---
date: 2015-09-14
title: September 14, 2015 Minutes
source: 2015-09/2015-09-14_September 14, 2015_Minutes.pdf
pages: 1
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Page ll

APPROVED MINUTES
COUNCIL MEETING
CITY OF STOCKBRIDGE

MONDAY, SEPTEMBER 14, 2015 6:00 PM

Mayor & City Council Administration
'l'im L. Thompson, Mayor Michael Harris, City Manager

Alphonso Thomas, Councilman Vanessa Holiday, City Clerk
Robin Buschman, Councilwoman Randi Rainey, Deputy City Clerk

Anthonys. Ford, Councilman Michael Williams, City Attorney
LaKeisha Gantt, Councilwoman

Regina Lewis \Nard, Councilwoman

The Council meeting was called to order by Mayor Tim L. Thompson at 6:00PM. City Clerk,
Vanessa Holiday was asked to proceed with a verbal roll call. All members of Council were present
and a quorum was confirmed. Councilman stated for the record Councilwoman Gantt will be
absent.

invocation was provided by Mayor Thompson.

Pledge of Allegiance was recited by all in attendance.

Mayor Thompson recognized former Councilmember Kathy Gilbert and former Mayor Lee Stuart in
attendance.

Councilwoman Gantt motioned to amend the Agenda to include item #9 Council Discussion of the
Charter update and Item #10 LMlG Paving project update; second by Councilman Ford. The motion
passed 5-0.

Mayor Thompson inquired as to when the Council received the Charter update book and was
informed by Councilwoman Gantt that books were received this week and Council wanted to open
up the discussion.

Mayor Thompson stated the reason he removed the Charter update from the Agenda was because
historically, council meetings have been voting meetings and discussions are held at Work Session
meetings, and his personally opinion is that the Charter update should be moved to the Work
Session, however, that's Council's prerogative.

Councilwoman Gantt stated that Council has actually had discussion items on the Agenda in the
past outside of Work Session meetings and considers the Charter amendment to be a very
important item. Councilwoman Gantt further stated that she has brought the Charter amendment
item up for discussion at the June 9, 2014 council meeting and distributed to the Council a copy of
the GMA Model Charter; and noted that the City's Charter has not been amended since 1991 and
stated the discussion needs to start.

September 14, 2015 6:00pm 4640 N. Henry Blvd. Stockbridge, GA 30281 Phone: (770) 389-7900
Mayor Thompson stated he did receive the Charter document on Friday morning and noted that he
had a call in to the City Attorney and has yet to return his phone call. Mayor Thompson expressed
he finds it astonishing the Mayor would have a completely new Charter, the eve of the meeting and
expects a discussion. Mayor Thompson informed the audience that the proposed Charter book is
shift in their form of Government; the document as written will take powers away from the
180
taxpayers. Mayor Thompson stated he has not received one phone call suggesting to create a
brand new Charter. Mr. Thompson agrees the Charter should be tweaked, but not a brand new
Charter. Mayor Thompson expressed he has received calls about street paving, sanitation, sewer,
parking in the street, etc.; but has yet to receive a call from any citizens in reference to revising the
Charter.

Mayor Thompson further stated that as the CEO of the City, he finds it interesting that he has yet to
have any discussions with the City Attorney or anyone in Management with the City on the proposed
Charter. Mayor Thompson stated he thinks this would be better dealt with in a public forum such as
a town hall meeting, if that's the desire of this Council and prefers that format for the Body, especially

if its going to take power away from the citizens.

Councilwoman Gantt stated the proposed Charter will not take away any powers from the citizens
at all, and if fact this is just for discussion. Councilwoman Gantt expressed there were more people
in attendance tonight that has attended a meeting all year, and what better time to discuss the

Charter. Councilwoman Gantt stated that the Charter has been talked about for two years, and

during the debate when she ran for office, was stated that the current Charter is one of the main
it
reason the City continues to end up in litigation.

Councilwoman Gantt further stated that she would ask Council if they would agree to a town hall
meeting;and mentioned the proposed form of government that Mayor Thompson is discussing is a
City Manager/Council form of government to include the Mayor and the City has been acting in this
capacity for years and we would like the Charter to reflect the current operations of the City.

Councilwoman Gantt noted that with changes to the Charter, there will be some improvements and
likewise there may be some disagreements, but the discussion needs to start.

Councilwoman Gantt noted that she understands the Mayor has removed the Charter Update
discussion item from the Agenda; however, she has reviewed the Charter and the City’s ordinances
and cannot ﬁnd where anyone has the authority to remove items from the Agenda, and that’s exactly
what the Mayor did.

Councilwoman Gantt further noted that the Charter states it is the City Council's meeting and
anyone on Council should be able to place items on the Agenda. Councilwoman Gantt also
mentioned she just does not know if anyone can remove items from the Agenda, and recommends
that Council put a protocol together as soon as possible.

Councilwoman Gantt continued by stating the intent of placing the Charter Amendment item was
only up for discussion tonight, as it is outdated.

Mayor Thompson stated for the public that he is in full cooperation with having the discussion;
however, it has been the practice over the years that the Mayor sets the Agenda, and asked the
City Attorney to offer his opinion.

if
City Attorney, Mike Williams stated that offered an opinion on this matter earlier today; however,
Council is alright with him revealing the opinion publically, he would be happy to oblige.

4640 N. Henry Blvd. Stockbridge, GA 30281 Phone: (77 0) 389-7900
September 14, 2015 6:00pm
Mayor Thompson asked Council if they are in consensus with Mr. Williams releasing the opinion,
and all the members of Council agreed.

Mr. Williams stated “the opinion that he gave this afternoon stated that under the current Charter,
the Mayor has the duty and responsibility to prepare the Agenda and that once the Agenda is
prepared, it is the Councils privilege to amend the Agenda as it sees fit".

Councilman Thomas stated the City Attorney made a point when he stated the Council has the
authority to set policies and procedures on how meetings are conducted. Councilman Thomas also
noted there have been instances where items have become before Council at the voting session
meetings where there was no vote, Mr. Thomas stated it is clearly documented the conflict within
the Charter on who has the power, the Mayor or City Manager.

Councilwoman Buschman inquired on how long the discussion should last. Mr. Williams replied he
just thinks it should be about a 5 minute introduction, and seeking what Council would like to do
next.

City Manager, Mr. Harris asked in reference to the LMlG item, if there could be a discussion followed
by a vote from Council at tonight’s meeting.

Councilwoman Gantt rescinded her original motion.

Councilwoman Gantt motioned to amend the Agenda to include a discussion on an updated Charter
project; and to include a voting discussion on the LMlG paving project. Councilman Ford provided
the second; the motion passed 5-0.

Councilman Ford motioned to approve the Minutes of July 13, 2015; Councilwoman Buschman
provided the second; the motion passed 5—O.

Mayor Thompson presented a Proclamation to Mary Hancock of the Daughters of the American
Revolution for Constitution Week.

Mayor Thompson attempted to present a proclamation to Dwight Helton of Action Ministries for
Smart Lunch/Smart Kids Program, who unfortunately was not in attendance.

Mayor Thompson presented to Kim Moye, City of Stockbridge Payroll Clerk, and a proclamation for
National Payroll Week.

PUBLIC COMMENTS

Leonard Yancey spoke regarding the Noise Nuisance being abused.

Elton Alexander spoke regarding litigation costs and lawsuits.

Lee Stuart spoke about the budget, City’s Charter and signage.

Chip Flannigan spoke about the Budget and City elections.
'Response- Councilwoman Buschman ~
challenges anyone to find the video of her being
accused of stating she is in charge now.

Kathryn Gilbert spoke about the Charter and meetings.

September 14, 2015 6:00pm 4640 N. Henry Blvd. Stockbridge, GA 30281 Phone: (770)389-7900
Response- Councilman Thomas —

spoke in reference on the difference between a raise and
compensation.

Response- Mayor Thompson— apologized to the citizens for hearing about all of the negativity;
and asked everyone to look in the mirror and examine what they want in their community. Mayor
Thompson urges all to demand to see the investigative report.

Response- Councilman Ford— stated all decisions made by Council are video tapped, audio
recorded, and has minutes typed. All decision are on record and encourages all to look for
themselves and the truth will set them free.

Councilman Thomas referenced the Resolution before the Council to amend and approve funding
of the MLK, Sr. plaque.

Councilman Thomas motioned to amend the original Resolution to include the use of the remaining
funds of $479 to hold a banquet or celebration in recognition of the initiative; second by Councilman
Ford. The motion passed 5-0.

PUBLIC HEARING:

Councilman Thomas stated back in January there was a Resolution offered to identify the City as
the ancestral home of the King family and to commission a committee that would research and
identify a street that would be named for the King family.

Councilman Thomas expressed he has had several meetings with the committee and they identified
BerryStreet as the chosen street. Councilman Thomas stated he felt that this street gives
significates to the City in what the King legacy really means. Mr. Thomas also stated there was a
meet and greet at the Merle Manders Conference Center to share with the citizens why that street
was chosen and the significates of revitalizing the downtown area.

Councilman Thomas stated all across the country, the King family is recognized; and, the City of
Stockbridge only recognizes the King family at Red Oak Elementary school.

Councilman Thomas expressed he received a letter from the King family stating how excited they
were and are looking fonivard with coming to the city. Mr. Thomas also stated
he has spoken with

some of the business owners located on Berry Street, whom at first was forthe name change. Since
then, some of the business owners have changed their minds and created a petition to not have the
street name changed. Councilman Thomas expressed he hopes everyone can see the benefits of
naming the street and are trying to assist all the business that will be effected by the changes.

Councilman Thomas explained the streets that are included with the name change are N. Berry St,
8. Berry St. and Railroad St.

SPEAKERS IN FAVOR: Marilyn Flynn, Mildred R-eed, Melvin Fulton, Bishop Irvine Bryer, Sarah
Billups, Rev. E.C. Cochran, Greg Horton, Lee Stuart, Kathryn Vallish, Elton Alexander, Renee Shaw
and Neat Robinson.

SPEAKERS OPPOSED: Roger Custin.

Councilman Thomas motioned to approve the Resolution of the MLK Sr. Heritage Trail (Street
Renaming); second by Councilman Ford. The motion passed 5-0.

4640 N. Henry Blvd. Stockbridge, GA 30281 Phone: (770)389-7900
September 14, 2015 6:00pm
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Councilman Thomas thanked everyone for their support and pledged to maintain the street with
pride. Mr. Thomas also thanked and recognized the members of the MLK Sr. Historical Preservation
Committee in attendance.

PUBLIC HEARING:

Dale Hall, Administration and Community Services Director presented the following Variance
Request: VR-15—10—S Location: Langley Oaks Residential Subdivision, Lots 23, 24, 25, 26 Land Lot
5 of the 12”‘ District Parcel ID: 0318-01—O23—00O, 0318-01-024-O00, 0318-01-025-O00, 0318-01-
026—OOO. Variance to reduce the minimum front and rear setbacks.

Mr. Hall, Administration and Community Services Director stated the applicant is requesting a

variance from the front and rear yard setbacks on Lots 23-26 to allow the construction of single
Mr. Hall stated the issues that
family residential on Dustin Court in the Langley Oaks subdivision.
were discussion at the last Work Session where with lots 23 and 24, in which part
of the land had

backed up into the Avian Forrest subdivision. Mr. Hall stated with reducing the rear yard setback, it
would bring the building closer to the property line, and there is also an existing tree buffer.

Mr. Hall stated the applicant recently submitted a revision to the request to express their concerns
in regardsto lot 23 and 24. Lots 23 shows there is a setback of 27.5 ft.; instead of asking for an
increase in the rear lot; it would be moving the building fonrvard and increasing the setback in the
front lot area. in regards to Lot 24, the building has been adjusted from the previous request, sliding
forward to minimize the front setback and increasing the rear yard setback. Lot 25 is doing the same
as Lot 24 and Lot 26 is the original request that was made on the application.

Mr. Hall stated if the building is moved forward and the front yard setbacks are decreased, the one
main concern to consider is the "actual size of a standard car. Mr. Hall explained if the front yard
setback is minimized and the drive way length decreased, this would have the cars parked into the
street. The applicant is asking for a reduction in the front and rear yard setbacks.

Councilwoman Gantt asked Mr. Hall what does staff replied the
recommends. Mr. Hall
recommendation from the Henry County Planning and Zoning Department was to deny. Mr. Hall
mentioned at the last meeting, there was some discussion on what the recommendation was, and
expressed concerns with the rear yard setback.

Councilwoman Gantt stated she understands Lot 23 may be a concern if the variance is approved;
and inquired if the issues have been addressed with the other lots and approved by staff. Mr. Hall
responded the issues would be the minimizing rear yard setbacks, however, the impacted area is
an open space/ natural conservation area.

Councilwoman Lewis Ward stated at the last meeting there were seven (7) criteria’s that was not
met at that time, and inquired ifany of the criteria’s have been met. Mr. Hall replied they are the
same request in which some have been met. According to the Georgia Planning Act, the planning
staff recommendation has to be met on all criteria’s. Councilwoman Lewis Ward stated and inquired
if Council decides to accept the staff recommendation and not approve, does the builder have
alternative building plans? Mr. Hall responded the alternative building plan presented tonight, are
slight variations of the building that was presented.

Councilman Ford stated his concern is making sure there is enough driveway space in the
Cul-de-sac.

Councilwoman Gantt stated she is uncomfortable at this moment voting for a variance if Council
does not have all of the information.

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September 14, 2015 6:00pm
Page |6

Councilman Thomas made a motion to table this item until the next City Council Meeting;
Councilwoman Gantt provided the second; the motion passed 5/0.

Kevin Walter, Public Works Director presented the new job description for Water System Chief
Operator. Councilwoman Bushman made a motion to approve the Resolution; second by
Councilman Ford. The motion passed 5-0.

Renee Wheeler, HR Manager presented Pay Classification Scale to include the Water System Chief
Councilman Ford made a motion to approve the Resolution; second by Councilwoman
Operator;
Gantt. The motion passed 5-0.

Renee Wheeler, HR Manager presented the Organizational Chart to include the Water System
Chief Operator; Councilwoman Buschman made a motion to approve the Resolution; second by
Councilwoman Gantt. The motion passed 5-0.

An Ordinance for Budget Amendment 2015-O04 in the amount of $269,885 was presented by
Treasurer, Linda Nabers. Ms. Nabers inquired if it was Councils wishes to separate into roman
numerals voting individually or vote together. Councilwoman Buschman stated due to litigation, she
requested by email to separateby line item and vote on each item individually for transparency, if it
is Council consensus. Councilman Ford concurred.

Ms. Nabers stated the following:

I. Litigation is $ 59,999

Councilwoman Gantt inquired if the budget amendment was for items that had already been paid,
and if so, is this to amend the budget. Ms. Nabers confirmed and stated roman numerals l, lll, IV
and V have been paid out. III, IV and V were a part of the 2014 budget, however; theinvoices were
paid in 2015.

Councilwoman Buschman stated due to her prior vote against the litigation, which has already been
paid for, she would like for her vote to stay consistent. Councilwoman Buschman asked City
Attorney, Mike Williams if Council should vote on the items individually or make a motion for III, IV,
and V. Mr. Williams responded the cleanest way would be to adopt the budget amendment as
presented, then have each member explain their position and enter them in the Minutes for the
record. Mr. Williams also mentioned there is a concern for Councilwoman Buschman and the DDA
litigation and wants her to state for the record her position. Councilwoman Buschman wanted to
clarify with Mr. Williams when it's time to vote, she should make here statement during the
discussion. Mr. Williams responded yes and if Councilwoman Bushman has more to add, she can
write a written statement to have added into the approved minutes.

Councilman Thomas stated his concern with not voting by line item. Mr. Williams stated the line
items are clear and majority of the funds will come from the fund balance. Councilman Thomas I

stated he is favor of voting line item by line item and referenced a prior meeting where this issue
was addressed.

Mr. Williams noted the prior item and stated that is was a personnel item and this was not the same
type of concern.

Councilman Thomas stated that as long as the account numbers are referenced he would be in
favor.

4640 N. Henry Blvd. Stockbridge, GA 30281 Phone: (770)389-7900
September 14, 2015 6:00pm
Councilwoman Buschman noted that the line items were lumped and she would unable to vote on
the item with it be noted this way.

Ms. Nabers noted that both she and the City Manager have been granted authority to transfer funds
within departments.

Mayor Thompson made a statement about fuzzy math in government and reckless spending by the
Council, in particular, legal fees outside of the budget in which some items have already been spent
and paid. Mayor Thompson stated there was not enough money in the budget to pay those bills.

Mayor Thompson went on to say that this is his concern with the changing of the Charter and you
leave these types of decisions up to the Council, there would be no checks and balances.

Mayor Thompson stated the Council approved legal and litigation fees and litigation that had not
previously been budgeted, in particular, Mayor Thompson addressed the legal fees paid to former
Mayor Lee Stuart in the amount of $59,999 that the Council agreed to pay as their prerogative
without reference to where the funds would come from. Mayor Thompson stated that citizens would
to spend money,
pay for it and the City was upside down on the budget and if the City was going
about these things.
you need to call for a budget amendment and think

Mayor Thompson then referenced item #2 in the amount of$125,001 for legal spending and brought
forward City Attorney’s contract in the amount of $150,000 and spoke to the stipulation to Mr.
Williams’ contract and stipulations and noted that he was the highest paid in the City’s history ever.
Mayor Thompson then noted the salary of the Governor, Attorney General and then the salary of a
Supreme Court Justice. Mayor Thompson noted that his objections to hire the City Attorney.

Mayor Thompson then referenced the Charter amendment being brought forward and that the City

Attorney had not returned his call.

Councilman Thomas stated that the Mayor was out of order as the item being presented was the
budget amendment and not the City Attorney’s contract.

Deputy Clerk, Randi Rainey stepped away momentarily and the meeting was suspended until she
returned.

Mayor Thompson noted that he had done an analysis of spending compared to the previous year
and felt it would be beneficial to note where monies would come from before spending.

Councilman Thomas stated that for transparency purposes, don't overlook the fact that the litigation,
the SDS for police services, the DDA litigation and the Buschman and Steinberg investigation, the
charges for all were led by Mayor Thompson.

Councilwoman Gantt noted that the legal fees on Section 1 and 2 of the budget amendment have
nothing to do with Mr. Williams’ contract as that item has been budgeted and approved and that
monies are budgeted each year, no different from any other year for the amount spent for legal
counsel. Councilwoman Gantt has legal counsel if while the discussion of the settlement of the Lee
Stuart case was held in Executive Session, could it be discussed in public as to who was in
agreement with the settlement, and does not mind do so as the public needs to know what took
place.

Councilman Ford stated that he didn’t think that was necessary as the Council voted to settle back
inMay and has been to that individual, its a done deal and this is an administrative action that
paid
needs to occur. The discussion was made publically and is available in the Minutes and on tape.

4640 N. Henry Blvd. Stockbridge, GA 30281 Phone: (770) 389-7900
September 14, 2015 6:00pm
Councilwoman Gantt stated that while she understood that, her concern is not necessarily what was
voted for, but rather making it known to the public who led the way and agreed to it. Ms. Gantt went
on to say that yes, the Council votes, but did the Mayor agree as well.

Councilwoman Gantt further stated that the tables have turned tonight and does not understand
where this is from; the litigation issues were all led by the Mayor and believes that this is
coming
being brought up by the Mayor because she brought fonivard the discussion of the City’s Charter.

Councilwoman Gantt went on to say that there will be other opportunities to address the Charter
and that Mr. Williams has been working on the draft of the Charter for months, has mentioned it
over and over again, and it is including in the City Manager’s report. And if the Mayor didn't know,
then he has not been paying attention to what’s been going on in the City because the report
consistently said that the City Attorney has been working on, editing, revising and revamping the
Charter. Ms. Gantt further stated that she believes this is all has to do with the Mayor not liking a
change to the Charter. And the Charter needs to be changed.

Mayor Thompson stated that Councilwoman Gantt was making a presumption about the Mayor.

Councilwoman Gantt stated that the Mayor has been talking about the Charter and the item
and
presented was to amend the budget and instead that the Mayor jumped on the City Attorney
none of this was about him; not one line item is about the City Attorney. But rather,
it was about

litigation, the DDA SDS and former Mayor Stuart’s case that the City agreed to settle, and the Mayor
was the head of and is now trying to figure out why the Mayor is bringing this
about now and trying

to make them look crazy when he in fact was a part of it.

Councilwoman Gantt asked for the politics to stop tonight. And that's why she asked for a revision
of the Charter. Councilwoman Gantt stated that as a Council Member she also represents the Body
and Stockbridge and her intent in bringing the Charter forward tonight was only to get the discussion
going, and bring it back to a town hall meeting.

Councilwoman Gantt further noted that the change does not take away citizen’s rights as the Mayor
has stated and asked the Council to allow the memorandum that was prepared by the City Attorney
be made public to the media to allow the public to see that while the City’s history previously acted
with a full-time Mayor, that changed, and a City Manager was hired, and that’s the way the City is
currently operating.Councilwoman Gantt asked that the games stop, things to be clear and concise
and remove the gray areas, and that she wants to see buildings going up, jobs come to Stockbridge
and the embracingof the but instead, games are being played and the Mayor is the
City’s diversity;
head of it.

Councilman Thomas agreed with Councilwoman Gantt and further stated that he and everyone on
the Council and including the Mayor, wanted to reemphasize that the Mayor led the charge against
the DDA, that led the charge with the SDS Agreement, and that he led the charge with the
Buschman and Steinberg litigation, and asked the Mayor not to sit there and pretend that it was the
Council spending this money. Councilman Thomas stated that he was upset about this and that the
dais.
Mayor and Council knows about all of this. Councilman Thomas then excused himself from the

Mayor Thompson stated that there have been a lot of things said about him spearheading items
and acknowledged that he spearheaded the DDA issue as there are some serious issues involving
the Downtown Development Authority, and the money and properties that were transferred off of
the City’s books, and that this was not part of this discussion tonight.

4640 N. Henry Blvd. Stockbridge,’ GA 30281 Phone: (770) 389-7900
September 14, 2015 6:00pm
for police
Mayor Thompson stated that in terms of him spearheading the SDS Agreement, that was
services and joint venture with the County on, and that's a required agreement with the County.

Mayor Thompson stated that since brought up since salaries, and noted that
this was
Councilwoman Gantt was correct, this was not about the City Attorney’s contract, but he has made
it about his contract because the City is asking taxpayers for more money in the amount of
$269,885.

Mayor Thompson stated that he doesn't have a vote, and while there has been talk of him
spearheading things, check the record as he has never voted for anything.

vote
Mayor Thompson apologized and corrected his statement and noted that he broke the tie to
for selection of Mayor Pro Tem Thomas, and another time during the investigation of Councilwoman
Buschman and those of the two times that he has voted.

of Atlanta
Mayor Thompson then referenced a meeting regarding the SDS Agreement in the City
where the City Manager asked the City Attorney to attend, and failed to appear.

Mayor Thompson stated that he has a base salary of $10,400 annually, and doesn’t havea big
base salary and thought the City Attorney should have been in attendance.

Councilman Thomas returned to the dais.

Councilman Ford made motion to approve Budget Amendment 2015-004 in the amount of

$269,885 in its entirety to balance the books; second by Councilwoman Gantt. Councilwoman
Buschman made a statement that she is a strong advocate against litigation and noted that she
settlement
supports the other items included in the budget amendment and excluding the Lee Stuart
and also the DDA litigation due to her recusal and would therefore not be voting on this item. Motion
approved 4-0-1 (Councilwoman Buschman recused herself from the vote).

City Attorney, Michael Williams presented the Ethics Ordinance item to the Council and
characterized the item as a housekeeping item as it removes the provisions in the existing ordinance
as it relates to the Ethics Committee. Most of the provisions laying
out alleged violations, or potential

violations, in some ways conflict with the provisions or similar provisions in the Charter, and for
those reasons there is concern that they are either duplicative or in outright conflict.

Mr. Williams further noted that the harshest punishment under that ordinance is either a public
or a request for resignation, whereas the Charter allows for potential removal
if violations
reprimand
are proven.

Mr. Williams stated that his recommendation is to propose that if the Charter is revised, under the
GMA Model code, there is a provision for the City to appoint an impartial panel to hearthese alleged
violations (an ethics commission) to deal with the provisions laid out in the Charter as well as
been
provisions that the revised Charter would be able to identify. Additionally, the committee has
dormant for a couple of years. Therefore, the suggestion is to lay it aside and come back at a later

date to re-establish pursuant to the revised Charter and noted this is his recommendation to Council.

and
Mayor Thompson inquired as to whether or not this is in relationship to his investigation
presumed that this why this item was placed on the Agenda.

Mr. Williams stated to Mayor Thompson that he was free to speak, and did not know
what he was
intending to say, and could therefore not advise.

4640 N. Henry Blvd. Stockbridge, GA 30281 Phone: (770)389-7900
September 14, 2015 6:00pm
on his part as
Mayor Thompson stating that and to protect his integrity, it would be a presumption
to why he was going to be presumptuous about his comments as to why this item was placed on
the Agenda.

and that his
The Mayor stated that the City has spent over $56,000 investigating its peers,
amount of and that taxpayers should be entitled to see
investigation has cost an astounding money
and that attorney is still the clock.
the investigation, except the investigation is not finished yet, on

disband the ethics board, the
Mayor Thompson noted that this Council can investigate and can
citizens’ board for ethics that has been in effect for a long time; and considers it disingenuous. Mayor
action taken by the new
Thompson noted that disbanding the ethics board was one of the first
Council in January 2014. Mayor Thompson stated that the City Attorney noted that it conflicts with

the Charter.

d read: the
Mayor Thompson went on to read the Charter Section 2.40.020 talks about the scope
provisions of this

but to be clear, the
Mayor Thompson stated that he is not saying whether he is for or against it,
facts as presented, is the fact that it conflicts, there is the statement right there, it conflicts. Mayor

Thompson then -asked Attorney Williams for the other reason.

the primary sanction was to
Attorney Williams’ response was that the Board was lying dormant and
reprimand and/or request removal or resignation.

that or the Board; and in
Mayor Thompson stated that was fair to allow the citizens could ask for
dormant was because of the
terms of the Board lying dormant, the reason the Board was lying

people that you are looking at, that’s the reason it’s lying dormant.

discussed
Councilwoman Gantt stated that Mayor Thompson agreed with disbanding the Board and
several occasions when they were all getting along, and that
the matter with the City Council on
although the Mayordoesn’t have a vote; and the Council advised to act by the previous attorneys
and legal counsel as well.

to
Councilwoman Gantt noted that she was aware of what the Ethics Board means, and happened
be the first Chair of the first Ethics Board, it is her opinion that the board was used as a tool,
City’s
the
especially during the campaign times to hold hearings and bring up frivolous cases against
Mayor and Council and could foresee it happening that way again.

lead
Councilwoman Gantt further stated that while the Mayor doesn’t have a vote, as the Mayor, he
the pack,and is now speaking out against it and that she understands and knows where this
information received
underlying anger is coming from; however, the thought is that based on new
about the proposed amended Charter, the Council may want to consider a motion to table to Ethics

Ordinance or vote for it; it's known to be used as a tool.

Councilwoman Gantt went on to say that it was uncomfortable for her as a member of Council
to

and said there were several things that need to be taken into consideration and
judge colleagues
doesn’t believe there is an underlying tone in dealing with you, the Mayor, but basically the issues
for more
have been discussed tonight and they have come up, and items that have been discussed
the issues forward and
than a year; it's time to get things moving. And when the Council brings
Council
speaks up for themselves and asks that the political games stop, then they as
a are

attacked.

4640 N. Henry Blvd. Stockbridge, GA 30281 Phone: (770)389-7900
September 14, 2015 6:00pm
Gantt that she was a
Mayor Thompson stated that he was not angry and stated to Councilwoman
member of the duly elected board and has a vote and referred to her as the Honorable

Councilwoman LaKeisha Gantt and can vote however she wants to vote, but prefers that she not
state to the public that he is the leader of the pack.

of the pack was
Mayor Thompson went on to say that it was seen earlier tonight who the leader
with all of the Agenda items who is the leader of the this city.

Mayor Thompson stated that when it comes to voting, he does not have a vote.

Councilman Thomas stated that he resents the fact that Mayor Thompson

ironic.
Mayor Thompson stated that he didn’t say whether he agreed or not, but that the timing
was

second
Councilwoman Gantt made a motion to table this item to be heard at the next Work Session;
by Councilman Ford. Motion approved 5-0.

OR13-295 relating to
City Manager, Michael Harris presented the item to amend Ordinance
Mr. Harris
Ancillary Wine Tasting Licenses and Ancillary Growler Malt Beverage Tasting Licenses.
noted that the owners had previously come before council to

Mr. Harris stated he had spoken with a few business owners in regards to the current Growler
services. Mr. Harris
provisions; and how some business owners would like to expand their
is
expressed the challenge is making sure staff thorough with research and evaluating; and would .

like to adopt an Ordinance similar to the City of Macon. The current Ordinance only allows for tasting
of wine and malt beverage; no more than 2 oz. can be consumed in a 24hr period. Some business
owners would like to expand to two 12 oz. pints per day.

Councilwoman Buschman asked how long has the Ordinance been looked at. Mr. Harris answered
a few months back. Some of the business owners have had conversations with the Mayor and
himself.

Councilwoman Buschman inquired if this particular Ordinance could be expedited for the business
owners. Mr. Harris there is a current provision that states those that serve alcohol are
replied
deviation if the Growler
required to maintain 51% in food sales. Mr. Harris expressed this would be a
bar does not have to meet that provision; and wants to be careful on how the provision is crafted.

Mr.
Councilwoman Buschman asked about the time frame and when this could be put into place.
Williams that that
responded is not in the zoning code. However, Council could amend
provision
the alcohol license by holding a meeting to determine what to include in the provisions.

Councilman Thomas asked Mr. Harris to have the additional information ready by the next Council
meeting. Mr. Harris replied he would work in conjunction with the City Attorney.

City Attorney, Michael Williams reviewed the history of Constitution Week.

Michael Williams, City Attorney stated the Charter is the City’s constitution with numerous issues
that have been identified the previous and current firms. Mr. Williams noted that many of these
conflicts have resulted in These issues have made it a difficult to manage the affairs of
litigations.
the City for the people of Stockbridge.

4640 N. Henry Blvd. Stockbridge, GA 30281 Phone: (770) 389-7900
September 14, 2015 6:00pm
Mr. Williams stated he has suggested multiple times is to revisit the Charter and make it better and
to make it a document that withstands the test of time.

Mr. Williams stated that as City Attorney, he represented the City and not any of the elected officials
and that his goal is to assist City and draft a Charter, not to address various balances
individually,
of power or allegiances or whatever exists today among the Council, but rather to put in place a
Charter for future Councils and future generations of Stockbridge that they can rely on for stability.

Mr. Williams noted an earlier comment as to whether or not the Mayor should preside over
meetings. The Charter states that the Mayor presides over meetings and the Mayor Pro Tem
likewise presides over meetings in the Mayor's absence. Mr. Williams noted that this process has
been memorialized as such and if there was not a problem with Mayor Rudy Kelley or Mayor Lee
Stuart presiding, there should not be a problem with Mayor Thompson presiding. And, if there is a
problem, it needs to be addressed in the Charter.

Mr. Williams stated the most important conflict that he has expressed over and over again is the
City Council is currently operating as a Council/Manager form of government. However, the Charter
states having a Strong Mayor form of government, in which the Mayor has governed himself in that
fashion.

Mayor Thompson expressed he disagreement in Mr. Williams’ assessment and noted the Charter
was clear in regards to the delegation of power.

Mayor Thompson stated that the code section for the City Manager appointment states that the
Mayor selects the City Manager until it was amended in June of 2014 whereas Mr. Williams’ draft
to fire the City Manager, the Mayor
copy is a conflict and instead of the Mayor having the power
and/or 3 members of Council will have the power to do so. Mayor Thompson stated that Council
members have reminded him of this section of the Charter.

Mayor Thompson noted that while the City Manager has been delegated powers and duties, he
meets with the City Manager on a regular basis and he keeps him abreast and in the loop of the

City’s business and that he has not acquiesced to Council/Manager form of government.

Mayor Thompson stated to the public their right to vote and elect the Mayor and Council and this
proposed form of government removes the Executive branch of government, and he had no input
or consideration.

Mayor Thompson asked Attorney Williams if he drafted the document himself and suggested that
he had been in consultation with members of Council.

Mr. Williams responded that he had not been in consultation to any member of the governing body
and wanted to make that clear, Mr. Williams further stated that this document is based on the GMA
Model Charter and that he has attempted to make modifications to that Charter to mirror as best
that he could under the circumstances the way the City currently operates.

Mayor Thompson stated that Mr. Williams’ statement was inaccurate and the drafted copy
eliminates the Executive branch of the government and gave an example of government. Mayor
Thompson further noted that he didn’t agree with the City Attorney not discussing the document
with the Mayor & Council or City Manager and essentially determined the form of government
himself. Mayor Thompson then stated that he did not appreciate the comments included in the
document.

4640 N. Henry Blvd. Stockbridge, GA 30281 Phone: (770) 389-7900
September 14, 2015 6:00pm
Councilwoman Gantt noted that this item was brought forward in June 2014 and referenced an
email that was sent to the Clerk at the time, Stephanie Tigner to put the Charter Amendment item
on the Agenda.

Councilwoman Gantt went on to say that there is conflict with the Charter. Litigation of Ray Gibson
and Lee Stuart both resulted out of the conflict with the Charter. Councilwoman Gantt noted that
the City has ambiguous terms at all times, even with whether or not the Agenda could be amended;
the Charter and ordinances have conflicting information.

Councilwoman they all attend GMA training, and they have
Gantt stated that received
recommendations from the GMA representatives to look into changing the Charter.

‘Councilwoman Gantt referenced the City is currently operating in a Council/City Manager form of
government and the statement that the Mayor has made where the citizens would be losing power
is incorrect. The Organizational Chart remains the same: Voters, Mayor & City Council and the City

Manager, and then Department Heads. Nothing changes with Council/Manager form of government
and noted this is a popular form of government, the City has been acting in this form of government
as we have a City Manager.

Councilwoman Gantt noted that every attorney, and investigator has suggested a change to the
Charter.

Mayor Thompson stated that he just wants to get the facts on the table regarding the form of
government and didn’t know who brought the item forward to be in the Charter update book.

Councilwoman Gantt stated that she brought the item forward on June 3, 2014 and referenced the
email, and Mayor Thompson read the email sent to Stephanie Tigner.

The LMIG Paving project was not heard.

Councilman Thomas made a motion to adjourn; second by Councilwoman Buschman. The motion
was
approv.ed,,4-O-1 (Councilman Ford opposed).

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Vanessa Holiday, City Clerk T" othy L. Thompson’, Mayor

September 14, 2015 6:00pm 4640 N. Henry Blvd. Stockbridge, GA 30281 Phone: (770)389-7900
