FORSYTH COUNTY BOARD OF COMMISSIONERS WORK SESSION MARCH 8, 2022 On Tuesday, March 8, 2022 at 2:00 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: Alfred John – Chairman, Molly Cooper – Vice Chairman, Todd Levent – Secretary, Cindy Jones Mills – Member, Laura Semanson – Member, Kevin Tanner – County Manager, Ken Jarrard – County Attorney and Rhonda Hansard – County Clerk. THE FORSYTH COUNTY BOARD OF COMMISSIONERS WORK SESSION ON MARCH 8, 2022 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 AGENDA WORK SESSION FORSYTH COUNTY BOARD OF COMMISSIONERS TUESDAY, MARCH 8, 2022 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 authorization for the Sheriff’s Office to accept the award of the Criminal Justice Coordinating Council FY2022 Residential Substance Abuse Program (RSAT) in the amount of $199,491.00 with a required match of $49,873.00 for the Grant Period of March 1, 2022 to February 28, 2023 with authorization for the Chair to sign associated required documents and with approval of a Budget Resolution. Staff requests this Item be considered on a “Time Sensitive” basis - Grant Coordinator, Sheriff’s Office (2) Board consideration and authorization to accept the Judicial Council ARPA Grant Award in the amount of $693,298.00 with no required match with authorization for the Chair to sign award documentation and with approval of a Budget Resolution. Staff requests this Item be considered on a "Time Sensitive" basis - Administrator, Bell-Forsyth Judicial Court Work Session Page 2 March 8, 2022 (3) 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 (4) Board consideration and approval to renew the Motorola Service Agreement for four (4) tower locations and Public Safety Radio Equipment for the period of January 1, 2022 through December 31, 2022. Staff Recommendation: renew the Service Agreement in the amount of $638,320.48 with permission for the County Manager to sign the appropriate documents; 2022 Budget, various departments - Director, Emergency Management Agency (5) Board consideration and approval to award Bid 22-003-3150 to provide all labor, materials, and equipment to construct a Right Turn Lane on Trammel Road at SR 20 and to reconstruct the Pedestrian Signal Heads adjacent to the Right Turn Lane. Staff Recommendation: award to Excellere Construction, LLC in the amount of $143,000.00; SPLOST 8 - Director, Department of Engineering (6) Board consideration and approval to award Bid 22-004-3150 for Westminster Lane Storm Drain Sink Hole Repairs for the Department of Engineering. Staff Recommendation: award to Blount Construction Company, Inc. in the amount of $230,813.07; SPLOST 8. Staff requests this Item be considered on a "Time Sensitive" basis - Director, Department of Engineering (7) Board consideration and authorization to accept the Autism Speaks Local Impact Grant in the amount of $5,000.00 with authorization for the Chair to sign award documentation and with approval of a Budget Resolution - Therapeutic Recreation Supervisor, Department of Parks and Recreation (8) Board consideration and approval to award Bid 21-200-5211 for Landscaping, Grounds Maintenance, and Detention Pond Clearing at various County parks for calendar year 2022 for the Department of Parks and Recreation. Staff Recommendation: award to ACS Landscape Management in the not to exceed amount of $184,896.00 - Director, Department of Parks and Recreation (9) Board consideration and approval to award Bid 22-001-3340 for construction of New Water Transmission Mains at Keith Bridge Road and Hurt Bridge Road for the Department of Water and Sewer. Staff Recommendation: award to Unity Construction Company, Inc. in the amount of $14,764,115.00; Department of Water and Sewer Capital Budget - Director, Department of Water and Sewer (10) Board consideration and approval of a Professional Services Agreement with JEN Consulting, Inc. for Temporary Engineering Services on an as-needed basis for the Department of Water and Sewer. Staff Recommendation: approve Professional Services Agreement in the not to exceed amount of $50,000.00 - Director, Department of Water and Sewer (11) Board consideration and approval of a Second Amendment to (1) Agreement to Contribute Funds in Aid of Construction of a Regulated Public Wastewater Treatment Plant, (2) 99-Year Ground Lease of the Hampton Creek WRF to a Work Session Page 3 March 8, 2022 Regulated Public Utility, and (3) Sewer & Reuse Water Service Agreement between Waterscape Utility, LLC, Settendown Public Utility, LLC and Forsyth County to clarify the actual geographic boundaries of the "franchise area" and "service area" under the Agreement; amend the existing Trust Indenture; clarify the amount of gallons per day (GPD) sewer capacity the County has (County Allocation) now and in the future; and, increase and clarify the County's Monthly Sewer Treatment Charges - Assistant County Manager (McKee) (12) Board consideration and approval of Task Order #3 with Freese and Nichols, Inc. for providing Engineering Services for the design of approximately 49,000 linear feet (LF) of proposed gravity sewer main, force main, and pump station improvements to incentivize non-residential development for the American Rescue Act funded projects previously approved by the Board of Commissioners on October 21, 2021 (Consent Agenda (9)(I)). Staff Recommendation: approve Task Order #3 in the amount of $1,984,804.98 - Director, Department of Water and Sewer (13) Board consideration and adoption of the Grants Administration Policy and Procedures Handbook - Chief Financial Officer (14) Board consideration and possible direction regarding a County-Initiated Rezoning from Agricultural District (A1) to Commercial Business District (CBD) - Parcel 079-002 - District 3 - Director, Department of Planning and Community Development (15) Board consideration of UDC change to remove requirement of impervious parking areas in agriculturally zoned properties - Mills / Levent (16) Board consideration of a County-Initiated Conditional Use Permit (CUP) to operate a Contractor's Establishment on property that is currently zoned Highway Business located at 4250 Keith Bridge Road - District 4 - Mills / Levent (17) Board consideration of a County-Initiated rezoning from LR to A1 on property located at 5115 Archer Avenue - District 4 - Mills / Levent (18) Board appointment of Matthew McClure to the Development Authority - County Manager (19) Board consideration of City of Cumming annexation of parcels 196-001 and 196- 002 (+/- 54.223 Acres of Land) - County Attorney (20) Board consideration of a Resolution to condemn property interest in Tax Parcel 066-049 (Parcel #26 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Western B. Southeast GA, LLC) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $49,800.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney Work Session Page 4 March 8, 2022 (21) Board consideration of a Resolution to condemn property interest in Tax Parcel 066-043 (Parcel #27 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: BCI Bluegrass DC, LLC) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $36,900.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney (22) Board consideration of a Resolution to condemn property interest in Tax Parcel 066-026 (Parcel #37 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Windward VI Associates) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $145,000.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney (23) Board consideration of a Resolution to condemn property interest in Tax Parcel 066-024 (Parcel #38 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Windward V Associates) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $479,600.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney (24) Board consideration of a Resolution to condemn property interest in Tax Parcel 066-013 (Parcel #39 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Win/Forsyth Associates, LLP) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $19,000.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney (25) Board consideration of a Resolution to condemn property interest in Tax Parcel 066-010 (Parcel #57 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Alderman Gateway, LLC) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $532,800.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney (26) Board consideration of a Resolution to condemn property interest in Tax Parcel 066-019 (Parcel #58 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: ABM Industries, Inc.) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $230,00.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney (27) Board consideration of a Resolution to condemn property interest in Tax Parcel 066-018 (Parcel #59 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Windward III Associates) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $163,200.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney Work Session Page 5 March 8, 2022 (28) Board consideration of a Resolution to condemn property interest in Tax Parcel 066-021 (Parcel #70 of the McGinnis Ferry Road Widening Project; PI #0004634;Owners: McGinnis Ferry Owner, LLC) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $163,400.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney (29) Board consideration of a Resolution to condemn property interest in Tax Parcel 066-034 (Parcel #71 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: McGinnis Ferry Owner, LLC) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $19,900.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney (30) Board consideration of a Resolution to condemn property interest in Tax Parcel 067-005 (Parcel #072 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: National Retail Properties, LP) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $331,600.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney (31) Board consideration of a Resolution to condemn property interest in Tax Parcel 067-007 (Parcel #073 of the McGinnis Ferry Road Widening Project; PI #0004634;Owners: Flynn Crossing Station, LLC) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $559,100.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney (32) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-223 (Parcel #80 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: SARC US, LLC) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $151,200.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney (33) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-220 (Parcel #081 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: SLB Real Estate Corporation) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $244,800.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney (34) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-262 (Parcel #082 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: W.D.Clark, LLC) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $765,500.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney Work Session Page 6 March 8, 2022 (35) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-007 (Parcel #093 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: CAH Holdings, LLC) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $154,200.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney (36) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-097 (Parcel #094 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: McGinnis Woods Properties, LLC) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $79,500.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney (37) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-018 (Parcel #105 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: RSK Polk, LLC) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $709,800.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney (38) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-020 (Parcel #106 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Alpharetta Real Estate Investments, LLC) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $588,600.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney (39) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-021 (Parcel #114 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Mark Allen Pierce) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $47,900.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney (40) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-087 (Parcel #117 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Kevin H. Hazelett and Kerri K. Hazelett) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $342,300.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney (41) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-138 (Parcel #120 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Christopher Long and Catherine Long) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $94,800.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney Work Session Page 7 March 8, 2022 (42) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-139 (Parcel #129 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Toram Somesh Naidu and Harshita Sevana) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $43,200.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney (43) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-100 (Parcel #130 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Cynthia Beck and Gavin Beck) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $7,900.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney (44) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-101 (Parcel #131 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Carlos Vargas and Hazel Badilla) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $37,800.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney (45) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-102 (Parcel #132 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Xinrong Zheng and Xiuming Wei) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $35,300.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney (46) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-104 (Parcel #134 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Mark Cammarota and Mary Cammarota with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $28,700.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney (47) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-105 (Parcel #135 of the McGinnis Ferry Road Widening Project; PI #0004634; Owner: Bobbi Jo Garvel) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $24,900.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney (48) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-106 (Parcel #136 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Brent L. Weatherford and Cynthia T. Weatherford) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $42,800.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney Work Session Page 8 March 8, 2022 (49) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-107 (Parcel #137 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Richard R. Evarts, Jr. and Esperanza B. Evarts) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $4,100.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney (50) Board consideration of a Resolution to condemn property interest in Tax Parcel 113-400 (Parcel #138 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: The Plantation and Preserve at Brookwood Homeowners Association, Inc.) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $130,200.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney (51) Board consideration of a Resolution to condemn property interest in Tax Parcel 113-034 (Parcel #139 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Cross Plains Baptist Church of Forsyth County, Inc.) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $78,100.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney (52) Board consideration of a Resolution to condemn property interest in Tax Parcel 114-047 (Parcel #158 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Athena B. Treptow Living Trust) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $18,200.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney VI. Recess Work Session VII. Executive Session (if needed) VIII. Adjournment Chairman John recognized a quorum and called the meeting to order. The Invocation and Pledge of Allegiance were led by Vivian Vakili, Director of Building & Economic Development. ADOPTION OF AGENDA There was a motion by Commissioner Levent and a second by Commissioner Semanson to postpone Item #9 (Board consideration and approval to award Bid 22-001-3340 for construction of New Water Transmission Mains at Keith Bridge Road and Hurt Bridge Road for the Department of Water and Sewer. Staff Recommendation: award to Unity Construction Company, Inc. in the amount of $14,764,115.00; Department of Water and Sewer Capital Work Session Page 9 March 8, 2022 Budget) to the Work Session of March 22, 2022 at the request of the County Manager. Motion carried unanimously. There was a motion by Commissioner Semanson and a second by Commissioner Mills to move Item #19 (Board consideration of City of Cumming annexation of parcels 196-001 and 196-002 (+/- 54.223 Acres of Land)) to be heard prior to Item #1 at the request of the County Attorney. Motion carried unanimously. There was a motion by Commissioner John and a second by Commissioner Levent to combine Item #20 through Item #52 under a single Agenda tab to be considered ‘en gross’ at the request of the County Attorney. Motion carried unanimously. There was a motion by Commissioner Cooper and a second by Commissioner Semanson to adopt the agenda as amended. Motion carried unanimously. UNDER ANNOUNCEMENTS AND REPORTS THE FOLLOWING ACTIONS WERE TAKEN: None UNDER ITEMS FOR CONSIDERATION AND DISCUSSION THE FOLLOWING ACTIONS WERE TAKEN: (19) 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 regarding the City of Cumming annexation of Parcels 196-001 and 196- 002 (+/- 54.223 Acres of Land). There was a motion by Commissioner Cooper and a second by Commissioner Semanson to postpone this item to the Work Session of March 22, 2022 with authorization for the County Attorney’s office to draft an Objection Letter for review and discussion at said Work Session and that this item is approved as time sensitive. Motion carried unanimously. (1) Board consideration and authorization for the Sheriff’s Office to accept the award of the Criminal Justice Coordinating Council FY2022 Residential Substance Abuse Program (RSAT) in the amount of $199,491.00 with a required match of $49,873.00 for the Grant Period of March 1, 2022 to February 28, 2023 with authorization for the Chair to sign associated required documents and with approval of a Budget Resolution. Staff requests this Item be considered on a “Time Sensitive” basis Dabney Brand, Sheriff’s Office Grant Coordinator, addressed the Board. There was a motion by Commissioner Mills and a second by Commissioner John to authorize the Sheriff’s Office to accept the award of the Criminal Justice Coordinating Council FY2022 Residential Substance Abuse Program (RSAT) in the amount of $199,491.00 with a required match of $49,873 for the Grant Period of March 1, 2022 to February 28, 2023 with authorization for the Chair to sign associated required documents and with approval of a Budget Resolution and that this item is approved as time sensitive. Motion carried unanimously. Work Session Page 10 March 8, 2022 (2) Board consideration and authorization to accept the Judicial Council ARPA Grant Award in the amount of $693,298.00 with no required match with authorization for the Chair to sign award documentation and with approval of a Budget Resolution. Staff requests this Item be considered on a "Time Sensitive" basis Robin Rooks, Bell-Forsyth Judicial Court Administrator, addressed the Board. There was a motion by Commissioner Semanson and a second by Commissioner Mills to authorize the acceptance of the Judicial Council ARPA Grant Award in the amount of $693,298 with no required match with authorization for the Chair to sign award documentation and with approval of a Budget Resolution as presented and that this item is approved as time sensitive. Motion carried unanimously. (3) Board consideration and approval to declare list of items as surplus with authorization for the Department of Procurement to dispose of accordingly Tyra Little, Procurement Director, addressed the Board. There was a motion by Commissioner Mills and a second by Commissioner Cooper to declare the provided list of items as surplus with authorization for the Department of Procurement to dispose of accordingly. Motion carried unanimously. (4) Board consideration and approval to renew the Motorola Service Agreement for four (4) tower locations and Public Safety Radio Equipment for the period of January 1, 2022 through December 31, 2022. Staff Recommendation: renew the Service Agreement in the amount of $638,320.48 with permission for the County Manager to sign the appropriate documents; 2022 Budget, various departments Chris Grimes, Emergency Management Agency Director, addressed the Board. A copy of the Radio Maintenance Breakdown was displayed. There was a motion by Commissioner Cooper and a second by Commissioner Levent to renew the Motorola Service Agreement with Motorola Solutions, Inc. in the amount of $638,320.48 for four tower locations and Public Safety Radio Equipment for the period of January 1, 2022 through December 31, 2022 as presented with permission for the County Manager to sign the appropriate documents. Motion carried unanimously. (5) Board consideration and approval to award Bid 22-003-3150 to provide all labor, materials, and equipment to construct a Right Turn Lane on Trammel Road at SR 20 and to reconstruct the Pedestrian Signal Heads adjacent to the Right Turn Lane. Staff Recommendation: award to Excellere Construction, LLC in the amount of $143,000.00; SPLOST 8 Tim Allen, Assistant Director of Engineering, addressed the Board. There was a motion by Commissioner Semanson and a second by Commissioner Levent to award Bid 22- 003-3150 to Excellere Construction, LLC in the amount of $143,000 to provide all labor, materials, and equipment to construct a Right Turn Lane on Trammel Road at SR 20 and to reconstruct the Pedestrian Signal Heads adjacent to the Right Turn Lane as presented. Motion carried unanimously. (6) Board consideration and approval to award Bid 22-004-3150 for Westminster Lane Storm Drain Sink Hole Repairs for the Department of Engineering. Staff Work Session Page 11 March 8, 2022 Recommendation: award to Blount Construction Company, Inc. in the amount of $230,813.07; SPLOST 8. Staff requests this Item be considered on a "Time Sensitive" basis Tim Allen, Assistant Director of Engineering, addressed the Board. There was a motion by Commissioner John and a second by Commissioner Semanson to award Bid 22-004- 3150 to Blount Construction Company, Inc. in the amount of $230,813.07 for the Westminster Lane Storm Drain Sink Hole Repairs for the Department of Engineering and that this item is approved as time sensitive. Motion carried unanimously. (7) Board consideration and authorization to accept the Autism Speaks Local Impact Grant in the amount of $5,000.00 with authorization for the Chair to sign award documentation and with approval of a Budget Resolution Jeff Jones, Parks & Recreation Therapeutic Recreation Supervisor, addressed the Board. There was a motion by Commissioner Semanson and a second by Commissioner Mills to accept the Autism Speaks Local Impact Grant in the amount of $5,000 with authorization for the Chair to sign award documentation and with approval of a Budget Resolution. Motion carried unanimously. (8) Board consideration and approval to award Bid 21-200-5211 for Landscaping, Grounds Maintenance, and Detention Pond Clearing at various County parks for calendar year 2022 for the Department of Parks and Recreation. Staff Recommendation: award to ACS Landscape Management in the not to exceed amount of $184,896.00 Jim Pryor, Director of Parks & Recreation, addressed the Board. There was a motion by Commissioner Semanson and a second by Commissioner Mills to award Bid 21-200- 5211 to ACS Landscape Management in the not to exceed amount of $184,896 for Landscaping, Grounds Maintenance, and Detention Pond Clearing at various County parks for calendar year 2022. Motion carried unanimously. (9) Board consideration and approval to award Bid 22-001-3340 for construction of New Water Transmission Mains at Keith Bridge Road and Hurt Bridge Road for the Department of Water and Sewer. Staff Recommendation: award to Unity Construction Company, Inc. in the amount of $14,764,115.00; Department of Water and Sewer Capital Budget – Postponed [during adoption of the Agenda] to the Work Session of March 22, 2022 (10) Board consideration and approval of a Professional Services Agreement with JEN Consulting, Inc. for Temporary Engineering Services on an as-needed basis for the Department of Water and Sewer. Staff Recommendation: approve Professional Services Agreement in the not to exceed amount of $50,000.00 Barry Lucas, Director of Water & Sewer, addressed the Board. There was a motion by Commissioner Cooper and a second by Commissioner Mills to approve the Professional Services Agreement with JEN Consulting, Inc. in the not to exceed amount of $50,000 for Temporary Engineering Services on an as-needed basis as presented. Motion carried unanimously. Work Session Page 12 March 8, 2022 (11) Board consideration and approval of a Second Amendment to (1) Agreement to Contribute Funds in Aid of Construction of a Regulated Public Wastewater Treatment Plant, (2) 99-Year Ground Lease of the Hampton Creek WRF to a Regulated Public Utility, and (3) Sewer & Reuse Water Service Agreement between Waterscape Utility, LLC, Settendown Public Utility, LLC and Forsyth County to clarify the actual geographic boundaries of the "franchise area" and "service area" under the Agreement; amend the existing Trust Indenture; clarify the amount of gallons per day (GPD) sewer capacity the County has (County Allocation) now and in the future; and, increase and clarify the County's Monthly Sewer Treatment Charges David McKee, Assistant County Manager, addressed the Board and provided a PowerPoint presentation. Kevin Tanner, County Manager, and Barry Lucas, Director of Water & Sewer, addressed the Board. There was a motion by Commissioner Mills and a second by Commissioner Cooper to approve a Second Amendment to (1) Agreement to Contribute Funds in Aid of Construction of a Regulated Public Wastewater Treatment Plant, (2) 99-Year Ground Lease of the Hampton Creek WRF to a Regulated Public Utility, and (3) Sewer & Reuse Water Service Agreement between Waterscape Utility, LLC, Settendown Public Utility, LLC and Forsyth County to clarify the actual geographic boundaries of the "franchise area" and "service area" under the Agreement; amend the existing Trust Indenture; clarify the amount of gallons per day (GPD) sewer capacity the County has (County Allocation) now and in the future; and, increase and clarify the County's Monthly Sewer Treatment Charges. Motion carried unanimously. (12) Board consideration and approval of Task Order #3 with Freese and Nichols, Inc. for providing Engineering Services for the design of approximately 49,000 linear feet (LF) of proposed gravity sewer main, force main, and pump station improvements to incentivize non-residential development for the American Rescue Act funded projects previously approved by the Board of Commissioners on October 21, 2021 (Consent Agenda (9)(I)). Staff Recommendation: approve Task Order #3 in the amount of $1,984,804.98 Barry Lucas, Director of Water & Sewer, addressed the Board. A Sewer Overview Map and Exhibits 1 through 4 were displayed. David McKee, Assistant County Manager, addressed the Board. There was a motion by Commissioner Mills and a second by Commissioner Cooper to approve Task Order #3 with Freese and Nichols, Inc. in the amount of $1,984,804.98 for providing Engineering Services for the design of approximately 49,000 linear feet (LF) of proposed gravity sewer main, force main, and pump station improvements to incentivize non-residential development for the American Rescue Act as presented by staff. Motion carried unanimously. (13) Board consideration and adoption of the Grants Administration Policy and Procedures Handbook Marcus Turk, Chief Financial Officer, addressed the Board. There was a motion by Commissioner Semanson and a second by Commissioner Levent to adopt the Grants Administration Policy and Procedures Handbook as presented by staff. Motion carried unanimously. Work Session Page 13 March 8, 2022 (14) Board consideration and possible direction regarding a County-Initiated Rezoning from Agricultural District (A1) to Commercial Business District (CBD) - Parcel 079- 002 - District 3 Tom Brown, Director of Planning & Community Development, addressed the Board. An approval letter from July 10, 1984 was displayed. Ken Jarrard, County Attorney, addressed the Board. There was a motion by Commissioner Levent and a second by Commissioner Semanson to authorize staff to proceed with the Public Hearing process regarding a County-Initiated Rezoning from Agricultural District (A1) to Commercial Business District (CBD) - Parcel 079-002. Motion carried unanimously. (15) Board consideration of UDC change to remove requirement of impervious parking areas in agriculturally zoned properties Tom Brown, Director of Planning & Community Development, addressed the Board. The proposed amendment to Chapter 17 Section 5.3 of the Unified Development Code was displayed. John Cunard, Director of Engineering, Ken Jarrard, County Attorney, and Kevin Tanner, County Manager, addressed the Board. Mr. Jarrard recommended the following revision to the displayed proposal: changing “For Purposed of 17-5.3(ii),…” to “For Purposes of 17-5.3(ii),…”. There was a motion by Commissioner Mills and a second by Commissioner Levent to authorize staff to proceed with the Public Hearing process regarding removing the requirement of impervious parking areas in agriculturally zoned properties within the Unified Development Code as stated by Counsel and to make the correction in language as requested by the County Attorney. Motion carried unanimously. (16) Board consideration of a County-Initiated Conditional Use Permit (CUP) to operate a Contractor's Establishment on property that is currently zoned Highway Business located at 4250 Keith Bridge Road Tom Brown, Director of Planning & Community Development, addressed the Board. A GIS Map was displayed. Alex Bagley, Blue Mountain Mechanical, LLC Owner/Director of Sales, was recognized and addressed the Board. There was a motion by Commissioner Mills and a second by Commissioner Levent to authorize staff to proceed with the Public Hearing process regarding a County-Initiated Conditional Use Permit (CUP) to operate a Contractor's Establishment on property that is currently zoned Highway Business located at 4250 Keith Bridge Road. Motion carried unanimously. (17) Board consideration of a County-Initiated rezoning from LR to A1 on property located at 5115 Archer Avenue - District 4 Tom Brown, Director of Planning & Community Development, addressed the Board. There was a motion by Commissioner Mills and a second by Commissioner Cooper to authorize staff to proceed with the Public Hearing process regarding a County-Initiated rezoning from LR to A1 on property located at 5115 Archer Avenue. Motion carried unanimously. Work Session Page 14 March 8, 2022 (18) Board appointment of Matthew McClure to the Development Authority Kevin Tanner, County Manager, addressed the Board. There was a motion by Commissioner Cooper and a second by Commissioner Semanson to appoint Matthew McClure to the Development Authority. Motion carried unanimously. (19) Board consideration of City of Cumming annexation of parcels 196-001 and 196- 002 (+/- 54.223 Acres of Land) – This item was moved [during adoption of the Agenda] prior to Item #1 – See Page #9 for action taken The Board voted unanimously [during adoption of the Agenda] to combine Item #20 through Item #52 under a single Agenda tab to be considered ‘en gross’. See Page #18 for action taken regarding these items. Commissioner John left the meeting. Commissioner John returned to the meeting. (20) Board consideration of a Resolution to condemn property interest in Tax Parcel 066-049 (Parcel #26 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Western B. Southeast GA, LLC) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $49,800.00. Staff requests this Item be considered on a “Time Sensitive” basis (21) Board consideration of a Resolution to condemn property interest in Tax Parcel 066-043 (Parcel #27 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: BCI Bluegrass DC, LLC) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $36,900.00. Staff requests this Item be considered on a “Time Sensitive” basis (22) Board consideration of a Resolution to condemn property interest in Tax Parcel 066-026 (Parcel #37 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Windward VI Associates) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $145,000.00. Staff requests this Item be considered on a “Time Sensitive” basis (23) Board consideration of a Resolution to condemn property interest in Tax Parcel 066-024 (Parcel #38 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Windward V Associates) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $479,600.00. Staff requests this Item be considered on a “Time Sensitive” basis (24) Board consideration of a Resolution to condemn property interest in Tax Parcel 066-013 (Parcel #39 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Win/Forsyth Associates, LLP) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $19,000.00. Staff requests this Item be considered on a “Time Sensitive” basis Work Session Page 15 March 8, 2022 (25) Board consideration of a Resolution to condemn property interest in Tax Parcel 066-010 (Parcel #57 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Alderman Gateway, LLC) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $532,800.00. Staff requests this Item be considered on a “Time Sensitive” basis (26) Board consideration of a Resolution to condemn property interest in Tax Parcel 066-019 (Parcel #58 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: ABM Industries, Inc.) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $230,00.00. Staff requests this Item be considered on a “Time Sensitive” basis (27) Board consideration of a Resolution to condemn property interest in Tax Parcel 066-018 (Parcel #59 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Windward III Associates) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $163,200.00. Staff requests this Item be considered on a “Time Sensitive” basis (28) Board consideration of a Resolution to condemn property interest in Tax Parcel 066-021 (Parcel #70 of the McGinnis Ferry Road Widening Project; PI #0004634;Owners: McGinnis Ferry Owner, LLC) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $163,400.00. Staff requests this Item be considered on a “Time Sensitive” basis (29) Board consideration of a Resolution to condemn property interest in Tax Parcel 066-034 (Parcel #71 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: McGinnis Ferry Owner, LLC) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $19,900.00. Staff requests this Item be considered on a “Time Sensitive” basis (30) Board consideration of a Resolution to condemn property interest in Tax Parcel 067-005 (Parcel #072 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: National Retail Properties, LP) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $331,600.00. Staff requests this Item be considered on a “Time Sensitive” basis (31) Board consideration of a Resolution to condemn property interest in Tax Parcel 067-007 (Parcel #073 of the McGinnis Ferry Road Widening Project; PI #0004634;Owners: Flynn Crossing Station, LLC) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $559,100.00. Staff requests this Item be considered on a “Time Sensitive” basis (32) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-223 (Parcel #80 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: SARC US, LLC) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $151,200.00. Staff requests this Item be considered on a “Time Sensitive” basis Work Session Page 16 March 8, 2022 (33) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-220 (Parcel #081 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: SLB Real Estate Corporation) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $244,800.00. Staff requests this Item be considered on a “Time Sensitive” basis (34) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-262 (Parcel #082 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: W.D.Clark, LLC) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $765,500.00. Staff requests this Item be considered on a “Time Sensitive” basis (35) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-007 (Parcel #093 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: CAH Holdings, LLC) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $154,200.00. Staff requests this Item be considered on a “Time Sensitive” basis (36) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-097 (Parcel #094 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: McGinnis Woods Properties, LLC) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $79,500.00. Staff requests this Item be considered on a “Time Sensitive” basis (37) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-018 (Parcel #105 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: RSK Polk, LLC) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $709,800.00. Staff requests this Item be considered on a “Time Sensitive” basis (38) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-020 (Parcel #106 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Alpharetta Real Estate Investments, LLC) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $588,600.00. Staff requests this Item be considered on a “Time Sensitive” basis (39) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-021 (Parcel #114 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Mark Allen Pierce) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $47,900.00. Staff requests this Item be considered on a “Time Sensitive” basis (40) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-087 (Parcel #117 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Kevin H. Hazelett and Kerri K. Hazelett) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate Work Session Page 17 March 8, 2022 compensation: $342,300.00. Staff requests this Item be considered on a “Time Sensitive” basis (41) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-138 (Parcel #120 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Christopher Long and Catherine Long) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $94,800.00. Staff requests this Item be considered on a “Time Sensitive” basis (42) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-139 (Parcel #129 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Toram Somesh Naidu and Harshita Sevana) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $43,200.00. Staff requests this Item be considered on a “Time Sensitive” basis (43) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-100 (Parcel #130 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Cynthia Beck and Gavin Beck) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $7,900.00. Staff requests this Item be considered on a “Time Sensitive” basis (44) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-101 (Parcel #131 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Carlos Vargas and Hazel Badilla) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $37,800.00. Staff requests this Item be considered on a “Time Sensitive” basis (45) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-102 (Parcel #132 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Xinrong Zheng and Xiuming Wei) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $35,300.00. Staff requests this Item be considered on a “Time Sensitive” basis (46) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-104 (Parcel #134 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Mark Cammarota and Mary Cammarota with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $28,700.00. Staff requests this Item be considered on a “Time Sensitive” basis (47) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-105 (Parcel #135 of the McGinnis Ferry Road Widening Project; PI #0004634; Owner: Bobbi Jo Garvel) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $24,900.00. Staff requests this Item be considered on a “Time Sensitive” basis Work Session Page 18 March 8, 2022 (48) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-106 (Parcel #136 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Brent L. Weatherford and Cynthia T. Weatherford) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $42,800.00. Staff requests this Item be considered on a “Time Sensitive” basis (49) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-107 (Parcel #137 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Richard R. Evarts, Jr. and Esperanza B. Evarts) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $4,100.00. Staff requests this Item be considered on a “Time Sensitive” basis (50) Board consideration of a Resolution to condemn property interest in Tax Parcel 113-400 (Parcel #138 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: The Plantation and Preserve at Brookwood Homeowners Association, Inc.) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $130,200.00. Staff requests this Item be considered on a “Time Sensitive” basis (51) Board consideration of a Resolution to condemn property interest in Tax Parcel 113-034 (Parcel #139 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Cross Plains Baptist Church of Forsyth County, Inc.) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $78,100.00. Staff requests this Item be considered on a “Time Sensitive” basis (52) Board consideration of a Resolution to condemn property interest in Tax Parcel 114-047 (Parcel #158 of the McGinnis Ferry Road Widening Project; PI #0004634; Owners: Athena B. Treptow Living Trust) with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $18,200.00. Staff requests this Item be considered on a “Time Sensitive” basis Priya Patel, Jarrard & Davis, addressed the Board and provided a presentation regarding Agenda Items #20 through Item #52, with her specifying the interest in land being condemned, the specific parcel identification, the owner, and the amount of just and adequate compensation. There was a motion by Commissioner John and a second by Commissioner Cooper to approve Item #20 through Item #52 as presented and as set forth in the Agenda Book and that these items are approved as time sensitive. Motion carried unanimously. There was a motion by Commissioner Semanson and a second by Commissioner Cooper to adjourn. Motion carried unanimously. Work Session Page 19 March 8, 2022 ____________________________ Clerk/Deputy Clerk of Commission The above and foregoing Minutes are hereby certified as being correct and ordered recorded. ____________________________________________ ALFRED JOHN, CHAIRMAN ____________________________________________ MOLLY COOPER, VICE CHAIRMAN ____________________________________________ TODD LEVENT, SECRETARY ____________________________________________ CINDY J. MILLS, 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.