---
date: 2003-01-13
title: January 13, 2003 Minutes
source: 2003-01/2003-01-13_January 13, 2003_Minutes.pdf
pages: 1
---

January 13, 2003

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA JANUARY 13, 2003

The Regular Meeting of the Stockbridge City Council was held on January 13, 2003 and 6:00 P.M. and Mayor
R. G. Kelley presided. Members present were Harold Cochran, Fred Evans, W. A. Gardner, and Fletcher
Turner. Councilman Ronnie Simmons resigned effective December 31, 2002.

Harold Cochran made a motion to approve minutes of December 9, 2002 and December 16, 2002 Council
Meeting; Fred Evans seconded and passed unanimously.

Mayor Kelley welcomed guests.

Mayor Kelley announced that Councilman Ronnie Simmons resigned effective December 31, 2002 and the
Council will be replacing him some time shortly.

Mayor Kelley advised that members of the Mayor’s Committees for 2003 will remain the same as 2002.

Mayor Kelley recommended appointing W. A. Gardner as Mayor Pro Tem. G. W. Evans made a motion to
approve; Harold Cochran seconded, and approved unanimously.

Mayor Kelley recommended the following appointments for 2003:

A. J. Welch, City Attorney
Ernest Blount, Judge
Donald Patten, Solicitor
Jimmy Brown, Alternate Judge
Merle Manders, City Clerk
Nancy Brown, Deputy Clerk
Ted Strickland, City Manager

Harold Cochran made a motion to approve appointments for 2003; Fred Evans seconded, and passed
unanimously.

OLD BUSINESS

NEW BUSINESS

RANCHERO MEXICAN RESTAURANT, 903 HIGHWAY 138, IRMA AQUIRRE, OWNER requested an
alcohol license for a full service restaurant. Mrs. Aquirre has completed application, furnished all documents
and background check.

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

FIRST AMERICAN PETROLEUM, LLC D/B/A PACECAR, 900 HIGHWAY 138, JERRY D DORMINEY, JR.,
requested a license for a convenience store and an alcohol license to sell beer and wine. Mr. Dorminey has
filed his application and completed all requirements and background check as required by the Alcohol
Ordinance.

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

KATHY SHELL requested a street number on Highway 42 (North Henry Boulevard) for a lot at the end of
Spring Street. Mayor Kelley advised Council that he does not think this can be done since the property is
not on North Henry Boulevard.

A. J. Welch informed Council that his staff ran the title on the property in question and she does not have any
property that the City could assign a number. Mr. Welch recommends the Council deny the request.

Fred Evans made a motion to deny request; Fletcher Turner seconded, and passed unanimously.
CHRIS GRUBB and NOEL SHUMANN requested a variance for ground stormwater retention pond on
commercial property on Highway 42.

Noel Shuman addressed the Council and said he knows the City Ordinance prohibits stormwater retention
ponds. They plan an eighty foot (80’) buffer between the retention pond and the residential structures that
are behind the proposed pond and presented a picture of how everything will be laid out. They have gotten
approval from the Magnolia subdivision to add the buffer to screen the commercial property from the
residential properties. The Magnolia Homeowner Association has requested they install over 170 trees.

The proposed retention pond is four feet (4’) deep and has a two to one slope and the sides are very shallow
and will not be holding any water except for periods of time during and after storms. An easement has been
obtained from the property owners of the Magnolia to outlet the retention pond directly into an underground
stormwater system. There will not be any above ground draining of the water and there want be any soil
erosion. The stormwater retention system that has been designed; there is a drop inlet purposely placed to
take the water when it is constructed. Aesthetically, the pond is hidden in the back corner of the property
and is not visible from Highway 42 or Grandiflora which is the side street. There are hedges and trees on all
three sides of the retention pond.

Mayor Kelley said their proposal sounds great but the problem is the ordinance reads no retention ponds on
commercial property. The City had to put in underground retention when City Hall was constructed because
of the ordinance. The City Council will have problems if the Council approves their request and the next
person who comes along, whether he has a good proposal or not, will say you did it for them you can do it
for me.

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

MIRANDA ROBERTS, DIRECTOR, CONFERENCE CENTER presented new lease rates for the conference
center. The meeting room prices will be raised to be in line with facilities in Atlanta and on the outskirts of
the north side. The largest increase is for the ballroom. The ballroom is already booked for 2003 and the
new rates would be for 2004. There are no other facilities like this on the south side so this will be more inline
with similar facilities in Atlanta. It takes a lot more planning and set-up than was originally thought. Mayor
Kelley recommended approval of the new rates.

W. A. Gardner made a motion to approve; Fletcher Turner seconded, and passed unanimously.
Miranda Roberts informed the Council that the existing brochure does not give enough information about the
conference Center and is in the process of designing a more informative quarterly type marketing piece. It
will include more pictures of the facility, rate sheet, regulations and for it to actually pay for itself, she
recommends selling ads to caterers, florists, Henry County Chamber of Commerce. The customer will have
a package of information and be able to make choices.

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

ZONING ORDINANCE – To adopt a resolution authorizing the City Attorney to present an Ordinance to
clarify and amend the existing Ordinance regarding annexing property with common zoning classification.

A. J. Welch advised Council that this item needs to come off the Agenda because it has not gone to Planning
and Zoning.

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

SOUTHERN CHAMPION CONSTRUCTION, INC. – requested a 35 day extension for loss of time for work
on the new digester for the following items:

1. 15 day delay for rain.

2. 15 day delay getting mix design approved which involved setting up an
onsite tank for additives.

3. 5 day delay for minor changes which involved revision in the layout of the
blower building, bar screen and grit collection unit.

Skip Layton with Stantec Consulting Services, Inc., the engineering firm working on the project for
the City. The three items are correct but Southern Champion Construction, Inc. now has some
additional weather delays that are causing problems. There are dirt conditions; it’s too damp to put
the dirt back, causing problems getting his equipment in. At this time, there are no damages to the
City and Stantec recommends holding the issue open, if acceptable with the Council. Mayor Kelley
stated that he was not following what Mr. Layton is saying. Mr. Layton replied that Southern
Champion is going to be asking for additional time later because of wet dirt situations where they
can’t get compaction and things of that nature. Mayor Kelley replied that he understands the wet
conditions and recommends the Council approve the thirty-five (35) day request but Southern
Champion will have to come back on the additional time request.

Mr. Layton stated the contract was up on December 8, 2002 and the thirty-five (35) days will just
cover the City through today and he requests the Council hold the issue open and have one change
order at completion and it appears the project will be complete within 30 days if the weather holds.
Installation should be substantial complete where the equipment is up and running.

A. J. Welch, City Attorney, recommended giving Southern Champion a seventy (70) day extension
from the ending date of the contract and the pressure is on him to finish.

Harold Cochran made a motion to grant a seventy (70) day extension from December 8, 2003, the
date the contract expired; Fred Evans seconded, and passed unanimously.

SOUTHERN CHAMPION CONSTRUCTION, INC. CHANGE ORDER NO. 1 - $4,042.01 for grit pump
revisions. Mayor Kelley advised Skip Layton that he does not like change orders. When a job is bid in the
City of Stockbridge, its bid and he does not like it when a company gets the bid and then starts changing
everything.

Skip Layton, Stantec Consulting Services, Inc. explained the change order revisions. The contract was for
$760,000 and to date there have been no change orders and they do not anticipate any other change order.
This particular item was an added alternate on the bid for equipment to repair the headworks. It wasn’t part
of the original project in the beginning and equipment was added by City employees to replace the
headworks. The headworks are the degritter, barscreen, etc. The contractor ordered the exact equipment
that was specified. The degrit pump that came in was a total redesign from the original pump. There was
no way to anticipate the equipment change. New piping had to be installed according to the manufacturer’s
requirements before the new equipment could be installed.

A. J. Welch advised the Council to approve as an added alternate increase to the contract and not as a
change order.

Fred Evans made a motion to approve as an added alternate to the contract; W. A. Gardner seconded, and
passed unanimously.
SPRINTCOM, INC. – RENEWAL OF AGREEMENT DATED FEBRUARY 16, 1998 for antenna on the water
tank at the Stockbridge Elementary School. A. J. Welch advised the Council that Sprintcom has given notice
that they want to extend the agreement with the same terms to remain in effect and he recommends the
Council approve the agreement.

Harold Cochran made a motion to authorize the Mayor and Clerk to sign the agreement on behalf of the City;
Fred Evans seconded, and passed unanimously.

DARLENE SEABOLT, ROCK QUARRY ROAD requested she be allowed to level her property with fill dirt.
Ted Strickland advised that Mrs. Seabolt wants to pile dirt on this site and he told he no. When she contacted
the Clerk to be put on the agenda she stated she wants to use dirt to fill in her lot. Mr. Strickland stated that
there is more to this matter than has been disclosed. Mrs. Seabolt did not attend the meeting to explain this
matter to the Council.

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

MILES FOR MEALS, HENRY COUNTY COUNCIL ON AGING, INC., requested the Council appropriate
funds for services rendered for citizens of Stockbridge for 2003. During 2002 the city appropriated $1,000 to
this organization.

W. A. Gardner made a motion to appropriate $1,000 for 2003; Fletcher Turner seconded, and passed
unanimously.

C-2 DISTRIBUTION CENTER ORDINANCE. Ted Strickland, City Manager, explained the need for this
ordinance. Mr. Strickland stated that about one year ago he discussed with the City’s legal staff to amend
the C-2 Ordinance in the event a company decides to move out of the City and turn the building into a
distribution center/warehouse type operation in the City’s commercial district.

A. J. Welch informed the Council that the Council could pass a resolution at this meeting authorizing the
amendment to go to Planning and Zoning. It would go before the board to get their recommendations before
the City adopts the amendment. The amendment will require that at least fifty percent (50%) of the space
will be maintained for offices, etc. and does not allow them to take a building and convert it into warehouse
space or storage area.
Fred Evans made a motion to authorize A. J. Welch to present the C-2 Zoning Ordinance Amendment to
Henry County Planning and Zoning Commission; W. A. Gardner seconded, and passed unanimously.

J. P. EVANS, STOCKBRIDGE, GEORGIA. Mr. Evans advised Council that he had a sign at the corner of
42 Highway and East Lake Parkway and the City took it down. Evidently, the City has an ordinance to prohibit
off premises signs. The sign was advertising homes for sale at Lakeside at Eagle’s Landing. Georgia Power
actually owns the property and is paying for one third (1/3) if the sign and will have their logo on the sign.
Ever since the City removed the sign his sales have just dropped in half and he wants to know if the City
would consider allowing him to place a sign on this corner since Georgia Power will be part owner of the sign.

Councilman Gardner asked if this will be a temporary sign to be removed when all of the homes have been
sold. Mr. Evans said it would be removed at that time.

A. J. Welch asked Mr. Evans if he has sent this matter before Henry County Planning and Zoning. Mr. Evan
responded that he has been to Planning and Zoning and they indicated that the application is routed through
the Planning and Zoning Commission and back to the City Council for final disposition. Mr. Evans told the
Council that Henry County indicated that it does comply with the ordinance.

A. J. Welch recommended the Council approve subject to Henry County Planning and Zoning verifying that
the sign is in compliance with the ordinance.

Harold Cochran made a motion to approve subject to Henry County Planning and Zoning recommendation
that the sign is in compliance with the ordinance; W. A. Gardner seconded, and passed unanimously.

LEAF DISPOSAL - Ted Strickland reminded the Council that the City no longer picks up leaves according to
Environmental Protection Division regulations. In the past the City took leaves to the transfer station and
they disposed of them. Mr. Strickland has come up with some options for leaf disposal. A vacuum trailer
would allow city employees to go to the curb and vacuum the leaves. The cost of equipment would be
approximately $22,000. Another option is to purchase biodegradable paper bags for $.33 each with city logo.
Contact some of the grocery stores and retail merchants to see if they will sell them. The City will only pick
up bags that are biodegradable. The bags would be put in the City’s compactor trucks and dumped at Clayton
County landfill for $28.00 per ton.

Mayor Kelley was not in favor of the vacuum option but recommended that Ted Strickland get more
information and the City can possibly try the bags. If it gets to costly the City may need to charge for leaf
pickup.
ARCADIS – Ted Strickland advised that he has met with Arcadis today on Phase II Stormwater Runoff Project
and it is quite in depth. The Council needs to have a special meeting, which will last approximately 2 or 3
hours, this month with the Mayor and Council so Arcadis can explain the project to the Council. Arcadis will
go before the Henry County Board of Commissioners for a presentation on January 21, 2003. The cities
need to adopt it the first meeting in March, 2003 because in March, 2003 the cities come under Phase II
Stormwater Project.

Ted Strickland was instructed to set up a meeting with Arcadis and notify the Council the date and time.
A. J. Welch said it will require a long meeting to go through the guidelines to meet requirements of the law
on what Arcadis has to disclose to the Council and inform the Council what is going on.

Harold Cochran made a motion to adjourn; W. A. Gardner seconded, and passed unanimously. Meeting
adjourned at 7:15 P. M.

Respectfully submitted,

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