---
date: 2005-03-14
title: March 14, 2005 Minutes
source: 2005-03/2005-03-14_March 14, 2005_Minutes.pdf
pages: 1
---

March 14, 2005

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA MARCH 14, 2005

The Regular Meeting of the Stockbridge City Council was held on March 14, 2005 at 6:00. MayorR. G. Kelley
presided and members present were Harold Cochran, Fred Evans, W.A.Gardner, Steve Moon and Fletcher
Turner.

Harold Cochran made a motion to convene, Fletcher Turner seconded, and passed unanimously.

Steve Moon gave the invocation

Harold Cochran made a motion to approve minutes of February 14, 2005 Council Meeting, FredEvans
seconded, and passed unanimously.

Mayor Kelley welcomed guests.

PUBLIC HEARING

URBAN REDEVELOPMENT PLAN – Mayor Kelley presided over the final Public Hearing to approve and
adopt the Urban Redevelopment Plan. Mayor Kelley asked if anyone present had anything they would like
to bring to the Council’s attention.

The question was asked if the City plans to build the buildings. Mayor Kelley responded that a developer
would come in. Would a developer build all at once then sale or lease? A. J. Welch, City Attorney, advised
that has not been determined.

Jane Rutledge asked if any of the older established businesses were going to be allowed to remain as part
of the original old downtown Stockbridge that moved from Concord. Mayor Kelley responded that he was
not following her meaning, will the City allow them to be a part of that? Mrs. Rutledge asked again, will the
buildings that are there be allowed to remain? Buildings in the Urban Redevelopment Area will not remain.
Mayor Kelley pointed out that the old downtown area across the railroad is not included in this plan and will
not be affected. Any of the owners in the old downtown business district will be invited to be part of the urban
redevelopment but it would be up to them and the developer. Mrs. Rutledge stated that it is her understanding
from her family history that both sides of the railroad tract were part of the new downtown when it moved
from Concord and why would one side of the track be preserved and one not?
Mr. Welch stated that the City Council has passed a resolution designating where the downtown
redevelopment would occur under the Urban Redevelopment Act that has been described and is part of the
public record.

A citizen stated that in the newspaper it stated that they were going to build single family dwellings on Bryant
Street. It is his understanding that Bryant Street will not be touched. Ted Strickland, City Manager, stated
that the urban redevelopment area backs up to Bryant Street and the homes on Bryant Street will not be
touched. The newspaper reporter made an error in stating Bryant Street homes would be affected. The
question was asked if the buffer area between the houses and the redevelopment area has been discussed.
Mayor Kelley responded that those types of decisions are down the road before anything gets approved
because we are just in the final hearing and the proper buffer is something to be decided. Councilman Evans
stated that the City and County ordinances require buffers. The citizen stated that once before they were
going to build on this property and a twenty-five or fifty foot buffer was required. He has lived in his home for
thirty years and he does not want to look at a dumpster sitting on his back porch. Mayor Kelley stated that
those things will be planned once the plan has been approved and right now it hasn’t been approved. This
is just another step forward in the process.

Tommy Mitchell stated that he has plans to put a second story on his building on Berry Street, and asked if
that will change anything or have any effect on the City’s plans. Mr. Welch explained that as long as he is in
compliance with zoning act laws in the overlay district for downtown Stockbridge it does not affect him
whatsoever. Mr. Strickland asked if Mr. Mitchell would be in the overlay district. Mr. Welch responded yes
to Mr. Strickland.

Mr. Welch stated that he wanted to go through the Urban Redevelopment Plan to make sure the record is
clear. The Council has a Resolution before them to approve the Urban Redevelopment Plan. The Plan has
been described in detail, the study has been filed with the Clerk, notices have been run in the newspaper
notifying the public of the plans of the City to enact an Urban Redevelopment Plan for a specific area. That
area has been described and the general area of the property is bounded on the south by North Henry; west
by the railroad tracks; on the north by Bryant Street and other properties that are owned by other individuals
that are not being acquired; on the east by the Baptist Church and other properties that are not being acquired
and the existing library. The City has the right to increase or decrease this specific area; however, the study
that has been made has been made for the areas described. In the process of making the development or
the ultimate development, the City will be using a portion or the property for public purposes such as a new
City Hall, public parking, parks and improvements of rights-of-ways or areas outside the existing rights-of-
ways. The plan has been drawn to describe commercial areas, residential areas, public areas and those
areas will be used as part of the Urban Redevelopment Plan. If the Council approves the resolution tonight
to approve the plan, then it would be submitted to the Redevelopment Committee that has been appointed
by the City to start commencement of the planning for the acquisition of the property and the further
development of the property. It is the recommendation of staff which includes legal office, Mr.Strickland’s
office and the consultants that have been hired by the City to produce this plan, the Stockbridge Town Center
Urban Redevelopment Plan, that the Council approve the resolution tonight. The original has been provided
to the Clerk and the Council would be authorizing the Mayor and Clerk to sign the resolution if the plan is
adopted.

Julius Ross, Henry County Planning and Zoning asked the Council if this Redevelopment Plan constitute an
amendment to the City’s Comprehensive Plan. Mr. Welch responded, “Not at this time”. Mr. Ross asked if
it involves the rezoning of any property. Mr. Welch responded, “No, it does not because it will be all owned
by a public entity and public entity is not subject to zoning”. Mr. Ross stated that according to Minimum
Planning Standards, if this involved ten percent (10%) of the City’s land or if it changes the nature of land use
of the City’s current zoning map, those are just two (2) possible criteria that would mean that the City is
making a major amendment to the Comprehensive Plan and as a result would require to submit that plan to
the Atlanta Regional Commission and Department of Community Development for review. Mr. Welch stated
that “It’s not subject to that at this time because we are not acquiring property at this time and not rezoning
any property at this time”.

Mrs. Rutledge asked who was appointed to the committee. Mayor Kelley responded that she should have
attended the previous meetings if she wants to know all these questions because it would require that the
Council go over all the last meetings to bring her up to date. She can obtain a list of the committee from the
Clerk. Mrs. Rutledge asked if it’s been in the paper. Mr. Welch responded that it is not required by law and
the appointments were made in a public meeting and that is all that is required by the law.

Councilman Evans pointed out that the resolution states that “Whereas no family will be displaced”, what
about the Hugh Collins family? Mr. Welch stated that he understood that it was not occupied. Mr. Evans
informed Mr. Welch that the Collins family are in residence. Mr. Welch said he would have to amend that
section to list families that would be displaced. Mr. Evans stated that the Collins are the only owners that live
in their own home. Mr. Welch will make the appropriate amendment and if the Council adopts the resolution
it will be with that change.

Mr. Ross asked if this would involve an amendment to the future land use map. Mr. Welch responded, “No,
not at this time”. Mayor Kelley advised Mr. Ross that this is one more step in the process.

Fred Evans made a motion to approve the Resolution to adopt the Urban Redevelopment Plan with the
amendment regarding the displacement of families; seconded by Fletcher Turner, and passed unanimously.

NEW BUSINESS

JANE ASKEW RUTLEDGE stated she was present to present the City with pictures of her great, great
grandfather, the Honorable Foxx Uriah Askew, the first Mayor of Stockbridge. Her grandmother was Ruby
Rose Hinton and her grandfather was Roy Richard Askew, Sr., grandson of Foxx Uriah Askew. Foxx died
while serving as Mayor on July 12, 1918. Roy Askew would often tell how Foxx, as he was affectionately
known to Stockbridge residents simply as Foxx, died after he had a short illness. This information is according
to the Henry County Weekly dated July 12, 1918. Everything she is telling is coming straight from the history
books of Henry County. Foxx was one of the first settlers of Stockbridge. In fact, he owned the land that
Stockbridge 30281 is known as today. As a small child her fondest memories were playing checkers at her
daddy’s Sinclair Gas Station where Church’s Chicken and Graffiti’s Pizza is located today. With both
Grandpa’s and hearing the war stories told by Roy Askew, Sr. about how Foxx bought the land of 30281.
After Foxx told Southern Railway, “Hell No” to the price they commanded for land in Concord which is old
Stockbridge out East Atlanta Road. Foxx and his “Askew” demeanor, after telling Southern Railroad “Hell
No” quietly moved south of Concord and purchased all the land surrounding the railroad tracks. He then
commanded the price that Southern Railroad paid him to put a train depot on his property. The Askew family
not only bought and owned the town; they generously gave land and leadership to the new Stockbridge. This
is the reason she has her deep roots in politics and work feverously to give from her heart and her daddy’s
pocket book, the Virgil Uriah Askew estate, the home place at 104 Askew Drive to the City in 2004 to start a
Senior Citizens/Alzheimer Adult Day Care house for residents of 30281. She had hoped to see this followed
by a new building to be built on Burke Street through SPLOST funds. After investigation, she came to realize
that a library and tax office had been prioritized on the SPLOST list ahead of a senior center. After a double
take on how the elderly in 30281 had been left off the SPLOST, as a true Askew she started he own crusade
to see that the citizens of 30281 with no deep money pockets for day sitters would have a place to go and
have a social life restored in their later years. A game of checkers, a song, with or without music, a sweet
smile or just a friendly hello is a welcoming site to the elderly. Mrs. Asker said that though the demise of her
own mother’s health through many years came to realize and attest to this. Foxx known to be quite wealthy
and quite generous; gave Southern Railway the land for the train depot at his price contingent upon his
children being the train engineer which was Uncle Newt for the Southern Railroad who died in the crash of
the two trains in Macon, in the history book. The train depot watchman was her grandfather, Roy Richard
Askew, Sr. Foxx also gave the land for the Stockbridge City Cemetery. He gave himself the title of City
Recorder to make the town a charter town and then served as the Mayor of Stockbridge of the new
Stockbridge until his untimely early death.

With the Council’s permission she would like to present to the Mayor and Council a picture of Foxx that would
be framed by Serendipity in McDonough since there is no framing in Stockbridge that she can afford. They
have generously offered to frame it for her in a frame of the era the picture was made. If the Council will
accept the picture and hang it on the wall, she will gladly have it framed. If the Council does not hang it on
the wall she will not waste her money.

Mayor Kelley stated that Ted Strickland is in the process of getting pictures of all the past Mayors. Mrs.
Rutledge stated that she has asked Ted to work with her over the years; Ronnie Simmons worked graciously
on things like this. Mayor Kelley said when we get them all together we will put them up either in City Hall or
the Conference Center. Mrs. Rutledge asked why the first Mayor couldn’t be presented before all pictures
are collected. The Council will accept the picture now and down the road all the pictures will be framed alike.
Mayor Kelley stated that the City will be glad to have the picture of the first Mayor of Stockbridge. Mrs.
Rutledge stated she will be glad to assist Ted in the effort and she has a list of all of the Mayors. Ted
Strickland stated that he does not need her help that he will get them; just give the Council the picture. Mrs.
Rutledge said she would not give her picture to anyone unless it was going on the wall. Mayor Kelley said
when the City gets ready to hang the pictures; we will get in touch with her. Mrs. Rutledge commented that
the City did not want the house in 2004 and now the Council does not want the picture of the first Mayor in
Stockbridge.

Ted Strickland informed the Council that the home and 16 acres was sold to another company and she did
not own the house when she was trying to give it to the City of Stockbridge. Mayor Kelley said the Council
is not here to discuss matters other than the picture; and if she wants to give it to the City we will be glad to
accept the picture if she wants to leave it. Mrs. Rutledge stated that it would take a bona fide idiot to do that.
RESOLUTION: OUTFALL SEWER LINE – A. J. Welch reminded the Council that we issued a contract to
Municipal Contracting Company, Inc. which was the lowest qualified bidder for the outfall sewer replacement
line. The contracting company has defaulted on the contract. He has notified the surety company, Gulf
Insurance Company. Under the bond, they had five (5) days to inspect the matter and make a determination
as to whether or not they were going to correct the defaults or commence with construction. That time has
expired and we also gave notice concerning acts of bad faith, failure to move forward in the process of taking
over the sewer line construction. A resolution has been prepared for the Mayor and Council to consider
tonight. This resolution would give the bonding company until 11:00 AM Friday of this week to give an
unequivocal letter of notice to the City that they are going to resume the project and they will commence
construction on the project by April 1, 2005 and they will honor the bond. If they fail to do that, the Council
will authorize the City Attorney to proceed to take the necessary legal action against the bonding company
and against the contractor to insure fulfillment thereof. The Council will also authorize the Mayor to enter into
a contract to obtain substantial completion of the project at the earliest possible date for the best terms
available. The bonding company has been provided with a study from Bill White, Stevenson & Palmer
Engineering, the City’s engineering company. This study advises what has to be done to complete the project
and given the plans. They say we are going to have a meeting this week to get is all resolved. Mr. Welch
advises he does not want to wait another month to get it resolved. The Council needs to give Ted Strickland
and A. J. Welch the authority to go forward. If the Municipal Contracting Company is not going to start up
the project again, they be allowed to bring in another contractor and let the Mayor negotiate the best contract
the City can. Get the line put in and then take legal action against the bonding company if it becomes
necessary. Once the Council adopts this resolution and sends it to the bonding company that the City will
get some immediate help on this.

Harold Cochran made a motion to adopt the resolution authorizing Mayor Kelley to take action he deems
necessary to obtain completion of the project under the best terms possible; Fred Evans seconded, and
passed unanimously.

RESOLUTION: To transmit Solid Waste Management Plan for the Short Term Work Program and Report of
Accomplishments to the Atlanta Regional Commission and the Department of Community Affairs for review.
A. J. Welch stated the Julius Ross forwarded a copy of the original resolution for review and it is his
recommendation that the Council approve and execute the resolution. Mr. Ross will file the City’s resolution
along with the other cities and county resolutions to the state to be in compliance.

Julius Ross advised the Council that he would like to answer any questions the Council may have. This ends
the process of approving an updated Solid Waste Management Short Term Work Program to the Atlanta
Region Commission and the Department of Community Affairs where a regional Public Hearing will be held
on it. The Solid Waste Management Planning Act requires a ten (10) year Solid Waste Management Plan,
a five (5) year update, and annual Solid Waste Full Cost Survey and Report. This is the five (5) year Short
Term Work Program update which lists all the projects the City intends to take to collect wastes, to dispose
of it, to reduce the amount of waste and to educate the public about recycling efforts and other methods of
reducing waste.
Fred Evans made a motion to transmit resolution to Atlanta Regional Commission and the Department of
Community Affairs; W. A. Gardner seconded, and passed unanimously.

PINE GROVE COMMUNITY – The Knight Group, Developers requested an amendment to the Development
Agreement. A.J.Welch advised the Council that the Knight Group called and requested this be taken off the
agenda. They will file an application for rezoning with Henry County Planning and Zoning which will be faster
than changing the Development Agreement.

Fred Evans made a motion to remove this item from the agenda; W. A. Gardner seconded, and passed
unanimously.

GROUNDWATER EXPLORATION ON MOORE’S PROPERTY – A. J. Welch reminded the Council that the
City had obtained an option to purchase Mr. Moore’s property on Old Conyers Road. The City thought they
had a ground water source there that would be viable for the City. HydroSource, Inc. has completed the
testing and has recommended the City not acquire the property or water rights at this location.

This would authorize the cancellation of the option agreement. Mr. Welch has notified the Moore’s and he
spoke with Bill White and he is going to contract HydroSource to have the well refilled and brought back and
put in operation for the people using it for irrigation purposes.

Steve Moon made a motion to authorize Mayor Kelley to sign the termination of the option agreement;
Fletcher Turner seconded and passed unanimously.

GEORGIA DEPARTMENT OF TRANSPORTATION LOCAL ASSISTANCE ROAD PROGRAM (LARP)
Mayor Kelley advised the Council that in order to get streets resurfaced under this program it is necessary to
execute the Certificate of Ownership and Agreement to resurface four (4) streets totaling approximate 1.50
miles. These streets are: Oakland/Mann, Tramore Court and Tramore Drive and Shields Road.

Fred Evans made a motion to authorize Mayor Kelley to execute the Certificate of Ownership and Agreement
to resurface four streets; Fletcher Turner seconded, and passed unanimously.
K & C FAMILY RESTAURANT, CAROLYN AKEY, OWNER, 5627 NORTH HENRY BOULEVARD
(FORMERLY GRITS) Mayor Kelley advised the Council that K & C Family Restaurant failed all inspections,
and presently has no permit to operate. This is for Council information, no action required at this time.

CHICK-FIL-A LPGA GOLF TOURNAMENT – Mayor Kelley informed the Council that the LPGA Golf
Tournament will be held May 9-15, 2005. They are requesting VIP parking on the east side of Village
Business Parkway. Ted Strickland reported that he went to the location and watched the traffic and noticed
there are several building sites toward Country Club Drive on the left side. He noticed cement trucks and
other construction equipment going in and out and they are constructing a building on the lower end on the
right side. He believes it would be unsafe parking on this street and is not in the best interest for the City to
allow parking on this street.

Mayor Kelley said this is the street that runs off Eagle’s Landing Parkway to Country Club Drive beside
Kentucky Fried Chicken restaurant where all the new buildings are being constructed. Mr.Strickland told the
Council there is not much parking on the street because you have to leave room for vehicles to get in and
out of the driveways. Mayor Kelley recommended that the City get with the Chick-Fil-A Committee and come
up with a better place.

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

PROPOSAL FOR STORM WATER POLLUTION PREVENTION PLAN AGREEMENT – Mayor Kelley
advised the Council that Kathy Stege, Stantec informed Mr. Strickland that EPD requires Storm Water
Pollution Prevention Plans for both the City’s wastewater treatment facility and the City shop. Stantec will
prepare these plans for $2,800.00.

Harold Cochran made a motion to hire Kathy Stege, Stantec to prepare plans; Fred Evans seconded and
passed unanimously.

BIDS: Ted Strickland advised the Council that the City has received the following bids to remove trees,
demolish and haul off house at 126 Burke Street:

Gibby and Brinson $ 4,450.00 **

Draco $11,250.00
Bunn Grading Co. $15,000.00

Fred Evans made a motion to accept bid from Gibby and Brinson for $4,450.00; Harold Cochran seconded,
and passed unanimously.

BIDS: Ted Strickland advised the Council that the City has received the following bids to remove two (2)
dead trees and stumps at City Hall:

Milam’s Tree Service, Inc. $ 1,150.00**

Lumberjack Tree Service $ 1,500.00

Rowe Tree Service $1,975.00

Fred Evans made a motion to accept bid from Milam’s Tree Service for $1,150.00; Harold Cochran seconded,
and passed unanimously.

MOZELL MITCHELL was not scheduled to be heard at this meeting. She failed to renew her occupational
tax license and alcohol license on January 1, 2005 for the Stockbridge Billiard Center and ignored past due
notices. It was also noted that she failed to file monthly statements regarding the ratio of beer served and
the amount received for other services. She was told by the City Hall staff that she would be heard at the
April, 2005 meeting.

A. J. Welch advised the Council that this issue cannot be heard because a citation was issued for operating
a business inappropriately and with the proper license and it must to the court for a decision and then they
must start all over and make application for licenses. They must be in full compliance with all the regulations
of the City dealing that type of business when you make a new application. There is nothing the Council can
consider at this meeting.
EXECUTIVE SESSION

Harold Cochran made a motion to go into Executive Session for the purpose potential litigation, land
acquisition and personnel matters; Fred Evans seconded and passed unanimously.

Harold Cochran made a motion to close Executive Session; W. A. Gardner seconded, and passed
unanimously.

Harold Cochran made a motion to reconvene Regular Session; Steve Moon seconded, and passed
unanimously.

PLAYGROUND EQUIPMENT – Councilman Evans explained that he was corralled by twenty (20) women
at the elementary school. They wanted to know if there was any way to put more playground equipment in
the parks for the smaller children. The City parks have equipment for the older children but nothing for the
pre-school age children.

Mayor Kelley suggested Councilman Evans get with Ted Strickland and a few of the women and present
some ideas and bring it back to the Council next month.

A. J. Welch advised the Council there is a specific playground for certain age children. You put them in
separate areas rather than mixing the playgrounds.

Harold Cochran made a motion to adjourn; Fred Evans seconded, and passed unanimously. Meeting
adjourned at 8:15 P. M.

Respectfully submitted,

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