1/5/2012 - Board of Commissioners Summary

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AGENDA
FORSYTH COUNTY BOARD OF COMMISSIONERS
THURSDAY, JANUARY 5, 2012 @ 3:00 P.M.
FORSYTH COUNTY ADMINISTRATION BUILDING
110 EAST MAIN STREET - SUITE 220
CUMMING, GEORGIA 30040

MEMBERS PRESENT:

Jim Boff, Chairman; Patrick Bell, Vice Chairman; Todd Levent, Secretary; Ralph J. Amos, Member; Brian Tam, Member;



I. Call Meeting to Order

II. Recess Regular Meeting

III. Executive Session if Needed (3:00 p.m. – 5:00 p.m.)

IV. Reconvene Regular Meeting at 5:00 p.m.
Reconvened @ 5:03 p.m.

V. Invocation and Pledge of Allegiance

VI. Adoption of Agenda
Adopted.

VII. Adoption of Rules and Procedures for 2012
Adopted as amended and presented.

VIII. Election of Officers for 2012

Chairman: Jim Boff
Vice Chair: Patrick Bell
Secretary: Todd Levent

IX. Announcements and Reports:

(1) Presentation of Resolution of Commendation to Cindy J. Mills – Commissioner Bell.

X. Public Comments
Three (3) speakers.



XI. Adoption of Minutes:

(1) Regular Meeting/Public Hearings and Executive Session of December 15, 2011
Approved unanimously.

(2) Work Session and Executive Session of December 27, 2011
Approved unanimously.

XII. Consent Agenda:

The following Consent Agenda items were unanimously approved and ratified.

(1) Adoption of Resolutions authorizing Affidavits concerning Executive Sessions of December 15, 2011 and December 27, 2011.

(2) Ratification of the following items that were discussed and unanimously approved at a Work Session held on December 27, 2011:
(A) Board approval to release SPLOST VI funds for construction of the Post Road Library – Jon McDaniel, Director of Libraries.

(B) Board approval for D.U.I. Court to accept the Forsyth County United Way 2012 Community Grant Award for $5,000 and authorization for the Chairman to sign any award acceptance documents – Grants Manager.

(C) Board approval to renew agreement between Forsyth County and Subsidium, LLC for consulting services beginning January 1, 2012 and ending December 31, 2012 – County Manager.

(D) Board approval of Task Order #13, Contract Amendment 28 with CH2MHill to provide Watershed Support Services – Procurement Director.

(E) Board approval of Change Order #1 with C. W. Matthews to add Vickery Circle, Penny Lane, Washington Way, Berringer Point Drive, Bethel Ridge Court, Swiss Air Point, Bellemeade Place, Walters Circle and Fowler Springs Court to the 2011 resurfacing project – Procurement Director.

(F) Board authorization, subject to legal review, to enter into an Equipment loan/lease agreement with Polytec, Inc. for a chemical feed and control unit for use at the Antioch Water Treatment Plant - Procurement Director.

(G) Board approval to renew the North Georgia Fuel Co-Op Pricing Agreement for gas and diesel fuel for calendar year 2012 – Procurement Director.

(H) Board approval to accept the following bids: (Procurement Director)

(i) Bid 11-115-3340 for sewer spill monitoring and reporting

(ii) Bid 11-112-3150 for as needed traffic signal repairs

(iii) Bid 11-106-3150 for the thermoplastic striping and raised pavement markings for Forsyth County roadways

(iv) Bid 11-105-3150 for the painted striping of various Forsyth County roadways
(v) Bid 11-91-1620 for records storage

(I) Board approval to award RFP 11-111-3150 to CH2MHill with a not to exceed amount of $95,000.00 for Environmental Monitoring – Procurement Director.

(J) Board approval and acceptance of .168 miles extension of Major Drive into the county maintenance road system as outlined in the Road Improvement Policy and Procedures for the construction of a cul-de-sac – District #3 – Director of Engineering.

(K) Board authorization to proceed with Public Hearing process regarding proposed modifications to the UDC regarding septic system siting – Commissioners Bell/Amos.

(L) Board authorization to proceed with Public Hearing process regarding proposed amendments to the Forsyth County Ethics Code regarding the date and scheduling of meetings – County Attorney.

(M) Board ratification of amendment to School Resource Officer Agreement between the Board of Education, the Sheriff’s Office and the Board of Commissioners – County Attorney.

XIII. Public Hearings:

(1) Request approval of change in Named Licensees and renewal of Alcohol Licenses for 2012 as follows: (Director of Planning & Community Development)

(A) Change in Named Licensee to Raul S. Garza and renewal of Alcohol License for 2012 to sell Distilled Spirits, Malt Beverages (Beer) and Wine for Consumption on the Premises for R and J of Alpharetta, Inc. d/b/a Los Maguey Mexican Restaurant – AL120023 - District #3.
(Postponed from 12/15/11 Agenda).
Approved unanimously.

(B) Change in Named Licensee to Mohammed Haque and late renewal of Alcohol License for 2012 to sell Malt Beverages (Beer) and Wine by the Package for Jenny Foods, LLC d/b/a Save Money Food Mart – AL120214 – District #1.
Approved unanimously.

(C) Change in Named Licensee to William Hyde and late renewal of Alcohol License for 2012 to sell Malt Beverages (Beer) and Wine by the Package for Georgia CVS Pharmacy, LLC d/b/a CVS #191 – AL120100 – District #3.
Approved unanimously.

(2) Request approval of late alcohol license renewals for 2012 as follows: (Director of Planning & Community Development)

(A) Late renewal of Alcohol License for 2012 to sell Distilled Spirits, Malt Beverages (Beer) and Wine for Consumption on the Premises for Choco Flan, LLC d/b/a Picante Grill, Named Licensee is John Bartkowski – AL120531 – District #3.
Approved unanimously.




(B) Late renewal of Alcohol License for 2012 to sell Malt Beverages (Beer) and Wine by the Package for KIS Investments, Inc. d/b/a Quick Stop #1, Named Licensee is Srinivas Rao Varganti - AL120097 – District #1.
Approved unanimously.

(3) Request approval of Alcohol Licenses for 2012 as follows: (Director of Planning & Community Development)

(A) Rio Balsas, Inc., Named Licensee is Eddie M. Avellaneda, application to sell Distilled Spirits, Malt Beverages (Beer) and Wine for Consumption on the Premises – AL120551 – District #1.
Approved unanimously.

(B) Chrisom, Inc. d/b/a Cumming Growler Shop, Named Licensee is Susan K. Yi, application to sell Malt Beverages (Beer) and Wine by the Package – AL120552 – District #5.
Approved unanimously.

(C) ECO A. Enterprises, Inc. d/b/a Casa Macias Mexican Restaurant, Named Licensee is Oscar Macias, application to sell Distilled Spirits, Malt Beverages (Beer) and Wine for Consumption on the Premises – AL120554 – District #1.
Approved unanimously.

(4) First reading of proposed modifications to the Forsyth County Alcohol Ordinance (Ordinance #68) specifically to modify the criteria for issuance of an employee alcohol sales permit with respect to automatic disqualifying events and employee alcohol sales permit application requirements – County Attorney.
The first Public Hearing was held. No action taken. A second Public Hearing is scheduled for 01/19/12.

(5) First reading of proposed modifications to the Forsyth County Parks & Recreation Rules & Regulations Ordinance, Chapter 54 of the Code of Ordinances – County Attorney.
A Public Hearing was held; however, the Board unanimously instructed the County Attorney to restructure the ordinance. Due to the new changes to the ordinance, two additional Public Hearings will be required.


(6) First reading of proposed amendments to the Speed Zone Ordinance (Ordinance #78) for the purpose of revising the list of roadways to which it applies – County Attorney/Director of Engineering.
The first Public Hearing was held. No action taken. A second Public Hearing is required.

(7) Second reading of proposed modifications to the Forsyth County Alcohol Ordinance (Ordinance #68), specifically to modify the procedure for measurement of setback distances regarding outlets where alcohol is sold and to modify the pro-ration of license fees – County Attorney.
(First Public Hearing was held 12/01/11).
The Public Hearing was held - unanimously approved as presented and amended.

(8) Second reading of proposed amendments to the Forsyth County Sign Ordinance (Ordinance #74), specifically related to monument sign design and edits related to the Planning Department name change – Director of Planning & Community Development.
(First Public Hearing was held 12/01/11).
The Public Hearing was held – unanimously approved as presented.

(9) Proposed right of way abandonment of a portion of Bridgeman Circle located in Land Lot 358 of the Fourteenth District, First Section of Forsyth County – District #5 – Director of Engineering.
The Public Hearing was held – Board unanimously approved and adopted a Resolution of Road Abandonment as presented in the agenda books.

(10) Request by Emory Lipscomb on behalf of Andy Been to amend zoning conditions placed on ZA3058 (National Land Corporation) and request for a variance to the Forsyth County Unified Development Code, Table 11.2(b) – AZ110030 – District #3 – Director of Planning & Community Development.
Unanimously approved.

(11) Request by Emory Lipscomb on behalf of Ryland Homes for a variance to the Forsyth County Unified Development Code, Table 11.2(b) for Ravenswood Subdivision – VA110059 – District #2 – Director of Planning & Community Development.
Unanimously approved for Lots 16, 19, 20, 21, 22 and 23.


XIV. Old Business:

(1) Request by Paul C. Miller to appeal the approval of a side yard variance by the Zoning Board of Appeals on September 6, 2011 for Daniel Trickel (VA110029) - District #2 – AV110004 – Director of Planning & Community Development.
(Public Hearing was held 11/03/11 – postponed decision from 12/01/11 and 12/15/11 Agendas).
Approved 4-1 to overturn the Zoning Board of Appeals decision and to allow 45 days to have the modifications made in order to bring into compliance.

(2) Nancy Reagan Drive – County Attorney.
(Postponed from 12/06/11 and 12/27/11 Work Session Agendas).
Unanimously approved that the proposed Nancy Reagan Drive Roadway Easement Agreement by and between GIPPER, LLC, TRG Forsyth, LLC and Theraldson Ethanol Plant l, LLC, prepared by TRG and circulated to Forsyth County and Theraldson on or about December 27, 2011 is adequate to satisfy the motion made and approved by the Board of Commissioners at its Work Session on October 7, 2011 and therefore, GIPPER, LLC may proceed with all required permitting necessary for development of its parcel. However, as a further part of this motion, should the parties not be able to agree, the Board of Commissioners directs that this matter be returned to the March 1, 2012 regular agenda for the Board to authorize condemnation of any and all necessary utility easements along Nancy Reagan Drive such as are necessary to serve all the potential development along Nancy Reagan Drive including the Theraldson parcel.

(3) Consideration of First Amendment to Development Agreement between TRG Forsyth, LLC and Forsyth County – County Attorney.
(Postponed from 12/15/11 Agenda).
Unanimously ratified and approved as presented by County Attorney.

XV. New Business:

(1) Appointment of member to the Parks & Recreation Board for Commission District #3 – County Manager/Commissioner Levent.
Unanimously approved to appoint Kimberly Brown to fill the unexpired term of Charlotte Gardner for District #3.

XVI. Administrative Hearings:

(1) Administrative Hearings in reference to violations to the Forsyth County Alcohol Ordinance as follows: (Director of Planning & Community Development/County Attorney)

(A) Neal Retail, Inc. d/b/a Chevron located @ 4325 Browns Bridge Road – District #5:

(i) Administrative Hearing for Joseph Underwood, Named Employee.
Suspended Alcohol Sale Permit for 30 days with a reinstatement fee of $50 – unanimously approved.

(ii) Administrative Hearing for Chirag Patel, Named Licensee.
Suspended license for 10 days which must be accumulated within one month from today’s date. Licensee may choose the days that the business will be closed but must report to and coordinate with Deborah Ertzberger, Business Licensee Coordinator, regarding the closed days – unanimously approved.
(B) Midelvia Macias d/b/a Fajitas Grill #3 located @ 3952 Canton Highway – District #1:

(i) Administrative Hearing for Guadalupe Silvero, Named Employee.
Suspended employee’s alcohol sale permit for 30 days – unanimously approved.

(ii) Administrative Hearing for Midelvia Macias, Named Licensee.
Issued a warning – unanimously approved.

(C) CMP Three, LLC d/b/a Mangia Ristorante and Pizzeria located @ 5354 McGinnis Ferry Road, Suite 220 – District #2:

(i) Administrative Hearing for Alexandra Sanborn, Named Employee.
Suspended alcohol sale permit for 30 days – unanimously approved.

(ii) Administrative Hearing for Charles Crawford, Named Licensee.
Issued a warning – unanimously approved.

(D) Shiraz Food & Wine, LLC d/b/a Shiraz Mediterranean Cafι located @ 5220 McGinnis Ferry Road – District #2:

(i) Administrative Hearing for Anthony Poton, Named Employee.
Employee did not attend the hearing. The Board requested that the business owner surrender the employee’s alcohol sale permit to the Planning & Community Development Office and the employee will not be eligible for another permit for 30 days starting tomorrow (01/06/12) – unanimously approved.

(ii) Administrative Hearing for Shohreh V. Golshani, Named Licensee.
Issued a warning – unanimously approved.

(E) KIS Investment, Inc. d/b/a Quick Stop #1 located @ 2383 Canton Highway – District #1:

(i) Administrative Hearing for Gaurank Patel, Named Employee.
Suspended employee’s ability to sell alcohol for 30 days beginning 01/09/12 – unanimously approved.

(ii) Administrative Hearing for Srinivas Varaganti, Named Licensee.
Issued a warning – unanimously approved.

(F) Simorgh Enterprises, Inc. d/b/a Texaco Food Mart located @ 7110 McGinnis Ferry Road, Suite A – District #2:

(i) Administrative Hearing for Leslie D. Vermazani, Named Employee.
Suspended permit to sell alcohol beginning tomorrow (01/06/11) – unanimously approved.

(ii) Administrative Hearing for Salar F. Vermazani, Named Licensee.
Issued a warning – unanimously approved.

XVII. Recess Regular Meeting

XVIII. Executive Session if Needed

XIX. Adjournment
Adjourned @ 8:21 p.m.


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FORSYTH COUNTY GOVERNMENTPhone: 770-781-2101
Fax: 770-781-2199