---
date: 2009-11-09
title: November 9, 2009 Minutes
source: 2009-11/2009-11-09_November 9, 2009_Minutes.pdf
pages: 1
---

November 9, 2009

STOCKBRIDGE CITY COUNCIL NOVEMBER 9, 2009
HENRY COUNTY, GEORGIA MINUTES

The Regular Meeting of the Stockbridge City Council was held on November 9, 2009 at 6:00 P. M. Mayor
R. G. Kelley presided. Members present were Harold Cochran, Fred Evans, Vernon Moss, Kathryn Gilbert,
and Shirley Dabney.

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

Kathryn Gilbert gave the invocation.

Fred Evans made a motion to approve minutes of the October 12, 2009 Council Meeting; Harold Cochran
seconded, and passed unanimously

Fred Evans made a motion to approve the minutes of the October 23, 2009 Special Council Meeting; Harold
Cochran seconded, and passed unanimously.

Mayor Kelley welcomed guests.

URBAN REDEVELOPMENT AGENCY CAPITAL BUDGET AMENDMENT 2009 HEARING - Mayor Kelley
asked if anyone has any comments about the proposed budget. The proposed budget will be approved at
the December 14, 2009 Council Meeting.

Councilwoman Gilbert stated that at the last meeting they talked about some bonding capacity that the City
was going to turn back into the bonding company. Nancy Brown, Finance Director, advised that $9,500,000
has already been returned back to the Bonding Company.

Mark Meeks asked if the proposed budget figures are available to the public. Nancy Brown stated she had
a synopsis of the budget if he would like to have a copy.

2010 PROPOSED BUDGET HEARING – Mayor Kelley asked if there are any comments on the 2010
Proposed Budget. The budget is to be adopted at the December 14, 2009 Regular Council Meeting.

FLETCHER TURNER MEDICARE CLAIM SETTLEMENT RESOLUTION – A. J. Welch said the first
resolution concerns the Fletcher Turner case. Medicare made a claim against the City for $9,000. Medicare
has been trying to make the City pay Mr. Turner’s outstanding medical charges and the City has gone
through extensive work to get that matter resolved. Now we are down to $28.74 and he recommends the
Council authorize payment of the $28.74 to close this case out. Mr. Welch requested that the Council adopt
a resolution authorizing Mayor Kelley to approve and execute what documents are necessary and authorize
the Clerk to pay the $28.74.

Councilwoman Gilbert made a motion to approve paying Medicare $28.74; Fred Evans seconded, and
passed unanimously.
JOHNSON LANDSCAPING - COS DOWNTOWN PEDESTRIAN IMPROVEMENT – East Atlanta Road
(STP-0006-00(278) P.I. #0006278. Agreement to follow at later date.
(This item was skipped and appears later in the minutes.)
NORFOLK SOUTHERN RAILROAD LEASE ON BERRY STREET – A. J. Welch advised the Council that
he has determined that Henry County does not have an easement or a lease on any portion of Berry Street.
The City of Stockbridge does have a beautification easement with Norfolk Southern. Norfolk Southern will
provide the City of Stockbridge with a copy of the agreement and Terry Knight has made copies of all of
the “stuff” stored on their right-of-way. Some of the items are contractor’s materials and other items belong
to Norfolk Southern Railway. Mr. Welch was put in touch with the person who makes those decisions.
They had an extensive conference about moving to another location. The City will provide the documents
and he has assured us that he is going to do what they can to help us beautify that area as soon as we get
our plans together. We are to submit the plans for the beautification to Norfolk Southern and they will work
with us to not only use the existing easement we have and possibly increase it where we can create some
parking and some other amenities that the City may want to put in. Mr. Strickland and Mr. Welch have
discussed this with Jack Burnside and the ball is now in his court to finish up the documents. No action
taken.

“PENALTIES FOR USE OF ILLEGAL DRUGS OR REFUSAL TO SUBMIT TO DRUG TEST”
ORDINANCE – Mr. Welch said this is to bring the City’s Drug Test Ordinance up to date and recommend
the Council approve at this meeting. This will amend Title 2, Section 2.24.040 of the City Code.

Fred Evans made a motion to approve amending the ordinance to prohibit the use of illegal drugs and/or
refusal to submit to drug test; Kathryn Gilbert seconded, and passed unanimously.

WOLVERTON & ASSOCIATES EAST BYPASS RESOLUTION (between Rock Quarry Road and Valley
Hill Road) – Mr. Welch advised the Council that the City has a contract with Wolverton concerning preparing
the engineering drawings for the east bypass. He had an extensive meeting with Wolverton and the County
today to coordinate the County’s efforts on Rock Quarry Road concerning the building of the bridge across
the railroad tracks and the City’s effort to build the connector between Valley Hill and Highway 138. The
plans are in substantial form. The Council has already approved an agreement with Norfolk Southern
concerning the review of the plans on the improvement at Valley Hill Road and East Atlanta Road.
Wolverton is requesting that there be an amendment to their contract to go ahead and provide the City with
the plats of survey for the acquisition of the property that the City will need for the rights-of-way. Mr. Welch
recommends that the Council approve the amendment tonight so they can go ahead and prepare the rights-
of-way deeds based upon the County’s request for 100 foot right of way and easement for the construction
of the road. The City has originally planned for eighty (80’) and Henry County says we need one hundred
feet (100’) so we can acquire Georgia Department of Transportation assistance in this matter. The Georgia
DOT is changing their rules and procedures on the disbursement of funds for these types of projects. If the
City can go ahead and get the plans finalized and get the rights-of-way acquired before July 1, 2010 we will
stand a better chance of getting funds from the state. July 1 is when they are going to have their new
regulations in place. Mr. Welch strongly recommends approval today so they can get the rights-of-way
easements and documents so we can start acquiring the rights-of-way.

Kathryn Gilbert made the motion to execute the amended agreement with Wolverton and Associates, Fred
Evans seconded, passed unanimously.

STEVENSON & PALMER AC WATER MAIN REPLACEMENT AMENDMENT
RESOLUTION/AGREEMENT – A. J. Welch stated that this is an agreement with Stevenson and Palmer
Engineering. This is an amendment to the existing agreement with Stevenson and Palmer concerning the
AC water main replacement. Bill White asked to comment on this particular amendment.

Mr. White stated he has a few comments to update the Council on this project. This project is under the
American Recovery Reimbursement Act (ARRA) for Stimulus Funding. Forty (40%) percent is grant. We
asked for more money than we need. When we first put in for the project we thought it was thirty-seven
thousand feet (37,000’) of water pipe and we used bid prices from 12 or 18 months ago when the bid prices
were fairly high. As we got into design there was only twenty seven thousand feet (27,000’) and the bid
prices came in very low, super low so we were able to identify other water main segments throughout the
town that the City needed for looping to increase pressure and other segments of deteriorating water mains.
We were able to add nineteen thousand feet (19,000’) of water main to the twenty-seven thousand feet
(27,000’) originally bid and we still have money left over so we can give back one million two hundred thirty
thousand ($1, 230,000) to GEFA and they will take the money and give it to some of the City’s neighboring
cities and counties for their stimulus projects who are on the waiting list. The purpose of this amendment
is to allow Stevenson and Palmer to do the engineering of the nineteen thousand feet (19,000’) that has
been identified. The loan agreement will leave their office Thursday November 11, 2009 and the pre-
construction conference is scheduled for Wednesday, November 18, 2009. The project is moving forward
and they are trying to get the paper work caught up with it.

Kathryn Gilbert made a motion to amend the agreement for the water main replacement; Shirley Dabney
seconded, and passed unanimously.

STEVENSON & PALMER WASTEWATER TREATMENT FACILITY AMENDMENT
RESOLUTION/AGREEMENT – Mr. Welch advised the Council that Stevenson and Palmer have agreed to
go forward with the completion of the plans in final form, submit them to the Environmental Protection
Division (EPD) and take what action is necessary to get the permit issued for the wastewater treatment
plant. Once the permit is issued, it will be good for a period of five (5) years. EPD has agreed, if there is
any change in regulations or requirements by EPD, to revise the plans at any time between that five (5)
year periods from the date that the permit is issued for five (5) years after that they will amend the plans at
no additional cost except for the tertiary treatment portion of the plant. Stevenson and Palmer have also
agreed to pay General Electric (GE) the funds that are necessary to get the information from GE to finalize
the plans. If the City decides to use a GE product when the contract is issued to build the facility, they will
seek to obtain a credit for the amount Stevenson and Palmer is paying to GE on the amount that the City
would ultimately have to pay GE to get a new set of documents.

Since the City does not know when we will build the facility, it has been agreed by Stevenson and Palmer
that they will, at no additional cost, research to determine whether or not there is a better and more up-to-
date tertiary treatment facility available. If there is, then we would not use GE but we would use the new
updated filtering system and we would pay the cost to Stevenson and Palmer to amend the plans only for
that filtration system. We discussed this at the last Council Meeting and Mayor Kelley thanked Bill White
for working with Ted Strickland to get this put together and by doing this the City has a permit in hand. The
City can build the facility when needed without losing the monies the City has expended for engineering
services to date. Mr. Welch recommends that the City approve the amendment to the agreement with
Stevenson and Palmer by Resolution and a copy is attached. Bill White has delivered his signed portions
of the agreement and the Council will be authorizing the Mayor and Clerk to sign the agreement if the
Council decides to go forward with it.

Fred Evans made a motion to approve Stevenson and Palmer to complete the plans for the wastewater
treatment plant to get the permit that will be good for five (5) years; Harold Cochran seconded, and passed
unanimously.

VULCAN LANDS AND CITY OF STOCKBRIDGE STORMWATER MANAGEMENT FEES AMENDMENT
RESOLUTION/AGREEMENT – A. J. Welch reminded the Council that this deals with the stormwater
management fees. A Number of years ago, Vulcan Materials sued the City over the methodology that we
used to calculate stormwater fees. They finally agreed that we used the correct methodology. Staff set up
a settlement agreement to that effect. That agreement is expiring. Arcadis Engineering is in charge of
stormwater management and they recommend the existing agreement be extended on a year by year basis.
He has talked with Vulcan’s representatives and they agree with him. Mr. Welch has prepared a resolution
that extends the agreement the City presently has with Vulcan on a year to year basis. The City will have
to give a thirty (30) day notice if the Council decides to terminate. Staff recommends the Council approve.

Fred Evans made a motion to approve extending the existing agreement with Vulcan Materials; Harold
Cochran seconded, and passed unanimously.
JOHNSON LANDSCAPING – CITY OF STOCKBRIDGE DOWNTOWN PEDESTRIAN IMPROVEMENTS
– East Atlanta Road (STP-0006-00(278) P.I. #0006278. Mr. Welch advised the Council that Jack Burnside
has notified us that Johnson Landscaping, Inc. was the low bidder for the landscaping and they have sent
in the contracts and the payment for the performance bonds. The contracts are on Georgia Department of
Transportation forms and they are not the normal forms he recommends the City use. Mr. Burnside says
it will confuse things with the State DOT if we don’t use their documents. Mr. Welch reluctantly recommends
that the Council approve the State DOT forms since they are contributing substantially to this project. They
are ready and he recommends the Council approve executing the State DOT forms.

Kathryn Gilbert made a motion to authorize the Mayor and Clerk to execute the Georgia DOT forms; Fred
Evans seconded, and passed unanimously.

SHELIA K. BRADLEY, 407 SAGE COURT – Mayor Kelley said Mrs. Bradley requested permission to
petition the Council to change water cutoff procedures. Mrs. Bradley said her water has been cut off twice.
The only notice that she has is on her water bill. Could the City do a courtesy call, post card or letter? It
would be easy for a programmer to send a letter to people who are in danger of having their water cutoff.
Mr. Welch said he will check the ordinance to determine the proper procedure for water cut off. No action
was taken.

REQUESTS FOR OCCUPATIONAL TAX LICENSE

ANGIE MOORE, 4340 NORTH HENRY BLVD – Mayor Kelley said Ms. Moore is requesting an
occupational business license for indoor teen recreation center.

Ms. Moore stated that her idea is to have pool tables, video game systems and music. She will not provide
real food but just snacks. A place where young adults can congregate under supervision and not be kicked
out of parking lots, restaurants, grocery stores, and shopping centers. For the last several months she has
spoken with a lot of teens and parents. She has gone to places she hasn’t been to in twenty (20) years to
try to get information on what these kids are looking for. On Friday nights parents go to grocery stores and
there are kids playing games on who can find the price first. There is no place they can go. You can only
see so many movies and then what else do they have? Most teens do not want to roller skate or bowl.
You will see kids parked behind buildings that are closed for the evening hoping that police officers are not
driving in the parking lot looking. They are congregating in these places because they have no place to
congregate. Her husband is a DeKalb County police officer and is currently in Iraq and he is one hundred
percent (100%) behind her and most of his calls are not about kids fighting. It’s about congregating in
places where they are not allowed because there is no place for them to go. There are “parents out of
town” so let’s go over there. Then they are busted because a neighbor has called the police. She just
wants to provide a safe supervised location with activities. She wants to have video game systems, not
arcade games. She has already spoken to Henry County police officers. There will be two (2) uniformed
officers outside as well as security inside.

Councilwoman Dabney asked what the age range will be. Ms. Moore responded sixteen (16) to twenty
(20). These will be kids that can drive, go places, and have jobs and money to spend but nowhere to go.

Councilwoman Gilbert asked what credentials does she have from the standpoint of chaperoning or does
she plan on hiring chaperones. Ms. Moore responded that that would be indoor security. Her husband will
also be involved. He will be the indoor security and knows many off duty officers from DeKalb County.
Obviously they cannot be uniformed officers outside the location but inside as employee capacity. As far
as credentials go, she has three (3) children of her own and in the summer she practically run a half-way
house for latchkey kids. She is involved with all middle and elementary school activities. She was voted
on school council and she did not even run for it and the school called and asked if she would consider
being on the ballot because she is constantly involved with what’s going on. Her neighborhood kids come
to her house. She bought a TV for her garage so kids could bring their video game systems and play in
her garage. She has a refrigerator that she stocked with food because these kids were at her house all the
time. Parents still have to work and you wouldn’t think that 15, 16, and 18 year olds would hang out in
some lady’s garage but when there is no place to go and the options are slim, what do you do?

Councilwoman Gilbert asked what hours is she planning to operate. She fully intends to comply with the
City ordinances for that age group, initially 8:00 P.M. to 12:00 A. M. If the ordinances are different, she
would have to comply with the ordinance. Councilwoman Gilbert asked how many days a week. Ms. Moore
replied four (4) days. Thursday through Sunday.

Mayor Kelley asked where is 4340 North Henry Boulevard. The response was Brookland Pavilion next to
the City Cemetery. Mayor Kelley asked if this location is near a residential area where the music would
disturb the residents. Ms. Moore responded that there is no residential area at all. Previously it was an
indoor skate park.

Mr. Strickland pointed out that this is a very isolated area and it will take supervision in the parking lot or
she will have drug sales and other problems and she needs to be aware of that upfront. Councilwoman
Gilbert reiterated if she plans to have off duty police patrol. Ms. Moore stated that with her husband being
involved he would not allow her to do it any other way. When she is open she will have off duty uniformed
patrol. She responded yes.

Mr. Welch asked if she plans to have pool tables. She responded yes. Mr. Welch said there is a billiard
ordinance and she will need to look closely at that because she can only have pool tables under certain
rules and regulations. The City will have to look at that. Ms. Moore can come up with another table activity.
She does not necessarily have to have pool tables but she knows that kids like to play pool. There are
other games she can put in such as ping pong. Mr. Welch explained that the only thing he is trying to do is
shortcut it for her.

Mr. Welch explained to the Council that what she should do is get a drawing put together with a lay out and
a list of what she is going to have in the facility and let the Council look at it to make sure it’s not going to
be in violation of a City ordinance. Ms. Moore asked if there is any way she can get a copy of the ordinances
so she can follow them from the beginning. Mr. Welch responded that the ordinances are all on line.

Councilwoman Gilbert said she could go to the City website and find all of the City ordinances.

Mayor Kelley said it can be approved subject to A. J. Welch reviewing the ordinance and make sure
everything is in order. Mr. Welch said they need to get the plans together and file them with the City and
the City can start the process and she can check the ordinances to make sure we will not have any
violations.

Councilwoman Gilbert said she thinks it is great that she wants to do something for the kids. Ms. Moore
said she would like to add that she also wants to give back to the community so she has planned for a
canned food drive. She plans things like a dollar off admission if you bring a can of food. Anything that will
help them. They just have to open up the pantry and take something out. She is community oriented and
as a matter of fact she just has so many ideas and ways to give back and believe it or not, these kids want
to give back too. They aren’t given a fair shake.

Mayor Kelley asked when she plans to open. Ms. Moore said she has her funding and everything already
in line and just waiting for the O.K. to go ahead. She has her check list from Wynonia Williams,
Occupational Tax Clerk, for everything she needs to do. She has her background check and several people
who will be working for her already have their background checks. They haven’t paid the fee yet but have
the paper work ready to go.
Mr. Welch asked if there is an alcohol sales place within 300 feet of the building. If there is, they will have
to measure and locate it on a map. It was determined that there is not an alcohol sales location within 300
feet of the building.

Fred Evans made a motion to approve subject to Ms. Moore providing the plans and documents required
by ordinance; Shirley Dabney seconded, and passed unanimously.

Councilwoman Gilbert made a motion to adjourn; Fred Evans seconded and approved unanimously.
Meeting adjourned at 7:40 P.M.

Respectfully submitted,

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