Federation of Forsyth County Homeowners Meeting Minutes - September 2006

Posted Thursday, October 12, 2006

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Meeting Called to Order

President John Clark called the meeting to order at 7:07 p.m. There were 29 people in attendance. A motion was made to approve the minutes of the Aug 16, 2006 meeting. The motion was approved.

John Clark introduced the guest speakers for the evening – George Nowack

Committee and Board Reports:

Education – Dick and Robert – No report at this time.

Membership – Ellen – No report at this time.

Treasurer - Perry Downan – The Federation’s current cash balance is $3,303.07.

Communications – Brett Bower – No update other than if you have any community news releated to homeowners issues please send them to admin@forsythcounty.org

Planning/Smart Growth – Tammy Tanner – 141 Overlay Meeting was held. The designed presented were based on Johns Creek Overlay District. The pictures from the meeting will be posted on the county website (www.forsythco.com/DeptPage.asp?DeptID=14&PageID=826). There will be a landscaped median initially, but as the 141 gets widened down the road from 4-6 this landscaping will have to be removed. The overlay district would include from the center of the road to 1000’ on either side. This would only affect commercial developments. Covers the area of 141 from Johns Creek to 400.

Chamber of Commerce – Lisa Hoxie - – John Clark gave a brief overview of the Chamber initiative Envision 2030. This is a program designed to get the public involved in deciding what they would like the County to become in the next 20+ years. Charlie Laughinghouse and Jim Harrell both attended the Envision 2030 meeting at Otwell Middle School. Jim Harrell described some of the activities that happened at the meeting (break into groups and decide what you would like to have in the community, etc similar to the LCI study). He also encouraged others to become involved You can get more information at www.envision2030.com

Transportation –A.J. Pritchett No report at this time

New Business

No new Business at this time.

GUEST SPEAKER – George Nowack, founding partner of Weissman, Nowack, Curry & Wilco

George Nowack described the growth of HOA’s since the 80’s and that 1 in 3 people now reside in a HOA/Condo Association. He also covered how HOA’s need to have a continuation clause and to make sure that the Convenents continue to apply in to perpitiutiy. He described how this can be changed with a majority of voting

He gave us a test where he covered many topics such as Constructive Notice (i.e. your responsible for knowing you are in a HOA), POAA(Property Owners Association Act), Fair Housing Act, Civil Rights Statutes, and more.

He discussed the importance of Director and Officers insurance and how everyone should have this if they are on any Board of Directors.

He stressed the importance of having adequate insurance including Liability & Property Insurance. Make sure you have enough insurance to replace existing structures(replacement cost in today dollars).

Old Business

Lanier Golf Club Sale Status – No report was given

Wal-Mart on 141 Status – Commissioner Brian Tam has requested a written letter on the Federations Position on each of 3 sites by Friday Sept 22, 2006. The three sites are the following:

Parcel 1. The first site by Laurel Springs. This site is currently owned by Walmart and has streams that run through it. The Dept of Natural Resources has approved the variance, but in their ruling they state that Forsyth County can have more restrictive stream buffers requirements. This was originally owned by Dewey White. This particular parcel would yield a much smaller footprint for walmart(130k v. 200k square footage for store) due to the streams that run on the property. Currently, this site is zoned Commercial.

Parcel 2. This site is across for the Home Depot on 141, backs up to Raskarity subdivision which is made up of large lots next to a lake. This site is owned by Dewey White and could be a land swap with parcel one. There are also water issues with this site.

Parcel 3. This site is across from Target(north) on the North side of 141 with the new 4 lane Mathis Airport road extension. This site is not owned by Dewey White, but that the owner is willing to have Walmart locate there. This is already zoned commercial except for 7-8 acres. Walmart can’t swap since this is a different owner, so they might lose money on Parcel 1, but they would probably be able to accelerate their opening and minimize opposition to this site. One issue Commissioner Laughinghouse brought up was that if the land which was clearcut included the 7-8 acres of non-commercial than they must wait 3 years to rezone according to the UDC(unified development code).

The Board will draft a letter supporting Parcel 3 as the most appropriate parcel, followed by Parcel 1 then parcel 2. This letter will include restrictions to put on Walmart to follow the Big Box ordinance.

New Business

No New Business

The date of the next meeting is scheduled for October 18, 2006.

A motion was made to adjourn the meeting and approved at 8:59 p.m.

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