FORSYTH COUNTY BOARD OF COMMISSIONERS WORK SESSION FEBRUARY 22, 2022 On Tuesday, February 22, 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 FEBRUARY 22, 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, FEBRUARY 22, 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 (1) Presentation by Assistant County Manager regarding the County's Customer Service Survey - Assistant County Manager (Kenney) (2) Presentation of a Retirement Award to Donald H. "Donnie" Whitmire - County Manager V. Items for Consideration and Discussion (1) Board consideration and authorization for the Chairman to sign the annual Equitable Sharing Agreement and Certification. Staff requests this Item be considered on a "Time Sensitive" basis - Director, Sheriff’s Office (2) Board acceptance of the Georgia Public Defender Council funding by ARPA in the amount of $83,334.00 with no County match. Staff requests this Item be considered on a "Time Sensitive" basis - Administrator, Indigent Defense Work Session Page 2 February 22, 2022 (3) Board consideration and approval to declare the 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 of a Hardware Warranty Agreement by and between Dominion Voting Systems, Inc. and Forsyth County in the not to exceed amount of $105,743.00 for voting machines for the Department of Voter Registrations and Elections with authorization for the County Manager to sign said Agreement and all associated documentation - Director, Department of Voter Registrations and Elections (5) Board consideration and approval to award RFP 21-195-3401 for Acceptance of Recycled Material for the Department of Recycling and Solid Waste. Staff Recommendation: award RFP 21-195-3401 to Advanced Disposal Recycling Services Atlanta, LLC with permission for the County Manager to sign the finalized Agreement - Manager of Environmental Programs, Department of Recycling and Solid Waste (6) Board consideration and approval to award RFP 21-146-2410 for a Fire Station Alerting Solution for the Fire Department. Staff Recommendation: award RFP 21-146-2410 to Purvis Systems, Inc. in the not to exceed amount of $1,033,609.69 with permission to continue the annual software licensing and maintenance renewals (based upon business need) for the life of the software and with authorization for the County Manager to sign the finalized Agreement; Splost 8 - Fire Chief (7) Board consideration and approval of a Construction Services Agreement with Delta Municipal Supply Company in the amount of $18,986,926.00 for Advanced Metering Infrastructure (AMI) Meters and System Installation for the Department of Water and Sewer - Director, Department of Water and Sewer (8) Board consideration and approval of a Master Services Agreement with Delta Municipal Supply Company in the not to exceed amount of $12,936,562.30 for Advanced Metering Infrastructure (AMI) Ongoing Operations and Maintenance - Network-as-a-Service and Software-as-a-Service Agreements - Director, Department of Water and Sewer (9) Board consideration and approval to award RFP 21-201-3300 for annual Sanitary Sewer Flow Monitoring Services for the Department of Water and Sewer. Staff Recommendation: award RFP 21-201-3300 to CSL Services, Inc. in the amount of $163,528.00; Department of Water and Sewer 2022 Budget - Director, Department of Water and Sewer (10) Board consideration and approval of a Change Order with K-Team Engineering and Construction for installation and connection of water and sewer utilities for the Matt Schoolhouse Phase 1 Renovation. Staff Recommendation: approve Change Order with K-Team Engineering and Construction in the amount of $46,300.00; Matt Community Building Capital Budget - Director, Department of Public Facilities Work Session Page 3 February 22, 2022 (11) Board consideration and approval of a Second Amendment to the Lease Agreement between Bennett Capital Partners LLC and Forsyth County to extend the term of the lease for 327 Dahlonega Street, Suite 601b, Cumming, GA 30040 (Tanyard Oaks Office Park) from May 1, 2022 to August 31, 2022. Said location is used by Juvenile Justice Therapists who will relocate to the new Juvenile Justice Facility when it is completed and ready for occupancy - Director, Department of Public Facilities (12) Board consideration and approval of a Change Order with Gaskins Surveying Company in the amount of $6,000.00 for Survey Services to cover the additional adjacent northern property of the Freedom Parkway Tract; County Campus Capital Budget - Director, Department of Capital Projects (13) Board consideration and approval to award RFQ 21-182-1510 to provide all labor, materials, and equipment for Engineering and Design Services for the Forsyth County Whole Health Center. Staff Recommendation: award RFQ 21- 182-1510 to Jericho Design Group in the amount of $1,667,250.00; Department of Capital Projects 2022 Budget - Director, Department of Capital Projects (14) Board consideration and approval of a Task Order with Hayes, James & Associates Inc. to provide Architectural and Engineering Services for the Water and Sewer Maintenance Warehouse Project. Staff Recommendation: approve Task Order in the amount of $249,550.00; Department of Capital Projects 2022 Budget - Director, Department of Capital Projects (15) Board consideration and approval of Task Order 23-Amendment 1 with CH2M Hill, Inc. regarding Lake Lanier Water Quality Sampling - Capital Improvement Projects Manager, Department of Capital Projects (16) Board consideration and approval of a Temporary Construction Easement and a Permanent Easement with Orchards of Central Park, LLLP for the Central Park Recreation Center gravity sewer connection to the adjacent residential development’s sewer infrastructure - Director, Department of Capital Projects (17) Presentation to Board regarding the Site Plan for the new County Campus - Director, Department of Capital Projects (18) Board consideration and possible direction regarding a County-Initiated Conditional Use Permit (CUP) to conduct around the clock business on property currently zoned Restricted Industrial District (M1) with a variance to reduce the number of parking spaces - Parcel 140-072 - District 2 - John / Semanson (19) Board consideration and possible direction regarding a County-Initiated Amendment of Zoning Conditions on ZA1421 (Technology Park/Atlanta, Inc.) to reduce the 50 ft. planted exterior buffer on the northern property boundary only - Parcel 140-072 - District 2 - John / Semanson Work Session Page 4 February 22, 2022 (20) Board consideration and possible direction regarding a County-Initiated rezoning from A1, CBD, and HB to M1 with conditional use permits (CUPs) and variances for parcels 235-045, 235-056, 235-036, and 235-218 - Mills / Levent (21) Board consideration of authorizing a Resolution, letter, or other formal communication to its local delegation to the General Assembly voicing opposition to HB1093 and SB494; bills aimed at preempting local governments from regulating Build to Rent Communities - John / Levent (22) Board consideration and approval of a Resolution declaring surplus and authorizing disposal of an air monitoring station that has been operating at or near Eagle's Beak Park in accord with a Memorandum of Understanding between Forsyth County and the Georgia Environmental Protection Division - Assistant County Manager (McKee) (23) Board consideration to appoint Maria Villalon to the Administrative Committee. Said appointment is for the Employee At-Large Member position that was vacated due to retirement and is for a four-year term or until employment with the County terminates - County Manager (24) Board consideration of a Resolution requesting that the Forsyth local delegation to the General Assembly sponsor local legislation increasing the County’s Hotel/Motel Excise Tax from 5% to 8%. Staff requests this Item be considered on a "Time Sensitive" basis - County Manager (25) Board ratification of a Purchase Agreement for 2,625.11 of Permanent Construction and Maintenance Easement in the amount of $22,706.75 needed for Parcel 151 of the McGinnis Ferry Road Widening Project (PI #0004634) (owners: Richard Wilmath and Susan Wilmath). 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 090-010 (Parcel #96 of the McGinnis Ferry Road Widening Project (PI #0004634) Owners: Lord of Life Lutheran Church of Alpharetta, Inc. with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $51,100.00, 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 090-172 (Parcel #97 of the McGinnis Ferry Road Widening Project (PI #0004634) Owners: Oaktree Land Investments, LLC with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $272,600.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney (28) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-174 (Parcel #104 of the McGinnis Ferry Road Widening Project (PI #0004634) Owners: BME McGinnis Ferry, LLC with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate Work Session Page 5 February 22, 2022 compensation: $420,500.00. 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 090-022 (Parcel #115 of the McGinnis Ferry Road Widening Project (PI #0004634) Owners: Husson Properties, LLC with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $25,600.00. 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 090-045 (Parcel #118 of the McGinnis Ferry Road Widening Project (PI #0004634) Owners: Jered Byars Brown with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $332,200.00. 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 090-103 (Parcel #133 of the McGinnis Ferry Road Widening Project (PI #0004634) Owners: Gregory A. Maze and Diane K. Maze with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $58,000.00. 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 113-427 (Parcel #150 of the McGinnis Ferry Road Widening Project (PI #0004634) Owners: Kevin Kotellos and Theresa Dawn Schmitz-Kotellos with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $15,000.00. 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 114-065 (Parcel #155 of the McGinnis Ferry Road Widening Project (PI #0004634) Owners: Mark Loftus and Renee Loftus with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $20,900.00. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney (34) Board ratification of Right-of-Way Settlement Authorization executed by the Forsyth County Attorney, Forsyth County Capital Projects Director, and the Forsyth County Manager for Parcel 156 of the McGinnis Ferry Road Widening Project (PI #0004634) (owners: Brian A. Brooks and Dianna V. Brooks). Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney (35) Board ratification of Right-of-Way Settlement Authorization executed by the Forsyth County Attorney, Forsyth County Capital Projects Director, and the Forsyth County Manager for Parcel 118 of the McGinnis Ferry Road Widening Project (PI #0004634) (owner: Jered Byars Brown). Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney Work Session Page 6 February 22, 2022 VI. Recess Work Session VII. Executive Session (if needed) VIII. Open Session following Executive Session (1) Board consideration and approval of a Fourth Addendum to the Right-of-Entry Agreement for Ronald Reagan Extension (PI #PEN 12) Parcel 7. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney (2) Board approval and signature of a Settlement Agreement & Release dated February 16, 2022, between Hanover Community Association, Inc. and Forsyth County, Georgia, in the amount of $66,000.00 to settle the dispute and claims by Hanover against the County pursuant to the terms of the Settlement Agreement & Release; Union Hill Road Expansion Project. Staff requests this Item be considered on a “Time Sensitive” basis - County Attorney IX. Adjournment Chairman John recognized a quorum and called the meeting to order. The Invocation and Pledge of Allegiance were led by Tommy Bruce, Deputy Director of Parks & Recreation. ADOPTION OF AGENDA There was a motion by Commissioner Semanson and a second by Commissioner Mills to adopt the agenda as presented. Motion carried unanimously. UNDER ANNOUNCEMENTS AND REPORTS THE FOLLOWING ACTIONS WERE TAKEN: (1) Presentation by Assistant County Manager regarding the County's Customer Service Survey Brandon Kenney, Assistant County Manager, made a presentation regarding the County’s Customer Service Survey. A copy of the results was displayed. Kevin Tanner, County Manager, presented the Excellence in Customer Service Award to the Business License Department. Mr. Tanner explained that this award will be given on a quarterly basis to the department that receives the highest customer service marks based upon preset criteria and survey responses from the public. (2) Presentation of a Retirement Award to Donald H. "Donnie" Whitmire Kevin Tanner, County Manager, presented a Retirement Award to Donald H. “Donnie” Whitmire who is retiring following seven years of service. Mr. Whitmire’s last day with the county will be February 28. Work Session Page 7 February 22, 2022 Kevin Tanner, County Manager, announced that Forsyth County was awarded $32.6 million for future water and sewer infrastructure upgrades and projects. Mr. Tanner thanked Governor Brian Kemp and the Georgia Water and Sewer Infrastructure Committee members for the award’s issuance. Commissioner Mills congratulated the North Forsyth High School Girls Basketball Program for its advancement to the State Tournament. Commissioner Mills stated that the team’s first tournament game would be held this evening at 7:00 p.m. UNDER ITEMS FOR CONSIDERATION AND DISCUSSION THE FOLLOWING ACTIONS WERE TAKEN: (1) Board consideration and authorization for the Chairman to sign the annual Equitable Sharing Agreement and Certification. Staff requests this Item be considered on a "Time Sensitive" basis Richard Tucker, Sheriff’s Office Director of Business Operations, addressed the Board. There was a motion by Commissioner Levent and a second by Commissioner Mills to approve the Equitable Sharing Agreement and Certification with authorization for the Chairman to sign and that this item is approved as time sensitive. Motion carried unanimously. (2) Board acceptance of the Georgia Public Defender Council funding by ARPA in the amount of $83,334.00 with no County match. Staff requests this Item be considered on a "Time Sensitive" basis Marc Turk, Chief Financial Officer, addressed the Board. There was a motion by Commissioner Semanson and a second by Commissioner Mills to accept the Georgia Public Defender Council funding by ARPA in the amount of $83,334.00 with no County match and that this item is approved as time sensitive. Motion carried unanimously. (3) Board consideration and approval to declare the 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 Levent and a second by Commissioner Mills to declare the list of items as surplus with authorization for the Department of Procurement to dispose of accordingly. Motion carried unanimously. (4) Board consideration and approval of a Hardware Warranty Agreement by and between Dominion Voting Systems, Inc. and Forsyth County in the not to exceed amount of $105,743.00 for voting machines for the Department of Voter Registrations and Elections with authorization for the County Manager to sign said Agreement and all associated documentation Mandi Smith, Director of Voter Registrations & Elections, addressed the Board. There was a motion by Commissioner Cooper and a second by Commissioner Semanson to approve a Hardware Warranty Agreement by and between Dominion Voting Systems, Work Session Page 8 February 22, 2022 Inc. and Forsyth County in the not to exceed amount of $105,743.00 for voting machines for the Department of Voter Registrations & Elections with authorization for the County Manager to sign said Agreement and all associated documentation as presented. Motion carried unanimously. (5) Board consideration and approval to award RFP 21-195-3401 for Acceptance of Recycled Material for the Department of Recycling and Solid Waste. Staff Recommendation: award RFP 21-195-3401 to Advanced Disposal Recycling Services Atlanta, LLC with permission for the County Manager to sign the finalized Agreement Tammy Wright, Recycling and Solid Waste Manager of Environmental Programs, addressed the Board. There was a motion by Commissioner Cooper and a second by Commissioner Semanson to award RFP 21-195- 3401 to Advanced Disposal Recycling Services Atlanta, LLC with permission for the County Manager to sign the finalized Agreement as presented. Motion carried unanimously. (6) Board consideration and approval to award RFP 21-146-2410 for a Fire Station Alerting Solution for the Fire Department. Staff Recommendation: award RFP 21- 146-2410 to Purvis Systems, Inc. in the not to exceed amount of $1,033,609.69 with permission to continue the annual software licensing and maintenance renewals (based upon business need) for the life of the software and with authorization for the County Manager to sign the finalized Agreement; Splost 8 Barry Head, Fire Chief, addressed the Board. There was a motion by Commissioner Levent and a second by Commissioner Mills to award RFP 21-146-2410 to Purvis Systems, Inc. for a Fire Station Alerting Solution in the not to exceed amount of $1,033,609.69 with permission to continue the annual software licensing and maintenance renewals (based upon business need) for the life of the software and with authorization for the County Manager to sign the finalized Agreement as presented. Motion carried unanimously. (7) Board consideration and approval of a Construction Services Agreement with Delta Municipal Supply Company in the amount of $18,986,926.00 for Advanced Metering Infrastructure (AMI) Meters and System Installation for the Department of Water and Sewer Barry Lucas, Director of Water & Sewer, addressed the Board. George Kaufman, Deputy Director of Water & Sewer, addressed the Board and provided a PowerPoint presentation. There was a motion by Commissioner Cooper and a second by Commissioner Semanson to approve the Construction Services Agreement with Delta Municipal Supply Company in the amount of $18,986,926.00 for Advanced Metering Infrastructure (AMI) Meters and System Installation for the Department of Water & Sewer as presented. Motion carried unanimously. (8) Board consideration and approval of a Master Services Agreement with Delta Municipal Supply Company in the not to exceed amount of $12,936,562.30 for Advanced Metering Infrastructure (AMI) Ongoing Operations and Maintenance – Work Session Page 9 February 22, 2022 Network-as-a-Service and Software-as-a-Service Agreements Barry Lucas, Director of Water & Sewer, addressed the Board. There was a motion by Commissioner Semanson and a second by Commissioner Mills to approve the Master Services Agreement with Delta Municipal Supply Company in the not to exceed amount of $12,936,562.30 for Advanced Metering Infrastructure (AMI) Ongoing Operations and Maintenance - Network-as-a-Service and Software-as-a-Service Agreements. Motion carried unanimously. (9) Board consideration and approval to award RFP 21-201-3300 for annual Sanitary Sewer Flow Monitoring Services for the Department of Water and Sewer. Staff Recommendation: award RFP 21-201-3300 to CSL Services, Inc. in the amount of $163,528.00; Department of Water and Sewer 2022 Budget Barry Lucas, Director of Water & Sewer, addressed the Board. There was a motion by Commissioner Levent and a second by Commissioner Semanson to award RFP 21- 201-3300 to CSL Services, Inc. in the amount of $163,528.00 for annual Sanitary Sewer Flow Monitoring Services for the Department of Water & Sewer as presented. Motion carried unanimously. (10) Board consideration and approval of a Change Order with K-Team Engineering and Construction for installation and connection of water and sewer utilities for the Matt Schoolhouse Phase 1 Renovation. Staff Recommendation: approve Change Order with K-Team Engineering and Construction in the amount of $46,300.00; Matt Community Building Capital Budget Dan Callahan, Public Facilities Director, addressed the Board. There was a motion by Commissioner Mills and a second by Commissioner Cooper to approve the Change Order with K-Team Engineering and Construction in the amount of $46,300.00 for installation and connection of water and sewer utilities for the Matt Schoolhouse Phase 1 Renovation as presented. Motion carried unanimously. (11) Board consideration and approval of a Second Amendment to the Lease Agreement between Bennett Capital Partners LLC and Forsyth County to extend the term of the lease for 327 Dahlonega Street, Suite 601b, Cumming, GA 30040 (Tanyard Oaks Office Park) from May 1, 2022 to August 31, 2022. Said location is used by Juvenile Justice Therapists who will relocate to the new Juvenile Justice Facility when it is completed and ready for occupancy Dan Callahan, Public Facilities Director, addressed the Board. There was a motion by Commissioner Levent and a second by Commissioner Semanson to approve the Second Amendment to the Lease Agreement between Bennett Capital Partners LLC and Forsyth County to extend the term of the lease for 327 Dahlonega Street, Suite 601b, Cumming, GA 30040 (Tanyard Oaks Office Park) from May 1, 2022 to August 31, 2022 as presented. Motion carried unanimously. (12) Board consideration and approval of a Change Order with Gaskins Surveying Company in the amount of $6,000.00 for Survey Services to cover the additional Work Session Page 10 February 22, 2022 adjacent northern property of the Freedom Parkway Tract; County Campus Capital Budget John Jefferson, Capital Projects Director, addressed the Board. There was a motion by Commissioner Mills and a second by Commissioner Cooper to approve the Change Order with Gaskins Surveying Company in the amount of $6,000 for Survey Services to cover the additional adjacent northern property of the Freedom Parkway Tract. Motion carried unanimously. (13) Board consideration and approval to award RFQ 21-182-1510 to provide all labor, materials, and equipment for Engineering and Design Services for the Forsyth County Whole Health Center. Staff Recommendation: award RFQ 21-182-1510 to Jericho Design Group in the amount of $1,667,250.00; Department of Capital Projects 2022 Budget John Jefferson, Capital Projects Director, addressed the Board. There was a motion by Commissioner Cooper and a second by Commissioner Levent to award RFQ 21-182- 1510 to Jericho Design Group in the amount of $1,667,250 to provide all labor, materials, and equipment for Engineering and Design Services for the Forsyth County Whole Health Center as presented. Motion carried unanimously. (14) Board consideration and approval of a Task Order with Hayes, James & Associates Inc. to provide Architectural and Engineering Services for the Water and Sewer Maintenance Warehouse Project. Staff Recommendation: approve Task Order in the amount of $249,550.00; Department of Capital Projects 2022 Budget John Jefferson, Capital Projects Director, addressed the Board. There was a motion by Commissioner Semanson and a second by Commissioner Cooper to approve the Task Order with Hayes, James & Associates Inc. in the amount of $249,550 to provide Architectural and Engineering Services for the Water & Sewer Maintenance Warehouse Project. Motion carried unanimously. (15) Board consideration and approval of Task Order 23-Amendment 1 with CH2M Hill, Inc. regarding Lake Lanier Water Quality Sampling Lynnette Ramirez, Capital Improvement Projects Manager, addressed the Board. There was a motion by Commissioner Semanson and a second by Commissioner Cooper to approve Task Order 23-Amendment 1 with CH2M Hill, Inc. regarding Lake Lanier Water Quality Sampling. Motion carried unanimously. (16) Board consideration and approval of a Temporary Construction Easement and a Permanent Easement with Orchards of Central Park, LLLP for the Central Park Recreation Center gravity sewer connection to the adjacent residential development’s sewer infrastructure John Jefferson, Capital Projects Director, addressed the Board. There was a motion by Commissioner Cooper and a second by Commissioner Semanson to approve a Temporary Construction Easement and a Permanent Easement with Orchards of Work Session Page 11 February 22, 2022 Central Park, LLLP for the Central Park Recreation Center gravity sewer connection to the adjacent residential development’s sewer infrastructure as presented. Motion carried unanimously. (17) Presentation to Board regarding the Site Plan for the new County Campus John Jefferson, Capital Projects Director, addressed the Board. The Preliminary Site Plan V2 dated February 15, 2022 was displayed. Kevin Tanner, County Manager, addressed the Board. No Board action was taken. (18) Board consideration and possible direction regarding a County-Initiated Conditional Use Permit (CUP) to conduct around the clock business on property currently zoned Restricted Industrial District (M1) with a variance to reduce the number of parking spaces - Parcel 140-072 - District 2 Tom Brown, Director of Planning & Community Development, addressed the Board. A copy of the Site Plan was displayed. There was a motion by Commissioner John and a second by Commissioner Semanson to authorize staff to proceed with the Public Hearing process regarding a County-Initiated Conditional Use Permit (CUP) to conduct around the clock business on property currently zoned Restricted Industrial District (M1) for Parcel 140-072 as presented. Motion carried unanimously. (19) Board consideration and possible direction regarding a County-Initiated Amendment of Zoning Conditions on ZA1421 (Technology Park/Atlanta, Inc.) to reduce the 50 ft. planted exterior buffer on the northern property boundary only - Parcel 140-072 - District 2 Tom Brown, Director of Planning & Community Development, addressed the Board. A copy of the Site Plan was displayed. There was a motion by Commissioner John and a second by Commissioner Semanson to authorize staff to proceed with the Public Hearing process regarding a County-Initiated Amendment of Zoning Conditions on ZA1421 (Technology Park/Atlanta, Inc.) to reduce the 50 ft. planted exterior buffer on the northern property boundary only for Parcel 140-072 as presented. Motion carried unanimously. (20) Board consideration and possible direction regarding a County-Initiated rezoning from A1, CBD, and HB to M1 with conditional use permits (CUPs) and variances for parcels 235-045, 235-056, 235-036, and 235-218 Tom Brown, Director of Planning & Community Development, addressed the Board. Christopher Light, Attorney, was recognized and addressed the Board. Kevin Tanner, County Manager, 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 A1, CBD, and HB to M1 with Conditional Use Permits (CUPs) and variances for parcels 235-045, 235-056, 235- 036, and 235-218 as described. Motion carried unanimously. (21) Board consideration of authorizing a Resolution, letter, or other formal communication to its local delegation to the General Assembly voicing opposition Work Session Page 12 February 22, 2022 to HB1093 and SB494; bills aimed at preempting local governments from regulating Build to Rent Communities Ken Jarrard, County Attorney, addressed the Board and provided a copy of the proposed Resolution opposing HB1093 and SB494. There was a motion by Commissioner John and a second by Commissioner Levent to approve the Resolution voicing opposition to HB1093 and SB494. Motion carried unanimously. Note: See Page #16 for additional action taken. (22) Board consideration and approval of a Resolution declaring surplus and authorizing disposal of an air monitoring station that has been operating at or near Eagle's Beak Park in accord with a Memorandum of Understanding between Forsyth County and the Georgia Environmental Protection Division David McKee, Assistant County Manager, addressed the Board. There was a motion by Commissioner Mills and a second by Commissioner Semanson to approve a Resolution declaring surplus and authorizing disposal of an air monitoring station that has been operating at or near Eagle's Beak Park as described by staff. Motion carried unanimously. (23) Board consideration to appoint Maria Villalon to the Administrative Committee. Said appointment is for the Employee At-Large Member position that was vacated due to retirement and is for a four-year term or until employment with the County terminates Kevin Tanner, County Manager, addressed the Board. There was a motion by Commissioner Semanson and a second by Commissioner Cooper to appoint Maria Villalon to the Administrative Committee to fill the Employee At-Large Member position that was vacated due to retirement. Motion carried unanimously. (24) Board consideration of a Resolution requesting that the Forsyth local delegation to the General Assembly sponsor local legislation increasing the County’s Hotel/Motel Excise Tax from 5% to 8%. Staff requests this Item be considered on a "Time Sensitive" basis Kevin Tanner, County Manager, addressed the Board and provided a PowerPoint presentation. There was a motion by Commissioner Mills and a second by Commissioner Cooper to approve the Resolution requesting that the Forsyth local delegation to the General Assembly sponsor local legislation increasing the County’s Hotel/Motel Excise Tax from 5% to 8% and that this item is approved as time sensitive. Motion carried unanimously. (25) Board ratification of a Purchase Agreement for 2,625.11 of Permanent Construction and Maintenance Easement in the amount of $22,706.75 needed for Parcel 151 of the McGinnis Ferry Road Widening Project (PI #0004634) (owners: Work Session Page 13 February 22, 2022 Richard Wilmath and Susan Wilmath). Staff requests this Item be considered on a “Time Sensitive” basis Priya Patel, Jarrard & Davis, addressed the Board. There was a motion by Commissioner John and a second by Commissioner Semanson to ratify the Purchase Agreement for 2,625.11 of Permanent Construction and Maintenance Easement in the amount of $22,706.75 needed for Parcel 151 of the McGinnis Ferry Road Widening Project (PI #0004634) (owners: Richard Wilmath and Susan Wilmath) and that this item is approved as time sensitive. Motion carried unanimously. (26) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-010 (Parcel #96 of the McGinnis Ferry Road Widening Project (PI #0004634) Owners: Lord of Life Lutheran Church of Alpharetta, Inc. with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $51,100.00, Staff requests this Item be considered on a “Time Sensitive” basis Priya Patel, Jarrard & Davis, addressed the Board. There was a motion by Commissioner John and a second by Commissioner Cooper to approve a Resolution to condemn property interest in Tax Parcel 090-010 (Parcel #96 of the McGinnis Ferry Road Widening Project (PI #0004634) Owners: Lord of Life Lutheran Church of Alpharetta, Inc.) as presented with authorization for the Chair to execute documents in furtherance of same and that this item is approved as time sensitive. Motion carried unanimously. (27) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-172 (Parcel #97 of the McGinnis Ferry Road Widening Project (PI #0004634) Owners: Oaktree Land Investments, LLC with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $272,600.00. Staff requests this Item be considered on a “Time Sensitive” basis Priya Patel, Jarrard & Davis, addressed the Board. There was a motion by Commissioner John and a second by Commissioner Semanson to approve a Resolution to condemn property interest in Tax Parcel 090-172 (Parcel #97 of the McGinnis Ferry Road Widening Project (PI #0004634) Owners: Oaktree Land Investments, LLC) as presented with authorization for the Chair to execute documents in furtherance of same and that this item is approved as time sensitive. Motion carried unanimously. (28) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-174 (Parcel #104 of the McGinnis Ferry Road Widening Project (PI #0004634) Owners: BME McGinnis Ferry, LLC with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $420,500.00. Staff requests this Item be considered on a “Time Sensitive” basis Priya Patel, Jarrard & Davis, addressed the Board. There was a motion by Commissioner John and a second by Commissioner Semanson to approve a Resolution to condemn property interest in Tax Parcel 090-174 (Parcel #104 of the McGinnis Ferry Road Widening Project (PI #0004634) Owners: BME McGinnis Ferry, LLC) as presented Work Session Page 14 February 22, 2022 with authorization for the Chair to execute documents in furtherance of same and that this item is approved as time sensitive. Motion carried unanimously. (29) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-022 (Parcel #115 of the McGinnis Ferry Road Widening Project (PI #0004634) Owners: Husson Properties, LLC with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $25,600.00. Staff requests this Item be considered on a “Time Sensitive” basis Priya Patel, Jarrard & Davis, addressed the Board. There was a motion by Commissioner John and a second by Commissioner Semanson to approve a Resolution to condemn property interest in Tax Parcel 090-022 (Parcel #115 of the McGinnis Ferry Road Widening Project (PI #0004634) Owners: Husson Properties, LLC) as presented with authorization for the Chair to execute documents in furtherance of same and that this item is approved as time sensitive. Motion carried unanimously. (30) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-045 (Parcel #118 of the McGinnis Ferry Road Widening Project (PI #0004634) Owners: Jered Byars Brown with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $332,200.00. Staff requests this Item be considered on a “Time Sensitive” basis Priya Patel, Jarrard & Davis, addressed the Board. There was a motion by Commissioner John and a second by Commissioner Semanson to approve a Resolution to condemn property interest in Tax Parcel 090-045 (Parcel #118 of the McGinnis Ferry Road Widening Project (PI #0004634) Owners: Jered Byars Brown) as presented with authorization for the Chair to execute documents in furtherance of same and that this item is approved as time sensitive. Motion carried unanimously. (31) Board consideration of a Resolution to condemn property interest in Tax Parcel 090-103 (Parcel #133 of the McGinnis Ferry Road Widening Project (PI #0004634) Owners: Gregory A. Maze and Diane K. Maze with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $58,000.00. Staff requests this Item be considered on a “Time Sensitive” basis Priya Patel, Jarrard & Davis, addressed the Board. There was a motion by Commissioner John and a second by Commissioner Semanson to approve a Resolution to condemn property interest in Tax Parcel 090-103 (Parcel #133 of the McGinnis Ferry Road Widening Project (PI #0004634) Owners: Gregory A. Maze and Diane K. Maze) as presented with authorization for the Chair to execute documents in furtherance of same and that this item is approved as time sensitive. Motion carried unanimously. (32) Board consideration of a Resolution to condemn property interest in Tax Parcel 113-427 (Parcel #150 of the McGinnis Ferry Road Widening Project (PI #0004634) Owners: Kevin Kotellos and Theresa Dawn Schmitz-Kotellos with authorization for the Chair to execute documents in furtherance of same; estimated just and Work Session Page 15 February 22, 2022 adequate compensation: $15,000.00. Staff requests this Item be considered on a “Time Sensitive” basis Priya Patel, Jarrard & Davis, addressed the Board. There was a motion by Commissioner John and a second by Commissioner Semanson to approve a Resolution to condemn property interest in Tax Parcel 113-427 (Parcel #150 of the McGinnis Ferry Road Widening Project (PI #0004634) Owners: Kevin Kotellos and Theresa Dawn Schmitz-Kotellos) as presented with authorization for the Chair to execute documents in furtherance of same and that this item is approved as time sensitive. Motion carried unanimously. (33) Board consideration of a Resolution to condemn property interest in Tax Parcel 114-065 (Parcel #155 of the McGinnis Ferry Road Widening Project (PI #0004634) Owners: Mark Loftus and Renee Loftus with authorization for the Chair to execute documents in furtherance of same; estimated just and adequate compensation: $20,900.00. Staff requests this Item be considered on a “Time Sensitive” basis Priya Patel, Jarrard & Davis, addressed the Board. There was a motion by Commissioner John and a second by Commissioner Semanson to approve a Resolution to condemn property interest in Tax Parcel 114-065 (Parcel #155 of the McGinnis Ferry Road Widening Project (PI #0004634) Owners: Mark Loftus and Renee Loftus) as presented with authorization for the Chair to execute documents in furtherance of same and that this item is approved as time sensitive. Motion carried unanimously. (34) Board ratification of Right-of-Way Settlement Authorization executed by the Forsyth County Attorney, Forsyth County Capital Projects Director, and the Forsyth County Manager for Parcel 156 of the McGinnis Ferry Road Widening Project (PI #0004634) (owners: Brian A. Brooks and Dianna V. Brooks). Staff requests this Item be considered on a “Time Sensitive” basis Priya Patel, Jarrard & Davis, addressed the Board. There was a motion by Commissioner John and a second by Commissioner Semanson to ratify the Right-of- Way Settlement Authorization executed by the Forsyth County Attorney, Forsyth County Capital Projects Director, and the Forsyth County Manager for Parcel 156 of the McGinnis Ferry Road Widening Project (PI #0004634) (owners: Brian A. Brooks and Dianna V. Brooks) as presented and that this item is approved as time sensitive. Motion carried unanimously. (35) Board ratification of Right-of-Way Settlement Authorization executed by the Forsyth County Attorney, Forsyth County Capital Projects Director, and the Forsyth County Manager for Parcel 118 of the McGinnis Ferry Road Widening Project (PI #0004634) (owner: Jered Byars Brown). Staff requests this Item be considered on a “Time Sensitive” basis Priya Patel, Jarrard & Davis, addressed the Board. There was a motion by Commissioner John and a second by Commissioner Semanson to ratify the Right-of- Way Settlement Authorization executed by the Forsyth County Attorney, Forsyth County Capital Projects Director, and the Forsyth County Manager for Parcel 118 of the Work Session Page 16 February 22, 2022 McGinnis Ferry Road Widening Project (PI #0004634) (owner: Jered Byars Brown) as presented and that this item is approve as time sensitive. Motion carried unanimously. Ken Jarrard, County Attorney, called a Point of Order and requested a readoption of Item #21 on a “Time Sensitive” basis. There was a motion by Commissioner Levent and a second by Commissioner Mills to reconsider the previous motion for Item #21. Motion carried unanimously. (21) Board consideration of authorizing a Resolution, letter, or other formal communication to its local delegation to the General Assembly voicing opposition to HB1093 and SB494; bills aimed at preempting local governments from regulating Build to Rent Communities There was a motion by Commissioner John and a second by Commissioner Levent to approve the Resolution voicing opposition to HB1093 and SB494 and that this item is approved as time sensitive. Motion carried unanimously. There was a motion by Commissioner Cooper and a second by Commissioner Semanson to recess the Work Session and enter into Executive Session for the purposes of Litigation, Land Acquisition and/or Personnel. Motion carried unanimously. Ken Jarrard, County Attorney, announced that two Open Session Items would follow the Executive Session. There was a motion by Commissioner Cooper and a second by Commissioner Semanson to come out of recess and reconvene the Work Session. Motion carried unanimously. UNDER OPEN SESSION FOLLOWING EXECUTIVE SESSION THE FOLLOWING ACTIONS WERE TAKEN: (1) Board consideration and approval of a Fourth Addendum to the Right-of-Entry Agreement for Ronald Reagan Extension (PI #PEN 12) Parcel 7. Staff requests this Item be considered on a “Time Sensitive” basis Priya Patel, Jarrard & Davis, addressed the Board. There was a motion by Commissioner John and a second by Commissioner Semanson to approve the Fourth Addendum to the Right-of-Entry Agreement for Ronald Reagan Extension (PI #PEN 12) Parcel 7 as presented and that this item is approved as time sensitive. Motion carried unanimously. (2) Board approval and signature of a Settlement Agreement & Release dated February 16, 2022, between Hanover Community Association, Inc. and Forsyth County, Georgia, in the amount of $66,000.00 to settle the dispute and claims by Hanover against the County pursuant to the terms of the Settlement Agreement & Release; Union Hill Road Expansion Project. Staff requests this Item be Work Session Page 17 February 22, 2022 considered on a “Time Sensitive” basis Priya Patel, Jarrard & Davis, addressed the Board. There was a motion by Commissioner John and a second by Commissioner Levent to approve the Settlement Agreement & Release dated February 16, 2022, between Hanover Community Association, Inc. and Forsyth County, Georgia, in the amount of $66,000.00 to settle the dispute and claims by Hanover against the County pursuant to the terms of the Settlement Agreement & Release; Union Hill Road Expansion Project, as presented, with the stipulation that the County Attorney’s office will contact ACCG to secure any amounts it wants included in the Agreement and that this item is approved as time sensitive. Motion carried unanimously. There was a motion by Commissioner Semanson and a second by Commissioner Mills to adjourn. Motion carried unanimously. ____________________________ 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 Work Session Page 18 February 22, 2022 ____________________________________________ 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.