---
date: 2011-09-12
title: September 12, 2011 Minutes
source: 2011-09/2011-09-12_September 12, 2011_Minutes.pdf
pages: 1
---

September 12, 2011

CITY OF STOCKBRIDGE
SUMMARY OF MINUTES
COUNCIL MEETING

September 12, 2011 6:00 P. M.

A Meeting of the Stockbridge City Council was held on September 12, 2011 at 6:00
P. M. Mayor Lee Stuart presided and Council members present were, Harold Cochran,
Kathy Gilbert and Fred Evans. Mark Alarcon and Shirley Dabney were absent.

Motion to Convene made by Councilman Cochran, seconded by Councilman Evans.
Passed Unanimously 3-0.

Motion to approve the Regular Council Meeting Minutes of August 8, 2011 made by
Councilman Cochran, seconded by Councilwoman Gilbert. Approved 3-0.

Invocation by Reverend Eugene Edwards.

Pledge of Allegiance.

Mayor Stuart welcomed all guests.

Mayor Stuart presented a proclamation to Patricia Rosser in honor of Constitution
Week.

Erik Charles, School Board Representative recognized all of the volunteers and
sponsors that participated in the 2011 Back to School event.

Janet Shellnutt, Henry County Elections Superintendent, informed citizens on the voting
schedule for the November elections as it relates to Municipal and County elections.
Voting will begin at the County Registrars office on October 17, 2011 through October
28, 2011 during normal business hours of 8am – 5pm, Monday through Friday. The
hours extend beginning October 31, 2011 – November 4, 2011 to 7am -7pm Monday
through Friday at the County Registrars office. Both municipal and county SPLOST
ballots will be available. Early voting begins in each city beginning October 31, 2011
and will continue through November 4, 2011 at the Ted Strickland Community Center
from 7am – 7pm Monday through Friday. Both municipal and county SPLOST ballots
will be available. On Election Day, Tuesday, November 8, 2011, citizens can only vote
on the municipal elections at the Ted Strickland Community Center. Citizens will have
to travel to the County Registrars Office to vote for the County SPLOST ballot. Mayor
Stuart confirmed with Janet Shellnutt that after the polls close, citizens will be able to
witness the

Municipal elections results at the Ted Strickland Community Center. Councilwoman
Gilbert recapped the ballots: in addition to the council seats for the City, there is the vote
on Sunday Alcohol Sales on the municipal ballot and the county ballot has a renewal of
the Education SPLOST.

OLD BUSINESS

Attorney Andy Welch presented an Ordinance to amend the City of Stockbridge Ethics
Ordinance, in particular the section regarding the filing of complaints. Councilman
Evans made a motion to approve. Seconded by Councilman Gilbert. Passed
unanimously 3-0.

Attorney Andy Welch presented a Resolution authorizing the City of Stockbridge to
approve the Lease Agreement between Henry County and the City of Stockbridge
regarding the Stockbridge Police Precinct. Attorney Welch noted that the Stockbridge
Police Precinct is occupied and open and that this precinct serves as the City’s police
department with two dedicated officers as part of the Service Delivery Strategy (SDS).
The Intergovernmental Agreement between the City of Stockbridge and Henry County
states that the City of Stockbridge will provide the facility and Henry County agrees to
reimburse the City in the amount of $500,000. Attorney Welch further stated that the
Agreement has been approved by the County. Mayor Stuart asked City Administrator if
he was in approval of the Agreement, and he confirmed that he is in agreement with the
terms. Councilman Evans made a motion to approve. Seconded by Councilwoman
Gilbert. Passed unanimously 3-0.

NEW BUSINESS
Councilwoman Gilbert made a motion to approve the Consent Agenda. Seconded by
Councilman Evans. Passed unanimously 3-0.

Thomas Fantroy – New Emmanuel Baptist Church
4340 North Henry Blvd. Suite 140 Stockbridge, GA 30281 (Brooklyn Plaza)
Request for Temporary Use for a church.

Don Carlos Bain – Next Generation Bible Church
5353 North Henry Blvd. Stockbridge, GA 30281 (Ace Hardware Plaza)
Request for Temporary Use for a church.

Mayor Stuart presented and read a letter that he had received from the Georgia Bureau
of Investigation (GBI) dated August 19, 2011. A copy of the letter was distributed to the
Council:

Dear Mayor: We have recently been advised of possible financial irregularities
within the City of Stockbridge financial funds. These findings stem from a
Management Training Exercise conducted in May and June 2011. A forensic
audit needs to be conducted to determine if criminal activity has occurred. This
must be done prior to the GBI becoming involved in an investigation. The
forensic audit needs to be conducted by an outside firm at the City’s expense. If
criminal activity is discovered the findings should be discussed with the District
Attorney. If the District Attorney wants the GBI to investigate after the forensic
audit, the District Attorney will need to request the GBI.
The letter was signed by: Denise Norman, Special Agent in Charge, and Carter Brank,
Special Agent in Charge.

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The Mayor stated that the letter was sent to him confidentially on the 19 and there
were no voting meetings going on and because the letter was sent confidentially, he did
not want the letter to be somewhere lying around. The Mayor stated that the letter is
coming down from the highest law enforcement agency stating that the City needs to
have a forensic audit performed. Mayor Stuart asked the Council for a motion to
approve the funds to have the forensic audit performed, and to use the firm KPMG to
perform the forensic audit. Councilwoman Gilbert asked Mayor Stuart what
Management Training Exercise is referenced in the letter. Mayor Stuart responded that
it is mentioned in a confidential report and that he was not free to mention who that is,
and that he can only refer to the letter. Councilwoman Gilbert asked Attorney Welch if
he was aware of this, and his response was no, that this was the first time that he had
heard this. Mayor Stuart recommended that the Council go along with the
recommendation for the audit.

After reviewing the letter from the GBI, Attorney Welch stated that given the fact that
the letter was nearly one month old, and received right before a Council Meeting that he
considers the matter to be somewhat of an emergency situation. Attorney Welch
recommended that the Council call a special session to adopt a Resolution to go
forward with the selection of a forensic auditing firm, and that the Council should act
promptly. Attorney Welch asked Mayor Stuart if the GBI had made any
recommendations or provided a list of auditors. Mayor Stuart responded that the GBI
did not recommend any firms and that he had visited the internet and found KPMG.
Attorney Welch suggested that Mayor Stuart contact the GBI for recommendations or to
get a list of bona fide auditors to choose from and not just someone selected randomly
from the internet. Attorney Welch went on to say that typically, the GBI will have a list of
preferred professionals in specific areas. Attorney Welch stated that it is unclear at this
point if the funds are or are not in the

Budget. The Special Called Meeting will allow the Treasurer time to designate funds
and the Council time to select a firm to perform the audit. Attorney Welch stated that
based on the date of the letter, it’s clear that an independent audit needs to be done as
quickly as possible. Ray Gibson, City Administrator stated that the City needs to get an
RFP together to get an idea of cost. Attorney Welch asked the Mayor and Council to
look at their calendars to find a date as quickly as possible to have a Special Called
Meeting to determine where the funding will come from, the audit firm to be selected,
and to get some type of cost, or perhaps a not to exceed because the cost would be
unknown. And, between now and then, Annette Anderson, Treasurer, can determine the
appropriate line item for funding.

Councilwoman Gilbert asked Mayor Stuart if he had shared this information with anyone
other than himself, prior to this evening. He responded that he had not, and that the
letter was sent confidentially to him, and was unable to share the information until he
had clarity Councilwoman Gilbert made a motion for a Special Session on Wednesday,
September 14, 2011 at 5pm to determine the amount and the firm to be used for the
forensic audit. Mayor Stuart stated that he could not make the meeting on Wednesday.

Councilman Evans questioned why the letter was dated twenty four days ago and was
just being brought to the Council’s attention. Mayor Stuart responded that there was no
way to take a vote on it, and felt it would have been improper to have it open to
discussion without being able to vote on the matter.

Councilwoman Gilbert asked Mayor Stuart if under the City’s Charter, if he had the
authority to unilaterally call a Special Session of the Council. The Mayor responded that
he could have, however, that it was at his discretion. The Mayor further stated that he
did not have all of the facts that he needed to make a decision, and that he sought
counsel and advice and decided to bring the matter to this meeting.

Councilwoman Gilbert asked Mayor Stuart who he sought for counsel and advice.
Mayor Stuart responded that the matter was confidential, and that the counsel and
advice that he sought would likewise remain confidential. Mayor Stuart called on the
Council to vote yea or nay on moving forward with the forensic audit.

Attorney Welch stated that there had been a motion made by Councilwoman Gilbert and
that perhaps he had a conflict with the date.

Councilwoman Gilbert stated that she had made a motion to meet in Special Session on
Wednesday, September 14, 2011, and that the Mayor had expressed that he would not
be available on Wednesday, and asked the Mayor if there was another day that was
better for his schedule.
Several days were tossed around and with both Councilman Alarcon and
Councilwoman Dabney out for the remainder of the week; the Mayor would need to
attend to have a quorum. Councilwoman Gilbert called for the date of Monday,
September 19, 2011. Mayor Stuart responded that he would not be available.
Councilman Evans asked if Councilman Alarcon and Councilwoman Dabney would
have returned, and that Councilwoman Gilbert could run the meeting as Mayor Pro
Tem, and there would be a quorum. Councilwoman Gilbert confirmed

that both Councilman Alarcon and Councilwoman Dabney would be in town on Monday,
September 19, 2011.Mayor Stuart suggested Tuesday, September 20, 2011.
Councilwoman Gilbert amended her motion to meet in Special Session on Tuesday,
September 20, 2011 at 6pm. Seconded by Councilman Evans. Passed unanimously 3-

Attorney Welch presented an Ordinance to Amend Title 11 of the City of Stockbridge
Code of Ordinances regarding “Offenses”; amending Chapter 11.04 thereof regarding
“General Offenses” in order to include additional provisions as to “Disorderly Conduct”.
Mayor Stuart expressed a concern regarding sagging pants as disorderly conduct as he
had spoken with some of the Henry County officers regarding this Ordinance. Attorney
Welch stated that this has not been tested as to whether or not the Ordinance violates
an individual’s freedom of expression. A warning is given as a first line of action. Mayor
Stuart asked how this differs from Indecent Exposure. Attorney Welch stated that
Indecent Exposure falls under Disorderly Conduct that is enforced as part of the City’s
Charter. Mayor Stuart asked how the law will work in laymen’s terms. Attorney Welch
stated that if someone is wearing the pants below the beltline and exposing underwear
and/or flesh. The officer will warn the individual and ask them to pull up his/her pants. If
the individual complies, there is nothing further. Otherwise, under the disorderly conduct
in the City’s Charter, the same rules that apply to public drunkenness, loitering,
profanity, etc. apply for non-compliance. Councilman Cochran made a motion to
approve. Seconded by Councilman Evans. Passed unanimously 3-0.
Ray Gibson, City Administrator presented an Ordinance – Amending Title 6 of the City
of Stockbridge Code of Ordinances regarding “Municipal Utilities”, amending Chapter
6.14.080 thereof regarding “Water Lines and Appurtenances”. The changes and
revisions include:

1. To revise the specifications of the fire hydrants by adding some new language.
2. Increase valve openings to 5 ¼ “
3. All nozzles are to have protective caps and protective connections.
4. The color of the City’s hydrants will change to silver and green.

The painting of all of the hydrants will be done in phases. Councilman Cochran made a
motion to approve. Seconded by Councilwoman Gilbert. Passed unanimously 3-0.

Ray Gibson, City Administrator presented a Resolution authorizing the City of
Stockbridge to enter into an agreement with Falcon Design Consultants for Project
Engineering Services. Project Name: Reeves Creek Greenway & Trail, Phase II. Mr.
Gibson stated that the Council had recently approved Jack Burnside as the
Project Administrator for this project. Phase I has been completed. Phase II process is
to hire a design engineer. Four or Five Requests for Qualifications were received. The
recommendation is to choose Falcon Design for the Phase II design from the RFQ’s
that were received. The engineering contract for this project will be $60,000.
Councilman Evans made a motion to approve. Seconded by Councilwoman Gilbert.
Passed unanimously 3-0.

Ray Gibson, City Administrator asked that Council Table this item.
Resolution – Authorizing the City of Stockbridge to adopt the Job Descriptions
Revisions the Water and Sewer Department Employees. Councilwoman Gilbert made a
motion to table the item. Seconded by Councilman Evans. Passed unanimously 3-0.
John Palmer, Falcon Design Consultants stated that his firm was asked by the City to
review five communities for Traffic Control Devices – Speed Humps and what they
would recommend from an engineering standpoint. Those five communities were:
Davidson Landing, Northbridge Crossing, Wild Wind, Glynn Addy and Moss Pointe
Subdivisions. Mr. Palmer stated there were several site visits and they also met with
several of the residents from most of the communities. The recommendations are for:

1. Wild Wind – Recommendation is to install three (3) Speed Humps
2. Glynn Addy – Recommendation is to install two (2) Speed Humps without a stop
condition.
3. Davidson Landing – Recommendation is to install a Speed Hump as you enter
the community after you pass Manheim on Walter Way.
4. Moss Pointe – Recommendation is to place a stop condition at the first and
second intersection in the subdivision. Four-way stops don’t cause driver
confusion, but two-way stops do cause driver confusion.
5. Northbridge Crossing – Recommendation is to first lower the Speed Limit from 35
mph to 25mph on Walter Way BEFORE Speed Humps is put in place.

Mr. Palmer stated that his firm always recommends that signs be placed on both sides
where speed humps are installed. Mr. Palmer noted that the City would be responsible
for all materials and installations for the Speed Humps.

Mayor Stuart asked Mr. Palmer if he had an opportunity to speak with the residents. Mr.
Palmer stated that they had met with residents of Wild Wind and Northbridge; but did
not meet with residents of Glynn Addy, Moss Pointe or Davidson Landing. Mr. Gibson
proposes to send out a letter to all of the homeowners that state the recommendations
and to get their feedback.
Councilman Evans asked Attorney Welch if the LARP program would pay for removal
and installation of the Speed Humps when it becomes time to do street resurfacing.
Attorney Welch responded no. The City would be required to remove the Speed Humps
for resurfacing projects under the LMIG, formerly LARP. Mr. Gibson stated that this is
no longer an issue as the Speed Humps can be easily removed and re-installed.

Councilwoman Gilbert stated that in the past there had been concerns that the City may
have liability issues when it came to Speed Humps in subdivisions and asked if those
concerns had been addressed. Attorney Welch stated that the most prudent way to
protect the City is to have the Council approve these requests by ordinance, and create
a new traffic law for particular streets. Secondarily, this is to insure that no one member
or department of the City can designate Speed Humps in a particular area without the
studies and Council approval.

Councilwoman Gilbert asked if this ordinance is creating a Speed Hump Ordinance for
the City that allows other subdivisions to come in and make similar requests .or if it is
specific to those subdivisions mentioned. Attorney Welch responded that this ordinance
is specific to those locations. John Palmer stated that their firm did an engineering study
for sight distance and speed. Attorney Welch requested that John Palmer submit a
signed certified engineering report.

Councilman Evans asked about the streetlights regarding Walter Way and Davidson
Parkway. Mr. Gibson responded that those lights had been installed, and that the City
was looking to add streetlights to Old Atlanta Road.

Councilman Evans made a motion to approve the Resolution for Traffic Control
Devices. Seconded by Councilwoman Gilbert. Passed unanimously 3-0.

PUBLIC COMMENTS

· Mike Moon stated that he researched and found that Stockbridge has a Sister
City in England with approximately 589 residents, and that Levi Stockbridge is a
direct descendent.
· Lynell Newson resident of Parkland Estates wanted to know the procedure to get
Speed Humps installed in his neighborhood. He was directed to speak with the
City Administrator, Ray Gibson.

· Houston Nelson thanked Councilman Evans, Councilwoman Gilbert and City
Administrator Ray Gibson for the streetlights that were recently installed at
Northbridge Crossing.

Ray Gibson, City Administrator recognized employee Marvin Brown for recently
receiving his U.S. Citizenship in July.

Mayor Stuart announced that the next Historical Association meeting would be held on
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September 15 at 11am at the Merle Manders Conference Center.

Mayor Stuart stated that the next meeting for the Veteran’s Day Committee will be on
the 20th of September at 10am in the Levi Stockbridge Conference Room. The
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Veteran’s Day Dinner will be held on the 10 of November for 300 people and there will
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be a parade on the 11 of November.

Councilwoman Gilbert asked Mayor Stuart if the Veteran’s Day Dinner was for 300
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people on the evening of the 10 and if the event had been approved by the Council
and the Community Relations Committee.

Mayor Stuart stated that the event was announced at the last Work Session and
Miranda Roberts stated that the total at that point was around $10,000, and the Council
was asked to put funds in the budget. Mayor Stuart stated that he hoped to receive
most of the funding through donations.

Ray Gibson, City Administrator noted that the LCI Update Meeting was being held at the
Ted Strickland Community Center at 6pm on Tuesday, September 20, 2011, and that
the Council had just approved a Special Called Meeting for the same date and time.
Councilwoman Gilbert made a motion to change the Special Called Meeting time from
6pm to 5pm. Seconded by Councilman Evans. Passed unanimously 3-0.

Ray Gibson, City Administrator announced that there is an open meeting on Tuesday,
September 13, 2011 for the TIA, Transportation Investment Act at the Henry County
Administration Building from 6 – 8pm. The is a T-SPLOST item that will be voted on in
2012 and citizens need to be made aware of what is going on. The ARC is expected to
be there to answer any questions. Mayor Stuart stated that it was his understanding that
your questions would have to be written and submitted.

There were no Committee Meeting Updates

Mayor Stuart read the following announcement of meetings and upcoming events:
1. Building Committee Meeting, Thursday, September 15, 2011 6:00pm (canceled)
2. Community Relations Meeting, Monday, September 19, 2011 6:00pm City Hall
3. Finance Committee Meeting, Thursday, September 19, 2011 7:00pm City Hall
This meeting was previously scheduled for September 15, 2011
4. City Council Work Session, Thursday, September 29, 2011 6:00pm City Hall

Mayor’s Day Bike Ride – Saturday, September 24, 2011

Motion to adjourn made by Councilman Evans. Seconded by Councilwoman Gilbert.
Passed Unanimously 3-0.

Respectfully submitted by:

Vanessa Holiday, City Clerk Lee Stuart, Mayor
