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FORSYTH COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING
JULY 19, 2012
On Thursday, July 19, 2012 at 5:02 p.m., in the Commissioners’ Meeting Room of the Forsyth County Administration Building, the Forsyth County Board of Commissioners held a Regular Meeting with the following persons present: Jim Boff – Chairman, Patrick B. Bell – Vice Chairman, Todd Levent – Secretary, Ralph J. Amos – Member, Brian R. Tam – Member, Doug Derrer – County Manager, Tim Merritt – Deputy County Manager, Ken Jarrard – County Attorney and Sonya Bush – Clerk.
AGENDA
FORSYTH COUNTY BOARD OF COMMISSIONERS
THURSDAY, JULY 19, 2012 @ 5:00 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. Announcements and Reports
V. Public Comments
VI. Adoption of Minutes:
(1) Regular Meeting/Public Hearings and Executive Session of July 5, 2012
(2) Work Session and Executive Session of July 10, 2012
(3) Special Called Meeting of July 16, 2012
VII. Consent Agenda:
(1) Adoption of Resolutions authorizing Affidavits concerning Executive Sessions of July 5, 2012 and July 10, 2012.
(2) Acceptance of right of way as a county maintained road and initiation of 18 month maintenance period for Bluff Heights Drive, Allison Road and Carleen Court in The Vistas at Castleberry – Phase 2 with an established speed limit of 25 m.p.h. –District #3 – Director of Engineering.
(3) Ratification of Settlement Agreement and Release between Caroland Development, LLC and Forsyth County for reduction of soil and erosion fines for Provence in accordance with Exhibit D of the Forsyth County Board of Commissioners’ Resolution dated June 21, 2012 – Director of Engineering.
(4) Ratification of Settlement Agreement and Release between Waterford Bluff, LLC and Forsyth County for reduction of soil and erosion fines in accordance with Exhibit D of the Forsyth County Board of Commissioners’ Resolution dated June 21, 2012 – Director of Engineering.
(5) Ratification of annual agreement between the American Society of Composers, Authors and Publishers (ASCAP) and Forsyth County for a license to perform live entertainment or mechanical music publicly on the premises and at events and functions with authorization for the County Manager to execute agreement – County Manager.
(6) Ratification of annual agreement between Broadcast Music, Inc. (BMI) and Forsyth County for a license to perform live entertainment or mechanical music publicly on the premises and at events and functions with authorization for the County Manager to execute agreement – County Manager.
(7) Ratification of the following items that were discussed and unanimously approved at a Work Session held on July 10, 2012:
(A) Board adoption of a Resolution to reduce the current size of the Forsyth County Development Authority to seven members by dissolving the two (2) vacant seats - Commissioners Amos/Bell.
(B) Board approval to issue a tax refund for 2009 and 2010 to Martin Marietta Materials, Inc. - Chief Appraiser/County Attorney.
(C) Board adoption of a Resolution to amend the fiscal year 2012 budget for 2011 encumbrances (assigned fund balance) and committed fund balance (including the tree fund and topping bonds from 2011) – Director of Finance/CFO.
(D) Board authorization to proceed with advertising for Public Hearings to amend the Forsyth County Alcohol Ordinance regarding the alcohol license renewal process – Director of Planning & Community Development.
(E) Board approval of Local Public Road Acceptance Resolution accepting title and ownership of the property of Drew Road affected by the widening and reconstruction of the Bethelview Road Project – Project CSSTP-0009-00(316) – Director of Engineering.
(F) Board approval of contracts for Maintenance of Highways numbered 3570M, authorizing Resolution and Local State Route Acceptance Resolution for proposed State Highway System addition SR 1233 - widening & reconstruction to Bethelview Road, Project CSSTP-0009-00(316) – Director of Engineering.
VIII. Old Business:
None
IX. New Business:
(1) Rezoning requests: (Director of Planning & Community Development)
(A) Eastgate Church, ZA3588, A1 to CBD with a Conditional Use Permit for a 29,000 square foot worship facility with 197 parking spaces and a variance to the side yard buffer and side yard setback requirements and a variance to the rear yard buffer and rear yard setback requirements - (UDC Chapter 12, Table 12.1 and Table 12.2) – District #2.
(B) Danny Bennett, ZA3593, HB to A1 – District #3.
(2) Consideration of recommendation by the SPLOST VII Jail/Courthouse Project Team and Selection Committee to award Program Manager Services for the Jail/Courthouse Project to CGL (Carter Goble Lee, LLC) – County Manager.
(3) Adoption of 2012 Millage Rates for Maintenance & Operations (Net M&O Millage), Fire and Bond – Director of Finance/CFO.
(4) Adoption of Resolution to adopt the 2012 Millage Rate – Director of Finance/CFO.
(This agenda item will be taken up for consideration after the Forsyth County Board of Education establishes a millage rate at its 6:00 p.m. meeting and the results of that action are communicated to the Board of Commissioners. The necessity of receiving the Board of Education millage may give rise to a brief delay in considering this item).
X. Recess Regular Meeting
XI. Executive Session if Needed
XII. Adjournment
Chairman Boff recognized a quorum and called the meeting to order.
The Invocation and Pledge of Allegiance were given by Chairman Boff.
ADOPTION OF AGENDA
NEW BUSINESS
There was a motion by Commissioner Tam and a second by Commissioner Amos to postpone New Business, Item #1A (Eastgate Church, ZA3588, A1 to CBD with a Conditional Use Permit for a 29,000 square foot worship facility with 197 parking spaces and a variance to the side yard buffer and side yard setback requirements and a variance to the rear yard buffer and rear yard setback requirements - (UDC Chapter 12, Table 12.1 and Table 12.2) – District #2) to the Regular Meeting of August 16, 2012. Motion carried unanimously.
There was a motion by Commissioner Bell and a second by Commissioner Amos to adopt the agenda as amended. Motion carried unanimously.
UNDER ANNOUNCEMENTS AND REPORTS THE FOLLOWING ACTIONS WERE TAKEN:
Chairman Boff made the following announcement: This past Tuesday night I was in attendance at the Cumming City Hall meeting in the hopes that the binding agreement we have with the city regarding the water contract would be approved. Due partially to time constraints, no decision was reached on that agreement. Instead there was a so called rate study presented to the Mayor and the Council. According to this study both the city of Cumming and Forsyth County charge very close to the minimum of surrounding areas. Rather than taking a moment of solace that this may be a case of a job well done by the government in keeping costs low to rate payers, the consultant and the Mayor immediately began talking about doubling their water rate. It was even suggested by them that the county should also double its rate. To think that on the basis of a rate study alone one can begin to talk of raising rates is unbelievable and to associate the increase without reference to cost is unacceptable. The next main point about the water from the consultant is that somehow the city of Cumming is losing money on every gallon of finished water the city sells to the county. Since the county is the city’s largest customer, and since we pay the highest price for water, and since the city does not show a loss in its budget, this conclusion is at best unfounded. In any event, the Mayor concluded that the city would have to study the offer from the county and the new information from the consultant and to work to come to an agreement with the Board of Commissioners. I want to make it clear to anyone and everyone that the Mayor has already agreed to terms and should now accept what was previously agreed. I want to make it clear that since negotiations are already over, this Commissioner will go no further in negotiation, and expect the city to timely honor what it has already committed. I would also ask that all concerned citizens contact their State Delegations and legislators and insist that laws be passed so that municipalities and counties can no longer be left free to treat state water impounded by a federal dam as an individual gold mine.
UNDER PUBLIC COMMENTS THE FOLLOWING PERSONS ADDRESSED THE BOARD:
Brant Meadows
Hal Schneider
Rebecca Ricks
Dr. Joe Moses
UNDER ADOPTION OF MINUTES THE FOLLOWING ACTIONS WERE TAKEN:
Regular Meeting/Public Hearings & Executive Session of July 5, 2012
There was a motion by Commissioner Amos and a second by Commissioner Levent to adopt the minutes of the Regular Meeting/Public Hearings & Executive Session of July 5, 2012. Motion carried unanimously.
Work Session & Executive Session of July 10, 2012
There was a motion by Commissioner Levent and a second by Commissioner Amos to adopt the minutes of the Work Session & Executive Session of July 10, 2012. Motion carried unanimously.
Special Called Meeting of July 16, 2012
There was a motion by Commissioner Amos and a second by Commissioner Levent to adopt the minutes of the Special Called Meeting of July 16, 2012. Motion carried unanimously.
CONSENT AGENDA
There was a motion by Commissioner Amos and a second by Commissioner Tam to approve the Consent Agenda as follows:
Adoption of Resolutions authorizing Affidavits concerning Executive Sessions of July 5, 2012 and July 10, 2012.
Acceptance of right of way as a county maintained road and initiation of 18 month maintenance period for Bluff Heights Drive, Allison Road and Carleen Court in The Vistas at Castleberry – Phase 2 with an established speed limit of 25 m.p.h. – District #3 – Director of Engineering.
Ratification of Settlement Agreement and Release between Caroland Development, LLC and Forsyth County for reduction of soil and erosion fines for Provence in accordance with Exhibit D of the Forsyth County Board of Commissioners’ Resolution dated June 21, 2012 – Director of Engineering.
Ratification of Settlement Agreement and Release between Waterford Bluff, LLC and Forsyth County for reduction of soil and erosion fines in accordance with Exhibit D of the Forsyth County Board of Commissioners’ Resolution dated June 21, 2012 – Director of Engineering.
Ratification of annual agreement between the American Society of Composers, Authors and Publishers (ASCAP) and Forsyth County for a license to perform live entertainment or mechanical music publicly on the premises and at events and functions with authorization for the County Manager to execute agreement – County Manager.
Ratification of annual agreement between Broadcast Music, Inc. (BMI) and Forsyth County for a license to perform live entertainment or mechanical music publicly on the premises and at events and functions with authorization for the County Manager to execute agreement – County Manager.
Ratification of the following items that were discussed and unanimously approved at a Work Session held on July 10, 2012:
(A) Board adoption of a Resolution to reduce the current size of the Forsyth County Development Authority to seven members by dissolving the two (2) vacant seats - Commissioners Amos/Bell.
(B) Board approval to issue a tax refund for 2009 and 2010 to Martin Marietta Materials, Inc. - Chief Appraiser/County Attorney.
(C) Board adoption of a Resolution to amend the fiscal year 2012 budget for 2011 encumbrances (assigned fund balance) and committed fund balance (including the tree fund and topping bonds from 2011) – Director of Finance/CFO.
(D) Board authorization to proceed with advertising for Public Hearings to amend the Forsyth County Alcohol Ordinance regarding the alcohol license renewal process – Director of Planning & Community Development.
(E) Board approval of Local Public Road Acceptance Resolution accepting title and ownership of the property of Drew Road affected by the widening and reconstruction of the Bethelview Road Project – Project CSSTP-0009-00(316) – Director of Engineering.
(F) Board approval of contracts for Maintenance of Highways numbered 3570M, authorizing Resolution and Local State Route Acceptance Resolution for proposed State Highway System addition SR 1233 - widening & reconstruction to Bethelview Road, Project CSSTP-0009-00(316) – Director of Engineering.
Motion carried unanimously.
UNDER OLD BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:
None
UNDER NEW BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:
Danny Bennett, ZA3593, HB to A1 – District #3
There was a motion by Commissioner Levent and a second by Commissioner Bell to approve the rezoning request by Danny Bennett, ZA3593, HB to A1. Motion carried unanimously.
Consideration of recommendation by the SPLOST VII Jail/Courthouse Project Team and Selection Committee to award Program Manager Services for the Jail/Courthouse Project to CGL (Carter Goble Lee, LLC)
There was a motion by Commissioner Amos and a second by Commissioner Levent to approve the recommendation by the SPLOST VII Jail/Courthouse Project Team and Selection Committee to award Program Manager Services for the Jail/Courthouse Project to CGL (Carter Goble Lee, LLC). Motion carried unanimously.
Adoption of 2012 Millage Rates for Maintenance & Operations (Net M&O Millage), Fire and Bond
There was a motion by Commissioner Bell and a second by Commissioner Tam to adopt the Maintenance & Operations (Net M&O) Millage Rate of 4.812 Mills. Motion carried unanimously.
There was a motion by Commissioner Bell and a second by Commissioner Levent to adopt the Fire Millage Rate of 1.975 Mills. Motion carried unanimously.
There was a motion by Commissioner Bell and a second by Commissioner Tam to adopt the Bond Millage Rate of 0.869 Mills. Motion carried unanimously.
Adoption of Resolution to adopt the 2012 Millage Rate
The Director of Finance/CFO advised the Board that this agenda item will need to be taken up for consideration after the Forsyth County Board of Education establishes a millage rate at its 6:00 p.m. meeting and the results of that action are communicated to the Board of Commissioners.
There was a motion by Commissioner Bell and a second by Commissioner Levent to recess the Regular Meeting until 6:05 p.m. Motion carried unanimously.
The Board came out of recess and reconvened the Regular Meeting.
There was a motion by Commissioner Amos and a second by Commissioner Tam to adopt the Resolution to adopt the 2012 Millage Rate as presented by the Director of Finance/CFO (26.574 Mills). Motion carried unanimously.
There was a motion by Commissioner Amos and a second by Commissioner Tam to adjourn. 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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JIM BOFF, CHAIRMAN
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PATRICK B. BELL, VICE CHAIRMAN
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TODD LEVENT, SECRETARY
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RALPH J. AMOS, MEMBER
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BRIAN R. TAM, MEMBER
For detailed information concerning this meeting please reference the streaming video located on the Forsyth County Web site at www.forsythco.com.
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