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FORSYTH COUNTY BOARD OF COMMISSIONERS
REGULAR MEETING/PUBLIC HEARINGS
JANUARY 21, 2010
On Thursday, January 21, 2010 at 5:01 p.m., in the Commissioners’ Meeting Room of the Forsyth County Administration Building, the Forsyth County Board of Commissioners held a Regular Meeting/Public Hearings with the following persons present: Charles Laughinghouse – Chairman, Jim Harrell – Vice Chairman, Jim Boff – Secretary, Brian R. Tam – Member, Patrick B. Bell – Member, Doug Derrer – County Manager, Ken Jarrard – County Attorney, Bill Thomas – Chief Financial Officer and Sonya Bush – Clerk.
AGENDA
FORSYTH COUNTY BOARD OF COMMISSIONERS
THURSDAY, JANUARY 21, 2010 @ 5:00 P.M.
FORSYTH COUNTY ADMINISTRATION BUILDING
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
V. Public Comments
VI. Adoption of Minutes:
(1) Regular Meeting/Public Hearings and Executive Session of January 7, 2010.
(2) Work Session and Executive Session of January 12, 2010.
VII. Consent Agenda:
(1) Adoption of Resolutions authorizing Affidavits concerning Executive Sessions of January 7, 2010 and January 12, 2010.
(2) The following items were previously discussed and unanimously approved at a Work Session held on January 12, 2010:
(A) Approval of the 2009 Administrative Services Agreement with Blue Cross Blue Shield (BCBS) of Georgia for the administration of the Forsyth County Employee Medical Program – Director of Personnel Services.
(B) Acceptance of the ESRI and Trimble 2009 Mobile Government Grant for the Water & Sewer Department in the amount of $4,500.00 – no match required – Grants Administrator.
(C) Adoption of Resolution waiving all portions of allocated Qualified Energy Conservation Bonds authorized by The American Recovery and Reinvestment Act – Grants Administrator/Chief Financial Officer.
(D) Acceptance of RFP 09-93-2410 for firefighter physicals – Procurement Director.
(E) Approval of Annual Committee Appointments for 2010 as follows: (County Manager)
Roads & Bridges
Jim Harrell
Charles Laughinghouse
Water & Sewer
Charles Laughinghouse
Jim Boff
Doug Derrer
Tim Perkins
Facilities
Patrick Bell
Brian Tam
Public Safety
Patrick Bell
Brian Tam
Technology
Jim Boff
Jim Harrell
Planning & Zoning
Charles Laughinghouse
Patrick Bell
Parks & Recreation
Brian Tam
Jim Boff
Chestatee-Chattahoochee
Resource Conservation
& Development Council
Lewis Darnell
Jim Boff
Georgia Mountains
Charles Laughinghouse
Health Board
Brian Tam
N. Georgia Emergency
Medical Services
Advisory Council
Danny Bowman
Richard C. Hamilton
Finance
Jim Harrell
Patrick Bell
Bill Thomas
Doug Derrer
Intergovernmental
Relations (A)
(Outside City)
Charles Laughinghouse
Patrick B. Bell
Intergovernmental
Relations (B)
(City)
Jim Boff
Brian R. Tam
VIII. Public Hearings:
(1) Request by G. G. Magee Antiques & Classics d/b/a Mountain View Pawn for an application to open and operate a Pawnbroker Establishment (Pawnshop) - Named Licensee is Gary Gene Magee - District #4 - County Manager.
(2) Request by Smart Growth regarding the approval of a stream buffer variance and an impervious surface setback variance by the Forsyth County Zoning Board of Appeals on August 4, 2009 – AB# VA090020 – (AV090003) –District #5 – Director of Planning & Development.
(Postponed from 10/01/09, 11/29/09 and 12/17/09 Agendas).
(3) Presentation of proposed changes to the UDC, Chapters 3 and 15 pertaining to the AG-Recreation District – Senior Long Range Planner.
(Postponed from 12/03/09 and 01/07/10 Agendas).
IX. Old Business:
(1) Request by Ricky Bryan on behalf of Eric Liu to amend zoning conditions placed on ZA1602 (Eric Liu Investments) – AZ090017 – District #2 – Director of Planning & Development.
(Public Hearing was held 01/07/10 – postponed decision to 01/21/10).
X. New Business:
(1) Appointment of member to the Parks & Recreation Board to fill the unexpired term of Catherine Curley – District #5 – County Manager.
(2) Adoption of Qualifying Fees for 2010 – County Attorney.
(3) Approval of Hall County letter regarding Glades Water Supply Reservoir – County Manager.
(Previously discussed at a Work Session held on 01/12/10).
XI. Administrative Hearings
XII. Recess Regular Meeting
XIII. Executive Session if Needed
XIV. Signature of Approved Documents
XV. Adjournment
Chairman Laughinghouse recognized a quorum and called the meeting to order.
The Invocation and Pledge of Allegiance were given by Chairman Laughinghouse.
ADOPTION OF AGENDA
PUBLIC HEARINGS
There was a motion by Commissioner Laughinghouse and a second by Commissioner Harrell to move Public Hearing, Item #2 (Request by Smart Growth regarding the approval of a stream buffer variance and an impervious surface setback variance by the Forsyth County Zoning Board of Appeals on August 4, 2009 (AB# VA090020) – AV090003) to the end of the agenda following New Business. Motion carried unanimously.
There was a motion by Commissioner Harrell and a second by Commissioner Bell to postpone Public Hearing, Item #3 (Presentation of proposed changes to the UDC, Chapters 3 and 15 pertaining to the AG-Recreation District) to the February 4, 2010 meeting. Motion carried unanimously.
OLD BUSINESS
There was a motion by Commissioner Tam and a second by Commissioner Bell to postpone Old Business, Item #1 (Request by Ricky Bryan on behalf of Eric Liu to amend zoning conditions placed on ZA1602 (Eric Liu Investments) – AZ090017) to the February 18, 2010 meeting at the request of the applicant. Motion carried unanimously.
NEW BUSINESS
There was a motion by Commissioner Harrell and a second by Commissioner Boff to add New Business, Item #4 (Compromise and Settlement Agreement) as an emergency item. Motion carried unanimously.
There was a motion by Commissioner Harrell and a second by Commissioner Boff to adopt the agenda as amended. Motion carried unanimously.
UNDER ANNOUNCEMENTS AND REPORTS THE FOLLOWING ACTIONS WERE TAKEN:
Chairman Laughinghouse recognized Girl Scout Troop 13728 who were in attendance to earn their Leadership Badge.
Chairman Laughinghouse read the following statement on behalf of the Board of Commissioners into the record: From time to time it is the case that a governmental body will confront issues that are both complex and contentious. The issue of the Corps’ outgrant of Bethel Park to the YMCA is one such issue. Passions and emotions on both sides of this issue are intense. The Forsyth County Board of Commissioners understands that reasonable men and women of good faith can have strongly different views on Bethel Park and the YMCA’s plans.
However, the Board of Commissioners is also aware that at a recent town hall meeting at least one individual voiced objections to the YMCA’s plans based not upon issues of traffic safety, parking, environmental impact, congestion, noise or other arguably legitimate concerns; rather, this individual raised concerns that appeared to be based solely upon the social status of the individuals who may be attending this camp if and when it commences.
While the Board of Commissioners of Forsyth County must allow all viewpoints to be expressed at town hall meetings - however distasteful – the Board of Commissioners also wants to clearly and unequivocally express its unanimous condemnation and disavowal of any comments, statements or inferences whereby objection to the YMCA’s plan for a youth camp is based upon the social status or demographic background of those who may attend. Not only are such comments reprehensible to the citizens of our good county, but they also do a terrible injustice to those who have legitimate, good faith reasons for being in opposition to the YMCA’s plans. Although the individual members of this Board may in fact disagree with respect to Bethel Park and the County’s litigation efforts, we stand united in condemning any comments suggesting that social status or demographic makeup of camp attendees is a legitimate basis for objection.
Commissioner Boff set the record straight that, contrary to press reports, he was in attendance for the entire Bethel Park meeting.
UNDER PUBLIC COMMENTS THE FOLLOWING PERSONS ADDRESSED THE BOARD:
Jerry Killinger
UNDER ADOPTION OF MINUTES THE FOLLOWING ACTIONS WERE TAKEN:
Regular Meeting/Public Hearings & Executive Session of January 7, 2010
There was a motion by Commissioner Harrell and a second by Commissioner Boff to adopt the minutes of the Regular Meeting/Public Hearings & Executive Session of January 7, 2010. Motion carried unanimously.
Work Session & Executive Session of January 12, 2010
There was a motion by Commissioner Harrell and a second by Commissioner Boff to adopt the minutes of the Work Session & Executive Session of January 12, 2010. Motion carried unanimously.
CONSENT AGENDA
There was a motion by Commissioner Harrell and a second by Commissioner Boff to approve the Consent Agenda as follows:
The adoption of Resolutions authorizing Affidavits concerning Executive Sessions of January 7, 2010 and January 12, 2010.
The following items were previously discussed and unanimously approved at a Work Session held on January 12, 2010:
(A) Approval of the 2009 Administrative Services Agreement with Blue Cross Blue Shield (BCBS) of Georgia for the administration of the Forsyth County Employee Medical Program – Director of Personnel Services.
(B) Acceptance of the ESRI and Trimble 2009 Mobile Government Grant for the Water & Sewer Department in the amount of $4,500.00 – no match required – Grants Administrator.
(C) Adoption of Resolution waiving all portions of allocated Qualified Energy Conservation Bonds authorized by The American Recovery and Reinvestment Act – Grants Administrator/Chief Financial Officer.
(D) Acceptance of RFP 09-93-2410 for firefighter physicals – Procurement Director.
(E) Approval of Annual Committee Appointments for 2010 as follows: (County Manager)
Roads & Bridges
Jim Harrell
Charles Laughinghouse
Water & Sewer
Charles Laughinghouse
Jim Boff
Doug Derrer
Tim Perkins
Facilities
Patrick Bell
Brian Tam
Public Safety
Patrick Bell
Brian Tam
Technology
Jim Boff
Jim Harrell
Planning & Zoning
Charles Laughinghouse
Patrick Bell
Parks & Recreation
Brian Tam
Jim Boff
Chestatee-Chattahoochee
Resource Conservation
& Development Council
Lewis Darnell
Jim Boff
Georgia Mountains
Charles Laughinghouse
Health Board
Brian Tam
N. Georgia Emergency
Medical Services
Advisory Council
Danny Bowman
Richard C. Hamilton
Finance
Jim Harrell
Patrick Bell
Bill Thomas
Doug Derrer
Intergovernmental
Relations (A)
(Outside City)
Charles Laughinghouse
Patrick B. Bell
Intergovernmental
Relations (B)
(City)
Jim Boff
Brian R. Tam
Motion carried unanimously.
UNDER PUBLIC HEARINGS THE FOLLOWING ACTIONS WERE TAKEN:
Request by G. G. Magee Antiques & Classics d/b/a Mountain View Pawn for an application to open and operate a Pawnbroker Establishment (Pawnshop) - Named Licensee is Gary Gene Magee - District #4
There was a motion by Commissioner Harrell and a second by Commissioner Bell to open the Public Hearing. Motion carried unanimously.
Speaking in favor:
Gary Magee
Speaking in opposition:
None
There was a motion by Commissioner Harrell and a second by Commissioner Boff to close the Public Hearing. Motion carried unanimously.
There was a motion by Commissioner Bell and a second by Commissioner Harrell to approve the request by G. G. Magee Antiques & Classics d/b/a Mountain View Pawn for an application to open and operate a Pawnbroker Establishment (Pawnshop) - Named Licensee is Gary Gene Magee. Motion carried unanimously.
UNDER OLD BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:
None
UNDER NEW BUSINESS THE FOLLOWING ACTIONS WERE TAKEN:
Appointment of member to the Parks & Recreation Board to fill the unexpired term of Catherine Curley – District #5
There was a motion by Commissioner Boff and a second by Commissioner Harrell to appoint Karen Smith as a member to the Parks & Recreation Board to fill the unexpired term of Catherine Curley. Motion carried unanimously.
Adoption of Qualifying Fees for 2010
For the record, the County Attorney stated that a Resolution has been placed before the Board regarding the 2010 Qualifying Fees.
There was a motion by Commissioner Boff and a second by Commissioner Tam to adopt the Resolution establishing the 2010 Qualifying Fees for certain county offices in Forsyth County. Motion carried unanimously.
Approval of Hall County letter regarding Glades Water Supply Reservoir
There was a motion by Commissioner Harrell and a second by Commissioner Boff to authorize the Chairman to sign the letter and send it to the Hall County Board of Commissioners. Motion carried with four members in favor (Laughinghouse, Harrell, Boff and Bell) and one member in opposition (Tam).
Compromise and Settlement Agreement
There was a motion by Commissioner Harrell and a second by Commissioner Boff to approve the Compromise and Settlement Agreement. Motion carried unanimously.
UNDER PUBLIC HEARINGS THE FOLLOWING ACTIONS WERE TAKEN:
Request by Smart Growth regarding the approval of a stream buffer variance and an impervious surface setback variance by the Forsyth County Zoning Board of Appeals on August 4, 2009 – AB# VA090020 – (AV090003) –District #5
Chairman Laughinghouse left the meeting.
There was a motion by Commissioner Boff and a second by Commissioner Tam to open the Public Hearing. Motion carried with three members in favor (Harrell, Boff and Tam), one member in opposition (Bell) and one member absent (Laughinghouse).
Chairman Laughinghouse returned to the meeting.
Chairman Laughinghouse read the following statement into the record: A request has been made by attorneys representing Habersham Partners 33, LLC that I recuse myself from hearing the variance appeal by Smart Growth, AV090003 because of a statement I made at a prior meeting where I said I was pleased that the appeal had been brought and that had Smart Growth had not pursued the appeal I might have requested it be brought. Habersham’s request that I recuse myself is based upon that comment and presumably the underlying suggestion that I can therefore not be impartial and objective in hearing this appeal. Let me state at the onset that the basis for my comment was grounded upon my concern as to whether the Zoning Board of Appeals had exceeded its authority in granting the variance to Haberham Partners. It was not based upon a review of the Smart Growth appeal or the underlying facts leading to Habersham Partners requesting the appeal in the first place. Moreover, I have now contented myself that any action with respect to the propriety of the ZBA’s action must be handled internally with the county through modification of ordinance or discussion with ZBA members. I am aware that I may not insert my concerns with the ZBA’s actions into this hearing but base my decision upon the arguments presented. Therefore, this is my notice and affirmation for the record that I am able and will listen to the facts and evidence presented in this appeal with an open mind and that I can objectively and impartially vote upon this appeal in a manner consistent with the guidance provided by the Forsyth County Unified Development Code. Let the record so reflect.
The first part of the Public Hearing was devoted to the procedural elements.
Ethan Underwood, on behalf of Habersham Partners 33, LLC, addressed the Board. For the record, Mr. Underwood stated that they have filed over the course of this procedure a request to deny petition for review of VA090020 dated September 1, 2009; an additional letter supporting their stance on September 29, 2009; a third letter supporting their position on October 29, 2009 and also a request for recusal dated January 19, 2010. For the record, he wants to make sure that we have incorporated all the statements of law and fact in all of these letters.
Robert Slaughter, on behalf of Smart Growth, addressed the Board.
Ethan Underwood addressed the Board.
The County Attorney advised the Board that this completes the procedural objections and responses with respect to this appeal. He requested that the Board hold their ruling on those procedural grounds in abeyance and go ahead and hear the substantive grounds of the appeal. Without exception, the Board agreed.
Robert Slaughter addressed the Board.
Ethan Underwood addressed the Board.
Richard Breedlove addressed the Board. Mr. Breedlove had previously addressed the Zoning Board of Appeals.
Ethan Underwood addressed the Board.
Robert Slaughter addressed the Board.
The County Attorney advised the Board that this concludes the evidence and presentations. The UDC is very clear that the Board of Commissioners can either make a decision tonight or at any other scheduled meeting. The County Attorney requested that the Board, unless the Board feels strongly otherwise, take this matter under advisement and set it on a future agenda within a reasonable time and announce their decision.
There was a motion by Commissioner Harrell and a second by Commissioner Boff to close the Public Hearing. Motion carried unanimously.
There was a motion by Commissioner Boff and a second by Commissioner Harrell to postpone the decision to the February 4, 2010 meeting. Motion carried unanimously.
There was a motion by Commissioner Bell and a second by Commissioner Harrell to adjourn. Motion carried unanimously.
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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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CHARLES LAUGHINGHOUSE, CHAIRMAN
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JIM HARRELL, VICE CHAIRMAN
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JIM BOFF, SECRETARY
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BRIAN R. TAM, MEMBER
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PATRICK B. BELL, MEMBER
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