---
date: 2007-01-08
title: January 8, 2007 Minutes
source: 2007-01/2007-01-08_January 8, 2007_Minutes.pdf
pages: 1
---

January 8, 2007
CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA JANUARY 8, 2007

The Regular Meeting of the Stockbridge City Council was held on January 8, 2007 at 6:00 P. M. Mayor R. G.
Kelley presided and members present were Harold Cochran, Fred Evans, W.A.Gardner, Steve Moon and
Leila Turner.

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

Steve Moon gave the invocation.

Fred Evans made a motion to approve minutes of December 11, 2006 Council Meeting; FredEvans
seconded, and passed unanimously

Mayor Kelley welcomed guests.

PLANNING AND ZONING

TIMOTHY JOHNSON OF McDONOUGH, GA requested rezoning from RA (Residential-Agricultural) to C-2
(General Commercial) for property located at 112, 118 and 124 Old Conyers Road. The property is located
in Land Lot 68 of the 12th District, consisting of 10.98 acres. The request is for the development of an event
facility. This item was tabled at the November 8, 2006 and the December 11, 2006 Council Meetings. Mr.
Johnson was unable to attend this meeting.

Mayor Kelley asked Scott Mayfield to give a report on the status of this rezoning.

Scott Mayfield pointed out that the documents in front of them are from Henry County Planning and Zoning
Department. The zoning ordinance itself is only a page and one-half and it approves the rezoning of the
property from R-A (Residential/Agricultural) to C-2 (General Commercial). However, if you look further down
on the Henry County Zoning Report, paragraph 3 it does not make the zoning contingent upon a written
Development Agreement and the Development Agreement is entered into between the City, the owners and
the applicant which restricts the property to certain uses. The uses are shown on Exhibit D. The zoning
ordinance can be adopted at tonight’s meeting when it is clear and it’s not effective until this agreement is
executed by all parties which has not been completed yet. Also, it is not effective until the closing of the sale
on all three (3) parcels of property. If the Council wants to approve the rezoning ordinance tonight, there are
still a few hurdles that need to be decided on the Development Agreement.

Mayor Kelley explained that the Development Agreement restricts what can be done with the property based
on what the Council wants and to make sure this business could not be converted into a honky-tonk. He
discussed this matter with Mr. Welch before he left town and this is all covered and tied down real good.
Mayor Kelley recommended the Council approve just the zoning ordinance at this meeting.

Steve Moon made a motion to approve the zoning ordinance; Leila Turner seconded, and passed
unanimously.

Councilman Moon asked if everything is contingent upon all parties signing and everything being sold. Mr.
Mayfield replied that there will be a signed copy of the Development Agreement which is working its way
through the parties and will be returned to A. J. Welch’s office and once he gets a signed copy of the
Development Agreement that will become an “Exhibit”. Then we will need some proof at a later date that the
sale has closed and they are now the owners of the property. Proof will be in the form of a Warranty Deed
or Settlement Statement or something like that.

Steve Moon made a motion to approve rezoning from RA to C-2; Leila Turner seconded, and passed
unanimously.

NEW BUSINESS

RESOLUTION AUTHORIZING EXECUTION OF STORMWATER MAINTENANCE AGREEMENT WITH
WR OF STOCKBRIDGE, LLC – Mayor Kelley advised the Council that this resolution is authorizing execution
of the Stormwater Facility Maintenance Agreement with WR of Stockbridge, LLC, a subsidiary of Wolverton
& Associated, a South Carolina limited liability Company, Developers of Wal-Mart store located on Hudson
Bridge Road.

Mayor Kelley informed the Council that he has reviewed this item with A. J. Welch and it is all in order and
the Council needs to approve it so the Stormwater facility gets into the right place and the right hands.
Steve Moon made a motion to authorize Mayor and Clerk to sign Stormwater Facility Maintenance Agreement
with WR of Stockbridge, LLC; Leila Turner seconded, and passed unanimously.

STORMWATER FACILITY MAINTENANCE AGREEMENT – Mayor Kelley stated that they approved the
Resolution authorizing the Mayor and Clerk to sign the agreement and now they need to approve the
Stormwater Facility Maintenance Agreement with WR of Stockbridge, LLC.

Harold Cochran made a motion to approve the agreement; Steve Moon seconded, and passed unanimously.

SIZEMORE GROUP – PETER MORLEY – was scheduled to discuss the City Hall project regarding the civil
engineering and the audio/visual design. Mayor Kelley announced that the Sizemore Group could not make
it to this meeting. Mayor Kelley informed the Council that Sizemore needs to continue the boring for the new
site for City Hall and the Council needs to give them the go ahead to complete the boring. On the audio/visual
he is not real sure the Council needs to give approval at this time because it seems too soon to make a
decision on this part of design and Council needs to review this matter farther.

Harold Cochran made a motion to approve civil engineers to complete boring on the future site of the new
City Hall; Leila Turner seconded, and passed unanimously.

Fred Evans made a motion to table the audio/visual design of the request; Harold Cochran seconded, and
passed unanimously.

2006 CODE ENFORCEMENT ANNUAL REPORT – Mayor Kelley informed the Council that they should
have in their folders a copy of the annual report compiled by Terry Kight, Code Enforcement officer. Mayor
Kelley commended Ms. Kight for the great job in 2006 and already started doing this year. The City is getting
a lot cleaned up that has been around for a long time and the Council appreciates the great job.

DAWN JONES, 176 TITAN ROAD, STOCKBRIDGE, GA – Requested a variance to the Home Occupation
regulations. She would like to operate a “home office” for administrative purposes for an occupational therapy
company called Stepping Stones Intervention Services, Inc. Ms. Jones failed to appear and Mayor Kelley
asked for a motion to table.

Harold Cochran made a motion to table request; Fred Evans seconded, and passed unanimously.
LAMAR STROUD, 139 WILSON AVENUE, STOCKBRIDGE, GA – Requested a business license at this
location for a garage closed by Code Enforcement. Mayor Kelley stated that the Council knows he has been
at this location for a long time. Mr. Stroud responded that he has been in business there for 20 years. Mayor
Kelley stated that this location is in the middle of a residential area and not zoned commercial for a garage.
The City actually by ordinance cannot issue a business license for a garage at this location. Mr. Stroud stated
that since he has been doing business there for the past 20 years and the last six months he has been
working with Ms.Kight and he spent a lot of time and money cleaning the place to bring it up to code. He was
told that he would not receive a business license for 2007. He is asking that the Council take another look
at the project and the effort that he has put into it and maybe by some reason he could resume his business
at this location.

Mayor Kelley said before he could resume his business at this location it would have to be rezoned and asked
Mr. Stroud if he owns the property. Mr. Stroud stated that he does not own the property but his landlord was
under the impression that the building was going to be condemned but he has fixed the building including the
electricity and all services. Then he was told he was not going to get a business license. Mayor Kelley asked
Terry Kight to come forward and give a report since she worked on this case.

Terry Kight pointed out to the Council that Code Enforcement at Henry County has a history of violations at
this location since 1990. Since she came on with the City she kept a monthly photo logue of the vehicles at
that location and Mr. Stroud has made great improvements at this location but the problem the City has is
three fold. First of all, it’s a residential zone. Mr. Stroud does not have indoor plumbing. The smell on the
south side of the building is offensive to anyone down wind from that location. The second problem is the
noise from the air wrenches disturbing the residents in the subdivision. The third problem is the illicit
discharges into the City’s storm sewer. The toxins that are generated from the vehicles, the oils, antifreezes,
etc. that washes off his premises into the creek just down from that location. Those are the City’s largest
problems with this business. Mr. Stroud said there was not a creek on this site. Mrs.Kight stated that the
ditch is part of the storm sewer collection basin that the toxins eventually get into the creek.

Councilman Steve Moon asked Mr. Stroud if there was anyway the owner of the property can bring it into
compliance. Has the owner just wiped his hands of it? The property owner is responsible to make sure the
property is up to code. Mr. Stroud said he was in the process of doing the plumbing when Ms. Kight told him
he would not be able to get a license so he stopped all work at that point.

Ted Strickland, City Manager, asked Mr. Stroud how much property is involved, is there adequate parking
for vehicles. He has gotten complaints over the years from residents about Mr. Stroud’s customers parking
in the street. Mr. Stroud replied that he has an area in the back of the shop that extends two hundred feet
that was cleared where he was parking junk vehicles.
Terry Kight reported that the site is less than one acre and the way it slopes into the wetland area he would
lose almost forty percent of the lot because of the setbacks on the lower end. Mr.Strickland added that he
has very little parking up front on this property. Councilman Evans stated that unless the property is zoned
for this type of business, the Council’s hands are tied. Mayor Kelley advised Mr. Stroud that he could talk to
the property owner and if he wants to go through the process of trying to get it rezoned, he can’t say whether
it will be rezoned or not, but he has the right to try. There will be rezoning hearings and you would hear from
all the local residents.

Mr. Stroud said he understands and he agrees to a certain extent but he is happy to relocate his business
but right now he does not have a place and it is going to cost a lot of money to relocate. Finding a place that
meets code will cost $2,000 - $2,500 and he does not make that kind of money. He is asking for an extension
until he can find some place to go, can he continue to operate for 30 days or 40 days until he can move his
business. In the meantime, he will be in the process of moving. Mrs. Kight responded that the problem with
an extension is the pollutants generated from that location contaminating the sewer system. Mayor Kelley
pointed out the lack of restroom facilities. Mayor Kelley suggested he discuss this matter with the owner but
being in this location it will be difficult to get it rezoned.

Fred Evans made a motion to deny request; Steve Moon seconded, and passed unanimously.

HENRY IGBINOVIA, 113 WHITAKER DRIVE, STOCKBRIDGE, GA. – Requested a home occupation
license for a staffing agency to operate from his home. Mayor Kelley asked Mr.Igbinovia what type of
business was he talking about. Mr. Igbinovia replied that he will not be doing business from his home. He
just needs an address and that’s his home and he is using it to apply for a state license so he asked for a
license and the City would not give him a license. He stated that he needs a license or a note from the
Council that he was in touch with the City.

Mayor Kelley asked what he was going to be doing from his home. Mr. Igbinovia responded that he was just
using an address there for him to get a state license.

Councilman Cochran asked if he will be having customers coming to his home. Mr. Igbinovia said this is just
a requirement for a state license and he is just going to use his home address. The state requires that he
get a license from the City or get a letter from the City that he was in touch with the Council in order for him
to obtain a state license. When he gets a state license he will be renting a business place.

Mayor Kelley asked what type of license he will be getting from the state. Mr. Igbinovia replied that he is
applying for a home care license. Mayor Kelley asked exactly what does he do. He will have a staff that he
will send out to old folks at their home in wheelchairs and they will take care of them. Mayor Kelley asked if
his employees will report to him at his home. Mr. Igbinovia said this the state will issue him a license he will
be getting a business place but right now it is a state requirement that he get a business license from the
City.

Mayor Kelley repeated that Mr. Igbinovia can’t get started in this business until you have something to go to
the state to get a license to be a care provider.

Councilman Moon said something seems out of whack here. It would seem that the state is waiting for Mr.
Igbinovia to have a location for his business and then they will issue the license at the business location. He
needs to find a place and then tell the state that’s where your business is located. Mr. Igbinovia repeated all
of the above to Council again.

Scott Mayfield advised the Council that he would be glad to check the state regulation and report back at the
next meeting. Mr. Mayfield advised the Council that once he gets a business license issued with his home
address, if he actually did something there it would be difficult to revoke the license. Scott Mayfield suggested
the Council authorize the Clerk to issue an unofficial copy of the minutes to show that he was at the meeting.
Mr. Mayfield said he would be hesitant to give a permit without looking into the matter more.

Mr. Strickland stated that Mr. Igbinovia should get a location for his business and then apply for a license
with the City which is the normal procedure.

Mayor Kelley suggested the Council table this item until Scott Mayfield check the state regulation before
making a decision. Councilman Moon stated that he would be hesitant of putting anything that has the City
of Stockbridge on it representing the City saying or assuming or indicating the Council may have approved
something that should not have been approved.

Councilman Moon suggested that Mr. Igbinovia find out from the state because he evidently did not get the
right information. The normal routine is you have a place where you are going to do business, then get your
City business license and then you work with the state. It almost sounds like you are trying to get around
that part by saying give it at my home then I’m going to find another location and if the Council approve the
license and something happens and you take up business in your home that’s misleading the City and the
state. The Council is just trying to help him get everything in proper order.

Mayor Kelley advised the Council that we need more information on this item.
Steve Moon made a motion to table this item to the next meeting; Fred Evans seconded, and passed
unanimously.

GENO ROSE, 5627 NORTH HENRY BOULEVARD, STOCKBRIDGE, GA. – Requested to be on the agenda
to complain about the new administration fee of $60.00 added to the occupational tax fee. Mr. Rose failed
to appear; therefore, this was not discussed by Council.

TAXI MANIA COMPANY, ALFONSO GUERRERO, OWNER, 4995B NORTH HENRY BOULEVARD,
STOCKBRIDGE, GA. – requested a license to operate a taxi business at this location. Ordinance – Section
9.08.150 requires owners and drivers to be citizens of the United States. There are criminal history and traffic
violations for Mr. Guerrero and his driver has traffic violations. Mayor Kelley advised Mr. Guerrero that based
on his criminal record he does not qualify for a business license.

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

URBAN REDEVELOPMENT AGENCY – Reappoint members to the agency from January 10, 2007 to
January 10, 2009.

James E. Butcher, Chairman
Richard A. Grimes
Thomas Ifland
Vernon L. Moss
Tommie P. Turner
Nancy Brown, Secretary

Fred Evans made a motion to reappoint all members to the Urban Redevelopment Agency; Steve Moon
seconded, and passed unanimously.

Harold Thibodaux asked what are the requirements for the Urban Redevelopment Agency as far as being in
the community. Is there a requirement for the particular board? How do you decide who you select for the
board? Mayor Kelley responded that these members are selected by the Council and there are no specific
requirements for them to be on the board. The only requirement is that they are good outstanding citizens.
If he wants to get on the board, what must one do? Mayor Kelley said he must convince one of the
Councilmen to appoint him.

BID

2007 Vehicle ( GMC/Acadia)

Bellamy-Strickland $33,976.00
145 Industrial Blvd.
McDonough, GA 30253
770-954-3017

Southtowne Motor Co $34,726.23
800 Bullsboro Drive
Newnan, GA 30265
888-289-4666

Hennessy no response
7261 Jonesboro Rd.
Morrow, GA 30260
30260

Team Pontiac no response
4305 Jonesboro Rd.
Union City, 30291
770-964-1234
Fred Evans made a motion to approve low bid from Bellamy-Strickland Chevrolet in the amount of
$33,976.00; Harold Cochran seconded, and passed unanimously.

Councilman Evans asked the status of the street lights for Rock Quarry Road. Ted Strickland called Georgia
Power and he said they were having problems getting the lights on this end and the way the high power
tension lines are, they have to run another line down through there and they haven’t done it. We are also
waiting for Georgia Power to move the power poles in front of the Elementary School. He will have to contact
Georgia Power to get the status.

Councilman Evans stated that Rock Quarry Road is dangerous, especially at night. It is dark from one end
to the other. If you are not careful, you can get run over entering and exiting the subdivision along Rock
Quarry Road. Whatever it takes, Police Department slow down the dump trucks and light up Rock Quarry
Road from one end to the other. Someone gets killed out there several times a year. He realizes the County
and the City cannot afford to totally redo the Banks Road intersection but we could light it up. Ted Strickland
said Councilman Evans is right there are sections on Rock Quarry Road that definitely needs some street
lights. Some of the sections are in the City and some in the County. Mr. Strickland has discussed this matter
with Georgia Power and they plan to install lights but they just have not done it.

Mayor Kelley recognized Reid Bowman, County Commissioner for the Fourth District, and thanked him for
attending this meeting. Mr. Bowman stated he is in a learning curve but later he would like to address the
Council when he gets up to speed. He did state that he travels Rock Quarry Road a good bit and he agrees
it needs street lights and he would like to see it widened and a bridge over the railroad tracks but he realizes
this will take awhile with all the transportation money being mixed up right now but he is currently working on
also. Councilman Evans thanked Mr. Bowman for attending our meeting. The Council is not accustomed to
the City’s County Commissioner showing up for meetings.

Harold Cochran made a motion to adjourn; Fred Evans seconded, and the meeting adjourned at 6:45 P. M.

Respectfully submitted,

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