Board of Registrations expected to issue the call for TSPLOST today

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FORSYTH COUNTY, Ga. — The Forsyth County Board of Registrations and Elections will meet in a called meeting today at 11 am when it is expected to issue a call for a Transportation Special Purpose Local Option Sales Tax to be placed on the Nov. ballot.

County Attorney requests the Board of Commissioners amend the language in the SPLOST resolution approved last week.

The Board of Commissioners authorized the SPLOST in a resolution at the July 26 meeting, but the language was amended at last night’s Board of Commissioners meeting at the request of County Attorney Ken Jarrard.

The language initially included a list of projects that could be funded by SPLOST. Jarrard said the list of projects should not have been included on the ballot. The Board unanimously approved the amendment to delete the projects.

Commissioner Todd Levent called for the project list to be discussed in a work session later this month. “It is very important since its not on the ballot that we get a legitimate project list so the citizens know what we are going to work on. ” His motion was unanimously approved.

Commissioners ban pet store sale of dogs, cats

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FORSYTH COUNTY, Ga. — The Board of Commissioners unanimously approved modifications to the county’s Animal Control Ordinance that prohibits the sale of dogs, cats, and domestic rabbits by the county’s pet shops.

The vote came during a public hearing at Thursday’s regular meeting and was applauded by Debra Berger, the State Director for the US Humane Society.

Pet shops may not sell, advertise for sale, exchange, adopt or barter these animals. County Attorney Ken Jarrard pointed out, however, there is nothing in the ordinance prevents pet shops from offering safe and appropriate care for cats and dogs owned by rescue organizations or  animal control facilities.”

If a pet shop does provide such a service, there must be a notification placed in a conspicuous location on the cage or enclosure of the animal, stating the name of the animal’s owner.

Also prohibited by the ordinance is the sale, exchange, trade, barter, lease, or roadside display for commercial purposes any dog, cat or domestic rabbit.

The amended ordinance does not apply to display of dogs, cats, domestic rabbits by an animal shelter or rescue organization.

Berger said the Boards approval of the modified ordinance will stem the flow of “puppy mill” dogs in Georgia. “Every year our organization collects thousands of public documents and consumer complaints showing that most puppy-selling pet stores value profit over animal welfare,” she said.

Commissioners oppose bills aimed at state control of land use issues

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FORSYTH COUNTY, Ga. – Two resolutions unanimously approved by the Board of Commissioners during Tuesday’s work session are on their way to the Forsyth County state delegation.

The first expresses strong opposition to HB1093 and SB 494 similar bills that would prohibit local government from imposing restrictions on land use issues that apply to long-term rental agreements.

County Attorney Ken Jarrard said the non-binding resolution would state “these sort of laws at the state level go to the heart of our local land use issues and should remain a local issue. City and County governments are uniquely situated to know the needs of their constituents.”

Build-to-Rent communities are developments where there are no owners of individual lots. The residents are all tenants. Those communities are becoming increasingly popular across the country.

“If these bills are adopted, or some similar variation it would stop the county’s ability to make any regulations that affect those sorts of subdivisions,” Jarrard said.

“There are 159 counties across the state of Georgia that all have unique characteristics,” Commission Chairman Alfred John said. “Those counties should be allowed to decide for themselves what is best for their citizens and residents.”

Commissioner Todd Levent added, “The state doesn’t like it when the federal government tells them what to do and local government doesn’t like the state telling us what to do. We know our community better than anybody else.”

The second resolution will request the state delegation to increase the hotel/motel tax from 5 percent to 8 percent. John said surprisingly many of the hotel managers he spoke to support the increase.

 

 

 

BOC held first public hearing on non-residential sewer infrastructure

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FORSYTH COUNTY, Ga. – The Board of Commissioners held the first public hearing on its plan to build a multi-million dollar sewer infrastructure reserved almost exclusively for non-residential customers last week.

The plan involves spending up to $19,000,000 and would be funded entirely by a portion of the $43.37 million the county received in American Rescue Plan. There were no objections to the plan during the first public comment period but a final vote will not be taken until the second public hearing to be held in two weeks.

County Attorney Ken Jarrard explained, “This divides the infrastructure installation location into six nodes geographically and by tax parcel.” Four of the nodes require that 75 percent of the parcels be served by non-residential users before residential users can hook on. Two of the smaller nodes require 100 percent be reserved for non-residential use.

The plan has drawn strong support from the Forsyth County Chamber of Commerce.

Following public hearings, the Board approved:

  • A request for variances to the UDC Section 11-9.6(J)(1) by Toll Brothers, Inc. – Parcels 156-001 and 156-002 – VA210103;
  • The request for an Amendment of Zoning Conditions on ZA2699 (Aaron J. Land) by Chris Cowart Properties, LLC and variances to UDC Table 14.2, UDC 14-4.13 and UDC 10-1.10(A)(1) – Parcel 063-057 – AZ210045;
  • The request for an Amendment of Zoning Conditions on ZA3675 (United Family Homes, LLC) by United Family Homes, LLC – Parcels 079-010 and 079-003 – AZ210046;
  • A County-Initiated Conditional Use Permit to operate a personal care home serving ten persons or less on 5.286 acres currently zoned Lake Residential District (LR) – Parcel 269-041 – CP210044;
  • A County-Initiated variance to: 1.) Reduce the landscape strip along Browns Bridge Road from 20 ft. to as low as 0 ft. to allow the installation of Georgia Transmission Corporation utility infrastructure within the required landscape strip (UDC 21-12.5(B)(2)) – Parcel 217-004 – VA210102.

The Board elected Commissioner Molly Cooper to serve as Vice Chairman and Commissioner Todd Levent to serve as Secretary for 2002.

 

 

 

 

BOC files objection to Horizon’s request for annexation into the City

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FORSYTH COUNTY, Ga. – Forsyth County Commissioners voted to send a letter to the City Council Tuesday to object to Horizon Christian Academy’s request for annexation into the City. The school is located at the intersection of Bettis Tribble Gap Road and Sawnee Drive.

County Attorney told commissioners that if the land is eventually annexed, the academy could be subdivided at a significant cost to the count.

Local government can object to annexation on the following grounds:

A proposed change in zoning or land use;

A proposed change in density;

Infrastructure demands related to proposed change in zoning or land use.

Commissioners also approved:

  • Approved the list of items as surplus with authorization for the Department of Procurement to dispose of accordingly;
  • An extended warranty service agreement with Service Express for the calendar year 2022 for Systems and Technology and the Sheriff’s Office in the amount of $17,076.00;
  • Change Order #3 with Buildline General Contractors for additional scope of work for the Sawnee Mountain Park Renovations Project in the amount of $66,513 with 35 days added to the schedule;
  • Change Order with Cogsdale to remove Vocantas Interactive Voice Response (IVR) from the Agreement and add Invoice Cloud Interactive Voice Response (IVR) for the Department of Water and Sewer. The estimated annual expenditure is $27,360;
  • Amendment #1 to the Task Order with T.Y. Lin International regarding RFP 16-57-3150 Engineering Services – SR 369/Matt Hwy from Cherokee County Line to Wallace Tatum Road in the amount of $359,024;
  • Award RFP 21-136-1620 for Janitorial Service for the Department of Public Facilities in the amount of $353,280;
  • The First Amendment to the Lease Agreement to renew the Lease for Suite 1201 located at 514 West Maple Street, which is used for office space for the Department of Public Facilities. The Agreement is for three years at a rate of $12.48/SF or $1,144.00 per month with an annual cost of $13,728.00 and allows for a 3% increase for each renewal year;
  • Authorization for staff to apply for the Georgia Transportation Infrastructure Bank Grant in the amount of $1,500,000 to provide an alternate route (Coal Mountain Connector) to the North Forsyth County School Complex and to provide congestion relief at the SR9 / SR369 intersection. No match is required;
  • Authorization for staff to apply for the Atlanta Regional Commission’s Transportation Improvement Project (TIP) Grant for costs associated with intersection improvements at Punch Hammond Road and Highway 9. The total project cost will be $1,500,000 with $1,200,000.00 Federal Funding and $300,000 (20% match) local funding;
  • Authorization for the Sheriff’s Office to accept an Amendment to a MOU with the Criminal Justice Coordinating Council (CJCC) due to approval of no cost extension granted, award 2019-MO-BX-0025 FY2019 Justice and Mental Health Collaboration Program Grant Program;
  • To renew the Extension Services Contract with the University of Georgia for FY 2022 in the amount of $211,375 regarding the County’s portion of salaries for Professional Services;
  • Task Order #23 with CH2M Hill, Inc. in the amount of $140,100.00 for Intake Water Quality Sampling for the Department of Water and Sewer;
  • Task Order #24 with CH2M Hill, Inc. in the amount of $112,500.00 for Intake Permitting Support for the Department of Water and Sewer;
  • Task Order #25 with CH2M Hill, Inc. in the amount of $1,705,800.00 for Geotechnical and Tunnel Analysis for the Department of Water and Sewer;
  • A Contract Item Agreement between Georgia Department of Transportation and Forsyth County regarding reimbursement of an estimated $3,035,930 for relocation of water and sewer facilities on State Route 9 from SR 371/Post Road to SR 141/Bethelview Road due to road widening;
  • Placing amendments to the Tree Ordinance on a public hearing agenda;
  • Placing a County-Initiated variance process in favor of Andalusia Properties, Inc. related to tax parcel 217-004 at 3571 Browns Bridge Road, for that degree of variance necessary to allow the installation of Georgia Transmission Corporation utility infrastructure within the required landscape buffer/strip for parcel 217-004;
  • A County-Initiated Conditional Use Permit for a personal care home, serving 10 persons or less on 5.286 acres currently zoned Lake Residential District (LR) – Parcel 269-041;
  • Authorization for a County initiated rezoning of parcels 216-024, 236-044, 236-094, 236-006, and 236-005 from A1 to M1 (property assemblage located north of the intersection of Martin Road and Settingdown Road), with those necessary conditional use permits as determined by County staff that will allow the property to be used for warehouses, associated distribution facilities, Office Commercial Multiple Story (OCMS), and office uses, with the property owners to pay those direct costs associated with the rezoning (i.e., advertising costs, etc.), for an ordinary rezoning staff review to occur, and further authorization for the DRI process to be initiated;
  • Closing of Hearthstone Lodge Senior Center and transitioning to Central Park and Cumming Aquatic Center;
  • Reappointment of a Traci Jones as representative to the Keep Forsyth County Beautiful (KFCB) Board of Directors for a two-year term to begin January 2022 and expire January 2024;
  • A staffing Incentive Plan for the 911 Center;
  • A resolution authorizing acceptance of a .391 property donation adjacent to the Forsyth County Library – Cumming branch, and the conveyance of two (2) temporary and permanent sewer line easements to the Providence Group and/or the City of Cumming.

 

 

Forsyth County agrees to settle case pending in Superior Court

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FORSYTH COUNTY, Ga. – The Board of Commissioners Thursday approved a settlement in a civil action pending in Forsyth County Superior Court that paves the way for the construction of a residential subdivision of 130 units on South Clement Drive near Hwy. 141.

The litigation entitled Alex C. Kliros vs. Tom Brown et. Seq. was originally presented to Forsyth County for a Res 3 designation of 189 units on 90.37 acres. The agreement calls for a change to Res 2 designation and a reduction in the number of units to a maximum of 130. Other compromises reached include the movement of the amenity package from South Clement to the interior of the development, the application of Forsyth County architectural standards, donation to the adjacent Creekstone for the construction of a subdivision monument and covenants that provide for the maintenance of the South Clement roundabout.

Following the reading of the proposed agreement by County Attorney Ken Jarrard, the Board held a public hearing and approved the settlement by a vote of 4-0 with Commissioner Molly Cooper being absent.

In other public hearings, the Board:

  • Held the first of two public hearing on amendments to the alcohol ordinance regarding delivery of alcohol, package alcohol, mixed drinks to go, manufacturing and production and sales limits and renewal of conditional licenses;
  • Approved a request by Nelson and Jennifer Lafayette (The Peachtree Development Group) for an amendment of zoning conditions and variance of UDC table 11.2 to reduce a rear setback;
  • Approved a request by Doman Realty, Inc. to amend zoning conditions on ZA 3998 to change from single-story 3,000 square foot homes to 2,600 single-story homes;
  • Postponed a request by Jeffrey and Dawn Johnson for a reduction in a rear setback from 20 feet to 7.5 feet;
  • Approved a variance by Vickery Land Co., LLC (Tracey L. Varrone) of a zoning condition to include a private school special education facility;
  • Approved an amendment to the UDC relating to timber harvesting;
  • Postponed a public hearing on proposed amendments to Chapter 20b related to Specialty Districts within the Unified Development Code.

Under Old Business, the Board:

  • Approved RJJ Development request to rezone 20.3 acres from NS, A1 and Res 3 to Res 1 for 27 lots on 20.43 acres northwest of Heardsville Road;
  • Approved JKN Ventures, LLC  request to build a 5,390 sq. ft. minor automobile service establishment with 18 parking spaces on 2.17 acres currently zoned Commercial Business District;
  • Approved Jonathan Gonzalez request for a zoning amendment to rezone from Agricultural District (A1) and Single Family Residential District (R1) to Commercial Business District (CBD) with a Conditional Use Permit (CUP) for an open air business on 2 acres associated with an existing 1,036 sq. ft. building with 8 parking spaces with the following variances to: 1.) Reduce the front setback from 40 ft. to 24 ft. (UDC Table 12.2); 2.) Reduce the front landscape strip from 20 ft. to 10 ft. (UDC 21-6.5(A)(1)); and, 3.) Reduce the required number of parking spaces from 75 to 8 (UDC Table 17.1) – Parcel 017-055 – District 3 – Director, Department of Planning and Community Development;
  • Approved Georgia Sports Arena, LLC request to rezone from Neighborhood Shopping District (NS), Single Family Residential District (R1) and Commercial Business District (CBD) to Commercial Business District (CBD) on 13.92 acres for an office, retail trade establishment, a 6,000 sq. ft. restaurant and a 55,600 sq. ft. indoor commercial recreational facility with a Conditional Use Permit (CUP) for outdoor commercial athletic fields with 315 parking spaces with the following variance to: 1.) Reduce the exterior buffer adjacent to outlots 1-4 from 40 ft. to 0 ft. (UDC 16-4.6(C)) – Parcels 130-049, 130-050, 130-052, and 130-068.

Under New Business, the Board denied a request by Apparao Chithaluri for a Public Hearing regarding an appeal of the Zoning Board of Appeals’ (ZBA) decision to deny a variance on VA210047 (Apparao Chithaluri).

 

BOC agenda packet will provide added insight into county government

News

FORSYTH COUNTY, Ga. — The Board of Commissioners took a giant step toward increasing transparency in county government during Tuesday’s work session with unanimous approval of a motion to begin publication of the Board’s Agenda Packet on the county website.

The packet drills down on the meeting agenda by providing a detailed explanation of each item to be presented in both the work sessions and regular meetings. The packet contains the same information that commissioners have access to throughout the meetings.

As County Attorney Ken Jarrard explained, “The bottom line is this is about transparency. That is where the objective is to give the citizens as much information as possible. At the end of the day, it is very much a positive thing.”

The Board also:

  • Agreed to declare a list of items as surplus with authorization for the Department of Procurement to dispose of accordingly;
  • Approved a Change Order with Bayne Development Group, LLC on the Eagle’s Beak Park Project in the amount of $120,239.58;
  • Authorized the addition of demolition of the Parkstone Wastewater Treatment Plant to the Department of Water and Sewer Capital Project Plan (CIP) with approval of a Task Order with Hayes, James & Associates in the amount of $105,009.00;
  • Approved a software licensing and implementation project with Tyler Technologies to track and report animal violation cases for the Department of Animal Services in the amount of $82,100.00 for the Animal Services Project with permission to continue the annual renewal / maintenance (based upon business need) for the life of the software with authorization for the County Manager to sign the appropriate documents;
  • Approved of the Sole Source Purchase of Hurst Extrication Equipment through MES-Southeast for the Fire Department from MES-Southeast in the amount of $230,533.60 for the purchase of Hurst Extrication Equipment;
  • Approved Bid 20-100-1620 to provide materials, equipment, and labor for the LED Lighting Replacement Project at five County locations in the amount of $99,900.17;
  • Approved Bid 21-108-2410 for the purchase of new Paratech Trench Rescue Equipment and trade-in the old equipment for the Fire Department to Georgia Fire and Rescue Supply in the amount of to $98,829.80 with permission to trade-in the old equipment;
  • Approved RFP 21-99-1500 for providing services to hold a Household Hazardous Waste Drop-Off Event for the Department of Recycling and Solid Waste to Clean Earth of Alabama. Service is budgeted with the Department and the cost will be dependent upon the amount of waste received from citizens
  • Approved RFP 21-101-1620 for Architectural / Engineering Services for the Old Matt Schoolhouse, Phase 2, for the Department of Public Facilities to Jericho Design Group in the amount of $67,600.00; Capital Outlay Project Budget;
  • Approved a Special Facility Use Agreement with Timberline Glamping (formerly known as Georgia Glamping Company, LLC) to allow Courtesy Dumping Service to RVs staying in Shady Grove Campground. County will be paid $1,000.00 per year;
  • Approved a 5-year renewal of the Special Facility Use Agreement with Timberline Glamping (formerly known as Georgia Glamping Company, LLC) for glamping setups at thirteen dedicated campsites;
  • Approved an updated Site Master Plan for Shady Grove Campground;
  • Approved RFP for providing Architectural Design Services for the Denmark Library to McMillan Pazdan Smith Architecture in an amount not to exceed $605,900.00; SPLOST 8, Impact Fees, and a State Capital Grant are the funding sources for this Project, which is included in the Capital Improvement Program;
  • Decided to take a request by the Superior Court of Forsyth County to increase the County Supplements of newly hired Superior Court Judicial Assistants back to the finance department for further evaluation before bringing it back before the Board on Oct. 12;
  • Agreed to initiate the rezoning process regarding an agreement Concerning Environmental Campus Drive between MKW Capital, LLC, JOJO Capital, LLC, the City of Cumming, and Forsyth County, which Agreement includes the potential swap of real property owned by MKW Capital, LLC, and JOJO Capital, LLC, with real property owned by Forsyth County ­ County Attorney;
  • Approved an agreement for Exchange of Realty at Sawnee Mountain Preserve, involving Forsyth County and John North and tax parcel 125-113 and tax parcel 125-116;
  • Approved a first amendment to Memorandum of Understanding Regarding Disposition of 608 Veterans Memorial Boulevard with the Development Authority of Forsyth County;
  • Approved of the Consent Order and Judgment for Civil Action File No. 19CV­2206­2 in the amount of $113,000.00 in connection with Parcel 9 of the SR 369 at Ga 400 Project (Owners: Bobby Joe Wofford, Jr. and Benjamin Carl Wofford) &shy.

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