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date: 2008-04-14
title: April 14, 2008 Minutes
source: 2008-04/2008-04-14_April 14, 2008_Minutes.pdf
pages: 1
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April 14, 2008

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA APRIL 14, 2008

The Regular Meeting of the Stockbridge City Council was held on April 14, 2008 at 6:00 P.M. and Mayor R.
G. Kelley presided. Members present were Harold Cochran, Shirley Dabney, FredEvans, W.A.Gardner, and
Kathryn Gilbert.

Motion to convene was made by Harold Cochran; Fred Evans seconded, and passed unanimously.

The invocation was given by Kathryn Gilbert.

Fred Evans made a motion to approve the minutes of the March 10, 2008 Stockbridge City Council Meeting;
Harold Cochran seconded, and passed unanimously.

Mayor Kelley welcomed guests.

PROCLAMATION – C. RAY MCDONALD – Mayor Kelley presented a proclamation to Mr. Ray McDonald
for representing the City of Stockbridge on the Henry County Planning and Zoning Board for twenty (20)
years from August 1, 1987 to April 1, 2008. Mr. McDonald also served on the Henry County Zoning Advisory
Board. Mayor Kelley told Mr. McDonald that the City appreciates the job he did for the City of Stockbridge
and presented him with a Proclamation.

RAY GIBSON, DIRECTOR, HENRY COUNTY PLANNING AND ZONING BOARD presented C. Ray
McDonald with a proclamation from the Henry County Zoning Board.

JAMES (JIM) E. BUTCHER was appointed to replace Ray McDonald on the Henry County Planning and
Zoning Board as the City’s representative for four (4) years effective April 1, 2008.

Fred Evans made a motion to appoint Mr. Butcher to the Henry County Planning and Zoning board to replace
Mr. McDonald; W. A. Gardner seconded, and passed unanimously.
PLANNING AND ZONING

JUSTIN A. NGUYEN OF FOREST PARK, GEORGIA. Ray Gibson, Henry Count y Planning and Zoning
presented the request for rezoning from R-3 (Single Family Residential) to C-3 (Heavy Commercial) for
property located at 5329 North Henry Boulevard, in Land Lot 59 of the 12th District. The property consists
of l.19 acres, and the request is for a used car lot. There is a single family dwelling on the property that the
applicant will utilize for the business which will be a used car sales lot. The building will be renovated
accordingly. The City Code does require that commercial buildings be of brick or masonry material. As
outlined in the conditions of zoning by the Zoning Advisory board they do request that the façades of the
buildings are either brick or masonry.

The Future Land Use Map designates the subject property for commercial and service land uses and this
request is in compliance with that and the Zoning Advisory Board did recommend approval of this request
with six (6) zoning conditions.

Mayor Kelley pointed out that C-3 covers such a wide variety of businesses that can go in it. The City wants
to put only C-1 and C-2 zonings on North Henry Boulevard. Mayor Kelley recommended keeping the zoning
as C-1 or C-2 in that area and not C-3 because it could be used as heavy commercial.

Councilwoman Gilbert asked, however, is Henry County Planning and Zoning recommending approval of the
C-3 zoning. Ray Gibson responded that Planning and Zoning recommended approval of the C-3 zoning to
the Zoning Advisory Board who also recommended approval. Councilwoman Gilbert surmised that the City
does not want to go to C-3. Mayor Kelley stated that it is his opinion that it should not be rezoned to C-3.

Ray Gibson informed Ms. Gilbert that he has had numerous meetings in the past with Mr.Strickland and
members of the Council regarding this area being C-2 but they are acting on the applicant’s request which
was for C-3 and did recommend approval of that request.

Ted Strickland stated that for several years the City has tried to keep all rezonings as C-1 or C-2 and have
stayed away from C-3. A C-3 zoning could bring a diesel mechanic shop and other things that would not be
conducive to what the Council wants along Highway 42 in this area. Mayor Kelley stated that is the reason
he would like to see the Council keep this area in the C-1 and C-2 zoning.
Ray Gibson suggested that in the near future is to sit down and put some type of overlay district on this
corridor for certain situations like this. The staff is recommending this because the Future Land Use Map
calls for commercial, just a general designation of commercial. The Future Land Use Map does not specify
what level of commercial, so you have multiple levels and the Council can decide which level is appropriate.

Mayor Kelley said, of course, it’s the Council’s decision and further stated that with a C-2 the Council could
approve conditional uses where you don’t open the whole area. In his opinion if this property is rezoned to
C-3 and the next property wants a C-3 the Council would not have a leg to stand on to turn them down
because you set a pattern that the City is locked into.

Andy Welch, City attorney, asked Ray Gibson if the conditions that he recommends to staff and the Zoning
Advisory Board has recommended those conditions would be appropriate regardless of whether the zoning
is C-1, C-1 or C-3, is that correct. Those conditions are attached to the zoning ordinance as “Exhibit D”

Councilman Evans asked if a car lot could go on a C-2 zoning. Mr. Gibson responded that it can only go on
a C-3 zoning. A rental car lot like Avis can go on a C-2.

Justin A. Nguyen advised the Council that he is trying to purchase property to sell cars. Councilwoman asked
Mr. Nguyen if he has purchased the property. He responded that he has not because he cannot make a loan
until the property has been properly rezoned. He has been negotiating for three (3) months. Councilwoman
Gilbert said as she understands it, he is attempting to purchase the property and in order to get financing for
the purchase he must get the rezoning to purchase the property.

Justin A. Nguyen said if the property is rezoned C-2 he is not sure what he can do with the property.
Councilwoman Gilbert asked if he has not purchased the property at this point. Mr. Nguyen responded that
it is under contract and he has paid the down payment already to purchase the property. Councilwoman
Gilbert asked if it is contingent upon the proper zoning.

Mayor Kelley said he thinks the Council should turn the zoning down period if the landowner is not here and
before the Council rezones the property to C-2 the Council would want to know what the owners want. Fred
Evans said the owners were in contact with him and instead of complete denial of the C-3 they would prefer
to walk out with a C-2 zoning if possible. Mayor Kelley asked Ray Gibson if the Council could approve a C-
2 at this meeting. Mr. Gibson recommended denial of the C-3 and approval of the C-2.

Andy Welch advised the Council to have the public speak on the rezoning before making a decision.
Betty J. Groce introduced herself and Linda A. Smith as owners of the property along with Larry A. Jones.
Mrs. Groce stated that Mr. Nguyen is trying to get a car lot on the property and she understands the Council
does not want to rezone to C-3. Can they not get a variance on that? Mayor Kelley responded “no”. Mr.
Welch informed Ms. Groce that you cannot get a variance until you make a variance application. All that is
being asked for right now is just to rezone the property. Mayor Kelley said she can apply for a variance but
not tonight. There is no assurance the Council will in the future give a variance. Ms. Groce said what they
would like to come away with is a commercial zoning. Mr. Nguyen cannot borrow the rest of the money to
purchase their property without a commercial zoning, so any commercial zoning would help him get his
money. Of course, he needs a C-3 zoning for a car lot. She said she understands from the County there is
a provision for three (3) car lots in the City and we don’t have three car lots in the City. Mayor Kelley
responded that it does not say the City has to put them anywhere. They have to be in an area zoned for it.
The Council put that regulation in to keep from having a “used car city”.

Ray Gibson stated that rather than variance the use, he recommends the City is supportive of doing a used
car sales lot in C-2 zoning he would recommend the City amend the ordinance accordingly. Mayor Kelley
said he is not sure the Council will give them a variance but she has the right to ask for a variance. That
would have to be at another meeting.

Councilwoman Gilbert noted that the conditions are pretty significant that have been placed on the request
for rezoning. She asked Mr. Nguyen if he would be able to meet the conditions. Mr.Nguyen responded “yes”.
Councilwoman Gilbert said she noticed that in his statement to Planning and Zoning Department that he was
concerned about having to brick the building or make the exterior changes. (Clerk was unable to hear or
transcribe Mr. Nguyen’s reply.)

Mayor Kelley advised that the Council’s decision tonight needs to be on zoning only and everything else
would be heard at a late meeting. Mayor Kelley asked is anyone else would like to speak on the matter.

Andy Welch said he would like to follow up on what Ms. Gilbert was asking; is Mr. Nguyen’s purchase of the
property contingent upon getting any kind of commercial zoning or is it specific to the used car lot. If it was
answered he never heard an answer as to whether or not the contract is conditioned on him getting a used
car lot or commercial zoning. Ms. Groce said there are no conditions on the contract between the owners
and Mr. Nguyen he is just flat buying the land. Mayor Kelley stated that the contract is between Mr. Nguyen
and the owners of the property and does not affect the City.

Mr. Nguyen asked if he is to have a used car lot he must have a C-3 zoning, is that right? The staff report
said the two (2) properties adjourning are C-2 and R-3. Mr. Gibson offered to look up zonings of adjacent
properties but Mayor Kelley said those rezoning should not influence the Council’s one way or the other. The
Council admits that there have been some mistakes made way back to get C-3 zonings where they weren’t
needed. Councilwoman Gilbert said current zoning is C-2 for the Big 10 Tires and Quick Trip and Johnson
Pools Supply is C-2 as well. So C-2 is two (2) out of three (3).

Councilman Evans asked if it could be rezoned C-2. Mr. Welch said the Council could rezone the property
to C-2 or any classification they see fit. Mayor Kelley responded that Ray Gibson said to deny the C-3 and
then vote to approve whatever zoning the Council sees fit. Mr. Nguyen needs get with the landowners and
figure out what their next move would be.

Fred Evans made a motion to deny the C-3 rezoning request for a car lot; Harold Cochran seconded, and
passed unanimously.

Fred Evans made a motion to approve the C-2 with conditions recommended by the Henry County Planning
and Zoning Department; W. A. Gardner seconded, and passed unanimously.

OLD BUSINESS

SHORT TERM WORK PROGRAM AND CAPITAL IMPROVEMENTS ELEMENT ANNUAL UPDATE AND
TRANSMITTAL RESOLUTION – Julius Ross, Henry County Planning and Zoning said this is a request to
hear comments from the public and to approve a resolution to transmit the annual update of the Capital
Improvements Element and Short Term Work Program 2008-2012, and Capital Improvement Element which
also includes a impact fee financial report. This document is the annual update of the Comprehensive Plan
which tells the State, the region and citizens what the City intends to do in terms of the projects and programs
to carry out the goals of the Comprehensive Plan. The resolution will authorize the Henry County Planning
and Zoning Department to transmit the annual update and with this resolution to the Atlanta Regional
Commission and Georgia Department of Community Affairs as required by the Georgia Planning Act of 1989.

Mayor Kelley asked if anyone was here to speak on this and if not he recommends approval.

Councilwoman Gilbert said she has a couple of questions. Under the annual update Item 7 – Economic
Development, Page 2. Responsible party, City Council, Development Authority, Planning and Zoning, Board
of Commissioners and Chamber of Commerce. It says underway, activity to work with County to promote
growth, tourism, trade, commercial and industrial development started in 1998. Who from the City represents
the City on this board and how is that working? Julius Ross said he could find that out for her.
Ted Strickland stated that he has represented the City of this board for a good many years. He is in constant
contact with Bob White on many issues but the City does not have a lot of industrial areas in the City. Most
of the industrial growth in Henry County has been going south for many years. With residential and
commercial Bob White contacts him on a regular basis with questions or something and refers developers to
him.

Councilwoman Gilbert asked if Mr. Strickland is essentially the City’s representative on the Economic
Development Authority Board. Mr. Strickland responded “yes” and has been for years.

Item 9 – Prepare Green Space Plan and Participate in Georgia Program. Again it states underway. What
does underway mean? Julius Ross responded that it is a continuing effort. One of the initiatives was the
former governor had a green space program and the County and Cities could apply for to purchase green
space. The program is no longer funded although it is listed in the books as a program. One of the initiatives
under the Comprehensive Plan is to create a master plan for green space and we hope that to be a joint
Cities/County planning effort as well to create a master green space, parks and trails plan, which theoretically,
we are told to get much more funding from some of the private and public funds for green space and for the
development of green space, parks and recreation facilities in the Cities/County. But without the master plan,
most of the funding foundations, etc. are reluctant to provide the funding if you are not working according to
a plan. This item is in the County’s Short Term Work Program as well.

Ted Strickland pointed out that when subdivisions are approved the City requires about twenty (20%) percent
green space and have been doing this for years as subdivisions are being developed. Councilwoman Gilbert
asked if this is in any sort of formalized plan. Ted Strickland responded that it is required by Ordinance and
Development Agreement and the City does not let them develop a subdivision without about twenty (20%)
percent green space. Councilwoman Gilbert said she understands but it’s not part of the “green space” plan
in that it’s not yet been developed. Mr. Strickland said there has been a lot of “green space” approved by the
City of Stockbridge since 1990.

Councilman Evans asked if Henry County purchased some acreage under the “green space” plan several
years ago. Julius Ross responded “yes” about four (4) parcels some along the South River, some across
Panola Mountain Park, directly across from the entrance on Highway 155 and another piece somewhere he
can’t remember at this time. These were funded through the governor’s green space grant program. Mr.
Ross said the idea would involve inventorying all of the pieces and parcels of green space in subdivisions
and other locations to see what would be a good way to connect them with trails and also identify new
opportunities to establish and protect “green space”. He used the example of Cobb County purchasing “green
space” for $40,000,000. They did a bond issue to purchase the “green space” but after you build out your
community and used up all the “green space” then “green space” becomes a premium. It would be best to
prepare a plan now while the county is only sixty-five (65%) percent developed and we have a lot of green
areas still in the County. There is much opportunity to connect it now to have a nice system of “green space”
parks and trails through the County.
Kathryn Gilbert made a motion to accept and transmit; Fred Evans seconded, and passed unanimously.

HENRY COUNTY PARKS AND RECREATION - DAY CAMP FOR CHILDREN AGES 6-12 – Jessica
Bradley with Henry County Parks and Recreation is requesting the City sponsor some children for camp this
summer. Mayor Kelley stated that he understands that Stockbridge is the only City that they are requesting
these funds. Jessica Bradley stated that they have a location in each City and are trying to get sponsorships.
The money donated by Stockbridge will stay in Stockbridge at the J. P. Moseley Recreational Center. Mayor
Kelley said he is asking if they have been to the other cities, Hampton, Locust Grove and McDonough to
request funds. Ms. Bradley responded that they have sent the same information to the other cities that they
sent to Stockbridge. In the past, McDonough always donates some but they have not this year.

Ted Strickland gave a report that he contacted James Lee, City Manager, McDonough; Mayor Corley,
Hampton; and, Loretta Lindsey, Mayor, Locust Grove and they have not returned his calls at this time. Tim
Coley, Director, of Henry County Parks and Recreation stated that they do not have a location at the City of
Hampton right now, so they are not pushing Hampton right now. This will be the first year they will have a
sight in Locust Grove.

Mayor Kelley asked how many children is the county sponsoring. Mr. Coley said right now the County is
sponsoring about ninety (90%) percent of the children. Mayor Kelley asked ninety (90%) percent of what.
Mr. Coley’s reply was ninety (90%) percent of all scholarships they give. They probably have about twenty
(20%) percent of the children on scholarship and out of those children it is roughly $80.00 per week, and they
have about 350 children a week in the program. So, approximately seventy (70) children a week are on
some sort of scholarship either full or partial.

Mr. Coley said they do a golf tournament every year that raises a little money and they get money from the
City of McDonough and the rest is all parks and recreation. It’s all the County taking up the tab. Mayor Kelley
asked what’s the County putting in dollar wise. Mr. Coley responded probably $3,000.00 per week, $24,000
per year. Councilwoman asked if that’s the amount of scholarship money you are looking for to sponsor
children. Mr. Coley responded that’s how much they spend a week right now. Councilwoman Gilbert asked
how much do you take in from paying customers. Mr. Coley responded maybe $20,000 because they have
about 350 children a week that come to camp over all their locations. They charge $75.00 per week plus
$10.00 if they come in early and probably half of them do, so they do their numbers on $80.00 per week per
child. There are fifty (50) children to seventy (70) children per week asking for some sort of scholarship or
assistance whether they pay fifty dollars ($50) or thirty dollars ($30) or whatever they will pay. If you take
their staff, building maintenance, electrician, etc and take all that out, just the field trips, gas, etc. it cost
roughly thirty-five dollars ($35) per child a week to run the camp.

Councilwoman Gilbert asked what McDonough has done in the past. The last year Mayor Craig was in office
they gave $4,000.00. Then they dropped it to $2,000.00 because they gave the other half of the money to
the Henry County Middle School for their program. Mayor Kelley asked what else do for the children besides
field trips. Ms. Bradley said they take them swimming, but during the day they have a free lunch program
and a snack and a tee shirt each week. During the day they do different activities indoor and outdoor. They
do arts and crafts and games day to day. The biggest thing they are in a structural environment and not
being left with 13 or 14 year old siblings and running the streets. The children are adult supervised and
hopefully a positive environment to keep them out of trouble.

Councilwoman Gilbert asked if there are any educational components to the programs or is there a concerted
effort to be an educational experience, not necessarily I’m teaching you something but you are learning
something and you don’t know it. Is it pretty much structured games, arts and crafts, and maybe an
occasional field trip and maybe go swimming? She would like to hear if there is a real educational component
or something of that nature. Mr. Coley responded that they do an after school program and they take foreign
language, prepare for tests, and things like that. This program is recreational and they are not a licensed
school program to be able to do a lot of teaching. They are in the after school program but the day camp
program is more structured around fun and fitness, etc.

Councilwoman Gilbert asked if they have talked to any of the arts organizations about possibly working their
programs into their day camp programs. Mr. Coley responded that they started a music class last year and
they have seventy (70) children taking music lessons through their program. They plan to start a chorus
group and looking to start a children’s section with the Henry Players.

Mayor Kelley said the Council does not want to stay all night setting up their program for them because they
are capable of doing that. What he recommends to the Council is we get with the other three (3) cities. It’s
a good program and he thinks the cities need to get together and decide what hand we want to play in it. We
have a cities organization in Henry County call the Henry Municipal Association (HMA). He recommends the
Council table anything on this and get with the other cities and see what they have come up with. The reason
he asked what he asked earlier is we have a lot of groups to Stockbridge and ask for something and don’t go
to the other cities. If the City is going to donate it should be done on a four (4) city basis. If you’re not going
to do anything in Hampton of course they want be included. Councilwoman Gilbert said we could take it to
the point that there are probably children from Hampton that are participating in the program even if there’s
not a program in Hampton.

Harold Cochran made a motion to table until it is discussed with the other cities; W. A. Gardner seconded;
motion carried and Kathryn Gilbert opposed.

NEW BUSINESS

OLE’ STOCKBRIDGE DAYS – SATURDAY, MAY 10th, 9:00 A.M. to 5:00 P.M. - Joe McDaniel addressed
the Council on behalf of the Stockbridge Masonic Lodge #691 requesting sponsorship for Ole’ Stockbridge
Days. They want to make sure the City is going to sponsor them again this year. They have made a few
additions he wants to point out to the City. They are adding a car show like they use to have and it will be
put in the back. They are adding the Georgia Chip Program this year. It is a child identification program. It
is absolutely free for the parents and no money can be taken for the program. This is being funded through
businesses and any money they can raise through the festival and other events such as the golf tournament.
The main thing he wants to discuss with the Council is on the literature in their folders. Last year their 2007
expenses for the festival ran about $2,900.00. Don’t know if the Council understands but the money they
raise does not go back to their lodge. They pay their bills with it and they pass out scholarships. Last year
they did four (4) $500.00 scholarships for Stockbridge students. Playing with the numbers, looking at what
the festival did alone, and left them with a deficient of $2,800.00. The City or Henry County Chamber gave
them a check for $2,000.00 and it was appreciated. The projected figures for this year 2008, there are several
items that they needed, like a new battery, but they did not get the funds so they did not get another battery.
They didn’t see where they could actually do that looking at some of the other expenses they were going to
have. There is a conference listed which is $1,000.00 and what that conference does is we send several
representatives to it and it’s a southeastern festival/fair conference where you go in and network and learn
how to build up the festival and how to do them better. There again, some of these items they did not do
because they don’t have the money. The biggest thing that he is looking for is to find out what the City’s
position is on the Ole’ Stockbridge Festival. It’s a very popular festival. They have an application from the
EMT’s to participate and they do not charge them for a space. Major McBrayer has requested space and of
course they will let him have a space at no charge.

If anyone wants information on the Georgia Chip Program they can contact him and he will be happy to
answer any questions on that.

Councilwoman Gilbert asked if they are looking for $2,015.00 from the City of Stockbridge. Mr. Coley
answered that was their 2007 numbers and they don’t know the numbers for 2008. They have revamped on
their side where they have altered the pricing for the booths. They altered the price on food vendors and
they are trying to make their end of it to carry the load, too.

Mayor Kelley said that in his opinion that we can only go with so much money because it’s an advertising
thing for the City and we have to receive something for our money that’s spent. We have to keep it within
reason. Councilman Evans read that contract services for 2007 were raising it to $3,000.00. Mr. McDaniel
said when they picked up the check it was for $2,000.00. Councilman Evans asked where they advertise the
festival. They advertised in the Welcome Centers this year. To give the Council a little history he is relatively
new at the lodge he has only been there since 2001. The former director/coordinator for Ole’ Stockbridge
was Dave Planchion. He did a wonderful job for the help that he had. He kept the festival operating but this
is a pretty labor intensive thing if you really try to work it. He is very fortunate right now because he has
several good workers. Councilman Evans said we receive a magazine every month from the state and in
one portion of it there’s always arts and crafts festivals. McDonough is always in it but Ole’ Stockbridge Days
is never in it. Mr. McDaniel said he took over two (2) years ago and at that point and time he worked real
hard to pull the festival off and he did it on a shoe string and did a fine job. Since everybody has jumped in
and they have been going back to the Welcome Centers, they have been contacted by people requesting
information so they can update and get it correct in their publications. That is not an easy process to do over
night. Councilman Evans suggested they start about two months early on their advertising. Mr. McDaniel
said they have been working on their advertising since the end of last year. There are so many places this
festival could go and they are not easy to find especially since they are the low cost advertising because they
have no money to let us know they are there.
It was brought up that in the past the Masonic Lodge use to print a booklet with the City’s Logo to sell
advertisements. Councilman Evans said they stopped because the City Logo was a copywriter item.

Ted Strickland said they could advertise in The Stockbridge Link, the City’s news letter. Councilwoman
Gilbert pointed out that Ole’ Stockbridge Days was mentioned on the City’s Website. She asked what the
City will be getting for our $2,000.00. Mr. McDaniel replied it is Ole’ Stockbridge Days. Mayor Kelley said
we are getting promoting Stockbridge out of it and they have done a good job and it brings a lot of people in
for the businesses in the City.

Regina Meeks, Stockbridge Florist, stated that this is Mother’s Day week-end and the traffic is so bad that
nobody can get in or out. She was wondering if Ole’ Stockbridge Days was chosen that week-end because
of when Stockbridge was founded or if the weekend before if people are buying gifts for Mother’s Day it would
be a better date. Mayor Kelley responded that we should take a look at that next year.

There was discussion over whether to fund Ole’ Stockbridge Days for $2,000.00 or $3,000.00. Mayor Kelley
said the Chamber has changed the way they distribute the funds. The Masonic Lodge must submit their
invoices to the Chamber for payment up to the amount the City appropriates for the festival.

Andy Welch explained that the funds will come out of the funds the City pays to the Chamber from the
Hotel/Motel tax. State law requires that the City use that money for advertisement not just as a blanket “give
out” for the festival. All the cities in Henry County are having the same issue where Community Affairs says
you can’t use that money for direct payment of the event, but it can be used for advertisement. Anything to
promote an activity that is going on. The City of Locust Grove is doing the same thing by spending money
through the Chamber and spending their own money because a portion of their money comes back in to the
City coffers. You could spend a portion of that money that you collect from Hotel/Motel tax as long as it’s
going toward advertising. Since the City has had advertising in the news letter that goes out to the Welcome
Centers plus the advertisements in the newspaper, you can compensate them for those advertisements as
long as that’s what it’s being used for.

Mr. McDaniel stated that he actually learned about this rule today. Mayor Kelley stated that they should get
started a little earlier next year and coordinate with the Chamber and maybe get a little more money.
Councilwoman Gilbert suggested the Masonic Lodge bring in an advertising budget.

Mr. McDaniel asked if they could put their banner up at WalMart. Ted Strickland said the City took the poles
down because they were leaning and weren’t being used. That’s not a problem, they can be put back. Mr.
McDaniel asked if he needs to get with Randy Willis to get the poles put up. Mr. Strickland said that want be
necessary because Randy is present at this meeting and he hears you.
Fred Evans made a motion to appropriate $2,000.00; Harold Cochran seconded, and passed unanimously.

ALCOHOL ORDINANCE – Andy Welch presented an ordinance to amend the alcohol license provision to
update the fee schedule and adding a few more provision and definitions to the alcohol ordinance to bring it
up to compliance with the State Law such as a tasting room, importers and brokers.

Mayor Kelley said this amendment will get the City’s Alcohol Ordinance up-to-date with the State Law where
people dealing with broker’s licenses and importers and also tasting rooms will be able to get a license from
the City.

Kathryn Gilbert made a motion to approve the resolution updating the alcohol ordinance; HaroldCochran
seconded, and passed unanimously.

GRIFFIN TECHNICAL COLLEGE SATELLITE FACILITY RESOLUTION – the Henry County Chamber of
Commerce Education Foundation is assisting Griffin Technical College’s Technical College Steering
Committee to locate a satellite facility in Henry County. They are asking for the City’s support in their effort
to bring a technical college to Henry County.

Mayor Kelley said he certainly feels the Council will support this effort.

Kathryn Gilbert made a motion to approve the resolute to bring Griffin Technical College to Henry County;
Fred Evans seconded, and passed unanimously.

HENRY COUNTY STORMWATER MANAGEMENT RESOLUTION – Ted Strickland explained that the
Henry County/cities have awarded URS Consulting firm to provide the hydrologic and hydraulic analysis and
mapping of the existing and future land use conditions of the 100-year floodplain. This program was started
several years ago with stormwater. The City collects an annual fee of approximately $400,000 per year under
the stormwater program. These funds are used to maintain the City’s detention ponds, surface water and
underground drainage system. The Environmental Protection Division (EPD) has a lot of requirements the
City must follow and this is how these funds are used.

The contract with URS Consulting will include hydrologic analysis, hydraulic analysis and mapping of the
existing and future land use conditions. The future conditions study will be in accordance with the
requirements detailed in the MNGWPD Model Floodplain Management/Flood Damage Prevention
Ordinance.

Mr. Strickland read the resolution: This resolution authorizes the City of Stockbridge to execute an agreement
between Stockbridge and Henry County regarding the Metropolitan North Georgia Water Planning District
floodplain mapping requirements. It also authorizes the Mayor to sign all documents necessary to effectuate
this resolution and authorize the City Clerk to attest the signature and affix the official seal.

Mayor Kelley stated that by going with Henry County and the other cities would save the City a considerable
amount in fees. If the Council is in agreement with the proposal, an intergovernmental agreement will be
provided and no charges will be incurred until after July 1, 2008.

Fred Evans made a motion to go with the Henry County Stormwater Management; W. A. Gardner seconded,
and passed unanimously.

RENAME THAT PORTION OF EXISTING COUNTRY CLUB DRIVE TO PATRICK HENRY PARKWAY
RESOLUTION. Mayor Kelley explained that this resolution will rename a small section of Country Club Drive
to Patrick Henry Parkway because of the new design of streets and opening of Patrick Henry Parkway.

Kathryn Gilbert made a motion to rename the small section of Country Club Drive to Patrick Henry Parkway;
Harold Cochran seconded, and passed unanimously.

Councilwoman said there are some issues with signage at the intersection of Country Club Drive and Patrick
Henry Parkway that make it difficult. Is this a City, County or State issue? Mr. Strickland will check to find
out who is responsible for signage or possibly a traffic light at the intersection.

WOLVERTON & ASSOCIATES RESOLUTION – Mayor Kelley introduced this resolution to contract with
Wolverton & Association to design east side by-pass from Rock Quarry to Valley Hill. This by-pass will go
from Rock Quarry Road across Highway 42 and curve around to Valley Hill Road. The City has been working
on this for years and the State won’t even discuss anything with us until we get all the planning and
engineering done. Councilwoman Gilbert said that the State still may not discuss it with us.

Mr. Kelley said that we met with some State people and until the City gets this we are not going anywhere
with it. The State engineers liked the plan. Councilwoman Gilbert said she was with Roy Clack, SPLOST
Manager, today and she mentioned something about the design for the by-pass. He was not aware that the
City was going to be doing the design. Mr. Clack said he would be getting in touch with Ted. She asked Ted
Strickland if he knows anything about Roy Clack. Mr. Strickland told her that A. J. Welch, City Attorney has
been working with the State DOT regarding this by-pass. The City’s County Commissioner, Reid Bowman
representing District IV has also been working with the City to get this project started. This project was in the
first SPLOST program and the City can’t depend on SPLOST to get this project done. Councilwoman Gilbert
said Roy Clack needs to know from the SPLOST funding standpoint what projects the City is considering.
MayorKelley responded that the City is working with the City’s Commissioner on the east side by-pass.

Fred Evans made a motion to adopt the resolution to contract with Wolverton & Associates to design the east
side by-pass; Kathryn Gilbert seconded, and passed unanimously.

Andy Welch wanted all of the Council to know that the contract has a not to exceed limits which is standard
practice for the City of Stockbridge in case anyone was wondering.

UREY COMPANIES, LLC RESOLUTION – Ted Strickland gave the Council and update on this project. Mr.
Strickland said the contract for $774,000 to complete from Old Conyers to Love Street; then picking up at
Flippen Road, then west along Old Atlanta Road to Davidson Parkway with sidewalks. The contract includes
streetscape and sidewalk on Old Conyers Road to Love Street. Mayor Kelley must sign the documents and
send them back to the State as soon as possible.

This resolution is authorizing execution of contract between Urey Companies, LLC and the City of
Stockbridge regarding Old Atlanta Road and East Atlanta Road Sidewalks (STP-0002-00(857), P.I.
#0002857.

Harold Cochran made a motion to adopt the resolution approving agreement with Urey Company to install
sidewalks on Old Atlanta Road and East Atlanta Road; Kathryn Gilbert seconded, and passed unanimously.

NORTH HENRY BOULEVARD/SOUTH LEE STREET STREETSCAPE IMPROVEMENTS RESOLUTION
– Mayor Kelley advised that this resolution authorized the Mayor and Clerk to sign Sponsor’s Certification of
Final Acceptance and the Transportation Enhancement Project Statement of Final Project Expenditures for
streetscape on South Lee Street and North Henry Boulevard which includes the wall in front of the
Stockbridge Elementary School constructed by JHC Corporation.

Harold Cochran made a motion to approve resolution authorizing Mayor Kelley and Clerk to sign final
documents for the North Henry Boulevard/South Lee Street Streetscape; Kathryn Gilbert seconded, and
passed unanimously.
ARCADIS WORK AUTHORIZATION NO. 12 – Arcadis is submitting Work Authorization No. 12 to continue
the agreement dated September 19, 2002 Services Agreement. This agreement will provide Sewer System
mapping for $15,000.00 and Water System Mapping for $5,000.00. The Metropolitan North Georgia Water
Planning District requires the City to maintain updated water and sewer system mapping.

Ted Strickland reported that Arcadis has been working with the City and with Henry County Water and Sewer
Authority for many years. They have been updating the City’s water and sewer system and this is a
continuation of the existing contract. The City is doing their part and the County is doing theirs.

Mayor Kelley recommended continuing the contract with Arcadis. Mr. Strickland advised the Council that if
the City decided to go with another company a lot of the work Arcadis has done will have to be redone and
we would pay for it again.

Fred Evans made a motion to continue the contract with Arcadis; Kathryn Gilbert seconded, and passed
unanimously.

HEATHER TURNER AND STEVEN BARRETT, 304 HAMILTON GLENN – Mayor Kelley stated that Ms.
Turner and Mr. Barrett were requesting a home occupation license to operate Top Notch Painting, a paint
contracting business out of their home. Mayor Kelley said he certainly does not recommend approving this
request.

Harold Cochran made a motion to deny request to operate a paint contracting business as a home
occupation; Fred Evans seconded, and passed unanimously.

Councilwoman Gilbert stated that in their absence if they want to pursue it and explain it to us what their
business is and how it would not be a problem in a home. Mayor Kelley said we have had a lot of problems
with homes having this type of business. They will tell you they are not going to store paint at their house
and they start storing paint and they don’t quite tell you the truth. He further stated that very few home
occupation licenses should be approved; he’s not saying all of them but the Council needs to scrutinize these
cases real good. Councilman Evans said that hardly anything should be approved in the construction
industry.

Mayor Kelley said since they are not here tonight they are not that interested in it anyways.
VICTOR BARAHONA, 413 CENTRAL LINE, NORTH BRIDGE STATION – Mayor Kelley said Mr. Barahona
is requesting a home occupation license to operate Alpha and Omega Construction Company, a building
contracting business. Failed to Appear.

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

SHAJU MATHEW, PRESIDENT, SM&MM, INC., D/B/A EZMART AT HIGHLANDS, 2240 NORTH HENRY
BOULEVARD requested an alcohol beverage license to sell beer and wine at this location. He has
completed the application for an occupation tax license, the alcohol license, and he has presented all
documents necessary and paid all fees.

Harold Cochran made a motion to approve alcohol beverage license to sell beer and wine; FredEvans
seconded, and passed unanimously.

BIDS

Lee Boy Paver (Track)
All Respondents Meet the Minimum Specifications

Reynolds-Warren ........................................... $60,800.00 - APPROVED
1945 Forest park Way
Lake City, GA 30260

Joe Money Machinery .................................... $67,250.00
4400 Lewisburg Rd.
Birmingham, AL 35207

Nortrax ........................................................... $67,570.00
1031 Whites Creek Pike
Nashville, TN 37207

Ted Strickland advised the Council that all of the bids met the minimal specifications and are basically the
same. The low bid was Reynolds-Warren out of Lake City, GA. The City repaved the walking trail at Clark
Park and this is the type of equipment we used. The City’s labor force did the labor and learned how to
operate this piece of equipment. It will save the City money in the long run because we still need to do
another park or two before it’s over with. We are always patching pot holes and places we have to dig up.
Mayor Kelley pointed out that this is a budget item in the 2008 budget.

Harold Cochran made a motion to purchase from the low bidder, Reynolds-Warren in the amount of
$60,800.00; Fred Evans seconded, and passed unanimously.

Econolline Mixing Tank
All Respondents Meet the Minimum Specifications

SealMaster ..................................................... $ 7,685.00 - APPROVED
Atlanta, GA 30336

SealMaster ..................................................... $ 8,045.00
Tampa, FL 33619
SealMaster ..................................................... $ 8,495.00
Madison, NC 27025

These bids are for an Econolline mixing tank. All the respondents meet the minimum specifications which
are the same. SealMaster of Atlanta is the low bidder with $7,685.00

Fred Evans made a motion to go with the low bid from SealMaster, Atlanta in the amount of $7,685.00; Harold
Cochran seconded and passed unanimously.

LARRY DAVIS – APPEALING EMPLOYMENT DISMISSAL.

Ted Strickland addressed the Council with facts regarding the dismissal of Larry Davis on March 24, 2008 I
received a telephone call from Terry Kight about a problem we were having. She stopped Larry Davis and
he had some of the City’s equipment in his personal vehicle after 5:30 P.M. in the afternoon. Larry Davis got
off work a little after 4:00 P.M. and came back after 5:00 P.M. with a pocket full of City keys. Larry Davis
went into the City facility (shop) and got a new piece of equipment that has never been used, never had any
gas in it and put it in his vehicle. Terry stopped Larry Davis and called the police and had it investigated.
The Henry County Police charged Larry Davis with taking City property without permission. He was
terminated on March 25, 2008 at 8:00 A.M.

Mr. Strickland received a letter from Larry Davis on April 5, 2008 wanting to appeal Mr. Strickland’s decision.
Mayor Kelley asked Mr. Davis what he had to say.

Mr. Davis said on March 25, 2008 he didn’t use City equipment. What he wants to bring up is this has been
going on for years here at the City. He was authorized to use City equipment.

Mayor Kelley asked who authorized him.

Mr. Davis responded, Jack Jones.

Mr. Strickland said that Jack Jones is one of the City’s supervisors and is present.

Mr. Strickland said that Larry Davis told Terry Kight first that he said Jack Jones approved it then you turned
around and said Cary Melton approved it and then you said Randy Willis approve it and several others.

Larry Davis denied telling Ms. Kight that Melton and Willis gave their permission. He told her that Jack Jones
approved it and after she called Jack she went to Mr. Melton to get his opinion.

Mr. Strickland asked Larry Davis what he was doing with a pocket full of the City’s keys that were
unauthorized and going upstairs after hours getting a piece of equipment.

Larry Davis responded that those keys were over the six years that he has been there and the majority of
them were given to him over the years.

Mayor Kelley said he has been with the City over 30 years and nobody is authorized to authorize somebody
else to use City equipment, nobody.

Mayor Kelley asked Jack Jones if he authorized Larry Davis to come back after work and get equipment.
Jack Jones responded, no he did not.

Mayor Kelley asked Larry Davis if he had anything else.
Larry Davis said he was authorized and he has a witness that can vouch when he was authorized to use City
equipment.

Fred Evans stated that because Jack Jones is your supervisor he cannot authorize you to use City equipment
after hours for personal use.

Mayor Kelley asked who is your witness. Larry Davis responded Adam Daniel. Mayor Kelley said if he’s not
here, he’s not a witness.

Kathryn Gilbert asked what is the status of the criminal charges.

Larry Davis responded that talking to Detective Valentine and he does not know if he contacted any of you
all but he says it’s up to the job, it’s pending. It’s up to the City of Stockbridge how they are going to pursue.
To this day it’s considered burglary.

Mr. Strickland said he has been out there on several occasions and talked with them. If he remembers
correctly talking with the group about a year or a year and a half ago about either taking equipment or doing
something and you kept wiggling around and I singled you out as you might be the one fooling with stuff;
because you were so disgusted that he was talking about this while everybody else was paying attention.
He does not remember exactly what that was but you were totally disgusted that I was talking about. Maybe
Jack Jones or Cary Melton could remind me what was being discussed when I singled you out.

Mr. Strickland said he has never authorized anybody and he has stated in the meeting that if you are caught
steeling equipment I myself would make sure you are prosecuted. You were sitting there when that was said.
When you left at 4:00 P.M. and then came back at 5:00 P.M. you had no business out there, you were not
authorized to be out there.

Terry Kight stated that she received a confidential informant call approximately a quarter after 5:00 P.M.
advising me that there was something funny going on at the shop and what would be her ETA and she
explained it would be two (2) minutes. She asked if we were having theft problems over there because we
do have a history of theft issues at that location. They said both phone lines were busy and only one person
was to be there after 5:00 P.M. It was a City employee waiting on a ride, only one person. I called the police
for backup and headed over there. As I headed over there I photographed the employee who was supposed
to be waiting on a ride in his burgundy car at 5:20 P.M. I stopped him and asked is there anyone else in the
shop. The employee told me Larry Davis was in the shop and I asked why he is in the shop. You are
supposed to be closed at 5:00 P.M. and the gate locked why is he there? His response was I don’t know. I
continued taking photographs and pulled up in front of the gate. I saw Larry Davis’ suburban parked long
ways in front of the office door. I could not see who was in there but saw the door open and close, open and
close very quickly in just a matter of minutes. I continued taking photographs of what was going on. I watched
Mr. Davis circle around the parking lot area and try to exit through the gate when he saw me. He then exited
the vehicle and asked if I would lock up the gate. I said no I need you to stay put, the police have been
called. I walked over to the truck and I could see the weed eater head sticking up in the back seat of the
vehicle. I asked him who gave him the authority to remove those City items. His response was Randy. I
called Randy and I said that’s not going to work. I asked who gave you permission to have City property. He
then said Jack. I got my cell phone and called Jack. I told Jack I had Larry here at the shop and I want to
know did you give him permission to take City property. Jack said no. Then I said come on Larry work with
me, who gave you permission to take this stuff. He said Cary and I called Cary and told him what I had and
Cary Melton said no I did not give him permission. I said come on Larry give me something, why are you
doing this. He would not give me an explanation. The police came out and he was put under arrest and they
emptied his vehicle. The weed eater that he took was one that the City just voted to purchase. It hadn’t even
been inventoried, it has been put in the back where no one was supposed to touch it. That’s what he had in
his vehicle along with a blower. I asked if he had any fuel or anything else that belonged to the City in the
vehicle. He said no, just those two (2) things. This is a photograph of the time line of what occurred that
night.

Cindy Davis, Larry Davis’ wife asked to speak. Ted you said nothing here was authorized with your
knowledge to use City property, is that correct. Mr. Strickland stated that he has never approved anybody to
take anything out. Therefore, are you stating even though you never said it that the supervisor would not
approve it. They are human just like we are. Mr. Strickland responded that they said they didn’t. Ms. Davis
said even though Larry has a witness to vouch that this conversation took place but they can use the
equipment as long as they brought it back and if they didn’t use their company vehicle to take it.

Mr. Strickland said he has never approved it so he can’t answer that.

Mayor Kelley said we are having this hearing tonight and if he was going to have a witness he should have
had them here tonight.

Ms. Davis said that due to the fact that criminal charges are pending and he was not supposed to mention
he has a witness because that is his witness.

Mayor Kelley stated that all we are here for tonight is to hear both sides of the story and the Council will vote
on whether to uphold the dismissal or not.
Larry Davis said he wanted to know if Cary Melton has anything to say about this. Mayor Kelley asked Cary
Melton if he has anything to say. Cary Melton said he has had several employees ask him and he tells all of
them that it’s against company policy to take any equipment home. Mayor Kelley said, so you didn’t approve
this. Cary Melton replied no.

Randy Willis was asked if he approved Larry Davis taking the equipment to use. Randy Willis said no he did
not approve it.

Fred Evans made a motion to adjourn the Regular Council Meeting, Kathryn Gilbert seconded, and passed
unanimously.

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

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

Fred Evans made a motion to reconvene the Regular Council Meeting; Harold Cochran seconded, and
passed unanimously.

Mayor Kelley said we need to make a decision on whether to uphold the dismissal of Larry Davis or to not
approve.

Harold Cochran made a motion to uphold Ted Strickland’s decision to dismiss Larry Davis; Fred Evans
seconded, and passed unanimously.

Fred Evans made a motion to adjourn; Harold Cochran seconded, and passed unanimously. The meeting
adjourned at 7:50 P. M.

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

EXECUTIVE SESSION

To consult with legal counsel pertaining to pending or potential litigation and personnel matters.

Reconvene General Session.
