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date: 2018-06-11
title: June 11, 2018 City Council Meeting Agenda Packet
source: 2018-06/2018-06-11_June 11, 2018 City Council Meeting_Agenda Packet.pdf
pages: 1
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City of Stockbridge
Bringing People
Together
STOCKBRIDGE CITY COUNCIL Council Meeting
Mayor
Agenda
Anthony Ford
June 11, 2018 6:00 PM
Mayor Pro Tem LaKeisha Gantt
Councilman Elton Alexander
Councilman John Blount
Councilwoman Neat Robinson
Councilman Alphonso Thomas

CITY MANAGER
Randy Knighton

CITY CLERK
Stockbridge City Hall
Vanessa Holiday
4640 N. Henry Blvd.
DEPUTY CLERK Stockbridge, GA 30281
Randi Rainey
Website: www.cityofstockbridge.com

CITY ATTORNEY Phone: 770­389­7900

Michael Williams Fax: 770­389­7912
AGENDA
COUNCIL MEETING
CITY OF STOCKBRIDGE
MONDAY, JUNE 11, 2018 6:00 PM

Mayor & City Council Administration
Mayor Anthony S. Ford Randy Knighton, City Mananger
Councilman Elton Alexander Vanessa Holiday, City Clerk
Councilman John Blount Randi Rainey, Deputy City Clerk
Councilwoman LaKeisha Gantt Michael Williams, City Attorney
Councilwoman Neat Robinson
Councilman Alphonso Thomas

CALL TO ORDER

ROLL CALL

INVOCATION

PLEDGE OF ALLEGIANCE

ADOPTION OF THE AGENDA

ADOPTION OF THE MINUTES
1 Draft Minutes of 4/10/2018
2 Draft Minutes of 4/11/2018
3 Draft Minutes of 4/24/2018
4 Draft Minutes of 5/14/2018

PUBLIC COMMENTS

CEREMONIAL
5 Proclamation­National Alzheimer's Disease Awareness Month
Page | 3

6 Proclamation presented to Ross Childress, Co­founding member of Collective
Soul of Stockbridge

OLD BUSINESS
7 Council Consideration to postpone the Western Parallel Agreement until
further notice
8 Council Consideration to approve Vehicle Usage Policy
9 Council Consideration to extend the City's Truck Maratorium

NEW BUSINESS
10 Council Consideration to amend Title 9, Section 9.12 of the Stockbridge
Municipal Code by hereby deleting and replacing Section 9.12 in its entirety,
as it pertains to the Solicitation Permit and Process
11 Council Consideration to amend Chapter 9.01 of the Stockbridge Municipal
Code by hereby amending and adding a new section 9.01.260 to provide for
Disabled Veterans engaging businesses, or practicing professions
12 Council Consideration to approve selection of the City's Health and Wellness
Insurance Policy ­ Staff recommendation Cigna Healthcare
13 Council Consideration to approve amend the City of Stockbridge Personnel Policy to reflecte Georgia State
Law House Bill 673 (HB673) – Hands Free Cell Phone Policy effective July 1, 2018.

14 Council Consideration to approve and ratify Architectural firm TSW for No. 08­
Project Assignment Agreement to construct the amiphitheater

CITY MANAGER'S COMMENTS (Randy Knighton)

CITY CLERK'S COMMENTS (Vanessa Holiday)

COMMENTS FROM THE CITY COUNCIL

MAYOR'S COMMENTS (Mayor Anthony Ford)

EXECUTIVE SESSION (Exemptions to the Georgia Open Meetings Acts)

ANNOUNCEMENTS OF UPCOMING MEETINGS & EVENTS

ADJOURNMENT

June 11, 2018 6:00 PM 4640 N. Henry Stockbridge, GA 30281 Phone: (770) 389­7900
STATE OF GEORGIA
COUNTY OF HENRY
CITY OF STOCKBRIDGE

RESOLUTION NO. _________

A RESOLUTION AUTHORIZING THE CITY MANAGER TO
POSTPONE INDEFINITELY ANY CONSIDERATION OF THE
WESTERN PARALLEL CONNECTOR AGREEMENT BETWEEN THE
CITY OF STOCKBRIDGE AND THE GEORGIA DEPARTMENT OF
TRANSPORTATION

WHEREAS, the City of Stockbridge (“City”) is a municipal corporation duly organized
and existing under the laws of the State of Georgia and is charged with being fiscally responsible
concerning the use and expenditure of all public funds;

WHEREAS, the Georgia Department of Transportation has submitted an agreement to
the City which, among other things, provides for the sharing of certain costs associated with the
construction of a certain right-of-way within the currently existing city limits of the City of
Stockbridge known as the Western Parallel Connector;

WHEREAS, two acts of the Georgia General Assembly could result in the removal of
that portion of the City where the Western Parallel Connector is located if approved by a
referendum of the voters;

WHEREAS, the City Council wishes to indefinitely delay further consideration of the
agreement presented by the Georgia Department of Transportation;

WHEREAS, the City Council specifically finds that this resolution promotes and protects
the safety, health, peace, security, good order, comfort, convenience, and general welfare or the
city and its inhabitants; and

WHEREAS, the Mayor and Council believe that this resolution is in the best interest of
the City and its citizens;

NOW THEREFORE, BE IT AND IT IS HEREBY RESOLVED as follows:

Section 1. Postponement of Consideration of Agreement – The
Mayor and Council of the City of Stockbridge hereby direct the City Manager to
indefinitely postpone any further consideration of the agreement pertaining to the
Western Parallel Connector until further action of the Mayor and Council.

Section 2. Documents – The City Clerk is authorized to execute,
attest to, and seal any documents which may be necessary to effectuate this
Resolution, subject to approval as to form by the City Attorney.
Section 3. Severability - To the extent any portion of this Resolution
is declared to be invalid, unenforceable, or non-binding, that shall not affect the
remaining portions of this Resolution.

Section 4. Repeal of Conflicting Provisions - All City resolutions
inconsistent with this Resolution are hereby repealed.

Section 5. Effective Date - This Resolution shall be effective
immediately upon the date of its adoption by the City Council and Mayor as
provided in the City Charter.

SO RESOLVED, this the _______________ day of _______________, 2018.

CITY OF STOCKBRIDGE, GEORGIA

ANTHONY S. FORD, MAYOR

ATTEST:

VANESSA HOLIDAY, CITY CLERK

APPROVED AS TO FORM:

MICHAEL WILLIAMS, CITY ATTORNEY

STATE OF GEORGIA

CITY OF STOCKBRIDGE

ORDINANCE NO. __________

ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF
STOCKBRIDGE, GEORGIA RELATING TO SOLICITATION AND DOOR
TO DOOR SALES SO AS TO PROVIDE FOR COMPREHENSIVE
REGULATION OF SUCH COMMERCIAL ACTIVITY; TO PROVIDE FOR
SEVERABILITY; TO REPEAL CONFLICTING ORDINANCES; TO
PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

WHEREAS, the governing authority of the City of Stockbridge is the Mayor and Council
thereof;

WHEREAS, the governing authority of the City of Stockbridge, Georgia desires to modify
the ordinance regulating solicitation and door to door sales within the City; and

WHEREAS, the health, safety, and welfare of the citizens of Stockbridge, Georgia, will
be positively impacted by the adoption of this Ordinance.

NOW THEREFORE, THE COUNCIL OF THE CITY OF STOCKBRIDGE HEREBY
ORDAINS:

THE COUNCIL OF THE CITY OF STOCKBRIDGE HEREBY ORDAINS:

SECTION 1. Title 9, Chapter 9.12 of the Stockbridge Municipal Code is hereby deleted in
its entirety and replaced with the following:

“9.12.010 Definitions; permit required.

(a) For the purposes of this article, "solicitation" shall mean the act of going door-
to- door or house-to-house in the residential areas of the city and engaging in
any type of selling, seeking donations, or any other business, occupation or
vocation which involves any attempt to obtain money, orders, donations,
subscriptions or the like; whether such activity be on a temporary or permanent
basis, and whether or not it be for any charitable, non-profit or profit-making
organization or enterprise.

(b) "Solicitor" shall mean any person engaging in solicitation.

(c) "Solicitation permit badge" shall mean a photographic identification badge to
be issued to authorized solicitors by the City.

(d) Any person engaged in or desiring to engage in any type of solicitation shall first
register with t h e Business Services Department by completing a personal
information questionnaire, submitting to a background check, and then obtaining
a solicitation badge in accordance with the procedure described in Section
9.12.090.

9.12.020 Announced purpose of call.

At each dwelling, whether it be an apartment unit or private residence, every solicitor shall
inform the occupant in unambiguous terms of the purpose of the call and shall not represent that
the solicitor is participating in any contest, game, or other competitive endeavor, or that he is
offering the occupant an opportunity to participate in any such contest, game, or competitive
endeavor.

9.12.030 Decorum required.

No solicitor shall use vulgar, insulting, or threatening language which by its very utterance
tends to incite the immediate breach of the peace in the course of any solicitation, nor shall he
remain upon the premises after the occupant of the premises has verbally indicated that he does
not wish to make a purchase or donation. For the purpose of this article, a solicitation
shall be deemed to continue until the solicitor has left the premises.

9.12.040 Posted property.

No solicitor shall enter a dwelling except at the express invitation of the occupant. No
solicitation shall be made at any dwelling or in any group of apartments where a conspicuous
"no Soliciting," "No Solicitation," "No Peddlers," or other similar sign is displayed at
or near the main entrance or driveway of the premises.

9.12.050 Prohibited acts.

It shall be a violation of this article:

(1) For any person, business, partnership, corporation, association, organization,
or a group of persons to engage in any solicitation without first obtaining a
permit or, if exempted pursuant to Section 9.12.070, a confirmation letter;

(2) For any person to violate any of the provisions of this article or to violate
any other city ordinance while engaging in any solicitation;

(3) For any person to violate any criminal law of this state or to violate any state
or federal consumer protection law while engaging in any solicitation. For
purposes of this section, “ consumer p r o t e c t i o n law” includes, b u t is not
limited to, the Georgia Fair Business Practices Act (O.C.G.A. § 10-1-390 et
seq.), the Georgia Home Solicitation Sales Act (O.C.G.A. § 10-1-1) (O.C.G.A.
§ 43-17-1) (dealing with professional fund raising), and the Federal Consumer
CreditProtection Act (truth-in-lending and truth-in-leasing);
(4) For any person to lend, rent, or sell his permit card to another;

(5) For any person to engage in any solicitation between the hours of 9:00p.m.
and 9:00a.m., according t o the standard time in effect at the time the violation
is alleged to have occurred;

(6) For any person to engage in any solicitation during a period in which his permit
is in suspension or after his permit has been revoked;

(7) For more than two (2) individuals to engage in solicitation upon any premises
at the same time for the same goods or services; each individual member of a
group engaged in solicitation in violation of this subsection shall be deemed to
have violated this subsection;

(8) For any person to make more than one (1) solicitation call at the same premises
for identical goods or services within any consecutive two-week period without
receiving a prior invitation therefor from the occupant of any such premises;
this provision shall be construed to include solicitation upon the same premises
by employees, agents, or representatives of any person more than once during
the aforesaid period without a prior invitation as provided in this subsection;

(9) For any person with a criminal record as described in Section 9.12.120,
whether or not otherwise eligible for an exemption under Section 9.12.070, to
engage in any solicitation;

(10) For any person, at the time of initial contact with a prospective customer, to fail to
verbally identify himself and the organization, company and product line he
represents for the purpose of the solicitation;

(11) For any person engaged in solicitation to misrepresent the purpose of his
solicitation or use any false or deceptive statement or misrepresentation to induce
a sale or contribution, or use any plan, scheme, or ruse which misrepresents the
status or purpose of the person madling the call; or

(12) For any person to solicit or attempt to solicit at a place of residence at any
entrance or part of the building other than the main entrance to the residence.

9.12.060 Penalty for violation of article.

Any person charged with a violation of this article shall be apprehended by the police
department or summoned to appear in the municipal court and, if found guilty, shall be punished
by a fine not to exceed one thousand dollars ($1,000.00) and/or imprisoned for a period not to
exceed sixty (60) days for each offense.
9.12.070 Exemptions.

(a) Persons, businesses and organizations engaging in religious, non-profit,
charitable or political activities not involving solicitation, or who are otherwise
exempted from local regulation by operation of state or federal law, or by the
Constitution of the United States, or of the state, are exempt from the
requirements of this article.

(b) Representatives or agents of charitable or non-profit organizations, or non-profit
corporations registered with the Secretary of State, or tax-exempt organizations
which have been recognized as such by the Internal Revenue Service of the U.S.
Treasury Department, which intend to engage in solicitation, shall be treated
as exempt from the provisions of Sections 9.12.010, 9.12.080, 9.12.090,
9.12.100, and 9.12.110, provided that the organization first supplies proof of the
recognized status to the Community Development Director and has received from
the city written confirmation of its exempt status. The organization shall furnish
each of its agents or representatives with a copy of the confirmation letter and
furnish the city with a list of such agents or representatives to include name,
date of birth, race, gender, and Social Security number. The organization shall
promptly notify the city of changes in the list.

(c) Any person who calls upon prospective customers at their prior invitation shall
be treated as exempt from the provisions of sections 9.12.010, 9.12.080,
9.12.090, 9.12.100, and 9.12.110.

9.12.080- Permit application.

(a) The Business Services Department shall prepare a questionnaire for the purpose
of obtaining pertinent information regarding the physical description, identity
and background of each applicant for a permit. The questionnaire shall include
the following:
(1) Name, local address, and telephone number;
(2) Date and place of birth;
(3) Driver's license number and issuing state;
(4) Social Security number;
(5) Race and gender;
(6) Height and weight;
(7) Eye color and hair color;
(8) Name, address and telephone number of the organization represented;
(9) Name and telephone number of immediate supervisor;
(10) Product or service; and
(11) A list of all criminal charges, convictions, and the disposition of
each charge, other than minor traffic violations.

(b) The questionnaire form shall also bear the following statement: "O.C.G.A.§ 16-
10-71 provides that a person who makes a lawful oath or affirmation or who
executes a document knowing that it purports to be an acknowledgment of a
lawful oath or affirmation commits the offense of false swearing when, in any
matter or thing other than a judicial proceeding, he knowingly and willfully
makes a false statement."

(c) The City shall review the application and cause to be performed a background
check on the applicant for the purpose of ascertaining whether the applicant has
pled to or has been convicted of a felony, or a misdemeanor involving violence or
moral turpitude. After ascertaining that the questionnaire has been properly
completed, the Community Development Director shall approve the application
subject to the payment of a permit fee as provided in Section 9.12.080.

9.12.090 -Fee; issuance.

Upon payment of the required permit fee (see schedule of fees) to the Business Services
Department, the applicant shall receive a copy of his permit approval if said application is
approved. The applicant shall then be photographed and provided with a solicitation permit
badge which shall bear the applicant's photograph, name, and organization and which shall
identify the applicant as a solicitor.

9.12.100 Permit expiration and reapplication.

(a) All permits expire sixty (60) days from the date of issuance.
(b) Each permit shall indicate thereon the expiration date.
(c) Any solicitor desiring to continue solicitation within the city after the expiration
of his permit must apply for a new permit pursuant to Sections 9.12.080 and
9.12.090 of this chapter.
9.12.110 Display of permit.

Each permit holder will be furnished a device suitable for attaching the solicitation permit badge
to the outer clothing of the permit holder. No solicitor shall engage in any solicitation
without wearing and displaying his solicitation permit badge in a conspicuous manner.

9.12.120 Denial or revocation.

(a) No solicitor's permit shall be issued to any person who has been found guilty of
any misdemeanor involving violence or moral turpitude any time within five (5)
years prior to the date of application; nor shall a permit be issued to any person
convicted of a felony, except that a permit may be issued to a convicted felon if it
appears that he either has been pardoned or that he has been free from any
legal restriction for a period of five (5) or more years prior to the date
of the application. For the purposes of this article, the terms "conviction" and
"found guilty" shall be deemed to include verdicts or pleas of guilty or nolo
contendere, except those that cannot be considered by law (such as first offender
acts), entered by a court of this state, a court of any sister state, or any federal
district court. Any permit issued as the result of willful false statements or
omissions in the solicitor's application for the permit shall be deemed null and
void from the time of its issue.

(b) The permit of any solicitor, who is convicted of a felony, or of a misdemeanor
involving moral turpitude or violence, shall be deemed revoked from the time of
the conviction. The permit of any solicitor convicted of having violated any
provision of this article after issuance of the permit shall be deemed revoked from
the time of the conviction.

(c) Any revocation occurring pursuant to the provisions of this article shall be
effective by operation of law, whether or not any formal notification to the
solicitor is given or received.

9.12.130 Surrender of permit.

(a) Any permit issued pursuant to the provisions of this article for the use of any
person is, and shall remain, the property of the city. Each permit holder shall
surrender his solicitation permit badge to the Community Development Director
no later than three (3) business days following the expiration or revocation of the
permit.

(b) Should any permit holder be arrested and charged with violating any law while
engaging in solicitation, either within the city or in any other jurisdiction, then the
city (or county as applicable) police chief or his designee shall be authorized
to demand the immediate surrender of such permit holder's solicitation permit
badge.

(c) Any permit holder who is forced to surrender his permit pursuant to subsection
(b) of this section shall be entitled to appeal such decision pursuant to Section
9.12.140.

9.12.140 Appeal upon denial, surrender or revocation.

(a) In any case in which it appears to the Community Development Director that the
solicitor's permit should not be issued to an applicant, the Community
Development Director shall so inform the applicant and, upon the applicant's
request, shall furnish the applicant with a reasonably detailed written statement of
the reasons why the permit will not be issued.

(b) If the Community Development Director refuses to authorize the issuance of a
permit, or in the event that a permit is surrendered pursuant to the provisions of
S e c t i o n 9.12.130, the applicant or permit holder shall have the right of review
thereof by appeal to the governing body.

(c) Such appeal shall be by written petition filed in the office of the City Clerk within
fifteen (15) days after notification of the action of the Community Development
Director.

(d) A hearing shall be conducted on each appeal within sixty (60) days of the date of
filing with the City Clerk.

(e) The decision of the governing body shall be final unless appealed within thirty
(30) days of the date of such decision by certiorari to the Superior Court of Henry
County.”

SECTION 2. Intention of the Governing Body. It is the intention of the governing body, and
it is hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of Ordinances, City of Stockbridge, Georgia, and the sections of the ordinance may be
renumbered to accomplish such intention.

SECTION 4. Approval of Execution. The Mayor is hereby authorized to sign all documents
necessary to effectuate this Ordinance.

SECTION 5. Attestation. The City Clerk is authorized to execute, attest to, and seal any
documents which may be necessary to effectuate this ordinance, subject to approval as to form
by the City Attorney.

SECTION 6. Codification and Severability.

(a) It is hereby declared to be the intention of the City Council that all sections, paragraphs,
sentences, clauses and phrases of this Ordinance are and were upon their enactment believed by
the City Council to be fully valid, enforceable and constitutional.

(b) It is hereby declared to be the intention of the City Council that to the greatest extent allowed
by law each and every section, paragraph, sentence, clause or phrase of this ordinance is
severable from every other section, paragraph, sentence, clause or phrase of this ordinance. It is
hereby further declared to be the intention of the City Council that to the greatest extent allowed
by law no section, paragraph, sentence, clause or phrase of this ordinance is mutually dependent
upon any other section, paragraph, sentence, clause or phrase of this ordinance.

(c) In the event that any section, paragraph, sentence, clause or phrase of this ordinance
shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise
unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the
express intent of the City Council that such invalidity, unconstitutionality or unenforceability
shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise
unenforceable any of the remaining sections, paragraphs, sentences, clauses, or phrases of
the ordinance and that to the greatest extent allowed by law all remaining Sections, paragraphs,
sentences, clauses, or phrases of the ordinance shall remain valid, constitutional, enforceable,
and of full force and effect.

SECTION 7. Repeal of Conflicting Provisions. Except as otherwise provided herein, all
ordinances or parts of ordinances in conflict with this ordinance are hereby repealed.
SECTION 8. Effective Date. This ordinance shall become effective immediately u p o n
its adoption b y the City Council a n d final approval as provided in Section 3.23 of the
City's Charter.

ORDAINED this _______ day of _______________________, 2018.

CITY OF STOCKBRIDGE, GEORGIA

Anthony S. Ford, Mayor

Vanessa Holiday, City Clerk

APPROVED AS TO FROM:

Michael Williams, City Attorney

Date Presented to Mayor:

Date Received from Mayor:
RESOLUTION

A RESOLUTION AUTHORIZING THE CITY ARCHITECT TO MOVE
FORWARD WITH THE AMPHITHEATER PROJECT; AUTHOR IZ IN G
THE C IT Y C LER K TO ATTEST SIGNATURES AND AFFIX THE
OFFICIAL SEAL OF THE CITY, AS NECESSARY; REPEALING
INCONSISTENT RESOLUTIONS; PROVIDING FOR AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.

WHEREAS, the City of Stockbridge ("City") is a municipal corporation located within
Henry County, Georgia duly organized and existing under the laws of the State of Georgia and is
charged with providing public services to residents located within the corporate limits of the
City; and

WHEREAS, the City finds it necessary and desirable to renew task the City Architect
with moving forward with the amphitheater project;

THEREFORE, IT IS NOW RESOLVED BY THE CITY COUNCIL OF THE CITY
OF STOCKBRIDGE, GEORGIA, AS FOLLOWS:

1. Approval of Execution. The City Council hereby approves and ratifies
Assignment Agreement No. 08 to construct the amphitheater.as presented to the
Mayor and Council on June 11, 2018. The Mayor or Mayor Pro Tem is hereby
authorized to execute said agreement with such changes as are recommended by the City
Attorney.

2. Documents. The City Clerk is authorized to execute, attest to, and seal any
documents which may be necessary to effectuate the amendment, subject to approval as to form
by the City Attorney.

3. Severability. To the extent any portion of this Resolution is declared to be
invalid, unenforceable or non-binding, that shall not affect the remaining portions of this
Resolution.

4. Repeal of Conflicting Provisions. All City resolutions are hereby repealed to the extent
they are inconsistent with this Resolution.

5. Effective Date. This Resolution shall be effective on the date of its approval by the City
Council and Mayor as provided in the City Charter.
SO BE IT RESOLVED this 11th day of June, 2018.

ANTHONY S. FORD, Mayor

ATTEST:

___________________________________ (SEAL)
VANESSA HOLIDAY, City Clerk

APPROVED AS TO FORM:

MICHAEL WILLIAMS, City Attorney
