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date: 2008-12-08
title: December 8, 2008 Minutes
source: 2008-12/2008-12-08_December 8, 2008_Minutes.pdf
pages: 1
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December 8, 2008
REGULAR MEETING

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA DECEMBER 8, 2008

The Regular Meeting of the Stockbridge City Council was held on December 8, 2008 at 6:00 P. M. Mayor
R. G. Kelley presided and members of the Council present were Harold Cochran, Shirley Dabney, Fred
Evans, W. A. Gardner, and Kathryn Gilbert.

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

Councilwoman Gilbert gave the invocation.

Fred Evans made a motion to approve minutes of November 10, 2008 Stockbridge City Council Meeting;
Harold Cochran seconded, and passed unanimously.

Mayor Kelley welcomed guests and noted that Alex Murfee, Scout Troop #65, attended this meeting earning
a Badge in Communication.

PLANNING AND ZONING

RAYMON GIBSON, HENRY COUNTY PLANNING & ZONING DIRECTOR, requested the opportunity to
present to the City Council map amendments with one of them being Vulcan property which is M-l on the
City’s updated Zoning Map that was approved at the October 13, 2008 meeting. Michael Harris was present
instead of Raymon Gibson representing Henry County Planning and Zoning. Ted Strickland, City Manager,
advised the Council that he met with Ray Gibson and they agreed to request that this item be tabled until the
January, 2009 Council Meeting.
Kathryn Gilbert made a motion to table this item until January, 2009 Council Meeting; Shirley Dabney
seconded, and passed unanimously.

GEORGIA B. JOHNSON OF JONESBORO, GEORGIA requested rezoning from RA (Residential
Agricultural) to C2 (General Commercial) for property located in Land Lot 6 of the 12th district. The property
consists of 1.394 acres. Michael Harris, Henry County Planning and Zoning, reminded the Council that this
request was tabled at the August 11, 2008 Council Meeting.

Mr. Harris gave a brief history of this property. The property is zoned RA (Residential Agricultural) as
indicated by the official zoning map for Henry County and the City. Review of the zoning policy shows that a
rezoning request was submitted for subject property on October 7, 1991; however, the applicants withdrew
their request on November 6, 1991 and the subject property was granted a Conditional Use for a Church
and several variances by the City Council on September 8, 2003. This applicant is requesting to rezone
1.394 acres at 962 Flippen Road from RA (Residential Agricultural) to C2 (General Commercial) for future
commercial development. There is currently an existing block building and private well on subject property.
The subject property abuts RA zoned property to the north and east; RA and C2 property to the south of
Interstate 75 and a little on the west side side of I-75.. The commercially zoned property to the south is
occupied by a cell tower and future land use designated the subject property for low density residential land
uses.

The Zoning Advisory Board heard the request on July 10, 2008 and recommended denial; however, they
listed nine (9) conditions.

Councilwoman Gilbert said she has a question for Mr. Harris. She stated that she understands this property
is currently zoned residential but it abuts 1-75 and she finds it a little bit strange that on the Comprehensive
Land Use Plan that anything abutting 1-75 would maintain a residential zoning or recommended residential
zoning. She asked was there any discussion regarding this because she does not remember reading
anything about it in the zoning hearing. Mr. Harris responded that he does not recall anything in particular in
this specific parcel and overall you are looking at the whole general area and not much of it abuts residential
property with the exception of the one property to the south has a C2 zoning. Mayor Kelley stated that on
the other side of 1-75 the residential property backs up to 1-75. Councilwoman Gilbert said she thought
those were preexisting prior to any land determination. Mayor Kelley said the Council will hear from any
opposition regarding this matter at this time.

JOCELYNE WILLIAMS, 190 BANKS DRIVE requested to speak in total opposition of the rezoning. The
Flippen Road Homeowners Association said this is a living environment of this historical community;
therefore, they are in complete opposition of any approval of rezoning without consideration to development
and environmental concerns. Whereas changing the property zoning would exacerbate prevailing conditions
that would create a continuation of negative impacts on the Flippen Road corridor, particularly from Walt
Stephens Road to Hudson Bridge Road and where as changing the property zoning from RA (Residential
Agricultural) to C2 (General Commercial) would cause the community to see an increase in pedestrian traffic
which would be very dangerous especially since there are no sidewalks on Flippen Road. Whereas, a
multitude of subdivisions have been along the Flippen Road corridor without regard to the safety and well
being of the citizenry of Flippen Road corridor. Whereas twenty-two million dollars ($22,000,000) was spent
to improve the infrastructure of Eagle's Landing Parkway and Hudson Bridge Road, the Flippen Road corridor
has been ignored. Whereas building housing developments at Eagle's Ridge, Arbor Cove, Avian Forest, St.
Ives, Rum Creek, Langley Oaks and Flippen Woods within the last fifteen years without regard to
infrastructure or services. Whereas the crowded conditions within such a small area, make it dangerous and
hostile environment. The citizenry demonstrated an outcry against the rezoning from RA to C2 of the property
located at 962 Flippen Road. Whereas, rezoning this area would cause congestion and pedestrian
movement endangering and leaving the area open and very venerable. Whereas, the lack of planning and
allotment of SPLOST funds for the Flippen Road corridor creates a safety deficit due to the lack of sidewalks,
land widening and any other additions that should be slated for the Flippen Road corridor. Whereas, the
homeowners of the Flippen Road area feel that a request or moratorium on any further construction until
such time that the infrastructure has been improved to accommodate the above mentioned projects.
Whereas, the social deterioration and quality of life such an overly developed environment creates alarm of
the social climate of this community. Whereas, changing this area from RA to C2 would further congest and
change the natural environment of this area, and where it states in Section 3-7-157a of the Henry County
Zoning Ordinance it states: "to promote the conservation of natural environment, more efficient use of land,
and efficiency in the extension of streets and utilities". The rezoning from RA to C2 of the property located
at 962 Flippen Road, Stockbridge, Georgia 30281 would negatively impact this and surrounding area.
Therefore, let it be resolved that we would not like to see this property rezoned, and further be it resolved
that we beseech the Zoning and Planning, the Committee and Mayor of Stockbridge to please hear their
plea and please let it be known that they are strongly in opposition of this rezoning.

Norman Gleaton addressed the Council and advised that he has some pictures of the site currently under
discussion. Mr. Gleaton reminded the Council he has attended previous meetings in opposition to the
rezoning. He said he sees the request is for interstate billboard signs. He walked out of his house tonight and
looked south and he saw two billboard signs already. He stated he has lived on this road all his life and was
born in a house next to where they are talking about. He can walk out his mom's backdoor and he can read
a book from the light coming from the sign. Now we are talking about putting up additional signs. For this to
be a commercial property, he can guarantee they are talking about taking his land that he is still paying for,
land that his grandfather bought and paid for. He is sick of it and Stockbridge needs to stop at some point
and time and realize this is a residential place. He can go to the south and he sees two (2) signs; he looks to
the north and the church has lights on all the time and he has no night time. When you look at the pictures
of the old building and if anything, the place needs to be condemned and torn down. There is enough light
coming from that sign that it is daylight all the time, there is no night time. Mrs. Johnson does not live in our
area and he does and she won't be disturbed by the bright lights and traffic going back and forth across what
is his property. Not only mine but four (4) other families there.
Councilwoman Gilbert asked if the property is being accessed via an easement. Is that correct? Mr. Gleaton
said it is not an easement but a driveway that he allows his family to go across. When the Jehovah Witnesses
put their building there, they closed down the road and there was no route to their property. Because they
didn't have enough land to build, they asked if he would give up some land to have the families to get to their
homes and he was willing to do that since it was his family.

Councilman Cochran stated that he went to the site today and asked on whose property the existing road
going back to the old building on the rear of the property. Mr. Gleaton responded that it is his property from
the site to Flippen Road. Mr. Gleaton said it’s to the point where there is enough traffic going up and down
Flippen Road. He has had to call the police because some kids were shooting toward the expressway. They
have been painting graffiti on the building. He said he can guarantee if this is zoned commercial how many
times have we seen commercial property turn into something else once it has already been closed down, it
changes into something else. Who says what it can be once it’s zoned commercial. Just because they say
it now, in the future, Mrs. Johnson may go on and who's going to have it then to say it’s already zoned
commercial and they can do what they want.

Ted Echols, attorney for Georgia B. Johnson, advised that the property is recognized as a nonconforming
use property for commercial purposes and is being taxed at a higher rate as commercial property for several
years.

Many years ago it was the Stockbridge Club and that was the nature of that building and why it was built and
it was used for that purpose for many years. Later, after the death of the owner someone approached the
owners and wanted to put a church there and the City gave a Conditional Use for that purpose and it is still
under a lease for a church even today. The property, while it has some residential on the north, there is C2
property directly to the south but then just a few feet of this property. In addition to the cell tower on the five
(5) acres that is zoned C2, the City granted variances for the construction of two (2) outdoor advertising
signs. There are two (2) reasons why this item was continued from the last meeting. One was for Mrs.
Johnson filing for a variance so we can address both issues at the same time with the City. There was another
reason to see exactly what conditions Mrs. Johnson would be willing to accept to go along with the granting
of a rezoning. One of those conditions was limiting the use of the property for the purpose of an outdoor
advertising sign which she is willing to do. It was stated by someone last time there are very few uses that
they could see without considerable changes to the property other than an outdoor advertising sign. She is
asking the City to grant the rezoning requests and a variance with an added condition that the commercial
zoning be limited to the outdoor advertising sign.

A.J. Welch, City Attorney, asked if the only commercial use will be solely for outdoor advertising. Mr. Echols
responded "Yes" and they realize the property along the interstate has been recognized as the place for
outdoor advertising in the County and City. Mr. Welch asked if his client is willing to take the building down
and clean the property. Mr. Echols said they haven't talked about the restriction of the building. Right now
the church has it under lease and they actually want to improve the building to keep it from being such an
eye sore. That is one of the things they agreed to do when they signed the lease with Mrs. Johnson was to
actually improve that property to make it have a better appearance on the outside. Councilwoman Gilbert
asked if they are using the building currently for a place of worship. Mr. Echols responded that when they put
it under lease they recognized the changes. Councilwoman Gilbert asked how long and when was the lease
initiated. Mr. Echols responded last year and they haven't followed through with what they agreed to do.
Councilwoman Gilbert asked what is the prospect that they intend to follow through. Mr. Echols said he has
not talked to them directly but Mrs. Johnson actually contacted him for this purpose, not necessarily to correct
the tenant issue. Councilwoman Gilbert asked about Mrs. Johnson having paid commercial taxes on what it
zoned residential for how many years. Mrs. Johnson replied since 1992. Councilwoman Gilbert asked why
Mrs. Johnson was not aware that this was residentially zoned as opposed to commercial and why not pursue
having a tax adjustment for incorrect billing. Mr. Welch interrupted and advised that tax assessments are not
part of zoning issues and decisions on zoning matters should not be made based on - Councilwoman Gilbert
stated that she understands that but the plead for the zoning is that Mrs. Johnson has been paying taxes on
it as commercial all these years why should it not be zoned commercial. She is trying to understand why that
happened. Mr. Echols stated that the County recognized it when the zoning code was adopted, there was
property outside of what they wanted at that time have zoned as commercial property. They recognized this
piece as commercial property and it was grandfathered in as a non-conforming use. For that purpose the
County he is left to conclude they have identified this property as commercial with a non-conforming use and
it continued as commercial property until the building is torn down then it would revert back to what is was
established under the zoning code. Mr. Welch said he is correct on the non-conforming use.

Mrs. Johnson said she received a subpoena from the Henry County Superior Court for the first of November
for the man who painted graffiti on her building. He is in jail at Henry County. When she got to court they told
her it is on a three (3) months calendar and they will let her know when to come to court. They are going to
get restitution for her building from the man who painted the graffiti and she sent the court an estimate from
a contractor. They called the contractor and told him that when the case is resolved, they will pay to have
the building painted.

Councilwoman Gilbert asked if the church is still planning to use the building for a church. Mrs. Johnson
responded "yes" they still have the lease on it and when the boy painted the graffiti on the building they did
not have the money to have it painted but they are going to pay the bill and they have already contracted the
man to paint the building. Councilman Evans asked that in order for anyone to access this property they have
to cross Mr. Gleaton's property. Mr. Echols responded that it's an easement not a property right. It’s a property
right that this property has and Mr. Gleaton's property is encumbered by this easement to cross his property
so there is an absolute right to cross Mr. Gleaton's property to get to this property. This situation was created,
as Mr. Welch pointed out, when they put in the interstate, it essentially cut-off from its access to a road. As a
result of that, this easement was created by necessity and Mr. Gleaton's property will always be encumbered
by this easement to get to this property. Councilman Evans asked if there is a legal document saying there
is an easement to access that property across Mr. Gleaton's land. Mr. Echols responded that when they ran
the title exam—Mr. Welch interrupted saying that this subject is not an issue of zoning. The City would not
make a determination as to whether or not there is a legal easement. That matter is between the property
owners. The only real legal question is whether or not the property would be zoned for the use that has been
requested with the limitation that it can only be used for interstate sign purposes. If the Council does not want
to zone all the property for that purpose, a specific strip of the property can be cut-off for that as long as it
has the appropriate variance or the Council can zone the entire property with that single limitation or deny it.
If it's denied, then the Council won’t get into the variances. But actually the taxes, etc. are not legal issues
for the City to decide in zoning matters. Mayor Kelley said he does not think you can have a commercial
development that you have to access by an easement. Mr. Welch said they have a real problem with getting
access from one side to the other. The law is very clear that the person that is landlocked, they are entitled
to get access of a maximum of twenty feet (20’) from the road back to the property that is landlocked. That
is a legal issue for them to resolve but to go back there and develop it for commercial purposes such as a
convenience store, etc. they could not do it because of the width of the road. They cannot do anything to
develop it for commercial purposes without obtaining the properties in front of it to do it. The question was
asked if the property could be used for a church. Mr. Welch responded that a church can be located in any
zoning district.

Councilwoman Gilbert said she is curious and asked how many people in attendance is here in opposition
and how many in support. (There were more in opposition.)

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

GEORGIA B. JOHNSON OF JONESBORO, GEORGIA requested a variance for one tract of land located
in Land Lot 6 of the 12th District. The property consists of approximately 1.394+/- acres and the variance is
for the purpose of Interstate Billboard Sign. Mayor Kelley said this item is dead since the rezoning was
denied.

AMENDING WATER AND SEWER ORDINANCE - A. J. Welch advised the Council that this amendment is
regarding the "termination of service - conditions and procedures" to Title 6, Chapter 6.04 of the City of
Stockbridge Code of Ordinances. When services have been discontinued for nonpayment this amendment
provides procedure for payment and reconnection.

Councilwoman Gilbert asked if the ordinance is regarding water and sewer. Mr. Welch responded "yes", at
the last meeting the Council approved an amendment. In looking at that amendment, the administrative staff
wanted to have a shorter period of time and a more appealable route for the homeowners. The homeowners
have got to come in within five (5) days of receiving the bill and say there is something wrong with it. At that
time, the City Manager or his designee has a hearing. If the customers are dissatisfied they would have to
file an appeal with the Superior Court and that has to be done within ten (10) days, otherwise, the bill has to
be paid by the twentieth (20th) of the month. Councilwoman Gilbert asked if that is the Superior Court or
Recorders Court. Mr. Welch replied the Superior Court because the Recorders Court does not have the
authority to issue injunctions.
Harold Cochran made a motion to adopt the amendment to the Water and Sewer Ordinance; Kathryn Gilbert
seconded, and passed unanimously.

AMENDING 2008 URBAN REDEVELOPMENT AGENCY CAPITAL BUDGET - Councilwoman Gilbert said
she has a question and possibly Mr. Welch can address. We have increased the legal expenses that went
over the budget by approximately $120,000.00. What did we get for that? Mr. Welch responded that the
majority was for the Thurmond/Clary case and the balance was for the Marilyn Gramm case. She did not
want the City to buy her piece of property and then the City condemned it. Then she wanted it back and when
the City gave it back to her she said she did not want it. The City ended up in sufficient litigation with Mrs.
Clary and Mr. Thurmond and the jury in that particular case determined that Thurmond/Clary should
reimburse the City about $156,000 because the City had paid too much for that piece of property. As far as
Mrs. Gramm's property, the City deeded the property back to her and she has refused to accept the deed
that the Judge of the Superior Court of Henry County ruled that she had to take it back. She has appealed to
the Court of Appeals and the City has filed briefs and responses. Of course, there are ongoing expenses
that the City has with the contract, architects and so forth. Councilwoman Gilbert asked if the City expects to
recoup any of that. Mr. Welch responded that there is a motion before the Judge to recoup all of the money
that the City paid in the Thurmond/Clary case which is approximately $60,000.00 including the expert witness
fees, etc. In that figure, there is probably $15,000-$20,000 for expert witness fees that were incurred in that
case alone. We have a motion before Judge Brian J. Amero for reimbursement of that and he has not ruled
on that particular issue. On Mrs. Gramm's case, there is no motion at this time for recouping of attorney fees
but, if we win, there will be a motion for it.

Fred Evans made a motion to approve amending the 2008 Urban Redevelopment Agency Capital Budget;
W. A. Gardner seconded, and motion carried. Councilwoman Kathryn Gilbert opposed.

GENERAL FUND BUDGET AMENDMENT for unexpected (housekeeping) expenses for year ending
December 31, 2008.

Nancy Brown, Deputy City Clerk/Finance Officer, reported that in Recorder's Court the City had some extra
expenses for the Judge and Solicitor for the Hudson Bridge case, off-duty police officer patrolling the City,
code enforcement, SPLOST II, and III bond money received as well as the expenses incurred.

Kathryn Gilbert made a motion to accept the budget amendments; W. A. Gardner seconded, and passed
unanimously.
ADOPTING 2009 PROPOSED BUDGET: Mayor Kelley presented the 2009 Proposed Budget for adoption
which includes General Fund and Urban Redevelopment Agency.

Mayor Kelley congratulated the staff on the budget preparation and cutting items to keep the budget down.

Harold Cochran made a motion to approve 2009 Budget; Kathryn Gilbert seconded, and passed
unanimously.

MELVIN J. FULTON-THOMAS, 117 ROSENWALD CIRCLE - requested the City consider changing the
name of the city street from Silent Avenue to Carrie Mae Lane. Mr. Thomas said their community, which
includes Silent Avenue, would like to bestow an honor to one of their citizens who has been a member of the
community for over fifty (50) years. The Green Front Cafe has been operated by Mrs. Carrie Mae Hambrick
all these years and at present she is semi-retired. She has sponsored baseball teams, other activities, has
been a member of the Red Oak Methodist Church for over seventy (70) years. She has also attended the
Trinity United Methodist Church. She is like a mother to all of the community and some have moved off but
come back to visit her. She reminds the community when elections are being held, she helps people when
they are in need. She sometimes reaches in her pocket to help people. She is unselfish, compassionate,
inspirational, and always with a listening ear. She is like a lawyer or doctor to everyone who knows her. She
has love for her community and love for people. She lives on Silent Avenue and they would like to rename it
in her honor.

Mayor Kelley stated that he is in favor of changing Silent Avenue to Carrie Mae Lane.

Fred Evans made a motion to rename Silent Avenue to Carrie Mae Lane; Shirley Dabney seconded, and
passed unanimously.

JASON MULLINS AND JANA BARRINGER FROM PAWN MART, 5222 NORTH HENRY BLVD

Mayor Kelley advised the Council that Pawn Mart is requesting permission to SELL ONLY merchandise (no
pawns) on Sunday. Mayor Kelley asked A. J. Welch what the City Code of Ordinance allows. Mr. Welch said
the ordinance prohibits the opening of pawn shops on Sunday. It would take an amendment to the ordinance
to authorize pawn shops to open on Sunday for retail purposes and they still could not take in any pawns on
Sunday. If the Council decides to go that route it is going to take some additional supervision of the pawn
shops from the Police Department and from the City's code enforcement and we would certainly recommend
the fees for pawn shops that want to sell on Sundays be substantially increased to cover that cost because
it will be something we will have to check on because not only are there the City's regulations but there are
State regulations.

Mayor Kelley asked if this is something the pawn shop wants to do during certain seasons or is the request
for year round. Mr. Mullins stated that they would like to sell merchandise all year round. He understands
they have two licenses, one for the pawn business and one for the retail business. He wants to open under
the retail license. Mr. Welch asked if the stored items are where you can seal off the pawn part of it. Mr.
Mullins responded that it’s a state law that they have to follow that all the pawn and loan merchandise is
located in the backroom. Every morning they are required to FAX a copy of whatever they have taken in to
the Henry County Police Department.

Councilwoman Gilbert said her question is what ever service counter you have in the sales area is also no
doubt where you take the pawns in, you don't have a separate area that someone comes in and you say if
you want to pawn that item, we have to go over here. The pawn area can be closed off from the sales area,
is that correct? Mr. Mullins responded that “No” their counter is for both pawns and sales.

Mayor Kelley said that he is a little confused on how they can open a business to do one thing because it
will take a lot more policing and he would not be the only one. If the City changes the ordinance, it would be
for all of the pawn shops.

Councilwoman Gilbert addressed Mr. Welch that he said there would be a state issue. Mr. Welch responded
that they cannot take pawns in on Sunday. The City ordinance does not allow pawns to be taken in on
Sundays. The key to it is the policing of it. If you are advertising on the outside pawns, etc. and sales of
merchandise there are going to be people that will think they can pawn something. In order for the City to
supervise it, the City will have to have additional services for that which means police officers are going to
have to be notified to check these specific places because there will be a double service.

Mayor Kelley asked if the state would have to approve this change, too. Mr. Welch responded that they would
not have to approve the fact that the City is going to allow them to have a commercial activity on Sunday.
What we will have is a policing problem. Councilwoman Gilbert said unless there is a way to totally seal one
entity from the other. Mr. Welch stated that is why he asked the question if the building is dividable you could
only have commercial on one side of it with a divider and different counters to close it off.

Mr. Mullins asked if the City is implying if they have a loan counter separate from the sales counter would it
be considered. Mr. Welch stated that the two businesses would have to be totally divided.
Harold Cochran made a motion to deny; Kathryn Gilbert seconded, and passed unanimously.

REQUESTS FOR OCCUPATIONAL TAX LICENSE

YU MIAO, KAZU JAPANESE & CHINESE RESTAURANT, 697 DAVIS ROAD, SUITE 1100 -
requested a business license to operate a restaurant and obtain alcohol license for consumption on
premises. Application and all documents have been submitted. All fees and inspections have been
received.

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

CHRISTOPHER WILLIAMS, 309 GAELIC CIRCLE – requested a home occupation license to operate a
trucking company (office only). It is understood that Mr. Williams will provide the City written proof from the
trucking firm that his truck(s) will be parked at their commercial site. It is noted a motion was made and
passed to remove this request from the November 10, 2008 meeting.

Mayor Kelley asked Mr. Williams exactly what he wants to do as a home occupation. Mr. Williams responded
that he wants his own trucking company and he plans to process paper work at his home. He will repossess
vehicles and take them to the repo yard to be sold at auction. He will use his personal vehicle to go back
and forth to the repo yard. Mayor Kelley asked again exactly what he does. Mr. William responded that he
transports repo cars to Atlanta for auction on a three (3) car trailer and the trailer will not come to his home,
it will stay at the auction.

Councilwoman Gilbert asked who is Trinita Williams. Mr. Williams responded that she is his wife.
Councilwoman Gilbert asked if she is all cool with this. Mr. Williams responded that’s affirmative.
Councilwoman Gilbert asked what is the status of his sanitation bill at the moment because there is
information that there is an unpaid balance of $58.50 for City sanitation and the last payment was received
in June, 2008. Mrs. Williams said Mr. Williams does not know anything about this because she only received
the bill on Saturday. Councilwoman said that is a problem in her mind. Mayor Kelley said he doesn’t have
anything in his packet to that effect. Mayor Kelley asked why this bill has not been paid. Mrs. Williams
responded that she was out of work, on maternity leave, and they did not have any income coming into their
house and he just started his transport business so that’s why. She has just started back to work and has
paid the bill.
Councilwoman Gilbert made a motion to approve subject the verification that the sanitation bill has been
paid; Fred Evans seconded, and passed unanimously.

Mayor Kelley pointed out that no trucks, and commercial vehicles, will be coming and going from their house
as their neighbors would not approve of commercial activity in their neighborhood.

JARVIS W. HILL, 837 COLWELL LANE, MCDONOUGH, GA - requested home occupation license to
operate a painting/drywall business. Mr. Hill failed to appear.

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

DEB NORDY, 112 CARRON LANE - requested a home occupation license to operate KWIK KLEAN HOME
SERVICES which specializes in cleaning up foreclosed homes to selling condition. Mayor Kelley asked Ms.
Nordy exactly what she plans on doing at her home. Ms. Nordy responded that orders will come in via
telephone and internet and they will go to houses to remove trash and debris from foreclosed houses so they
can be sold. Mayor Kelley pointed out that she could not have any type of sign or anything to change the
outside appearance of her home. Ms. Nordy stated that no one will be coming and going except her and her
business partner. Councilwoman Gilbert asked if Mrs. Nordy is renting her current residence. Ms. Nordy
responded that she has a lease purchase contract. Councilwoman Gilbert asked if the owner is O.K. with
the business on the property and if we need verification. A. J. Welch advised the Council to go ahead and
approve subject to an approval letter from the property owner.

Councilwoman Gilbert made a motion to approve a cleaning service as a home occupation, subject to a letter
of approval from the owner of the property; Fred Evans seconded, and passed unanimously.

BRUCE SMITH, 207 GREENLAND DRIVE - requested a home occupation license to operate a one-car,
twenty-four hour taxi serving all of Henry County. Mayor Kelley asked Mr. Smith what he plans to do at his
house. Mr. Smith said he wanted to amend his request for an office only. What he plans on doing is offering
full taxi service but first he has to grow the service with one (1) car. He will be driving the one car himself
and as he grows fleet wise he plans to have a commercial structure somewhere in McDonough or Henry
County. In order to grow he needs to start off with one (1) car and work hard to have a first class taxi service
in Henry County. He has read the ordinance and he can be in full compliance with the ordinance, also, he
can go one step above the ordinance because the people that will be leasing the vehicles from him will be
going through a whole big old background check. He has to have a background check with his Commercial
Drivers License (CDL). What he wants to do here in Stockbridge and Henry County is again have a first
class taxi service and be accountable to the City. Presently he does not see this service in Henry County.
All he has seen is people from other counties and some of these companies are not reliable or accountable
to the people of Stockbridge and Henry County.

Mayor Kelley asked if he is going to have one (1) car that he is calling a taxi service and that car will be
domiciled at his home. Mr. Smith stated that with one (1) car he will have to be at home with one car but as
he grows he will not be at home with the car because in his neighborhood the Homeowners Association will
not allow you to have a business or trucks, etc. in the subdivision. For the present time, he cannot afford to
operate an office outside of his home in order to support one car, but as he grows into the business adding
a second car he will have a commercial place for this but not at his home. The only reason why they call him
at home is because he will be sleeping when he’s not working.

Mayor Kelley asked what type of signs will be on the taxi. Mr. Smith responded that he will follow the City
ordinance which requires three (3”) inch letters and he has to get the CPNC and get it inspected by the police
department and have the insurance and all that stuff. He will be using a Ford Expedition to begin with and it
will carry up to seven (7) people. He will be fully insured and everything the ordinance requires. It will be no
more intrusive than the police car parked at his house on certain occasions because his son is a Henry
County Officer. The only thing he will be operating out there will be the telephones and calls will be forwarded
to his cell phone. MayorKelley asked Mr. Smith if he has talked to the Homeowners Association about this.
Mr. Smith said he has not talked to them because he won’t have any signs or anything intrusive other than
the taxi parked in his driveway. Councilwoman Gilbert said that’s the issue, the car parked in your driveway,
can the taxi be garaged. Mr. Smith responded not there but he can arrange for it to be garaged somewhere
else when he’s not home. Mr. Welch asked Mr. Smith if he could on put on the magnetic plate-all-scripts
with all the identification and pull it off before he goes into the subdivision. Councilwoman Gilbert said that
when it’s parked in his driveway there will be no indication that it is a commercial vehicle. Mr.Smith responded
that he won’t even have a taxi cab light on the vehicle with magnetic removable sign on the sides.

Mr. Welch said, if the Council approves the taxi service, he recommends it be approved with the removable
magnetic signs that would have to be taken off prior to entering the subdivision and that he get a letter of
approval from the Homeowners Association. He can only have one (1) vehicle that is used for his business
and individual purpose. Mr. Smith said right now he has two (2) Expeditions parked in his drive way and they
are strictly for personal use. If he takes the signs off they will still be the same Expeditions parked in the
driveway. Mayor Kelley said what Mr. Welch is saying the Council needs for him to get a letter from the
Homeowners Association that you are requesting a license and explain to them that you have to have a
license to operate a taxi service and all it’s going to be is an office for the telephone use in his home.
Councilwoman Gilbert stated that the Homeowners Association has to agree to it before the City can issue
the license. Mayor Kelley said when there is a Homeowners Association the City does not like to override
the association and the City likes to work with them. Mr. Smith stated that he will only use one (1) taxi to get
started and growth is about six (6) months away and once he gets started he will move to a commercial area.
Kathryn Gilbert made a motion to approve with magnetic signs that are removed prior to entrance into the
subdivision, only one (1) taxi, a stipulation letter from the Homeowners Association agreeing to allowing a
taxi service to operate from Mr. Smith’s residence as a home occupation; ShirleyDabney seconded, and
passed unanimously.

CHAD WAYCASTER, 207 SPRING CIRCLE, WILLOW SPRING SUBDIVISION - requested a home
occupation license to operate an "office" only as Waycaster Renovations. Mr. Waycaster has assured the
City that he will store his materials and equipment in a facility in Ellenwood, GA. Mayor Kelley asked Mr.
Waycaster to explain his request. Mr. Waycaster said his materials and equipment are stored there now and
have been for the past year.

Councilwoman Gilbert stated the Council has a picture taken as of 12/08/08 showing a trailer with ladders,
and additional construction equipment. Mr. Waycaster responded that he currently has a trailer there that is
not technically for business purposes. Councilwoman Gilbert asked Mr. Waycaster where he lives. Mr.
Waycaster replied “207 Spring Circle”. She asked if they have a Homeowners Association. Mr. Waycaster
replied “No”. Councilwoman Gilbert informed Mr. Waycaster that he has some current violations with the
City relative to commercial vehicles, commercial outside storage, trailer stored in front yard and the water,
sewer and sanitation bill is due in the amount of $104.48. Ms. Gilbert asked Terry Kight Code Enforcement
to explain the $104.48. Ms. Kight explained that the $104.48 is not past due, it’s the current bill for December
1, 2008 and she listed it so the Council would know Mr. Waycaster is not past due with his water, sewer and
sanitation bill. Ms. Kight also explained that he does have zoning violations with the box trailer in the front
yard and other construction material behind his house. He was previously issued a warning for parking on
the City street. Mr. Waycaster explained it was raining at the time he parked his vehicle because his tires
would have cut up his yard. Councilwoman Gilbert advised Mr. Waycaster that if he has a place to store his
commercial vehicle, equipment and materials then can he not take the trailer and store it elsewhere. Mr.
Waycaster said he had not had an issue with commercial vehicles in the past. He can remove the trailer and
store it in his shed. He has a 28x40 shed that holds one trailer now and it’s no problem to put this trailer in
there as well.

Mayor Kelley asked if there are any more questions. Mr. Waycaster said he has pictures and a contract for
his shed if the Council needs to see them. Mayor Kelley asked Terry Kight what Mr. Waycaster needs to do
to come into compliance. Ms. Kight responded that Mr. Waycaster needs to keep all his construction activity
at the Ellenwood location and none of it can come to the residence. What she found there this afternoon, in
addition to the construction materials, were three (3) lawnmowers on the property, two (2) behind the house,
one (1) up on blocks. It is very obvious there are commercial activities going on in that residence. They do
not have a Homeowners Association but we do have three (3) or four (4) neighbors that are very active in
maintaining the residential integrity. Mr. Waycaster said one (1) lawnmower itself is actually being worked
on is his father-in-law and he needs to get it back to him. The other one (1) is his personal mower on the
trailer and it can go to the shed. The other is a push mower that can go to the shed.
Mr. Welch stated that if the Council decides to approve the license what Mr. Waycaster needs to do is keep
his bills current and completely clean the place up into conformance with the City’s residential requirements
and then call for an inspection. If he passes the inspection then he can be issued a license.

Councilwoman Gilbert stated that at this point the Council should deny until he comes into compliance and
ask for re-inspection and come back before the Council. A. J. Welch said the Council can do it that way or
the Council can approve subject to Mr. Waycaster passing the inspection and then he would not have to
come back before the Council.

Fred Evans made a motion to approve subject to passing an inspection; Shirley Dabney seconded and
passed unanimously.

Fred Evans made a motion to adjourn; Kathryn Gilbert seconded, and passed unanimously. The meeting
adjourned at 7:15 P. M.

Respectfully submitted,

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

SPECIAL MEETING

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA DECEMBER 08, 2008

A Special Meeting of the Stockbridge City Council Meeting was held on December 8, 2008 at 4:30 P. M.
Mayor R.G.Kelley presided and Council Members present were Harold Cochran, Fred Evans, Shirley
Dabney, W.A.Gardner and Kathryn Gilbert.
Rob LeBeau, Atlanta Regional Commission, spoke to the Mayor and Council regarding the Livable Centers
Initiative (LCI) Program. He gave the Council a summary of the existing programs and the next steps for the
future programs.

Mr. LeBeau discussed the City’s current LCI programs:

Stockbridge Highway 138/North Henry Boulevard

· Pre-qualified LCI projects;
- Davis Road sidewalks fromUS-23 to tunnel.

· Funded LCI transportation projects:
- $2.8 million (20% local match)
- Old Atlanta Road/East Atlanta Road Pedestrian Facilities.
- South Lee Street/US-23 Streetscape improvements.
- Downtown Streetscape – Berry Street

Harold Cochran made a motion to adjourn; Kathryn Gilbert seconded, and passed unanimously.

Respectfully submitted,

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