5/11/2011 - Board of Commissioners Called/Work Session

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FORSYTH COUNTY BOARD OF COMMISSIONERS
WORK SESSION
MAY 11, 2011

On Wednesday, May 11, 2011 at 2:10 p.m., in the Commissioners’ Conference Room of the Forsyth County Administration Building, the Forsyth County Board of Commissioners held a Work Session with the following persons present: Brian R. Tam – Chairman, Patrick B. Bell – Vice Chairman, Ralph J. Amos – Secretary, Jim Boff – Member, Todd Levent – Member, Doug Derrer – County Manager, Tim Merritt – Deputy County Manager, Ken Jarrard – County Attorney and Sonya Bush - Clerk.

AGENDA
WORK SESSION
FORSYTH COUNTY BOARD OF COMMISSIONERS
WEDNESDAY, MAY 11, 2011 @ 2:00 P.M.
FORSYTH COUNTY ADMINISTRATION BUILDING
110 EAST MAIN STREET - SUITE 210
CUMMING, GEORGIA 30040

I. Call Meeting to Order

II. Invocation and Pledge of Allegiance

III. Adoption of Agenda

IV. Items for consideration and discussion:

(1) Site recommendation for location of future County Animal Shelter – Deputy County Manager.

(2) Presentation by Wakefield/Beasley & Associates regarding Conceptual Plans, Programming and Needs Analysis for a Courthouse, Jail Expansion and Parking Deck – County Manager.

(3) Authorization for a Change Order with ArcMP for project implementation of the judicial software – Procurement Director.

(4) Renewal of the Odyssey Court Administration Client Support and Software Update Services with Tyler Technologies for the I.T. Department – Procurement Director.

(5) Authorization to purchase water meters, backflow preventers and other water meter parts – Procurement Director.

(6) Acceptance of RFP 11-01-1500 for utility billing audit services – Procurement Director.

(7) Acceptance of RFP 11-02-1500 for telecommunication billing audit services – Procurement Director.

(8) Authorization to solicit for construction of a “drive through” for the Tax Commissioner – Procurement Director.

(9) Acceptance of Bid 11-04-3150 for the reclamation of Kelly Mill Road – Procurement Director.

(10) Adoption of Resolution by the Forsyth County Board of Commissioners ratifying and approving letter of agreement between the Forsyth County Board of Education and Forsyth County Department of Engineering related to Kelly Mill Road Improvement Project – Deputy County Manager.

(11) Approval and adoption of updated Forsyth County Comprehensive Transportation Plan as prepared by Wilbur Smith Associates in partnership with Atlanta Regional Commission – Assistant Director of Engineering/Director of Engineering.
(A presentation was given by Wilbur Smith Associates at the 04/26/11 Work Session).

(12) Approval for the Sheriff’s Office to apply to the U. S. Department of Justice’s 2011 C.O.P.S. Grant Program, appoint the Grants Manager as the program designee and authorize Chairman Tam to execute any related grant documents – Grants Administrator.

(13) Approval for the Sheriff’s Office to apply to State of Georgia Governor’s Office of Highway Safety’s FY 2011 Highway Enforcement of Aggressive Traffic (HEAT), appointment of the Grants Manager as Program Designee and authorization for Chairman Tam to execute any related documents – Grants Administrator.

(14) Authorization to proceed with purchase of fire apparatus (Ladder Truck) – Fire Chief Bowman.

(15) Authorization to proceed with purchase of fire apparatus (Pumper Truck) – Fire Chief Bowman.

(16) Request confirmation of appointment of Lorne Twiner as the Civil Service Board Appointee to the Forsyth County Board of Ethics to fill the vacancy created by the resignation of George Emory Pirkle – Civil Service Clerk.
(Postponed from 04/26/11 Work Session Agenda).

(17) Approval to renew Agreement with Water Resources Steering Committee a/k/a Upper Chattahoochee Basin Group – Director of Water & Sewer.

(18) Adoption of Resolution authorizing an additional expenditure of $190,000 by King & Spalding to defend the administrative appeal action filed by the Upper Chattahoochee Riverkeeper – County Attorney.

(19) Discussion of mandatory sanctions for underage sales – Chairman Tam.

(20) Sewer Refund Request from Serenity Subdivision – Commissioners Bell and Tam.

(21) Proposed Park and Recreation Ordinance revision that would prohibit smoking or use of tobacco in County parks – County Attorney.

(22) Release of Lien against Former Waterscape Customer – County Attorney.

(23) Consideration of First Amendment to the Taubman Development Agreement – County Attorney.
(Postponed from 02/22/11, 03/08/11, 03/22/11, 04/12/11 and 04/26/11 Work Session Agendas).

(24) Authorization directing the County Attorney to request mandatory meeting on May 24 with the City of Cumming to discuss SPLOST VII projects – County Attorney.

(25) Soil and Erosion Fine Reduction – Waterbrooke Subdivision Phase 1-B – County Attorney.

V. Recess Work Session

VI. Executive Session if Needed

VII. Adjournment

The Chairman recognized a quorum and called the meeting to order.

The Invocation and Pledge of Allegiance were given by Chief Superior Court Judge Jeffrey S. Bagley.

ADOPTION OF AGENDA

There was a motion by Commissioner Boff and a second by Commissioner Bell to add Item #26 (Sewer Line Cost Share Agreement with EAH Investments, Inc.) as a time sensitive item at the request of the County Attorney. Motion carried unanimously.

There was a motion by Commissioner Amos and a second by Commissioner Bell to move Item #8 (Authorization to solicit for construction of a “drive through” for the Tax Commissioner) to Item #3. Motion carried unanimously.

There was a motion by Commissioner Boff and a second by Commissioner Amos to adopt the agenda as amended. Motion carried unanimously.

UNDER ITEMS FOR CONSIDERATION AND DISCUSSION THE FOLLOWING ACTIONS WERE TAKEN:

Site recommendation for location of future County Animal Shelter

Dr. John McGruder, Chairman of the Animal Control & Shelter Advisory Committee, came before the Board to present the committee’s site recommendation for the location of the future County Animal Shelter. The Committee met on April 26, 2011 and voted unanimously to recommend to the Board of Commissioners that the Animal Shelter be built on property currently owned by Forsyth County on County Way provided the county is able to obtain a release of the paved driver’s license test course area which is currently being leased by the Georgia State Patrol. The Board authorized the Deputy County Manager to prepare an amendment to the current lease which will be sent to the Georgia State Patrol for their consideration.

There was a motion by Commissioner Levent and a second by Commissioner Boff to acknowledge receipt of the site recommendation for the location of the future Animal Shelter. Motion carried unanimously.

Presentation by Wakefield/Beasley & Associates regarding Conceptual Plans, Programming and Needs Analysis for a Courthouse, Jail Expansion and Parking Deck

Lamar Wakefield and Doug Shaw of Wakefield/Beasley & Associates made a presentation to the Board regarding Conceptual Plans, Programming and Needs Analysis for a Courthouse, Jail Expansion and Parking Deck. The presentation included:

Review of existing facilities in Criminal Justice System (Courthouse, Jail, Parking) – Proximity, Condition Assessment, Functionality, Reuse Assets
Facility Space Needs/Inefficiencies
Master Plan Solutions to Improve Efficiencies
Total cost of program - $100 million (includes land acquisition costs, construction, fees, furniture, equipment and technology)

This presentation was in conjunction with the SPLOST timeline which was adopted at the Regular Meeting of May 5, 2011.

There are some parcels of the proposed location that are not currently owned by the County. The purchase of those parcels is contingent upon the passage of SPLOST.

The Board requested a conceptual drawing of the façade of the proposed Courthouse.

Mayor Ford Gravitt addressed the Board. He stated that he concurs with the Judges and the Sheriff that we are working in outdated facilities. He stated that the City is willing to participate in the jail and court to the extent that they can in the SPLOST. He feels that a great location has been chosen.

A copy of the Powerpoint presentation is on file in the minute folder.

No action was taken.

The Board took a recess.

The Board come out of recess and reconvened the Work Session.

Authorization to solicit for construction of a “drive through” for the Tax Commissioner

There was a motion by Commissioner Bell and a second by Commissioner Amos to authorize Purchasing to proceed with solicitation of contractors for the construction of a “drive through” for the Tax Commissioners Office with authorization for the County Manager to sign the appropriate documents and that this item be placed on the next available Consent Agenda. Motion carried unanimously.

Note: The estimated cost is approximately $50,000. The County Manager advised the Board that a budget amendment will need to be prepared to make the transfer from Contingency into the Tax Commissioners budget for half of the cost. The remainder will come from the current budget of the Tax Commissioner. This will be done at a future meeting.

Authorization for a Change Order with ArcMP for project implementation of the judicial software

There was a motion by Commissioner Boff and a second by Commissioner Levent to authorize the Change Order with ArcMP for project implementation of the judicial software in an amount not to exceed $29,555 with authorization for the County Manager to sign the appropriate documents and that this item be approved as time sensitive. Motion carried unanimously.

Renewal of the Odyssey Court Administration Client Support and Software Update Services with Tyler Technologies for the I.T. Department

There was a motion by Commissioner Boff and a second by Commissioner Levent to approve the renewal of the Odyssey Court Administration Client Support and Software Update Services with Tyler Technologies for the I.T. Department in an amount not to exceed $56,432 with authorization for the County Manager to sign the appropriate documents and that this item be placed on the next available Consent Agenda. Motion carried unanimously.

Authorization to purchase water meters, backflow preventers and other water meter parts

There was a motion by Commissioner Amos and a second by Commissioner Boff to authorize the purchase of water meters, backflow preventers and other water meter parts from Delta Municipal in an amount not to exceed $655,472.64 with authorization for the County Manager to sign the appropriate documents and that this item be approved as time sensitive. Motion carried unanimously.

Acceptance of RFP 11-01-1500 for utility billing audit services

There was a motion by Commissioner Boff and a second by Commissioner Amos to award RFP 11-01-1500 for utility billing audit services to Utility Analyses, Inc. with authorization for the County Manager to sign the appropriate documents upon legal review and that this item be placed on the next available Consent Agenda. Motion carried unanimously.

Acceptance of RFP 11-02-1500 for telecommunication billing audit services

There was a motion by Commissioner Amos and a second by Commissioner Boff to award RFP 11-02-1500 for telecommunication billing audit services to Dynamo with authorization for the County Manager to sign the appropriate documents upon legal review and that this item be placed on the next available Consent Agenda. Motion carried unanimously.

Acceptance of Bid 11-04-3150 for the reclamation of Kelly Mill Road

There was a motion by Commissioner Amos and a second by Commissioner Bell to award Bid 11-04-3150 for the reclamation Kelly Mill Road to Blount Construction in the amount of $2,606,200.02 with authorization for the County Manager to sign the appropriate documents and that this item be placed on the next available Consent Agenda. Motion carried unanimously.

After further discussion, it was determined that this item should have been approved as time sensitive in order to move forward with the contract to meet the completion date of the project.

There was a motion by Commissioner Boff and a second by Commissioner Bell to reconsider the previous vote. Motion carried unanimously.

There was a motion by Commissioner Amos and a second by Commissioner Bell to award Bid 11-04-3150 for the reclamation Kelly Mill Road to Blount Construction in the amount of $2,606,200.02 with authorization for the County Manager to sign the appropriate documents and that this item be approved as time sensitive. Motion carried unanimously.

Adoption of Resolution by the Forsyth County Board of Commissioners ratifying and approving letter of agreement between the Forsyth County Board of Education and Forsyth County Department of Engineering related to Kelly Mill Road Improvement Project

There was a motion by Commissioner Boff and a second by Commissioner Levent to adopt the Resolution by the Forsyth County Board of Commissioners ratifying and approving the letter of agreement between the Forsyth County Board of Education and Forsyth County Department of Engineering related to the Kelly Mill Road Improvement Project with authorization for the County Manager to sign the appropriate documents and that this item be approved as time sensitive. Motion carried unanimously.

Approval and adoption of updated Forsyth County Comprehensive Transportation Plan as prepared by Wilbur Smith Associates in partnership with Atlanta Regional Commission

A presentation was given by Wilbur Smith Associates at the Work Session held on April 26, 2011. Tim Allen, Assistant Director of Engineering, distributed revisions to pages 29, 30 and 31.

Vice Chairman Bell requested that the plan be revised to show Jot’em Down Road will become a four lane divided highway from GA 400 to SR 369 as a long range project. Without exception, the Board directed staff to include this revision.

There was a motion by Commissioner Boff and a second by Commissioner Bell to adopt the updated Forsyth County Comprehensive Transportation Plan as prepared by Wilbur Smith Associates in partnership with Atlanta Regional Commission with authorization for the County Manager to sign the appropriate documents and that this item be placed on the next available Consent Agenda. Motion carried unanimously.

Approval for the Sheriff’s Office to apply to the U. S. Department of Justice’s 2011 C.O.P.S. Grant Program, appoint the Grants Manager as the program designee and authorize Chairman Tam to execute any related grant documents

There was a motion by Commissioner Bell and a second by Commissioner Amos to grant approval for the Sheriff’s Office to apply to the U. S. Department of Justice’s 2011 C.O.P.S. Grant Program with the understanding that we may not accept the grant, to appoint the Grants Manager as the program designee and to authorize Chairman Tam to execute any related grant documents and that this item be approved as time sensitive. Motion carried unanimously.

Approval for the Sheriff’s Office to apply to State of Georgia Governor’s Office of Highway Safety’s FY 2011 Highway Enforcement of Aggressive Traffic (HEAT), appointment of the Grants Manager as Program Designee and authorization for Chairman Tam to execute any related documents

There was a motion by Commissioner Levent and a second by Commissioner Bell to grant approval for the Sheriff’s Office to apply to State of Georgia Governor’s Office of Highway Safety’s FY 2011 Highway Enforcement of Aggressive Traffic (HEAT), appointment of the Grants Manager as Program Designee and authorization for Chairman Tam to execute any related documents with the County’s match portion in the amount of $114,600 and to accept the grant funds of $76,400 and that this item be approved as time sensitive. Motion carried unanimously.

Authorization to proceed with purchase of fire apparatus (Ladder Truck)

Chief Bowman read the following statement into the record: Commissioners, in 2008, the voters approved the SPLOST VI referendum which included $825,000 for an aerial ladder truck. Save only for two apparatus (one ladder truck and one pumper truck) the entire front-line fleet of apparatus of the Forsyth County Fire Department is a manufacturing design commonly referred to as “Pierce”. To be sure, high quality/heavy duty construction coupled with maximum safety for the firefighters is quite costly initially. The initial expense, however, is offset with an anticipated life span of 15 years or more for the apparatus. Our two major goals are (1) standardization of the entire fleet of fire apparatus and (2) maximum safety afforded for the firefighters. The standardization mentioned will also be a substantial cost savings as the parts inventory maintained by the Fire Motor Maintenance Division will be, arguably, cut in half, as we will be dealing with only one manufacturing model. Additionally, the Pierce Manufacturing design is constructed by a single source, as opposed to the frame and crew cab being provided by multiple manufacturers. A recent inspection conducted by the Insurance Services Office recommends that Forsyth County have 17 hook and ladder trucks in service. We currently have only two. Therefore, it is my strong recommendation that the Board of Commissioners approve that the Purchasing Director negotiate the best price available, using a detailed set of specifications, with Pierce Manufacturing. It is further recommended that the Purchasing Director seek a “prepayment discount”. Following such negotiations, the results will be brought back to the Board for consideration.

There was a motion by Commissioner Amos and a second by Commissioner Bell to proceed with the purchase of a fire apparatus ladder truck in an amount not to exceed $825,000 and that the Procurement Director negotiate the best price. Motion and second were withdrawn.

There was a motion by Commissioner Amos and a second by Commissioner Bell to proceed with the purchase of a fire apparatus ladder truck with authorization for the Procurement Director to negotiate the best price and that this is a sole source purchase from Pierce Manufacturing and that the Procurement Director seek a pre-payment discount with authorization for the County Manager to sign the appropriate documents and that this item be placed on the next available Consent Agenda. Motion carried unanimously.

Note: There was also discussion regarding a prompt payment discount instead of a pre-payment discount. The Board directed the Procurement Director to investigate the prompt payment discount as well as the pre-payment discount.

Authorization to proceed with purchase of fire apparatus (Pumper Truck)

Chief Bowman read the following statement into the record: Two years ago, the Board of Commissioners approved a modest Fire Millage Rate increase for the purpose of purchasing one fire pumper truck annually. The current Fire Department budget has a line item for $650,000 for such a purpose and funds are available. A recent inspection conducted by the Insurance Services Office recommends that Forsyth County have 40 fire pumper trucks in service. We currently have only 12. Therefore, it is my strong recommendation that the Board of Commissioners approve that the Purchasing Director negotiate the best price available, using a detailed set of specifications, with Pierce Manufacturing. It is further recommended that the Purchasing Director seek a “prepayment discount” in addition to an “economy of scale” discount for two apparatus being purchased simultaneously. Following such negotiations, the results will be brought back to the Board for consideration.

There was a motion by Commissioner Amos and a second by Commissioner Bell to proceed with the purchase of fire apparatus (Pumper Truck). Motion and second were withdrawn.

There was a motion by Commissioner Bell and a second by Commissioner Boff to approve the purchase of a pumper truck as described by the Fire Chief with the authorization for the Procurement Director to negotiate the best price based on prompt payment/pre-payment and economy of scale and that this is a sole source purchase from Pierce Manufacturing with authorization for the County Manager to sign the appropriate documents and that this item be placed on the next available Consent Agenda. Motion carried unanimously.

Request confirmation of appointment of Lorne Twiner as the Civil Service Board Appointee to the Forsyth County Board of Ethics to fill the vacancy created by the resignation of George Emory Pirkle

The County Attorney advised the Board that given the pending ethics matters that implicate some members of the Board of Commissioners he recommends that the Board delay ratification of this appointment until such time as the current pending ethics matter is resolved.

There was a motion by Commissioner Boff and a second by Commissioner Levent to postpone the decision on this item to the Work Session after final resolution of the pending matter currently before the Ethics Board. Motion carried unanimously.

Approval to renew Agreement with Water Resources Steering Committee a/k/a Upper Chattahoochee Basin Group

There was a motion by Commissioner Boff and a second by Commissioner Levent to renew the Agreement with Water Resources Steering Committee a/k/a Upper Chattahoochee Basin Group in the amount of $42,000 with an expected revenue of $31,500 which will come from participating members of the Upper Chattahoochee Basin Group with authorization for the County Manager to sign the appropriate documents and that this item be placed on the next available Consent Agenda. Motion carried unanimously.

Adoption of Resolution authorizing an additional expenditure of $190,000 by King & Spalding to defend the administrative appeal action filed by the Upper Chattahoochee Riverkeeper

There was a motion by Commissioner Bell and a second by Commissioner Amos to adopt the Resolution authorizing an additional expenditure of $190,000 by King & Spalding to defend the administrative appeal action filed by the Upper Chattahoochee Riverkeeper against the Environmental Protection Division and Forsyth County, Georgia.

Staff requested that this item be approved as time sensitive.

Vice Chairman Bell added to the motion that this item be approved as time sensitive. Commissioner Amos renewed his second.

Motion carried unanimously.

Discussion of mandatory sanctions for underage sales

The County Attorney came before the Board to discuss sanctions under the Alcohol Code related to underage sales. There have been several Administrative Hearings in recent months related to underage sales and there are more to come. These are related to employees and licensees. With respect to underage sales, the County’s rules are fairly strict with respect to the holder of the license. Under the current rules, a second violation in a 24 month period shall result in a mandatory hearing before the Board and a license suspension for a minimum period between seven and 60 days. A third violation in a 24 month period shall result in a mandatory hearing before the Board and a revocation of the license absent a showing of mitigating circumstances deemed sufficient in the discretion of the Board. The Chairman would like the Board to have options. If the Board gives the County Attorney direction to modify the Ordinance, it will go to a Public Hearing. The County Attorney would need guidance on how the Board would like the revised ordinance to read unless the Board wants him to reinstate the old discretionary clause at the bottom that says any of the sanctions are subject to mitigation.

There was discussion regarding Section 6-11(b)(2) that there should be a one day suspension instead of the seven day and what day it would be. It was suggested that it be the next like day but not a holiday. Vice Chairman Bell stated that regarding any changes that are made he would like to include that anyone who was previously caught would be grandfathered under the old ordinance.

There was a motion by Commissioner Tam to bring this to a Public Hearing. Motion died due to lack of a second.

There was discussion regarding including language to give the Board discretion when to count or not to count a prior offense.

The County Attorney will bring back proposed language for the Board’s review.

Sewer Refund Request from Serenity Subdivision

There was a motion by Commissioner Bell and a second by Commissioner Boff to approve the sewer refund to Serenity Subdivision in the amount of $623,700 with authorization for the County Manager to sign the appropriate documents.

The motion and second were restated to include the approval as time sensitive.

Motion carried unanimously.

The County Attorney requested that Item #22 and Item #25 be considered as the next items.

Release of Lien against former Waterscape Customer

There was a motion by Commissioner Levent and a second by Commissioner Amos to release the lien against former Waterscape customers Alan W. Dupre and Gay M. Dupre with authorization for the County Manager to sign the appropriate documents and that this item be placed on the next available Consent Agenda. Motion carried unanimously.

Soil and Erosion Fine Reduction – Waterbrooke Subdivision, Phase 1-B

A request has been received from Peoples Bank & Trust to reduce soil & erosion fines for the Waterbrooke Subdivision, Phase 1-B. The fines total $24,000. The property has met the requirements of the Board’s Resolution. Paul Frickey advised the Board that the Settlement Agreement in the agenda book states the fines will be reduced to $3,000. This is a typographical error. The fines would be reduced to $10,000 which is the minimum amount pursuant to the Resolution.

The County Attorney advised the Board that copies of the Settlement Agreement will need to be provided to the Board. This item will be considered later in the meeting.

See Page #14 for additional action on this item.

Proposed Park and Recreation Ordinance revision that would prohibit smoking or use of tobacco in County parks

The County Attorney presented the proposed ordinance revision that would prohibit smoking or use of tobacco in County parks. The proposed ordinance revision addressed Active Parks, Passive Parks, Camping Parks and Lake Parks. It also addressed parks that meet the definition of both a Lake Park and a Camping Park.

There was a motion by Commissioner Tam and a second by Commissioner Amos to bring to a Public Hearing a proposed Parks & Recreation Ordinance modification that would make all Forsyth County parks tobacco free except for parking lots and camp sites. Motion carried with four members in favor (Tam, Amos, Boff and Levent) and one member in opposition (Bell).

Note: Due to the 4-1 vote, this item will be placed on the next available New Business agenda.

Consideration of First Amendment to the Taubman Development Agreement

This item involves proposed modifications to the Development Agreement between Forsyth County and TRG Forsyth, LLC. The agreement was entered into in 2008 and this is the first substantive amendment. The County Attorney advised the Board that he will not be asking the Board to vote on this agreement today. This proposed modification does extend the County’s obligation to pay for right-of-way costs. In addition, it provides the ability of Taubman to basically draw down some sewer capacity at a reduced price. There is still some disagreement on Section 6.6 regarding Parcel “I” and Section 6.7 regarding Nancy Reagan Drive. The issue with Nancy Reagan Drive may resolve itself if a third party builds the road. There would still be questions regarding if it would be a private or public road, who would maintain the road and who could use it.

Mark Putney addressed the Board.

Emory Lipscomb addressed the Board.

The County Attorney advised the Board that a covenant could be drafted between Tharaldson and Taubman which could be filed in the records of the Courthouse indicating that there is no maintenance or upkeep obligation of any kind on behalf of Tharaldson or their successors.

There is still not a consensus regarding Parcel “I”. It could be removed from the agreement and resolved by way of the contract with CW Matthews that we have now or staff can continue to try and get it done.

Vice Chairman Bell suggested that Taubman sit down with Commissioner Levent, Ken Jarrard, Emory Lipscomb and himself for further discussions to work out these final details.

No action was taken.

Soil and Erosion Fine Reduction – Waterbrooke Subdivision, Phase 1-B

The County Attorney distributed the Settlement Agreement to the Board which reflected the correct dollar amount.

There was a motion by Commissioner Boff and a second by Commissioner Amos to approve the Settlement Agreement and Release between Forsyth County, Georgia and Peoples Bank & Trust to reduce the fines to $10,000 and that this item be approved as time sensitive. Motion carried unanimously.

Authorization directing the County Attorney to request mandatory meeting on May 24 with the City of Cumming to discuss SPLOST VII projects

There was a motion by Commissioner Amos and a second by Commissioner Levent to authorize the County Attorney to request a mandatory meeting on May 24 with the City of Cumming to discuss SPLOST VII projects with authorization for the County Manager to sign the appropriate documents and that this item be approved as time sensitive. Motion carried unanimously.

Sewer Line Cost Share Agreement with EAH Investments, Inc.

There was a motion by Commissioner Amos and a second by Commissioner Boff to approve the Sewer Line Cost Share Agreement and Capacity Purchase Agreement between Forsyth County, Georgia and EAH Investments, Inc. as presented striking Section 8 regarding Easements with authorization for the County Manager to sign the appropriate documents and that this item be placed on the next available Consent Agenda. Motion carried unanimously.

ANNOUNCEMENT

Vice Chairman Bell made the following announcement: I wish to announce that following the RFP award related to the Forsyth County banking business a relative of mine entered into a loan transaction with a United Community Bank branch. While the loan was to a relative, and unrelated to the county’s banking RFP process, I could in fact benefit from this loan transaction. Since the actual county contract with United Community Bank has not been executed, and therefore the Board of Commissioners will be required to take further action on this matter, I feel that out of an abundance of caution I should formally declare my intention to recuse myself from any further involvement with the United Community Bank matter and I will not vote on the United Community Bank contract.

There was a motion by Commissioner Bell and a second by Commissioner Boff to adjourn. Motion carried unanimously.


____________________________________
Clerk/Deputy Clerk of Commission

The above and foregoing Minutes are hereby certified as being correct and ordered
recorded.

___________________________________________
BRIAN R. TAM, CHAIRMAN


____________________________________________
PATRICK B. BELL, VICE CHAIRMAN


____________________________________________
RALPH J. AMOS, SECRETARY



____________________________________________
JIM BOFF, MEMBER


____________________________________________
TODD LEVENT, MEMBER


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Cumming GA 30040
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Fax: 770-781-2199