6/26/2007 - Board of Commissioners Called/Work Session

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FORSYTH COUNTY BOARD OF COMMISSIONERS
CALLED MEETING/WORK SESSION
JUNE 26, 2007

On Tuesday, June 26, 2007 at 2:07 p.m., in the Commissioners’ Conference Room of the Forsyth County Administration Building, the Forsyth County Board of Commissioners held a Called Meeting/Work Session with the following persons present: Charles Laughinghouse – Chairman, David W. Richard – Vice Chairman, Dr. Linda K. Ledbetter – Member, Brian R. Tam – Member, Rhonda O’Connor – Interim County Manager, Ken Jarrard – County Attorney, Shawn Scott – Impact Fee Administrator/Special Projects Coordinator and Cindy Henderson – Deputy Clerk.

Commissioner Harrell was absent.

AGENDA
CALLED MEETING/WORK SESSION
FORSYTH COUNTY BOARD OF COMMISSIONERS
TUESDAY, JUNE 26, 2007 @ 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) Judicial Software – Leslie Abernathy/Stephan Frank.

(2) Appointment of member to the Civil Service Board – Director of Personnel Services.

(3) Permission for DUI Court to apply for Grant opportunity through the United Way – no matching funds required – Jennifer O’Kelley.

(4) Permission for Drug court to apply for United Way Priority Needs Grant in the amount of $3,200.00 – no matching funds required – Jennifer Johnston.

(5) Presentation of As-Built Residential Density Map – Senior Long-Range Planner.

(6) Brookwood Road widening project – Commissioner Richard.

(7) Request approval of Governmental Encroachment Agreement for Easement with Georgia Transmission for the Mount Tabor Sewer Force Main Project – Director of Water & Sewer.

(8) Request for waterline on Collins Point Road – Director of Water & Sewer.

(9) Cousins Properties Cost Share Agreement – Director of Water & Sewer.

(10) Cost Share Agreement with North Point Real Estate Group for low pressure sewer system on Pilgrim Mill Road – Director of Water & Sewer.

(11) Request by Korean Evangelical Holiness Church for sewer – Director of Water & Sewer.

(12) Request by McCar Homes for reduced sewer tap fees – Director of Water & Sewer.

(13) Request for fire hydrants on Old Still Run Road – two (2) hydrants approximately $15,000.00 – Director of Water & Sewer.

(14) Relocation of and Quit Claim of existing sewer easement – County Attorney/Director of Water & Sewer.

(15) Thomas and Helen Harris’ request for Tax Refund per O.C.G.A. 48-5-380 – County Attorney.

(16) AT&T Gap Franchise Agreement – County Attorney.

(17) Metro PCS Service Agreement – County Attorney.

V. Recess Called Meeting/Work Session

VI. Executive Session if Needed

VII. Adjournment


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

The Pledge of Allegiance was given by Chairman Laughinghouse.

ADOPTION OF AGENDA

Rhonda O’Connor, Interim County Manager, requested to add Item #18 (Adoption of Nutrition Program Contract for FY 2008 for the period of July 1, 2007 to June 30, 2008 between Forsyth County and The Legacy Link, Inc.) to the agenda. Without exception, this item was added.

Item # 6 (Brookwood Road Widening Project) was moved to Item #1.

There was a motion by Commissioner Tam and a second by Commissioner Richard to adopt the agenda as amended. Motion carried with four members in favor (Laughinghouse, Richard, Ledbetter and Tam) and one member absent (Harrell).

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

Brookwood Road Widening Project

There was a motion by Commissioner Richard and a second by Commissioner Ledbetter to direct the Director of Engineering to investigate and design proper intersection improvements at both SR 141 and McGinnis Ferry Road and turn lanes at existing subdivisions and proposed school sites and to put right-of-way acquisition on hold and to evaluate funding for SPLOST 6. Motion carried with four members in favor (Laughinghouse, Richard, Ledbetter and Tam) and one member absent (Harrell).

Judicial Software

This item comes before the Board due to an issue that the Solicitor’s Office has with computer software. The Sheriff’s Office new software (InterAct) cannot communicate with the software of the Solicitor’s Office. The Solicitor’s Office is requesting an emergency addition of a clerk to do the translation between the Sheriff’s Office system and their court cases. This would be a temporary position until the new Judicial Software is ready. The Interim County Manager recommended the hiring of a temp using their Professional Management Fees. The Court system was authorized to hire temps as necessary to manually enter the data and if more funds are needed in the future they can come back before the Board of Commissioners.

Appointment of member to the Civil Service Board

Pat Carson, Director of Personnel Services, advised the Board that they will be voting on an expiring term of a Civil Service Board appointee at the July 5, 2007 meeting. The term of Terry Smith expires on July 21, 2007. No action was taken.

Permission for DUI Court to apply for Grant opportunity through the United Way – no matching funds required

There was a motion by Commissioner Ledbetter and a second by Commissioner Richard to grant permission for DUI Court to apply for the grant opportunity through the United Way. Motion carried with four members in favor (Laughinghouse, Richard, Ledbetter and Tam) and one member absent (Harrell).

Permission for Drug Court to apply for United Way Priority Needs Grant in the amount of $3,200.00 – no matching funds required

There was a motion by Commissioner Richard and a second by Commissioner Laughinghouse to grant permission for Drug Court to apply for the United Way Priority Needs Grant. Motion carried with four members in favor (Laughinghouse, Richard, Ledbetter and Tam) and one member absent (Harrell).

Presentation of As-Built Residential Density Map

Vanessa Bernstein, Senior Long Range Planner, came before the Board to present the As-Built Residential Density Map. This map was prepared in response to a previous request by the Board. The map was prepared by looking at all major subdivisions (these are subdivisions that have seven or more lots). Density was calculated for both complete and incomplete subdivisions. Of the 730 total subdivisions in which the density was calculated, 59 of those were incomplete. Two handouts were presented to the Board – the first was a Future Land Use Map and the second was an As-Built Residential Density Map. Chairman Laughinghouse stated that he would like to see the commercial component brought into the map. Staff recommends a Future Land Use Map amendment. The Board had previously expressed interest in a Future Land Use amendment based on rezonings on an annual update basis. For this year that could be coupled with an amendment based on the as-built residential density. This could be done beginning in October and could be completed by the end of the year. Incomplete subdivisions would not be included at this time. The Board expressed their interest in beginning the update process sooner rather than waiting to 2008.

Request approval of Governmental Encroachment Agreement for Easement with Georgia Transmission for the Mount Tabor Sewer Force Main Project

There was a motion by Commissioner Richard and a second by Commissioner Ledbetter to approve the Governmental Encroachment Agreement for Easement with Georgia Transmission for the Mount Tabor Sewer Force Main Project as presented with authorization for the Interim County Manager to sign the documents and that this item be placed on the next Consent Agenda provided the County Attorney receives approval from Commissioner Harrell. Motion carried with four members in favor (Laughinghouse, Richard, Ledbetter and Tam) and one member absent (Harrell).

Request for waterline on Collins Point Road

Tim Perkins, Director of Water & Sewer, came before the Board to present a request for a waterline on Collins Point Road. The estimated cost is $105,285. This cost estimate does not include the houses along Collins Drive. There are no funds budgeted at this time. Chairman Laughinghouse suggested taking a look at including projects such as this in SPLOST 6. Commissioner Richard suggested that the Director of Water & Sewer go back to the residents with the cost to see if they are willing to share the cost. The Director of Water & Sewer stated that letters can be sent to all the property owners along the route as part of a survey. The Board directed the Director of Water & Sewer to do a cost estimate on a 2” line for emergency purposes and to bring the cost estimate back to the Board.

Cousins Properties Cost Share Agreement

Tim Perkins, Director of Water & Sewer, came before the Board to discuss the Water Line Cost Share Agreement between Avenue Forsyth, LLC (Cousins) and Forsyth County. This involves the upsizing from an 8” line to a 24” line along Ronald Reagan. The Board had instructed the Director of Water & Sewer to meet with the developer. A revised cost estimate was presented to the Board. The cost is now $139,128. Allowances were then added which brings the total to $165,528 if the allowances are needed. The Board directed staff to prepare the Cost Share Agreement using these numbers and to place it on the next Consent Agenda.

Chairman Laughinghouse left the meeting.

Chairman Laughinghouse returned to the meeting.

Cost Share Agreement with North Point Real Estate Group for low pressure sewer system on Pilgrim Mill Road

This item involves the request for a Cost Share Agreement with North Point Real Estate Group for a low pressure sewer system on Pilgrim Mill Road. This is for a proposed 21 lot development. This area on the master plan calls for low pressure sewer. A question arose as to the current zoning of this property. There was a motion by Commissioner Laughinghouse and a second by Commissioner Tam to postpone this item to the Called Meeting/Work Session of July 10, 2007 to allow the County Attorney to investigate the current zoning of the property. Motion carried with four members in favor (Laughinghouse, Richard, Ledbetter and Tam) and one member absent (Harrell).

Request by Korean Evangelical Holiness Church for sewer

This involves a request by the Korean Evangelical Holiness Church to apply for a site development and construction permit with a sewer condition. They would like to start construction on their facility as soon as possible without sewer and without the promise of sewer. They will not occupy the space until the sewer issue is resolved. The location of the proposed facility was not clear. There was a motion by Commissioner Laughinghouse and a second by Commissioner Richard to postpone this item to the Called Meeting/Work Session of July 10, 2007 for additional information. Motion carried with four members in favor (Laughinghouse, Richard, Ledbetter and Tam) and one member absent (Harrell).

Request by McCar Homes for reduced sewer tap fees

This item involves a request by McCar Homes for reduced sewer tap fees for the Pinnacle Glen development. It has come to the attention of McCar Homes that the development has 23 lots in which the sewer tap fees were not paid. There were 172 taps purchased. Pinnacle Glen consists of 194 homes and one amenity area which totals 195 sewer taps. McCar Homes participated in running the Bagley Creek line and they funded 40% - 50% of the line up front. The tap fees at that time were $4,050 and they were allowed to purchase taps at that cost. The County funded the remaining part of the construction and increased the tap fee by $4.00 to $19.00 per gallon. McCar Homes was to buy their taps up front. They would like to purchase the additional taps at $15.00 per gallon. There was a motion by Commissioner Richard and a second by Commissioner Laughinghouse to deny the request by McCar Homes for reduced sewer tap fees. Motion carried with four members in favor (Laughinghouse, Richard, Ledbetter and Tam) and one member absent (Harrell).

Request for fire hydrants on Old Still Run Road – two (2) hydrants approximately $15,000.00

This item involves the request for fire hydrants on Old Still Run Road. This property is located off of Julian Road. The road has recently been paved. The cost for the hydrants would be $15,000 which would have to come out of cash reserves. This is not a budgeted item. The Director of Water & Sewer is to check with the residents to see if they are willing to contribute to the cost.

Relocation of and Quit Claim of existing sewer easement

Windermere. LLC has a parcel where we have an active sewer easement and an active sewer pipe going through the current site of their building. The building has not been built. They are requesting that the County quit claim our easement and immediately receive another easement which would bypass the proposed building. This would be accomplished in one document with Windermere, LLC bearing all costs. The documents can be drafted by the County Attorney. It was the consensus of the Board to authorize the County Attorney to prepare the documents.

AT & T Gap Franchise Agreement

There was a motion by Commissioner Ledbetter and a second by Commissioner Richard to accept the AT & T Gap Franchise Agreement as presented by the County Attorney with authorization for the Interim County Manager to sign the documents and that this item be placed on the next Consent Agenda provided the County Attorney receives approval from Commissioner Harrell. Motion carried with four members in favor (Laughinghouse, Richard, Ledbetter and Tam) and one member absent (Harrell).

Metro PCS Service Agreement

There was a motion by Commissioner Richard and a second by Commissioner Tam to adopt the Metro PCS Service Agreement with authorization for the Interim County Manager to sign the documents and that this item be placed on the next Consent Agenda provided the County Attorney receives approval from Commissioner Harrell. Motion carried with four members in favor (Laughinghouse, Richard, Ledbetter and Tam) and one member absent (Harrell).

Adoption of Nutrition Program Contract for FY 2008 for the period of July 1, 2007 to June 30, 2008 between Forsyth County and The Legacy Link, Inc.

There was a motion by Commissioner Ledbetter and a second by Commissioner Tam to adopt the Nutrition Program Contract for FY 2008 for the period of July 1, 2007 to June 30, 2008 between Forsyth County and The Legacy Link, Inc. with authorization for the Interim County Manager to sign the documents and that this item be placed on the next Consent Agenda provided the County Attorney receives approval from Commissioner Harrell. Motion carried with four members in favor (Laughinghouse, Richard, Ledbetter and Tam) and one member absent (Harrell).

Thomas and Helen Harris’ request for Tax Refund per O.C.G.A. 48-5-380

There was a motion by Commissioner Laughinghouse and a second by Commissioner Richard to deny the request by Thomas and Helen Harris for Tax Refund per O.C.G.A. 48-5-380. Motion carried with four members in favor (Laughinghouse, Richard, Ledbetter and Tam) and one member absent (Harrell).

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


____________________________________
Clerk/Deputy Clerk of Commission


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



____________________________________________
CHARLES LAUGHINGHOUSE, CHAIRMAN


____________________________________________
DAVID W. RICHARD, VICE CHAIRMAN


____________________________________________
JIM HARRELL, SECRETARY



____________________________________________
DR. LINDA K. LEDBETTER, MEMBER


____________________________________________
BRIAN R. TAM, MEMBER


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Fax: 770-781-2199