10/3/2013 - Board of Commissioners Regular Meeting/Public Hearings

More Information:
770.781.2101
Fax: 770.781.2199
MEETING SUMMARY

MEMBERS PRESENT:
Ralph J. Amos, Chairman; Jim Boff, Vice Chairman; Todd Levent, Member; Cindy Jones Mills, Member.

ABSENT:
Brian R. Tam, Secretary

AGENDA
FORSYTH COUNTY BOARD OF COMMISSIONERS
THURSDAY, OCTOBER 3, 2013 @ 5:00 P.M.
FORSYTH COUNTY ADMINISTRATION BUILDING
110 EAST MAIN STREET - SUITE 220
CUMMING, GEORGIA 30040

I. Call Meeting to Order
Called to Order @ 5:00 p.m.

II. Invocation and Pledge of Allegiance
David Gruen

III. Adoption of Agenda
Adopted 4-0 (Commissioner Tam Absent) as amended:

• Postponed Public Hearing #9 (The Ryland Group, Inc. ZA3637) to 10/17/13 for a Public Hearing.

• Postponed Public Hearing #10 (The Ryland Group, Inc. – AZ130023) to 11/07/13 for a Public Hearing.

• Public Hearing #14 (JW Homes, LLC – AZ130024) was withdrawn without prejudice.

• Added New Business #5: Employee Appreciation Effort at the Cumming Country Fair & Festival – Chairman Amos.

• Postponed Administrative Hearing 2-B (MRM Energy, Inc. d/b/a AM/PM Fuels #6) to 11/07/13.

• Postponed Administrative Hearing 2-C (Castleberry Ale House, LLC d/b/a Castleberry Ale House) to 11/07/13.

• Moved New Business #4 in front of the Public Hearings (Board consideration of (re)ratification of FCDA Bond issuance to Town Club Windermere Assisted Living Facility).

• Removed Consent Agenda item 5(I) from the agenda (MOU between Forsyth County and the Lake Lanier Association). This item will be placed on the 10/08/13 Work Session agenda for consideration.

• Added New Business #6: Ratification of Temporary License Agreement between Tommy Bagwell and Forsyth County – County Attorney.

• Added New Business #7: Conditional Release and Assignment with Developers Surety and Indemnity Company – County Attorney.

IV. Announcements and Reports:

(1) Presentation of Resolution to Brian J. Shin – Commissioner Boff.

(2) Chairman Amos recognized Boy Scout Troup 245 who was attending the meeting.

V. Public Comments
No speakers.

VI. Adoption of Minutes:

(1) Regular Meeting of September 19, 2013
Adopted 4-0 (Commissioner Tam absent).

(2) Work Session and Executive Session of September 24, 2013
Adopted 4-0 (Commissioner Tam absent).

VII. Consent Agenda:

Adopted 4-0 as amended (Commissioner Tam absent). Item 5(I) was removed from the agenda and will be placed on the 10/08/13 Work Session Agenda.

(1) Adoption of Resolution authorizing an Affidavit concerning the Executive Session of September 24, 2013.

(2) Adoption of Resolution in recognition of Brian J. Shin for attaining the rank of Eagle Scout in the Boy Scouts of America – Commissioner Boff.

(3) Request by the Director of Engineering for acceptance of right-of-way as county maintained with a speed limit of 25 MPH as follows:

(A) Champions Run, Phase II – District #5

(i) Secretariat Gait Way
(ii) Gallant Fox Lane

(B) Settles Walk, Phase 1 – District #2

(i) Settles Walk Lane
(ii) Harbison Hollow Lane
(iii) Summers View Circle
(iv) Sarahs Meadow Court



(C) Williams Point – District #1

(i) Williams Point Drive
(ii) Pinebrook Circle

(D) Brookside, Phase 3 – District #1

(i) Carver Court
(ii) Wesley Brook Way

(4) Request approval and acceptance into the county maintenance system the following non-county maintained roads in Breeze Bay on Lanier: Journeys Way, Yacht Club Drive, Scenic Drive and Pointe Court. Right of way varies with a speed limit of 25 MPH – District #5 – Director of Engineering.

(5) Ratification of the following items that were discussed and unanimously approved at a Work Session held on September 24, 2013:

(A) Board approval of the following 2014 employee benefit plans and rates: (Director of Personnel Services)

• Approval to renew the current employee Medical Plan Design for 2014.

• Approval of the 2014 employee contribution rates to remain the same as 2013 with the exception of an increase to the tobacco surcharge for a new rate of $65/month.

• Approval of EAP Consultants, Inc. as the employee assistance program provider for 2014.

• Approval to implement the BreatheBetter Tobacco Cessation Program as part of the employee’s 2014 medical benefits to meet the requirements of the Affordable Care Act regarding the tobacco surcharges.

(B) Board approval to award RFP 13-46-3180 to Evans Auctioneers for Auction Services with a 10% buyer’s premium – Procurement Director.

(C) Board approval to hire Hayes James & Associates as the consultant to create construction documents for the upper field area at Midway Park in an amount not to exceed $30,000 – Director of Parks & Recreation.

(D) Board approval to proceed with a market analysis to determine the potential uses and projected performances at the Lanierland Concert Venue site in an amount not to exceed $25,000 – Deputy County Manager.
(E) Board approval to proceed with $800,000 GEFA loan for funding a potential groundwater project at the McClure Property – Director of Water & Sewer.

(F) Board approval to proceed with a county initiated zoning condition amendment for ZA3592 (The Ryland Group, Inc.) – District #2 – Director of Planning & Community Development.

(G) Board approval to proceed with Public Hearings regarding a proposed Precious Metals Ordinance – Cpl. Kris Hall.

(H) Board approval of third addendum to the Agreement for Animal Control Facility Services with NALAA Corporation (Dr. Lanier Orr). The Agreement will be on a month-to-month basis at $40,000 per month and in an amount not to exceed $240,000 – Deputy County Manager.

(I) Board approval of a Memorandum of Understanding (MOU) between Forsyth County and the Lake Lanier Association – Boff/Levent.
Removed – will be placed on 10/08/13 Work Session Agenda for consideration.

(J) Board approval of a Sewer Capacity Financing Promissory Note for the purpose of Reserved Sewer Capacity Payment Financing to Forsyth County – County Attorney.

Note: New Business #4 was moved in front of the Public Hearings for consideration:

Board consideration of (re)ratification of Forsyth County Development Authority bond issuance to Town Club Windermere Assisted Living Facility – County Attorney.
Approved 3-1-0 (Commissioner Boff opposed and Commissioner Tam absent).

VIII. Public Hearings:

(1) Presentation of proposed FY 2014 Operating Budget – Director of Finance/CFO.
Public Hearing was held. No action taken. The 2014 Budget will be considered for adoption on 10/17/13.

(2) Request approval of an application for a Pawn Shop License for EZ Dollar Title & Pawn, Inc. d/b/a EZ Dollar Title & Pawn, Named Licensee is Riley Buice – PW130034 – District #5 – Director of Planning & Community Development.
Public Hearing was held. Approved 4-0 (Commissioner Tam absent).

(3) Request approval of Alcohol Licenses as follows: (Director of Planning & Community Development)
(A) El Don Bar & Grill, Inc., Named Licensee is Edgar Colin, application to sell Distilled Spirits, Malt Beverages (Beer) and Wine for Consumption on the Premises – AL130612 – District #3.
Public Hearing was held. Approved 4-0 (Commissioner Tam absent).

(B) Myzenes Kuizines, LLC d/b/a Myzenes Indian Coastal Cuisine, Named Licensee is Piedade Zinnia Vas, application to sell Distilled Spirits, Malt Beverages (Beer) and Wine for Consumption on the Premises – AL130613 – District #2.
Public Hearing was held. Approved 4-0 (Commissioner Tam absent).

(C) Coffee House Holdings, Inc. d/b/a Starbucks Coffee #13994, Named Licensee is Sharon Powell, application to sell Malt Beverages (Beer) and Wine for Consumption on the Premises – AL130614 – District #2.
Public Hearing was held. Approved 4-0 (Commissioner Tam absent).

(4) Hearing to consider the imposition of a membership fee for the use of the recreation centers – Board of Commissioners.
Public Hearing was held. The Board approved 4-0 (Commissioner Tam absent) and ratified the fees as presented and as approved by the Parks & Recreation Board.

(5) First hearing to consider an amendment to the Forsyth County Alcohol Ordinance (Ordinance No. 68) to implement licensing regulations and procedures regarding distilleries – County Attorney.
Public Hearing was held. No action taken. A second Public will be held 11/07/13.

(6) First hearing to consider an amendment to the Forsyth County Animal Control Ordinance (Ordinance No. 11) to modify the composition and method of selection of the Animal Control Board – County Attorney.
Public Hearing was held. No action taken. A second Public Hearing will be held 11/07/13.

(7) Second hearing to consider proposed amendments to the Forsyth County Fire Safety and Prevention Ordinance (Ordinance No. 79-E) – County Attorney/Fire Chief.
Public Hearing was held. No action taken. A third Public Hearing will be held 11/07/13. A revised ordinance will be posted on-line for public review.

(8) Request by Edge City Properties, Inc., ZA3635, for approval to rezone property currently zoned A1 to RES4 with a variance to reduce the exterior setback requirements and a variance to reduce the minimum distance requirements between structures - (Unified Development Code (UDC), Chapter 11-5.3, Table 11.2(b)) – Districts #2 & #5 – Director of Planning & Community Development.
Public Hearing was held. Approved 4-0 (Commissioner Tam absent) from A1 to RES3 with the conditions and variances as shown and with a correction to condition No.11 (to delete the verbiage “to accommodate side entry garages”) and also with the addition of condition No.14 regarding combustible resistant siding.

(9) Request by The Ryland Group, Inc., ZA3637, for approval to rezone property currently zoned A1 to RES4 with a variance to reduce the required minimum distance between structures – (Unified Development Code (UDC), Chapter 11-5.3, Table 11.2(b)) – District #1 – Director of Planning & Community Development.
Postponed to 10/17/13 for a Public Hearing.

(10) Request by The Ryland Group, Inc. to amend zoning conditions place on ZA3211 (A&K Dev., LLC) – AZ130023 – District #1 – Director of Planning & Community Development.
(Postponed from 09/05/13 Agenda. Note: The Applicant has changed from EAH Investments, LLC to The Ryland Group, Inc.)
Postponed to 11/07/13 for a Public Hearing.

(11) Request by The Ryland Group, Inc. for a variance to the Unified Development Code (UDC), Table 11.2(b) to allow lots 6, 7, 19, 20, 35, 36, 41, 42 and 53 in The Summit at Shiloh subdivision to have front yard setbacks of 20 feet – VA130056 - District #2 – Director of Planning & Community Development.
Public Hearing was held. Approved 4-0 (Commissioner Tam absent).

(12) Request by The Ryland Group, Inc. for approval of a Sketch Plat application and a variance to the Unified Development Code (UDC), Table 11.2(b) to reduce the required distance between structures – SP130002 – District #3 – Director of Planning & Community Development.
Public Hearing was held. The Board voted 4-0 (Commissioner Tam absent) to postpone the decision to 11/07/13 agenda.

(13) Request by BK Residential Construction, LLC to amend zoning conditions placed on ZA2804 (Ivey Building Corporation) and request for a variance to the Unified Development Code (UDC), Table 11.2(b) to reduce the exterior yard setback – AZ130025 – District #4 – Director of Planning & Community Development.
Public Hearing was held. Approved 4-0 (Commissioner Tam absent).

(14) Request by JW Homes, LLC to amend zoning conditions placed on ZA2431 (Vickery Land Company) – AZ130024 – District #3 – Director of Planning & Community Development.
(Postponed from 09/05/13 Agenda).
At request of applicant – withdrawn without prejudice.

IX. Old Business:

(1) Rezoning requests: (Director of Planning & Community Development)

(A) Southern Real Estate Holdings, LLC, ZA3624, CBD to RES4 with a variance to reduce the required distance between structures (UDC, Section 11-5.3, Table 11.2(b)) – District 3.
Note: The Planning Commission recommends approval from CBD to RES3).
(Postponed from 09/19/13 Agenda).
Approved 4-0 (Commissioner Tam absent) to rezone from CBD to RES3 with variances allowed on no more than 11 lots and with the addition of Condition No.12 regarding fire conditions and no more than 23 lots.

(B) Lennar-Georgia, Inc. ZA3634, A1 to RES4 with a variance to reduce the required distance between structures (UDC, Section 11-5.3, Table 11.2(b)) – District #2.
(Postponed form 09/19/13 Agenda)
Approved 4-0 (Commissioner Tam absent) to rezone from A1 to RES3 with conditions as shown. (Note: Applicant withdrew request for variances).

(2) Board review and consideration of violations to the Forsyth County Alcohol Ordinance (Ordinance No. 68) for Noble Business Group, LLC d/b/a Cumming Food Mart located @ 3275 Dahlonega Highway – Named Licensee is Nazim N. Ali – District #4 – Director of Planning & Community Development.
(Administrative Hearing was held 09/05/13 – Decision postponed from 09/19/13 Agenda).
The Board voted 4-0 (Commissioner Tam absent) to issue a seven (7) day alcohol license suspension for the following days: October 6, 7, 13, 14, 20, 21 and 27.

X. New Business:

(1) Request by Matthew Schrieber for a Public Hearing regarding an appeal of the Zoning Board of Appeal’s decision on September 3, 2013 to deny a request for a variance – VA130038 – District #5 – Director of Planning & Community Development.
The Board voted 4-0 (Commissioner Tam absent) to deny request.

(2) Request approval to renew Stop Loss insurance coverage with Coventry Health Care of Georgia, Inc. – Director of Personnel Services.
(Previously discussed at 09/24/13 Work Session).
The Board voted 3-1-0 (Commissioner Levent opposed and Commissioner Tam absent) to renew the Stop Loss insurance coverage with Coventry Health Care of Georgia, Inc.

(3) Board consideration of adding density to the zoning map – Director of Planning & Community Development.
(Previously discussed at 09/24/13 Work Session).
The Board approved 4-0 (Commissioner Tam absent) to direct the Planning staff to work on a plan that would be due by January 1st where the density that is voted on is to be captured on the maps in some format that indicates the number of (or numerical) density at which it is actually approved. Staff is to notify the Board if there are delays or problems with this deadline.

(4) Board consideration of (re)ratification of Forsyth County Development Authority bond issuance to Town Club Windermere Assisted Living Facility – County Attorney.
(Previously discussed at 09/24/13 Work Session).
This item was moved in front of the Public Hearings.
Approved 3-1-0 (Commissioner Boff opposed and Commissioner Tam absent).

The following items were added to the Agenda:

(5) Employee Appreciation Day at the Cumming County Fair & Festival – Chairman Amos.
The Board voted 4-0 (Commissioner Tam absent) to approve October 11th as Employee Appreciation Day at the fair and expend funds to purchase entry and ride tickets for full and part-time employees. However, it was noted that employees may attend any day and are not limited to attending on October 11th.

(6) Ratification of Temporary License Agreement between Tommy Bagwell and Forsyth County – County Attorney.
Approved 4-0 (Commissioner Tam absent) as presented.

(7) Conditional Release and Assigned with Developers Surety and Indemnity Company – County Attorney.
The Board voted 4-0 (Commissioner Tam absent) to accept $15,000 as payment and with authorization for the Director of Engineer to execute the agreement.

XI. Administrative Hearings:

(1) Administrative Hearing regarding the appeal of the suspension of an alcohol server permit for Linda Patterson from a citation for underage sales at Cigar Studio “57” located @ 1370 Buford Highway, Suite 103 – District #5 – Director of Planning & Community Development.
Administrative Hearing was held. The Board voted 4-0 (Commissioner Tam absent) to suspend the Employee’s Server Permit for 15 days starting 10/04/13.

(2) Administrative Hearings in reference to violations of the Forsyth County Alcohol Ordinance (Ordinance No. 68) as follows: (Director of Planning & Community Development)

(A) Cigar Studio “57”, LLC located @ 1370 Buford Highway, Suite 103 – Named Licensee is Ken Pope – District #5.
Administrative Hearing was held. The Board voted 4-0 (Commissioner Tam absent) to place a warning letter in the file.

(B) MRM Energy, Inc. d/b/a AM/PM Fuels #6 located @ 901 Buford Highway – Named Licensee is Ali Mourad – District #5.
Postponed to 11/07/13.

(C) Castleberry Ale House, LLC d/b/a Castleberry Ale House located @ 5446 Bethelview Road, Suite 102 – Named Licensee is Christine Martines – District #3.
Postponed to 11/07/13.

(D) AJ Energy 8, LLC d/b/a BP Gas Station located @ 2280 Canton Highway – Named Licensee is Ayad Jaber – District #1.
Administrative Hearing was held. The Board voted 4-0 (Commissioner Tam absent) to revoke the alcohol license.

(E) Sterling USA, Inc. d/b/a Leon’s Food Mart located @ 5410 Matt Highway – Named Licensee is Hussain Budhani – District #4.
Administrative Hearing was held. The board voted 4-0 (Commissioner Tam absent) to place a warning letter in the file.

(F) GGT Group, LLC d/b/a Mia Ristorante Italiano located @ 2300 Bethelview Road, Suites 104 and 105 – Named Licensee is Giuseppe Grella – District #1.
Administrative Hearing was held. The Board voted 4-0 (Commissioner Tam absent) to place a warning letter in the file.

XII. Recess Regular Meeting
Recessed @ 8:50 p.m. for the purpose of an Executive Session to discuss Litigation, Land Acquisition and/or Personnel.

XIII. Executive Session if Needed

XIV. Adjournment
Adjourned @ 9:04 p.m.









GOVERNMENT
 Mission & Vision
 Public Notices
 Meeting Agendas
 Meeting Summaries
 Meeting Minutes
 About the County
 Bids & Results
 Budget
 Business
 County Ordinances
 Online Services
 Permitting
 Streaming Video

RELATED LINKS
 Local Links
 State Links
 National Links


 Privacy
 Terms of Use
 Help

 

110 East Main Street
Cumming GA 30040
FORSYTH COUNTY GOVERNMENTPhone: 770-781-2101
Fax: 770-781-2199