---
date: 2002-12-09
title: December 9, 2002 Minutes
source: 2002-12/2002-12-09_December 9, 2002_Minutes.pdf
pages: 1
---

December 9, 2002

EXECUTIVE SESSION

EXECUTIVE SESSION

CITY OF STOCKBRIDGE REGULAR MEETING

DECEMBER 9, 2002

LYNN BUFFKIN - Ted Strickland advised Council that Lynn Buffkin quit and walked out of the office on
November 25, 2002 and recommends not for rehire.

ANTONIO McCOY - Council recommends holding a hard line and not consider any settlement.

COURT CLERK - Judge Blount has requested an additional person in his department. Council will hold off
until a study is made on the amount of work and personnel needed.

CHASER'S BAR AND GRILL - John Webb with Smith, Welch and Brittain has been conducting an
investigation on the noise level. He recommends hiring Merk & Company to record the sound levels to
determine if they are in violation of the Noise Ordinance. He will report the findings at the January meeting.

REGULAR MEETING

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA DECEMBER 9, 2002

The Regular Meeting of the Stockbridge City Council was held on December 9, 2002 at 6:00 P. M. Mayor R.
G. Kelley presided and member present were Harold Cochran, Fred Evans, W.A.Gardner, Ronnie Simmons
and Fletcher Turner.
Harold Cochran made a motion to convene; Fred Evans seconded and passed unanimously.

Harold Cochran made a motion to approve minutes of November 11, 2002 Regular Council Meeting and
November 25, 2002 Special Meeting; Fred Evans seconded and passed unanimously.

Mayor Kelley welcomed guests.

MAYOR KELLEY MADE THE FOLLOWING ANNOUNCEMENT: The Government Finance Officers
Association has notified the City of Stockbridge that their comprehensive annual financial report for the fiscal
year ending December 31, 2001 qualifies for a Certificate of Achievement for Excellence in Financial
Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and
financial reporting, and its attainment represents a significant accomplishment by a government and its
management. This is the fourth year in succession that the City of Stockbridge has won this award and the
entire administrative staff is responsible for this achievement.

HEARING TO ADOPT 2003 PROPOSED BUDGET. Mayor Kelley stated that the final hearing to adopt the
2003 Proposed Budget and asked if anyone had a question or comment about the budget. There were no
comments and Harold Cochran made a motion to adopt a Resolution approving the 2003 Proposed Budget;
Fletcher Turner seconded and passed unanimously.

ADOPT RESOLUTION TO AMEND 2002 BUDGET. Mayor Kelley advised that it will be necessary to amend
the 2002 budget because of some changes that came about that requires the budget to be amended. There
are several amendments that amount to $472,199.00 and the City is required by law to amend the budget
accordingly.

W. A. Gardner made a motion to amend the budget; Fred Evans seconded, and passed unanimously.

PLANNING AND ZONING

Conditional Use:

CAROL STEPHENS, 718 DAVIS ROAD. Frederick Gardiner, Henry County Planner, advised Council that
Mrs. Stephens is requesting a Conditional use for property located in Land Lots 71 and 90 of the 12th District,
located at 718 Davis Road. The Property contains 0.75 acres and the request is to establish a daycare
center. The request was denied by the Planning Commission at their October 24, 2002 meeting. There were
some issues as to the size of the playground area, meeting the requirements that the establishment was
more toward a Commercial or O&I use, not a Conditional Use. The surrounding areas were taken into
account. The area is kind of an emerging area located close to Highway 42 somewhat turning commercial.
Recently a piece of property directly across the street owned by the American Legion was rezoned O&I. Mrs.
Stephens is present and will answer questions.

Mrs. Stephens advised the Council that she currently owns and operates a new direction and early learning
and family enrichment center. They currently provide a family daycare center at Stockbridge at 718 Davis
Road. They have been in operation for two and one-half (2½) years. She has worked in the childcare
industry for the last twelve (12) years in different capacities. They felt there is a need for quality daycare.
The state allows them to care for two (2) to six (6) children. If they expand their services to a plan that’s
called a group daycare center. They have provided the Council with a copy of information such as her
background, training, etc. They want to extend their program to group home care status to provide for twelve
(12) children.

She also presented a copy of her floor plan. They have enclosed their carport and created a real nice
classroom for six (6) children, ages 12 months to 2 years old. An additional room in their house will be used
for ages 2 to 4 years old. To clarify her status she is applying for group daycare home which is an extension
of a family day care center and would allow them to provide care for the twelve (12) children they are
requesting.

Mrs. Stephens said one of the concerns that Henry County has is their next door neighbor has two dogs and
have a sign posted “Beware of Dogs” and they want to provide a safe a clean environment for the children.
Part of their improvement plan is to place a five (5’) foot chain link fence along their property which will provide
a one and one-half (1½’) foot of space between the neighbor’s and their fence. This will prevent any contact
with the dogs. She informed the Council that she provides daycare for their neighbor’s daughter.

Another Henry County concern is the size of playground space and once she did the calculations based on
the measurements of the playground they have is 52x42 feet would allow them to have up to twenty-one (21)
children. They also have a smaller space on side of the house which would allow an additional six (6) to
seven (7) children. They plan to have another full-time helper and they will have six children playing in one
area and six children playing in the other area.

The concern about their daycare being commercial in nature she said she decided to open a family daycare
home and not go into a building because of her experience in working with children and being a mother of
four (4) is to provide children with a home atmosphere but still give them the structure of a classroom. She
has no plans to change the outside appearance of her home with any major construction changes.
Because of the quality of care that they have been able to provide they have been awarded a grant from
Quality Care for Children. They won the grant based on an inspection of their facility and interviewing the
children. The grant has paid for the zoning fees and has provided the daycare with toys, supplies, computers
and other nice things that will be needful and make it a nice daycare and not be taxing to the parents.

Fletcher Turner asked if she has the required parking spaces. Mrs. Stephens responded that they have a
drive-way with turn around space and she meets state requirements. She has space to extend the parking
area if necessary.

W. A. Gardner asked Frederick Gardner why the Planning Commission turned it down. Mr. Gardiner reported
that the County has no provision to address a group daycare facility. Play areas require two hundred (200’)
square feet per child and their site is just below that amount. There was a dog kennel located on the adjacent
property line. Even if the dogs are moved to the opposite side of the yard, barking dogs frighten small
children. The original application requested up to eighteen (18) children and that many children would be a
full fledged daycare facility and should be required to apply for rezoning to O&I rather than a Conditional Use.
If she expands she would be required to put in a paved parking area and would look more like a full fledged
commercial establishment. Under these conditions, the Planning Commission decided this would be an
incompatible use for the surrounding residential district. The evaluation report did point out that this area
appears to be going commercial

Mayor Kelley asked Mrs. Stephens if her request is for only twelve (12) children. Mrs. Stephens responded
that twelve (12) children is what she is requesting.

Mayor Kelley recommends that if approved she will be limited to twelve (12) children and a privacy fence be
installed between the children and the dogs.

Frederic Gardiner advised that Children and Family Services will not allow privacy fencing at daycare. Mrs.
Stephens responded that that is correct but they would probably allow a privacy fence on one side. Mr.
Gardiner suggested a chain link fence with plastic strips and that would be more amenable than a wood fence
and this could be a condition.

Councilman Evans asked if the building would be inspected by the Fire Marshal. Mrs. Stephens responded
that the Fire Marshall has already inspected twice. He will allow her to operate with twelve (12) fulltime day
children and some after school for ninety (90) days at which time she must have installed a home fire alarm
sprinkler system. Councilman Gardner pointed out that at no time will she be allowed to have more than
twelve (12). Mrs. Stephens said she understood and she was just repeating what the Fire Marshall had said.
Councilman Evans said he is concerned that by placing this daycare in the middle a residential area would
be against the Comprehensive Land Plan but Frederick Gardiner pointed out that they are asking for a
Conditional Use and it would not change the zoning and meets the land use plan.

Ted Strickland, City Manager, pointed out that Mrs. Stephens is on Clayton County sewerage and this would
not be a problem.

Mayor Kelley asked Frederick Gardiner to list the conditions that would be placed on the Conditional Use if
the Council approved the request.

1. No more that 12 children at one time.

2. Four (4) high chain link fence with plastic slats be placed on the east
property line to separate the children from the neighbor’s dogs.

Fletcher Turner made a motion to approve with conditions; W. A. Gardner seconded, and passed
unanimously.

Annexations:

GEORGIA BAPTIST HOMES, INC. 1424 HUDSON BRIDGE ROAD – requested rezoning from C-3 (Heavy
Commercial) unincorporated Henry County to C-3 (Heavy Commercial) within the City of Stockbridge. The
property is located on the north west corner of Hudson Bridge Road and I-75 in Land Lot 21 of the 6th District
and contains 12.35 acres. The request is for annexation into the City of Stockbridge.

Mayor Kelley asked if anyone was present regarding this matter. There was no response.

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

Fred Evans made a motion to rezone; W. A. Gardner seconded, and passed unanimously
PHP ENTERPRISES, 1451 HUDSON BRIDGE ROAD – requested rezoning from C-3 (Heavy Commercial)
unincorporated Henry County to C-3 (Heavy Commercial) within the City of Stockbridge. The property is
located on the south side of Hudson Bridge Road in Land Lot 20 of the 6th District and contains 1.83 acres.
The request is for annexation into the City of Stockbridge.

Mayor Kelley asked if anyone had any comments regarding this matter. There was no comment.

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

Fred Evans made a motion to rezone; W. A. Gardner seconded, and passed unanimously.

JAMES W. CLARK, BRANNAN ROAD – requested rezoning from RA (Residential Agricultural)
unincorporated Henry County to RA (Residential Agricultural) within the City of Stockbridge. The property is
located on the west side of Brannan adjacent and south of Hickory Flat Elementary School in Land Lot 30 of
the 7th District and contains 51.76 acres. The request is for annexation into the City of Stockbridge.

Mayor Kelley asked if anyone was present regarding this matter. There was not response.

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

OLD BUSINESS

NEW BUSINESS

SOLID WASTE COLLECTION AND DISPOSAL – SECTION 5.12.370(b) – To correct the reference in
section (b) from 11.02.400 to 11.08.040. Andy Welch advised the Council that the section that was cited
was a none section and this ordinance amendment will correct this error.
Motion was made by Fred Evans; Fletcher Turner seconded and passed unanimously.

CITY CHARTER – Andy Welch, City Attorney, inquired if Mayor and Council desire to make any changes in
the City Charter so they can prepare the necessary documents to be presented early in the 2003 Legislature
Session. He pointed out one issue that needs to be clarified is the language in the City Charter where it will
unequivocally state that members of the Council can hold positions on the Downtown Development Authority
Board. The Charter does say that but it’s just not very clear. Mr. Welch will prepare documents to make this
clearer in the Charter.

HENRY COUNTY DIVISION OF FAMILY AND CHILDEN SERVICES – requested that $5,000.00 be
appropriated in the Proposed Budget for 2003 for services to be rendered. Mayor Kelley recommended
approval.

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

FLINT CIRCUIT COUNCIL ON FAMILY VIOLENCE, INC. – requested that $5,000.00 be appropriated in the
Proposed Budget for 2003 for services to be rendered. Mayor Kelley recommended approval.

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

PATHWAY COMMUNITIES – MONARCH VILLAGE requested a traffic signal at the intersection of Walt
Stephens Road and Monarch Village Way. Ted Strickland, City Manager, reported that he and some of the
city staff attended a meeting on November 12, 2002 with the School Board. They are trying to get a traffic
light at Monarch Village at the intersection of Walt Stephens and Brentwood Park where the new elementary
school is being constructed. They have written a letter asking for the City’s assistance in getting a traffic
signal at the location.

Frederick Gardiner advised the Council that additional lanes should be installed on Walt Stephens Road at
the intersection of Monarch Village and Brentwood Park subdivisions. A traffic light will not help unless the
lanes are installed. There is also the issue of a needed traffic light at the intersection of Walt Stephens Road
and Blackhall Road which has not been addressed.

Mayor Kelley stated that the City should meet with the developers of Monarch Village, Pathway Communities
and Brentwood Park, Hayes Developers to discuss this matter.
Harold Cochran made a motion to table; Fred Evans seconded, and passed unanimously.

ORDINANCE: To authorize Clerk to post and publish notice of regular meetings for 2003.

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

PINE GROVE RESOLUTION: To amend Development Agreement with Pine Grove Community, LLC, The
Knight Group. A. J. Welch reminded the Council that this Development Agreement involves Ed Whiddon’s
property on East Atlanta Road. The Knight Group wants to move fifteen (15) of the single family residential
lots over and put in cluster homes on the east side of the railroad tracks. Mr. Welch has prepared an
amendment to the Development Agreement. The Knight Group will remain within the numeric number of the
density requirement. If the Council is in agreement, the Council can pass a resolution authorizing Mayor
Kelley to sign the amendment agreement.

Mayor Kelley asked if anyone was present regarding this matter. No one responded. Mayor Kelley said he
could see no problem because it’s just a matter of shifting some lots.

Fred Evans made a motion to approve the Resolution authorizing Mayor Kelley to sign the amendment to
the Development Agreement; W. A. Gardner seconded, and passed unanimously.

CITGO, 115 HIGHWAY 138 – RAZA H. ZAIDI requested a license for a convenience store, gas station and
alcohol sales. Mr. Zaidi has completed application and background check and meets all requirements of the
ordinance.

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

CORNER PB STORE, 155 EAST ATLANTA ROAD – SADRU M. ALI, PRESIDENT requested a license for
convenience store, gas station and alcohol sales. Mr. Ali has completed application and background check
and meets all requirements of the ordinance.

Fred Evans made a motion to approve; W. A. Gardner seconded, and passed unanimously.
SPIVEY R. P., 3520 WALT STEPHENS ROAD, TESFAGABR PETROS requested a license for convenience
store, gas station and alcohol sales. Mr. Petros has completed application and background check and meets
all requirements of the ordinance.

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

WALMART SIGN – Andy Welch advised that Council Walmart has made application with Henry County to
replace the sign that was destroyed by a bus. Planning and Zoning denied the application and the basis for
the denial was that it did not comply with the City’s sign ordinance. This is somewhat of an incorrect
statement. The sign was a non-conforming use; it was there prior to the adoption of the sign ordinance.
Under the sign ordinance it is allowed to stay, be replaced if it is destroyed and this case it was destroyed by
no action of WalMart so certainly that use can continue under the ordinance. Mr. Welch has prepared the
Resolution and the attached applications that were submitted, the original permit as well as the current permit.
Mr. Welch advised Council that the original permit allowed for the construction of a single pole sign with two
(2) signs on top of the pole. Walmart Super Center on a sign four (4’) feet by twenty (20’) feet and Pharmacy,
Optical, 1 Hour Service on a sign three (3’) feet by eight (8’) feet. That was the original sign and that is what
they would like to reconstruct on the site. The application that was filed with the Planning Department was a
little different but and WalMart is interested in putting up the same sign they had before.

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

STOCKBRIDGE COMMONS, CARY BUNN – needs to know if the existing road is acceptable to the City for
dedication as a public road. The existing street runs from the proposed property site being developed through
the existing street between Quick Trip and Stockbridge Partners, LLC.

Ted Strickland, City Manager, said Henry County’s regulation is twenty-eight (28’) and Mr. Bunn has twenty-
seven and seven tenths (27.7’) feet and they want a variance of three tenths (.03) of a foot. Mayor Kelley
recommended approval.

Harold Cochran made a motion to approve variance; W. A. Gardner seconded, and passed unanimously.

ORDINANCE/RESOLUTION – Andy Welch advised the Council that this ordinance will amend Henry County
Zoning Provisions regarding annexed property. Mr. Welch presented a resolution authorizing the City
Attorney to present an amendment to the ordinance. The current ordinance reads that undeveloped land
that is annexed into the City as presently zoned as is the distinction with developed land. What this
amendment will do is streamline the annexation process and Georgia law allows the Mayor and Council to
annex properties without having to go through all the zoning procedures so long as the City is going to retain
the current County zoning. What this ordinance does is amend the current City ordinance so it expressly
states that when the City annexes property from the County to the City, it will retain the zoning of the County,
and then the Council may do so without having to go through all the zoning hearings and notice requirements.

Fred Evans made a motion to approve the resolution; Harold Cochran seconded and passed unanimously.

EXECUTIVE SESSION

Harold Cochran made a motion to go into Executive Session to discuss personnel matters.

Fred Evans made a motion to reconvene regular meeting; Harold Cochran seconded, passed unanimously.

RAYMOND PHOENIX, 305 GAELIC CIRCLE (THE TERRACE AT EAGLE’S LANDING) was on the agenda
for the November 11, 2002 Council Meeting and failed to appear. He thought he was to appear at the
December meeting. Mr. Phoenix wanted to discuss the sanitation rates for home occupation customers.
Any trash or garbage his business generates he can dispose of himself and thinks the sanitation tax is unfair.
Mayor Kelley said actually the City should be charging a commercial rate of $12.00 per month plus the home
rate of $8.00 per month for a total of $20.00 per month. The City does not charge customers the combined
rate and he does not understand what his complaint is all about.

Mr. Phoenix addressed the Council advising that he recently applied for a home business license which he
got from the City. He received his sanitation bill and it increased from $8.00 to $12.00. When he questioned
the Clerk about the increase he was informed it was because he has a home occupation he will have an
increased amount of trash.

Mayor Kelley advised Mr. Phoenix that we go by the ordinance and we cannot go to every house and check
out if they have more trash because they have a home occupation. Mayor Kelley stated that if he wants to
cancel his home occupation license, then it will go back to $8.00 per month. He was not complaining about
the amount of the bill, just the way it was handled. He was not made aware that his sanitation rate would
increase. Mr. Phoenix told the Council that he has not put any trash out from his business since he has had
his business because most of his business is not in Henry County, it’s in other counties. Probably the only
time he has business in Henry County because he goes to a lot of arts and crafts shows.
Mr. Phoenix said he is coming before the Council to ask for special consideration to have the rate reduced
to $8.00. Mayor Kelley said that’s just what he was talking about, the City has no way to police who is
generating trash in their home occupation business. The Council sympathizes but there is nothing they can
do as long as he operated under the home occupation license.

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

RAISES DISCUSSED IN EXECUTIVE SESSION.

Fred Evans made a motion to approve individual raises that Ted Strickland and Mayor Kelley recommended
in the Executive Session; Harold Cochran seconded and passed unanimously.

Harold Cochran made a motion to convene; Fletcher Turner seconded and passed unanimously. Meeting
adjourned at 7:30 P. M.

Respectfully submitted,

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