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date: 2008-08-11
title: August 11, 2008 Minutes
source: 2008-08/2008-08-11_August 11, 2008_Minutes.pdf
pages: 1
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August 11, 2008

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA AUGUST 11, 2008

The Regular Meeting of the Stockbridge City Council was held on August 11, 2008 at 6:00 P. M. MayorR.G.
Kelley presided and members present were Harold Cochran, Shirley Dabney Fred Evans, W.A. Gardner and
Kathryn Gilbert.

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

Kathryn Gilbert gave the invocation.

Harold Cochran made a motion to approve the minutes of the July 14, 2008 Stockbridge City Council Meeting;
W. A. Gardner seconded, and passed unanimously.

Mayor Kelley welcomed guests.

PROCLAMATION – National Payroll Week – Ted Strickland read the proclamation that was presented to
Ms. Wilma R. Parker as representative of the American Payroll Association and its 23,000 members. The
theme of the National Payroll Week is “America works because we’re working for America” The collection,
reporting, and payment of payroll taxes by employers are a positive example of what works in America. The
goal of this association is the enhancement of the public’s understanding of their role in helping support the
system and the contribution of payroll professionals.

PLANNING AND ZONING

RESOLUTION – ADOPTION OF A COMMUNITY AGENDA ELEMENT OF THE JOINT 2030 HENRY
COUNTY/CITIES COMPREHENSIVE PLAN. Mayor Kelley introduced Julius Ross, Henry County Planning
and Zoning to present the Plan. Mr. Ross stated that the Joint 2030 Henry County/Cities Comprehensive
Plan is a culmination of three (3) plus year’s process where the Joint/Cities Comprehensive Plan community
agenda now comes for adoption. It was transmitted earlier this year to the Atlanta Regional Commission.
They made comments in a letter dated February 2, 2008 and Planning and Zoning addressed those
comments and the Council should have them with an erata sheet of changes that were made because of the
comments made by the Atlanta Regional Commission. These were not comments that we were required to
change but they were comments that the Atlanta Regional Commission and the Department of Community
Affairs recommended to improve the plan. Mr. Ross stated that they accepted those recommendations and
made those changes. He has not heard any additional changes from the City with the exception of one from
Mrs. Gilbert which they can address and bring back or the Council can consider it now in whatever motion
the Council makes and it regards the item on page 433 that identifies the high rise overlay district. The
change will make it in two locations, exit 228 and exit 224 on I-75. That being the only change he has heard
from the City of Stockbridge. Mr. Strickland explained that exit 224 is Eagle’s Landing exit and exit 228 is
Highway 138 exit and the Council previously approved both of these overlay districts. Mayor Kelley said he
does not understand what we are changing because we have already approved these overlay districts. Mr.
Ross said the only thing they are changing is a text amendment because the text says one (1) high rise
overlay district at the 675 and 75 split.

Mr. Ross said there are changes that Henry County is making and he can bring those changes back if the
City would like to adopt them. He would request that the Council adopt the plan as it is and the other changes
will only be minor amendments to the plan and he will being them back at a later time.

Kathryn Gilbert made a motion to approve the adoption of the Community Agenda Element of the Joint 2030
Henry County/Cities Comprehensive Plan; Fred Evans seconded, and passed unanimously.

GEORGIA B. JOHNSON, JONESBORO, GA; Stacy Jordan, Chief Planner, Henry County Planning and
Zoning stated that the item before the Council is a rezoning request from RA (Residential-Agricultural) to C-
2 (General Commercial) for property located at 962 Flippen Road. The property is located in Land Lot 6 of
the 12th District, consisting of 1.394 acres, and the request is for future commercial development. This
property is in the vicinity of Avian Forest subdivision. The property is currently zoned RA (Residential-
Agricultural) and it’s surrounded by RA zonings and there is C-2 in the close vicinity to the south but at the
present time there is only a cell tower located on the neighboring property. The future land use map calls for
low density residential up to 1.25 dwelling units per acre for the subject property. The subject property has
no immediate access to Flippen Road but rather it has a twenty (20’) foot wide easement that cuts across
residentially owned property. The planning staff recommends denial of the request. The Zoning Advisory
Board heard the request on July 10, 2008 and also recommended denial of the request.

Mayor Kelley asked if there is any questions and if everyone is familiar with this piece of property. Mr. Welch
stated this property is adjacent to I-75 and it was part of the old Stockbridge Country Club. The property was
bisected when they constructed I-75 and part of the land was cut-off and it was left without access except for
the twenty (20’) foot strip that comes off Flippen Road. In talking with Mr. Echols and receiving comments
from him he represents the property owner and the main purpose is to be able to put up advertisement signs
on I-75. At least that is Mr. Welch’s understanding of the request for rezoning.
Mayor Kelley asked does the property have to be zoned commercial. Mr. Welch responded that it is a State
law that the property has to be zoned commercial in order for them to put up signs. The Council can limit the
area that is being rezoned to just a strip of the property and would not rezone the entire track. There are
certain conditions that if the Council decides to approve the rezoning, they recommend that conditions be
attached to the rezoning. The Council would have to hear from Mr. Echols as to what he is proposing, and
of course, the public would have a right to make comments. Mr. Welch said that is his suggestion to the
Council.

Stacy Jordan stated that the planning staff was not aware that the applicant’s request was specifically for a
sign. The ordinance is very specific where signs can be located and just because it is zoned commercial
which is a requirement doesn’t allow them or give them a right to have a sign on this particular piece of
property. Mayor Kelley responded that it gives them a right to ask for it. Ray Gibson, Director, Henry County
Planning and Zoning, advised that they could seek a variance on the code. Mayor Kelley said we need to
hear from Mr. Echols and then go from there with it.

Ted N. Echols, attorney for Georgia B. Johnson advised the Council that he represents Mrs. Johnson, the
owner of the property at 962 Flippen Road. Some of the comments are accurate and some of them may
need some clarification and he would like to provide that clarification. The property has been used for
commercial purposes for a very long time. The Stockbridge Club was there even before the zoning code
came in to existence. The county has been taxing the property as commercial and manner of fact, they have
reassessed the property and increased it by more than twenty-five (25%) percent based on its commercial
value. Mrs. Johnson has been paying taxes as if the property was zoned commercial. It is for that reason
since it has been used for commercial and the conforming use is one of the basis for conforming its zoning
to its use was one of the reasons they want to rezone the property. He feels like it’s a fairness argument that
it be rezoned commercial because she has been paying for commercial property all this time. It has been
pointed out that C-2 property practically touches this property on the south side which is five (5) acres zoned
C-2 and its being used not only for a cell tower but for advertising also. This property is adjacent to I-75.
One point of clarification is that staff says it does not have access and he would argue that it does, it has an
easement as access to the property. That is just a clarification because Mr. Jordan pointed out that it does
have an easement.

Mr. Echols stated that the immediate use is getting one step closer for asking the County for a site for a
billboard also.

Mr. Welch asked Mr. Echols if his client is willing to agree the property can only be used for signage purposes
so that the club is not re-opened. Mr. Echols responded “yes”, his client would be willing not to have a club
or serve any alcohol. The Council granted a conditional use for a church in 2003 and Mrs. Johnson does not
plan to operate a club. The rezoning of the property to commercial would not upset the use of the property
for church purposes which the Council has already authorized her to do. The specifics of whether she would
limit it to a sign, he would have to ask her about that. She does not want to have anything written in the
granting of the use for commercial purposes that might prohibit what she has already been able to do, that’s
to allow a church to use the property if they were to improve it for that purpose.

Mr. Welch stated that some of the concerns that the staff has is that there would be a commercial piece of
property located behind the residential subdivision and for it not to be turned back in to something that would
be unacceptable to that community. What his and staff’s concern was to make sure it was tied down and
that’s the reason he said would they consider just having a wide enough strip of this portion of this property
zoned commercial so they could apply for the sign. The Council obviously can’t decide whether or not they
will get the sign or meet the qualification of it.

Mr. Echols stated that he would have to confirm with Mrs. Johnson and make sure that will be acceptable.
Mr. Welch asked Ray Gibson what’s his feelings on this matter. Mr. Gibson responded that he does not have
a problem with it but he wants to make sure that the Council approves the signage to go on the property and
they probably need to look at it more closely in terms of the survey to see if it’s actually allowed per the code
to go on that location. Mr. Welch responded that he would have to meet the code. Mr. Welch said what he
is trying to do is accommodate their desire to use part of the property as commercial but not infringe upon
and keep the buffer between there and the subdivision is what he is thinking. Mr. Gibson stated that they
have done that before in the County, so that’s an option.

Councilwoman Gilbert asked if this is something that possibly needs to be tabled for further information. Mr.
Welch said that could probably work, too.

Mayor Kelley asked if anyone is here regarding this. Mr. Norman Gleaton, 968 Flippen Road addressed the
Council and stated there is no subdivision close to this area. The closest subdivision is down the street next
to Flippen Road where I-75 crosses over Flippen Road. In this area it is only individual residential homes so
there is definitely no subdivision at this location. This has come up several times to change this property to
a commercial zoning and they have been defeated each time. The easement as there is crosses his property
and two (2) other properties to get to this place. They have been up and down this road a number of times
as to what this property is going to be used for. The County would say it was for commercial property for
some purpose, it was not stated for any special purpose. Just like tonight it wasn’t stated for anything,
although Mr. Echols comes saying it’s going to be used for signs. If this is deemed commercial, someone
could put anything wanted come future times. Mr. Welch stated he remembers Mr. Gleaton coming to
previous meetings and what he understands from Mr. Echols; they want to get enough of it zoned so they
sell a sign location on I-75. If that is all that it is limited to, do they object to just a sign being there. Mr.
Gleaton responded “yes I do” because it would come across his property to get to there. Imagine the number
of times they have to come through there and there are kids, etc up there. Mayor Kelley pointed out that they
have an easement to get to that property. Mr. Gleaton explained that all they have is him allowing them to
come by his property. The easement was back when the Club was there and land adjacent to his; it was all
family owned and they just allowed the road to be there. There was nothing legal or nothing written anywhere
to say what that bypass was for. When the Jehovah Witness Hall came, they did not want the road going
around their property so they asked if he would allow them to come across his property. Since everybody in
the area is family, he allowed them to come through there.

Mayor Kelley said all of this information is news to him and he suggested the Council table until the matter is
checked out.

Mr. Welch explained that there is no dedicated easement to this piece of property and he has concerns for
them coming in and putting up a sign across his property. Staff recommendation is to table and the parties
resolve their easement issues and come back before the Council. During this period of time, do a survey
and to see what you actually need for signage and see if that will comply with the County and the City codes.
If it complies, bring it all back at one time and that will make the legal end a whole lot easier for us. Mr.
Echols was in agreement.

Joyce Williams, 190 Banks Drive, she represents the Flippen Road Homeowners Association. Their main
concern is this commercial zoning, the sign on Flippen, and the traffic getting in and out. There are no funds
in SPLOST recommended in the next couple of years, no traffic lights, so if it is zoned commercial she is
concerned because there are no traffic lights to let them in or out on the side road of Banks Drive. These are
their major concern.

Harold Cochran made a motion to table the zoning request; W. A. Gardner seconded, and passed
unanimously.

REID BOWMAN, EAGLE’S LANDING PARKWAY IMPROVOEMENTS – Mr. Bowman requested to be
placed on the agenda to bring Mayor and Council up-to-date on the Eagle’s Landing Parkway project.

Kathryn Gilbert made a motion to amend the agenda to hear from Commissioner Reid Bowman; Fred Evans
seconded, and passed unanimously.

Mr. Bowman addressed the Council regarding some things the Commissioners are working on and keep the
Council abreast on what they are doing. They have had a few setbacks on Eagle’s Landing Parkway. The
State has pushed the project back to May, 2009. They are still trying to move forward with this project and
today he has given Mayor Kelley and Ted Strickland a set of drawings for three (3) different plans for Rock
Quarry Road which include the bridge over the railroad tracks and also includes a three lane continuous left
turn proposed. They have a four (4) lane proposed and a four (4) lane with a median. He thinks it is
imperative that we move forward with the four (4) lanes because it would take a lot of extra money to purchase
rights-of-ways because we need to move forward to get the by-pass so when the City is able to do their
project. The County may have to come back to the City for some help later on but right now they are going
to put as much as they can to see what they can come up with. Just wanted to let the Council know a few
things that are going on and everything else is moving forward and they are working on the bonding issues.

The bridge is in tier one; there is an intersection improvement on the Banks Road and Rock Quarry Road
improvements. This is just an update on what they are doing. If the Council has any questions, let him know.

Councilwoman Gilbert asked about the Eagle’s Landing Parkway situation, what is happening with that. Mr.
Reid responded that the issue behind that is he was told the State doesn’t have any money. He has a
meeting with Legislators and the Georgia Department of Transportation within the next two (2) weeks
regarding the possibility of going ahead with the bridge over the railroad tracks and the bridge in the wet
lands area. Those are the two major construction projects and if we can get those done while waiting on the
State to get their money so; when we let that additional portion of work everything will flow and we should be
fine. The issue is we want have all of the rights-of-ways acquisitions done quick enough for them because
they say we can do any work. He is actually trying to work around that, and he doesn’t know if he is going to
be successful or not but he is bringing it to a head anyway. The issue is he has sent twenty-five (25)
appraisals down to GDOT and they have only returned three (3) of them back in the last month. If they take
that long we have eighty (80) plus properties and if they take that long on all of them the project want be done
until 2010 much less 2009. He is trying to do something that will work best and that’s building the two (2)
bridges. There are some slope issues on the bridges and we do have elevation variations of approximately
three (3’) feet which is not really a problem because we have plenty to work with to get that temporary raise
in elevation until we can get it done. That is just a quick overview of what is going on. Mr. Bowman said as
Stockbridge’s Commissioner, Stockbridge is very important to him and the fact that he likes to work with the
Council and keep them informed of things that are going on as well as anyone in his district. It is important
that the Council know what they are doing and if the Council ever needs him, just give him a call and they
will be more than happy to do whatever they can.

While Mr. Bowman is present, Mr. Welch stated that he received today a resolution from bond counsel asking
the City to go ahead and approve designation the City’s capital projects. They are getting ready to issue the
bonds in September and they sent this resolution and he would ask the Mayor and Council to amend the
agenda to allow that resolution be heard tonight where if we have any questions, we could talk with Reid
Bowman. What the resolution is saying is that the bond counsel is going to go ahead and issue the bonds;
included in the bonds will be City’s projects of sewer line extension from Davison Road to Davidson Parkway,
the remodeling of the old City Hall, the roads projects, the new police precinct and land acquisition for the
fire station for a total of $6,626,500.00 that the City would get out of this portion of the bonds that the City
can go ahead and spend. Under the House Bill 489 Agreement the county had the right to make some
determinations on how much the City is going to issue and the City could issue the percentage of that amount.
The City is not getting all of the funds that we could get assuming the tax dollars come in, but as he
understands if the County is taking a conservative approach because of the drop in sales tax. Mr. Welch
said he just noticed today and there is also a request for an amendment to the existing agreement the City
has with the county concerning the use of the SPLOST funds. Mr.Welch said he thinks he understands the
bond sharing cost and it is based upon a percentage of what the City gets as to whole but he wants to verify
that with bond counsel. That is the way he is reading it and from what he heard from Patrick Jaugsetter,
Henry County Attorney that is his understanding of it, too. Reid Bowman said that is his understanding of it,
also.

Amended Agenda – Bond parameters Mr. Welch asked the Council to amend the agenda to add a
Resolution for the Mayor and Council providing for and among other things designating certain capital
projects, the request for the issuance of bonds by Henry County to fund such projects and establish
parameters of such bonds and the approval of the Second Amendment to the intergovernmental contract
that the City has concerning this and conditioned on Mr. Welch signing off on that and he recommends the
Council approve it as written today. He just wants to make sure bond counsel agrees with his interpretation
and if so the Council will go forward and sign.

Kathryn Gilbert made a motion to amend the agenda and adopt a Resolution authorizing the Mayor and
Council to designate certain capital projects, request the issuance of bonds by Henry County to fund projects
and establish parameters of such bonds and the approval of the Second Amendment to the
intergovernmental contract conditioned on A. J. Welch’s approval; FredEvans seconded, and passed
unanimously.

DR. NARAYANA BHAT & DR. MEGHA HEGDE, 123 GOLF TERRACE DRIVE – requested to be on agenda
to discuss options of “recycling” in the Villages (residence) in particular and City of Stockbridge in general.
Mayor Kelley noted that Drs Bhat and Hedge failed to appear. He advised the Council that Ted Strickland,
City Manager, has been collecting information regarding this subject.

Mr. Strickland stated that he has been talking with some recycling businesses. One especially, Coke Cola
has agreed to provide 60 gallon containers for each household. Each household would place all recyclables
in the 60 gallon container that will have an identification number to match each can to the proper residence.
They would receive up to $20.00 per month in coupons from local businesses such as Publix, WalMart, etc.
who get involved with the program with Coke Cola. The City would have to retrofit one of our trucks to pick
up these containers and would have to hire and run a crew to go through town and pick up the containers on
a time frame that would have to be determined if the Council chooses to implement this program. This would
encourage the public to recycle and right now the City would collect between ten (10) to fifteen (15) percent
to start with but could in to more than that over a period of time, hopefully fifty-five (55) percent. Mr. Strickland
warned that it will cost the City to go into the program and there may be some grants available.

Mayor Kelley instructed Mr. Strickland to continue working on this because this is a matter that we will need
a lot of information on before making a decision and suggested the Council table the matter until additional
information is forthcoming.
Fred Evans made a motion to table recycling pending additional information; Shirley Dabney seconded, and
passed unanimously.

ANTHONY J. SHERROD - 113 WILLOW HILL LANE - requested a Home Occupation license for a lawn
service business. Previously, the Council tabled their decision for Mr. Sherrod to go the Henry County
Planning and Zoning for information regarding this request. Mayor Kelley asked Mr. Sherrod what he has
done. Mr. Sherrod responded that when he first requested a license he worked landscaping. That in turn
gave the wrong perception thinking that he had bobcats, backhoe or something of that nature. He does not
have any of those. What he does have is a regular lawnmower that fits on a six (6) by ten (10) trailer. He
took pictures of it and brought them to Mr. Strickland and he advised me to bring them back to the Council.
He parks the trailer in his driveway which has a downward slope driveway and from the street you can’t see
it unless you are right on the top of his driveway. He would like to show the Council what he’s got. All he is
requesting is a license to cut grass.

Mayor Kelley asked if there are any questions for Mr. Sherrod. Councilman Cochran stated that the last time
this was discussed with Mr. Sherrod said he was not going to have any storage and the trailer is against the
ordinance. Mr. Sherrod asked what ordinance this trailer is against. Mr. Cochran asked Mr. Sherrod if he
had some other materials stacked in his yard. Mr. Sherrod said there is nothing of any value that would
cause him not to be approved; he doesn’t have no more than any other neighbor would have. If he was given
the opportunity he would go before the Home Owners Association and request a ten (10’) foot fence where
you couldn’t see it. Mayor Kelley said that’s beside the point, blocking it from view, the City Ordinance says
you cannot have any outside storage in a neighborhood. This is not zoned for commercial use and the
pictures clearly show you have storage on your premises. Mr. Sherrod responded, if that’s the problem he
can take those particular items in the picture and put them inside his garage. Mayor Kelley said you can put
it back as soon as you get your license, too. Mr. Sherrod said in that case, his neighbor across the street is
on the City Council and she would know. First of all, he is trying to do what is right, he has integrity, he put
twenty-five (25) years in the military and he knows what integrity is about. In that case, he could do like the
rest of them do, it doesn’t matter, he is trying to do what is right. All he is requesting is a license to cut grass.
He is not trying to buck the system he just wants to know why it such a big problem when someone is trying
to make an honest living. He stated he does not have a bobcat, backhoe, etc. He only has a small trailer. If
the other stuff in the picture is the problem he can put that in his garage. He didn’t know that would be a
problem at this particular time. He doesn’t have a problem doing that. He is not trying to break any rules; he
is just trying to do what is right and is just asking for the Council’s help like anyone else who is trying to make
a living. Mayor Kelley stated that the Council certainly wants him to make a living but he lives in a
neighborhood and he has to comply with association and City rules and to run a business you have to be in
a commercial zoning. A home occupation is basically for an office with telephones to be used where nothing
is coming or going and no outside storage. Mayor Kelley said he was just explaining that’s what it’s normally
for but if you are storing materials like in the picture and if he lived next door to you, he would be down at the
Council meeting hollering about this type of stuff. Mr. Sherrod said he could take the ladder and the other
small lawn mowers and put those in the garage.
Mr. Welch told Mr. Sherrod that he could not park commercial vehicles there at his residence. Mr. Sherrod
responded that it is not a commercial vehicle it a regular 150 Ford truck. Mr. Welch said no, no, the trailer
that you have that you are hauling commercial equipment on is what you cannot maintain on the property
along with the commercial properties that are shown in the pictures; that is what is trying to be explained to
him. That is what the Zoning Ordinance says that you can’t do. You can’t have the trailer, lawn equipment
there at his residence because that is part of his commercial business. He can’t have the sacks of concrete,
etc. shown in the pictures. Mr. Sherrod said he didn’t have sacks of concrete. Councilman Cochran pointed
that he had sacks of grass seed, fertilizer, etc. stacked in his yard. Mr. Welch stated that is part of his
commercial activity and he can’t have that at his residence. Mr. Sherrod said it is just like any other neighbor
would have grass seed and it’s only two (2) bags and it looks like to him that the Council is against him for
doing what any other neighbor would do. Mr. Welch said you can have all the grass seed you want at your
residence for your own grass. The question is if you go outside and use the grass seed as part of his
commercial activity. If he gets rid of everything of that nature at his residence and make sure it’s disposed
of where it want be a hazard to anyone. Mr. Sherrod stated that he is trying to see why this is such a problem
with him trying to do what is right, when you go outside on the street you will see a hundred (100) vehicles
and I bet you could stop fifty (50) of them and maybe one (1) of them would have a landscaping license or a
license to cut grass. Why is he being persecuted because he is trying to what is right, it is not fair. There
has to be some type of rule or regulation or exception to the policy that the Council could do for him. He is
not asking for a special favor, he is just asking for what is right. Mayor Kelley said those fifty (50) you see
are not all in the City of Stockbridge. Mr. Sherrod said he talks to them at the QT Station all the time and ask
if they are licensed and they say “no”.

Mayor Kelley stated that at the last meeting Mr. Sherrod attended, he asked for a letter from the Home
Owners Association giving their approval because the Council can’t approve anything without their approval.
Mr. Sherrod said he apologized to the Council because he must have misunderstood them but he does not
have a problem with drafting a letter to present to the Home Owners Association and wait for them to respond.
Mayor Kelley said he is not sure the Council will approve his request with that but it is a requirement.

Councilman Evans told Mr. Sherrod that the Council is not trying to persecute him. The ordinance being
referred to has been in place for years and years and it’s to protect the neighbors. You have to understand,
it has nothing to do with you personally, it’s the big fat Ordinance Book sitting next to Mr. Welch.

Mr. Sherrod said to just tell him what to do to get his license. Mr. Welch responded that he could get the
license, that’s not the problem. What you are asking for is a Home Occupation license. You can have a
Home Occupation to take orders off his telephone to go cut someone’s grass. The problem is you can’t
maintain the equipment there. Mr. Sherrod said he understands what Mr. Welch is saying but it’s still not fair
or right. He stated that he understands that the City has their rules and regulations and he is not trying to
buck it but every rule and regulation in the book does not necessarily mean it’s correct. You can upgrade it,
update it, change as time permits. It is not right and he stated that he does not have a thousand (1,000)
pieces of equipment in front of his yard but the stuff mentioned can be stored in his garage and the only thing
that will be out there will be his trailer and to look at his trailer it not a great big something. It’s not even as
large as a bass boat. It is not right, it is not right.
Harold Cochran made a motion to deny request, Fred Evans seconded, motion carried and the vote was 4-
0. Councilwoman Gilbert abstained from voting on this issue. Mayor Kelley responded that he understands.

JOE B. JOHNSON, 590 OLD ATLANTA ROAD - AUTHORIZING CONDEMNATION OF PROPERTY FOR
SEWER LINE RESOLUTION. A. J. Welch said this resolution is authorizing acquisition of a right-of-way
from Mr. Joe. B. Johnson. What the City is doing is putting in a sidewalk. When the construction reached
Mr. Johnson’s property, he objected to the sidewalk being put there. We had the property surveyed and the
City needs to acquire a ten (10’) foot easement to put in the sidewalk as part of the right-of-way of the road.
We have been unable to reach an agreement concerning the acquisition of the property from him and his last
demand was $10,000 for 1,500 square feet. They have found nothing that will closely justify that amount. It
is more in the neighborhood of $1.00 per square foot in value. If you were purchasing fee simple title to the
piece of property it would be in the neighborhood of $450,000 an acre. We are only getting the easement
and the right to put it in and we held-up on our Georgia Department of Transportation contract as a result.
He asked the Council to approve the authorization of what is known as a “quick take” acquisition of the
property for the easement. The appropriate documents will be filed with the Court along with the appraisal
and the City would pay the money, obtain the easement rights to go ahead to expand the right-of-way of the
road. Later, the City will have to resolve the amount of money to be paid, if they are not satisfied with the
amount of money awarded by the court.

Councilwoman Gilbert asked at this point do we have a number that we are offering. Mr. Welch responded
that we have a figure that we previously offered Mr. Johnson. We tried to handle it as a temporary
construction easement and that was not acceptable to them. They wanted the City to acquire the right-of-
way. The City offered them $500.00 for the construction easement which is basically $.33 a square foot for
what we were getting. The easement value is much less than the fee simple title. We are not ultimately
effecting the use of his property.

Mr. Welch recommended the Council approve this resolution.

Fred Evans made a motion to approve the “quick take” method to acquire easement for a sidewalk; Harold
Cochran seconded, passed unanimously.

GEORGIA POWER COMPANY AGREEMENT FOR INSTALLATION OF ELECTRIC DISTRIBUTION
SERVICE RESOLUTION – Mr. Welch advised the Council that Georgia Power Company needs an
agreement concerning installation of electric distribution service for the new City Hall and the development
at this site. Mr. Welch asked the Council to approve the resolution and authorize the City Manager to go
ahead and sign and deliver those documents.
Fred Evans made a motion to approve contract with Georgia Power Company and authorize Ted Strickland
to sign agreement; Harold Cochran seconded, and passed unanimously.

GEORGIA DEPARTMENT OF TRANSPORTATION AGREEMENT – TRANSPORTATION
ENHANCEMENT MEMORANDUM AND UNDERSTANDING BETWEEN THE CITY OF STOCKBRIDGE
AND THE GEORGIA DEPARTMENT OF TRANSPORTATION FOR OLD DOWNTOWN STREETSCAPES
– TE PROJECT CSTEE-0009-00-(093) Mr. Welch advised the Council that this is another one of the City’s
improvement projects involving Nolan St., Harold Dr., US23 to Love St., and Berry St. and he recommends
the Council authorize Mayor Kelley and the Clerk to sign this agreement.

Ted Strickland stated that this is the grant that Dana Lemons got for the City in the amount of $800,000 with
$200,000 matching funds.

Fred Evans made a motion to adopt a resolution approving contract between the City of Stockbridge and the
Georgia Department of Transportation; Harold Cochran seconded and passed unanimously.

2008 BUDGET AMENDMENT – Mayor Kelley stated that the next item on the budget is mid-year adjustments
to the budget in the amount of $2,361,601. The majority of the increase in the amount of $2,040,528 is for
SPLOST III. These projects include the Westside Sewer Line, Easements and Appraisals for the Sewer Line,
Refurbishing the Old City Hall and Engineering and Design of the Stockbridge Bypass (Rock Quarry Road
Extension). There is a $644,114 total adjustment to the Urban Redevelopment Agency Budget for the New
City Hall which is the five change orders which have already been approved by the Mayor and Council at
previous Council Meetings.

Mayor Kelley said that Nancy Brown, Finance Director, reviewed the budget adjustments individually with
each of the Council members. Mayor Kelley asked if there are any questions regarding the adjustments.

Fred Evans made a motion to approve the 2008 Budget Amendments; Harold Cochran seconded, and
passed unanimously.

THE HENRY COUNTY YMCA JEFF ALEVY – Mayor Kelley stated that the YMCA is requesting financial
assistance for the establishing of a full “youth and family” facility that will serve all of the Henry County
community. They have asked that this item be tabled to the next meeting.

Kathy Gilbert made a motion to table; Fred Evans seconded, passed unanimously.
SCARLET FRANKLIN, 73 PRICE QUARTERS ROAD, SUITE 173 - requested a letter of support and funding
for Wings of the Morning Services for Veterans. Ms. Franklin failed to appear and Mayor Kelley stated that
the Council would need more information before they could make a decision regarding this matter.

Kathy Gilbert made a motion to remove this item from the agenda; Shirley Dabney seconded and passed
unanimously.

PATRICK McHUGH, 15TH STREET PIZZA, 1481-B HUDSON BRIDGE ROAD, requested a special permit
for their 3rd Annual Brewfest supporting Autism. Mr. McHugh stated this is a fund raising event for Autism.
Mayor Kelley said we have not had any problems with this event in the two (2) years it’s been held and he
recommends approval.

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

MARK A. ALARCON, 326 DAVIS ROAD – Mayor Kelley stated that Mr. Alarcon requested a home
occupation license to operate a roofing and sheet metal company.

Mr. Alarcon said he thinks there is a little bit of a miscommunication between Wynonia Williams, Occupational
Tax Clerk, and himself. When he first came to City Hall and asked her for the different paper work needed
to open up an office in his home. He has been operating a roofing and sheet metal business for twenty-two
(22) years; lived in Stockbridge for twelve (12); south of Jonesboro for twenty plus. His office has always
been in the Decatur area and because of some of the things he is having to do to downsize to save money.
He shut down his office in the Decatur area to centralize. This is more an office, cell phone, fax, etc. like a
home office situation. He in no way form or fashion would come here and ask this Council but he lives on a
fairly busy road and it’s a residential district and his truck is out front and he doesn’t even have a ladder rack
on his truck. He sells and markets and he is a subcontractor. He does have some equipment and things
and those things are still at a friends shop over in Tucker. He just wants to touch base because he thinks
when Wynonia heard roofing she was really quick to say no, we don’t allow these types of things and you
have to override by speaking with the Council. Mr. Alarcon stated that if you go by the house, he has got a
building permit from the County strictly for a home renovation that he is doing so his property is about as
nasty as it ever looked. It’s usually not even as disruptive as it is now. He is asking for a home office,
telephone, fax, and computers to operate and facilitate his business. He has probably done a hand full of
jobs locally because he does most of his work commercially from Florida, Carolinas, and Tennessee where
he does most of his work right now. He just wants to clarify this matter because it’s just a misunderstanding
between Wynonia and him once she heard him say a roofing company.
Mayor Kelley asked if what he wants is a desk and phone. Mr. Alarcon responded that’s it. Mayor Kelley
asked if the stuff in the picture is materials he is using to work on his house. Terry Kight, City Code
Enforcement Officer stated that as you are looking at his house on the left side against a privacy fence
appears to be some sort of storage unit for sheet metal. Mr. Alarcon replied that on the left side of his home
you will see some wall panels and some trims. Those are some things that he is going to be installing shortly.
Actually Frank Brooks, Brooks Sheet Metal right here in Stockbridge is a good friend of his and he just met
with him today. He is fabricating some final trim details that he is going to do a deck under system on a deck
for which he has a permit. The permit is hanging on the front of his home and also he has a permit from
Henry County to do the renovations to the addition to his house. Those things are on going. These things
are personal and have nothing to do with business; he just needs to improve the house. Mr. Alarcon said
when he was sited for not having a permit to do the work, he immediately went down and took care of that
with Henry County. Working his regular job he has not been able to get the renovations done in a timely
manner as he would like to but he is moving more efficiently than he has in the past. If you look on the far
right he has rented a container and he taking furniture and valuable out of his home and putting them in the
container temporarily because he is going to be tearing out the carpet and he has already acquired the
hardwood flooring to go throughout the basement. These are just steps in his residential improvement and
no means what you are going to be looking at in the next month or two.

Mr. Welch informed Mr. Alarcon that he could not have commercial equipment at his home, no materials for
that operation, no employees coming to his home, and can’t be used as a paying station for employees. The
key is you can have a Home Occupation but you can’t operate a business out of your home.

Councilwoman Gilbert asked if he has employees. Mr. Alarcon responded “no he does not”. That is one of
the restructures that he has done and is where he has good quality subcontractors. She asked if he is a
general contractor. Mr. Alarcon responded that he is not a general contractor and that is where he and
Wynonia disagreed. He sells markets and brokers the sheet metal and roofing but he mainly does sheet
metal, sidings, gutters, etc. As far as that being on my property, she is correct, there are some of those items
there now but they are for his deck under system, cleaned up and out of there hopefully in the next six (6) to
eight (8) weeks. He plans on bringing in a thirty (30) yard container and cleaning up the debris on the side
of his property.

Councilman Gardner asked if he has any signs on his property. Mr. Alarcon stated “no” and the only sign he
uses is when he is actually actively working on a property. He has no intentions of doing any kind of
advertising on his property.

Mayor Kelley stated that if the Council approves his request it will only be for the home occupation license
for a telephone and desk. Councilman Cochran asked about storage. Mr. Alarcon stated that if you go there
it is even in more disarray that Ms. Kight will attest. It’s in worse shape than when he started the renovations
because of the storage container and the materials that will probably be put in this week-end to be honest
with you. As soon as he gets the trim from Brooks, he can clean the side yard up a good bit. By or before
Thanksgiving he is going to have his place clean with all of the containers and everything out of there.
Councilwoman Gilbert stated that over a year and a half ago in March, 2007 there was a warning issued for
no building permit. In April, 2007 a citation was issued and August 21, 2008 you failed to appear in court and
September, 2007 you finally got the building permit. That’s five months of not complying with the request to
get a building permit. True you were doing some renovating on the property during that time. Mr. Alarcon
replied that to be honest, there was a lapse there because he did do some work without a permit. His
neighbor built a half house on the end of her property and he never did accomplish everything, moving the
garage over, building the sun room because a lot of that had already been done. It has been done and hadn’t
been touched for almost a year. He had surgery on his elbow and didn’t touch the thing for almost one year.
As soon as she wrote the citation, he didn’t think it took him that long to get a permit.

Mr. Welch asked Mr. Alarcon if he gets everything cleaned up and the Council gives him a permit to start the
home occupation business the day after you get everything fixed and cleaned up and call for an inspection,
would that work for you. Mr. Alarcon responded “absolutely”. Mr. Welch addressed the Council and said he
could not start the home occupation until he gets all of the renovations done and everything cleaned up and
it would start at that time.

Mayor Kelley said once he gets all of that done, Ms. Kight will met him for an inspection of his property.

Kathy Gilbert made a motion to table this item until Mr. Alarcon completes the renovations on his home and
all debris has been cleaned from his property; Harold Cochran seconded, passed unanimously.

XAVIER HAGOOD, 122 SURGESTONE LANE - requested a home occupation license to operate a
construction company. Failed to appear.

Fred Evans made a motion to deny request; W. A. Gardner seconded, and passed unanimously.

MACEO BRAYBOY, 115 MEADOWRIDGE COURT - requested a home occupation license to operate a
lawn service. Failed to appear.

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

TROY L. GILBERT, 623 FAIRHAVEN BLVD - requested a home occupation license to operate a “handy
man” service. Failed to appear.
Fred Evans made a motion to deny request; Harold Cochran seconded, and passed unanimously.

DALE SOMMERVILLE, 802 TRAMORE DRIVE – requested a home occupation license to operate a
remodeling/construction company. Mayor Kelley asked Mr. Sommerville exactly what he plans to do as a
home occupation. He responded that basically he plans to fax and receive orders as a home occupation.
There is no equipment stored in his home. He has a panel van that he uses that has no markings on the
van. He has been looking into storage options. He is new to the area and he has been calling around trying
to find out if that will be a requirement. He has been getting prices in case that is a requirement.

Kathryn Gilbert asked Mr. Sommerville if he is the owner of this property or is he the renter. He responded
that he started out being a renter but he is negotiating a lease purchase right now. She asked if the owner
of the property is agreeable to what you are proposing. Yes, and if the Council needs written proof he can
provide that because the owner is fully aware of what he is doing.

Fred Evans asked Mr. Sommerville if he has a Georgia State Contractor’s card. Mr. Sommerville replied “not
yet”. Mr. Evans asked if he understands what he’s talking about. Councilman Evans stated that he is a
licensed electrician and he has to have a Georgia State Electrician Card. As of January 1, 2008 any
contractor in the industry has to be licensed under the Department of Trade. Mr. Sommerville replied that he
is just getting started in the construction industry and he is in the process of getting his State license. Mr.
Welch pointed out that he must get his State license even before the Council can consider issuing a home
occupation license. Mr. Evans commented that a State license is hard to get. You have to take a test in
Atlanta and it is tough.

Mr. Sommerville said he is 37 years old and he has years of experience. Also he was told there are some
endorsements that he can get so what he had done is contacted the general contractor he worked for in
Florida. He has someone working with him to get the whole process together. He has signed up at Perimeter
College and they offer the general contractor management course.

Mayor Kelley advised Mr. Sommerville to get all the training and degree and come back and the Council will
make a decision at that time. Councilman Evans told Mr. Sommerville that when he gets his State card, he’ll
find his liability insurance, etc. a whole lot cheaper. All of these requirements just protect the homeowners.

Fred Evans made a motion to table this item; Shirley Dabney seconded, and passed unanimously
FAOSAT ODEMUYIWA, 161 CROWN GLEN WAY (in the county) – Mayor Kelley stated the Dr.
Odemuyiwa requested a home occupation license for a Rental Property Business located at 235 Medical
Blvd., Suite A, Stockbridge.

Dr. Odemuyiwa addressed the Council stating that he and his wife own a commercial building on Medical
Boulevard and the tenant moved out about two (2) years ago. They have waited for someone to rent the
empty space but no one has come forth. They decided to turn it into a business venture instead of filing for
bankruptcy. They have done extensive research and they found a business that they like. This type of
business is present in Atlanta just near the airport. The business idea is flexible office units. This type of
business is having an office suite that is furnished with a secretary to provide administrative backup to people
who cannot afford to have a long lease. The idea is to rent the spaces out for an hour, a day, a week or a
month. The idea is also to supply administrative support to the people renting the offices. They have gone
through everything with the County, passed the fire inspection, their building has virtually been approved and
all they need to do is fax over the license of the plumber. The way this is listed is a bit wrong as it shows
they are requesting a home occupational license. They are not requesting a home occupational license. The
license will be for that commercial building. They certainly do not want to do that behind locked doors. He
presented the Council with copies of the kind of businesses operating in Atlanta. Mayor Kelley said the doors
are not going to be locked; it’s going to be an open business. Dr. Odemuyiwa admitted that this type of
business is an innovation in Henry County but he humbly request that the application license be approved
so they can carry out their business in earnest. They have no intentions of selling anything it will just be used
for a group of physicians wanting to talk about insurance and they can rent the space for one (1) hour. If
politicians want to get together and organize their political campaign and want to talk with their staff they can
rent the place for one (1) hour. They have a very nice environment with computers for people to do their
work. A college student can come in to complete a project without any disturbance. They have large
conference rooms that can seat sixteen (16) people with large conference tables. They have everything you
need to run an office. In Atlanta they classify these under general administrative services. In some instances
they are classified as secretarial and other businesses.

Councilwoman Gilbert stated that she has heard of this sort of business and actually it’s an adjunct service
that people who have home based businesses that need to have an employee meeting. They can use a
place like this and not have it in their homes. Ms. Gilbert stated that in her mind she sees it as furthering the
ordinance of not having a lot of traffic in homes where there are home based businesses.

Mr. Welch stated that he looked at this and he thinks they can operate this type of business and it would have
to be called an administrative service business. The key to it is when you are operating the business, you
have to make sure whoever comes in to do business has a license. What the City would have to do is put a
restriction on Dr. Odemuyiwa’s license to require that you make sure who is using the facility has a license,
if not you could use your license. That’s the only way the City can govern who comes in and out. Dr.
Odemuyiwa asked for example if a group of physicians who work at Henry Medical and they want meet for
an hour. They have licenses to practice medicine in the County, is that the type of license you are talking
about. Mr. Welch explained that if you have contractor to come in that want to solicit business from all of the
doctors, he has got to have a license from the City to do that. You have to make sure that whoever you are
renting to has the appropriate license. The doctor would not because he has a physician’s license or he has
a business license to operate a medical facility. If you go in there and rent part of it to someone to do in-
house surgery for example, they are going to have to have a license whether it is one day a week or ten (10)
times a week, that’s the problem. That’s where the responsibility falls back on you doctor. Dr. Odemuyiwa
responded that he understands perfectly but what if the person is coming from Gwinnett and has a client in
Henry County and wants to meet this client for one (1) hour to discuss some business proposals. Mr. Welch
responded that the question then is whether of not they have to have a business license to do business in
the City. Dr. Odemuyiwa asked “for an hour”. Mr. Welch said he cannot answer that question. What you
want is a guaranteed answer and that is not what the City can give you, so the responsibility is going to fall
back on you to see who you are renting to, what their purpose is and whether or not they have to have a
license from the City. Mr. Welch advised Dr. Odemuyiwa is going to have to make calls to see whether or
not they will be required to do it, and if they do, then the administrator keeps it on record because under
administrative services they have to come in and check his records periodically to make sure the ones that
are doing business there have a license.

Mayor Kelley asked if they are just there talking and not doing any business they would not be required to
have a license. Mr. Welch responded that would be a different story.

Councilwoman Gilbert asked if it would be beneficial to talk to other jurisdictions that have these sorts of
services and find out how they are handling them. Would that be something this Council would want to hear?
Mr. Welch said he thinks it’s been figured out and the key to it is issuing him an administrative license to
operate this business which is providing rooms for people to met in. Part of his license would simply say that
he has to insure that they are not there doing business unless they have the proper license from the City.
Example: if you have a book salesman coming in every Monday to use that office then he is doing business
in Stockbridge. But, if you have a bunch of nurses coming in to say hello to each other and they are just
looking for a room for training, etc. then that’s not doing business.

Fred Evans made a motion to approve an Occupational Tax license for an Administrative Services Business;
Kathryn Gilbert seconded and passed unanimously.

XAVIER HAGOOD – Fred Evans made a motion to amend the agenda and to place Mr. Hagood back on the
agenda; Kathy Gilbert seconded, and passed unanimously.

Mayor Kelley asked Mr. Hagood what he has in mind. Mr. Hagood said he wants to run a carpentry business
out of his home which he has been doing for the last eight (8) years in South Carolina. He is a new resident
and before he changes everything over to Georgia he just wants to make sure he can run a business from
his home. It will only be used for office purposes, no equipment will be stored at his home except for his
truck and all his tools will be in his truck. Materials will be delivered direct to the home site where he is
working. Mr. Welch pointed out that he cannot store any building materials at his home or post any signs.
Mayor Kelley said he will have to have a State contractor’s license. Mr. Hagood responded that he has a
state of South Carolina license. Mr. Welch told Mr. Hagood that he can take his South Carolina license and
apply for a Georgia License and take a minimal test. If he gets his Georgia license, he will qualify for a home
occupational license based on what he said. The Council can grant him a permit based upon him delivering
to the City the appropriate Georgia license. It is up to Mr. Hagood to get his license before he can do business
here. Mayor Kelley stated that the Council can approve Mr. Hagood a license subject to him providing the
City with a copy of his Georgia contractor’s license.

Fred Evans made a motion to approve issuing a home occupation license for a construction company subject
to Mr. Hagood submitting a copy of his Georgia Contractor License to the City; Kathryn Gilbert seconded;
and passed unanimously.

JAMES DENSON, 714 NIGHTWIND WAY – requested a home occupation license to operate a lawn service.
Failed to appear.

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

DAVID W. TURNER, 183 BAY COURT DRIVE – requested a home occupation license to operate a lawn
service. Failed to appear.

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

Mr. Sherrod re-entered the chambers and stated that he has a question for the Council. Is there a problem
if he makes some type of arrangement to back his trailer inside his garage? Would that be a problem? Mr.
Welch said the problem is the trailer and the equipment. Mayor Kelley said the first thing he would have to
do is get all the materials that he has stored outside cleared up and get the letter from the Home Owners
Association. Then when he gets all of that done he can reapply for a Home Occupation License. Mr. Welch
said he really needs to show the inspector that he can put the materials stored in his yard can be put in his
garage and it can be closed. He can call Terry Kight, Code Enforcement Officer for an inspection.

Fred Evans made a motion to adjourn; Harold Cochran seconded, and passed unanimously. Meeting
adjourned at 7:30 P. M.
Respectfully submitted,

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