---
date: 2011-04-18
title: April 18, 2011 Minutes
source: 2011-04/2011-04-18_April 18, 2011_Minutes.pdf
pages: 1
---

April 18, 2011

CITY OF STOCKBRIDGE
SUMMARY OF MINUTES

SPECIAL COUNCIL MEETING

April 18, 2011 9:00 A.M.

A Special Meeting of the Stockbridge City Council was held on April 18, 2011 at 9:00 A. M. Mayor
Lee Stuart presided and Council members present were Mark Alarcon, Harold Cochran, Shirley
Dabney, Kathy Gilbert and Fred Evans arrived at approximately 9:10 aim and immediately joined the
Council in Executive Session.

Motion to Convene made by Councilwoman Gilbert, seconded by Councilwoman Dabney.
Councilman Evans was not present for the vote. Passed Unanimously 4-0. I
The Invocation was by Councilman Alarcon.
Pledge of Allegiance

Mayor Stuart made the announcement of the Special Meeting of the City Council of the City of
Stockbridge, Georgia being held at 9:00 A. M. on Monday, April 18, 2011 at the Stockbridge City
Hall located at 4640 North Henry Boulevard, Stockbridge, Georgia to be held in Executive Session
for the purpose of:
To discuss or deliberate upon the appointment, employment, compensation, hiring,
disciplinary action or dismissal, or periodic evaluation or rating of ? public officer or
employee; O.C.G.A. §50-14-3 (6)

City Attorney Welch added that the Executive Session would also include:

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 wrjiich the officer or employee may be directly
involved; O.C.G.A. §50-14-1 and O.C.G.A. §50-18-72 (e).

Councilwoman Gilbert made a motion to amend the Agenda to include Pending Litigation and to
convene to Executive Session. Seconded by Councilwoman Dabney. Councilman Evans was not
present for the vote. Passed Unanimously 4-0.

Councilman Fred Evans arrived at 9:10am and joined the Council in Executive Session.
Motion to reconvene Regular Session made by Councilwoman Gilbert and seconded by
Councilwoman Dabney.

Councilman Alarcon made a motion for Mayor Pro Tem Gilbert to sign an affidavit for Executive
Session discussion of Pending Litigation. Seconded by Councilman Evans. Passed Unanimously.

Councilwoman Gilbert made a motion to adopt the Ordinance as presented to amend Chapter 2.12
of the City's Code of Ordinances to provide for codification, to provide for severability, repeal
conflicting ordinances and to provide for an effective date and for other purposes. Seconded by
Councilman Evans.
is the Ordinance
to his office
:hanged ordinance

City Attorney Welch stated that the Ordinance being voted on by the Council that is in the book,
and not the Ordinance with changes that had been submitted and commanded by Mayor Stuart to
change. However, a copy of the Mayor's was presented to all council members in executive
session.

was not changed. a motion and a

Mayor Stuart asked City Attorney Welch why the Ordinance being voted on Councilwoman Gilbert
called for a Point of Order and stated that there was second on the floor and asked the Mayor to call
for a vote.

he was Mayor and

Mayor Stuart stated to Councilwoman Gilbert that she was Mayor Pro Tern,
that he had not recognized her to speak and that he was speaking to Mr. Welcn.

Attorney Welch advised the Mayor that the Ordinance in which the Council was voting on was in full
compliance.

the item is now up copies at the

Councilwoman Gilbert stated there was a second and Mayor Stuart stated that for discussion.
Attorney Welch stated that the Council had received the chafiged Mayor's request as he was
ordered to do by the Mayor.

Mayor Stuart stated that the ordinance that he submitted has removed whereas sections of the
ordinance do not need to be there as suggested by his personal counsel. Alio, he suggest that two
items in section 2 be deleted and asked that those being removed to be in compliance of the
agreement. Mayor Stuart stated that he is all for hiring a City Administrator, however, he wants to
abide by the agreement that was signed. Mayor Stuart stated that this Ordinance does not meet the
standards of what was agreed to and he is for keeping his word. He further stated that he is opposed
to the Ordinance submitted to the Council for approval and not the one presented by the City
Attorney.

Attorney Welch asked the Mayor to identify the Whereas Sections that were untrue in the Ordinance
that has been presented to Council to vote on. Mayor Stuart stated that the first four Whereas
Sections are basically Admin Stuff and does not need to be in there. Attorney Welch asked Mayor
Stuart to state the Whereas Sections that are untrue. The Mayor's attorney, Greg Hecht advised the
Mayor that he did not have to respond to Attorney Welch's request. Attorney Welch stated that he
was the City's Attorney, and therefore, as Counsel for tne City, he has the right to ask that if the
Council has an Ordinance to be considered by the Mayor and Council, and that any part of the
Ordinance is untrue, that he be advised in order to make the corrections.
Mr. Hecht advised Mayor Stuart not to respond. Mayor Stuart stated that he was going to recognize
his personal counsel and refused to answer, and he asked his personal attorney, Greg Hecht to come
to the podium to speak. Attorney Welch advised Mayor Stuart that he did not have the right to call
anyone to speak. The Mayor stated that he was speaking. Attorney Welch stated that there was a
point of order. There was a motion on the floor and |a second, and that the only way that anyone
could speak is it would have to come from the Council. Mayor Stuart thanked Attorney Welch for his
counsel, but it is his ruling and stated that he needed to seek legal counsel and was going to allow
his attorney, Greg Hecht to address the Council. Councilwoman Gilbert made an appeal to the
Council for a point of order and to call for a vote. Mayor Stuart stated that Councilwoman Gilbert was
out of order. Councilwcman Gilbert stated that she was not out of order and asked for a vote from
the Council for po|nt of order. Mayor Stuart replied no, and stated that Councilwoman Gilbert was out
of order and that if she continued, he would ask the officer to remove her. He then asked his attorney,
Greg Hecht to speak. Attorney Welch announced to the Mayor and Council that under the City's
Charter, the charter and code provides that a ruling by the Mayor can be challenged and voted upon.
Councilwoman Gilbert thanked Attorney Welch for his statement. Mayor Stuart asked Attorney Welch
to have a seat, as he had not been recognized, and that he would recognize him in time, and to not
be adversarial. Mayor Stuart responded that he had not recognized Councilwoman Gilbert.
Councilwoman Gilbert stated that the Mayor did not have to recognize her, that she was appealing to
the Council to be recognized. Councilwoman Dabney made a second. Mayor Stuart stated that you
are not recognized by the presiding officer, and then you have not been recognized. The Mayor asked
his counsel, Mr. Hecht to speak.

Mr. Hecht stated "the Ordinance that the Mayor has given you abides by the agreement that ya'll
presented. It says, exact wording: ya'll have put in surpluses that does not abide it. It does not abide
by it. You kicked the mayor out of Executive Session. And when I approached your Counsel about
talking to him about it, he refused to talk to me as he did just now right here in the Council. The
Ordinance before you is non-compliant. The Ordinance that the Mayor has given you is compliant. If
you adopt it, you will be in breach."

Attorney Welch stated that it is their recommendation that the Council adopt the Ordinance as
presented.

There was no further discussion. Motion passed 4-0-1. Gilbert, Dabney, Cochran and Evans voted
for. Councilman Alarcon abstained from voting.
City Attorney Welch advised that the existing Ordinance that was just adopted must be signed by the
Mayor before the Council can proceed with the Resolution to hire a City Administrator. Mayor Stuart
stated that he had ten days to sign the Ordinance.

The Mayor called for a motion to adjourn. Councilwoman Gilbert asked Mayor Stuart if he was
refusing to sign an Ordinance that had just been approved by the Council. Mayor Stuart responded
not to put words in his mouth, and that he had ten days to sign the Ordinance. Councilwoman Gilbert
made a motion to adjourn. Seconded by Councilwoman Dabney. Passed unanimously.

Vanessa Holiday, City Clerk Lee Stuart, Mayor

Respectfully submitted by:
