---
date: 2010-12-13
title: December 13, 2010 Minutes
source: 2010-12/2010-12-13_December 13, 2010_Minutes.pdf
pages: 1
---

December 13, 2010

SUMMARY MINUTES
SPECIAL MEETING
STOCKBRIDGE CITY COUNCIL
December 13, 2010

The Regular Meeting of the Stockbridge City Council was held on December 13, 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.

A motion to convene was made by Harold Cochran, seconded by Kathy Gilbert and
passed unanimously. (5-0)

A motion to approve the Minutes of the November 8, 2010 Regular Council Meeting was
made by Kathy Gilbert seconded by Fred Evans and passed unanimously. (5-0).

A motion to approve the Minutes of the November 11, 2010 Special Council Meeting was
made by Harold Cochran seconded by Kathy Gilbert and passed 4-0-1. Council Member
Fred Evans abstained from voting as he was not present at the Special Council Meeting.

Council Member Mark Alarcon gave the invocation.
Pledge of Allegiance

Mayor Stuart welcomed all guests

Mayor Stuart acknowledged the Certificate of Appreciation to the City of Stockbridge
from the Henry County Board of Commissioners, and acknowledged Commissioner
Reid Bowman, who was in attendance for the Life Management Skills Program. A total
of $10,000 has been provided by the City of Stockbridge for this effort for the years
2009 and 2010.
Mayor Stuart expressed thanks for the Mayors Motorcade event and thanked all that
participated by bringing items to the Conference Center. Donors provided holiday gifts
for the patients of Georgia's mental health and retardation hospitals. The program is
also aimed at raising the awareness of the needs of Georgia's mental hospitals.

There was no Old Business presented.

Under New Business, Council unanimously approved the following Resolutions under
the Consent Agenda Items: Gilbert/Cochran

Resolution – Authorizing the City of Stockbridge to write-off the balance of unpaid court
fines for the years 2005 and prior.

Resolution – Declaring certain debts owed to the City of Stockbridge by any person or
entities, to be bad debt.

Stacey Jordan, Henry County Planning & Zoning, presented a Rezoning Item:
Applicant John S. Thomas 5523 Bahia Mar Circle Stone Mountain, GA 30087
Agent: Chad Torri – 406 North Hill Street Griffin, GA 30223

Location: 4323 North Henry Blvd. Land Lot 62 of the 12th District
Request: Rezoning from C-2 (General Commercial) to C-3 (Heavy Commercial)
Parcel ID: S33-01-049-000 Purpose: Proposed Used Car Lot
Zoning Advisory Board approved the item on September 9, 2010 and recommended
approval.
Kathy Gilbert wanted confirmation that the property was on a septic system. Mr. Chad
Tori confirmed that this was a fact. There was a concern raised by Kathy Gilbert that if
the property was approved, and then asphalt laid down over the septic system, this may
present a problem. Mr. Tori expressed that he did not anticipate a problem. Ray Gibson,
Asst. City Mgr. referred to the City Ordinance as it relates to septic systems where if you
are within 250’ of a line, you must tie in to the City sewer lines. Ray Gibson also asked
Council to refer to staff recommendations for this item where he noted that he had
removed the condition for sidewalks. He would prefer that the City to look at the corridor
as a whole in the future, as opposed to placing sidewalks only in front of this property.
Council Member Alarcon expressed concern with rezoning the property to C-3 (Heavy
Commercial). Mr. Jordan referred to the conditions that would prohibit anything other
than a car lot as specified in the request – noted in Condition no. 9. Any additional
changes to the property would have to come back before Council for approval. Mr. Tori
handed out photos of the site to Council. Ray Gibson also noted that on Condition No.
2, the Zoning Advisory Board had recommended an 8’ sign, and to be consistent with
what was approved along Hudson Bridge, he increased that to 12’ as part of the staff
recommendations for conditions. Fred Evans inquired as to whether or not the tires that
were previously on the property, had documentation of their removal. Mr. Tori was
unaware of such documentation, and stated that the property had been leased to
several different contractors. Ray Gibson made a request that Council accept the site
plan as is, and any adjustments to the site plan would have to come before Council for
approval as condition number 11. Mark Alarcon agreed with Ray Gibson to revisit the
ordinance as it pertains to C-3 zoning. Judy Neal expressed an element of concern not
to allow businesses in that would deteriorate the appearance of the North Henry
corridor. Kathy Gilbert reiterated her concern that the property connect to the City’s
water and sewer lines. Ray Gibson advised that this would be determined through
development rights and that Condition no. 8 referred to major automotive repairs, and
amends the conditions that revoke license. A motion to approve that included the staff’s
amended conditions along with Zoning Advisory Board’s conditions was made by Fred
Evans, seconded by Kathy Gilbert the item was approved with (11) eleven conditions. 3-
2. Approved by Evans, Gilbert and Cochran. Opposed by Alarcon and Dabney.

City of Stockbridge Staff Recommendation:

After reviewing the zoning request with Mr. Chad Torn, the Attorney representing the
requested rezoning application, Staff recommends the following revised conditions of
zoning:

1. The facade of any proposed buildings visible from the street shall consist of brick, stone,
stucco, glass or*any combination thereof. The exterior appearance of all proposed
buildings shall meet the approval of the Planning & Zoning Department prior to the
issuance of a development permit.

2. Ground signage shall be limited to one (1) sign or one (1) sign per platted lot any
ground sigh shall be monument based consisting of brick, stucco, stone or any
combination thereof and not to exceed twelve feet (12') in height and eighty (80) square
feet in area.
3. Any development plans shall include a landscape plan that meets the approval of
the Development Plan Review Department to help ensure sufficient buffering
adjacent to the existing residential development as well as the overall aesthetic
appeal of the development.
4. The trash disposal site shall be located in the rear of the building and be enclosed
by a three-sided wall of the same material as the building.
5. A lighting plan shall be submitted meeting the approval of the Development Plan
Review Department The lighting plan shall prohibit light pollution onto adjacent
properties. Any light which shines directly toward North Henry Boulevard shall be
prohibited. Light fixtures that do not comply with the approved lighting plan shall
be modified, disabled, or removed at the time the non-compliance is discovered.
6. Notwithstanding anything to the contrary herein, no zoning conditions imposed
herein shall be interpreted or applied in such a manner so as to require any
violation of any existing building, development, storm water and/or any other
applicable codes.
7. State Route 42/138 is the jurisdiction of the Georgia Department of
Transportation (GDOT). Applicant shall be required to obtain approval from
GDOT for access to the site from the State Route.
8. No major automotive repairs shall be performed on subject property. Only minor
repairs may be performed on vehicles that are sold on the property. Violations
will result in license revocation.
9. All C-l (Neighborhood Commercial) and C-2 (General Commercial) uses shall be
permitted. The only C-3 (Heavy Commercial) use shall be auto sales. Any other
use shall require the approval of .the Stockbridge City Council.
10. All vehicles shall be parked on asphalt.
11. Any adjustment to the site plan would require approval of the Zoning Advisory
Board and the Stockbridge City Council.

Resolution – To prescribe the scheduling of Regular Meetings, Study Sessions, and
Special Called Meetings of the Mayor and Council of the City of Stockbridge.
The Agenda for the Regular Meeting will be the same as the Work Session Agenda.
Staff’s recommendation. Motion to approve made by Mark Alarcon, Seconded by
Shirley Dabney. Approved 5-0.

Resolution – Authorizing the City of Stockbridge to accept the contract for website
development for the City.
Lindsay Hodgson with Smith Welch and Brittain advised Mayor and Council that they
had reviewed the contract from MunicipalCMS and recommends that Councils awards
the contract to MunicipalCMS. Motion to approve MunicipalCMS as the website
developer was made by Kathy Gilbert, seconded by Fred Evans – Approved 5-0.
Resolution – Authorizing the City of Stockbridge to execute agreement between the City
of Stockbridge and Georgia Crime Information Center, National Crime Information
Center, and Criminal Justice Information System regarding guidelines to ensure
security, privacy, accuracy and completeness of criminal history checks; appointing an
Agency Head; appointing a Terminal Agency Coordinator; providing for training
resources as necessary. Mark Alarcon recommends appointing titles/positions and not
names of individuals. Kathy Gilbert agreed. Motion to approve made by Kathy Gilbert,
seconded by Mark Alarcon. Approved 5-0. Approved Municipal Court Judge as Agency
Head, and Municipal Court Clerk as Terminal Agency Coordinator.

Resolution – Approving the Five Year Update to the 2001 City of Stockbridge LCI.
Ray Gibson – study must be completed to apply for supplemental funding from the ARC
which will allow the City to proceed with looking at a corridor Study along Hwy 138 and
future plans for Town Center. The document outlines what has been accomplished. The
study for 2011 will further allow planning for the future over the next 5 – 10 years, and
wants to get the citizens involved with this study. Mark Alarcon made a clarification of
the size of the building. Ray Gibson confirmed the correct size. Mark Alarcon made a
motion to approve made by Mark Alarcon, seconded by Fred Evans. Approved 5-0.

Resolution – In support of LCI Application for supplemental funding from the Atlanta
Regional Commission.
Ray Gibson noted that the application is in process. This resolution expands on the
previously mentioned study and supplemental funding from the ARC. Motion to approve
made by Kathy Gilbert, seconded by Harold Cochran. Approved 5-0.

Resolution – Authorizing the City of Stockbridge to engage Falcon Design Group to
perform services regarding Overlook II Detention Pond and related area.
This is an item that was discussed in Executive Session, and staff received
authorization to move forward. The resolution is a formality. Motion to approve made by
Kathy Gilbert, seconded by Shirley Dabney – approved 5-0.

Resolution – Authorizing the City of Stockbridge to execute Work Authorization
associated with Watershed Monitoring Plan Implementation and Stormwater MS4
Permit No. 1 Implementation and Stormwater Fee Billing – 2011.
Ray Gibson stated that Work Authorization no. 19 and 20 are in order for the City to
maintain its Permit with the EPD. In regards to Work Authorization no. 19, Arcadis
submitted a quote in the amount of $87,525. Falcon Design Group submitted a quote in
the amount of 69, 600. In regards to Work Authorization no. 20, Arcadis submitted a
quote in the amount of $55,510 and Falcon Design Group submitted a quote in the
amount of $38,500. Total Arcadis quote was $143,035 Total Falcon Design Group
quote was $108,100. Substantial difference in those quotes. They were reviewed in
great detail. This item is of high importance that this get started immediately to meet the
January deadline. Kathy Gilbert made a motion to award the contract to Falcon Design
Group, seconded by Harold Cochran. Approved 5-0.

Ordinance – Authorizing the City of Stockbridge to adopt a standard for Outdoor
Watering of Landscape; creating a new Article III to Chapter 8.16 entitled “Water
Conservation”.
Lindsay Hodgson stated that the state statute was amended and it further requires that
the local governments adopt this item quickly to conform to the new state statute. There
is an enforcement section where the City would need to assign someone as the contact
person. Mayor Stuart stated that Code Enforcement would be the designated authority
for this ordinance, and that the Code Enforcement Department could authorize other
departments as necessary to assist by using the PinPoint System for enforcement of
the ordinance. Motion to approve made by Fred Evans, seconded by Mark Alarcon –
approved 5-0.

Ordinance – To amend the 2010 Operating Budget of the City of Stockbridge.
Mark Alarcon stated that after many meetings, and advertised notices, there was a
question regarding the $100,000 for parks improvements and enhancements not
included in the 2010 Operating Budget. Nancy Brown stated that it was her
understanding that during a meeting that she had with Mark Alarcon, the $100,000 for
parks would go into the 2011 Operating Budget, and the 2010 amendments would
remain as they were. Mark Alarcon suggested that because the $100,000 for parks was
not included in the 2010 Operating Budget, that $200,000 for parks should be included
in the 2011 Operating Budget. Members agreed to accept the amended budget as is.
Ray Gibson suggested that the City move forward and start with the parks
enhancements and amend the 2011 Operating Budget as needed. Buddy Welch stated
that it would take a separate vote to change your SPLOST funds from one project to
another. Motion to adopt the amendments for the 2010 Operating Budget made by
Kathy Gilbert, seconded by Harold Cochran – approved 5-0.

Ordinance – Authorizing the City of Stockbridge to adopt the 2011 Annual Budget.
Nancy Brown stated that hearings were held, and the only changes that were made
since the November meeting concerning the 2011 Operating Budget was the six items
that have been proposed by the Mayor. Nancy Brown read off the following list of items,
and amounts of each line item:
· Community Gardens $ 50,000
· After School Program $100,000
· Economic Developer/Director $ 70,000
· Activity Director $ 30,000
· Brushy Creek Project $ 20,000
· Sidewalks $100,000
Kathy Gilbert made reference to the six items that had been presented by the Mayor the
for 2010 Operating Budget that total $370,000. She stated that the list did not include
details or plans for the proposed items, with the exception of the Community Gardens
presentation. She noted that there had been talk of sidewalks, and that the Economic
Developer position needed to be filled, at some point, and does not disagree that there
should be an Activity Director for the parks, however, the Council needs to look at how
the City will be organized going forward. The Council was provided information from the
ARC study that needs to be looked at before proceeding. Kathy Gilbert made a motion
to accept the 2011 Operating Budget, removing the Community Gardens, After School
Programs, Economic Development Director, Activity Director, and the Brushy Creek
Project for a total of $270,000. Leaving in the Sidewalks as long as that $100,000 will be
used for planning, and not just putting concrete on the ground, but instead a design
process going forward. Shirley Dabney stated that in the previous Work Session, these
items were discussed, and a plan for each was discussed, and that opportunity has not
presented yet. Mayor Stuart agreed and apologized for that. He stated that he has
been pushing for each of these programs every since they were presented to him by the
citizens. He stated that he asked the Council months ago to start working on these
items, and nothing has happened. He stated that it’s true that all of the details aren’t out.
He stated that as an example, $100,000 for the after school program, he has visited the
schools, and the after-school programs are available to elementary kids only, nothing is
available to middle school and high school kids. Police reports show that the City has a
gang problem. Mayor Stuart stated that true, all the details are not available, but let’s
put something there in the budget. Members of the community can assist on getting it
started. The City may not spend it; but put the money there, and we can develop
something going forward. Shirley Dabney stated that it is not that the Council doesn’t
want the items, but instead, there is not enough information at this point to go forward
with it. Kathy Gilbert stated that this was absolutely the case. Fred Evans stated that the
City is not currently effectively managing City property such as the fountain and garden,
along with other buildings right now, and that the City should not pay to staff new
projects such as the Community Gardens and other things, when there are other items
that should be addressed first. Mayor Stuart stated that it was his understanding that
there would be grants involved in the Community Gardens project. There could be
grants given for some of these programs, but we need to have something in the budget.
This request is being made to return services to the citizens. Volunteers could be used
to help with tutoring. Kathy Gilbert asked Attorney Buddy Welch to address the
precedent, if he was aware, of municipalities putting funds into after school programs.
Mr. Welch stated that he had done any research on that. He is aware that there are
companies that come in and provide that type of service. But, is unaware of what any
other cities are doing, but would be glad to research the issue. Georgia Municipal
Association should be able to give in depth reports and have the information and what
success they are having, if any. Kathy Gilbert asked Buddy Welch about other cities in
Henry County that were involved with the Community Gardens program. Mr. Welch
stated that he was not aware of any cities, but was aware that Henry County
participated in a Community Garden program at Heritage Park, and that it is his
understanding that they have a group of people that look after the garden. Mr. Welch
stated that there are other entities such as churches that grow food for the hungry.
Kathy Gilbert referenced Plant a Row for the Hungry as one of those groups. Mayor
Stuart noted City of Decatur was participating in the Community Gardens along with
other cities out there. Buddy Welch stated that is was his understanding from the
presentation made to Council for the Community Gardens that they wanted the City to
hire staff to manage the gardens on a part-time basis, provide the facilities, and build
the gardens and then allow citizens to come in and use them. Mr. Welch suggested that
the City get with Henry County and find out how they are running their Community
Gardens program, and find out about the cost, etc. Ray Gibson suggested talking more
about the Economic Developer position in the first quarter along with some of the other
information that was received from the ARC study. Mr. Welch stated that you could
amend the budget at that time, or you could put the funds in now and add conditions to
it. Mr. Alarcon stated that the funds for the parks are not there in the 2011 Operating
Budget are not there. But, to move forward, accept the budget as it, and get the
information that’s needed and sought to make that a motion. Kathy Gilbert noted that
there was already a motion on the floor and restated the budget. Kathy Gilbert wanted
to make it clear that she along with every member on the Council was not against any of
the items noted. But, that the Council needs to do this right. And needs to have a plan
and be able to work that plan, and not allocate monies without a plan. Motion seconded
by Fred Evans. Approved 4-1. Approved by: Cochran, Dabney, Evans, Gilbert. Opposed
– Alarcon.

Ordinance – Authorizing the City of Stockbridge to approve the adoption of the Urban
Redevelopment Agency 2011 Budget; authorizing the City to approve reimbursement
procedures for the Commissioners.
Mayor Stuart questioned if the City was handling the reimbursements to the board
properly by issuing a lump sum as opposed to reimbursing for actual expenses. Buddy
Welch stated that the previous Mayor and Council elected to give the URA board a lump
sum amount to cover all expenses, and if there were any additional expenses, it would
be at the board members expense. The method was voted on during a time when the
URA was at full force, and that is what was set by the Mayor and Council then. He
further stated that the document has been drawn to reimburse the board for actual
expenses based upon the I.R.S. setting for reimbursement of expenses especially for
travel; the other would be actual out-of-pocket expenses. Fred Evans made a motion to
approve, seconded by Harold Cochran; Mark Alarcon questioned the settlements and
agreements, the year began with no line items or monies, and was amended to
$50,000. Nancy Brown stated that this was the settlement amount of the Gramm
settlement. Mark Alarcon asked if there were any other outstanding settlements or
agreements. Buddy Welch stated that they only item(s) pending would be the removal
of the (2) buildings on the properties of which the Mayor and Council have agreed to get
someone to come in burn the buildings at appropriate time. Approved 5-0.

Terry Kight – Staff Recommendation Request for the education of all City personnel to
attend Labor Law/Discrimination training.
Terry Kight made a request to the Mayor and Council asking for support of the
education for all City personnel regarding labor law, discrimination, harassment, items
as such. Last Spring there was Sexual Harassment Training that not everyone could or
should have attended. She further stated that the training received in the past spring
was a failure because of the problems that continue at City Hall in particular comments
that were offensive and inappropriate. She stated that she looked into a company out of
Marietta that provides online training, and asked the Council to support receiving this
training within City government.

Motion to convene into Executive Session made by Kathy Gilbert, seconded by Shirley
Dabney, and approved 5-0.

Executive Session

• To discuss or deliberate upon 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 adjourn Executive Session and reconvene Regular Session made by Kathy
Gilbert, seconded by Shirley Dabney. Approved 5-0. Kathy Gilbert made a motion to
take disciplinary action against Code Enforcement Officer, Terry Kight, for
unprofessional conduct, and will notify by the Assistant City Manager, Ray Gibson.
The Council is taking this action in lieu of and in the absence of a City Manager,
Council must act.

Fred Evans asked if the motion was for one week. Kathy Gilbert stated, yes.
Seconded by Fred Evans. Mark Alarcon requested clarification of the dates of
suspension. as they will be presented in the document to Terry Kight. Ray Gibson
stated, tomorrow, Tuesday, Wednesday, return to work for Court on Thursday, out
Friday, Monday and Tuesday, and return to work on Wednesday of next week.
Approved 5-0.

Kathy Gilbert made a motion to authorize the Mayor to sign an Executive Session
affidavit regarding items discussed related to personnel matters and pending
litigation. Seconded by Fred Evans. Approved 5-0.

Public Comments
Citizens are allowed to voice city related concerns, opinions, etc., that are not listed on
the agenda, during this portion of the meeting. All persons wishing to speak for public
comment must sign in with the City Clerk prior to the beginning of the meeting. You
must sign your name, address, phone number, and specific topic you wish to speak
about or you will not be recognized. You will be able to address the Mayor and Council
for three (3) minutes.

Comments heard from Sabrina Smith with Louddmouth.com regarding networking with
the City for more exposure and to encourage tourism for the City. She was referred to
the next Community Relations Committee Meeting.

Comments heard on behalf of Mr. Danny Williams regarding a Nativity Scene being
placed at City Hall. He was referred to the next Community Relations Committee
Meeting.

Comments heard from Al Thomas regarding sidewalks along Railroad Street; especially
in lieu of the upcoming bridge project that will detour more traffic to that area.

Comments heard from Houston Nelson regarding the insurance plan and benefits for
the City of Stockbridge, and encouraged Council to revisit this item.

Comments heard from Wendell Strickland with ShawHankins to advise Council that
both United HealthCare and Coventry have reduced and will hold their rates through
February 2011, and also encouraged Council to revisit this item.

Announcement of Upcoming Meetings & Events
Regular City Council Meeting – Monday, January 10, 2011 6pm City Hall

DECEMBER 27, 2010 WORK SESSION CANCELED
Mayor Stuart wished everyone a Merry Christmas and Happy New Year on behalf of the
City. Motion to adjourn made by Harold Cochran, seconded by Shirley Dabney.
Approved 5-0.

Respectfully submitted by:

Vanessa Holiday, City Clerk Lee Stuart, Mayor
