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FORSYTH COUNTY BOARD OF COMMISSIONERS
WORK SESSION
JUNE 7, 2011
On Tuesday, June 7, 2011 at 2:06 p.m., in the Commissioners’ Meeting 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, Ken Jarrard – County Attorney and Cindy Henderson – Deputy Clerk.
AGENDA
WORK SESSION
FORSYTH COUNTY BOARD OF COMMISSIONERS
TUESDAY, JUNE 7, 2011 @ 2:00 P.M.
FORSYTH COUNTY ADMINISTRATION BUILDING
110 EAST MAIN STREET - SUITE 220
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) Presentation of Preliminary Budget for 2012 – Director of Finance/Controller.
(2) Adoption of Parks & Recreation Board Policy regarding Concussions in Youth Sports – Director of Parks & Recreation.
(Postponed from 05/24/11 Work Session Agenda).
(3) Adoption of Resolution modifying the passenger fare charged to passengers of the Dial A Ride Program to a single fare of $2.00 per one-way trip - effective September 1, 2011 – Director of Fleet Maintenance.
(4) Settlement Agreement of Sheriff’s Office Unit #87 with Chrysler Group, LLC – Risk Manager/Director of Fleet Maintenance.
(5) Approval of the addendum to ratify the 2009 Blue Cross Blue Shield of Georgia Administrative Services Agreement as applicable to the 2010 period for employee healthcare coverage – Director of Personnel Services.
(6) Request by Superior Court Clerk for modified job descriptions – County Attorney.
(7) Acceptance of RFP 11-47-5212 for providing Construction Documents on various proposed parks – Procurement Director.
(8) Acceptance of RFP 11-05-1550 for Brokerage Services for County Employee Benefits – Procurement Director.
(9) Acceptance of Bid 11-37-3150 for intersection improvements on State Route 9 and Bannister Road – Procurement Director.
(10) Microsoft Enterprise Agreement Software Maintenance and Support Annual Renewal for the Information Technology Department – Procurement Director.
(11) Approval of Pictometry Imagery Contract and Flight Scheduling – Director of GIS.
(12) Discussion of potential modifications to the Unified Development Code – Interim Director of Planning & Development.
(13) Review of proposed zoning concept plan and zoning conditions associated with court-ordered rezoning of Lanier Golf Club – County Attorney/Interim Director of Planning & Development.
(14) Discussion of Forsyth County Health Department Space Needs Analysis and Request – Commissioner Amos.
(15) Discussion of Planning Commission – Commissioner Amos.
(Postponed from 05/24/11 Work Session Agenda).
(16) Kelly Mill Road Waterlines Project – Commissioner Amos.
(17) Ethics Board request for modifications to the Ethics Ordinance – County Attorney.
(18) Review of Forsyth County Animal Control Ordinance pertaining to vicious animals – County Attorney.
(19) Acquisition contract between Forsyth County and Amy McCollum and JHA Investments, LLC – County Attorney.
(20) Acquisition contract between Forsyth County and Mashburn Farms, LP – County Attorney.
(21) Discussion of Sewer Tap Fee Payment Plan – Chairman Tam.
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 Chairman Tam.
ADOPTION OF AGENDA
There was a motion by Commissioner Tam and a second by Commissioner Boff to table Item #2 (Adoption of Parks & Recreation Board Policy regarding Concussions in Youth Sports) for further information. Motion carried unanimously.
There was a motion by Commissioner Boff and a second by Commissioner Amos to add Item #22 (Proposed Settlement Agreement between Forsyth County and Pope & Land Union Hill, LP) as requested by the County Attorney. 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:
Presentation of Preliminary Budget for 2012
David Gruen, Director of Finance/Controller, presented the preliminary budget for 2012. The preliminary budget includes requested General Fund Expenditures (Requested – Same Service) in the amount of $93,333,365 which represents a 5.86% increase over the
approved 2011 budget. The projected General Fund Revenue is $90,183,510 which represents a 2.29% increase over the approved 2011 budget. This results in a funding shortfall of $3,149,855. There was also discussion regarding the Fire Fund, Special Revenue Funds, Water & Sewer Fund, Solid Waste & Recycling Fund, Bonds, Capital (Same Service) and New Budget Items. Discussion also included the sunset provisions regarding unpaid holidays and the 401K contributions. The Board discussed including a 3% COLA rather than the 2% restoration of the 401K. The tax digest and millage rate were also discussed. The Finance Committee will review the preliminary budget and make a recommendation to the Board. A copy of the presentation is on file in the minute folder.
Adoption of Resolution modifying the passenger fare charged to passengers of the Dial A Ride Program to a single fare of $2.00 per one-way trip – effective September 1, 2011
There was a motion by Commissioner Amos and a second by Commissioner Boff to adopt the Resolution modifying the passenger fare charged to passengers of the Dial A Ride Program to a single fare of $2.00 per one-way trip effective September 1, 2011. Motion carried unanimously.
Settlement Agreement of Sheriff’s Office Unit #87 with Chrysler Group, LLC
There was a motion by Commissioner Bell and a second by Commissioner Amos to accept the Settlement Agreement with Chrysler Group, LLC with the understanding that we will be able to remove any of our added on police equipment that we put on and that we also retain the right to pursue any third party claim that would have potentially removed equipment without permission. Motion carried unanimously.
Commissioner Boff left the meeting.
There was a motion by Commissioner Bell and a second by Commissioner Amos to approve the Odometer Disclosure Statement with authorization for the Chairman to sign the document and that this be approved as time sensitive. Motion carried with four members in favor (Tam, Bell, Amos and Levent) and one member absent (Boff).
Staff advised the Board that the Settlement Agreement should have been approved as time sensitive.
There was a motion by Commissioner Bell and a second by Commissioner Amos to rescind the previous motion regarding the approval of the Settlement Agreement with Chrysler Group, LLC. Motion carried with four members in favor (Tam, Bell, Amos and Levent) and one member absent (Boff).
Commissioner Boff returned to the meeting.
There was a motion by Commissioner Bell and a second by Commissioner Amos to approve the Settlement Agreement with Chrysler Group, LLC with the provision that we can remove any of our added on equipment and that we also retain the right to pursue any cause of action against any third party that may have removed equipment without permission and that this item be approved as time sensitive. Motion carried unanimously.
There was a motion by Commissioner Levent and a second by Commissioner Boff to approve the Power of Attorney appointing the Chrysler Group, LLC or its designee as the County’s Attorney in Fact and that this item be approved as time sensitive. Motion carried unanimously.
Approval of the addendum to ratify the 2009 Blue Cross Blue Shield of Georgia Administrative Services Agreement as applicable to the 2010 period for employee healthcare coverage
There was a motion by Commissioner Bell and a second by Commissioner Boff to approve the addendum to ratify the 2009 Blue Cross Blue Shield of Georgia Administrative Services Agreement as applicable to the 2010 period for employee healthcare coverage. Motion carried unanimously.
Request by Superior Court Clerk for modified job descriptions
The County Attorney advised the Board that this item involves a request by Greg Allen, Superior Court Clerk, to modify two job descriptions. During the last legislative session the General Assembly adopted local legislation pertaining to our Civil Service regulations regarding the Clerk of Courts Office. This legislation removes the position of the Chief Deputy Clerk from Civil Service and changes it to an “at will” position. The legislation also changes the title of Manager, Clerks Real Estate Division to Office Manager, Clerk of Superior Court and removes the position from Civil Service and changes it to an “at will” position.
There was a motion by Commissioner Boff and a second by Commissioner Bell to approve the request by the Superior Court Clerk for modified job descriptions as outlined by the County Attorney. Motion carried unanimously.
Acceptance of RFP 11-47-5212 for providing Construction Documents on various proposed parks
There was a motion by Commissioner Boff and a second by Commissioner Amos to award RFP 11-47-5212 for providing construction documents on various proposed parks (Harrison, Buice, McClure and Echols) to Hayes, James & Associates in an amount not to exceed $225,000 and that this item be approved as time sensitive. Motion carried unanimously.
Acceptance of RFP 11-05-1550 for Brokerage Services for County Employee Benefits
There was a motion by Commissioner Amos and a second by Commissioner Levent to award RFP 11-05-1550 for Brokerage Services for County Employee Benefits to Northwestern Benefit in an amount not to exceed $60,000 and that this item be approved as time sensitive. Motion carried unanimously.
Acceptance of Bid 11-37-3150 for intersection improvements on State Route 9 and Bannister Road
There was a motion by Commissioner Bell and a second by Commissioner Boff to award Bid 11-37-3150 for intersection improvements on State Route 9 and Bannister Road to Martin Contracting in the amount of $253,356.40 with authorization for the County Manager to sign the contract and that this item be approved as time sensitive. Motion carried unanimously.
Microsoft Enterprise Agreement Software Maintenance and Support Annual Renewal for the Information Technology Department
There was a motion by Commissioner Amos and a second by Commissioner Levent to accept the Microsoft Enterprise Agreement Software Maintenance and Support Annual Renewal (Dell Marketing L.P.) for the Information Technology Department in the amount of $200,511.55 and that this item be approved as time sensitive. Motion carried unanimously.
Approval of Pictometry Imagery Contract and Flight Scheduling
There was a motion by Commissioner Boff and a second by Commissioner Bell to approve the Pictometry Imagery Contract and Flight Scheduling subject to approval by the County Attorney in an amount not to exceed $143,000. Motion carried unanimously.
Note: The County Manager advised the Board that this item will require budget transfers from other departments. The Budget Adjustment Resolution will be brought to the Board at a future meeting.
Discussion of potential modifications to the Unified Development Code
Sharon Farrell, Interim Principal Planner, came before the Board to present potential modifications to the Unified Development Code.
There was a motion by Commissioner Bell and a second by Commissioner Amos to instruct the Interim Director of Planning & Development to draft language for special events on Agricultural property. Motion carried unanimously.
There was a motion by Commissioner Amos and a second by Commissioner Bell to address the section of the Unified Development Code regarding accessory buildings. Motion carried unanimously.
There was a motion by Commissioner Bell and a second by Commissioner Levent to bring to a Public Hearing a modification to the Unified Development Code to propose a five (5) year variance with a five (5) year administrative renewal. Motion carried unanimously.
There was a motion by Commissioner Amos and a second by Commissioner Bell to bring to a Public Hearing proposed modifications to the Unified Development Code to address the Professional Home Office and to instruct staff to compare what is allowed in other counties. Motion carried unanimously.
Review of proposed zoning concept plan and zoning conditions associated with court-ordered rezoning of Lanier Golf Club
The County Attorney advised the Board that a proposed concept plan with respect to Lanier Golf along with performance standards is included in the agenda books for their review.
The Interim Director of Planning & Development met with the applicant to review the documents. Commissioner Bell advised the Board that he was in the meeting with Mr. Brown and the applicants and it was his understanding that a revised site plan and conditions would be submitted. No revisions have been submitted at this time.
Commissioner Levent requested a map be done to show the density of the area. The County Attorney stated that the map has already been ordered from the GIS Department.
Due to the revisions not being submitted, this item will be discussed at Thursday’s meeting.
Discussion of Forsyth County Health Department Space Needs Analysis and Request
Commissioner Amos advised the Board that a request has been received from the Health Department requesting a newer, larger building. The request is for a building that is 16,000 to 17,000 square feet. Their current building is 11,226 square feet.
David Thornton, Director of Public Facilities, advised the Board that the current Health Department building has a new roof and new HVAC system. There was a problem with a roof leak which has been resolved. It appears that since the facility was built in the 1980’s, it does not meet the clinical needs of today. The HVAC system is more suited for an office setting and the building does not have provisions for isolation to separate infectious patients in the waiting areas. He recommended that the first step be to assess the existing property, operations and conditions to assure the existing building is being utilized properly and to its fullest capabilities and/or identify possibilities for a facility expansion before considering other properties to lease or purchase. Mr. Thornton provided the Board with general information on six available properties in the area that are either for sale or lease. The Board requested the Director of Public Facilities to perform the recommended assessment and bring the information back to the Board. This item was postponed for 60 days.
Discussion of Planning Commission
There was a motion by Commissioner Amos and a second by Commissioner Bell to direct staff to begin the Public Hearing process to modify the Unified Development Code to suspend the Planning Commission until June 30, 2012 and that this item be approved as time sensitive. Motion carried with three members in favor (Tam, Bell and Amos) and two members in opposition (Boff and Levent).
Kelly Mill Road Waterlines Project
There was a motion by Commissioner Amos and a second by Commissioner Bell to pay one-half of the cost for the relocation of waterlines for the Kelly Mill Road Reclamation Project in an amount not to exceed $110,000 and that the funds are to come from the Contingency Fund. Motion carried unanimously.
Ethics Board request for modifications to the Ethics Ordinance
The County Attorney presented two proposed modifications to the Ethics Ordinance as requested by the Ethics Board. These changes address the regular and special meetings of the Board of Ethics.
There was a motion by Commissioner Bell and a second by Commissioner Amos to direct staff to bring to a Public Hearing the changes to the Ethics Ordinance as proposed by the Board of Ethics. Motion and second were withdrawn.
There was a motion by Commissioner Amos and a second by Commissioner Tam to direct staff to bring to a Public Hearing the proposed changes to the Ethics Ordinance as proposed by the Board of Ethics and to direct the County Attorney to draft language authorizing the county to pay attorney fees on behalf of county officials or employees if an ethics complaint is deemed frivolous by the Ethics Board or if the claim is dismissed. Motion carried unanimously.
Review of Forsyth County Animal Control Ordinance pertaining to vicious animals
There was a motion by Commissioner Bell and a second by Commissioner Amos to direct the County Attorney to bring back language providing that if a dog bites another domesticated animal it will be declared a dangerous dog. Motion carried unanimously.
Commissioner Amos recused himself from any discussion or votes on Item #19 (Acquisition contract between Forsyth County and Amy McCollum and JHA Investments, LLC) and Item #20 (Acquisition contract between Forsyth County and Mashburn Farms, LP) due to his wife’s family being the owners of the property involved in Item #20.
Acquisition contract between Forsyth County and Amy McCollum and JHA Investments, LLC
There was a motion by Commissioner Bell and a second by Commissioner Levent to approve the acquisition contract between Forsyth County and Amy McCollum and JHA Investments, LLC as presented by the County Attorney and that this item be approved as time sensitive. Motion carried with four members in favor (Tam, Bell, Boff and Levent) and one member abstaining (Amos).
Acquisition contract between Forsyth County and Mashburn Farms, LP
There was a motion by Commissioner Bell and a second by Commissioner Levent to approve the Agreement for Sale of Realty between Forsyth County and Mashburn Farms, LP as presented by the County Attorney and that this item be approved as time sensitive. Motion carried with four members in favor (Tam, Bell, Boff and Levent) and one member abstaining (Amos).
Discussion of Sewer Tap Fee Payment Plan
Chairman Tam brought this item before the Board. Currently there is a payment plan for customers who have exorbitant water bills or water leaks. There is not a payment plan in place for sewer tap-on fees. This can place a hardship on an individual whose septic system fails and they must connect to sewer. The payment plan would be for an individual – not bulk development. There was discussion regarding financing for a one year period with the lowest interest rate possible. The Director of Finance/Controller will research this and come back with a recommendation to the Board. This item will be placed on the next Work Session.
Proposed Settlement Agreement between Forsyth County and Pope & Land Union Hill, LP
The County Attorney advised the Board that he has reviewed the proposed agreement and it is not ready for Board action. There was a motion by Commissioner Bell and a second by Commissioner Amos to postpone this item to the Work Session of June 28, 2011. Motion carried unanimously.
There was a motion by Commissioner Bell and a second by Commissioner Amos to adjourn the Work Session and enter into Executive Session for the purposes of Litigation, Land Acquisition and Personnel. 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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BRIAN R. TAM, CHAIRMAN
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PATRICK B. BELL, VICE CHAIRMAN
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RALPH J. AMOS, SECRETARY
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JIM BOFF, MEMBER
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TODD LEVENT, MEMBER
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