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date: 2009-03-09
title: March 9, 2009 Minutes
source: 2009-03/2009-03-09_March 9, 2009_Minutes.pdf
pages: 1
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March 9, 2009

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA MARCH 9, 2009

The Regular Meeting of the Stockbridge City Council was held on March 9, 2009 at 6:00 P. M. Mayor R. G.
Kelley presided and members present were Harold Cochran, Fred Evans, Shirley Dabney and Kathryn
Gilbert. W. A. Gardner was not present because of illness.

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

Councilwoman Kathryn Gilbert gave the invocation.

Fred Evans made a motion to approve the minutes of February 9, 2009 Council Meeting; Harold Cochran
seconded, and passed unanimously.

Mayor R. G. Kelley welcomed guests. Mayor Kelley gave an update on Councilman Gardner’s recent illness
and informed everyone that he is home from the hospital and is doing well. He is expected to be at the April
meeting.

PLANNING AND ZONING

FLETCHER MARSHALL – 110 BOWEN STREET – requested a variance to keep an existing detached
accessory structure that is currently 977 square feet located within an R-3 (Medium/High Density Single-
Family Residential) zoning district.

Ray Gibson, Director, Henry County Planning and Zoning, advised that this request is for a variance of
property at 110 Bowen Street. There is a lot of history to this piece of property. It came to the Planning and
Zoning Department about one year ago. The outcome of staff comments on allowing a non-conforming
structure in the rear of their property be a detached non-conforming accessory structure. The current code
for the City of Stockbridge allows a 525 square foot structure and currently the structure is 977 square feet.
Planning and Zoning Department has recommended denial on this variance request.
Mayor Kelley said he thinks there is a pending court case regarding this matter and the Council should not
discuss any of the court case. We either grant or deny the variance. A. J. Welch, City Attorney, advised
the Council they should limit any comments or questions as to whether or not the variance should be granted
and not the pending court case. It should be voted up or down. Ray Gibson stated that the big question for
Planning and Zoning is there were no permits issued for this structure so he can’t comment on the actual
date of when it was constructed.

Councilman Evans asked if there were any building permits issued. Ray Gibson responded there are no
building permits on record with Henry County.

Fred Evans made a motion to deny the request; Harold Cochran seconded.

Mr. Welch stated that this is a Variance Request and the Council has their motion and second and they must
ask whether the property owner has any questions.

Ed Downs, attorney for Fletcher Marshall, said first of all he wanted to give the Council copies of a petition
that Mr. Marshall had his neighbors sign. The original petition was given to the clerk for the City’s records.
Mr. Downs advised the Council that they would be given a copy of the petition and he stated that the petition
relates to Mr. Marshall’s property from his neighbors around him with respect to the property. Originally, it
shows that none of the neighbors have any issues, whatsoever, with these changes as they have been
viewed. They are not really changes, they pre-existed the ordinance and the condition of his property as it
now stands.

Mr. Downs distributed a copy of a “Narrative in Support of Variance” so each of the Council would have a
copy. Mr. Welch asked Mr. Downs if this contains anything about the pending court case. Mr. Downs
responded that there is one comment about a matter pending with Officer Terry Kight insinuating the garage
is non-conforming in the narrative.

Mr. Downs advised the Council that he briefly wanted to point out that in June 1986 Mr. Fletcher Marshall
purchased real property located at 110 Bowen Street, in the City of Stockbridge. At that time, the property
included a two-bedroom home with a sizeable backyard and swimming pool.

Nearly a year later, Mr. Marshall with the help of several friends and his son, Jeffrey, who was 15 years old
at the time, built a garage in the rear of the property. That was April 1987. Construction of the garage was
legal at the time, with no offense to the City ordinances; there were no ordinances that would have impacted
this.
In the following year, the City of Stockbridge passed an ordinance that outlawed accessory structures larger
than 525 square feet in his residential district dated September 6, 1988. However, said ordinance was passed
after Mr. Fletcher Marshall built his garage. He pointed out just for the sake of the law, the U.S. and Georgia
Constitutions and local ordinances in this case would have protected pre-existing use of the property under
these circumstances.

The City of Stockbridge never made any mention of the ordinance or any attempt to enforce same until
January 25, 2008 well after Mr. Marshall had legally used and enjoyed the garage for more than 21 years.
The City of Stockbridge threatens the destruction of Mr. Marshall's garage after he has used it for nearly a
quarter century.

The City of Stockbridge and Henry County, through Officer Terry Kight, contend that the garage is non-
conforming and is not "in harmony with the purpose or the intent" of the ordinances, respectively.

Specifically, Mr. Marshall submits for consideration the following:

(1) Belated actions by the City of Stockbridge and Henry County deprive Mr. Marshall of Due
Process rights under the 14th Amendment of the U.S. Constitution and Article I of the Georgia
Constitution;

(2) Mr. Marshall's 1987 construction of the garage was lawful under local ordinances and remains
lawful as built prior to a size restriction on accessory structures in September 1988. See
Troutman v. Aiken, 213 Ga. 55 (1957);

(3) Inactions by the City of Stockbridge and Henry County amounts to Laches, as a matter of fact,
in that Mr. Marshall's use and enjoyment of the garage created a reliance of more than 21
years, which he would suffer an Undue Hardship if destruction of the garage were enforced.
See Springtime, Inc. v. Douglas County, 228 Ga. 753 (1972);

(4) Mr. Marshall's use and enjoyment has never posed any physical or monetary harm to any
neighbor in the residential district in more than 21 years;

(5) Destruction of the garage by City of Stockbridge and Henry County would cause a substantial
loss of value without lawful and reasonable grounds under the circumstances; and

(6) Mr. Marshall's placement of the garage is relatively inconspicuous, sitting at the rear of a
fenced-in backyard, without interference to the neighborhood;

Mr. Marshall requested an affirmative approval of the variance or a decision that recognizes the use of his
property is grandfathered in because it was initiated before restriction of any zoning ordinance.

The petition contains many signatures of neighbors, some of whom are adjacent to the garage, and basically
saying there is no problem whatsoever. Just for the record, he said, the petition states the sign of person
indicates our support of Mr. Marshall’s petition for variance as above stated. Mr. Marshall is a good neighbor
who respects the cleanliness and value of his property and the property of fellow homeowners. The garage
and pool have been on his property for many years and pose no problem to anyone. We, and each of us,
urge that all zoning authorities of Stockbridge approve said variance, without penalty upon Mr. Marshall.

Mr. Downs said that concluded what they have to say and the documents submitted will speak further and
they will try to answer any question if any question be posed. If he can’t answer it, call on Mr. Marshall.

Mr. Welch asked if Mr. Marshall obtained a building permit prior to building the building. Mr. Downs
responded that it was his understanding that a building permit was not obtained. Mr. Welch addressed the
Mayor and Council stating that a recent case of Brannan v. Henry County in which the Supreme Court has
said the defense of Laches does not apply to County ordinance. The lack of enforcement of it, if you were
not legal in the very beginning, then the document of Laches does not apply. His understanding of the law
is that to build anything in the City, as of whatever date that has been there for at least thirty (30) years, says
you have to get a building permit to build anything in the City. Mr. Welch asked Mr. Downs if he has anything
else he wants to add. Mr. Downs responded nothing except he wanted to point out that there was no zoning
ordinance at the time the structure was built. Mr. Welch responded that the City did have a building ordinance,
this is the key. Mr. Welch stated that based upon Mr. Downs’ argument the Council can vote at this time.

Mr. Downs addressed the Council with one other issue on the same issue. He stated he will take no
contention with Mr. Welch concerning his advice to Council about the recent case but he would point out that
the other point set forth in the residue in certain other areas would be worthy of consideration. Including
instruction value; including the first article of the Georgia Constitution and the fifth amendment of the U. S.
Constitution about the taking of property which may or may not have been done with the due process of law
or may or may not have been done with a reasonable manner. There are other considerations above and
beyond issues (this portion of the minutes are not audible) aware of which have legal constitutional
implications.

Mr. Welch advised the Council that Mr. Downs is not arguing with the Council or anyone; he is simply having
to state that because the law requires him to make that statement to the Council in the event the Council
votes against his client, he would have put you on notice is what he is doing and that is appropriate on his
part so don’t consider him to be arguing with the Council. He is doing what he is supposed to do as a lawyer.

Mayor Kelley asked if there are any other questions.

Mr. Welch reminded the Council that they have a motion and a second on the floor and the appropriate call
is for the question after they have had an opportunity to present their matters.
Mayor Kelley said he has a motion and a second for denial; the vote was for denial by 4-0 votes.

FINANCE AND PROCUREMENT ORDINANCE – To amend Title 3 of the City of Stockbridge Code of
Ordinances regarding “Finance”; to add a new chapter 4.30 entitled “Procurement” also cited as “The City of
Stockbridge Purchasing and Procurement Ordinance.”

A. J. Welch informed the Council that this ordinance is now a written procedure on how the City handles
financing and procurement of merchandise, etc. for the City. This ordinance was sent to the staff several
months ago and they recommend approval. Mayor Kelley asked if there are any questions. Councilwoman
Kathryn Gilbert asked what in particular – she stated that she understands this is a recommendation of the
Georgia Municipal Association – is that correct. Mr. Welch responded, “It is”. She asked exactly how does
this apply, she realizes the City is streamlining the purchasing process, but is this a situation where one size
fits all and maybe there are some things in the ordinance that should to be massaged and more specifically
fit the City. Mr. Welch responded that he has massaged a great deal from the time that he started working
on the contents of the ordinance. What he wanted to do was make sure that we have an ordinance in place
and there would be no guess work by staff of what they could or could not buy. If there are any specific
questions or amounts, he will be glad to go through those, but to answer Ms. Gilberts question, he thinks he
has stirred the pot among staff as much as he could. Ms. Gilbert stated that initially she saw the original draft
back several months ago and comparing the two (2) she did not see any specific changes from the draft to
this document. Mr. Welch responded that the reasoning is he went through all the discussions before the
initial draft ordinance was released for staff to read to make sure he had covered everything that should be
covered.

Councilwoman Gilbert stated that the biggest concern that she has it appears that we are establishing or
attempting to establish a personnel description potentially an employee of the City and there doesn’t seem
to be any criteria stated regarding qualifications for the position. She stated that she realizes that is not
necessarily going to happen now but down the road it could and then we would be stuck with rewriting and
redoing something. Mr. Welch responded that the answer to her question is this is not a qualification
ordinance, it is a procedural ordinance for the people that are here now who are performing those duties.
Then if they decide to add another position at that particular point in time, if they were going to assign that to
one specific person, then the City would have descriptions of that person’s job that would then have to be
decided by the City Manager. This is not a personnel ordinance in any way whatsoever, it is strictly to tell
employees for the City what they can and cannot do concerning purchasing. Mr. Welch asked
Councilwoman Gilbert if that explanation helped any. Councilwoman Gilbert answered “yes, thank you”.

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

ANIMAL CONTROL ORDINANCE - To amend Title 11, Chapter 11.12 of the City of Stockbridge Code of
Ordinances. To adopt and make the Animal Control Ordinance of Henry County the animal control ordinance
of the City of Stockbridge. This effort is made to establish one unified county and city wide animal control
code.

A. J. Welch advised the Council that in order there won’t be any misunderstandings about this, he said Henry
County prepared an ordinance almost a year ago. He went through the ordinance thoroughly and wrote the
County Attorney about numerous things we thought should be changed in the ordinance. The County elected
to go ahead and to adopt their ordinance with just a few changes in it. The reason being is they felt it would
work easier for the County to handle it in that manner. The County does not want two (2) separate ordinances
or four (4) separate ordinances throughout the County that they would have to deal with. The County came
back and said please adopt what they have already done where they can enforce it uniformly throughout the
County. Mr. Welch said his recommendation to the City Council is to adopt the County’s version of the
ordinance. The County has reduced staff and they don’t need any more headaches at this time. Mr. Welch
said his recommendation is to adopt the ordinance in its present form and we will look at it again later. If we
have to change it, we have to change it.

Kathryn Gilbert made a motion to accept the Henry County Animal Control Ordinance; Harold Cochran
seconded, and passed unanimously

OTHER POST-EMPLOYMENT BENEFITS (OPEB) RESOLUTION - This law requires state and local
governments to account for OPEB by accounting for the value of any benefit retirees receive other than their
pension. At present, the City pays $6.90 per retiree per month which provides a $5,000 life insurance policy.
At the present time the City has five (5) retirees participating.

Mr. Welch advised the Council that this resolution is another Federal Requirement that deals with a retirement
matter which requires an audit to be prepared. Georgia Municipal Association (GMA) prepares the audit for
the City but we have to adopt a resolution authorizing GMA to prepare the audit. Jimmy Whitaker, Auditor,
Merle Manders, City Clerk, and A. J. Welch, City Attorney, have had several discussions on this and have
gone to GMA with more discussions trying to keep from having to do this but the end result is we are going
to have to do it. Mr. Welch recommends the Council adopt the resolution.

Councilwoman Gilbert asked if the City actually has to pay $3,500.00 for these services is that correct. Mr.
Welch responded “yes”. She asked where are they investing the money that they are making any profit on
it, she would really like to know that. Mr. Welch responded that she would have to call the Georgia Municipal
Association that deals with it and get them to give her that information because he does not know. It’s a
Federal requirement and we have spent a lot of time trying to get out of it but we did not win that one.

Fred Evans made a motion to approve adopting the OPEB resolution; Harold Cochran seconded and motion
carried.
NOTICE TO BID TO REMODEL OLD CITY HALL TO A COMMUNITY CENTER RESOLUTION – A. J.
Welch stated that this resolution deals with a notice to bid on the redesign plans for remodeling the old City
Hall building on Berry Street to convert it for a new community center. The City has already done all of the
design and the plans are ready to go. The best way to handle this for the City is through a Project Manager
where the City hires someone to act as the City’s agent and to manage the subcontractors in the matter.
This is not an overly large project. Ted Strickland has had several conversations with Jim Vann, JTV
Construction Company, who is building the new City Hall and he can manage the sub-contractors that we
ultimately hire to go in there and do it at a much reduced cost. He has given a lump sum figure of $35,000
to put together all of the documentation to administer it, inspections and all coordination for this project. Mr.
Welch recommends the Council approve this. Also, part of the resolution authorizes that when Mr. Vann
sends the documentation to the Council for approval that Ted Strickland be authorized to run the notice of
bids where all of the contractors for heating and air conditioning, plumbing, and masonry work and roofing
be bid individually. Mr. Welch recommended Council approval.

Councilwoman Gilbert asked if we are authorizing what? Mr. Welch said we are first of all hiring Jim Vann to
manage it at a fee of $35,000. Mr. Welch said that once all the documentation has been put together and
the City is ready to bid the project, Ted Strickland will run the bid. Then Ted Strickland, Jim Vann and staff
to review the bids and make a recommendation to the Council for approval.

Councilwoman Gilbert asked if the City has architectural drawings on this project, are they some that she has
seen. Mr. Welch responded that we have architectural drawings but he does not know if she has seen them.
They are basically ready to go to bid.

Fred Evans asked when this project is completed the Council needs to consider what it’s going to cost to rent
this building because he can’t afford and probably most people in Stockbridge can’t afford to rent the Merle
Manders Conference Center to have a birthday party for a child. This is something that needs to be
economical for people and he knows the City can’t afford to rent it out for nothing. Ted Strickland responded
that that is the reason we wanted to put a community center over there because when you try to rent the big
place for a birthday party for senior citizen groups you have to pay $400 to $1,000 per day for a few hours.
This would be a better place for people who don’t have that many people that they need to rent a big building.
That is what we are trying to do is get where youths and small groups can use it.
Mayor Kelley stated that the boy scouts don’t have a place since the City had to destroy their old run-down
hut. Mr. Strickland said the American Legion is always looking for a place to meet. He said we need to be
sure we have some sort of fee because we have to pay to get it cleaned. They will be required to clean it up
and take care of it when they do use it.

Mayor Kelley said the Council is in hopes that this will start re-vitalization of Berry Street and the whole area.
Councilwoman Gilbert asked if anyone is investigating the possibility of any stimulus funds for this project.
Mr. Welch answered “yes” he has been reading and working on stimulus for some time. You have to get
everything together and then you have to apply. Councilwoman Gilbert said she understands it’s going to be
a competitive granting process. Mr. Welch said that is correct.

Fred Evans made a motion to approve resolution authorizing Jim Vann, JTV Construction Company, to
manage the renovations of the old city hall into a Community Center, prepare design and documents for the
City Manager to publish the “Notice to Bid”; Kathryn Gilbert seconded, and motion carried.

VULCAN MATERIALS - A. J. Welch stated that he has been in discussion with Vulcan Materials and have
reached an agreement whereby they are going to give to the City a tract of property that is worth $371,000
to build a fire station on Rock Quarry Road across from College Avenue. Vulcan is preparing to make the
conveyance for the City to accept. The Council will have to sign the Internal Revenue Service donation
certificate saying that Vulcan has given this property at that value. The IRS allowed the City to use our own
appraiser for the appraisal. The appraiser appraised the property and it appraised for the $372,000. Mr.
Welch recommended the Council accept the gift. The lot is 1.6 acres with wide road frontage so the building
will be constructed long ways and the trucks can go in and out straight without having to back in and out.
Mr. Welch said staff recommends approval to accept the donation of property.

Councilman Fred Evans asked Chuck Evans if this property joins his. His reply was it does not. There is a
piece of property between his property and Vulcan.

Fred Evans made a motion to approve accepting the 1.6 acres from Vulcan Materials; Kathryn Gilbert
seconded, and motion carried.

FIRE STATION NOTICE TO BID RESOLUTION –construction of a new fire station. To authorize the City
Manager to publish the “Notice to Bid” once all the necessary documents have been prepared by City and
their staff.

Mr. Welch stated that the City and County have been working for a long time to get this new facility built in
the City. The County will have the right to build the facility if they want to and the City would contribute the
property. The County may ask the City to build the facility and then reimburse the City under the
intergovernmental contract. What the City is trying to do is get everything put together and as soon as the
County gets their plans finished to give them to us to go out for a proposal with a “Builder at Risk Agreement”
which means that the City will have a building manager that will be at risk and the City will have a maximum
price and an agreement with the County if we build it. If the County builds it, it’s a different story. Mr. Welch
said the City wants to go ahead and get a resolution approved so if we work out the agreement with the
County then we can go ahead and start the notice and get it running while the City is finalizing the documents.
He recommends the Council approve the resolution at this meeting and hopefully we can get a head start
and hope we can have a package we can present as a stimulus issue also.

Kathryn Gilbert made a motion to adopt the resolution for the bidding on the Fire Station; Fred Evans
seconded, and motion carried.

POLICE PRECINCT NOTICE TO BID RESOLUTION – for the construction of a new police precinct. Mr.
Welch stated that the City and the County have been working for a long time to get this new facility built in
the City. The County will have the right to build it if they want to and the City contribute the property. The
County may ask the City to build the facility and then reimburse the City under the intergovernmental contract.
What he is trying to do is get everything put together as soon as the County gets their plans finished and to
give them to the City to go out for a proposal with a builder at risk agreement, which means that we will have
a building manager that will be at risk and we will have a maximum price and an agreement with the County
if the City builds it. If they build it, it’s a different story. The Council needs to get the resolution approved, so
if we can work out the agreement with the County, then we can go ahead and start the notice and get it
running while we are finalizing the documents. If the Council approves the resolution, hopefully get a head
start and have a package that the City can present as a stimulus issue.

Kathryn made a motion to adopt a resolution for the bidding on the Police Precinct; Fred Evans seconded,
motion carried.

POLICE PRECINCT CONSTRUCTION RESOLUTION – Mr. Welch said this resolution is concerning the
construction of the police precinct. The City owns the property and has a preliminary drawing that is now
being reviewed by the County and hopefully we will have their comments back soon; at which time we will
put out a building design and contract with the construction manager at risk for this particular project. Again,
we will have to have a contract with the county and we are working out the details. He and Mr. Strickland
have had conversations with the County Manager and they are ready for us to go as soon as we get the
preliminary plans finished. Before we can run the notice, we have to have the preliminary plans and the other
documents ready. This will allow the City to get a head start on this and hopefully to put it in a package for
stimulus monies, too. There is no guarantee of it. He recommends approval.

Councilman Evans asked if the County builds the building will the City retain ownership of the property rights.
Mr. Welch responded that there is an agreement already in place that says that the County has the right to
come in and buy the property from the City at a formula at some later date and only for themselves. If they
decide they don’t want to use it for a precinct after the use of it is used up, then the City has the right to buy
it back from the County at a formula. It works both ways.

Fred Evans made a motion to approve; Harold Cochran seconded, motion carried.
CHANGE ORDER #14 - STOCKBRIDGE CITY HALL FOUNTAIN - changes made to the fountain design
including increasing the overall size of the fountain, increasing the number of water jets, changing the lighting
to energy efficient LED bulbs and the addition of granite steps and backsplash for the ease of maintenance
per the drawings from Sizemore Group dated 8/12/2008 and PBS & J dated 8/27/2008.

CHANGE ORDER #15 – ELEVATOR ELECTRICAL DESIGN - Cost for revised elevator electrical service
design from Sizemore Group.

Mr. Welch advised the Council that Change Orders #14 and #15 have been reviewed with the committee and
the committee recommends approval of both change orders and they can be voted on at the same time as
long as it’s listed as #14 and #15 for approval.

Harold Cochran made a motion to approve Change Orders #14 and #15; Fred Evans seconded.
Councilwoman Gilbert said she has to go on record as saying these change orders are getting – concerned.
Mayor Kelley pointed out that the elevator change order is because it was not in the original bid. The building
had two elevators and the electrical system was designed for only one elevator so that one he can
understand, but he hates change orders. And, of course, the committee approved changing the fountain
because it was too small to go with the building.
Kathryn Gilbert voted to approve Change Orders #14 and #15, motion carried.

WOLVERTON & ASSOCIATES – EAST BYPASS – Mr. Welch advised the Council that Wolverton has the
plans ninety-five percent (95%) complete. If the Council gets the plans finished and Wolverton has promised
to have them by April 12, 2009 in form to file with the State DOT and of sufficient nature to apply for a stimulus
package. That will go in the hopper with everything else the DOT is trying to do. This will get the City in a
position to apply for the stimulus. Wolverton has to draw the plat for the acquisition for the land and they
have to complete the environmental assessment which is the report that has to be filed with the court. That
does not prevent the City from filing the plans and getting them approved.

The flood study is being completed and they are working with the utility companies to relocate some utilities
and who will be responsible for those. They have been able to reduce a great deal of the cost by moving the
road a little bit. They are ready to go and that is the report from Wolverton and they are about three (3)
months ahead of schedule.

Councilman Evans asked, when Wolverton gives the Council a copy of the report will there be a drawing of
the actual layout of the project. There are lots of people on Rock Quarry Road and that area who are
concerned about how the road will be laid out. Mr. Welch replied they will be able to see exactly where it’s
going and within a month after that you will be able to see the actual plat. The stakes are already out there
so you can see where it is going and whose being affected. Ted Strickland has been keeping the property
owners informed and it’s not going to affect the City’s ability to expand their wastewater treatment plant. That
was one of the big concerns we had early on and that has all been resolved with the Cities sewage plant. I
think the City is right on the verge of getting the plans. Mayor Kelley asked if the Council needs to take any
action. Mr. Welch responded “no” it’s just where we are, and of course letting the Council know as soon as
the plans are received they will be carried to the state. Mayor Kelley thanked Mr. Welch for this update.

DAVE MURRAY, BENCH WARMERS SPORTS GRILL, 1375 ROCK QUARRY RD – requested permission
to have a series (3-5 events) of Bikini Contests this spring/summer at his business site. Mayor Kelley asked
Mr. Murray what is this about a Bikini Contest, this will be Stockbridge’s first. Mr. Murray stated that he has
spoken with code enforcement, Terry Kight, and she was checking into it and he wants to make sure he
wasn’t going to be doing anything against the law or that would be frowned upon, he thinks he has a good
relationship with the City of Stockbridge, Henry County. He wants to make sure he can proceed with
something along these lines and not step on any toes or cause any friction. Mr. Murray said that was his
intention and he believes Ms. Kight has spoken with the Council about this as well, but not positive. Mayor
Kelley responded that Ms. Kight is present and she can answer his questions.

Councilwoman Gilbert said she has some personal issues concerning this matter. Mayor Kelley said to let
the Council hear what Ms. Kight has to say regarding this issue. Councilman Evans asked Mr. Murray if the
Council heard this request from him last year. Mr. Murray said he has made no request in the past along
these lines; in fact he will never bring anything along those lines to you. He knows there are some places
outside the City of Stockbridge that do the wet tee shirt and different things of that nature. He is attempting
to do this and obviously, it is for promotional reasons that he is attempting to do it. He contacted another
business in Stockbridge that is a bikini store and he would work with them on this. His intentions are to do it
with the very utmost respect and dignity. It would not be done prior to 10:00 P.M. or with children involved
or children in the restaurant. There will be no nudity involved, whatsoever, it will not be tolerated. He said
he operates a bar that does not tolerate fights, brawls or anything of that nature. The contests will be
contained within his building. It will have nothing to do with his patio or outside parking area, whatsoever.
What he wants to do is a series of contests for the girls and the ones that advance will receive prizes and the
grand prize would be a trip to Cancun. He is trying to create a Bench Warmer’s King Teen. They will
represent Bench Warmer’s upcoming events such as the Dogwood Festival, Taste of Atlanta, Taste of Henry
and things of this nature. They would be somewhat of ambassadors for Bench Warmers. They would be
going out promoting his establishment and hopefully offering samples of food and things of this nature. Again,
it is a promotional attempt on our part.

Mayor Kelley asked Terry Kight what she found on this subject. Terry Kight responded the question posed
to her was whether he could have a fashion type situation and be partners with another business in Henry
County, not in the City of Stockbridge, that makes the bikini swimsuits. The way Mr. Murray presented the
question to her; she did not feel at that time that it fell under our adult entertainment ordinance. Based on
what he described tonight she would ask, at the least, table this matter until it can be researched. What he
is describing now does fall under adult entertainment and the zoning they have at Bench Warmers doesn’t
allow for adult entertainment.

Kathryn Gilbert made a motion to table until it can be investigated further; Fred Evans seconded, motion
carried.

DONNA PRITCHETT/JAMES LANKFORD, 213 BRANNAN’S WALK – requested a Home Occupation
License to operate a Janitorial Service as a Home Occupation and Ms. Pritchett and Mr. Lankford have been
told that all supplies/equipment must be stored off the property site.

Mayor Kelley asked Mr. Lankford what type of supplies and equipment does he have. Mr. Lankford
responded it’s not going to be anything as far as residential cleaning. They contract with commercial
properties and industry buildings and any supplies they will have will be stored on site at their customer’s
location. Their cleaning equipment which is mobilized from one job site to another will be stored in a 4’X8’
enclosed trailer at his residence in Paulding County.

Mayor Kelley asked what is at 213 Brannan’s Walk. Mr. Murray responded that it’s Donna Pritchett residence.

Mr. Murray stated that Ms. Pritchett would be at this meeting but she works in the evenings.
Councilman Evans asked Mr. Murray if he will have employees coming in and out. Mr. Murray responded
“no, not at all”. The reason they are getting the business license at her location is because she will be the
majority owner of the business.

Mayor Kelley asked Mr. Murray if Ms. Pritchett’s subdivision has a Homeowner Association. Mr. Murray
replied “no sir”. Councilwoman Gilbert asked if Ms. Pritchett is in a subdivision. Mr. Murray stated that Ms.
Pritchett is in a subdivision but there is not a Homeowner’s Association or covenants associated with the
subdivision. She does not have an outbuilding so no janitorial supplies will be stored at her residence.
Councilwoman Gilbert asked if there will be a trailer with a business name on the side of the trailer parked at
her residence. Mr. Murray responded “no”. Mr. Strickland said they will not have a lot of room to store
equipment on these small lots. They won’t be able to store anything period.

Mr. Murray said he guarantees the Council that nothing will be stored on her lot and no business signs will
be displayed.
Fred Evans made a motion to approve the request; Harold Cochran seconded, motion carried.

AMANDA WILDER, 165 DAVIS ROAD – Mayor Kelley advised the Council that Mrs. Wilder is requesting a
Home Occupation License to operate a cleaning service to clean houses. Councilwoman Gilbert asked if
she is going to be taking equipment into the homes that she is going to be cleaning or is she going to be
using equipment the owner has available. Ms. Wilder responded that some customers she uses theirs and
some she will be taking her own equipment. Ms. Wilder asked if she has some sort of vehicle that is capable
of transporting equipment. Ms. Wilder responded “yes, but it’s only my car”. She will only have a mop,
broom, vacuum and a handful of cleaning products. Councilwoman Gilbert said she was only trying to make
sure she did not have a trailer.

Fred Evans made a motion to grant the request; Harold Cochran seconded, motion carried.

CHRIS SURFACE, 119 SHARPSTONE BEND – requested a Home Occupation License to operate a Lawn
Care business. Mayor Kelley asked Mr. Surface where Sharpstone Bend is located. Mr. Surface responded
he lives in the Greenhill Apartment Complex off Rock Quarry Road. Councilwoman Gilbert asked if he lives
in the Apartment Complex and Mr. Surface responded “yes” and he rents two (2) garages, one for his truck
and one he stores the lawn equipment and the garage is approximately 8’X15’ and his trailer is 6’X12’ and
everything fits very nicely and he puts it away every day.

Councilwoman Gilbert asked Mr. Surface if he has a letter from the apartment complex owners to allow him
to operate out of their garage. Mr. Surface said the garage is for his trailer use. He does not have a big
business, just cutting a few residential lawns. Mayor Kelley stated that what Ms. Gilbert wants to know, are
the garages rented separate from the apartment. Mr. Surface stated garages are included in the rent. He
had to ask if there are garages available and it’s an extra $95.00 a month for the garage. Councilwoman
Gilbert repeated that Mr. Surface is renting two (2) garages from the complex owners in addition to his
apartment and are they aware he is operating a business out of the garage and do you have a letter agreeing
to your use. Mr. Surface responded that the garage is just for personal use for his truck and the other garage
he just stores his equipment there. He was not aware that he had to have approval to store his equipment
in the garage. Councilwoman Gilbert said it would be wise for Mr. Surface to get the approval from the
property owners because he storing commercial equipment in what is not really designed as a commercial
storage unit. Mr. Surface said his garage is very huge and his trailer looks small in the garage. Councilman
Evans informed Mr. Surface that for his benefit he needs a letter from the property owners for his own liability
aspect. If something were to happen he would hate to see him work the rest of his life to pay for an apartment
building or a whole apartment complex. Mayor Kelly said when you are pulling the lawnmower into the garage
with gasoline in them he needs to have an understanding with the property owners. Councilwoman Gilbert
said she understands he has renter’s insurance that covers his personal property in the event of a fire but
this is a commercial enterprise that he is running and he needs to look further into the kinds insurance that
he needs.
Mr. Welch stated that the only real question is does he own the property. If he has an apartment complex,
multi-family. If he does not own the property the City can’t grant him a permit unless the owner of the property
consents. Mr. Surface will have to go back to the apartment owner and get written permission authorizing
him to use the garage for parking his equipment. Councilman Evans said the written consent needs to be
from the Corporate Office not the apartment manager.

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

BID
Well Drilling for Fountain

Askew Well Drilling………………………………………………………. $14.00 per foot
Milner, Georgia

Middle Georgia Water Systems, Inc……………………………….. $12.00 per foot
Zebulon, Georgia

Waller Well Company, Inc……………………………………………… $14.00 per foot
Griffin, Georgia

Ted Strickland advised the Council that Jim Vann, JTV Construction has researched these companies and
recommends the Council go with Waller Well Company, Inc.

Kathryn Gilbert made the motion to approve Waller Well Company, Inc.; Shirley Dabney seconded, and
motion carried.
BID
2009 – New City Hall Copy Machines

Milner, Inc (2)..................................................................... ………..$14,356.43
Including Copier with Cabinet Stand (1)

DocuTeam (2).................................................................... ………..$14,387.00
Including Copier with two (2) sided document feeder (1)

Gordon Document Products (2) ......................................... ………..$27,029.00
Additional cost for copier (1) .............................................. ………..$ 2,427.50

Ted Strickland advised the Council that we looked at the different machines and spent time talking to them
and feel the Milner, Inc. are the best machines.

Fred Evans made a motion to go with Milner, Inc. the low bid; Kathryn Gilbert seconded, and motion carried.

BID
2009 Phone System
New City Hall

Total Tech Group............................................................... …………$23,355.15
ShoreTel System
Totally IP (Internet Protocol)

Fulton Communications ..................................................... …………$29,957.74
Mitel Phone
Totally IP (Internet Protocol)

Deltacom ........................................................................... …………$32,472.06
NEC Phone
IP/Digital (Internet Protocol)

Ted Strickland advised the Council that all of the phone systems are very much alike and we spent a lot to
time looking at all the functions that are offered. These systems are very complex. The staff, Jim Vann and
Stewart Bowen were involved in the decision. Mayor Kelley said the staff seems pleased with the low bid
from Total Tech Group for $23,355.15.

Kathryn Gilbert made a motion to accept low bid from Total Tech Group; Shirley Dabney seconded, and
motion carried.

Ted Strickland said he noticed a gentleman in the audience who was there last month and he asked him if
he was left off the agenda this month. The gentleman responded yes he was but he went to Henry County
and applied for a Variance and a Conditional Use Permit and he filed the petition with them.

Ted Strickland said what he is wanting is some churches in the basement of the strip mall and last month he
got cut-off the agenda and noticed we did not get him on the agenda tonight. The Clerk advised that Henry
County did not send the request for this meeting. Once the County receives a request for a variance it takes
time to review the request, run legal notices and then send it to the City for final disposition. Mayor Kelley
restated to Mr. Miqdad Husen that we don’t have anything on it from the County yet. Mr. Husen said he
filled out all the forms and within the next month or so the City will be getting all those documents.

Harold Cochran made a motion to adjourn; Kathryn Gilbert seconded, and motion carried. The meeting
adjourned at 7:00 P. M.

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