---
date: 1997-06-09
title: June 9, 1997 Minutes
source: 1997-06/1997-06-09_June 9, 1997_Minutes.pdf
pages: 1
---

June 9, 1997

CITY OF STOCKBRIDGE
HENRY COUNTY, GEORGIA JUNE 9, 1997

The Regular Meeting of the City Council was held June 9, 1997 at 7:00 P. M. Mayor Kelley presided and
Councilmember Harold Cochran, G. W. Evans, W. A. Gardner and Ronnie Simmons were present.

Motion to convene was made by Harold Cochran, seconded by G. W. Evans, motion carried.

Mayor Kelley advised Council that due to the death of Councilman Ferdinand J. Hunter on June 1, 1997 it
will be necessary to either appoint or elect someone to fill his position. Council was in agreement to
appoint rather than hold an election. The position will be filled by appointment through December 31, 1997.
Mr. Hunter’s two year unexpired term from January 1, 1998 through December 31, 1999 will be on the
November, 1997 ballot. Mayor Kelley recommended Fletcher Turner, Jr. to temporally fill the vacant
position through December 31, 1997. Motion was made by W. A. Gardner to appoint Fletcher Turner, Jr.,
seconded by Harold Cochran, motion carried.

Fletcher Turner was sworn in by City Clerk.

Mayor Kelley welcomed guest.

Motion was made by Harold Cochran to approve minutes of the May 12, 1997 Council Meeting, seconded
by G. W. Evans, passed unanimously.

JANE RUTLEDGE, 104 ASKEW DRIVE. Mrs. Rutledge reported to the Council that the retention pond
behind Dunk’n Donuts, North Henry Boulevard is not operating properly and is eroding her property and
she is asking the Council to do something to stop the deterioration of her property. She stated she is losing
revenue because she cannot get the Council and the County to rectify the problems. Mrs. Rutledge asked
the Council why they cannot or will not correct the problem? Mayor Kelley replied that the Health
Department has inspected these retention facilities and is in the process of notifying the owners to get
make repairs to their facilities. Ted Strickland advised that he has been working with the Henry County
Health Department because there are health issues involved. The Health Department will make
recommendations regarding repairs. Mrs. Rutledge told Council that she had been to the Capitol, EPD
and EPA offices and they say the powers of the County and the City can be lost. There is too much groth
that is not being controlled. Mrs. Rutledge presented pictures of the retention pond, showing the
overgrowth within the pond and the headwall which has been washed away and no surface water is being
retained in the pond. Mr. Strickland advised that he has pictures that show water in the retention pond and
the pond is functioning as designed. Mrs. Rutledge noted that it is worse since the Ryan’s Restaurant has
been constructed, is there water being brought from Ryan’s through Mr. Mabros’s pond that can be making
it worse? Mayor Kelley told Mrs. Rutledge that she is not the only person in Henry County that has rain
problems with as much rain as we have had in the last year or so. Mrs. Rutledge stated that she is the only
one that continues to lose thousands of dollars for the last five years. She asked why has money been
spent two places down stream and nothing can be done upstream? Mayor Kelley stated that surface water
has to go somewhere, usually to the lowest point and the City cannot spend fundson private property. Mrs.
Rutledge said that water had never been a problem on her property until Mr. Mabros raped the land to
make it more valuable to sell to WalMart. Why can City dollars be spent in other areas of the City if the
problem should be corrected where it starts? Mr. Strickland pointed out that on May 27, 1997 the City
received one inch of rain within a twenty minute period and the creeks were flooding all around the area.
No pipe will handle that volume of rain in such a short period of time. Mrs. Rutledge responded that a forty-
eight inch pipe comes out of the retention pond with no orifice and the pond is not holding the water. She
argued that Mr. Strickland advised the Corps of Engineers not to go north of Shields Road because he was
afraid they may have found where the problem starts. Mr. Strickland advised that the Corps elected not to
go north of Shields Road by their own choice. Mrs. Rutledge state that she was here to argue and wanted
to know when she could expect something t be corrected? Mayor Kelley stated that he could not tell her if
anything was going to be done but the Council is doing everything possible to help the problem. Everyone
in the City has problems with water when you have one inch of rain and no amount of money can eliminate
these problems. Mrs. Rutledge asked Mr. Strickland if he could document that statement. Mr. Strickland
stated that he did not have to document but he checked his personal rain gauge and in twenty minutes it
recorded one inch of rain. Mrs. Rutledge stated that all she is asking is that the problem be corrected.

LANDFILLS OF GEORGIA. A. J. Welch, City Attorney noted that the City of Stockbridge entered into an
contract with Landfills of Georgia on May 13, 1996. The contract was a year to year lease. They are
establishing a long range waste disposal agreement with Lamar County Landfill Authority. Lamar County
has requested that the have a five year lease in order that they can set aside space for Landfills of Georgia.
The amendment presented will increase the lease to five years. There is an option renewal five year
period in the contract, provided the City and Landfills of Georgia can agree on a new rental amount. Also,
we amend to require back doors on the building and they be closed when the building is not in use. The
second amendment is an agreement with Lamar County Solid Waste Management Authority, a public
entity, it operates the regional landfill in Lamar County which is the entity that receives the City’s refuse at
the present time. They want an agreement that we would notify them if there were ny defaults by Landfill of
Georgia and they are taking a security agreement on the building that was built on City property and now
the City has a right to purchase the building if the lease is terminated. Lamar County is taking a security
interest and the City is agreeing to notify them is there is a default. Lamar County agrees to come in and
perform their contract until we find someone suitable to us, which is a significant benefit if something were
to happen. Mr. Welch recommended that the Council pass a resolution authorizing the Mayor and the
Clerk to sign the amendment to the lease and agreement with Lamar County. W. A. Gardner asked that in
case Landfills of Georgia defaults, does the City have the right to keep going to the Lamar County landfill if
the City takes back the operation. Mr. Welch responded that it was setup that the City would notify Lamar
County, Lamar County will come in and operate the facility for the City and continue to receive the City’s
refuse for the remaining portion of te lease or until we make and agreement with Lamar County or someone
else to come in and take over the operation of the transfer station. The City does not have an agreement
with Lamar County that will require them to take our refuse. Mayor Kelley recommends approval. Motion
was made by G. W. Evans to authorize Mayor and Clerk to sign contract amendment with Landfills of
Georgia and Agreement with Lamar County Solid Waste Management Authority, seconded by W. A.
Gardner, passed unanimously.

MONIQUE ST-GERMAINE, HERBAL ALTERNATIVES, 32 HIGHWAY 138, MASSAGE THERAPIST. Ms.
St-Germaine addressed the Council advising that she is applying for a business license to practice
massage therapy within the city limits of Stockbridge. Clerk noted that application was complete except for
the background check. Motion was made by Harold Cochran to approve application subject to favorable
background investigation, seconded by W. A. Gardner, passed unanimously.
DAWN MOODY, EURO WRAP, 4518 NORTH HENRY BOULEVARD, AND LARRY JOHNSON, THE
SOLACE CENTER, 175 COUNTRY CLUB DRIVE. Ms. Moody and Mr. Johnson addressed the Council
jointly regard a business license to practice massage therapy within the City. Mayor Kelley asked what is
needed for these licenses to be issued. Clerk advised
That Ms. Moody has only submitted an application without documentation of her credentials. Mr. Johnson
asked why massage therapist fall under the category for regulatory fees?
Mayor Kelley stated he has explained this matter to Mr. Johnson at another time. Mr. Johnson stated that it
was not done in Council meeting. Mayor Kelley stated that City Ordinance calls for $250.00 non-refundable
application fee, $350.00 annual regulatory fee and a $61.00 occupational tax business license. Unless the
Council changes the ordinance, that’s the fees as they stand at present time and Mayor Kelley does not
recommend to the Council a change in the ordinance. Mr. Johnson contested the City is listing massage
therapist as massage parlors and if this is changed, massage therapist would not be required to pay the
$250.00 application fee. Mr. Johnson stated that if a massage therapist were located in a doctor or
attorney office they would not be required to pay the $250.00 application fee. Why is their profession,
massage therapist, being singled out? A. J. Welch, City Attorney, responded that the State Legislature set
the professions and it was done by State Law and massage therapist was not ne of the professions listed
under that state statute. There is a regulatory provision that authorizes the Mayor and Council to set fees
for the application and the evaluation of the application and gathering the information needed to approve an
application. In addition, Mr. Welch pointed out that Mr. Johnson is wrong, if he had a lawyer in his office,
he would have to pay a separate fee. Mr. Johnson continued to contest the label of massage parlor. He
states the law refers to massage establishments and a massage therapist is based on certification as a
profession. They are not doing illegal acts and they are opposed to paying for someone to regulate
massage therapists. Ms. Moody asked if there was any way the City could lower the regulatory fee?
Mayor Kelley responded we could but its not a consideration at this time. Mr. Johnson asked what about
the title of massage parlor? What they are actually setting up is a spa more than any thing else and the
fees under that are $350.00 with no application. A. J. Welch, asked are your providing the service? Mr.
Johnson stated they are providing a service but not a parlor. Mr. Welch attempted to explain that it all
relates to the service that he provides and he is not going to argue but trying to explain. Mayor Kelley told
Mr. Johnson that the City Ordinance is quit clear and if they wants to do business in the City they will abide
by the ordinance. Mayor Kelley advised that the Council may review the ordinance terminology. He
advised Ms. Moody and Mr. Johnson that if they wanted to open a business in Stockbridge they must make
application, along with credentials to be considered at the July 14, 1997 Council Meeting. Ms. Moody and
Mr. Johnson left the Council Meeting disgruntled. Mr. Welch addressed the Mayor and Council saying he
tried to say to Mr. Johnson that when you have a state licensing agency, you have someone to govern,
supervise and inspect. Massage therapist are not state regulated and therefore it is left to local
governments to regulate wha is best for the City at an additional expense to the City. Massage
establishments must be inspected four times a year and $350.00 is not a high fee.

Monique St-Germaine explained there is a great difference between a massage parlor and a massage
therapist. If a therapist is certified, they have the right to call themselves a Certified Massage Therapist or
CMT. If not certified by an accredited institution, either by the State or a National Board then they do not
have the qualification to call themselves a certified massage therapist. They can be called a masseur or
masseuse which has sexual connotations. The City requires that all massage therapist be certified,
therefore, the Council may consider changing the title in the ordinance to Massage Therapist. A. J. Welch
will review and advise.
FLETCHER TURNER, JR. Mr. Turner thanked the members of the Council for accepting him as a member
of the Council and pledged that he will do the best job possible for the citizens of Stockbridge.

Motion to convene was made by Harold Cochran, seconded by G. W. Evans, passed unanimously.
Meeting adjourned at 7:45 P. M.

Respectfully submitted,

Merle Manders R. G. Kelley,
City Clerk Mayor
