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FORSYTH COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING/PUBLIC HEARINGS
AUGUST 16, 2012
On Thursday, August 16, 2012 at 5:00 p.m., in the Commissioners’ Meeting Room of the Forsyth County Administration Building, the Forsyth County Board of Commissioners held a Regular Meeting/Public Hearings with the following persons present: Jim Boff – Chairman, Patrick B. Bell – Vice Chairman, Todd Levent – Secretary, Doug Derrer – County Manager, Tim Merritt – Deputy County Manager, Ken Jarrard – County Attorney and Sonya Bush – Clerk.
Commissioner Amos and Commissioner Tam were absent during this portion of the meeting.
AGENDA
FORSYTH COUNTY BOARD OF COMMISSIONERS
THURSDAY, AUGUST 16, 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 August 2, 2012
(2) Work Session and Executive Session of August 7, 2012
VII. Consent Agenda:
(1) Adoption of Resolutions authorizing Affidavits concerning Executive Sessions of August 2, 2012 and August 7, 2012.
(2) Renewal of the Odyssey Court Administration Software Maintenance and Support Services Agreement with Tyler Technologies for the IS&T Department – Procurement Director.
(Previously approved 06/21/12 pending legal review).
(3) Approval of Release and Waiver Agreement between Pamela Couch and Forsyth County with authorization for the County Manager to sign – Director of Personnel Services.
(4) Ratification of Settlement Agreement and Release between RES-GA Southern Plantation, LLC and Forsyth County for reduction of soil and erosion fines for Charleston Park in accordance with Exhibit D of the Forsyth County Board of Commissioners’ Resolution dated June 21, 2012 – Director of Engineering.
(5) Adoption of Resolution proclaiming September 3-7, 2012 as Civic Participation Week in Forsyth County, Georgia – Commissioners Boff/Bell.
(6) Ratification of the following items that were discussed and unanimously approved at a Work Session held on August 7, 2012:
(A) Board approval of proposed Civil Service Board procedure change regarding an Alternate Member – County Attorney/Civil Service Board Clerk.
(B) Board approval of Bid 12-46-3404 for qualified vendors to accept recycled goods from Forsyth County Convenience Centers – Procurement Director.
(C) Board approval of Bid 12-51-2410 for the construction of Fire Station #3 – Procurement Director.
(D) Board approval of an Intergovernmental Agreement (IGA) between Forsyth County and Cobb County for a merger of the 800 Digital Radio Systems –Director of Information Systems & Technology Department.
(E) Board approval of changes to the classification of Director of Senior Services (0417) –primary change is moving the position from civil service to an “at will” position appointed by the County Manager – Director of Personnel Services.
(F) Board approval of Limited Right of Access Agreement between The Dunn Family Partnership, LLLP and Forsyth County – Deputy County Manager.
(7) Waterscape v. Settendown (possible intervention by Forsyth County) – Board authorization for the County Attorney to issue a communication to the Court setting forth the County’s position regarding County support for the tripartite agreement and the validity of same as a means of settling/resolving the litigation as it pertains to the County – County Attorney.
(8) Forsyth County v. Bennett – Board authorization to engage in settlement negotiations as to all disputed issues involving Kelly Mill Road right of way (specific terms to be returned in a settlement document for Board ratification) or to otherwise initiate a declaratory judgment/quiet title litigation. Final filing of declaratory judgment/quiet title action has been set and rescheduled, and now will be temporarily held in abeyance until settlement negotiations are deemed unsuccessful – County Attorney.
VIII. Public Hearings:
(1) Consideration of the 2011 Impact Fee Capital Improvements Element Update (Annual Financial Report and Schedule of Improvements) and the Short Term Work Program Update of the Forsyth County Comprehensive Plan and adoption of a Resolution of Submittal to the Georgia Mountains Regional Commission – Assistant Director of Finance.
(2) First reading of proposed modifications to the Forsyth County Alcohol Ordinance (Ordinance #68) to implement regulations regarding wine tastings – County Attorney.
(3) Resolution Enacting a Limited (90 day) Moratorium on Exclusion of Easements in Lot Size Calculations – County Attorney/Director of Planning & Community Development.
IX. Old Business:
(1) Local Option Sales Tax (LOST) Renegotiation Update – County Manager.
(2) Rezoning request: (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.
(Postponed from 07/19/12 Agenda).
(3) Consideration of tied vote taken at the August 2, 2012 regular meeting regarding a Resolution establishing the Secondary Metals Recycler Registration Fee - the motion is as follows:
There was a motion by Commissioner Bell and a second by Commissioner Levent to withdraw this item from the agenda. Motion tied with two members in favor (Bell and Levent), two members in opposition (Boff and Amos) and one member absent (Tam).
(4) Consideration of tied vote taken at the August 2, 2012 regular meeting regarding an Administrative Hearing in reference to citations to the Forsyth County Alcohol Ordinance for John H. Dow, Named Licensee, Dow Petroleum Corp, d/b/a Cumming Texaco located @ 720 Atlanta Highway (District #1) – the motion is as follows:
There was a motion by Commissioner Amos and a second by Commissioner Boff to suspend the Alcohol License for John H. Dow, Named Licensee, Dow Petroleum Corp. d/b/a Cumming Texaco located @ 720 Atlanta Highway for eight (8) days in two (2) day blocks. Motion tied with two members in favor (Boff and Amos), two members in opposition (Bell and Levent) and one member absent (Tam).
X. New Business:
(1) Rezoning request: (Director of Planning & Community Development)
(A) David Chumley, CP120004, issuance of a Conditional Use Permit for the purpose of constructing a 2000 square foot church building on property currently zoned A1 with variances to the front yard setback (UDC Chapter 15-2.3, Table 15.2); side yard buffer (UDC Chapter 15, Table 15.1, Note 3); and a variance to the sewer distance requirements (UDC Chapter 18-5.18 (A)(B)) – District #4.
(2) Ad Valorem Tax Exemption on Inventory and Related Referendum (Re: HB48) – Commissioners Bell/Levent.
(Previously discussed at a Work Session held on August 7, 2012).
XI. Recess Regular Meeting
XII. Executive Session if Needed
XIII. Adjournment
Chairman Boff recognized a quorum and called the meeting to order.
The Invocation and Pledge of Allegiance were given by Chairman Boff.
Commissioner Amos and Commissioner Tam arrived at the meeting.
ADOPTION OF AGENDA
CONSENT AGENDA
There was a motion by Commissioner Bell and a second by Commissioner Levent to move Consent Agenda, Item #6D (Board approval of an Intergovernmental Agreement (IGA) between Forsyth County and Cobb County for a merger of the 800 Digital Radio Systems) to New Business, Item #1. Motion carried unanimously.
OLD BUSINESS
There was a motion by Commissioner Tam and a second by Commissioner Amos to postpone Old Business, Item #2A (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/Public Hearings of September 6, 2012 at the request of the applicant. Motion carried unanimously.
NEW BUSINESS
There was a motion by Commissioner Amos and a second by Commissioner Tam to postpone New Business, Item #1A (David Chumley, CP120004, issuance of a Conditional Use Permit for the purpose of constructing a 2000 square foot church building on property currently zoned A1 with variances to the front yard setback (UDC Chapter 15-2.3, Table 15.2); side yard buffer (UDC Chapter 15, Table 15.1, Note 3); and a variance to the sewer distance requirements (UDC Chapter 18-5.18 (A)(B)) – District #4) to the Regular Meeting/Public Hearings of September 6, 2012. Motion carried unanimously.
There was a motion by Commissioner Tam and a second by Commissioner Bell to add New Business, Item #3 (Resolution authorizing payment of a $100 per diem to alternate and temporary members of the Civil Service Board) 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 Tam to add New Business, Item #4 (First Amendment to the Intergovernmental Agreement to conduct elections for and with the City of Cumming) 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 Tam to add New Business, Item #5 (Old Atlanta Recreation Center License Agreement) 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 Tam to add New Business, Item #6 (Service Agreement relating to the design, construction, operation and maintenance of a water reclamation facility, Amendment Number 2, between Forsyth County, Georgia & AECOM Technical Services, Inc.) as a time sensitive item at the request of the County Attorney. Motion carried unanimously.
There was a motion by Commissioner Tam and a second by Commissioner Amos to add New Business, Item #7 (Resolution enacting a limited moratorium on application of a fifty (50) foot undisturbed buffer from residentially used or zoned property for churches, temples, synagogues, and places of worship, and accessory uses thereto) as a time sensitive item at the request of the County Attorney. Motion carried unanimously.
There was a motion by Commissioner Levent 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 read into the record and presented a Resolution proclaiming September 3-7, 2012 as Civic Participation Week in Forsyth County.
UNDER PUBLIC COMMENTS THE FOLLOWING PERSONS ADDRESSED THE BOARD:
None
UNDER ADOPTION OF MINUTES THE FOLLOWING ACTIONS WERE TAKEN:
Regular Meeting/Public Hearings & Executive Session of August 2, 2012
There was a motion by Commissioner Bell and a second by Commissioner Amos to adopt the minutes of the Regular Meeting/Public Hearings & Executive Session of August 2, 2012. Motion carried unanimously.
Work Session & Executive Session of August 7, 2012
There was a motion by Commissioner Bell and a second by Commissioner Levent to adopt the minutes of the Work Session & Executive Session of August 7, 2012. Motion carried unanimously.
CONSENT AGENDA
There was a motion by Commissioner Bell and a second by Commissioner Amos to approve the Consent Agenda as follows:
Adoption of Resolutions authorizing Affidavits concerning Executive Sessions of August 2, 2012 and August 7, 2012.
Renewal of the Odyssey Court Administration Software Maintenance and Support Services Agreement with Tyler Technologies for the IS&T Department – Procurement Director.
(Previously approved 06/21/12 pending legal review).
Approval of Release and Waiver Agreement between Pamela Couch and Forsyth County with authorization for the County Manager to sign – Director of Personnel Services.
Ratification of Settlement Agreement and Release between RES-GA Southern Plantation, LLC and Forsyth County for reduction of soil and erosion fines for Charleston Park in accordance with Exhibit D of the Forsyth County Board of Commissioners’ Resolution dated June 21, 2012 – Director of Engineering.
Adoption of Resolution proclaiming September 3-7, 2012 as Civic Participation Week in Forsyth County, Georgia – Commissioners Boff/Bell.
Ratification of the following items that were discussed and unanimously approved at a Work Session held on August 7, 2012:
(A) Board approval of proposed Civil Service Board procedure change regarding an Alternate Member –County Attorney/Civil Service Board Clerk.
(B) Board approval of Bid 12-46-3404 for qualified vendors to accept recycled goods from Forsyth County Convenience Centers – Procurement Director.
(C) Board approval of Bid 12-51-2410 for the construction of Fire Station #3 – Procurement Director.
(D) Board approval of changes to the classification of Director of Senior Services (0417) –primary change is moving the position from civil service to an “at will” position appointed by the County Manager – Director of Personnel Services.
(E) Board approval of Limited Right of Access Agreement between The Dunn Family Partnership, LLLP and Forsyth County – Deputy County Manager.
Waterscape v. Settendown (possible intervention by Forsyth County) – Board authorization for the County Attorney to issue a communication to the Court setting forth the County’s position regarding County support for the tripartite agreement and the validity of same as a means of settling/resolving the litigation as it pertains to the County – County Attorney.
Forsyth County v. Bennett – Board authorization to engage in settlement negotiations as to all disputed issues involving Kelly Mill Road right of way (specific terms to be returned in a settlement document for Board ratification) or to otherwise initiate a declaratory judgment/quiet title litigation. Final filing of declaratory judgment/quiet title action has been set and rescheduled, and now will be temporarily held in abeyance until settlement negotiations are deemed unsuccessful – County Attorney.
Motion carried unanimously.
UNDER PUBLIC HEARINGS THE FOLLOWING ACTIONS WERE TAKEN:
Consideration of the 2011 Impact Fee Capital Improvements Element Update (Annual Financial Report and Schedule of Improvements) and the Short Term Work Program Update of the Forsyth County Comprehensive Plan and adoption of a Resolution of Submittal to the Georgia Mountains Regional Commission
There was a motion by Commissioner Amos and a second by Commissioner Tam to open the Public Hearing. Motion carried unanimously.
No one spoke in favor or opposition.
There was a motion by Commissioner Amos and a second by Commissioner Tam to close the Public Hearing. Motion carried unanimously.
There was a motion by Commissioner Tam and a second by Commissioner Amos to adopt the Resolution of Transmittal to the Georgia Mountains Regional Commission. Motion carried unanimously.
First reading of proposed modifications to the Forsyth County Alcohol Ordinance (Ordinance #68) to implement regulations regarding wine tastings
There was a motion by Commissioner Tam and a second by Commissioner Amos to open the Public Hearing. Motion carried unanimously.
Speaking in favor:
Amy Moreau
Kirk Wintersteen
Speaking in opposition:
None
There was a motion by Commissioner Amos and a second by Commissioner Tam to close the Public Hearing. Motion carried unanimously.
This item requires a second Public Hearing which will be held on Thursday, September 6, 2012.
Resolution Enacting a Limited (90 day) Moratorium on Exclusion of Easements in Lot Size Calculations
There was a motion by Commissioner Bell and a second by Commissioner Levent to open the Public Hearing. Motion carried unanimously.
Speaking in favor:
Ethan Underwood
Speaking in opposition:
None
There was a motion by Commissioner Bell and a second by Commissioner Amos to close the Public Hearing. Motion carried unanimously.
There was a motion by Commissioner Bell and a second by Commissioner Levent to approve the Resolution enacting a limited (90 day) moratorium on exclusion of easements in lot size calculations. Motion carried unanimously.
UNDER OLD BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:
Local Option Sales Tax (LOST) Renegotiation Update
The County Manager provided the Board with the Local Option Sales Tax (LOST) Renegotiation update. The County Manager reviewed the schedule for renegotiations, a summary of meetings held and Service Delivery Budgeted Costs.
There was a motion by Commissioner Bell and a second by Commissioner Amos to authorize the County Attorney to set up a mediation protocol. Motion carried unanimously.
This item will be added to the Work Session agenda of August 28, 2012 for discussion.
UNDER NEW BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:
Consideration of tied vote taken at the August 2, 2012 regular meeting regarding a Resolution establishing the Secondary Metals Recycler Registration Fee - the motion is as follows:
There was a motion by Commissioner Bell and a second by Commissioner Levent to withdraw this item from the agenda. Motion tied with two members in favor (Bell and Levent), two members in opposition (Boff and Amos) and one member absent (Tam).
The County Attorney advised the Board that Commissioner Bell and Commissioner Levent previously voted in favor of the motion and Commissioner Boff and Commissioner Amos previously voted against the motion. He requested the four Commissioners who had previously voted to push the appropriate buttons to reflect their votes on the motion. He then requested Commissioner Tam to vote in order to break the tie.
Motion failed due to lack of a majority vote with two members in favor (Bell and Levent) and three members in opposition (Boff, Amos and Tam).
There was a motion by Commissioner Levent and a second by Commissioner Bell to postpone this item to the Work Session of August 28, 2012. Motion carried unanimously.
Note: The County Attorney will invite the Sheriff to attend the Work Session to address the Board regarding this item.
Consideration of tied vote taken at the August 2, 2012 regular meeting regarding an Administrative Hearing in reference to citations to the Forsyth County Alcohol Ordinance for John H. Dow, Named Licensee, Dow Petroleum Corp, d/b/a Cumming Texaco located @ 720 Atlanta Highway (District #1) – the motion is as follows:
There was a motion by Commissioner Amos and a second by Commissioner Boff to suspend the Alcohol License for John H. Dow, Named Licensee, Dow Petroleum Corp. d/b/a Cumming Texaco located @ 720 Atlanta Highway for eight (8) days in two (2) day blocks. Motion tied with two members in favor (Boff and Amos), two members in opposition (Bell and Levent) and one member absent (Tam).
The County Attorney advised the Board that Commissioner Boff and Commissioner Amos previously voted in favor of the motion and Commissioner Bell and Commissioner Levent previously voted against the motion. He requested the four Commissioners who had previously voted to push the appropriate buttons to reflect their votes on the motion. He then requested Commissioner Tam to vote in order to break the tie.
Motion carried with three members in favor (Boff, Amos and Tam) and two members in opposition (Bell and Levent).
Vice Chairman Bell requested the County Attorney to consider adding to the next amendment to the Alcohol Ordinance that split day suspensions are not allowed.
Board approval of an Intergovernmental Agreement (IGA) between Forsyth County and Cobb County for a merger of the 800 Digital Radio Systems
There was a motion by Commissioner Amos and a second by Commissioner Tam to adopt the Intergovernmental Agreement (IGA) between Forsyth County and Cobb County for a merger of the 800 Digital Radio Systems as presented in the agenda books. Motion carried unanimously.
Ad Valorem Tax Exemption on Inventory and Related Referendum (Re: HB48)
This item was previously discussed at the Work Session held on August 7, 2012. During that meeting the County Attorney, after speaking with the Elections Supervisor, provided the Board guidance that there was time to adopt a Resolution to request that the Board of Elections & Registrations call for a Special Election on November 6, 2012 to authorize, if approved by the voters, the Level 2 Freeport Exemption. After further research, the County Attorney determined that for this special election, that runs coterminous with a General Election, there has to be 90 days by the call by the Board of Elections & Registrations to the actual vote. Therefore, the time requirement cannot be met. He advised the Board that the 90 day requirement is not the case if it is a stand-alone special election. A stand-alone special election only requires 29 days.
The County Attorney provided the Board with a proposed Resolution that would request the Board of Elections and Registrations to call for a special election on March 19, 2013. There was no action taken.
Resolution authorizing payment of a $100 per diem to alternate and temporary members of the Civil Service Board
There was a motion by Commissioner Levent and a second by Commissioner Bell to adopt the Resolution authorizing payment of a $100 per diem to alternate and temporary members of the Civil Service Board. Motion carried unanimously.
Commissioner Tam left the meeting.
Commissioner Tam returned to the meeting.
First Amendment to the Intergovernmental Agreement to conduct elections for and with the City of Cumming
There was a motion by Commissioner Amos and a second by Commissioner Tam to approve the First Amendment to the Intergovernmental Agreement to conduct elections for and with the City of Cumming. Motion carried with four members in favor (Bell, Levent, Amos and Tam) and one member in opposition (Boff).
Note: The County Attorney advised the Board that the First Amendment to the Intergovernmental Agreement will now be sent to the City of Cumming and Board of Elections & Registrations for their approval.
Old Atlanta Recreation Center License Agreement
This item was previously proposed as an Intergovernmental Agreement between Forsyth County and the Board of Education. The Board of Education declined to enter into the IGA. The County Attorney advised the Board that this proposed agreement has been modified so that the agreement would be between Forsyth County, Georgia and the individual students. The parent or guardian would need to sign the agreement on behalf of the student.
Vice Chairman Bell suggested that the last sentence of Item 1(a) be amended to read: The Premises and Parking Space shall only be accessible for exclusive use under this Agreement between the hours of 6 a.m. to 6 p.m. on school days during the Term (“Use Period”).
Vice Chairman Bell suggested that Item 1(e) be clarified that if the license is revoked that there is no refund.
There was discussion regarding adding a clause that the Licensee shall be subject to all pertinent rules of the Forsyth County Board of Education and any violation of those rules shall result in immediate termination of the license.
This agreement will also need to be reviewed by the Parks & Recreation Board.
The Board directed the County Manager to contact the school system regarding their waiting list.
There was a motion by Commissioner Tam and a second by Commissioner Levent to adopt the Old Atlanta Recreation Center License Agreement as amended by changing Paragraph 1(a) to change the term “weekdays” to “school day”; modify Paragraph 1(e) to add that there will be no refunds in the event of license cancellation and an additional paragraph that states that the Licensee further agrees to comply with all rules, regulations and policies of the Forsyth County Board of Education and a reported and verifiable violation of any such rules will result in immediate termination of the license. Motion carried with four members in favor (Bell, Levent, Amos and Tam) and one member in opposition (Boff).
Service Agreement relating to the design, construction, operation and maintenance of a water reclamation facility, Amendment Number 2, between Forsyth County, Georgia & AECOM Technical Services, Inc.
There was a motion by Commissioner Amos and a second by Commissioner Levent to approve the Service Agreement relating to the design, construction, operation and maintenance of a water reclamation facility, Amendment Number 2, between Forsyth County, Georgia & AECOM Technical Services, Inc. as presented. Motion carried with four members in favor (Boff, Levent, Amos and Tam) and one member in opposition (Bell).
Resolution enacting a limited moratorium on application of a fifty (50) foot undisturbed buffer from residentially used or zoned property for churches, temples, synagogues, and places of worship, and accessory uses thereto
There was a motion by Commissioner Bell and a second by Commissioner Tam to approve the Resolution enacting a limited moratorium on application of a fifty (50) foot undisturbed buffer from residentially used or zoned property for churches, temples, synagogues, and places of worship, and accessory uses thereto. Motion carried unanimously.
There was a motion by Commissioner Amos and a second by Commissioner Levent to recess the Regular Meeting and enter into Executive Session for the purposes of Litigation, Land Acquisition and Personnel. Motion carried unanimously.
The Board came out of recess and reconvened the Regular Meeting with three members present (Boff, Amos and Tam).
There was a motion by Commissioner Amos and a second by Commissioner Tam to adjourn. Motion carried with three members in favor (Boff, Amos and Tam) and two members absent (Bell and Levent).
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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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