HALL COUNTY BOARD OF COMMISSIONERS VOTING MEETING MINUTES

Transcription

1 HALL COUNTY BOARD OF COMMISSIONERS VOTING MEETING MINUTES March 14, :00 p.m. Hall County Government Center 2 nd Floor 2875 Browns Bridge Road, Gainesville, GA 1. Call to Order: Chairman Mecum called the meeting to order at 6:06 p.m. Present: Chairman Mecum and Commissioners Craig Lutz, Billy Powell, Scott Gibbs and Jeff Stowe. Also present were County Administrator Randy Knighton, Assistant Administrator Marty Nix, Commission Clerk Melissa McCain and County Attorney Bill Blalock. 2. Approve Agenda: There was a motion made to approve the agenda as presented. MOTION: SECOND: AYES: NAYS: Jeff Stowe Billy Powell Craig Lutz, Billy Powell, Richard Mecum, Scott Gibbs and Jeff Stowe. None 3. Invocation: Hall County Administrator Randy Knighton gave the invocation. 4. Pledge of Allegiance: Commissioner Craig Lutz led the Pledge of Allegiance. 5. Proclamation: Master Gardeners Hall County Extension Agency - presented by Commissioner Billy Powell 6. Presentation: Government Scholars Academy presentation and review given by Hall County Public Information Officer Katie Crumley. 7. Public Comment Agenda Items Only (2 minutes per speaker/10 minutes maximum) It was noted the only speaker signed up for public comments concerned the Pawn Shop Resolution and that those comments would be heard during the public hearing on that item. 8. Consent Agenda: Page 1 of 7

2 a. Approve February 25, 2013 Work Session Meeting b. Approve February 28, 2013 Voting Session Meeting c. Approve March 11, 2013 Work Session Meeting d. Approve re-appointment of Jane Hemmer to the Chicopee Woods Area Park Commission. e. Approve re-appointment of Hall County Administrator Randy Knighton to the Lanier Joint Development Authority for Hall and Forsyth County. f. Approve resolution for an Emergency Operation Plan. g. Approve Purchasing Staff to begin bid process for construction of fire stations. h. Approve Purchasing Staff to begin bid process for fire truck. i. Approve the Family Treatment Court s application for the 2013 OJJDP Grant (CFDA# ) designate the grants manager as program designee and authorize the Chairman to execute the necessary documents. j. Approve the Justice and Mental Health Collaboration Program application for the 2013 OJJDP Grant (CFDA# ) appoint the grant manager as program designee and authorize the Chairman to execute the necessary documents. k. Approve Georgia Department of Transportation FY14 Federal Section 5311 Operating Grant Application and authorize the Chairman to execute the necessary documents. l. Approve Georgia Power Utility Relocation Agreement for White Sulphur Road in association with the Gateway Industrial Centre development and authorize Chairman to execute associated documents. Commission Districts 3 & 4. m. Approve the extension of $70,000 Irrevocable Letter of Credit for Streets in Village at Deaton Creek Phase 2B Unit 6. Commission District 1 n. Approve the extension of $42,500 Irrevocable Letter of Credit for Streets and Sidewalks in Village at Deaton Creek Phase 2B Unit 5. Commission District 1 o. Approve IFB Printing and Mail Out of Annual Assessment Notices bid award to Harris Computer out of Statesboro Georgia in the amount of $37, p. Approve Surplus Equipment List from Parks & Leisure and authorization to Specify funds to be earmarked for the purchase of Trail Making q. Approve the surplus of a vehicle from District Attorney s Office and authorize sale to Dawson County for $7,500 and earmark proceeds and funds from Condemnation Fund for the purchase of a new vehicle for District Attorney s Office. There was a motion made to approve the Consent Agenda as presented. MOTION: Scott Gibbs SECOND: Jeff Stowe AYES: Craig Lutz, Billy Powell, Richard Mecum, Scott Gibbs and Jeff Stowe NAYS: None Motion carried 9. Other Business: Page 2 of 7

3 a. Hearing on Violation of alcohol code for East Hall Food Mart, 4590 Old Cornelia Hwy, Gainesville, Ga ; Business type: Convenience Store; License Type: Package Malt Beverage & Wine; Owner: K A R F INC.; License holder, Anantkumar M. Patel, President; Commission District Three. TAB 1 Business License Director Susan Rector approached the Commission and advised that the Hall County Sheriff s Department conducted an investigation of the East Hall Food Mart at which time they were found in violation of the gambling laws and were charged with two felony gambling violations. It was noted that the violator was the owner of the establishment and not an employee. Continuing, Director Rector advised that upon sentencing there was a negotiated plea and the final charges were reduced to two misdemeanor charges. Owner Anantkumar Patel approached the Commission and advised that he had only had the machines in his business for two weeks and at the time of the arrest the machines were not in use or plugged in. Commissioner Gibbs inquired on the action taken against past violators. Director Rector advised that the last violation was approximately ten years ago with the last three violators receiving either a 90-day or 120-day suspension of their alcoholic beverage license(s). It was noted that the 120-day suspension was for a repeat violation. There was a motion made suspend the alcoholic beverage license(s) for the East Hall Food Mart for a period of five (5) days, Monday Friday, dates at the discretion of the owner but must be consecutive, and to further require the business to pay the reinstatement fee as set by Code. MOTION: SECOND: Scott Gibbs Craig Lutz Discussion: Commissioner Stowe inquired if a first time offender sentence could be created so that the decision of the Commission will be consistent in the future. Attorney Blalock advised that at one time there was a first time offender sentence but that situations very and extenuating circumstances may exist that would require flexibility on the Commission s decisions. Commissioner Stowe further stated that he was concerned that the Commission was not being consistent and reminded the Commission that this was the owner that violated the Code and not an employee. Chairman Mecum advised that he felt the license should be suspended for a period of six months and the employee charged. Page 3 of 7

4 AYES: Craig Lutz, Billy Powell and Scott Gibbs NAYS: Richard Mecum and Jeff Stowe Motion carried. b. Consider the second reading and public hearing for Señor Fiesta Restaurant, 4110 Cleveland Hwy Suite A, Gainesville, GA.; Business Type: Restaurant; License Type: Consumption on the premises Wine, Malt Beverages and Distilled Spirits; Owner: Señor Fiesta LLC; License holder and Registered Agent, Rogelio Onate, Member; Commission District Three. Director Rector reviewed the request and advised that this was a new business and that the location has not had an alcoholic beverage license in the past. Attorney Blalock asked for public comments in favor or in opposition of the application. Madelyn Kennedy approached the Commission and advised that she was a partner in the business and felt that this would be a great location for this family restaurant and further that she had been in the restaurant business for the last twenty-eight (28) years and would ensure employees were properly trained in alcoholic beverage sales. There were no public comments in opposition of the application. There was a motion made to approve the consumption on the premises Wine, Malt Beverages and Distilled Spirits licenses for the Señor Fiesta Restaurant located at 4110 Cleveland Hwy Suite A, Gainesville, GA. MOTION: Scott Gibbs SECOND: Billy Powell AYES: Craig Lutz, Billy Powell, Richard Mecum, Scott Gibbs and Jeff Stowe NAYS: None Motion carried c. Consider the first reading to approve a resolution to amend the Business License Code - regulations for pawn shops and secondhand dealers. Director Rector reviewed items c and d together. Attorney Blalock asked for public comments in favor or in opposition of the resolution. Mike Scupin, 5315, Innisbrook Lane, Gainesville, Ga. Mr. Scupin made the following summary statement: I am with the Lanier Tea Party Patriots here in Hall County and the first thing I would like to say is that I am for anything that will slow or prevent crime in our community. There Page 4 of 7

5 have been many communities that have implemented similar ordinances to those that Hall County is considering. Since other communities have previously introduced this type of ordinance, it would show wisdom for our county to do their homework and verify that this type of ordinance has actually had the effect that was intended and is not like so many regulations that sound good on paper but fail to accomplish the intended goal. I believe most of you ran for office under the Republican Party banner and I would like to quote from the Party platform Regulations must be drafted and implemented to balance legitimate public safety or consumer protection goals and job creation. Over regulation is a stealth tax on everyone as the cost of compliance with the whims of the Federal Agencies, or Hall County, are passed along to the consumers and in the case of Federal Regulations it runs up to 1.75 billion dollars a year. We call for a moratorium on the development of any new major and costly renovations I will end the quote there and point out some basic facts; The regulations that have been put on banks have forced many to go to pawn shops that would have normally gone to banks; adding regulations that would add costs to every transaction will hurt the poor disproportionally to the population as a whole because the cost of the regulations that Hall County is placing on the pawn shops will be passed on to the consumer in two ways, it will lower the amount they receive from the transaction and it will also raise the price if someone goes into a pawn shop to buy an item. If after doing your homework you can prove to the community that the regulations that you are proposing have actually decreased crime in other communities by using an independent source such as an FBI statistics report, which does in fact indicate that it does reduce crime, move forward with the ordinance. I would advocate that this idea be tabled until such time that verification can be provided to the community. Just because it sounds good on paper is no indication that it accomplishes its intended purpose. Terry Cuhn, West Hall Area. Mr. Kuhn approached the commission and complimented the Sheriff s Department for their comments on this proposal. Mr. Kuhn further advised that this is a regulation that should be handled by the State and he encouraged the commissioners to contact their State representatives. Mr. Kuhn further stated that he felt the county needed to move forward with these regulations. It was noted the second reading would be held March 28, 2013 d. Consider the first reading to approve a resolution to amend the Business License Code - regulations for precious metals dealers. Page 5 of 7

6 This item was considered above. It was noted the second reading would be held March 28, e. Consider the first reading and public hearing to consider request from property owners to abandon an approximate two hundred sixty (260) foot section of unused, platted right-of-way along Reed Drive and authorize Chairman to execute Quit Claim Deed(s). Commission District 4. Public Works Director Ken Rearden reviewed the request. Attorney Blalock asked for public comments in favor or in opposition of the request; there were none. It was noted the second reading would be held March 28, f. Consider RFP Design Build Clermont Gym Renovation to Library bid award to Scroggs & Grizzel Contracting out of Gainesville, Ga. in the amount of $478, Purchasing Director Tim Sims reviewed the RFP and staff recommended awarding the bid to Scroggs and Grizzel in the amount of $478, There was a motion made to approve RFP and award the bid to Scroggs & Grizzel Contracting in the amount of $478, MOTION: SECOND: Scott Gibbs Craig Lutz Discussion: Commissioner Powell stated that he didn t see the need to spend the county s money when a multimillion dollar facility was built five miles down the road. I don t see spending tax payer dollars on a redundant facility. Commission Lutz stated that he wanted to support the renovation and that it was a great partnership with the City of Clermont. Further, this will be a great opportunity to renovate a project they can use without increasing the operational costs on the county. Continuing, Commissioner Lutz advised that these dollars are SPLOST dollars that were specifically voted on for North Hall Library and those funds have to be spent there and not at another facility. Commissioner Gibbs advised that he wanted to clarify that the City of Clermont runs the facility but it is owned by Hall County. AYE: Craig Lutz, Richard Mecum, Scott Gibbs and Jeff Stowe. NAYS: Billy Powell Motion carried Page 6 of 7

7 10. Report from County Attorney 11. Report from County Administrator Administrator Knighton announced that a County Intern, Mayra Deras, had been accepted into Georgia Tech. and congratulated her on this accomplishment. 12. Consider other business presented by members of the Commission Commission District 1 - Craig Lutz Commission District 2 Billy Powell Commission District 3 Scott Gibbs Commission District 4 Jeff Stowe Commissioner Stowe congratulated many of the local sports teams for their winning seasons including the City of Buford, North Hall, Dawson County Girls, and Gainesville High Boys. Chairman 13. Adjourn With no further business to come before the commission there was a motion to adjourn at 6:42 p.m. MOTION: Billy Powell SECOND: Craig Lutz AYES: Craig Lutz, Billy Powell, Richard Mecum, Scott Gibbs and Jeff Stowe. NAYS: None Motion carried. Page 7 of 7