---
date: 2005-07-11
title: July 11, 2005 Minutes
source: 2005-07/2005-07-11_July 11, 2005_Minutes.pdf
pages: 1
---

July 11, 2005

CITY OF STOCKBRIDGE JULY 11, 2005
HENRY COUNTY, GEORGIA MINUTES

The Regular Meeting of the Stockbridge City Council was held on July 11, 2005 at 6:00 P. M. Mayor R. G.
Kelley presided and members present were Harold Cochran, Fred Evans, W.A.Gardner, Steve Moon and
Fletcher Turner. Merle Manders, City Clerk was absent and Deputy Clerk, Nancy Brown recorded the
minutes.

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

Minutes of the June 13, 2005 were not approved and will be approved at the August 8, 2005 meeting.

Steve Moon gave the invocation.

Mayor Kelley asked for a motion to go into Executive Session to discuss possible litigation, land acquisition
and personnel matters. Harold Cochran made a motion to go into Executive Session; W. A. Gardner
seconded, and passed unanimously.

Harold Cochran made a motion to close the Executive Session; Fred Evans seconded, and passed
unanimously.

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

Welcome guests.

SOLID WASTE MANAGEMENT PLAN / SHORT TERM WORK PROGRAM – A. J. Welch explained to the
Council that Ted Strickland prepared a Solid Waste Management Plan in conjunction with Henry County
Planning Staff.
The City of Stockbridge submitted a resolution to transmit the Solid Waste Management Plan Short Term
Work Program to the Atlanta Regional Commission for review and comment. The City has been notified that
the draft has been approved and the City may proceed with adopting the Solid Waste Management
Plan/Short Term Work Program by resolution and a copy of the adopted plan forwarded to ARC for their
records. This was tabled at the June 13, 2005 Council Meeting.

Fred Evans made a motion to adopt the Solid Waste Management Plan/Short Term Work Program by
Resolution and send a copy to ARC; W. A. Gardner seconded, and passed unanimously.

MAYOR KELLEY MADE THE FOLLOWING ANNOUNCEMENT: The Certificate of Achievement for
Excellence in Financial Reporting has been awarded to the City of Stockbridge by the Government Finance
Officers Association of the United States and Canada (GFOA) for its comprehensive annual financial report
(CAFR). The Certificate of achievement is the highest form of recognition in the area of governmental
accounting and financial reporting, and its attainment represents a significant accomplishment by a
government and its management. The CAFR has been judged by an impartial panel to meet the high
standards of the program including demonstrating a constructive “spirit of full disclosure” to clearly
communicate its financial story and motivate potential users and user groups to read the CAFR.

Mayor Kelley stated that this is the 6th subsequent year that the City has received this award and most of
the credit has to go to Mrs. Manders and Mrs. Brown. They work hard with the City’s CPA, James Whitaker
of Meeks and Whitaker to prepare the annual audit. He commended Mrs. Manders and Mrs. Brown for the
great job that they do and look forward to doing this again next year.

WILDWIND HOMEOWNERS ASSOCIATION asked to be on the agenda to be brought up to date on what
the City has done regarding the problems they are having with trespassers coming from Memorial Park into
their subdivision. Mayor Kelley asked if anyone was present from Wildwind.

Captain Mac Nale, Henry County Police Department said he understands that a lady at the last Council
Meeting stated that the Police were there when they were needed but there seems to be a disgruntled few in
that subdivision. Since January, 2005 he presented a catalogue of cars that have been tagged that were
illegally parked and/or impounded and/or issued citations to. They have a tremendous parking problem with
people parking in the street which is a violation of the City ordinance. He had with him one hundred and
eighty-two citations. This started back in January and he is up-to-date on his recording as of June 19,
residents are still parking and the Police Department is still writing. He will keep the Council advised.
There were complaints of kids in the neighborhood, the fence being damaged at Memorial Park and they are
trying to handle these problems on normal duty hours, but the Mayor has asked him to put some off duty
officers in the neighborhood and he gave the Council a copy of what each officer has been instructed to do
when they are working that particular detail. It covers everything that needs to be done for park juveniles
and anyone doing damage, etc.

The Police have not had any direct complaints from Glenn Addy Subdivision but they have been included in
the report because four (4) of the burglars they caught came from Glenn Addy. They have asked the
residents to co-operate with the Police Department and most have. One of the instructions on the report is
in reference to juveniles after curfew and another item is looking for suspicious activities at night. He has
several narcotics units that are looking into some things in that area. Capt. Nale said he does not understand
the complaints because they are getting more protection than any neighborhood in the City. The fence is
being damaged and they have even put officers in the park from 9:00 PM to 3:00 AM. They have not had
any reports that the fence is being damaged again but all the kids in the area are telling everyone they know
the Police are there so they probably want damage the fence any more. The president of the homeowners
association calls Capt. McNale approximately once a month and she told him that she is happy and if he can
just stop her daddy from parking in the street.

The log is available for anyone who wishes to review. This special detail has been going since the 17th. He
will be checking with Mr. Strickland to see if he wants to continue the detail.

Capt. Nale advised the Council that this situation is like any other in the County. Henry County is not what it
was ten (10) years ago. Right not if we went to the new radio system because no one has scanners and
officers go from call to call and they have very little time to patrol. Fortunately, Chief Abernathy has gotten
the Commissioners to hire more officers and new cars will be coming in and everything seems to be easing
up a little. They plan to reduce the large zones to create smaller zones to have a better response times.
Right now dispatch has to prioritize calls. The more serious crimes get answered first and the less serious
crimes complain because it takes 20 to 30 minutes to answer their call. Dispatch will have as many as fifteen
(15) to twenty-five (25) calls holding. Hopefully with all the new people things should get better.

Mayor Kelley thanked Capt. Nale for giving the Council an update on the situation in Wildwind.

JANE RUTLEDGE – has requested to be placed on the agenda to ask the Council to reconsider her request
to hang a picture of Foxx Askew, the first Mayor of Stockbridge, in City Hall.

Jane Rutledge failed to appear.
MOZELL MITCHELL, STOCKBRIDGE BILLIARD CENTER, requested a business license to sell beer at
this location. They are presently under construction to add a full kitchen which is a requirement to serve food.
Before an alcohol license can be issued, the City requires a Certificate of Occupancy and Food Permit. The
Mitchell’s want their license to sell beer before these items are issued by Henry County.

Rodney Peppers, General Contractor, said he wanted to get a general idea of what is going on. The Mitchell
want an approval for their license but the issuance of the Certificate of Occupancy from the County has been
approved and they were expecting some inspections last week but due to the storms, the Fire Marshall was
full and they said it would be this week. They are about eight days out from completing the project and the
Mitchell’s are trying to expedite the matter. Mrs. Mitchell has completed all the personal requirements of the
application and the only thing pending was the renovations that are taking place. It is an extensive renovation
and he gave Mrs. Manders a full set of prints as well as the approval letter from the environmental health
where the plans were approved as far as applications being put in. What the Mitchell’s are requesting is that
the Council either approve or deny but not issue until he brings the CO from the Fire Marshall as well as the
Henry County Building Department which is anticipated in about six (6) or seven (7) days. In that way, they
won’t have to wait until the next Council Meeting.

A. J. Welch said the Council can authorize the Clerk to issue the license provided Mrs. Mitchell has met all
the personal requirements and the fiscal requirements and it be inspected to make sure all the requirements
have been met. The Council can authorize the issuance of the license provided the inspections have been
done and completed. The license cannot be issued until all items are completed. Mr. Peppers said he told
Mrs. Manders that as soon as he gets the documents in his hand he will give them to her. He said he actually
gave her the plans, the food permit approval as well as a copy of his business license.

Fred Evans made a motion to issue alcohol license subject to the Certificate of Occupancy and Mrs. Mitchell
meeting the entire requirements of the ordinance; Harold Cochran seconded, and passed unanimously.

RESOLUTION – To approve a Release and Hold Harmless Agreement with Vandalay Bars Industries, LLC
and Mas Development, LLC and to authorize Mayor Kelley to sign agreement. Mr. Welch advised the Council
that Vandalay Bars Industries is constructing a building at Eagle’s Landing and is requesting they be allowed
to start construction. This resolution would authorize the Mayor to execute the Release and Hold Harmless
Agreement so they can get a building permit. They are agreeing not to connect to the sewer facility until the
moratorium is released and recommends the Council authorize the Mayor to sign agreement.

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

ORDINANCE – To amend Park Regulations to prohibit bicycles and tricycles on the walking tracks.
Mr. Welch recommends the Council adopt the amendment to the Park Regulation Ordinance.

Fred Evans made a motion to adopt ordinance amendment; Steve Moon seconded, and passed
unanimously.

ORDINANCE – To amend the speed limit on Mt. Zion Parkway and Speer Road, the part that is located in
the City. The speed limits to be set at 45 miles per hour which is consistent with similar roads and
recommends the Council approve. The existing ordinance lists major streets and their speed limits and this
amendment also states that all other streets or portion of streets located in the city shall have a speed limit
of thirty (30) miles per hour.

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

RESOLUTION – To amend the Urban Redevelopment Resolution. Mr. Welch said to bring the Council up
to date, the Urban Redevelopment Agency for the City has met on three (3) occasions. They have asked all
the property owners that have not entered into agreements with the City to sell their property to come and
make their presentations to the agency as to what they want for their property. We have had several of the
property owners meet with the Agency and others did not respond to the Agency at their request to negotiate
a fair and equal price for their property.

The Agency has asked that they be given the authority to enter into agreements with the property owners
and this be their last effort to resolve. If they are unable to resolve their negotiations with the property owners
be given one last option to determine a purchase price for the property. The recommendation is the City has
already obtained an appraisal; and the property owners should obtain appraisals. If the Agency cannot reach
an agreement with them by August 1, 2005, we ask the property owner to sign the agreement that would say
the Superior Court of Henry County would appoint a third appraiser and the third appraiser would appraise
the property at fair market value. The third appraisal that comes closest to the City; the average of those two
appraisals would then be the price the City would pay for the property. If it’s closer to the property owners
appraisal that the average of those two (2) would be the purchase of that. If the property owners are
agreeable to going on that basis, if they will not sign agreements to that affect, the Agency has gone as far
as it can go toward acquiring the property.

Mayor Kelley said the City has tried to take this property and do something good for the City, the people of
the City and the property owners but we have gotten to be the bad guys in the City as far as the news media
and talk going around the City. Mayor Kelley recommended to the Council and the committee that the Urban
Redevelopment Authority that if we can’t come to an agreement under the conditions that Mr. Welch pointed
out that the City not go through the condemnation process. If we can’t get where the City can do this deal
over there, if we can’t do it, he recommends it be dropped. We would like to see this project go and we would
like to see it go forward but he certainly does not want to be portrayed as taking peoples property against
their will. By law, the City can only pay a certain amount for property, we can’t pay two or three times what
the appraiser say the property is worth. We are going to give them this last shot. We have three or four
pieces of property that are still out there. That is his recommendation and the Council can speak for
themselves.

Councilman Moon said it gets you a little irritated when you know the truth and it doesn’t come out. It gets
you irritated when you try to do something good for the City and you try to help it grow and the possibility of
what can happen and what it can do for the town as a whole. He stated that he is not getting anything out of
it and he would love to see it take off and go. The City has to be fair and honest with people and we have to
be fair in our dealings, we have to be above board but when it just doesn’t turn around and come back to us,
he will just walk away from it and they can have it. If that’s what it takes, he’s not going to take the City down
just for a few. The way he has always looked at it, the truth will come out one day.

Councilman Turner said he would like to see it for the best interest of the people.

Councilman Gardner said he’s sorry the project can’t go ahead and he is hoping it can still go ahead. He is
for the project but the City can’t pay the prices they want. The City cannot even sell the land where the City
can break even. We can’t go ahead with it if we can’t make an agreement but he hopes we can.

Councilman Evans said he believes what the other Councilmen say but the Council has put a lot of time and
work in this project and he hates to see it fall through. Honestly he would rather look like the villain than to
look like the idiot who went out there and gave three times what the property is worth.

Councilman Cochran said he agrees with the other Councilmen.

Mayor Kelley said the Council needs to vote to authorize this and move forward, if it happens and terminate
if it doesn’t. This is about the third time the Council has said this is the last chance and as far as he is
concerned this is it. It’s like Councilman Evans said the Council has put a lot of time and money but this is
it.

Mr. Welch said the motion would be that if the Agency is unable to reach an agreement through their
negotiations with the property owners by August 1, 2005; then the Agency will give the property owners one
last opportunity to sign an agreement where they will be bound by the price that was determined through the
procedure that he announced; they need to get an appraisal, the City has their appraisal and the Superior
Court Judge appoint an impartial appraiser to appraise it a third time. The impartial appraisal will be the
governing appraisal. If the City’s is closer to the impartial appraisal then the property own, then you average
those two and that becomes the price. If closer to the property owner then you average those two and that
becomes the purchase price. The City is stuck with that price and the property owner is stuck with that price.
If the property owners refuse to sign on that basis then the Agency says they have done all they can do and
the Council says the project is over if the City doesn’t get the document signed on those two bases. They
will send out letters to all the property owners saying that.

Steve Moon made the motion to that effect; W. A. Gardner seconded, and passed unanimously.

PAUL McCULLOUGH was not on the agenda but asked if he could have something to say. Mr. McCullough
lives at the intersection of Club Drive and Shields Road. There are two things. One is the weather we are
having and he is still falling apart at the seams back on the creek behind his home. They are still getting too
much water and so is everybody else. It goes on up to the apartments. The holding pond is not working and
Ted Strickland told him before that its private property. He don’t give a flip if it’s private property. It was put
there for a purpose and it’s not helping.

Mr. Welch interrupted and said he will give a little information on this matter. At one time, our regulations
said Henry County was in charge of this. It said that the stormwater retention ponds were responsibility of
the developer and they had to maintain them, etc. That developer is long gone and that pond fell in the gap
between where we changed that to say that the retention ponds will become public and will be maintained
by the public after a certain period of time. Now we have put in Stormwater Management for the City.
Stormwater Management is building fees to the property owners and that money is coming in and being put
in an escrow account. The law says there are certain things that the City has to do based in order of priority
once there are sufficient moneys. The only problem about it is it is going to take several years to generate
enough money for the Stormwater Management to go around and do this. The City has to go in to that
property owner and say convey that to the City where we can maintain it or we are going to have to condemn
that retention pond, go in and dig it out and that will help it a little bit but it’s not going to resolve your problem
completely. You have to remember there was so much built up there before stormwater management came
in that the City cannot make people go back and put in retention facilities. When the law was enacted it goes
forward and it deals with all the development that occurs after that point and time.

Mr. Welch said thirty (30) years from now there will be enough money in there to build stormwater retentions
to catch a lot of the water you are talking about but it’s a long way down the road.

Mayor Kelley said it washed the bridge away in Gardner Park. Mr. McCullough said all the water is coming
from all the building and there if fixing to be more.
Mr. Welch said that last year alone the City took a bath in the amount of money they spent versus the amount
of money they take in for stormwater management. The law requires that you do the study, indexing,
mapping, location, evaluations and the City has to go through all that process before you can go out and
spend the tax payer’s money. The City has good engineers working on it and the City is the only one in the
County that is in full compliance and ahead on stormwater management. Nobody in the County is even close
to where we are.

Mr. McCullough said there is suppose to be some new apartments behind the Q-T Station which will come
down Shield Road and will release more water on them. Mr. Welch said that project is a townhome complex
and they are required to build substantial retention facilities plus the Q-T is required to maintain the facility
they have now. So those are not going away, there is going to be more retention facilities that will pick up
half the QT.

Mr. McCullough asked if anyone knows what the City uses in the park for erosion. It looks like rope mesh.
It would help him tremendously if he could get hold of some of that stuff. Mr. Welch said to let Mr. Strickland
know and he will be in touch with him.

Mr. McCullough said that less than four weeks ago there was four homes burglarized in his neighborhood
and he was not home at the time. The fifth one was across the street from him and it was done in broad
daylight. Mayor Kelley advised Mr. McCullough to have their complaints put in writing and get it back to us
and it will be given to the people in charge.

W. A. Gardner made a motion to adjourn; Fletcher Turner seconded, and passed unanimously. The meeting
adjourned at 6:30 P. M.

Respectfully submitted,

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

The Motion would be that if the Agency is unable to reach an agreement through their negotiations with the
property owners by August 1, then they would give the property owners one last opportunity to sign an
agreement where they would be bound by the price that was determined through the procedure announced
which is they get an appraisal, we already have our appraisal, and the Superior Court Judge would appoint
an impartial appraiser to appraise it the third time. The impartial appraisal would be the governing appraisal.
If ours is closer to the impartial appraisal than the property owners, then you average those two. That
becomes the price. If it is closer to the property owners, then average those two and that becomes the price.
The City is stuck with that price and the property owners are stuck with that price. If the property owners
refuse to sign on that basis, then the Agency says that we have done all we can do, and what you are saying
is the project is over if you don't get the documents signed on those two bases.
