FORSYTH COUNTY, Ga. — The Board of Commissioners will meet Thursday (July 23) at 5 p.m. in the County Administration Building, 110 East Main Street , Suite 220.

Thursday’s Agenda is as follows:

1. Invocation and Pledge of Allegiance

III. Adoption of Agenda

1. Announcements and Reports

(1) Board recognition of County staff for being selected as an award recipient for the 2020 Georgia County Excellence Awards program for its project entitled “Forsyth County Transportation Bond” – Board of Commissioners

1. Public Comments
2. Adoption of Minutes

(1) Special Called Public Hearing of July 9, 2020

(2) Regular Meeting / Public Hearings of July 9, 2020

(3) Work Session and Executive Session of July 14, 2020

VII. Consent Agenda

(1) Board adoption of Resolution authorizing Affidavit concerning the Executive Session of July 14, 2020

(2) Board ratification of the following items that were discussed and voted on at the Work Session held on July 14, 2020 (as anticipated by Board Rule 1.07.01):

(A) Board authorization for staff to move forward with hiring an architect, Foresite Group in the amount of $46,250, for the Matt School House Project for the Department of Public Facilities – Director, Department of Procurement

(B) Board authorization for County staff to issue a Purchase Order to Steril-Koni in the amount of $49,382.62 for the purchase of four ST1085 Model 4 Earthlift Control Lifts for the Department of Fleet Maintenance as briefed by County staff – Director, Department of Procurement

(C) Board approval to award Bid 20-65-5212 to Buildline, Inc. in the amount of $475,377 (base bid and alternate #2) for the Caney Creek Preserve Re-Fresh Project for the Department of Parks and Recreation as briefed by County staff – Director, Department of Procurement

(D) Board approval to award Bid 20-66-3340 to Griffin Brothers, Inc. in the amount of $2,078,662.65 for water system improvements on Sharon Lane, Sharon Drive, Spring Drive, Fowler Drive, Fowler Trail, Tanglewood Circle, Tanglewood Drive, Virginia Drive, and PWA Road for the Department of Water and Sewer – Director, Department of Procurement

(E) Board approval of the Memorandum of Understanding (MOU) with Learning for Life, a District of Columbia nonprofit corporation, regarding a work-site based youth program (Fire Explorers Post) as presented by County staff – Fire Chief

(F) Board acceptance of the Hazard Mitigation Grant Program in the amount of $21,862, with a federal share of $16,396.50 provided by the Georgia Emergency Management and Homeland Security Agency and a non-federal share of $5,465.50 provided by Forsyth County, for distribution of 750 NOAA weather radios to Forsyth County and City of Cumming residents with a Budget Amendment as presented by County staff – Director, Emergency Management Agency

(G) Board approval of the Amendment to the Intergovernmental Agreement between Forsyth County and the City of Cumming for 911 Services as presented – Director, Emergency Management Agency / County Attorney

(H) Board authorization for staff to bring the consideration of a Board generated rezoning for ZA3897, Wendal Miller, back to a Work Session in twelve months – District 3 – Planning Manager, Department of Planning and Community Development

(I) Board authorization for staff to proceed with the County-Initiated Public Hearing process regarding a Board generated rezoning for ZA3899, Wendal Miller, to be similar to ZA3897 – District 3 – Planning Manager, Department of Planning and Community Development

(J) Board approval of a private street for Garden Park subdivision – Director, Department of Engineering

(K) Board authorization to forego GDOT’s Roundabout Letter of Support and complete the SR 9 @ Oak Grove Circle Project internally with a right hand bypass lane on SR 9, a right turn lane on SR 9 at Oak Grove Rd, and a right turn lane on Oak Grove Road at SR 9, as described by County staff – Director, Department of Engineering

(L) Board approval to lease 1475 McFarland Parkway for relocation of the Tax Commissioner’s Sharon Springs Tag Office as presented by County staff – Director, Department of Public Facilities

(M) Board approval of the request to install two dual Port Level II Electric Vehicle Charging Stations in the Mason Street Parking Deck as briefed by County staff – Director, Department of Public Facilities

(N) Board approval of the request to purchase two new Nissan Leaf electric vehicles with a total estimated cost for vehicle purchase of $80,000 as briefed by County staff – Director, Department of Fleet Services

(O) Board approval of the Memorandum of Understanding (MOU) between Forsyth County Board of Commissioners (the “County”), the Office of the Forsyth County Sheriff (“Sheriff’s Office”), and the Recovery Community Foundation of Forsyth, Inc. for services provided for the County’s Residential Substance Abuse Treatment (RSAT) program as presented by County staff – Budget and Grant Manager, Department of Finance

(P) Board authorization for staff to apply for reimbursement of elections equipment purchases under the Help America Vote Act Election Security Funding program as briefed by County staff – Director, Department of Voter Registrations and Elections

(Q) Board approval of the updated Site Master Plan for Sharon Springs Park as briefed by Lose Design – Director, Department of Parks and Recreation

(R) Board authorization for staff to tender a letter to Beazer Homes declining Beazer’s request for an IGA with the City of Milton and/or Cherokee County related to Forsyth County providing sewer in the City of Milton and/or Cherokee County – Levent / Mills

(S) Board approval of a public marker on County property recognizing a 1912 lynching in Forsyth County – Mills / Semanson

(T) Board approval of a Resolution maintaining the 50% priority on spending locally collected landfill/MSW host fees, irrespective of SB 123, which changes the mandatory percentage allocation to 20% as presented by Legal Counsel – Mills / Semanson

(U) Board approval of a Resolution authorizing a supplement for the Forsyth County Probate Judge, to become effective January 1, 2021, as briefed by Legal Counsel – County Attorney

(V) Board authorization to move the consideration of issuance of a quit claim deed to release lien placed on property by Waterscape Utility to the July 28, 2020 Work Session – County Attorney

(W) Board authorization for staff to proceed with the Public Hearing process regarding a County-Initiated Rezoning from HB and A1 to HB for the Campbell property located at 4831 Heardsville Road – Parcel 009-049 – as presented by County staff – Cooper / Brown

(X) Board authorization for staff to proceed with the Public Hearing process regarding a County-Initiated Brewery/Distillery Conditional Use Permit (CUP) in M1 for Stefko Properties, LLC – 600 McFarland 400 Drive, Alpharetta – TMP 064-018 – as presented by County staff with Stefko Properties, LLC to pay for all fees and advertising with no required Public Participation Meeting – Levent / Brown

(Y) Board authorization for staff to proceed with the Public Hearing process regarding a Short Term Rental Conditional Use Permit (CUP) for 6370 Wagner Way as presented by County staff – County Attorney

(Z) Board authorization for staff to proceed with working towards development of an overlay product regarding the Davidson-Forsyth Overlay Process that can be brought back to a future Board meeting for further consideration and discussion – County Attorney

VIII. Public Hearings

(1) Public Hearing and possible vote regarding the request for an Alcohol License to sell malt beverages (beer), wine, and distilled spirits for consumption on the premises for Catrina’s Mexican Grill, LLC located at 5354 McGinnis Ferry Rd, Suite 208 – Named Licensee is Maria Acosta-Hernandez – AL00415 – District 2 – Business License Manager, Department of Business License

(2) Public Hearing and possible vote regarding the request for an Alcohol License to sell malt beverages (beer), wine, and distilled spirits for consumption on the premises for CT Taqueria Jr LLC dba CT Al Pastor Taqueria located at 6330 Halcyon Way, Suite 740 – Named Licensee is Ricardo Jaime – AL00440 – District 2 – Business License Manager, Department of Business License

(3) Public Hearing and possible vote regarding the request for an Alcohol License to sell malt beverages (beer), wine, and distilled spirits by the package on the premises for Gsai’s Liquors Inc dba PJ’S Liquor’s located at 5485 Bethelview Rd, Suite 240 – Named Licensee is Kiran Mai Vittal – AL00398 – District 3 – Business License Manager, Department of Business License

(4) Public Hearing and possible vote regarding the request for an Alcohol License to sell malt beverages (beer) and wine wholesale on the premises for Forte International Spirits, Inc. located at 4255 Trotters Way, Suite 6A – Named Licensee is Scot Forte – AL200843 – District 3 – Business License Manager, Department of Business License

(5) Public Hearing and possible vote regarding the request for an Alcohol License to manufacture distillery on the premises for NoFo Brewing LLC located at 6150 Georgia Hwy 400, Suites A-B – Named Licensee is Joseph Garcia – AL00444 – District 4 – Business License Manager, Department of Business License

(6) Public Hearing and possible vote regarding the request for an Alcohol License to sell malt beverages (beer) and wine by the package on the premises for VVJ Enterprise Inc dba VJ Food Mart located at 8585 Browns Bridge Rd. – Named Licensee is Tina Chauhan – AL00364 – District 5 – Business License Manager, Department of Business License

(7) Public Hearing and possible vote regarding the request for an Alcohol License to sell malt beverages (beer) and wine by the package on the premises for Vrushi LLC dba Citgo Gas & Food located at 8430 Browns Bridge Rd. – Named Licensee is Mitulkumar Patel – AL00438 – District 5 – Business License Manager, Department of Business License

(8) Public Hearing and possible vote regarding the request for an Alcohol License to sell malt beverages (beer), wine, and distilled spirits for consumption on the premises for HKG Business Group Inc dba Quanto Basta located at 2950 Buford Hwy, Suite 100 – Named Licensee is Paril Gandhi – AL00442 – District 5 – Business License Manager, Department of Business License

(9) Public Hearing and possible vote regarding the request for an Amendment of Zoning Conditions on ZA3515 (Forsyth County Board of Commissioners) by RaceTrac Petroleum, Inc. – Parcel 112-004 – 2720 Brookwood Road, Cumming, GA 30041 – AZ200006 – District 2 – Director, Department of Planning and Community Development

(10) Public Hearing and possible vote regarding Sketch Plat approval for Laurel Peachtree Properties, LLC – Parcels 138-530 and 138-535 – SP200003 – District 2 – Director, Department of Planning and Community Development

(11) Public Hearing and possible vote regarding the County-Initiated request to rezone 4.964 acres from Lake Residential District (LR) to Agricultural District (A1) and a Variance to UDC, Table 15.2 – Parcel 307-094 – ZA3975 – District 4 – Director, Department of Planning and Community Development

(Postponed from the July 9, 2020 Agenda)

(12) Public Hearing and possible vote regarding the request for an Amendment of Zoning Conditions on ZA2675 (Amerisouth Development Group LLC) by Thomas Family Realty, LLC – Parcels 094-003, 094-004, and 094-136 – 6720 Matt Highway, Cumming, GA 30028 – AZ200002 – District 4 – Director, Department of Planning and Community Development

(13) Public hearing and possible vote regarding amendments to the Alcohol Ordinance, otherwise known as Forsyth County Ordinance 68, regarding modifications to regulations regarding the sale of alcoholic beverages by hotels; to provide for relevant definitions; to repeal conflicting ordinances; and for other purposes – Business License Manager, Department of Business License

(14) Public hearing and possible vote regarding amendments to the Business Occupation Tax Ordinance, otherwise known as Forsyth County Ordinance 72, regarding modifications to the administrative fees required for business and occupation tax accounts; to provide an effective date; to repeal conflicting ordinances; and for other purposes – Business License Manager, Department of Business License

1. Time Set Public Hearing – 6:00 p.m.

(1) Public Hearing and possible vote regarding the tentatively adopted Millage Rates – Chief Financial Officer

1. Public Comments
2. Old Business

(1) Board consideration of Sketch Plat approval for RUS-AL (USA), Inc. and Variances to the UDC Section 14-1.3 and Table 14.2 – Parcel 041-099 – 755 Union Hill Road, Alpharetta, GA 30004 – SP190002 – District 3 – Director, Department of Planning and Community Development

(A Public Hearing was held before the Board of Commissioners at its November 7, 2019 Regular Meeting / Public Hearings; the Board voted unanimously to postpone its decision to the November 21, 2019 Regular Meeting / Public Hearings. At the November 21, 2019 Regular Meeting / Public Hearings, the Board voted unanimously to authorize staff to proceed with advertising Public Hearings for AZ190005 (RUS-AL), SP190002 (RUS-AL), and CP190014 (RUS-AL) to be heard at the December 5, 2019 Regular Meeting / Public Hearings (Consent Agenda (5)(P)). A Public Hearing was held before the Board of Commissioners at its December 5, 2019 Regular Meeting / Public Hearings; the Board voted unanimously to move Item to the February 20, 2020 Regular Meeting / Public Hearings Agenda to hold an additional Public Hearing. Postponed from the February 20, 2020, March 19, 2020, and April 16, 2020 Agendas. A Public Hearing was held before the Board of Commissioners at its June 4, 2020 Regular Meeting / Public Hearings; the Board voted unanimously to postpone its decision to the July 9, 2020 Regular Meeting / Public Hearings. Postponed from the July 9, 2020 Agenda.)

(2) Board action regarding RUS-AL (USA), Inc., CP190014, to operate an open storage yard with 133 parking spaces associated with existing buildings totaling 18,000 sq. ft. with 26 parking spaces on 6.680 acres currently zoned Restricted Industrial District (M1) with the following Variances: 1.) Reduce the zoning buffer along the eastern property boundary from 60 ft. to 0 ft. (UDC, Table 14.2); 2.) Reduce the front setback from 50 ft. to 35 ft. abutting Union Hill Road right-of-way adjacent to the existing structure only (UDC, Table 14.2); and, 3.) Reduce the zoning setback from 75 ft. to 65 ft. along the eastern property boundary adjacent to the existing structure only (UDC, Table 14.2) – District 3 – Director, Department of Planning and Community Development

(At the November 21, 2019 Regular Meeting / Public Hearings, the Board voted unanimously to authorize staff to proceed with advertising for additional Public Hearings for AZ190005 (RUS-AL), SP190002 (RUS-AL), and CP190014 (RUS-AL) to be heard at the December 5, 2019 Regular Meeting / Public Hearings (Consent Agenda (5)(P)). At the December 5, 2010 Regular Meeting / Public Hearing, the Board voted unanimously to deny the CUP and variances. At the January 9, 2020 Regular Meeting / Public Hearing, the Board voted unanimously to rescind the denial of the CUP; Postponed from the March 19, 2020, April 16, 2020, June 4, 2020, and July 9, 2020 Agendas.)

XII. New Business

(1) Conditional Use Permit (CUP) and Rezoning Requests: (Director, Department of Planning and Community Development)

(A) RaceTrac Petroleum, Inc. – CP200006 – to build a 5,411 sq. ft. convenience store with gas pumps with 34 parking spaces conducting around the clock business on 2.631 acres currently zoned Commercial Business District (CBD). Property is located at 2720 Brookwood Road, Cumming, GA 30041 – District 2 – Director, Department of Planning and Community Development

(B) United Office Holdings, LLC – ZA3973 – to rezone from Agricultural District (A1) to Neighborhood Shopping District (NS) on 1.442 acres for a 10,400 sq. ft. office/retail/restaurant establishment with 59 parking spaces with the following variances: 1.) Reduce the zoning buffer from 20 ft. to 0 ft. along the northern and southeastern property boundaries (UDC Table 12.2); 2.) Reduce the zoning setback from 30 ft. to 10 ft. along the southeastern property boundary (UDC Table 12.2); and, 3.) Reduce the side landscape strips from 10 ft. to 0 ft. (UDC 12-10.15). Property is located at 3499 and 3511 Old Atlanta Road, Suwanee, GA 30024 – District 2 – Director, Department of Planning and Community Development

(C) McDonald Development Company – ZA3960 – to rezone from Single Family Residential Restricted District (R1R), Commercial Business District (CBD), and Agricultural District (A1) to Master Planned District (MPD) on 118.66 acres for 88 attached residential units with a density of 0.742 units per acre and commercial and industrial buildings totaling 907,550 sq. ft. with 1,079 parking spaces. Property is located at 2765 Atlanta Highway, Cumming, GA 30040. The property is also located north of Georgia Highway 400 approximately 1,850 ft. east of the intersection with Majors Road and immediately south of properties known as 2585 and 2559 Bagwell Drive. The property is also located south and east of property constituting the Pinnacle Glen subdivision – District 3 – Director, Department of Planning and Community Development

(D) Thomas Family Realty, LLC – CP200007 – to operate a contractor’s establishment (landscape contractor) in existing buildings totaling 4,188 sq. ft. with 14 parking spaces on 5.473 acres currently zoned Commercial Business District (CBD) with the following variances: 1.) Reduce the zoning setback along the eastern property boundary adjacent to the existing structures only from 50 ft. to 17 ft. (UDC Table 12.2); and, 2.) Reduce the zoning buffer along the eastern property boundary adjacent to the existing structure only from 40 ft. to 10 ft. (UDC Table 12.2). Property is located at 6720 Matt Highway, Cumming, GA 30028. The property is also located north of Matt Highway approximately 1,450 ft. west of the intersection with Whitmire Road and immediately west of property known as 6710 Matt Highway – District 4 – Director, Department of Planning and Community Development

(E) Alina and Dmitry Rockman – ZA3966 – to rezone from Lake Residential District (LR) to Agricultural District (A1) on 6.34 acres for 1 residential lot with a density of 0.158 units per acre. Property is located at 9015 Martin Terrace, Gainesville, GA 30506 – District 4 – Director, Department of Planning and Community Development

(2) Board adoption of 2020 Millage Rates – Maintenance & Operations (Net M&O Millage), Fire and Bonds – Chief Financial Officer

(Note: The 2020 Millage Rates will be considered for adoption at 6:30 p.m.)

(3) Board adoption of the Resolution to adopt the 2020 Millage Rate – Chief Financial Officer

(4) Board consideration of an Indemnity Agreement between Forsyth County and DR Horton regarding Bramblett Grove Subdivision – County Attorney

(5) Board consideration of mowing, landscaping, and the overall right of way maintenance along SR141/Peachtree Parkway – Brown/Mills

(6) Board decision regarding priorities related to developments of County parks – Cooper / Semanson

(Due to a 4-1-0 vote at the July 14, 2019 Work Session, this item has been placed on the Agenda as New Business. The motion that was approved was as follows: to stick with the 2019 Capital Project Selection List but to take $12 million off Denmark Park and use it for overages coming in from other parks ($12 million is to remain on the list but can be used for anything). Commissioners Semanson, Mills, Cooper, and Brown voted in favor; Commissioner Levent voted in opposition.)

XII. Recess Regular Meeting

XIII. Executive Session (if needed)

XIV. Adjournment