---
date: 2011-01-20
title: January 20, 2011 Minutes
source: 2011-01/2011-01-20_January 20, 2011_Minutes.pdf
pages: 1
---

January 20, 2011

SUMMARY MINUTES
STOCKBRIDGE CITY COUNCIL
January 20, 2011

The Regular Meeting of the Stockbridge City Council was held on January 20, 2011 at
6:00 P. M. Mayor Lee Stuart presided and members present were Mark Alarcon, Harold
Cochran, Shirley Dabney, Fred Evans, and Kathy Gilbert.
Motion to Convene made by Harold Cochran, seconded by Fred Evans. Passed 5-0
Motion to Approve Minutes of the December 6, 2010 Special Council Meeting mad by
Fred Evans, seconded by Harold Cochran. Passed 5-0.

Motion to Approve Minutes of the December 13, 2010 Council Meeting made by with a
Correction to the Mayor’s Motorcade made by Kathy Gilbert, seconded by Fred Evans.
Passed 5-0.
Invocation by Mark Alarcon
Pledge of Allegiance
Welcome Guests

Mayor Stuart reviewed the new Work Session/Council Meeting Schedule for the year
2011. The Work Session will be held on the first Monday of the month, unless the
Monday falls on a holiday, then the meeting will be held on Tuesday of that week. The
Council Meeting will be held on the second Monday of the month.

Conditional Use - Faith to the Nations Christian Center
1951 – 1959 Hwy. 42 North
Carla Stephens, Co-Pastor
Pastor Carla Stephens went before Council to request a 6 month extension on the
current location. Councilwoman Gilbert made an inquiry as to the progress of a
permanent location. Pastor Stephens indicated that due the current economy, funds are
low, and they have not been able to secure a permanent facility as yet. Mark Alarcon
made a motion to approve the extension. Seconded by Harold Cochran. Passed 5-0.
Reference Ordinance 10-233 City of Stockbridge 2011 Operating Budget
Mayor Stuart vetoed the appropriation in Line Item “Bypass Right of Way”; Account
54.1417 in the amount of $750,000. No motion was made on this item.

Reference Ordinance 10-233 City of Stockbridge 2011 Operating Budget
Mayor Stuart vetoed the appropriation in Line Item “Stockbridge Bypass”; Account
54.1415 in the amount of $517,000. No motion was made on this item.

Reference Ordinance 10-233 City of Stockbridge 2011 Operating Budget
Mayor Stuart reduced the appropriation in Line Item “Transfer-GF-Tunnel”; Account
39.1103 in the amount of $425,000; and approved $75,000. No motion was made on
this item.

Reference Ordinance 10-233 City of Stockbridge 2011 Operating Budget
Mayor Stuart reduced the appropriation in Line Item “General Government, Buildings
and Plant; Site Improvements”; Account 54.1100 in the amount of $128,337; and
approved $50,000. No motion was made on this item.

Reference Ordinance 10-233 City of Stockbridge 2011 Operating Budget
Mayor Stuart vetoed the appropriation in Line Item “Executive Vehicle”; Account
54.2200 in the amount of $25,000. No motion was made on this item.

Council Selection of Mayor Pro Tem
Fred Evans made a motion to appoint Kathryn Gilbert as Mayor Pro Tem. Seconded by
Shirley Dabney. Mark Alarcon stated that the previous Council had voted against Kathy
Gilbert approximately 90% of the time on issues, and questioned why the Council is
now in support of Fred Evans stepping down, and appointing Kathy Gilbert as Mayor
Pro Tem. He noted that she is both qualified and educated, and has completed the
GMA studies. Mark Alarcon made a motion to appoint Harold Cochran; however, there
was already a motion and second on the floor. Mayor Stuart stated that he wants the
Council to work together. Mayor Stuart suggested that out of courtesy and respect, that
he should be informed by the Council on such matters. Passed 3-0-2. Both Kathryn
Gilbert and Mark Alarcon abstained from the vote.
Mayor’s Selection of Committees and Chairpersons
Mayor Stuart announced his selection of the 2011 Committees and Chairpersons. There
was no change of Committee Members, however the Mayor elected to change the
Chairperson of the Community Relations Committee from Kathy Gilbert to Mark
Alarcon; and he also changed the Chairperson of the Building Committee from Mark
Alarcon to Shirley Dabney.

Mayor and Council Selection of Ethics Committee
Mayor Stuart announced his selection of members for the Ethics Committee as Donald
L. Gordon and Alphonso Thomas. These selections do not require Council’s
confirmation. Mayor Stuart announced his selection of the attorney for the Ethics
Committee as LaKeisha T. Gantt. Motion to approve made by Mark Alarcon and
seconded by Kathy Gilbert. Passed 4-1. Opposed by Fred Evans.
Mayor Stuart announced the Council’s selection of candidates: George Hawxhurst, Judy
Neal, Vernon Moss, Phil Hogan and David Grace. Mark Alarcon added Houston Nelson
and Anthony Ford to the list of candidates. Kathy Gilbert made a motion to postpone
this item, as the Council needed to review and narrow down the candidates. Mark
Alarcon suggested that Council move forward with the selection process. Mayor Stuart
noted that the board was already 60% selected and that the Council needed to move
forward. No second made on Councilwoman Gilbert’s motion. Fred Evans made a
motion to approve Judy Neal, seconded by Kathy Gilbert. Mayor Stuart noted that Judy
Neal was related to a member of the Urban Redevelopment Agency of the City of
Stockbridge, and felt as though there would be a conflict of interest. Ms. Neal confirmed
that she was the cousin of Gaye Burton. This would require Judy Neal to recues from
certain matters. Attorney Lindsay Hodgson stated that being a relative was not a
disqualifying event. If an application comes forward, and there is a conflict, then there
would be other members of the committee to select from to hear the item. Ms. Neal
made a request to address the Council. Mark Alarcon stated that it may be a problem if
the committee attempts to draw the name of the alternate, Ms. Neal’s name may not be
removed, presenting a problem. Mayor Stuart stated that he just simply wouldn’t do it.
Ms. Neal stated that while she did not ask to be appointed to the Ethics Board, she
would love to serve on the board. She stated that she has experience where she has
been both a State Authority Director and a State Agency Director. She went on to state
that she had never had a bad audit finding financially, or any other negative finding in
her career. She stated that she understands ethics, and that they are hugely important if
you are to succeed as a government official. And that Gaye Burton being her cousin has
absolutely nothing to do with her integrity, nor her ability to serve on an ethics panel.
She encouraged the Mayor and Council to look at individual’s credentials instead of
looking at who their relatives may be. Ms. Neal offered her service to serve if she is
approved. Mayor Stuart asked Ms. Neal if she was asked to serve, and she stated that
she had not been asked to serve. Councilwoman Dabney asked Lindsay Hodgson if
there was any legal reason that Ms. Neal could not serve. It was Ms. Hodgson’s opinion
that it is not necessary to eliminate someone based on them being related. Passed 4-1.
Mark Alarcon opposed. Mayor Stuart called for a motion to approve the final person for
the board. Kathy Gilbert made a motion to approve David Grace. Mayor Stuart
addressed Councilman Alarcon. Mark Alarcon stated that he was going nominate
Houston or Anthony and asked what David Grace’s occupation was. Kathy Gilbert
stated that Mr. Grace was the owner of Grace Management Services and provides
homeowners association financial management to over 150 different homeowners
associations in the metropolitan Atlanta area. Mark Alarcon asked if Mr. Grace was
involved with Windsong Plantation and Eagles Landing. Kathy Gilbert acknowledged
that Mr. Grace does provide services for those organizations. Councilman Alarcon
made a suggestion to table this item due to the ordinance having a loophole to the
qualifying of a member to the board. And that there could be a conflict of interest. He
suggests that there are more citizens in the City that could serve that don’t have ties. He
acknowledged that he voted for this ordinance. Mayor Stuart suggests that the item be
tabled. Mark Alarcon stated that Kathy Gilbert already had a motion on the floor. Kathy
Gilbert stated there was a motion for David Grace. Mayor Stuart stated to
Councilwoman Gilbert, that he had not recognized her, and therefore not accepted her
motion, and that he considered her to be out of order. Mayor Stuart asked Attorney
Hodgson what the City should do at this point. Attorney Lindsay Hodgson responded to
Mayor Stuart that it will have to be a decision that he has to live with as far as him not
recognizing Councilwoman Gilbert’s motion. Mayor Stuart stated that it is clear in the
Charter that as Mayor, he must recognize anyone to speak, and that she,
Councilwoman Gilbert was not recognized. Lindsay Hodgson stated that the Council
would have to vote to table the item. Mark Alarcon stated that he wanted to make a
motion to table the item for vetting purposes. Seconded by Harold Cochran.
Councilman Fred Evans asked if Councilwoman Gilbert had not made a motion to
appoint David Grace. Mayor Stuart stated that he did not recognize her, and that she
was out of turn. Councilwoman Gilbert asked Councilman Alarcon if he was suggesting
that the Council scrap the Ethics Ordinance entirely and start over. Councilman Alarcon
stated that the Council should go back and critique the ordinance. Wants to change how
the process is established. Vanessa Holiday stated that the Ethics Ordinance has been
accepted by GMA, and is going to be recognized at the Mayor’s Day Conference on
January 23rd and that the deadline was December 15th, and this date had passed.
Mayor Stuart asked Counsel if the ordinance could be amended. Lindsay Hodgson
stated that it could be, and would need to be re-submitted to GMA with any changes.
Motion to table failed. For: Alarcon and Cochran. Opposed: Dabney, Gilbert, and Evans.
Kathy Gilbert made a motion to appoint George Hawxhurst to the committee. Seconded
by Mark Alarcon. Passed 5-0. Mayor Stuart suggests that the ordinance be brought
back to the Work Session to review for amendment of the vetting process.

Resolution - Appointment of Treasurer for the City of Stockbridge – Candidate is
Annette Anderson. Ms. Anderson stated that she has a Bachelors Degree in Accounting
and working towards her Masters. Motion to approve made by Fred Evans. Seconded
by Harold Cochran. Passed 5-0.
Resolution - Appointment of City Clerk for the City of Stockbridge – Currently filled by
Vanessa Holiday. Ms. Holiday noted that she has been serving as City Clerk since May
2010. Motion made to approve made by Kathy Gilbert. Seconded by Harold Cochran.
Passed 5-0.

Appointment of City Attorney for the City of Stockbridge – Currently represented by
Smith Welch and Brittain. Councilman Alarcon made a motion to appoint Smith Welch
and Brittain as attorney of record, but have Andy Welch as the representation at the
meetings and any face time with the City. Councilwoman Dabney confirmed that Mark
Alarcon’s request was for the attorney representation only and not the firm, Smith Welch
and Brittain. Attorney Lindsay Hodgson stated that the firm has several attorneys to
represent the City. Andy Welch is currently serving in the legislature, and cannot commit
to being here for meetings. There are any numbers of attorneys and staff that work on
matters for the City. Mr. Alarcon acknowledged that the firm has many qualified
attorneys, and feels like it would prudent to make Andy Welch the attorney of record,
and when he is not available, other attorneys may come in his absence. No second.
Fred Evans made a motion to appoint Smith Welch and Brittain as the attorney.
Seconded by Harold Cochran. Passed 4-0-1. Councilman Alarcon abstained from
voting.

Appointment of City Auditor for the City of Stockbridge- Currently represented by
James L. Whitaker, P.C. - Staff Recommendation – Mauldin & Jenkins
Ray Gibson noted that Mauldin & Jenkins was a highly qualified group, and that staff
wanted to move in a new direction, and therefore recommended them as the Auditing
firm for the City. He noted that Mr. Edwards was available for questions. Mr. Edwards
cited that his firm specializes in governmental agencies, and that they would act as an
external auditor and have no other position. Mr. Edwards stated that it’s always a good
idea to get a completely independent set of eyes in that role, and that role only. Mr.
Welch’s firm represents other cities in Henry County and will be involved in the L.O.S.T.
Negotiations. Mr. Edwards also stated that Mr. Welch represents several cities in
Gwinnett County, and they audit those cities as well. Mayor Stuart stated that he
supports the staff’s recommendation. Motion made by Mark Alarcon to appoint Mauldin
& Jenkins. No second.
Kathy Gilbert notes that staff has made a recommendation, and ask that Ms. Anderson
states her opinion as the new financial officer. Ms. Anderson stated that she has a new
position as Treasurer and two new staff members in the Finance Dept. Everyone is
learning their position and trying to get up to speed. She stated that she did meet with
Mauldin and Jenkins, and that she too was impressed with what they had to offer. And
thinks that they would do a good job and serve the City well. She further stated that she
also has worked with James Whitaker and he has done a great job, and she enjoys
working with him. You could go either way. She stated that Mauldin and Jenkins had a
lot of customers, and a lot of governmental experience, and lots of years. Kathy Gilbert
seconded Mark Alarcon’s motion to appoint Mauldin and Jenkins as the City Auditor.
Shirley Dabney stated that she is not sure that the City should go with a new firm,
especially due to the turnover in staff. Mark Alarcon noted that the current auditor does
not accept responsibility of a large majority of what he signs off on. And we are getting
that from the new firm. Councilman Alarcon asked Annette to speak to that along with
some of the errors that she had mentioned to him. She stated that the letter provided by
James L. Whitaker was standard language as to what you could and could not audit.
Vanessa Holiday addressed the payroll tax reports that had been prepared for years.
Those reports were reviewed by the auditor, and as it turns out, were prepared and
reported improperly. She further stated that it was her opinion that tax reports prepared
on behalf of the City should be reviewed by the auditing firm. There were errors from
previous reports and the City has to make the corrections and file amended returns and
pay penalty and fees. We are unaware of the fees and penalties at this point.
Councilwoman Gilbert noted that she had been made aware of some of the deficiencies
and stated that there is a Process Audit that relates to processes, and a Financial Audit.
And stated that if he were not tasked to do a Process Audit, then she would not expect
him to find errors in processes. His letter of engagement would need to be reviewed,
and it appears that Mr. Whitaker is being cast in a derogatory light with him not being
here to respond. Vanessa Holiday agreed with Councilwoman Gilbert that he would not
be responsible for the processes of the City; but, that she disagreed that when tax
returns are submitted on behalf of the City, that he would not have looked at those.
Councilman. Alarcon stated that it is not the Council’s intention to put anyone in a
negative light. Councilman Evans asked Annette Anderson how many years had the
City won an Accounting award, consecutively. Ms. Anderson stated that this had been
achieved for twelve years, and running. Vanessa Holiday asked Mr. Edwards to address
the tax return issue as it relates to their firm. When it comes to the 941 reports they will
review that they are reasonable and do salary reconciliation and review the benefits and
make sure that all of that adds up and looks like it has been reconciled to the 941. An
external accountant could review those reports, but they would only review items on an
annual basis. He stated that one of their value-added concepts is to teach their clients
how to do things better, and are teaching this to their clients these things on a quarterly
basis. Motion failed 2-3. For: Alarcon, Gilbert. Opposed: Dabney, Evans, and Cochran.
Motion to appoint James L. Whitaker, PC made by Fred Evans, seconded by Harold
Cochran. Passed 3-2. For: Evans, Cochran, and Dabney. Opposed – Gilbert, Alarcon.

Resolution – Authorizing the City of Stockbridge to amend the approved signatories
with banking institutions authorized to do business within the state of Georgia. Motion to
approved made by Kathy Gilbert. Seconded by Fred Evans. Passed 5-0.

Council Selection of L.O.S.T. (Local Option Sales Tax) Representative(s).
Candidates are: Mark Alarcon, Council Member, Finance Committee Chairman, and
Ray Gibson, Assistant City Manager – Motion to approved made by Fred Evans.
Seconded by Kathy Gilbert. Passed 4-0. Mark Alarcon abstained from voting.

Resolution – Change Order no. 21, 22 ,25 – Municipal Court Project. Mayor Stuart
noted that the changes for the most part were for an unfinished are of the new Municipal
Court. Motion to approved made by Fred Evans. Seconded by Harold Cochran. Passed
5-0.

Resolution – Presented by Jack Burnside – Contract Administrator - Change Order
– Reeves Creek Greenway & Trail Project – CSTEE-0006-00(647). Contractor -
LeWallen Construction – Architect – HGOR. Jack Burnside spoke regarding the need to
issue a change order for the Reeves Creek Project. Councilman Alarcon strongly
disagreed with the City accepting the change order and challenged Mr. Burnside to go
back to the contractors to reduce/make the cuts in their own budgets to find these funds
to complete the job, and not to diminish the quality of work. No motion on the item.

Resolution – Presented by Jack Burnside – Contract Administrator – TE - Georgia
Department of Transportation Right-of-Way Agreement- PI #9093 Henry County
Stockbridge Downtown Streetscape (Berry Street). Motion to approved made by Fred
Evans. Seconded by Kathy Gilbert. Passed 5-0.

Resolution – Pertaining to the Construction of the Southern Crescent Technical
College/Henry County Campus. In support of the latest movement on funding for the
County’s technical school. Motion to approve made by Kathy Gilbert – Seconded by
Fred Evans. Passed 5-0.

Motion to amend the Agenda to move Public Comments.

Public Comments

John Powledge spoke regarding Form of City Government

Houston Nelson spoke regarding the business blocking the view at the North Henry
Blvd. Wal-Mart at Hwy. 138.
Nedra Horton spoke regarding detention pond.

Richard Steinberg spoke regarding Reeves Creek Trail/Greenway.

Don Gordon spoke regarding stop on Shields Rd. (follow-up).

Anthony Ford spoke and introduced himself as the newly elected HOA President of
Monarch Village.

Motion to convene Executive Session made by Kathy Gilbert, seconded by Fred Evans.
Passed 5-0.

Executive Session

· 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; O.C.G.A. §50-14-
3 (6)

· To consult or 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 City
or an officer or employee or in which the officer or employee may be
directly involved; O.C.G.A. §50-14-1 and O.C.G.A. §50-18-72 (e).

Motion to reconvene made by Kathy Gilbert, seconded by Fred Evans – Passed 5-0.

Motion for the Mayor to sign an Executive Session Affidavit regarding Personnel matters
made by Kathy Gilbert, seconded by Fred Evans – Passed 5-0.

Motion for the Mayor Pro Tem to sign an Executive Session Affidavit regarding Pending
Litigation matters made by Fred Evans, seconded by Shirley Dabney – Passed 5-0.

Announcement of Upcoming Meetings & Events
Work Session – Monday, February 7, 2011 6:00 pm City Hall
Public Safety Committee – Tuesday, February 8, 2011 6:00 pm City Hall
Public Works Committee – Tuesday, February 8, 2011 6:30 pm City Hall
City Council Meeting – Monday, February 14, 2011 6:00 pm City Hall

Friday, January 21 – Totes 2 Tots suitcase drive for foster children from 10 a.m. to 2
p.m. at the Cancer Specialists office in Stockbridge, 1045 Southcrest Dr. Stockbridge,
GA
Totes 2 Tots delivers backpacks and kid-sized suitcases to foster children in Georgia –
from infants to teenagers – many of whom must shuffle their belongings from home to
home in garbage bags during frequent relocations. For more information call (678) 289-
0549

Town Hall Meeting to discuss Sanitation Routes – Saturday, January 29th at 9am
– City Hall 4640 North Henry Blvd. Council Chambers

Motion to adjourn made by Harold Cochran, seconded by Shirley Dabney – passed 5-0.

Respectfully submitted by:

Vanessa Holiday, City Clerk Lee Stuart, Mayor
