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FORSYTH COUNTY BOARD OF COMMISSIONERS
WORK SESSION
MAY 22, 2012
On Tuesday, May 22, 2012 at 2:01 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: Jim Boff – Chairman, Patrick B. Bell – Vice Chairman, Ralph J. Amos – Member, Brian R. Tam – Member, Doug Derrer - County Manager, Tim Merritt – Deputy County Manager, Ken Jarrard – County Attorney, Sonya Bush - Clerk and Cindy Henderson – Deputy Clerk.
Commissioner Levent was absent during this portion of the meeting.
AGENDA
WORK SESSION
FORSYTH COUNTY BOARD OF COMMISSIONERS
TUESDAY, MAY 22, 2012 @ 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) Consideration of raw and finished water contracts with the City of Cumming – Commissioners Tam/Bell.
(2) D.A.T.E. Fund Annual Report for 2011 - Court Administrator.
(3) Request appointment of the employees’ representative to the Forsyth County Board of Ethics for the term commencing July 1, 2012 thru June 30, 2014 – Director of Personnel Services.
(4) Request appointment of the elected officials’ representative to the Forsyth County Board of Ethics for the term commencing July 1, 2012 thru June 30, 2014 – Director of Personnel Services.
(5) Request approval of Stop Loss Coverage for the Inmate Medical Plan to be provided by Lloyd’s, London for the period 06/01/12 to 05/31/13, with a deductible in the amount of $40K with $250K per inmate limit per annum and approval for the County Manager to sign upon final legal review and approval of agreement – Director of Personnel Services.
(6) Proposed modifications to the Solid Waste Management Ordinance (Ordinance #84) – Manager of Environmental Programs/County Attorney.
(7) Request approval of proposed operating hours and fees for the Old Atlanta Spray Park as recommended by the Parks and Recreation Board – Director of Parks & Recreation.
(8) Sign Ordinance – signs for churches and modifications to performance standards – Director of Planning & Community Development.
(Postponed from 05/08/12 Work Session Agenda).
(9) Discussion regarding membranes at Fowler Reclamation Facility – Procurement Director/Director of Water & Sewer.
(Postponed from 04/24/12 Work Session Agenda).
(10) Board approval to proceed with Phases 1, 2, 3 and 4 with Kubota at the Fowler Reclamation Facility and AECOM to provide full details and specifications to the Director of Purchasing and the Director of Water & Sewer which will be presented at the next regular Work Session (April 24th) – Procurement Director.
(Previously discussed and approved at 04/10/12 Work Session - postponed from 04/19/12 Regular Meeting Agenda and 04/24/12 Work Session Agenda).
(11) Approval of Sewer Reservation Agreement between Forsyth County and Ryland Homes for 16,200 gallons per day of sewer capacity for the Post Preserve development (60 residential lots) – Fowler WRF – District #3 – Director of Water & Sewer.
(12) Discussion and possible approval of various sewer refund requests per the Forsyth County Sewer Repurchase Policy – Director of Water & Sewer.
(13) Approval of Sewer Reservation Agreement and amended addendum (per Work Session direction) with DRRE Investment B, LLC for property located on Dahlonega Highway formerly known as Reserve at Settingdown – District #1 - Director of Water & Sewer/County Attorney.
(Previously discussed at the 10/25/11 Work Session; removed from the 11/03/11 Regular Meeting Consent Agenda and postponed from 11/08/11, 12/06/11, 12/27/11; 01/10/12; 02/07/12; 03/27/12 and 04/10/12 Work Session Agendas).
(14) Ad Valorem Tax Exemption on Inventory and Related Referendum (Re: HB48) – Commissioners Bell/Boff.
(Postponed from 05/22/12 Work Session Agenda).
(15) Agreement to terminate Option based upon prior Board approval – County Attorney.
(Postponed from 04/24/12 Work Session Agenda).
(16) Annexation request by the City of Cumming – County Attorney.
(17) Conveyance of Water & Sewer Easement in Greystone Manor Subdivision – County Attorney.
(18) CitiMortgage Excess Tax Funds request – County Attorney.
(19) Castille Subdivision Fine Reduction – County Attorney.
(Due to a 2-2 vote taken at the May 8th, 2012 Work Session, this item has been postponed until such time that the tie can be broken).
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 Boff.
Commissioner Levent joined the meeting via conference call due to him being out of the jurisdiction (Kansas).
ADOPTION OF AGENDA
There was a motion by Commissioner Tam and a second by Commissioner Amos to add as new Item #2 (Change Order for Additional Design Work for South Parks) as a time sensitive item at the request of the County Manager. Motion carried unanimously.
There was a motion by Commissioner Amos and a second by Commissioner Bell to move Item #7 (Request approval of proposed operating hours and fees for the Old Atlanta Spray Park as recommended by the Parks & Recreation Board) to Item #3 at the request of the County Manager. Motion carried unanimously.
There was a motion by Commissioner Bell and a second by Commissioner Amos to postpone Item #18 (CitiMortgage Excess Tax Funds request) to the Work Session of June 12, 2012 at the request of the County Attorney. Motion carried unanimously.
There was a motion by Commissioner Bell and a second by Commissioner Tam to adopt the agenda as amended. Motion carried unanimously.
UNDER ITEMS FOR CONSIDERATION AND DISCUSSION THE FOLLOWING ACTIONS WERE TAKEN:
Consideration of raw and finished water contracts with the City of Cumming
Commissioner Amos recused himself from any discussion/votes on this item.
Tim Perkins, Director of Water & Sewer, displayed a spreadsheet which was created from the latest proposal from the city.
There were also comparison documents distributed for review.
There was a motion by Commissioner Tam and a second by Commissioner Bell to send the following offer to the city of Cumming:
Finished Water - $2.25/1,000; no tiers; 1.2 billion gallons required; with CPI.
Raw Water - $0.50; no tiers; CPI; no $11.4 million; up to 65%.
Raw water shared on their permit if needed.
Assist with our permit increase.
The Board took a recess. Commissioner Levent disconnected the call.
The Board came out of recess and reconvened the Work Session.
Commissioner Levent rejoined the meeting via conference call.
Vice Chairman Bell withdrew his second and Commissioner Tam restated the motion.
There was a motion by Commissioner Tam and a second by Commissioner Bell to send the following offer to the city of Cumming and that this motion be considered as time sensitive:
In this contract the city make an additional 6.5 million gallons a day on a 30 day average available to us, 50% finished and 50% raw, at our request at the same rates.
Finished Water - $2.25/1,000; no tiers; commitment of 1.2 billion gallons; CPI; duration of 5 years with option for 5 additional years.
Raw Water - $0.50/1,000; no tiers; CPI; duration of 10 years.
In these payments the $11.4 million is recognized and satisfied.
65% capacity.
Assist with our permit increase.
There was a motion by Commissioner Levent to amend the original motion to take the raw water for 20 years and the amount that we pay is $0.20/1,000 gallons and still no tiers.
Commissioner Levent’s call was disconnected.
The County Attorney advised the Board that the motion to amend was out of order since it would defeat the main motion.
There was a motion by Commissioner Boff and a second by Commissioner Tam to amend the original motion that this offer includes 65% of the water storage allocation from the Corps of Engineers (to be attempted by both the County and City).
Commissioner Levent rejoined the meeting.
Motion to amend carried with four members in favor (Boff, Bell, Levent and Tam) and one member recused (Amos).
Original motion, as amended, tied with two members in favor (Bell and Tam), two members in opposition (Boff and Levent) and one member recused (Amos).
Commissioner Levent’s call was disconnected.
Commissioner Levent rejoined the meeting.
Discussion continued.
Commissioner Levent’s call was disconnected.
Commissioner Levent rejoined the meeting.
There was a motion by Commissioner Levent and a second by Commissioner Boff to reject the offer from the city of Cumming and that this motion be approved as time sensitive. Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member recused (Amos).
There was a motion by Commissioner Levent and a second by Commissioner Boff as follows:
Finished Water - $2.25/1,000; 1.6 billion gallons as we need it; 5 years with renewal for 5 years.
Raw Water - $0.10/1,000; minimum of 20 years.
Pay invoice of $11.4 million for use of 65% capacity. Will increase as permits increase along with the capacity of the storage areas of the Corps and EPD for the life of the structure.
There was a motion by Commissioner Tam to amend the original motion that they make available at our request 6.5 million gallons a day (50/50 split raw & finished) on a 30 day average. Motion to amend was withdrawn.
Commissioner Boff withdrew his second and Commissioner Levent restated the motion.
There was a motion by Commissioner Levent and a second by Commissioner Boff as follows:
Finished water – purchase 1.2 billion gallons on an annual basis buying it on the days that we need it; $2.25/1,000 gallons; 5 year initial term with 5 year renewal.
Raw water - $0.10/1,000 gallons; 20 year term.
Intake structure - Pay the $11.4 million invoice for the intake with a commitment for 65% of future EPD permit allocations and 65% storage allocation in Lake Lanier.
City will assist us and ask for additional permits and work to get those.
Motion and second were withdrawn.
There was a motion by Commissioner Tam and a second by Commissioner Bell as follows and that the motion be approved as time sensitive:
Finished Water
I. Renew the existing Finished Water Agreement AS IS, subject to the following modifications:
A. Price shall be $2.25 per 1,000 gallons;
B. 5 year term, with a 5 year option in the discretion of Forsyth County; and,
C. Inconsistent, contradictory, or already fulfilled terms in the existing Finished Water Agreement shall be stricken.
Raw Water
I. Renew the existing Raw Water Agreement AS IS, subject to the following modifications:
A. Price shall be $.108 per 1,000 gallons;
B. 15 year term, with a 15 year option in the discretion of Forsyth County;
C. City shall make available to Forsyth County an additional 4.5 million gallons a day of raw water (based on a 30 day average), from the City’s allocation – to be purchased at the County’s discretion; and,
D. Inconsistent, contradictory, or already fulfilled terms in the existing Raw Water Agreement shall be stricken.
Intake
I. Forsyth County shall tender to the City of Cumming $11,436,450.13 within 30 days of both the City and County approving an Intergovernmental Agreement (“IGA”) memorializing the terms of this proposal, which amount shall constitute payment in full of invoice 201201050719.
The previously approved language regarding permitting allocations was authorized to be delivered, along with additional verbiage that included U.S. Corps water storage contracts.
Motion carried with four members in favor (Boff, Bell, Levent and Tam) and one member recused (Amos).
There was a motion by Commissioner Amos and a second by Commissioner Tam to consider Item #19 (Castille Subdivision Fine Reduction) prior to the D.A.T.E. Fund Annual Report for 2011. Motion carried unanimously.
Adoption of Change Order for Additional Design Work for South Parks
There was a motion by Commissioner Tam and a second by Commissioner Amos to add the Change Order for additional design work for the South Parks in the amount of $17,000 with authorization for the County Manager to sign the appropriate documents and that this item be approved as time sensitive. Motion carried unanimously.
Request approval of proposed operating hours and fees for the Old Atlanta Spray Park as recommended by the Parks and Recreation Board
There was a motion by Commissioner Tam and a second by Commissioner Amos to approve the proposed operating hours and fees for the Old Atlanta Spray Park as recommended by the Parks and Recreation Board and that this item be approved as time sensitive. Motion carried unanimously.
Castille Subdivision Fine Reduction
This item was placed on the agenda as the result of a tie vote at the Work Session of May 8, 2012. The pending motion is as follows:
There was a motion by Commissioner Bell and a second by Commissioner Boff to reduce the fines by 50% to $31,250 and that no Certificates of Occupancy will be issued until the fines are paid and that this item be approved as time sensitive.
Chairman Boff and Vice Chairman Bell had voted in favor of the motion. Commissioner Levent and Commissioner Amos had voted against the motion. Commissioner Tam must cast his vote today in order to break the tie. Commissioner Tam voted against the motion.
The motion failed due to lack of a majority vote with two members in favor (Boff and Bell) and three members in opposition (Levent, Amos and Tam).
There was a motion by Commissioner Amos and a second by Commissioner Bell to allow the maximum fine reduction to $15,625 total with authorization for the County Manager to sign all documents and that this item be approved as time sensitive. Motion carried unanimously.
Note: The fine will be paid prior to the issuance of Certificates of Occupancy.
D.A.T.E. Fund Annual Report for 2011
The D.A.T.E. Fund (Drug Abuse Treatment & Education Fund) annual report is required by the D.A.T.E. Fund By-laws. Funds were expended for the following: Drug Court operation; Residential substance abuse treatment for indigent participants/defendants; Additional drug screens for felony probation; Drug Education class materials for Forsyth County School System; Funding to support DUI Court through additional drug screens or basic emergency needs of participants and provide basic keepsake medallions for Drug Court graduates. There were 56 new participants and 29 graduates. There was no action taken.
Vice Chairman Bell announced that he intends to remove from the table the issue related to Larry Pierce regarding a variance, VA070074, which was tabled on February 7, 2008. This will be added to the next Work Session agenda.
Commissioner Levent disconnected the call and left the meeting.
Request appointment of the employees’ representative to the Forsyth County Board of Ethics for the term commencing July 1, 2012 thru June 30, 2014 and Request appointment of the elected officials’ representative to the Forsyth County Board of Ethics for the term commencing July 1, 2012 thru June 30, 2014
Vice Chairman Bell advised the Board that the employees were only given seven (7) days to submit nominations. According to the Ethics Ordinance the employees are supposed to be given 30 days to submit nominations. The same one week time period was followed for the elected officials’ representative.
There was a motion by Commissioner Bell and a second by Commissioner Amos to not accept the employees’ representative of Charles Laughinghouse or the elected officials’ representative of Phill Bettis due to the nominations not being open long enough and to send it back to the Ethics Board to start the process over according to the rules. Motion carried with four members in favor (Boff, Bell, Amos and Tam) and one member absent (Levent).
See Page #9 for additional action taken on this item.
Request approval of Stop Loss Coverage for the Inmate Medical Plan to be provided by Lloyd’s, London for the period 06/01/12 to 05/31/13, with a deductible in the amount of $40K with $250K per inmate limit per annum and approval for the County Manager to sign upon final legal review and approval of agreement
There was a motion by Commissioner Bell and a second by Commissioner Amos to approve the Stop Loss Coverage for the Inmate Medical Plan to be provided by Lloyd’s, London for the period 06/01/2012 to 05/31/2013, with the deductibles and fees and with authorization for the County Manager to sign the agreement upon final legal review and approval and that this item be approved as time sensitive. Motion carried with four members in favor (Boff, Bell, Amos and Tam) and one member absent (Levent).
Proposed modifications to the Solid Waste Management Ordinance (Ordinance #84)
Tammy Wright, Manager of Environmental Programs, came before the Board to present the proposed modifications to the Solid Waste Management Ordinance (Ordinance #84).
There was a motion by Commissioner Bell and a second by Commissioner Amos for approval to move forward with legal advertisements for public hearings for the proposed modifications with an amendment to Page 11, Section 5 to read “and/or”. Motion carried with four members in favor (Boff, Bell, Amos and Tam) and one member absent (Levent).
Request appointment of the employees’ representative to the Forsyth County Board of Ethics for the term commencing July 1, 2012 thru June 30, 2014 and Request appointment of the elected officials’ representative to the Forsyth County Board of Ethics for the term commencing July 1, 2012 thru June 30, 2014
The County Attorney advised the Board of the need to revisit Item #3 and Item #4. After further review of the Ethics Ordinance and discussion with the Director of Personnel Services he feels that the nomination process would be less than 30 days since both the nomination and vote are to occur within 30 days.
There was a motion by Commissioner Bell and a second by Commissioner Amos to review the Ethics Ordinance at the next Work Session and if clarification is needed that the Board do so, hold the required Public Hearings and then go back and hold the elections.
The Director of Personnel Services advised the Board that all previous nomination processes have followed this same process.
Motion and second were withdrawn.
There was a motion by Commissioner Bell to ask the County Attorney to bring back to the next Work Session language that lays out very clear steps for the nomination and election process. Motion was withdrawn.
Vice Chairman Bell requested that a review of the language of the portions of the Ethics Ordinance regarding the election and nomination process be placed on the next Work Session agenda and ask the County Attorney to have language prepared for that Work Session.
There was a motion by Commissioner Boff and a second by Commissioner Bell to reconsider both Item #3 and Item #4. Motion carried with four members in favor (Boff, Bell, Amos and Tam) and one member absent (Levent).
There was a motion by Commissioner Bell and a second by Commissioner Amos to postpone Item #3 and Item #4 until the Ethics Ordinance is resolved. Motion carried with three members in favor (Bell, Amos and Tam), one member in opposition (Boff) and one member absent (Levent).
Sign Ordinance – signs for churches and modifications to performance standards
Tom Brown, Director of Planning & Community Development, came before the Board to discuss signs for churches and modifications to performance standards. The modified Performance Standards document was discussed.
There was a motion by Commissioner Tam and a second by Commissioner Amos to bring forward for a Public Hearing the language that the Director of Planning & Community Development has drafted and to address the type of roadways (major/minor arterials or collectors). Motion carried with four members in favor (Boff, Bell, Amos and Tam) and one member absent (Levent).
There was a motion by Commissioner Bell and a second by Commissioner Amos to postpone the discussion regarding Freestanding Signs to the next Work Session. Motion carried with four members in favor (Boff, Bell, Amos and Tam) and one member absent (Levent).
Discussion regarding membranes at Fowler Reclamation Facility & Board approval to proceed with Phases 1, 2, 3 and 4 with Kubota at the Fowler Reclamation Facility and AECOM to provide full details and specifications to the Director of Purchasing and the Director of Water & Sewer which will be presented at the next regular Work Session - April 24th
There was a motion by Commissioner Amos and a second by Commissioner Bell to combine the discussion on Item #9 (Discussion regarding membranes at Fowler Reclamation Facility) and Item #10 (Board approval to proceed with Phases 1, 2, 3 and 4 with Kubota at the Fowler Reclamation Facility and AECOM to provide full details and specifications to the Director of Purchasing and the Director of Water & Sewer which will be presented at the next regular Work Session - April 24th). Motion carried with four members in favor (Boff, Bell, Amos and Tam) and one member absent (Levent).
Nick Cooper, Project Manager with AECOM, addressed the Board. He reviewed their proposal with the Board.
John Kieffer, representative of Avivo/Kubota, addressed the Board.
Vice Chairman Bell requested that Mr. Cooper provide answers to the 10 questions in the letter of April 5, that the Board look at the cost and to have membrane suppliers answer the questions so the Board can make a decision.
Lee Grant, Vice President of AECOM, addressed the Board.
The Board requested staff to get a price to stay with C’s for Phases 3 & 4.
There was a motion by Commissioner Amos and a second by Commissioner Boff to postpone this item to the Work Session of June 12, 2012. Motion carried with four members in favor (Boff, Bell, Amos and Tam) and one member absent (Levent).
The Board requested to see official numbers for Phases 3 & 4, finishing up 1 & 2 to make it type Cs, price type D’s out, get a price on Kubota filters, what the capacity of the plant will increase to and justification to spend funds above the contract.
Commissioner Tam stated that a meeting needs to be scheduled for either Wednesday afternoon or Thursday to discuss the water contracts. A Special Called Meeting was scheduled for Thursday, May 24 at 9:00 a.m.
There was a motion by Commissioner Boff and a second by Commissioner Amos to take Item #16 as the next item. Motion carried with four members in favor (Boff, Bell, Amos and Tam) and one member absent (Levent).
Annexation request by the City of Cumming
There was a motion by Commissioner Boff and a second by Commissioner Bell to not tender an objection to the proposed annexation and that this item be approved as time sensitive. Motion carried with four members in favor (Boff, Bell, Amos and Tam) and one member absent (Levent).
The Board took a recess.
The Board came out of recess and reconvened the Work Session.
Approval of Sewer Reservation Agreement between Forsyth County and Ryland Homes for 16,200 gallons per day of sewer capacity for the Post Preserve development (60 residential lots) – Fowler WRF – District #3
There was a motion by Commissioner Boff and a second by Commissioner Bell to approve the Sewer Reservation Agreement between Forsyth County and Ryland Homes for 16,200 gallons per day of sewer capacity for the Post Preserve development (60 residential lots) – Fowler WRF and that this item be approved as time sensitive. Motion carried with four members in favor (Boff, Bell, Amos and Tam) and one member absent (Levent).
Discussion and possible approval of various sewer refund requests per the Forsyth County Sewer Repurchase Policy
Tim Perkins, Director of Water & Sewer, advised the Board that there have been several sewer refund requests. A list of the requests was distributed to the Board.
There was a motion by Commissioner Bell and a second by Commissioner Amos to authorize a refund to Georgia Industrial Investments in the amount of $1,155,000 which equates to 100% of their money recognizing that this goes over the 50% if it’s allowable and that this item be approved as time sensitive. Motion carried with four members in favor (Boff, Bell, Amos and Tam) and one member absent (Levent).
The remainder of the requests will be placed on the Work Session of June 12, 2012.
There was a motion by Commissioner Boff and a second by Commissioner Amos to postpone Item #13 (Approval of Sewer Reservation Agreement and amended addendum (per Work Session direction) with DRRE Investment B, LLC for property located on Dahlonega Highway formerly known as Reserve at Settingdown – District #1), Item #14 (Ad Valorem Tax Exemption on Inventory and Related Referendum, Re: HB48), Item #15 (Agreement to terminate Option based upon prior Board approval) and Item #17 (Conveyance of Water & Sewer Easement in Greystone Manor Subdivision) to the Work Session of June 12, 2012. Motion carried with four members in favor (Boff, Bell, Amos and Tam) and one member absent (Levent).
There was a motion by Commissioner Amos and a second by Commissioner Boff to recess the Work Session and enter into Executive Session for the purposes of Litigation, Land Acquisition and Personnel. Motion carried with four members in favor (Boff, Bell, Amos and Tam) and one member absent (Levent).
The Board came out of recess and reconvened the Work Session.
There was a motion by Commissioner Bell and a second by Commissioner Amos to adjourn. Motion carried with four members in favor (Boff, Bell, Amos and Tam) and one member absent (Levent).
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Clerk/Deputy Clerk of Commission
The above and foregoing Minutes are hereby certified as being correct and ordered
recorded.
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JIM BOFF, CHAIRMAN
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PATRICK B. BELL, VICE CHAIRMAN
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TODD LEVENT, SECRETARY
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RALPH J. AMOS, MEMBER
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BRIAN R. TAM, MEMBER
For detailed information concerning this meeting please reference the streaming video located on the Forsyth County Web site at www.forsythco.com.
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