---
date: 2007-12-10
title: December 10, 2007 Minutes
source: 2007-12/2007-12-10_December 10, 2007_Minutes.pdf
pages: 1
---

December 10, 2007
CITY OF STOCKBRIDGE MINUTES
HENRY COUNTY, GEORGIA DECEMBER 10, 2007

The Mayor and City Council of the City of Stockbridge held a meeting on December 10, 2007. Mayor R. G.
Kelley presided and members present were Harold Cochran, Fred Evans, W.A.Gardner, SteveMoon and
Leila Turner.

Harold Cochran made a motion to convene; W. A. Gardner seconded, and passed unanimously.

Councilman Steve Moon gave the invocation.

Harold Cochran made a motion to approve minutes of November 12, 2007; Steve Moon seconded and
passed unanimously.

Mayor Kelley welcomed guests and especially the Stockbridge Elementary third grade class. Teachers
Christine Freeman and Tracy Mays were introduced and it was pointed out that several parents were also in
attendance. They requested to have their picture made with the Mayor. The students were presented with
gift bags.

PLANNING AND ZONING

MONARCH VILLAGE SIGN – Stacy Jordan, Henry County Planning and Zoning presented a request from
Monarch Village to place a sign in the median between the entrance and exit lanes at the construction
entrance of Monarch Village. Mr. Jordan stated that the Stockbridge City Ordinance provides that the City
Council may allow the subdivision sign to be placed in the center of the median provided the sign has two (2)
faces, the location is approved in writing by the City Council and if applicable the Henry County Department
of Transportation, the Georgia Department of Transportation and the applicant agrees to be responsible for
maintenance and repair of the subdivision sign and insures that the existence of the sign is documented on
the final plat of the development.

In the City’s exhibits there should be a memo from the Henry County Department of Transportation
recommending approval for the location of the sign in the right-of-way of Evergreen Trail for the Monarch
Village Subdivision. The only change that they would make is instead of the proposed thirteen feet (13’) from
the nose of the island they recommend it only be approved for at least eighteen feet (18’) from the nose of
the island which would allow for sixty-five feet (65’) from the center of Walt Stephens Road. In the second
page of the Executive Summary, you will find all of the conditions the staff recommends.

Mr. A. J. Welch, City Attorney, commented that his staff has reviewed the documents provided by the
Planning Department and have reduced that to a resolution for the Council’s approval. Henry County
Planning and Zoning have added some additional requirements. At anytime, the City could require Monarch
to remove the sign and Monarch would have sixty (60) days to remove the sign at their expense. Monarch
would also be required to place a $1,500 bond to insure it will be properly maintained. If the City for any
reason notifies Monarch to take down the sign and if they don’t, the City can use the bond for that purpose.

Fred Evans made a motion that the sign be approved on the basis stated by A. J. Welch; LeilaTurner
seconded, and passed unanimously.

RESOLUTION – GENERAL FUND BUDGET AMENDMENT for unexpected (housekeeping) expenses for
year ending December 31, 2007.

Steve Moon made a motion to approve General Fund Budget amendments for budget ending December 31,
2007; Leila Turner seconded, and passed unanimously.

ORDINANCE ADOPTING 2008 PROPOSED BUDGET: Mayor Kelley will present the 2008 Proposed
Budget for adoption which includes General Fund and Urban Redevelopment Agency.

Kathryn Gilbert approached the Council with questions regarding the police administration portion of the
budget and asked what exactly is the City purchasing over and above the services that are supplied by the
County to the unincorporated portion of Henry County. It does not appear to be clear and she asked if
someone can detail that.

Attorney A. J. Welch responded that the City has what is known as House Bill 489 Agreement with Henry
County and they are required to provide the same service to the City as they are the County residents. The
City is paying Henry County a fee for that service. If the City acquires additional services which the City has
the right to do and it is then based upon an as needed basis for the actual service provided. Most of the time
budgets are just estimates because you don’t know how much expense you will have during the year. Mr.
Welch stated that he has not looked at this specific budget item so he cannot tell her the specific breakdown.
That is the mechanics of the budget.
Ms. Gilbert responded that she understands the mechanics of it but her question is, are the police services
that are provided as rule of course for unincorporated Henry County adequate for the City of Stockbridge.
We have much higher density and population than unincorporated Henry County. What she is asking are we
adequately providing police services.

Mayor Kelley stated that we certainly think so we’ve been doing it for twenty-eight (28) years and it has been
working quite well so he does not know today what has changed to make her ask that question. Ms. Gilbert
said there are areas of Stockbridge that may need some increased patrol and things of that nature. Mayor
Kelley said he is sure Henry County Police Services may need additional patrol officers from time to time and
the City would probably need them also if we had a City Police Department and he is sure of that. Mrs.
Gilbert replied yes we would.

Mayor Kelley said thank you very much.

Mayor Kelley resumed with the budget hearing. He reported that the total budget is $20,322,114 and asked
if there is any question. There being no additional questions he asked for a vote.

Harold Cochran made a motion to approve the 2008 Budget; Steve Moon seconded, and passed
unanimously.

RESOLUTON AMENDING 2007 URBAN REDEVELOPMENT AGENCY CAPITAL BUDGET: Mayor Kelley
presented the 2007 Capital Budget Amendments, housekeeping for end of year adjustment.

Fred Evans made a motion to approve; Leila Turner seconded, and passed unanimously.

FRED EVANS MADE A MOTION TO AMEND TO THE AGENDA; LEILA TURNER SECONDED, AND
PASSED UNANIMOUSLY.

ORDINANCE AMENDING WATER AND SEWER RATES – A. J. Welch, staff and engineers have
recommended that the commercial, apartment, and mobile homes that are being served on master meters
should be billed in a separate category. This is being done with the new “Exhibit A” attached to the ordinance.
Also, it was recommended that some businesses are now required by law to have what is known as a fire
line meter. The City is setting minimum requirements for maintenance of the fire line meter because once
you authorize it to be put in then you have to maintain the storage capacity and the capacity to service in the
event there is a fire at that location. This ordinance approves a monthly fee that would be charged to the fire
line meter, especially when larger buildings are constructed. Staff recommends the Council approve this
amendment to the water and sewer rates that will become effective January 1, 2007 as well as the previous
residential rates the Council adopted last month to come into effect. The residential rates that the Council
approved last month have not changed.

Fred Evans made a motion to adopt the ordinance which sets the new water and sewer rates to become
effective January 1, 2008; Leila Turner seconded, and passed unanimously.

CABLE FRANCHISE FEE ORDINANCE – A. J. Welch reminded the Council that Georgia Municipal
Association handles the City’s negotiations concerning Cable TV Franchise matters. The accounting for that
and other issues that are directly related to. The Legislature and their wisdom passed a law at the last term
which now authorizes statewide franchises. What a company like AT&T can do is come in and get a statewide
franchise and they don’t have to come to each municipality to negotiate what the duties and fees will be. The
maximum rate cities can charge is five percent (5%) and GMA is making a recommendation that the City
adopt this because licenses can be issued after January 1, 2008. This ordinance will become effective
immediately. If AT&T, as an example, applied for a statewide license then the City would automatically notify
the Secretary of State and the fees have to be paid directly to the City.

They are working on other ordinances dealing with the use of streets and rights-of-ways, maintenance and
keeping the cable off the ground and those types of things. Hopefully they will be ready for your consideration
in February, 2008. He recommends the Council approve this ordinance tonight.

Councilman Steve Moon stated that at the last Henry County Commission Meeting they had a person from
Charter Communications and he discussed what Charter has done and all the services they are going to
provide. If Charter comes back and does a statewide license does that mean the City will have a duplication
of services because Charter is doing something with the County and would the County be controlling it? Mr.
Welch said that is a very good question. One the County cannot control the Franchise Agreement that occurs
between the City and the Cable Company but the legal question that you asked and it appears that Charter
could cancel their contract with the City and obtain a statewide license but their fees would be five percent
(5%) at that time and they would be subject to State regulations. What the City is asking GMA to do is have
unified ordinances throughout the State for these state licenses especially dealing with rights-of-ways and
how they will pay for those and the maintenance of them and whether or not they can use City electrical poles
for Cities that have their own electrical service or whether they will have to put up new poles or whether it will
have to be underground. They are working on all of those things as part of the City’s contract with GMA to
provide that service.
Steve Moon made a motion to approve the Cable Franchise Fee Ordinance; Leila Turner seconded, and
passed unanimously.

AMENDING TERMINATION OF SERVICES ORDINANCE – SECTION 6.04.060 – Mr. Welch explained that
this ordinance is mainly a procedural matter on how termination of service is being done and recommends
approval of this procedure.

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

AMENDING WATER AND SEWER SERVICE ORDINANCE – Mr. Welch explained that staff requested he
prepare an ordinance amending Section 6.08.020 dealing with the application for “Water and Sewer Services”
and Section 6.08.040 “Sewer Services and the Responsibility and Liabilities” the property owner has to the
City concerning the use of water. This is also tied into the water conservation program that the City has had
for a number of years and it is to give greater concentration on that especially with the water crisis and staff
recommends approval of the amended ordinance.

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

457(B) DEFERRED COMPENSATION PLAN RESOLUTION – Mr. Welch advised the Council that he has
been working with staff and Georgia Municipal Association about having a 457(B) Deferred Compensation
Plan that would be for the benefit of the employees of the City. Under this plan and under the Federal Tax
Law the employees are allowed to defer a portion of their income into a retirement plan. By doing that they
defer the tax on it until it is actually taken out of the fund. This is a service that is provided by GMA. They
have a department that will come down and do all of the educational programs, all of the sign up programs
and will provide the information. All the City has to do is go into the City’s computer and based upon the
document provided to us and set-up the deductions. The monies will be paid to GMA on a quarterly basis.
Then GMA will fund the plan, manage the plan and invest the plan. This is just an additional benefit for the
employees. Several years ago we looked at this plan and the City was going to do all the work and now
GMA has it set-up where they can handle it at no cost to the City other than the programming and the sending
the money. It is staff recommendation that the Council approve the resolution to authorize the Clerk to go
forward with the plan and complete the transaction with GMA.

Fred Evans made a motion to adopt resolution approving the 457(B) plan for City employees; Steve Moon
seconded, and passed unanimously.
WATER USE REDUCTION – Ted Strickland brought the Council up-to-date on a letter from Georgia
Department of Natural Resources regarding Water Use Reduction Permit Modification for all cities in Georgia
to conserve ten (10%) in water usage subject to Level 4 outdoor water use restrictions.

He met with Jeff Bledsoe, Water Superintendent, to put it into effect to reduce usage of the City’s three wells.
The City is alternating water usage by cutting one well off every two days to rotate back around. We have
made a lot of progress by doing that and citizens in the City are doing a good job in conserving water. We
have to meet the ten percent (10%) reduction because the state is checking and will continue to check to
make sure the City is following through with the state’s mandate to conserve water.

Mayor Kelley said that he understands that the City is at least ten percent (10%). Mr. Strickland responded
that the City is higher than ten percent (10%) on water conservation. Mayor Kelley commented that several
years ago, the City decided to go into the water business and drilled several wells and now they have proven
to be very beneficial and the wells have a capacity of 250,000 to 300,000 gallons a day. Councilman Moon
asked if the quality of the water has changed. Mr. Strickland responded that there has been no change in
the quality of the City’s water. Councilman Moon noted that there is nothing to vote on but if there is anyway
possible to notify citizens through the Link or placing a notice in the water bills for extra information asking
folks to conserve and what’s the penalty for not conserving. This is a serious situation and we don’t want to
use too much water but we need to make sure everyone is comfortable. So using all the facilities to
communicate will be good. Mr. Strickland informed Councilman Moon that it’s already in the plans for the
next Link.

MUSIC IN THE PARK FOR 2008. Kelly Corpening, Peachtree Music, Stockbridge, GA is requesting the City
approve music in the park for 2008.

Fred Evans made a motion to approve request; Leila Turner seconded, and passed unanimously.
BID

Ted Strickland advised the Council that the City had the sidewalks on Old Atlanta Road and East Atlanta
Road re-bid. Several months ago these projects were put out for bid and were too high. The low bid was
$883,000 and the state agreed to pay $480,000 and the City was to put twenty percent (20%) with it for a
total of $600,000 which made the total extremely high so the project was re-bid again. The bids came down
a little bit.

2007 – LCI PROJECT
Old Atlanta Rd. & East Atlanta Rd. SIDEWALKS
STP-0002-00(857) P.I. #0002857

Urey Companies LLC $774,000.00
5755 North Point Pkwy., Ste 76
Alpharetta, GA 30022

Curb Specialists Inc. $866,805.00
PO Box 80668
Conyers, GA 30013

TOPLE Construction AD $889,162.53
Engineering, Inc.
792 Donald Lee Hollowell Pkwy., NW
Atlanta, GA 30318
CMES Inc. $899,000.00
4494 Stone Mountain Hwy, Ste A
Lilburn, GA 30047

GS Construction Inc. $940,909.42
Michael Salvo, President
478 Northdale Rd., Ste 302
Lawrenceville, GA 30045

Lewallen $983,500.00

The low bid is $774,000.00 which is about $60,000 less than the last bid. Mayor Kelley stated that the bids
are still $100,000+ high. Mr. Strickland said the City was supposed to put twenty percent (20%) which would
run the whole thing up to $600,000. With inflation, the cost of steel, concrete and gasoline going up have
increased the price. This is a decision the Council needs to make whether they want to accept this bid or
have the project re-bid.

Councilman Moon asked how far down East Atlanta Road are the road improvements going. Mr. Strickland
responded that the improvements would start at Old Conyers Road south to Love Street with streetscapes
on both sides of the road. The other portion of the project starts on Flippen Road extending west on Old
Atlanta Road to the old WalMart with sidewalk on one side and a little streetscape.

Mayor Kelley said he personally thinks the cost for this project will go down not up. Councilman Moon agreed
with Mayor Kelley and hold off on re-bidding this project. Mayor Kelley stated that if we can hold off it would
be better to do the project in the spring instead of the winter. Poring concrete in the winter, it tends not to do
as good in the cold weather. Ted Strickland pointed out that the State has issued notice to move forward
with the $600,000 project, the State paying $480,000 and the City paying the balance. A. J. Welch asked
how long the commitment is good for. Mr. Strickland responded that he does not know but he has been
working on this project for several years trying to get the State commitment.

Mayor Kelley suggested the Council table this matter until next month and in the meantime check with the
State to hold on to the project until the City can get some better prices. Mr. Welch asked if the Council would
consider doing the project on a cost plus basis. If we can do the project with a cost plus basis then we could
get some people to look at it on a cost plus. Then we would just be paying the actual cost of the materials
they get and paying them a management fee basically what he is talking about.

Fred Evans made a motion to table the bids; W. A. Gardner seconded, and passed unanimously.

$800,000 GRANT ANNOUNCEMENT – Ted Strickland announced that he just received an e-mail from
Georgia Department of Transportation announcing the Transportation Funding Award. Dana Lemmon is on
the State Board of Transportation. The City has received another $800,000 grant for the City of Stockbridge
for streetscape improvement for North Berry Street in the old downtown section. This will be a twenty percent
(20%) matching grant raising the project to $1,000,000. The City will thank Dana Lemmon for her help and
really appreciate it because this will give us somewhere in the neighborhood of $5,000,000 in grants for T
and LCI funding that are in various stages like the walking trail, tunnel under the railroad that is moving
forward, and the project we just tabled. We have another project coming from Love Street to Highway 42.
We have applied for another grant beginning at Creek Circle back to Highway 42 but this one has not been
approved.

Mayor Kelley agreed that Dana Lemmon has really been good to the City since she has been on this Board.
She has done more for the City than any else for the whole time he has been with the City Council for 29
years. The City must thank her appropriately.

WALL IN FRONT OF STOCKBRIDGE ELEMENTARY SCHOOL – Councilman Evans asked if they are ever
going to finish the wall. Ted Strickland responded that his guess is as good as his. They have been working
on it, sawing the daylights out of it. He has talked with Jim Connolly with Sizemore Group, Jack Burnside
and the City is going to have to look real close at the finished product. They have made at least thirty (30)
cuts in the wall. At this point he doesn’t have any answers for the Council.

Mayor Kelley suggested A. J. Welch look into the matter. Mr. Welch said he will pull the contract tomorrow
and get with Sizemore Group to see what needs to be done.

Harold Cochran made a motion to adjourn; Leila seconded, and passed unanimously. Meeting adjourned at
6:35 P. M.

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