Copyright 2021 by Forsyth County, Georgia

Forsyth County Meetings

Adopted Board of Commissioners meeting minutes in a searchable format are available through the MCCi Online Library (click here for link).

Board of Commissioners 2021 Meeting Schedule (click here for link).

Archived meeting videos can be viewed online (click here for link).

Tuesday, September 7, 2021 2:00 PM

Board of Commissioners - Work Session

Administration Building 110 E Main Street Cumming, GA 30005
Meeting Video
  
Documents
PUBLIC NOTICE

The Forsyth County Board of Commissioners will hold its Work Session on Tuesday, September 7, 2021, at 2 p.m. in the Commissioners’ Meeting Room, Suite 220, in the Forsyth County Administration Building located at 110 East Main Street, Cumming, Georgia 30040.

The public may attend this meeting in person, but – due to COVID19 concerns – we encourage remote viewing. Please visit the Forsyth County Government webpage, www.forsythco.com, for updates regarding options for remote viewing.

Forsyth County is committed to providing all persons with equal access to its services, programs, activities, education and employment regardless of race, color, national origin, religion, sex, familial status, disability or age. Persons with special needs relating to handicapped accessibility or foreign language may contact the Title VI Coordinator at (770) 781-2101 a minimum of 48 hours prior to the meeting date/time. The Title VI Coordinator is located at 110 East Main Street, Suite 255, Cumming, Georgia between the hours of 8:30 a.m. and 5 p.m., Monday through Friday, except holidays. Persons with hearing disabilities can contact us using the Georgia Relay Service, at (TDD) 1(800) 255-0056 or (Voice) 1(800) 255-0135 and asking to connect to (770) 781-2101.

09/03/2021

THE FORSYTH COUNTY BOARD OF COMMISSIONERS WORK SESSION ON SEPTEMBER 7, 2021, AT 2:00 P.M. SHALL BE VIA IN-PERSON ASSEMBLY OF THE BOARD.

While the public may attend the meeting in-person, information regarding remote streaming opportunities is available at www.forsythco.com

REVISED

AGENDA
WORK SESSION
FORSYTH COUNTY BOARD OF COMMISSIONERS
TUESDAY, SEPTEMBER 7, 2021 AT 2:00 PM
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. Items for Consideration and Discussion

(1) Board consideration and approval to declare list of items as surplus with authorization for the Department of Procurement to dispose of accordingly - Director, Department of Procurement

(2) Board consideration and approval of a Change Order with NOVA Engineering and Environmental for Construction and Special Inspection Testing of the Juvenile Justice Center. Staff Recommendation: approve the Change Order with NOVA Engineering and Environmental to complete the material testing and inspections in the amount of $12,155.00; Capital Budget Juvenile Justice Center - Director, Department of Procurement

(3) Board consideration and approval of a Change Order with Vertical Earth to add 54-inch casing (open-cut) for the 36-inch waterline to the SR 369 Widening Project. Staff Recommendation: approve the Change Order with Vertical Earth to add 54-inch casing (open-cut) in the amount of $668,909.20; funding from Project Contingency. Staff requests this Item be considered on a "Time Sensitive" basis - Director, Department of Procurement

(4) Board consideration ad approval to award Bid 21-113-5211 for the Emergency Trail Repair at Chattahoochee Pointe Park for the Department of Parks and Recreation. Staff Recommendation: award to Steele & Associates Inc. in the amount of $88,502.00; 2021 Budget. Staff requests this item to be considered on a “Time Sensitive” basis - Director, Department of Procurement

(5) Board consideration and approval to award RFP 21-104-5211 for the Midway Park Playground and Shelter Design and Installation for the Department of Parks and Recreation. Staff Recommendation: award to Lanier Plans Inc. dba Korkat in the amount of $249,998.64; 2021 Capital Budget - Director, Department of Procurement

(6) Board consideration and approval of request by the Superior Court of Forsyth County to increase the County Supplements of newly hired Superior Court Judicial Assistants - Circuit Court Administrator, Superior Court
(At the August 24, 2021 Work Session, the Board voted unanimously to authorize staff to move this Item to the next meeting of the Finance Committee for discussion and consideration with authorization for staff to perform comparisons with surrounding counties. Without exception, the Board agreed to add this Item to the September 7, 2021 Work Session.)

(7) Board consideration and approval of the 2022 ACCG-IRMA Safety Discount Verification Form with authorization for the Chair to sign said form. Staff requests this Item be considered on a "Time Sensitive" basis - Risk and Safety Manager, Department of Risk and Safety

(8) Board consideration and approval of an Atlanta Gas Light Non-Residential Gas Extension Contract for the new Juvenile Justice Center, which includes the installation cost of $19,698.23. Staff requests this Item be considered on a "Time Sensitive" basis - Capital Projects Manager, Department of Capital Projects

(9) Board consideration and approval to terminate the Lease Agreement with Oakleaf Cluster IV, LLC regarding the lease of Suites 400-500 located at 309 Pirkle Ferry Road to be effective on September 30, 2021. This property was previously occupied by the Department of Environmental Health, which moved to the West Maple Campus on May 24, 2021. Staff requests this Item be considered on a "Time Sensitive" basis - Director, Department of Public Facilities

(10) Board consideration and authorization for the Chair to sign the Department of Community Affairs 2020 Annual Report for Local Government Finances and Certification of 911 Expenditures for the year ended December 31, 2020 - Chief Financial Officer

(11) Board consideration and approval of a Contract Item Agreement Memorandum of Understanding between Georgia Department of Transportation and Forsyth County regarding engineering design and relocation of water and sewer utilities on Post Road from Kelly Mill Road to SR 20 due to road widening - Director, Department of Water and Sewer

(12) Board consideration and approval of a revised Contract Item Agreement between Georgia Department of Transportation and Forsyth County regarding reimbursement of an estimated $1,736,300.00 for the adjustment of water and sewer facilities on State Route 9 from the Fulton County line to County Road 458/McFarland Road due to road widening - Director, Department of Water and Sewer

(13) Board consideration and approval of a revised Contract Item Agreement between Georgia Department of Transportation and Forsyth County regarding reimbursement of an estimated $4,712,890.00 for waterline relocation and sanitary sewer manhole adjustments on State Route 9 from McFarland Road to Post Road due to road widening - Director, Department of Water & Sewer

(14) Board consideration and approval of a Contract Item Agreement between Georgia Department of Transportation and Forsyth County regarding reimbursement of an estimated $470,850.00 for the adjustment or installation of water facilities on State Route 9 from State Route 141 to State Route 20 due to road widening - Director, Department of Water and Sewer

(15) Board consideration and possible direction of a Board generated rezoning for ZA3953, Forsyth County Board of Commissioners. In accordance with UDC 8-5.5(I), if an Application for a Land Disturbance Permit has not been submitted within 18 months of zoning approval, the Board may consider rezoning to a Constitutional Zoning designation - District 1 - Planning Manager, Department of Planning and Community Development

(16) Board discussion and possible direction regarding the County-Initiated request to rezone 1.778 acres from Restricted Industrial District (M1) to Commercial Business District (CBD) - Parcel 106-104 - ZA3982 - District 3 - Planning Manager, Department of Planning and Community Development
(A Public Hearing was held before the Board of Commissioners at its August 20, 2020 Regular Meeting / Public Hearings; the Board voted unanimously to take no action and further consider at the September 7, 2021 Work Session.)

(17) Board consideration and possible direction regarding revocation of the Conditional Use Permit (CUP) for CP180011, H. Eugene Barrington. In accordance with UDC 8-5.5(I), if an Application for a Land Disturbance Permit has not been submitted within 18 months of zoning approval, the Board may consider revocation of the CUP - District 4 - Planning Manager, Department of Planning and Community Development

(18) Board consideration and possible direction regarding Lighting Requirements within the Unified Development Code of Forsyth County - Planning Manager, Department of Planning and Community Development

(19) Board discussion and possible direction regarding proposed Commercial Corridors - Deputy Director, Department of Planning and Community Development

(20) Board discussion and possible vote regarding amendments to Chapter 8 related to Administrative Variances within the Unified Development Code of Forsyth County - Deputy Director, Department of Planning and Community Development
(A Public Hearing was held before the Board of Commissioners at the August 12, 2021 Special Called Meeting; the Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) to move this Item to the September 7, 2021 Work Session for further discussion and consideration.)

(21) Board consideration and approval of a Change Order (#4) and Value Engineering Proposal (VEP) with G.P.'s Enterprises, Inc. for the Ronald Reagan Boulevard Extension Project. Staff requests this Item be considered on a "Time Sensitive" basis - Assistant County Manager (McKee)

(22) Board consideration and approval of the 2022 Meeting Schedule - County Manager

(23) Board consideration of a County-Initiated Conditional Use Permit (CUP) for agritourism regarding Castleberry Farms, Kinsey Farms, and Warbington Farms - Mills / Cooper

(24) Board consideration of a County-Initiated Conditional Use Permit (CUP) for agritourism regarding Bottoms Tree Farm - Cooper / Semanson

(25) Board consideration of a County-Initiated Conditional Use Permit for a Specialty Pharmacy - Mills / John

(26) Board discussion and possible direction regarding COVID mitigation options to support the continuation of government services - County Manager

(27) Board consideration of a Resolution Authorizing Bagby Lane to be converted to a cul-de-sac - County Attorney

(28) Board consideration of City of Cumming annexation of parcels 196-001 and 196-002 (+/- 54.223 Acres of Land) - County Attorney

(29) Board consideration of City of Cumming annexation of parcel C01-008 (+/- 0.9 Acres of Land) - County Attorney

VI. Recess Work Session

VII. Executive Session (if needed)

VIII. Adjournment

MEETING SUMMARY

• All items approved “Time Sensitive” are final.

MEMBERS PRESENT:

Cindy J. Mills – Chair
Alfred John – Secretary
Todd Levent – Member
Laura Semanson - Member

THE FORSYTH COUNTY BOARD OF COMMISSIONERS WORK SESSION ON SEPTEMBER 7, 2021, AT 2:00 P.M. SHALL BE VIA IN-PERSON ASSEMBLY OF THE BOARD.

While the public may attend the meeting in-person, information regarding remote streaming opportunities is available at www.forsythco.com

REVISED

AGENDA
WORK SESSION
FORSYTH COUNTY BOARD OF COMMISSIONERS
TUESDAY, SEPTEMBER 7, 2021 AT 2:00 PM
110 EAST MAIN STREET, SUITE 220
CUMMING, GEORGIA 30040

I. Call Meeting to Order
Chair Mills called the Work Session to order at 2:02 p.m. with the following Board members present: Mills, John, Levent, and Semanson (Commissioner Cooper was absent).

II. Invocation and Pledge of Allegiance
Rebecca Whitmire, Department of Finance Director, led the Invocation and Pledge of Allegiance.

III. Adoption of Agenda
The Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) to adopt the Agenda as amended:

• Modify the Agenda Header for (25) to read as follows: Board consideration of an Amendment to the Unified Development Code for a Specialty Pharmacy - Mills / John.

IV. Announcements and Reports
Chair Mills announced that she and Commissioner Semanson attended a ceremony hosted by the Residential Substance Abuse Treatment (RSAT) regarding the first adoption by the Cobb County District Attorney of a service dog trained by RSAT.

Commissioner Semanson reminded everyone of the 9/11 20-Year Remembrance Event scheduled to occur at 10 a.m. on Friday, September 10, at the Fowler Park Pavilion.

V. Items for Consideration and Discussion

(1) Board consideration and approval to declare list of items as surplus with authorization for the Department of Procurement to dispose of accordingly - Director, Department of Procurement
Larry Holtzclaw, Department of Procurement Contract Administrator, addressed the Board regarding the request for approval to declare list of items as surplus with authorization for the Department of Procurement to dispose of accordingly. The Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) to approve as presented.

(2) Board consideration and approval of a Change Order with NOVA Engineering and Environmental for Construction and Special Inspection Testing of the Juvenile Justice Center. Staff Recommendation: approve the Change Order with NOVA Engineering and Environmental to complete the material testing and inspections in the amount of $12,155.00; Capital Budget Juvenile Justice Center - Director, Department of Procurement
Larry Holtzclaw, Department of Procurement Contract Administrator, addressed the Board regarding the request for approval of a Change Order with NOVA Engineering and Environmental for Construction and Special Inspection Testing of the Juvenile Justice Center. The Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) to approve the Change Order with NOVA Engineering and Environmental to complete the material testing and inspections of the Juvenile Justice Center in the amount of $12,155.

(3) Board consideration and approval of a Change Order with Vertical Earth to add 54-inch casing (open-cut) for the 36-inch waterline to the SR 369 Widening Project. Staff Recommendation: approve the Change Order with Vertical Earth to add 54-inch casing (open-cut) in the amount of $668,909.20; funding from Project Contingency. Staff requests this Item be considered on a "Time Sensitive" basis - Director, Department of Procurement
Larry Holtzclaw, Department of Procurement Contract Administrator, addressed the Board regarding the request for approval of a Change Order with Vertical Earth to add 54-inch casing (open-cut) for the 36-inch waterline to the SR 369 Widening Project. The Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) to approve the Change Order with Vertical Earth to add a 54-inch casing (open-cut) for the 36-inch waterline to the SR 369 Widening Project in the amount of $668,909.20. This Item was approved “Time Sensitive”.

(4) Board consideration ad approval to award Bid 21-113-5211 for the Emergency Trail Repair at Chattahoochee Pointe Park for the Department of Parks and Recreation. Staff Recommendation: award to Steele & Associates Inc. in the amount of $88,502.00; 2021 Budget. Staff requests this item to be considered on a “Time Sensitive” basis - Director, Department of Procurement
Larry Holtzclaw, Department of Procurement Contract Administrator, and Jim Pryor, Department of Parks and Recreation Director, addressed the Board regarding Bid 21-113-5211. The Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) to award Bid 21-113-5211 to Steele & Associates Inc. in the amount of $88,502 for the Emergency Trail Repair at Chattahoochee Pointe Park for the Department of Parks and Recreation as presented by staff. This Item was approved “Time Sensitive”.

(5) Board consideration and approval to award RFP 21-104-5211 for the Midway Park Playground and Shelter Design and Installation for the Department of Parks and Recreation. Staff Recommendation: award to Lanier Plans Inc. dba Korkat in the amount of $249,998.64; 2021 Capital Budget - Director, Department of Procurement
Larry Holtzclaw, Department of Procurement Contract Administrator, and Jim Pryor, Department of Parks and Recreation Director, addressed the Board regarding RFP 21-104-5211. The Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) to award RFP 21-104-5211 to Lanier Plans Inc. dba Korkat in the amount of $249,998.64 for the Midway Park Playground and Shelter Design and Installation for the Department of Parks and Recreation. This Item was approved “Time Sensitive”.

(6) Board consideration and approval of request by the Superior Court of Forsyth County to increase the County Supplements of newly hired Superior Court Judicial Assistants - Circuit Court Administrator, Superior Court
(At the August 24, 2021 Work Session, the Board voted unanimously to authorize staff to move this Item to the next meeting of the Finance Committee for discussion and consideration with authorization for staff to perform comparisons with surrounding counties. Without exception, the Board agreed to add this Item to the September 7, 2021 Work Session.)
Charity Clark, Department of Personnel Services Director, Marcus Turk, Chief Financial Officer, and Kevin Tanner, County Manager, addressed the Board regarding the request for approval of the request by the Superior Court of Forsyth County to increase the County Supplements of newly hired Superior Court Judicial Assistants. Ms. Clark distributed a handout containing salary comparisons from other surrounding counties. The Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) to approve the request by the Superior Court of Forsyth County to increase the County Supplements of newly hired Superior Court Judicial Assistants as presented by staff. This Item was approved “Time Sensitive”.

(7) Board consideration and approval of the 2022 ACCG-IRMA Safety Discount Verification Form with authorization for the Chair to sign said form. Staff requests this Item be considered on a "Time Sensitive" basis - Risk and Safety Manager, Department of Risk and Safety
Heather Hammons, Department of Risk and Safety Risk and Safety Manager, addressed the Board regarding the request for approval of the 2022 ACCG-IRMA Safety Discount Verification Form with authorization for the Chair to sign said form. The Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) to approve the 2022 ACCG-IRMA Safety Discount Verification Form with authorization for the Chair to sign. This Item was approved “Time Sensitive”.

(8) Board consideration and approval of an Atlanta Gas Light Non-Residential Gas Extension Contract for the new Juvenile Justice Center, which includes the installation cost of $19,698.23. Staff requests this Item be considered on a "Time Sensitive" basis - Capital Projects Manager, Department of Capital Projects
Dan Callahan, Department of Public Facilities Director, addressed the Board regarding the request for approval of an Atlanta Gas Light Non-Residential Gas Extension Contract for the new Juvenile Justice Center. The Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) to approve the Atlanta Gas Light Non-Residential Gas Extension Contract as presented. This Item was approved “Time Sensitive”.

(9) Board consideration and approval to terminate the Lease Agreement with Oakleaf Cluster IV, LLC regarding the lease of Suites 400-500 located at 309 Pirkle Ferry Road to be effective on September 30, 2021. This property was previously occupied by the Department of Environmental Health, which moved to the West Maple Campus on May 24, 2021. Staff requests this Item be considered on a "Time Sensitive" basis - Director, Department of Public Facilities
Dan Callahan, Department of Public Facilities Director, addressed the Board regarding the request for approval to terminate the Lease Agreement with Oakleaf Cluster IV, LLC regarding the lease of Suites 400-500 located at 309 Pirkle Ferry Road to be effective on September 30, 2021. The Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) to approve to terminate the Lease Agreement with Oakleaf Cluster IV, LLC regarding the lease of Suites 400-500 located at 309 Pirkle Ferry Road. This Item was approved “Time Sensitive”.

(10) Board consideration and authorization for the Chair to sign the Department of Community Affairs 2020 Annual Report for Local Government Finances and Certification of 911 Expenditures for the year ended December 31, 2020 - Chief Financial Officer
Marcus Turk, Chief Financial Officer, addressed the Board regarding the request for authorization for the Chair to sign the Department of Community Affairs 2020 Annual Report for Local Government Finances and Certification of 911 Expenditures for the year ended December 31, 2020. The Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) to authorize the Chair to sign the Department of Community Affairs 2020 Annual Report for Local Government Finances and Certification of 911 Expenditures for the year ended December 31, 2020.

(11) Board consideration and approval of a Contract Item Agreement Memorandum of Understanding between Georgia Department of Transportation and Forsyth County regarding engineering design and relocation of water and sewer utilities on Post Road from Kelly Mill Road to SR 20 due to road widening - Director, Department of Water and Sewer
Barry Lucas, Department of Water and Sewer Director, addressed the Board regarding the request for approval of a Contract Item Agreement Memorandum of Understanding between Georgia Department of Transportation and Forsyth County regarding engineering design and relocation of water and sewer utilities on Post Road from Kelly Mill Road to SR 20 due to road widening. The Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) to approve the Contract Item Agreement Memorandum of Understanding between Georgia Department of Transportation and Forsyth County.

(12) Board consideration and approval of a revised Contract Item Agreement between Georgia Department of Transportation and Forsyth County regarding reimbursement of an estimated $1,736,300.00 for the adjustment of water and sewer facilities on State Route 9 from the Fulton County line to County Road 458/McFarland Road due to road widening - Director, Department of Water and Sewer
Barry Lucas, Department of Water and Sewer Director, addressed the Board regarding the request for approval of a Contract Item Agreement Memorandum of Understanding between Georgia Department of Transportation and Forsyth County regarding reimbursement of an estimated $1,736,300.00 for the adjustment of water and sewer facilities on State Route 9 from the Fulton County line to County Road 458/McFarland Road due to road widening. The Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) to approve the Contract Item Agreement Memorandum of Understanding between Georgia Department of Transportation and Forsyth County.

(13) Board consideration and approval of a revised Contract Item Agreement between Georgia Department of Transportation and Forsyth County regarding reimbursement of an estimated $4,712,890.00 for waterline relocation and sanitary sewer manhole adjustments on State Route 9 from McFarland Road to Post Road due to road widening - Director, Department of Water & Sewer
Barry Lucas, Department of Water and Sewer Director, addressed the Board regarding the request for approval of a Contract Item Agreement Memorandum of Understanding between Georgia Department of Transportation and Forsyth County regarding reimbursement of an estimated $4,712,890.00 for waterline relocation and sanitary sewer manhole adjustments on State Route 9 from McFarland Road to Post Road due to road widening. The Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) to approve the Contract Item Agreement Memorandum of Understanding between Georgia Department of Transportation and Forsyth County.

(14) Board consideration and approval of a Contract Item Agreement between Georgia Department of Transportation and Forsyth County regarding reimbursement of an estimated $470,850.00 for the adjustment or installation of water facilities on State Route 9 from State Route 141 to State Route 20 due to road widening - Director, Department of Water and Sewer
Barry Lucas, Department of Water and Sewer Director, addressed the Board regarding the request for approval of a Contract Item Agreement between Georgia Department of Transportation and Forsyth County regarding reimbursement of an estimated $470,850.00 for the adjustment or installation of water facilities on State Route 9 from State Route 141 to State Route 20 due to road widening. The Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) to approve the Contract Item Agreement Memorandum of Understanding between Georgia Department of Transportation and Forsyth County.

(15) Board consideration and possible direction of a Board generated rezoning for ZA3953, Forsyth County Board of Commissioners. In accordance with UDC 8-5.5(I), if an Application for a Land Disturbance Permit has not been submitted within 18 months of zoning approval, the Board may consider rezoning to a Constitutional Zoning designation - District 1 - Planning Manager, Department of Planning and Community Development
Leslie Silas, Department of Planning and Community Development Planning Manager, addressed the Board regarding a possible Board generated rezoning for ZA3953, Forsyth County Board of Commissioners. The Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) to postpone this Item to the September 21, 2021 Work Session.

(16) Board discussion and possible direction regarding the County-Initiated request to rezone 1.778 acres from Restricted Industrial District (M1) to Commercial Business District (CBD) - Parcel 106-104 - ZA3982 - District 3 - Planning Manager, Department of Planning and Community Development
(A Public Hearing was held before the Board of Commissioners at its August 20, 2020 Regular Meeting / Public Hearings; the Board voted unanimously to take no action and further consider at the September 7, 2021 Work Session.)
Leslie Silas, Department of Planning and Community Development Planning Manager, addressed the Board regarding a possible County-Initiated request to rezone 1.778 acres from Restricted Industrial District (M1) to Commercial Business District (CBD) - Parcel 106-104 - for ZA3982. No Board action was taken.

(17) Board consideration and possible direction regarding revocation of the Conditional Use Permit (CUP) for CP180011, H. Eugene Barrington. In accordance with UDC 8-5.5(I), if an Application for a Land Disturbance Permit has not been submitted within 18 months of zoning approval, the Board may consider revocation of the CUP - District 4 - Planning Manager, Department of Planning and Community Development
Leslie Silas, Department of Planning and Community Development Planning Manager, addressed the Board regarding a possible revocation of the Conditional Use Permit (CUP) for CP180011, H. Eugene Barrington. No Board action was taken.

(18) Board consideration and possible direction regarding Lighting Requirements within the Unified Development Code of Forsyth County - Planning Manager, Department of Planning and Community Development
Heather Ryan, Department of Planning and Community Development Planning Manager, addressed and provided a presentation to the Board regarding Lighting Requirements within the Unified Development Code of Forsyth County (UDC). Brandon Kenney, Assistant County Manager / Chief Information Officer, addressed the Board. The Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) to authorize staff to proceed with the Public Hearing process regarding Lighting Requirements within the (UDC).

(19) Board discussion and possible direction regarding proposed Commercial Corridors - Deputy Director, Department of Planning and Community Development
Vanessa Bernstein-Goldman, Department of Planning and Community Development Deputy Director, addressed and provided a presentation to the Board regarding proposed Commercial Corridors. The Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) to authorize staff to change the UDC Overlay Map as well as amend the content of the Overlays as presented with authorization for staff to proceed with the Public Hearing process regarding the proposed Commercial Corridors as soon as the Map is amended.

(20) Board discussion and possible vote regarding amendments to Chapter 8 related to Administrative Variances within the Unified Development Code of Forsyth County - Deputy Director, Department of Planning and Community Development
(A Public Hearing was held before the Board of Commissioners at the August 12, 2021 Special Called Meeting; the Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) to move this Item to the September 7, 2021 Work Session for further discussion and consideration.)
Vanessa Bernstein-Goldman, Department of Planning and Community Development Deputy Director, Tom Brown, Department of Planning and Community Development Director, and Kevin Tanner, County Manager, addressed the Board regarding proposed amendments to Chapter 8 related to Administrative Variances within the Unified Development Code of Forsyth County (UDC). The Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) to approve the amendments to Chapter 8 related to Administrative Variances within the UDC as presented on the screen and by staff with authorization for staff to proceed with the Public Hearing process.

(21) Board consideration and approval of a Change Order (#4) and Value Engineering Proposal (VEP) with G.P.'s Enterprises, Inc. for the Ronald Reagan Boulevard Extension Project. Staff requests this Item be considered on a "Time Sensitive" basis - Assistant County Manager (McKee)
David McKee, Assistant County Manager, addressed and provided a presentation to the Board regarding the request for approval of a Change Order (#4) and Value Engineering Proposal (VEP) with G.P.'s Enterprises, Inc. for the Ronald Reagan Boulevard Extension Project. The Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) to approve the Change Order (#4) and Value Engineering Proposal (VEP) with G.P.'s Enterprises, Inc. as presented. This Item was approved “Time Sensitive”.

(22) Board consideration and approval of the 2022 Meeting Schedule - County Manager
Kevin Tanner, County Manager, addressed the Board regarding the request for approval of the proposed 2022 Meeting Schedule. The Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) to approve the schedule as presented.

Commissioner Levent left the Work Session at 3:38 p.m.

(23) Board consideration of a County-Initiated Conditional Use Permit (CUP) for agritourism regarding Castleberry Farms, Kinsey Farms, and Warbington Farms - Mills / Cooper
Kevin Tanner, County Manager, addressed the Board regarding a proposed County-Initiated Conditional Use Permit (CUP) for agritourism regarding Castleberry Farms, Kinsey Farms, and Warbington Farms. The Board voted 3-0-2 (Commissioners Mills, John, and Semanson in favor; Commissioners Cooper and Levent absent) to authorize staff to proceed with the Public Hearing process regarding the County-Initiated CUP for agritourism.

Chair Mills announced that she would be recused from the discussion and vote of (24) and, due to Commissioner Levent stepping away from the Work Session, the Board would continue discussion of the items beginning at (25) until the Commissioner returned.

The Board discussed (25).

Commissioner Levent returned to the Work Session at 3:41 p.m.

(25) Board consideration of a County-Initiated Conditional Use Permit for a Specialty Pharmacy - Mills / John
Chair Mills and Tom Brown, Department of Planning and Community Development Director, addressed the Board regarding a proposed amendment to the UDC for a Specialty Pharmacy. The Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) to authorize staff to proceed with the Public Hearing process regarding a Specialty Pharmacy.

(24) Board consideration of a County-Initiated Conditional Use Permit (CUP) for agritourism regarding Bottoms Tree Farm - Cooper / Semanson
Kevin Tanner, County Manager, addressed the Board regarding a proposed County-Initiated Conditional Use Permit (CUP) for agritourism regarding Bottoms Tree Farm. The Board voted 3-0-2 (Commissioners John, Levent, and Semanson in favor; Commissioner Cooper absent and Commissioner Mills recused) to authorize staff to proceed with the Public Hearing process regarding the County-Initiated CUP for agritourism.

The Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) [during adoption of the Agenda] to modify the Agenda Header for (25) to read as follows: Board consideration of an Amendment to the Unified Development Code for a Specialty Pharmacy.

(25) Board consideration of a County-Initiated Conditional Use Permit for a Specialty Pharmacy - Mills / John
This Item was heard prior to (24); see above.

(26) Board discussion and possible direction regarding COVID mitigation options to support the continuation of government services - County Manager
Kevin Tanner, County Manager, addressed and provided a presentation to the Board regarding COVID mitigation options to support the continuation of government services; the Board held a discussion. Molly Esswein, Jarrard and Davis, addressed the Board. The Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) to approve the mitigation plan as presented.

Chair Mills requested that Chris Grimes, Emergency Management Agency Director, provide a presentation regarding COVID and the current status of Forsyth County at the next meeting of the Board.

(27) Board consideration of a Resolution Authorizing Bagby Lane to be converted to a cul-de-sac - County Attorney
Molly Esswein, Jarrard and Davis, and Tim Allen, Department of Engineering Assistant Director, addressed the Board regarding a Resolution authorizing Bagby Lane to be converted to a cul-de-sac. The Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) to approve the Resolution as presented.

(28) Board consideration of City of Cumming annexation of parcels 196-001 and 196-002 (+/- 54.223 Acres of Land) - County Attorney
Molly Esswein, Jarrard and Davis, addressed and provided a presentation to the Board regarding a proposed City of Cumming annexation of parcels 196-001 and 196-002 (+/- 54.223 Acres of Land). The Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) to direct staff to draft a letter of objection regarding the annexation request for discussion and presentation at the September 21, 2021 Work Session.

(29) Board consideration of City of Cumming annexation of parcel C01-008 (+/- 0.9 Acres of Land) - County Attorney
Molly Esswein, Jarrard and Davis, addressed and provided a presentation to the Board regarding a proposed City of Cumming annexation of parcel C01-008 (+/- 0.9 Acres of Land). The Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) to postpone this Item for further discussion and consideration to the September 21, 2021 Work Session.

VI. Recess Work Session
The Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) to recess the Work Session at 4:18 p.m. for the purpose to enter an Executive Session to discuss Litigation, Land Acquisition, and/or Personnel.

Molly Esswein, Jarrard and Davis, announced that no Open Session Items would follow the Executive Session.

VII. Executive Session (if needed)
The Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) to come out of recess and reconvene the Work Session at 4:26 p.m.

VIII. Adjournment
The Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) to adjourn the Work Session at 4:26 p.m.

FORSYTH COUNTY BOARD OF COMMISSIONERS
WORK SESSION
SEPTEMBER 7, 2021

On Tuesday, September 7, 2021 at 2:02 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: Cindy Jones Mills – Chairman, Alfred John - Secretary, Todd Levent – Member, Laura Semanson – Member, Kevin Tanner – County Manager, Molly Esswein – Jarrard & Davis and Cindy Henderson – Deputy Clerk.

Vice Chairman Cooper was absent.

THE FORSYTH COUNTY BOARD OF COMMISSIONERS WORK SESSION ON SEPTEMBER 7, 2021 AT 2:00 P.M. SHALL BE VIA IN-PERSON ASSEMBLY OF THE BOARD.

While the public may attend the meeting in-person, information regarding remote streaming and participation opportunities is available at www.forsythco.com

AGENDA
WORK SESSION
FORSYTH COUNTY BOARD OF COMMISSIONERS
TUESDAY, SEPTEMBER 7, 2021 AT 2:00 PM
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. Items for Consideration and Discussion

(1) Board consideration and approval to declare list of items as surplus with authorization for the Department of Procurement to dispose of accordingly - Director, Department of Procurement

(2) Board consideration and approval of a Change Order with NOVA Engineering and Environmental for Construction and Special Inspection Testing of the Juvenile Justice Center. Staff Recommendation: approve the Change Order with NOVA Engineering and Environmental to complete the material testing and inspections in the amount of $12,155.00; Capital Budget Juvenile Justice Center - Director, Department of Procurement

(3) Board consideration and approval of a Change Order with Vertical Earth to add 54-inch casing (open-cut) for the 36-inch waterline to the SR 369 Widening

Project. Staff Recommendation: approve the Change Order with Vertical Earth to add 54-inch casing (open-cut) in the amount of $668,909.20; funding from Project Contingency. Staff requests this Item be considered on a "Time Sensitive" basis - Director, Department of Procurement

(4) Board consideration ad approval to award Bid 21-113-5211 for the Emergency Trail Repair at Chattahoochee Pointe Park for the Department of Parks and Recreation. Staff Recommendation: award to Steele & Associates Inc. in the amount of $88,502.00; 2021 Budget. Staff requests this item to be considered on a “Time Sensitive” basis - Director, Department of Procurement

(5) Board consideration and approval to award RFP 21-104-5211 for the Midway Park Playground and Shelter Design and Installation for the Department of Parks and Recreation. Staff Recommendation: award to Lanier Plans Inc. dba Korkat in the amount of $249,998.64; 2021 Capital Budget - Director, Department of Procurement

(6) Board consideration and approval of request by the Superior Court of Forsyth County to increase the County Supplements of newly hired Superior Court Judicial Assistants - Circuit Court Administrator, Superior Court
(At the August 24, 2021 Work Session, the Board voted unanimously to authorize staff to move this Item to the next meeting of the Finance Committee for discussion and consideration with authorization for staff to perform comparisons with surrounding counties. Without exception, the Board agreed to add this Item to the September 7, 2021 Work Session.)

(7) Board consideration and approval of the 2022 ACCG-IRMA Safety Discount Verification Form with authorization for the Chair to sign said form. Staff requests this Item be considered on a "Time Sensitive" basis - Risk and Safety Manager, Department of Risk and Safety

(8) Board consideration and approval of an Atlanta Gas Light Non-Residential Gas Extension Contract for the new Juvenile Justice Center, which includes the installation cost of $19,698.23. Staff requests this Item be considered on a "Time Sensitive" basis - Capital Projects Manager, Department of Capital Projects

(9) Board consideration and approval to terminate the Lease Agreement with Oakleaf Cluster IV, LLC regarding the lease of Suites 400-500 located at 309 Pirkle Ferry Road to be effective on September 30, 2021. This property was previously occupied by the Department of Environmental Health, which moved to the West Maple Campus on May 24, 2021. Staff requests this Item be considered on a "Time Sensitive" basis - Director, Department of Public Facilities

(10) Board consideration and authorization for the Chair to sign the Department of Community Affairs 2020 Annual Report for Local Government Finances and Certification of 911 Expenditures for the year ended December 31, 2020 - Chief Financial Officer

(11) Board consideration and approval of a Contract Item Agreement Memorandum of Understanding between Georgia Department of Transportation and Forsyth County regarding engineering design and relocation of water and sewer utilities on Post Road from Kelly Mill Road to SR 20 due to road widening - Director, Department of Water and Sewer

(12) Board consideration and approval of a revised Contract Item Agreement between Georgia Department of Transportation and Forsyth County regarding reimbursement of an estimated $1,736,300.00 for the adjustment of water and sewer facilities on State Route 9 from the Fulton County line to County Road 458/McFarland Road due to road widening - Director, Department of Water and Sewer

(13) Board consideration and approval of a revised Contract Item Agreement between Georgia Department of Transportation and Forsyth County regarding reimbursement of an estimated $4,712,890.00 for waterline relocation and sanitary sewer manhole adjustments on State Route 9 from McFarland Road to Post Road due to road widening - Director, Department of Water & Sewer

(14) Board consideration and approval of a Contract Item Agreement between Georgia Department of Transportation and Forsyth County regarding reimbursement of an estimated $470,850.00 for the adjustment or installation of water facilities on State Route 9 from State Route 141 to State Route 20 due to road widening - Director, Department of Water and Sewer

(15) Board consideration and possible direction of a Board generated rezoning for ZA3953, Forsyth County Board of Commissioners. In accordance with UDC 8-5.5(I), if an Application for a Land Disturbance Permit has not been submitted within 18 months of zoning approval, the Board may consider rezoning to a Constitutional Zoning designation - District 1 - Planning Manager, Department of Planning and Community Development

(16) Board discussion and possible direction regarding the County-Initiated request to rezone 1.778 acres from Restricted Industrial District (M1) to Commercial Business District (CBD) - Parcel 106-104 - ZA3982 - District 3 - Planning Manager, Department of Planning and Community Development
(A Public Hearing was held before the Board of Commissioners at its August 20, 2020 Regular Meeting / Public Hearings; the Board voted unanimously to take no action and further consider at the September 7, 2021 Work Session.)

(17) Board consideration and possible direction regarding revocation of the Conditional Use Permit (CUP) for CP180011, H. Eugene Barrington. In accordance with UDC 8-5.5(I), if an Application for a Land Disturbance Permit has not been submitted within 18 months of zoning approval, the Board may consider revocation of the CUP - District 4 - Planning Manager, Department of Planning and Community Development

(18) Board consideration and possible direction regarding Lighting Requirements within the Unified Development Code of Forsyth County - Planning Manager, Department of Planning and Community Development

(19) Board discussion and possible direction regarding proposed Commercial Corridors - Deputy Director, Department of Planning and Community Development

(20) Board discussion and possible vote regarding amendments to Chapter 8 related to Administrative Variances within the Unified Development Code of Forsyth County - Deputy Director, Department of Planning and Community Development
(A Public Hearing was held before the Board of Commissioners at the August 12, 2021 Special Called Meeting; the Board voted 4-0-1 (Commissioners Mills, John, Levent, and Semanson in favor; Commissioner Cooper absent) to move this Item to the September 7, 2021 Work Session for further discussion and consideration.)

(21) Board consideration and approval of a Change Order (#4) and Value Engineering Proposal (VEP) with G.P.'s Enterprises, Inc. for the Ronald Reagan Boulevard Extension Project. Staff requests this Item be considered on a "Time Sensitive" basis - Assistant County Manager (McKee)

(22) Board consideration and approval of the 2022 Meeting Schedule - County Manager

(23) Board consideration of a County-Initiated Conditional Use Permit (CUP) for agritourism regarding Castleberry Farms, Kinsey Farms, and Warbington Farms - Mills / Cooper

(24) Board consideration of a County-Initiated Conditional Use Permit (CUP) for agritourism regarding Bottoms Tree Farm - Cooper / Semanson

(25) Board consideration of a County-Initiated Conditional Use Permit for a Specialty Pharmacy - Mills / John

(26) Board discussion and possible direction regarding COVID mitigation options to support the continuation of government services - County Manager

(27) Board consideration of a Resolution Authorizing Bagby Lane to be converted to a cul-de-sac - County Attorney

(28) Board consideration of City of Cumming annexation of parcels 196-001 and 196-002 (+/- 54.223 Acres of Land) - County Attorney

(29) Board consideration of City of Cumming annexation of parcel C01-008 (+/- 0.9 Acres of Land) - County Attorney

VI. Recess Work Session

VII. Executive Session (if needed)

VIII. Adjournment

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

The Invocation and Pledge of Allegiance were led by Becky Whitmire, Finance Director.

ADOPTION OF AGENDA

There was a motion by Commissioner Semanson and a second by Commissioner John to modify the Agenda Header for Item #25 to read Board consideration of an amendment to the Unified Development Code for a Specialty Pharmacy at the request of the Director of Planning & Community Development. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

There was a motion by Commissioner Semanson and a second by Commissioner John to adopt the agenda as amended. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

UNDER ANNOUNCEMENTS AND REPORTS THE FOLLOWING ACTIONS WERE TAKEN:

Chairman Mills announced that she and Commissioner Semanson attended a ceremony this morning during which a service dog trained by participants of the Sheriff’s Office RSAT (Residential Substance Abuse Treatment) Program was adopted by the Cobb County District Attorney’s office.

Commissioner Semanson announced that a 9/11 20-Year Remembrance Ceremony will be held on Friday, September 10, 2021 at 10:00 a.m. at the Fowler Park Pavilion.

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

(1) Board consideration and approval to declare list of items as surplus with authorization for the Department of Procurement to dispose of accordingly

Larry Holtzclaw, Contract Administrator, addressed the Board. There was a motion by Commissioner Semanson and a second by Commissioner Levent to declare the list of items as surplus with authorization for the Department of Procurement to dispose of accordingly. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

(2) Board consideration and approval of a Change Order with NOVA Engineering and Environmental for Construction and Special Inspection Testing of the Juvenile Justice Center. Staff Recommendation: approve the Change Order with NOVA Engineering and Environmental to complete the material testing and inspections in the amount of $12,155.00; Capital Budget Juvenile Justice Center

Larry Holtzclaw, Contract Administrator, addressed the Board. There was a motion by Commissioner Semanson and a second by Commissioner John to approve the Change Order with NOVA Engineering and Environmental in the amount of $12,155 to complete the material testing and inspections of the Juvenile Justice Center. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

(3) Board consideration and approval of a Change Order with Vertical Earth to add 54-inch casing (open-cut) for the 36-inch waterline to the SR 369 Widening Project. Staff Recommendation: approve the Change Order with Vertical Earth to add 54-inch casing (open-cut) in the amount of $668,909.20; funding from Project Contingency. Staff requests this Item be considered on a "Time Sensitive" basis

Larry Holtzclaw, Contract Administrator, addressed the Board. There was a motion by Commissioner Mills and a second by Commissioner Levent to approve the Change Order with Vertical Earth in the amount of $668,909.20 to add 54-inch casing (open-cut) for the 36-inch waterline to the SR 369 Widening Project as presented by staff and that this item is approved as time sensitive. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

(4) Board consideration ad approval to award Bid 21-113-5211 for the Emergency Trail Repair at Chattahoochee Pointe Park for the Department of Parks and Recreation. Staff Recommendation: award to Steele & Associates Inc. in the amount of $88,502.00; 2021 Budget. Staff requests this item to be considered on a “Time Sensitive” basis

Larry Holtzclaw, Contract Administrator, and Jim Pryor, Director of Parks & Recreation, addressed the Board. There was a motion by Commissioner John and a second by Commissioner Semanson to award Bid 21-113-5211 to Steele & Associates Inc. in the amount of $88,502 for the Emergency Trail Repair at Chattahoochee Pointe Park and that this item is approved as time sensitive. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

(5) Board consideration and approval to award RFP 21-104-5211 for the Midway Park Playground and Shelter Design and Installation for the Department of Parks and Recreation. Staff Recommendation: award to Lanier Plans Inc. dba Korkat in the amount of $249,998.64; 2021 Capital Budget

Larry Holtzclaw, Contract Administrator, and Jim Pryor, Director of Parks & Recreation, addressed the Board. There was a motion by Commissioner Levent and a second by Commissioner Semanson to award RFP 21-104-5211 to Lanier Plans Inc. dba Korkat in the amount of $249,998.64 for the Midway Park Playground and Shelter Design and Installation and that this item is approved as time sensitive. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

(6) Board consideration and approval of request by the Superior Court of Forsyth County to increase the County Supplements of newly hired Superior Court Judicial Assistants

Charity Clark, Director of Personnel Services, Marc Turk, Chief Financial Officer, and Kevin Tanner, County Manager, addressed the Board. A handout was provided to the Board that listed the seven positions within Superior Court that were reviewed by Personnel Services and given a grade that is equivalent to jobs within the County’s classification system. Ms. Clark requested that the Courts be allowed to follow the compensation plan and processes that the County follows for these positions. Mr. Tanner advised the Board that this item was presented to the Finance Committee and the Finance Committee recommended approval.

There was a motion by Commissioner Mills and a second by Commissioner Levent to approve the request as presented by staff and that this item is approved as time sensitive. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

(7) Board consideration and approval of the 2022 ACCG-IRMA Safety Discount Verification Form with authorization for the Chair to sign said form. Staff requests this Item be considered on a "Time Sensitive" basis

Heather Hammons, Risk & Safety Manager, addressed the Board. There was a motion by Commissioner Semanson and a second by Commissioner Levent to approve the 2022 ACCG-IRMA Safety Discount Verification Form with authorization for the Chair to sign said form and that this item is approved as time sensitive. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

(8) Board consideration and approval of an Atlanta Gas Light Non-Residential Gas Extension Contract for the new Juvenile Justice Center, which includes the installation cost of $19,698.23. Staff requests this Item be considered on a "Time Sensitive" basis

Dan Callahan, Public Facilities Director, addressed the Board. There was a motion by Commissioner Semanson and a second by Commissioner John to approve the Atlanta Gas Light Non-Residential Gas Extension Contract for the new Juvenile Justice Center, which includes the installation cost of $19,698.23, as presented and that this item is approved as time sensitive. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

(9) Board consideration and approval to terminate the Lease Agreement with Oakleaf Cluster IV, LLC regarding the lease of Suites 400-500 located at 309 Pirkle Ferry Road to be effective on September 30, 2021. This property was previously occupied by the Department of Environmental Health, which moved to the West Maple Campus on May 24, 2021. Staff requests this Item be considered on a "Time Sensitive" basis

Dan Callahan, Public Facilities Director, addressed the Board. There was a motion by Commissioner Semanson and a second by Commissioner John to approve the termination of the Lease Agreement with Oakleaf Cluster IV, LLC regarding the lease of Suites 400-500 located at 309 Pirkle Ferry Road to be effective on September 30, 2021 as presented by staff and that this item is approved as time sensitive. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

(10) Board consideration and authorization for the Chair to sign the Department of Community Affairs 2020 Annual Report for Local Government Finances and Certification of 911 Expenditures for the year ended December 31, 2020

Marc Turk, Chief Financial Officer, addressed the Board. There was a motion by Commissioner Levent and a second by Commissioner John to authorize the Chair to sign the Department of Community Affairs 2020 Annual Report for Local Government Finances and Certification of 911 Expenditures for the year ended December 31, 2020. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

(11) Board consideration and approval of a Contract Item Agreement Memorandum of Understanding between Georgia Department of Transportation and Forsyth County regarding engineering design and relocation of water and sewer utilities on Post Road from Kelly Mill Road to SR 20 due to road widening

Barry Lucas, Director of Water & Sewer, addressed the Board. There was a motion by Commissioner Levent and a second by Commissioner Semanson to approve the Contract Item Agreement Memorandum of Understanding between Georgia Department of Transportation and Forsyth County regarding engineering design and relocation of water and sewer utilities on Post Road from Kelly Mill Road to SR 20 due to road widening. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

(12) Board consideration and approval of a revised Contract Item Agreement between Georgia Department of Transportation and Forsyth County regarding reimbursement of an estimated $1,736,300.00 for the adjustment of water and sewer facilities on State Route 9 from the Fulton County line to County Road 458/McFarland Road due to road widening

Barry Lucas, Director of Water & Sewer, addressed the Board. There was a motion by Commissioner Levent and a second by Commissioner Semanson to approve the revised Contract Item Agreement between Georgia Department of Transportation and Forsyth County regarding reimbursement of an estimated $1,736,300 for the adjustment of water and sewer facilities on State Route 9 from the Fulton County line to County Road 458/McFarland Road due to road widening. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

(13) Board consideration and approval of a revised Contract Item Agreement between Georgia Department of Transportation and Forsyth County regarding reimbursement of an estimated $4,712,890.00 for waterline relocation and sanitary sewer manhole adjustments on State Route 9 from McFarland Road to Post Road due to road widening

Barry Lucas, Director of Water & Sewer, addressed the Board. There was a motion by Commissioner Levent and a second by Commissioner Semanson to approve the revised Contract Item Agreement between Georgia Department of Transportation and Forsyth County regarding reimbursement of an estimated $4,712,890 for waterline relocation and sanitary sewer manhole adjustments on State Route 9 from McFarland Road to Post Road due to road widening. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

(14) Board consideration and approval of a Contract Item Agreement between Georgia Department of Transportation and Forsyth County regarding reimbursement of an estimated $470,850.00 for the adjustment or installation of water facilities on State Route 9 from State Route 141 to State Route 20 due to road widening

Barry Lucas, Director of Water & Sewer, addressed the Board. There was a motion by Commissioner Levent and a second by Commissioner Semanson to approve the Contract Item Agreement between Georgia Department of Transportation and Forsyth County regarding reimbursement of an estimated $470,850 for the adjustment or installation of water facilities on State Route 9 from State Route 141 to State Route 20 due to road widening. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

(15) Board consideration and possible direction of a Board generated rezoning for ZA3953, Forsyth County Board of Commissioners. In accordance with UDC 8-5.5(I), if an Application for a Land Disturbance Permit has not been submitted within 18 months of zoning approval, the Board may consider rezoning to a Constitutional Zoning designation - District 1

Leslie Silas, Planning Manager, addressed the Board. There was a motion by Commissioner Semanson and a second by Commissioner Levent to postpone this item to the Work Session of September 21, 2021. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

(16) Board discussion and possible direction regarding the County-Initiated request to rezone 1.778 acres from Restricted Industrial District (M1) to Commercial Business District (CBD) - Parcel 106-104 - ZA3982 - District 3

Leslie Silas, Planning Manager, addressed the Board regarding a possible County-Initiated request to rezone 1.778 acres from Restricted Industrial District (M1) to Commercial Business District (CBD) - Parcel 106-104 - ZA3982. No Board action was taken.

(17) Board consideration and possible direction regarding revocation of the Conditional Use Permit (CUP) for CP180011, H. Eugene Barrington. In accordance with UDC 8-5.5(I), if an Application for a Land Disturbance Permit has not been submitted within 18 months of zoning approval, the Board may consider revocation of the CUP - District 4

Leslie Silas, Planning Manager, addressed the Board regarding the possible revocation of the Conditional Use Permit (CUP) for CP180011, H. Eugene Barrington. No Board action was taken.

(18) Board consideration and possible direction regarding Lighting Requirements within the Unified Development Code of Forsyth County

Heather Ryan, Planning Manager, addressed the Board and provided a PowerPoint presentation. Board discussion was held regarding a possible joint meeting with the Planning Commission. Following discussion, the joint meeting was not scheduled. Brandon Kenney, Assistant County Manager, addressed the Board. There was a motion by Commissioner Semanson and a second by Commissioner Levent to authorize staff to proceed with the Public Hearing process regarding Lighting Requirements with the Unified Development Code (UDC) as presented. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

(19) Board discussion and possible direction regarding proposed Commercial Corridors

Vanessa Bernstein-Goldman, Deputy Director of Planning & Community Development, addressed the Board and provided a PowerPoint presentation. The presentation included additional Commercial Corridor Designations, additional Overlay District Extensions and Overlay District Scope modifications. Board discussion followed.

There was a motion by Commissioner Mills and a second by Commissioner Semanson to authorize staff to proceed with the Public Hearing process regarding the UDC Overlay Map as well as changes to the content of the UDC Overlays as presented. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

(20) Board discussion and possible vote regarding amendments to Chapter 8 related to Administrative Variances within the Unified Development Code of Forsyth County

Vanessa Bernstein-Goldman, Deputy Director of Planning & Community Development, addressed the Board. The proposed amendment, as well as alternate language, was displayed. Tom Brown, Director of Planning & Community Development, and Kevin Tanner, County Manager, addressed the Board. Discussion was held regarding notification letters. There was a motion by Commissioner Mills and a second by Commissioner Semanson to authorize staff to proceed with the Public Hearing process regarding amendments to Chapter 8 related to Administrative Variances within the Unified Development Code of Forsyth County as presented on screen (alternate language version). Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

(21) Board consideration and approval of a Change Order (#4) and Value Engineering Proposal (VEP) with G.P.'s Enterprises, Inc. for the Ronald Reagan Boulevard Extension Project. Staff requests this Item be considered on a "Time Sensitive" basis

David McKee, Assistant County Manager, addressed the Board and provided a PowerPoint presentation. There was a motion by Commissioner Levent and a second by Commissioner John to approve Change Order (#4) and the Value Engineering Proposal (VEP) with G.P.'s Enterprises, Inc. for the Ronald Reagan Boulevard Extension Project as presented and that this item is approved as time sensitive. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

(22) Board consideration and approval of the 2022 Meeting Schedule

Kevin Tanner, County Manager, addressed the Board and presented the proposed 2022 Meeting Schedule. There was a motion by Commissioner Levent and a second by Commissioner Semanson to approve the 2022 Meeting Schedule as presented. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

Commissioner Levent left the meeting.

(23) Board consideration of a County-Initiated Conditional Use Permit (CUP) for agritourism regarding Castleberry Farms, Kinsey Farms, and Warbington Farms

Kevin Tanner, County Manager, addressed the Board. There was a motion by Commissioner Mills and a second by Commissioner Semanson to authorize staff to proceed with the Public Hearing process regarding the County-Initiated Conditional Use Permit (CUP) for agritourism regarding Castleberry Farms, Kinsey Farms, and Warbington Farms as presented. Motion carried with three members in favor (Mills, John and Semanson) and two members absent (Cooper and Levent).

Chair Mills announced that she would be recused from the discussion and vote of Item #24 due to a family relationship and, due to Commissioner Levent stepping away from the Work Session, the Board would continue discussion of the items beginning at Item #25 until Commissioner Levent returned.

(24) Board consideration of a County-Initiated Conditional Use Permit (CUP) for agritourism regarding Bottoms Tree Farm – See Page #12 for action taken

(25) Board consideration of a County-Initiated Conditional Use Permit for a Specialty Pharmacy

Chairman Mills and Tom Brown, Director of Planning & Community Development, addressed the Board regarding a proposed amendment to the UDC for a Conditional Use Permit for a Specialty Pharmacy.

Commissioner Levent returned to the meeting.

There was a motion by Commissioner Mills and a second by Commissioner John to authorize staff to proceed with the Public Hearing process regarding an amendment to the Unified Development Code (UDC) for a Conditional Use Permit for a Specialty Pharmacy. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

At this time, the Board returned to Item #24. As previously stated, Chairman Mills was recused from the discussion and vote of Item #24 due to a family relationship.

(24) Board consideration of a County-Initiated Conditional Use Permit (CUP) for agritourism regarding Bottoms Tree Farm

Kevin Tanner, County Manager, addressed the Board regarding a proposed County-Initiated Conditional Use Permit (CUP) for agritourism regarding Bottoms Tree Farm. There was a motion by Commissioner Semanson and a second by Commissioner Levent to authorize staff to proceed with the Public Hearing process regarding the County-Initiated CUP for agritourism regarding Bottoms Tree Farm. Motion carried with three members in favor (John, Levent and Semanson), one member recused (Mills) and one member absent (Cooper).

(25) Board consideration of a County-Initiated Conditional Use Permit for a Specialty Pharmacy – This item was considered prior to Item #24 – See Above

(26) Board discussion and possible direction regarding COVID mitigation options to support the continuation of government services

Kevin Tanner, County Manager, addressed the Board and provided a PowerPoint presentation regarding COVID mitigation options to support the continuation of government services. The Board held a discussion. Charity Clark, Director of Personnel Services, and Molly Esswein, Jarrard & Davis, addressed the Board. There was a motion by Commissioner Semanson and a second by Commissioner John to approve the mitigation plan as presented. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

Chairman Mills requested that Chris Grimes, Emergency Management Agency Director, provide a presentation regarding COVID and the current status of Forsyth County at the next meeting of the Board.

(27) Board consideration of a Resolution Authorizing Bagby Lane to be converted to a cul-de-sac

Molly Esswein, Jarrard & Davis, and Tim Allen, Assistant Director of Engineering, addressed the Board. There was a motion by Commissioner Mills and a second by Commissioner Semanson to approve the Resolution authorizing Bagby Lane to be converted to a cul-de-sac as presented. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

(28) Board consideration of City of Cumming annexation of parcels 196-001 and 196-002 (+/- 54.223 Acres of Land)

Molly Esswein, Jarrard & Davis, addressed the Board and provided a PowerPoint presentation. There was a motion by Commissioner Semanson and a second by Commissioner Levent to direct staff to draft a letter of objection regarding the annexation request for discussion and presentation at the Work Session of September 21, 2021. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

(29) Board consideration of City of Cumming annexation of parcel C01-008 (+/- 0.9 Acres of Land)

Molly Esswein, Jarrard & Davis, addressed the Board and provided a PowerPoint presentation regarding a proposed City of Cumming annexation of parcel C01-008 (+/- 0.9 Acres of Land). There was a motion by Commissioner Mills and a second by Commissioner Semanson to postpone this item to the Work Session of September 21, 2021 for further discussion and consideration. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

There was a motion by Commissioner Semanson and a second by Commissioner John to recess the Work Session and enter into Executive Session for the purposes of Litigation, Land Acquisition and/or Personnel. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

The County Attorney announced that no Open Session Items would follow the Executive Session.

There was a motion by Commissioner John and a second by Commissioner Semanson to come out of recess and reconvene the Work Session. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).

There was a motion by Commissioner John and a second by Commissioner Semanson to adjourn. Motion carried with four members in favor (Mills, John, Levent and Semanson) and one member absent (Cooper).


____________________________
Clerk/Deputy Clerk of Commission

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



____________________________________________
CINDY J. MILLS, CHAIRMAN


____________________________________________
MOLLY COOPER, VICE CHAIRMAN


____________________________________________
ALFRED JOHN, SECRETARY


____________________________________________
TODD LEVENT, MEMBER


____________________________________________
LAURA SEMANSON, MEMBER

For detailed information concerning this meeting please reference the streaming video located on the Forsyth County Web site at www.forsythco.com.