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FORSYTH COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING/PUBLIC HEARINGS
DECEMBER 7, 2006
On Thursday, December 7, 2006 at 5:12 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: Jack Conway – Chairman, Brian R. Tam - Vice Chairman, Dr. Linda K. Ledbetter – Secretary, Charles Laughinghouse – Member, David W. Richard – Member, Rhonda O’Connor – Interim County Manager, Ken Jarrard – County Attorney, Jodi Gardner – Director of Communications, Carol Haag – Aide to Chairman, Shawn Scott – Aide to Vice Chairman, Jeanne Marie Cowdrey – Aide to Commissioner Ledbetter and Sonya Bush – Clerk.
AGENDA
FORSYTH COUNTY BOARD OF COMMISSIONERS
THURSDAY, DECEMBER 7, 2006 @ 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) Called Meeting/Work Session and Executive Session of November 14, 2006.
(2) Regular Meeting/Public Hearings and Executive Session of November 16, 2006.
VII. Consent Agenda:
(1) Adoption of Resolutions authorizing Affidavits concerning Executive Sessions of November 14, 2006 and November 16, 2006.
(2) Adoption of contract between Forsyth County and Heery International – County Attorney.
(3) Appointment of the Forsyth County Planning Commission as the Impact Fee Advisory Committee – County Attorney.
(Approved at Called Meeting/Work Session on 11/14/06).
(4) Authorization to proceed with issuance of a RFP for the Master Plan of Fowler Park in an amount not to exceed $60,000 – Director of Parks & Recreation.
(Approved at Called Meeting/Work Session on 11/14/06).
(5) Approval of additional funding from the Capital Fund in the amount of $274,814 for Fire Station #1 – Interim County Manager.
(Approved at Called Meeting/Work Session on 11/14/06).
(6) Approval of additional funding in the amount of $803,494 from the Capital Fund for the 4 bay Fire Station #2 – Interim County Manager.
(Approved at Called Meeting/Work Session on 11/14/06).
(7) Adoption of Amended Employment Agreement for Forsyth County Aide, Shawn Scott – County Attorney.
(8) Adoption of Amended Employment Agreement for Forsyth County Aide, Jeanne Marie Cowdrey – County Attorney.
(9) Request by Interim Procurement Director for renewal of the following contracts for calendar year 2007:
(A) Cannon Hygiene
(B) CH2M Hill
(C) Commercial Air
(D) D&D Cont.
(E) Data Voice
(F) Delta Municipal
(G) Diversified Adjustment
(H) Integrated Fire
(I) International Contracting
(J) Lewis Sprinkler
(K) Mill Creek Environment
(L) North Cherokee Electrical
(M) North GA Reprographics
(N) Orkin Pest
(O) Parker Traffic Markings
(P) Peek Pavement
(Q) Picture Perfect
(R) Prime Powel Services
(S) ProMark
(T) Southeast Road
(U) Sandy Springs
(V) Wallace Landscape
(W) Your Answering Service
(X) Townley and Amos
(Y) Pendley & Pendley, Ronald S. Foster, Stripling Group
(Z) Nova, Universal, United
(10) Renewal of contract with Woodard & Curran for the operation and maintenance of the Forsyth County Water Treatment Facility – Interim Procurement Director.
(Approved at Called Meeting/Work Session held on 09/28/06).
(11) Approval and execution of Right-of-Way documents between Forsyth County and the Department of Transportation for the dedication of .794 acres of required right-of way for Parcel 47 of Project STP-0000-00(810) – State Route 9 and Castleberry Road Intersection Improvements – Director of Engineering.
(12) Authorization to advertise for the proposed abandonment of Densmore Road in Land Lots 992 and 1024 of the Second District, First Section of Forsyth County – District #2 – Director of Engineering.
(13) Request by Director of Engineering for acceptance of right-of-way as County maintained road and initiation of 18 month maintenance period for Oxbo Circle and Samples Field Road in Vickery, Phase 4C with a speed limit of 20 m.p.h.
(14) 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) Brandon Hall, Phase 2
(1) Barton Court
(2) Briarcliff Court
(3) Cheltenham Place
(4) Heathcliff Way
(5) Wykeshire Court
(B) Blackstock Mill, Phase 3
(1) Garrison Court
(C) Bridlewood, Phase 1-A
(1) Belcrest Way
(2) Edison Place
(3) Fernbrook Place
(4) Osprey Court
(D) Hopewell Manor, Phase 2
(1) Hopewell Manor Drive
(2) Mundy Court
(3) Rob Court
(4) Walt Court
(E) Quail Hollow
(1) Balsam Bark Drive
(2) Harvest Turn Lane
(3) Silent Path
(4) Woodlet Court
(15) Adoption of Surplus Property Resolution – Director of Fleet Maintenance.
(Adopted at Called Meeting/Work Session held on 11/28/06).
(16) Acceptance of RFP# 06-82-1600 for the upgrade to the video equipment in the Commissioners’ Meeting Room and Video Production Room – Interim Procurement Director.
(Approved at Called Meeting/Work Session held on 11/28/06).
(17) Approval of letter supporting annexation of Mary Alice Park – County Attorney.
(Approved at Called Meeting/Work Session held on 11/28/06).
(18) Approval of Settlement Agreement between Wildcat Springs, LLLP; Creekstone Village, LLC; Forsyth County, Georgia and High Pointe Capital, LLC an Deed of Abandonment between Forsyth County, Georgia and Creekstone Village, LLC – County Attorney.
(Approved at Called Meeting/Work Session held on 11/28/06).
(19) Forsyth County and Fulton County Intergovernmental Agreement for the Provision of Water, Reuse Water and Sewer Services to the Manor Golf and County Club – County Attorney.
(Approved at Called Meeting/Work Session held on 11/28/06),
(20) Appointment of Joanne Tolleson, Jerry Blankenship, Bobby Thomas, Tim Perry and Pam Sessions to the Development Authority Board – Interim County Manager.
(Approved at Called Meeting/Work Session held on 11/28/06).
(21) Ratification of sewer billing adjustments related to the short-term water billing cap – Director of Water & Sewer.
(Approved at Called Meeting/Work Session held on 11/28/06).
(22) Approval of Three Chimneys Farm Landscape and Maintenance Agreement – Commissioner Tam.
VIII. Public Hearings:
(1) Request by Pizza Hut d/b/a Pizza Hut for a change of Licensee to Michelle J. Macht – District #1 – Interim County Manager.
(2) Request approval of Alcohol Licenses as follows: (Interim County Manager)
(A) Stature, LLC d/b/a The Cigar Shoppe, Named Licensee is Keith Muller, application to sell Malt Beverages (Beer) & Wine for Consumption on the Premises – District #4.
(B) P&KC Store, Inc. d/b/a P&KC Store, Inc., Named Licensee is Shanim P. Haimani, application to sell Malt Beverages (Beer) & Wine by the Package – District #1.
(C) Chung’s Package d/b/a Chung’s Package, Named Licensee is Yong Kreiger, application to sell Malt Beverages (Beer), Wine & Distilled Spirits by the Package – District #5.
(3) Consideration to repeal Ordinance #14 (Tributary Protection Code) - County Attorney.
(First Public Hearing held on 11/02/06).
(4) Second reading of amendment to Ordinance #102 (Parks & Recreation Ordinance) – County Attorney.
(First Public Hearing held on 11/02/06).
(5) First reading of amendment to Alcohol Ordinance (Ordinance #68) – County Attorney.
(6) First reading of amendment to Ordinance #86 (Hotel, Motel & Lodging Excise Tax Ordinance) – County Attorney.
(7) Proposed Unified Development Code (Ordinance 87) changes pertaining to stream buffers – Assistant Director of Planning & Development.
(8) Issuance of a permit for the proposed vertical expansion, within the current property boundaries, of the Eagle Point Municipal Solid Waste Landfill (MSW) located at 8880 Old Federal Road – County Attorney.
(9) Request by Jerry Mabe regarding the denial of a variance to allow an easement to serve more than three (3) parcels – Denied by the Appeals Board on September 5, 2006 – AB# VA060074 – District #2 – Director of Planning & Development.
(Postponed from 11/02/06 Agenda).
(10) Request by Theodore (Mark) Weiss regarding the denial of a variance to allow an easement to serve more than three (3) parcels – Denied by the Appeals Board on September 5, 2006 – AB# VA060075 – District #2 – Director of Planning & Development.
(Postponed from 11/02/06 Agenda).
(11) Request by Riverbrooke Capital Partners, LLC to amend zoning conditions placed on ZA# 3115 (George F. Chandler, III) – District #2 – Director of Planning & Development.
(Postponed from 11/02/06 Agenda).
(12) Request by Ethan Underwood on behalf of Post Road Properties, LLC regarding the denial of a stream buffer and impervious setback variance on AB# VA060091 – Denied by the Appeals Board on October 3, 2006 – District #3 – Director of Planning & Development.
(13) Request by Peachtree Residential Properties to amend zoning conditions placed on ZA# 2915 (Coordinated Properties, Inc.) – District #2 – Director of Planning & Development.
(Postponed from 10/05/06; 11/02/06 and 11/16/06 Agendas).
(14) Request by John Wieland Homes and Neighborhoods, Inc. to amend zoning conditions placed on ZA# 3007 (Grant A. Grimes) – District #2 – Director of Planning & Development.
(Postponed from 11/02/06 and 11/16/06 Agendas).
(15) Request by Luz Cafferatta to amend zoning conditions placed on ZA# 2857 – District #2 – Director of Planning & Development.
(Postponed from 11/02/06 and 11/16/06 Agendas).
(16) Request by Eastbrooke Properties Post Road, LLC to amend zoning conditions placed on ZA# 3022 – District #3 – Director of Planning & Development.
(17) Request by Georgia Commercial Developers, LLC to amend zoning conditions placed on ZA# 3102 – District #4 – Director of Planning & Development.
(18) Request by PCH Creekside, LLC to amend zoning conditions placed on ZA# 3008 (Homecraft Design, LLC) – District #4 – Director of Planning & Development.
(19) Request by D & S Development Partners, LLC to amend zoning conditions placed on ZA# 2952 (Greenspace Properties, LLC) and a variance to UDC, Table 11.2(b) – District #1 – Director of Planning & Development.
(20) Request by Pulte Homes Corporation to amend zoning conditions placed on ZA# 2705 (Anna McManus & Mary Moore) and a variance to UDC, Table 11.2(a) – District #2 – Director of Planning & Development.
(21) Request by McGinnis Ferry, LLC to amend zoning conditions placed on ZA# 1772 (Derek O. Robinson & Laura A. Robinson) and a variance to UDC, Table 12.2 – District #2 – Director of Planning & Development.
(22) Request for renewal of alcohol licenses as shown on the attached list – County Attorney.
IX. Old Business:
(1) Rezoning requests: (Director of Planning & Development)
(A) North Georgia Land Group, Inc., ZA# 3253, A1 to RES-3 – District #4.
(Postponed from 07/20/06; 08/17/06; 09/21/06; 10/19/06 and 11/16/06 Agendas).
(B) Dewey C. White, ZA# 3289, R3 to CBD with a variance to the stream buffer requirements – District #2.
(Postponed from 09/21/06; 10/05/06; 10/19/06 and 11/16/06 Agendas).
(C) Dewey C. White, ZA# 3288, A1/R3 to CBD with a variance to the stream buffer requirements – District #2.
(Postponed from 10/19/06 and 11/16/06 Agendas).
(D) H. Gilstrap Development, LP, ZA# 3303, A1 to NS with a variance to the setback requirements, a variance to the buffer requirements and a variance to the building size requirements – District #2.
(Postponed from 11/16/06 Agenda).
(E) First Standard Constructions, Inc., ZA# 3310, A1 to RES-3 – District #3.
(Postponed from 11/16/06 Agenda).
(F) Jettison, LLC, (a/k/a Technology Park/Johns Creek), a Georgia Limited Liability Company, ZA# 3311, M1 to CBD with a Conditional Use Permit for a Continuing Care Retirement Community – District #2.
(Postponed from 11/16/06 Agenda).
(2) Request by Elliott Smith on behalf of John Wieland Homes, Inc. regarding the denial of a building separation variance – Denied by the Appeals Board on September 5, 2006 – AB# VA060080 – District #2 – Director of Planning & Development.
(Public Hearing held – postponed decision to 12/07/06).
(3) Adoption of Cable Franchise Agreement with Comcast – County Attorney.
(Postponed from 10/19/06 and 11/16/06 Agendas).
(4) Swifty Save Alcohol Suspension – County Attorney.
X. New Business:
(1) Appointment/reappointment of member to the Tax Assessors Board for District #2 (the term of Richard O’Brien expired 11/02/06) – Interim County Manager.
(2) Acceptance of RFP #06-72-2410 for providing Firefighter Physicals for Calendar Year 2007 – Interim Procurement Director.
(3) Rejection of Bid #06-64-1517 for office supplies on an annual contract – Interim Procurement Director.
(4) Acceptance of Bid #06-88-1500 for towing services for Forsyth County vehicles for Calendar Year 2007 – Interim Procurement Director.
(5) Acceptance of single source procurement for the Breathing Air Cascade System to be used in the new Fire Station 1 – Interim Procurement Director.
(6) Acceptance of sole source, to The Software Group, for the purchase of a new server – Interim Procurement Director.
(7) Acceptance to use Georgia State Contract Number S-050707 for office supplies – Interim Procurement Director.
(8) Approval of Sewer Reservation Agreement with DR Horton, Inc. – Director of Water & Sewer.
XI. Public Comments
XII. Recess Regular Meeting
XIII. Executive Session if Needed
XIV. Adjournment
Chairman Conway recognized a quorum and called the meeting to order.
Invocation and Pledge of Allegiance were given by Commissioner Laughinghouse.
ADOPTION OF AGENDA
CONSENT AGENDA
There was a motion by Commissioner Laughinghouse and a second by Commissioner Richard to move Consent Agenda, Item #7 (Adoption of Amended Employment Agreement for Forsyth County Aide Shawn Scott) to New Business, Item #9. Motion failed due to lack of a majority vote with two members in favor (Laughinghouse and Richard) and three members in opposition (Conway, Tam and Ledbetter).
There was a motion by Commissioner Laughinghouse and a second by Commissioner Richard to move Consent Agenda, Item #8 (Adoption of Amended Employment Agreement for Forsyth County Aide Jeanne Marie Cowdrey) to New Business, Item #9.
Prior to the vote, Commissioner Laughinghouse read the following into the record: On this evening’s agenda there are proposed employment contracts for certain at-will County employees. In those contracts the Board appears to be adding severance provisions to employment contracts that have historically not had severance payments upon termination. The addition of severance appears to be an effort by the Board to thwart the will of the incoming Board of Commissioners and to make terminations of these persons/positions expensive and punitive to the citizens of Forsyth County. I provide this notice simply to advise that any employment contract concerning an at-will employee adopted by this Board during December will be considered by me for possible termination in January irrespective of any severance requirement. In light of this notice, my fellow Board members may now take action with full knowledge of the likely consequences.
Motion failed due to lack of a majority vote with two members in favor (Laughinghouse and Richard) and three members in opposition (Conway, Tam and Ledbetter).
PUBLIC HEARINGS
There was a motion by Commissioner Laughinghouse and a second by Commissioner Richard to postpone Public Hearing, Item #1 (Request by Pizza Hut d/b/a Pizza Hut for a change of Licensee to Michelle J. Macht) to the December 21, 2006 meeting based upon the recommendation of staff. Motion carried unanimously.
There was a motion by Commissioner Laughinghouse and a second by Commissioner Tam to postpone Public Hearing, Item #7 (Proposed Unified Development Code (Ordinance #87) changes pertaining to stream buffers) to the January 4, 2007 meeting in order to have time to further review the changes with staff. Motion carried with three members in favor (Conway, Laughinghouse and Richard) and two members in opposition (Tam and Ledbetter).
There was a motion by Commissioner Tam and a second by Commissioner Ledbetter to postpone Public Hearing, Item #9 (Request by Jerry Mabe regarding the denial of a variance to allow an easement to serve more than (3) parcels – Denied by the Appeals Board on September 5, 2006 – AB# VA060074) to the December 21, 2006 meeting. Motion carried unanimously.
There was a motion by Commissioner Tam and a second by Commissioner Richard to postpone Public Hearing, Item #10 (Request by Theodore (Mark) Weiss regarding the denial of a variance to allow an easement to serve more than (3) parcels – Denied by the Appeals Board on September 5, 2006 – AB# VA060075) to the December 21, 2006 meeting. Motion carried unanimously.
There was a motion by Commissioner Tam and a second by Commissioner Ledbetter to postpone Public Hearing, Item #11 (Request by Riverbrooke Capital Partners, LLC to amend zoning conditions placed on ZA# 3115 – George F. Chandler, III) to the December 21, 2006 meeting. Motion carried unanimously.
There was a motion by Commissioner Tam and a second by Commissioner Ledbetter to postpone Public Hearing, Item #14 (Request by John Wieland Homes and Neighborhoods, Inc. to amend zoning conditions placed on ZA# 3007 – Grant A. Grimes) to the December 21, 2006 meeting. Motion carried unanimously.
There was a motion by Commissioner Tam and a second by Commissioner Ledbetter to postpone Public Hearing, Item #15 (Request by Luz Cafferatta to amend zoning conditions placed on ZA# 2857) to the December 21, 2006 meeting. Motion carried unanimously.
There was a motion by Commissioner Conway and a second by Commissioner Richard to postpone Public Hearing, Item #16 (Request by Eastbrooke Properties Post Road, LLC to amend zoning conditions placed on ZA# 3022) to the December 21, 2006 meeting at the request of the applicant. Motion carried unanimously.
There was a motion by Commissioner Tam and a second by Commissioner Ledbetter to postpone Public Hearing, Item #21 (Request by McGinnis Ferry, LLC to amend zoning conditions placed on ZA# 1772 – Derek O. Robinson & Laura A. Robinson and a variance to UDC, Table 11.2)) to the December 21, 2006 meeting. Motion carried unanimously.
OLD BUSINESSS
There was a motion by Commissioner Richard and a second by Commissioner Tam to postpone Old Business, Item #1A (North Georgia Land Group, Inc., ZA# 3253, A1 to RES-3) to the January 4, 2007 meeting for a Public Hearing. Motion carried unanimously.
There was a motion by Commissioner Tam and a second by Commissioner Ledbetter to postpone Old Business, Item #1B (Dewey C. White, ZA# 3289, R3 to CBD with a variance to the stream buffer requirements) to the December 21, 2006 meeting. Motion carried unanimously.
There was a motion by Commissioner Tam and a second by Commissioner Ledbetter to postpone Old Business, Item #1C (Dewey C. White, ZA# 3288, A1/R3 to CBD with a variance to the stream buffer requirements) to the December 21, 2006 meeting. Motion carried unanimously.
There was a motion by Commissioner Conway and a second by Commissioner Tam to postpone Old Business, Item #1E (First Standard Constructions, Inc., ZA# 3310, A1 to RES-3) to the December 21, 2006 meeting to allow the attorneys another opportunity to meet. Motion carried unanimously.
There was a motion by Commissioner Richard and a second by Commissioner Tam to postpone Old Business, Item #3 (Adoption of Cable Franchise Agreement with Comcast) to the December 21, 2006 meeting. Motion carried unanimously.
NEW BUSINESS
There was a motion by Commissioner Laughinghouse and a second by Commissioner Richard to table New Business, Item #8 (Approval of Sewer Reservation Agreement with DR Horton, Inc.) until the issues surrounding the James Creek Plant are settled. Motion failed due to lack of a majority vote with two members in favor (Laughinghouse and Richard) and three members in opposition (Conway, Tam and Laughinghouse).
There was a motion by Commissioner Ledbetter and a second by Commissioner Tam to adopt the agenda as amended. Motion carried unanimously.
UNDER ANNOUNCEMENTS AND REPORTS THE FOLLOWING ACTIONS WERE TAKEN:
Commissioner Richard made the following announcement: Concerning the Consent Agenda tonight, it appears the Board is moving forward as Commissioner Laughinghouse said to thwart the will of an incoming Board. If this Board chooses to move forward with this particular matter in complete disregard of the incoming majority because some folks will think that this will tie our hands on January 1, I’ll remind you today is December 7 and I’ll adopt a quote from Admiral Yamamoto who said: “I fear you have awakened a sleeping giant and filled him with a terrible resolve”.
UNDER PUBLIC COMMENTS THE FOLLOWING PERSONS ADDRESSED THE BOARD:
Gene Long
Dr. Tracy Land
Lora Weaver
Vinny Boos
David Mogul
UNDER ADOPTION OF MINUTES THE FOLLOWING ACTIONS WERE TAKEN:
Called Meeting/Work Session and Executive Session of November 14, 2006
There was a motion by Commissioner Richard and a second by Commissioner Ledbetter to adopt the minutes of the Called Meeting/Work Session and Executive Session of November 14, 2006. Motion carried unanimously.
Regular Meeting/Public Hearings and Executive Session of November 16, 2006
There was a motion by Commissioner Tam and a second by Commissioner Laughinghouse to adopt the minutes of the Regular Meeting/Public Hearings and Executive Session of November 16, 2006. Motion carried unanimously.
CONSENT AGENDA
There was a motion by Commissioner Tam and a second by Commissioner Ledbetter to approve the Consent Agenda as follows:
The adoption of Resolutions authorizing Affidavits concerning Executive Sessions of November 14, 2006 and November 16, 2006.
The adoption of contract between Forsyth County and Heery International.
The appointment of the Forsyth County Planning Commission as the Impact Fee Advisory Committee.
(Approved at Called Meeting/Work Session on 11/14/06).
The authorization to proceed with issuance of a RFP for the Master Plan of Fowler Park in an amount not to exceed $60,000.
(Approved at Called Meeting/Work Session on 11/14/06).
The approval of additional funding from the Capital Fund in the amount of $274,814 for Fire Station #1.
(Approved at Called Meeting/Work Session on 11/14/06).
The approval of additional funding in the amount of $803,494 from the Capital Fund for the 4 bay Fire Station #2.
(Approved at Called Meeting/Work Session on 11/14/06).
The adoption of Amended Employment Agreement for Forsyth County Aide, Shawn Scott.
The adoption of Amended Employment Agreement for Forsyth County Aide, Jeanne Marie Cowdrey.
The request by Interim Procurement Director for renewal of the following contracts for calendar year 2007:
(A) Cannon Hygiene
(B) CH2M Hill
(C) Commercial Air
(D) D&D Cont.
(E) Data Voice
(F) Delta Municipal
(G) Diversified Adjustment
(H) Integrated Fire
(I) International Contracting
(J) Lewis Sprinkler
(K) Mill Creek Environment
(L) North Cherokee Electrical
(M) North GA Reprographics
(N) Orkin Pest
(O) Parker Traffic Markings
(P) Peek Pavement
(Q) Picture Perfect
(R) Prime Powel Services
(S) ProMark
(T) Southeast Road
(U) Sandy Springs
(V) Wallace Landscape
(W) Your Answering Service
(X) Townley and Amos
(Y) Pendley & Pendley, Ronald S. Foster, Stripling Group
(Z) Nova, Universal, United
The renewal of contract with Woodard & Curran for the operation and maintenance of the Forsyth County Water Treatment Facility.
(Approved at Called Meeting/Work Session held on 09/28/06).
The approval and execution of Right-of-Way documents between Forsyth County and the Department of Transportation for the dedication of .794 acres of required right-of way for Parcel 47 of Project STP-0000-00(810) – State Route 9 and Castleberry Road Intersection Improvements.
The authorization to advertise for the proposed abandonment of Densmore Road in Land Lots 992 and 1024 of the Second District, First Section of Forsyth County – District #2.
The request by Director of Engineering for acceptance of right-of-way as County maintained road and initiation of 18 month maintenance period for Oxbo Circle and Samples Field Road in Vickery, Phase 4C with a speed limit of 20 m.p.h.
The 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) Brandon Hall, Phase 2
(1) Barton Court
(2) Briarcliff Court
(3) Cheltenham Place
(4) Heathcliff Way
(5) Wykeshire Court
(B) Blackstock Mill, Phase 3
(1) Garrison Court
(C) Bridlewood, Phase 1-A
(1) Belcrest Way
(2) Edison Place
(3) Fernbrook Place
(4) Osprey Court
(D) Hopewell Manor, Phase 2
(1) Hopewell Manor Drive
(2) Mundy Court
(3) Rob Court
(4) Walt Court
(E) Quail Hollow
(1) Balsam Bark Drive
(2) Harvest Turn Lane
(3) Silent Path
(4) Woodlet Court
The adoption of Surplus Property Resolution.
(Adopted at Called Meeting/Work Session held on 11/28/06).
The acceptance of RFP# 06-82-1600 for the upgrade to the video equipment in the Commissioners’ Meeting Room and Video Production Room.
(Approved at Called Meeting/Work Session held on 11/28/06).
The approval of letter supporting annexation of Mary Alice Park.
(Approved at Called Meeting/Work Session held on 11/28/06).
The approval of Settlement Agreement between Wildcat Springs, LLLP; Creekstone Village, LLC; Forsyth County, Georgia and High Pointe Capital, LLC an Deed of Abandonment between Forsyth County, Georgia and Creekstone Village, LLC.
(Approved at Called Meeting/Work Session held on 11/28/06).
The adoption of Forsyth County and Fulton County Intergovernmental Agreement for the Provision of Water, Reuse Water and Sewer Services to the Manor Golf and County Club.
(Approved at Called Meeting/Work Session held on 11/28/06),
The appointment of Joanne Tolleson, Jerry Blankenship, Bobby Thomas, Tim Perry and Pam Sessions to the Development Authority Board.
(Approved at Called Meeting/Work Session held on 11/28/06).
The ratification of sewer billing adjustments related to the short-term water billing cap.
(Approved at Called Meeting/Work Session held on 11/28/06).
The approval of Three Chimneys Farm Landscape and Maintenance Agreement.
Motion carried with three members in favor (Conway, Tam and Ledbetter) and two members in opposition (Laughinghouse and Richard).
UNDER PUBLIC HEARINGS THE FOLLOWING ACTIONS WERE TAKEN:
There was a motion by Commissioner Richard and a second by Commissioner Ledbetter to move Public Hearing, Item #8 (Issuance of a permit for the proposed vertical expansion, within the current property boundaries, of the Eagle Point Municipal Solid Waste Landfill (MSW) located at 8880 Old Federal Road) to Public Hearing, Item #1. Motion carried unanimously.
Issuance of a permit for the proposed vertical expansion, within the current property boundaries, of the Eagle Point Municipal Solid Waste Landfill (MSW) located at 8880 Old Federal Road
There was a motion by Commissioner Richard and a second by Commissioner Tam to open the Public Hearing. Motion carried unanimously.
Speaking in favor:
Michael Stubbs
Speaking in opposition:
None
There was a motion by Commissioner Richard and a second by Commissioner Laughinghouse to close the Public Hearing. Motion carried unanimously.
There was no action taken.
Request for the issuance of an Alcohol License by Stature, LLC d/b/a The Cigar Shoppe, Named Licensee is Keith Muller, application to sell Malt Beverages (Beer) & Wine for Consumption on the Premises – District #4
There was a motion by Commissioner Richard and a second by Commissioner Tam to open the Public Hearing. Motion carried unanimously.
Speaking in favor:
Keith Muller
Speaking in opposition:
None
There was a motion by Commissioner Tam and a second by Commissioner Richard to close the Public Hearing. Motion carried unanimously.
There was a motion by Commissioner Richard and a second by Commissioner Tam to approve the request for issuance of an Alcohol License by Stature, LLC d/b/a The Cigar Shoppe, Named Licensee is Keith Muller, application to sell Malt Beverages (Beer), & Wine for Consumption on the Premises. Motion carried unanimously.
Request for the issuance of an Alcohol License by P&KC Store, Inc. d/b/a P&KC Store, Inc., Named Licensee is Shanim P. Haimani, application to sell Malt Beverages (Beer) & Wine by the Package – District #1
There was a motion by Commissioner Laughinghouse and a second by Commissioner Richard to open the Public Hearing. Motion carried unanimously.
No one spoke in favor or opposition.
There was a motion by Commissioner Laughinghouse and a second by Commissioner Richard to close the Public Hearing. Motion carried unanimously.
There was a motion by Commissioner Laughinghouse and a second by Commissioner Richard to approve the request for issuance of an Alcohol License by P&KC Store, Inc. d/b/a P&KC Store, Inc., Named Licensee is Shanim P. Haimani, application to sell Malt Beverages (Beer) & Wine by the Package. Motion carried unanimously.
Request for issuance of an Alcohol License by Chung’s Package d/b/a Chung’s Package, Named Licensee is Yong Kreiger, application to sell Malt Beverages (Beer), Wine & Distilled Spirits by the Package – District #5
There was a motion by Commissioner Richard 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 Richard and a second by Commissioner Tam to close the Public Hearing. Motion carried unanimously.
There was a motion by Commissioner Ledbetter and a second by Commissioner Tam to approve the request for issuance of an Alcohol License by Chung’s Package d/b/a Chung’s Package, Named Licensee is Yong Kreiger, application to sell Malt Beverages (Beer), Wine & Distilled Spirits by the Package. Motion carried unanimously.
Consideration to repeal Ordinance #14 (Tributary Protection Code)
There was a motion by Commissioner Richard and a second by Commissioner Ledbetter to open the Public Hearing. Motion carried unanimously.
No one spoke in favor or opposition.
There was a motion by Commissioner Richard and a second by Commissioner Tam to close the Public Hearing. Motion carried unanimously.
There was a motion by Commissioner Richard and a second by Commissioner Ledbetter to repeal Ordinance #14 (Tributary Protection Code) in its entirety. Motion carried unanimously.
Second reading of amendment to Ordinance #102 (Parks & Recreation Ordinance)
There was a motion by Commissioner Laughinghouse and a second by Commissioner Ledbetter to open the Public Hearing. Motion carried unanimously.
Speaking in favor:
John Monroe
Kelly Kennett
Speaking in opposition:
None
There was a motion by Commissioner Richard and a second by Commissioner Laughinghouse to close the Public Hearing. Motion carried unanimously.
There was a motion by Commissioner Richard and a second by Commissioner Laughinghouse to approve the amendment to Ordinance #102 (Parks & Recreation Ordinance) as presented. Motion carried unanimously.
First reading of amendment to Alcohol Ordinance (Ordinance #68)
There was a motion by Commissioner Richard and a second by Commissioner Laughinghouse to open the Public Hearing. Motion carried unanimously.
No one spoke in favor or opposition.
There was a motion by Commissioner Richard and a second by Commissioner Laughinghouse to close the Public Hearing. Motion carried unanimously.
This item requires a second Public Hearing.
First reading of amendment to Ordinance #86 (Hotel, Motel & Lodging Excise Tax Ordinance)
There was a motion by Commissioner Ledbetter and a second by Commissioner Laughinghouse 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 Richard to close the Public Hearing. Motion carried unanimously.
This item requires a second Public Hearing.
Request by Ethan Underwood on behalf of Post Road Properties, LLC regarding the denial of a stream buffer and impervious setback variance on AB# VA060091 – Denied by the Appeals Board on October 3, 2006 – District #3
There was a motion by Commissioner Richard and a second by Commissioner Laughinghouse to open the Public Hearing. Motion carried unanimously.
Speaking in favor:
Ethan Underwood
Speaking in opposition:
None
There was a motion by Commissioner Richard and a second by Commissioner Tam to close the Public Hearing. Motion carried unanimously.
There was a motion by Commissioner Conway and a second by Commissioner Richard to approve the variance AB# VA060091. Motion carried unanimously.
Request by Peachtree Residential Properties to amend zoning conditions placed on ZA# 2915 (Coordinated Properties, Inc.) – District #2
There was a motion by Commissioner Tam and a second by Commissioner Richard 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 Richard to close the Public Hearing. Motion carried unanimously.
There was a motion by Commissioner Tam and a second by Commissioner Richard to approve the request by Peachtree Residential Properties to amend zoning conditions placed on ZA# 2915 (Coordinated Properties, Inc.) as displayed which reads as follows:
Modify Condition #32 to read: Fronts shall be of brick, stone, hard coat stucco, or a combination thereof, except that full front porches at least 4 feet deep, excluding garages, may be of brick, stone, hard coat stucco or hardi-plank. The following may be used as an accent material only, not to exceed 20% of elevation: cement shake, cedar shake or a cementious material, such as hardi-plank. Board and batten may not be used and will be removed from existing homes located on lots 112, 15, 152 and 148. The remaining three sides shall be of any of the above materials or combination thereof. No vinyl materials may be used.
Motion carried unanimously.
Request by Georgia Commercial Developers, LLC to amend zoning conditions placed on ZA# 3102 – District #4
There was a motion by Commissioner Richard and a second by Commissioner Laughinghouse to open the Public Hearing. Motion carried unanimously.
Speaking in favor:
Elliott Smith
Mark Rogers
Speaking in opposition:
None
There was a motion by Commissioner Richard and a second by Commissioner Tam to close the Public Hearing. Motion carried unanimously.
There was a motion by Commissioner Richard and a second by Commissioner Tam to approve the request by Georgia Commercial Developers, LLC to amend zoning conditions placed on ZA# 3102 as displayed which reads as follows:
Modify Condition #1 to read: The Georgia 400 buffer required by Section 10-1.10(b) shall be allowed to be graded and replanted in accordance with a landscape plan prepared by a registered engineer or landscape architect and overseen by the County Arborist.
Motion carried unanimously.
Request by PCH Creekside, LLC to amend zoning conditions placed on ZA# 3008 (Homecraft Design, LLC) – District #4
There was a motion by Commissioner Richard and a second by Commissioner Ledbetter to open the Public Hearing. Motion carried unanimously.
Speaking in favor:
Lee Dailey
Speaking in opposition:
None
There was a motion by Commissioner Richard and a second by Commissioner Ledbetter to close the Public Hearing. Motion carried unanimously.
There was a motion by Commissioner Richard and a second by Commissioner Tam to delete Condition #3 and Condition #5 on ZA# 3008 and to add one (1) additional condition which shall read:
The residential portion of the property shall be limited to no more than 210 single family detached homes and 55 townhomes.
Motion carried unanimously.
Request by D & S Development Partners, LLC to amend zoning conditions placed on ZA# 2952 (Greenspace Properties, LLC) and a variance to UDC, Table 11.2(b) – District #1
There was a motion by Commissioner Laughinghouse and a second by Commissioner Richard to open the Public Hearing. Motion carried unanimously.
Speaking in favor:
Elliott Smith
Speaking in opposition:
None
There was a motion by Commissioner Richard and a second by Commissioner Tam to close the Public Hearing. Motion carried unanimously.
There was a motion by Commissioner Laughinghouse and a second by Commissioner Richard to approve the request by D & S Development Partners, LLC to amend zoning conditions placed on ZA# 2952 (Greenspace Properties, LLC) as follows:
Modify Condition #28 to read: Variances are granted to allow for a reduction in the front yard setback from 30 feet to 20 feet on lots 22 through 35, lots 45 through 54 and lots 216 through 225. No other variances shall be granted.
Motion carried unanimously.
Request by Pulte Homes Corporation to amend zoning conditions placed on ZA# 2705 (Anna McManus & Mary Moore) and a variance to UDC, Table 11.2(a) – District #2
There was a motion by Commissioner Richard and a second by Commissioner Laughinghouse to open the Public Hearing. Motion carried unanimously.
Speaking in favor:
Elliott Smith
Speaking in opposition:
None
There was a motion by Commissioner Laughinghouse and a second by Commissioner Richard to close the Public Hearing. Motion carried unanimously.
There was a motion by Commissioner Tam and a second by Commissioner Richard to approve the request by Pulte Homes Corporation to amend zoning conditions placed on ZA# 2705 (Anna McManus & Mary Moore) and a variance to UDC, Table 11.2(a) as displayed which reads as follows:
Modify Condition #22 to read: This zoning is conditioned to the site plan as presented with a date of July 16, 2004 depicting a density of no more than 2.77 units per acre. Also, with a variance granted to allow a minimum five (5) foot side yard setback while maintaining fifteen (15) feet between structures. The berming and plantings along John B. Densmore and Coreen Frady shall be maintained.
Motion carried unanimously.
Renewal of Alcohol Licenses for 2007
There was a motion by Commissioner Richard 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 Richard and a second by Commissioner Laughinghouse to close the Public Hearing. Motion carried unanimously.
There was a motion by Commissioner Richard and a second by Commissioner Laughinghouse to approve the request for renewal of Alcohol Licenses for 2007 as follows:
BEER & WINE BY THE PACKAGE
Individual, Corp., Partnership
Named Licensee Private Club or Organization Location/Address
Angad, Inc.
Chanmeet Saluja dba Quick Mart Citgo 2860 Old Atlanta Road, Cumming 30041
BP Products of North America
Debra J. Cagwin dba BP #4377 3240 Peachtree Pkwy., Suwanee 30024
Debra J. Cagwin dba BP #01766 1385 McFarland Road, Alpharetta 30004
Debra J. Cagwin dba BP #4373 2280 Canton Hwy., Cumming 30040
Debra J. Cagwin dba BP #4382 2291 Atlanta Hwy., Cumming 30040
Debra J. Cagwin dba BP #4383 901 Buford Hwy., Cumming 30041
Ebrahim Akbarshahi Buford Dam Quick Stop 2595 Buford Dam Road, Cumming 30041
Gayatri Tapansingh Citgo at Cumming Square 1410 Atlanta Hwy., Cumming 30040
Clipper Petroleum, Inc.
Charles Steven Hall dba Circle M Food Shop #38 5430 Bannister Road, Cumming 30040
Charles Steven Hall dba Circle M. Food Shop #39 4790 Jot’em Down Road, Cumming 30041
Florence Daniel Daniel's Grocery 2355 Pilgrim Mill Rd, Cumming 30041
Dwij Corporation
Dwijen Shah dba Quick Serve 6565 Heardsville Road, Cumming 30040
Family, Inc.
Noor Jan dba Mobil Food Mart 3715 Browns Bridge Road, Cumming 30040
Forsyth C Store, Inc.
Noor Jan dba Canton Shell 2320 Canton Hwy., Cumming 30040
Chih-Neng Yang Frances Superette II, Inc. 6700 Atlanta Hwy., Alpharetta 30004
Malik Pirani Granny’s 4820 Dawsonville Hwy., Gainesville 30506
Harvester Motel, Inc.
Naimesh N. Patel dba Lake Lanier Shell 7515 Browns Bridge Rd., Gainesville 30506
Russ Hubbard Hubbard’s Cupboard 3845 Browns Bridge Road, Cumming 30041
Ingles Markets, Inc.
Gregory M. Adams dba Ingles Markets, Inc. #106 6055 Bethelview Rd, Cumming 30040
Gregory M. Adams dba Ingles Markets, Inc. #455 1090 Buford Hwy, Cumming 30041
Gregory M. Adams dba Ingles Markets, Inc. #456 2835 Keith Bridge Rd, Cumming 30041
BEER & WINE BY THE PACKAGE (continued)
Individual, Corp., Partnership
Named Licensee Private Club or Organization Location/Address
Dilbag S. Khera Jot Em Down Store 6810 Keith Bridge Road, Gainesville 30506
Kairos International
Jane J. Kim dba Citgo Food Mart 2380 Pilgrim Mill Road, Cumming 30041
Kroger
Lori A. Dodson dba Kroger #432 2325 Bethelview Road, Cumming 30040
Lori A. Dodson dba Kroger #444 5665 Hwy. 9, Alpharetta 30004
Lori A. Dodson dba Kroger #473 2655 Freedom Pkwy., Cumming 30041
Lori A. Dodson dba Kroger Store #343 540 Lakeland Plaza, Cumming 30040
Lori A. Dodson dba Kroger Store #434 3651 Peachtree Pkwy., Suwanee 30024
Lori A. Dodson dba Kroger Store #486 1595 Peachtree Pkwy, Cumming 30041
Luther Dennis Bradley Lakeland Fuel and Shine, Inc. 502 Lakeland Plaza, Cumming 30040
Lamar D. Williams Lanier Fuel and Shine, Inc. 1620 Buford Dam Road, Cumming 30041
Hussain Budhani Leon’s Food Mart 5410 Matt Highway, Cumming 30040
Lamar Williams Midway Fuel and Shine 4870 Atlanta Highway, Alpharetta 30004
Woo Chun Yang Mini Trip 8585 Browns Bridge Rd, Gainesville 30506
Neal Retail, Inc.
Chirag Chhotabhai Patel dba Chevron 4325 Browns Bridge Rd., Cumming 30041
Choon Wha Shin Oscarville Country Store 8430 Browns Bridge Rd, Gainesville 30506
Reshma Jamani Parkway Foodmart 325 Peachtree Parkway, Cumming 30041
Raghopal Reddy Damidi Pride Land, Inc. 3375 Keith Bridge Road, Cumming 30041
Shamim Parvez Himani Priya Food Mart 5320 Highway 9 North, Alpharetta 30004
Publix Super Markets, Inc.
Joseph L. Formby dba Publix Super Markets, Inc. #1089 5180 McGinnis Ferry Rd., Alpharetta 30005
Joseph L. Formby dba Publix Super Markets, Inc. #1091 7780 McGinnis Ferry Road, Suwanee 30024
Joseph L. Formby dba Publix Super Markets, Inc. #1130 5475 Bethelview Road, Cumming 30040
Joseph L. Formby dba Publix Super Markets Inc. #26 1735 Buford Hwy, Cumming 30041
Joseph L. Formby dba Publix Super Markets, Inc. #49 3480 Keith Bridge Road, Cumming 30041
Joseph L. Formby dba Publix Super Markets, Inc. #519 580 Atlanta Road, Cumming, GA 30040
Joseph L. Formby dba Publix Super Markets, Inc. #565 3245 Peachtree Parkway, Suwanee 30024
Joseph L. Formby dba Publix Super Markets, Inc. #616 4900 Highway 9 North, Alpharetta 30004
Iqbal Hakani Quick Stop #1 2383 Canton Highway, Cumming 30040
Quyam Lakhani Quickstop #4 5715 Highway 9, Alpharetta 30004
Albert Dewey Wagner II Quiktrip #778 3611 Peachtree Pkwy., Suwanee 30024
Albert Dewey Wagner II Quiktrip #812 2830 Keith Bridge Road, Cumming 30041
Beer & Wine by the Package (Continued)
Individual, Corp., Partnership
Named Licensee Private Club or Organization Location/Address
John Dolen Hedrick, III Racetrac #114 915 McFarland Blvd., Alpharetta 30004
Samee Investment, Inc.
Nazim N. Ali dba Citgo Quik Mart 765-A McFarland Road, Alpharetta 30004
Sharin, Inc.
Yasmeen Hakani dba Citgo Quick Mart 6415 Hwy 9 North, Alpharetta 30004
RJ, Inc.
Ghulam Ahmed dba Smartmart 2653 Peachtree Pkwy. Suwanee 30024
DH Trading, Inc.
Mun S. Kim dba Right Stuff 554 Atlanta Road, Cumming 30040
Khosrow Hooman Rapid Mart 5490 Highway 9 N, Alpharetta 30004
Saleem S. Hajiyani Super A Food and Gas 1310 Canton Highway, Cumming 30040
Yong Kreiger Citgo Gas 3380 Buford Highway, Cumming 30041
Superior Group, Inc.
Steve H. Rajabi dba Texaco Food Mart 7110 McGinnis Ferry Road, Suwanee 30024
OUM Investment, Inc.
Sudhirkumar H. Patel dba T J Foodmart 3671 Hutchinson Road, Cumming 30040
TAJ International, Inc.
Murad Jiwani dba Shell Food Mart 5110 Browns Bridge Road, Cumming 30041
Mickey D. Staten Eckerd Drugs #985 2323 Canton Highway, Cumming 30040
Mickey D. Staten Eckerd Drugs #6772 1455 Peachtree Parkway, Cumming 30041
Mickey D. Staten Eckerd Drugs #895 2820 Keith Bridge Road, Cumming 30041
Nirmal Corporation
Harvinder Kaur dba Ducktown Food Market 4636 Canton Highway, Cumming 30040
DISTILLED SPIRITS, BEER & WINE
FOR SELL BY THE PACKAGE
Individual, Corp., Partnership
Named Licensee Private Club or Organization Location/Address
Hyun K. Shin Clubhouse Package 2330 Canton Highway, Cumming 30040
Richard Sheroff Lake Pointe Package, Inc. 5285 Pointe Ctr. Dr, Suite G, Cumming
Rakesh Panday Liquor Locker 2325 Atlanta Highway, Cumming 30040
Dzuy The Tran Package Place 3084 Keith Bridge Rd, Cumming 30041
DISTILLED SPIRITS, BEER & WINE
FOR SELL BY THE PACKAGE (continued)
Individual, Corp., Partnership
Named Licensee Private Club or Organization Location/Address
Liliana Chalfant World Beverage 6190 Hwy. 400, Cumming 30040
Kretzer M. Wilkes Wilkes Bottle Shoppe 5525 Bannister Road, Cumming 30040
Nathan Popky Pop’s Wine and Spirits Company, LLC 3121 Peachtree Pkwy, Suwanee 30024
DISTILLED SPIRITS, BEER AND WINE
FOR CONSUMPTION ON THE PREMISES
Individual, Corp., Partnership
Named Licensee Private Club or Organization Location/Address
Apple Restaurants, Inc.
William F. Palmer dba Applebee's #24 4210 Johns Creek Pkwy., Suwanee 30024
William F. Palmer dba Applebee’s #12 504 Lakeland Plaza, Cumming 30040
Atkins Park @ Vickery Village, LLC
Kevin Drawe dba Atkins Park Tavern 5820 S. Vickery Street, Cumming 30040
Carol Murphy Austin's Steak & Seafood 506 Lakeland Plaza, Cumming 30040
Krist Biba Biba’s Italian Restaurant 1475 Peachtree Pkwy #C5, Cumming 30041
Erasmo Macias Casa Macias 549 Lakeland Plaza, Cumming 30040
Mario A. Fundora Casa Nuova 5670 North Hwy. 9, Ste 1, Alpharetta 30004
Clubcorp Gen Par of Texas, LLC
Scott Alan Kliesen dba Laurel Springs Golf Club 6400 Golf Club Drive, Suwanee 30024
Michael J. Bidwell Doubleshot Saloon 4295 Browns Bridge Road, Cumming 30041
Livorio Hernandez El Maguey Mexican Restaurant 5925 Gateway Drive, Alpharetta 30004
Midelvia Macias Fajita Grill #3 3952 Canton Highway, Cumming 30040
Guadalupe Medina Fajita Mexican Grill, Inc. 5955 Atlanta Hwy., Alpharetta 30004
Maria Retana Fajita’s Mexican Restaurant #2, Inc. 2595 Freedom Pkwy., Cumming 30041
Keith Melvin Hampton Golf Village 6310 Hampton Golf Club Drive, Cumming
Heritage Golf Polo, LLC
Larry K. Hayes, Jr. dba Polo Golf and Country Club 6300 Polo Club Drive, Cumming 30040
Luis Carlos Rodriguez La Cazuela Mexican Restaurant 4090 Johns Creek Pkwy., Suwanee 30024
Senor Frogs, Inc.
Kim L. Bucher dba Cinco Mexican Cantina 5206 McGinnis Ferry Rd, Alpharetta 30005
Joseph L. Guerra Sequoia Golf Olde Atlanta, LLC 5750 Olde Atlanta Pkwy. Suwanee 30024
DISTILLED SPIRITS, BEER AND WINE
FOR CONSUMPTION ON THE PREMISES (continued)
Individual, Corp., Partnership
Named Licensee Private Club or Organization Location/Address
Vincent Spencer Sequoia Golf Windermere, LLC 5000 Davis Love Drive, Cumming 30041
William C. Villani VFW Post 9143 1045 Dahlonega Hwy., Cumming 30040
Long Ashes, LLC
Malcolm Hammonds dba Three Dollar Café 1485 Peachtree Pkwy., Suite D4, Cumming
440 Corporation
Jane I. Campbell dba The Ridge Great Steaks & Seafood 1035 Turner Road, Cumming 30041
Thunderbird Lanes, LLC
Christopher P. Albano dba Stars and Strikes Family Entertainment 133 Merchants Square, Cumming 30040
EESH, Inc.
Hiteshkum Patel dba Indigo Joes Sports Pub & Restaurant 872 Buford Highway, Cumming 30041
BEER AND WINE
FOR CONSUMPTION ON THE PREMISES
Individual, Corp., Partnership
Named Licensee Private Club or Organization Location/Address
G. Brian Miller Alessio’s Restaurant & Pizzeria 7754 McGinnis Ferry Rd, Suwanee 30024
Mildred E. Jordan Bad Bob’s BBQ 2340 Atlanta Hwy., Cumming 30040
Hurtis Hulon Speigner Beef O’Brady’s #2 3590 Old Atlanta Road, Suite 209, Suwanee
Chen & Kuo Co., Inc.
Cheng James Chen dba Pearl of China Restaurant 3651 Peachtree Pkwy., Suite D, Suwanee
Dimitris K. Tzortzia Giorgio’s Italian Restaurant 558 Lakeland Plaza, Cumming 30040
Quang Lam Golden Palace 2300 Bethelview Rd #108, Cumming 30040
Mu-Tan Cheng Hachi Hachi Forsyth, Inc. 3630 Peachtree Pkwy #603, Suwanee
Lee, Chi & Wang, Inc.
Been Chuan Lee dba Lee’s Golden Buddha X 170 Tri County Plaza, Cumming 30040
Moe’s Cumming, LLC
Brian C. Wesolowski dba Moe’s Southwest Grill 1175 Buford Hwy., Suite 100, Cumming
Mully’s, Inc.
Brett Wright dba Moe’s SW Grill 2320 Atlanta Hwy., Suite 106, Cumming
John Marshall PJ’s Coffee and Wine Bar 5220 McGinnis Ferry Rd, Alpharetta 30005
Yong & Wang, Inc.
Wee Name Yong dba China Garden 2647 Freedom Parkway, Cumming 30041
BEER AND WINE
FOR CONSUMPTION ON THE PREMISES (continued)
Individual, Corp., Partnership
Named Licensee Private Club or Organization Location/Address
Sun Chau Wok & Chopsticks, Inc. 1525 McFarland Road #101, Alpharetta
Bytes to Bites, LLC
Franco Negri dba Johnny’s New York Style Pizza 3490 Keith Bridge Road, Cumming 30041
Agus Johana Mix Izumi Sushi House 2332 Atlanta Hwy., Cumming 30040
Lei Giok Ho Rice Restaurant and Sushi Bar 3480 Keith Bridge Road, #B-1, Cumming
Sharon Kurnett Sid’s Pizza and Grill 2631 Peachtree Parkway, Suwanee 30024
J.R.S., Inc.
James R. Saddler dba Countryland 6560 Mayfield Drive, Cumming 30041
Noodle Head Group, Inc.
Hoi Kok Au dba Chin Chin Bowl & Sushi 3495 Peachtree Pkwy., Suwanee 30024
Audoin, Inc.
Kyle A. Ortis dba Mellow Mushroom 34-36 Tri County Plaza, Cumming 30040
WHOLESALE DISTRIBUTION
(DISTRIBUTORS TO LICENSED DEALERS)
Named Licensee Wholesale Distributor Location/Address
Leon Farmer, Jr. Leon Farmer and Company 2851 White Sulphur Road, Gainesville 30501
Wayne T. McClure United Distributors, Inc. 5500 United Drive, Smyrna 30082
Motion carried unanimously.
The Board took a recess.
The Board came out of recess and reconvened the Regular Meeting.
UNDER OLD BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:
H. Gilstrap Development, LP, ZA# 3303, A1 to NS with a variance to the setback requirements, a variance to the buffer requirements and a variance to the building size requirements – District #2
There was a motion by Commissioner Tam and a second by Commissioner Ledbetter to approve the rezoning request by H. Gilstrap Development, LP, ZA# 3303, A1 to NS with a variance to the setback requirements, a variance to the buffer requirements and a
variance to the building size requirements with the conditions as displayed which read as follows:
1. Development of this site shall not vary from required environmental protection regulations.
2. The uses permitted shall be limited to those allowed for an O&I use district and further limited to allow for the operation of a daycare only. No variance to this condition may be sought for a minimum for five (5) years
3. The development must meet fire flows of 1500 gpm, or irrigation demands, whichever is greater. All improvements to the County water and sewer systems that are required to serve this development, as determined by the Forsyth County Water and Sewer Department, shall be designed and constructed at the expense of the developer.
4. An in-house traffic study by the Forsyth County Engineering Department shall be conducted within three months after the opening of John’s Creek Elementary School and a copy of said study shall be furnished to the St. Marlo Homeowners Association.
5. Any sewer lines installed to serve this development will be sized to serve the entire basin. Line sizes must be in accordance with the Forsyth County Sewer Master Plan. In areas of the project where public sewer is not installed, the developer shall provide a separate sewer easement (permanent and construction easement) for future installation of public sewer, in all areas designated by the Department or by the Forsyth County Sewer Master Plan.
6. Developer shall dedicate right of way 60' feet from centerline of Old Atlanta Road.
7. Developer shall align proposed entrance with St. Marlo Country Club Parkway.
8. Developer shall construct improvements as required by Department of Engineering based upon final configuration of site plan.
9. Developer shall pay the County a sum not to exceed $15,000 toward the installation of a traffic light at the entrance to the subject property where it aligns with the St Marlo entrance. Payment shall be made within 30 days of issuance of a CO.
10. Playground shall be located to the rear of the daycare building.
11. Commercial exterior lighting fixtures shall be the top box type and situated so that light is directed only downward. The site shall go dark after 9:00 p.m. and remain dark until 6:00 a.m. The fixtures shall be not closer than five feet (5’) of the perimeter of a parking lot. Fixtures shall be no more than twenty-five feet (25’) high and shall be designed so as to minimize light spillage to no more than 1-foot candle along the boundary of the property.
12. There shall be no billboards or signs on poles. All signs will be of monument type not to exceed ten feet (10’) in height.
13. Developer shall ensure that parking will be divided as to relieve the monotony of large expanses of paving and shall include landscaped parking islands as depicted on the site plan. There shall be a forty foot (40’) landscape strip along the frontage of the property with Old Atlanta Road. All landscape strips and parking islands are required to contain a combination of at least two (2) of the following elements to provide a minimum of three (3) levels of scale: vegetative ground cover, herbaceous ornamentals, and low to mid-level shrubs in addition to a combination of large canopy or evergreen trees such as Leyland Cypress with a minimum height of 10’ at installation. Provided that subject plantings do not violate any easement requirements
14. Exterior construction hours including grading and site preparation shall be limited to 7:00 a.m. to 7:00 p.m., Monday through Friday and 8:00 a.m. to 6:00 p.m. on Saturday. There shall be no outside construction on Sunday.
15. The daycare shall apply for the State of Georgia Pre-K Program to be provided at the daycare facility.
16. Garbage dumpster pickup shall be between 6:00 a.m. and 9:00 p.m., Monday thru Saturday.
17. Hours of operation will be no earlier than 6:00 a.m. and no later than 9:00 p.m.
18. All building facades shall consist of brick, stone, or glass. Stucco and painted dimensioned wood or cement material, such as hardiplank, may be used as accent material only, not to exceed 10% of surface area. Exterior building material shall not be of concrete masonry units, aluminum or vinyl siding, or corrugated steel.
19. Signage shall conform to that version of the Forsyth County Sign Ordinance in existence at the time that a sign permit application is submitted.
20. No Commercial deliveries will occur between the hours of 9:00 p.m. and 7:00 a.m.
21. Developer shall have twenty-four (24) months from the date of zoning approval to apply for the initial land disturbance permit (LDP) based upon those County development standards existing at the time of rezoning. If no LDP is sought within twenty-four (24) months after rezoning approval, unless otherwise permitted by law, the developer shall comply with the County development standards in existence at the time of LDP application submittal.
22. No CO shall be issued prior to expiration of eighteen (18) months from the date of zoning approval.
23. Final engineered plan to be approved by District County Commissioner prior to issuance of the Land Disturbance Permit (LDP).
24. The variance to the building size shall be granted concurrent with the zoning and the building shall not to exceed 14,000 s.f.
25. The variance to the setback requirements and variance to the buffer requirements are granted concurrent with the zoning.
Commissioner Tam stated for the record that there was never a request for this light to go in until the application for the day care came in.
Prior to the vote, Commissioner Richard made the following statement: I believe that approval of this item is not in the best interests of Forsyth County, and such, if it were to be approved by the majority of the Board this evening, I am announcing that I will move for a rescission of this vote during the first meeting in January, 2007. This statement is also putting the requesting party on public notice that if they were to move forward in any regard following this vote, they do so at their own financial risk.
Motion carried with three members in favor (Conway, Tam and Ledbetter) and two members in opposition (Laughinghouse and Richard).
Jettison, LLC (a/k/a Technology Park/Johns Creek), a Georgia Limited Liability Company, ZA# 3311, M1 to CBD with a Conditional Use Permit for a Continuing Care Retirement Community – District #2
There was a motion by Commissioner Tam and a second by Commissioner Ledbetter to approve the rezoning request by Jettison, LLC (a/k/a Technology Park/Johns Creek), a Georgia Limited Liability Company, ZA# 3311, M1 to CBD with a Conditional Use Permit for a Continuing Care Retirement Community with the conditions as displayed which read as follows:
1. That the development meets all the standards for the John's Creek Overlay District.
2. The development must meet fire flows of 1500 gpm, or irrigation demands, whichever is greater. All improvements to the County water and sewer systems that are required to serve this development, as determined by the Forsyth County Water and Sewer Department, shall be designed and constructed at the expense of the developer.
3. Any sewer lines installed to serve this development will be sized to serve the entire basin. Line sizes must be in accordance with the Forsyth County Sewer Master Plan. In areas of the project where public sewer is not installed, the developer shall provide a separate sewer easement (permanent and construction easement) for future installation of public sewer, in all areas designated by the Department or by the Forsyth County Sewer Master Plan.
4. Developer shall dedicate right of way of 50 feet from centerline of Johns Creek Parkway.
5. Developer shall construct to Forsyth County Specifications a dedicated left turn lane on Johns Creek Parkway at proposed entrance.
6. Developer shall construct improvements as required by Department of Engineering based upon final configuration of site plan.
7. The development shall be subject to the Amended and Restated Declaration of Protective Covenants for Johns Creek, Georgia, Forsyth County, Clerks Office Superior Court, filed for record on the 20th day of March, 1992, Book 578, page 504-547.
8. The architectural character of the building, front, sides and rear, shall generally be consistent with the exhibit entitled Alta at Johns Creek, Concept Elevation prepared by Womack and Hampton, Architects, LLC, dated October 11, 2006, as shown on attached Exhibit A.
9. Along the common property lines (S 89 deg, 56 minutes, 03 seconds E) with Deerlake Subdivision lots 126, 127, 128, 129, for a distance of no less than 650 feet as measured from the northeast property corner, there shall be a forty (40) foot landscaped buffer and an additional 10-foot landscape strip which shall be planted with evergreen tree and shrub material as may be approved by the Johns Creek Design Control Committee and the Forsyth County Arborist. No garages may be placed adjacent to this area. Residential units on floors three which face north, thus toward Deerlake, will have enclosed sunrooms in lieu of open balconies.
10. There shall be no buildings erected within 100 feet of the common property line above referenced.
11. Exterior lighting shall incorporate sharp cut-off or full-cut off light fixtures and generally comply with the Dark Sky Ordinance, (ART. 12.E of the Fulton County Zoning Resolution) which the Forsyth County portion of Johns Creek is subject to. Wall mounted area flood lights are specifically prohibited.
12. The following uses shall not be permitted on the subject property:
(a) Convenience stores, with or without gasoline pumps.
(b) Gas Stations.
(c) Bars, Lounges, or nightclubs provided this shall not preclude a restaurant such as but not limited to Applebee’s from having a bar.
(d) 24-hour businesses.
(e) Hotels or Motels.
(f) Theaters.
(g) Electronic game playing centers.
(h) Adult novelty stores.
(i) Adult entertainment centers.
(j) Pawn shops.
(k) Pool halls.
(l) Tattoo parlors.
(m) Schools.
13. The architectural treatment of the side and rear of buildings will be articulated in the same manner as the architectural treatment of the front of the building.
14. The development shall be constructed generally in accordance with the site plan prepared by B+C Studio, date 11-10-06, entitled Conceptual Site Plan, Alta Johns Creek, Forsyth, County, GA., sheet LA1.01
Motion carried with three members in favor (Conway, Tam and Ledbetter) and two members in opposition (Laughinghouse and Richard).
Request by Elliott Smith on behalf of John Wieland Homes, Inc. regarding the denial of a building separation variance – Denied by the Appeals Board on September 5, 2006 – AB# VA060080 – District #2
Prior to the motion, Commissioner Tam recognized Terry Russell, CEO of John Wieland Homes & Neighborhoods, who was in attendance. Mr. Russell stated that John Wieland Homes & Neighborhoods is willing to make a $5,000 contribution to the Weston Homeowners Association for them to use however they wish.
There was a motion by Commissioner Tam and a second by Commissioner Ledbetter to approve the variance on AB# VA060080 with the conditions as displayed which read as follows:
1. 1 hour fire rated soffit and fascia shall be installed on both homes.
2. Tempered glass shall be installed on all windows on adjoining sides of the homes.
3. Brick shall be utilized as high as possible underneath the fascia.
4. There shall be disclosure made by the homebuilder of the variance to the buyers of any adjacent homes.
5. The homebuilder shall remove the full front porch from the home constructed on Lot 212 and replace it with a smaller porch that covers the front door only.
Prior to the vote, Commissioner Richard made the following statement: I believe that approval of this item is not in the best interests of Forsyth County, and such, if it were to be approved by the majority this evening, I am announcing that I will move for a rescission of this vote during the first meeting in January, 2007. This statement is also putting the requesting party on notice that if they were to move forward in any regard following this vote, they do so at their own financial risk.
Motion carried with three members in favor (Conway, Tam and Ledbetter) and two members in opposition (Laughinghouse and Richard).
Swifty Save Alcohol Suspension
This matter comes before the Board based upon an Alcohol License suspension regarding Swifty Save. The issue before the Board this evening pertains to their use or non-use of an entity called Operation 21. At a previous Board meeting that pertains to an alcohol violation the Board ultimately suspended the alcohol license for thirty (30) days and gave specific direction that during that suspension period they were to complete the program provided by Operation 21 as part of the sanction provided by the County. Swifty Save/McFarland Energy, LLC came to the County and said they were unable to consummate a deal with Operation 21 and wanted to approach the Board about an alternative training company that they could use. The County responded that the Board of Commissioners had made the request specifically for Operation 21. The Board would have to take action to approve the request to make the change. Matt Masody came before the Board to request approval to use a different vendor. There was a motion by Commissioner Conway and a second by Commissioner Laughinghouse to postpone the decision on this request to the Called Meeting/Work Session of December 12, 2006. Motion carried unanimously.
UNDER NEW BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:
Appointment/reappointment of member to the Tax Assessors Board for District #2 (the term of Richard O’Brien expired 11/02/06)
There was a motion by Commissioner Tam and a second by Commissioner Laughinghouse to reappoint Richard O’Brien as a member to the Tax Assessors Board for District #2. Motion carried unanimously.
Acceptance/rejection of RFP# 06-72-2410 for providing Firefighter Physicals for Calendar Year 2007
There was a motion by Commissioner Richard and a second by Commissioner Laughinghouse to award RFP# 06-72-2410 for providing Firefighter Physicals for Calendar Year 2007 to Alliance Medical Center in an amount not to exceed $60,000. Motion carried unanimously.
Rejection of Bid #06-64-1517 for office supplies on an annual contract
There was a motion by Commissioner Laughinghouse and a second by Commissioner Richard to reject Bid #06-64-1517 for office supplies on an annual contract. Motion carried unanimously.
Acceptance of Bid #06-88-1500 for towing services for Forsyth County vehicles for Calendar Year 2007
There was a motion by Commissioner Laughinghouse and a second by Commissioner Ledbetter to award Bid #06-88-1500 for towing services for Forsyth County vehicles for Calendar Year 2007 to Heads Wrecker Service for Light Vehicles and Jackson Towing for Heavy Vehicles and Off Road Vehicles and to authorize the Interim County Manager to sign the contracts. Motion carried unanimously.
Acceptance of single source procurement for the Breathing Air Cascade System to be used in the new Fire Station 1
There was a motion by Commissioner Richard and a second by Commissioner Laughinghouse to approve the single source procurement for the Breathing Air Cascade System to be used in the new Fire Station 1 in an amount not to exceed $43,268. Motion carried unanimously.
Acceptance of sole source to The Software Group for the purchase of a new server
There was a motion by Commissioner Richard and a second by Commissioner Laughinghouse to accept sole source procurement to The Software Group for the purchase of a new server in an amount not to exceed $38,518.98. Motion carried unanimously.
Acceptance to use Georgia State Contract Number S-050707 for office supplies
There was a motion by Commissioner Richard and a second by Commissioner Laughinghouse to accept Georgia State Contract Number S-050707 for the purchase of office supplies. Motion carried unanimously.
Approval of Sewer Reservation Agreement with DR Horton, Inc.
There was a motion by Commissioner Ledbetter and a second by Commissioner Tam to approve the Sewer Reservation Agreement with DR Horton, Inc. as long as there are no damages on the part of the County by striking the remainder of the last paragraph of Addendum #1 beginning with “In the event”. Motion carried unanimously.
UNDER PUBLIC COMMENTS THE FOLLOWING PERSONS ADDRESSED THE BOARD:
None
There was a motion by Commissioner Richard and a second by Commissioner Laughinghouse to adjourn. Motion carried unanimously.
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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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JACK CONWAY, CHAIRMAN
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BRIAN R. TAM, VICE CHAIRMAN
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DR. LINDA K. LEDBETTER, SECRETARY
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CHARLES LAUGHINGHOUSE, MEMBER
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DAVID W. RICHARD, MEMBER
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