7/19/2007 - Board of Commissioners Regular Meeting/Public Hearings

On Thursday, July 19, 2007 at 5:06 p.m., in the Commissioners’ Meeting Room of the Forsyth County Administration Building, the Forsyth County Board of Commissioners held a Regular Meeting/Public Hearings with the following persons present: Charles Laughinghouse – Chairman, David W. Richard – Vice Chairman, Jim Harrell – Secretary, Dr. Linda K. Ledbetter – Member, Brian R. Tam – Member, Rhonda O’Connor – Interim County Manager, Ken Jarrard – County Attorney and Sonya Bush – Clerk.


AGENDA
FORSYTH COUNTY BOARD OF COMMISSIONERS
THURSDAY, JULY 19, 2007 @ 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:

(1) Presentation of longevity service awards to those employees having reached twenty (20) or more years of service during the second quarter of 2007 – Director of Personnel Services.

V. Public Comments

VI. Adoption of Minutes:

(1) Called Meeting/Work Session (Budget Meeting) of June 26, 2007.

(2) Called Meeting/Work Session and Executive Session of June 26, 2007.

(3) Executive Session of July 2, 2007.

(4) Public Hearing @ 11:00 a.m. on July 5, 2007.



(5) Regular Meeting/Public Hearings and Executive Session of July 5, 2007.

VII. Consent Agenda:

(1) Adoption of Resolutions authorizing Affidavits concerning Executive Sessions of June 26, 2007; July 2, 2007 and July 5, 2007.

(2) Adoption of Resolution in recognition of Luke Hohmann – Chairman Laughinghouse.

(3) Assignment of agreement for reserved sewer capacity with New Haven Development and United Community Bank – Director of Water & Sewer.

(4) Approval of the following Sewer Reservation Agreements: (Director of Water & Sewer)

(A) First Standard Construction Co. of Georgia, Inc. – City of Cumming Bethelview Capacity.

(B) Grasslands Plaza, LLC – Fowler Capacity.

(C) Hansard Properties, LLC – Fowler Capacity.

(5) Request by Pre-Trial Services for the additional position of Pre-Trial Release Services Officer (0408), Grade 15, to be added to the 2007 budget of Cost Center 1231 – Director of Personnel Services.
(Discussed & approved at a Called Meeting/Work Session held on 07/10/07).

(6) Approval of Cousins Waterline Cost Share Agreement – County Attorney.
(Discussed & approved at a Called Meeting/Work Session held on 07/10/07).

(7) Adoption of Resolution by the Board of Commissioners in support of the Security and Immigration Act – County Attorney.
(Discussed & approved at a Called Meeting/Work Session held on 07/10/07).

(8) Ratification of On-line Service Agreement between GovernmentJobs.com, Inc. (NEOGov) and Forsyth County for the purpose of providing on-line employment applications and review engines – Procurement Director.




(9) Ratification of Settlement Agreement between Darrell P. Hansard & Cherie L. Hansard and Forsyth County – County Attorney.

VIII. Public Hearings:

(1) Proposed millage rate which will require an increase in property taxes by 18.94% (applies only to the Fire Maintenance and Operations portion of Tax Bill) – Director of Finance.
(Two Public Hearings were previously held on July 5, 2007 @ 11:00 a.m. and 6:30 p.m.)

(2) Proposed millage rate which is higher than the roll-back millage rate resulting in a 2.08% increase in the County Maintenance & Operations and 1.83% increase in Bond Property Taxes – Director of Finance.
(Two Public Hearings were previously held on July 5, 207 @ 11:00 a.m. and 6:30 p.m.)

(3) Request approval of alcohol license by Wines for the Times, LLC d/b/a Wines for the Times to sell Distilled Spirits, Malt Beverages (Beer) and Wine by the Package, Named Licensee is David Charron – District #2 – Interim County Manager.

(4) Southeastern Retail Investments, LLC, ZA# 3419, CBD/MPD/R1/A1 to CBD (revised PIN numbers, increased parking and building area) – District #5 – Director of Planning & Development.

IX. Old Business:

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

(A) Southeastern Property Development, Inc., ZA# 3349, A1 to RES-6 – District #3.
(Postponed from 01/18/07; 02/01/07; 03/15/07 and 05/03/07 Agendas).

(B) James A. Otwell, III, ZA# 3296, A1/CBD to RES-6 – District #4.
(Postponed from 04/19/07 and 06/21/07 Agendas).

(C) Ransom Financial Group, Inc., ZA# 3393, A1 to RES-3 – District #1.
(Postponed from 06/21/07 Agenda).



(D) Tripple R. Realty and Investments, Inc., ZA# 3318, A1 to RES-3 – District #3.
(Postponed from 06/21/07 and 07/05/07 Agendas).

(E) Stenger’s Crossties & Landscape Material, Inc., ZA# 3408, A1 to M1 – District #3.
(Postponed from 06/21/07 and 07/05/07 Agendas).

(2) Hearing in reference to alleged alcohol ordinance violation by Wilkes Bottle Shoppe - Named Licensee is Cretzer Wilkes – District #4 – Interim County Manager/County Attorney.
(Postponed from 06/21/07 Agenda).

(3) Request approval of Amendment Number Five Sewer Cooperation Agreement between Fulton County and Forsyth County for Big Creek and Johns Creek Drainage Basins – Director of Water & Sewer.
(Postponed from 06/07/07; 06/21/07 and 07/05/07 Agendas).

(4) Request by Beazer Homes to purchase sewer capacity in the Johns Creek Basin for a 132 unit townhome community & recreation area, 35,910 gpd – Director of Water & Sewer.
(Discussed at a Called Meeting/Work Session held on 01/09/07).
(Postponed from 06/07/07; 06/21/07 and 07/05/07 Agendas).

X. New Business:

(1) Appointment/reappointment of member to the Library Board of Trustees for District #1 (the term of Mary Helen McGruder expired on 06/30/07) – Interim County Manager.

(2) Appointment/reappointment of member to the Board of Tax Assessors for District #3 (the term of Spencer Strickland has expired) – Interim County Manager.

(3) Appointment of Kevin Smith to the Upper Etowah River Alliance Board of Directors – Chairman Laughinghouse.

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

(A) T-Mobile South, LLC, CP070002, issuance of a Conditional Use Permit for the purpose of construction of 180 foot


telecommunications tower within 174 acres on a 75’ by 75’ lease site with a variance to tower separation requirements on 7,920 feet to 5,000 feet on property currently zoned A1 – District #1.

(B) Thomas D. Sims, Jr., ZA# 3353, RES-1 to CBD – District #1.

(C) Hardline Development, ZA# 3359, A1 to RES-3 with a variance to the setback requirements and a variance to the lot width requirements – District #3.

(D) Tahoe Development Group, LLC, ZA# 3382, A1 to RES-2 – District #5.

(E) CRM Developments, LLC, ZA# 3386, A1 to RES-3 with a variance to reduce the distance between foundations from the required 15 feet to 10 feet and a variance to the setback requirements – District #3.

(F) Champions Ridge, LLC, ZA# 3395, A1 to RES-3 – District #5.

(G) A&E Real Property Holdings, Inc., ZA# 3404, A1 to CBD with variances to the setback requirements and variances to the buffer requirements – District #3.

(H) David Russell, ZA# 3416, R1 to CBD with a variance to the buffer requirements and a variance to the setback requirements – District #1.

(I) Edge City Properties, Inc., ZA# 3429, A1 to RES-3 with a variance to the setback requirements – District #5.

XI. Recess Regular Meeting

XII. Executive Session if Needed

XIII. Signature of Approved Documents

XIV. Adjournment


Chairman Laughinghouse recognized a quorum and called the meeting to order.




Invocation and Pledge of Allegiance were given by Reverend John Cromartie.

ADOPTION OF AGENDA

CONSENT AGENDA

There was a motion by Commissioner Laughinghouse and a second by Commissioner Richard to postpone Consent Agenda, Item #2 (Adoption of Resolution in recognition of Luke Hohmann) to the August 2, 2007 meeting at the request of the recipient.

OLD BUSINESS

There was a motion by Commissioner Harrell and a second by Commissioner Richard to postpone Old Business, Item #1A (Southeastern Property Development, Inc., ZA# 3349, A1 to RES-6) to the October 18, 2007 meeting at the request of the applicant. Motion carried unanimously.

There was a motion by Commissioner Richard and a second by Commissioner Harrell to remand back to the Planning Commission Old Business, Item #1B (James A. Otwell, III, ZA# 3296, A1/CBD to RES-6). Motion carried unanimously.

There was a motion by Commissioner Harrell and a second by Commissioner Richard to postpone Old Business, Item #1D (Tripple R. Realty and Investments, Inc., ZA# 3318, A1 to RES-3) to the August 16, 2007 meeting due to a continuing dispute over property ownership. Motion carried unanimously.

There was a motion by Commissioner Laughinghouse and a second by Commissioner Richard to postpone Old Business, Item #3 (Request approval of Amendment Number Five Sewer Cooperation Agreement between Fulton County and Forsyth County for Big Creek and Johns Creek Drainage Basins) to the August 2, 2007 meeting awaiting action by the Fulton County Board of Commissioners. Motion carried unanimously.

There was a motion by Commissioner Laughinghouse and a second by Commissioner Richard to postpone Old Business, Item #4 (Request by Beazer Homes to purchase sewer capacity in the Johns Creek Basin for a 132 unit townhome community & recreation area, 35,910 gpd) to the August 2, 2007 meeting pending action by Fulton County. Motion carried unanimously.

NEW BUSINESS

There was a motion by Commissioner Laughinghouse and a second by Commissioner Richard to postpone New Business, Item #4A (T-Mobile South, LLC, CP070002, issuance


of a Conditional Use Permit for the purpose of construction of 180 foot telecommunications tower within 1.74 acres on a 75’ by 75’ lease site with a variance to tower separation requirements on 7,920 feet to 5,000 feet on property currently zoned A1) to the August 2, 2007 meeting.

There was a motion by Commissioner Harrell and a second by Commissioner Richard to postpone New Business, Item #4E (CRM Developments, LLC, ZA# 3386, A1 to RES-3 with a variance to reduce the distance between foundations from the required 15 feet to 10 feet and a variance to the setback requirements) to the August 2, 2007 meeting due to the need to re-advertise for a Public Hearing.

There was a motion by Commissioner Richard and a second by Commissioner Harrell to add as an emergency item New Business, Item #5 (Board acknowledgement and acceptance of investigation report regarding the Chairman of the Board of Elections Gary Smith). Motion carried unanimously.

There was a motion by Commissioner Richard and a second by Commissioner Harrell to adopt the agenda as amended. Motion carried unanimously.

UNDER ANNOUNCEMENTS AND REPORTS THE FOLLOWING ACTIONS WERE TAKEN:

The Board of Commissioners along with Pat Carson, Director of Personnel Services, presented longevity service awards to the following employees having reached twenty (20) or more years of service during the second quarter of 2007:

Ronnie Grizzle – Water Department – 20 years
Phillip M. Bruce – Roads & Bridges – 20 years
Vivian L. Tanner – Soil Conservation – 20 years
Billy R. Johnson – Roads & Bridges – 21 years
David W. Henderson – Water Department – 21 years
Teressa M. Cox – Planning & Development – 21 years
Brenda Milford – Clerk of Court – 21 years
Jerry Kinsey – Parks & Recreation – 22 years
Jimmy J. Sams – Roads & Bridges – 23 years
Paul Whitfield – Sheriff’s Office – 23 years
Tracy E. Caldwell – Tax Assessors – 24 years
Judy Westray – Clerk of Court – 28 years
Jean Garner – Sheriff’s Office – 28 years





UNDER PUBLIC COMMENTS THE FOLLOWING PERSONS ADDRESSED THE BOARD:

Terry Sweeney

UNDER ADOPTION OF MINUTES THE FOLLOWING ACTIONS WERE TAKEN:

Called Meeting/Work Session (Budget Meeting) of June 26, 2007

There was a motion by Commissioner Richard and a second by Commissioner Tam to adopt the minutes of the Called Meeting/Work Session (Budget Meeting) of June 26, 2007. Motion carried unanimously.

Called Meeting/Work Session and Executive Session of June 26, 2007

There was a motion by Commissioner Richard and a second by Commissioner Harrell to adopt the minutes of the Called Meeting/Work Session and Executive Session of June 26, 2007. Motion carried unanimously.

Executive Session of July 2, 2007

There was a motion by Commissioner Richard and a second by Commissioner Harrell to adopt the minutes of the Executive Session of July 2, 2007. Motion carried unanimously.

Public Hearing (11:00 a.m.) of July 5, 2007

There was a motion by Commissioner Richard and a second by Commissioner Harrell to adopt the minutes of the Public Hearing (11:00 a.m.) of July 5, 2007. Motion carried unanimously.

Regular Meeting/Public Hearings and Executive Session of July 5, 2007

There was a motion by Commissioner Richard and a second by Commissioner Harrell to adopt the minutes of the Regular Meeting/Public Hearings and Executive Session of July 5, 2007. Motion carried unanimously.

CONSENT AGENDA

There was a motion by Commissioner Richard and a second by Commissioner Tam to approve the Consent Agenda as follows:

The adoption of Resolutions authorizing Affidavits concerning Executive Sessions of June 26, 2007; July 2, 2007 and July 5, 2007.



The assignment of agreement for reserved sewer capacity with New Haven Development and United Community Bank.

The approval of the following Sewer Reservation Agreements:

(A) First Standard Construction Co. of Georgia, Inc. – City of Cumming Bethelview Capacity.

(B) Grasslands Plaza, LLC – Fowler Capacity.

(C) Hansard Properties, LLC – Fowler Capacity.

The request by Pre-Trial Services for the additional position of Pre-Trial Release Services Officer (0408), Grade 15, to be added to the 2007 budget of Cost Center 1231.
(Discussed & approved at a Called Meeting/Work Session held on 07/10/07).

The approval of Cousins Waterline Cost Share Agreement.
(Discussed & approved at a Called Meeting/Work Session held on 07/10/07).

The adoption of Resolution by the Board of Commissioners in support of the Security and Immigration Act.
(Discussed & approved at a Called Meeting/Work Session held on 07/10/07).

The ratification of On-line Service Agreement between GovernmentJobs.com, Inc. (NEOGov) and Forsyth County for the purpose of providing on-line employment applications and review engines.

The ratification of Settlement Agreement between Darrell P. Hansard & Cherie L. Hansard and Forsyth County.

Motion carried unanimously.

UNDER PUBLIC HEARINGS THE FOLLOWING ACTIONS WERE TAKEN:

Proposed millage rate which will require an increase in property taxes by 18.94% (applies only to the Fire Maintenance and Operations portion of Tax Bill)

Cherrita Griswold, Director of Finance, made a presentation.

There was a motion by Commissioner Richard and a second by Commissioner Tam to open the Public Hearing. Motion carried unanimously.


No one spoke in favor or opposition.

There was a motion by Commissioner Richard and a second by Commissioner Harrell to close the Public Hearing. Motion carried unanimously.

There was a motion by Commissioner Richard and a second by Commissioner Harrell to adopt the Fire Millage Rate increase as presented by the Director of Finance. Motion carried with four members in favor (Laughinghouse, Richard, Harrell and Tam) and one member in opposition (Ledbetter).

Proposed millage rate which is higher than the roll-back millage rate resulting in a 2.08% increase in the County Maintenance & Operations and 1.83% increase in Bond Property Taxes

There was a motion by Commissioner Richard and a second by Commissioner Harrell to open the Public Hearing. Motion carried unanimously.

No one spoke in favor or opposition.

There was a motion by Commissioner Richard and a second by Commissioner Harrell to close the Public Hearing. Motion carried unanimously.

There was a motion by Commissioner Richard and a second by Commissioner Harrell to approve the Resolution specifying the 2007 millage rate of Forsyth County to be 22.528 mils. Motion carried with four members in favor (Laughinghouse, Richard, Harrell and Tam) and one member in opposition (Ledbetter).

Request approval of alcohol license by Wines for the Times, LLC d/b/a Wines for the Times to sell Distilled Spirits, Malt Beverages (Beer) and Wine by the Package, Named Licensee is David Charron – District #2

There was a motion by Commissioner Richard and a second by Commissioner Tam to open the Public Hearing. Motion carried unanimously.

No one spoke in favor or opposition.

There was a motion by Commissioner Tam and a second by Commissioner Richard to close the Public Hearing. Motion carried unanimously.

There was a motion by Commissioner Tam and a second by Commissioner Richard to approve the alcohol license for Wines for the Times, LLC d/b/a Wines for the Times to sell



Distilled Spirits, Malt Beverages (Beer) and Wine by the Package, Named Licensee is David Charron. Motion carried unanimously.

Southeastern Retail Investments, LLC, ZA# 3419, CBD/MPD/R1/A1 to CBD (revised PIN numbers, increased parking and building area) – District #5

There was a motion by Commissioner Ledbetter and a second by Commissioner Laughinghouse to open the Public Hearing. Motion carried unanimously.

Speaking in favor:
Ethan Underwood

Speaking in opposition:
None

There was a motion by Commissioner Ledbetter and a second by Commissioner Tam to close the Public Hearing. Motion carried unanimously.

There was a motion by Commissioner Ledbetter and a second by Commissioner Richard to approve the rezoning request by Southeastern Retail Investments, LLC, ZA# 3419, CBD/MPD/R1/A1 to CBD with the conditions as displayed which read as follows:

1. The development must meet fire flows of 1500 gpm or irrigation demands, whichever is greater or such lesser gpm as may be otherwise approved by the Fire Chief or his or her designee. All improvements to the City water and sewer systems that are required to serve this development, as determined by the City of Cumming Water and Sewer Department, shall be designed and constructed at the expense of the developer.

2. Any sewer lines installed to serve this development will be sized to serve the entire basin. Line sizes and materials must be in accordance with the City of Cumming sewer plans. In areas of the project where public sewer is not installed, the developer shall provide a separate sewer easement (permanent and construction easement) for future installation of public sewer, in all areas designated by the City of Cumming sewer plans.

3. Developer shall dedicate right of way as may be required per Georgia DOT road improvement project on SR 20 (Buford Hwy.).

4. Developer shall dedicate right of way 40 feet from centerline of Trammel Road.



5. Developer shall construct a right turn lane on Trammel Road at SR 20 (Buford Hwy.).

6. The proposed drive entrance on Trammel Road shall align with the existing drive entrance located on the northwest side of Trammel Road.

7. Developer shall construct improvements as required by Georgia DOT and/or Department of Engineering based on final configuration of site plan.

8. This development may be served by the City of Cumming water and sewer systems.

9. Exterior lighting fixtures shall be not closer than 5 feet of the perimeter of a parking lot.

10. Garbage dumpster pickup shall be between 6:00 a.m. and 9:00 p.m., Monday through Saturday.

11. The following uses shall not be permitted on the subject property:

(a) Bars, Lounges, or nightclubs provided this shall not preclude a restaurant such as but not limited to Applebee’s from having a bar.
(b) Theaters.
(c) Electronic game playing centers.
(d) Adult novelty stores.
(e) Adult entertainment centers.
(f) Pawn shops.
(g) Pool halls.
(h) Tattoo parlors.
(i) Schools.

12. All commercial building facades visible shall consist of brick, stone, or glass. Stucco and painted dimensioned wood or cement material, such as hardi plank, may be used as accent material only, not to exceed 10% of surface area. Remainder of exterior may consist of brick, precast concrete, split block, stone, or glass. Exterior building material shall not be of concrete masonry units, aluminum or vinyl siding, or corrugated steel.

13. Signage shall conform to that version of the Forsyth County Sign Ordinance in existence at the time that a sign permit application is submitted.


14. Developer shall have eighteen (18) months from the date of zoning approval to apply for the initial land disturbance permit (LDP) based upon those County development standards existing at the time of rezoning. If no LDP is sought within eighteen (18) months after rezoning approval, unless otherwise permitted by law, the developer shall comply with the County development standards in existence at the time of LDP application submittal.

15. Final engineered plan to be approved by District County Commissioner prior to issuance of the Land Disturbance Permit (LDP).

Motion carried unanimously.