---
date: 2009-09-14
title: September 14, 2009 Minutes
source: 2009-09/2009-09-14_September 14, 2009_Minutes.pdf
pages: 1
---

September 14, 2009

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA SEPTEMBER 14, 2009

The Regular Meeting of the Stockbridge City Council was held on September 14, 2009 at 6:00 P.M.
Mayor Rudy Kelley presided and members present were Fred Evans, Vernon Moss, Kathryn Gilbert and
Shirley Dabney. Harold Cochran was absent due to illness.

Fred Evans made a motion to convene; Kathryn Gilbert seconded, and motion carried.

Kathryn Gilbert gave the invocation.

Fred Evans made a motion to approve minutes of the August 17, 2009 Council Meeting; Kathryn Gilbert
seconded, and motion carried.

Mayor Kelley welcomed guests.

RESOLUTION – GAYE BURTON – Mayor Kelley advised the Council that he recommends appointing
Gaye Burton to the Urban Redevelopment Agency to replace Vernon Moss. A. J. Welch advised the
Council that he has prepared a resolution that appoints Gaye Burton to the Urban Redevelopment Agency.
The Resolution has been prepared and it would take a motion and favorable count from the Mayor and
Council in order to confirm the appointment and is the recommendation of staff.

Councilwoman Gilbert asked if there is any time for discussion on this Resolution. Mr. Welch responded
that it would require a motion and second and then discussion.

Fred Evans made a motion to approve Gaye Burton to serve on the Urban Redevelopment Agency; Vernon
Moss seconded.

Councilwoman Gilbert advised the Council that she has a couple of questions. She stated that she would
like to know for the benefit of the people that are here tonight, exactly what is the function of the Urban
Redevelopment Agency. A. J. Welch responded that the Urban Redevelopment Agency was appointed by
the Mayor and Council to develop a plan for the redevelopment of the area that the City Hall is now sitting,
property adjacent to City Hall, the parking lot and the property directly across the road from City Hall and
all of that was for the Agency to make recommendations to the Mayor and City Council concerning the
development of the town center. They were also formed for the purpose of creating a method by which
monies would be borrowed to build this facility and other facilities.

Councilwoman Gilbert said she understands that they have the ability to encumber the City for long term
bonding for things of that nature that the Council would not be able to do, is that correct. Mr. Welch
responded that is incorrect. The Mayor and Council have to ratify what the agency does as far as borrowing
the funds. The Agency is the one that borrows the funds on behalf of the City and the City stays liable for
the funds.

Councilwoman Gilbert asked what the term of office is for an appointee. Mr. Welch responded it is four (4)
years. She will be serving the unexpired term of Vernon Moss.

Councilwoman Gilbert asked if there are any specific qualifications for this position. There are none
prescribed by law other than they are a resident of the City and over the age of eighteen (18).
Councilwoman Gilbert asked is there a training requirement for an appointment to this body. Mr. Welch
responded there is none and as you know, City Council persons are required by law to go through a training
process but there is none specified by law but they do go through an indoctrination where all the members
are brought up to date as to what has occurred in the Agency from the beginning to the end and what are
their duties and responsibilities. That is normally conducted by Mr. Welch and Ms. Brown, Clerk of the
URA.

Councilwoman Gilbert asked if there is training similar to the Downtown Development Authority
requirement. Mr. Welch responded “no mam”.

Mayor Kelley stated there is a motion and a second on the floor and asked for a vote and the motion carried.

Mr. Welch announced that Ms. Burton will have to take an oath and it will be administered to her at the next
meeting of the authority.

KAYSE MCCANNE, 8920 WILKERSON ROAD – requested permission to collect funds on Eagles Landing
Parkway and Rock Quarry Road intersection for husband, Joseph McCanne. Mr. McCanne has cystic
fibrosis and needs a lung transplant. Mayor Kelley stated that this intersection is one of the busiest in the
City and we have an ordinance against collecting in the streets. Mayor Kelley asked the Council if they
have any questions. Councilman Moss asked if she has looked at any other area. Ms. McCanne said the
reason why they are considering that area is because there is a very wide median and they would not have
to stand in the middle of the road on the yellow line to get to the drivers.

Councilwoman Gilbert asked how long they are planning on doing this. Ms. McCanne said they have not
planned any amount of time; they just want to make sure they go through the right process to get permission
to do it. Councilwoman Gilbert asked who is involved in the collection process. Ms. McCanne responded
her family members.

Councilman Evans said he checked with the Police Department today and that intersection is number two
(2) on the list as far as accidents go.

Mayor Kelley said the largest problem he can see is if the Council gives permission and something happens
would the City be liable. Mr. Welch said there are two (2) problems one is the Council would have to amend
the existing ordinance to authorize the use of City roadways for the purpose of collection on a case by case
basis. The second thing is it always raises questions as to whether or not the City creates liability for itself
when it does that. He cannot give a guarantee that the City would not be held liable or drawn into a lawsuit
as the result of someone using the intersection for that purpose.

Councilwoman Gilbert said she is concerned that the City would be setting a precedent that would possibly
create problems for us further down the road. Mr. Welch said that is what happens when you do it on a
case by case basis. Someone is going to think they were not treated properly if they don’t get the permit
and he hopes Ms. McCanne understands the City’s position.

Mayor Kelley said if they want to collect on WalMart, Target or other businesses they will
have to get permission from WalMart or whoever to use their parking lot, that will be between you and those
businesses. Mr. Welch added that McDonald’s has always been accommodating. The hospital has always
been accommodating in that area and of course there is a lot of traffic going in and out of there and he is
sure there are other businesses that allow you to collect funds on their property

Kathryn Gilbert made a motion to deny the request; Shirley Dabney seconded and motion carried.

RESOLUTION/AGREEMENT – S.P.L.O.S.T. – A. J. Welch said the next document is a Resolution that
has been requested by the City of McDonough to amend the existing SPLOST agreement that we have
with Henry County. The requested amendment does not affect the City of Stockbridge in any way but since
we are all parties to the agreement, we all have to sign off on it. Hampton and McDonough have approved
it and it is his recommendation that the Council approve this amendment.

Kathryn Gilbert made a motion to approve the resolution; Fred Evans seconded, and motion carried.

REQUESTS FOR OCCUPATIONAL TAX LICENSE

KEITH A JEFFRIES, 512 MCCAIN CREEK TRAIL – requested a Home Occupation Business License to
operate a “business system installation” Company. Mayor Kelley asked Mr. Jeffries to explain his request.
Mr. Jeffries stated that his home will just be used for his office and computer work. He wants to obtain a
license to run his company. The headquarters will be out of his home. Other than that he is going to do a
lot of commercial and field work. He will install office cubicles, wall partitions and office furniture. Mayor
Kelley advised Mr. Jeffries that he cannot have signs at his house or customers coming or going and this
will be noted on his license.

Councilwoman Gilbert asked if he is in a homeowners association where he lives. Mr. Jeffries responded
“no mam”.

Fred Evans made a motion to approve the request; Kathryn Gilbert seconded, and motion carried.

CHARLOTTE FOWLER, 109 TITAN ROAD – requested a Home Occupation Business License to operate
a trophy and award business. Ms. Fowler said she will engrave plaques, name tags and those sort of
things. She wants to later get into engraving trophies.

Councilwoman Gilbert asked if she is going to be creating these in her home or ordering them from another
business. Ms. Fowler said she going to be creating them in her home. Mayor Kelley asked where Titan
Road is located. Ms. Fowler replied off Flippen and Walt Stephens Road. Mayor Kelley asked if she is in
a subdivision with a home owners association. Ms. Fowler stated that she has a home owners association
in her subdivision which is located across the street from the elementary school.

Councilwoman Gilbert asked if we would need a letter from the home owners association approving Ms.
Fowler’s business. Mr. Welch advised the Council that he believes that Ms. Fowler’s home owners
association does not allow for business operations in the subdivision and the City would need a letter from
the home owners association that says the restrictive covenants do not prevent her from getting a home
occupation license.

Ms. Fowler asked if she needs to get a letter from the home owners association and come back before the
Council.

Fred Evans made a motion to approve subject to the City receiving a letter from the home owners
association on their letterhead; Vernon Moss seconded, and motion carried.

EXECUTIVE SESSION

To consult with legal counsel pertaining to pending or potential litigation and personnel matters.

Fred Evans made a motion to adjourn Regular Meeting; Kathryn Gilbert seconded, and motion carried.

Fred Evans made a motion to convene Executive Session; Vernon Moss seconded, and motion carried.

Kathryn Gilbert made a motion to adjourn the Executive Session; Shirley Dabney seconded, and motion
carried.
Kathryn Gilbert made a motion to reconvene the Regular Meeting; and Shirley Dabney seconded, and
motion carried.

Mayor Kelley advised the Council that the City got a letter from Georgia Environmental Facilities Authority
(GEFA) regarding the GEFA loan for $2,499,900 and a subsidy of $1,666,600. This has been approved
with one more step to go before the City gets this loan and he just wants to inform the Council that it looks
like if nothing happens that we will get this loan and the subsidy of the refund.

Fred Evans made a motion to adjourn; Shirley Dabney seconded, and motion carried. The meeting
adjourned at 7:30 P. M.

Respectfully submitted,

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