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FORSYTH COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING/PUBLIC HEARINGS
MAY 3, 2012
On Thursday, May 3, 2012 at 3:00 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: Jim Boff Chairman, Patrick B. Bell Vice Chairman, Todd Levent Secretary, Doug Derrer County Manager, Tim Merritt Deputy County Manager, Sonya Bush Clerk and Cindy Henderson Deputy Clerk.
Commissioner Amos and Commissioner Tam were absent during this portion of the meeting.
AGENDA
FORSYTH COUNTY BOARD OF COMMISSIONERS
THURSDAY, MAY 3, 2012 @ 3:00 P.M.
FORSYTH COUNTY ADMINISTRATION BUILDING
110 EAST MAIN STREET - SUITE 220
CUMMING, GEORGIA 30040
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.
V. Invocation and Pledge of Allegiance
VI. Adoption of Agenda
VII. Announcements and Reports:
(1) Recognition of the 2012 Fire Safety Poster Contest winners Fire Chief
(2) Presentation of awards for 25 years of service with Forsyth County Government Director of Personnel Services
VIII. Public Comments
IX. Adoption of Minutes:
(1) Regular Meeting/Public Hearing and Executive Session of April 19, 2012
(2) Work Session and Executive Session of April 24, 2012
X. Consent Agenda:
(1) Adoption of Resolutions authorizing Affidavits concerning Executive Sessions of April 19, 2012 and April 24, 2012.
(2) Request by the Director of Engineering for acceptance of right-of-way as County maintained roads with 18 month maintenance period and establish 25 m.p.h. as follows:
(A) Sentinel Chase (District #2)
(i) Sentinel Chase Way
(ii) Sentinel Court
(B) Cheswyck Phase 1 (District #2)
(i) Cobblestone Lane
(ii) Ellesmere Drive
(iii) Fulham Court
(iv) Balfern Court
(C) Fowler Mill Phase 2 (District #3)
(i) Meadow Hill Drive
(ii) Meadow Forest Court
(3) Ratification of the following items that were discussed and unanimously approved at a Work Session held on April 24, 2012:
(A) Board adoption of Resolution to amend Policy 9, Section 14 (Leave of Absence) and Policy 11, Section 8 (Procedures for Testing related to Drug and Alcohol Free Workplace) of the Forsyth County Employee Handbook Director of Personnel Services.
(B) Board authorization to proceed with pre-treatment program for the Water & Sewer Department Procurement Director.
(C) Board approval to purchase a Caterpillar Backhoe Loader through the National Joint Purchasing Alliance Procurement Director.
(D) Board approval of GEMS Revenue Management System Module Software Licensing, Maintenance and Support Reduction with MS Govern for the Information Systems & Technology Department - Procurement Director
(E) Board acceptance of the following bids: (Procurement Director)
(i) Bid 12-21-3150 for the reclamation of Chattahoochee Road
(ii) Bid 12-23-3150 for the intersection improvement, PEI65, S.R. 371 at Pittman Road
(F) Board approval of Right-of-Way Easement between Forsyth County and Sawnee Electric Membership Corporation for property located at 2755 Caney Road, Cumming, Georgia County Attorney.
(G) Board approval of Right-of-Way Easement between Forsyth County and Sawnee Electric Membership Corporation for property located at 2205 Echols Road, Cumming, Georgia County Attorney.
(H) Board approval of lease modification with SAFFT (Supporting Adoption & Foster Families, Together, Inc.) Commissioners Boff/Tam.
(I) Board approval to release Jailbusters, Inc. from lease agreement County Manager/County Attorney.
(J) Board authorization for the county attorney to draft a Drug Paraphernalia ordinance and place on a future agenda for a Public Hearing County Attorney.
XI. Public Hearings:
(1) Request approval of a Pawn Shop License for Pesos, Inc. d/b/a The Vault, located @ 599 Atlanta Road, Cumming Named Licensee is Steven J. Keeter PW120030 District #1 Director of Planning & Community Development.
(2) Request approval of Alcohol Licenses as follows: (Director of Planning & Community Development)
(A) GGT Group, LLC d/b/a Mia Ristorante Italiano, Named Licensee is Giuseppe A. Grella, application to sell Distilled Spirits, Malt Beverages (Beer) and Wine for Consumption on the Premises AL120532 District #1.
(B) Yab Business, Inc. d/b/a Shell Food Mart #66, Named Licensee is Rafiq R. Ali, application to sell Malt Beverages (Beer) and Wine by the Package AL120563 District #5.
(C) Sharin, Inc. d/b/a Chevron Food Mart, Named Licensee is Yasmeen Hakani, application to sell Malt Beverages (Beer) and Wine by the Package AL120564 District #3.
(3) Request approval of change in individual Named Licensee as follows: (Director of Planning & Community Development)
(A) Change in individual Named Licensee to Emily Suzanne Taylor for Red Robin International, Inc. d/b/a Red Robin Americas Gourmet Burgers and Spirits for an existing license to sell Malt Beverages (Beer), Wine and
Distilled Spirits for Consumption on the Premises AL120030 District #2.
(B) Change in individual Named Licensee to Donna Lindquist for Ingles Markets, Inc. d/b/a Ingles Markets, Inc. #106 for an existing license to sell Malt Beverages (Beer) and Wine by the Package AL120079 District #3.
(C) Change in individual Named Licensee to Bradley Craig Pembroke for Ingles Markets, Inc. d/b/a Ingles Markets, Inc. #455 for an existing license to sell Malt Beverages (Beer) and Wine by the Package AL120088 District #1.
(D) Change in individual Named Licensee to Brian Aultman for Ingles Markets, Inc. d/b/a Ingles Markets, Inc. #456 for an existing license to sell Malt Beverages (Beer) and Wine by the Package AL120108 District #4.
(4) First reading of proposed amendments to the Forsyth County Records Retention Ordinance (Ordinance #90) specifically to update the 2010 Records Retention Schedules promulgated by the Secretary of State, Division of Archives and History County Attorney.
(5) Second reading of proposed Third Party Inspection Ordinance Director of Planning & Community Development
(First Public Hearing was held 04/05/12)
(6) Second reading of proposed changes to the Unified Development Code (UDC) as follows: (Director of Planning & Community Development)
(First Public Hearing was held 02/28/12 before the Planning Commission)
Chapter 3 (Tables 11.1(a), 11.1(b), 12.1, 14.1 and 15.1) - addition of bee keeping requirements
Chapter 3 - modifications to the definition of church
Chapter 3 - modifications to the definition of Septic Tank System
(Note: This item was also heard at a Public Hearing held on 04/05/12).
(7) Second reading of proposed amendments to the Unified Development Code (UDC), Chapter 9 (Zoning & Overlay Districts) and Chapter 21 (Overlay Districts) as follows: (Director of Planning & Community Development)
(First Public Hearing was held 03/27/12 before the Planning Commission)
Establishment of the Atlanta Highway - McFarland Parkway - Mullinax Road Overlay District
Extension of the Peachtree Parkway Overlay District
Campground-Post-Castleberry-Shiloh-Pittman-Kelly Mill Road Overlay District
(8) Request by Ethan Underwood on behalf of D.R. Horton, Inc. for variances to the Forsyth County Unified Development Code (UDC), Table 11.2(b) to allow lots in Saybrook Subdivision to have side yard setbacks of five (5) feet with ten (10) feet between foundations and Chapter 18-2.4 and Chapter 18-4.5 to allow lots in Saybrook Subdivision to have a minimum lot width of 45 feet at the front building line VA120020 District #1 Director of Planning & Community Development.
(9) County initiated request to rezone property owned by James S. Mashburn Trust, ZA3595, from RES4 to RES6 (Map 252, Parcel 010) District #4 Director of Planning & Community Development.
(10) Proposed finished and raw water Intergovernmental Agreement between Forsyth County and the City of Cumming County Attorney.
XII. Old Business:
(1) Authorization to condemn utility easements along Nancy Reagan Drive County Attorney.
(Postponed from 04/05/12 Agenda).
(2) Extension of Raw and Finished Water Contracts between the City of Cumming and Forsyth County County Attorney.
(A Public Hearing was held 04/05/12 Decision was postponed from 04/19/12 Agenda).
XIII. New Business:
(1) Consideration of removing from the Table a Sewer Reservation Agreement with M&N Properties for 1,576 gpd of sewer capacity Fowler WRF District #3 Commissioners Levent/Boff.
(Tabled 02/16/12)
XIV. Administrative Hearings:
(1) Administrative Hearings in reference to violations to the Forsyth County Alcohol Ordinance (Ordinance #68) as follows: (Director of Planning & Community Development)
(A) Thunderbird Lanes, LLC d/b/a Stars and Strikes located @ 133 Merchants Square District #1:
(i) Administrative Hearing for Christopher Albano, Named Licensee
(Postponed from04/05/12 Agenda).
(B) Cork & Barrel, Inc. d/b/a Cork & Barrel located @ 5525 Bannister Road, Cumming District #4:
(i) Administrative Hearing for Austin Wehunt, Named Employee
(ii) Administrative Hearing for Hunter Wehunt, Named Licensee
(C) War Hill Investments, Inc. d/b/a Noors Mini Mart located @ 8585 Browns Bridge Road, Gainesville District #4:
(i) Administrative Hearing for Kenneth R. Watson, Named Employee
(ii) Administrative Hearing for Noor Jan, Named Licensee
(D) Pizzeria Azzurri, Inc. d/b/a Pizzeria Azzurri located @ 3560 Browns Bridge Road, Suite 1200, Cumming District #1:
(i) Administrative Hearing for Kaitlyn Polgar, Named Employee
(ii) Administrative Hearing for Jon Eddleman, Named Licensee
XV. Recess Regular Meeting
XVI. Executive Session if Needed
XVII. Adjournment
Chairman Boff recognized a quorum and called the meeting to order.
There was a motion by Commissioner Bell and a second by Commissioner Boff to recess the Regular Meeting/Public Hearings until 5:00 p.m. Motion carried with three members in favor (Boff, Bell and Levent) and two members absent (Amos and Tam).
There was a motion by Commissioner Amos and a second by Commissioner Levent to come out of recess and reconvene the Regular Meeting/Public Hearings. Motion carried unanimously.
All Commissioners were present along with the County Attorney.
The Invocation and Pledge of Allegiance were given by Chairman Boff.
ADOPTION OF AGENDA
PUBLIC HEARINGS
There was a motion by Commissioner Amos and a second by Commissioner Bell to allow Public Hearing, Item #1 (Request approval of a Pawn Shop License for Pesos, Inc. d/b/a The Vault, located @ 599 Atlanta Road, Cumming Named Licensee is Steven J. Keeter PW120030 District #1) to be withdrawn. Motion carried unanimously.
OLD BUSINESS
There was a motion by Commissioner Tam and a second by Commissioner Bell to postpone Old Business, Item #2 (Extension of Raw and Finished Water Contracts between the City of Cumming and Forsyth County) to the Regular Meeting of May 17, 2012.
Prior to the vote, Commissioner Amos recused himself from discussion/vote regarding Old Business, Item #2.
Motion defeated with two members in favor (Bell and Tam), two members in opposition (Boff and Levent) and one member recused (Amos).
There was a motion by Commissioner Bell and a second by Commissioner Amos to postpone Old Business, Item #1 (Authorization to condemn utility easements along Nancy Reagan Drive) to the Work Session of September 11, 2012 at the request of the County Attorney. Motion carried unanimously.
ADMINISTRATIVE HEARINGS
There was a motion by Commissioner Bell and a second by Commissioner Amos to postpone Administrative Hearing, Item #1(B)(i) (Administrative Hearing for Austin Wehunt, Named Employee, Cork & Barrel, Inc. d/b/a Cork & Barrel located @ 5525 Bannister Road, Cumming District #4) & Item #1(B)(ii) (Administrative Hearing for Hunter Wehunt, Named Licensee, Cork & Barrel, Inc. d/b/a Cork & Barrel located @ 5525 Bannister Road, Cumming District #4) to the Regular Meeting/Public Hearings of June 7, 2012. No vote was taken.
There was a motion by Commissioner Levent and a second by Commissioner Boff to adopt the agenda as amended. Motion carried unanimously.
UNDER ANNOUNCEMENTS AND REPORTS THE FOLLOWING ACTIONS WERE TAKEN:
Firefighter Andrea Noble of the Forsyth County Fire Department Fire Prevention Division recognized the 2012 Fire Safety Poster Contest winners and runners up. The three winners were: Noah Wetz (Whitlow Elementary), Wesley McGee (Whitlow Elementary) and Connor Slabiak (Whitlow Elementary). The three runners up were: Mason Chester (Sawnee Elementary), Julia-Claire Anderson (Sharon Elementary) and Kayden Shuster (Matt Elementary).
The Board of Commissioners along with Pat Carson, Director of Personnel Services, presented service award plaques to the following employees in recognition of having reached 25 years of service during the first quarter of 2012:
Dennis Barron Tax Commissioners Office
Robert Waddell Sheriffs Office
William Vaughn Roads & Bridges
UNDER PUBLIC COMMENTS THE FOLLOWING PERSONS ADDRESSED THE BOARD:
None
UNDER ADOPTION OF MINUTES THE FOLLOWING ACTIONS WERE TAKEN:
Regular Meeting/Public Hearing & Executive Session of April 19, 2012
There was a motion by Commissioner Amos and a second by Commissioner Levent to adopt the minutes of the Regular Meeting/Public Hearing & Executive Session of April 19, 2012. Motion carried unanimously.
Work Session & Executive Session of April 24, 2012
There was a motion by Commissioner Levent and a second by Commissioner Amos to adopt the minutes of the Work Session & Executive Session of April 24, 2012. Motion carried unanimously.
CONSENT AGENDA
There was a motion by Commissioner Levent and a second by Commissioner Tam to approve the Consent Agenda as follows:
Adoption of Resolutions authorizing Affidavits concerning Executive Sessions of April 19, 2012 and April 24, 2012.
Request by the Director of Engineering for acceptance of right-of-way as County maintained roads with 18 month maintenance period and establish 25 m.p.h. as follows:
(A) Sentinel Chase (District #2)
(i) Sentinel Chase Way
(ii) Sentinel Court
(B) Cheswyck Phase 1 (District #2)
(i) Cobblestone Lane
(ii) Ellesmere Drive
(iii) Fulham Court
(iv) Balfern Court
(C) Fowler Mill Phase 2 (District #3)
(i) Meadow Hill Drive
(ii) Meadow Forest Court
Ratification of the following items that were discussed and unanimously approved at a Work Session held on April 24, 2012:
(A) Board adoption of Resolution to amend Policy 9, Section 14 (Leave of Absence) and Policy 11, Section 8 (Procedures for Testing related to Drug and Alcohol Free Workplace) of the Forsyth County Employee Handbook Director of Personnel Services.
(B) Board authorization to proceed with pre-treatment program for the Water & Sewer Department Procurement Director.
(C) Board approval to purchase a Caterpillar Backhoe Loader through the National Joint Purchasing Alliance Procurement Director.
(D) Board approval of GEMS Revenue Management System Module Software Licensing, Maintenance and Support Reduction with MS Govern for the Information Systems & Technology Department - Procurement Director.
(E) Board acceptance of the following bids: (Procurement Director)
(i) Bid 12-21-3150 for the reclamation of Chattahoochee Road
(ii) Bid 12-23-3150 for the intersection improvement, PEI65, S.R. 371 at Pittman Road
(F) Board approval of Right-of-Way Easement between Forsyth County and Sawnee Electric Membership Corporation for property located at 2755 Caney Road, Cumming, Georgia County Attorney.
(G) Board approval of Right-of-Way Easement between Forsyth County and Sawnee Electric Membership Corporation for property located at 2205 Echols Road, Cumming, Georgia County Attorney.
(H) Board approval of lease modification with SAFFT (Supporting Adoption & Foster Families, Together, Inc.) Commissioners Boff/Tam.
(I) Board approval to release Jailbusters, Inc. from lease agreement County Manager/County Attorney.
(J) Board authorization for the county attorney to draft a Drug Paraphernalia ordinance and place on a future agenda for a Public Hearing County Attorney.
Motion carried unanimously.
UNDER PUBLIC HEARINGS THE FOLLOWING ACTIONS WERE TAKEN:
Request for the issuance of an Alcohol License by GGT Group, LLC d/b/a Mia Ristorante Italiano, Named Licensee is Giuseppe A. Grella, application to sell Distilled Spirits, Malt Beverages (Beer) and Wine for Consumption on the Premises AL120532 District #1
There was a motion by Commissioner Amos 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 Amos and a second by Commissioner Levent to close the Public Hearing. Motion carried unanimously.
There was a motion by Commissioner Amos and a second by Commissioner Bell to approve the request for the issuance of an Alcohol License by GGT Group, LLC d/b/a Mia Ristorante Italiano, Named Licensee is Giuseppe A. Grella, application to sell Distilled Spirits, Malt Beverages (Beer) and Wine for Consumption on the Premises (AL120532). Motion carried unanimously.
Request for the issuance of an Alcohol License by Yab Business, Inc. d/b/a Shell Food Mart #66, Named Licensee is Rafiq R. Ali, application to sell Malt Beverages (Beer) and Wine by the Package AL120563 District #5
There was a motion by Commissioner Amos and a second by Commissioner Levent to open the Public Hearing. Motion carried unanimously.
No one spoke in favor or opposition.
There was a motion by Commissioner Levent and a second by Commissioner Tam to close the Public Hearing. Motion carried unanimously.
There was a motion by Commissioner Boff and a second by Commissioner Bell to approve the request for the issuance of an Alcohol License by Yab Business, Inc. d/b/a Shell Food Mart #66, Named Licensee is Rafiq R. Ali, application to sell Malt Beverages (Beer) and Wine by the Package (AL120563). Motion carried unanimously.
Request for the issuance of an Alcohol License by Sharin, Inc. d/b/a Chevron Food Mart, Named Licensee is Yasmeen Hakani, application to sell Malt Beverages (Beer) and Wine by the Package AL120564 District #3
There was a motion by Commissioner Levent and a second by Commissioner Boff to open the Public Hearing. Motion carried unanimously.
No one spoke in favor or opposition.
There was a motion by Commissioner Amos and a second by Commissioner Levent to close the Public Hearing. Motion carried unanimously.
There was a motion by Commissioner Levent and a second by Commissioner Bell to approve the request for the issuance of an Alcohol License by Sharin, Inc. d/b/a Chevron Food Mart, Named Licensee is Yasmeen Hakani, application to sell Malt Beverages (Beer) and Wine by the Package (AL120564). Motion carried unanimously.
Request approval of Change in individual Named Licensee to Emily Suzanne Taylor for Red Robin International, Inc. d/b/a Red Robin Americas Gourmet Burgers and Spirits for an existing license to sell Malt Beverages (Beer), Wine and Distilled Spirits for Consumption on the Premises AL120030 District #2
There was a motion by Commissioner Tam and a second by Commissioner Amos to open the Public Hearing. Motion carried unanimously.
No one spoke in favor or opposition.
There was a motion by Commissioner Amos and a second by Commissioner Levent to close the Public Hearing. Motion carried unanimously.
There was a motion by Commissioner Tam and a second by Commissioner Amos to approve the request for Change in individual Named Licensee to Emily Suzanne Taylor for Red Robin International, Inc. d/b/a Red Robin Americas Gourmet Burgers and Spirits for an existing license to sell Malt Beverages (Beer), Wine and Distilled Spirits for Consumption on the Premises (AL120030). Motion carried unanimously.
Request approval of Change in individual Named Licensee to Donna Lindquist for Ingles Markets, Inc. d/b/a Ingles Markets, Inc. #106 for an existing license to sell Malt Beverages (Beer) and Wine by the Package AL120079 District #3
There was a motion by Commissioner Levent 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 Levent and a second by Commissioner Amos to close the Public Hearing. Motion carried unanimously.
There was a motion by Commissioner Levent and a second by Commissioner Bell to approve the request for Change in individual Named Licensee to Donna Lindquist for Ingles Markets, Inc. d/b/a Ingles Markets, Inc. #106 for an existing license to sell Malt Beverages (Beer) and Wine by the Package (AL120079). Motion carried unanimously.
Request approval of Change in individual Named Licensee to Bradley Craig Pembroke for Ingles Markets, Inc. d/b/a Ingles Markets, Inc. #455 for an existing license to sell Malt Beverages (Beer) and Wine by the Package AL120088 District #1
There was a motion by Commissioner Amos and a second by Commissioner Levent to open the Public Hearing. Motion carried unanimously.
No one spoke in favor or opposition.
There was a motion by Commissioner Amos and a second by Commissioner Tam to close the Public Hearing. Motion carried unanimously.
There was a motion by Commissioner Amos and a second by Commissioner Boff to approve the request for Change in individual Named Licensee to Bradley Craig Pembroke for Ingles Markets, Inc. d/b/a Ingles Markets, Inc. #455 for an existing license to sell Malt Beverages (Beer) and Wine by the Package (AL120088). Motion carried unanimously.
Request approval of Change in individual Named Licensee to Brian Aultman for Ingles Markets, Inc. d/b/a Ingles Markets, Inc. #456 for an existing license to sell Malt Beverages (Beer) and Wine by the Package AL120108 District #4
There was a motion by Commissioner Bell and a second by Commissioner Levent to open the Public Hearing. Motion carried unanimously.
No one spoke in favor or opposition.
There was a motion by Commissioner Bell and a second by Commissioner Levent to close the Public Hearing. Motion carried unanimously.
There was a motion by Commissioner Bell and a second by Commissioner Amos to approve the request for Change in individual Named Licensee to Brian Aultman for Ingles Markets, Inc. d/b/a Ingles Markets, Inc. #456 for an existing license to sell Malt Beverages (Beer) and Wine by the Package (AL120108). Motion carried unanimously.
First reading of proposed amendments to the Forsyth County Records Retention Ordinance (Ordinance #90) specifically to update the 2010 Records Retention Schedules promulgated by the Secretary of State, Division of Archives and History
There was a motion by Commissioner Bell and a second by Commissioner Levent to open the Public Hearing. Motion carried unanimously.
No one spoke in favor or opposition.
There was a motion by Commissioner Bell and a second by Commissioner Levent to close the Public Hearing. Motion carried unanimously.
A second Public Hearing is scheduled for Thursday, June 7, 2012.
Second reading of proposed Third Party Inspection Ordinance
There was a motion by Commissioner Bell and a second by Commissioner Levent to open the Public Hearing. Motion carried unanimously.
No one spoke in favor or opposition.
There was a motion by Commissioner Levent and a second by Commissioner Bell to close the Public Hearing. Motion carried unanimously.
There was a motion by Commissioner Bell and a second by Commissioner Amos to approve the proposed Third Party Inspection Ordinance as presented by the Director of Planning & Community Development. Motion carried with four members in favor (Bell, Levent, Amos and Tam) and one member in opposition (Boff).
Second reading of proposed changes to the Unified Development Code (UDC) as follows: Chapter 3 (Tables 11.1(a), 11.1(b), 12.1, 14.1 and 15.1) - addition of bee keeping requirements; Chapter 3 - modifications to the definition of church and Chapter 3 - modifications to the definition of Septic Tank System
There was a motion by Commissioner Bell and a second by Commissioner Levent to open the Public Hearing. Motion carried unanimously.
Speaking in favor:
Chester Kramarski (definition of Septic Tank System)
Tim Tise (definition of Septic Tank System)
David Savage (definition of Septic Tank System)
Speaking in opposition:
None
There was a motion by Commissioner Bell and a second by Commissioner Amos to close the Public Hearing. Motion carried unanimously.
There was a motion by Commissioner Bell and a second by Commissioner Amos to take these as separate items. Motion carried unanimously.
Chapter 3 (Tables 11.1(a), 11.1(b), 12.1, 14.1 and 15.1) - addition of bee keeping requirements
There was a motion by Commissioner Bell and a second by Commissioner Amos to adopt the modifications to the Unified Development Code (UDC) regarding Chapter 3, (Tables 11.1(a), 11.1(b), 12.1, 14.1 and 15.1) as presented in the agenda books essentially eliminating the recommendation to adopt the best management practices.
There was a motion by Commissioner Boff to amend the original motion to have bees but that the hives must be at least 40 from any property line. Motion to amend died due to lack of a second.
Original motion carried with four members in favor (Bell, Levent, Amos and Tam) and one member in opposition (Boff).
Chapter 3 - modifications to the definition of church
There was a motion by Commissioner Bell and a second by Commissioner Tam to table the modifications to the definition of a church. Motion and second were withdrawn.
There was a motion by Commissioner Bell and a second by Commissioner Tam to withdraw this item and ask staff to present it at a future Work Session when other UDC changes are presented. Motion carried unanimously.
Chapter 3 - modifications to the definition of Septic Tank System
There was a motion by Commissioner Bell and a second by Commissioner Amos to approve the modifications to the definition of a Septic Tank System as presented. Motion carried unanimously.
Second reading of proposed amendments to the Unified Development Code (UDC), Chapter 9 (Zoning & Overlay Districts) and Chapter 21 (Overlay Districts) as follows: Establishment of the Atlanta Highway - McFarland Parkway - Mullinax Road Overlay District; Extension of the Peachtree Parkway Overlay District and Campground-Post-Castleberry-Shiloh-Pittman-Kelly Mill Road Overlay District
There was a motion by Commissioner Levent and a second by Commissioner Bell to open the Public Hearing. Motion carried unanimously.
Speaking in favor:
Jack Gleason
Speaking in opposition:
Ethan Underwood (Peachtree Parkway Overlay)
There was a motion by Commissioner Amos and a second by Commissioner Bell to close the Public Hearing. Motion carried unanimously.
There was a motion by Commissioner Levent and a second by Commissioner Bell to approve the amendment to the UDC, Chapter 9 & Chapter 21 expansion of the Peachtree Parkway Overlay with the exception leaving Castleberry Crossroads Overlay in place where it meets. In addition, adoption of the new Design Overlay District adopting of the roads and fencing landscaping overlay district as shown as well as Overlay maps for Chapter 21 and on the McFarland Parkway Overlay that the 70% rule of the masonry or brick is where its visible from the right-of-way only. Also, on the note for the Peachtree Parkway Overlay that carries up Bethelview that it exempts the residential on the fencing and the plantings.
There was a motion by Commissioner Bell and a second by Commissioner Levent to amend the original motion that the Peachtree/Bethelview Extension Overlay pertains to commercial only. Motion to amend carried unanimously.
Original motion, as amended, carried unanimously.
Request by Ethan Underwood on behalf of D.R. Horton, Inc. for variances to the Forsyth County Unified Development Code (UDC), Table 11.2(b) to allow lots in Saybrook Subdivision to have side yard setbacks of five (5) feet with ten (10) feet between foundations and Chapter 18-2.4 and Chapter 18-4.5 to allow lots in Saybrook Subdivision to have a minimum lot width of 45 feet at the front building line VA120020 District #1
There was a motion by Commissioner Amos and a second by Commissioner Bell to open the Public Hearing. Motion carried unanimously.
Speaking in favor:
Ethan Underwood
R. Judson Hall
Speaking in opposition:
Marti Elliott
There was a motion by Commissioner Amos and a second by Commissioner Tam to close the Public Hearing. Motion carried unanimously.
There was a motion by Commissioner Amos and a second by Commissioner Tam to postpone the decision on this item to the Regular Meeting of May 17, 2012. Motion carried unanimously.
County initiated request to rezone property owned by James S. Mashburn Trust, ZA3595, from RES4 to RES6 (Map 252, Parcel 010) District #4
Commissioner Amos recused himself from this item prior to any discussion/vote due to family ownership interest in this property.
There was a motion by Commissioner Bell and a second by Commissioner Tam to postpone this item to the Regular Meeting/Public Hearings of June 7, 2012. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member recused (Amos).
Proposed finished and raw water Intergovernmental Agreement between Forsyth County and the City of Cumming
Commissioner Amos recused himself from any discussion/vote on this item.
There was a motion by Commissioner Tam and a second by Commissioner Levent to open the Public Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member recused (Amos).
Speaking in favor:
Jack Gleason
Speaking in opposition:
None
There was a motion by Commissioner Levent and a second by Commissioner Boff to close the Public Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member recused (Amos).
There was no action taken.
UNDER OLD BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:
Extension of Raw and Finished Water Contracts between the City of Cumming and Forsyth County
Commissioner Amos recused himself from any discussion/vote on this item.
There was a motion by Commissioner Boff and a second by Commissioner Levent to not request the extension of the Raw & Finished Water Contracts between the City of Cumming and Forsyth County. Motion tied with two members in favor (Boff and Levent), two members in opposition (Bell and Tam) and one member recused (Amos).
Note: The County Attorney advised the Board that pursuant to our rules this matter is postponed until such time as the tie can be broken.
UNDER NEW BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:
Consideration of removing from the Table a Sewer Reservation Agreement with M&N Properties for 1,576 gpd of sewer capacity Fowler WRF District #3
There was a motion by Commissioner Bell and a second by Commissioner Amos to remove from the Table the Sewer Reservation Agreement with M&N Properties for 1,576 gpd of sewer capacity (Fowler WRF) and to place it on the next available Old Business agenda. Motion carried unanimously.
Vice Chairman Bell left the meeting.
Commissioner Levent left the meeting.
Vice Chairman Bell returned to the meeting.
UNDER ADMINISTRATIVE HEARINGS THE FOLLOWING ACTIONS WERE TAKEN:
Administrative Hearing in reference to violations to the Forsyth County Alcohol Ordinance (Ordinance #68) for Christopher Albano, Named Licensee, Thunderbird Lanes, LLC d/b/a Stars and Strikes located @ 133 Merchants Square District #1
There was a motion by Commissioner Amos and a second by Commissioner Bell to open the Administrative Hearing. Motion carried with four members in favor (Boff, Bell, Amos and Tam) and one member absent (Levent).
Christopher Albano, Named Licensee, addressed the Board.
There was a motion by Commissioner Amos and a second by Commissioner Tam to close the Administrative Hearing. Motion carried with four members in favor (Boff, Bell, Amos and Tam) and one member absent (Levent).
There was a motion by Commissioner Amos and a second by Commissioner Tam to issue a letter of warning and to place a copy in the file. Motion carried with four members in favor (Boff, Bell, Amos and Tam) and one member absent (Levent).
Administrative Hearing in reference to violations to the Forsyth County Alcohol Ordinance (Ordinance #68) for Kenneth R. Watson, Named Employee, War Hill Investments, Inc. d/b/a Noors Mini Mart located @ 8585 Browns Bridge Road, Gainesville District #4
There was a motion by Commissioner Bell and a second by Commissioner Boff to open the Administrative Hearing. Motion carried with four members in favor (Boff, Bell, Amos and Tam) and one member absent (Levent).
Kenneth R. Watson, Named Employee, was not present.
There was a motion by Commissioner Bell and a second by Commissioner Amos to close the Administrative Hearing. Motion carried with four members in favor (Boff, Bell, Amos and Tam) and one member absent (Levent).
There was a motion by Commissioner Bell to suspend Mr. Watsons permit and that he not be eligible for a permit until he comes to a hearing. Motion was withdrawn.
There was a motion by Commissioner Bell and a second by Commissioner Amos that if and when Mr. Watson ever applies for an alcohol servers permit that he has to be suspended for 60 days before he can get it. Motion carried with four members in favor (Boff, Bell, Amos and Tam) and one member absent (Levent).
There was a motion by Commissioner Bell and a second by Commissioner Amos to reconsider the last vote. Motion carried with four members in favor (Boff, Bell, Amos and Tam) and one member absent (Levent).
There was a motion by Commissioner Bell and a second by Commissioner Amos to notify the location that the license has been suspended for 60 days and ask them to surrender the employees permit and if the employee is not there or is at any location, upon his application for a permit he will be required to then serve a 60 day suspension. Motion carried with four members in favor (Boff, Bell, Amos and Tam) and one member absent (Levent).
Administrative Hearing in reference to violations to the Forsyth County Alcohol Ordinance (Ordinance #68) for Noor Jan, Named Licensee, War Hill Investments, Inc. d/b/a Noors Mini Mart located @ 8585 Browns Bridge Road, Gainesville District #4
There was a motion by Commissioner Tam and a second by Commissioner Bell to open the Administrative Hearing. Motion carried with four members in favor (Boff, Bell, Amos and Tam) and one member absent (Levent).
Noor Jan, Named Licensee, was not present.
There was a motion by Commissioner Amos and a second by Commissioner Tam to close the Administrative Hearing. Motion carried with four members in favor (Boff, Bell, Amos and Tam) and one member absent (Levent).
There was a motion by Commissioner Bell and a second by Commissioner Boff to suspend the Alcohol License for 30 days beginning May 4. Motion carried with three members in favor (Boff, Bell and Tam), one member in opposition (Amos) and one member absent (Levent).
Administrative Hearing in reference to violations to the Forsyth County Alcohol Ordinance (Ordinance #68) for Kaitlyn Polgar, Named Employee, Pizzeria Azzurri, Inc. d/b/a Pizzeria Azzurri located @ 3560 Browns Bridge Road, Suite 1200, Cumming District #1
There was a motion by Commissioner Amos and a second by Commissioner Tam to open the Administrative Hearing. Motion carried with four members in favor (Boff, Bell, Amos and Tam) and one member absent (Levent).
Kaitlyn Polgar, Named Employee, addressed the Board.
There was a motion by Commissioner Amos and a second by Commissioner Tam to close the Administrative Hearing. Motion carried with four members in favor (Boff, Bell, Amos and Tam) and one member absent (Levent).
There was a motion by Commissioner Amos and a second by Commissioner Tam to suspend the license of Kaitlyn Polgar for 30 days straight beginning June 1. Motion carried with four members in favor (Boff, Bell, Amos and Tam) and one member absent (Levent).
Administrative Hearing in reference to violations to the Forsyth County Alcohol Ordinance (Ordinance #68) for Jon Eddleman, Named Licensee, Pizzeria Azzurri, Inc. d/b/a Pizzeria Azzurri located @ 3560 Browns Bridge Road, Suite 1200, Cumming District #1
There was a motion by Commissioner Amos and a second by Commissioner Bell to open the Administrative Hearing. Motion carried with four members in favor (Boff, Bell, Amos and Tam) and one member absent (Levent).
Jon Eddleman, Named Licensee, addressed the Board.
There was a motion by Commissioner Amos and a second by Commissioner Tam to close the Administrative Hearing. Motion carried with four members in favor (Boff, Bell, Amos and Tam) and one member absent (Levent).
There was a motion by Commissioner Amos and a second by Commissioner Tam to place a warning letter in the file. Motion carried with four members in favor (Boff, Bell, Amos and Tam) and one member absent (Levent).
There was a motion by Commissioner Bell and a second by Commissioner Amos to adjourn. Motion carried with four members in favor (Boff, Bell, Amos and Tam) and one member absent (Levent).
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Clerk/Deputy Clerk of Commission
The above and foregoing Minutes are hereby certified as being correct and ordered
recorded.
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JIM BOFF, CHAIRMAN
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PATRICK B. BELL, VICE CHAIRMAN
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TODD LEVENT, SECRETARY
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RALPH J. AMOS, MEMBER
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BRIAN R. TAM, MEMBER
For detailed information concerning this meeting please reference the streaming video located on the Forsyth County Web site at www.forsythco.com.
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