Regular Public Meeting

Henry County Board of Commissioners

6:30 p.m., Tuesday, March 18, 2008

 

 

Those present:      

Chairman Harper; Commissioner Holder; Commissioner Stamey; Commissioner Mathis; Commissioner Basler; Commissioner Bowman; Rob Magnaghi, County Manager; Patrick Jaugstetter, County Attorney; Shay Mathis, County Clerk; Phyllis Schrader, Deputy County Manager; Mike Bush, Finance Director; Jim Luebbering, Building Services Division Director; Terry McMickle, Public Works Division Director; and others.

I.                     Invocation

II.                   Pledge of Allegiance

III.                  Call to Order

IV.               Announcement:  The following two (2) items have been tabled per Staff’s request –

APPEAL TO A DECISION TO DENY A CONDITIONAL USE REQUEST BY THE ZONING ADVISORY BOARD:

A.      Olga Muriel of McDonough, GA; AP-08-01; Commissioner Stamey, District 3 (Presenter:  Ray Gibson, Director) (Exhibit #11)

Olga Muriel of McDonough, GA requested a conditional use for property located at 204 Flower Lane in Land Lot 149 of the 7th District.  The property consists of 0.720 +/- acres, and the request is for a detached guest quarters in an R-2 (Single-Family Residence) zoning district.  The request was denied by the Zoning Advisory Board on February 7, 2008.  The applicant filed an appeal with the Henry County Planning and Zoning Department on February 13, 2008.

      APPEAL TO A DECISION TO DENY A VARIANCE REQUEST BY THE ZONING ADVISORY BOARD:

B.     Olga Muriel of McDonough, GA:  AP-08-02; Commissioner Stamey, District 3, (Presenter:  Ray Gibson, Director) (Exhibit #12) 

Olga Muriel of McDonough, GA requested a variance for property located at 204 Flower Lane in Land Lot 149 of the 7th District.  The property consists of 0.720 +/- acres, and the request is to increase the allowable square footage and the height for a detached guest quarters in an R-2 (Single-Family Residence) zoning district.  The request was denied by the Zoning Advisory Board on February 7, 2008.  The applicant filed an appeal with the Henry County Planning and Zoning Department on February 13, 2008.

V.                 Acceptance of the Agenda

Motion: To accept the agenda Action: Approved, Moved by COMMISSIONER MATHIS, Seconded by COMMISSIONER STAMEY.

Vote: Motion carried by unanimous vote (summary: Yes = 5).

VI.               Proclamation (s)

VII.              Public Works

A.     Resolution requesting authorization to abandon a portion of a public road known as Nail Road (Presenter:  Terry McMickle, Director) (Exhibit #9)

Motion: To postpone the agenda item Action: Approved, Moved by COMMISSIONER MATHIS, Seconded by COMMISSIONER HOLDER.

Vote: Motion carried by unanimous vote (summary: Yes = 5).

B.     Resolution requesting authorization to abandon a portion of a public road know as Trestle Road (Presenter:  Terry McMickle, Director) (Exhibit #10)

Motion: To authorize the abandonment of a portion of Trestle Road Action: Approved, Moved by COMMISSIONER HOLDER, Seconded by COMMISSIONER BOWMAN.

Vote: Motion carried by unanimous vote (summary: Yes = 5).

VIII.            Planning and Zoning  

APPEAL OF A DECISION TO DENY A CONDITIONAL USE REQUEST BY THE ZONING ADVISORY BOARD:

A.     Old Conyers, LLC of Stockbridge, GA; AP-08-03; Commissioner Basler, District 5, (Presenter:  Jeremy Gilbert, Planner I) (Exhibit #13)

Old Conyers, LLC of Stockbridge, GA requested a conditional use for property located on the south side of Old Conyers Road at Flat Shoals Church Road in Land Lot 127 of the 11th District.  The property consists of 137.42 +/- acres, and the request is for a conservation subdivision. The request was denied by the Zoning Advisory Board on February 7, 2008. The applicant filed an appeal with the Henry County Planning and Zoning Department on February 18, 2008.

Motion: To approve the conditional use request Action: Approved, Moved by COMMISSIONER BASLER, Seconded by COMMISSIONER HOLDER.

Vote: Motion carried by unanimous vote (summary: Yes = 5).

 

                 MODIFICATION TO ZONING CONDITIONS:

B.     Old Conyers, LLC of Stockbridge, GA; MC-07-12; Commissioner Basler, District 5, (Presenter:  Jeremy Gilbert, Planner I) (Exhibit #14)

Old Conyers, LLC of Stockbridge, GA requests a modification to zoning conditions for property located on the south side of Old Conyers Road at Flat Shoals Church Road. The property is located in Land Lot 127 of the 11th District, consisting of 207.83 +/- acres. The request is to modify a zoning condition regarding lot size.  The Zoning Advisory Board recommended DENIAL February 7, 2008

Motion: To approve the modification request Action: Approved, Moved by COMMISSIONER BASLER, Seconded by COMMISSIONER MATHIS.

Vote: Motion carried by unanimous vote (summary: Yes = 5).

 

C.    DR Horton, Inc. of Atlanta GA; MC-07-11; Commissioner Mathis, District 2; (Presenter:  Stacey Jordan, Chief Planner) (Exhibit #15)

DR Horton, Inc. of Atlanta, GA requests a modification to zoning conditions for property located on the south side of Farris Drive, known as Phase 1 – Farris Park Subdivision. The property is located in Land Lots 222, 223, 226 & 227 of the 7th District, consisting of 52.3+/- acres. The request is to modify zoning conditions regarding building materials, walking trails, and sodded yards.  The Zoning Advisory Board recommended APPROVAL February 7, 2008.

Motion: To approve the modification request Action: Approved, Moved by COMMISSIONER MATHIS, Seconded by COMMISSIONER STAMEY.

Vote: Motion carried by unanimous vote (summary: Yes = 5).

IX.               Approval of Minutes

A.     March 3, 2008 minutes

Motion: To approve the miniutes Action: Approved, Moved by COMMISSIONER MATHIS, Seconded by COMMISSIONER STAMEY.

Vote: Motion carried by unanimous vote (summary: Yes = 5).

X.                 County Manager Comments

XI.               County Attorney Comments

XII.              Public Comments – Citizens are allowed to voice county related concerns, opinions, etc., that are not listed on the agenda, during this portion of the meeting.  (All persons wishing to speak for public comment must sign in with the County Clerk prior to the beginning of the meeting.  You must sign your name, address and specific topic you wish to speak about or you will not be recognized.  You will be able to address the Board for five (5) minutes.)

XIII.            Upcoming Meetings:

A.     Monday, March 31st and Tuesday, April 1st, @ 9:00 a.m., Regular BOC meeting

B.     On Monday, April 14th, the Board will be traveling to Cobb County and Gwinnett County to tour civic and performing arts venues and will be meeting with the officials in those communities.

C.    Tuesday, April 15th, @ 6:30 p.m., Regular BOC meeting

XIV.          Executive Session

Motion: To convene into executive session Action: Approved, Moved by COMMISSIONER STAMEY, Seconded by COMMISSIONER MATHIS.

Vote: Motion carried by unanimous vote (summary: Yes = 5).

XV.           Reconvene

Motion: To reconvene into public session Action: Approved, Moved by COMMISSIONER STAMEY, Seconded by COMMISSIONER MATHIS.

Vote: Motion carried by unanimous vote (summary: Yes = 5).

XVI.          Approval of an affidavit and resolution pertaining to executive session

Motion: To approve the executive session affidavit Action: Approved, Moved by COMMISSIONER BOWMAN, Seconded by COMMISSIONER STAMEY.

Vote: Motion carried by unanimous vote (summary: Yes = 5).

XVII.        The agenda was amended out of public necessity to add the following:

A.     Resolution to authorize the Chairman to execute a contract to purchase 126.63 acres and 166.668 acres of real estate as discussed in executive session

Motion: To approve the resolution Action: Approved, Moved by COMMISSIONER BASLER, Seconded by COMMISSIONER HOLDER.

Vote: Motion carried by unanimous vote (summary: Yes = 5).

B.     Authorization for the Chairman to sign leases for residential caretaker cottages at all county parks

 Motion: To authorize the request Action: Approved, Moved by COMMISSIONER MATHIS, Seconded by COMMISSIONER STAMEY.

Vote: Motion carried by unanimous vote (summary: Yes = 5).

XVIII.       Adjournment

Motion: To adjourn Action: Approved, Moved by COMMISSIONER STAMEY, Seconded by COMMISSIONER MATHIS.

Vote: Motion carried by unanimous vote (summary: Yes = 5).

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Charter Cable customers can watch
Henry County Commission Meetings on Henry TV 14 at the following times:

Monday meetings:  9 a.m., 2 p.m. and 7 p.m. on Wednesdays, Fridays and Sundays

Tuesday meetings:  9 a.m., 2 p.m. and 7 p.m. on Thursdays, Saturdays and Mondays.