---
date: 2013-08-12
title: August 12, 2013 Minutes
source: 2013-08/2013-08-12_August 12, 2013_Minutes.pdf
pages: 1
---

August 12, 2013

COUNCIL MEETING MINUTES (Revision)
CITY OF STOCKBRIDGE
MONDAY, AUGUST 12, 2013 6:00 pm

City Council
Administration
Mark Alarcon, Mayor
David A. Milliron, City Manager
Richard Steinberg, Mayor Pro Tem
Rhonda A. Blackmon, City Clerk
Robin Buschman, Councilwoman
Bill Linkous, City Attorney
Harold Cochran, Councilman
Shirley Dabney, Councilwoman
Alphonso Thomas, Councilman

Call to Order – The Mayor called the meeting to order at 6:10pm.

Invocation was provided by Tyrone Anderson

Pledge of Allegiance was recited in unison

The Mayor asked for a moment on behalf of the fallen DeKalb County Police Officer, Cluster,
who was a City of Stockbridge resident. The Mayor talked about the difficulty of talking about
some of our agenda items in relation to this event.
Adopt Agenda; Richard Steinberg made a motion to amend the agenda moving #9 to follow
#13 and to insert Executive Session prior to item #9 (#13); Shirley Dabney made a second; the
motion was approved 5-0.

Approve Minutes: Work Session July 2, 2013

Council Meeting July 8, 2013

Special Called Meeting July 16, 2013

Special Called Meeting July 25, 2013

The Mayor made a motion to engross the above minutes as one motion; Richard Steinberg
made the motion; a second was made by Robin Buschman; the motion was approved 5-0.

CONSENT AGENDA

Item # 1 - Presented by Mark Alarcon, Mayor

Resolution – Reimbursement on projects starting before the receipt of SPLOST IV funds

Proclamation – National Payroll Week

Resolution and Proclamation – Henry County Police Department

Resolution and Proclamation – Henry County Fire Department

Resolution and Proclamation – Henry County Emergency Management Agency and 911

Richard Steinberg made a motion to approve the consent agenda as stated; a second was
made by Harold Cochran; the motion was approved 5-0.

The Mayor then asked Donna Clanton, Regina Chatham and Judy Perkerson to come forward
to present to them the National Payroll Week Proclamation. The Mayor read through the
proclamation as he presented it to the group.

PLANNING & ZONING
Item # 2 - Presented by David Milliron, City Manager

Public Hearing – Komisarow Enterprise, LP seeks a zoning variance to Section 3-7-192 (c)(1)
to reduce the required buffer from 40 feet to 3 ½ feet. Mr. Milliron went over the variance and
explained the process for the public hearing. The Mayor stated that this is the proposed location
for Krispy Kreme and that this is just an extension of what is already in place to be transferred to
the new applicant. The Mayor asked if Council had any questions. The Council had no further
questions.

The Mayor then called Mr. Michael Hicks with Commercial Sight Design forward to present to
the Council. Mr. Hicks explained that the existing building would be torn down and a new one
built of approximately 2,500 square feet with a drive thru element. Mr. Hicks stated that the
specific variance request is related to the exiting retaining wall on the Northside of the property
and a drive aisle. These are within that 40 foot buffer. The retaining wall and the drive aisle will
remain but the new building would be closer to Hwy 138. Richard Steinberg asked when
construction was to begin and Mr. Hicks stated as soon as they get permits. The Mayor
thanked Mr. Hicks.

The Mayor opened up the public hearing at 6:33pm for anyone to speak for or against the item.

There were no comments.

Richard Steinberg made a motion to accept the proposal; a second was made by Harold
Cochran; the motion was approved 5-0.

Item # 3 - Presented by David Milliron, City Manager

Public Hearing – Drapac Investments, LLC requests to modify conditions outlined in the
development agreement for the Pine View Subdivision regarding minimum house size and
building materials. The Mayor asked for the presenter for Drapac to come forward. Jim
Garrigus introduced himself and gave some background on Drapac Investments. He then
stated that this subdivision is 77 lots and considered a cluster home community from 2001. The
final plat was recorded in January 2006. They do not want to change the lot sizes but wish to
reduce the number of lots from 77 to 72 as there are some orphan lots in the front that would be
turned into common space. Mr. Hicks stated that in the original development agreement, the
minimum sizes were 1600, 1700 and 1800 square feet. In 2006, the sizes were amended to
1800, 2000 and 2200 square feet. The applicant is requesting to have the designated lots
shown in pink to go back to the original minimum sizes of 1600, 1700 and 1800 square feet as
the bottom row backs up to the railroad tracks and the interior blocks are backing into one
another. They are not sure that they will build at that small of a size but they do want the
flexibility.
The second request is not to change any building materials from the list of brick, stone, stucco
or hearty plank and that 1/3 of the homes front façade be built by any of the listed materials; 1/3
front façade only be out of brick and stone; the last 1/3 with the accent wall, is written to be 50%
accent on the front façade be brick or stone. The request is to have the 50% percentage be
lowered to 30% to give them some flexibility. Mr. Hicks stated that when you have 50%, it is
awkward to have half of the house with accent materials. Richard Steinberg stated that they
had not seen pictures of the differences and he would like to see visuals. The Mayor stated that
Henry County took initiative to do 50% for a reason and he agreed with those reasons of it
elevating the cost of the buildings and it makes the buildings more attractive esthetically. Mr.
Garrigus then showed some examples of the different facades with various percentages of
coverage of materials. Richard Steinberg stated that at the work session, Ms. Coleman had no
recommendation and he then asked Ms. Coleman if she is still acceptable with 30, 40 or 50%
based on what the County was doing. Ms. Coleman stated that after speaking with the County,
they stated that the 50% was done in a development agreement after the zoning conditions
were put together and it was done on the city side as it was negotiated with the City Manager
and the City Council and the no recommendation given was based on it being a Council action.
Ms. Coleman’s recommendation is that 40% would be acceptable based on the allowable
materials. She stated that the applicant is only asking for a little flexibility with the last 1/3 of the
homes. The 40% accent is what staff would recommend. Richard Steinberg stated that 40% or
50% is fine but the 30% is a little too far.

The Mayor opened up the public hearing at 6:46pm for or against this item.

There were no comments.

Mayor called for a motion to support the 50%; Harold Cochran made a motion for 50% façade; a
second was made by Shirley Dabney; the item was approved 3-2 with Richard Steinberg and
Robin Buschman opposed.

Mr. Milliron asked to approach the bench.

The Mayor went back for the record to clarify the motion saying that when he said he would
entertain a motion for conceding to all concessions asked for at 50% or to maintain a 50%
frontage, that was not legally perfected enough so he wanted to go back and clarify that we are
allowing the reduction in home size, not lot sizes but we are allowing them to go back to the
original house sizes but we are not conceding for the 50% façade front of the masonry product.
Mayor clarified again for Council that they are not conceding for the 50% masonry frontage but
they are conceding to reduction in the house sizes and not the lot sizes. Ms. Coleman read the
sizes into record; applicant is seeking home sizes in the following square footages; 1/3 minimum
of 1800 square feet; 1/3 minimum of 2000 square feet; 1/3 minimum of 2200 square feet; 1/3
minimum of 1600 square feet; 1/3 minimum of 1700 square feet and 1/3 minimum of 1800
square feet and these are indicated on the updated site plan that was submitted to staff. The
Mayor then stated that we have read these house adjustments into the record and Council is
conceding to the changes in the home sizes yet we are firm on the 50% on the masonry front.
The Mayor asked Bill Linkous to read the motion into the record and Mr. Linkous said that would
be that the variance be approved with the house sizes that were read into record by the City
Planner but with the 50% level of the facades. A motion was made by Shirley Dabney; a
second was made by Robin Buschman; Richard Steinberg made the comment that he is not
opposing the reduction of the lot sizes but that he is willing to concede on the frontage
percentage so his vote will reflect that; the motion was approved 4-1 with Richard Steinberg
opposed.

NEW BUSINESS

Item # 4 - Presented by David Milliron, City Manager

Ordinance – Job Descriptions for Chief of Police and Director of Information Technology
Director, Organizational Chart, Pay Scale. Mr. Milliron went over the items and noted that they
were discussed at the prior Work Session. Robin Buschman made a motion; a second was
made by Shirley Dabney; Richard Steinberg wanted to clarify with Mr. Milliron that the salary is
enough to attract the applicants with the proper credentials to fill this position. Mr. Milliron
explained his experience with the recruitment process and the pay range; the motion was
approved 4-1 with Alphonso Thomas as opposed.

The Mayor then asked for a moment of personal latitude before moving forward.

Sgt. Lawson’s mother was introduced to the audience and a short video was played on behalf of
the fallen soldier and others. Sgt. Lawson was a resident of the City of Stockbridge.

Item # 5 - Presented by David Milliron, City Manager

Ordinance – Voluntary Annexation of 502 Country Club Drive; Mr. Milliron stated that this is a
100% method. This is one that fell through the cracks in the past as it has already been vetted
through all of the processes but it never came to Council. Harold Cochran made a motion; a
second was made by Shirley Dabney; the motion was approved 5-0.

Item # 6 - Presented by David Milliron, City Manager

Resolution – Donation of Stockbridge Garden Club to the City; Mr. Milliron said that the Garden
Club wants to donate the property and building at 104 Club Drive with the only stipulation that
they may continue to use the building for their meetings. The City Council can choose what is
to be done for use of the building if this is approved. Richard Steinberg made a motion; a
second was made by Harold Cochran; Richard Steinberg wanted to make sure for the record
that at the Work Session he had called on the City Attorney to confirm that the club could still
use the facility at no charge; the motion was approved 5-0. The Mayor took a moment of
personal privilege to take a photo of Council with the Garden Club ladies. Mr. Milliron then
stated for the record that the Council’s action was to accept the donation and he stated that the
official closing will be handled administratively.

Item # 7 - Presented by David Milliron, City Manager

Resolution – Publix Detention Pond at Eagles Landing - Letter of Recommendation of Award;
Mr. Milliron said it was a pleasure to work with Falcon Design on this process. He then deferred
to Adam Price. Mr. Price stated that the pond is finally at the point of repair. They did add a
contingency to the bid of $50,000.00 to the plan for repair of the dam. Adam stated that
Georgia Development Partners was the lowest bidder and they are working on the Berry
Streetscape Project; Robin Buschman made the motion; a second was made by Richard
Steinberg; the motion was approved 5-0.

Item # 8 - Presented by David Milliron, City Manager

Resolution – South Berry Streetscape Project - Letter of Recommendation of Award; the Mayor
again commended the Council in working diligently on this project. This is a project that is in
need for safety and for beautification of the community. Mr. Milliron stated that this was to
award Glosson Enterprises, LLC of Acworth, Georgia for $137,787.51. Mr. Milliron personally
commended Falcon Design on working through this with the City and making sure everyone
was vetted and backgrounds checks, etc. He also wanted to commend Falcon Design for
working with the City. Mr. Milliron then called Adam Price up again. Mr. Price also commended
Mr. Skip Layton who has worked with him on the project. There were some comments from a
few of the bidders on the project saying that they bid it up if they win great, but if they don’t, they
would really not have time to do it. This company is currently working on a CDBG project and
were given high remarks. Richard Steinberg asked Mr. Price if in his experience if he had ever
seen a spread in bids such as this spread. Mr. Price said that he has seen these kinds of
spreads in the past often. He stated that it was not normal but that is why they called around
and vetted the company. Mr. Thomas thanked Mr. Price for their hard work on this project and
he thanked the Council for pushing forward on this project. He also thanked the citizens for
their input year after year. Mr. Thomas said that some thought this to be a residential street but
in fact, this is a city street which will affect all motorists that ride the streets of Stockbridge;
Alphonso Thomas made a motion; a second was made by Shirley Dabney; the motion was
approved 5-0.

Item # 10 - Presented by David Milliron, City Manager

Ordinance – Amendment to ordinance so as to allow Home Brew competitions; Mr. Milliron
stated that this is a revision to the current section in our current ordinance. Staff was also asked
to prepare an ordinance regulating Home Brew competitions; this is not it. Staff is cleaning up
some verbiage in the existing ordinance. That is being done now but that is not this ordinance.
Shirley Dabney made a motion; a second was made by Robin Buschman; the motion was
approved 4-1 with Alphonso Thomas as opposed.

Item # 11 - Presented by David Milliron, City Manager

Ordinance – Creation of the Stockbridge Police Department; Mr. Milliron stated that this is a
historical moment. This is a piece of legislation that would create the Police Department in the
City. Richard Steinberg made a motion; a second was made by Robin Buschman; the motion
was approved 4-1 with Alphonso Thomas as opposed.

Item # 12 - Presented by David Milliron, City Manager

Ordinance – Police Department Duties and Functions; Mr. Milliron stated that this will assign
the duties and authorities pertaining to the police department. Harold Cochran made a motion;
a second was made by Robin Buschman; the motion was approved 4-1 with Alphonso Thomas
as abstained.

Item # 13 - Presented by David Milliron, City Manager

Presentation – Got an app for that? The Mayor talked about the difficulty in capturing the
needs of the citizens. This would be an additional tool to be able to capture more of the needs
for the community. SeeClickFix; Mr. Milliron went through a presentation on how this
application works and what the application would look like on your phone. Mr. Milliron then
showed a short video.

Richard Steinberg made a motion to go into Executive Session for Items F and G; a second was
made by Robin Buschman; the motion was approved 5-0.

EXECUTIVE SESSION (Exemptions to the Georgia Open Meetings Act)

 F. Meeting to discuss or deliberate upon the appointment, employment, compensation, hiring,
disciplinary action or dismissal, or periodic evaluation or rating of a public officer or employee as
provided in Georgia Code section 50-14-3(b)(2).

 G. Meeting to interview one or more applicants for the position of the executive head of an agency as
provided in Georgia Code section 50-14-3(b)(2).
Robin Buschman made a motion to come out of Executive Session; a second was made by
Harold Cochran; the motion was approved 5-0.

Robin Buschman made a motion for the Mayor to sign an affidavit for items F and G for the
Executive Session; a second was made by Richard Steinberg; the motion was approved 5-0.

Richard Steinberg made a motion to reconvene to the regular meeting; a second was made by
Harold Cochran; the motion was approved 5-0 and the meeting reconvened at 8:38pm.

Item # 9 - Presented by David Milliron, City Manager

Resolution – Appointment of Treasurer and Chief Fiscal Officer; Mayor entertained a motion to
appoint Mike Bush as Treasurer and Chief Fiscal Officer at $89,000 annually; a motion was
made by Robin Buschman; a second was made by Harold Cochran; Richard Steinberg read a
request that his fellow councilmembers withdraw their motions. He wishes to do his own
background checks on this candidate. Alphonso Thomas stated that the position of Treasurer is
a Council appointed position and not staff. He stated that he just saw the application of this
person and that they have not had time to vet these applicants and he is against this process
and he will vote against this process. He also requested that this process be overturned; the
motion was approved 3-2 with Alphonso Thomas and Richard Steinberg as opposed.

ANNOUNCEMENT OF UPCOMING MEETINGS & EVENTS

All Meetings Will Be Held At City Hall Unless Otherwise Noted. Meetings dates and times are
subject to change so please confirm with City Hall at 770.389.7900 or via
www.cityofstockbridge.com

1. August 15 @ 3:30 pm: Downtown Development Authority Meeting

2. Qualifying for the 2013 Municipal Elections (Mayor and two City Council seats) will be held
from Monday, August 26, 2013 through Friday, August 30, 2013 between the hours of 8:30
am and 4:30 pm. The office will be closed for lunch each day between 1:00 pm and 2:00
pm. Citizens wishing to qualify for any of these offices may qualify with the City Clerk at
Stockbridge City Hall, 4640 North Henry Boulevard, Stockbridge, GA 30281.
3. City Hall will be closed on Monday, September 2, 2013 in recognition of Labor Day.

Holiday Sanitation Schedule:

- No Sanitation Service on Labor Day

- No metal or bagged yard debris pick-up this week

- Chipper will run on Tuesday and Wednesday or as needed

- Tuesday-Friday sanitation routes will run as normal

PUBLIC COMMENTS

The Public Comment session is an opportunity for citizens to address the Mayor and Council on items specific to the
published agenda. This is not a public question and answer session. The Mayor will recognize individuals to speak,
whom are requested to confine their comments to no more than three minutes. Please state your name and address
for the record prior to speaking on your topic.

There were no citizens that came forward for any public comments.

Motion to Adjourn; a motion was made by Harold Cochran; a second was made by Shirley
Dabney; the motion passed 5-0; the meeting adjourned at 8:46pm.

RESPECTFULLY SUBMITTED BY:

Rhonda A. Blackmon, City Clerk Mark A. Alarcon, Mayor
