MINUTES Cherokee County Board of Commissioners MAY 3, 2005 REGULAR MEETING 6:00 P.M.

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1 MINUTES Cherokee County Board of Commissioners MAY 3, 2005 REGULAR MEETING 6:00 P.M. CALL TO ORDER CHAIRMAN J. MICHAEL BYRD Chairman Byrd called the regular meeting of the Cherokee County Board of Commissioners to order at 6:02 p.m. on Tuesday, May 3, Those in attendance included Commissioner Harry B. Johnston; Commissioner Jim Hubbard; Commissioner Karen Mahurin; County Manager Jerry Cooper; County Attorney Mark Mahler; County Clerk Sheila R. Corbin; various department heads and agency directors; the media and the public. (Vice Chair/Commissioner Derek V. Good was out of town) INVOCATION PLEDGE OF ALLEGIANCE T.J. RUST from Antioch Christian Church in Canton CHAIRMAN PRESENTATION Recognition of Above and Beyond Award Recipients for outstanding customer service Chairman Byrd and Dr. Jackie McMorris Community Services Director called the top 2 of the 2005 first quarter award winners to the front and presented them with certificates. The top 2 out of 21 nominations were Bobbi Kendall from Senior Services and Paul McGinnett from E911. AMENDMENTS TO AGENDA There were four amendments to the agenda; (1) Under the Consent Agenda add the Acceptance of HOME Rehab Sub-Recipient Agreement as part of an annual contract between the Board of Commissioners of Cobb County and the Cherokee County Board of Commissioners and approve the GUCC (Georgia Urban County Consortium) renewal agreement; (2) Under Commissioner Hubbard add a Discussion to implement that portion of the Strategic Plan dealing with the salary for paramedics; (3) Under Announcements add Chairman Byrd to announce Pecan Drive road closing; (4) Under County Attorney add Legacy lot request. After the Chairman read the amendments, he asked for a motion. Commissioner Hubbard made a motion to approve the amendments; Commissioner Mahurin seconded and the amendments to the agenda were unanimously approved. APPROVAL OF MINUTES FROM APRIL 19, 2005 Chairman Byrd asked for a motion to approve the minutes as submitted by the Clerk. Commissioner Mahurin made a motion to approve the minutes; Commissioner Johnston seconded and the minutes were unanimously approved. 1

2 PUBLIC HEARING Consideration of request of Paul and Donna Ridsdale, 719 Golden Farm Way, BridgeMill Subdivision, to delete Condition #4 of Zoning Case (Brett Blevins), which requires a 30 foot undisturbed buffer at the rear of this property; the Ridsdales are appealing the condition to allow them to relocate the drainage easement into this 30 foot undisturbed buffer at the rear of their property line. Mr. Mahler opened the public hearing at 6:10 p.m. by asking if anyone representing the Ridsdales was present. Mr. Paul Ridsdale came forward and spoke, giving the reason for their request. Mr. Mahler asked if there was anyone in opposition who wished to speak. There were none and the public hearing was closed at 6:14 p.m. After some questioning by the Board, the Chairman asked for a motion. Commissioner Mahurin made a motion to approve the request; Commissioner Hubbard seconded. The vote was for unanimous approval. PUBLIC HEARING Consideration of rezoning application No (Dan Quarles) Mr. Mahler opened the public hearing at 6:17 p.m. by asking Mr. Todd Rusbridge, the attorney representing the applicant to come forward. Mr. Rusbridge said that the applicant now wanted to rezone the property from R-40 to O&I(Office and Institutional) and said that he believed that this property was an ideal location for O&I zoning. There were no other speakers either for or against the request. The pubic hearing was closed at 6:20 p.m. The Chairman asked for a motion. Commissioner Hubbard made a motion to approve the request; Commissioner Johnston seconded. During discussion, the Chairman asked for a friendly amendment to include the requirement of a 50 foot buffer on the property side that adjoined the R-40 subdivision. Commissioners Hubbard and Johnston accepted the amendment. The Chairman then asked for a vote and the vote was for unanimous approval. PUBLIC COMMENT Ms. Ursula Cox was the only one to sign up to speak. She wanted to speak about the necessity of requiring site plans when special use permits were requested as well as compliance with any ordinances and/or development regulations. ANNOUNCEMENT Announcement of Joint Public Hearing/Kickoff Meeting that will be held on Tuesday, May 17, 2005 at 6:00 p.m. between the County and the cities of Ball Ground, Waleska and Woodstock to unveil the Planning process for the major update of the Cherokee County Comprehensive Land Use Plan. This meeting is intended primarily to inform the public about the process, share preliminary assessment data and outline public participation opportunities. 2

3 OLD ZONING BUSINESS (from April 19, 2005) CASE NUMBER : APPLICANT : Justin Drive I, L. P. ZONING CHANGE : AG to RTH LOCATION : Keeter Road MAP & PARCEL NUMBER : 15N08, Parcel(s) 253, 254, 256, 257, 258 ACRES : PROPOSED DEVELOPMENT : Townhome Community COMMISSION DISTRICT : 3 FUTURE LAND USE MAP DESIGNATION : High Technology Mixed Use Corridor over Medium Density Residential PLANNING COMMISSION RECOMMENDATION: Approval to include all stipulations in the April 5, 2005, Sams Larkin and Huff letter and an additional stipulation of one entrance. (This case was postponed after determining that the property is in the Canton Growth Boundary Agreement) Mr. Watkins stated that they had received a request to postpone this case indefinitely. Commissioner Mahurin then made a motion to postpone the case indefinitely; Commissioner Hubbard seconded the motion and the request was unanimously approved. COMMISSION BUSINESS CHAIRMAN COMMISSION POST 1 COMMISSION POST 2 J. MICHAEL BYRD HARRY B. JOHNSTON JIM HUBBARD Discussion to implement that portion of the Strategic Plan relating to the change in pay grade for Paramedics Commissioner Hubbard said that he would like to make a motion to approve the implementation of increasing the salary for paramedics; Commissioner Mahurin seconded and the motion was unanimously approved. COMMISSION POST 3 KAREN MAHURIN Amendment to Zoning Ordinance-Article 18- Public Participation Commissioner Mahurin said that she had determined that the public hearing was scheduled for the June 7, 2005 meeting. 3

4 Amendment to Litter Ordinance Commissioner Mahurin said that during a recent meeting, it had been brought to her attention that there was a need to amend the Litter Ordinance in order to cite garbage hauling companies, and not just the drivers, when they did not provide the proper equipment and toward that end, she had asked the County Attorney to look into amending the Litter Ordinance. Commissioner Hubbard asked if a public hearing was necessary and Mr. Mahler responded that it was not, that he would go ahead and get something worked up so that it could be reviewed prior to the next meeting. COMMISSION POST 4 DEREK V. GOOD CONSENT AGENDA A. Reimbursement to Chairman Byrd for mileage expense of $ for the period of April, 2005 B. Reimbursement to Commissioner Mahurin for mileage and other expense of $ for the period of April, 2005 C. Acceptance and approval of rights-of-way, roadways and appurtenant drainage structures within Holly Reserve Subdivision for County maintenance including all or part of: Holly Reserve Parkway Acceptance and approval of rights-of-way, roadways and appurtenant drainage structures within Mountain Falls Subdivision for County maintenance including all or part of: Mountain Falls Way D. Approval of stone contracts to Vulcan and Lafarge (Roads & Bridges) E. Request approval for resurfacing list of roads as-is for a total of miles (Roads & Bridges) F. Approval of supplemental agreement with Bankhead Contracting Company for resurfacing a portion of East Cherokee Drive under the 2005 LARP Resurfacing Contract in the amount of $37, G. Approve low bid and selection of NAFECO as provider of firefighter uniforms for contract year; with estimated cost in 2005 of $70,000. for Fire-EMS H. Approve low bid and selection of Tri-Anim Health Services, Inc. as primary medical supply vendor for Fire-EMS with estimated cost in 2005 of $70,000. I. Approve use of Haz-Mat Recovery funds for 2005 Haz-Mat Operations Budget J. Acceptance of HOME Rehab Sub-Recipient Agreement as part of an annual contract between Board of Commissioners of Cobb County and the Cherokee County Board of Commissioners and approve the GUCC (Georgia Urban County Consortium) Renewal Agreement - Amendment 4

5 After Mr. Cooper read the Consent Agenda items, the Chairman asked for a motion. Commissioner Hubbard made a motion to approve; Commissioner Johnston seconded and the Consent Agenda was unanimously approved. COUNTY MANAGER K. Approval of Livable Centers initiative contract with ARC County s portion is $25,000. Commissioner Johnston made a motion to approve; Chairman Byrd seconded and the approval was unanimous. L. Approval of Professional Services Contract with Sizemore Group as consultant for the Bells Ferry Corridor LCI Study Plan and authorize Chairman to sign upon ARC approval County s portion is $25,000. Commissioner Mahurin made a motion to approve; Commissioner Hubbard seconded and the vote was for unanimous approval. COUNTY ATTORNEY M. Request by Michelle McKinney with ASCAP (American Society of Composers, Authors & Publishers) for the County to execute a licensing agreement to cover the public performance of ASCAP music along with a licensing fee of $1, for a licensing period of one (1) year Mr. Mahler was directed by the Board to send a letter requesting more specific information as to what songs by any ASCAP artists had been played, when they were played, and where they were played. N. Request for Quit Claim Deed to New Hope Baptist Church for one-half of the right-of-way along Oak Crest Circle, measuring from the center line and immediately adjacent to and contiguous to the property of New Hope Baptist Church (the County does not necessarily claim any interest in the above) Commissioner Johnston made a motion to approve; Commissioner Hubbard seconded and the request was unanimously approved. O. Petition by Charles and Patricia Wehunt for legacy lot status to allow daughter to build house on one acre of land out of 8.5+/- acres located at 975 Soap Creek Road Commissioner Johnston made a motion to postpone until the next meeting in order to obtain further information; Commissioner Hubbard seconded and the motion was unanimously approved. 5

6 P. Request to name a private road, off Spearman Lane, as Possum Trot Lane for E-911 purposes from Bobby Holtzclaw and Elliot Johnson Commissioner Hubbard made a motion to approve the request; Commissioner Mahurin seconded and the request was unanimously approved. Q. Request for legacy lot status from Barbara Dezell who said that she and her husband currently lived in Ball Ground off Arnold Spence Road. Their property which consists of 6 acres is off an access easement and because of the requirement that property off an access easement can only be subdivided once, they could not build a 2 nd house in order to provide care for the husband s mother and father. Commissioner Johnston made a motion to set aside the requirement of the access easement and allow two homes to be served by the access easement; Commissioner Hubbard seconded the motion and the request was unanimously approved. ANNOUNCEMENTS Commissioner Mahurin to announce National Safe Kids Week April 30-May 7 th, 2005; Safe Kids of Georgia in cooperation with Walsh Chevrolet in Canton will host Car Seat inspections on Saturday May 7 th at Walsh Chevrolet Chairman Byrd to announce Pecan Drive road closing - Amendment ADJOURN Chairman Byrd asked for a motion to adjourn; Commissioner Hubbard made a motion to adjourn the regular meeting at 6:50 p.m. Commissioner Johnston seconded and the motion to adjourn was unanimously approved. 6