---
date: 2010-08-09
title: August 9, 2010 Minutes
source: 2010-08/2010-08-09_August 9, 2010_Minutes.pdf
pages: 1
---

August 9, 2010

MINUTES

STOCKBRIDGE CITY COUNCIL

AUGUST 9, 2010

City Council
Lee Stuart, Mayor
Mark Alarcon Ray Gibson, Assistant City
Manager
Harold Cochran Vanessa Holiday,
City Clerk
Shirley Dabney
Fred Evans
Kathy Gilbert

The Regular Meeting of the Stockbridge City Council was held on August 9, 2010 at 6:00 P. M. Mayor Lee
Stuart presided and members present were Mark Alarcon, Harold Cochran, Shirley Dabney, Fred Evans
and Kathy Gilbert.

Harold Cochran made a Motion to Convene; Fred Evans seconded and passed unanimously. The meeting
convened at 6:00 P.M.

Mayor Stuart: Okay. I need a motion to approve the minutes of the July 12, 2010 Regular City Council
Meeting.

Kathy Gilbert: I have one question, Mr. Mayor.

Mayor Stuart: Okay.

Kathy Gilbert: I noticed that in the minutes we are printing the full text of all of the proclamations. And I
am not entirely certain that is necessary. I think we might save a little bit of paper and ink if we just indicated
that a proclamation was presented. I don’t know for sure what the legalities of that are, but…I don’t know
what has been the tradition in the past.

Mayor Stuart: Where’s our attorney? Might ought to bounce that off of them.
Kathy Gilbert: Okay, well it really does…I really just had a question regarding that. And then one other
item in those minutes on page 30, um there is a reference to a speaker by the name of Kathy Butler. I
believe that was actually Kathy Gilbert, myself. I don’t think there was a Kathy Butler in attendance at the
meeting.

Mayor Stuart: Okay. I remember you saying that, too. You’re correct. Good catch.

Vanessa Holiday: Noted.

Kathy Gilbert: Thank you. I will, with those remarks, I will make a motion to accept the minutes as
corrected.

Mayor Stuart: I have a second?

Fred Evans: Second.

Mayor Stuart: Second by Mr. Evans. All in favor? All in favor? One, two, three, four…

Shirley Dabney: Five.

Mayor Stuart: …five. Thank you.

Mayor Stuart: Okay, I need a motion, if you would, to approve the minutes of July 22, Special Council
Meeting.

Harold Cochran: I make a motion to approve them.

Mayor Stuart: Mr. Cochran makes a motion. Can I have a second?

Kathy Gilbert: Second.
Mayor Stuart: Ms. Gilbert second. All in favor? One, two, three, four, five. Thank you much.

Mayor Stuart: At this time, if you will, I think Ms. Gilbert, we will start with the invocation.

Kathy Gilbert gave the Invocation.

Mayor Stuart: Thank you. At this time, we’re going to do the Pledge of Allegiance and if we will, I’m just
going to vary from it a little bit. We have the Boy…is it Cub Scouts or Boy Scouts?

Unknown Speaker: Cub Scouts.

Mayor Stuart: Cub Scouts from 1776. They’re up here for their project, and if y’all would come up front
here. I’m going to let them lead us in the Pledge of Allegiance.

Cub Scout Troop 1776 led in the Pledge of Allegiance.

Mayor Stuart: There we go. We gave them a couple of pins from City in recognition from out there. I’d
like to say welcome to everybody again for coming out tonight. Appreciate it--particularly in this heat—you
coming out here and participating. And that’s what it’s all about, is having participation in your government
and in we appreciate it very much. With nothing else to go on, we will start with a proclamation.

It’s the National Payroll Week Proclamation. There’s no one here to…so we’ll just… Do I need to read it
off? We’ll present it to them when they come, come for it.

Kathy Gilbert: Or mail it.

Mayor Stuart: Or mail it to them. Correct.

Mayor Stuart: Alrighty. With that being said, our Old Business… We have the Henry County Planning
and Zoning. Item #2. If y’all would get copies of the agenda. I’m sorry…we have agendas out there if
you didn’t get it. Should be Item #2 on there. It’s zoning modification of a parcel land. The applicant is
Mr. Patel about a Medical Clinic and we will have Michael Jordan here from the County is one of the
planners to … He will brief his portion of it here. Michael Harris…I’m sorry. I’ll get it right.
Michael Harris: People confuse us all the time.

Mayor Stuart: Do they?

Michael Harris: Good evening Mayor and Council Members. The subject property was rezoned by the
Stockbridge City Council from R-3, Single Family Residential to C-2, General Commercial on April 14 of
2008 and at that time there were six conditions that were imposed on the rezoning. The applicant has
requested, is making request, to eliminate two of those conditions. Condition number 1, and I’ll read it
quickly.

1. Condition 1 reads The facade of the existing single-family structure shall be renovated to consist
of brick or masonry product on all four (4) sides. And also the elimination of Condition #2, which
reads:
2. Condition 2 - Dumpster(s) shall be placed on a concrete pad and enclosed on three (3) sides.
The enclosure shall be constructed of brick, stone, stucco or any combination thereof, provided it
is consistent with the design features of structures on the site and shall not exceed eight feet (8’)
in height.

The Zoning Advisory Board held a public hearing on June 10, 2010, to hear this item for his, to hear the
modification. Again, the modification was to eliminate those two conditions. At that public hearing the
zoning advisory board denied the request to eliminate the two conditions; however, they made a
subsequent approval of rewording conditions #1 and 2. And briefly, I’ll read those, Mayor.

The recommendation was to reword Condition #1 to:
If the existing structure is replaced or improved upon, the exterior product shall be of brick or masonry
product.

And the proposed wording for Condition #2 was:
Should a dumpster be placed on the property, it shall be placed on a concrete pad and enclosed on three
(3) sides. The enclosure shall be constructed of brick, stone, stucco or any combination thereof provided
it is consistent with the design features of structures on the site and shall not exceed eight feet (8’) in
height.

So, while the applicant made the initial request was to eliminate those two conditions, the Zoning
Advisory Board heard the request and they recommend for denial of the elimination, but approval of a
rewording of Conditions 1 and 2.

Mayor Stuart: Okay.

Michael Harris: So the recommendation I’m bringing for the Council tonight is based on the Zoning
Advisory Board’s recommendation to reword Conditions #1 and #2.

Mayor Stuart: Alright. Any questions?

Fred Evans: Yes, sir. I got a couple of questions.

Michael Harris: Yes, sir

Fred Evans: This property has gone from residential to C-2 and back in ’08 and it’s gonna be used as a
commercial establishment. How about the driveways? It is now currently a gravel driveway. Has that
driveway got to be asphalt or poured concrete? No parking lot there. Nothing but a big green yard.
Michael Harris: Now, I know they would be bound by certain conditions as imposed by DOT. That
wasn’t specified as a condition, but they may not be able to obtain a permit if they don’t meet the GDOT,
whatever DOT recommendations stay in place. So they may not have been required to have a…

Ray Gibson: Mr. Evans, they submit the development plans. Will have to meet all those requirements,
which will require—more than likely—a paved driveway and parking lot.

Shirley Dabney: I was going to say parking.

Michael Harris: ‘Cause on North Henry Boulevard they would likely have to go back and pave. You
know, they’ll be required to get a, a um, permit as part of the state route. As part of the state route, they’d
be required to get a GDOT permit and they have a set number of requirements they would have in place
as well, so before they can do anything. Before they get that permit, they would have to meet the
requirements as well.

Fred Evans: Okay. Another question.

Michael Harris: Yes, sir.

Fred Evans: Signage.

Michael Harris: Um Hmm.

Fred Evans: We went through this last month with the new grocery store. Is there going to be a tall sign,
monument-based sign? What are we looking at here?

Michael Harris: In the conditions, nothing was addressed specific to the signage. Um, that being the
case, they would be bound by whatever the current requirements for signage would be for that area, for
C-3 property.

Fred Evans: Will they have to come back before us on the signage?

Ray Gibson: Currently they would be allowed to have a 35-foot high sign on that property, based on the
zoning ordinance.

Mayor Stuart: Maybe we ought to have Mr. Patel brief what his plans are for that. I believe he’s here.

Michael Harris: Yeah, I’m not sure Mr. Patel’s here this evening.

Mayor Stuart: Right there he is. I just met him there.

Michael Harris: Okay. He is here.

Mayor Stuart: Come on up, sir, if you would, so we can hear you on the mic. State your name and...
We appreciate it.

Vinod Patel: I’m Vinod Patel. Whatever signage rules and regulations the City has it, we will follow it.

Mayor Stuart: Okay.

Vinod Patel: ‘Cause I’m not sure what he’s. Doc is not here and I’m not sure what, how big sign he’s
going to put it. We will follow the rule and regulation of City.
Mayor Stuart: Anyone have any questions?

Kathy Gilbert: I…I’m concerned that if what is standard in the City is 35…it could be as high as 35 feet.

Vinod Patel: We’re not going to put that high.

Kathy Gilbert: But … I understand… but I want to make sure that we have the opportunity to… whatever
we have to do to have some control over what does go there. Mr. Welch, is that something we can put in
a motion approving?

Buddy Welch: You have the right, you have the right to add stipulations to the zoning. They’re asking
for a modification. You have the right to add to that modification, if you wish. If they’re willing to accept
it—in other words you could say that the sign could be no more than 12 feet tall, or eight feet tall. And if
they are willing to accept that and announce that, then you could vote to approve it. If you have concerns
about anything dealing with the project, you can table, ask them to prepare a plan for your review of the
entire facilities, including signage.

Kathy Gilbert: And Dr. Patel is not here this evening?

Vinod Patel: No. He’s out of town.

Kathy Gilbert: Okay.

Vinod Patel: That’s why I, we came here.

Kathy Gilbert: Well, because we have—I think we have a couple of concerns here, partly relative to the
driveway and the parking situation and relative to what sort of sign stipulations there might be, I would like
to request that we table this for another month and would ask that the doctor prepare a proposal from the
standpoint of the gravel driveway and parking and a sign.

Vinod Patel: We’re going to do the asphalt parking lot and driveway.

Kathy Gilbert: Okay.

Shirley Dabney: Are we, are we…I’m sorry.

Kathy Gilbert: Though…

Fred Evans: I’ve actually got one more concern. Again, this home--this was an old home place—once
someone’s home. State fire requirements, State Fire Marshall.

Ray Gibson: State the … In order to get building permits to do any renovations inside the building, they
will have to go through the Henry County Fire Department for inspections.

Fred Evans: Okay.

Ray Gibson: That’ll be determined at that time.

Buddy Welch: Was there some mention of a gravel driveway?

Fred Evans: Yes.
Kathy Gilbert: That’s what’s there.

Fred Evans: There’s a gravel driveway. There’s no parking, whatsoever, other than around in the back I
think there’s a little bitty garage back there.

Buddy Welch: Well I don’t think gravel driveways are authorized under C-3

Fred Evans: I didn’t think so either.

Buddy Welch: C-2…any of the C’s. And you have to have paved parking and so forth. You have to
have a minimum number of parking, based upon your square footage. So it may be best just to get a
complete design of what they’re going to do and how it’s going to be laid out to make sure they will be
able to comply.

Mark Alarcon: I’d like to second Kathy Gilbert’s motion.

Mayor Stuart: Alright, so I have a motion to table it and got a second by Mr. Alarcon. Any other
discussion? All in favor? One, two, three, four, five. So we will table it at this time and we’ll get more
clarification from him. We can work with him.

Michael Harris: We’ll get with your staff and get an actual detailed plan showing the specifics of
particular signage, driveway and parking.

Mayor Stuart: Okay.

Michael Harris: Thank you.

Fred Evans: Thank you.

Mayor Stuart: The next item is Item #3 Livable Centers Initiative for the Hudson Bridge-Jonesboro
Roads Connector Activity and that is being postponed for the City of Stockbridge. City Council will review
it at August 23 Work Session.

Mayor Stuart: And New Business. We have Resolutions, and Agreements and Ordinances by Smith,
Welch & Brittain, City Attorney Mr. Welch. The Item #4 Resolution authorizing the City of Stockbridge to
accept bids for the website development for the City.

Buddy Welch: At the last meeting you requested, Ms. Gilbert requested I prepare a resolution accepting
the low bid in the matter. I’ve done that and forwarded that to you for your review.

Mark Alarcon: Mr. Mayor, Um, I wanted to um, I guess start this conversation off with saying that
anyone that has attended any of these meetings in the last several months. I still maintain that I think the
best interest of the City would be served if we went ahead and agreed to put this opportunity of
developing a website back out for bid, get three more bids and, and either discount Triality or allow them
to come in after we resolve some of the issues that I believe don’t make them qualify as an apples-and-
apples um bid qualifier in this bid. So those, you know, I would like to just not accept and, you know, I’m
encouraging my Council members to vote this down because I just do not believe that Triality is bidding
apples-and-apples. And it’s just—I can go on and on with numerous counts as to why I don’t agree with
it. But I, I, I’ve pontificated over that many times, and if we have to go there, I will, but I’m just
encouraging everyone to… I know they’ve done their due diligence on their own, but I would like to
encourage us to not accept this and to get three new bids.
Mayor Stuart: Any other discussion?

Kathy Gilbert: I make a motion to accept the res… to adopt the resolution authorizing the acceptance of
the Triality bid.

Mayor Stuart: I have a motion by Ms. Gilbert. Have a second?

Shirley Dabney: Second.

Mayor Stuart: Any discussion? All in favor? One, two. Two. All opposed? One, two, three. Okay.

Mayor Stuart: And the next item Resolutions.

Kathy Gilbert: Mr. Mayor, if I may?

Mayor Stuart: Yes.

Kathy Gilbert: I would like to make a motion that we adopt a resolution to authorize the City to seek
additional bids for developing the website. And in absence of that resolution, authorize Mr. Welch to draw
up a resolution, seeking new bids.

Mayor Stuart: Have a motion

Buddy Welch: Do we specs already prepared?

Kathy Gilbert: I believe we do have specs already prepared. Do we not?

Ray Gibson: Yes, we do.

Buddy Welch: You want those incorporated in the resolution there?

Kathy Gilbert: Um, I believe that would be appropriate.

Buddy Welch: Yes, ma’am.

Mayor Stuart: Have a motion

Buddy Welch: In the form of a motion and they waive the right of having it in writing, I will have it
prepared to reflect the record.

Kathy Gilbert: Um, I … Okay the motion is that we adopt a resolution with the specs already prepared to
re-bid the website development.

Mayor Stuart: Have a second?

Mark Alarcon: I’ll second.

Mayor Stuart: Mr. Alarcon second. Any discussion? All in favor of re-… the motion for the new bids?
One, two, three, four, five. Thank you.
Mayor Stuart: Item 5 is a Resolution – Authorizing the City of Stockbridge to execute a “Drinking Water
Laboratory and Related Services” agreement between the Environmental Protection Division of the State
of Georgia Department of Natural Resources and the City for water testing and related services.

Buddy Welch: This is a resolution requested in the contract requested by the Department of Natural
Resources. That was attached to the resolution. Recommendation from staff is that you approve it
tonight.

Mayor Stuart: This is kind of like a standard housekeeping…

Buddy Welch: It is.

Mayor Stuart: We do this every three years?

Buddy Welch: Yes, it’s ongoing.

Mayor Stuart: Okay, I have a…anyone have a…make a motion?

Fred Evans: So moved.

Mayor Stuart: Mr. Evans makes a motion.

Kathy Gilbert: Second.

Mayor Stuart: Ms. Gilbert. Any discussion? All in favor? One, two, three, four, five. Thank you.

Mayor Stuart: And with nothing else on here, we have the Executive Session, so I need to have a
motion to adjourn the regular meeting.

Kathy Gilbert: Actually, it’s a motion to convene the Executive Session.

Fred Evans: Second.

Buddy Welch: I would like to add to that ‘pending litigation’.

Kathy Gilbert: For the purpose of employment compensation, hiring, disciplinary or dismissal, and
pending …

Shirley Dabney: Legal.

Kathy Gilbert: …legal.

Fred Evans: I second.

Mayor Stuart: Who made the motion?

Kathy Gilbert: I did.

Mayor Stuart: You did. And second? Who was second?

Shirley Dabney: Second.
Mayor Stuart: You’re second? Okay. All in favor? 5-0.

Executive Session convened at 6:16 PM

Kathy Gilbert: I make a motion to adjourn the Executive Session.

Mayor Stuart: I have a motion by Ms. Gilbert to adjourn. Have a second? Do I have a second?

Fred Evans: Second.

Mayor Stuart: To adjourn? Mr. Evans second. All in favor? One, two, three, four, five. Okay.

Kathy Gilbert: I make a motion to reconvene the Regular Meeting.

Mayor Stuart: Have a motion by Ms. Gilbert to reconvene. Do we have a second?

Fred Evans: Second.

Mayor Stuart: Second by Mr. Evans. All in favor. One, two, three, four, five. Okay.

Executive Session adjourned at 7:20 PM

Kathy Gilbert: I make a motion authorizing the Mayor to sign a, enter into a contract with Staff
Connections for the purpose of bringing an HR person on for a temporary assignment, not to exceed
$35,000.

Mayor Stuart: Do I have a second?

Fred Evans: I’ll second.

Mayor Stuart: Second by Mr. Evans. Any discussion? All in favor? One, two, three, four, five. Motion.
Okay.

Buddy Welch: Mr. Mayor, you need a resolution authorizing you to sign the affidavit for Executive
Session.

Kathy Gilbert: I make the motion …

Buddy Welch: Pending litigation and threatened litigation.

Kathy Gilbert: I make a motion that the Mayor sign a resolution, a resolution authorizing the Mayor to
sign an affidavit indicating that the items discussed in Executive Session were personnel issues as well
as litigation and pending potential litigation.
Mayor Stuart: Okay. Have a second?

Fred Evans: I second.

Mayor Stuart: Mr. Evans second. Any discussion? All in favor? One, two, three, four, five. Okay.

NOTE: Councilperson Shirley Dabney excused herself from the meeting at 7:22 PM

Mayor Stuart: And have a motion to adjourn?

Mark Alarcon: And we have to have public comment.

Kathy Gilbert: Well do you have any public comments?

Mayor Stuart: Oops…I’m sorry. Whoop, whoop, whoop. Look at the sheet.

Kathy Gilbert: And announcements?

Mayor Stuart: And requests. I’m sorry.

Vanessa Holiday: There were none. No public comments.

Mayor Stuart: No public comments. Okay. At this time, I have the announcements of the upcoming
meetings.

We have the Public Safety Committee Meeting is Tuesday, August 10, at 6:00pm here in City Hall. Public
Works Committee Meeting is Tuesday, at 6:30pm, August 10.

Community Relations Meeting is Monday, the 16th, at 6:00pm here at City Hall.

Finance Committee will be Thursday, August 19, at 6:00pm.

City Council Work Session – the next one is August 23, at 6:00pm at City Hall.

And the City Council Regular Meeting is on Monday, September 13, at 6:pm here at City Hall.

The City Hall and Municipal Court will be closed at 2pm on Friday, September 3, and will be closed on
Monday, September 6, in observance of Labor Day.

Mayor Stuart: And with that do I have a motion to adjourn?

Fred Evans: I make a motion to adjourn.

Mayor Stuart: Mr. Evans makes the motion to adjourn. Do I have a second?

Kathy Gilbert: Second.
Mayor Stuart: Ms. Gilbert second. Any discussion? All in favor? One, two, three, four, five. Thank you
very much.

NOTE: There were only four votes, as Shirley Dabney excused herself from the meeting at 7:22 PM

The Regular City Council Meeting adjourned at 7:23 PM
