---
date: 2006-08-14
title: August 14, 2006 Minutes
source: 2006-08/2006-08-14_August 14, 2006_Minutes.pdf
pages: 1
---

August 14, 2006

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA AUGUST 14, 2006

The Regular Meeting of the Stockbridge City Council was held on August 14, 2006 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.

Harold Cochran made a motion to approve minutes of July 10, 2006 Stockbridge City Council Meeting; Fred
Evans seconded and passed unanimously.

Mayor Kelley welcomed guests.

ANNOUNCEMENTS:

Aqua-Aerobic Systems, Inc. has identified the City of Stockbridge and its Stephen D. Peurifoy Wastewater
Treatment Plant as recipients of the Outstanding Aqua Plant Performance award for 2005. This award is
given to wastewater treatment plants that achieve superior, consistent effluent quality throughout the entire
year. Only a select few wastewater treatment plants across the nation attain this well-deserved honor. Award
was presented by Stuart F. Humphries, Aqua-Aerobic Systems, Inc. of Rockford, Illinois.

Proclamation to proclaim September 23, 2006 as KIDS DAY AMERICA/INTERNATIONAL in Stockbridge,
Georgia.

PLANNING AND ZONING
CAPITAL IMPROVEMENTS ELEMENT AND SHORT TERM WORK PROGRAM RESOLUTION. Julius
Ross, Henry County Planning and Zoning presented a resolution to adopt the Short Term Work Program and
Capital Improvements Element of the Comprehensive Plan. This plan was submitted to the Atlanta Regional
Commission and the Department of Community Affairs and was found to be consistent with the Planning Act
and in compliance with the law. This will extend the City’s Qualified Local Government status once the
adoption resolution has been signed and transmitted back to the ARC.

Mayor Kelley asked if there were any questions. There were no questions and Mayor Kelley asked for a vote
on the matter.

Fred Evans made a motion to approve the resolution; Steve Moon seconded, and passed unanimously.

ANNEXATIONS

R&G DEVELOPMENT OF STOCKBRIDGE, GEORGIA requested annexation of parcel 012-02013000
located at 3020 Hwy 138. Property consist of approximately 2.4 acres and is located in Land Lot 42 of the
12th District and is zoned RA (Residential Agricultural).

Fred Evans made a motion to approve the request for annexation; Leila Turner seconded, and passed
unanimously.

Fred Evans made a motion that zoning will remain R-2; Steve Moon seconded, and passed unanimously.

ROBERT D. TORBETT OF McDONOUGH, GEORGIA requested annexation of parcels 071B0200400 and
071B02004001 located at 3965 Jodeco Rd. Property consist of approximately 3 acres and is located in Land
Lot 63 of the 7th District and is zoned R-2 (Single-Family residential).

Fred Evans made a motion toapprove the request for annexation; Harold Cochran seconded, and passed
unanimously.

Fred Evans made a motion that zoning will remain R-2; Harold Cochran seconded, and passed unanimously.
REZONING

WILLIAM Y. BARTON OF JONESBORO, GEORGIA requested a rezoning from RA (Residential
Agricultural) to C-3 (Heavy Commercial) for parcel 031-02014000 located on the south side of Walt Stephens
Road, east of Monarch Village Way, consisting of four (4) acres. The request is for a retail center.

Jessica Clark, Planner with Henry County Planning and Zoning reminded the Council that this request was
heard by the Council on July 10, 2006 and it was tabled. Just to refresh the Council’s memories, the applicant
has submitted a request to the Planning and Zoning Department to rezone four (4) acres on Walt Stephens
Road from RA (Residential/Agricultural) to C-3 (Heavy Commercial) for the development of a commercial
shopping center.

Through the course of this rezoning process the applicant has indicated a willingness to develop the property
for a less intense commercial use such as C-1 (Neighborhood Commercial) or C-2 (General Commercial).
The property is located just north of Monarch Village and Red Oak Elementary School and surrounded by
residential uses; however, there are some commercial uses in the area. There is a commercial node that
has developed on Walt Stephens at the intersection of Flippen Road as well as Blackhall Road. There is
another commercial development that is going to move across the street at the intersection of Walt Stephens
and Brentwood Parkway. The request is inconsistent with the future land use map that designated the
property for high density residential land uses. Planning staff has recommended denial of the request. Also,
the Zoning Advisory board recommended denial on May 11, 2006.

Mayor Kelley stated that the Council discussed this in great detail at the last Council meeting. A.J.Welch
advised the Council that he has prepared a resolution that was presented to the Council at the August
meeting and Mr. Lawrence, the property owner’s attorney was unable to attend that meeting because of a
conflict. Mr. Lawrence has written a letter setting forth their objections. Mr. Welch has gone over the
conditions and they have compromised the conditions that we can live with and his staff is prepared to
recommend the compromised conditions. Mr. Welch asked Mr. Lawrence if there are any changes in the
compromised conditions that are not acceptable.

Mr. Lawrence addressed the Mayor and Council thanking them for continuing the matter from the last
meeting. He has reviewed the proposed conditions with Mr. Barton. They are only concerned with two (2)
conditions. Number five (5) relates to retention ponds that should under ground. Frankly he is unsure
whether this property requires retention ponds. Mr. Welch responded that the property does require
underground retention and all commercial property located in the City has to be underground. Number seven
(7) which limits the sign height to eight (8) feet. Mr. Welch responded that is the ordinance now unless you
get a variance on it. There was a question about Number three (3) which concerns a twenty foot (20’) planted
buffer. They have no objection with that but it has to face Red Oak Elementary but there is Red Oak United
Methodist Church and they have approached Mr. Barton requesting to use Mr. Barton’s parking lot as over
flow parking. They have requested no buffer on that side so that the parking lot would be closer and the
Church could use it. That may be for their benefit and they do not have any objection to the twenty foot (20’)
but they are considering them as their neighbors. Mr. Welch responded that they do not have a resolution
from the church signed off by the congregation and the buffer should be left on the plans until the church
sends a resolution and then they could request a variance then Mr. Barton can do a variance request when
he submits his plans. He can also give the traffic flow of how it going to go but there is still a lot of concern
of having access on the side road going into the subdivision and the school and that is put in that they cannot
get an access on Fairgreen Trail.

Hal Day, Chairman of Board for Monarch Village Homeowners, stated that they have no problem with what
Mr. Barton is planning but they ask the Council not to have an entrance on Fairgreen Trail but let there be
two (2) entrances on Walt Stephens. Fairgreen Trail already has an entrance that goes into the school. The
Council should come out around 6:00 or 7:00 o’clock and see the number of cars that travel Walt Stephens.
Mr. Welch repeated that there will be no access on Fairgreen Trail.

Mr. Welch stated that the recommendation is for a C-2 (General Commercial) with conditions. Councilman
Evans said he thought the request is for a C-3 (Heavy Commercial). Mayor Kelley stated that the request
was changed to C-2 (General Commercial).

Harold Cochran made a motion to approve C-2 (General Commercial) with conditions; Leila Turner seconded,
passed unanimously.

CVS Pharmacy, 2700 Highway 42 North, requested approval of Master Sign Development Plan. A.J.Welch
advised the Council that he had a meeting with CVS Monday a week ago and they have brought the sign
request in compliance with the Ordinance. Once you have taken the directional signs off as counting for sign
space, and they will only have directions, there will be no advertisements such as CVS take a right. It is
purely directional signs with no advertisement on it and then we are within the sign ordinance.

Mr. Welch stated that we have the Master Sign Plan that the County has provided and recommend the
Council approve it tonight.

Mayor Kelley asked if anyone present had anything to say regarding this matter. Mr. Funderburke, Anchor
Sign, representing CVS, stated that he would be glad to answer any questions.

Fred Evans made a motion to approve the Master Sign Plan; Harold Cochran seconded, and passed
unanimously.
WESTSIDE WASTEWATER TRUNK PIPLINE. A. J. Welch informed the Council that this involves the
contract with Stevenson and Palmer Engineers, City Engineers. Mr. Welch has reviewed the contract and
recommends the Council adopt a resolution authorizing the Mayor and Clerk sign the contract on behalf of
the City. Mayor Kelley asked if there are any questions.

Steve Moon made a motion to authorize Mayor Kelley and Clerk to sign contract; W. A. Gardner seconded,
and passed unanimously.

RECYCLING REPORT – Ted Strickland gave an update regarding recycling. At the last Council Meeting
Cynthia Hall requested the City investigate the possibility of the City starting a recycling program. Mr.
Strickland discussed this matter with Cary Melton, Superintendent, as he has researched this matter in the
past. Recycling was put in at the transfer station and it was not kept open very long.

To begin a recycle program would require four (4) or five (5) bins for each household costing $20 to $25 per
bin. You would have to separate the different colored glass, aluminum, metals, etc. If the customer mixes
the recyclable items, the City will have to separate because the recycling companies will not accept anything
that is mixed together. The City will have to purchase trucks and additional employees to pickup the
recyclables. A regular route will have to be scheduled. All of this will be additional expense for the Sanitation
Department causing the sanitation rates to be increased. It is estimated it will cost approximately $250,000
to get the program started.

Mr. Strickland stated that he is going to meet with the Georgia Department of Community Affairs to get a
comparison of what it cost other cities of comparable size. He will get this information and get back with the
Council at that time.

Mayor Kelley stated that one of the problems the City had a few years ago when we had the recycle
dumpsters at the transfer station was people putting all types of trash in and all around the dumpsters and
paid no attention to the instructional signs. That’s the reason the transfer station did away with the recycle
dumpsters. Mayor Kelley told Mr. Strickland that the Council looks forward to a further update.

HENRY COUNTY EMERGENCY MANAGEMENT AGENCY, DON A. ASH, EMA DIRECTOR, introduced
himself to the Council and advised the Council that the Emergency Planning Local Resolution is a document
that is on file with the State of Georgia, Georgia Emergency Management Agency (GEMA) and Homeland
Security which authorizes Mr. Ash to act on behalf of the City in a declared emergency. It has not been
renewed recently but with the changes in mayors in Hampton and McDonough requires a new resolution.
Mr. Welch advised the Council that he prepared a resolution that would authorize the Mayor and Clerk to
sign the resolution the HCEMA has requested. Mayor Kelley said the Council will gladly sign the resolution
and appreciate everything they do for the City residents.

Fred Evans made a motion to adopt the resolution authorizing Mayor Kelley and Clerk to sign the Henry
County Emergency Management Agency Resolution to act on behalf of the City in a declared emergency;
Leila Turner seconded, and passed unanimously.

OCCUPANCY LIMITATIONS IN SINGLE-FAMILY RESIDENTIAL DISTRICTS ORDINANCE – A. J. Welch,
City Attorney, advised the Council that this ordinance is basically something very similar to what Roswell,
Georgia adopted in recent months. There are other cities throughout the state that have this type of
ordinance. It will be put in the City’s zoning, not only as a regular ordinance but as a zoning ordinance, too.
The resolution before the Council tonight authorizes the draft ordinance to be presented to Henry County
Planning and Zoning; go through the process with Henry County to make the ordinance part of the City’s
Zoning Ordinance. If approved tonight Mr. Welch will get it on their agenda and get their comments back for
the October meeting.

Mayor Kelley asked Mr. Welch to explain the basics of this ordinance. Mr. Welch responded that basically
what this ordinance does is prevent several families moving into a single family dwelling. On occasion the
City has found where a house has been bought and you have three (3) or four (4) families to move in and
occupy one residence. This will not prevent the mother-in-law suits commonly called where you have an
addition or you fix up the basement for them to reside with a child. Any addition to a single family home
would have to be reported to the building department for approval but allowing an addition to the home as an
apartment with more then one family to reside there would be prohibited. For the obvious purpose of this is
for the public’s safety.

Mayor Kelley asked if there are any questions regarding this matter. There were no questions so Mayor
Kelley asked for a vote of the Council.

Harold Cochran made a motion to adopt a resolution to authorize Mayor Kelley and Clerk to sign a resolution
authorizing Mr. Welch to forward a draft of the Occupancy Limitations Ordinance for review and approval by
the Henry County Planning and Zoning; W. A. Gardner seconded, and passed unanimously.

LOCAL ASSISTANCE ROAD PROGRAM (LARP) A. J. Welch instructed the Council to adopt a resolution
to authorize Mayor Kelley and Clerk to sign Georgia Department of Transportation Local Assistance Road
Program Certificate of Ownership and Agreement to resurface roads in 2007.
Fred Evans made a motion to adopt the resolution; Harold Cochran seconded, and passed unanimously.

CLARENCE HANCOCK, REX, GEORGIA requested an occupational tax license to operate a game room at
5400 North Henry Boulevard.

Mr. Hancock stated that he has completed the application and furnished the information needed to apply for
a business license at this location.

Mayor Kelley responded that he has been operating for a while without an occupation tax license. Mr.
Hancock was instructed to have a seat while the Council gets a report from Terry Knight, Code Enforcement
Officer.

Terry Knight reported that on May 19, 2006 a call was received from the Henry County Fire Department,
Inspector Wes Hollingsworth, to meet him at 5400 North Henry Boulevard. He requested narcotics to assist.
Mr. Hollingsworth states he found a business operating at 5400 North Henry Boulevard behind a locked door
with a door bell and blacked out windows full of gambling machines and suspicious persons.

Henry County Police Department dispatched Office Hopgood who helped identify the subjects inside the
building. Two of the subjects were sited Mr. Hancock and the father of Mr. Doshi were sited for ten (10)
violations of the City ordinances: No occupational tax license, unlawful operation of billiard room, no building
permit, no billiard pool hall license, unlicensed equipment, no electrical permit, obstructed view, no game
room license, no certificate of occupancy and prohibited gambling devices. Of those ten (10) charges, Mr.
Hancock pleaded guilty to five (5) and was prosecuted on July 28, 2006. Mr. Hancock also presented
documents that appeared in contradiction to the property owner’s management lease. The general lease for
that location provides for no sublease, yet Mr. Hancock provided documents saying that he is a sublease
tenant. Ms. Knight spoke with the property manager at that location, and Amy McKnight and she states that
subleasing is not allowed and Amy McKnight said she has been asked by Dhaval Doshi to rewrite the lease
in the name of Clarence Hancock as Clarence is now a partner. A copy of the lease shows where Clarence
Hancock’s name is Clarence Hopkins. Also at this location Clarence Hancock and another male at this
location were told by the police officer were they aware they had lost their driving privileges for DUI. Both of
the subjects said “yes” yet on that very same day she witnessed both subjects drive away from this location.

Mayor Kelley asked if there were any questions regarding this matter and there were no questions at this
time. Mayor Kelley instructed Mr. Hancock to approach the Council and asked if he was applying for a license
to operate the business and what did he have to say in his defense of charges.
Mr. Hancock responded that he has seen to everything has been taken care of. There will be no one in the
business under 18. The windows were already tinted when they got there. They were just in there painting
and they weren’t operating of nothing but were just working to get the carpet in place and fix the place up
where it’s all nice.

Mr. Welch stated that they have looked at this matter in depth and gone over the respective charges and the
ordinance and is the legal recommendation that the Council deny the request for an occupational license to
Mr. Hancock at this location. He is not in compliance and with the previous violations that he has admitted
to the City should withhold any occupational tax license for this site for this individual.

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

FEED MY PEOPLE, 6045 NORTH HENRY BOULEVARD, GRETCHEN KONAS AND ALLYSON LEWIS –
Mrs. Lewis addressed the Council and brought information explaining their organization. This organization
is three (3) year old organization located in Stockbridge. The foundation began as a small food pantry in a
local church. Through the dedication of volunteers, the support of the community churches and a passion
for the visions, Feed My People was incorporated in 2002. As a multi-cultural and multi-denomination
foundation today the primarily serve Clayton and Henry counties. Their policy is not to refuse any individual
family of need no matter what county. Their passion is to fulfill the role of Christ by meeting the need or
referring their clients to other resources if they are unable to meet the need themselves. Feed My People
uses a holistic approach to reach the disadvantaged. They demonstrate the love of Christ by feeding,
clothing, training and empowering people in need. We service 565 families in the metropolitan area. They
partnership with other food pantries, soup kitchens and other ministries of the same nature. Through their
food pantry, thrift store and intake office they are creating a Christian environment where they can offer hope
and encouragement. During Katrina they were an open door for many families in their greatest time of need.
They continue to support those families. They were able to provide more than food but household items,
bedding, and even furniture. Currently they operate in a 5,000 square foot building inside Stenchcomb Plaza
which is north on Highway 42. They have outgrown the building. The volume of donations from the
community necessitates additional space. To meet this challenge, they have extended their training program
to use that space for warehouse. Training is a vital part of their ministry and they believe that if you encourage
people to learn you help them become better citizens and be productive citizens in their community. After
last week, Washing Mutual signed on as a partner to train their clients to help them in their financial matters.
They are looking closely at helping seniors. The training is being made available to them but they need
additional space to utilize the training functionally for the client. The warehouse space is very limited. The
have new commercial equipment that has recently been donated to the ministry. New vendors are now
seeking them out and their newest vendor is Pepsi. They have Coca-Cola, Sunny Delight and the Farmer’s
Market is their biggest conglomerate of vendors. They need the land adjacent to CVS Pharmacy on Highway
42. They have been working with the realtor and the owner of that land and the proposal if before them right
now. The ever increasing need is vital to Feed My People. There is a definite need for transitional housing
for some of their clients sleep in cars, abandoned buildings and woods. As of Friday, they are proud to say
one of those families they were able to house and get them out of the woods. Even on yesterday, Sunday,
they delivered furniture to a family that was in an apartment but sleeping on the floor. They have an upcoming
fund raiser set for Saturday, September 23 at 4:00 PM to be held at the Merle Manders Center and are asking
the Mayor and Council to support them in that fund raiser and assistance them in making the community
aware of Feed My People in the neighborhood and the county. In closing, you will see a brochure with
information about the speakers for the event. The Council’s invitation is extended and they will graciously
welcome you.

Mayor Kelley expressed his thanks for the invitations.

2006 BID - PIPE REPAIR

Willow Spring Lane to Sage Court

Callaway Grading Inc. 42” Pipe replacement labor only $30,217.50**
1699 North Mt. Carmel Rd Approved low bid
Hampton, GA 30228
with 3 trees-removal-replace
with 3 new trees (4” caliper) $32,767.50

with 3 trees-removal-holding-
maintaining-replanting $35,467.50

W. S. Agee Grading Cont., Inc. 42” Pipe placement labor and $44,000.00
477 Highway 155 North with 3 new trees
McDonough, GA 30253
770 318-5291

Double Grading, Inc. 42” Pipe replacement labor only $51,825.00
3060 Highway 362 with 3 new trees $52,725.00
Williamson, GA 30292
770 227-7073

Fred Evans made a motion to accept low bid of $32,767.50 submitted by Callaway Grading, Inc.; Leila
Turner seconded, and passed unanimously.

Tye Street/Rosenwald Circle Improvements

ISC, Inc.
Base Bid Alternate A (A)TOTAL
$130,472.50 $ 78,647.00 $209,119.50
Base Bid Alternate B (B) TOTAL
$139,472.50 $256,956.70 $387,249.20**
Approved low bid

GS Construction Inc.
Base Bid Alternate A (A) TOTAL
$139,646.25 $ 93,295.00 $232,941.25
Base Bid Alternate B (B)TOTAL
$139,646.25 $271,160.00 $410,806.25

Ekan Construction Co.
Base Bid Alternate A (A)TOTAL
$162,825.00 $115,938.00 $278,763.00
Base Bid Alternate B (B)TOTAL
$162,825.00 $299,310.00 $462,135.00
Blount & Sons
Base Bid Alternate A (A)TOTAL
$165,339.75 $ 69,901.79 $235,241.54
Base Bid Alternate B (B)TOTAL
$165,339.75 $294,078.30 $459,418.05

Kemi Construction Co. Inc.
Base Bid Alternate A (A)TOTAL
$197,575.00 $ 86,808.00 $284,383.00
Base Bid Alternate B (B)TOTAL
$197.575.00 $355,870.00 $553,445.00

JHC Corporation
Base Bid Alternate A (A)TOTAL
$249,200.00 $119,600.00 $368,800.00
Base Bid Alternate B (B)TOTAL
$249,200.00 $376,000.00 $625,200.00

Fred Evans made a motion to accept low bid of $387.249.25 submitted by ICS, Inc.; HaroldCochran
seconded, and passed unanimously.

2006 MILLAGE – Set mills at 3.78 with a local option sales tax rollback of 3.78 with a mill rate of 0. One mill
equals $758,505.

Steve Moon made a motion to set the 2006 millage at 3.78 mills; Leila Turner seconded and passed
unanimously.

Steve Moon made a motion to rollback the 2006 millage at 3.78 mills; Fred Evans seconded, and passed
unanimously.
PROPOSED BUDGET AMENDMENT – These are housekeeping adjustments to the budget for unexpected
increases or decreases in revenues and expenditures. The overall General Fund increase is $537,488. This
will not adversely affect the City’s cash flow which is very good. The SPLOST revenue has been better than
expected and the budget has increased by $376,416 an increase of thirteen percent (13%) over 2005. The
Council each has a copy of the amendments.

Fred Evans made a motion to table the Budget Amendments; Steve Moon seconded, and passed
unanimously.

EXECUTIVE SESSION to discuss pending or potential litigation, acquisition of real estate and personnel
matters.

Harold Cochran made a motion to adjourn regular meeting; Steve Moon seconded, and passed unanimously.

Fred Evans made a motion to go into Executive Session; Leila Turner seconded, and passed unanimously.

Fred Evans made a motion to adjourn Executive Session; Steve Moon seconded, and passed unanimously.

Steve Moon made a motion to adjourn Regular Meeting; Fred Evans seconded, and passed unanimously.
The meeting adjourned at 8:10 P. M.

Respectfully submitted,

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