---
date: 2009-07-13
title: July 13, 2009 Minutes
source: 2009-07/2009-07-13_July 13, 2009 _Minutes.pdf
pages: 1
---

CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA JULY 13, 2009

The Regular Meeting of the Stockbridge City Council was held on July 13, 2009 at 6:30 P. M.
Mayor R. G. Kelley presided and members present were Harold Cochran, Shirley Dabney, Fred
Evans and Kathryn Gilbert. Vernon Moss to be sworn in to complete the unexpired term for W. A.
Gardner.

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 minutes of the June 8, 2009 Council Meeting; Kathryn
Gilbert seconded, and passed unanimously.

Mayor Kelley welcomed guests.

Fred Evans made a appoint Vernon Moss to complete the unexpired term of W. A.
motion to
Gardner; Harold Cochran seconded, and motion carried.

PROCLAMATION —
Ted Strickland read a Proclamation to honor and remember former
Councilman W.A. (Rip) Gardner for his many years of service and contribution to the City of
Stockbridge. Mayor Kelley presented the Proclamation to Mr. Gardner's wife Imogene Gardner and
other members of his family.

Bill Burton stated that on behalf of the Gardner family he would like to address Mayor Rudy Kelley,
members of the Council and the City of Stockbridge employees. They want to thank everyone for
the expression of love and support shown to “Rip” during his illness and after his death. He so
appreciated all of the cards and beautiful sentiments and hospital visits from city staff. He said he
hopes each of the staff members know how much they meant to him and how much he wanted to
resume his regular visits to City Hall and most importantly he wanted to see the completion of the

new City Hall. They will never be able to express their gratitude for all of the beautiful ways the
City honored his life after passing; the beautiful blanket of ﬂowers on his casket, the ﬂags ﬂown at
half staff at City Hall and other City buildings, and the wreath on the door at City Hall. The City
ofﬁces closed between 10:00 AM to 2:00 PM and the wonderful luncheon given for all his family
and friends at the Merle Manders Conference Center. You were so thoughtful and kind and brought
such comfort to all of the family. Rip would have been so humbled by all the attention but very
honored as well. Simply said, Rip loved the City of Stockbridge and he knows the City of
Stockbridge loved Rip. Thank you again for all of the kind words, support and generous gifts and
most of all your love for Rip.

Mayor Kelley stated that we have another Proclamation to honor Dr. David S. Humphries for his
sacriﬁcial service to the community as a volunteer at Hands of Hope Clinic. Mayor Kelley asked Ted
Strickland to read the proclamation.

RAYMON GIBSON, HENRY COUNTY PLANNING & ZONING DIRECTOR requested the
opportunity to update the City Council on the Livable Centers Initiative (LCI) grant received from
the Atlanta Regional Commission. This LCI grant funding is for a study to be
conducted for portions of property located along the eastern and western I-75 corridor stretching
from Hudson Bridge Road, south to Jonesboro Road.
Mr. Gibson said ﬁrst of all he wants to update the Council on the (LCI) Livable Centers Initiative
that the Mayor just noted. The County hired Tunnels, Spangler and Walsh to do the study and
once again the total cost of the study is $125,000, $100,000 will come from the Atlanta Regional

Commission with a $25,000 matching funds from Henry County. This week they are doing their
ﬁrst public outreach to the stakeholders groups and the public involvement team is currently
completing interviews for the stakeholders. After those meetings they will have the only kickoff
meeting for the project on August 11, 2009 at 6:30 P.M. at the Henry County Administration
Building. There will also be a meeting at 5:00 P.M. for the core project team members that are
involved in this project. They are moving fon/vard and the next couple months they will be able to
give more information on where they are actually going in terms of data collection and research as
well as the design they wi|l'be looking at on this particular corridor. As we all know the City of
Stockbridge does have a lot of land in this study that they are going to be completing and the City's
input will deﬁnitely be needed. Feel free to contact them at the Planning and Zoning Department
at any time if you have any questions.

GENEVA IRVIN —
134 EAST ATLANTA ROAD requested a Variance for one tract of land

located in LL 68 of the 12”‘ District currently zoned C2 (General Commercial) for the purpose of
Church/Religious facility. Ray Gibson said the Variance is running concurrently with the Conditional
Use request which is the next item on the agenda. The Variance is for a reduced twenty foot (20’)
buffer, reduced building setbacks. As you all know from looking at the report to see the site plan,
the building actually encroaches into the railroad right-of-way property line. In addition, the
Church property is less than two (2) acres and the City code requires a lot size of two (2) acres
minimum. The last variance request is to reduce the number of parking spaces from thirty (30) to

twenty—eight (28). If the Council does not want to act on this request tonight it can be handled
administratively by the Planning and Zoning Department. They can give a ten (10) percent
reduction on parking requirements on site. The Zoning Advisory Board did recommend approval of
the three (3) conditions of zoning.

Harold Cochran made a motion to approve; Kathryn Gilbert seconded, and passed unanimously.

GENEVA IRVIN —
134 EAST ATLANTA ROAD —

requested a conditional use /exception of one
tract of land located in LL 68 of the 12”‘ District currently zoned C2 (General Commercial) for the

purpose of Church/Religious facility on the Property. Ray Gibson said this Variance request that he
mentioned above he will run through them again. The four (4) Variances are:

1. Reduce the required planted buffer strip from twenty feet (20’) to zero feet (0').

2. Reduce the building setback from ﬁfty feet (50’) to zero (0')

3. Reduce the minimum lot size from two (2) acres to 0.951 of an acre.

4. Reduce the required number of parking spaces from thirty (30) spaces to

twenty eight (28) spaces.

Mr. Gibson stated that the Henry County Advisory Board recommends approval including all four (4)
of the Conditional Uses.

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

BOYD EVANS —
1951 HIGHWAY 42 N —

requested a Variance for a tract of land located at
1951 and 1959 Highway North in the Eagle's East commercial condominium development in LL 34,
7”‘ District currently zoned C2 (General Commercial) for the purpose of Church/Religious facility.
Each of the condominiums is owned separately and the Conditional Use request is for each unit. If
anyone comes in for a unit within these numbers they will have to make a new application. The
Variance does not go with the whole property. The City Code does allow Churches in any zoning
district with an approved Conditional Use from the City Council. In talking with the applicant there

is one hundred
ﬁfty (150) seats in the mainsanctuary. Theapplicant's request was for the
required ﬁfty (50) parking spaces. If you would look at the back of this property, there are a
number of areas that we can put additional parking to address the parking calculations of ﬁfty (50)
parking spaces. Once the applicant submits plans to the Building Department and the Development
Planning Review Department and there are not enough parking spaces, they will be coming back
before the Council for a Variance request to address this parking issue.

The Henry County Advisory Board has recommended approval with three conditions and there is an
associated Variance request to reduce the minimum planted buffer in twenty (20’) feet to zero (0').
He would like to add another condition that says each unit is its own lot. You have to get a
Variance to reduce the building setback from ﬁfty (50’) to zero (0') feet.

Mr. Welch explained this is like a condominium so the Council can grant the variance if the Council
wishes. Councilwoman Gilbert said she has a question. Is the Church purchasing four (4) units?
Mr. Gibson responded they are purchasing ﬁve (5) units. Councilwoman Gilbert said it sounds like
this is going to be a permanent location for this Church. Is that in line with what the Council has
done in the past in a shopping center area where we are granting a Conditional Use that says this
is a handout to get you started but you can't stay there forever? Mr. Welch responded “you are
correct”. The policy has been to allow Churches to occupy in commercial areas for a limited period
of time. If the Council adopts this and allows it to go fon/vard then the Council will be setting a
precedent.

Councilwoman Gilbert made a motion to deny request. Mr. Welch advised that if someone wanted
to speak on this item and Mr. Welch stated that they should be allowed to speak. Mayor Kelley
stated that the Council should get a second and then allow discussion. Mayor Kelley invited Mark
Knight to come fon/vard and address the Council.

Mark Knight stated that he represents the owners of this property. The Church is not buying the
property, the Church is leasing the units. There are fourteen (14) months left on the lease. The
Church is not going to come in and buy the property and change the long term use of the property.
At the end of the lease it will come back to the owners and at that time the ﬁve (5) units will be

separated again and put out for commercial use. Mr. Welch asked if they are asking for eighteen
(18) months because the City does not give that long. It has been six (6) months and then the
Church has to come back to show that they have made substantial progress toward getting
property or constructing their building to ask for an additional six (6) months but the City does not
normally go past twelve (12) months. Mr. Knight said at this point, they are asking for six (6)
months and they will readdress at the end of six (6) months.

Kathryn Gilbert made a motion to approve six (6) months;

Harold Cochran asked if this Church has been here before. Ray Gibson stated that the Church
cannot bring the
building up to code until
they get approval to start their review process and

inspection process. Ray Gibson informed the Council that since the building has one owner they
are ﬁne to come in for those units to come under one Conditional Use but if they are individually

owned or individual Churches they are going to have to get individual Conditional Uses and they
must go before the Henry County Planning and Zoning Department.
Mayor Kelley stated that we have a motion on the ﬂoor with conditions; Fred Evans seconded, and
passed unanimously.

ANTHONY PETROZIEIIO, PETRO SIGNS, 5627 NORTH HENRY BLVD., SUITE F —

requested
a clariﬁcation on zoning deﬁnitions as it relates to his sign business. Mayor Kelley asked Mr.
Petroziello if he makes small signs. Mr. Petroziello answered that he also partnered with a

company in McDonough where they fabricate all the big lighted signs and channel letters, etc. His
tax ofﬁce is located at the Stockbridge address and he had to sign a three (3) year lease so just to
use the commercial space that he is paying rent on they just put an ofﬁce there. All the orders are

going to be sent down to the warehouse in Locust Grove. He was told the location in Stockbridge
is not zoned for manufacturing but there is not any manufacturing going on. He has a small plotter
in there that is about the size of a medium printer that cuts vinyl for making stickers and yard

signs, there is not any manufacturing. There are no paint products or chemicals at this location.
There is not enough room at this location to do any manufacturing. Councilman Cochran stated
that he inspected this site and he does not see any problem with this location.

Mr. Welch advised the Council that as long as he does not manufacture there, it's ok.

Harold Cochran made a motion to approve; Shirley Dabney seconded, and passed unanimously.

MIGDAD HUSEN, 4340 NORTH HENRY BOULEVARD, SUITE 245 requested permission to

operate a day care and after school service at this location. Mayor Kelley asked if this location is in
a shopping center. Councilman Cochran remarked that Mr. Husen has previously been before the
Council and asked permission to operate a day care and after school business at this same location.
Mr. Husen stated Suite 245 is his ofﬁce address and he is not requesting for Suite 245. There is

already a Church on the lower level and he has
permission for the Church. an after
He wants
school and day care on the lower level. It is not a separate business, they want one or two months
out of the year to have vacation bible school. It is not a separate business or anything like that.

Mayor Kelley stated that the Council has turned down numerous requests to have day care centers
in shopping centers and it is a safety issue. The Council in the past has not approved any of these

requests and he certainly does not recommend that the Council approve any day care centers in
any of the shopping centers. Councilman Cochran said he does not think the State would approve
it because it's downstairs and has no fenced—in property. Councilwoman Gilbert said there is
another issue here. There are four (4) churches on the lower level of this strip mall. There is not a
whole lot going on down there, it is clearly very quiet on week days but they are asking to put in a
day care center for the summer months or vacation bible school. It sounds like they are planning
on staying there for the duration.

Mr. Husen informed the Council that he asked the Church downstairs why do they need this and

they said its vacation bible school and during the summer months they have children coming from
the Church and they want to teach the children. Councilwoman Gilbert asked Mr. Husen how long
has the Church been at this location. Mr. Husen responded that they have been there about four
(4) months. Councilwoman Gilbert asked how long are they planning on staying there. He
responded probably another year or so. She asked if they have applied for their Conditional Use,
the Variances and all of these things. Mr. Husen replied “yes”. Councilwoman Gilbert asked if this
includes all four (4) of the facilities.

Ray Gibson said his last request was to have Church uses with day care associated with the Church
uses. That was part of what the Zoning Advisory Board heard and approved. Looking at what the
City has been approving lately is the six (6) month rule without the day care or any school system
associated with Church use. He did get approval from the Zoning Advisory Board to have a Church
with a day care and after school care facility. Mr. Husen stated that the children are all from the
school so they come to the Church and they teach them Bible for one or two months.

Councilwoman Gilbert stated that most vacation bible schools usually last only one week and they
generally have outdoor activities as well as indoor activities. She does not see this being an
appropriate place for children. Mr. Husen said it is because it's on the lower level and away from
trafﬁc. Mayor Kelley said it's in a strip center and the Council does not approve day care in these
facilities. Mr. Welch stated that one of the classiﬁcations of a day care center requires play grounds
and numerous things and he does not think the Council has the authority to grant it and it has been
the precedence of the City Council to forever not to allow day care facility in shopping centers. The
City has really bent over backwards in allowing Churches to be for limited periods of time in
commercial areas. The City Council may have to relook at that particular issue. Mr. Welch said it is
staff recommendation that the Council not approve it.

Mr. Husen stated that it is not a day care facility. Councilwoman Gilbert said you stated it would be
an after school service at this location. It sounds like when school starts again, kids are going to
come there after school until their parents can pick them up.

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

CHANGE ORDER # 21 -
LIGHTED HANDRAILS -
JTV GENERAL CONTRACTORS, Cost to

modify all ﬁve of the Type U lighted handrail ﬁxtures so that they meet building codes. A. J. Welch
advised the Council that he recommends the Council not approve this change order. This is a
Sizemore responsibility and that they have agreed to resolve this matter.

Fred Evans made a motion to deny; Shirley Dabney seconded, and passed unanimously.

RESOLU1'ION/AGREEMENT -
HYDROSOURCE ASSOCIATES, INC —

Proposed cost for the
Completion of Wells A and C for the City as production wells. A. J. Welch stated that the City has
used Hydrosource Associates, Inc. for many years in helping the City develop their water supply
system which is through deep wells. The City has two (2) additional sites that have already been
tested that will generate additional water for the City but because of the chemicals and minerals
that are in the water, the City will have to treat and mix the water. They are asking for about
$89,000 on one well and $6,000 on the other well. If the Council wants to proceed with developing
these wells there are a number of things that need to be changed in the contract. He can get
those changed and the Council can approve the contract subject to staff getting the contract to
read correctly. If the Council wants to go fonNard with the development of these wells the City will
be responsible for the mixing and puriﬁcation. The total amount we anticipate will be

approximately $230,000.

Ted Strickland noted that when the City drilled the big well several years ago, it was over two
hundred (200) gallons a a six inch (6”) pipe.
minute with If we go back and increase it to about

eight inches (8”) we could get three hundred (300) gallons a minute. We have another well close
to it that would produce about forty-ﬁve (45) gallons per minute. Those are the two wells they are

talking about combining. The State and Federal Government have approved mixing and diluting
the water to make it safe to drink. This would give us half of what we already draw. We get about
600,000 or 700,000 gallons per day. This one could get us from two hundred (200) to possibly
three hundred (300) gallons a minute. These wells are located off Flat Rock Road.

Mr. Welch stated that the City has two other site locations that will potentially produce more water.
These sites are located on property is owned by Fayette County. Mayor
Reeves Creek and the

Kelley and Mr. Welch met with Fayette County on several occasions regarding the City constructing
a well on this site. Fayette County has a new board of commissioners and Mr. Welch suggested the
City try one more time since there is a shorter distance to transmit water and there will be more
water too. If the Council will authorize Ted Strickland and A. J. Welch to talk with Fayette County,

they will see if they can work out something with them. If the Council does not want to go to
Fayette County the real question is does the Council want to go forward with the two (2) wells at
the Flat Rock location. If you want more wells subject to the contract being redone because the
contract that went into Reeves Creek would be the same as it is if we went into Flat Rock. It's a

question of which site we can get the most water and the only real decision is whether or not the
Council wants to spend the money.

Councilwoman Gilbert asked if there is signiﬁcant need for more water at this time or are we

strictly looking for the future fon/vard. Mayor Kelley responded that it would cut down on the water
the City has to buy from the County. It is cheaper for the City to produce water than purchase
from Henry County. Councilwoman Gilbert asked if the City is buying water from Henry County.
Mayor Kelley said a big percent of the City's water comes from Henry County Water Authority.

Mr. Welch explained that it limits the amount the City has to buy and it would basically be paid for
over the years. If amortized over the years, you spend the money now and you collect it back over
a period of eight (8) or ten (10) years.

Councilwoman Gilbert asked if we have a cost beneﬁt analysis on this. Mr. Welch explained that
Bill White, Stevenson & Palmer Engineering has done cost analysis in the past and they have
have
proven to be cost effective. That is the reason we put in the three (3) wells before and they
been very productive. Ted Strickland said we probably would have put
this two hundred (200) gallon well in when we constructed the others but it had some chemicals in
it that the State would not approve at that time. Now, the Federal and State governments have

approved the City can use this water if it is diluted. The two (2) wells that Mr. Welch discussed
that is owned by Fayette County, are on mitigated land and we have to get their permission.

Mayor Kelley suggested the Council table this item until the City is able to meet with Fayette
County. Mr. Welch pointed out that the City also got permission from the Corps of Engineers to
construct the ﬁrst three (3) wells. He called Ed Johnson today to see if the permission is still good.
He was not in but he does not see the Corps backing out on us. The City already owns the

mitigated property. Mayor Kelley stated that Fayette County was pretty tough on this when they
were dealing with them regarding their property last time. Hopefully they have changed.

Kathryn Gilbert made a motion to table pending discussion with Fayette County on alternatives;
Shirley Dabney seconded, and passed unanimously.

RESOLUTION -
DAVID GREENE -
MOBILE HOMES PARKS CONDEMNATION —
Mr. Welch

explained that this is a Resolution concerning David Greene and this is the mobile home park
the old Askew Mobile Home Park. The City put in line and we had ﬁve (5)
adjacent to a sewer

condemnation actions to get resolved. They are not asking for any additional money but they have
asked for a Variance on the setbacks for putting in the mobile homes. We agreed conditioned upon
staff approving this that we give them the variance and they don't lose any lots. If we don't give
the Variance and he loses lots the City would owe money for consequential damages.

Ray Gibson and his staff have already reviewed and granted the Administrative Variance. What
they are asking the Council to do is adopt a resolution conﬁrming their granting of the Variance.
He recommends approving the Resolution to get the condemnation over with so the City will be
ﬁnished with this project.
Kathryn Gilbert made a motion to adopt the Resolution; Shirley Dabney seconded, and passed
unanimously.

DONALD L. GORDON, 197 SHIELDS ROAD Mayor Kelley stated that Mr. Gordon is requesting

a 3-way stop sign Ridge Way to break excessive
at the intersection of Shields Road and Meadow
vehicle speeding. Mr. Gordon said Shields Road has become a nightmare in the last couple of

years. Trafﬁc speeding up and down the street and there were four (4) accidents in front of his
house last year. Henry County Police Department says they can't use radar because there are so
many yards that have to be visible. Vehicles on the straight away on Davis Road are speeding ﬁfty
(50) and sixty (60) miles an hour all the time. One out of three (3) times leaving his driveway he
almost gets hit, has to stop and back up. Highway 138/42 it is becoming real
From that point to

popular for motorcycles on the S curves. He would plead with the Council for the safety of the

neighbors to please consider a 3-way stop at that intersection. It's half-way down Shields Road
and it would cause a complete stop of trafﬁc and a restart and it would stop the biggest part of the
problem that has gotten out of hand.

Ted Strickland said he agrees something needs to be done because the police do not have site
distance where they can clock people to help slow down trafﬁc in that area. We probably need to
do some kind of study on it to make sure it's done right. Councilwoman Gilbert said she has
information from when she was researching this with Henry County. The Georgia Department of
Transportation need to do a trafﬁc count to see if it warrants a stop sign and it then makes it
enforceable. If it is a non—warranted stop sign it runs the risk of not being enforceable and the
judge can dismiss the ticket. They had it happen in Windsong.

Mayor Kelley said the Council needs to instruct Ted Strickland to get Henry County Department of
Transportation to approve the 3-way stop.

Fred Evans made a motion to approve subject to getting approval from other agencies that would
be involved; Kathryn Gilbert seconded, and passed unanimously.

TIM KARR, 2553 WALTER WAY —

requested the opportunity to discuss City's new policy of
sanitation billing. Mr. Karr said he received a letter from the City saying they are going to move the
sanitation service bill to their tax bill which is apples/and oranges, they are not the same and he is

present to express his concerns about the changing of this billing procedure. He opposes the
sanitation fee being moved to the Henry County property tax. He does not recall any references to
this actually being a tax. It is not a tax or is going to be turned into a tax later. Is this taxation
without representation? If you don't pay your sanitation service fee in your property taxes are they
going to put a lien to get your house for that sanitation fee. The ﬁrst sentence of the letter dated
June 9, 2009 states that this is a change of billing for sanitation service it is not a sanitation tax.
First of all by your own deﬁnition of payments for sanitation services this is a payment for services
and not a tax. It is obvious that this is an attempt to collect fees whether a service is rendered or
not which is unfair. Can property taxes be increased at the whim of the City Council? Once this

payment is included in the property tax bill can they be raised by the whim of the City? In the
future will they be billed for their water along with their sanitation fee because right not they are all
together. Would other utility companies like to get in on this bill? Put all their bills into property
taxes and then they won't have to worry about billing anymore. When a service is provided, it's

provided when he pays for it at that point. When the City picks up his trash then he pays the bill.
If he decides to move and the house is empty he does not need a service anymore but he is being
forced to pay it anyway. However it appears the City is not able to manage its business properly
and is either not billing properly to cover its cost or in many cases wants the property owner to be
the bill collector. On face it appears this is both. As a landlord, he owns two (2) properties in
Stockbridge and as a landlord the City is forcing him to collect the sanitation service from his
tenants. He will have no choice but to add some of this cost back to the tenants. How can he

calculate how much that will be? How will he decide if his property will be occupied or not

occupied. Should he double the sanitation fee in his rent or does he triple it because of the cost of
sanitation? The only thing that will ultimately suffer is the renters. Some of those struggle just to

pay the rent. Now, so it is kind of like discrimination. Does the City expect landlords to absorb the
costs in with his current rent? property values have increased like everyone else’s property
His
values. If he has to re—raise the rent on his places to break even its going to chase renters away.
How will the City collect on foreclosed homes? Or has that even been considered. He noticed that

commercial customers going to be billed on a quarterly
are different from
basis which is

homeowners. Why is that? Why are commercial customers going to be treated differently? On his
current tax statement says everything on there is a gross tax. Now will this be additional column
on his tax as a service and will he be able to deduct that from his taxes? Can the City put a lien on

his house if he pays the property taxes but omit the sanitation fee? Is the City pushing the

problems onto homeowners in Stockbridge? Is there a problem with sanitation because he does
not know the answer on all of the workings on all of this. Is this legal? Is this a new tax? Is the

City of Stockbridge looking to move the water into the property tax as well? In conclusion this
looks like an attempt to get paid for sanitation services on every property in Stockbridge whether it
is occupied or not. This looks like an attempt to hide a service into a tax when the City can then
adjust those charges by $5.00 or $6.00 each year and homeowners won't even know it. What are
unintended consequences of this when it comes in full force? He requested that this be stopped
and not do this.

Mr. Welch advised Mr. Karr that the City has the authority and the right to set the method by which

they are going to collect any tax or any service. They have chosen to add it to the tax bill because
it is more economical for the City customers and the taxpayers who are going to pay for the cost of
it. It is only a bill that is sent out and that's part of your tax bill and you make that payment
instead of a monthly bill being sent out. Water and sewer still remains a monthly charge. The City
does have the right to charge a base fee that they could add to the tax bill. It is not a tax but it is
a charge for a minimum fee that everybody has to pay. Sanitation service is a mandatory fee that

everybody has to pay in the City. If you own property whether it is rented or not rented makes no
difference. You, the property owner, are fully responsible for that. The City has the right to levy,
put a lien on your property for failure for the owner to pay for the service and they have the right
to collect it. There is a case directly on point, if you wish to look at Columbia County case it deals

directly with the issue of how you can collect fees and the City has never placed a lien on anyone’s
property as the result of that but they do have the authority to do it. The City does not give tax
advice and he needs to consult his attorney or accountant concerning that question.

Councilwoman Gilbert pointed out that the City does not levy a property tax in any way shape or
form. Mr. Welch repeated that the City does not levy a property tax but they did prior to 1983.
Mayor Kelley stated that the City wrote off $40,000 in November, 2008 of uncollectible sanitation
fees.

Mr. Karr stated that this is a service not a tax, right? Mr. Welch stated that it is a service. Mr. Karr

said if the property is renting he is receiving a service. Councilwoman Gilbert replied that as owner
of the property you are receiving the service. you have to provide the facilities
Mr. Welch said no,

by which to pick up your trash and he has to maintain those facilities. The law is very clear, just
because you are charged a fee for a service you don't have to get the beneﬁt from it. Mr. Karr said

this is really a tax. Mr. Welch said his questions have been answered.

Mayor Kelley said to answer your questions a little further, if the City does not get some way of
collecting the money that we have to write off every year, the City would have to go up
tremendously on the sanitation fee. The City is half price of most people that pick up sanitation
anywhere in this county. The City picks up several times a week and we are still cheaper. Mr. Karr
said he is not complaining about the price he is complaining about putting it on the tax bill. Mayor
Kelley repeated that the City had to write off $40,000 in November because people leave and the
bills become uncollectible.

Councilwoman Gilbert asked to speak brieﬂy and stated that she seconded this motion when it was
made last month. She made a mistake not necessarily because she does not agree with the
attempt to collect the fees which she knows are owed to the City of Stockbridge. The Council has
every right to collect the fees that are owed to us and we have lost a lot of money because we
could not collect it because renters move and we don't know where they went and we can't chase
them down. She stated that we did not give the citizens the opportunity to know about this coming
and to speak to the change that was coming. She understands that this Council in some way,
shape, or form has considered this for some time. She knew nothingof it until approximately
ﬁfteen (15) minutes before the June meeting. It sounded like agood idea on the face and she
probably would have voted for it even if it came around six (6) months or a year from now. She
has a concern that the City did not address the commercial property. We are not addressing the
commercial property until next year because it was too complicated to ﬁgure out and she thinks
that is wrong. If we were going to change the billing for residential property it should been
changed for commercial property as well at the same time. She also has a concern that owner
occupied homes are being impacted by this change. Quite honestly, rental property we have an
issue there and we need to correct that because there are rental people that are skipping off on
their bills. She did not quite understand when she seconded that motion that owner— occupied
properties are going to be hit the same way. It's a net zero for the owner. If he has been
collecting it from his renters it's not a net zero, but for her, it's a net zero because she lives in her
home. It is still a change and people don't necessarily understand that and she thinks that the City
should perspicuously without giving the people the chance to speak to the issue. Would she have
voted differently, probably not but would she have approached it differently and presented it to the
citizens, that she thinks it should have been done.

Ted Strickland reminded Councilwoman Gilbert that she was not here when the Council discussed
this year before last. She was not on the Council and would not have any knowledge when it was
discussed. We started it a little too late for last year and we tabled it to this year to put it back on
the agenda. It has been well discussed long before she got here so it's no secret about it being
done. Mayor Kelley stated that this has been a two (2) year project but that's enough about this
matter. No action was taken.

DAVE OLAFSON, SCHWANS FOOD CO, 1120 VILLAGE BUSINESS PARKWAY —

requested
permission to park a semi-trailer on premises for a period of 3 -6 months.

Kathryn Gilbert made a motion to table;

Harold Cochran stated that he is back off the road and by himself at the end of the street. He
already has refrigerator trucks for three Mayor Kelley asked Terry Kight, Code
months.
Enforcement Ofﬁcer, to explain this situation. Ms. Kight said this is a location that the City has had
a lot of problems with and it's almost a hide-a-way off Eagle's Landing Parkway. People are
dumping at this location in huge amounts and it took three (3) garbage trucks to clean it up a

month ago. If we have one tractor trailer parked in there and other drivers see it then they are
going to park in there too and it causes a bigger problem. Ms. Kight said she recommends going
with the ordinance.

Councilman Cochran stated that the property is fenced with a paved parking lot. Councilman Evans
asked if Mr. Olafson owns the property where he wants to put it. Mr. Welch said the real legal
question is, “how is it zoned”? Ted Strickland advised the Council that Mr. Oiafson just wants a
refrigerator trailer at this location for three (3) to six (6) months because they are doing some
work. Harold Cochran stated they are constructing an addition to their building.

Harold Cochran made a motion to table;

Ted Strickland said he talked with the individual and he looked up the regulations and the
ordinance does not allow it when he said he wanted to have a refrigerated truck for three (3) to six
(6) months for that period of time. They are remodeling at Schwans Food Service. Mayor Kelley
said we need to table and have Terry Kight check out what they are doing. Councilwoman Gilbert
said she can't see having a semi-trailer sitting there running twenty—four (24) hours a day trying to
keep the food cold. Ray Gibson suggested that he come in and submit a Variance request at
Planning and Zoning rather than coming to the Council again. Mayor Kelley stated that the Council
needs some more information. Terry Kight reported that the property is zoned M—1. Mayor Kelley
said we still need additional information. He asked Terry Kight if she would check into the matter
further.

Harold Cochran made a motion to table; Kathryn Gilbert seconded, and passed unanimously.

GEIR S. KILEN, PALM BEACH, 910 EAGLES LANDING PARKWAY requested an occupation

license for a restaurant and alcohol license for the consumption of beer and wine on premises.
(Pending inspection documents) Mr. Welch advised the Council they could approve his application
of a restaurant subject to getting the inspection documents.

Fred Evans made a motion to approve subject to the City receiving the pending documents; Harold
Cochran seconded, motion carried 4 to1 Kathryn Gilbert abstained.

10
BIDS FOR JANITORIAL SERVICES

Business Porter New City Old City MMCC Total Bid References Stafﬁng
Name Charqe Hall Hall Plan

C&T $ 9.25 34,692 14,292 43,428 92,412 Yes No
Janitorial Per
Service Hour

American $ 13.00 32,400 14,400 51,600 Yes yes
Facilities Per 98,400**
Inc. Hour

Clean $ 20.00 58,630 12,251 32,618 103,499 Three Yes

Heart Per
Janitorial Hour
Service

Bobby $ 14.52 61,041 29,675 44,088 134,804 Yes No
Dodd Per
Insthute Hour

Craig $ 20.00 67,200 19,200 53,760 140,160 Yes No
Janitorial Per
Service Hour

Wa|ker’s $ 10.00 80,400 18,500 51,920 150,820 None No
Janitorial Per
Service hour

A&T $300 210,000 90,000 60,000 360,000 None No

Cleaning
Service

Center $ 15.00 240, 588 176,412 125,112 542,112 Yes Yes

City Per
Cleaninq Hour

APPROVED AMERICAN FACILITIES, INC.
Kathryn Gilbert made a motion to accept the janitor bid for American Facilities, Inc. at $98,400 and
$1,300 per hour; Fred Evans seconded, and passed unanimously.

11
BID —
COS DOWNTOWN PEDESTRIAN IMPROVEMENT
(East Atlanta Road/New Downtown)
ATP-0006—00(278) P.I. # 0006278

Stockbridge Downtown Pedestrian Improvements Bids
(E Atlanta Rd. / Downtown)

STP-0006-00(2778, P.I. #0006278

Company Base Bid Bid Bond DBE
Form
Johnson Landscapes $338,200.00** Yes Yes

Lewallen Construction $379,650.00 Yes Yes

Tople Construction & Eng. Inc $404,274.00 Yes Yes

S.D. & C Inc $482,544.03 Yes Yes

Curb Specialists, Inc $503,435.00 Yes Yes

American Contractors, Inc $515,000.00 Yes Yes

Ruppert Landscaping Inc $544,245.00 Yes Yes

Shaheed’s Construction Co. Inc $590,000.00 Yes Yes

Scott & Son Holdings, LLC $650,379.80 Yes Yes

**APPROVED JOHNSON LANDSCAPERS

CONTRACT/RESOLUTION —JACK BURNSIDE Proposal
of Services for pedestrian
improvement/streetscape STP—0006—O0(278) P.I. #0006278

Ted Strickland advised the Council that this is the Downtown Pedestrian Improvement for East
Atlanta Road and the downtown area. The low bid was Johnson Landscape, $338,200 and it is his
understanding that the information has to go back to the State after the Council's approval. The
State Department of Transportation and the City should get approval within two (2) to three (3)
months to start construction on this project. This project will start at East Atlanta Road to Love
Street. The City has had to do a lot of the work ahead of time since City Hall was constructed on

12
this location and it was about a $1,000,000 project so this project has been reduced somewhat as a
result of that. Ted Strickland stated that this is an80/20 grant. Councilman Evans said its
$312,000 in difference from top to bottom. Landscapers can do this job for
He asked if Johnson
that kind of money. Ted Strickland said according to Jack Burnside, Consultant, the State is going
to give it to the low bidder. Fred Evans said he does not know how anyone can make a living doing
it at that price.

Mr. Welch said the City has to accept the lowest qualiﬁed bidder for the State to give the City the

money. He agrees with Councilman Evans.

Harold Cochran made a motion to accept low bid from Johnson Landscapers

13
EXECUTIVE SESSION

To consult with legal counsel pertaining to pending or potential litigation and to discuss future
property acquisition.

Fred Evans made a motion to adjourn Regular Session; Kathryn Gilbert seconded, and motion
carried.

Fred Evans made a motion to convene Executive Session; Kathryn Gilbert seconded, and motion
carried.

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

Fred Evans made a motion to reconvene Regular Session; Harold Cochran seconded, and motion
carried.

Mayor Kelley stated there is one thing the Council needs to vote on before they adjourn. There is
four (4) acres of land down East Atlanta Road that joins City property out at the shop area. It is
going for $250,000 and we have been looking at this property for several years and have made the
owner some tentative offers over the years but it was always $300,000 to $400,000. Times are
hard right now and the owners have dropped the price. We need a motion to accept it or deny it

at the price of $250,000.

Councilwoman Gilbert asked if we need to include the gift option in the motion. Mr. Welch

responded “yes” and they are making a gift of $25,000. It is a value of $250,000 and we are
paying $225,000 and issuing a letter acknowledging the gift of $25,000 which brings it to the
appraised value.

Fred Evans made a motion to approve the purchase of four (4) acres of land for the price of
$225,000 with a gift letter of $25,000 for a total of $250,000; Shirley Dabney seconded, and
motion carried.

Fred Evans made a motion to adjourn; Kathryn Gilbert seconded, and motion carried. The meeting
adjourned at 7:20 P. M.

Respectfully submitted,

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

14
