6/7/2012 - Board of Commissioners Summary

MEMBERS PRESENT:
Jim Boff, Chairman; Patrick B. Bell, Vice Chairman; Todd Levent, Secretary; Brian R. Tam, Member

ABSENT:
Ralph J. Amos, Member



Below is a brief agenda summary.
The official minutes will be published at a later date.



I. Call Meeting to Order
Called to order @ 5:02 p.m.

II. Invocation and Pledge of Allegiance

III. Adoption of Agenda
Adopted as amended.

IV. Announcements and Reports

(1) Mason Lord, a recent graduate of Riverwatch Middle School, presented his speech on leadership.

(2) Commissioner Tam read into the record and presented a Resolution of recognition and commendation to Mason Lord for his outstanding leadership and community involvement.

V. Public Comments
No speakers

VI. Adoption of Minutes:

(1) Regular Meeting of May 17, 2012
Adopted 4-0 with Commissioner Amos absent.

(2) Work Session and Executive Session of May 22, 2012
Adopted 4-0 with Commissioner Amos absent.

(3) Special Called Meeting of May 24, 2012
Adopted 4-0 with Commissioner Amos absent.
VII. Consent Agenda:

Adopted 4-0 as amended, with Commissioner Amos absent.

(1) Adoption of Resolution authorizing Affidavit concerning Executive Session of May 22, 2012.

(2) Ratification of the following items that were discussed and unanimously approved at a Work Session held on May 22, 2012:

(A) Board authorization to proceed with Public Hearings regarding modifications to the Forsyth County Solid Waste Ordinance (Ordinance #84) – Manager of Environmental Programs/County Attorney.
This item was moved to New Business #2.

(B) Board authorization to proceed with Public Hearings regarding modifications to the Forsyth County Sign Ordinance (Ordinance #74) – Director of Planning & Community Development.

VIII. Public Hearings:

(1) Request approval of Alcohol Licenses as follows: (Director of Planning & Community Development)

(A) Patloc, LLC d/b/a Local Kitchen & Tap, Named Licensee is Michael J. Patota, application to sell Distilled Spirits, Malt Beverages (Beer) and Wine for Consumption on the Premises – AL120565 – District #2
Approved 4-0 with Commissioner Amos absent.

(B) Mexicano Grill, Inc. d/b/a Fresh Mexicano Grill, Named Licensee is Yhan J. Moreno, application to sell Distilled Spirits, Malt Beverages (Beer) and Wine for Consumption on the Premises – AL120566 – District #2
Approved 4-0 with Commissioner Amos absent.

(C) Resh Nik, LLC d/b/a Liquor, Named Licensee is Sonia Mir, application to sell Distilled Spirits, Malt Beverages (Beer) and Wine by the Package – AL120567 – District #2
Approved 4-0 with Commissioner Amos absent.

(2) Second reading of proposed amendments to the Forsyth County Records Retention Ordinance (Ordinance #90) specifically to update to the 2010 Records Retention Schedules promulgated by the Secretary of State, Division of Archives and History – County Attorney.
(The first Public Hearing was held 05/03/12).
Approved 4-0 with Commissioner Amos absent.



(3) First reading of proposed modifications to the Forsyth County Alcohol Ordinance (Ordinance #68) regarding sanctions for employee sales permits – County Attorney.
Public Hearing was held - No action taken. A second Public Hearing is scheduled for June 21st.

(4) First reading of proposed modifications to the Forsyth County Alcohol Ordinance (Ordinance #68) regarding “discounted drink” sales – County Attorney.
Public Hearing was held - No action taken. A second Public Hearing is scheduled for June 21st.

(5) First reading of proposed modifications to the Forsyth County Sign Ordinance (Ordinance #74) regarding banners, nonconforming signs, monument signs as well as signage lighting in residential zoning districts – Director of Planning & Community Development.
Public Hearing was held - No action taken. A second Public Hearing is required.

(6) Proposed modifications to the Forsyth County Unified Development Code (UDC) regarding Chapter 16, Accessory Structures in residential districts - Director of Planning & Community Development.
(The Planning Commission held a Public Hearing on March 7, 2012 and again on April 24, 2012).
Public Hearing was held. The Board voted 3-1, with Commissioner Amos absent and Commissioner Bell opposed, to postpone this item to the June 26th Work Session Agenda.

(7) Request by SR Companies, LLC for a variance to the Forsyth County Unified Development Code (UDC), Table 11.2(b) to allow lots 12, 13, 18, 19 and 20 in The Gables at Stoney Point Subdivision to have front yard setbacks of 20 feet instead of the required 30 feet – VA120022 – District #2 – Director of Planning & Community Development.
Public Hearing was held. Approved 4-0 with Commissioner Amos absent.

(8) Request by Jeramy Ragsdale to amend zoning conditions placed on ZA3450 (Outer Marker Properties, LLC) – AZ120007 - District #2 – Director of Planning & Community Development.
Public Hearing was held. Approved 4-0 with Commissioner Amos absent.

(9) Request by Rochester & Associates, Inc. for approval of a Sketch Plat for 13 residential lots on 71.07 acres currently zoned R2R – SP110004 - District #5 – Director of Planning & Community Development.
Public Hearing was held. Approved 4-0 with conditions as displayed and read into the record (with Commissioner Amos absent).




(10) County initiated request to rezone property owned by James S. Mashburn Trust and Mashburn Farms, L.P., ZA3595, from RES4 to RES6 (Map 252, Parcel 010) – District #4 – Director of Planning & Community Development.
(Postponed from 05/03/12 Agenda – Commissioner Amos recused).
Postponed to 07/05/12.

(11) County initiated request to rezone property owned by Jeff Cross, ZA3596, from A1 to NS (Map 119, Parcel 014) – District #4 – Director of Planning & Community Development.
Public Hearing was held. Approved 4-0 with Commissioner Amos absent.


IX. Old Business:

None


X. New Business:

(1) Request approval of General Release and Settlement Agreement between James S. Mashburn Trust and Mashburn Farms, L.P. and Buckhorn Ventures, L.L.C. and Forsyth County – County Attorney.
Postponed to 07/05/12.

(2) Board authorization to proceed with Public Hearings regarding modifications to the Forsyth County Solid Waste Ordinance (Ordinance #84) – Manager of Environmental Programs/County Attorney.
This item was moved from the Consent Agenda to New Business. The Board voted 4-0, with Commissioner Amos absent, to postpone this item to the June 26th Work Session for further discussion.


XI. 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) Thunderbird Lanes, LLC d/b/a Stars and Strikes located @ 133 Merchants Square, Cumming – District #1:

(i) Administrative Hearing for Casey M. Canouse, Named Employee
(Postponed from 04/05/12 Agenda).
Postponed to 07/05/12.

(B) Cork & Barrel, Inc. d/b/a Cork & Barrel located @ 5525 Bannister Road, Cumming – District #4:

(i) Administrative Hearing for Austin Wehunt, Named Employee
(Postponed from 05/03/12 Agenda).
The Board voted 4-0, with Commissioner Amos absent, to suspend the employee’s Alcohol Sale Permit for 30 days starting today (June 7th).

(ii) Administrative Hearing for Hunter Wehunt, Named Licensee
(Postponed from 05/03/12 Agenda).
The Board voted 4-0, with Commissioner Amos absent, to place a warning letter in the file.

(C) El Porton of Midway, Inc. d/b/a El Porton Mexican Restaurant #13 located @ 4902 Atlanta Highway, Alpharetta – District #3:

(i) Administrative Hearing for Laura Stallings, Named Employee
The Board voted 4-0, with Commissioner Amos absent, to suspend the employee’s Alcohol Sale Permit for 30 days. The employee may pick the 30 days of suspension as long as they are consecutive and must be within the next 90 days and the employee must notify the Director of Planning & Community Development with the dates by Monday, June 11th.

(ii) Administrative Hearing for Rafael Munoz, Named Licensee
Postponed to 07/05/12

(D) War Hill Investments, Inc. d/b/a Noor’s Mini Mart located @ 8585 Browns Bridge Road, Gainesville – District #4:

(i) Administrative Hearing for Noor Jan, Named Licensee
The Board voted 4-0, with Commissioner Amos absent, to put a warning letter in the file and send a copy to Mr. Jan.

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

(i) Administrative Hearing for Srinivas Varaganti, Named Licensee
The Board voted 4-0, with Commissioner Amos absent, to place a warning letter in the file.

(2) Administrative Hearing involving the Amelia Bay Company appeal of Notice of Violation and appeal of Cease and Desist Order related to the Forsyth County Sewer Use Ordinance – County Attorney.
Postponed to 06/21/12.

XII. Recess Regular Meeting

XIII. Executive Session if Needed

XIV. Adjournment
Adjourned @ 7:49 p.m.