---
date: 2001-10-08
title: October 8, 2001 Minutes
source: 2001-10/2001-10-08_October 8, 2001_Minutes.pdf
pages: 1
---

October 8, 2001

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA OCTOBER 8, 2001

The Regular Meeting of the Stockbridge City Council was held October 8, 2001 at 6:00 P. M. Mayor R. G.
Kelley presided and members present were Harold Cochran, Fred Evans, W. A. Gardner and Fletcher Turner.
Councilman Ronnie Simmons was not present.

Harold Cochran made a motion to convene; Fred Evans seconded and motion carried.

Harold Cochran made a motion to approve minutes of September 10, 2001; Fred Evans seconded and
motion carried.

Mayor Kelley welcomed guests.

PLANNING AND ZONING

PINE GROVE SUBDIVISION – CHINA STATE/GREG NOBLE/ED WHIDDON requesting rezoning from RA
(Residential-Agricultural) to PTD (Planned Town Development). The property is located in Land Lots 91,
101, 102 of the 12th District on Stagecoach Road just off East Atlanta and Valley Hill Road. Planning
Commission denied the request on September 13, 2001. This item will not be heard at this meeting because
the City of Stockbridge has not received the Atlanta Regional Commission’s report.

Mayor Kelley recommended the Council table until report is received from Atlanta Region Commission.
Harold Cochran made motion to table; and seconded by W. A. Gardner, motion carried.

OPM PROPERTIES, LOREN PIERCE, ROCK QUARRY ROAD – Request rezoning from C-2 (General
Commercial) to M-1 (Light Manufacturing). Property consists of 1.827 acres. The proposed use is to develop
the property for the use of a fence supply company. Road access on Spring Drive. The property was rezoned
from R-3 to C-2 on January 29, 2001 with conditions. The request is not consistent with the Henry County
Land Use Plan and the proposed use is not consistent with the C-2 zoning in which the property is located
and the Planning Commission recommended denial of this request.

Mayor Kelley stated that the Council just rezoned this property to C-2 a higher zoning classification than M-
1 and he recommends denying this request for rezoning.

Harold Cochran made a motion to deny; Fred Evans seconded and motion carried.
AMERICAN LEGION POST #33, THOMAS STRANES, 691 DAVIS ROAD. Request rezoning from R-3
(Single Family Residential) to OI (Office and Institutional). Property consists of 1.4 acres. The proposed use
is to develop the property as an American Legion Club. Planning staff recommends denial of the request
due to its non-conformance with the Henry County Land Use Plan.

Thomas Starnes, Commander of Post #33 explained the purpose and activities of the American Legion. They
make money by selling newspapers at NASCAR and Georgia football games. They have purchased a
building lot at 691 Davis Road and the only problem at the County level is the 40’ buffer zone.

The building will be a steel butler type building with four feet of brick with a stucco finish to the ceiling level.
A monument will be very similar to the outside exterior.

Dale Hall noted that the lot is only eighty-five (85) feet wide and the code requires ninety (90) feet and would
require a variance of five (5) feet. The lot is too narrow for the required forth-foot (40) natural buffer; therefore,
a privacy fence will be required rather than the natural buffer.

1. The structure shall be constructed of a combination of brick, and or stone, and or stucco;
the building shall be residential in appearance with pitched roof, architectural design to be
approved by the Planning and Zoning staff.

2. All adjacent properties zoned for residential uses, a privacy fence shall be
installed with approval by Planning and Zoning staff.

3. The sign shall be monument base consisting of matching brick from the
primary structure, the design to be approved by the Planning and Zoning
staff.

4. An exterior lighting plan shall be respective of the surrounding residential
neighborhood, which will not impose excessive lighting on residents. The
plan shall require that all lighting be of moderate brightness and consist of
downcast lighting.

5. Grant a five-foot (5) lot width variance from ninety-foot (90) regulation to allow
an eighty-five-foot (85) as well as side setbacks.
Harold Cochran made a motion to approve rezoning from R-3 to O-I with five conditions; Fred Evans
seconded and motion carried.

BURT BLACKMON/DAVID WILLIAMS/DON WILLIAMS requested a variance from the R-3 Setback
Requirements. Property consist of 181.02 acres located in Land Lots 17, 18, 48 and 32 of the 6th and 7th
districts, located on the east side of Tunis Road. The variance would reduce the front building setback from
forty-feet (40’) to thirty-feet (30’) on all lots. The setback would allow larger homes with a minimum square
footage of 2,000 square feet.

Harold Cochran made a motion to approve variance; Fred Evans seconded, and passed unanimously.

OUTBACK STEAKHOUSE, 200 NORTH PARK PLACE. Mayor Kelley noted that Jerena Grimm with
Outback Steakhouse applied for a sign permit, completed application and paid fees. The application was
misplaced by Henry County, delaying erection of their sign. Dale Hall, Director, Henry County Planning and
Zoning advised that even though the application was mishandled by the County and the City has approved
the sign, the City must still post the property and advertise for the sign to be legal.

Mayor Kelley suggested that the Council allow the erection of the sign as soon as possible concurrent with
advertising and posting the property. Ted Strickland to get with Dale Hall to work out the details.

SOIL EROSION AND SEDIMENTATION CONTROL ORDINANCE. To be adopted and submitted to
Environmental Protection Division.

Bruce Vail, City Attorney, informed Council that several year ago state officials adopted a Soil Erosion and
Sedimentation Control Ordinance that basically requires local governing authorities to adopt a similar
ordinance to put into effect and enforce regulations regarding soil erosion and sedimentation control. Henry
County adopted and ordinance years ago and the City adopted that ordinance by reference. Since then, the
general assembly has amended the state law to incorporate different requirements and requires local
governing authorities to adopt those amendments. Last year there were some changes made to the law
governing enforcement, fines, penalties, etc. Henry County has adopted an ordinance designed to
incorporate these changes and are still working with state officials in an effort to expedite matters, the City’s
legal staff has provided the City with an independent copy of the model ordinance submitted by the
Environmental Protection Department to go ahead and have this adopted. Once adopted, they will transmit
it to EPD, get them to say it meets requirements and that will bring the City into compliance. The City will
then retain sole control over enforcement within the City’s jurisdiction.
Fred Evans made a motion to adopt the ordinance; Fletcher Turner seconded, and motion carried.

OLD BUSINESS

P. F. MOON AND COMPANY requested payment for work at the water pumping station. Bill White with
Stevenson and Palmer Engineering said they have been trying to settle issues the City has been battling with
P. M. Moon to get the water pumping station working property. Moon has completed everything with the
exception of 9 or 10 small items and is requesting payment in the amount of $68,838.78 and $5,000 be held
in retainage until these items are complete. Mayor Kelley recommended payment in the amount of
$58,838.78 holding $10,000 in retainage until everything is complete to the City’s approval.

Phillip Moon, President of P. M. Moon and Company, advised the Council that some of the problems at the
water treatment plant that he is being held responsible for are not his problems. He has in good faith
continued to work to resolve the problems and he is entitled to the full $68,838.78.

Fred Evans made a motion to hold $10,000 in retainage until plant meets City approval, Harold Cochran
seconded, and motion carried.

NEW BUSINESS

2002 PROPOSED BUDGET was submitted for Council review. Changes and recommendations will be
heard at a Public Hearing on November 12, 2001.

BARRETT MYOTHERAPIES, INC., THE HERB SHOP, 4966 NORTH HENRY BOULEVARD. Jim Dalton,
attorney representing Barrett Myotherapies, Inc. noted that he has had several discussions with Bruce Vail
and would provide him with information at this meeting. His client has come into compliance with the new
Massage Establishment Ordinance with the exception on one provision, Paragraph 9.40.004(D)10 which
says that two-way or reversible mirrors are expressly prohibited, and all individual rooms or booths shall have
an eye-level window that cannot be covered. His client, Christine Barrett objects to that part of the ordinance
and for reasons in her particular case because she is located in a retail shop and a window would be
somewhat of a problem. This would create the opportunity for a patron of the retail establishment to commit
the felony of peeping tom while someone is being massaged in the room adjacent to the retail space.

Second, they are asking that the Council be willing to grandfather Mrs. Barrett or exempt therapist who are
nationally certified. Mayor Kelley responded that the City’s ordinances are legal and he will not recommend
that the ordinance be amended just to accommodate his client. Mr. Dalton would like to see the ordinance
amended to exempt certified therapists.
Bruce Vail advised the Council that he would review the materials that Mr. Dalton has presented and give a
report at the next meeting. Also, as he pointed out, other jurisdictions take different approaches and he will
summarize what they do for the Council’s benefit.

W. A. Gardner made a motion to table, Harold Cochran seconded, motion carried.

CAROLYN GEORGE, TAN USA, 909 EAGLE’S LANDING PARKWAY SUITE 200 wanted to discuss the
Massage Establishment Ordinance regulation requiring windows. Mayor Kelley advised that she must come
back next month.

Harold Cochran made a motion to table; Fred Evans seconded, and motion carried.

RETIREMENT PLAN FOR EMPLOYEES. Under new federal tax laws it is important that each retirement
plan be in compliance with the federal tax laws to ensure the plan continues to be qualified under IRS rules
and regulations. Georgia Municipal Association administers the City’s plan and in order to get approval by
the IRS and to meet compliance deadlines established by the IRS, it is important that the Council execute
the “Certificate of Intent to Adopt”.

Harold Cochran made a motion to authorize Mayor Kelley and the Clerk to sign the certificate, Fred Evans
seconded, motion carried.

JUST RECYCLE, INC., A NON-PROFIT ORGANIZATION, JIM MENEGOS has requested the City continue
to haul recycled goods from a recycling center located in Henry County to a remote site for this organization.

Ted Strickland informed Council that the City has been hauling glass to a recycling center in Atlanta for Just
Recycle, Inc., a non-profit organization. Bruce Vail and A. J. Welch thought it prudent for the City to enter
into a Recycling Services Agreement with James Menegos, Just Recycle, Inc. and adopt a resolution
authorizing Mayor Kelley and Clerk to sign agreement on behalf of the City.

Fletcher Turner made a motion to adopt a resolution and to authorize Mayor Kelley and Clerk to sign
Recycling Services Agreement with James Menegos, Just Recycle, Inc.; Fred Evans seconded, and motion
carried.
CHING CAFÉ III, 1481-I HUDSON BRIDGE ROAD, JACKY LY NEW OWNER submitted an application to
serve alcoholic beverages (beer and wine only). Mr. Ly has furnished all documents needed and completed
background check.

W. A. Gardner made a motion to approve alcohol license, Fred Evans seconded, and motion carried.

SHREE KISHAN INVESTMENT GROUP, INC. DBA PIT STOP #24, 1481A HUDSON BRIDGE ROAD, NEW
OWNER VIEUL N. PATEL submitted an application for retail package sales of beer and wine from a
convenience store. Mr. Kishan furnished all documents needed and completed background check.

Harold Cochran made a motion to approve alcohol license, W. A. Gardner seconded, and motion carried.

MILLAGE RATE FOR 2001. Mayor Kelley advised that the gross millage rate for 2001 be set at 4.65 mills
with a rollback for Local Option Sales Tax of 4.65 mills with a net millage of 0. One mill equal $380,423.

Harold Cochran made a motion to approve millage rate and rollback; W. A. Gardner seconded and motion
carried.

HENRY COUNTY HEALTH DEPARTMENT PROCLAMATION was approved by the Council to encourage
citizens to get influenza vaccine. Shots will be given at City Hall on October 24 between 8:00 AM and 5:00
PM.

W. A. Gardner made a motion to approve proclamation, Harold Cochran seconded, and motion carried.

PREVENT CHILD ABUSE HENRY COUNTY, ALICE BADOSKY, PRESIDENT requested the City
appropriate funds to help sponsor this program. The City does not presently sponsor this program. Mayor
Kelley expressed that since no one was present to discuss this program he recommended the Council table
this request.

Fred Evans made a motion to table; Harold Cochran seconded and motion carried.

MAYOR’S CHRISTMAS MOTORCADE. Mayor Kelley reminded the Council that the City usually
appropriates $500.00 to the patients at the West Central Georgia Regional Hospital in Columbus, Georgia.
The funds are used to purchase personal care items for patients.
Fred Evans made a motion to approve request; W. A. Gardner seconded, and motion carried.

BILL’S CAR WASH, 9900 DAVIDSON PARKWAY, SOUTH. Mayor Kelley informed the Council that a few
years ago, the City had no water line available for Bill’s Car Wash and it remains on a private well. When
City water became available, Jim Fair, owner at that time, was informed to connect to City water. Mr. Fair
was financially unable to connect at that time. The car wash has changed hands several times over the last
few years.

The City meters water from the well for sanitary sewer charges. It has been discovered that if not operated
properly the meter can be run in reverse which means the car wash is not properly billed for sewer usage.
They also have a meter on the City’s water system. This meter causes a serious problem to our system and
under the right conditions of pressure; there can be a cross connection occurrence, which can lead to
contamination of our water supply.

Council instructed Ted Strickland to get with Bruce Vail to determine what action needs to be taken by the
Council.

APPLICATIONS FOR HOME OCCUPATIONS

APRIL EVANS, 781 DEERWOOD DRIVE, requested a home occupation license to operate a preparation
and cooking business. All phases of the business will be done at the client’s home.

W. A. Gardner made a motion to approve; Fred Evans seconded, and motion carried.

MICHAEL WASHINGTON, 214, KENSINGTON TRACE, requested a home occupation license to operate
as an environmental consultant. Mr. Washington advised that no clients will come to his home and all
business will be conducted over the telephone or computer. Mayor Kelley told Mr. Washington that he
must follow all regulations to operate a business from his home including no signs.

Fred Evans made a motion to approve; Fletcher Turner seconded, and passed unanimously.

ORDINANCES FOR CONSIDERATION

BUILDING REGULATION AND CODE ENFORCEMENT ORDINANCE - § 8.08 - An ordinance to adopt the
Henry County Department of Code Enforcement Ordinance No. 00.09 to provide for abatement of unsanitary
conditions, health hazards, and unfit buildings on private property.
Bruce Vail advised Council that Henry County adopted an ordinance designed to permit the County to abate
nuisances, go to court and have structure declared uninhabitable and to take steps to address these
conditions. There are provisions on the City code, addressing nuisances, particularly with respect to being
cited in a criminal context. The abatement procedure in the County ordinance is something that will probably
benefit the City.

Ted Strickland informed the Council that sometimes you cannot locate the owner of the property, the City
can post legal notice and after a certain period to time, a hearing can be held without the owner being present.
The building can be demolished and a lien placed against the property.

Mayor Kelley pointed out that the condition of these building has become a safety and health hazard and the
City needs to be able to do something about buildings.

Fred Evans made a motion to adopt; W. A. Gardner seconded, and motion carried.

MISCELLANEOUS PROVISIONS ORDINANCE - § 9.28.030. This ordinance will amend code to provide
hours to fill swimming pools and to comply with the applicable water use restrictions.

Bruce Vail informed the Council that there is a problem with people filling their swimming pools at the same
time or during peek usage hours and this would allow the Council to address that problem.

Harold Cochran made a motion to approve; Fletcher Turner seconded, and motion carried.

ALCOHOLIC BEVERAGE ORDINANCE - § 9.04.060. Bruce Vail advised the Council that this ordinance is
not something for adoption at this point but the Council needs to review the amendment to the code to provide
Civil Penalty Guidelines.

Several months ago, the Council faced a situation where there was an alcoholic beverage violation and
ultimately the Council was called upon to determine what civil penalty should be imposed. At that time the
Council asked the legal staff to provide a table showing fines and length of probation for each violation. This
concept is known as “determinated sentencing concept”, and is applicable in criminal situations. Federal
Courts have sentencing guidelines, as does Florida. If there is an alcoholic beverage code violation, this
ordinance will allow the Council to determine the type of violation and then secondly, whether the license
holder has a history of violations. Like a grid, once you get the two numbers, you then plug them in and
determine where you are in terms of a range. After review of the ordinance, if the Council is comfortable with
the grid numbers, it may be adopted at a later meeting.

PEDDLERS, SOLICITORS, AND TRANSIENT SELLERS ORDINANCE - § 9.12.030(F) Bruce Vail advised
the Council that the State is constantly changing their rules and regulations and one of the things it has done
is provide cities with filing fees. This ordinance will provide a filing fee of $210.00 for peddlers, solicitors and
transient sellers. It will also provide regulations for roadside produce sales.

Fred Evans made a motion to approve; Harold Cochran seconded, and motion carried.

AMEND ALCOHOL ORDINANCE - § 9.04.150. Bruce Vail advised the Council that this amendment to the
Alcohol Ordinance would provide for corporate applicant qualifications. When an individual seeks an
alcoholic beverage license, they are the owner, license holder and there are no questions involved over a
time. If a corporation applies for a license, shareholders own the corporation, they appoint officers, one of
whom may be the license holder for record purposes and they may have a manager on the premises who
may or may not change over time. When these changes happen, the City is required to make sure that each
person designated as a license holder meets the qualifications. The amendment will clarify the procedure to
make sure the person responsible for the alcohol license will be on file with the City.

Fred Evans made a motion to approve; Harold Cochran seconded, and motion carried.

TELECOMMUNICATIONS ORDINANCE - § 9.52. Bruce Vail advised the Council that an ordinance provided
by Georgia Municipal Association, which has been reviewed and approved by Bruce Vail and A.J. Welch is
in order. The City has an agreement with GMA to provide assistance with telecommunication applicants.
This ordinance will replace the City’s current Wireless Communication Ordinance.

Fred Evans made a motion to approve; Fletcher Turner seconded, and motion carried.

CABLE SYSTEM AND VIDEO SYSTEM ORDINANCE - § 9.52. Bruce Vail advised the Council that an
ordinance provided by Georgia Municipal Association, which has been reviewed and approved by Bruce Vail
and A. J. Welch is in order. The City has an agreement with GMA to provide assistance with cable and video
applicants. This ordinance will replace the City’s current Wireless Communication Ordinance.

Fred Evans made a motion to approve; Fletcher Turner seconded, and motion carried.
POST LANDSCAPE GROUP, CHANGE ORDER: Mayor Kelley advised the Council that he recommends
contracting with Post Landscape Group for landscaping at the Community Center. Post installed and
maintains the landscaping at City Hall and they do such a good job he would like to see them install and
maintain at the Community Center. This would be an upgrade to the original landscape plan.

Fletcher Turner made a motion to approve; W. A. Gardner seconded, and motion carried.

EXECUTIVE SESSION

W. A. Gardner made a motion to adjourn to Executive Session to discuss personnel matters; Fred Evans
seconded, and motion carried.

W. A. Gardner made a motion to reconvene Regular Meeting; Fred Evans seconded, and motion carried.

Fred Evans made a motion to terminate Nicholas Hunt; Harold Cochran seconded, and motion carried.

Fred Evans made a motion to amend the agenda; Harold Cochran seconded, and motion carried.

GARY EVANS, 102 TURNING POINT, requested a home occupation license to operate a General Contractor
business. Council pointed out that he must meet all of the home occupation regulations.

Fred Evans made a motion to approve; Harold Cochran seconded, and motion carried.

GUILLERMOI MELGARE, RAINA’S PAINTING AND SERVICE, 600 FAIRGREEN TRAIL, MONARCH
VILLAGE, requested a home occupation license to operate a paint contracting business. Council pointed
out that he must meet all of the home occupation regulations.

Harold Cochran made a motion to approve; Fred Evans seconded, and motion carried.
Harold Cochran made a motion to adjourn; Fred Evans seconded, and motion carried. Meeting adjourned
at 7:40 P. M.

Respectfully submitted,

Merle Manders, CMC R. G. Kelley
City Clerk Mayor
