---
date: 2008-01-14
title: January 14, 2008 Minutes
source: 2008-01/2008-01-14_January 14, 2008_Minutes.pdf
pages: 1
---

January 14, 2008

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA JANUARY 14, 2008

The Regular Meeting of the Stockbridge City Council was held on January 14, 2008 with Mayor R.G. Kelley
presiding. Members present were Harold Cochran, Fred Evans, Shirley Dabney, W.A.Gardner and Kathy
Gilbert.

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

Mayor Kelley asked ex-councilman Steve Moon to give the invocation.

NEW COUNCILMEMBERS were sworn-in by Merle Manders, City Clerk.

Fred Evans
Shirley Dabney
Kathryn Gilbert

Harold Cochran made a motion to approve minutes of December 10, 2007 Stockbridge City Council Meeting;
Fred Evan seconded and passed unanimously.

Welcome guests and introduce Jeff Alevy.

JEFF ALEVY, SENIOR PROGRAM DIRECTOR, HENRY COUNTY YMCA – PLAQUE PRESENTATION
TO THE CITY. Mayor Kelley introduced Mr. Alevy. Mr. Alevy addressed the Council by thanking them on
behalf of the families and youth that they serve in the community. They have been serving the City and
County with programs for eight (8) years. Approximately one and a half years ago when they came to the
Council and asked for support the Mayor suggested the City should step-up and lead by example among
other cities in the County. Mr. Alevy expressed that the City has done just that and he would like to present
the City with a plaque showing their appreciation for the City’s participation.
DESTINY TABERNACLE INTERNATIONAL MINISTRIES, JAMELLE E. JACOBS, SENIOR PASTOR AND
ELDER RUBY WASHINGTON, EXECUTIVE PASTOR. Mayor Kelley reminded that the Council that they
instructed the City Clerk to get information about the Church using the Conference Center on a regular basis
each Sunday, the amount they are paying and other information. He reported that they are meeting in one
of the rooms on the lower level and pay $200.00 per meeting. They have been using the facility since March
4, 2007. Mayor Kelley said he discussed this with A. J. Welch and he said
everything is being done properly.

Mr. Welch reported that the Center has an open door policy as far as the use of the Merle Manders
Conference Center and people can rent the facility based upon them complying with the City’s rules and
regulations, and they can rent as long as they make payments.

Harold Cochran made a motion to approve continued use subject to complying with rules; Kathryn Gilbert
seconded, and passed unanimously.

457(b) DEFERRED COMPENSATION PLAN AND ADOPTION OF AGREEMENT – A. J. Welch reminded
the Council that at the December 10, 2007 Council Meeting, the City Council approved the Deferred
Compensation Plan and the plan was adopted by Resolution. The Georgia Municipal Association has notified
A. J. Welch that the City needs to adopt GMA’s version of the Resolution. This resolution takes care of some
of the fact issues that were left open from the resolution that was adopted in December. This is a form
resolution GMA requires in order to implement the plan and he recommends the Council approve the
resolution tonight.

Fred Evans made a motion to approve resolution required by GMA to implement the Deferred Compensation
Plan; Harold Cochran seconded, passed unanimously.

MAYOR’S COMMITTEE APPOINTMENTS FOR 2008. Mayor Kelley advised that The Mayor’s Committees
for 2008 are shown on the list in each Councilmember’s file. If any of the Council has a question, please feel
free to contact him.

ELECT MAYOR PRO-TEM. Harold Cochran made a motion to appoint Fred Evans Mayor Pro-Tem; W. A.
Gardner seconded, and passed unanimously.

COUNCIL APPOINTMENTS
A. J. Welch, City Attorney
Ted Strickland, City Manager
W. Donald Patten, Jr., Judge
Edythe S. Whitaker, Solicitor
Merle Manders, City Clerk
Nancy Brown, Deputy Clerk

Fred Evans made a motion that all Council Appointments remain the same; Harold Cochran seconded and
passed unanimously.

MULTI-FAMILY DWELLING CONVERSIONS RESOLUTION – A. J. Welch advised the Council that this
resolution is concerning the conversion of apartments to single family dwellings such as townhomes. This
resolution will authorize the process to begin with the Planning and Zoning Commission. As you know when
we amend the City ordinances dealing with Planning and Zoning, there are a certain number of presentations
and public hearings to be conducted and this resolution will authorize that to go forward.

Harold Cochran made a motion to approve the Multi-Family Dwelling Conversion Resolution; FredEvans
seconded, and passed unanimously.

CONVERSION OF MULTI-FAMILY DWELLINGS ORDINANCE – A. J. Welch advised the Council that this
Ordinance is in conjunction with the Multi-Family Dwelling Conversions Resolution. This Ordinance adopts
restrictions on conversion of multi-family dwellings to alternative family type dwellings such as townhomes.
We have had some apartments in the City that they attempted to convert to single-family
dwellings/townhomes. The problem that develops from that is; if the streets do not meet the requirements
when you build townhomes, there are certain street requirements that have to be met. There are independent
water connections that have to be installed. There are certain fire code requirements that have to be met.
Those are existing requirements for townhomes and condominiums in order to prevent this from occurring
again. The City currently has on-going issues with an apartment owner trying to convert to townhomes that
we deal with on a weekly basis. It is Mr. Welch’s recommendation that the Council adopt the Resolution to
authorize the presentation of a draft ordinance to deal with the situation and go through Henry County
Planning Zoning for it to be part of the zoning ordinance. The Resolution should be adopted first and adopt
the Ordinance second to create the restrictions that would go into effect immediately.
Councilman Evans asked if the County or any other city in the County has had this problem. Mr. Welch
responded “no the City is the guinea pig”. Mr. Welch said no they have not but he feels sure they understand
what the problems are with this particular matter and the County will probably move forward with this. The
other cities that Smith, Welch & Brittain represent are now in the process of doing the same thing.

Harold Cochran made a motion to approve the Conversion of Multi-Family Dwellings Ordinance; Fred Evans
seconded, and passed unanimously.

2007 AUDIT LETTER FOR DISCUSSION – James L. Whitaker, independent auditor, who meets the
minimum requirements of the State law and all issues concerning the City have been accurately reported in
the 2007 audit letter. If anyone has any changes or additions they wish to make to the audit letter let Mr.
Welch know today because it becomes final tomorrow.

Fred Evans made a motion to approve the 2007 audit letter; Harold Cochran seconded, passed unanimously.

JTV GENERAL CONTRACTOR – APPROVAL OF CHANGE ORDERS FOR CONSTRUCTION OF CITY
HALL

Change Order Number 1- Additional cost to excavate and separate 5,202 cubic
yards of existing fill material containing concrete. $ 87,394.00

Change Order Number 2- Additional cost to excavate and haul off site 3,190 cubic
yards of existing fill containing trash and debris. Additional
cost to over-excavate 3,071 cubic yards of unsuitable soil
and replace with 3,071 cubic yards of clean compacted
fill. $154,783.00

Change Order Number 3- Additional work including onsite excavation, mixing, haul,
placement and compaction of unsuitable soils and
and concrete debris materials. $110,236.00
A.J. Welch reviewed the change orders for the New City Hall. He explained that these charges occurred as
the result of a latent defect that was found to exist on the Thurman/Clary property where the Maytag
dealership and the Huddle House were located. When the contractor started moving dirt and getting ready
to put in the parking lot, it was found that the lot had been filled with trash and debris without permit and
without approval. As a result of that in order to have a safe parking lot and facilities, the contractor had to
remove all of the debris and had to relocate it from the City’s site and had to bring in dirt and compact it. As
a result of that, there are three (3) change orders that apply to all of those different problems that occurred.
It is staff’s recommendation that the Council approve all three (3) change orders and this can be done in one
resolution by referencing Change Order Number 1, 2, and 3.

Councilwoman Kathy Gilbert asked that at the time the properties were being purchased by the City was
there not a site study or something done that could have uncovered this? Mr. Welch responded that there
was a site appraisal made of the property and there was nothing to lead the appraiser or anyone else to know
that there was a problem there. When you have in essence of the inert landfill, and that’s exactly what
occurred there; the property owner under state law is required to identify inert landfills on a plat, file the plat
of record and put a notice on the deed book records of Henry County showing what was done. None of that
was done. So the inert landfill that occurred, occurred without permit being issued from the State and Henry
County or the City nor was that put on record. You would not have any knowledge of it unless you had actual
knowledge it was there. This was discussed with the appraiser and he had no knowledge and his
investigation did not reveal anything. Of course, now the appraisal will have to be redone and that information
has been provided to the appraiser. This will be an issue that will be discussed in the litigation of that case.

Mayor Kelley stated that it was done years and years ago and whoever owned the property when it was done
and would require some research to locate the owner.

Harold Cochran made a motion to approve Change Order Numbers 1, 2, and 3; Fred Evans seconded and
passed unanimously.

LIVABLE CENTERS INITIATIVE PROJECT (LCI) – Bids for this project were tabled at the last Council
Meeting to be re-bid. The State advised Jack Burnside that the City must proceed with the low bid of
$774,000 from Urey Companies, LLC with a deadline of December 31, 2008. Ted Strickland advised that
when this project was initiated about two and one-half (2 ½) years ago, the cost was approximately $600,000
for the total project. The LCI grant money was $480,000. The City was to pay $120,000 for a total of
$600,000. The City bid the project about three (3) months ago and the bid came in at $883,000. The Council
rejected that bid and wanted to rebid again. It was rebid again and the second time it came it was $774,000.
Jack Burnside talked with the Atlanta Regional Commission and at first they wanted the City to pay twenty
percent (20%) of the $774,000 and the ARC agreed that the City pay twenty percent (20%) of the $774,000
which would be about $160,000 compared to what it would have been $120,000 had the bid remained at
$600,000. The State wants the City to issue a new contract and it could take anywhere from a week to three
(3) months to get the new contract rebid. It will still remain under the $774,000 in the agreement. Urey
Company would still build the project and they will pickup the bulk of the money and the City will pay $160,000
rather than $180,000 or $200,000 for the project. We are waiting for the contract to come back from the
State so the City can award the contract to Urey Company to begin construction. This is the project on East
Atlanta Road beginning at Old Conyers to Love Street / Old Atlanta Road beginning at Flippen Road to
Highway 138 at the old WalMart store.

Kathryn Gilbert asked if “they being the State” will pickup the overage. Mr. Strickland responded that the City
will pay $160,000. If the project had been bid two (2) to three (3) years ago it would have only been $120,000.
Mayor Kelley stated that if the City had accepted the previously high bid it would have cost the City $180,000
but this is kind of compromising. Mayor Kelley said we need to move forward with this project because the
State Department of Transportation has put a deadline on the project.

Fred Evans made a motion to approve the bid from Urey Company for $774,000 for the LCI project with the
new contract; Harold Cochran seconded, and passed unanimously.

FOREST, KIJOONG SHIN, 4938 NORTH HENRY BOULEVARD – Mr. Shin has applied for an occupational
tax license to operate a restaurant, and an alcohol license for consumption on premises for beer and wine.
Mr. Shin has filed all documents, background check and paid fees and everything is in order.

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

MELLOW MUSHROOM, MICHEL N. PANOS, PRESIDENT, 1410 HUDSON BRIDGE ROAD-
Mr. Panos has applied for an occupation tax license to operate a restaurant, and an alcohol license for
consumption on premises for beer and wine. Mr. Panos has filed all documents, background check and paid
fees. The City will not issue these licenses until Henry County has completed the final inspection and issued
the Certificate of Occupancy (CO). Other than that,
everything is in order and rather than delaying him another month the Council can approve subject to Henry
County coming through with the inspection.

Harold Cochran made a motion to approve subject to getting his final inspection from Henry County; Fred
Evans seconded, and passed unanimously.

ACTIVE HOME SOLUTIONS, LLC, JESSE HILL, OWNER, 4022 EAST LAKE PARKWAY. Mr. Hill is
requesting a home occupation license to operate a handyman business from his residence. Mayor Kelley
informed the Council that the City’s code enforcement officer informed him that this address is not a
residential address but is located in a strip mall on East Lake Parkway which is commercial property zoned
C-1.
Mr. Welch pointed out that Mr. Hill may be issued a business license as long as it is in a commercial area but
not a home occupation. Mayor Kelley suggested this item be tabled until Mr. Hill is present to explain his
request.

Harold Cochran made a motion to table; Kathy Gilbert seconded, and passed unanimously.

BELIEVER’S AUTHORITY CHRISTIAN MINISTRY, TIMOTHY GLEATON, PASTOR, 4723 NORTH HENRY
BOULEVARD – requested permission to use a commercial space for Church services. Mayor Kelley asked
Pastor Gleaton to explain what services they plan. Pastor Gleaton responded they plan to meet one service
per week on Sunday mornings. He spoke with the owner of Phil’s Country Fisherman and made him aware
that they won’t be in their way. They will be finished by the time they open on Sunday. He has letters from
Phil Hogan and Gerald Taylor showing that they support their Church as long as they don’t interfere with their
hours, etc.

Mayor Kelley advised Pastor Gleaton that the City has a six (6) months limit to allow new Churches time to
find a permanent location. The Council may consider an extension of time if they have not found a permanent
location within the six (6) months period.

Mr. Welch asked Pastor Gleaton if he understands that he must get the facility inspected by the Fire Marshall
to make sure they are in compliance. They must have restroom facilities available to handle larger crowds.
Pastor Gleaton responded that he understands.

Fred Evans made a motion to approve the request for a period of six months; W. A. Gardner seconded, and
passed unanimously.

STOCKBRIDGE BYPASS (ROCK QUARRY TO VALLEY HILL ROAD) – Mayor Kelley announced that A.
J. Welch will give an update on the Concept Development, Traffic Study and Environmental Screening for
the Stockbridge by-pass.

Mayor Kelley introduced Reid A. Bowman, Sr., Henry County Commissioner, District 4, and stated that the
Council appreciates Mr. Bowman attending this meeting.
Mr. Welch advised the Council that to bring them up to date that Mr. Bowman has been the most pro-active
Commissioner that the City has had in a long time working with the City. Back several months ago, the City
commissioned the engineers to go forward with the necessary studies and the drawing of the plans for what
we call the Rock Quarry/Valley Hill by-pass which will hook Rock Quarry Road to Valley Hill Road. The by-
pass will give the motoring public a more direct access from Old Conyers and East Atlanta and Valley Hill to
the hospital. The City is doing the planning on this project and as soon as the plans are completed they will
be submitted to SPLOST and DOT to get the by-pass built. By the City doing the planning, that gives the
City a leg up and somewhat more control in getting this project built. As you know, this project was originally
scheduled for the very first SPLOST that was adopted but it has yet come into fruition. The City is spending
about a half million dollars ($500,000) getting the necessary plans and evaluations done. The engineer is
going to be giving the City a quarterly progress report. They have the traffic studies underway, the
environmental screening to minimize the impact on wetlands which is a study that has to be done to show
what wetlands are involved and we know there are some that exist because we will be crossing a creek.
They are putting all of this together and they are working on the preliminary drawings for the by-pass and
hope by the next quarter to have a more in depth report to the Council. In this process Mr. Bowman has
asked for funds to be set-aside for the bridge over the railroad track which we hope will be able to work all of
this together at one time. Mr. Welch said it has been a pleasure working with Mr. Bowman and his people in
trying to put this project together. Mr. Welch said that is the end of the update and he will be glad to answer
any questions anyone may have.

Mayor Kelley stated that he has been with the City for twenty-nine (29) years and the City started about
twenty-eight (28) years ago talking about a by-pass to get around in the City and we have yet to get a by-
pass. Hopefully these plans will get it underway before we get stymied all the way with traffic and especially
the bridge on Quarry Road over the railroad.

Councilwoman Gilbert stated that in the first SPLOST the bridge on Rock Quarry Road was to be a four (4)
lane bridge and she believes that GDOT came back and said it needs to be six (6) lanes. Where is that at?
Mr. Welch asked Reid Bowman if he would explain to the Council. Mr. Bowman responded that the bridge
over Rock Road is scheduled to be four (4) lanes. The six (6) lane bridge is over the railroad tracks over
Eagle’s Landing Parkway. As long as he has been involved with it, it’s been a four (4) lane bridge over the
railroad tracks all along. Mr. Welch said that’s been his recollection, too.

Mayor Kelley asked Mr. Bowman if he has anything to discuss with the Council. Mr. Bowman responded that
he came for the swearing-in and to be a part of it and he appreciates the opportunity to serve the citizens of
Stockbridge as well as District 4. This first year has been a lot of work but it has been a pleasure and he has
enjoyed it. There are a few things he has had to endure but for the most part he has enjoyed doing. Mayor
Kelley thanked Mr. Bowman for doing a good job for the citizens of Stockbridge and helping with some of the
City’s projects.

EXECUTIVE SESSION
Mayor Kelley stated that the Council needs to go into Executive Session pertaining to potential and existing
litigation.

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

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

Fred Evans made a motion to close Executive Session; Kathy Gilbert seconded, and passed unanimously.

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

Fred Evans made a motion to adjourn; W. A. Gardner seconded, and passed unanimously. The meeting
adjourned at 7:05 P. M.

Respectfully submitted,

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