BOC Summary for July 27, 2010
A. INSPIRATIONAL
Rev. Portia MinterChristian Jubilee Full Word Baptist Church
PLEDGE OF ALLEGIANCE
Connie StokesCommissioner District 7
B. PRESENTATIONS
Metro Atlanta Steppers CommunityCensus Bureau Presentation to Board of Commissioners
Georgia Raiders Baseball Team - USSSA Junior World Series Winners
Commissioner Lee May
C. COMMENTS FROM THE PUBLIC
The Public Comments portion of this meeting is reserved exclusively for comments from the public, and not for immediate reply. Statements made during the Public Comments portion do not necessarily reflect the Opinions of the Board or the Administration of DeKalb County Government.The purpose of public comment is to allow the public to voice county-related requests, concerns or opinions during the public comment portion of the Commission meeting. Individual speakers will only have the opportunity for one public comment per meeting. Prior to speaking, each speaker must please complete a speaker card and present it to the clerk before the beginning of the public comment portion of the meeting. The clerk will accept cards on a first come first served basis. Speakers who are residents of DeKalb County shall be allowed to speak before residents of other counties are allowed to speak. Once the public comment portion of the meeting begins, speaker cards will no longer be accepted. Speakers will be allowed to speak for three minutes each and public comment shall not exceed 30 minutes in length. When the buzzer sounds to indicate that time has run out, the speaker will be expected to immediately cease speaking and to yield the podium. Those who submitted speaker cards but did not speak because of the time allotment, will be allowed to speak first at the next regularly scheduled commission meeting without regard to residence. For more information about scheduling this opportunity, please speak with a member of the Clerk’s staff. If you would like to fill out a written comment concerning county-related service complaints, this will help the governing authority to forward the complaints to the appropriate department for follow up. When speaking, always talk directly into the microphone and begin by stating your name, full address and the name of any organization you represent. Abusive, profane or derogatory language will not be permitted. Holding up signs, clapping and yelling to show support for or opposition to a speaker will not be permitted, but a show of hands or quietly standing will be permitted to show support for or opposition to a speaker’s position.
D. 10:00 A.M. PUBLIC HEARING
Citizens may speak for or against an item that is considered by law to be a zoning ordinance and each side will have ten minutes to presents its case. Citizens may also speak for or against an item that is placed on the public hearing agenda but is not a zoning ordinance. In that case, each side will have five minutes to present its case. In the event there is more than one speaker per side, speakers must divide their time in order to complete their full presentation within the ten-minute time allotment, or the five-minute time allotment. When the buzzer sounds to indicate that time has run out, the speaker will be expected to immediately cease speaking and to leave the podium area. Prior to speaking, please complete a speaker card and present it when approaching the podium. If you have any documents for the Commissioners, please provide 10 copies when approaching the podium. Seven copies are for the Commissioners and the remaining copies are for the planning director, the county attorney and the clerk. Applicants or citizens speaking in favor of an item shall speak first and applicants in zoning ordinance cases shall have the right to reserve time for rebuttal. Opponents of a zoning ordinance item shall have no right of rebuttal. Once the citizens have finished speaking, staff shall make a recommendation for action to the commission. At this point, citizens are no longer allowed to speak unless called to the podium by an individual commissioner to answer questions or provide information. When speaking, always talk directly into the microphone and begin by stating your name, address and the name of any organization you represent. Abusive, profane or derogatory language will not be permitted. Holding up signs, clapping and yelling to show support for or opposition to a speaker will not be permitted, but a show of hands or quietly standing will be permitted to show support for or opposition to a speaker’s position.Board of Commissioners – District 7
D1. The Foreclosure Registry Ordinance (Deferred from the 7/13/10 Regular BOC Meeting to Public Hearing under the advisement of Lisa Chang, County Attorney) – APPROVED SUBSTITUTE
Commission Districts: 1 & 7
D2. Rezone – Embry Hills, LLC – Modification of Conditions (Item to be added and introduced by Morris E. Williams, III, BOC Chief of Staff) APPROVED WITH CONDITIONS AND SITE PLAN SUBMITTED BY APPLICANT
D3. Rezone – Golden Vista Investment, LLC c/o James Greer & Bruce Penn – Modification of Conditions (Item to be added and introduced by Morris E. Williams, III, BOC Chief of Staff) – DEFERRED TO AUGUST 10, 2010; DECISION ONLY
Commission Districts: 2 & 6
D4. Special Land Use Permit – Yeshiva Ohr Yisrael of Atlanta, Inc. (Item to be added and introduced by Morris E. Williams, III, BOC Chief of Staff) – DEFERRED TO AUGUST 10, 2010; DECISION ONLY
Commission Districts: 3 & 6
D5. Rezone – John Bell (Item to be added and introduced by Morris E. Williams, III, BOC Chief of Staff) APPROVED WITH CONDITIONS ON AGENDA
Commission Districts: 4 & 7
D6. Special Land Use Permit – Kerry Wright (Item to be added and introduced by Morris E. Williams, III, BOC Chief of Staff) – DEFERRED TO AUGUST 10, 2010; DECISION ONLY
Commission Districts: 5 & 7
D7. Land Use Plan Amendment – Georgia Environmental Solution & Recycling, LLC c/o Scott Cole (Deferred from the 3/23/10, 4/13/10, 4/27/10, 5/11/10, 6/8/10 and 7/13/10 Regular BOC Meetings – for decision only) WITHDRAWN AT REQUEST OF APPLICANT
D8. Rezone – Georgia Environmental Solution & Recycling, LLC c/o Scott Cole (Deferred from the 3/23/10, 4/13/10, 4/27/10, 5/11/10, 6/8/10 and 7/13/10 Regular BOC Meetings – for decision only) – WITHDRAWN AT REQUEST OF APPLICANT
D9. Special Land Use Permit – Georgia Environmental Solution & Recycling, LLC c/o Scott Cole (Deferred from the 3/23/10, 4/13/10, 4/27/10, 5/11/10, 6/8/10 and 7/13/10 Regular BOC Meetings – for decision only) – WITHDRAWN AT REQUEST OF APPLICANT
D10. Special Land Use Permit – Angela Graham c/o Berean Christian Church (Item to be added and introduced by Morris E. Williams, III, BOC Chief of Staff) APPROVED WITH CONDITIONS ON AGENDA
D11. Special Land Use Permit – Frederica Morton (Item to be added and introduced by Morris E. Williams, III, BOC Chief of Staff) DEFERRED TO AUGUST 10, 2010; DECISION ONLY
D12. Special Land Use Permit – Panamwela Wajirabuddhi (Item to be added and introduced by Morris E. Williams, III, BOC Chief of Staff) APPROVED WITH CONDITIONS ON AGENDA
Text Amendment
D13. Text Amendment – Amend Regulations of the Residential-Neighborhood Commercial District (R-NCD) and Associated Definitions, and for other Purposes (Item to be added and introduced by Morris E. Williams, III, BOC Chief of Staff) DEFERRED FOR THIRTY DAYS FOR PUBLIC HEARING AND SEND TO PEP COMMITTEE
D14. Text Amendment – Chapter 27, Crematoriums within the O-I, C-1 and C-2 Zoning Districts (Item to be added and introduced by Morris E. Williams, III, BOC Chief of Staff) APPROVED ORDINANCE WITH CHANGES TO SECTION 27-796(a) (STRIKING THE SECOND SENTENCE)
D15. Text Amendment – Chapter 27 of the DeKalb County Code to Regulate Personal Homes & Child Caring Institutions and Associated Definitions within Single Family, Multi-Family Residential Districts and Non-Residential Districts (Item to be added and introduced by Morris E. Williams, III, BOC Chief of Staff) – DEFERRED FOR A FULL CYCLE
ADDENDA
D16. Add an Item to the Agenda - APPROVED
D17. Special Land Use Permit – Eric and Lisa Primack- APPROVED WITH MODIFICATION OF CONDITION NO. 3 (CHANGE TO 6:30 A.M.)
D18. Add an Item to the Agenda -APPROVED
D19. Special Land Use Permit - Fathi Abdulshakur – DEFERRED TO AUGUST 24, 2010; PUBLIC HEARING
E. APPEALS
E1. NONEF. APPOINTMENTS
NONEG. CONSENT AGENDA
NONEH. PRELIMINARY ITEMS
H1A. Add Items H1, H2, H3, H4, H5, H6, H7 and H8 to the Agenda - APPROVEDFacilities Management
H1. Honeywell International Inc., Performance Contract Termination (Item to be added and introduced by Morris E. Williams, III, BOC Chief of Staff) – DEFERRED TO AUGUST 10, 2010 WITH A STOP IN COMMITTEE OF THE WHOLE
H2. Johnson Controls, Inc. Energy Performance Contract Termination (Item to be added and introduced by Morris E. Williams, III, BOC Chief of Staff) – DEFERRED TO AUGUST 10, 2010 WITH A STOP IN COMMITTEE OF THE WHOLE
H3. Siemens Building Technologies, Inc. Performance Contract Termination (Item to be added and introduced by Morris E. Williams, III, BOC Chief of Staff) – DEFERRED TO AUGUST 10, 2010 WITH A STOP IN COMMITTEE OF THE WHOLE
Human Development
H4. Renewal of Lease Agreement for Fulton /Atlanta Community Action Authority, Inc. (Item to be added and introduced by Morris E. Williams, III, BOC Chief of Staff)-APPROVED
H5. Renewal of Lease Agreement for Institute for Multicultural Rehabilitation, Inc. (Item to be added and introduced by Morris E. Williams, III, BOC Chief of Staff) -APPROVED
H6. Renewal of Lease Agreement for Partnership for Community Action, Inc. (Item to be added and introduced by Morris E. Williams, III, BOC Chief of Staff) -APPROVED
Recorders Court
H7. Support for Re-filling 4 Critical Positions in the DeKalb County Recorders Court (Item to be added and introduced by Morris E. Williams, III, BOC Chief of Staff) – NORMAL COURSED; (8/10/10)
Workforce Development
H8. Workforce Investment Act Grant Funds for Period March 15, 2010 – September 30, 2010 for TANF/ARRA Summer Youth Program, Grant Adjustment/Additional Funding in the Amount of $174,600.00 (Item to be added and introduced by Morris E. Williams, III, BOC Chief of Staff) -APPROVED
I. ITEMS FOR DECISION BY THE BOARD
Board of CommissionersI5. Internal Auditor Ordinance (Discussed in the 5/18/10 Audit Committee meeting – recommended approval; Deferred from the 5/25/10 and 6/8/10 Regular BOC Meetings; Discussed in 6/15/10 Audit Committee meeting – recommended approval of substitute; Deferred from the 6/22/10 Regular BOC Meeting) – DEFERRED FOR THIRTY DAYS
Board of Commissioners – District 7
I6. Resolution Declaring a 90-Day Moratorium on Foreclosures (Deferred from the 6/8/10 and 6/22/10 Regular BOC Meetings) – DEFERRED TO SEPTEMBER 28, 2010
I7. Resolution to Encourage the State of Georgia to Make Violations of the Georgia Fair Lending Act a Felony Rather than a Misdemeanor and Direct Relevant Fulton County and DeKalb County Staff Members to Work with the Counties Respective Legislative Delegations and Lobbying Teams to Effectuate the Above Change in the Georgia Fair Lending Act (Deferred from the 12/15/09, 1/12/10, 1/26/10, 2/9/10, 3/23/10, 4/13/10, 5/11/10 and 6/22/10 Regular BOC Meetings) – DEFERRED SEPTEMBER 28, 2010
CEO
I8. Authorize Execution of Quitclaim Deeds for Conveyance of Property (Normal Coursed from the 7/13/10 Regular BOC Meeting) APPROVED
I9. Development Agreement between DeKalb County, the City of Doraville, New Broadstreet, LLC and Other Equity Partners (Normal Coursed from the 7/13/10 Regular BOC Meeting) – DEFERRED TO AUGUST 24, 2010
I10. Second Intergovernmental Agreement(s) Authorizing the Development Authority of DeKalb County to Issue Recovery Zone Economic Development Bonds (Normal Coursed from the 7/13/10 Regular BOC Meeting) DEFERRED SUBSTITUTE TO AUGUST 24, 2010
ITEMS DEFERRED to FUTURE MEETINGS
Deferred to the August 10, 2010 Board MeetingPublic Hearing
1. 2010 Budget Revision, Ad Valorem Tax Millage Rates [NOTE: This item is only dealing with positions associated with mid-year. All other items have been approved.] (Accepted to the Regular BOC Meeting agenda; Assigned to the Budget & Finance Committee; Item #2 Deferred 6/22/10, Remaining Items Passed on 6/22/10; Deferred from the 7/13/10 Regular BOC Meeting)
2. Home Rule Ordinance Amending the Pension Code of DeKalb County, Georgia, 1962 Ga. Laws 3088 (to Revise Restrictions on Paid Work a DeKalb County Retiree can do for DeKalb County while Receiving Pension Benefits (Accepted to the Regular BOC Meeting agenda; First Adoption Approved 6/22/10; Return 7/13/10 for Second Adoption; Deferred from the 7/13/10 Regular BOC Meeting)
Appointments
1. Appointment to the DeKalb County Hospital Authority (DCHA) - John J. Funny (Held from the 6/1/10 Committee of the Whole meeting for further discussion; Deferred from the 7/13/10 Regular BOC Meeting; Assigned to the Community Services Committee)
2. Reappointment to the DeKalb County Hospital Authority (DCHA) - John R. Gerlach (Held from the 6/1/10 Committee of the Whole meeting for further discussion; Deferred from the 7/13/10 Regular BOC Meeting; Assigned to the Community Services Committee)
3. Reappointment to the DeKalb County Hospital Authority (DCHA) - Albert Scott, Jr., M.D. (Held from the 6/1/10 Committee of the Whole meeting for further discussion; Deferred from the 7/13/10 Regular BOC Meeting; Assigned to the Community Services Committee)
4. Appointment to the Development Authority of DeKalb County - Lani Wong (Held from the 6/1/10 Committee of the Whole meeting for further discussion; Deferred from the 7/13/10 Regular BOC Meeting; Assigned to the Community Services Committee)
5. Appointment to the Development Authority of DeKalb County - James E. Young (Held from the 6/1/10 Committee of the Whole meeting for further discussion; Deferred from the 7/13/10 Regular BOC Meeting; Assigned to the Community Services Committee)
6. Reappointment to the Fulton-DeKalb Hospital Authority (Grady) - Frank Monteith (Held from the 6/1/10 Committee of the Whole meeting for further discussion; Deferred from the 7/13/10 Regular BOC Meeting; Assigned to the Community Services Committee)
7. Reappointment to the Fulton-DeKalb Hospital Authority (Grady) - Pam Stephenson (Held from the 6/1/10 Committee of the Whole meeting for further discussion; Deferred from the 7/13/10 Regular BOC Meeting; Assigned to the Community Services Committee)
8. Appointment to the Development Disabilities Planning and Coordinating Council - Ruth Forristel Holmes (Held from the 6/1/10 Committee of the Whole meeting for further discussion; Deferred from the 7/13/10 Regular BOC Meeting; Assigned to the Community Services Committee)
9. Appointment to the Development Disabilities Planning and Coordinating Council - Dave Blanchard (Held from the 6/1/10 Committee of the Whole meeting for further discussion; Deferred from the 7/13/10 Regular BOC Meeting; Assigned to the Community Services Committee)
10. Appointment to the Development Disabilities Planning and Coordinating Council - Gue Hudson (Held from the 6/1/10 Committee of the Whole meeting for further discussion; Deferred from the 7/13/10 Regular BOC Meeting; Assigned to the Community Services Committee)
11. Appointment to the Development Disabilities Planning and Coordinating Council - Donna Johnson (Held from the 6/1/10 Committee of the Whole meeting for further discussion; Deferred from the 7/13/10 Regular BOC Meeting; Assigned to the Community Services Committee)
12. Appointment to the Development Disabilities Planning and Coordinating Council - Patrick Kennedy (Held from the 6/1/10 Committee of the Whole meeting for further discussion; Deferred from the 7/13/10 Regular BOC Meeting; Assigned to the Community Services Committee)
13. Appointment to the Development Disabilities Planning and Coordinating Council - Lee Tidmore (Held from the 6/1/10 Committee of the Whole meeting for further discussion; Deferred from the 7/13/10 Regular BOC Meeting; Assigned to the Community Services Committee)
14. Appointment to the Housing Authority of DeKalb County - Pamela McCorkle Buncum (Held from the 6/1/10 Committee of the Whole meeting for further discussion; Deferred from the 7/13/10 Regular BOC Meeting; Assigned to the Community Services Committee)
15. Appointment to the Regional Emergency Services Council, District III - Elizabeth Ford MD., M.B.A., F.A.A.P. (Held from the 6/1/10 Committee of the Whole meeting for further discussion; Deferred from the 7/13/10 Regular BOC Meeting; Assigned to the Community Services Committee)
16. Appointment to the Regional Emergency Services Council, District III - William R Hardcastle, M.D. (Held from the 6/1/10 Committee of the Whole meeting for further discussion; Deferred from the 7/13/10 Regular BOC Meeting; Assigned to the Community Services Committee)
17. Appointment to the Regional Emergency Services Council, District III - Susan Loeffler (Held from the 6/1/10 Committee of the Whole meeting for further discussion; Deferred from the 7/13/10 Regular BOC Meeting; Assigned to the Community Services Committee)
18. Appointment to the Regional Emergency Services Council, District III - Samuel Edward Shartar (Held from the 6/1/10 Committee of the Whole meeting for further discussion; Deferred from the 7/13/10 Regular BOC Meeting; Assigned to the Community Services Committee)
19. Appointment to the DeKalb County Public Safety & Judicial Facilities Authority - John R. Keys (Held from the 6/1/10 Committee of the Whole meeting for further discussion; Deferred from the 7/13/10 Regular BOC Meeting; Assigned to the Community Services Committee)
20. Appointment to the Perimeter Community Improvement District (CID) - Craig L. Hillyard (Held from the 6/1/10 Committee of the Whole meeting for further discussion; Deferred from the 7/13/10 Regular BOC Meeting; Assigned to the Community Services Committee)
Items for Decision by the Board
1. Ordinance to Amend the Code of DeKalb County, Georgia, Chapter 25, Water, Sewers, and Sewage Disposal, Pertaining to Wasting of Water (Deferred from the 5/11/10 Regular BOC Meeting; Assigned to the 5/11/10 Planning, Economic Development & Public Works Committee – no official action taken; Deferred from the 5/25/10 Regular BOC Meeting; Assigned to the 6/8/10 Planning, Economic Development & Public Works Committee – no official action taken; Deferred from the 6/22/10 and 7/13/10 Regular BOC Meetings)
Deferred to the August 24, 2010 Board Meeting
Public Hearing
1. DeKalb Peachtree Airport Economic Impact Study and Airport Layout Plan (ALP) including Runway Safety Area (RSA) Analysis (Deferred from the 4/13/10 and 5/25/10 Regular BOC Meetings – for decision only; Deferred from the 6/8/10 Regular BOC Meeting – for public hearing; Assigned to the Planning, Economic Development & Public Works Committee; Deferred from the 7/13/10 Regular BOC Meeting)
2. Resolution, Order and Declaration of Taking – Loveless Drive @ Bouldercrest Road Widening and Re-construction, Owner: William H. Lowe 4133 Loveless Drive 30294. Taking of 12074.32 s.f., of Right-of-Way & 2608.14 sq. ft. of Temporary Construction Easement (Parcel 14) (Deferred from the 1/26/10, 2/23/10, 3/23/10, 4/27/10, 5/11/10, 6/8/10 and 7/13/10 Regular BOC Meetings – for decision only)
Items for Decision by the Board
1. Resolution to Support the Sharing of the Resources and Expertise of Fulton and DeKalb Counties to Develop a Resident Mobility Program in Collaboration with the Counties’ Respective Cooperative Extension Services, Colleges, and Universities to Provide Recipients of Housing Assistance with Skills in Areas Such as Financial Literacy, Household Maintenance, and Parenting (Deferred from the 12/15/09, 1/12/10, 1/26/10, 2/9/10, 3/23/10 and 4/13/10 Regular BOC Meetings)
2. Resolution to Encourage the DeKalb County Department of Community Development to Work in Conjunction with the DeKalb County Department of Purchasing and Contracting and the DeKalb County Department of Workforce Development to Fulfill the Goals of Section 3 in the Administration of Financial Assistance Provided by HUD (Deferred from the 12/15/09, 1/12/10, 1/26/10, 2/9/10, 3/23/10 and 4/13/10 Regular BOC Meetings)
3. Resolution to Encourage Fulton and DeKalb Counties to Explore Opportunities for Collaboration to Develop Demonstration Projects or Pursue Waivers from the United State Department of Housing and Urban Affairs to Create Model Multi-Jurisdictional Projects Focused on Housing (Deferred from the 12/15/09, 1/12/10, 1/26/10, 2/9/10, 3/23/10 and 4/13/10 Regular BOC Meetings)
4. Resolution to Encourage Fulton and DeKalb Counties to Explore the Use of Existing Resources to Address Other Needs of Housing Aid Recipients, such as the Need for Automobile Ownership or Affordable Child Daycare to Allow Them to Seek Employment and Provide Care for Themselves and Their Families (Deferred from the 12/15/09, 1/12/10, 1/26/10, 2/9/10, 3/23/10 and 4/13/10 Regular BOC Meetings)
5. Resolution to Encourage Fulton and DeKalb Counties to Explore Policies and Practices to Promote Mixed-Income Housing (Deferred from the 12/15/09, 1/12/10, 1/26/10, 2/9/10, 3/23/10 and 4/13/10 Regular BOC Meetings)
6. Resolution to Urge the State of Georgia to Consider the Disproportionate Concentration of Special-Needs or Refugee Populations are Located in Fulton and DeKalb County and the Increased Demand for Services for These Populations when Making Decisions about Funding or Other Programs such as Tax Credits that are Designed to Provide Affordable Housing for these Populations (Deferred from the 12/15/09, 1/12/10, 1/26/10, 2/9/10, 3/23/10 and 4/13/10 Regular BOC Meetings)