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FORSYTH COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING/PUBLIC HEARINGS
FEBRUARY 4, 2010
On Thursday, February 4, 2010 at 3:00 p.m., in the Commissioners’ Meeting Room of the Forsyth County Administration Building, the Forsyth County Board of Commissioners held a Regular Meeting/Public Hearings with the following persons present: Charles Laughinghouse – Chairman, Jim Harrell – Vice Chairman, Jim Boff – Secretary, Brian R. Tam – Member, Patrick B. Bell – Member, Doug Derrer – County Manager, Ken Jarrard – County Attorney, Bill Thomas – Chief Financial Officer, Sonya Bush – Clerk and Cindy Henderson – Deputy Clerk.
AGENDA
FORSYTH COUNTY BOARD OF COMMISSIONERS
THURSDAY, FEBRUARY 4, 2010 @ 3:00 P.M.
FORSYTH COUNTY ADMINISTRATION BUILDING
110 EAST MAIN STREET - SUITE 220
CUMMING, GEORGIA 30040
I. Call Meeting to Order
II. Recess Regular Meeting
III. Executive Session if Needed (3:00 p.m. – 5:00 p.m.)
IV. Reconvene Regular Meeting at 5:00 p.m.
V. Invocation and Pledge of Allegiance
VI. Adoption of Agenda
VII. Announcements and Reports
VIII. Public Comments
IX. Adoption of Minutes:
(1) Regular Meeting/Public Hearings and Executive Session of January 21, 2010.
(2) Work Session and Executive Session of January 26, 2010.
X. Consent Agenda:
(1) Adoption of Resolutions authorizing Affidavits concerning Executive Sessions of January 21, 2010 and January 26, 2010.
(2) The following items were previously discussed and unanimously approved at a Work Session held on January 26, 2010:
(A) Appointment of Commissioner Jim Boff as a representative to the Forsyth County Drug Abuse Treatment and Education Fund Advisory Committee (DATE Fund Committee) – Dawn Childress.
(B) Approval of Humana (Option 1) as Retiree Supplemental Group Insurance Option – Director of Personnel Services.
(C) Rejection of Bid 09-107-5212 for construction of a Press Box in Central Park – Procurement Director.
(D) Acceptance of Bid 09-21-1620 for demolition of buildings on Maple Street – Procurement Director.
XI. Public Hearings:
(1) Request approval of Alcohol Licenses as follows: (County Manager)
(A) Pizzeria Azzurri Incorporated d/b/a Pizzeria Azzurri, Named Licensee is Jon Eddleman, application to sell Beer & Wine for Consumption on Premises – District #1.
(B) Patel’s Georgia Convenience Stores, LLC d/b/a Ronald Reagan Food Mart, Named Licensee is Vishnu R. Patel, application to sell Beer & Wine by the Package – District #1.
(C) Cheeky Forsyth, LLC d/b/a Cheeky, Named Licensee is Jose Hevia, application to sell Distilled Spirits, Malt Beverages (Beer) & Wine for Consumption on Premises – District #2.
(D) Donald S. Christian d/b/a Johnny’s New York Style Pizza, Named Licensee is Donald S. Christian, application to sell Beer & Wine for Consumption on Premises – District #2.
(E) S Sarang, Inc. d/b/a Thomas Chevron Food Mart, Named Licensee is Youn Sook Choi, application to sell Beer & Wine by the Package – District #2.
(F) Georgia Assets, Inc. d/b/a World Beverage, Named Licensee is Shin C. Song, application to sell Distilled Spirits, Beer & Wine by the Package – District #3.
(2) Request renewal of 2010 Alcohol License for Yi Ping House, Inc. d/b/a Chopsticks China Bistro, Named Licensee is Jie Lin, application to sell Beer & Wine by the Package – District #2 – County Manager.
(3) Presentation of proposed changes to the UDC, Chapters 3 and 15 pertaining to the AG-Recreation District – Senior Long Range Planner.
(Postponed from 12/03/09, 01/07/10 and 01/21/10 Agendas).
(4) Proposed Ordinance to amend Forsyth County Ordinances 1, 2, 3, 4 and 5 – County Attorney.
(5) Modifications to Forsyth County Sign Ordinance to provide additional sign options for master-planned business parks – Assistant Director of Planning & Development.
(6) Request by Slade Holdings, Inc. to amend zoning conditions placed on ZA2189 – AZ100001 – District #3 – Director of Planning & Development.
(7) Request by Scenic Homes, Inc. to amend zoning conditions placed on ZA2703 (Emory Lipscomb) and variances to the UDC, Table 11.2(a) and Chapter 16-4.25(e) – AZ100002 – District #5 – Director of Planning & Development.
(8) Request by Lindaman Properties, LLC to amend zoning conditions placed on ZA3461 (Vickery Post, LLC) – AZ100003 – District #3 – Director of Planning & Development.
XII. Old Business:
(1) Authorization to bid the construction of both Recreation Centers – Procurement Director.
(Postponed from 11/24/09 Work Session Agenda).
(2) Request by Smart Growth regarding the approval of a stream buffer variance and an impervious surface setback variance by the Forsyth County Zoning Board of Appeals on August 4, 2009 – AB# VA090020 – (AV090003) –District #5 – Director of Planning & Development.
(Hearing was held 01/21/10 – Postponed decision to 02/04/10).
XIII. New Business
(1) Approval and execution of Contract between Georgia Department of Transportation and Forsyth County for acquisition of right-of-way, Project #STP0Q-2348-00(003), Bethelview Road widening from SR9 to Castleberry Road – Director of Engineering.
(Postponed from 01/26/10 Work Session Agenda).
XIV. Recess Regular Meeting
XV. Executive Session if Needed
XVI. Signature of Approved Documents
XVII. Adjournment
Chairman Laughinghouse recognized a quorum and called the meeting to order.
There was a motion by Commissioner Harrell and a second by Commissioner Boff to recess the Regular Meeting/Public Hearings and enter into Executive Session for the purposes of Litigation, Land Acquisition and Personnel. Motion carried unanimously.
At 5:00 p.m. the Board came out of recess and reconvened the Regular Meeting/Public Hearings.
The Invocation and Pledge of Allegiance were given by Chairman Laughinghouse.
ADOPTION OF AGENDA
PUBLIC HEARINGS
There was a motion by Commissioner Harrell and a second by Commissioner Boff to postpone Public Hearing, Item #3 (Presentation of proposed changes to the UDC, Chapters 3 and 15 pertaining to the AG-Recreation District) to the March 4, 2010 meeting. Motion carried unanimously.
There was a motion by Commissioner Boff and a second by Commissioner Harrell to postpone Public Hearing, Item #7 (Request by Scenic Homes, Inc. to amend zoning conditions placed on ZA2703 (Emory Lipscomb) and variances to the UDC, Table 11.2(a) and Chapter 16-4.25(e) – AZ100002) to the March 4, 2010 meeting at the request of the applicant.
There was a motion by Commissioner Harrell and a second by Commissioner Boff to adopt the agenda as amended. Motion carried unanimously.
UNDER ANNOUNCEMENTS AND REPORTS THE FOLLOWING ACTIONS WERE TAKEN:
Commissioner Bell announced that at the next Regular Meeting he intends to make a motion to remove from the Table the agenda item entitled “Procedures for Board Appointments” that was tabled at the Work Session of January 26, 2010.
Note: For the record, the County Attorney asked that the Clerk have that item on the next agenda as a removal from the Table.
UNDER PUBLIC COMMENTS THE FOLLOWING PERSONS ADDRESSED THE BOARD:
Kathleen Kraynick
Kristen Stevens
Lesley Yun
UNDER ADOPTION OF MINUTES THE FOLLOWING ACTIONS WERE TAKEN:
Regular Meeting/Public Hearings & Executive Session of January 21, 2010
There was a motion by Commissioner Harrell and a second by Commissioner Boff to adopt the minutes of the Regular Meeting/Public Hearings & Executive Session of January 21, 2010. Motion carried unanimously.
Work Session & Executive Session of January 26, 2010
There was a motion by Commissioner Harrell and a second by Commissioner Boff to adopt the minutes of the Work Session & Executive Session of January 26, 2010. Motion carried unanimously.
CONSENT AGENDA
There was a motion by Commissioner Harrell and a second by Commissioner Boff to approve the Consent Agenda as follows:
The adoption of Resolutions authorizing Affidavits concerning Executive Sessions of January 21, 2010 and January 26, 2010.
The following items were previously discussed and unanimously approved at a Work Session held on January 26, 2010:
(A) Appointment of Commissioner Jim Boff as a representative to the Forsyth County Drug Abuse Treatment and Education Fund Advisory Committee (DATE Fund Committee) – Dawn Childress.
(B) Approval of Humana (Option 1) as Retiree Supplemental Group Insurance Option – Director of Personnel Services.
(C) Rejection of Bid 09-107-5212 for construction of a Press Box in Central Park – Procurement Director.
(D) Acceptance of Bid 09-21-1620 for demolition of buildings on Maple Street – Procurement Director.
Motion carried unanimously.
UNDER PUBLIC HEARINGS THE FOLLOWING ACTIONS WERE TAKEN:
Request for the issuance of an Alcohol License by Pizzeria Azzurri Incorporated d/b/a Pizzeria Azzurri, Named Licensee is Jon Eddleman, application to sell Beer & Wine for Consumption on the Premises – District #1
There was a motion by Commissioner Harrell and a second by Commissioner Boff to open the Public Hearing. Motion carried unanimously.
No one spoke in favor or opposition.
There was a motion by Commissioner Harrell and a second by Commissioner Boff to close the Public Hearing. Motion carried unanimously.
There was a motion by Commissioner Laughinghouse and a second by Commissioner Harrell to approve the request for the issuance of an Alcohol License by Pizzeria Azzurri Incorporated d/b/a Pizzeria Azzurri, Named Licensee is Jon Eddleman, application to sell Beer & Wine for Consumption on the Premises with the following conditions:
1. The applicant and his management team will undergo an approved Alcohol Training Program and within 30 days of this date submit proof of such to the County Manager.
2. The applicant is to provide to the County Manager a notarized affidavit that he has read end to end the Forsyth County Alcohol Ordinance and understand all the portions thereof and be prepared for a pop quiz at the time the affidavit is submitted.
Motion carried unanimously.
Note: The applicant agreed to the above stated conditions.
Request for the issuance of an Alcohol License by Patel’s Georgia Convenience Stores, LLC d/b/a Ronald Reagan Food Mart, Named Licensee is Vishnu R. Patel, application to sell Beer & Wine by the Package – District #1
There was a motion by Commissioner Harrell and a second by Commissioner Boff to open the Public Hearing. Motion carried unanimously.
No one spoke in favor or opposition.
There was a motion by Commissioner Harrell and a second by Commissioner Boff to close the Public Hearing. Motion carried unanimously.
There was a motion by Commissioner Laughinghouse and a second by Commissioner Tam to approve the request for the issuance of an Alcohol License by Patel’s Georgia Convenience Stores, LLC d/b/a Ronald Reagan Food Mart, Named Licensee is Vishnu R. Patel, application to sell Beer & Wine by the Package with the following conditions:
1. The applicant and his management team will undergo an approved Alcohol Training Program and within 30 days of this date submit proof of such to the County Manager.
2. The applicant is to provide to the County Manager a notarized affidavit that he has read end to end the Forsyth County Alcohol Ordinance and understand all the portions thereof and be prepared for a pop quiz at the time the affidavit is submitted.
Motion carried with four members in favor (Laughinghouse, Boff, Tam and Bell) and one member in opposition (Harrell).
Note: The applicant agreed to the above stated conditions.
Request for the issuance of an Alcohol License by Cheeky Forsyth, LLC d/b/a Cheeky, Named Licensee is Jose Hevia, application to sell Distilled Spirits, Malt Beverages (Beer) & Wine for Consumption on the Premises – District #2
There was a motion by Commissioner Harrell and a second by Commissioner Boff to open the Public Hearing. Motion carried unanimously.
No one spoke in favor or opposition.
There was a motion by Commissioner Harrell and a second by Commissioner Boff 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 for the issuance of an Alcohol License by Cheeky Forsyth, LLC d/b/a Cheeky, Named Licensee is Jose Hevia, application to sell Distilled Spirits, Malt Beverages (Beer) & Wine for Consumption on the Premises. Motion carried unanimously.
Request for the issuance of an Alcohol License by Donald S. Christian d/b/a Johnny’s New York Style Pizza, Named Licensee is Donald S. Christian, application to sell Beer & Wine for Consumption on the Premises – District #2
There was a motion by Commissioner Harrell and a second by Commissioner Boff to open the Public Hearing. Motion carried unanimously.
No one spoke in favor or opposition.
There was a motion by Commissioner Harrell and a second by Commissioner Boff 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 for the issuance of an Alcohol License by Donald S. Christian d/b/a Johnny’s New York Style Pizza, Named Licensee is Donald S. Christian, application to sell Beer & Wine for Consumption on the Premises. Motion carried unanimously.
Request for the issuance of an Alcohol License by S Sarang, Inc. d/b/a Thomas Chevron Food Mart, Named Licensee is Youn Sook Choi, application to sell Beer & Wine by the Package – District #2
There was a motion by Commissioner Harrell and a second by Commissioner Boff to open the Public Hearing. Motion carried unanimously.
No one spoke in favor or opposition.
There was a motion by Commissioner Harrell and a second by Commissioner Boff to close the Public Hearing. Motion carried unanimously.
There was a motion by Commissioner Tam and a second by Commissioner Boff to postpone the decision on the request for the issuance of an Alcohol License by S Sarang, Inc. d/b/a Thomas Chevron Food Mart, Named Licensee is Youn Sook Choi, application to sell Beer & Wine by the Package to the February 18, 2010 meeting. Motion carried unanimously.
Request for the issuance of an Alcohol License by Georgia Assets, Inc. d/b/a World Beverage, Named Licensee is Shin C. Song, application to sell Distilled Spirits, Beer & Wine by the Package – District #3
There was a motion by Commissioner Harrell and a second by Commissioner Boff to open the Public Hearing. Motion carried unanimously.
No one spoke in favor or opposition.
There was a motion by Commissioner Harrell and a second by Commissioner Boff to close the Public Hearing. Motion carried unanimously.
There was a motion by Commissioner Harrell and a second by Commissioner Boff to approve the request for the issuance of an Alcohol License by Georgia Assets, Inc. d/b/a World Beverage, Named Licensee is Shin C. Song, application to sell Distilled Spirits, Beer & Wine by the Package with the requirement that the employee who had a violation, if still working at the establishment, must attend an Alcohol Training Program along with at least one person from the management team. Motion carried unanimously.
Request renewal of 2010 Alcohol License for Yi Ping House, Inc. d/b/a Chopsticks China Bistro, Named Licensee is Jie Lin, application to sell Beer & Wine by the Package – District #2
There was a motion by Commissioner Harrell and a second by Commissioner Boff to open the Public Hearing. Motion carried unanimously.
Speaking in favor:
Ethan Underwood
Speaking in opposition:
None
There was a motion by Commissioner Harrell and a second by Commissioner Boff 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 renewal of 2010 Alcohol License for Yi Ping House, Inc. d/b/a Chopsticks China Bistro, Named Licensee is Jie Lin, application to sell Beer & Wine for Consumption on the Premises with the stipulation that the issuance of the license is conditioned upon the applicant providing satisfactory proof to the Department of Finance that they have paid the pro rata share of property taxes due at the development.
It was noted that this application is for Beer & Wine for Consumption on the Premises and not Beer & Wine by the Package as advertised. The County Attorney advised the Board that notice has been provided to the community that alcohol sales are pending and he is comfortable with the Board proceeding.
There was a motion by Commissioner Laughinghouse and a second by Commissioner Boff to amend the original motion that the payment of the pro rata share of property taxes be paid within seven (7) working days. Motion to amend carried unanimously.
Original motion, as amended, carried unanimously.
Note: The Board requested the County Attorney to draft language to address the issue of payment of property taxes and to bring it to the Board at a future Work Session.
Proposed Ordinance to amend Forsyth County Ordinances 1, 2, 3, 4 and 5
There was a motion by Commissioner Harrell and a second by Commissioner Boff to open the Public Hearing. Motion carried unanimously.
No one spoke in favor or opposition.
There was a motion by Commissioner Harrell and a second by Commissioner Boff to close the Public Hearing. Motion carried unanimously.
This item will require a second Public Hearing which will be held on Thursday, March 4, 2010.
Modifications to Forsyth County Sign Ordinance to provide additional sign options for master-planned business parks
There was a motion by Commissioner Boff and a second by Commissioner Harrell to open the Public Hearing. Motion carried unanimously.
No one spoke in favor or opposition.
There was a motion by Commissioner Harrell and a second by Commissioner Boff to close the Public Hearing. Motion carried unanimously.
This item will require a second Public Hearing which will be held on Thursday, March 4, 2010.
Request by Slade Holdings, Inc. to amend zoning conditions placed on ZA2189 – AZ100001 – District #3
There was a motion by Commissioner Harrell and a second by Commissioner Boff to open the Public Hearing. Motion carried unanimously.
Speaking in favor:
Emory Lipscomb
Speaking in opposition:
None
There was a motion by Commissioner Harrell and a second by Commissioner Boff to close the Public Hearing. Motion carried unanimously.
There was a motion by Commissioner Harrell and a second by Commissioner Boff to approve the request by Slade Holdings, Inc. to amend zoning conditions placed on ZA2189 (AZ100001) as displayed which read as follows:
Modify Condition #11 to read: The subject property may be used as a collection facility for Recovered/Recyclable Material, as such term is defined in Forsyth County Ordinance 84, but shall not be utilized for a junk yard, scrap metal yard, dumping, incineration, automobile wrecking yard, transfer station for Solid Waste, as such term is defined in Forsyth County Ordinance 84, or any other use that may cause odor, fumes, dust, smoke or pollutants; provided however, that this condition shall not be construed to exclude the storage or transport of Recovered/Recyclable Material to, from, or on the subject property. Developer shall plant a staggered row of Leyland Cypress trees a minimum of five (5) feet in height along the western boundary of any recycling bins located on the subject property.
Modify Condition #13 to read: Except for facilities utilized for the collection of recyclables from the public, dumpsters shall be screened from public view.
Motion carried unanimously.
Request by Lindaman Properties, LLC to amend zoning conditions placed on ZA3461 (Vickery Post, LLC) – AZ100003 – District #3
There was a motion by Commissioner Harrell and a second by Commissioner Boff to open the Public Hearing. Motion carried unanimously.
Speaking in favor:
Katherine Lindaman
Scott Sanchez
Kevin Kotellos
Ismat Khan
Nancy Fish
Speaking in opposition:
Jim Compton
There was a motion by Commissioner Harrell and a second by Commissioner Boff to close the Public Hearing. Motion carried unanimously.
There was a motion by Commissioner Harrell and a second by Commissioner Boff to postpone the decision on the request by Lindaman Properties, LLC to amend zoning conditions placed on ZA3461 (Vickery Post, LLC) – AZ100003 to the February 18, 2010 meeting. Motion carried with three members in favor (Laughinghouse, Harrell and Boff) and two members in opposition (Tam and Bell).
UNDER OLD BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:
Authorization to bid the construction of both Recreation Centers
There was a motion by Commissioner Tam and a second by Commissioner Bell to grant authorization to bid the construction of both Recreation Centers (one at Buice and one at Fowler Park). Motion carried unanimously.
Request by Smart Growth regarding the approval of a stream buffer variance and an impervious surface setback variance by the Forsyth County Zoning Board of Appeals on August 4, 2009 – AB# VA090020 – (AV090003) –District #5
There was a motion by Commissioner Boff to affirm that Smart Growth has standing to make the appeal. Motion died due to lack of a second.
There was a motion by Commissioner Boff and a second by Commissioner Bell to deny the appeal. Motion carried unanimously.
UNDER NEW BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:
Approval and execution of Contract between Georgia Department of Transportation and Forsyth County for acquisition of right-of-way, Project #STP0Q-2348-00(003), Bethelview Road widening from SR9 to Castleberry Road
There was a motion by Commissioner Laughinghouse and a second by Commissioner Harrell to approve the contract between the Georgia Department of Transportation and Forsyth County for acquisition of right-of-way, Project #STP0Q-2348-00(003), Bethelview Road widening from SR9 to Castleberry Road contingent upon any forthcoming changes from GDOT so long as such changes are acceptable to the Director of Engineering. Motion carried unanimously.
There was a motion by Commissioner Harrell and a second by Commissioner Bell 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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CHARLES LAUGHINGHOUSE, CHAIRMAN
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JIM HARRELL, VICE CHAIRMAN
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JIM BOFF, SECRETARY
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BRIAN R. TAM, MEMBER
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PATRICK B. BELL, MEMBER
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