9/1/2005 - Board of Commissioners Summary

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AGENDA
FORSYTH COUNTY BOARD OF COMMISSIONERS
THURSDAY, SEPTEMBER 1, 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; David Richard, Member; Charles Laughinghouse, Member.




Call Meeting to Order

Invocation and Pledge of Allegiance

Adoption of Agenda – Adopted with changes.

Announcements and Reports

(1) Commissioner Richard announced that at the October 6, 2005 meeting he plans to move for rescission of the decision that was taken by the Board at the last meeting on ZA# 3101.

(2) Commissioner Laughinghouse announced that the Tree Canopy Study is complete and a Press Conference was held on Tuesday, the 30th where the report was released and the software package with the data was turned over to our Planning & Development Department for their future use in trying to track tree canopy. Commissioner Laughinghouse passed out a copy of the Study to each Commissioner.

(3) Chairman Conway announced that the City of New Orleans has reached out to the State of Georgia to assist in fighting the many fires in their city. They have requested 1,000 firefighters. DeKalb County has offered to send six (6) of their people and after checking with our Fire Chief as to how many firefighters we could send and still keep the County safe, the Fire Chief has agreed to send six (6) of our firefighters at our cost. They will be leaving within the next 72 hours and will be taking with them a Zodiac boat, a six (6) passenger vehicle and all of their gear.




(4) Commissioner Tam introduced Coach Wade Wilcox, who was unanimously appointed by the Board at their last meeting to the Parks & Recreation Board. He is married to Susan and has three (3) children, Wesley, Griffin and Katie. He serves in many volunteer capacities and is a member of the Leadership Forsyth Class of 2006. We welcome Coach Wilcox to the Parks & Recreation Board and thank him for his commitment to this position.

(5) Commissioner Tam also announced that seated in the audience for the first time was his wife, Kelly and his three (3) children, Robert, Dorothy and Renee.

Public Comments – 2 spoke.

Adoption of Minutes:

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

Consent Agenda:

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

(2) Approval of new classification and position of Assistant County Engineer, Grade 26, Cost Center 3150 (Engineering) – funds are available in the 2005 Budget for Cost Center 3150 – Director of Human Resources. – Approved.

(3) Review and approval of Forsyth County’s 2006 Road Resurfacing Priority List for D.O.T.’s review and consideration of funding through the Local Assistance Road Program (LARP) – Director of Engineering. – Approved.

(4) Approval to install a multi-way stop at the intersection of Polo Drive and Meadowbrook Court at the request of the Polo Fields Homeowner’s Association (District #3) – Director of Engineering. – Approved.

(5) Approval to establish 25 m.p.h. speed limit on Era Road, Era Drive and Daylon Drive (District #1) – Director of Engineering. – Approved.




(6) Acceptance of right-of-way as a County maintained road and initiation of 18 month maintenance period for Stonehaven View, Carrington Place, Sterling Court, Bentley Way and Ellington Court in Stonehaven Pointe, Phase 1, Unit 2 with a speed limit of 25 m.p.h. (District #3) – Director of Engineering. – Approved.

(7) Acceptance of right-of-way as a County maintained road and initiation of 18 month maintenance period for Steel Magnolia Court and Wild Magnolia Lane in Magnolia Creek, Phase 2 with a speed limit of 25 m.p.h. (District #4) – Director of Engineering. – Postponed to the next Consent Agenda pending successful coring tests.

(8) Acceptance of right-of-way as a County maintained road and initiation of 18 month maintenance period for Centerglen Lane and Wynbrook Bend in Ansley @ Pilgrim Mill, Phase 2A with a speed limit of 25 m.p.h. (District #5) – Director of Engineering. – Postponed to the next Consent Agenda pending successful coring tests.

(9) Acceptance of right-of-way as a County maintained road and initiation of 18 month maintenance period for Centerwood Lane, Richfield Place and Englewood Drive in Ansley @ Pilgrim Mill, Phase 1A with a speed limit of 25 m.p.h. (District #5) – Director of Engineering. – Postponed to the next Consent Agenda pending successful coring tests.

(10) Acceptance of right-of-way as a County maintained road and initiation of 18 month maintenance period for Bridgetowne Drive (50’ r/w), Holliwell Pass (55’ r/w), Cutler-Donahoe Way (55’ r/w), New Salem Court (55’ r/w) and Kesler Court (50’ r/w) in Bridgetowne, Unit 1-B with a speed limit of 25 m.p.h. (District #4) – Director of Engineering. – Postponed to the next Consent Agenda pending successful coring tests.

(11) Approval and execution of Project Agreement #CCSTP-0006-00(919) between the Department of Transportation and Forsyth County for Bike/Ped Facility on James Burgess Road from Old Atlanta Road to River Mist Drive – Director of Engineering. – Approved.

(12) Approval and execution of Project Agreement #CCSTP-0006-00(920) between the Department of Transportation and Forsyth County for Big Creek Greenway Extension Bike/Ped Facility – Director of Engineering. – Approved.




(13) Approval of Addenda to Lease Agreements with SBA Properties, Inc. with respect to property located at 4125 Dr. Bramblett Road, Cumming, Georgia 30040-9128 – County Attorney. – MOVED TO NEW BUSINESS #11. – Approved.

(14) Approval of a Resolution requesting that the General Assembly create a Forsyth County Public Facilities Authority subject to certain limitations, including the inability of the Facility to issue revenue bonds for a courthouse or jail, and also including approval of a proposed Public Facilities “Act” for adoption by the General Assembly – County Attorney. – Approved.

(15) Rejection of Bid #05-76-2210 for the purchase of a Dodge Charger for the Sheriff’s Office – Procurement Director. – Approved.

(16) Authorization to provide interim funds for coring of subdivision roads prior to acceptance of dedication by Forsyth County and to authorize modification of the UDC to obligate developers to fund coring – Director of Engineering/County Attorney. – Approved.

(17) Adoption of Millage Rate – County Manager. – Approved.

(18) Authorization for the Director of Engineering to reprioritize SPLOST construction funding for road improvements by moving funds for Castleberry Road and Brookwood Road to year 2008 - County Manager. – Approved.

(19) Approval of Recycling Center at Coal Mountain Park – Director of Engineering/Grants Administrator. – Approved.

Public Hearings:

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

(A) Mully’s Inc., dba Moe’s, Named Licensee is Brett Alan Wright, application to sell Malt Beverages (Beer) and Wine for Consumption on the Premises – District #5. – Approved.

(B) Target Store T2056, Named Licensee is Brian David Everett, application to sell Malt Beverages (Beer) and Wine by the Package - District #2. – Approved.

(2) Abandonment of Tom Wallace Drive, Land Lot 966, Second District, First Section (District #3) – Director of Engineering. (Postponed from 08/04/05 Agenda). – Approved.

(3) Second reading of update and amendment to Designated Truck Routes as referenced in Ordinance #89 (Truck Routes Ordinance) – Director of Engineering. – Public Hearing held – Postponed to next Work Session which is scheduled for 09/13/05.

(4) Second reading of proposed Turn Lanes, Driveway and Encroachment Control Ordinance – County Attorney. – Public Hearing held – Postponed decision to 09/15/05 Agenda.

(5) Second reading of proposed amendment to Ordinance #68 (Alcohol Ordinance) – County Attorney. – Approved.

(6) First reading of proposed modifications to the Forsyth County Stormwater Addendum – County Attorney. – Second reading to be held 10/06/05.

(7) Request by Eric Liu to amend zoning conditions placed on ZA# 1602 – District #2 – Director of Planning & Development.
(Postponed from 05/09/05; 06/02/05; 07/07/05 and 08/04/05 Agendas).
(Applicant has requested postponement to October 6, 2005). – Postponed to 10/06/05.

(8) Request by McCar Homes to amend zoning conditions placed on ZA# 2776 (PEC Development Group, Inc.) – District #3 – Director of Planning & Development.
(Postponed from 07/07/05 and 08/04/05 Agendas) – Public Hearing held - Motion to approve failed. Commissioner Tam made a motion to reconsider the decision by the Board and place this item on the next Work Session, which is scheduled for 09/13/05.

(9) Request by JLV Properties, Inc. to amend zoning conditions placed on ZA# 3027 – District #2 – Director of Planning & Development.
(Postponed from 07/07/05 and 08/04/05 Agendas). – Approved.

(10) Request by Parker Chandler Homes, Inc. to amend zoning conditions placed on ZA# 2829 (Bryan Westbrook) – District #3 – Director of Planning & Development.
(Postponed from 08/04/05 Agenda). – Approved.


(11) Request from Autumn Group Properties, Inc. to amend zoning conditions placed on ZA# 776 (Habersham Boat House, Inc.), Site Plan approval and variance to UDC, Chapter 16-4.8 (District #5) – Director of Planning & Development.
(Applicant has requested postponement to October 6, 2005). – Postponed to 10/06/05.

IX. Old Business:

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

(A) Highwoods Realty, L.P., ZA# 3020, M1 to RES-6 – District #3. (Postponed from 05/23/05; 06/16/05 and 08/18/05 Agendas). – Approved with conditions.

(B) Highwoods Realty, L.P., ZA# 3021, M1 to RES-3 – District #3. (Postponed from 05/23/05; 06/16/05 and 08/18/05 Agendas). – Approved with conditions.

(C) First Standard Construction Co. of Georgia, Inc., ZA# 3078, R2R to RES-3 – District #3.
(Postponed from 07/27/05 and 08/18/05 Agenda). – Approved with conditions.

X. New Business:

(1) Appointment/reappointment of member to the Appeals Board for District #1 (the term of John Mobley has expired) – County Manager. – Reappointed John Mobley.

(2) Appointment/reappointment of member to the Family & Children Services Board for District #3 (the term of Kathy Hughes has expired) – County Manager. – Appointed Vicki Kratzer.

(3) Appointment of member to the Georgia Mountains Community Service Board to fill the unexpired term of Marcie Kreager – County Manager. – Appointed Mari Forquer.

(4) Acceptance/rejection of Bid #05-63-3340 for the installation of start up of the Old Federal Road Pump Station – Procurement Director. – Approved.

(5) Acceptance/rejection of Bid #05-72-5212 for drainage improvements at Sharon Springs Park – Procurement Director. – Approved.
(6) Acceptance/rejection of Bid #05-74-1500 for County Facility Cleaning Services – Procurement Director. – Approved.

(7) Approval of award for the design, upgrade and implementation of County Internet and Intranet Web Sites – Procurement Director. – Approved.

(8) Request by McFarland & McFarland, P.C. on behalf of Steven West Custom Homes, Inc. for a Public Hearing regarding the denial of a variance on AB# 05-221 – Denied by the Appeals Board on August 2, 2005 – District #2 – Director of Planning & Development. – Denied.

(9) Request by Ethan Underwood on behalf of Howard and Judy Hobby for a Public Hearing regarding the denial of a variance on AB# 05-207 – Denied by the Appeals Board on August 2, 2005 – District #3 – Director of Planning & Development. – Postponed to 10/06/05.

(10) Request by John Baugus for a Public Hearing regarding the approval of a variance on AB# 05-225 – Approved by the Appeals Board on August 2, 2005 – District #4 – Director of Planning & Development. – Approved for a Public Hearing.

(11) MOVED FROM CONSENT AGENDA #13:
Approval of Addenda to Lease Agreements with SBA Properties, Inc. with respect to property located at 4125 Dr. Bramblett Road, Cumming, Georgia 30040-9128 – County Attorney. – Approved.

Public Comments

Recess Regular Meeting

Executive Session if Needed

Adjournment








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Cumming GA 30040
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Fax: 770-781-2199