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FORSYTH COUNTY BOARD OF COMMISSIONERS
WORK SESSION
AUGUST 25, 2009

On Tuesday, August 25, 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 and Sonya Bush Clerk.

AGENDA
WORK SESSION
FORSYTH COUNTY BOARD OF COMMISSIONERS
TUESDAY, AUGUST 25, 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) Adoption of Resolution related to Personnel Procedures for the Abolishment of Existing Classification Descriptions and/or Positions Commissioner Bell on behalf of Finance Committee.
(Postponed from 08/13/09 Work Session Agenda).

(2) Request by the Planning Commission for the Board of Commissioners to review and provide feedback and/or possible revisions to UDC, Section 20B-3.5 pertaining to MPDs, as well as additional clarification regarding methodology for assessment and enforcement of UDC Section 21-2.1(c)(3) Assistant Director of Planning & Development.
(Postponed from 08/13/09 Work Session Agenda).

(3) Consideration of expediting rezonings when properties are being zoned to Agricultural District (downzoning) Director of Planning & Development.
(Postponed from 08/13/09 Work Session Agenda).

(4) Conservation Subdivision (CONS) Zoning District Commissioner Bell.
(Postponed from 08/13/09 Work Session Agenda).

(5) Request by the Social Services Committee for approval of the FY2010 Policies and Application Procedures for the Social Services Grant Grants Administrator.
(Due to a scheduling conflict, there will be a request to move this item to #1 on the agenda).

(6) Discussion of James Creek Subdivision Zoning Condition #31 placed on ZA2643 (Ryland Homes) District #2 - Director of Planning & Development.

(7) Review of Animal Shelter options Chief Financial Officer.

(8) Procedures for Board Appointments Commissioner Bell.
(Postponed from 07/28/09 Work Session Agenda).

(9) 2009 Budget Update and consideration of Budget Reduction Options Chief Financial Officer/County Manager.

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 postpone Item #7 (Review of Animal Shelter Options) to the Work Session scheduled for September 8, 2009.

There was a motion by Commissioner Bell and a second by Commissioner Harrell to move Item #5 (Request by the Social Services Committee for approval of the FY2010 Policies and Application Procedures for the Social Services Grant) to Item #1. Motion carried unanimously.

There was a motion by Commissioner Boff and a second by Commissioner Bell to add Item #10 (Bids for the Animal Shelter). Motion carried unanimously.

There was a motion by Commissioner Tam and a second by Commissioner Bell to move Item #6 (Discussion of James Creek Subdivision Zoning Condition #31 placed on ZA2643 - Ryland Homes) to Item #2. Motion carried unanimously.

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

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

Request by the Social Services Committee for approval of the FY2010 Policies and Application Procedures for the Social Services Grant

There was a motion by Commissioner Bell and a second by Commissioner Tam to approve the FY2010 Policies and Application Procedures for the Social Services Grant 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.

Discussion of James Creek Subdivision Zoning Condition #31 placed on ZA2643 (Ryland Homes) District #2

This item involves Condition #31 placed on ZA2643 (Ryland Homes). Condition #31 states: Applicant/developer to donate (2) acres to Forsyth County for public safety purposes. This donation shall be completed prior to the first final plat being recorded. Developer will also grade site and bring utilities to the site. To date, this donation has not occurred. Due to the location of other precincts, the Fire Department does not see a need for this two acres of property. There have been discussions about the possibility of negotiating another possible need for public safety in terms of a jaws of life being purchased for the County and/or some other apparatus as needed by the Fire Department in lieu of the land.

There was a motion by Commissioner Tam and a second by Commissioner Boff to direct the County Attorney and Director of Planning & Development to draft a letter to the bank regarding this issue. Motion carried unanimously.

Adoption of Resolution related to Personnel Procedures for the Abolishment of Existing Classification Descriptions and/or Positions

Pat Carson, Director of Personnel Services, distributed a revised red-lined version. There was a motion by Commissioner Bell and a second by Commissioner Laughinghouse to adopt the Resolution related to Personnel Procedures for the Abolishment of Existing Classification Descriptions and/or Positions and that this item be placed on the next available Consent Agenda. Motion carried unanimously.

Request by the Planning Commission for the Board of Commissioners to review and provide feedback and/or possible revisions to UDC, Section 20B-3.5 pertaining to MPDs, as well as additional clarification regarding methodology for assessment and enforcement of UDC, Section 21-2.1(c)(3)

Jim Quinn, Planning Commission member, made a presentation to the Board. Matt Murphy, Planning Commission member, also addressed the Board regarding his concerns regarding the 25% impervious surface on the Big Creek watershed. This has to come from the state to determine if this is per county or per the watershed. He recommended that the Board get clarification in writing from the state.

Commissioner Tam left the meeting.

The Chairman stated that for right now all we can do is say that within Forsyth County within the portion of the Big Creek Watershed that falls within our auspices we will make every effort to limit impervious surface to 25%.

There was discussion regarding the administrative regulations that were adopted by Forsyth County. The question was raised if there had been any guidance from the state on how it should be interpreted. If no, then it is up to the Director of Planning & Development.

Mr. Murphy advised the Board that he received a call from Senator Pearson that he will not let people downstream dictate what we do and if the state needs to clarify this then they will.

There was a motion by Commissioner Bell and a second by Commissioner Harrell to amend Section 21-2.1(C)(3) to clearly indicate that it is land in Forsyth County specifically the Big Creek Watershed. Motion carried with four members in favor (Laughinghouse, Harrell, Bell and Boff) and one member absent (Tam).

Tom Brown, Assistant Director of Planning & Development, distributed a form for Master Planned District Density Calculation.

Commissioner Harrell stated that he would like for the Board to start looking at a UDC change regarding where churches are built. This item will need to be discussed at a future Work Session.

Consideration of expediting rezonings when properties are being zoned to Agricultural District (downzoning)

Jeff Chance, Director of Planning & Development, brought this item before the Board. There has been an increasing number of property owners who have had their property zoned and are now inquiring about down zoning or returning their property back to the Agricultural zoning designation. There has also been discussion on the possibility of expediting these requests. Staff is now bringing this to the Board to see if there is any interest in expediting this process. Without exception, the Board directed staff and Legal Counsel to draft a procedure for expediting downzonings. The County Attorney suggested that this come back to the Board at a future Work Session for approval.

Conservation Subdivision (CONS) Zoning District

Commissioner Bell requested that the Board consider some type of incentive to maintain as much greenspace as possible the next time revisions are made to the UDC. There was no action taken.

Procedures for Board Appointments

This item was previously discussed at the Work Session of July 28, 2009. At that meeting, Commissioner Bell brought the following points to the Board for their consideration:

Board appointment terms should expire when the Commissioner that appointed them leaves office unless the new Commissioner reappoints them.

Adding a provision that prohibits a person from serving on more than one committee or board in order to give more citizens an opportunity to serve.

If a Board appointee decides to run for office then they should step down to avoid a conflict of interest.

Chairman Laughinghouse stated that he doesnt see any reason to restrict a person from serving on more than one board.

Commissioner Harrell feels that the Planning Commission should be appointed by the Board member. He feels that rather than removing all the Board appointees when a Commissioners term ends, to allow the Commissioner to consider each of them one at a time as they come up in order to get to know the person and find out if they are doing a good job and to get a recommendation from the place where they are serving and make a decision in due course.

A list of Board appointments and terms will be provided to the Board.

The Board took a recess.

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

2009 Budget Update and consideration of Budget Reduction Options

Bill Thomas, Chief Financial Officer, made a presentation to the Board. At this time the projected revenues are $77,833,951 and the projected expenditures are $84,110,108. These numbers result in a projected deficit of $6,276,157.

The expenditures include:

$2,484,257 in Capital Project Fund Transfers.
$694,000 in Vehicle Fund Transfers.
$2,121,213 available for contingency to cover unexpected expenses through the end of the year. (Note: Based on recent adjustments, the contingency fund is now at approximately $2,000,000).

The County Manager presented a spreadsheet of proposed 2009 Cost Saving Measures for the Boards consideration. The options include:

Unpaid Holidays 4 unpaid holidays for remainder of 2009 approved at a previous meeting.
Voluntary Furloughs applied to all county employees.
Budget Adjustments applied countywide. Across the board budget reductions. Departments with limited resources/staff may be partially (or in whole) exempt.
Staff Reductions in all departments reporting to the County Manager - 4 options presented.
Reduction in Services reduce internal/external services.
Contingency Funds use of contingency funds to help balance the 2009 budget.
General Fund Reserve use General Fund reserve to help balance the 2009 budget.
Vehicle Replacement reduce or eliminate.
Current Vacancies eliminate a select number of vacant positions in departments reporting to County Manager and others.
Capital Funds freeze use of Capital Fund account balance.
Delay Construction Projects.

Commissioner Harrell would like feedback from the Constitutional Officers on current vacancies. He would also like to meet with the County Manager to discuss the different staff reduction levels and what that would mean to the operation.

The County Manager advised the Board that Department Heads that report to the County Manager have been directed to evaluate their departments and to identify staff, services and/or both that could be reduced. Those reports are due on Wednesday, August 26.

Chief Hamrick is to provide a list of vehicles that need to be replaced.

As far as staff reductions, we are fairly close to evening out staff for this year but a third cut will be necessary. A review in the first quarter of 2010 may need to be done for a possible fourth cut.

Without exception, for 2009, the Capital Project Funds will be taken off the books; take all but $500,000 of Contingency off the books and at the present time take the Vehicle Fund transfers off the books; holidays as well as the current vacant positions. We may need to do something about the Vehicle Fund transfers depending upon the report received from the Sheriffs Office.

Additional discussions and decisions will be considered at the next Work Session.

Bids for Animal Shelter

The Board directed the Procurement Director to prepare a scope of work and to send this out for an RFP. The RFP will consist of three components:

Design/build of the facility.
Operation of the facility.
Design, build and operation of facility.

No further action was taken.

There was a motion by Commissioner Boff and a second by Commissioner Bell to adjourn the Work Session and enter into Executive Session for the purpose of litigation, land acquisition and personnel. 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.

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CHARLES LAUGHINGHOUSE, CHAIRMAN

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JIM HARRELL, VICE CHAIRMAN

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PATRICK B. BELL, SECRETARY

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BRIAN R. TAM, MEMBER

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JIM BOFF, MEMBER