---
date: 1998-04-07
title: April 7, 1998 Minutes
source: 1998-04/1998-04-07_April 7, 1998_Minutes.pdf
pages: 1
---

April 7, 1998

EXECUTIVE SESSION

CITY OF STOCKBRIDGE
HENRY COUNTY, GEORGIA APRIL 7, 1998

EXECUTIVE SESSION

Council discussed selling the Stephen D. Puerifoy Wastewater Treatment Plant to Henry County Water and
Sewer Authority. A. J. Welch explained some of the problems the City has encountered.

Mr. Welch noted that meeting EPA standards for zinc has been a problem. He explained to the Council that
the City did not file reports to EPA in a timely manner and the City has been fined $2,000 for this error. EPA
gave the City 90 days to comply and the deadline is April 17, 1998. After the 90 days, the City will be fined
$1,000 per month for each month the City violates required zinc levels. EPA will amend City’s discharge
permit, reducing the amount of discharge from 1,500,000 gallons to 1,000,000 gallons per day until the City
comes into compliance. If the City comes under compliance at a later date, it is somewhat doubtful if the half
million can be recovered.

Mr. Welch explained there are three solutions the Council can consider.

1. Keep the sewer system; pay the monthly fines, which are guaranteed to increase, and loose
$500,000 gallons of sewer discharge per day.

2. Spend the money to do a study to run an out fall line from sewer plant to Little Cotton Indian Creek.
The estimated cost of the study would range from $200,000 to $1,000,000. The cost to run an out
fall line is estimated to be over $1,000,000. Even with a study, there is no guarantee EPA will allow
City to discharge into Little Cotton Indian Creek. If allowed, City may get to keep 1,500,000 gallons
per day discharge.

3. Work out an agreement with Henry County Water Authority and they would spend the funds
necessary to provide for the City’s needs.
Mr. Welch said he did not recommend going to a private management company. After discussion,
RonnieSimmons stated the OMI could straiten out our facility with proper management. At this point, Council
did not seem interested in a private management company.

Ronnie Simmons recommended Henry County pay equity for the plant in addition to paying outstanding
debts. Mr. Welch said Henry County will take over the plant and existing debt and spend the $1,000,000 that
it will takes to save the 500,000 gallons. They will become liable and responsible to the City to provide
capacity from this point forward, regardless of the cost. It looks like the get something on the front end but
on the back end, they get nothing.

Mayor Kelley pointed out that the City presently owes $3,205,330 on the plant. If the City keeps the plant, it
cost the City another $3,000,000. Plus the cost to operate the plant and unforeseen expenses. Under House
Bill 489, which requires cities and counties to enter contracts eliminating duplication of services. Under the
City’s existing water and sewer contract, Henry County already serves the largest part of city sewer.

A. J. Welch emphasized that the Henry County is not trying to take over plant but is offering their help. The
City will keep pumping stations and sewer lines. The City would keep their customers. Sewerage will be
metered and the City would be charged per thousand gallons just like water. The City will pay Henry County
$2.25 per thousand gallons which is a net savings of $.80 starting out. Ronnie Simmons suggested these
facts should be in writing in a contract to be considered by the Council. Henry County will furnish an O&M
rate for sewer charges each year and that is what the City will bill customers. The City will send a monthly
check for processing the plant. If the City wants, Henry County will take over employees at the plant, if not,
they can remain with the City.

G. W. Evans asked if we go with Henry County, why would the City want to keep the pumping stations? Mr.
Welch responded that Henry County only offered to take over the plant. Mayor Kelley was in favor of letting
Henry County take over the pumping stations. Mr. Welch said this has not been mentioned to Henry County
and he did not know but it was something to be considered. Councilman Gardner said the maintenance of
lines and pumping stations would remain the City’s responsibility.

Ronnie Simmons proposed that Henry County, get us in writing exactly what they plan to provide and second
he would like to call OMI to make their presentation, just like Tribble and Richardson did for Henry County.
Not talking about a binding contract but just a list of what the County will offer in layman terms.

A. J. Welch said he could get a document listing what the County will offer. How many thousand gallons did
the City process during 1977 divided by total O&M expense will give the cost per thousand gallons to operate
the plant. These figures were not available for this meeting.
Councilman Simmons would like for OMI to give a presentation. Mayor Kelley said he is not interested in
turning it over to a private management company and asked other members of the Council how they feel.
After discussion, Mr. Simmons said he needs additional information to make the right decision for the citizens
he represents. Mayor Kelley explained that the City cannot meet the zinc level using 1,500,000 discharge
level and EPA will reduce the discharge level to 1,000,000. Therefore, by reducing the discharge level, the
zinc level would be easier to comply. Councilman Gardner disagreed. A.J.Welch said, if the criteria of
1,500,000 were lowered to 1,000,000 it would lower the criteria. The City cannot afford to loose the 500,000
gallons. EPD says they are going to make the City hold the 500,000 in abeyance if the City hires a private
operator.

A. J. Welch noted that Henry County was not mentioned in the meeting with EPD and was not involved in
this matter until January, 1998. The purpose of the meeting with EPD was to resolve the issue with
them to see what the City needs to do to be in compliance. Mayor Kelley stated that Henry County
would do the study and agree to go ahead to Little Cotton Indian Creek. Mayor Kelley asked if EPD
has already lowered the criteria to 1,000,000 for calculations? Ted Strickland said he did not know.
A.J.Welch explained, if the City continues to be in compliance and decides to keep the plant, the City
will pay the $2,000 fine plus $1,000 per month when not in compliance and will be required to run
sewerage to Little Cotton Indian Creek to be allowed to keep the 500,000 sewerage discharge allow
in permit.

Ted Strickland noted that the plant has been reprogrammed and the City is currently meeting required levels
for zinc, etc. Mr. Welch said the only two choices the City has is to go to Little Cotton Indian Creek or go
back to EPD and get them to back-off of what they said they are going to impose. If this is what the City
wants, he will make an appointment with Alan Hallum to see if this can be worked out. If he says no, you
have to give up 500,000 gallons, then do you want to spend the money to go to Little Cotton Indian Creek
or do you want to transfer to the County and write out the transfer terms. Henry County would then say, the
County would run the line. That decision has already been made by Henry County, Henry County has
agreed to do the study and run the line. The 500,000 gallons is being held in abeyance and if we do not
stay in compliance, the City will not get the 500,000 gallons back.

Mayor Kelley pointed out that according to the 7Q-10 test, Brushy Creek is too small to discharge 1,500,000
gallons per day and EPD probably made a mistake by giving the City a permit. Mr. Welch explained the
Federal Emergency Management Agency sets the criteria for the 7Q-10. They use a formula to calculate
by taking the square miles of the area to be served based upon the flow of the creek and they set what is
called the 7Q-10. Once the government sets the 7Q-10, if you want to change it, it takes a full five-year
study at your own expense under their directions and supervision. The Council disagrees with FEMA’s 7Q-
10 for Brushy Creek. The City may do the five-year study but everyone in the know, says it want be enough
to make any difference.

Mr. Welch said he would draft an outline for Lindy Farmer’s review to see if it is what Henry County is
agreeable to do and get it back to the City. He pointed out that Monday night, the Council would be voting
on making a decision on which way the City is going. The vote will be for two things. Either going to go to
Cotton Indian Creek and retain the 500,000 or you are going into final negotiations with Henry County to
reach an agreement.

Henry County has said they are definitely going to Little Cotton Indian Creek and this will be in the agreement.
1) Henry County would do study. Limit the study, whereby, they would not have to do the basin study
(everything that flows in to Big Cotton Indian Creek all the way from Forest Park to Stockbridge). 2) They
will under no circumstances let EPA have the 500,000 gallons back. 3) The cheapest alternative to saving
the 500,000 was to go directly to Little Cotton Indian Creek. They propose two methods on how to get
there, 1) Pumping station. 2) Gravity flow line.

Ronnie Simmons asked if there would ever be any consideration to take over the pumping stations and
sewer lines? Mr. Welch said this has not been discussed with Henry County. Some of the pumping stations
on the south side of North Henry Boulevard could be taken out of service by natural flow into Henry County
sewer lines. Stevenson and Palmers report says it will take $150,000 per year to maintain the collection
system, lines and pumping stations.

Mr. Welch pointed out that O&M at the plant has consistently gone up approximately 10% each year. Council
asked Mr. Welch if he could provide them with a list of items that would be in a contract with Henry County
for the Council’s review before the April 17, 1998 deadline? The City would convey title of the plant, Henry
County would own the plant. The Agreement with the City that is binding for (50) fifty years saying that
Henry County is responsible for providing the sewer for the City. At 50 years, all sewer facilities will be
regional areas.

Ronnie Simmons said that under House Bill 489, consolidation of services, this transaction has to be a plus
for the City of Stockbridge. This should be pointed out when this matter goes public. To remain a certified
city, the City must provide five services. According to the agreement, the City would be providing the
distribution system but not the purification.

Under the annexation laws, if the City annexes property and the Authority’s sewer lines are already there,
the City has to purchase these lines. Under the existing agreement with the Authority, if the City annexes
property in certain areas, the Authority will provide sewer service. The City does not take on the responsibility
and liability of providing service to any of the areas that fall south, east or west of I-75. Residents north of
the City will be able to connect to sewer without having to annex.

Discussed Bill White, Stevenson and Palmer, will attend Monday, April 13, 1998 to discuss land acquisition
for wells.
W. A. Gardner made a motion to close Executive Session, seconded by Fletcher Turner, passed
unanimously.

Merle Manders, CMC
City Clerk

SPECIAL MEETING

CITY OF STOCKBRIDGE
HENRY COUNTY, GEORGIA APRIL 7, 1998

A Special Meeting of the Stockbridge City Council was held April 7, 1998 at 5:00 P. M. Mayor Kelley
presided and members present were Harold Cochran, G. W. Evans, W. A. Gardner, RonnieSimmons and
Fletcher Turner.

Motion was made by Harold Cochran to convene, seconded by W. A. Gardner, passed unanimously.

Motion was made by Harold Cochran to go into Executive Session to discuss land acquisition, possible
litigation, personnel and other matters, seconded by G. W. Evans, passed unanimously.

Motion was made by W. A. Gardner, seconded Ronnie Simmons to adjourn Executive Session and
reconvene Regular Meeting.

ANNEXATION BY REFERENDUM. Council discussed the upcoming Annexation by Referendum. A. J.
Welch explained the new laws regarding annexation. The Special Election will be held July 21, 1998 and
if the vote is in favor of annexation, the Council will adopt an Ordinance to annex these parcel and an
Ordinance for the zoning to remain the same. In the future, when the city annexes property into the City,
the City must make sure they can live with the existing zoning because the City’s ability change the zoning
will be absolutely zero.

Ronnie Simmons informed Council that a private sanitation company has been working against the City for
annexing by referendum. The two subdivision involved are Windsong and The Villages, and this company
has customers in these two subdivisions. Mayor Kelley stated that if the subdivisions are annexed, the City
would pickup the garbage. Councilman Gardner stated that the City garbage rate is cheaper because the
City is not in the business for profit but to provide a service to our citizens. Councilman Simmons
recommended that the Council get with the Homeowners Associations asking for their votes to come into
the City.

PACKAGE STORES. A. J. Welch is working on an Ordinance that is different from what other cities have
done. The ordinance will set up zones on main thoroughfares where there is high visibility. The buildings
will be major stores containing 5,000 to 6,000 square feet, minimum inventory, and possibly using
population as criteria. Mr. Welch favors zones. Mayor Kelley recommends no more than 4 or 5 stores.
Placement of store should be in areas to reach the public before they get home. Councilman Gardner said
he would like to see each store to be located in large open areas.

The license fee discussed was $7,500, but this could change.

There being no other business, motion was made by Harold Cochran to convene, seconded by W.A.
Gardner, passed unanimously. Meeting adjourned at 7:30 P. M.

Respectfully submitted,

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