---
date: 2014-09-22
title: September 22, 2014 Minutes
source: 2014-09/2014-09-22_September 22, 2014_Minutes.pdf
pages: 1
---

CITY COUNCIL
Minutes
City of Stockbridge
Special Called Meeting

Monday, September, 22, 2014
5:00 PM

Council Chambers, City Hall
4640 North Henry Boulevard
Stockbridge, GA 30281

MAYOR
Tim L. Thompson
CITY COUNCIL MEMBERS

Mayor Pro Tem Councilman
Alphonso Thomas Anthony Ford

Councilwoman Councilman
Lakeisha Gantt Richard Steinberg

Councilwoman
Robin Buschman

City Attorney City Clerk
Mike Williams Stephanie Tigner

· Achieve stability of leadership and government (elected officials and staff)

· Staff the government appropriately

· Update the Charter and commission an ordinance review

· Improve internal communications
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· Improve the economic development program including revitalizing the Downtown Development Authority

· Reinvigorate the use of proclamations and other recognition tools to connect with the community

· Generate a Capital Improvement Program

CALL TO ORDER
Mayor Tim L Thompson at 5:05pm. Mayor Thompson stated Councilwoman Gantt will be running late.

Attendee Name Title Status Arrived

Tim L. Thompson Mayor Present

Alphonso Thomas Mayor Pro Tem Present

Anthony Ford Councilman Present

Lakeisha Gantt Councilwoman Present 5:31 PM

Richard Steinberg Councilman Present

Robin Buschman Councilwoman Present

Invocation; Councilman Ford provided the invocation.
Pledge of Allegiance; was recited in unison.
Adopt Agenda; Councilman Ford made a motion to adopt the Special Called Meeting agenda; a second
was provided by Mayor Pro Tem Thomas; the motion passed 4-0.
FOR THE PURPOSE OF
Item #1 – Presented By:
Agenda Item -- To Discuss the SDS Agreement

Mayor Thompson introduced attorney Buddy Welch whom presented the SDS report.

Mr. Welch stated if the City fails to reach an agreement by the end of this year, the City could be
sanctioned by the Department of Community Affairs. The Mayor of Hampton was designated to be all of
the sister cities representative along with Buddy Welch and the chairman of the Board of Commissioners.
The chairman expressed and recommended leaving the agreements as is. Mr. Welch stated he has met
with staff regarding the agreements. Mr. Welch also stated he has been notified by the chairman some of
the commissioners are raising questions concerning some of the services being provided. Mr. Welch
stated what has been done in the past is to have a general agreement approved by Resolution
authorizing the Mayor and the City Clerk to sign the necessary SDS documents. Mr. Welch stated the
general agreement specifies what the definitions are, and who would provide the services, and there will
only be one Resolution signed opposed to 43. Mr. Welch walked Mayor and Council through the SDS
Agreements and explained who was responsible for what.

Mr. Welch stated the first document is:

Administration; Mr. Welch stated in the past there have been discussions concerning having the County
administration divided up among the different departments. Mr. Welch stated that matter was resolved at
the last SDS Agreements, where by it was agreed that Henry County would continue to provide
administrative services for the County, and would be paid for by the General fund. The Cities would

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provide their administration, and that would be paid for through Municipal Funds.

Annexation; Mr. Welch stated Annexation was an issue several years ago in the County. An agreement
was reached concerning annexation and how annexation disputes would be resolved. Mr. Welch stated
there was a liberal agreement reached which states if the unit expanded or increased per acre, there
could be objections filed by the City to what the County is doing.

Building Permits, Building Inspection and Impact Fees; Mr. Welch stated presently Henry County is
providing the building permit and inspections and has the ability to collect impact fees from Hampton and
Stockbridge, and the unincorporated area of the County. Locust Grove and McDonough provide their own
services. Mr. Welch informed Council since McDonough and Locust Grove provides their own services,
they are entitled to a mileage resumption by way of formula. The formula has been in existence for over
20 years. Mr. Welch explained how the formula works. The County determines what the Expenditures
are, what Ad Velour taxes are needed, they have to reduce cost by all fees, fines and assessments
collected by the County in providing the service and the balance is levied by way of a property mileage
rate to cover that one specific service. If you provide the service you will receive a roll back.

City Manager, Michael Harris stated this is one of the items recently talked about with wanting to amend
with letting the City have the final say. Mr. Welch stated you can either opt in or out in the main
agreement. If you opt in, the County will provide the service. If you opt out, you are saying you’re going to
provide the service. Mr. Welch stated there is a notice period that has to be given in December and
become effective July 1 of the following year. The reasoning is because the County is on a fiscal year
budget.

Mayor Thompson wanted clarification. Mr. Harris stated they have a set of plans and would have to come
back to the city for final approval. Mr. Welch stated the real question is who would get the permitting
money, and the county would receive the money. Once the County has reviewed the plans, they have to
send them to the City for the final review.

Councilman Steinberg stated last year the former administration made a change on December 13, 2013
to have the services in-house. The wishes of the new administration wants to change this and inquired if
they would have to appeal something that was done before. Mr. Welch replied if you sign the agreement it
will repeal all previous agreements and notes.

Councilman Ford wanted to make sure he understood whether if the City opt in or opt out, this could be
done at any time of the year. Mr. Welch responded once the City decided to opt out, you would have to
wait until the term is over, which is a 10 year period.

Councilman Steinberg asked if the vote taken last year by the previous administration was an illegal vote.
Mr. welch responded he would have to know all the fact to determine that, and deferred to the City
Attorney to give his opinion. Mr. Welch stated if this administration signs the agreement, then they would
have to abide by this agreement, and not what the past administration signed.

Mayor Pro Tem Thomas asked if modifications are the appropriate term to use. Mr. Welch replied this
would be added to the provisions, under exhibit A.

Building and Grounds Maintenance; Mr. Welch stated the County would maintain their buildings and
grounds and the City would maintain their own. There are intergovernmental agreements dealing with
several buildings in which the county would have to maintain.

Cemetery; Mr. Welch stated if the County decided to get into the cemetery business on a larger scale,
they would have to maintain the pauper’s graves. Private cemeteries are not maintained by the County;
and Municipal cemeteries are maintained by the City. Mr. Welch stated if the County decided to put in a
cemetery for the private purpose of making money, then the City would be entitled to receive a roll back.
The City would not be taxed for that service, but would have to pay a tax for the maintaining of the
pauper’s graves.

City Prisoners; Mr. Welch stated under the City Prisoners provision, if a person is charge on a state
violation and the municipal court sentences that person who has served time, the City pays no per diem
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for that. However, if they are charged on a City Ordinance violation, the City would have to pay
$37.58/day plus medical expenses. Mr. Welch stated the figure negotiated in 2009 had no desire by any
of the Cities to change it. Mr. Welch informed Council it is important to let the judicial staff knows that
Henry County Police Officers are issuing citations based upon the State violation, and not a municipal
violation.

Councilman Ford inquired about exhibit K and the formula he was referring to. Mr. Welch corrected him
and said that should say exhibit A, not K.

City Prisoner Transport; Mr. Welch stated all of the other Cities have police who provides their own
transportation to and from the court and from the jail. Mr. Welch stated the City has an agreement that
states starting January 1, 2017, the City will purchase a 15 passenger van owned by the sheriff
department. The City purchased a van from the County in 2009, with the exception that a vehicle would
be available to transport prisoners from the jail to the municipal court and back.

Code Enforcement; Mr. Welch stated all cities are providing for code enforcement within their city limit
and the citizens receive a rollback.

Comprehensive Plan; Mr. Welch stated Henry County provides the Comprehensive Plan that was
adopted 7/29/2009, and will be using the same formula still in place.
Councilman Steinberg stated for the record last year Council made a vote to change the Comprehensive
Plan to bring it back in-house. Councilman Steinberg then asked if the present document will go back to
the County. Mr. Welch responded that it would go back to the County.

Councilman Ford asked for clarification on the Comprehensive Plan page b2; and inquired about the
propose city limits? Mr. Welch clarified at one time there was proposal to square up the city, with certain
areas being de-annexed ,and by legislature creating the new city boundaries, but did not go forward.

Councilman Ford asked the City Manager, Michael Harris if there were any files on file. Mr. Harris replied
he suspects there was one drafted in 2009 to go along as the exhibit. Mr. Welch stated once they locate
it, they will update Councilman Ford with an update. Mr. Welch tried to explain to Councilman Ford the
City limits. The City limits would start at the intersection of Hwy 42 and 138 on the east side; and then it
goes down Hwy 42 to Flippen/Jodeco Rd; double cross Flippen/Jodeco Rd, and go to the clayton county
line and back around to Stagecoach Rd.; down StagecoachRrd. to old Conyers, and then to the river and
would followed the river to 138 to due north to the river. Mr. Welch stated everything east of 42 would be
de-annexed., everything south of Jodeco all the way to Clayton County would also be de-annexed.

Councilman Steinberg stated there was also an issue of parcel of lands within the city limits that are
islands, and asked Mr. Welch if he was familiar with that. Mr. Welch responded to his knowledge, he
knows at one time there was not an island for a number of years. Councilman Steinberg stated last year,
the previous administration discussed the two island at Windsong and near the hospital and wanted to
know how that fell into this component. Mr. welch replied they would have been a part of the city of
Stockbridge hospital and Windsong.

Councilman Steinberg requested to have Mr. Harris to check to see if the island component near
Windsong community and around henry county hospital in fact exist. Mr. Welch stated his recollection is
they are not island due to being connected to Hudson Bridge one way or another.

Councilman Steinberg stated for the record not advocating, but this was a discussion last year and
brought to Council to vote, and all he would like to know is what is correct.

Mayor Pro Tem Thomas asked for clarification on the definition of an island. Mayor Pro Tem Thomas
asked if it was true an unincorporated area touching or connecting to property already located in the City
is not deemed as an island. Mr. Welch replied it is more complicated; and then stated if you are
surrounding an area by annexation that does not have public access, then that would be considered an
island. Mr. Welch stated at one time. Cities were given an opportunity to annex the islands by
Resolutions.

Councilman Ford inquired about the Comprehensive Plan annual updates. Mr. Harris stated the City does
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annual updates every year, which is due by October 31 the update is due next year; the Comprehensive
Plan annual is not due to the DCA until sometime next year. The 10 year update is due in 2019 or 2020.

Coroner; Mr. Welch stated this is an elected position which is paid by County funds.

Courts; Mr. Welch stated the City pays for defense and municipal court service. The County pays out of
the General Fund for County and State courts.

Court Security; Mr. Welch stated the County provides for the County court services, and the City
provides through the Police Department or Sheriff’s Office.

Detention; Mr. Welch stated the County provides; and all Ordinances’ should be consistent with the
county’s animal control Ordinance.

Councilwoman Buschman informed Mayor and Council the prior administration did that last year to mirror
the county.

Councilman Steinberg stated it was, but also wanted to double check to make sure the City Ordinance is
in compliance with the County’s animal control Ordinance.

Detention Facilities; Mr. Welch stated they are paid for by Henry County through the General Funds.

Development Authority; Mr. Welch stated this is a County wide service which is paid for through the
General Fund. The City has the right to set up their on development authority, by way of using the City’s
General Funds.

Councilman Steinberg stated on the agreement, it is marked one or more Cities would provide the service
and asked if someone currently providing the services. Mr. Welch replied some City’s use their Downtown
Development Authority as a Development Authority, and if they do, the City would then provide the
service.

Councilman Steinberg asked about a rebate that falls under the formula in exhibit b. Mr. Welch informed
Councilman Steinberg that was an error.

Development Plan Review; Mr. Welch stated this was split out in 2009-2010 and as presently drawn the
County will provide development plan for unincorporated Henry County and Stockbridge.

Elections; Mr. Welch stated the County will hold county elections, and the City will pay for municipal
elections and voter registrations.

Electricity; Mr. Welch stated Hampton is the only city that provides electricity.

EMS Service; Mr. Welch stated based on fees collected on phone bills and it is self-sufficient.

Emergency Management- Mr. Welch stated the County handles emergency management and is paid
through the Henry County General Fund.

EMS Services; Mr. Welch stated the County provides the service and is paid for through the General
Fund.

Councilman Steinberg inquired if the citizens were directly billed for transportation to the hospital.

Councilman Steinberg stated he was a bit confused as to what the County pays for. Mr. Welch replied the
County is the only legal entity existing under State law that is authorized to provide EMS Services. Mr.
Welch stated to get EMS Services, the legislature will review this year to allow Cities to provide the
service; however, the Cities would have to get a designated service area through a State Commission.
Mr. Welch explained the formula.

Fire Protection; Mr. Welch stated the County provides protection county wide. Mr. Welch stated there is
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a new municipal aid in McDonough contract that provides its own service. Mr. Welch stated McDonough
will continue to receive a roll back on their taxes.

Councilman Steinberg asked for clarification and asked if all the cities would pay an increase rate due to
McDonough having their own service. Mr. Welch explained the City of McDonough is paying for their own
fire service and will be entitled to a roll back on their cost, which is no greater cost to the unincorporated
tax payer in the City of Stockbridge.

GIS and Mapping; Mr. Welch stated the County will provide in unincorporated areas. The Cities of
Hampton, Locust Grove, McDonough and Stockbridge will be entitled to a roll back.

Housing Authority; Mr. Welch stated the City of Stockbridge does not maintain one, Hampton and
McDonough does and will pay for their services.

Investigation of Public Officers; Mr. Welch stated this will be investigated by the GBI and not by Henry
County.

Library Services; Mr. Welch stated this is all with Henry County.

Park Construction and Maintenance; Mr. Welch stated this is being funded by the General Fund and
SPLOST funds along with contribution made by the cities on how the parks will be paid for and split out.

Planning and Zoning- Mr. Welch stated Henry County provides for Stockbridge and Hampton and
McDonough and Locust Grove will provide their own and will receive a roll back.

Police services- Mr. Welch stated Henry County provides in unincorporated and the city of Stockbridge.
Included is an agreement that stated the county will provide 2 additional police officers. Mr. Welch stated
the City agreed to pay 500k per year, and will be paid in quarterly payments. Mr. Welch explained the
called areas and stated about 22% of the calls are from the City of Stockbridge. 12M budget 25% of the
calls then you would pay 4M for the service. Mr. Welch also stated property tax would have to be
considered as well.

Councilman Steinberg spoke on the commissioner speaking on increased rates, and asked what the
commissioner’s concept was? Mr. Welch stated they brought this up with Chief Nichols, who expressed
that he was unaware of the 2 additional officer and why the City would have to pay the additional 500K.
Mr. Welch replied the City is paying for two full time police officers to maintain in the City of Stockbridge at
all times, with the understanding of being on a rotating basis.
Mayor Thompson addressed the presentation made by Chief Nichols.

Councilman Ford asked Mr. Welch what where his recommendations. Mr. Welch replied he thinks the City
should keep it the same.

Prisoner Detail; Mr. Welch stated this is paid for through the General Funds.

Purchase of Fleet- Mr. Welch stated all cities pay for their own equipment and is paid through the
general fund. Mr. Welch also stated the city has option to purchase fleet through the County.

Roads, Street and Maintenance; Mr. Welch stated the city maintains the streets and County maintains
the roads, and certain county road that exists in the City, and recommends that Council keeps it the
same.

Councilman Ford asked about the transportation plan approved by the transportation authority.

Councilman Steinberg asked for clarification under exhibits b, and wanted to know if the County would
maintain the roads that says the City of Stockbridge.

Mr. Welch stated it is the County’s responsibility to maintain within the City limits and the City would be
responsible for maintaining outside of the City limits.

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Senior Citizens Center; Mr. Welch stated this is the County’s responsibility.

Councilman Steinberg stated the City previously looked at the facility to use for senior citizens
involvement, and asked if it would allow for a rebate? Mr. Welch replied it is set up that the county will
handle that. Mr. Welch stated if the City would like to establish a center, the City would need to give
notification followed by an adjustment for ad valorem taxes.

Senior Citizens Transportation; Mr. Welch stated the County will provide those services.

Soil Erosion; Mr. Welch stated the County will provide for unincorporated area and for the City of
Stockbridge. The other cities will provide for themselves, and will receive a roll back.

Solid Waste Garbage Collection and Yard Waste Collection, Residential Recycling; Mr. Welch
stated the City provides the service by way of contracts.
Councilman Steinberg stated previously the council discussed a potential RFQ for recyclables, and wants
to make sure the City could still look at that in-house.

Stormwater Management; Mr. Welch stated all cities are providing the service through the
unincorporated areas, and being funded by fees and Enterprise Funds.

Vehicle and Equipment Maintenance and Repairs; Mr. Welch stated everyone is responsible for their
own equipment and maintenance.

Water and Sewerage Services; Mr. Welch stated the City has an approved agreement with the Water
Authority, along with the approval of service areas.

Councilman Steinberg thanked Mr. Welch for explaining the SDS Agreements. Councilman Steinberg
wanted to make sure he was clear on a few items the County would like to address; and asked for Mr.
Welch to refresh him on the things they wanted to look at more. Mr. Welch responded he believes the
County would just like to address police services.

Mayor Pro Tem Thomas also thanked Mr. Welch and agrees with moving forward.

Mayor Thompson and Councilman Ford thanked Mr. Welch for his attendance.

Item #2 – Presented By: City Attorney, Mike Williams
Agenda Item -- Executive Session- Legal and Personnel Matters

Councilwoman Gantt made a motion to adjourn into Executive Session at 6:35pm; a second was provided
by Councilman Ford; the motion passed 3-0-2.

Councilman Steinberg opposed entering into Executive Session to receive the report from the
investigators and read a prepared stated. “I opposed the executive session for the council to receive a
report from the investigator. As I previously said to the investigator, what she was told by someone either
on the council or from the city attorney about the scope of her inquiry was different from that which council
approved. Therefore, there has been a waste of city funds on an unlawful investigation. More importantly,
receiving the result of this inquiry in executive session is against the law. There is no pending litigation
about the investigation, there is no threatening litigation about the investigation and it does not concern the
status of an appointed official of the city. In short, in my judgment, the investigation and the investigative
report does not fit within any of the exceptions of the open meetings act allowed for by executive session.
When council authorized the investigation of the Lee Stuart investigation, it was authorized by written
resolution of the council which left no doubt for what was to be investigated. Similarly when the report was
to be delivered by the investigator it was taken in open session for the public to hear. If there are
allegations of misconduct should be made publically and not subject to further leaks or spins without the full
report being made public and therefore, I oppose the executive session.”

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Councilwoman Buschman opposed entering into Executive Session due to not having transparency with
Executive Session A-I.

Mayor Pro Tem Thomas made a motion to adjourn Executive Session at 8:08pm; a second was provided
by Councilman Ford; the motion passed 5-0.

Councilman Steinberg made a motion to reconvene back into the Special Called Meeting; a second was
provided by Councilman Ford; the motion passed 5-0.

Councilwoman Gantt made a motion to have the law firm of Wilson, Morton & Downs to file a charge
pursuant to Section 2.17 of the charter against Councilman Steinberg; and a hearing to be scheduled
within a specified period of time; a second was provided by Councilman Ford; the motion passed 3-0-2.

Councilwoman Gantt made a motion to adjourn the Special Called Meeting; a second was provided by
Councilman Ford.

Councilwoman Gantt rescinded her motion to adjourn the Special Called Meeting.

Councilwoman Gantt made a motion to allow council members Steinberg and Buschman to show the
documents received at tonight’s meeting to their attorneys.

ADJOURNMENT
Councilwoman Gantt made a motion to adjourn the Special called Meeting at 8:10pm; a second was
provided by Councilman Ford; the motion passed 5-0.

Stephanie Tigner, City Clerk Tim L. Thompson, Mayor

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