---
date: 2006-01-09
title: January 9, 2006 Minutes
source: 2006-01/2006-01-09_January 9, 2006_Minutes.pdf
pages: 1
---

January 9, 2006
CITY OF STOCKBRIDIGE MINUTES
HENRY COUNTY, GEORGIA JANUARY 9, 2006

The Regular Meeting of the Stockbridge City Council was held on January 9, 2006 at 6:00 P. M. Mayor R.
G. Kelley presided and members present were Harold Cochran, Fred Evans, W.A.Gardner, Steve Moon and
Leila Turner.

Mayor R. G. Kelley, Councilman Harold Cochran and Councilman W. A. Gardner were sworn-in for four year
terms each and Leila Turner was sworn-in for the two year unexpired term of Fletcher Turner.

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

Steve Moon gave the invocation.

Fred Evans made a motion to approve minutes of December 12, 15, 19, 2005 and January 3, 2006
Stockbridge City Council Meetings; W. A. Gardner seconded, and passed unanimously.

Mayor Kelley welcomed guests.

Mayor Kelley appointed the same Council Members to serve on the Mayor’s Committees for 2006.

The Council elected Steve Moon to serve as Mayor Pro Tem. Harold Cochran made a motion to approve;
Fred Evans seconded and passed unanimously.

Mayor Kelley recommended the following appointments:

A.J.Welch, City Attorney - Fred Evans made a motion to approve; SteveMoon seconded, and passed
unanimously.
Ernest Blount, Judge – Steve Moon made a motion to approve; Fred Evans seconded, and passed
unanimously.

Donald Patten, Solicitor – Steve Moon made a motion to approve; Fred Evans seconded, and passed
unanimously.

Merle Manders, City Clerk – Fred Evans made a motion to approve; Leila Turner seconded, and passed
unanimously.

Nancy Brown, Deputy Clerk – Steve Moon made a motion to approve; Leila Turner seconded, and passed
unanimously.

Ted Strickland, City Manager- Fred Evans made a motion to approve; Harold Cochran seconded, and passed
unanimously.

Kay Pippin and Sarah Robbins Henry County Chamber of Commerce/Convention & Visitors Bureau to give
a report on 2005 accomplishments and presented the 2006 budget.

NEW BUSINESS

URBAN REDEVELOPMENT AGENCY’S REPORT (This item was moved to the end of the Agenda to
discuss pending litigation and personnel matters in Executive Session.)

PINE GROVE COMMUNITY AMENDMENT TO DEVELOPMENT AGREEMENT. A. J. Welch asked the
Council to authorize an amendment to the Development Agreement that was entered into between the City
and Pine Grove Community. This was the community that is developing on both sides of the railroad tracks
off East Atlanta Road and Stagecoach Road where Knight is developing. This agreement was entered into
in December, 2001. Under the provisions of the agreement, the residential structures would have been
1,600, 1,700, and 1.800 square foot minimums with brick accents.

There was a requirement in the agreement concerning the development of the commercial properties. The
owners of the properties have advised Ted Strickland and me that they have had extreme difficulty in getting
the commercial property going because they do not have enough roof tops in that particular area to make
the commercial go at this time. In light of the commercial spaces that they have vacant at Publix shopping
center and other areas of the downtown area, the timing is not right to develop additional commercial areas
at this time. Hopefully this will be improved with the revitalization plan that has been approved by the Council
and the Urban Redevelopment Plan that commercial will come to this particular area.

There have been a series of negotiations with the owners of the property and for the Knight property that is
on the west side of the railroad tracts, they have agreed to increase the size of their homes to one-third 2,400;
one-third 2,600; and one-third 2,800 with one-half of the structures being built on the front with all brick, stone
or stucco or any combination thereof. The remaining one-half of the homes being built with fifty percent of
the accent being brick or stone.

As far as the Whiddon side of the railroad tract is concerned, they have agreed to increase the size of their
homes to 1,800; 2,000; and 2,200. If the Council will recall, this part of the development included townhome
and cluster homes. They have agreed to give up the townhomes. There will be no more than 347 lots in the
two developments combined which is what the Council approved in the beginning. The structures will be
brick, stone or stucco on the front for one-third; one-third accent that will be at least fifty-percent brick or
stone; one-third will be hardy board. Both developments are giving up the vinyl siding except for the soffits.
Mr.Strickland and Mr. Welch believe these are sufficient improvements. Each builder has also agreed to pay
$20,000 for the traffic light that was installed at Davis Road and Highway 42 and that was one of the
requirements of the Development Agreement and they are ready to pay that immediately. Mr. Strickland and
Mr. Welch recommends strongly to authorize them to go forward with this change and authorize the Mayor
and Clerk to sign the amendment.

The question was asked about the commercial. The property will stay zoned commercial, not any of the
zoning will be changed but just the type of construction and allowing the people to go forward and finish the
residential development.

The land plan shows commercial zoning on the east side of East Atlanta Road. Mr. Whiddon will ask for
commercial zoning for the two tracts of land he owns on the east side of East Atlanta Road.

Mr. Welch and Mr. Strickland recommend with Mr. Whiddon’s word that he will go forward with the rezoning
that the Council authorize the amendment be amended as stated.

Steve Moon made a motion to amend the Development Agreement as stated; W. A. Gardner seconded, and
passed unanimously.
Fred Evans made a motion to authorize the Mayor and Clerk to sign Resolution; Leila Turner seconded, and
passed unanimously.

WASTEWATER TREATMENT EXTENTION – Mayor Kelley introduced Bill White, City Engineer, Stevenson
and Palmer Engineering, Inc. to give a presentation on the preliminary planning for wastewater treatment
capacity for the future.

Mr. White stated that he was presenting the second step of a multi-step process over a five year process to
increase the wastewater treatment capacity. The first step was accomplished last year and that was sending
in request to Environmental Protection Division of the Environmental Protection Agency to get a waste load
allocation; which is to get the affluent limits to discharge to a stream at various flow capacities.

Mr. White requested two different flows 3.5 MGD and 2.25 MGD and anything between at the same location
at Little Cotton Indian Creek near Old Conyers Road. The larger flow will be a joint project which the treatment
plant would serve unincorporated Henry County or a portion of it. It would be some type of joint project with
the Henry County Water and Sewer Authority. The larger flow anticipates that. The smaller flow of 2.25
would anticipate that it would be a City owned plant without a joint project. That is the first step and we have
received affluent limits for those two flows.

The next step in the process is an “Antidegradation Review” and he is proposing two agreements. One is to
gauge us to co-ordinate with the Henry County Water and Sewer Authority on the larger project with a budget
of $7,500.

The second step is to do the antidegradation on the City owned smaller plant with a budget of $18,000 for
the engineering report.

Mayor Kelley said the Council knew this was coming because the City is growing faster than anticipated. The
last time the plant was increase it was going to last a lot longer. The plant was increased in 1991 and it
doesn’t seem like it’s been that long.

Mr. Welch asked Mr. White when he plans to ask for state revolving funds. Mr. White responded that you
don’t want to apply too early because the proper planning has to be done and that should be about a year
from now. Mr. Welch stated there have been changes in the funding of GEFA the last few years and we
need to keep an eye on that to make sure we don’t get left out in the funding of it. This will be State Revolving
Funds (SRF) low interest loan which is ninety percent federally funded and ten percent state funded.
Mr. White informed the Council that the antidegradation is basically a report to prove that it would be more
feasible to do a discharge rather than land application even though land out here wouldn’t be cost prohibited
to do land application. It would require a study of this alternative rather than land application. We would
have to get EPD’s concurrence on that and then do actual planning for design and development report. You
have to have the design and development report approved before they will seriously consider the SRF loan.
We would apply for the SRF about the same time we are doing the DDR that’s about six months or a year
from now.

No motion was made to authorize the Mayor and Clerk to sign the two agreements.

DAY CARE CENTERS – A. J. Welch presented a resolution authorizing legal staff to present the day care
amendments for the zoning to the Henry County Zoning Board and recommends Council’s approval.

Harold Cochran made a motion to adopt Resolution authorizing City Attorney to present amendments to
Henry County Planning and Zoning; W. A. Gardner seconded, and passed unanimously.

TOWN CENTER REALITIES, LLC., TINA MORROW – A. J. Welch stated that Town Center Realities has
made a request for payment of bills. We are evaluating those claims now and should have it resolved
hopefully this week. The agreement is being reviewed and no decision is required of the Council at this
meeting.
IREWORKS ORDINANCE – The Council has had several requests to amend this ordinance to remove
sparklers. The ordinance has been prepared to that affect and staff recommends the Council adopt the
amendment.

Fred Evans made a motion to approve amendment to Fireworks Ordinance; Steve Moon seconded, and
passed unanimously.

SABEEN SHELL, OWNER, SHELL FOOD MART, 2240 HIGHWAY 42, requested a license to sell beer and
wine at this location. The application, background check and supporting documents meet the requirements
of the ordinance.

Harold Cochran made a motion to approve; Steve Moon seconded, and passed unanimously.
ABDULALI M. KESHOAKAR, OWNER, AKA FOOD MART, INC., 5047 NORTH HENRY BOULEVARD,
requested a license to sell beer and wine at this location. The application, background check and supporting
documents meet the requirements of the ordinance.

Fred Evans made a motion to approve; Steve Moon seconded, and passed unanimously.

BIDS FOR TRUCK WITH EXTENDED CAB: For Code Enforcement Officer

Allan Vigil Ford, Morrow ……………………………………………..$15,025.00
2006 Ford Ranger- Super Cab XLT

Legacy Ford Mercury…………………………………………………..$15,256.00
2006 Ford Ranger XLT Super Cab

Gene Evans Ford Fleet Department………………………………$15,733.00
2006 XLT Super cab w/4-door

Bellamy-Strickland Chevrolet………………………………………. $20,105.00
2006 Retail Chevrolet Colorado Ext Cab

Fred Evans made a motion to approve bid from Allan Vigil Ford; seconded by Leila Turner, and passed
unanimously.

STREETSCAPE PROJECT FOR SOUTH LEE STREET – Mayor Kelley introduced Jim Connley to review
budget and bid results for this project. The bids for the Streetscape came in higher than they anticipated.
There are two options that the City can pursue.

The first Option is to accept the low bid and negotiations and revisions come following the acceptance of this
bid.
The second Option is for the City to reject the bids and re-bid the project.

The Sizemore Group and their engineers who did the initial processing on this reviewed those documents in
trying to figure out where the differences were. Primarily, the differences were in the grading calculations,
the low bid coming in $122,000 more than anticipated. In seeing this, they also looked for other alternatives
that will reduce costs and scope without loosing the integrity of the design. One of the issues they are looking
into further but have not been able to get a response back from the low bidder is regarding the retaining wall
along North Henry Boulevard. There may be some potential savings if we change a Department of
Transportation detail and maybe change the materials on this wall. He could not give an exact figure on that
but what he can give the Council is a figure on another big cost saving if the City doesn’t try to go with this
low bidder. They could reduce the street lights that have been allocated for the project. There are currently
sixteen lights of which eight of them are on South Lee Street and the remainder on North Henry. We could
reduce the number of lights without reducing the integrity of design and reduce it to six lights on North Henry.
The lights would be installed in an alternating pattern with the serpentine wall that will be going in front of the
Stockbridge Elementary School. This would save approximately $106,000 but we are still over budget and
you can see what all of the budget numbers on the document in your packet and all of the issue with it.

Other than that there are some minor changes that can save $10,000 on a traffic light issue.

The grading issue, they don’t have much negotiating on that figure so it’s up to the City Council to decide
whether they wish to pursue an alternate bid or go with the low bid and negotiate from there. He added that
it could go either way, there could be a higher bid but Jack Burnside said that another project he bid at
approximately the same time the same thing happened, the bids came in extremely high and the second time
around the low bidder actually became the high bidder and the numbers dropped dramatically.

Mr. Welch asked how long are the bids open for because normally you place a provision in the bid package
that says your bid is good for sixty or ninety days. If you have that in the package, if you don’t like the bids
you re-bid them. Bids still remain open and if you get a better bid on the second go round, you take it. If you
don’t you fall back to the first low bid. You are not rejecting the bid but what you are doing is holding the bids
and re-advertise and see if we can get better bids. Mr. Connally said that provision is in the package but he
does not know whether it’s sixty or ninety days because Jack Burnside handles that part.

Mr. Welch recommended the Council check and see if we have the right to hold the bids for a long enough
period of time to re-bid the project and see what the new numbers come back lower and if not, pickup the
first bid if done within the time limit. Then the City can re-negotiate or go to the lowest bidder and try to
negotiate with a parameter that’s acceptable to the City. All of this can be done at the same time and the
City can always stop the bidding process if you get a bid from the lowest bidder that’s acceptable to the Mayor
and Council. Instead of negotiating after you accept you negotiate before you accept the bid.
Mr. Welch recommended that the project be re-bid but also not reject these but hold the bids and table a
decision and ask him to go back to the lowest bidder and see if he can renegotiate a price that is acceptable
while we are re-bidding the project. Mr. Connelly will check to see if there is enough time remaining to re-bid
the project. Mr. Connelly said that Jack Burnside advised him that the City could not go into negotiations due
to Federal Law on this type of project until you have them under contract. Mr. Welch responded that that
may well be but he has not been asked to look into any of this but he will look into the matter. Mr. Welch
suggested Mr. Burnside and Mr. Connelly have a conference call with him tomorrow and table the matter
tonight with directions to re-bid if the Federal law will allow.

Mr. Welch recommended the motion should state that the Council table the bids that have been offered and
direct that the project be re-advertised. Mr. Burnside, Mr. Connelly and Mr. Welch verify the legality of
pursuing in that matter and if we are we proceed on and if not we come back to the Council.

Steve Moon made a motion to approve Mr. Welch’s recommendation as a motion; Fred Evans seconded,
and passed unanimously.

The following bids were tabled.

JHC Corporation ……………………………………………… ………$777,500.00
1029 Peachtree Parkway N#359
Peachtree City, GA 30269

Lewallen Construction Co……………………………………………$823,500.66
151 Bells Ferry Lane
Marietta, GA 30066-6150

Tople Construction and Engineering, Inc……………………..$662,540.65
792 Donald Lee Hollowell Parkway, NW
Atlanta, GA 30318
BIDS FOR BACKHOE:

Briggs Equipment……………………………………………………….$ 60,820.00
4240 Martin Luther King Drive
Atlanta, GA 30336

Metrac Inc…………………………………………………………………$ 61,900.00
4500 Wendell Drive SW
Atlanta, GA 30336

Central Georgia Equipment Co………….…………………………$ 75,248.00
218 Highway 49 South

Fred Evans made a motion to approve low bid from Briggs Equipment; Leila Turner seconded, and passed
unanimously.

BIDS TO REPAIR FENCE DAMAGED BY FALLEN TREES AND GENERAL MAINTENANCE:

Southside Fence & Building………………………………………. $ 4,500.00
151 Honey Creek Road
McDonough, GA 30252

Joyner Fence Company………………………………………………$ 5,450.00
3451 Highway 42
Stockbridge, GA 30281

Wise Fence Company…………………………………………………$ 6,820.00
1059 Flippen Road
Stockbridge, GA 30281

Fred Evans made a motion to approve low bid from Southside Fence & Building; Harold Cochran seconded,
and passed unanimously.

RESOLUTION – 2005 BUDGET AMENDMENTS for year end adjustments for budget year ending December
31, 2005. Adjustments total $39,105 and these are housekeeping items to cover unforeseen expenses.

Fred Evans made a motion to adopt Resolution amending the 2005 budget; Leila Turner seconded and
passed unanimously.

TYE STREET AND ROSENWALD CIRCLE SIDEWALK PROJECT – SPLOST PROJECT. Mr. Strickland
reminded the Council that several years ago, the City started a sidewalk project on Tye Street. The cost was
too expensive but now the City has SPLOST funds to pay for project like this. He recommended installing
sidewalks on the east side of Tye Street from North Henry Boulevard to Glenn Addy subdivision and one side
of Rosenwald Circle to also be included in this project. He would like to get the City engineers, Stevenson
and Palmer Engineering, to update the information to move forward on the City’s first SPLOST project.

Mayor Kelley reminded the Council that Fletcher Turner had requested the project be done several years
ago and we had so many problems with the easement on such a narrow road and it became too expensive
at the time to continue the project. Mayor Kelley recommended the Council give Mr. Strickland the authority
to move forward with the project.

Steve Moon made a motion to authorize Ted Strickland to get back with the Council with the cost for this
project; Leila Turner seconded, and passed unanimously.

EXECUTIVE SESSION

Fred Evans made a motion to go into Executive Session to discuss pending litigation and personnel matters;
Steve Moon seconded, and passed unanimously.

Fred Evans made a motion to close Executive Session; Steve Moon seconded, and passed unanimously.
Steve Moon made a motion to re-convene the Regular Council Meeting; Leila Turner seconded, and passed
unanimously.

Harold Cochran made a motion to adjourn; Steve Moon seconded, and passed unanimously. Meeting
adjourned at 7:50 P. M.

Respectfully submitted,

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