---
date: 2012-01-09
title: January 9, 2012 Minutes
source: 2012-01/2012-01-09_January 9, 2012_Minutes.pdf
pages: 1
---

January 9, 2012

SUMMARY MINUTES
CITY OF STOCKBRIDGE
January 9, 2012

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The Regular Council Meeting of the Stockbridge City Council was held on January 9 , 2012 at
7:00 P.M. Mayor Lee Stuart presided and members present were Mark Alarcon, Harold Cochran,
Robin Buschman, Alphonso Thomas, and Richard Steinberg.

Motion to Convene made by Harold Cochran, seconded by Alphonso Thomas. Passed

Mayor Lee Stuart announced the beginning of Oath of Office for Newly Elected Officials
administered by Judge Kelley Powell.

Judge Kelley Powell welcomed special persons to stand with Newly Elected Officials and
requested Candidates raise their right hand and collectively repeat the Oath of Office:

Do you Robin Bushman, Richard Steinberg and Alphonso Thomas solemnly swear/affirm
that you will faithfully perform the duties as a Councilmember of the City of Stockbridge, and
that you will, to the best of your ability, support and defend the Charter thereof as well as the
Constitution and laws of the State of Georgia and the United States of America. Do you further
affirm that upon assumption of this office you will not hold and unaccounted for Public money
due and payable to the State, any political subdivision of the State, the City of Stockbridge, or
any authority thereof, nor are you the holder of any other office of trust of the government of
the United States, of this State, or any foreign state as proscribed by the law of the State of
Georgia. And do you solemnly affirm that you are fully qualified under the Constitution and the
law of the State to hold the office of Councilmember, and that you have been a resident of the
City of Stockbridge for the entire period of time required by the Constitution and laws of the
state of Georgia. And you solemnly swear affirm that you will perform the duties your office in
the best interest of the City of Stockbridge and to the best of your ability without fear, favor ,
affection , reward or expectation thereof. Do you so help you God?

All Newly Elected Officials responded, “ I DO.”

Invocation by Reverend Irvine Bryer

Pledge of Allegiance

Motion to Approve Minutes of the December 2, 2011 Special Called Meeting made by Mark
Alarcon, seconded by Harold Cochran. Passed 5-0

Motion to Approve Minutes of the December 12, 2011 Regular Council Meeting made by Harold
Cochran, Second by Richard Steinberg. Passed 5-0
Mayor Stuart welcomed all guests.

OLD BUISNESS
Ordinance to adopt the 2012 Budget-Draft 3-B. Mayor Stuart announced that he, the
citizens and the council like the budget, it’s legally passable and asked to amend the agenda
and remove item number one. Motion to remove item made by Richard Steinberg, Second by
Harold Cochran. Passed 4-1, Alphonso Thomas apposed.
Mayor Stuart recognizes Mark Alarcon. Mark Alarcon made a motion to amend the agenda with
the amended agenda presented, Second by Richard Steinberg. Passed 4-1, Alphonso Thomas
apposed.

Resolution to Confirm City Administrator Ray Gibson to a month to month contract
with City of Stockbridge. Mayor Lee requested Andy Welch, City Attorney confirm the
contract had been created in December of 2011 for ninety (90) days. Andy Welch confirmed.
Mark Alarcon noted that there was controversy around the old council’s actions and what was
discussed as council was the contract that Mr. Gibson was hired under had language in it that
states “day to day and month to month” we (council) did not want to have any obscure
interpretation, we would like to mirror the wishes of THIS council to more mirror what is in the
contract. Mark Alarcon made a motion to create a resolution for a month to month contract for
City Administrator, Second by Richard Steinberg. Passed 4-1, Alphonso Thomas opposed.

NEW BUISNESS
To select Mayor Pro Tem. Motion to name Mark Alarcon as Mayor Pro Tem by Harold
Cochran, second by Robin Buschman. Passed 4-0, Mark Alarcon abstained.

Council appointment by a slate. Mayor announced slate appointments: City Clerk, Nicol
Vasquez; Treasurer, David Milliron; City Attorney, Jack Hancock Freeman, Mathis & Gary;
Municipal Court Judge, Ted Echols; Auditor, Miller Edwards CPA, Mauldin & Jenkins. Motion to
accept the slate by Richard Steinberg, Second by Harold Cochran. Passed 4-1, Alphonso
Thomas opposed.

Alphonso Thomas made a motion to appoint Vanessa Holiday for City Clerk; No Second. Motion
Failed.

Mayor Appointments: Associate Municipal Court Judge; Solicitor; Associate Solicitor.
Mayor Stuart requested Andy Welch address an explanation on this item. Andy Welch informed
the Mayor that he may make an appointment however the judge and associate judge are
appointed by the council. Per his recollection of the charter that is the case. Under section 5.11
of city charter sub paragraph B assigns the appointment authority to city council for all judges
of the city. The body as a whole makes the decision. Mayor Stuart requested to defer this item,
Attorney Welch approved that the associate judge may be filled at a later date. Mark Alarcon
made the question of this carrying over to the Solicitor & Associate Solicitor, Attorney Welch
made the statement that all court appointed individuals need to be appointed on this day,
today. As of now the Solicitor is the City Law Firm. If they wish the appointed City Attorney to
do make the appointment it will then be their (the City Attorneys) obligation to appoint a
solicitor, under section 4.12. Mark Alarcon noted all three positions are council NOT mayoral
appointments, Andy Welch confirmed. He also noted that if the council wishes to nominate a
solicitor other than the city attorney they may do so; the charter gives the council the authority
saying “may” giving the decision to determine the solicitor of the prosecuting attorney.
Traditionally it is the City attorney’s role however it does not have to be. Council deferred the
appointment of the Solicitor to the Mayor. Mayor appointed LaKeisha Gantt. Motion to defer
Associate Judge appointment and Associate Solicitor Appointment; Motion to Appoint LaKeisha
Gantt as City Solicitor made by Richard Steinberg, second by Robin Buschman. Passed 5-0

Committee Appointments. Mayor Stuart noted that Committee Appointments should be
made by the Mayor. Per the charter the committees serve at the pleasure of the mayor. Mayor
Stuart presented his seven committees: After School/Youth Committee, Senior Services
Committee, Historical Association Committee, Community Gardens Committee, Cemetery
Committee, LINK Committee (City’s Brochure), and a Sidewalk Committee. Mayor wanted to
entertain if anyone wanted to serve on these, they are more than welcome. Mark Alarcon asked
to be recognized; he agreed that the reading does state that the Mayor does make Committee
Appointments, unless otherwise decided by council. He does not want to impede on the
appointments announced here but would like to reiterate and continue to participate in the four
that were established: Public Works, Public Safety, Community Relations, Finance Committee
and Building Committee. Andy Welch recommended a motion to establish committees and
establish who will serve on them by a separate motion that will need to be approved by council
vote. Mayor appoints if he is going to establish committees within the council body. Under
section 2.04.210 the first regular meeting for the Mayor & Council for the county year will
establish the committees. As for the individuals that serve committees the council has to
determine the committees that will be established, the Mayor is given the authority to appoint
the individuals who will serve on them provided they meet the qualifications of 2.02220. Mayor
Stuart asked if this item should be tabled. Andy Welch noted that the council may entertain a
motion to table this item however he recommends the council establishes the committees as it
states in the charter that a committee is established at the first regular meeting. Mayor
requested a motion for the committees. Alphonso Thomas made a motion to table this item,
second by Robin Buschman. Passed 4-1, Mark Alarcon opposed

No Items for Henry County Planning & Zoning.

Mayor announced a proclamation for honorary citizen of Stockbridge. Richard Steinberg made a
motion to recognize Mike Moon as an Honorary Citizen of Stockbridge, second by Alphonso
Thomas. Passed 5-0

Resolution presented by Ray Gibson, City Administrator for month to month Code
Enforcement Services to be provided by Henry County Code Enforcement Office. Ray
Gibson stated that he spoke with Butch Sanders, the County Manager, and he is in aggreance
with the resolution. He also stated it would have to be approved by the board of
commissioners. Mark Alarcon made a motion to continue the existing agreement with Henry
County to continue on a month to month basis, second by Richard Steinberg. Passed 5-0

Resolution presented by Ray Gibson, City Administrator to enter into a project
management services agreement with Falcon Design for a fee of $11,162.76 or 7% of
the construction cost, as stated in the agreement not to exceed $13,000.00. Andy Welch noted
that the price in the agreement also includes (as a separate cost) a $3,000.00 survey cost. Also
included with the resolution is the representation agreement as well as the scope of service,
exhibit A and compensation service which is exhibit B. Mark Alarcon made a motion to confirm,
second by Harold Cochran. Passed 5-0

Resolution presented by Ray Gibson, City Administrator to set the schedule for the
2012 Work Session Meetings. Ray Gibson referred to the chart of the 2012 Work Session
dates to be held the Tuesday prior to the Monday Council Meetings, as well as dates of when
Items are due which are outlined throughout the table. This is put in order to keep a format so
Items are not brought up last minute. Motion to set the 2012 Work Session was done by Harold
Cochran, second by Robin Buschman. Mayor Stuart recognized Councilman Richard Steinberg
who wanted to make sure that everyone in the departments feel comfortable with the schedule
and will be able to meet it and that the schedule will not be changed. Ray Gibson confirmed.
Passed 5-0

Resolution presented by Smith Welch Webb and White to establish check signors for
the City of Stockbridge. Mayor Stuart recognized Andy Welch, Attorney. Andy Welch began
by stating the Resolution will authorize the Mayor, Chairman of the Finance Committee, the
Clerk and Treasurer to sign. As the council has not established a Chairman of the finance
committee he advised they strike that from the Resolution. Leaving the Mayor, City Clerk and
Treasurer as being authorized to sign checks on behalf of the City of Stockbridge so the
Resolution would have to be changed. Andy asked the council if they would like to make a
motion to accept the resolution as it is with the change that he mentioned of striking the
Chairman of the finance Committee the council can, at a later time, go back and change that
once they have identified the Chairman and the Committee. Mark Alarcon noted that in the
Ordinance it states the City Administrator as well and did not hear that read on Municode, he
wanted to let Andy know it is still in there and if that is not updated it needs to be looked at to
make sure the City is not advertising false information on line. Andy Welch noted that in respect
to this Resolution the individuals listed there would be the Mayor, City Clerk, Chairman and
Treasurer, those listed have expressed authority in pursuant to the Ordinances. Mark Alarcon
wanted to remind the Council, Mayor Stuart, Andy Welch & Ray Gibson that this is stated in
Municode and would like to make sure it gets cleaned up. Mayor Stuart stated that he would
like the Attorneys to review all or the Ordinances and make sure it is in sync with the Charter.
Mayor Stuart asked if the Council would like to make a motion to have it as the Treasurer, City
Clerk and will appoint if they will have the Chairman of Finance and the Mayor will be signatures
for the checks. Mayor Stuart recognized Mark Alarcon. Mark Alarcon asked Andy Welch if the
Resolution would then carry over if the item is not addressed at this meeting. Andy Welch noted
that it would carry over until the Council adopts a change, but he will check. Andy will check the
former resolution to see if there is a time limit, however at the moment this Resolution does
not. Mark Alarcon requested to make a motion that the Council table this item in parallel with
what was done with the Committees, until the Committee is established the council cannot
fulfill. His motion is to leave the checks signors as are until committees are resolved. Andy
Welch stated that the problem with that is if Vanessa Holiday & Annette Anderson are identified
on the existing Resolution they would no longer have any authority to sign because they are no
longer employed with the City. Andy noted that this should be part of the motion that those two
individuals will NOT be authorized to sign. Just so it is clear on the minutes that they are NOT
appointed and do NOT have the authority to sign checks. Mark Alarcon requested to amend his
prior motion to include the corrections stated by the City Attorney, Andy Welch. Second by
Robin Buschman.

Mayor Stuart recognizes Richard Steinberg who wanted to note that we, the City, make sure
that anyone who is a signatory is bondable. Andy confirmed that there is a bonding provision in
our code of ordinances, which can be verified. Currently the Mayor is bondable and on the
current motion the Chairman of the Finance Committee and the Mayor sign checks if we
maintain the current resolution. Andy noted that the current motion does not identify the City
Clerk or Treasurer having the authority to sign. Mayor Stuart recognized Richard Steinberg
expressed that whoever is a signatory on this account is bondable. Ray Gibson wanted to clarify
who will be signing checks, at this time the decision is unclear. Andy Welch stated that at this
time the motion made by Mark Alarcon is that the Mayor and Chairman of the Finance
Committee, which currently stands as Mark Alarcon, the council is NOT appointing Vanessa
Holiday or Annette Anderson to sign, nor is the motion to identify those particular positions at
the present time for signing. Andy requested confirmation from Mark Alarcon. Mark Approved.
Passed 5-0

Resolution presented by Smith Welch Webb and White for the Berry Streetscape
Project (Nolan to Love Street). Andy Welch presented the two options and requested Ray
Gibson assist him in presenting this Resolution. Andy noted that the negotiations with North
Folk Southern are not willing to extend or open up a lease that the City has with North Folk
Southern to allow for construction within their right of way. The current Berry Street plan calls
for construction of parking lots, some curb and gutter within the right of way fronting the shops
on Berry Street. With that being the design it is about approximately $98,000.00 that is
anticipated putting the lamps, the curb and gutter, and parking associated with that area. The
rest of the project can move forward but you will have an area that would have to be financed
by the City because we are not GDOT (Georgia Department of Transportation) will not allocate
any funding from the Federal T-Grant to build within the easement area that we have with the
lease agreement we have with North Folk Southern to build in that because North Folk
Southern will not authorize us to build in it. Without that Authority and a 20 year lease GDOT
will not allocate the money towards that so the extent that the City is going to finish out the
parking lot area within that lease area with North Folk Southern that would have to be done
with separate funds. Andy prepared two resolutions for consideration.
1. First, to amend the budget to allocate the amount of money that is needed for the
right of way project. Because that is not currently within the budget

2. To amend the scope of the project to exclude the right of way area from the current
Berry Street Project. So they will exclude the right of way area and then the City will
fund the approximately $98,000.00 for the city to build it. The City will then hire a
contractor to then install that portion of the project.

Essentially the project will be divided in two phases and the federal dollars will remain on the
right of way, the existing land the City owns and will not be applied to the leased area that is
owned by North Folk Southern. Andy Welch then requested Ray Gibson continue. Ray Gibson
noted that at the end of the day the project cost for $680,000.00, 20% of the match is
$170,000.00 the City would be responsible for. After the state making the City pay
$180,000.72, the city would be responsible an additional $44,544.58 on top of the $170. With
that $44 the city would go back to GDOT and negotiate with them to see if we can come to an
agreement where they can reimburse those funds. The total is not in actuality the $98 it will be
$44,544. The hit to the City after the reimbursement would be $44, 544.58. Mayor Stuart
questioned if this was something that was not foreseeable back then. Ray Gibson stated that
after the engineers did the work to see what the right of way was, we thought it was a small
portion and then went out and did some survey work to see where the right of way was and it
took up half of the project. They didn’t foresee that and we didn’t either which is the reason
why it is presented again. Mayor Stuart asked who did the survey, Ray Gibson responded with
Tech & Wood. Mayor Stuart recognized Alphonso Thomas. Alphonso Thomas wanted verify for
the citizens the difference between the Berry Street projects as there are two of them. Ray
Gibson verified that the Berry Street Streetscape project which we are currently working on
goes from Nolan to Love Street is for streetscape, new sidewalk, paving of road way and
landscaping. The actual project for the Berry Street sidewalks will go from Nolan up to Second
Street and that has been put into the budget for a portion to do some engineering work and
partial construction. Ray also wanted to update the council and inform them that the City has
been in contact with Jack Burnside who is trying to include the Berry Street sidewalk project
into the Davis Shields Road Sidewalk Project, he feels there is some funding there to join the
two. Mayor Stuart recognizes Mark Alarcon. Mark Alarcon stated that Ray Gibson and himself
have spoken about this and the allotment that he is referring to is about a $250,000. Line item
in the budget for the South berry Street engineering and study? Ray Gibson corrected that it
was a $200,000. Mark Alarcon continued that there are allocated funds and that it sounds like a
hopeful opportunity. Mark Alarcon made a motion to amend the budget for the necessary funds
to move forward with option two and feels there are a lot of negative finances that could
happen to the City if we did not continue to work with GDOT. He asks support for option two
from the Council, second by Richard Steinberg. Mayor Stuart recognized Andy Welch. Andy
Welch stated that there are two options but they really are not options. The City has a project
that has a scope of work, that scope of work included land that was later surveyed and found to
be within a leased portion of a property leased by the City. The council must amend the scope
of that work to remove that part of the land from the current bid. It is no longer apart of the
project and federal funds may not be used. Andy suggests they undertake both items, amend
the scope with the terms of the City’s budget and move forward. Ray Gibson asked if the City
goes back and amends the scope will that hinder the City from receiving additional funds for the
project. Andy Welch confirmed and stated that within this work, GDOT will not allocate federal
funds without there being a 20 year lease from North & Southern to the City. Without that
lease, federal funds will not be allocated by GDOT. The City will have to come out of pocket for
that amount to build curb, gutter and paving which is approximately $98,000.00. Passed 5-0

Pastor Irvine Bryer with Crossroads Christian Church addressed the Council to
request a 6-month religious usage permit for 5355 North Henry, Suites 117 &119.
Pastor Irvine Bryer stated that they are charted as a nonprofit religious corporation in the State
of Georgia and have all credentials necessary. Crossroads Christian Church is now trying to
contract with the owners of the location that is commonly known as Ace Hardware, proper
name Cobble Stone Square, and would like to rent two suites, 117 & 119, under the temporary
provision that the City may extend to us for 6 months. Crossroads have been in conversation
with the owner and they too would like this to happen. Pastor Bryer also thanked the City for
allowing them to share space on the city property and affirmed that it has been a pleasant time.
Pastor Bryer added that they will continue to participate in Health Fairs and Road races and
wanted to note that with the Facility they will add in a Youth Center at least two days a week.
Harold Cochran made a motion to approve, second by Richard Steinberg. Passed 5-0
Melvin Thomas and Mildred Reed addressed the Council to request sidewalks for the
South Berry Street (Noland and Second). Mildred Reed introduces herself and Melvin
Thomas. They came before the council to make them aware that they have meet with Ray
Gibson and Adam Price, the engineer, just to get a feel of what was going on with this project.
She noted that they are representing the citizens of Stockbridge; they both came to make sure
that this item was on the agenda and kept in the forefront. Mildred is aware that there are
funds set aside for this project but not enough and would like to talk about this item again in
the future.

Clarence Boone and Adam Stanfield presented the Stockbridge Heritage Trail 5K
Bike, Run and Walk to the Mayor and Council. Clarence Boone began presentation and
noted that In conversations with faith community and citizens of Stockbridge it’s been
determined that they, the citizens, would like to have a heritage festival related to information
that they had determined where it was discovered the Martin Luther King Jr. Lineage started in
Stockbridge. In 1864 Dr. Martin Luther King’s Grandmother and Grandfather settled in
Stockbridge. Martin Luther King Senior was born here in a home off of Walt Stevens Rd. They
would like to do something that exemplifies the spirit of Stockbridge. Something done
professionally, done well and in a family friendly atmosphere and wanted to be able to do
things that were beneficial to the City. Mr. Boone is aware that the City relies on sales tax as its
base. He figures there will be about four (4) to five (5) hundred people who will participate in
the run plus that many spectators and fifty (50) to one hundred (100) volunteers. And after the
run they would probably like to go somewhere and eat, spend some time in the city and their
hope is that after exploring the city and reviewing the heritage that they would like to return at
another time and find out more about the city. This event is financed by private funding and is
at no cost to the City. They would like the City to enjoy the process. This event will take place
th
on Saturday, January 14 the course will be a 5K competitive Run, the bike and walk will be
family friendly. There will also be a one mile option. Adam Stanfield wanted to add that this
event will be put on behalf of Heritage Park Trail and put on in a certain way where the event
will be able to continue. There is a production company that will come in and work on the pre-
event and then on the closure. It will be a self maintained event that will begin at 6am,
registration at 9am and done by 11am. Mayor asked if this was like the Resolution Run that
st
took place on January 1 . Adam agreed and noted that the run had five hundred (500)
participants. The route for the 5K will begin at City Hall, Right on East Atlanta, Left on Love
Street, Right on Burke Street, Left on Merle Manders, Left on Park Wood, Left on West Burke,
Right on Burke, Left on Love, Right on Berry going toward old Stockbridge, Left on Second
Avenue, Right on Jennings/Cemetery Street, around the park through the trail, right on Tye
Street and ending at First Avenue. One mile route will be Right on East Atlanta, Left on Love,
onto no name street, Left on Joy Street, Left on Burke, back to Love, to North Berry to Nolan,
Tye Street, and to First Avenue and back to Floyd Chapel. Reason for choosing Church Chapel
was because that is where Martin Luther King Senior had his trial sermon. There will be specific
Markers at Historical Sites. Porter potties will be put out prior to the event and picked up after.
Mayor recognized Mr. Steinberg wanted to make sure that an application was filed for a permit
under item 10.16.50. Ray Gibson added that whenever a parade is taken place the City ask’s
that the group meet with city officials and present exactly what is going to be done, when and
how police issues will be taken care of, liability issues, game plan. Ray informed Adam & Mr.
Boone that they need to meet with him. Mayor recognized Mr. Alarcon who added that the
policy pointed out clearly states that they did not need to come before the council and that it
could have just been presented to Mr. Gibson and gone fourth. Mr. Boone just wanted to make
sure this presented to the council so they all understood how beneficial this would be for the
City.

No Business License Request

Public Comments

• Pamela Davis- spoke in support of a Senior Fitness Center in the City of Stockbridge to
serve those citizens who would like to exercise in their community. She presented the
Council with a flyer.

• Chip Flanegan wanted to welcome and applaud the new city council and wanted to let
them know that the citizens worked hard to get the new council elected and hopes to
see change in the future. He would like them to work together for the betterment of the
CITY not the council.

• Lakeisha Gantt came forward to discuss the board of ethics committee and wanted to
thank the council for appointing her today.

• George Espada wanted to welcome the new council and wanted to talk about the
appointment process and if the residents have a say on who is appointed.

Mayor Stuart stated, if the Attorneys agree, to have staff place resumes online for citizens to
view. So the citizens may see that qualified individuals have been chosen for the appointed
positions.

Mayor Stuart announced the upcoming meetings in the City.

Mark Alarcon wanted to go on record on the votes for the committee that the way he reads the
charter the he voted against that and to state that it is supposed to take affect and acted on.
He wanted make sure he was on record.

Richard Steinberg asked that Ray Gibson publish all of the City Council’s telephone numbers and
email addresses. Mayor Stuart agreed.

Motion to adjourn made by Harold Cochran; Second by Richard Steinberg.
Passed 5-0

Respectfully submitted by:
Nicol Vasquez, City Clerk Lee Stuart, Mayor
