---
date: 1996-12-09
title: December 9, 1996 Minutes
source: 1996-12/1996-12-09_December 9, 1996_Minutes.pdf
pages: 1
---

December 9, 1996

CITY OF STOCKBRIDGE
HENRY COUNTY, GEORGIA DECEMBER 9, 1996

The regular meeting of the City Council was held December 9, 1996 at 7:00 p.m. with Mayor Kelley presiding
and members present were Harold Cochran, G. W. Evans, W. A. Gardner, F. J. Hunter and Ronnie Simmons.

Motion to convene was made by F. J. Hunter, seconded by W. A. Gardner and passed unanimously.

Motion to approve minutes of November 11, 1996 Council Meeting was made by Harold Cochran, seconded
by W. A. Gardner and passed unanimously.

Mayor Kelley welcomed visitors.

BUDGET HEARING TO ADOPT 1996 PROPOSED BUDGET. Mayor Kelley presented proposed budget
for 1996 in the amount of $4,384,196. Mayor Kelley stated that each member has studied the proposed
budget and asked if there are any changes or questions? There being no discussion, motion was made by
Harold Cochran to adopt 1996 proposed budget, seconded by F. J. Hunter and passed unanimously.

ROBERT THURMAN, 102 MANN BOULEVARD. Cal McShane, Henry County Community Development,
presented request from Mr. Thurman for a variance for an underground detention system. Mr. McShane
noted that the property was rezoned in 1995 from R2 to C2 for the construction of a building for a transmission
service. In September 1996, plans were submitted and approve for an underground detention system, which
is required by the City. Mr. Thurman reported that the cost of $10,000 for the underground system is the
reason he is requesting a variance to allow him to have an above ground detention pond. Councilman
Simmons questioned if the detention system will retain surface water coming off Highway 42 or just Mr.
Thurman's lot? Mr. Thurman said the detention system will retain only the surface water coming off his lot,
as the surface water coming off Highway goes behind his lot. An above ground detention pond will be seen
from Highway 42 as well as the neighbors adjacent to the above ground site. Mayor Kelley pointed out the
reason the City requires underground detention systems is because of the unkept condition of above ground
systems. Mayor Kelley referenced the September Council Meeting where this was discussed and Mr.
Thurman agreed to install the underground detention system. Councilman Cochran commented the
Ordinance requires underground systems, the County approved plans for the underground system and it
should be put underground. Councilman Simmons stated he knows the City has an Ordinance but has made
exceptions before and he thinks it is good judgement and reason to grant the variance. After a long
discussion regarding the underground detention and drainage for this lot, Councilman Simmons made a
motion to grant variance as requested, seconded by F. J. Hunter, vote was two in favor, two against, tie
broken by Mayor Kelley voting against. Request denied.
ALBERT EVANS, 107 WALKER STREET, requesting the City waive the $10,000 bond required by Henry
County Building Department for a move-in house on Walker Street. If he posts a $10,000 cash bond, he will
not have sufficient funds to bring house up to code as required by Building Department. A. J. Welch advised
Council that City has right to waive bond provided they set reasonable rules and regulations for compliance.
Mr. Evans is disabled and in order to move the house in and bring it up to code he needs to avoid having to
post the cash bond. Mr. Welch has prepared a Resolution for consideration which explains Mr. Evans'
situation and waives the bond for six months, a reasonable time to bring up to code. If he does not complete
the renovation in accordance with code requirements, then he will be required to post bond. Motion was
made by Ronnie Simmons to adopt Resolution waiving the $10,000 bond and if not complete within six
months, Mr. Evans must post $10,000 bond at that time, seconded by F. J. Hunter and passed unanimously.

MINUTES
12/9/1996
PAGE 2

SOIL EROSION SEDIMENTATION ORDINANCE. A. J. Welch, City Attorney, advised Council that Henry
County has adopted a new Soil Erosion Sedimentation Ordinance in August 1996. In order that the City's
ordinance is in compliance with Henry County Ordinance to make it possible for County Inspections to
inspect for the City, Mr. Welch recommends the Council adopt the Henry County Ordinance as the City's
Ordinance. Motion to adopt Ordinance was made by F. J. Hunter, seconded by Harold Cochran and
passed unanimously.

EMPLOYEE PENSION PLAN. A. J. Welch, City Attorney, explained that the Council adopted an ordinance
to bring the Pension Plan up-to-date at the October 14, 1996. In review of the ordinance an error was
discovered. He recommends Council amend ordinance to allow employees currently retired and receiving a
pension, not lose their benefit if they are working for the City as an elected official. W. A. Gardner made the
motion to amend the ordinance, seconded by Harold Cochran and passed unanimously.

GARDEN RIDGE/CITY OF COLLEGE PARK/MUNICIPAL ELECTRIC ASSOCIATION OF GEORGIA. A.
J. Welch, City Attorney, told Council that he has a series of documents to be reviewed by the Council and
each one will be adopted separately. Mr. Welch explained that because of the kilowatt hours to be purchased,
the developer has the right to choose the electrical service he wishes to receive. The Developer decided to
go with the offer from MEAG/City of College Park. In order to protect the City of Stockbridge to make sure
when the City of College Park comes in that we also get appropriate consideration, the same as Georgia
Power Company and Electric Membership of Georgia have to pay the City for using our streets, etc. to deliver
their power. MEAG will have to pay a fee to the City to use City streets. To collect that fee, the City must
adopt an Ordinance, which will only apply to the City of College Park. Once the Ordinance has been adopted,
the Council must approve a contract entering into an agreement with the City of College Park, allowing them
to come into the City to provide electrical service. The second agreement that needs approval is an
agreement that says that the City of College Park is not going to charge the City of Stockbridge a higher rate
for providing street light service. The developer will install street lights to be dedicated to the City to maintain,
just like in other developments. The City wants to make sure the rates do not exceed the highest rates we
pay to Georgia Power. Ted Strickland, City Manager, asked if agreement was for the Garden Ridge
development. Mayor Kelley stated that this agreement was for all the property in this development. Mr.
Strickland said it was his understanding from the Developer that just Garden Ridge was the only business to
be on MEAG. Additional businesses coming into this development would have to decide which power source
based on their kilowatt hours. Mayor Kelley advised that the agreement gives the City the same amount as
Georgia Power Company pays for a franchise fee because the City of College Park cannot pay a Franchise
fee, per se. This agreement assures the City to get the same amount regardless of who furnishes the
electrical power. W. A. Gardner asked if the City has an exclusive franchise agreement with Georgia Power
Company, which prohibits other electric companies from serving the City? A. J. Welch responded that years
ago the City had an exclusive franchise but with the existing agreement is not an exclusive. It was left open
to give the City the right to have competition between companies providing electrical service within the City.
Motion was made by Harold Cochran to adopt Ordinance granting permission and consent to the City of
College Park to occupy the streets and public places of the City of Stockbridge in construction, maintaining,
operating and extending poles, lines, cable, equipment and other apparatus transmitting and distributing
electricity, and providing for the collection of payments in lieu of franchise fees by the City of Stockbridge
from the City of College Park, seconded by F. J. Hunter and passed unanimously.

MINUTES
12/9/1996
PAGE 3

A. J. Welch presented Resolution for adoption by the Council authorizing Mayor Kelley and City Clerk to enter
into the two agreements to collect fees and set rates. W. A. Gardner asked A. J. Welch if the City Council
for the City of College Park can, at some time, change any part of the agreement and stop making payments?
Mr. Welch pointed out that in the Ordinance and in the Agreement it says that if College Park stops paying
their fees for any reason, College Park would have to stop providing the electric service and get off City
streets. Motion was made by Ronnie Simmons to approve Resolutions to authorize Mayor and City Clerk to
sign agreements on behalf of the City, seconded by F. J. Hunter and passed unanimously.

STEVE NATIONS, GEORGIA EMISSIONS TESTING COMPANY, is requesting a variance for a temporary
emissions station at Wal-Mart from January 1997 through April 1997. Cal McShane advised that Henry
County has been getting a good many requests for emission testing stations in the County. Mayor Kelley
said it is going to be a problem for people getting their cars tested before the deadline. To help county and
city people, we need some of these testing centers and there are only one or two available throughout the
county. Harold Cochran made a motion to approve. Councilman Simmons interjected by asking if Mr.
Nations was asking for only four months. Mayor Kelley replied if Mr. Nations wants an extension of time he
would have to come back to the Council. Mr. Strickland advised that Mr. Nations plans to build a permanent
emission center in Stockbridge. Councilman Simmons said so far there are only several emission testing
centers outside the City and there needs to be some visible in the City. He also stated he has had complaints
from people not knowing where to go. Mayor Kelley noted that it was going to be a problem getting the test
done with so few testing sites. Motion was made by Harold Cochran to approve temporary emission station
through April 1997, seconded by W. A. Gardner and passed unanimously.

HENRY COUNTY POLICE DEPARTMETN CONTRACT WITH CITY OF STOCKBRIDGE. The Police
Department, if applying for national accreditation and has requested an addendum to their contract with the
City. Addendum would allow Henry County Police Department to maintain control over the personnel and
equipment used in the City. The Police Department has requested a letter from Mayor Kelley stating that the
contract is a current and binding policy. Motion was made by Ronnie Simmons to authorize Mayor Kelley to
sign the letter and the Amendment to the contract, seconded by F. J. Hunter and passed unanimously.

SEWER TRUCK BIDS. Bellamy/Strickland $20,910
Terry Cullen $20,397
Nalley Chevrolet $20,995
Legacy Ford $21,199
Motion was made by F. J. Hunter to accept bid from Terry Cullen for $20,397, seconded by Ronnie Simmons
and passed unanimously.

EXECUTIVE SESSION. Mayor Kelley announced that the Council would go into Executive Session to
discuss personnel matters and acquisition of property. Motion was made by Harold Cochran to go into
Executive Session, seconded by F. J. Hunter and passed unanimously.

Motion to convene was made by W. A. Gardner, seconded by Ronnie Simmons and passed unanimously.

Motion was made by Harold Cochran to dismiss Wymon Gleaton for violation of City Personnel Policy,
seconded by Ronnie Simmons and passed unanimously.
MINUTES
12/9/1996
PAGE 4

Motion was made by Ronnie Simmons to authorize Mayor and City Clerk to sign transfer of ownership papers
for six acres on Tye Street from Larry Dennis to the City of Stockbridge, seconded by W. A. Gardner and
passed unanimously.

Motion to adjourn was made by F. J. Hunter, seconded by Ronnie Simmons and passed unanimously.
Meeting adjourned at 8:30 p.m.

Respectfully submitted,

Merle Manders R. G. Kelley
City Clerk Mayor
