1/3/2013 - Board of Commissioners Regular Meeting/Public Hearings

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MEETING SUMMARY

MEMBERS PRESENT:
Jim Boff, Cindy Jones Mills, Ralph J. Amos, Brian R. Tam.

MEMBER ABSENT:
Todd Levent


AGENDA
FORSYTH COUNTY BOARD OF COMMISSIONERS
THURSDAY, JANUARY 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 @ 5:01 p.m.

II. Invocation and Pledge of Allegiance
The Invocation and Pledge were given by Chairman Jim Boff.

III. Adoption of Agenda
Adopted 4-0 as amended (Commissioner Levent absent).

• Old Business 1(A) - postponed to 01/17/13
• Administrative Hearing 1(A) - postponed to 02/21/13

IV. Adoption of Rules and Procedures for 2013
Approved 4-0 (Commissioner Levent absent).

V. Election of Officers for 2013

The following appointments were approved 4-0 (Commissioner Levent absent):

Chairman – Ralph J. (Pete) Amos
Vice Chairman – Jim Boff
Secretary – Brian R. Tam

VI. Announcements and Reports
Chairman Amos welcomed Boy Scout Troup 211 to the meeting.

VII. Public Comments
No one spoke.

VIII. Adoption of Minutes:

(1) Regular Meeting/Public Hearings of December 20, 2012
Adopted 4-0 (Commissioner Levent absent).

IX. Consent Agenda:

The Consent Agenda was adopted 4-0 (Commissioner Levent absent).

(1) Adoption of Proclamation proclaiming January 10, 2013 as University of North Georgia Day in Forsyth County, Georgia – Commissioners Boff/Amos.
Note: The Proclamation will be read at an event hosted by The University of North Georgia on January 10, 2013.

X. Public Hearings:

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

(A) Ken Sohal d/b/a Carniceria Miguel, Named Licensee is Ken Sohal, application to sell Malt Beverages (Beer) and Wine by the Package – AL130586 – District #3.
Approved 4-0 (Commissioner Levent absent).

(B) Jefson, LLC d/b/a TPS Pizza, Named Licensee is Kyle Boyce, application to sell Malt Beverages (Beer) and Wine for Consumption on the Premises – AL130588 – District #2.
Approved 4-0 (Commissioner Levent absent).

(C) Sorgia’s, LLC d/b/a Pepperoni’s Midway, Named Licensee is Melody Parry, application to sell Malt Beverages (Beer) and Wine for Consumption on the Premises – AL130589 – District #3.
Approved 4-0 (Commissioner Levent absent).

(D) Quik-Way Retail Associate II, Ltd. d/b/a QWRA II Store 208, Named Licensee is Brenda Cook, application to sell Malt Beverages (Beer) and Wine by the Package – AL130587 – District #1.
Approved 4-0 (Commissioner Levent absent).

(E) Nabshan, Inc. d/b/a Smart Shop 2, Named Licensee is Shenaz Jessani, application to sell Malt Beverages (Beer) and Wine by the Package – AL130590 – District #5.
Denied 4-0 (Commissioner Levent absent).

(2) Request approval of a Pawn Shop License for Rubin Brothers of Georgia, Inc. d/b/a Rubin Brothers located @ 6080 Bethelview Road, Cumming, Georgia, Named Licensee is Harvey Rubin – PW130032 – District #3 – Director of Planning & Community Development.
Approved 4-0 (Commissioner Levent absent).

(3) Second reading of proposed changes to the Unified Development Code (UDC) regarding the elimination of undisturbed buffers in circumstances where a religious institution abuts a residential use or residentially zoned property – Director of Planning & Community Development/Senior Planner.
(First Public Hearing was held 12/18/12 before the Planning Commission).
Approved 4-0 (Commissioner Levent absent).




(4) Request by Edward L. Smith to amend zoning conditions placed on ZA2734 and request for variances to the Unified Development Code (UDC), Table 11.2(a) for a side yard variance and an exterior yard variance – AZ120033 – District #4 – Director of Planning & Community Development.
(Postponed from 12/06/12 Agenda).
Approved 4-0 (Commissioner Levent absent).

XI. Old Business:

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

(A) Transmitter Road, LLC, ZA3597, A1 to RES4 – District #2
(Postponed from 10/18/12, 11/15/12, 12/06/12 and 12/20/12 Agendas).
Postponed to 01/17/13.

(2) Request by Carol M. Albert to appeal a decision of the Zoning Board of Appeals on AP120001 (Rocklyn Homes, Inc.) - AV120001 – District #2. The hearings are as follows: (Director of Planning & Community Development)
(Denial of the appeal was approved by the Board of Commissioners at the December 20, 2012 regular meeting, with such denial conditioned upon Rocklyn and Albert presenting to the Board a signed document memorializing settlement).

A Settlement Agreement was not presented. The Board voted 4-0 (Commissioner Levent absent) to postpone this item to the 1/08/13 Work Session.

XII. New Business:

(1) Request authorization to issue a bid for the construction of the Forsyth County Animal Shelter – Procurement Director.
Approved 4-0 (Commissioner Levent absent) to authorize County to issue bid.

(2) Appointment/reappointment of member to the Public Facilities Authority for Commission District #2 – the term of Jerry Bowman has expired - County Manager.
The Board voted 4-0 (Commissioner Levent absent) to reappoint Jerry Bowman.

(3) Board appointments for Commission District #4: (County Manager)

(A) Appointment of member to the Planning Commission – the term of Dr. Jim Kinsey has expired.
The Board voted 4-0 (Commissioner Levent absent) to appoint Alan Neal.

(B) Appointment of member to the Zoning Board of Appeals – the term of Dr. Jim Kinsey has expired.
The Board voted 4-0 (Commissioner Levent absent) to appoint Bettina Hammond.




(C) Appointment of member to the Public Facilities Authority – the term of Paul Kreager has expired.
The Board voted 4-0 (Commissioner Levent absent) to appoint Charles Albert “Bert” Durand.

(D) Appointment of member to the Parks & Recreation Board to fill the unexpired term of Charlotte Gardner.
The Board voted 4-0 (Commissioner Levent absent) to appoint Gary Cooper to fill the unexpired term of Charlotte Gardner.

(E) Appointment of member to the Keep Forsyth County Beautiful Board.
The Board voted 4-0 (Commissioner Levent absent) to appoint Deborah Chambers.

(4) Board appointments/reappointments for Commission District #5: (County Manager)

(A) Appointment/reappointment of member to the Planning Commission – the term of Dr. Joseph Moses has expired.
The Board voted 4-0 (Commissioner Levent absent) to reappoint Dr. Joseph Moses.

(B) Appointment/reappointment of member to the Zoning Board of Appeals – the term of Debra Bradley has expired.
The Board voted 4-0 (Commissioner Levent absent) to reappoint Debra Bradley.

(C) Appointment/reappointment of member to the Public Facilities Authority – the term of Richard Ward has expired.
The Board voted 4-0 (Commissioner Levent absent) to reappoint Richard Ward.

XIII. Administrative Hearings:

(1) Administrative Hearings in reference to violations to the Forsyth County Alcohol Ordinance as follows: (Director of Planning & Community Development)

(A) AJ Energy 8, LLC d/b/a BP Gas Station located @ 2280 Canton Highway – District #1:

(i) Ayad Jaber, Named Licensee
(Postponed from 12/06/12 Agenda)
Postponed to 02/21/13.

(B) Priya Impex, Inc. d/b/a Priya Food Mart located @ 5320 Atlanta Highway – District #3:



(i) Amir Javid, Named Employee
The Board voted 4-0 (Commissioner Levent absent) to suspend employee’s alcohol sale permit for 30 days starting 01/04/13.

(ii) Shamim Himani, Named Licensee
The Board voted 4-0 (Commissioner Levent absent) to issue a warning letter.

(C) Samee Investment, Inc. d/b/a Citgo Quik Mart located @ 765-A McFarland Parkway – District #3:

(i) Urvil Patel, Named Employee
The Board voted 4-0 (Commissioner Levent absent) to suspend the employee’s alcohol sale permit for 30 days starting 02/01/13.

(ii) Nazim Ali, Named Licensee
The Board voted 4-0 (Commissioner Levent absent) to suspend alcohol license for three (3) days starting Monday, 01/07/13.

(D) Winyard Beverages Limited d/b/a Georgia Liquor Barn located @ 701 Atlanta Highway – District #1:

(i) Venkateswara Katragadda, Named Employee
The Board voted 4-0 (Commissioner Levent absent) to suspend the employee’s alcohol sale permit for 30 days starting 01/04/13.

(ii) Sridhar Katragadda, Named Licensee
The Board voted 4-0 (Commissioner Levent absent) to place a warning letter in the file.

XIV. Recess Regular Meeting
The Board voted 4-0 (Commissioner Levent absent) to recess for the purpose of entering into an Executive Session.

XV. Executive Session if Needed

XVI. Adjournment
The Board voted 4-0 (Commissioner Levent absent) to adjourn @ 7:22 p.m.









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Cumming GA 30040
FORSYTH COUNTY GOVERNMENTPhone: 770-781-2101
Fax: 770-781-2199