---
date: 2001-07-09
title: July 9, 2001 Minutes
source: 2001-07/2001-07-09_July 9, 2001_Minutes.pdf
pages: 1
---

July 9, 2001
CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA JULY 9, 2001

The Regular Meeting of the Stockbridge City Council was held on July 9, 2001 at 6:00 P. M.
MayorR.G.Kelley presided and members present were Harold Cochran, Fred Evans, W. A. Gardner,
Ronnie Simmons and Fletcher Turner.

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

Motion was made by Harold Cochran to approve the minutes of the June 11, 2001, June 28, 2001 and July
2, 2001 City Council Meetings; Fred Evans seconded and passed unanimously.

Mayor Kelley welcomed guests.

OLD BUSINESS

ELECTED OFFICIAL SALARY COMPARISON – Councilman Simmons made a salary comparison between
the City and other local municipalities. Based on this comparison Councilman Simmons recommended an
increase for the Mayor from $6,600 to $10,800 annually and for Councilmen from $4,200 to $8,400 annually.

Mayor Kelley asked Bruce Vail, City Attorney to prepare necessary papers for the Council to consider at the
August 13, 2001 Council Meeting.

NEW BUSINESS

CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING AWARD. For the
second year, the City has been notified that the comprehensive annual financial report for the fiscal year
ended December 31, 1999 qualifies for a Certificate of Achievement for Excellence in Financial Reporting.
The Certificate of Achievement is the highest form of recognition in governmental accounting and financial
reporting, and its attainment represents a significant accomplishment by a government and its management.
An Award of Financial Reporting Achievement has been awarded to the individuals designated by the
government as primarily responsible for preparing the award winning Comprehensive Annual Financial
Report (CAFR) Merle Manders, City Clerk and Nancy Brown, Deputy Clerk.

SPLOST – Mayor Kelley advised that the other cities are also reviewing the SPLOST program tonight. At
the last meeting with the County Commissioners the cities voted on a figure and there has been some
adjustments. Mayor Kelley asked the Council to authorize him to negotiate with the County to determine the
distribution of the proposed SPLOST for the September election. There want be much adjustment on the
City’s part but it will avoid calling for additional meetings. At the last meeting the Cities presented a figure of
$19,600,000 for the cities’ share.

W. A. Gardner made a motion to authorize Mayor Kelley to negotiate with the County on the amount and
distribution of SPLOST funds; Fred Evans seconded, and passed unanimously.

OUTBACK STEAKHOUSE, 200 NORTH PARK PLACE is requesting an alcohol license. Application is
complete and complies with Ordinance. Mayor Kelley asked if anyone has any questions regarding this
license. In the past, the staff issued licenses but the Council decided they should take responsibility for
issuing alcohol licenses.

Kirk Stege, Outback Steakhouse gave the Council an update on their construction schedule and they want
to get approval of the alcohol license in advance so that want be a problem when they open. They plan to
open by mid-October.

W. A. Gardner made a motion to approve alcohol license; Ronnie Simmons seconded, passed unanimously.

KNIGHT GROUP INC. RESOLUTION to approve and accept a donation of 26.05 acres on Tye Street
adjacent to and south of Glenn Addy Subdivision. Ted Strickland advised Council that Jay Knight called
several months ago and said he would like to donate this property to the City of Stockbridge. The property
is located on the west side of Tye Street between Glenn Addy Subdivision and Fayette County property. The
City already owns 15 acres across the street and with this property the City might be able to have walking
paths up to Memorial Park. It will also add to the City’s green space.

Ronnie Simmons made a motion to adopt Resolution to accept donation of 26.05 acres and authorize Mayor
Kelley to execute all documents necessary to accept and close the transaction; Fletcher Turner seconded,
and passed unanimously.

WATER RESTRICTION ORDINANCE to allow the City the right to allocate water to the consumer under
specific rules and regulations under the Drought Contingency Plan. Bruce Vail, City Attorney, noted that the
purpose behind this is that the State has announced water use rules and restrictions and when people violate
the rules, the question arises, how is it enforced? The purpose of the Ordinance is to allow that they’re to be
no question that the Henry County Code Enforcement Division can enforce the restrictions.

Ronnie Simmons made a motion to adopt the Ordinance as submitted; Fletcher Turner seconded, and
passed unanimously.
STANTEC CONSULTING SERVICES, INC. recommends the City accept the proposal from Enviroquip
for the aerobic digester and accessories. Ted Strickland explained that Stantec has presented to the City
their proposal to remove and improve the digester for a cost of $244,452.00. Legal staff has reviewed the
proposal and they recommend the Council accept the agreement with Stantec.

Ronnie Simmons made a motion to approve Enviroquip’s proposal of $244,452.00 with proper bonds to be
in place; Harold Cochran seconded, and passed unanimously.

STANTEC CONSULTING SERVICES, INC. recommends the City accept the proposal from Eco-Tech to
provide blowers and accessories for the aerobic digester in the amount of $97,595 for equipment and
construction services.

Ronnie Simmons made a motion to approve Eco-Tech’s proposal of $97,595 with proper bonds to be in
place; Fred Evans seconded, and passed unanimously.

SUSAN KELLER (HGOR) AND JACK BURNSIDE to present the Schematic Design Guidelines for the
streetscape along Highway 138 corridor under the Livable Centers Initiative Program. The City has received
funding under the Transportation Enhancement projects through the Georgia Department of Transportation.

Susan Keller presented the Council with design guidelines for their review over the next few weeks. The
design guidelines include an analysis, which was done through the Livable Center Initiative project. The final
and most critical part is the corridor guidelines. At this time they are partially done and they have already
included some things as far as requirements but are subject to change. It covers a large spectrum from the
sidewalks, bike lanes, lighting, and signage and will be the starting point for guidelines. As more funding
comes into play, the corridor of guidelines will expand accordingly.

The next part of the project is the actual construction project. At this point it will be easier to decide what is
workable within the City of Stockbridge. The graphics show a brief explanation of what is involved in a
Transportation Enhancement program. The first area is the corridor of focus and goes from Walter Way to
Davidson Parkway. The second part of the project goes from Davidson Parkway to Flippen Road, which
includes a proposed sidewalk. The third part is a proposed park with a multi-use trail located across from
Clark Community Park.
In the first part about the corridor focus they have included three alternatives for gateway signage. Ms. Keller
described the three alternative signs.

The second part of this TEA is the sidewalk on the south side of North Henry Boulevard. In keeping with
installing the sidewalk, the next steps will be cleaning up the right-of-way and grassing.

Finally, across Davis Road from Clark Community Park there is a piece of property with a sewerage easement
going through it, making it unusable for anything else and they think it would be a good continuation of a
walking trail for the community.

The cost estimate is rough numbers and will be refined over a period of time. They are halfway through
their survey and once they have all their survey information they will have more accurate information as far
as what grading will be necessary.

Mayor Kelley said the Council would review their design and get back with them if they have any
suggestions.

Jack Burnside said the property donated to the City, the funding for the design and environmental work and
surveys on this project is coming through the transportation plan being considered along with the funding
for the project on South Lee. This is being considered and is not definite yet but the project should begin
some time the first of 2002.

OLD COMMUNITY CENTER. Mayor Kelley advised that the Old Community Center is very dilapidated
and too close to the road and should be demolished. The estimate to remodel is $80,000 and we would
still have the old building setting on the street with no parking. Mayor Kelley suggested to the Council
that the building be taken down and use this area for parking for the new community center.

Fred Evans made a motion to take down the old community center; Ronnie Simmons seconded, and
passed unanimously.

STOCKBRIDGE COMMUNITY CENTER

CHANGE ORDER 15

THERMAL AND MOISTURE PROTECTION…………………………………………….$53,047.00
Furnish and install roofing and sheet metal per plan specifications.

Ronnie Simmons made a motion to approve; Fletcher Turner seconded, and passed unanimously.

CHANGE ORDER 16

WINDOWS, DOORS AND FINISHES……………………………………………………$272,917.00

Furnish and install per plans and specifications gypsum wallboard systems, acoustical ceiling,
windows and doors. Including high grade ceiling tiles.

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

TRUE COLORS ELECTRICAL SERVICE, CHARLES W. AARON, JR., 4659 NORTH HENRY
BOULEVARD. Mr. Aaron completed an application for an occupational tax license to operate a retail lighting
store. Mr. Aaron has not opened his business but has subleased the space to Pastor Todd Davenport, Mt.
Olive Worship Center.

Ted Strickland reported that this Church is operating in a C-2 zoning and it should be in an O-I zoning. There
have been several churches in the last few months that have rented space in C-1 and C-2 without first getting
a variance from the Council and he would like some direction from the Council on how to handle these
matters.

Pastor Todd Davenport addressed the Council and said that Mr. Charles W. Aaron, Jr. leases the building
and allows them to meet three times a week free of charge. Their plans were to meet there for about a year
before they plan to buy property in this area and build a church. They did not realize they were in violation
of City zoning regulations. He understands the fear of non-profit organizations in the City’s retail space
because the tax revenue is important to the City but since Mr. Aaron is operating his business and producing
revenue. If they do have to leave, they request that the City give them at least 30 days. They just put up a
sign last week advertising their service times.

Mayor Kelley suggested the Council table the matter and have Bruce Vail research the matter for the Council
to be able to make the proper decision.
Councilman Simmons pointed out that our Ordinance does not allow Churches to locate on commercial
property and we have granted six-month variances and sometimes an additional six-month extension. The
Churches asking for a variance had property with buildings under construction. Churches will not fit in a
commercial zoning on a permanent basis. Mr. Simmons suggested that the City could consider six-months
and the most it could ever be on an individual basis according to your construction.

Mr. Aaron said that he operates his office at this location. He has not set-up his lighting design business and
that’s all it was going to be and not an off the street type operation where people would purchase lights, etc.
He is and has been an electrician for seventeen years. Last year his business grossed $300,000 in gross
sales. This year he estimates his income at $600,000 and next year should be $1,500,00. This is what he
reported on his business license and he is operating a business at this location and he is not sub-leasing to
the church.

Councilman Simmons said the point that the City is trying to make, if you have a business in town like an
office, and if you say there is going to be a congregation meeting there, then that is going against the
ordinance. The application filed with the City is the use of that building will be strictly for an office.

Mayor Kelley asked if the owners had been consulted? Mr. Aaron said Loran Pierce is the owner and he had
no objections to the church being there while he operates his office at this location.

Bruce Vail stated that he would urge everyone who wishes to use property in the jurisdiction to take an
opportunity to obtain the zoning ordinance, particularly the relevant provisions with the zoning use
classifications that their property enjoys and to take a look at what is permitted and what is not permitted.
The zoning ordinance lists a number of things that can and cannot be done. If someone wants to use property
for a use that is not listed or in a manner that is not listed or permitted, they have the ability to do one of two
things. First, they can seek a rezoning to something more favorable. Secondly, they can seek a variance.
A variance can be granted by this body for a limited period of time under certain conditions as long as the
variance or the use that will be employed is consistent with the rest of the zoning classification and that is
something the Council will have to make a determination on. It is important to understand that the ability to
have zoning rules that are enforceable depends on this body’s consistent enforcement across the board of
its zoning ordinances. It’s not something you can do on a case-by-case basis even in situations where you
would like to help some people for a variety of circumstances, it has to take a look at what is written and do
what its suppose to do. Mayor Kelley asked if this request should come from the owner, Loran Pierce. Bruce
Vail said the owner could appoint them as his agent and they could come before the Council at that point and
time. They need to be familiar with what their zoning use classification is and what’s not permitted and then
seek a variance.

Ronnie Simmons made a motion to table; Harold Cochran seconded, and passed unanimously.
REQUEST OF HOME OCCUPATION LICENSE

ERNEST FRIMPONG, 526 HALLEY WAY – Requesting a home occupation license to provide 24-hour
private home care to 2 or 3 individuals with disability.

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

REBECKA MARSHALL, 164 BAYCOURT DRIVE – Requested a home occupation license for a web design
maintenance business. What she will be doing is to help upkeep existing web sites. Her operation will involve
computer work from her home. Meetings would have to be held away from her residence and no customers
will be allowed to come to her home. No signs will be allowed. Any complaints from the neighbors and the
Council will reconsider her home occupation license.

Ronnie Simmons made a motion to approve as requested with consideration that Mr. Marshall abide by the
ordinance; Fletcher Turner seconded, and passed unanimously.

GABRIEL R. GRIFFITH, 697 DAVIS ROAD – Requested a home occupation license to operate a cleaning
service. Mr. Griffith advised Council that he would operate an office only at his home and no customers will
come to his home as he is never at home for anyone to come by. He will advertise through newspaper
advertisements. No signs, no parking in street, no supplies to be delivered to the home. Mr. Griffith owns a
pick-up truck but plans to purchase a van. The van will be used for carrying cleaning machines, and supplies
for restocking vending machines.

Ted Strickland said he wants to make sure his used cleaning solvents will not be dumped into the sewerage
system because it creates a problem at the treatment plant. It causes the bacteria not to function, as it
should. Mr. Griffith said that should not be a problem because he should not have any solvents to be put into
the sewerage system.

Mayor Kelley asked if he was also in the vending machine business? Mr. Griffith said some of the businesses
have vending machines that he would restock. Councilman Simmons responded that if all of his cleaning
supplies and vending supplies are not contained in the van, there is no way he would vote for approval. If
supplies are kept in an out building, it’s just going to migrate into something larger. If he is self-contained in
the van and not off-load anything in his house or an outbuilding because that would indicate that his business
is already too large for a home occupation and should be occupying a commercial zoning that approves that
type of occupancy.

Mr. Griffith said he has a contract for eight stores and once he has more capital involved, he was planning to
get a place in the proper zoning for his type of business. Councilman Simmons suggested he check with
some of the mini-warehouses to store his supplies. Councilman Simmons said he would approve provided
he is using his house as an office and use his van to come back and forth to work.

Ronnie Simmons made a motion to approve with conditions that Mr. Griffith operate an office as a home
occupation, no customers at the house, no parking in street, no storage facility at this location; Fletcher
Turner seconded; and passed unanimously.

BRENDA S. DOMINGO, 770 DEERWOOD DRIVE, - Requested a home occupation license to operate a
portable cart to sell drinks at special events and festivals. Ms. Domingo will do her business at special events
and trade shows. She will use her home as an office to make phone calls and mailing address. The cart is
4x7 and fits into the garage. Mayor Kelley pointed out that if a license is issued, they will not be allowed to
set-up on City streets to sell their goods. The cart cannot be stored in the yard at any time; it must be stored
in the garage. Councilman Simmons suggested they check into a storage facility to store the cart and their
supplies. Mr. Griffith stated that he has an enclosed trailer where the cart is stored. Mayor Kelley pointed
out that the cart must come and go from their residence and the residents of Windsong will certainly call City
hall and complain.

Councilman Simmons made a motion to approve an office only, that the trailer and supplies will be stored in
a storage facility; Fred Evans seconded, and passed unanimously.

STERLING BENNETT, JR., 1706 EASTWOOD VILLAGE DRIVE – Requested a home occupation license
to operate a roofing business. He would operate only an office at this location and carries on his business
over his telephone. He has eight employees and they are responsible for their own tools. Councilman Evans
asked if he has any shingles or other roofing materials stored at his residence. Mayor Kelley asked if the
employees report to his home to get paid, etc. Mr. Bennett reported that they meet on the job site. He is
required to have a business license from the jurisdiction where his business is located and he needs a license
when operating in other cities. He must show his business license and workers compensation coverage
when he bids a job.

Ronnie Simmons made a motion to approve for an office only; Fred Evans seconded, and passed
unanimously.

TRECIA L. LIBURD 101 THOMPSON BOULEVARD – Requested a home occupation license to sell wearing
apparel and lingerie for Juz Creations. Applicant was not present.

Ronnie Simmons made a motion to deny; Fletcher Turner seconded, and passed unanimously.
Ronnie Simmons made a motion to adjourn; seconded by Fletcher Turner, and passed unanimously. Meeting
adjourned at 7:30 P. M.

Respectfully submitted,

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