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date: 2007-02-12
title: February 12, 2007 Minutes
source: 2007-02/2007-02-12_February 12, 2007_Minutes.pdf
pages: 1
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February 12, 2007

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA FEBRUARY 12, 2007

The Regular Meeting of the Stockbridge City Council was held on February 12, 2007 at 6:00 PM with Mayor
Kelley presiding and members present were Harold Cochran, Fred Evans, W.A.Gardner, Steve Moon and
Leila Turner.

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

Councilman Steve Moon gave the invocation.

Approved minutes of January 8, 2007 Regular Meeting and January 9, 2007, January 11, 2007, January
18, 2007 and February 3, 2007 Special Meetings; Steve Moon seconded, and passed unanimously.

Mayor Kelley welcomed guests.

AMEND AGENDA: The agenda is to be amended to include three additional items. The first is in regards
to the Meeks property, the second is the Horvath property, and the third is the Urban Redevelopment Plan.

Steve Moon made a motion to approve amending the agenda: Harold Cochran seconded, and passed
unanimously.

HEARING: Robert W. Rigby – Violation of City Code to be presented by Terry Kight, City Code Enforcement
Officer.

Terry Kight advised the Council that on October 30, 2006 at 9:00 PM an incident occurred on property owned
by Robert W. Rigby, 2685 Highway 42 North. The incident was a hit and run where a tractor trailer backed
into a fire hydrant on the private side of the rear of a strip mall, broke the hydrant under the ground and
created a river of mud that flowed across two parcel of adjacent property endangering the protected wetland
on Eagles Landing Parkway. The mud also filled a storm sewer that jeopardized the traffic on Eagles Landing
Parkway and Highway 42. It was decided by the City to perform emergency abatement measures at that
location and dispatch City crews and they cleaned up every bit of mud and cleaned out the storm sewers so
we would not have any problems. The emergency abatement cost was $822.50. The amount was
documented by man hours and equipment. The bill was sent certified mail to Mr. Rigby and as of today,
restitution has not been received.

Mr. Rigby responded that he called City Hall and was told that the letter he received was an appeal process
and to wait to pay until he appealed to the City Council. He was cited for this violation and came to court and
was acquitted of all responsibility. He was in Florida on vacation when the incident happened. It was a hit
and run driver and there was a police report on him. He had absolutely no control over this incident. There
has been a problem at this location with tractor trailers parking night and day. Mr. Rigby stated that Terry
Kight has cited a number of drivers in the past for illegally parking at this site. Mr. Rigby told the Council that
he had paid for the repair of the water line and that was not cheap and his insurance only paid a certain
percentage. He is requesting that he be relieved from paying the abatement for two reasons. It was not his
fault because it was done by a hit and run driver illegally parked in the area and this is a problem that is
recognized by Ms. Kight. He feels he produces a lot of revenue for the City of Stockbridge. He has
commercial property and pays an awful lot of taxes and produces a lot of income for the City of Stockbridge.
A prime example is he pays $22,365.92 a year for 2006, just in real estate taxes.

Mayor Kelley interrupted that this amount was paid to Henry County and he wanted to clarify that the City
does not collect real estate taxes. Mr. Rigby questioned why blame him for something he did not do and the
judge has acquitted him of and it does not seem right.

Mayor Kelley asked who installed the fire hydrant. Officer Kight responded that it is not a City installed
hydrant but was a private hydrant that was required by the Henry County Fire Department for additional fire
protection based on the location of the building in the strip mall. Mr. Rigby stated that it was there when he
purchased the property.

Officer Kight advised the Council that the City had two means of recourse. We could do criminal charges
and/or it could be brought before the Council for civil penalty. The judge chose not to prosecute on criminal
charges because Mr. Rigby was out of town and could not be held criminally responsible and made that clear
when decided not to prosecute him through the court system but we still the have the civil matter to address.

A.J.Welch, City Attorney, advised the Council there are two types of action the Council can take under the
City Ordinance. Is a criminal action and he could have been found guilty of a misdemeanor and could have
been fined and also assessed whatever cost the City incurred in the matter. The burden of proof before the
Council is substantially less than it is in a criminal matter because in a criminal matter you have to prove guilt
beyond a reasonable doubt. All the Council has to do here is prove by the preponderance of evidence that
he is responsible. If it’s not the City’s hydrant what she is not asking about the hydrant, she is asking about
all of the damage that occurred as a result of it and when you have property and you operate it and open it
up for the public then that’s just one of the liabilities that you have that you could have a hit and run situation.
This is just one of the liabilities and responsibilities of business. Mr. Welch stated that it is his
recommendation that Mr. Rigby reimburse the City of those costs. Tax payers should not have to pay is the
key.

Mr. Rigby asked if this is going to be a continued liability for him it will be quite a liability for him. Mayor Kelley
stated that’s why he asked who installed the hydrant. Mr. Rigby replied that Mr. Don Henry, developer, of
the strip mall put it in. Mr. Welch stated that it was required to put the hydrant in to get a building permit to
develop the strip mall because you have to have private fire protection that leads from the public line in to
the facility and that is private and it’s the owner’s responsibility to maintain it but you have to have it in order
to build those types of facilities. The Council could not allow the owner to take it out and the Fire Chief would
be only one to inspect the hydrant and make that determination. Mayor Kelley pointed out that if it was taken
out his insurance would probably increase.

Mr. Rigby stated that he sees on the agenda that the Council has an item addressing the parking of
commercial vehicles. Mayor Kelley responded that the Council has been working on that for quite a few
months. Mr. Rigby stated that he is sure Officer Kight is doing everything she can but what else can he do
to keep something like this from happening again.

Councilman Moon stated that the hydrant is on private property, did the truck come up on his property and
hit it or was he parked on his property. Officer Kight responded that there were no witnesses so it was an
after the fact report. If she were to surmise the way his parking lot and the rear of his strip mall is developed,
a commercial tractor trailer could not pull in there so she guesses he came in off of Eagle’s Landing Parkway
toward Kelley Williams turned left between the Don Henry strip mall and Mr. Rigby’s strip mall. Maybe he
got turned around and pulled forward and hit or pulled in behind Don Henry and backed up and hit it and took
off. Councilman Moon asked if there is any kind of construction in front of the hydrant to prevent anything
from running over the hydrant. Officer Kight replied there is no barricade surrounding the hydrant. Mr. Rigby
said a barricade would have to be massive structure to keep a tractor trailer from popping anything over.
Councilman Moon said there should be a small i-beam or small yellow concrete post to sit in front of the
hydrant with signs on all four sides to identify the hydrant and possibly paint the cap so it glows in the dark.

Harold Cochran made a motion to require Mr. Rigby to reimburse the City in the amount of $822.50; Leila
Turner seconded, and passed unanimously.

NEW BUSINESS
CONFERENCE CENTER – Miranda Roberts, Director of the Conference Center submitted price increases
across the board for all meeting spaces in accordance with industry standards as well as similar venues in
our area.

Fred Evans made a motion to approve the request for prices increases; Harold Cochran seconded, and
passed unanimously.

WATER RATE STUDY – Kathy Stege, Stantec Engineering has completed the water and sewage rate study
to present the findings at a work session so the Council will be able to make a decision at the March Council
Meeting. A. J. Welch introduced Kathy Stege with Stantec Engineering, who are the engineers the Council
requested to do an evaluation of the water rates and she will give a presentation concerning their
recommendations. Mr. Welch has put together a document to give the Council some comparisons to make
decisions concerning the rates for water and sewer and the impact and connection fees.

Kathy Stege advised the Council the water and sewer fund has been loosing and it has been supplemented
with SPLOST funds and this needs to be changed. The study Stantec has done was reciprocated because
the Metro-Georgia Planning District requires a rate study. They require that the City’s rates have a certain
format. They actually have formulas that show what kind of user has to be covered by certain rates. What
she has created is a document with Mr. Welch’s help and review. It gives the City a good background to
stand behind the changes that Stantec purpose the City make. It is sort of inevitable; the City is required to
make the changes. The difference is when the City does the rate evaluation it puts the City more in line with
what Henry County is charging for their rates. If the City puts something like that in place, it can be tweaked
here and there a little bit but if the City gets up in that range, the City will be a lot better off. One of the
requirements is that the base rate does not include any water use at all.

Ms. Stege understands that the Council is very concerned to protect the poor, the aged and make sure their
water rates are not too expensive. During this evaluation, they discovered that the City sells about half of
their water to twenty (20) large users. A lot of the City’s poor and aged live in apartment complexes that are
on master meters that are some of the City’s largest users. The data that the City has does not support that
poor people use the smallest amount of water because they are scattered among all the different users. It is
important to put legally defensible fair scientifically developed rates in place. The City needs to work to keep
these rates in place as long as possible for everybody. What the City’s base rate is $8.88 right now for water
and sewer and it should be $7.40 and it sounds like less money but what you have to remember is the current
base rate includes 3,000 and her rates do not. So when you add in the 3,000 gallons your minimal users bill
will go up, irrigation users goes up, apartment complex users goes up, every ones bill goes up is what she is
saying. You have to generate more money and because the City has to generate more money and what
they did not do is place the burden on any one group in an inequitable way.
The commercial rate should be somewhere in the middle because the commercial people have a tendency
to use about the same amount of water year round. The legal justification for putting the high rates on
someone is to encourage conservation. Conservation is for irrigation and the commercial users don’t
significantly do that and their rates stay on the low to midrange. Irrigation users get charged higher rates.

The City is planning to serve growth and will have to put in very expensive sewer system improvements on
the west side of town. It is importation that the system starts accumulating money so the City does not end
up with a lot of debt service. The way impact fees are designed is they pay their share of growth. The impact
fees are shown to also go up significantly and the Council has a choice of how much they want to incorporate
because she calculated it two (2) different ways. One way is where you just look what people are actually
paying now for their fair share of the current infrastructure and the other is the capital improvements plan that
is already in place and include those costs in the impact fees. The Council has choices and that is why Mr.
Welch is here to give advice regarding these choices.

Mr. Welch advised the Council that in the documents he distributed gives a little history to let you see where
you stand right now. He proceeded to review the documents with the Council. Mr. Welch stated that what
Ms. Stege recommends is a well thought out fair type of assessment and basically the more water you use
the more you pay for. It is based to be fair and distributive across the entire City. On page two is what Henry
County Water and Sewer Authority charges and their fiscal year is October. Henry County has the base rate
built into their 0 to 3,000 and that’s $15.07. Ms. Stege is right, once you adopt a break-out on this, the City
would have a base rate that would be set and then the City would have a 0 to 3,000 assuming the City adopts
the Water Authority rates.

Mr. Welch said the Water and Sewer Authority charges the same amount for sewer as for water, in other
words, dollar for dollar. Ms. Stege has come up with a different rate and the reason for that rate is it cost the
City more to process wastewater than it does to process water that we either purchase or water the City takes
from wells and purifies and sells to the customer.

It is important that the City segregate the cost of a tap-on fee. Tap-on fees are not impact fees and can go
into the general operating fund for the Water and Sewer Department. Impact fees are required to be held in
the escrow account and can only be used for designated purposes, capital improvement, payment for debts,
etc. The City setup the impact fee requirement fourteen years ago and that was to make sure the system
was not operating on impact fees but was operating on the user fees. There has not been any substantial
raise except for the amount passed on for water we purchased from the Water Authority in the City’s rates
for about fourteen years. Mrs. Stege has recommended impact fees for water and sewer shown on Page 6
of her report. The water impact fee would be $950.00 and over a five (5) year period it would be $1,333.
Based on current assets, the sewer impact fee should be $1,670 and $1,840 over a five (5) year period. If
the west side improvements are added now it would get the impact fee so unmanageable dollar wise, it would
stifle the City. This was not added on but it is included in the calculation and in her report.
Mr. Welch advised the Council that the report includes Henry County rates, etc. It is their recommendation
that the City should follow the Water Authority rates for three reasons. One is it keeps us consistent with
what the authority is charging and everyone in the City would be charged the same rate. If we don’t then we
will have some customers paying one rate to the Water Authority, the City doesn’t get any part of it, but they
will be paying one rate to the Water Authority and another group of people in the City paying a different rate.
It could be less in some cases and it could be more in other cases. Their recommendation is that the City go
with the Water Authority’s rates and as they correct their rates, we would automatically correct rates. It would
be a pass through item.

As far as the impact fees are concerned, the City is different from the Authority, the City doesn’t have near
the customers or debt they have but the City has differences in dealing with the City’s water and sewer.
Everyone needs to understand that sooner or later the City will have to increase capacity at the sewer plant.
We presently have a direct discharge into Brushy Creek. We have been told that for the City to continue
direct discharge with an expansion we have to go to Cotton Indian Creek and it will require a higher
purification of wastewater discharged into the creek. It is their recommendation that water and sewer impact
fees be based upon Steven and Palmers calculations for capital improvements because it is basically the
middle ground between Ms. Stege’s study and the outside study and we don’t think it overly burdensome and
it will be in range of the Henry County Water and Sewer Authority but we will be higher regardless. Mr.Welch
and Kathy Stege have spent a lot of time working on this report and what they are trying to do is give the
Council as much information as possible and Ms. Stege’s report is excellent. The City is required to have
this study in order to collect impact fees and the report is very well prepared and if anyone argues of the legal
issues it is very defensible.

Mayor Kelley suggested the Council table this matter for another month to give the Council more time to
review the study. He explained that the City has low income customers and he suggested that there be a
program based upon proper documents showing their income the City could give some adjustment. Mr.
Welch replied that the City could make adjustments, setup payment schedules and help people who have a
legitimate need. Mayor Kelley stated that’s the reason the rates have been kept low to assist the elderly, etc.
and keep the rates low for everyone is not the answer.

ORDINANCE – To amend Section 6.04.040 of the Code of Ordinance which provides for Water and Sewer
Rates. Tabled

ORDINANCE – To amend Section 6.08.030 of the Code of Ordinances which provides for the collection of
Water Connection Fees. Tabled

ORDINANCE – To amend Section 6.12.090 of the Code of Ordinance which provides for the Collection of
Sewer Connection Fees. Tabled
Fred Evans made a motion to table; Leila Turner seconded, and passed unanimously.

SIZEMORE GROUP – Pete Morley said he and Jim Connolly were present to give the City Council and
update on the design plan for the new City Hall. They gave an update on the site plans first.

Jim Connolly presented the first site plan which included the Meeks’ property in the Town Center. The second
site plan they presented the Town Center without the Meeks’ property included. Because of the contours of
the Meeks’ property and the City property at the final grade, retaining walls will have to be built adjacent to
the Meeks’ property to the east, north, and west property lines. Beginning fifteen (15) feet north of North
Henry Boulevard, the fifteen (15) is the clear zone by the Georgia Department of Transportation. You can’t
put a retaining wall within the fifteen feet clear zone for safety. The retain wall will vary in height from four
(4’) feet to fourteen foot four inches (14’4”) tall is the floor to floor height from the bottom floor to the upper
floor. There will be retaining walls round this section. In the revised plans, the town green gets smaller. It
goes from 6.6 acres to 6.1 acres. They had to reconfigure the circulation to get to the parking area.

A. J. Welch advised that Council that to go along with that report he has two resolutions for the Council to
consider. One is that the City still has an appeal mechanism that they could appeal the decision of the Court
of Appeals which upheld Judge McGariety’s ruling in the case to the Supreme Court. If the Council wishes
to appeal he will need authorization tonight to do that so it could be filed first thing in the morning. If the
Council decides they do not want to go any further with any appeals, then the Council will adopt a resolution
saying you do not want to go further with any appeals.

Fred Evans made a motion to not appeal the court ruling; W. A. Gardner seconded, and passed unanimously.

AMEND THE URBAN REDEVELOPMENT PLAN - A. J. Welch advised the Council that they will need to
amend the Urban Redevelopment Plan. The original plan called for the use of the Meeks property for the
City Hall, parking facility, green space and other public property that was shown by the first drawing presented
by Jim Connolly. The Plan would be amended to show the second drawing excluding the Meeks property
would become the Plan for the City. This resolution would accomplish that purpose since the Council is not
going forward with the appeal on the Meeks property.

Fred Evans made a motion to adopt the resolution to amend the Urban Redevelopment Plan; Steve Moon
seconded, and passed unanimously.

GRAMM PROPERTY, EAST ATLANTA ROAD - A. J. Welch reminded the Council they voted to
recommend to the Urban Redevelopment Agency that they terminate the condemnation action on the Gramm
Property on Saturday, February 3, 2007. The Urban Redevelopment Agency convened on Monday morning,
February 5, 2007 and adopted a resolution authorizing the Council terminate the acquisition of the Gramm
Property to re-convey the property to Mrs. Gramm and collect the funds that have been previously paid to
Mrs. Gramm for her property less what funds that we may owe her under the laws of the State of Georgia.
The documents were approved and filed with the court. Today, we have received a notice that she is asking
for reconsideration that the dismissal be set aside. We will have a hearing concerning that particular part.

HORVATH PROPERTY, EAST ATLANTA ROAD - As to the Horvath Property, the Urban Redevelopment
Agency started condemnation proceedings concerning the Horvath Property and the Horvath's objected to
the condemnation. In November, 2006 the voters of the State of Georgia amended the existing Constitution
of the State of Georgia that significantly limited the condemnation powers and finance powers that was
granted by the Constitution to take those powers away. As a result of that, Mr. Horvath's lawyers filed a
motion to have that suite dismissed on the basis of the approval of the Constitutional Amendment. On
February 6, 2007, Judge McGarity entered an order granting their motion. The resolution recommends to
the agency that they not appeal the decision of the Superior Court in that case. It is the recommendation of
staff that the Council approve the resolution and it will be presented to the Urban Redevelopment Agency
not to appeal the Superior Court decision.

Fred Evans made a motion that the Urban Redevelopment Agency not appeal the Superior Court decision;
W. A. Gardner seconded, and passed unanimously.

PETE MORLEY, SIZEMORE GROUP, gave an update on the Town Center Project. They have completed
the design development work on the project. Obviously they had a little work in terms of putting together the
site redesign. They have had a lot of conversation with the cost consultants over the last couple of days
trying to pull everything together. They don't have the formal numbers typed up but it appears that we are
still on budget for Phase I and based on the previous meeting last month, they asked for a two week extension
to revisit the site but they are still on track to get the construction drawings done by mid-April to get the project
out for bids. At this point and time he would like to get formal approval to move forward with the construction
drawings. Ted Strickland has a copy of the design/development drawings and the Council are welcome to
review them and if you have any questions, Ted will get those comments to him.

Fred Evans made a motion to give Sizemore Group authority to move ahead with the project; Steve Moon
seconded, and passed unanimously.

EAST/WEST/NORTH/SOUTH BYPASSES - A. J. Welch obtained quotes from the engineering company
who is doing most of Henry County's drawings that are submitted to Georgia Department of Transportation
for their approval concerning contribution. We received those figures and gave them to the Council in
December. This information was discussed with Mayor Kelley several days ago and he came up with a point
that we have not followed and it's up to the Council to give him some directions. The recommendation was
that we get with our new commissioner and explain to him what and why we are trying to do it and see if
Henry County would not contribute to that plan also because everyone in the County will benefit if we get the
bypasses put in. No additional comments were made regarding this matter.

JIM COOK, JHC CORPORATION, PEACHTREE CITY, GEORGIA - Mayor Kelley stated that Mr. Cook
wishes to discuss the concrete cap and rail above the wall in front of the Stockbridge Elementary School.
Mayor Kelley stated that the wall has developed some serious cracks before its completion. Mr. Cook said
they do a lot of streetscape and park work. The plan called for pre-cast concrete and since it was concrete
they normally do form casting in place on site. They have to saw control joints every ten (10) or twenty (20)
feet, whatever the plan calls for. The cap is reinforced with re-bar. His superintendent on site failed to cut
control joints through the re-bar so when it got real cold, the entire length of the wall tried to shrink and
straighten out it caused hairline cracks throughout the length of the wall causing twenty (20) or thirty (30).

Mayor Kelley asked if the plans called for pre-cast concrete cap and someone decided they were not going
to do this that they were going to pour the concrete caps. Mr. Cook said his employees were not suppose to
do that, they were suppose to follow the plans but they did not but it still a common application. It's not
something they were trying to short change the City on. They have cut the control joints and everything has
gone back like it was suppose to but we still have hairline cracks. The architects are concerned may cause
future problems with the wall caps. What they propose is a coating product that is used for restoring
sidewalks.

Pete Moreley with Sizemore Group stated that this product is a horizontal polymer enhanced re-surfacer.
Sizemore has not worked with this product but they understand from discussions with the manufacturer it is
a product similar to 6,000 PSI concrete. It is suppose to be of the durability of concrete. This seems like a
valid concept for a fix. The contractor made an error in not following the construction drawing. The City does
have within their means the ability to remove the entire cap and get a pre-cast cap. All parties involved agree
this could cause problems that the City might not want with the wall. Potential cracking in the wall, potential
water infiltration in the wall and if that happens then the mortar in the face of the wall might not match. They
recommend the Council be cautions with the product and have some escrow to protect the City if they go
with the re-surfacer. The product is used for resurfacing sidewalks and streets in high traffic areas; whereas,
this is not a high traffic area but a cap for a retaining wall.

Mayor Kelley asked if this product will be used to cover the existing cap. Mr. Moreley said if there are any
cracks larger than one thirty seconds, they will proxy inject those to stabilize any cracks but he does not
believe that are any cracks that size. Mr. Welch stated that under Mr. Cook's contract he would have a one
year warranty for materials and labor after the date of completion and acceptance of the project. The Council
could set up a retention fund that would cover at least enough money to replace it one more time. He suggest
the City find out what the real warranty is on the product and if the warranty is substantial, most warranties
only cover the real product and the most expense we would have is labor. The Council could extend his
warranty for a reasonable time and make sure we have enough money retained to cover the labor during that
warranty period and the manufacturer is going to give the City. That would require the money to be set aside
in an interest bearing account and hold it for that purpose which would be another line item in the budget or
pay it into the general budge and realize that the City may have to come out of pocket some years later. Mr.
Welch can draw the documents that will protect the City as much as possible. Mr. Welch will need the
warranty information from the manufacturer about the product and look at his performance bond and get a
real good estimate from our engineers and architects on what the cost to replace would be and add some
type of reasonable escalation factor to that for inflation. If Mr. Cook will give us a reasonable figure, Mr.
Welch will draw a contract and then go ahead with the proposal that the architects recommended.

Ted Strickland pointed out that several months ago Mr. Cook agreed to paint the hand rail on top of the wall.
Mr. Cook responded that he will paint the rail if need be but he was given a big pill today regarding the wall
cap. Mr. Cook said consider it added in there.

Jim Connolly advised the Council that Sizemore has accrued additional fees outside the scope of their
contract which ended September 16, 2006 but because of this problem it has caused Sizemore to accrue a
lot of additional fees. When the programs ends, Sizemore will bill JHC directly for the fees accrued and the
City will not have to pay additional money for this mistake.

Mr. Cook stated the painting of the hand rails was not in the original drawings. This is a specified DOT
handrail per their specifications. There are two options available since the handrail is in place. Considering
City Hall will be across the street, the paint can be matched to blend aesthetically with City Hall and it would
tie the two together. He pointed out there is no need to do this because it is per GDOT specifications. Mr.
Strickland said it should be electrostatically painted. Mr. Cook explained that electros will be put on the
handrail and when the paint is sprayed on the handrail it will draw the paint to the handrail. It provides a
more even finish and will not spray paint on the wall. If we are going to paint the handrail this is the best
method.

It was pointed out the delay in finishing the project is because of waiting for Georgia Power to remove the
telephone poles in the middle of the project. Mr. Strickland stated that there are eight lights that are being
put in the project and somehow they overlooked eight lights and only put in six (6). Georgia Power will come
back and mover the last two (2) poles. Mr. Morley stated that they will meet with Georgia Power on the Site
on Wednesday and he understands the crossing of wires that were not picked up on the plans has caused
the delay.

Fred Evans made a motion to authorize A. J. Welch to prepare a contract with JHC Corporation regarding
repair of the concrete cap on the wall in front of the Stockbridge Elementary School; Leila Turner seconded,
and passed unanimously.
RESOLUTION - SMITH BARNES SEWAGE PUMP STATION – A. J. Welch advised the Council that he was
sent documents to prepare a resolution to authorize Mayor Kelley to sign the resolution authorizing Stevenson
& Palmer Engineering, Inc. to install a new Flight submersible pump at the Smith Barnes pump station in the
amount of $47,108.00.

Mr. Strickland said we have had problems with the pump station for several years and the Council approve
approximately $140,000 several months ago to start moving on this project.

Fred Evans made a motion to adopt the resolution authorizing Mayor Kelley and Clerk to sign documents;
Leila Turner seconded, and passed unanimously.

ORDINANCE – REMOVAL OF ILLEGALLY PARKED VEHICLES - Mr. Welch advised the Council that if a
vehicle is stopped on the roadway and is disabled, we can immediately tow the vehicle and charge the
impound fee. Whether part or all of the vehicle in on the pavement itself that is being used for vehicle travel.

The second case is where a person parks a car on the right of way that creates a safety such as oil running
out of the vehicle into the ditch that creates problems as far as the City's water protection is concerned, we
would be able to haul those vehicles immediately. If it's just a disabled vehicle the police or code enforcement
could site the vehicle, put a notice on it and after twelve (12) hours have it pulled from the right-of-way. We
are doing this quicker than the state would on interstate highways mainly because we have more traffic and
more congestion and more people pulling off and getting onto City streets. That is the recommendation that
the Council go with those and the ordinance prepared. Terry Kight, Code Enforcement Office needs this to
be put in place to deal with problems she is having with illegal parking of vehicle on rights-of-way.

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

PARKING REGULATIONS FOR COMMERCIAL VEHICLES ORDINANCE - Mr. Welch stated that this
ordinance would regulate parking in certain designated areas and the problem we are having is we passed
an ordinance to stop tractors and trailers from parking in motels and other commercial areas but they are
now unhooking the trailer and pulling in with the tractor and parking those. The property owner would have
to have a designated place for them to park. They would have to be an overnight guest, and pay as an
overnight guest for a regular amount for a room where they couldn't just go park and charge a dollar and say
they are registered there. They could not operate or take orders through the motel for dispatching. We
cannot prevent someone from calling in and telling the person in the room to go to a certain location but we
can stop them from directly dispatching from the motel headquarters themselves. It is his recommendation
to approve this ordinance and then it's up to the property owner, if they want them, they have to designate it,
they have to clearly mark the parking area and comply with the other regulations of the ordinance.
Fred Evans made a motion to approve; Leila Turner seconded, and passed unanimously.

AGREEMENT – To authorize the City of Stockbridge to apply biosolids land application to property owned
by Bryan Shockley and to authorize Mayor Kelley to sign the agreement on behalf of the City of Stockbridge.

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

AGREEMENT – To authorize the City of Stockbridge to apply biosolids land application to property owned
by Tommy Floyd and to authorize Mayor Kelley to sign the agreement on behalf of the City of Stockbridge.

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

CONSTANCE M. WALLACE, 146 OAK CIRCLE SOUTH, sent a written request for the Mayor and Council
to consider a senior citizen water discount at their February meeting. Mayor Kelley will notify Ms. Wallace
that the Council is considering a plan that will help senior citizens with their water bills.

Harold Cochran made a motion to table; Leila Turner seconded, and passed unanimously.

KEVIN WHITE, 1589 GALLUP DRIVE, requested a home occupation license to operate a cleaning service.
Mr. White failed to appear and the Council denied his request.

Harold Cochran made a motion to deny Mr. White's request; Fred Evans seconded and passed unanimously.

KELLEY CORPENING, PEACHTREE MUSIC - Mr. Corpening asked the Council to continue music in the
park for another season. He also asked if it could be extended from April, 2007 through October, 2007.

Fred Evans made a motion to approve; Steve Moon seconded, and passed unanimously.
PROCLAMATION – Mayor Kelley announced that February 16, 2007 as Arbor Day and if anyone would like
to plant seedlings they will be available at Nash farm on Jonesboro Road.

Harold Cochran made a motion to proclaim February 16, 2007 as Arbor Day; Leila Turner seconded, and
passed unanimously.

BIDS:

2 power edgers

Fred Evans made a motion to go with low bid from Toney - $671.00; Leila Turner seconded, and passed
unanimously.

20 Weedeaters

Fred Evans made a motion to go with low bid from Tony's - $6,719.80; Leila Turner seconded, and passed
unanimously.

4 Riding mowers

Harold Cochran made a motion to go with low bid from Snappers - $4,400; Leila Turner seconded, and
passed unanimously.

4 Chain saws

Fred Evans made a motion to go with low bid from Parkway - $1,400; Steve Moon seconded, and passed
unanimously.

6 Leaf blowers
Steve Moon made a motion to go with low bid from Campbell Equipment - $2,394 Fred Evans seconded, and
passed unanimously.

2 Power saws

Steve Moon made a motion to go with low bid from Campbell Equipment - $1,974.92 - Leila Turner seconded,
and passed unanimously.

EXECUTIVE SESSION

To discuss personnel matters, pending and potential litigation.

Steve Moon made a motion to go into adjourn regular session; Leila Turner seconded, passed unanimously.

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

Fred Evans made a motion to close Executive Session; Steve Moon seconded, passed unanimously.

Fred Evans made a motion to reconvene Regular Session; Steve Moon seconded, passed unanimously.

Harold Cochran made a motion to adjourn; Steve Moon seconded, passed unanimously. Meeting adjourned
at 7:45 P. M.
Respectfully submitted,

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