7/27/2005 - Board of Commissioners Regular Meeting

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770.781.2101
Fax: 770.781.2199
AGENDA
FORSYTH COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, JULY 27, 2005 @ 5:00 P.M.
FORSYTH COUNTY ADMINISTRATION BUILDING
110 EAST MAIN STREET - SUITE 220
CUMMING, GEORGIA 30040



Call Meeting to Order

Invocation and Pledge of Allegiance

Adoption of Agenda

Announcements and Reports

Public Comments

Adoption of Minutes:

(1) Regular Meeting and Executive Session of July 7, 2005.

Consent Agenda:

(1) Adoption of Resolution authorizing Affidavit concerning Executive Session of July 7, 2005.

(2) Adoption of Resolution in recognition of Robert B. Shepherd for his years of service on the Library Board – Commissioner Ledbetter.

(3) Adoption of Resolution in recognition of Phill Bettis for his years of service on the Library Board – Chairman Conway.

(4) Adoption of Resolution expressing the Board’s disapproval of the recent United States Supreme Court’s decision, Kelo v. City of New London – Commissioner Laughinghouse.

(5) Acceptance of the following contracts on projects previously approved on June 16, 2005: (Procurement Director)

(A) John D. Stephens, Inc., 05-48-3340, Gravity Sewer at Middle Settingdown Creek, Lower Squattingdown Creek.

(B) John D. Stephens, Inc., 05-47-3340, Force Main at Old Federal Road.

(C) L. C. Whitford Company, 05-42-3150, Majors Road II.

(D) Heavy Constructor, Inc., 05-46-3340, Middle Settingdown Creek Pump Station.

(6) Adoption of Resolution for Condemnation of property now or formerly owned by Daniel Enterprises for Majors Road Project – Director of Engineering.

(7) Request for authorization to begin advertising for modification to the Forsyth County Stormwater Addendum – County Attorney.

(8) Adoption of Resolution for Condemnation of property now or formerly owned by Joseph A. Martino for Lower Etowah Force Main Project – Director of Water & Sewer.

(9) Approval of letter to Phil Smith to sell sewer capacity – Director of Water & Sewer.

(10) Approval of a Cost Share Agreement with KAG Properties, LLC/William McBrayer and authorization for design of the Starr Creek gravity sewer outfall at an estimated cost of $82,000 – Director of Water & Sewer.

(11) Authorization to dispose of surplus VHF 911 radios to other Counties/Municipalities Public Safety Departments – Procurement Director.

(12) Approval of emergency purchase of upgrade and additional licenses for Firehouse software – Procurement Director.

(13) Approval of Resolution relating to specified court system and non-civil service staff to encompass: (Director of Human Resources)

(A) Removal of positions from the County system and procedures.

(B) Elected official and judge to determine salaries within confines of budget and applicable law.

(14) Approval of Service Agreement between Forsyth County and MetroPCS for Phase I E-911 Cost Recovery – County Attorney.

(15) Adoption of Nutrition Program Contract for FY 2006 (July 1, 2005 to June 30, 2006) between Forsyth County and The Legacy Link, Inc. – County Manager/Senior Center Director.

(16) Ratification of Agreement to purchase the Sawnee Cultural Arts Center and surrounding acreage – County Manager.

(17) Approval of Vanns Tavern Community, LLC Conservation Easement – County Attorney.

(18) Adoption of Resolution applauding the efforts of Beazer Homes, the Forsyth County School Board and Forsyth County Officials in the Buice property transaction – Commissioner Tam.

Old Business:

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

(A) Manobar of Georgia, Inc., ZA# 3073, R1 to CBD with a variance to the impervious setback – District #3. - (Postponed from May 23, 2005 and June 16, 2005 Agendas). -
Chairman Conway has requested postponement to 08/18/05.

(B) Apple Properties, L.L.C., CUP# 05-073, issuance of a Conditional Use Permit for the purpose of a heliport on property currently zoned M1 – District #5. - (Postponed from June 16, 2005 Agenda).
Applicant has requested postponement to 08/18/05.

(C) John Jamont, ZA# 3067, A1 to CBD with a variance to buffer and setback requirements – District #5. - (Postponed from June 16, 2005 Agenda).
Applicant has requested postponement to 08/18/05.

(D) Grant Grimes, ZA# 3083, A1 to RES-6 – District #2. (Postponed from June 16, 2005 Agenda).

New Business:

(1) Acceptance/rejection of RFP #05-58-1620 for purchase and installation of above ground diesel fuel tanks at four (4) Fire Stations – Procurement Director.

(2) Acceptance/rejection of Bid #05-59-3340 for the construction of the Lower Etowah River Force Main – Procurement Director.

(3) Acceptance/rejection of Bid #05-60-3340 for installation of the Lower Etowah River Pump Station – Procurement Director.

(4) Acceptance/rejection of RFP #05-44-2220 for Electronic Full Hand Live Scan System – Procurement Director.

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

(A) Greenstone Properties, Inc., ZA# 3050, A1 to CBD with a variance to buffer and setback requirements – District #3.
(Chairman Conway has requested postponement to 08/18/05).

(B) Eastbrooke Properties, LLC, ZA# 3056, A1 to RES-3 – District #1.

(C) John Cowart Properties, Inc., ZA# 3062, A1 to RES-3 with a variance to density requirements – District #4.

(D) Peachtree Parkway/Commonwealth Trail, LLC, ZA# 3068, R1 to CBD – District #2.

(E) Thomas D. Sims, ZA# 3069, A1 to CBD – District #1.

(F) Heshmat Yasavolian, ZA# 3071, R1 to NS with a Conditional Use Permit to allow a drive-thru and a variance to allow parking within ten (10) foot landscape strip, a variance to allow buffer to be graded and replanted and variance to the required number of parking spaces – District #3.
(Chairman Conway has requested postponement to 08/18/05).

(G) Trip Trezevant, ZA# 3074, R1 to CBD with a variance to buffer requirements – District #2.

(H) First Standard Construction Co. of Georgia, Inc., ZA# 3078, R2R to RES-3 – District #3.
(Chairman Conway has requested postponement to 08/18/05).

(I) Lindaman Properties, LLC, ZA# 3084, A1 to NS with a variance to the parking density requirements and the buffer requirements – District #2.



(J) Eubanks Construction Co., Inc., ZA# 3088, A1 to RES-2 – District #1.

(K) Carson Developments, Inc., ZA# 3091, A1 to RES-6 – District #2.

(L) Don Rogers, ZA# 3092, A1 to RES-2 – District #4.

(M) Bowen Family Homes, ZA# 3093, A1/M1 to RES-3 with a variance to setback requirements – District #3.
(Chairman Conway has requested postponement to 08/18/05).

(N) Ray Big Sky Properties, LLC, ZA# 3099, A1 to O&I with a variance to buffer requirements and to increase the square footage of the building – District #2.

(O) Robert P. Murphy, The Paradise Group, ZA# 3100, A1/NS/CBD to CBD with a variance to buffer requirements – District #5.

(P) Edge City Properties, Inc., ZA# 3103, A1 to RES-3 with a variance to setback requirements – District #3.
(Chairman Conway has requested postponement to 08/18/05).

(Q) MRW Enterprises, LLC, ZA# 3104, R1 to M1 with a variance to setback and buffer requirements – District #1.

(R) Jimmerson, Inc., ZA# 3106, A1 to CBD with a Conditional Use Permit for outside storage and a variance to the buffer requirements – District #3.
(Chairman Conway has requested postponement to 08/18/05).

(6) Adoption of Millage Rate – County Manager.

(7) Approval of a Sewer Reservation Agreement with the Ackerman Company for 600 +/- lots off of Old Federal Road – Director of Water & Sewer.

(8) Approval and execution of the Department of Transportation Right-of-Way Agreement for improvement of 1.798 miles of grade, drain, base and paving with curb and gutter + sidewalk (including two new traffic signals) on Market Place Boulevard Extension designated as Project No. PR000-S008-00(201) – Director of Engineering.



(9) Approval and execution of Contract PR000-S008-00(201) with Georgia Department of Transportation for grading, drainage, base and plant mix paving with curb and gutter on Market Place Extension – Director of Engineering.

Public Comments

Recess Regular Meeting

Executive Session if Needed

Adjournment








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110 East Main Street
Cumming GA 30040
FORSYTH COUNTY GOVERNMENTPhone: 770-781-2101
Fax: 770-781-2199