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FORSYTH COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING/PUBLIC HEARINGS
JULY 5, 2012
On Thursday, July 5, 2012 at 5:00 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, Ralph J. Amos - Member, Brian R. Tam - Member, Doug Derrer - County Manager, Tim Merritt - Deputy County Manager, Chris Hamilton - Jarrard & Davis and Sonya Bush - Clerk.
AGENDA
FORSYTH COUNTY BOARD OF COMMISSIONERS
THURSDAY, JULY 5, 2012 @ 5:00 P.M.
FORSYTH COUNTY ADMINISTRATION BUILDING
110 EAST MAIN STREET - SUITE 220
CUMMING, GEORGIA 30040
I. Call Meeting to Order
II. Invocation and Pledge of Allegiance
III. Adoption of Agenda
IV. Announcements and Reports
V. Public Comments
VI. Adoption of Minutes:
(1) Regular Meeting/Public Hearings and Executive Session of June 21, 2012
(2) Work Session and Executive Session of June 26, 2012
VII. Consent Agenda:
(1) Adoption of Resolutions authorizing Affidavits concerning Executive Sessions of June 21, 2012 and June 26, 2012.
(2) Renewal of Metro Ethernet Service Agreement with AT&T for the IS&T Department - Procurement Director.
(Previously approved 05/17/12 pending legal review).
(3) Adoption of Resolution in recognition of Bobbie Echols for her outstanding service to the community - Commissioner Amos.
(4) Ratification of the following items that were discussed and unanimously approved at a Work Session held on June 26, 2012:
(A) Board approval to purchase three passenger vehicles for the Fire Department - Fire Chief.
(B) Board approval of Amendment to Local Government Agreement, STP-0002-00(392), P.I. Number 0002392, between GDOT and Forsyth County for State Route 20 from Samples Road to James Burgess Road - STP00-2348-00(003) - Director of Engineering.
(C) Board approval of Task Order with CH2M Hill for the Shakerag Water Reclamation Facility - Procurement Director.
(D) Board approval of Task Order with Black & Veatch for the Shakerag Gravity Sewer line - Procurement Director.
(E) Board acceptance of Bid 12-45-5212 for as needed sports lighting repairs and maintenance - Procurement Director.
(F) Board directive to staff to research and bring back options for consideration regarding proposed modifications to the Forsyth County Unified Development Code (UDC), Chapter 16 - Accessory Structures in residential districts - Director of Planning & Community Development.
(G) Board approval to NOT opt out of a pending class action settlement of City of Rome/Hart County v. Hotels.com - County Attorney.
(H) Board appointment of Jerry Adams as the Citizen Stakeholder on the Forsyth County 911 Center Advisory Board - County Manager.
(I) Board approval of Real Estate Purchase and Sale Agreement between GE Commercial Finance Business Property Corporation and Forsyth County for property located @ 1230 Bald Ridge Marina Road - County Attorney.
VIII. Public Hearings:
(1) Property Tax Hearing regarding tentatively adopted Millage Rates - Director of Finance/CFO.
(2) Request change in individual Named Licensee to Robert Harrison for Red Robin International, Inc. d/b/a Red Robin America¡¯s Gourmet Burgers and Spirits for an existing license to sell Distilled Spirits, Malt Beverages (Beer), and Wine for Consumption on the Premises - AL120030 - District #2 - Director of Planning & Community Development.
(3) Request approval of Alcohol Licenses as follows: (Director of Planning & Community Development)
(A) Clipper Petroleum, Inc. d/b/a Circle M Food Shop #70, Named Licensee is Tom L. Bower, III, application to sell Malt Beverages (Beer) and Wine by the Package - AL120569 - District #3.
(B) Carrabba¡¯s Italian Grill, LLC d/b/a Carrabba¡¯s Italian Grill, Named Licensee is Jaimie Cullinan, application to sell Distilled Spirits, Malt Beverages (Beer) and Wine for Consumption on the Premises - AL120568 - District #2.
(4) First reading of proposed ordinance regulating substances that mimic the effects of marijuana or synthetic cannabinoids (a/k/a ¡°Spice¡± or ¡°K2¡±) that are not otherwise regulated by State law - County Attorney.
(5) First reading of proposed amendments to the Forsyth County Animal Control Ordinance (Ordinance #11) regarding regulations governing dangerous dogs and potentially dangerous dogs with new regulations governing dangerous dogs and vicious dogs pursuant to changes in State law - County Attorney.
(6) Second reading of proposed changes to the Sign Ordinance (Ordinance #74) regarding banners, nonconforming signs, monument signs as well as signage lighting in residential zoning districts - Director of Planning & Community Development.
(The first Public Hearing was held 06/07/12)
(7) Request by Ethan Underwood on behalf of Living Faith Lutheran, Inc. for approval of a Sketch Plat for a church with a Conditional Use Permit for a school and daycare with 40,000 square feet of total building area with 127 parking spaces on property currently zoned CBD and a request for a variance to the Forsyth County Unified Development Code, Chapter 18-5.18 (sewer distance requirement) - SP110003 - District #1 - Director of Planning & Community Development.
(8) Request by Ethan Underwood on behalf of D.R. Horton, Inc. to amend zoning conditions placed on VA120020 (D.R. Horton) - AZ120008 - District #1 - Director of Planning & Community Development.
(9) Request by Ethan Underwood on behalf of D.R. Horton, Inc. to amend zoning conditions placed on ZA2737 (Carson Developments, Inc.) - AZ120009 - District #2 - Director of Planning & Community Development.
(10) Request by Ethan Underwood on behalf of D.R. Horton, Inc. to amend zoning conditions placed on ZA3189 (CRM Developments) - AZ120010 - District #3 - Director of Planning & Community Development.
(11) Request by D.R. Horton, Inc. for a variance to the Forsyth County Unified Development Code, Table 11.2(b) to reduce side setbacks, rear setbacks and front setbacks on lots in Cheswyck Subdivision - this request involves lots 16, 20, 21, 25, 26, 27, 29, 30, 34, 35, 36 and 39 - VA120028 - District #2 - Director of Planning & Community Development.
(12) Request by Howard Carson on behalf of Rock Farms Holdings, LLC to amend zoning conditions placed on ZA3304 (Carson Developments) and a request for a variance to the Forsyth County Unified Development Code, Table 11.2(b) to allow 15 feet between structures - AZ120011 - District #3 - Director of Planning & Community Development.
(13) Request by Emory Lipscomb on behalf of Diversified Real Estate Group to amend zoning conditions placed on ZA3509 (Diversified Asset Planning, LLC) - AZ120012 - District #3 - Director of Planning & Community Development.
(14) Request by Ethan Underwood on behalf of Lennar Georgia, Inc. to amend zoning conditions placed on ZA3145 (TPA Realty Services) and a request for variances to the Forsyth County Unified Development Code, Table 11.2 (b) and Chapter 16-4.26(E) to allow reductions in the front yard, side yard, exterior yard and open space requirements - AZ120013 - District #2 - Director of Planning & Community Development.
(15) Request by GC Edge Properties, LLC for a variance to the Forsyth County Unified Development Code, Table 11.2(b) to allow lots in The Overlook at James Creek Subdivision to have side yard setbacks of five (5) feet with ten (10) feet between foundations or main structural walls of the homes - VA120024 - District #5 - Director of Planning & Community Development.
(16) Request by The Ryland Group, Inc. for a variance to the Forsyth County Unified Development Code, Section 19-4(C) and Table 11.2(b) to reduce the lot width on lots 20-23, 25 and 31-36 and to reduce the exterior setback on lots 1 and 43 in Post Preserve Subdivision - VA120025 - District #3 - Director of Planning & Community Development.
(17) Request by Brookwood Properties, LLC for a variance to the Forsyth County Unified Development Code, Table 11.2(b) to reduce the open space percentage and to reduce the side setback between foundations - VA120026 - District #2 - Director of Planning & Community Development.
(18) Request by AC Land Ventures I, LLC for a variance to the Forsyth County Unified Development Code, Table 11.2(b) to allow the distance between structures to be measured from foundation to foundation on all lots and to allow 15 feet between structures on any lot that has both a lot width of 70 feet or larger and includes a three-car garage - VA120027 - District #2 - Director of Planning & Community Development.
IX. Old 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 from 06/07/12 Agenda).
X. New Business:
None
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 - District #1:
(i) Casey M. Canouse, Named Employee
(Postponed from 04/05/12 and 06/07/12 Agendas).
(B) El Porton of Midway, Inc. d/b/a El Porton Mexican Restaurant #13 located @ 4902 Atlanta Highway - District #3:
(i) Rafael Munoz, Named Licensee
(Postponed from 06/07/12 Agenda).
(C) VBK2 Enterprises, Inc. d/b/a Alpharetta Food Mart located @ 5715 Atlanta Highway - District #3:
(i) Jazmin Tirado-Lara, Named Employee
(ii) Delmi Arce, Named Employee
(iii) Vijay B. Kavuri, Named Licensee
(D) Anushka Corporation d/b/a Liquor Locker located @ 2325 Atlanta Highway, Suite 200 - District #3:
(i) Miguel Naza-Gonzalez, Named Employee
(ii) Rakesh Panday, Named Licensee
(E) Chegar, Inc. d/b/a BW Tavern located @ 5665 Atlanta Highway, Suite 112 - District #3:
(i) Lauren P. Gorczyca, Named Employee
(ii) James E. Hancock, Named Licensee
(F) LA MARA IV, Inc. d/b/a Laredo¡¯s Mexican Restaurant located @ 3480 Keith Bridge Road, Suite D4 - District #5:
(i) Enriquey Guzman, Named Employee
(ii) Lilliam D. Cardenas, Named Licensee
(G) Dave¡¯s World, Inc. d/b/a Shell Food Mart located @ 2325 Atlanta Highway - District #3:
(i) Mamadou Barry, Named Employee
(ii) Rajeshwar D. Sharma, Named Licensee
(H) Chepe¡¯s Mexican Grill II, Inc. d/b/a Chepe¡¯s Mexican Grill located @ 3120 Mathis Airport Parkway, Suite 100/101 - District #2
(i) Manzo Anayesik, Named Employee
(ii) Jose DeJesus Rodriquez, Named Licensee
(2) Administrative Hearing for the reconsideration of the revocation of an Alcohol Sales ID for Christian Poisson on May 5, 2011 - Outlet was McFarland Energy, LLC d/b/a Swifty Save located @ 1510 McFarland Parkway - District #3 - Director of Planning & Community Development.
XII. Recess Regular Meeting
XIII. Executive Session if Needed
XIV. Adjournment
Chairman Boff recognized a quorum and called the meeting to order.
The Invocation and Pledge of Allegiance were given by Chairman Boff.
ADOPTION OF AGENDA
CONSENT AGENDA
There was a motion by Commissioner Tam and a second by Commissioner Amos to modify the description of Consent Agenda, Item #4(I) to read: Board approval of Real Estate Purchase and Sale Agreement between GE Commercial Finance Business Property Corporation and Forsyth County - to include authorization for the Chairman to execute those other agreements included as exhibits therein, including (1) a Strict Joint Order Escrow Agreement identified as Exhibit B, and (2) a Non-Reliance letter identified as Exhibit C - for property located @1230 Bald Ridge Marina Road - County Attorney. Motion carried unanimously.
PUBLIC HEARINGS
There was a motion by Commissioner Tam and a second by Commissioner Amos to postpone Public Hearing, Item #14 (Request by Ethan Underwood on behalf of Lennar Georgia, Inc. to amend zoning conditions placed on ZA3145 (TPA Realty Services) and a request for variances to the Forsyth County Unified Development Code, Table 11.2 (b) and Chapter 16-4.26(E) to
allow reductions in the front yard, side yard, exterior yard and open space requirements - AZ120013 - District #2) to the Regular Meeting/Public Hearings of August 2, 2012. Motion carried unanimously.
OLD BUSINESS
There was a motion by Commissioner Bell and a second by Commissioner Levent to postpone Old Business, Item #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) to the Regular Meeting/Public Hearings of August 2, 2012.
Prior to the vote, Commissioner Amos recused himself from any vote/discussion on this item.
Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member recused (Amos).
NEW BUSINESS
There was a motion by Commissioner Amos and a second by Commissioner Bell to add New Business, Item #1 (Discussion of mediation request in the litigation of Waterscape v. Settingdown). Motion carried unanimously.
There was a motion by Commissioner Amos and a second by Commissioner Levent to add New Business, Item #2 (City/County Water IGA Update). Motion carried unanimously.
ADMINISTRATIVE HEARINGS
There was a motion by Commissioner Levent and a second by Commissioner Bell to postpone Administrative Hearing, Item #1(E)(i) (Administrative Hearing for Lauren P. Gorczyca, Named Employee, Chegar, Inc. d/b/a BW Tavern located @ 5665 Atlanta Highway, Suite 112 - District #3) and Administrative Hearing, Item #1(E)(ii) (Administrative Hearing for James E. Hancock, Named Licensee, Chegar, Inc. d/b/a BW Tavern located @ 5665 Atlanta Highway, Suite 112 - District #3) to the Regular Meeting/Public Hearings of August 2, 2012. Motion carried unanimously.
There was a motion by Commissioner Amos and a second by Commissioner Levent to adopt the agenda as amended. Motion carried unanimously.
UNDER ANNOUNCEMENTS AND REPORTS THE FOLLOWING ACTIONS WERE TAKEN:
Commissioner Amos read into the record and presented a Resolution in recognition of Bobbie Echols for her outstanding service to the community. In addition, the supervisors from the Department of Family & Children Services presented a plaque to Mrs. Echols in recognition and appreciation of her 25 years of service to the children and families of Forsyth County.
UNDER PUBLIC COMMENTS THE FOLLOWING PERSONS ADDRESSED THE BOARD:
Hal Schneider
UNDER ADOPTION OF MINUTES THE FOLLOWING ACTIONS WERE TAKEN:
Regular Meeting/Public Hearings & Executive Session of June 21, 2012
There was a motion by Commissioner Bell and a second by Commissioner Amos to adopt the minutes of the Regular Meeting/Public Hearings & Executive Session of June 21, 2012. Motion carried unanimously.
Work Session & Executive Session of June 26, 2012
There was a motion by Commissioner Amos and a second by Commissioner Bell to adopt the minutes of the Work Session & Executive Session of June 26, 2012. Motion carried unanimously.
CONSENT AGENDA
There was a motion by Commissioner Levent and a second by Commissioner Amos to approve the Consent Agenda as follows:
Adoption of Resolutions authorizing Affidavits concerning Executive Sessions of June 21, 2012 and June 26, 2012.
Renewal of Metro Ethernet Service Agreement with AT&T for the IS&T Department - Procurement Director.
(Previously approved 05/17/12 pending legal review).
Adoption of Resolution in recognition of Bobbie Echols for her outstanding service to the community - Commissioner Amos.
Ratification of the following items that were discussed and unanimously approved at a Work Session held on June 26, 2012:
(A) Board approval to purchase three passenger vehicles for the Fire Department - Fire Chief.
(B) Board approval of Amendment to Local Government Agreement, STP-0002-00(392), P.I. Number 0002392, between GDOT and Forsyth County for State Route 20 from Samples Road to James Burgess Road - STP00-2348-00(003) - Director of Engineering.
(C) Board approval of Task Order with CH2M Hill for the Shakerag Water Reclamation Facility - Procurement Director.
(D) Board approval of Task Order with Black & Veatch for the Shakerag Gravity Sewer line - Procurement Director.
(E) Board acceptance of Bid 12-45-5212 for as needed sports lighting repairs and maintenance - Procurement Director.
(F) Board directive to staff to research and bring back options for consideration regarding proposed modifications to the Forsyth County Unified Development Code (UDC), Chapter 16 - Accessory Structures in residential districts - Director of Planning & Community Development.
(G) Board approval to NOT opt out of a pending class action settlement of City of Rome/Hart County v. Hotels.com - County Attorney.
(H) Board appointment of Jerry Adams as the Citizen Stakeholder on the Forsyth County 911 Center Advisory Board - County Manager.
(I) Board approval of Real Estate Purchase and Sale Agreement between GE Commercial Finance Business Property Corporation and Forsyth County - to include authorization for the Chairman to execute those other agreements included as exhibits therein, including (1) a Strict Joint Order Escrow Agreement identified as Exhibit B, and (2) a Non-Reliance letter identified as Exhibit C - for property located @1230 Bald Ridge Marina Road - County Attorney.
Motion carried unanimously.
UNDER PUBLIC HEARINGS THE FOLLOWING ACTIONS WERE TAKEN:
Property Tax Hearing regarding tentatively adopted Millage Rates
David Gruen, Director of Finance/CFO, made a presentation to the Board.
There was a motion by Commissioner Bell and a second by Commissioner Amos to open the Public Hearing. Motion carried unanimously.
Speaking at the Public Hearing:
Ethan Underwood
There was a motion by Commissioner Amos and a second by Commissioner Bell to close the Public Hearing. Motion carried unanimously.
No action was taken.
Request change in individual Named Licensee to Robert Harrison for Red Robin International, Inc. d/b/a Red Robin America¡¯s Gourmet Burgers and Spirits for an existing license to sell Distilled Spirits, Malt Beverages (Beer), and Wine 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 Tam and a second by Commissioner Amos 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 Robert Harrison for Red Robin International, Inc. d/b/a Red Robin America¡¯s Gourmet Burgers and Spirits for an existing license to sell Distilled Spirits, Malt Beverages (Beer), and Wine for Consumption on the Premises (AL120030). Motion carried unanimously.
Request for the issuance of an Alcohol License by Clipper Petroleum, Inc. d/b/a Circle M Food Shop #70, Named Licensee is Tom L. Bower, III, application to sell Malt Beverages (Beer) and Wine by the Package - AL120569 - District #3
There was a motion by Commissioner Tam and a second by Commissioner Levent to open the Public Hearing. Motion carried unanimously.
Speaking in favor:
Tom Bower
Speaking in opposition:
None
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 Levent and a second by Commissioner Amos to approve the request for the issuance of an Alcohol License by Clipper Petroleum, Inc. d/b/a Circle M Food Shop #70, Named Licensee is Tom L. Bower, III, application to sell Malt Beverages (Beer) and Wine by the Package (AL120569). Motion carried unanimously.
Request for the issuance of an Alcohol License by Carrabba¡¯s Italian Grill, LLC d/b/a Carrabba¡¯s Italian Grill, Named Licensee is Jaimie Cullinan, application to sell Distilled Spirits, Malt Beverages (Beer) and Wine for Consumption on the Premises - AL120568 - District #2
There was a motion by Commissioner Tam and a second by Commissioner Bell to open the Public Hearing. Motion carried unanimously.
Speaking in favor:
Jaimie Cullinan
Speaking in opposition:
None
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 Tam and a second by Commissioner Bell to approve the request for the issuance of an Alcohol License by Carrabba¡¯s Italian Grill, LLC d/b/a Carrabba¡¯s
Italian Grill, Named Licensee is Jaimie Cullinan, application to sell Distilled Spirits, Malt Beverages (Beer) and Wine for Consumption on the Premises (AL120568). Motion carried unanimously.
First reading of proposed ordinance regulating substances that mimic the effects of marijuana or synthetic cannabinoids (a/k/a ¡°Spice¡± or ¡°K2¡±) that are not otherwise regulated by State law
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.
This item requires a second Public Hearing.
First reading of proposed amendments to the Forsyth County Animal Control Ordinance (Ordinance #11) regarding regulations governing dangerous dogs and potentially dangerous dogs with new regulations governing dangerous dogs and vicious dogs pursuant to changes in State law
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.
This item requires a second Public Hearing.
Second reading of proposed changes to the Sign Ordinance (Ordinance #74) regarding banners, nonconforming signs, monument signs as well as signage lighting in residential zoning districts
There was a motion by Commissioner Bell and a second by Commissioner Amos to open the Public Hearing. Motion carried unanimously.
Speaking in favor:
Tim Amerson
Speaking in opposition:
None
There was a motion by Commissioner Tam 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 adopt the proposed changes to the Sign Ordinance (Ordinance #74) regarding banners, nonconforming signs, monument signs as well as signage lighting in residential zoning districts 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).
Request by Ethan Underwood on behalf of Living Faith Lutheran, Inc. for approval of a Sketch Plat for a church with a Conditional Use Permit for a school and daycare with 40,000 square feet of total building area with 127 parking spaces on property currently zoned CBD and a request for a variance to the Forsyth County Unified Development Code, Chapter 18-5.18 (sewer distance requirement) - SP110003 - District #1
There was a motion by Commissioner Amos and a second by Commissioner Tam to open the Public Hearing. Motion carried unanimously.
Speaking in favor:
Ethan Underwood
Speaking in opposition:
None
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 Bell to approve the request by Ethan Underwood on behalf of Living Faith Lutheran, Inc. for approval of a Sketch Plat for a church with a Conditional Use Permit for a school and daycare with 40,000 square feet of total building area with 127 parking spaces on property currently zoned CBD and a request for a variance to the Forsyth County Unified Development Code, Chapter 18-5.18 (sewer distance requirement) - SP110003 - with the conditions as displayed which read as follows:
1. A variance is granted to the sewer distance requirements to facilitate the use of an on-site septic system; however, sanitary sewer utilities must be utilized when a business license for school or daycare (other than ordinary childcare during church activities, including without limitation worship services, youth activities, and vacation bible school) is obtained.
2. Developer shall reserve right of way as required by the Georgia Department of Transportation for the future widening project for S.R. 9 (Atlanta Highway).
3. Developer shall dedicate right of way 30' feet from centerline of Valley Circle Road.
4. Developer shall upgrade Valley Circle Road to the intersection with S.R. 9 (Atlanta Highway) to current Forsyth County commercial road construction standards.
5. Developer shall construct improvements as required by Georgia DOT and/or Department of Engineering based upon final configuration of site plan.
Motion carried unanimously.
Request by Ethan Underwood on behalf of D.R. Horton, Inc. to amend zoning conditions placed on VA120020 (D.R. Horton) - AZ120008 - District #1
There was a motion by Commissioner Amos and a second by Commissioner Tam to open the Public Hearing. Motion carried unanimously.
Speaking in favor:
Ethan Underwood
Speaking in opposition:
None
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 Bell to approve the request by Ethan Underwood on behalf of D.R. Horton, Inc. to amend zoning conditions placed on VA120020 (D.R. Horton) - AZ120008 - as displayed and modified which read as follows:
Modify Condition #3 to read: A variance to UDC ¡ì 11-5.3 [and by reference Table 11.2(b)] is granted to allow side yard setbacks to be at least 5 feet, with a minimum of 10 feet between structures, conditioned upon the following:
Distance between Foundations: Required Building Materials:
¡İ 20 feet General UDC regulations
< 20 feet Non-combustible siding, soffits, and fascia materials, plus openings must be offset or use 1 hour rated windows (casings and glass) and doors.
<15 feet Non-combustible siding, soffits, and fascia materials, plus use 1 hour rated windows (casings and glass) and doors, irrespective of whether openings are offset.
Motion carried unanimously.
Request by Ethan Underwood on behalf of D.R. Horton, Inc. to amend zoning conditions placed on ZA2737 (Carson Developments, Inc.) - AZ120009 - District #2
There was a motion by Commissioner Levent and a second by Commissioner Bell to open the Public Hearing. Motion carried unanimously.
Speaking in favor:
Ethan Underwood
Speaking in opposition:
None
There was a motion by Commissioner Tam and a second by Commissioner Amos 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 by Ethan Underwood on behalf of D.R. Horton, Inc. to amend zoning conditions placed on ZA2737 (Carson Developments, Inc.) - AZ120009 - as displayed which reads as follows:
Modify Condition #20 to read: Side walls between structures shall have no more than 25% penetrations, and all openings shall be on unequal plains on the sides of the homes which abut other homes unless builder separates homes by a minimum of 20-feet between roof overhangs (not including guttering) which will remove the forgoing requirements.
Motion carried unanimously.
Request by Ethan Underwood on behalf of D.R. Horton, Inc. to amend zoning conditions placed on ZA3189 (CRM Developments) - AZ120010 - District #3
There was a motion by Commissioner Amos and a second by Commissioner Tam to open the Public Hearing. Motion carried unanimously.
Speaking in favor:
Ethan Underwood
Speaking in opposition:
None
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 Levent and a second by Commissioner Bell to approve the request by Ethan Underwood on behalf of D.R. Horton, Inc. to amend zoning conditions placed on ZA3189 (CRM Developments) - AZ120010 - for lots 28 through 52 in the Fowler Mill Subdivision as displayed and modified which read as follows:
Modify Condition #14 to read: Exteriors of homes, including doors, soffits and fascia, will be constructed of non-combustible materials per the Materials Safety Data Sheet, such as, but not limited to, brick, stone, hard-coat stucco, metal, roofing shingles, fire-retardant wooden shingles, and cementious materials, such as hardi-plank.
Modify Condition #15 to read: There will be no more than twenty-five percent (25%) penetration on the side walls, with no doors or windows aligned directly across from one another on the facing wall unless the builder separates homes by a minimum of 20-feet between roof overhangs (not including guttering) which will remove the forgoing requirement from the homes.
Motion carried unanimously.
Request by D.R. Horton, Inc. for a variance to the Forsyth County Unified Development Code, Table 11.2(b) to reduce side setbacks, rear setbacks and front setbacks on lots in Cheswyck Subdivision - this request involves lots 16, 20, 21, 25, 26, 27, 29, 30, 34, 35, 36 and 39 - VA120028 - District #2
There was a motion by Commissioner Bell and a second by Commissioner Amos to open the Public Hearing. Motion carried unanimously.
Speaking in favor:
Howard Carson
Speaking in opposition:
None
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 Tam and a second by Commissioner Amos to approve the request by D.R. Horton, Inc. for a variance to the Forsyth County Unified Development Code, Table 11.2(b) to reduce side setbacks, rear setbacks and front setbacks on lots in Cheswyck Subdivision - this request involves lots 16, 20, 21, 25, 26, 27, 29, 30, 34, 35, 36 and 39 (VA120028). Motion carried unanimously.
Request by Howard Carson on behalf of Rock Farms Holdings, LLC to amend zoning conditions placed on ZA3304 (Carson Developments) and a request for a variance to the Forsyth County Unified Development Code, Table 11.2(b) to allow 15 feet between structures - AZ120011 - District #3
There was a motion by Commissioner Amos and a second by Commissioner Tam to open the Public Hearing. Motion carried unanimously.
Speaking in favor:
Howard Carson
Speaking in opposition:
None
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 Levent and a second by Commissioner Amos to approve the request by Howard Carson on behalf of Rock Farms Holdings, LLC to amend zoning conditions placed on ZA3304 (Carson Developments) to modify Condition #9, Condition #10, Condition #14 and Condition #19 as follows:
Modify Condition #9 to read: All two story homes shall have not less than 2,400 square feet of heated floor space exclusive of garages, basements and porches and shall have a minimum two car enclosed garage. All single story homes shall have not less than 2,000 square feet of heated floor space exclusive of garages, basements and porches and shall have a minimum two car enclosed garage.
Modify Condition #10 to read: Homes shall have fronts of brick or stone and may have accents not to exceed 25% of the front of a cementitious type material such as hardi-plank or hard-coat stucco. Remaining sides shall be of any of the above materials or a combination thereof. No vinyl construction materials shall be allowed on the exterior of any buildings. There shall be no exposed raw concrete foundation or retaining wall, including concrete block or poured concrete.
Modify Condition #14 to read: There shall be no mass grading of the project except as required for roads, lots and utility installation.
Modify Condition #19 to read: All construction traffic, including heavy equipment, trucks and trailers for this development must travel Campground Road. All site development traffic, including heavy equipment, trucks and trailers must enter and exit from Campground Road. Until the entrance on Campground Road is completed, construction traffic for the construction of homes will be allowed to enter and exit the site from Bentley Road.
Motion and second were withdrawn.
There was a motion by Commissioner Bell and a second by Commissioner Levent to approve the request by Howard Carson on behalf of Rock Farms Holdings, LLC to amend zoning conditions 9, 10, 14 & 19 placed on ZA3304 (Carson Developments) and a request for a variance to the Forsyth County Unified Development Code, Table 11.2(b) to allow 15 feet between structures (AZ120011) as displayed which reads as follows:
Modify Condition #9 to read: All two story homes shall have not less than 2,400 square feet of heated floor space exclusive of garages, basements and porches and shall have a minimum two car enclosed garage. All single story homes shall have not less than 2,000 square feet of heated floor space exclusive of garages, basements and porches and shall have a minimum two car enclosed garage.
Modify Condition #10 to read: Homes shall have fronts of brick or stone and may have accents not to exceed 25% of the front of a cementitious type material such as hardi-plank or hard-coat stucco. Remaining sides shall be of any of the above materials or a
combination thereof. No vinyl construction materials shall be allowed on the exterior of any buildings. There shall be no exposed raw concrete foundation or retaining wall, including concrete block or poured concrete.
Modify Condition #14 to read: There shall be no mass grading of the project except as required for roads, lots and utility installation.
Modify Condition #19 to read: All construction traffic, including heavy equipment, trucks and trailers for this development must travel Campground Road. All site development traffic, including heavy equipment, trucks and trailers must enter and exit from Campground Road. Until the entrance on Campground Road is completed, construction traffic for the construction of homes will be allowed to enter and exit the site from Bentley Road.
The applicant is also requesting a variance to the Forsyth County Unified Development Code, Table 11.2(b) to allow 15 feet between structures from foundation to foundation.
Motion carried unanimously.
Request by Emory Lipscomb on behalf of Diversified Real Estate Group to amend zoning conditions placed on ZA3509 (Diversified Asset Planning, LLC) - AZ120012 - District #3
There was a motion by Commissioner Levent and a second by Commissioner Bell to open the Public Hearing. Motion carried unanimously.
Speaking in favor:
Emory Lipscomb
Speaking in opposition:
None
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 by Emory Lipscomb on behalf of Diversified Real Estate Group to amend zoning conditions placed on ZA3509 (Diversified Asset Planning, LLC) - AZ120012 - as displayed and modified which read as follows:
Modify Condition #3 to read: There shall be no more than 500 multifamily dwelling units permitted on the property.
Modify Condition #7 to read: The smallest size one bedroom unit shall be no less than 660 square feet of heated floor space. No less than 40% of the one bedroom units shall contain at least 800 square feet of heated floor space. All two bedroom units shall have at least 1,100 square feet of heated floor space. All three bedroom units shall have at least 1,300 square feet of heated floor space.
Add Condition #11 to read: Amenities shall include a zero entry pool.
Add Condition #12 to read: Garages will be provided as shown on the final site plan for no less than 10% of the units.
Motion carried unanimously.
Vice Chairman Bell left the meeting.
Request by GC Edge Properties, LLC for a variance to the Forsyth County Unified Development Code, Table 11.2(b) to allow lots in The Overlook at James Creek Subdivision to have side yard setbacks of five (5) feet with ten (10) feet between foundations or main structural walls of the homes - VA120024 - District #5
There was a motion by Commissioner Amos and a second by Commissioner Levent to open the Public Hearing. Motion carried with four members in favor (Boff, Levent, Amos and Tam) and one member absent (Bell).
Vice Chairman Bell returned to the meeting.
Speaking in favor:
Josh Scoggins
Speaking in opposition:
None
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 by GC Edge Properties, LLC for a variance to the Forsyth County Unified Development Code, Table 11.2(b) (VA120024) to allow lots in The Overlook at James Creek Subdivision to have side yard setbacks as displayed with the conditions and variances as displayed and modified which read as follows:
1. Homes shall have not less than 2,000 square feet of heated floor space exclusive of garages, basements, and porches. This condition shall control over any contrary conditions regarding minimum house size that were previously imposed on ZA2907 and ZA2908.
2. A variance is granted to UDC Sections 11-3.3 and 11-4.3 [and by reference Table 11.2(b)] to allow a side yard setback of five (5) feet with no less than fifteen (15) feet between foundations conditioned upon the following:
Distance between Foundations: Required Building Materials:
¡İ 20 feet General UDC regulations
< 20 feet but ¡İ 15 feet Non-combustible siding, soffits, and fascia materials, plus openings must be offset or use 1 hour rated windows (casings and glass) and doors.
<15 feet Non-combustible siding, soffits, and fascia materials, plus use 1 hour rated windows (casings and glass) and doors, irrespective of whether openings are offset.
Motion carried unanimously.
Request by The Ryland Group, Inc. for a variance to the Forsyth County Unified Development Code, Section 19-4(C) and Table 11.2(b) to reduce the lot width on lots 20-23, 25 and 31-36 and to reduce the exterior setback on lots 1 and 43 in Post Preserve Subdivision - VA120025 - District #3
There was a motion by Commissioner Bell and a second by Commissioner Amos to open the Public Hearing. Motion carried unanimously.
Speaking in favor:
Josh Scoggins
Speaking in opposition:
None
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 by The Ryland Group, Inc. for a variance to the Forsyth County Unified Development Code, Section 19-4(C) and Table 11.2(b) to reduce the lot width on lots 20-23, 25 and 31-36 and to reduce the exterior setback on lots 1 and 43 in Post Preserve Subdivision (VA120025) as displayed which reads as follows:
1. A variance is granted to UDC Section 19-4(C) to allow a minimum lot width of fifty-five (55) feet at the building line on lots 20, 21, 22, 23, 25, 31, 32, 33, 34, 35, and 36.
2. A variance is granted to UDC Table 11.2(b) to allow the exterior setback on lots 1 and 43 to be forty (40) feet from Post Road.
Motion carried unanimously.
Request by Brookwood Properties, LLC for a variance to the Forsyth County Unified Development Code, Table 11.2(b) to reduce the open space percentage and to reduce the side setback between foundations - VA120026 - District #2
There was a motion by Commissioner Tam and a second by Commissioner Bell to open the Public Hearing. Motion carried unanimously.
Speaking in favor:
Josh Scoggins
Rebecca Ricks
Speaking in opposition:
None
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 Tam and a second by Commissioner Amos to approve the request by Brookwood Properties, LLC for a variance to the Forsyth County Unified Development Code, Table 11.2(b) to reduce the open space percentage and to reduce the side setback between foundations (VA120026) as displayed and modified which reads as follows:
1. A variance is granted to UDC Table 11.2(b) to reduce the minimum open space percentage from forty percent (40%) to twenty-five percent (25%).
2. A variance is granted to UDC Table 11.2(b) to allow a side yard setback of five (5) feet with no less than fifteen (15) feet between foundations conditioned upon the following:
Distance between Foundations: Required Building Materials:
¡İ 20 feet General UDC regulations
< 20 feet but ¡İ 15 feet Non-combustible siding, soffits, and fascia materials, plus openings must be offset or use 1 hour rated windows (casings and glass) and doors.
<15 feet Non-combustible siding, soffits, and fascia materials, plus use 1 hour rated windows (casings and glass) and doors, irrespective of whether openings are offset.
Motion carried unanimously.
Request by AC Land Ventures I, LLC for a variance to the Forsyth County Unified Development Code, Table 11.2(b) to allow the distance between structures to be measured from foundation to foundation on all lots and to allow 15 feet between structures on any lot that has both a lot width of 70 feet or larger and includes a three-car garage - VA120027 - District #2
There was a motion by Commissioner Levent and a second by Commissioner Amos to open the Public Hearing. Motion carried unanimously.
Speaking in favor:
Howard Carson
Speaking in opposition:
None
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 Tam and a second by Commissioner Boff to approve the request by AC Land Ventures I, LLC for a variance to the Forsyth County Unified Development Code, Table 11.2(b) to allow the distance between structures to be measured from foundation to foundation on all lots and to allow 15 feet between structures on any lot that has both a lot width of 70 feet or larger and includes a three-car garage (VA120027).
There was a motion by Commissioner Tam and a second by Commissioner Boff to amend the original motion that any houses that are between 15 feet and 20 feet apart have non-combustible materials. Motion to amend carried unanimously.
Original motion, as amended, carried unanimously.
UNDER OLD BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:
None
The Board took a recess.
The Board came out of recess and reconvened the Regular Meeting/Public Hearings.
UNDER NEW BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:
Discussion of mediation request in the litigation of Waterscape v. Settingdown
There was a motion by Commissioner Levent and a second by Commissioner Bell to enter into an Executive Session after the Administrative Hearings for further discussion on this item. Motion carried with four members in favor (Bell, Levent, Amos and Tam) and one member in opposition (Boff).
City/County Water IGA Update
Chris Hamilton of Jarrard & Davis provided the Board with an update. Versions of the proposed IGA have been exchanged between the City Attorney and County Attorney. Mr. Jarrard has advised that he will be making a request to the Board that it call a Special Called Meeting for the afternoon of July 16 in order to discuss this item in detail and hopefully review an IGA that the county can approve. This would then be delivered to the city in time for their July 17 regular Council meeting.
Commissioner Amos recused himself from any discussion/vote on this item.
Without exception, a Special Called Meeting was scheduled for Monday, July 16, 2012 at 4:00 p.m. to discuss this item in detail.
Commissioner Tam left 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 Casey M. Canouse, Named Employee, 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 Levent to open the Administrative Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Amos) and one member absent (Tam).
Casey M. Canouse, Named Employee, was not present.
There was a motion by Commissioner Amos and a second by Commissioner Levent to close the Administrative Hearing. Motion carried with four members in favor (Boff, Bell, Levent and Amos) and one member absent (Tam).
Commissioner Tam returned to the meeting.
There was a motion by Commissioner Amos and a second by Commissioner Bell to suspend the Alcohol Sales Permit of Casey M. Canouse for 30 days beginning as soon as the employee is contacted. Motion carried unanimously.
Administrative Hearing in reference to violations to the Forsyth County Alcohol Ordinance (Ordinance #68) for Rafael Munoz, Named Licensee, El Porton of Midway, Inc. d/b/a El Porton Mexican Restaurant #13 located @ 4902 Atlanta Highway - District #3
There was a motion by Commissioner Amos and a second by Commissioner Tam to open the Administrative Hearing. Motion carried unanimously.
Albert Bolet, Attorney for El Porton, addressed the Board.
Deputy Haney addressed the Board.
There was a motion by Commissioner Levent and a second by Commissioner Bell to close the Administrative Hearing. Motion carried unanimously.
There was a motion by Commissioner Levent and a second by Commissioner Amos to issue a warning letter to Rafael Munoz, Named Licensee, El Porton of Midway, Inc. d/b/a El Porton Mexican Restaurant #13 located @ 4902 Atlanta Highway. Motion carried unanimously.
Administrative Hearing in reference to violations to the Forsyth County Alcohol Ordinance (Ordinance #68) for Jazmin Tirado-Lara, Named Employee, VBK2 Enterprises, Inc. d/b/a Alpharetta Food Mart located @ 5715 Atlanta Highway - District #3
There was a motion by Commissioner Levent and a second by Commissioner Bell to open the Administrative Hearing. Motion carried unanimously.
Jazmin Tirado-Lara, Named Employee, was not present.
There was a motion by Commissioner Tam and a second by Commissioner Bell to close the Administrative Hearing. Motion carried unanimously.
There was a motion by Commissioner Levent and a second by Commissioner Amos to suspend the employee¡¯s current Alcohol Sales Permit for 30 days and if the employee is not a current license holder then the 30 days will begin at the time she applies for a new license.
There was a motion by Commissioner Bell and a second by Commissioner Levent to amend the original motion to suspend the license for 90 days. Motion failed due to lack of a majority vote with two members in favor (Bell and Levent) and three members in opposition (Boff, Amos and Tam).
Original motion carried with four members in favor (Boff, Levent, Amos and Tam) and one member in opposition (Bell).
Administrative Hearing in reference to violations to the Forsyth County Alcohol Ordinance (Ordinance #68) for Delmi Arce, Named Employee, VBK2 Enterprises, Inc. d/b/a Alpharetta Food Mart located @ 5715 Atlanta Highway - District #3
There was a motion by Commissioner Amos and a second by Commissioner Tam to open the Administrative Hearing. Motion carried unanimously.
Delmi Arce, Named Employee, addressed the Board (via an interpreter).
Deputy Haney addressed the Board.
There was a motion by Commissioner Levent and a second by Commissioner Amos to close the Administrative Hearing. Motion carried unanimously.
There was a motion by Commissioner Levent and a second by Commissioner Amos to suspend the Alcohol Sales Permit of Delmi Arce for 30 days beginning today (July 5). Motion carried unanimously.
Administrative Hearing in reference to violations to the Forsyth County Alcohol Ordinance (Ordinance #68) for Vijay B. Kavuri, Named Licensee, VBK2 Enterprises, Inc. d/b/a Alpharetta Food Mart located @ 5715 Atlanta Highway - District #3
There was a motion by Commissioner Levent and a second by Commissioner Bell to open the Administrative Hearing. Motion carried unanimously.
Vijay B. Kavuri, Named Licensee, addressed the Board.
There was a motion by Commissioner Amos and a second by Commissioner Bell to close the Administrative Hearing. Motion carried unanimously.
There was a motion by Commissioner Levent and a second by Commissioner Bell to suspend the Alcohol License of Vijay B. Kavuri, Named Licensee, VBK2 Enterprises, Inc. d/b/a Alpharetta Food Mart located @ 5715 Atlanta Highway for no less than 60 days and in addition the Licensee is to contact the Director of Planning & Community Development and immediately start some type of certified training program with a company that is certified to train the Licensee, all employees and any future employees. Motion carried unanimously.
Administrative Hearing in reference to violations to the Forsyth County Alcohol Ordinance (Ordinance #68) for Miguel Naza-Gonzalez, Named Employee, Anushka Corporation d/b/a Liquor Locker located @ 2325 Atlanta Highway, Suite 200 - District #3
There was a motion by Commissioner Levent and a second by Commissioner Bell to open the Administrative Hearing. Motion carried unanimously.
Miguel Naza-Gonzalez, Named Employee, addressed the Board.
There was a motion by Commissioner Levent and a second by Commissioner Bell to close the Administrative Hearing. Motion carried unanimously.
There was a motion by Commissioner Levent and a second by Commissioner Bell to suspend the Alcohol Sales Permit of Miguel Naza-Gonzalez for 30 days. Motion carried unanimously.
Administrative Hearing in reference to violations to the Forsyth County Alcohol Ordinance (Ordinance #68) for Rakesh Panday, Named Licensee, Anushka Corporation d/b/a Liquor Locker located @ 2325 Atlanta Highway, Suite 200 - District #3
There was a motion by Commissioner Amos and a second by Commissioner Levent to open the Administrative Hearing. Motion carried unanimously.
Rakesh Panday, Named Licensee, addressed the Board.
Deputy Haney addressed the Board.
There was a motion by Commissioner Levent and a second by Commissioner Amos to close the Administrative Hearing. Motion carried unanimously.
There was a motion by Commissioner Levent and a second by Commissioner Bell to suspend the Alcohol License of Rakesh Panday, Named Licensee, Anushka Corporation d/b/a Liquor Locker located @ 2325 Atlanta Highway, Suite 200 for seven (7) days. Motion carried unanimously.
Administrative Hearing in reference to violations to the Forsyth County Alcohol Ordinance (Ordinance #68) for Enriquey Guzman, Named Employee, LA MARA IV, Inc. d/b/a Laredo¡¯s Mexican Restaurant located @ 3480 Keith Bridge Road, Suite D4 - District #5
There was a motion by Commissioner Amos and a second by Commissioner Tam to open the Administrative Hearing. Motion carried unanimously.
Enriquey Guzman, Named Employee, addressed the Board.
There was a motion by Commissioner Amos and a second by Commissioner Levent to close the Administrative Hearing. Motion carried unanimously.
There was a motion by Commissioner Boff and a second by Commissioner Tam to issue a warning to Enriquey Guzman. Motion and second were withdrawn.
There was a motion by Commissioner Boff and a second by Commissioner Amos to suspend the Alcohol Sales Permit of Enriquey Guzman for 30 days beginning Monday, July 9. Motion carried unanimously.
Administrative Hearing in reference to violations to the Forsyth County Alcohol Ordinance (Ordinance #68) for Lilliam D. Cardenas, Named Licensee, LA MARA IV, Inc. d/b/a Laredo¡¯s Mexican Restaurant located @ 3480 Keith Bridge Road, Suite D4 - District #5
There was a motion by Commissioner Amos and a second by Commissioner Tam to open the Administrative Hearing. Motion carried unanimously.
Lilliam D. Cardenas, Named Licensee, addressed the Board.
There was a motion by Commissioner Amos and a second by Commissioner Bell to close the Administrative Hearing. Motion carried unanimously.
There was a motion by Commissioner Boff and a second by Commissioner Amos to issue a warning to Lilliam D. Cardenas, Named Licensee, LA MARA IV, Inc. d/b/a Laredo¡¯s Mexican Restaurant located @ 3480 Keith Bridge Road, Suite D4. Motion carried unanimously.
Administrative Hearing in reference to violations to the Forsyth County Alcohol Ordinance (Ordinance #68) for Mamadou Barry, Named Employee, Dave¡¯s World, Inc. d/b/a Shell Food Mart located @ 2325 Atlanta Highway - District #3
There was a motion by Commissioner Levent and a second by Commissioner Amos to open the Administrative Hearing. Motion carried unanimously.
Mamadou Barry, Named Employee, addressed the Board.
Deputy Haney addressed the Board.
There was a motion by Commissioner Amos and a second by Commissioner Tam to close the Administrative Hearing. Motion carried unanimously.
There was a motion by Commissioner Levent and a second by Commissioner Amos to suspend the Alcohol Sales Permit of Mamadou Barry for 30 days. Motion carried with four members in favor (Boff, Levent, Amos and Tam) and one member in opposition (Bell).
Administrative Hearing in reference to violations to the Forsyth County Alcohol Ordinance (Ordinance #68) for Rajeshwar D. Sharma, Named Licensee, Dave¡¯s World, Inc. d/b/a Shell Food Mart located @ 2325 Atlanta Highway - District #3
There was a motion by Commissioner Amos and a second by Commissioner Tam to open the Administrative Hearing. Motion carried unanimously.
Rajeshwar D. Sharma, Named Licensee, addressed the Board.
There was a motion by Commissioner Amos and a second by Commissioner Bell to close the Administrative Hearing. Motion carried unanimously.
There was a motion by Commissioner Levent and a second by Commissioner Amos to issue a warning letter to Rajeshwar D. Sharma, Named Licensee, Dave¡¯s World, Inc. d/b/a Shell Food Mart located @ 2325 Atlanta Highway. Motion carried unanimously.
Administrative Hearing in reference to violations to the Forsyth County Alcohol Ordinance (Ordinance #68) for Manzo Anayesik, Named Employee, Chepe¡¯s Mexican Grill II, Inc. d/b/a Chepe¡¯s Mexican Grill located @ 3120 Mathis Airport Parkway, Suite 100/101 - District #2
There was a motion by Commissioner Tam and a second by Commissioner Amos to open the Administrative Hearing. Motion carried unanimously.
Manzo Anayesik, Named Employee, was not present.
Deputy Haney addressed the Board.
There was a motion by Commissioner Tam and a second by Commissioner Amos to close the Administrative Hearing. Motion carried unanimously.
There was a motion by Commissioner Tam and a second by Commissioner Amos to suspend the Alcohol Sales Permit of Manzo Anayesik for 30 days (if the employee applies for a new permit it will be suspended). Motion carried with four members in favor (Boff, Levent, Amos and Tam) and one member in opposition (Bell).
Administrative Hearing in reference to violations to the Forsyth County Alcohol Ordinance (Ordinance #68) for Jose DeJesus Rodriquez, Named Licensee, Chepe¡¯s Mexican Grill II, Inc. d/b/a Chepe¡¯s Mexican Grill located @ 3120 Mathis Airport Parkway, Suite 100/101 - District #2
There was a motion by Commissioner Tam and a second by Commissioner Amos to open the Administrative Hearing. Motion carried unanimously.
Emory Lipscomb, Attorney, addressed the Board on behalf of Jose DeJesus Rodriquez, Named Licensee.
There was a motion by Commissioner Tam and a second by Commissioner Amos to close the Administrative Hearing. Motion carried unanimously.
There was a motion by Commissioner Tam and a second by Commissioner Bell to place a warning in the file of Jose DeJesus Rodriquez, Named Licensee, Chepe¡¯s Mexican Grill II, Inc. d/b/a Chepe¡¯s Mexican Grill located @ 3120 Mathis Airport Parkway, Suite 100/101. Motion carried unanimously.
Administrative Hearing for the reconsideration of the revocation of an Alcohol Sales ID for Christian Poisson on May 5, 2011 - Outlet was McFarland Energy, LLC d/b/a Swifty Save located @ 1510 McFarland Parkway - District #3
There was a motion by Commissioner Tam and a second by Commissioner Levent to open the Administrative Hearing. Motion carried unanimously.
Christian Poisson addressed the Board.
There was a motion by Commissioner Tam and a second by Commissioner Amos to close the Administrative Hearing. Motion carried unanimously.
There was a motion by Commissioner Levent and a second by Commissioner Amos to allow Mr. Christian Poisson to have his license reinstated as soon as Mr. Brown¡¯s office can do so. Motion carried unanimously.
There was a motion by Commissioner Tam and a second by Commissioner Bell to recess the Regular Meeting/Public Hearings and enter into Executive Session for the purposes of Litigation, Land Acquisition and Personnel. Motion carried unanimously.
There was a motion by Commissioner Bell and a second by Commissioner Amos to come out of recess and adjourn. Motion carried unanimously.
____________________________________
Clerk/Deputy Clerk of Commission
The above and foregoing Minutes are hereby certified as being correct and ordered
recorded.
____________________________________________
JIM BOFF, CHAIRMAN
____________________________________________
PATRICK B. BELL, VICE CHAIRMAN
____________________________________________
TODD LEVENT, SECRETARY
____________________________________________
RALPH J. AMOS, MEMBER
____________________________________________
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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