P & D Director Chance Fired

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Post by Relentless » August 20th, 2010, 3:11 pm

David, Job well done!

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Nydia Tisdale
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Forsyth played for a fool

Post by Nydia Tisdale » August 27th, 2010, 7:15 am

Forsyth played for a fool

Congratulations to the Forsyth County Board of Commissioners on the 3–1 vote [Chairman Charles Laughinghouse, Jim Harrell and Jim Boff to one lone dissenting Patrick Bell–absent Brian Tam] to finally fire the Director of Planning and Development!

Contrary to the Forsyth County News article, “County planning director fired,” by Alyssa LaRenzie reading — “No public discussion of the issue took place during Thursday’s meeting.” — Nydia Tisdale addressed the Board of Commissioners twice on Thursday, August 5, 2010 and again on Thursday, August 19, 2010 during Public Comments regarding the issue of the Planning Director.

The Unified Development Code of Forsyth County — the law of the land of this county — reads:

The Director and employees of the Forsyth County Department of Planning and Development shall perform ministerial and administrative functions only as required under this Code including but not limited to: the issuance of appropriate permits only upon the permittee complying with all applicable provisions of this Code, the collection of fees, the collection and compilation of data, the performance of required inspections, and the enforcement of provisions of this Code. [U.D.C. 5-3.2]

The Director, the Director of Engineering and the Director of Water & Sewer and their agents, are hereby authorized to issue “stop work” and “cease and desist” orders on any project when the applicant, applicant’s business or agent fails to comply with this Code. [U.D.C. 5-3.6]

Following is a list of failures of the Planning Director to perform his administrative and ministerial functions by not stopping zoning application ZA3474 for a construction & demolition debris landfill on Ronald Reagan Boulevard and GA 400 Hospitality Highway.

Forsyth County will not process any application for an applicant in which past due taxes are due, so this application includes the following sworn statement:

“I hereby swear, under oath, that there are no past due taxes due and owing on real property which is subject of this application. I further swear that I, being the applicant, have no other property taxes due for any other property in Forsyth County.” [Rezoning, CUP, HOP, & Sketch Plat Application, page 6]

1. The applicant was delinquent on ad valorem property taxes when the application was initially submitted and when subsequently resubmitted.

2. Signature of the applicant ≠ Name of applicant or agent on the Property Owner Authorization Form.

3. The applicant’s original corporate entities were already in use when Property Owner Authorization Forms were notarized.

4. The applicant’s corporate entity was amended by scratching out a single word on the Property Owner Authorization Form; however, this change was not initialed by the owners.

5. The applicant’s amended corporate entity did not exist when the application was submitted.

6. The Development of Regional Impact form incorrectly claims that the proposed landfill is not located within a water supply watershed or significant groundwater recharge area.

7. The additional one acre of land added to the application lacked a title opinion.

8. After the applicant and the applicant’s corporate entity were shown to be disqualified, the applicant’s son was substituted as the new applicant.

9. The applicant’s son was not authorized by the property owners to zone the property, to table the application or to withdraw the application.

10. The zoning application was not legally withdrawn by an authorized agent of the owners.

11. Siting a landfill at the proposed location would preclude the potential use of Cumming rock quarry as a drinking water supply reservoir when it retires its mining operations.

12. The site plan submitted did not include the setback required by the Environmental Protection Division. After the 200-foot, state-required buffer and the county-required buffer are deducted from the perimeter of the property, there is no footprint for a landfill left to fill.

During my meeting with County Manager Doug Derrer, Commissioner Jim Boff, Planning Director Jeff Chance, Senior Planner Teressa Cox and Attorney Keisha Chambless on November 20, 2009 to discuss the multitude of mistakes made and missed by the Department of Planning and Development under the misdirection of Jeff Chance:

[Planning Director] Jeff Chance and [Senior Planner] Teressa Cox said the county setback requirements were met and it is up to the applicant to meet any setback requirements by the EPD. [Meeting notes recorded by Kathy McWilliams, Forsyth County Administration.]

However, the Department also has the responsibility to ensure that the Application for Board Consideration, including site plan, is submitted in conformance with this Code or any other County ordinance, state or federal regulations, as applicable. [U.D.C. 8-5.5(D)]

The Planning Director has the authority, duty and obligation to reject an application that fails to meet the rules and regulations of the U.D.C., E.P.D., and O.C.G.A. (Official Code of Georgia Annotated).

Has Planning Director Chance or his agents ever rejected an application for any reason?

[Planning Director] Jeff Chance said they have not rejected an application but they do provide comments on what is required to complete an application and the applicant should provide the information to get a favorable recommendation from the Planning Department. [Meeting notes recorded by Kathy McWilliams, Forsyth County Administration.]

The public fervently fought an alleged frivolous and fraudulent zoning application for over two years — wasting untold taxpayer dollars — because the Planning Director failed to do his job.

Why would Planning Director Jeff Chance continue rubber stamping a zoning application in spite of the multitude of mistakes, lack of a landfill footprint and loss of a potential water reservoir?

An email — obtained by an open records request by Planning Commissioner Brant Meadows — sent to Jeff Chance on April 1, 2010 reads, “Why don’t john know about your deal?”

The Director’s reply — sent April Fool’s Day — reads, “There is a lot John don’t know about me. Use my other phone…and I’ll explain.”

Forsyth County has been played for a fool by former Director of Planning and Development Jeff Chance.

What is the “deal” that the Planning Director has? With whom does the Planning Director have this “deal”?

Another email — exposed by Planning Commissioner Brant Meadows and posted online by David Milum — sent to Director Chance during a Board of Commissioner’s meeting on February 4, 2010 at 5:20 p.m. reads: “You should be paying attention to your comm. meeting, you may miss something.”

Forsyth County is exposed to liability for the failures of its Planning Director. Sovereign immunity does not protect against the failure to perform one’s administrative and ministerial functions.

Planning Commissioner Brant Meadows deserves a medal for his diligent work in holding the Planning Director accountable for his actions and lack thereof.

Why would anyone vote to defend the completely incompetent and unprofessional performance of the Planning Director?

Hopefully, Forsyth County will hire a new Planning Director who will be paying attention to the job.

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Nydia Tisdale
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Joined: August 23rd, 2010, 12:00 pm
Location: Roswell, GA

Fired Forsyth director fights to get job back

Post by Nydia Tisdale » November 17th, 2010, 2:26 pm

Fired Forsyth director fights to get job back

The Atlanta Journal-Constitution
by Jeffrey Scott
November 16, 2010

The attorney for fired Forsyth County Planning Director Jeff Chance charged in an appeals hearing Tuesday that Chance’s dismissal came about because of politics, and not because of sexually and racially charged emails Chance had on his county computer.

Read more: http://www.ajc.com/news/fired-forsyth-d ... 43701.html

Note: The case continues Thursday, November 18, 2010.

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