---
date: 2012-12-04
title: December 4, 2012 Minutes
source: 2012-12/2012-12-04_December 4, 2012_Minutes.pdf
pages: 1
---

December 4, 2012

WORK SESSION AGENDA MINUTES
CITY OF STOCKBRIDGE
December 4, 2012; 7:00 pm

City Council
Lee Stuart, Mayor
Mark Alarcon, Mayor Pro Tem
Robin Buschman, Councilwoman
Harold Cochran, Councilman
Richard Steinberg, Councilman
Alphonso Thomas, Councilman

Rhonda A. Blackmon, City Clerk
Call to Order; motion was made by Harold Cochran; second was made by Robin
Buschman; passed 5-0.
Invocation by Melvin Fulton.

Pledge of Allegiance

Adopt Agenda; Mark Alarcon made a motion to remove items 4, 5 and at the request of
the City Attorney, items 7 through 13 from the agenda; second was made by Harold
Cochran; Mr. Thomas commented on the Berry Street Project stating that the City has
been attempting to get this project complete and stated that something always comes
up. Mr. Thomas wanted to know why the item was being removed. Mr. Alarcon stated
that we do have a resolution for Phase I of the project. However, the City Attorney has
had several questions regarding this project and he has not been able to get all of the
questions answered or to complete the research. Mr. Alarcon stated that due to that, it
was being removed. Mr. Thomas turned to Mr. Linkous and asked if he thought he
would have the information for the upcoming regular Council meeting? Mr. Linkous said
he would do whatever the Council wants him to do but he will have a hard time getting
all of it done by the coming Monday but he would do what he could. Mr. Mayor said he
has sent several reports to Council on the updates for this. He understands we need
questions asked and we do not want to do anything illegal but we need to move
forward. Mayor discussed his opinion on taking off items #4 and #5, he stated we have
staff present to discuss these items and he felt this was a big problem for employees
right now concerning the buyback program and what the employees could expect. Mr.
Thomas also felt that these two items should be discussed. The motion passed 4-1 with
Alphonso Thomas as opposed.

OLD BUSINESS

Item #1- Presented by Cheri Hobson-Matthews, Director Henry County Planning &
Zoning
Ordinance: To amend Chapter 8.36 of the City of Stockbridge Code of Ordinances
which provides for zoning; as to permit, as an accessory use, one dwelling unit per self-
storage facility in C-3 Zoning Districts; Ms. Matthews discussed the situation that a
citizen came forward about two (2) months ago concerning allowing an accessory
dwelling as part of a mini warehouse or mini storage facility. Our ordinances did not
allow this use and this is a text amendment that would allow this under certain
specifications. The Henry County Planning & Zoning Board did hear this matter and
approve it. Mr. Linkous discussed the ordinance presented and stated that he was in
full agreement of what Henry County has put forth. Mr. Alarcon stated that his only
concerns were that the dwelling could be overhead and also that the facility be (3) three
sides brick or stone in alignment with our City ordinances and this ordinance seems to
address both issues. No action taken at this time.

Item # 2- Presented by Cheri Hobson-Matthews, Director Henry County Planning
& Zoning
Ordinance: Notice is hereby given that the City of Stockbridge will conduct a Public
Hearing for the purpose of approving an ordinance to adopt a new Official Zoning Map.
The corrected copy of the Official Zoning Map will supersede and replace the current
Official Zoning Map adopted January 12, 2009; Ms. Matthews stated that the County
had received notification from our City Attorney that there were several parcels in the
City that had improper zoning classifications and that based on research done by the
City Clerk and the GIS department, this took place when the City had property annexed
in and the zoning classifications were not correctly marked on the City’s Official Zoning
Map. This ordinance would be just to amend the City’s Official Zoning Map. Ms.
Matthews stated that in researching this, other parcels from a like location were also
found to be improperly marked on the map and those have been included in this
amendment. The County also wanted to add two (2) recommendations as conditions as
part of this as well. One was that the Official Zoning Map showed the signature of the
Mayor and the City Seal. The other was that there be some language added in to the
Code of Ordinances to allow amendments to the map due to drafting errors, omissions
and conflicts in zoning records so as not to hold up businesses that may be affected by
the incorrect show of zoning. No action taken at this time.

Item # 3 - Presented by Bill Linkous, City Attorney
Resolution: For Council to authorize Smith, Welch, Webb and White to finish up the
collection of storm water fees so work can begin on the Publix detention pond; Mr.
Linkous went over the resolution and the situation on the storm water retention pond
known as the Publix detention pond or the Monarch Village detention pond that needs
work. He stated that the City has been attempting to collect money from the
landowners who benefit from the detention pond so that the repairs can be made. The
City has collected some of these monies but there are some landowners that are not
cooperating. This resolution will allow Smith, Welch, Webb and White to continue to
collect the fees. M Mayor Stuart asked Adam Price of Falcon Design to talk about the
project. Mr. Price indicated that there were two items on this project. The collection of
the fees and also the review of contract documents which are reviewed by the
attorneys. This latter is the hold up for Mr. Price. Mr. Alarcon stated we should put
liens on the land for owners that are not cooperating. He also stated that if the
document portion were handled, the City could make the repairs and continue to work
on obtaining the fees. Mr. Linkous stated that the City could do that. Mayor Stuart
reiterated that the resolution for the work to be done was passed. Mr. Price stated the
City just needed to decide which attorneys would review the documents. Mr. Linkous
stated that their office had a conflict with the collection of the fees but there may or may
not be a conflict with the project documents being reviewed by their office and that was
being determined. Mayor Stuart went over with Adam Price again what Mr. Price is
waiting for to move forward. Mr. Price stated he just needed to know which attorneys
were going to complete the review of the project documents so that the RFP could be
put out. Mark Alarcon wanted to put on the consent agenda to have Smith, Welch,
Webb and White to proceed with the collections. Mayor Stuart restated that the
resolution in front of them was just for the collections and he asked the City Attorney if
the resolution could be amended to add in the portion of the review of documents. Mr.
Linkous agreed. Council all agreed to put this item on consent agenda. Council also
agreed to have the City Attorney draft another resolution for the consent agenda for the
review of the documents for the bid process to go forth with Smith, Welch, Webb and
White.

NEW BUSINESS

Item # 4 - Presented by Dawnn Johnson, Human Resources Manager
Request: To create personnel manual to address benefits for appointed personnel;
removed.
Item # 5 - Presented by Dannille McGouirk, Payroll Clerk
Discussion: Clarification on the changes for the Buy-Back Program for 2012; removed.

Item # 6 - Presented by Randy Willis, Storm Water
Request: The developer has requested the City of Stockbridge to lower the bond
amount on Clark Meadows Subdivision from $182,250.00 to $46,200.00 as the bank
has foreclosed on this property; Mr. Willis discussed that the developer was asking for a
reduction on the bond and that Henry County acts as an agent on this and when they
did their inspections, there are a lot of items that were not done that should have been
done. The County called the bond in for the City back in 2011 and so they need to
know which direction the Council wants to go as far as whether to collect the bond or
not to collect the bond. The agent has given an estimate of $111,000.00 to do the
repairs that need to be done. Mayor Stuart added that he had gotten a phone call that
the former City Administrator had agreed with the City Attorney, Mr. Hancock; to reduce
the bond and they wanted the Mayor to sign off on it. He wanted to get more
information and found out that the County had reclaimed the bond in January 2011.
Mayor said he went out and looked at the area and he said it was about one third
developed. There are trails that have not been put in, roads are sunken, weeds are
growing everywhere and the clubhouse with the pool is not allowed to be used by the
homeowners. There is no developer and they are selling lots off to builders but there is
no one overseeing anything to make sure all the work gets done. Mayor suggested we
pull the bond and turn around and get the work done. Mr. Alarcon also discussed a
similar situation involving a bond that had to be pulled on another area and the money
that had to be spent to complete repairs for it. No action taken at this time.

Item # 7 - Presented by Alphonso Thomas, Councilmember
Resolution: Authorizing the City of Stockbridge to expend up to $3,500.00 for the
easement/right-of-way acquisition on the South Berry Street Project; removed.

Item # 8- Presented by Alphonso Thomas, Councilmember
Resolution: Authorizing land right-of-way/easement acquisition for property in the City
of Stockbridge belonging to Joseph T. Mann, Jr. for the South Berry Street Sidewalk
Project; removed.

Item # 9- Presented by Alphonso Thomas, Councilmember
Resolution: Authorizing land right-of-way/easement acquisition for property in the City
of Stockbridge belonging to Real Bizness Solutions, LLC & Margie Morris for the South
Berry Street Sidewalk Project; removed.

Item # 10- Presented by Alphonso Thomas, Councilmember
Resolution: Authorizing land right-of-way/easement acquisition for property in the City
of Stockbridge belonging to Richard A. Rhodes & Devetter A. Rhodes for the South
Berry Street Sidewalk Project; removed.

Item # 11- Presented by Alphonso Thomas, Councilmember
Resolution: Authorizing land right-of-way/easement acquisition for property in the City
of Stockbridge belonging to Floyd Chapel Baptist Church for the South Berry Street
Sidewalk Project; removed.

Item # 12- Presented by Alphonso Thomas, Councilmember
Resolution: Authorizing land right-of-way/easement acquisition for property in the City
of Stockbridge belonging to Fannie Bell Smith for the South Berry Street Sidewalk
Project; removed.

Item # 13- Presented by Alphonso Thomas, Councilmember
Resolution: Authorizing land right-of-way/easement acquisition for property in the City
of Stockbridge belonging to Lloyd Burns for the South Berry Street Sidewalk Project;
removed.

Item # 14 - Presented by Lee Stuart, Mayor
Calendar year 2013 dates; Mayor Stuart referred to the City Clerk. The City Clerk
stated that what was presented was a holiday and training calendar to show any
conflicts. She stated that now she needs to go through the calendar and list all the
meeting dates for the year. No action taken at this time.

HENRY COUNTY PLANNING & ZONING
No Items
AGENDA REQUEST
No items.
COUNCIL DISCUSSION ITEMS
Fiscal Year 2013 Budget; Mayor Stuart stated that the budget is on the website and the
first budget hearing is on the 11th, the second budget hearing is on the 18th and the
adoption is on the 18th as well. Mayor then went over what documents the Council has
included in with the budget for their review. Mayor Stuart verified with the City Attorney
that there was no penalty if the budget was not put out by November 1st. Mr. Linkous
stated that there was no provision for that but that if the budget was not passed by
December 31st, the current budget would roll over in to the New Year. Mayor also went
over a couple of items that he had put in the budget. Mayor said that the staff would be
here for the hearing on the 11th, to answer any questions. No action taken at this time.

EXECUTIVE SESSION ; No Executive Session.

 A. Meeting to discuss or vote to authorize the settlement of a matter
covered by the attorney-client privilege as provided in Georgia
Code section 50-14-2(1) and 50-14-3(b)(1)(A). The subject discussed
was [identify the case or claim discussed but not the substance of the
attorney-client discussion].

 B. Meeting to discuss or vote to authorize negotiations to purchase,
dispose of or lease property as provided in Georgia Code section 50-
14-3(b)(1)(B).

 C. Meeting to discuss or vote to authorize the ordering of an appraisal
related to the acquisition or disposal of real estate as provided in
Georgia Code section 50-14-3(b)(1)(C).

 D. Meeting to discuss or vote to enter into a contract to purchase,
dispose of, or lease property subject to approval in a subsequent
public vote as provided in Georgia Code section 50-14-3(b)(1)(D).

 E. Meeting to discuss or vote to enter into an option to purchase,
dispose of, or lease real estate subject to approval in a subsequent
public vote as provided in Georgia Code section 50-14-3(b)(1)(E).
 F. Meeting to discuss or deliberate upon the appointment,
employment, compensation, hiring, disciplinary action or dismissal, or
periodic evaluation or rating of a public officer or employee as provided
in Georgia Code section 50-14-3(b)(2).

 G. Meeting to interview one or more applicants for the position of the
executive head of an agency as provided in Georgia Code section 50-
14-3(b)(2).

 H. Pursuant to the attorney-client privilege and as provided by Georgia
Code section 50-14-2(1), a meeting otherwise required to be open was
closed to the public in order to consult and meet with legal counsel
pertaining to pending or potential litigation, settlement, claims,
administrative proceedings, or other judicial actions brought or to be
brought by or against the agency or any officer or employee or in which
the agency or any officer or employee may be directly involved and
the matter discussed was [identify the matter but not the substance of
the discussion].

 I. Staff meeting held for investigative purposes under duties or
responsibilities imposed by law as provided by Georgia Code section
50-14-3(a)(1).

COMMITTEE MEETING UPDATES
No items

ANNOUNCEMENT OF UPCOMING MEETINGS & EVENTS; Mayor read the
announcements.
All Meetings Will Be Held At City Hall Unless Otherwise Noted

1. Hearing of Mayor Lee Stuart-Monday, December 10, 2012 at 9:00am
2. Upcoming Council Meeting- Monday, December 10, 2012 at 7:00pm
3. Budget Hearing SCM-Tuesday, December 11, 2012 at 7:00pm
4. Mayors Bike Ride- Sunday, December 16, 2012 at 3:00pm
5. Budget Hearing and Adoption SCM-Tuesday, December 18, 2012 at 7:00pm

6. Closed for Christmas-Monday, December 24th and Tuesday, December 25th
7. Public Works Committee Meeting- Cancelled for December 2012
8. Public Safety Committee Meeting- Cancelled for December 2012
9. Building Committee Meeting- Cancelled for December 2012
10. Community Relations Committee-Cancelled for December 2012
11. Finance Committee Meeting- Cancelled for December 2012

MOTION TO ADJOURN made by Richard Steinberg; a second was made by Harold
Cochran; the motion passed 5-0.

Respectfully submitted by:
Rhonda A. Blackmon, City Clerk Mark A. Alarcon, Mayor
