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FORSYTH COUNTY BOARD OF COMMISSIONERS
CALLED MEETING/WORK SESSION
NOVEMBER 28, 2006
On Tuesday, November 28, 2006 at 2:41 p.m., in the Commissioners’ Conference Room of the Forsyth County Administration Building, the Forsyth County Board of Commissioners held a Called Meeting/Work Session with the following persons present: Jack Conway – Chairman, Brian R. Tam – Vice Chairman, Dr. Linda K. Ledbetter – Secretary, Charles Laughinghouse – Member, David W. Richard – Member, Jim Harrell – Commissioner Elect, Rhonda O’Connor – Interim County Manager, Ken Jarrard – County Attorney, Carol Haag – Aide to Chairman, Shawn Scott – Aide to Vice Chairman, Jeanne Marie Cowdrey – Aide to Secretary and Cindy Henderson – Deputy Clerk.
AGENDA
CALLED MEETING/WORK SESSION
FORSYTH COUNTY BOARD OF COMMISSIONERS
TUESDAY, NOVEMBER 28, 2006 @ 2:30 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) Surplus Property Resolution – Director of Fleet Maintenance.
(2) UPS dispute (Lee Technologies) – County Attorney/Interim Procurement Director.
(3) Acceptance of RFP #06-82-1600 for the upgrade to the video equipment in the Commissioners’ Meeting Room and Video Production Room – Interim Procurement Director.
(4) Approval of Settlement Agreement between Wildcat Springs, LLLP; Creekstone Village, LLC; Forsyth County, Georgia; and High Pointe Capital, LLC and Deed of Abandonment between Forsyth County, Georgia and Creekstone Village, LLC – County Attorney.
(5) Forsyth County and Fulton County Intergovernmental Agreement for the Provision of Water, Reuse Water, and Sewer Services to the Manor Golf and Country Club – County Attorney.
(6) Cousins Sewer Reservation Agreement – County Attorney.
(7) Shiloh/Union Hill Cost Share Agreement – County Attorney.
(8) Appointments to the Development Authority Board – Chairman Conway.
(9) Water Rates and Water Usage Policy – Commissioner Laughinghouse.
(10) Presentation on aspects of the revised Impact Fee Program – Impact Fee Administrator.
V. Recess Called Meeting/Work Session
VI. Executive Session if Needed
VII. Adjournment
The Chairman recognized a quorum and called the meeting to order.
Invocation and Pledge of Allegiance were given by Commissioner Laughinghouse.
ADOPTION OF AGENDA
Rhonda O’Connor, Interim County Manager, requested to add as new Item #4 (Mary Alice Park).
Ken Jarrard, County Attorney, requested to move the original Item #4 (Approval of Settlement Agreement between Wildcat Springs, LLLP; Creekstone Village, LLC; Forsyth County, Georgia; and High Pointe Capital, LLC and Deed of Abandonment between Forsyth County, Georgia and Creekstone Village, LLC) to the end of the agenda.
Chairman Conway requested to move Item #9 (Water Rates and Water Usage Policy) to after Item #4.
There was a motion by Commissioner Tam and a second by Commissioner Laughinghouse to adopt the agenda as amended. Motion carried unanimously.
UNDER ITEMS FOR CONSIDERATION AND DISCUSSION THE FOLLOWING ACTIONS WERE TAKEN:
Surplus Property Resolution
There was a motion by Commissioner Laughinghouse and a second by Commissioner Ledbetter to adopt the Surplus Property Resolution and that this item be placed on the next Consent Agenda. Motion carried unanimously.
UPS Dispute (Lee Technologies)
This item involves a letter of protest from Lee Technologies regarding RFP# 06-56-1540. At the Called Meeting/Work Session held on November 14, 2006, the Board requested that the Interim Procurement Director confirm that the UPS that we would receive is “field upgradeable” as the letter from Lee Technologies indicated that it was not. The Interim Procurement Director reported back to the Board that the UPS system can be field upgraded. There was a motion by Commissioner Laughinghouse and a second by Commissioner Ledbetter to direct the County Attorney to send a letter to Lee Technologies advising that the Board has considered their request for the Board to reconsider the bid/proposal process and the Board is comfortable with who was selected. Motion carried unanimously.
Acceptance of RFP# 06-82-1600 for the upgrade to the video equipment in the Commissioners’ Meeting Room and Video Production Room
There was a motion by Commissioner Ledbetter and a second by Commissioner Laughinghouse to award RFP# 06-82-1600 for the upgrade to the video equipment in the Commissioners’ Meeting Room and Video Production Room to Comprehensive Technical Group (CTG) for Standard Definition in the amount of $267,867 and that this item be placed on the next Consent Agenda. Motion carried unanimously.
Water Rates and Water Usage Policy
At the Called Meeting/Work Session held on November 14, 2006, the Board voted to cap at $300 the water portion of bills sent since the implementation of the new tiered rate system and through October 31, 2006. Commissioner Laughinghouse requested the Board to consider offering relief on the sewer rates. There was a motion by Commissioner Ledbetter and a second by Commissioner Richard to adjust the sewer portion of residential bills to match the consumption of the adjusted water portion of the bill and to place this item on the next Consent Agenda. Motion carried unanimously.
Mary Alice Park
Ken Jarrard, County Attorney, came before the Board to advise the Board that the Corps of Engineers has requested the County to issue a preliminary letter of approval for the City to annex Mary Alice Park. A draft letter was presented to the Board for their consideration. There was a motion by Commissioner Ledbetter and a second by Commissioner Tam to sign a letter of support to allow the City of Cumming to annex Mary Alice Park and that this item be placed on the next Consent Agenda. Motion carried unanimously.
Forsyth County and Fulton County Intergovernmental Agreement for the Provision of Water, Reuse Water and Sewer Services to the Manor Golf and Country Club
Ken Jarrard, County Attorney, came before the Board to discuss the Intergovernmental Agreement for the provision of Water, Reuse Water and Sewer Services to the Manor Golf and Country Club. This agreement was previously approved by the Board. The version previously considered by the Board contained some language that would have allowed the County to have sold sewer within the City of Milton. This provision is no longer acceptable. The agreement being presented today states that Forsyth County will not provide any sewer treatment capacity to any customer(s) requesting such capacity located in Fulton County beyond those customers in The Manor Golf and County Club. There was a motion by Commissioner Ledbetter and a second by Commissioner Richard to accept the modification as presented and to place this item on the next Consent Agenda. Motion carried unanimously.
Cousins Sewer Reservation Agreement
Ken Jarrard, County Attorney, came before the Board to discuss the Cousins Sewer Reservation Agreement. A proposed agreement was presented to the Board for their review. The contract provides that the County will supply materials for the sewer line, that the County will reimburse Cousins for the easements for the line and that Cousins will receive a reduced tap fee. There was a motion by Commissioner Tam and a second by Commissioner Ledbetter to approve the agreement as presented subject to approval by the County Attorney and that this item be placed on the next Consent Agenda. Motion and second were withdrawn. After further discussion, the Board directed the County Attorney and a representative of Cousins Properties work on the standard sewer reservation agreement to draft mutually acceptable language consistent with the spirit of the discussion and to bring it back to the Board at the Called Meeting/Work Session of December 12.
Shiloh/Union Hill Cost Share Agreement
Ken Jarrard, County Attorney and Tim Perkins, Director of Water & Sewer came before the Board to discuss the Shiloh/Union Hill Cost Share Agreement. This agreement involves several developers getting together to upsize infrastructure to meet the demands. The County has little involvement in this agreement. All the County is providing with respect to this Cost Share Agreement is a sewer tap reduction back to $4,050 per tap. The cost sharing ratios are set forth in Paragraph 5 of the agreement. If the developers don’t build the lines the County has the right, but not the obligation, to step in and continue building it. If they don’t build the line, the sewer tap fees reduction goes away. There was discussion regarding the need to tie onto our force main. The force main would have to be upsized. There was no action taken on this item.
Appointments to the Development Authority Board
This item involves the five (5) vacant positions on the Development Authority. The following names were presented for consideration: Jerry Blankenship, Joanne Tolleson, Tim Perry, Bobby Thomas, Andy Walker, Pam Sessions, Jay Land, Tim Heard, Connie Smith, Cindy J. Mills, Tony Demaria and Marie Dinsmore. Each Board member reviewed the list of proposed names and the following received the majority of votes: Jerry Blankenship, Bobby Thomas, Joanne Tolleson, Tim Perry and Pam Sessions.
There was a motion by Commissioner Ledbetter and a second by Commissioner Tam to appoint the five people who received the majority of votes to the Development Authority Board.
The County Attorney requested that there be an individual vote on each person who was believed to have received the majority of votes.
Motion and second were withdrawn.
There was a motion by Commissioner Ledbetter and a second by Commissioner Laughinghouse to appoint Joanne Tolleson as a member to the Development Authority Board. Motion carried unanimously.
There was a motion by Commissioner Laughinghouse and a second by Commissioner Ledbetter to appoint Jerry Blankenship as a member to the Development Authority Board. Motion carried with three members in favor (Conway, Ledbetter and Laughinghouse) and two members in opposition (Tam and Richard).
There was a motion by Commissioner Ledbetter and a second by Commissioner Tam to appoint Bobby Thomas as a member to the Development Authority Board. Motion carried with three members in favor (Conway, Tam and Ledbetter) and two members in opposition (Laughinghouse and Richard).
There was a motion by Commissioner Ledbetter and a second by Commissioner Laughinghouse to appoint Tim Perry as a member to the Development Authority Board. Motion carried with four members in favor (Conway, Tam, Ledbetter and Laughinghouse) and one member in opposition (Richard).
There was a motion by Commissioner Tam and a second by Commissioner Ledbetter to appoint Pam Sessions as a member to the Development Authority Board. Motion carried with three members in favor (Conway, Tam and Ledbetter) and two members in opposition (Laughinghouse and Richard).
Note: The terms of Joanne Tolleson and Tim Perry will be for the longest periods since they received the most votes.
These appointments will be placed on the next Consent Agenda.
Presentation on aspects of the revised Impact Fee Program
Rhonda O’Connor, Interim County Manager, requested to delay this presentation in order to allow time for a more comprehensive review. This item will be placed on the Called Meeting/Work Session of December 12, 2006.
The Board took a recess.
The Board came out of recess and reconvened the Called Meeting/Work Session.
Approval of Settlement Agreement between Wildcat Springs, LLLP; Creekstone Village, LLC; Forsyth County, Georgia; and High Pointe Capital, LLC and Deed of Abandonment between Forsyth County, Georgia and Creekstone Village, LLC
There was a motion by Commissioner Tam and a second by Commissioner Laughinghouse to approve the Settlement Agreement as presented and to reauthorize the conveyance of the abandoned property to Creekstone Village and that this item be placed on the next Consent Agenda. Motion carried unanimously.
There was a motion by Commissioner Ledbetter 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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JACK CONWAY, CHAIRMAN
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BRIAN R. TAM, VICE CHAIRMAN
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DR. LINDA K. LEDBETTER, SECRETARY
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CHARLES LAUGHINGHOUSE, MEMBER
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DAVID W. RICHARD, MEMBER
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