9/22/2009 - Board of Commissioners Called/Work Session

On Tuesday, September 22, 2009 at 2:06 p.m., in the Commissioners’ Conference Room of the Forsyth County Administration Building, the Forsyth County Board of Commissioners held a Work Session with the following persons present: Charles Laughinghouse – Chairman, Jim Harrell – Vice Chairman, Patrick B. Bell – Secretary, Brian R. Tam – Member, Jim Boff – Member, Doug Derrer – County Manager, Ken Jarrard – County Attorney, Bill Thomas – Chief Financial Officer, Sonya Bush – Clerk and Cindy Henderson – Deputy Clerk.

AGENDA
WORK SESSION
FORSYTH COUNTY BOARD OF COMMISSIONERS
TUESDAY, SEPTEMBER 22, 2009 @ 2:00 P.M.
FORSYTH COUNTY ADMINISTRATION BUILDING
110 EAST MAIN STREET - SUITE 210
CUMMING, GEORGIA 30040

I. Call Meeting to Order

II. Invocation and Pledge of Allegiance

III. Adoption of Agenda

IV. Items for consideration and discussion:

(1) Windermere Village Associates, LLC Corrective Deed – County Attorney.
(Postponed from 09/08/09 Work Session Agenda).

(2) Clarification regarding Agencies that can apply for Social Services Grants – Commissioner Bell.

(3) Georgia Emergency Management Agency Office of Homeland Security 2009 Performance Partnership Agreement – Fire Chief.

(4) Request 24-month renewal of contract with the Lincoln National Life Insurance Company (Lincoln Financial Group) for Life, AD&D, Short-Term and Long-Term Disability Insurance – contract renewal period would be effective from 01/01/2010 to 01/01/2012 – Director of Personnel Services.

(5) Acceptance of RFP 09-22-1542 for a GIS/CAMA software solution – Procurement Director.

(6) Authorization to surplus three (3) aerators and one (1) mixer – Procurement Director.

(7) Acceptance of RFP 09-29-2410 for Vehicle Exhaust Removal System for use in the Fire Fleet Maintenance Division – Procurement Director.

(8) Renewal of contract with AECOM (formerly Metcalf & Eddy) for operation and maintenance services at the Fowler Water Reclamation Facility - Procurement Director.

(9) Approval of Change Order with Hardin Construction at Fowler Park – Procurement Director.

(10) Rejection of Bid 09-01-3150 for the construction of the James Burgess Sidewalk – Procurement Director.
(Previously approved at 09/08/09 Work Session – postponed from 09/17/09 Consent Agenda).

(11) Request approval of proposed contract with the Public Finance Management (PFM) Group to provide financial advisory services to the county for future bond issues – Chief Financial Officer.
(Previously approved at 09/08/09 Work Session – postponed from 09/17/09 Agenda).

(12) Discussion of proposed intersection improvement project for Bethelview Road at Drew Road – Director of Engineering.

(13) Request approval of renewal of the Joint Funding Agreement with the U.S. Department of the Interior for stream flow monitoring of Dick Creek at Old Atlanta Road and Big Creek at Highway 9 for 2010 – (originally approved 03/01/07 and renewed 09/04/08) – Director of Water & Sewer.

(14) Interior Project Directional Signs for projects exceeding 100 acres – Commissioner Tam.

(15) Proposed amendments to the Forsyth County Sign Ordinance – County Attorney.
(Public Hearings were held 07/02/09 and 08/06/09. Postponed decision from 08/20/09 and 09/03/09 Agendas).

(16) Procedure for expediting Down Zonings to A1 – Director of Planning & Development/County Attorney.
(Previously discussed at 08/25/09 Work Session).

(17) Alcohol Code (Ordinance 68) – County Attorney.
(First Public Hearing was held 08/06/09 – Postponed from 09/03/09 Agenda – A Second Public Hearing is scheduled for 10/01/09).

(18) Limited scope zoning moratorium in the McFarland Subarea in order to develop Overlay – Commissioner Harrell.

V. Recess Work Session

VI. Executive Session if Needed

VII. Adjournment


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

The Invocation and Pledge of Allegiance were given by Chairman Laughinghouse.

ADOPTION OF AGENDA

There was a motion by Commissioner Bell and a second by Commissioner Tam to add Item #19 (Appointment of a Democratic nominee to the Board of Registrations & Elections). Motion carried with four members in favor (Laughinghouse, Bell, Tam and Boff) and one member in opposition (Harrell).

There was a motion by Commissioner Bell and a second by Commissioner Tam to remove Item #10 (Rejection of Bid 09-01-3150 for the construction of the James Burgess Sidewalk) and to place this item on Executive Session. Motion carried with four members in favor (Harrell, Bell, Tam and Boff) and one member in opposition (Laughinghouse).

There was a motion by Commissioner Harrell and a second by Commissioner Boff to adopt the agenda as amended. Motion carried unanimously.

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

Windermere Village Associates, LLC Corrective Deed

There was a motion by Commissioner Bell and a second by Commissioner Tam to approve the Windermere Village Associates, LLC Corrective Quitclaim Deed as presented with authorization for the County Manager to sign the appropriate documents and that this item be placed on the next available Consent Agenda. Motion carried unanimously.

Clarification regarding Agencies that can apply for Social Services Grants

Nicole McCoy, Chairman of the Social Services Committee, came before the Board to request clarification regarding agencies that can apply for Social Services Grants. The Board reviewed a list of agencies tied to the Juvenile Court and a list of non-profits dedicated to health and human services. The Board clarified that the RFP would be extended to the list of agencies tied to the Juvenile Court which includes:

3 Dimensional Life
ABBA House
Angel’s Closet
Angel Connection
Bald Ridge Lodge
CASA of Forsyth County
Child and Family Focus
Children’s Center for Hope & Healing
Crossroads Foundation
Faith's House
Forsyth County Child Advocacy Center
Forsyth County DFACS
Jesse's House
Mentor Me North Georgia
Morningstar Counseling Resource Center
New Hope Program

Georgia Emergency Management Agency Office of Homeland Security 2009 Performance Partnership Agreement

There was a motion by Commissioner Bell and a second by Commissioner Harrell to authorize the Chairman to sign the Georgia Emergency Management Agency Office of Homeland Security 2009 Performance Partnership Agreement and that this item be placed on the next available Consent Agenda. Motion carried unanimously.

Request 24-month renewal of contract with the Lincoln National Life Insurance Company (Lincoln Financial Group) for Life, AD&D, Short-Term and Long-Term Disability Insurance – contract renewal period would be effective from 01/01/2010 to 01/01/2012

There was a motion by Commissioner Boff and a second by Commissioner Harrell to approve the 24-month renewal of the contract with Lincoln National Life Insurance

Company (Lincoln Financial Group) for Life, AD&D, Short-Term and Long-Term Disability Insurance (contract renewal period would be effective from 01/01/2010 to 01/01/2012) at an annual cost of $490,285.44 with authorization for the County Manager to sign the appropriate documents and that this item be placed on the next available Consent Agenda. Motion carried unanimously.

Acceptance of RFP 09-22-1542 for a GIS/CAMA software solution

There was a motion by Commissioner Bell and a second by Commissioner Harrell to award RFP 09-22-1542 for a GIS/CAMA software solution to Sidwell Company in the amount of $69,374.40 with authorization for the County Manager to sign the appropriate documents and that this item be placed on the next available Consent Agenda. Motion carried unanimously.

Authorization to surplus three (3) aerators and one (1) mixer

There was a motion by Commissioner Boff and a second by Commissioner Harrell to grant authorization to surplus three (3) aerators and one (1) mixer with approval for the County Manager to sign the appropriate documents and that this item be placed on the next available Consent Agenda. Motion carried unanimously.

Acceptance of RFP 09-29-2410 for Vehicle Exhaust Removal System for use in the Fire Fleet Maintenance Division

There was a motion by Commissioner Bell and a second by Commissioner Harrell to award RFP 09-29-2410 for a Vehicle Exhaust Removal System for use in the Fire Fleet Maintenance Division to Air Technology in the amount of $39,900 with authorization for the County Manager to sign the appropriate documents and that this item be placed on the next available Consent Agenda. Motion carried unanimously.

Renewal of contract with AECOM (formerly Metcalf & Eddy) for operation and maintenance services at the Fowler Water Reclamation Facility

There was a motion by Commissioner Bell and a second by Commissioner Harrell to extend the current contract with AECOM (formerly Metcalf & Eddy) for operation and maintenance services at the Fowler Water Reclamation Facility through December 31, 2009 with authorization for the County Manager to sign the appropriate documents and that this item be placed on the next available Consent Agenda and that the County Manager, Director of Water & Sewer and the Procurement Director review the contract to determine if the CPI can be addressed. Motion carried unanimously.

Approval of Change Order with Hardin Construction at Fowler Park

There was a motion by Commissioner Tam and a second by Commissioner Harrell to approve the Change Order with Hardin Construction at Fowler Park in the amount of $483,797 (Parks & Recreation greenspace funds) with authorization for the County Manager to sign the appropriate documents and that this item be placed on the next available Consent Agenda. Motion carried unanimously.

Request approval of proposed contract with the Public Finance Management (PFM) Group to provide financial advisory services to the county for future bond issues

There was a motion by Commissioner Boff and a second by Commissioner Tam to postpone this item to the next Work Session to allow the Board to obtain and review the presentation/data prepared by the Chief Financial Officer. Motion carried unanimously.

Discussion of proposed intersection improvement project for Bethelview Road at Drew Road

There was a motion by Commissioner Boff and a second by Commissioner Bell to postpone this item to the Work Session scheduled for October 13, 2009 and to include this project in the overall reprioritization recommendations of SPLOST VI. Motion carried unanimously.

Request approval of renewal of the Joint Funding Agreement with the U.S. Department of the Interior for stream flow monitoring of Dick Creek at Old Atlanta Road and Big Creek at Highway 9 for 2010 – (originally approved 03/01/07 and renewed 09/04/08)

There was a motion by Commissioner Boff and a second by Commissioner Harrell to approve the renewal of the Joint Funding Agreement with the U.S. Department of the Interior for stream flow monitoring of Dick Creek at Old Atlanta Road and Big Creek at Highway 9 for 2010 in an amount not to exceed $27,200 which is to be charged 50/50 to the account codes as indicated on the agenda request with authorization for the County Manager to sign the appropriate documents and that this item be placed on the next available Consent Agenda. Motion carried unanimously.

The Board took a recess.

The Board came out of recess and reconvened the Work Session.

Interior Project Directional Signs for projects exceeding 100 acres

Tom Brown, Assistant Director of Planning & Development, came before the Board to discuss interior project directional signs for projects exceeding 100 acres. Jim Warren, on behalf of the Johns Creek Owners Association, is requesting the Board’s consideration of an amendment to the Sign Ordinance to permit them to install a number of directional signs (way-finding signs) in the Johns Creek/Tech Park Campus. These signs would not be used for advertising but would be directional signs for key destination points. There are 8 signs proposed in Forsyth County with 22 in the City of Johns Creek. A change to the code would require two Public Hearings.

There was a motion by Commissioner Boff and a second by Commissioner Tam to direct staff to draft the modifications to the Sign Ordinance and to bring the modifications back to the Board at a future Work Session. Motion carried unanimously.

Proposed amendments to the Forsyth County Sign Ordinance

The Board is currently considering amendments to the Sign Ordinance. Public Hearings were held July 2, 2009 and August 6, 2009. The decisions were postponed from the August 20, 2009 and September 3, 2009 meetings while certain stakeholders that are interested in these modifications have continued to negotiate to see if they can work out a compromise. This is in regard to Section 4.1(b). Emory Lipscomb reported to the Board that the sign company has sent a proposed lease back to his client but it is taking some time to compare the two to see if they are the same. The goal is to report back to the Board prior to the October 1, 2009 meeting. There was no action taken.

Procedure for expediting Down Zonings to A1

Jeff Chance, Director of Planning & Development, came before the Board to discuss a procedure for expediting Down Zonings to A1. A proposed flowchart of the process was presented for the Board’s review. The implementation of the expediting process would not require a modification to the Unified Development Code but Public Hearings could still be held. Without exception, the Board directed staff to develop the process with an operating procedure and to schedule this item for a Public Hearing in November.

Alcohol Code (Ordinance 68)

The Board is currently considering proposed amendments to the Alcohol Code (Ordinance 68). The first Public Hearing was held August 6, 2009 and a second Public Hearing is scheduled for October 1, 2009. The modifications that are currently under consideration and that have had a Public Hearing are:

1. Limit the 5 year prohibition on an alcohol license that is revoked if the license holder was a lessee so that the owner is not unduly punished.

2. Payment of all fees, taxes and assessments prior to or at the time of filing the application.

3. Setbacks for day cares and the definition of day cares.

4. Mandatory alcohol training as part of the application submittal package.

5. Mandatory identification check irrespective of apparent age.

6. Two-tiered enforcement that will break out underage sales as a separate sanction with a mandatory first time offense of seven (7) days suspension.

7. Penalties that pertain to employees of alcohol license holders.

8. Requirement that upon the suspension of a license for any reason, the licensee shall be required to post a brightly colored sign or decal at the establishment for the duration of the suspension period.

There have been additional requests for modifications which have not been included in the Public Hearing process. These include:

9. Mandatory legal advertisement requirement. Legal ads are currently run but it is not required by the code.

10. Special Events Alcohol Permit.

11. Clarification of language regarding suspensions between 7-30 days to clarify that the alcohol shall not be removed from the premises but is to remain on-site in a secured location.

12. With respect to Corps permitted marinas, that they be allowed to obtain an alcohol pouring license without meeting the 50% food service requirement.

After a lengthy discussion, the Board decided to schedule a Special Called Work Session on Tuesday, September 29, 2009 at 1:00 p.m. for further discussion regarding the proposed amendments to the Alcohol Code.

Limited scope zoning moratorium in the McFarland Subarea in order to develop Overlay

Commissioner Harrell is interested in taking a look at an overlay on Highway 9 from Post Road to Bethelview Road and down Majors Road across to at least GA 400 and maybe even to the Ronald Reagan intersection. He would like some time to study this with staff and to bring a proposal to the Board for their consideration. There was no action taken.

Appointment of a Democratic nominee to the Board of Registrations & Elections

There was a motion by Commissioner Laughinghouse and a second by Commissioner Bell to recognize and approve the Democratic appointment of Matt Blender to the Forsyth County Board of Registrations & Elections and that this be approved as a time sensitive issue. Motion carried with three members in favor (Laughinghouse, Bell and Tam) and two members in opposition (Harrell and Boff).

Commissioner Tam and the County Attorney left the meeting.

Without exception, the Board allowed Jay DiPasquale, former County employee, to address the Board. Mr. DiPasquale now works for the State Department in Baghdad. He has been having discussions with the embassy regarding a program that allows Iraqi officials to come to the United States to witness our democratic system and process. He put forth the idea of setting up a partnership program between Forsyth County and the province of Baghdad. The Board designated the County Manager as the point person for Forsyth County. The Board requested Mr. DiPasquale to create a summary and submit it to the Board for their review. No action was taken.

There was a motion by Commissioner Harrell and a second by Commissioner Bell to adjourn. Motion carried with four members in favor (Laughinghouse, Harrell, Bell and Boff) and one member absent (Tam).


____________________________________
Clerk/Deputy Clerk of Commission

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


___________________________________________
CHARLES LAUGHINGHOUSE, CHAIRMAN


____________________________________________
JIM HARRELL, VICE CHAIRMAN


____________________________________________
PATRICK B. BELL, SECRETARY



____________________________________________
BRIAN R. TAM, MEMBER


____________________________________________
JIM BOFF, MEMBER