---
date: 2011-03-14
title: March 14, 2011 Minutes
source: 2011-03/2011-03-14_March 14, 2011_Minutes.pdf
pages: 1
---

March 14, 2011

SUMMARY MINUTES
STOCKBRIDGE CITY COUNCIL
March 14, 2011

The Regular Meeting of the Stockbridge City Council was held on March 14, 2011 at 6:00 P. M. Mayor Lee
Stuart presided and members present were Mark Alarcon, Harold Cochran, Shirley Dabney, Fred Evans,
and Kathy Gilbert.
Motion to Convene made by Kathy Gilbert, seconded by Harold Cochran. Passed Unanimously.

The Invocation was by Mark Alarcon.
Pledge of Allegiance
Motion to Approve Minutes of the February 10, 2011 Special Council Meeting made by Harold Cochran,
seconded by Fred Evans. Passed Unanimously.
Motion to Approve Minutes of the February 14, 2011 Council Meeting made by Kathy Gilbert, seconded
by Fred Evans. Passed Unanimously.

Old Business

Resolution/Agreement - Presented by: Smith Welch & Brittain
Authorizing execution of Park Project Agreement between Eagle’s Landing Community
Association and the City of Stockbridge. Lindsay Hodgson from City Attorney’s office noted that their
office had not been tasked to complete anything further regarding this item. Councilwoman Kathy Gilbert
removed herself from the discussion and voting, as she was a member and on the board of the Eagles
Landing Homeowners Association. Motion to approve Resolution made by Councilman Evans, seconded
by Councilman Cochran. Councilman Alarcon wanted to go on record to state that he has received phone
calls suggesting that he was not in favor of the park. He wanted to clarify that he is not in opposition. He
has seen the drawings, and notes that this will be a beautiful park, however, his concern is, that the City
will endorse construction for the project to go forward without proper paperwork and documentation from
the adjacent properties. He will not support the Resolution at this time only because those documents are
not in place. Lindsay Hodgson noted that a letter had been sent to Private Restaurant Properties LLC on
February 28, 2011 seeking an easement, and to date, the response had not been received. Mayor Stuart
questioned whether there were two properties in question. Lindsay Hodgson stated that Eagles Landing
Property Inc. was also sent a letter on February 28, 2011, with no response as of yet. Mike Reis of the
Property Manager of Eagles Landing Community Association stated that he had spoken with the
proprietor today, Ms.Tawanna Watson, and that she was very excited about something being done with
the property. Mr. Reis state that Ms.Tawanna Watson had verbally agreed, and would sign any letter
needed to move forward. Mr. Reis stated that Ms. Watson asked what and stated that she was in
agreement with equipment on the property for maintenance. Mayor Stuart asked about the City’s liability if
the City elects to proceed without documentation. Lindsay Hodgson stated that there could be a trespass
issue, however noted that a verbal agreement is headed in the right direction, however, the easement is
the easiest way to go; it needs to be signed and in writing. Mayor Stuart suggested that the Resolution be
signed with the stipulation that no construction to begin without the signed letters from both property
owners. Councilman Alarcon agreed with the suggestion and called for an amended motion. Motion was
amended by Councilman Evans, passed unanimously.
New Business

Committee Meeting Quarterly Updates
Finance Committee – Chairperson – Mark Alarcon
Community Relations Committee – Chairperson – Mark Alarcon
Councilman Alarcon brought forward several items from the Community Relations Committee Meeting
and Finance Committee Meeting to amend the City’s 2011 Budget.
Music in the park had been removed from the 2011 budget. Councilman Alarcon made a motion to
increase the amount to $15,000.00 as had been discussed in the committee meeting. Councilwoman
Gilbert asked if the $15,000 was the historical amount of this item in the budget. Councilman Alarcon
noted that the historical amount had been $13,500.00 however, after discussion in the committee
meeting, and from citizens, there needed to be more funding of this event. Councilwoman Gilbert stated
that she did not recall that being discussed in the committee meeting, and that Peachtree Music would
need to be contacted to see if they were going to continue to carry out this event. Councilwoman Gilbert
suggested that Councilman Alarcon amend the motion not to exceed $15,000 and to get clarification from
Peachtree Music as to whether or not they would put on the Music in the Park events. Motion was
amended by Councilman Alarcon, seconded by Councilman Evans. Passed Unanimously.
Miranda Roberts spoke about Cities Week activities costing $250.00. Items include a Coloring Contest
and Word Find that will go out to all of the schools, a Geo Caching Scavenger Hunt for families,
Restaurant Week asking them to provide a coupon, and a cleanup for Panola Mountain, tours offered to
schools of City Hall and Treatment Plant.
Councilwoman Gilbert noted that there were not any Resolutions presented for these budget items.
Councilman Alarcon noted that he was bringing the items before Council to get a vote up or down
because Miranda could not go forward with items without the funds being put into the budget.
Councilwoman Gilbert stated that she doesn’t disagree with any of the projects; however, there was only
a report of updates listed on the Agenda. Councilwoman Gilberts asked Counsel whether or not the
Council was acting properly by voting on budget items without a Resolution. Lindsay Hodgson stated that
a Resolution could be prepared after the fact; however, she too was not prepared for items to be voted on
pertaining to budget items. Ray Gibson stated in the future, there should be separate items listed, and a
Resolution for each item. He also stated that he was unaware that there was going to be a vote on
amending budget items, but rather an update from the committee meetings. Mayor Stuart confirmed with
Ray Gibson that the Resolutions could be drawn after the fact. Councilman Alarcon agrees that the
documentation is something that will be there going forward, and that Budget Amendments had
previously been done twice a year, and that the City is going to amend the budget quarterly going forward
to keep everyone more abreast of the happenings of the City.
Miranda Roberts spoke about the upcoming Memorial March, held on the morning of Memorial Day
where the streets would be lined with flags and march from Clark Park to Memorial Park and back to
Clark Park. Participants would receive a t-shirt and breakfast upon completion of the walk. Budgeted cost
is $2500. Includes signage, flags, t-shirts and breakfast and water if not sponsored.
Councilman Alarcon made a motion to adopt Cities Week Resolution not to exceed $250, seconded by
Councilman Evans, passed unanimously.
Councilman Alarcon made a motion to adopt the Memorial March Resolution not to exceed $2500,
seconded by Councilman Evans. Passed unanimously.

Miranda Roberts stated that she had put together a ghost budget for Fall Festival. This would be a new
event, and needs to move quickly to put together that the City could be proud of. Clark Park is the
anticipated location. Councilwoman Gilbert asked if some of the funds could come from Hotel/Motel tax
because this event would be promoting the City. Treasurer Annette Anderson responded, yes.
Councilman Alarcon made a motion to adopt the Fall Festival Resolution not to exceed $27,000.
Councilman Evans wanted to clarify that this was not Ole Stockbridge Days, and an event in the fall.
Councilman Alarcon confirmed. Councilman Evans seconded the motion. Passed unanimously.
Councilman Alarcon stated that in light of our new website being developed, the recommendation is being
made that the City reduce copies being printed of the Link, and making it an online publication.
Councilman Alarcon made a motion to reduce the budget from $16,000 to $8,250. Councilman Evans
asked if there had been any discussion of printing the Link as a newspaper leaflet since it’s only printed
quarterly, it would be cheaper. Councilman Alarcon stated that that was not one of the options that were
discussed, although there had been other suggestions. Councilwoman Gilbert stated that not everyone
subscribes to the newspaper as in the past. Research would need to be done to see if that is a good
option. Ray Gibson stated his concern of cutting the budget in half, and then being committed to doing it a
certain way and a plan has not been finalized. Councilman Alarcon stated that the budget can be
amended; but we need to tighten our belts. Councilwoman Gilbert suggested that this item be moved to
the next quarterly budget meeting. Councilman Alarcon rescinded his motion, and made a motion to table
this item, seconded by Councilwoman Gilbert. Passed unanimously.
Councilman Alarcon spoke about the Advertising Budget, and noted that it was not sufficient for a City of
this size. Councilman Alarcon made a motion to amend the Advertising Budget not to exceed $20,000,
seconded by Councilwoman Gilbert. Passed unanimously.
Councilman Alarcon noted that there was $80,000 removed for signage from the 2010 budget.
Councilman Alarcon made a motion for a City Communications Sign not to exceed $100,000. No Second.
Motion Failed.
Councilman Alarcon spoke regarding the Existing Parks Improvements. He stated that there had been
miscommunication about the amount. After speaking with individuals from Henry County Parks and
Recreation, and various vendors, it was determined that not a lot can be done with the current $100,000.
Councilman Alarcon made a motion to add an additional $100,000 for Park Improvements for the 2011
budget. Councilwoman Dabney stated that in the committee meeting, it had been discussed that there
would need to be $300,000 - $400,000 for park improvements, and asked if the totals had been changed.
Councilman Alarcon stated no, and that this was pretty much a starting point, and as we get closer, we
can amend the budget and elevate the amount in the next 3 months. Councilwoman Dabney stated that
there was discussion of re-doing the tennis courts and paving projects. Councilwoman Gilbert stated that
the discussion was whether or not SPLOST funds could be used. Councilwoman Gilbert stated that she
had researched the option of taking the SPLOST III funds that were not going to be used on a project,
particularly the Bypass Project, and the legal opinion at this point is that the City cannot use SPLOST III
funds for anything other than property acquisitions for parks and recreations, or refurbishing/fixing the
fountain at Municipal Park and that those funds were being looked at as if they would be included and
more funds would be available under the SPLOST budget. Councilwoman Gilbert stated that she was
exceedingly uncomfortable with making these kinds of decisions without a Resolution in hand, and does
not agree with amending the budget for these amounts of monies with a plan or a Resolution. Councilman
Alarcon noted that this item was discussed in the committee meeting and at the previous Work Session.
Council meeting Alarcon noted that there would be a Parks Committee established, and calls a Town Hall
Meeting with vendors to present information on Parks. The second Town Hall Meeting to consist of
citizens only. Then the City would issue an RFP and voted on by Council on May 9, 2011.
That’s the Outline. The City’s parks are dated, and need to be improved and enhanced. Councilman
Alarcon restated the motion to add an additional $100,000 to the Parks and Improvements line item. Ray
Gibson suggested a Parks Committee to meet next week and issue the RFP first. Councilwoman Gilbert
confirmed, and asked if a list of committee members is in place for tonight. Councilman Alarcon
responded no, but wanted to move forward with this item of improving the parks. Councilwoman Gilbert
asked where the additional $100,000 was coming from in the budget. Councilman Alarcon responded that
the additional $100,000 for parks would have to come out of the General Fund due to the information
from Counsel regarding SPLOST III; although puzzled as to why McDonough was able to amend their
SPLOST III and use for parks, and we are not. Councilman Alarcon reiterated that the parks are run down
and the improvements need to be made no matter where the funds come from. Councilman Evans asked
if the installation could be done in-house. Ray Gibson responded no, as this was not recommended.
Councilman Evans noted that if you took the $200,000 and divided that up amongst three parks to
$65,000 for each park, you are not going to get a lot of playground equipment for $65,000 if that figure
includes installation. Ray Gibson stated that they went through the books and saw some workable
designs. Councilman Alarcon noted that with the economy, you can get some equipment turnkey.
Councilman Evans asked if the City was aware that there are grants available for this type of project.
Councilman Alarcon noted that he was not aware, but it may take a year or two to get the money. Mayor
Stuart stated that the parks need to be improved. Councilwoman Gilbert and Ray Gibson both agreed on
a phased plan. Councilman Alarcon noted items from the Finance Committee Quarterly Update, 2011
Budget Line Items for reductions Executive Vehicle - $25,000, Admin. Records Management $40,000,
Admin/Newsletter - $8,250, Government Bldgs/Site Improvements - $178,337, Capital Projects/Tunnel –
$582,840., we are close to $800,000 to make some judgment calls on tonight, and still save over
$500,000.. Councilwoman Gilbert stated that the Tunnel Funds are suspect because that is a Federal
Earmark because we are not going forward with that project. That’s not ours. We never had it. Ray
Gibson agreed, and further stated that the City had a match of $428,000. Councilwoman Gilbert asked if
the $582,480 is in the General Fund. Ray Gibson responded no, and that Councilman Alarcon wants to
have these funds transferred to the General Fund. Councilman Alarcon stated that the $582,000 is there
doing nothing and wants to move those funds back to the General Fund Councilman Evans seconded the
motion, and asked the Council to be prepared because the budget will need to be amended again.
Passed unanimously.

Item #2 – Variance Request- Presented by Stacey Jordan, Planner II
Applicant: Elizabeth Nguyen Agent: Diamond Real Estate – Vicky Loyo
Location: 5128 North Henry Blvd. Land Lot: 59 of the 12 District
Parcel ID: S12-01-012-004
Request: Variance from Article XI. Parking and Loading
Proposed Use/Purpose: Allow 21 parking spaces to be acceptable to fully lease the property, regardless
of the tenant mix.
Stacey Jordan with the Henry County Planning and Zoning office presented the item stating that this is a
variance request in a parking strip that has 4 spaces, 3 of which are occupied. There are 21 parking
spaces, and the fourth tenant space has been unable to receive a tenant with an approved business
license due to parking restraints. The applicant has a prospective tenant that wants to open a café type
business. That type of business requires 37 parking spaces for a variance of 16 parking spaces. The
tenant mix is the issue, and is what is causing the parking space issue. The HCP&Z does not find a
hardship and recommends denial of the request. Councilwoman Gilbert made a motion to deny the
request. Vicky Loyo – agent for the applicant stated that the business would only be for “to-go” orders,
with just a couple of tables for waiting. Pat Walters with Preferred Realty stated that the City needs to be
aware of all of the vacant spaces and bank owned businesses. She further stated that the Council’s
decisions are taking away the ability to lease these spaces. Ms. Walters further stated that she is not with
or representing the applicant. Stacey Jordan stated the Ms. Walters is correct, and that the again, the
tenant mix is what is causing the issue. The tenant mix changes. Councilwoman Gilbert restated the
motion to deny, seconded by Councilman Evans. Motion passed 4-1. Councilman Alarcon opposed.

Item #3 – Variance Request- Presented by Stacey Jordan, Planner II
Applicant: Charles Pake
th
Location: 214 Ridge Run Land Lot 69 of the 12 District
Parcel ID: S10-05-022-000
Request: Variance from Section 3-7-146(f) (4) which requires a minimum fifteen foot (15’) side setback
for principle structures in the R-2 zoning district.
Proposed Use/Purpose: Allow a non-legal, non-conforming structure to be legal.
Stacey Jordan with the Henry County Planning and Zoning office stated that Mr. Pake wishes to construct
an addition to his house to enlarge a bedroom suite. At this point, Mr. Pake has been unable to obtain a
builders permit because the previous owner made an addition that has caused the structure to be non
legal and non conforming. To rectify the problem, the applicant would need to purchase additional
property from his neighbor, request a variance from the Council, or demolish the addition from the
previous owner. Mr. Pake stated that the previous addition was made in the early 1980’s. Councilman
Evans asked how far the setback would be; Mr. Jordan responded that he would be encroaching by 6
feet. Councilman Alarcon asked if there had been opposition from the neighbors. Stacey Jordan stated
that he was unaware of any opposition. Mayor Stuart called for anyone in opposition and in favor. Charles
Pake stated that he moved into the home ten years ago and has made man improvements. He was
unaware that he was in violation of the code, and will abide by the Council’s decision. He would like to
continue to make improvements to the home, and improve the property value. Mr. Pake further stated that
there was not issue from his neighbors, but the one neighbor says it would not be feasible to sell the
piece of property because it would make her property sub-standard or an incomplete lot. Motion to
approve made by Councilman Evans, seconded by Councilman Cochran. Passed unanimously.

Item #4 - Presented by: Smith Welch & Brittain
Ordinance – To amend Title 3 of the City of Stockbridge Code of Ordinances regarding “Finance”; to
amend Chapter 3.16 thereof entitled “Business and Occupation Taxes”.
Lindsay Hodgson stated that this is a follow up to the Resolution from GMA that local jurisdictions partner
with the Department of Revenue with the intent to increase collections. Motion to approve made by
Councilwoman Gilbert, seconded by Councilwoman Dabney. Passed unanimously.
Item #5 – Presented by: Smith Welch & Brittain / Ray Gibson, AICP
Resolution – Ratifying the execution and filing of ARC Community Choices Application for
Implementation Assistance – 2011.
Ray Gibson stated that the application was submitted on Friday, April 11, 2011 seeking assistance from
the ARC to coordinate with the City to prepare an Overlay District for Hwy.138 which will create an
Ordinance in order to implement design standards, and streetscape improvements, The Mayor and four
Council Members did sign the application. This act is the formal Resolution to support the application.
This is implementing the Joint County Cities Comprehensive Plan 2030. Throughout that document it
does state that the Council supports Quality Growth Principals. Ray further stated that this is an initiative
moving in that direction. Councilwoman Gilbert stated that her concern with this was that the Resolution
needed to be adopted in the open, and made a motion to approve. Seconded by Councilman Evans.
Passed unanimously.

Item #6– Presented by: Smith Welch & Brittain
Ordinance – To amend Title 3 of the City of Stockbridge Code of Ordinances regarding “Finance”; to
amend Chapter 3.30 thereof entitled “Procurement”; to reflect changes in the City Personnel Structure.
Lindsay Hodgson stated that this reflects the changes of the new position of City Administrator as it
relates to procurement. The changes were made from City Manager to City Administrator. This
Ordinance also caps procurement at $10,000. Motion to approved made by Councilman Evans,
seconded by Councilwoman Gilbert. Passed unanimously.

Item #7 – Presented by: Smith Welch & Brittain
Ordinance – To collect Convenience Fee for Municipal Court online payments.
Lindsay Hodgson stated that this was brought to their attention by Vanessa Holiday. As a convenience,
this fee will allow citizens to make payments conveniently online. The Ordinance will be amended from
surcharge to convenience Motion to approve made by Councilwoman Gilbert, seconded by
Councilwoman Dabney. Passed unanimously.

Agenda Requests
Item #8
Cobblestone Square - Presented by: Ray Gibson AICP, Interim City Administrator
Preferred Realty – 5353 N. Henry Blvd. Patricia Walters – Real Estate Broker
Request for church and extension for existing church - Unit 103, 105, 107.
Ray Gibson stated that this request is to allow churches. He stated that he had visited the site today as it
relates to a sports bar in the former Ace Hardware location. Ms. Walters stated that there is not a lease at
this time, and is just talk at this time. However, there is an applicant for one church in the shopping
center. Ms. Walters noted that Council had previously approved the units for churches previously, but
after two months of free rent, those churches are no longer there. Councilman Alarcon noted that Ms.
Walters needs to be aware that and advise the tenant, that they must come back in six months to renew.
Ms. Walters made Council aware that these are desperate times, and would love to get a doctor, dentist
or retail. But right now, they will take what they can get. Councilwoman Gilbert reiterated the six month
renewal and that the church needs to be seeking a permanent location. Councilman Alarcon made a
motion to approve. Seconded by Councilman Cochran. Passed unanimously.

Motion to convene to Executive Session made by Councilwoman Gilbert, seconded by Councilman
Evans.

Councilman Alarcon asked if there were any Public Comments that they be allowed to speak prior to
Executive Session.

Anthony Ford, President of the Monarch Village Homeowners Association stated concerns of the
sanitation schedule change.
Motion restated to convene to Executive Session made by Councilwoman Gilbert, seconded by
Councilman Evans. Passed unanimously

Executive Session
q C. To consult or meet with legal counsel pertaining to pending or
potential litigation, settlement, claims, administrative
proceedings, or other judicial actions brought or to be brought by
or against the City or an officer or employee or in which the officer
or employee may be directly involved; O.C.G.A. §50-14-1 and
O.C.G.A. §50-18-72 (e).

Councilwoman Gilbert made a motion to reconvene Regular Session, seconded by
Councilman Cochran. Passed Unanimously.

Councilwoman Gilbert made a motion to sign a Resolution to sign an Executive Session
Affidavit to be signed by the Mayor, seconded by Councilwoman Dabney. Passed
unanimously.

Announcement of Upcoming Meetings & Events
1. Building Department Committee – Thursday, March 17, 2011 5:30pm City Hall
2. Finance Committee Meeting, Thursday, March 17, 2011 6:00pm City Hall
3. Community Relations Meeting – Monday, March 21, 2011 6:00 pm City Hall

COMMUNITY MEETING
HOSTED BY DISTRICT 5 COMMISSIONER – BRUCE HOLMES
TH
SATURDAY, MARCH 19 AT 9AM
FAIRVIEW RECREATION CENTER

Motion to adjourn made by Councilman Evans, seconded by Councilwoman Gilbert. Passed
unanimously. Passed unanimously.

Respectfully submitted by:

Vanessa Holiday, City Clerk Lee Stuart, Mayor
