---
date: 2015-09-29
title: September 29, 2015 Minutes
source: 2015-09/2015-09-29_September 29, 2015_Minutes.pdf
pages: 1
---

Pagell

APPROVED MINUTES
WORK SESSION
Cl I Y OF STOCKBRIDGE

TUESDAY, SEPTEMBER 29, 2015 6:00 PM

Mayor & City Council Administration
Tim L Thompson, Mayor Michael Harris, Gty Manager
AlphonsoTnomas, Mayor Pro Tern Vanessa Holiday, City Clerk
Robin Buschman, Counoilwornan Randi Rainey, Deputycity Clerk
Anthony 5. Ford, Councilman Michael Vlﬁlliams, City Attorney
LaKeisha Gantt, Councilwormn

Regina Lewis Vllard, Councilwoman

Mayor Thompson called the Work Session meeting to order at 6:03pm. City Clerk, Vanessa Holiday
was asked to proceed with a verbal roll call. Council members Anthony Ford, LaKeisha Gantt and

Regina Lewis Ward were present; Councilwoman Buschman and Mayor Pro Tem Thomas were
absent, a quorum was confirmed.

Invocation was provided by Councilwoman Gantt.

The Pledge of Allegiance was recited in unison.

Councilman Ford made a motion to adopt the Agenda as printed; second by Councilwoman Gantt;
the motion passed 5-0.

Mayor Thompson noted Draft Minutes of 7/28/2015, 8/10/2015, and 8/25/2015 will be presented
at the October 12, 2015 meeting for approval.

PUBLIC COMMENTS
All persons wishing to speak for public comment must sign in with the City Clerk prior to the
beginning of the meeting. You must sign your name, address, and phone number. You will be
able to address the Mayor and Council for three (3) minutes. Speakers must respect all
members of the elected body, officials, and staff. Defamation, unruliness and/or swearing will
not be tolerated while meetings are in session.

Mike Moon presented the City with a Book of History of Martin Luther King, Sr. "Daddy King" &
the King family history.

Elton Alexander spoke regarding the City ending litigation, veto ofthe budget amendment, the
MLK, Sr. Trail approval and YTD legal fees.

Wendell Moore spoke regarding grass cutting, establishing citizen committees, legal expenses
and phasing in a police department.

Leonard Yancey spoke regarding the enforcement of the noise nuisance code.

September 29, 2015 6:00pm 4640 N. Henry Blvd. Stockbridge, GA 3028] Phone: (770) 389-7900
P a g e [2

Kathryn Vallish spoke in favor of the City amending the Growlers Ordinance.

Lee Stuart spoke regarding his lawsuit vs. the City, comparison of City Attorney's fees, Code
Enforcement and the Sign Ordinance.

OLD BUSINESS
Item #1 —
Veto
Ordinance/Budget Amendment 2015-004

Presented by: Mayor Thompson
At the request of Mayor Thompson, City Clerk, Vanessa Holiday read the Mayor's veto letter
aloud.

Councilwoman Gantt asked Linda Nabers, Treasurer to clarify information in regards to line item
10015100-521-217 Legal Fees.

Councilwoman Gantt inquired as to whether or not ongoing litigation, the SDS negotiations and
the DDA litigation was part of the budget amendment and also asked if the money has been
spent. Ms. Nabers responded yes, and that the money had not been paid yet; however there are
invoices still coming in and she recognizes the City may not have the funds to cover them.

Councilwoman Gantt asked what the City recommends. Ms. Nabers expressed as the Treasurer,
she would pull from the Fund balance to not jeopardize any other services.

Councilwoman Lewis Ward clarified if the veto was sustained, the obligation to pay legal fees
would still be there. Ms. Nabers state she feels certain and there are contracts that are ongoing
with lawyers that represent the City.

Councilwoman Lewis Ward asked if the budget is balanced. Ms. Nabers replied that it is at the
moment. However, if the City continues with the legal issues, they would have to pull from another
service line item to fund them.

Mayor Thompson stated he would like to negotiate the best for the citizens; and did an analysis on
the legal fees generated. Mayor Thompson further stated the year 2014 had the most legal fees
ever spent; and explained the normal operating procedures came up to $114,557.76 for a year,

DDA litigation was $375,647 and Council negotiated a contract for $150,000 for the City Attorney
without having any details or information. Mayor Thompson noted the purpose of the veto is to get
Council together to work towards more prudent decision making.

Councilwoman Lewis Ward asked Mayor what he recommends doing with the invoices coming in.
Mayor Thompson replied he wants to renegotiate the City Attorneys contract.

Councilwoman Lewis Ward stated for the record she opposed the contract.

Councilman Ford noted he believes any type of employee contract should be discussed in
executive session, and asked Mr. Williams if that was correct. Mr. Williams replied they have the
right to discuss in executive session, but it is not required.

Mayor Thompson asked City Attorney, Mike Williams if Council was able to override the veto
since Councilwoman Buschman abstained from voting. Mr. Williams explained there are a few
issues; one being the Charter requires that the override is sustained by a vote from the entire
Council. Mr. Williams suggests hiring another attorney to get the opinion due to the fact that he
was included in the veto.

September 29, 2015 6:00pm 4640 N. Henry Blvd. Stockbridge, GA 30281 Phone: (770) 389-7900
Page |3

Councilman Ford asked Treasurer, Linda Nabers if the $125,000 was an estimate for
potential/future litigation cost. Ms. Nabers responded yes. Councilman Ford stated the best way to
resolve this is by ending the litigation.

Ms. Nabers informed Council, year to date, the City is already at $310,000 with the obligation for
the $50,000 for the remainder of the year with the City Attorney. Ms. Nabers informed Council the
City has renegotiated with the insurance company with the liability to reduce cost.

City Clerk, Vanessa Holiday stated per the Charter, the City Clerk is to present the veto to Mayor
and Council, in which, Council can vote on at the next general meeting. Mrs. Holiday also stated
Work Sessions are not in the Charter and the next general meeting will be October 12, 2015. This
item will be presented at the October 12, 2015 meeting.

Item #2 —
2015 SHORT-TERM WORK PROGRAM (STWP)
Presented by: Dale Hall, Administration and Community Services Director

Dale Hall, Administration and Community Services Director presented the 2015 Short—Term Work
Program and Community Infrastructure and Enhancements (ST\NP/CIE). Mr. Hall stated the City
has received a letter recommending approval from the ARC (Atlanta Regional Commission). The
City also received a letter from the DCA (Department of Community Affairs) recommending
clarification on some minor items and subsequent approval. Mr. Hall mentioned this has been
fon/varded to the Public Works Director, and the Treasurer to correct any issues and clarify things.
Mr. Hall further stated this will be back in the next couple of weeks with minor notes.
This item will be presented at the October 12, 2015 meeting.

Item #3 —
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: 031$-01-023-000, 0315-01-024-000, 031$-01-025-000,
031$-01-026-000. Variance to reduce the minimum front and rear setbacks.
Presented by: Dale Hall, Administration and Community Services Director

Dale Hall, Administration and Community Services Director presented a Variance Request VR-
15-10-S Location: Langley Oaks Residential Subdivision, Lots 23, 24, 25, 26 Land Lot 5 of the
12th District; Parcel ID: 0318-01-023-000, 0318-01-024-000, 0318-01-025-000, 0318-01 -026-
000. The variance request is to reduce the minimum front and rear setbacks. Mr. Hall,
Administration and Community Services Director stated there was some concerns from the last
meeting on the front setback reduction moving as far from the rear property line to protect the
open space area from the Avian Forrest residents. There were also concerns about the front
setback being able to fit a vehicle in the front driveway.

Mr. Hall stated he met with the developer of the property Mr. Knight; and their recommendation
would encompass and address all four lots. Mr. Hall explained the recommendation was to reduce
the front setback on all lots to a 15 ft. minimum. The rear yard setback would have an 18ft.
minimum. This will allow the builder to come up with various building plans. Mr. Hall stated staff is
also recommending this because it will allow up to 15 ft. front setback, and additional 8ft. for the
rear setback, with a 24-25ft. driveway.

Councilwoman Lewis Ward asked Mr. Hall to explain Section 3—7-273. Mr. Hall responded the
criteria’s are set by the Georgia Planning Act that states there are seven criteria’s for Planners to
recommend approval. Councilwoman Lewis Ward inquired if criteria 1 has been met; Mr. Hall
stated it has not.

September 29, 2015 6:00pm 4640 N. Henry Blvd. Stockbridge, GA 30281 Phone: (770) 389-7900
Page [4

Councilwoman Lewis Ward asked Mr. Hall to explain criteria 3. Mr. Hall stated it is saying the
property will not have special privileges anyone else can have. Councilwoman Lewis Ward read
the statement for criteria 3. Mr. Harris chimed in and stated this is a variance and state code does
not allow for that size of a rear yard setback. Councilwoman Lewis Ward inquired if criteria 3 has
been met. Mr. Harris replied no they have not been met. They are being granted a provision that
is not an automatic allowance for anyone else; however, anyone can make the same request.

Councilwoman Lewis Ward asked if staff could read criteria 4 and inquired if this has been met.
Mr. Hall read criteria 4 and stated it may reduce the privacy of the owners, while the noise will
increase close by the street.

Councilwoman Lewis Ward stated several conditions have not been met and asked if staff
recommends approval. Mr. Hall responded not from a planning perspective, but from an economic
development perspective, the applicant will need to meet all 7 criteria’s.

Councilman Ford mentioned his concern was dealing with cars in driveways and not sticking out
and blocking the sidewalks; and stated the way things were described tonight will set things in
motion and allow for SUV’s to sit in the driveways.

Mr. Hall wanted to be more precise and stated Lot 26 is 44ft, from the building to the sidewalk, Lot
23 will be 24ft. from building to sidewalk, Lot 25 will be 32ft. from building to sidewalk and Lot 24
will be 25 ft. from building to sidewalk; with Lot 23 being the tightest. This item will be presented at
the October 12, 2015 meeting as a Public Hearing Item.

NEW BUSINESS

Item #4— Council Consideration —

City Partnership of “The Leader in Me”
Presented by: Mayor Thompson and Steve Cash, Henry County Council for Quality Growth —
This
item was not presented to the Council and would instead be moved to the October 12, 2015
Agenda.

Item #5— Council Consideration —
Probation Fees
Presented by: Stockbridge Municipal Court Judge Matthew McCord

Stockbridge Municipal Court Judge Matthew McCord stated the misdemeanor courts could
impose a probation sentence for up to 1 year. The purpose of the sentencing is to allow someone
12 months to pay off a fine. Mr. McCord stated felony level courts are managed by State probation
officers and misdemeanor courts are managed by probation officers who work for private
probation companies; which became a big issue last year when Sentinel Probation Services was
sued and the case went all the way to the Supreme Courts. The Supreme courts decided
misdemeanor sentences cannot be tolled any longer. This means if someone is a defendant and
was sentence 12 months of probation, but stopped paying after six months, they would still owe

the remaining six months. The Supreme courts stated probation can no longer be tolled. Mr.
McCord stated every sentence from 2012~2014 that was expiring for those who stopped making
payments had to have their warrants lifted and he released those who were being held under
those warrants.

Mr. McCord stated the balance for probation fees that had to be written off for 2013 that would
have been accounts receivable was $67,377 and for 2014 it was $63,548, 2015 has not been
released as of yet. This item will be presented at the October 12, 2015 meeting.

September 29, 2015 6:00pm 4640 N. Henry Blvd. Stockbridge, GA 30281 Phone: (770) 389-7900
Page |5

Item #6 —
Council Consideration —
PTO (Personal Time Off) Policy
Presented by: Renee Wheeler, HR Mgr.

Human Resources Manager, Renee Wheeler a proposed Leave Policy for Council's
consideration. Ms. Wheeler stated staff recommends going with Option 1. This item will be placed
on the Consent Agenda at the October 12, 2015 meeting.

Item #7 -
Council Consideration —
Amendment of Growlers Ordinance
Presented by: Dale Hall, Administration and Community Services Director

Administration and Community Services Director, Dale Hall noted what was presented before
Council was a draft Ordinance with an additional sentence added to Section 9.04.277(d). Mr. Hall
read section 9.04.277(d).

Councilman Ford stated there had been discussion on this item and that he is in agreeance to
pass the Ordinance; however, he feels this should not be placed on the Consent Agenda but
rather on the voting Agenda to have all members of Council voice their opinions.

Councilwoman Lewis Ward stated she noticed a clause was missing from the previous Ordinance
OR13-295. Mr. Hall stated to Councilwoman Lewis Ward, the only thing that will change is section
D of 9.04.277 where Councilwoman Lewis Ward deferred to Counsel. City Attorney, Mike Williams
stated that can be added in, however, it's not necessary. This item will be presented at the
October 12, 2015 meeting.

Item #8 -—
Council Consideration —
Reeves Creek Trail Dog Policy
Presented by: Michael Harris, City Manager

City Manager, Michael Harris stated current policy does not allow dogs on Reeves Creek Trail,
although he has seen dogs on the trail. Mr. Harris noted after some consideration, and speaking
with the governing body, he would like to revisit the issues, and have the policy reconsidered to
amend the current Ordinance to allow dogs on Reeves Creek Trail.

Councilman Ford stated he agrees with not having citizens register their dogs and thinks the dog
poop stations would accommodate citizens walking their dogs. This item will be presented at the
October 12, 2015 meeting.

Item #9 —
Council Consideration —
Creek Circle Streambank Restoration
Presented by: Kevin Walter, Public Works Director

Public Works Director, Kevin Walter stated this project is a major flooding mitigation project under
the Storm Water program that the City has been working on to obtain permits needed. Since then,
the City has received the permits and have put out a Bid, and would like Council to vote on the
lowest bidder in the amount of $210,020 at the next voting meeting.

Councilwoman Lewis Ward asked Mr. Walter to explain what bid security means. Mr. Walter
responded bid security guarantees the bidder will not withdraw their bid for 90 days. This item will
be presented at the October 12, 2015 meeting.

September 29, 2015 6:00pm 4640 N. Henry Blvd. Stockbridge, GA 30281 Phone: (770) 389-7900
Page |6

Item #10 —
Council Consideration —
S. Berry Street Sidewalk —
Phase II
Presented by: Kevin Walter, Public Works Director

Public Works Director, Kevin Walter stated this would finish out the Berry Streetscape project at
the south end of Berry Street and noted the City used CDBG grant money to pay for the project.
The City received six qualified bids and based on price only, Mr. Walter recommends Council
approve and award to Construction 57 in the amount of $139,470.40. This item will be presented
at the October 12, 2015 meeting.

DISCUSSION:

Item #11 Rezoning Request RZ-15-16-S

Rezoning request from R-3 (Single Family Residence) to C-3 (Highway Commercial)
for the property located at 771 & 791 Davis Road, in Land Lot 71 of the 12"‘ District.
The property consists of 1.27 +I- acre, and the request is for a tractor trailer
operating business.
Presented by: Dale Hall, Administration and Community Services Director

Administration and Community Services Director, Dale Hall stated the applicant is requesting a
rezoning from R-3 (single family residence) to C3 (highway commercial) to operate a tractor trailer
business. Mr. Hall stated there is an existing brick house located on the property in which the
applicant is looking to maintain as an office space. Mr. Hall mentioned there would be a gravel
driveway and parking lot, which in addition is a variance request that is asking for four items:
1) To not pave the gravel parking area;
2) To eliminate the requirement for landscaping on site;
3) The reduction of the building setback from 70 ft. to 30 feet;
4) To eliminate fencing for outside storage

Mr. Hall stated this was brought before the Planning Commission in which their first
recommendation from the ZAB (Zoning Advisory Board) Elton Alexander was denial for both the
rezoning and variance request. The motion failed the first time and was re motioned by the
remaining board members to recommend approval for both rezoning and variance request. Mr.
Hall stated the Future Land Use Map stated the property should be zoned commercial, but it
depends on what type of zoning is up to Council and staff.

Councilwoman Lewis Ward inquired on what type of business would accommodate the property,
Mr. Hall responded it will be a tractor trailer business where they will store the trailers on site.

Councilwoman Lewis Ward asked if the trailers would be for sale. Mr. Hall responded from his
understanding, they will not be for sale.

Rod Oglesby, the representative for the seller Mr. Cursey and the purchaser Paul Onyeayo of
Cobra Logistic, LLC. Came before Council and stated there will be four trucks with trailers which
would be used as a parking area. This item will be presented at the October 12, 2015 meeting as
a Public Hearing item.

September 29, 2015 6:00pm 4640 N. Henry Blvd. Stockbridge, GA 30281 Phone: (770)389-7900
Page |7

Item #12 —
Variance Request VR-15-14-S Location: 771 & 791 Davis Road
Land Lot 71 of the 12"‘ District Parcel ID: S02-05-010-000 & S02-11-000
Variance:
0 To reduce the front yard setback in the C-3 zoning district from 70 to 30 feet.
- To eliminate paved, dust-free surface requirement to allow gravel parking
0 To eliminate landscaping requirement.
c To eliminate fence requirement for outside storage.
Proposed Use: Tractor Trailer Operating Business.
Current Land Use: Single-family Residence —
Vacant.
The property consists of 1.27 +l- acres.
Presented by: Dale Hall, Administration and Community Services Director

Administration and Community Services Director, Dale Hall stated the information the Mayor read
goes in conjunction with the rezoning request. This item will be presented at the October 12, 2015
meeting as a Public Hearing item.

Item #13 —
Charter Amendment Discussion
Presented by: Michael Williams, City Attorney

City Attorney, Mike Williams noted if Council was in favor of a new version of the Charter, it would
need to be introduced to the General Assembly by a member of the legislative delegation. Mr.
Williams stated this would be a great time to have this discussion with the community and further
noted the basis of the starting point is using the GMA Model Charter, which has been modified to
mirror what the business operations have been forthe City.

Mayor Thompson read a statement regarding his disagreement with the form of government
Charter change.

CITY MANAGER’S COMMENTS
Michael Harris referenced the City's Banners and Sign Ordinance —
Section 8.12.060 (l).8.12.020
and 8.12.060 (C).

COUNClL’S COMMENTS

Councilwoman Buschman -
absent

Councilwoman Lewis Ward thanked everyone for attending.

Mayor Pro Tern Thomas -
absent

Councilman Ford thanked everyone for attending and asked citizens to remain engaged.

Councilwoman Gantt thanked everyone for attending and noted her attendance of the Robert
Knox Leadership Institute and is spearheading an initiative called Walk, Talk and Love
Stockbridge Walk that consist of an hour long walk and getting to know your neighbors.

MAYOR’S COMMENTS
Mayor Thompson thanked everyone for coming out.
September 29, 2015 6:00pm 4640 N. Henry Blvd. Stockbridge, GA 30281 Phone: (770) 389-7900
Page |8

ANNOUNCEMENT OF UPCOMING MEETINGS & EVENTS
All meetings will be held at City Hall unless otherwise noted. Meeting dates and times are
subject to change. Please check the city’s website www.cityofstockbrldge.com or contact City Hall
offices at 770.389-7900 for information.

- MLK Sr. Street Naming and Plaque Dedication Thursday, October 8, 2015 6:30pm

Merle Manders Conference Ctr. —

Spearheaded by Alphonso Thomas, Mayor Pro Tem.

City Council Meeting -

Monday, October 12, 2015 6pm —

City Hall Council Chamber 2"“
Floor.

Community Relations Committee Meeting Wednesday, October 14, 2015 6pm

City
Hall Levi Meeting Room Councilman Alphonso Thomas, Committee Chair.

Stockbridge Business Association/Public Safety Committee Safety Talk Tuesday, —

October 20, 2015 6pm Merle Manders Conference Center
Councilwoman Regina

Lewis Ward, Committee Chair.

City Council Work Session Meeting -

Monday, October 27, 2015 6pm ~

City Hall Council
Chamber 2"” Floor.

Councilman Ford motioned to convene into Executive Session for Items A-E and H; second by
Councilwoman Gantt; the motion passed 3-0.

Councilman Ford motioned to end Executive Session for Items A-E and H; second by
Councilwoman Gantt; the motion passed 3-0.

Councilman Ford motioned to reconvene the Work Session; second by Councilwoman Gantt; the
motion passed 3-0.

Councilman Ford motioned to adjourn the meeting; second by Councilwoman Gantt; the motion
passed 3-0.

Respectfully submitted by:

lhbhEl Laws-..
Va nessa Holiday, City Clerk /’ Alphohso Thomas, Mayor Pro Tem

,n u r 29, 2015 6:00p1n 4640 N. Henry Blvd. Stockbridge, GA 30281 Phone: (770) 389-7900
