---
date: 2008-07-14
title: July 14, 2008 Minutes
source: 2008-07/2008-07-14_July 14, 2008_Minutes.pdf
pages: 1
---

July 14, 2008

CITY OF STOCKKBRIDGE MINUTES
HENRY COUNTY, GEORGIA JULY 14, 2008

The Regular Meeting of the Stockbridge City Council was held on July 14, 2008 at 6:00 P. M. Mayor R. G.
Kelley presided and members present were Harold Cochran, Shirley Dabney, Fred Evans, W.A.Gardner
and Kathryn Gilbert.

Harold Cochran made a motion to convene; Kathryn Gilbert seconded, and passed unanimously.

Kathryn Gilbert gave the invocation.

Harold Cochran made a motion to approve Minutes of the June 9, 2008 and July 1, 2008 Stockbridge City
Council Meeting; W. A. Gardner seconded, and passed unanimously.

Mayor Kelley welcomed guests.

ANNOUNCEMENT - Mayor Kelley stated that on behalf of the City of Stockbridge Wastewater Treatment
Plant, Brad Holtsinger will accept the 2007 Outstanding AquaSBR Plant Performance Award presented by
Stuart F. Humphries of Crocker & Associates, Inc. This award is given to wastewater treatment plants that
achieve superior, consistent effluent quality throughout the entire year.

Mr. Humphries stated that Crocker & Associates, Inc. represents a company called Aqua-Aerobic of
Rockford, IL. They manufacture the Aqua Sequence Batch Reactor (SBR) which is the heart and soul of the
wastewater treatment plant. He is here again to give another award to the City because the wastewater
treatment plant staff has achieved outstanding AquaSBR and Aqua Filter Plant Performance. Aqua added
several criteria this year to try to narrow down the facilities that might qualify for this award and there are
approximately 1,000 plants around the world. Most of the plants are here in the United States but this year
they instituted some addition criteria and the City again won. He commends the City of Stockbridge and Brad
Holtsinger as to the way the plant is operated. The plant is operating so well and he understands the City is
considering some additional improvements. The way it is operating now it actually needs more restrictive
requirements for the improvements that might be upcoming.
Mr. Humphries stated that he commends the City again and would like to present the awards to the City and
Brad.

Mayor Kelley stated he and Ted Strickland, City Manager, were at their plant several years ago and he will
never forget that trip. The flew into Chicago and had to get another flight to get to their plant. Mayor Kelley
thanked Mr. Humphries for taking the time to come to tonight’s meeting to present the award.

PLANNING AND ZONING

JAY NAVARRO, 396 RIVERPOINT DRIVE, MCDONOUGH – Mayor Kelley stated that Mr. Navarro is
requesting a business license for small repair body shop located at 5645 North Henry Blvd. (aka 5641). There
are some zoning issues associated with this request.

Terry Kight, Code Enforcement Officer for the City of Stockbridge, advised the Council that this property is
zoned C-2. The type of collision repair the applicant has requested requires a C-3 zone.

Mayor Kelley asked if this property has changed hands. Ms. Kight responded that ownership is in the name
of Harp and Deborah J. Jarvis and Robert E. Jarvis out of Anderson, S. C. It’s been that way since 2006 with
no change of record according to the Tax Assessors. The current occupant at that location is Coot’s Auto
Emissions. Emission testing is allowed in a C-2 zone but major automotive repair is not.

Mayor asked exactly where this property is located. Ms. Kight responded that it is located two blocks north
of the old Chevron Station on North Henry Boulevard. Fred Evans stated that it’s the lot Bob Jarvis built
years ago and hauled in debris to fill-in the vacant lot next to his business this side of Daniel Drive.

Mr. Navarro stated the building was designed to be a body shop from the beginning. What he wants to do
there is nothing different than what the building has been used for in the past. There were four (4) other body
shops that were there before Mr. Coot’s took over and made it a repair facility for emissions.

Mayor Kelley stated that when the City annexed that property into the City it was grandfathered as a body
shop. When property changes hands it loses the grandfather status.
A.J.Welch stated that when this property was annexed into the City it was annexed as C-2 because that is
what it was zoned when it was in the County. When they stopped using this location as a body shop it
became a non-conforming use. In order to go to a body shop, you would have to go to a C-3. Mr. Navarro
was instructed to go the Henry County to make application to get that area zoned C-3 to be able to do a body
shop because the non-conforming use of the grandfathered use disappeared when they stopped using it for
that purpose.

Mr. Navarro said that as of right now Mr. Coots is licensed to do small body work which is similar to what he
plans to do. He plans nothing different or out of the ordinary. The only thing is, he does not do very much
business because he does not have the personnel. He stated he is lost at this.

Ms. Kight quoted from the City Ordinance stating it defines what major automotive examples are but is not
limited to transmission, paint, body work, engine overhaul, and radiator repair that is major automotive and
would be prohibited in C-2. The type of work that would be allowed as minor automotive would be but not
limited to tune-up, oil changes, brakes, air-conditioning system servicing and muffler replacement. Ms. Kight
summarized that collision repair, as in his application, would not be allowed in a C-2 zone.

Mr. Navarro asked what his next step is. Mr. Welch advised Mr. Navarro that he would have to go to Henry
County Planning and Zoning in Henry County but the owners of the property are the only ones who can file
the application to rezone the property for a specific use. He will have to go through the zoning process and
they can tell you exactly what you have to do.

Councilwoman Gilbert said she asked Ms. Kight to check the Comprehensive Land Use Plan and the whole
area is perceived to stay as C-2 all the way up Highway 42. That is something the Council needs to take into
consideration. Mayor Kelley said all of that will be explained at the county but he has to go through the
process before it can be reconsidered by the Council.

Kathryn Gilbert made a motion to table this request until further zoning request have been made; Harold
Cochran seconded, and passed unanimously

THE SHORT TERM WORK PROGRAM AND THE CAPITAL IMPROVEMENTS ELEMENT AND TO
AUTHORIZE HENRY COUNTY PLANNING AND ZONING TO TRANSMIT TO ATLANTA REGIONAL
COMMISSION AND GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS. Julius Ross, Henry County
Chief Planner, advised that this is a public hearing to hear public comment and to approve a resolution to
adopt the City of Stockbridge 2008 to 2012 Short Term Work Program update which is an element of the
Comprehensive Plan and it lists all projects that the City plans to undertake over the next five (5) years. He
received a letter from the Atlanta Regional Commission and the Department of Community Affairs saying
that the City’s Short Term Work Program was in compliance with the state minimum planning standards.
Therefore, we ask to hear comments before the Council moves to adopt.

Mayor Kelley asked if anyone present has any comments regarding this plan.

Councilwoman Gilbert asked about the project to build a historic rail station and town center. She did not
know we had a rail station in this part of the town center. Mayor Kelley responded that the Council discussed
having an old rail station as part of the project but we haven’t been able to find one.

Mr. Welch stated that if you don’t list projects you would like to have you won’t be able to do them. This is a
broad sweep of hopes and prayers.

Councilwoman Gilbert said she was also curious about item #9 on page 3. To prepare a green space plan
and participate in the Georgia program with a cost estimate to be determined and it is listed underway. How
did it get underway without a budgeted amount?

Mr. Welch responded that the City has been buying green space and we have had green space donated to
the City over the years and the City allows that to remain in a natural state. It is also part of the parks that is
used in a passive nature.

Mr. Ross stated that this fall they are planning to send out a proposal for consultant assistance to prepare a
master plan for parks, green space and trails. Hopefully it will be a joint plan and they will be asking the City
of Stockbridge if they want to participate in a joint plan with the entire county. This also is something that is
an action item as part of our strategies and the policies for the Comprehensive Plan as well. They plan to
take advantage of opportunities as they come, as you may be aware, the former governor had a green space
program where you could get funds to acquire green space but we now hope that program will come back
so we will be able to purchase more green space to be used for the planning and design of green space.
The county’s impact fee program has a green space facility in it but the way the impact fee program was
written, the funds can’t be used for design or planning. Hopefully that will be rectified in the fall once the
Comprehensive Plan is adopted.
Mr. Ross said that tonight the Council votes to adopt the Short Term Work Program and send the resolution
to ARC and the State, that will complete the Qualified Local Government compliance requirements for this
year and we will do it all again next year.

Mayor Kelley asked if the Community Agenda Element is part of it. Mr. Ross stated that the Community
Agenda Element will be presented to the Council on the August agenda which will be the last part of the
Comprehensive Plan. It was placed on the July agenda in error and Mr. Ross requested it be postponed
until August.

Mayor Kelley asked for a motion to approve the resolution adopting the Short Term Work Program Capital
Improvement Element.

Fred Evans made a motion to approve; Kathryn Gilbert seconded, and passed unanimously.

COMMUNITY AGENDA ELEMENT OF THE JOINT 2030 HENRY COUNTY/CITIES COMPREHENSIVE
PLAN the adoption of a Community Agenda Element of the Joint 2030 Henry County/Cities Comprehensive
Plan was listed on the July agenda in error to be heard at the August 11, 2008 meeting.

Kathryn Gilbert made a motion to table the resolution on the Henry County/Cities Comprehensive Plan until
the August 11, 2008 meeting; Fred Evans seconded, and passed unanimously.

UTILITY CONSTRUCTION/RELOCATION PERMITS RIGHT-OF-WAY ORDINANCE – A.J.Welch advised
the Council what this ordinance does is govern the use of the rights-of ways by public and private utility
companies that use our rights-of-ways and allows the City to collect fees for that usage. Georgia Municipal
Association recommended this late last year and we adopted an ordinance to protect us at that particular
time and now GMA has come up with a revised ordinance that they recommend all cities adopt. There is
only a few changes in this ordinance versus what we have already done but we put everything together where
it will be in only one place in the code. In essence what we are doing is saying they have to follow the State
and City standards in the construction of their facilities. They have to furnish notification, location of existing
utilities and they have to pay the fees up front and have to get permits before they start repairs or new
constructions and then we will be able to control construction on city rights-of-ways. Mr. Welch recommends
approval.

Harold Cochran made a motion to approve Utility Construction/Relocation Ordinance; W.A.Gardner
seconded, and approved unanimously.
OTHER POST-EMPLOYMENT BENEFITS (OPEB) RESOLUTION – A. J. Welch asked that the Council
table this item. He reported that this item deals with the post-employment benefits for the City’s retired
employees. He has talked with Georgia Municipal Association about the matter and discussed it with Jimmy
Whitaker, CPA. There is certain information being provided to GMA by Mr. Whitaker and GMA to Mr.
Whitaker and then Mr. Welch will be able to recommend either adopt the (OPEB) or some version of it at
either the August or September meeting.

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

FLOODPLAIN MAPPING SERVICES CONTRACT RESOLUTION - J. Welch advised that this document is
a resolution authorizing the execution of a Floodplain Mapping Services Contract. This is using the consulting
firm URS Consulting Firm/City of Stockbridge/Henry County. The City will pay a proportionate share of that
cost. Mr. Welch recommended adopting the resolution authorizing the Mayor and Clerk to sign the agreement
with Henry County.

Harold Cochran made a motion to adopt resolution approving the agreement with Henry County; Kathryn
Gilbert seconded, and passed unanimously.

PROFESSIONAL PLACEMENT SERVICES, LLC (PPS) RESOLUTION – A. J. Welch advised the Council
that this resolution will authorize the Mayor and Clerk to sign an agreement with Profession Placement
Services, LLC (PPS). The current collection agency that has been working on the collection of funds that are
due the City has tailed-off. We have a new company that is being recommended strongly by the Georgia
Municipal Association and the fees are a good bid cheaper. It is staff’s recommendation that the Council
approve the resolution and authorize the Mayor and Clerk to sign the agreement.

Councilwoman Gilbert asked if we are saving money. A. J. Welch responded that the City will save five
percent (5%) on everything. Fred Evans stated that Stallings Financial Group, Inc. have not been doing very
good on collections.

W. A. Gardner made a motion to approve agreement with Professional Placement Services, LLC; Fred Evans
seconded, and passed unanimously.

JTV GENERAL CONTRACTORS, INC. – A. J. Welch recommended approval of Change Order Number 5.
Removal and dispose of nine trees located around the City Hall project. Add drainage pipe and 3’-0” stone
backfill at site retaining wall #5 rough grading and asphalt paving of the easement at the Meeks property,
add a masonry screen wall with a brick veneer and precast concrete with a six foot vinyl fence around the
perimeter of the Meeks property. Total $283,312.00. The Council may address questions to Mr. Strickland.

Kathryn Gilbert asked if this is the retaining wall around the Meeks’ property and does this pertain to anything
else. Mayor Kelley responded that it includes the removal of nine (9) trees. She asked if there will be brick
veneer on both sides of the wall. Ted Strickland replied that the brick veneer in only on one side, the City
Hall side. Councilwoman Gilbert asked if that is in compliance with the City’s zoning. Mr. Welch responded
“yes ma’am”.

Fred Evans made a motion to approve Change Order Number 5; Harold Cochran seconded, and motion
carried. Kathryn Gilbert opposed.

CHARLIE’S SPORTS BAR, TERRIE BATTS, OWNER, 3271 Hwy 42 - requested an alcohol license for
consumption on premises. Application and all documents for an Occupation Tax License and the Alcohol
License have been submitted with all fees paid.

Fred Evans made a motion to approve alcohol license; Harold Cochran seconded, and passed unanimously.

MARTINIQUES BAR & GRILL, 1757 ROCK QUARRY ROAD requested permission to hold outside events.
The events are a cookout and carwash two or three times per month with the serving of alcohol on front
patio. Additionally, the request is for the dates of 7/27/08, 8/24/08, 9/07/08, 9/21/08 11/02/08 and 12/21/08
designated for Automobile and Bike Shows with vendors setting up booths selling show related items.

Mayor Kelley asked if anyone was present representing Martinique’s Bar and Grill. A. J. Welch stated that
he recommends this item be tabled and not consider any additional request by them until they bring their
alcohol tax current. They are several months late in the payment of their tax and there are some other issues
that would not be allowed under the City’s zoning ordinance on these requests.

Harold Cochran made a motion to table request for outside events; Kathryn Gilbert seconded, and passed
unanimously.

BELIEVER’S AUTHORITY CHRISTIAN MINISTRY, TIM GLEATON, PASTOR, 4723 NORTH HENRY
BLVD, requested permission to extend permit to remain at the current address for another six (6) months.
Mayor Kelley said that everything seems to be going good at this location and the City has had no complaints
and the neighbors speak highly of him and Mayor Kelley recommended the permit be extended another six
(6) months.

Fred Evans made a motion to extend permit six (6) months; Harold Cochran seconded, and passed
unanimously.

AUSTIN PARK SUBDIVISION, CROWN COMMUNITIES, NEIL KOELBL, 731 ADAMS ROAD,
FAYETTEVILLE, GA 30214 requested a discussion on zoning conditions for Austin Park Subdivision and
would like to discuss removing the alley way condition. A. J. Welch advised the Council that this is the Austin
Park Subdivision located on the old Askew Trailer Park site. When the City entered into the rezoning and a
Development Agreement with the previous owner of the property, Hayes Development Corporation, we were
requiring back alleys to be put in at this particular location. Austin Park has asked that they be allowed to
forgo putting in the back alleys but they are willing to move the houses substantially further back into each
lot and to provide a wide driveway parking area so you could park four (4) cars on the outside of the house
and two (2) cars in the carport. They are willing also to go to a minimum of 1,800 square feet for the homes.
It is his recommendation that the Council authorize an amendment to Development Agreement to accomplish
those purposes. We would like to see that property developed in a very nice manner and believe this is an
opportunity to do it. He advised the Council that the bank has foreclosed on this property and it is now in the
hands of the bank so Mr. Koelbl is now trying to purchase the property from the bank and develop it.

Ted Strickland asked if they will meet all the requirements in the agreement like four (4) sides’ brick, stone,
stucco or any combination thereof. Mr. Welch replied yes, they are not asking for any changes except the
ones mentioned above. They are only asking to do away with the back alley and put the parking in the front
rather than the back of the houses.

Kathryn Gilbert stated that the Council has considered this once before have we not. Fred Evans replied that
it was for a different outfit. Mr. Welch added that they wanted the City to approve vinyl siding, hardy board
and move the houses closer to the street with ten (10’) foot setbacks, etc.

Fred Evans made a motion to approve requested changes; Kathryn Gilbert seconded, and passed
unanimously.

TRACY CAIN ENGLISH, 585 GOLDEN MEADOW DRIVE requested an exception to Ordinance 06-154
prohibitions 9.70.110, 2006-Day Care Centers. Mrs. English failed to appear. A. J. Welch advised the
Council to deny this request and do it tonight. It does not comply with the existing zoning ordinance.
Harold Cochran made a motion to deny request; Fred Evans seconded, and passed unanimously.

SHEREE ROBERTS, 1166 PARAMOUNT DRIVE, SUMMIT PHASE IV - requested that all street lights be
turned on in her new subdivision for she is the last and only house on the street. Mrs. Roberts failed to
appear but Council heard a report from Ted Strickland, City Manager. Mr.Strickland reported that Ms.
Roberts purchased a home on the very back side of the Summit Subdivision in Phase IV. She stated she
was the only house in Phase IV and wants the City to turn on all the street lights on going to her house. He
told her that the City does not turn on all the lights on a street until it is more built out in a subdivision. He
has had requests where a builder may have forty (40) acres and the developer put in lights and the
homeowners want the City to turn the lights on but we normally turn them on when there is enough people
to justify turning on the lights.

Mr. Strickland talked with EMC about the problem and they agreed to have one light turned on because she
is back there by herself but she wanted seven (7) or eight (8) turned on and the City pickup the tab and he
told her “no”. Mayor Kelley asked if they could turn on one light. Mr.Strickland said he sent her a letter saying
the City would turn on one light.

Kathryn Gilbert made a motion to approve turning on one street light at the end of Paramount Drive and deny
turning on the other lights; Fred Evans seconded, and passed unanimously.

JARED MCCLINIC, 238 NORTHBRIDGE DRIVE- requested a Business License for a mobile dent removal
and interior repair business. Mayor Kelley asked where this business will be located. Mr. McClinic said his
home will be his home office but he won’t be doing any work at home. All his work will be at different body
shops. Mayor Kelley asked what he will be doing at his home. Mr. McClinic said no body work but just his
office.

Terry Kight, Code Enforcement Officer, said under the Zoning Ordinance the legal definition for a body shop
is what he will be doing requires major automotive zoning to be C-3. Mr. McClinic responded that it’s not
really a body shop. He has a case of tools and they stay in his truck. He will be going to dealerships and
body shops repairing minor dents. He will not be painting or repairing major dents, etc. Mayor Kelley asked
if he would have any equipment at home other then his telephone. Mr. McClinic said he needs a business
license to be able to setup accounts at dealership, checking accounts, etc.

Councilwoman Gilbert asked if he has a place to park his truck inside out of view and asked him where he
resides. He responded 238 Northbridge Drive, off Flippen Road. He does not have a major truck and he
can put all his tools in a car. Councilwoman Gilbert asked if he had a trailer or anything like that. He
responded no trailer needed because the tools are like little hand held tools. She asked if they are kept in a
tool box and put it in the trunk, is that correct?
Mayor Kelley stated that if the Council approves a license for Mr. McClinic it needs to be specified in the
license that this work cannot be done at his home.

Fred Evans made a motion to approve the business license for a dent removal and interior repair to be
performed at dealerships and different body shops; Kathryn Gilbert seconded, and passed unanimously.

Fred Evans pointed out to Mr. McClinic that if the City gets any complaints from his neighbors that he is
performing any work at his home he is subject to lose his license.

OCUSMANE CISSE, 701 LANDING POINT requested Business License for construction of single family
homes and renovations. Mayor Kelley asked Mr. Cisse what he plans to do in his home. Mr. Cisse responded
that he plans to get an office later but right now they just want to get a license.

Fred Evans asked what vehicles will be at his house other than his pickup. Mr. Cisse stated that’s it. Mr.
Evans asked if there will be any lumber, shingles, siding or other construction material. Councilwoman Gilbert
asked if he was going to have clients come to his home. Mr. Cisse responded “no” because they are just
setting up the business now and will get an office down the line because of the market he does a lot of minor
renovations and eventually he will get an office. He works out of his truck because he has a laptop computer
and everything he needs. He really does not need his home for anything but an office. A. J. Welch said it
falls in the category of a home occupation. Mayor Kelley said he cannot have any signs or people coming
and going. All of this will be put on the license and if the City receives any complaints, Code Enforcement
will be coming to see him.

Councilman Evans stated that Mr. Cisse needs an address to give to his insurance company for liability
coverage, etc.

Fred Evans made a motion to approve; Kathryn Gilbert seconded, and passed unanimously.

Fred Evans pointed out that if his neighbors complain he will be subject to lose his license.

Councilwoman Gilbert asked if she could bring up a couple of items before the Council adjourns if it’s O. K.
Mayor Kelley said she could make a motion to amend the agenda if she can get a second and approval from
the Council.
Councilwoman Gilbert made a motion to amend the agenda to discuss some issues regarding the
landscaping and issues with the New City Hall. Mayor Kelley said he doesn’t know of any issues we have
on those subjects but it’s up to the Council whether they give a second for it to go for a vote. Mayor Kelley
asked if there was a second. Motion died for lack of a second.

Harold Cochran made a motion to adjourn; Fred Evans seconded, and passed unanimously. The meeting
adjourned at 7:30 P.M.

Respectfully submitted,

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