---
date: 2005-08-25
title: August 25, 2005 Minutes
source: 2005-08/2005-08-25_August 25, 2005_Minutes.pdf
pages: 1
---

August 25, 2005

CAROLE RANDALL AND GODFREY EKWOROMADU CORPORATION, CHILDREN’S COLLEGE
DAYCARE, 5356 NORTH HENRY BOULEVARD. The Council to discuss nuisance violation filed against
Ms. Randall and Mr. Ekworomadu. Mayor Kelley asked John Webb, City Attorney to explain this matter to
the Council.

Mr. Webb said on August 9, 2005 the subject project was inspected by the Henry County Fire Department
and the Henry County Building Department at which time there were numerous violations of the Fire Code
and Building Code discovered at this location. Because the City’s Code of Ordinances, Section 9.70.090,
provides that the City shall, it’s not even discretionary, that the City shall revoke any center’s license issue
when that center is in violation of the Fire Code. The City notified the property owners that their daycare
license was revoked if they could not make the repairs within ten (10) days. The Code of Ordinance gives
them ten (10) days notice before revocation will occur. The notice was properly delivered by hand to the
owner. The owner received the notice and was given ten (10) days to make the repairs.

On August 22, 2005, eleven (11) days later because the ten (10) day fell on a weekend, the property was
once again inspected and the same violations were found to be in place there and; therefore, by operation of
the City’s law, the daycare license was revoked. Notwithstanding, the fact that the license was revoked, the
operators were afforded the opportunity today to show cause why it shouldn’t be revoked. As it stands right
now, the license is revoked but if anyone is here on behalf of the daycare center and wants to be heard by
the Council, this is their opportunity to do so. He asked if there was anyone present on behalf of the Children’s
College Daycare that wants to be heard at this time.

Mr. Godfrey Ekworomadu addressed the Council and stated that when the Building Department came to
make the inspection he told them he would make the repairs to the roof. He presented some documents
where he had gotten a bid from a company to make the roof repairs. He asked for time to make the repairs.
They gave him ten (10) days to fix the problem. He asked for more time to fix it.

Mayor Kelley advised Mr. Ekworomadu to get it all fixed and it will be re-inspected and the Council will
consider renewing his license but they can’t do anything about their license until the building comes up to
code. When the building has been repaired he can come back to the Council and they will reconsider
renewing their license.

Mr. Webb said what is before the Council at this time is whether the Council should reinstate his license. His
license has been revoked and this is a hearing to determine whether or not you should reinstate the license
at this meeting. Before this decision is made, Mr. Webb would like for the Council to hear from one other
person before the decision is made. There are people here from the Henry County Building Department, Fire
Department and Code Enforcement. It’s not necessary that the Council hear from all of them but the Council
should hear from Terri Kite, Henry County Code Enforcement Office, who has been monitoring the situation
for awhile and she can give the Council a good summary as to what happened leading up to this point and
time.

Mr. Webb stated that he will ask Ms. Kite several questions.

Mr. Webb: Tell the Council your name and occupation.

Ms. Kite: Terri Kite and I work for Henry County Code Enforcement.

Mr. Webb: How long have you been working in the capacity.

Ms. Kite: Seven (7) years.

Mr. Webb: In over the course of those seven (7) years have you had reason to investigate the Children’s
College Daycare in Stockbridge.

Ms. Kite: Yes I have.

Mr. Webb: How long have you been familiar with that particular facility?

Ms. Kite: Since the initial complaint came in on August 9, 2005.
Mr. Webb: On August 9, 2005 what steps did you take to investigation that particular location?

Ms. Kite: She looked into all the different agencies that were working with Children’s College that had history
of offenses at that location to see what was going on regarding the public nuisance and the
safety of the children at that location.

Mr. Webb: And, what did you find. Did you find a history with the Henry County Fire Department?
Ms. Kite: A lengthy history.

Mr. Webb: Going back how far.

Ms. Kite: In 2002 there was a fire in the kitchen area. A stove was spliced into a wire in the wall.

Mr. Webb: Did you find other problems that the Henry County Fire Department had with the Children’s
College Daycare.

Ms. Kite: Yes, on August, 2005 Henry County Fire Department found insufficient exit sign emergency lights,
the heating area was used for storage instead of heating and air and there was exposed wiring
in the building.

Mr. Webb: Did you check the Henry County Building Department to see what concerns they have.

Ms. Kite: Yes I did.

Mr. Webb: How far back did the Henry County Building Department have with problems there?

Ms. Kite: April 6, 2005 they issued a correction notice for a building permit application process demand to
tear off a roof for further damage inspection. They were concerned about exposed electrical
wires that had to meet code. Also, hand rails did not meet code and server water damage on
walls and ceilings throughout the building.

Mr. Webb: Were there actual structural damages discovered?

Ms. Kite: Yes, there was.

Mr. Webb: Were the structural damages concerning the roof itself?
Ms. Kite: Yes.

Mr. Webb: As well as the support?

Ms. Kite: Yes.

Mr. Webb: Was their any issues with standing water in the facility?

Ms. Kite: Yes, in the lower level there was standing water with boards over it. There was a sump pump that
was plugged right in to the wall that was within reach of the children.

Mr. Webb: Were there other problems from a sanitary standpoint that were discovered within the building?

Ms. Kite: Yes there were. There was a toilet area that had been repaired and part of the toilet drain had
cement pored into it to the degree that it could have caused a methane gas risk of explosion. It
was not done to code.

Mr. Webb: Were there actual feces found there in the property in the area where the children were?

Ms. Kite: Yes, I saw rodent droppings and bugs and there were compelling photographs of the location
taken from within the building.

Mr. Webb: Now back on the Henry County Building Department inspectors, inspecting the property in April,
2005, did they give specific instructions to the operators to correct the structural problems that
they found?

Ms. Kite: Yes they did.

Mr. Webb: Were those problems corrected?
Ms. Kite: No they weren’t.

Mr. Web: Was the property re-inspected by the Henry County Building Department in August of this year?

Ms. Kite: Yes it was.

Mr. Webb: Same problems present?

Ms. Kite: Additional problems present.

Mr. Webb: Did those problems present a clear present danger to the health, safety, and welfare to the
children who were inside that property?

Ms. Kite: Yes they did.

Ms. Webb: When you went back to the property on August 22, 2005 had those problems been corrected?

Ms. Kite: No they had not.

Mr. Webb: Those are the highlights and I don’t think it necessary to go any further.

Mayor Kelley asked if there are any further questions or comments regarding this subject. Andy Welch stated
that right now they do not have a license and they are appealing for reissue of their license.

Steve Moon asked if there will be any type of signage or anything that will be put on the building that says it
is an unsafe building.
A Henry County Building Inspector said the power has been removed from the structure so it’s not habitable
at this time and there is no big risk and Mr. Godfrey understands.

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

2005 MILLAGE – Mayor Kelley advised the Council that the mill rate needs to be set at this meeting. He
recommends that the mill rate be set at 3.68 with a local option sales tax rollback of 3.68 with a mill rate of 0.

W. A. Gardner made a motion to approve; Steve Moon seconded, approved unanimously.

Steve Moon made a motion to adjourn; Fred Evans seconded, and passed unanimously. The meeting
adjourned at 6:00 P. M.

Respectfully submitted,

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