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date: 2007-08-13
title: August 13, 2007 Minutes
source: 2007-08/2007-08-13_August 13, 2007_Minutes.pdf
pages: 1
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August 13, 2007

CITY OF STOCKBRIDGE AUGUST 13, 2007
HENRY COUNTY, GEORGIA MINUTES

The Regular Meeting of the Stockbridge City Council was held on August 13, 2007 at 6:00 P. M. Mayor R.
G. Kelley presided. 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.

Harold Cochran made a motion to approve the July 9, 2007 Stockbridge City Council meeting; Fred Evans
seconded, and passed unanimously.

Mayor Kelley welcomed guests.

Mayor Kelley introduced and recognized the 2007 Stockbridge High School Tiger Wrestling Team. These
young men won the State of Georgia Championship in wrestling for the year 2007 Don Williams, Head Coach,
stated that in 43 years of existence of the Stockbridge High School this award is the first State Championship
for the school and certainly will not be the last one to come to the school. Coach Williams let the wrestling
team introduce themselves. Carroll Dawson, Emory Berman, Nathan Allen, Tyler DeLoach, Kevin
Williamson, Cory Harper, Patterson, Jonathan Pierce, Samuel Grove. Coach Williams said he only had two
seniors on the team and he will have twelve starters coming back next year.

Mayor Kelley stated it’s very, very exciting to win the state championship. Mayor Kelley asked Ted Strickland
read a proclamation declaring August 13, 2007 as Stockbridge High School Tiger Wrestling Team day.

PLANNING AND ZONING

THE SHORT TERM WORK PROGRAM (STWP) AND THE CAPITAL IMPROVEMENTS ELEMENT (CIE)
RESOLUTION – To authorize Henry County Planning and Zoning to transmit to Atlanta Regional Commission
and Georgia Department of Community Affairs. Julius Ross, Chief Planner with Henry County Planning and
Zoning presented the Resolution to adopt the Short Term Work Program which includes activities that the
City of Stockbridge has performed and will perform to meet the goals of the Comprehensive Plan for the next
five (5) year period from 2007 to 2011. The Short Term Work Program also includes the Capital Improvement
Element and the impact fee financial report which was submitted back in April and he has received a letter
from the Atlanta Regional Commission and the Department of Community Affairs saying the report satisfies
all of the compliance requirements with the State Law. Once we get a signed Resolution to send back to
them, they will extend the City of Stockbridge qualified local government status for another year.

Steve Moon made a motion to approve Resolution; Leila Turner seconded, and passed unanimously.

NEW BUSINESS

A FRIEND’S HOUSE – Mayor Kelley advised the Council that A Friend’s House has made their annual
request for $5,000 in funds for services to be rendered for 2007 for people they assist who make their
residence in Stockbridge.

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

JENNIFER HOWARD AND WENDY GLASS, 5222 NORTH HENRY BLVD requested a business license at
this address to teach pole dancing. She was advised by the business license clerk that the City does not
have a classification for this type of business and she would have to appear before the Council to get an
occupational tax license.

Lee Ann Cooper introduced herself as the attorney for Bella Donna Atlanta, Inc., Wendy Glass and Jennifer
Howard. Mayor Kelley advised the Council that they are requesting a business license at 5222 North Henry
Boulevard for a dance studio to teach pole dancing. Mayor Kelley asked Ms. Cooper to enlighten the Council
as to what pole dancing is. Ms. Cooper responded that the two young ladies have formed a corporation.
They have a fitness based business; this is very much like a dance school. They have done these same
types of offerings at Workout Anytime in McDonough for six (6) months under a subcontract with a
gymnasium there. They have also done these same classes for the last three months in Locust Grove at
Christy’s School of Dance. It is very much a dance and fitness based enterprise and she knows that would
be the Council’s primary concern. Similar classes to what they do are offered all over the nation in the gym
and fitness concept and she will let Jennifer speak more specifically to give the Council an overview when
she talks to people what she tells them about the business.
Jennifer Howard stated that basically they are looking for base clientele between 25 and 55, and usually
twenty-five (25) pounds over weight. They cater to the average woman, same clientele as Curves, Ladies
Workout Express that’s who they are bringing in. The only preference that their business is run off of is they
want women to be comfortable with who they are right now vs always like Weight Watcher’s women you have
to stand on a scale and be embarrassed. They are teaching them to be more comfortable with where they
are right now. Everything they teach and every form of dance that they teach is meant to be taken home and
everything is meant to be done at their leisure. They are encouraged to come in and the average class is
ninety (90) minutes and they teach once a week just like regular format classes. They sell memberships both
monthly and yearly and that’s kinder how they work.

Mayor Kelley asked where do the poles come in. Ms. Howard responded its weight based restraint which is
natural resistance. They teach them step poles no different than a pole vaulter learning on their pole, this
just happens to be their tools. That’s how they get their weight resistance. A lot of their poling up is based
just like that. There are no men allowed if anybody wants to know and there is no observation and no nudity
or removal of clothing. They are dressed in gym attire just like they would be if they were going to a regular
fitness class.

Councilman Moon asked the question is this business in any way seductive or suggestive in some kind of
form or fashion. Ms. Howard responded that depending on the actual woman, that’s up to her to take home
what they teach them. They teach them on one format how they embellish it at home is up to them because
they can’t control that. The format that they teach it especially in the weight training, if you looked at it you
would be like that’s not hot! It’s just simply weight training. A lot of the stuff they do are straight poles and
you literally pull up, hold and hang. No different than being on the rings in the traditional gymnastic
gymnasium. Councilman Moon ask if it is still considered a family type of establishment for women only but
we are not passing the line where you would be getting lewd, crude or whatever. Ms. Howard responded
that one of their best clients has been a Baptist Preacher and she was pleased to be there. They have had
health department workers, nurses, teachers, hospital workers and just average women who come in and
the best thing that is the most fulfilling thing is they come in one way and they are down because Weight
Watcher’s tells them they are not good because didn’t lose weight this week. They do just the opposite and
tell them you are good right now because if you plan to lose one hundred (100) pounds you better learn that
God doesn’t take a leg so be happy where you are right now. That’s kind of what we tell them so when they
have been with them for six (6) or eight (8) weeks they just seem to light up and get so much happier. That’s
the best part of this whole business.

Mayor Kelley asked where is 5222 North Henry Boulevard. Ms. Howard replies where the Cuban restaurant
use to be, they are a couple doors down. Ms. Cooper stated they negotiated their lease with the landlord
which contains a clause there will be non-compete with other fitness and gymnasiums so that’s definitely the
type of atmosphere that they have and that would be their competition not other gyms or dance schools that
would be offering similar types of classes. MayorKelley advised Ms. Howard and Ms. Glass that the City’s
Code Enforcement Officer will be checking from time to time to make sure.
Fred Evans made a motion to approve but before a second was made, Steve Moon asked another question.
Councilman Moon stated that since the City does not have this as an ordinance or anything to cover this type
of activity, can the Council make it contingent upon the staff taking a look at or is there something that staff
would need to take a look at in this. Mayor Kelley responded that A. J. Welch would have to determine if we
already have something that already covers it, so we can put it under that, if not we would have to put it under
that, if not we would have to do that, that’s fine. Councilman Moon said he would just make a motion
contingent on letting the staff take look at to make sure we are covered, not only for the business but for the
Council. Ms. Howard asked if it would fall under gym/dance school. Mayor Kelley said the City Attorney
would let us know. Ms. Howard asked if the Council wants to look at the facility or sit in on a class or just let
them show what they do. Councilman Moon responded not here. Mayor Kelley stated that Terry Kight will
get with A. J. Welch and put it where it needs to be. Ms. Cooper said the only issue they have concerns with
would be the location they are going into already has blacked out windows and that remains a legal question
they are waiting for A. J. Welch to resolve. Mayor Kelley responded that is right.

Terry Knight, City Code Enforcement Office, reported that on the issue that she has concerns with would be
the location they are going into already has blacked out windows and that remains a legal question we are
waiting for Mr. Welch resolve.

Ms. Howard asked when they might have a final decision. Mayor Kelley advised them to check with the City
Clerk tomorrow. If Mr. Welch gets to the meeting we can go over it with him.

Fred Evans repeated his motion to approve subject to Mr. Welch reviewing this matter; Harold Cochran
seconded, and passed unanimously.

2007 BUDGET AMENDMENT – Mayor Kelley announced that this item regards housekeeping adjustments
for the budget to agree with items approved previously by the Mayor and Council and minor adjustment for
unforeseen expenditures to be included to balance the 2007. The increase is approximately 2% of the overall
2007 Budget.

Harold Cochran made a motion to approve amending the 2007 Budget; Steve Moon seconded, and passed
unanimously.

BID
2007 – Smith Barnes Pump Station
Replacement
Sweetgrass Inc.
622 Fertilla St. Ste D
Carrolton, GA 30117 $ 96,000.00 **
678.796.0338

Duncan Pipeline
100 Old Dawson Village Rd. Ste 120 $102,316.65
Dawsonville, GA 30534
678.410.7451

SOL Constructions LLC
1401 Elowah Dr $108,700.00
Atlanta, GA 30319
404.213.4294

J.S. Haren Company
1175 Hwy 11 North $139,000.00
Athens, TN 37393
423.745.5000

Ronny D. Jones Etpr
315 Millard Farmer Indus Blvd $154,000.00
Newnan, GA 30263
770.251.2667
Pipeline Services
4250 Industrial Ctr Ln #200 $176,800.00
Acworth, GA 30101
770.874.4446

D+H Constructions
James Jackson Pkwy $355,739.00
Atlanta, GA 30318
404.792.1941

Fred Evans made a motion to accept bid from Sweetgrass, Inc. in the amount of $96,000.00; SteveMoon
seconded, and passed unanimously.

REZHA ENTERPRISES, INC., REZHA OWNER OF OLYMPIA PIZZA HOUSE, 5531, 5533, 5537 AND 5539
NORTH HENRY BOULEVARD – Mayor Kelley stated that Mr. Rezha was on the agenda to discuss the City
Code and TerryKight, Stockbridge Code Enforcement Officer. Since Mr. Rezha did not bother to appear
and Mayor Kelley recommends he be removed from the agenda.

Steve Moon made a motion to remove Mr. Rezha from the agenda; Fred Evans seconded, and passed
unanimously.

BBQ MASTERS, ERIC L. SMITH, OWNER was tabled at the July, 2007 Council Meeting and was to be
heard at this meeting. It was noted that Mr. Smith was present in the back of the chamber but left before the
meeting started.

Fred Evans made a motion to remove Mr. Smith from the agenda; Steve Moon seconded, and passed
unanimously.

Steve Moon made a motion to take a short recess; Fred Evans seconded, and passed unanimously.
Steve Moon made a motion to reconvene; Harold Cochran seconded, and passed unanimously. (This matter
was reopened later in the meeting.)

A.J. Welch was late for the meeting and arrived during the recess.

Steve Moon made a motion to put BBQ MASTERS back on the agenda; Harold Cochran seconded, and
passed unanimously.

BBQ MASTERS, ERIC L. SMITH, OWNER. This item was brought up again by Mr. Welch. He advised the
Council that Terry Knight, Code Enforcement Officer should give Mr. Smith a warning citation saying that he
can’t do this and let her serve it tomorrow and hopefully that will resolve and if doesn’t it will just be in the
hands of the court. She can issue as many citations that need to be issued to resolve.

Mayor Kelley said it is the recommendation of A. J. Welch, City Attorney that this matter be turned over to he
and Terry Kight, Code Enforcement Office to handle with citations if necessary and let the Court handle it.

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

BARBARA LUDWICK, 244 NORTHBRIDGE DRIVE – Mayor Kelley informed the Council that Barbara
Ludwick wanted to discuss sidewalks.

Ms. Ludwick told the Council that originally the notification that the sidewalks were going to be put in, how
we originally heard about it other than the message/note that they got one week before it started. Was there
something in the paper or did they get any other kind of letter. The letter she received is the first time she
ever heard about it so that’s her first question. Mayor Kelley asked what sidewalks she is talking about. Ms.
Ludwick replied she is talking about the sidewalks in Northbridge Station because she could care less about
the other sidewalks.

Ted Strickland asked Ms. Ludwick what letter she is referring too. She responded it says Attention, the City
of Stockbridge will be installing sidewalks within a week and it was stuck in the door. She really wasn’t aware
of the fact there was going to be any sidewalks. She wasn’t saying she was totally against the sidewalks and
whether of not it was thought through. She tried to talk to some of her neighbors but a lot of people are
complacent and they don’t care one way or the other. Basically she is concerned right now about her piece
of heaven which is her corner lot at Northbridge and Seaboard. Now on the 19th of June she came to City
Hall and she talked to the City Manager and she gave him a letter and left one for all the Councilmen, the
City Attorney and Mayor. She asked if you guys ever got that letter. Councilman Evans responded, “Yes we
did”. Ms. Ludwick stated that she attached a recommendation from a forestry service that said they came
out and they looked after the first sidewalks were put in and they were large roots showing. She asked him
what is going to happen to all of their trees. In the spring the cherry trees are on both sides of the street.
They were the signature trees that were put in 18 or 20 years ago before she bought her house. She has
been there for eleven (11) years. She has three (3) big beautiful cherry trees in her front yard that she really
enjoys. My only question is why you would want to do it when you have all the trees that the City is going to
disrupt the roots and everything. She did not get a response; no one was able to tell me, “This is why we are
doing it”. The trees have a $3,200 apiece value on them. That is like $10,000 worth of trees just in her front
yard.

Mayor Kelley responded that the City did not go on her property. Ms. Ludwick responded that she knows
about the City’s easement and all that but if you go to the center of the street to the trees and that’s the 20
foot easement right where the trees are. When the City dug into that and saw all the roots, that didn’t concern
you one bit. Mayor Kelley responded that he didn’t do the digging because the City contracted the job. There
was no way for the Council to know that and Mayor Kelley asked A. J. Welch to give a legal opinion. Mr.
Welch advised Ms. Ludwick that they looked at the subdivision plat and the deed to her piece of property and
the project was clearly within the City’s right-of-way. The trees that she is talking about are in the City’s right-
of-way and not on her property. She had other decorative plants that were planted on the right-of-way. Ms.
Ludwick responded that she did not care anything about those because those can be replaced.

Mr. Welch advised Ms. Ludwick there is only a certain area they could put in the sidewalk. The sidewalk was
installed to benefit the entire subdivision for safety reasons for children to be able to go up and down the
street without being in the street. The contractor did the very best he could to put in the sidewalks with the
least disturbance as possible but there can be no guarantee that the trees would not be affected.

Ms. Ludwick said all she was doing was to come in here and have it on record that the Council got notification
that she personally is not happy with the sidewalks and in a couple of years when something happens to the
trees, the Council will probably see her back standing before them again.

Ted Strickland, City Manage stated that Jim Vann, General Contractor, has done research on cherry trees.
These cherry trees have between twenty (20) and twenty-five (25) year life span. These trees are in the last
cycle of their life span. If you do your research on the cherry trees according to Jim Vann you will find that
to be the case. Mr. Strickland said he wants Ms. Ludwick to know since she says she wants to come back
but trees have a life cycle of between twenty (20) and twenty-five (25) years max. Ms. Ludwick responded
that Mr. Strickland did not mention anything to her about that when they talked. Mr. Strickland responded no
he didn’t because he got this information after the fact after talking with her but he wanted her to be aware
that if you do your research if he’s correct. Ms. Ludwick said she did not do any research but got it from a
forestry person and that all she can tell you.
Ms. Ludwick said she has one more question. The grass and hay that is there she does not have grass there.
It’s all mulch because of the big trees. When can she touch any of that to straighten it back around so it looks
like it normally does? Is she supposed to wait until the City signs off or something on the project or is she
never allowed to touch in of the area? Mayor Kelley responded that she can go ahead and put it back but
just leave the sidewalks clear. Ms. Ludwick stated that she knows the sidewalks are there and there is
nothing she can do about them and she does not even mind the sidewalk on the side of her house, that’s
perfectly fine and the only concern was the trees.

Ted Strickland advised the Council that he home is down a hill and if she goes in there if she is not careful
she could create washes and gullies. Mr. Strickland suggested he get with Jim Vann and Ms. Ludwick and
get it worked out so it’s satisfactory. Ms. Ludwick said the sidewalk in front of her house is straight across
and then it gradually goes down. She does not want to do anything or touch anything until she has permission
to do. Mayor Kelley said they are not arguing about this. Ms. Ludwick responded “Really” because the City
gave her a citation already but it was dismissed and she appreciates that. Mr. Strickland said since she
brought it up explained why she received a citation. Ms. Ludwick said she did not realize she couldn’t put
the hay and grass seed in the street that the contractor had put down. He husband called City Hall and asked
if someone could come by and gather it up. They said they would send an engineer out to look at it and by
3:00 that afternoon it was still there and it’s Friday afternoon and this stuff is still here are you guys going to
pick it up? She just left a message, “What’s going to be done with it” and Code Enforcement was sent over
and they were given a ticket. They immediately cleaned it up and took care of all of it and then two (2) or
three (3) days later they came and spread more hay. Now the hays back and she is just here to tell the
Council just how she feels. Mayor Kelley said the Council will get back over to her house to work it out
because the Council wants to satisfy her and doesn’t want to be hard to get along with.

RESOLUTION – DEVELOPMENT AGREEMENT FOR BRUSH CREEK COMMONS to authorize Mayor
Kelley and Clerk to sign Amendment 2 of the Development Agreement for Brush Creek Commons for
playground equipment. A. J. Welch advised the Council that he has sent Ted Strickland a bunch of pictures
and drawings on it and asked if the Council was given copies. Mr. Strickland said they have the drawings.
Mr. Welch stated that what they are trying to do is tie down the façade and how these properties are going
to look and to get something besides just the same thing building all the way through. They have a very nice
drawing put together now and Mr. Boykin can go over that with the Council, if necessary. They asked for the
tennis court with the basketball goals, etc. being in it but felt like a soccer field would be better suited for that
particular area and work better. What they agreed to do is take out a tennis court and put in a soccer field;
then add two additional playground areas and a community pavilion for people to use.

Mr. Welch continued stating they asked for a ten (10’) foot variance on the front set-back and it has been
drawn in “Three D” where the Council can see the different types of materials. All of the materials are brick,
stone, and hardi-plank instead of the stucco. They have off-sets in all of these where they have porches and
porticos, etc. for people to get in and out. All of the parking is in the rear and all of the access to it is in the
rear and that remains the same. They cannot make this size townhome fit on the property without that
variance. What they have done is basically increase the size of the buildings, increased the square footage
for them and they say this is their final plan and they will not be back for another variance.
Brent Moyer, Land Engineering and Development, he will be brief and he is here to answer questions. As
Mr. Welch said they took the plans to the architect and Cagle Homes will be building these homes. The
architect said can the City give them ten (10’) feet. They want three (3) and four (4) bedroom units to meet
the architectural requirement of the zoning conditions. If he can get the ten (10’) feet he can create the best
livable space out of what they have. The parking that Mr. Welch mentioned is actually a two car garage so
that is in meeting that requirement also. That is what they are asking for today and he is here to answer
questions.

Councilman Moon asked how many square feet will be in each unit. Mr. Moyer responded 1,900 square feet
will be the average square footage. Mr. Welch responded that is up almost five hundred (500’) square feet
from the original agreement. Councilman Moon asked what will be the cost per unit. Mr. Moyer responded
they are shooting for $149,000. Councilman Moon stated that for 2,000 square feet at $149,000 we’re not
getting any shoddy construction. If you can understand where he is coming from with the way things are
going today; 2,000 square foot, $200,000 kind of line up. He is concerned about all the homes, vacant lots
and all the empty store fronts that we currently have he does not want a problem area because it’s slow.
He’s not trying the run the price up either but he wants to make sure it is quality that goes in the project.

Lee Turpin, Cagle Homes, advised the Council that there are some basement lots that will probably exceed
the $150,000 or $160,000. This is basically a drawing. Things can change; materials can change at this
point. Honestly, right now with the price of lumber a lot of things are slowing down. There are a lot of things
decreasing in the price manufacturing, etc. He does all of the estimating for Cagle Homes as well so they
are hoping to hit that mark to be aggressive with it, but no, they are not going to just make a bare boned
product because that unfortunately doesn’t sell either.

Mr. Welch said the difference in price is they are building two (2) sides and not four (4) sides except on the
ends. Councilman Moon asked if there is a firewall between all of the units and Mr. Turpin responded “yes”.
Mayor Kelley said he does not think the set back is going to affect them since the parking is all in the rear.
Mayor Kelley recommended the Council approve.

Harold Cochran made a motion to approve the Second Amendment to the Development Agreement for Brush
Creek Commons and to adopt the Resolution authorizing Mayor Kelley and Clerk to sign Second Amendment
to the Development Agreement; Steve Moon seconded, and passed unanimously.

ZSI PROBATION SERVICES, INC., WALTER ZANT, OWNER. Mr. Zant sent a copy of the contract for the
Court to sign. Mr. Welch stated that he amended the Contract because only the City has the authority to
contract Mr. Zant. It is the same contract and a couple of incomplete sentences that knowing Mr. Zant is
from Butts County he knows we would have at least that or maybe a misspelled word or two. Mr. Welch
stated that Mr. Zant’s business is in good shape and he does a very nice job and a lot of work in the area
and the City will not have any problems with Mr. Zant. If we do we know where to find him.

Mr. Zant thanked the Council for giving him the opportunity to be here at this meeting. He submitted a
proposal to do probation for the City’s Municipal Court. It will be at no cost to the city. ZSI Probation Services,
Inc. assumes all liability for the probation program. Their fees will come from the probationers themselves.
They are not the largest company but they do a very good job. For some reason he has surrounded himself
with violators of the law just about all of his life. He retired from that and then got right back into it with ZSI
Probation Services, Inc. He has sixteen (16) courts that they provide probation and have been in business
since 1997 and they have never lost a contract. They would really like to do probation for the City and they
are very excited about it. They provide probation service for Hampton, Locust Grove and they are familiar
with Judge Patton and he likes what they do. The same Probation Officer, Kathy Brown, who is doing Locust
Grove, would be doing Stockbridge. She is a retired school teacher and she said she taught most of these
people. They would certainly like to provide services for the City of Stockbridge.

Mayor Kelley said the Council has good reports on his company and he recommends the City go this route.

Fred Evans made a motion to contract with ZSI Probation Services, Inc. and adopt the Resolution authorizing
Mayor Kelley and Clerk to sign contract; Steve Moon seconded and passed unanimously.

RESOLUTION - ASHLEY WOODS APARTMENTS – A. J. Welch explained the revitalization of Ashley
Woods Apartment on Rock Quarry Road. The apartments are in very bad condition. The apartment have a
lot of government subsidy tenants. A company has come in and offered to purchase the apartments and to
completely renovate those apartments and bring them up to the present code and bring them up to higher
standards. In order for them to do that they have to go through a program whereby they borrow tax free
money to acquire the property and renovate it. The City of McDonough Housing Authority is an authority that
has the right to be the conduit of the loaning of the funds similar to the City’s Urban Redevelopment Agency.
They cannot approve it unless the City approves it. The City of McDonough Housing Authority has offered
to be the conduit and they want everyone to know that they are not up here trying to do public housing in the
City but they are making themselves available for the financing of this project. If the Council approves this
tonight, then it goes to the City of McDonough and if they approve it then the authorizations would be issued.
They already have commitments from the bank to buy the property and do the renovations. The City incurs
no liability or expense and hopefully we will get the apartments brought up to a higher standard because we
have a specific agreement with them that is attached to the resolution saying what they have to do. We have
worked on this for several weeks to get it tied down exactly what they have to do where they can’t just come
by and throw paint on them and walk away from it. They have to really do the entire renovation. This is a
good project for the City and would help some people with lower income standards that do take advantage
of this type of rental apartments.

Mayor Kelley pointed out that these apartments were in the County and were like that when they were
annexed into the City of Stockbridge. It is not changing anything except getting the apartments renovated
and the McDonough Housing Authority will be the conduit between the apartment owners and the banks to
get this project completed. The rent will go up a little with these renovations. Mr. Welch has been working
on this project for about seven (7) month. Mr. Welch said Terry Kight, Code Enforcement Officer can tell you
about the numerous violations that we have there and the inability to get people to come in and fix them with
that type of problems.
Mayor Kelley stated that he had reservations at first about McDonough Housing Authority approving this
project located in the City but there is no way the City is responsible for any of the cost.

Mr. Welch said his recommendation was that the City not approve it unless we have a written contract that
they agreed to abide by and they did.

Harold Cochran made a motion to approve the contract with the McDonough Hosing Authority and to adopt
Resolution authorizing Mayor Kelley and Clerk to sign Moon seconded, and passed unanimously.

CONSERVATION RESIDENTIAL SUBDIVISION ORDINANCE AMENDMENT – Mr. Welch said this
amends section 8.36.180 of the City Code which is a recommendation from the Environmental Protection
Division (EPD) on the City’s audit report. He recommends the Council approve the amendment so the City
can sign off to EPD that we have brought the green space requirement with their recommendations.

Fred Evans made a motion to approve amending section 8.36.180 required by EPD; Steve Moon seconded,
and passed unanimously.

SUSPENSION OF ACCESS OF CITY’S SEPARATE STORM SEWER SYSTEM ORDINANCE
AMENDMENT – Mr. Welch advised the Council that this item is also part of the audit request made by EPD
and it is an amendment to section 8.26.040 and it deals with suspension of access to City’s separate storm
sewer system and recommend this amendment be approved.

Fred Evans made a motion to approve amending section 8.26.040 required by EPD; Steve Moon seconded,
and passed unanimously.

LAND DEVELOPMENT REQUIREMENTS ORDINANCE – Mr. Welch said this ordinance is also a
recommended audit change from EPD to amend section 8.18.050 of the City’s Code regarding Land
Development Requirements and he recommends approval.

Fred Evans made a motion to approve amending section 8.18.040 required by EPD; Leila Turner seconded,
and passed unanimously.
JIM COOK, JHC, request that when Sizemore makes their next draw, deduct JHC from the draw. This is the
company that constructed the wall on North Henry Boulevard in front of the Stockbridge Elementary School.

Mr. Welch explained this matter to the Mayor and Council. When Mr. Cook came in and said they have a
problem with cracks in the wall, we asked Sizemore to look at it and design something that would be
acceptable and protect the City’s interest in the wall. Sizemore inspected the wall and presented and the
Council said if they do this procedure they would be responsible for any expense that was incurred in it.
Sizemore kept up with their time and billed Cook. Mr. Cook feels like it’s too high but he thinks the City should
not be caught in an argument between Cook and Sizemore that we said we had to have to make the decision.
So what we were doing was deducting it from his draw, paying it to Sizemore and then we will have to deal
with Cook if he wants to come in because we told Sizemore to go do it to look after our interest. It is between
the City and Cook, not between Cook and Sizemore. It is their recommendation to authorize the bill to be
deducted from their next draw and pay it to Sizemore and the City will deal with Mr. Cook to see if can be
resolved. It was not the City’s fault; the city didn’t create the problem, JHC created the problem.

Ted Strickland reported Georgia Power has two poles that need to be removed from in front of the wall. The
Council approve $7,000 poles about five (5) months ago and they said they would move them. Southern
Bell, Georgia Power Company and Charter has wires that is holding the project up. It’s not fair for JHC to
continue to be held back because these people will not come in and finish their portion of this project. We
have been waiting almost two (2) years and he does not know how to get them to come and finish their job.
He has talked with them but nothing happens. Mr. Welch said the City will have to go to the higher ups at
Georgia Power to get movement on it. They are going where they get the most pressure. Mr. Welch said
we have a very good person in our area and he will call him to find out who we need to talk to and go after it.

Harold Cochran made a motion to approve withholding the funds from JHC’s draw to pay Sizemore Group;
Fred Evans seconded, and passed unanimously

Fred Evans made a motion to adjourn; Harold Cochran seconded, and passed unanimously. Meeting
adjourned at 7:15.

Respectfully Submitted,

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