) Request by Swiss Air Partners, LLC to amend zoning conditions placed on ZA# 2020 (Kotlanta Enterprise, Inc). – District #4 – Director of Planning & Development. – Approved.

(8) Request by Marion Morrison to amend zoning conditions placed on ZA# 2758 (ISI Commercial, LLC) and variance to UDC, Table 11.2(a) – District #4 – Director of Planning & Development. – Approved.

Old Business:

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 03/28/05 and 04/18/05 Agendas). – Postponed to 05/23/05.

(B) Bellamy & Griffin Partnership, ZA# 2991, A1 to CBD with a variance to setback requirements – District #5.
(Postponed from 04/18/05 Agenda). – TABLED.

(C) Cousins Properties Incorporated, ZA# 3047, A1 to CBD with a variance to reduce setback and buffer requirements – District #2.
(Postponed from 04/18/05 Agenda). – Approved with conditions.

(D) Roberts Commercial Real Estate, ZA# 3051, A1 to CBD – District #4.
(Postponed from 04/18/05 Agenda). - Approved with conditions.

(E) Al Bathaei, ZA# 3054, R1 to CBD with a variance to buffer and setback requirements – District #3.
(Postponed from 04/18/05 Agenda). – Approved with conditions.

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 from 04/18/05 Agenda). – Approved.



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 April 18, 2005). – Approved.

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 April 18, 2005). – Approved.

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 and April 18, 2005 Agendas).
(APPLICANT HAS REQUESTED WITHDRAWAL). – WITHDRAWN.

New Business:

(1) Request for a Public Hearing by Perre Edwards and John Bass regarding the denial of a variance on AB# 05-174, denied by the Appeals Board on April 5, 2005 – District #5 –Director of Planning & Development. – Approved for a Public Hearing.

(2) Approval of Site Plan for Accessory Use for Parkway Presbyterian Church per the Unified Development Code (UDC), Chapter 1-4.5 (District #3) – Director of Planning & Development. – Approved.

(3) Approval of award for an additional SPLOST Project Manager – Procurement Director. – No action taken – to be discussed at a future Work Session

(4) Acceptance/rejection of Bid # 05-19-2410 for the purchase of air paks and accessories for the Fire Department – Procurement Director. – Approved.

(5) Acceptance/rejection of Bid #05-20-2410 for the purchase of thirty-five (35) automated external defibrillators for emergency medical treatment by Fire Department staff – Procurement Director. – Approved.

(6) Acceptance/rejection of Bid #05-20-2410 for the purchase of two (2) monitor defibrillator units to aid Fire Department in emergency medical treatment – Procurement Director. – Approved.

(7) Acceptance/rejection of Bid #05-21-2410 for the purchase of miscellaneous auto extrication tools and equipment for the Fire Department – Procurement Director. – Approved.

(8) Acceptance/rejection of RFP #05-22-3330, for fire hydrant inspection and GPS locating of fire hydrants – Procurement Director. – Postponed to 06/02/05 and to be discussed at a Work Session prior to 06/02/05.

(9) Acceptance/rejection of Bid #05-33-3150, for the resurfacing of various Forsyth County roads – Procurement Director. – Approved.

(10) Approval of RFP #05-31-1550 for a Salary Survey – Procurement Director. – Approved.

(11) Adoption of Agreement for Reserve Sewer Capacity with Marsett 400, LLC – Director of Water & Sewer. – Postponed to 05/23/05.

(12) Discussion and approval to purchase additional sewer capacity from the City of Cumming – Director of Water & Sewer. – Postponed to 05/23/05.

(13) Motion to remove from Table the “Etowah Watershed Assessment Project” with the U. S. Department of Army Corps of Engineers with presentation of additional information from the Water and Sewer Department – Director of Water & Sewer. – Removed from the Table and will be placed on the 05/23/05 Agenda for consideration.

(14) Request by Charlotte and Marcus Satterfield to allow the City of Cumming to serve their property located at 423 Old Atlanta Road with water and sewer – Director of Water & Sewer. – Approved.

Public Comments – 1 spoke.

Recess Regular Meeting

Executive Session if Needed

Adjournment




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Cumming GA 30040
FORSYTH COUNTY GOVERNMENTPhone: 770-781-2101
Fax: 770-781-2199