---
date: 2012-07-09
title: July 9, 2012 Minutes
source: 2012-07/2012-07-09_July 9, 2012_Minutes.pdf
pages: 1
---

July 9, 2012

COUNCIL MEETING MINUTES
CITY OF STOCKBRIDGE
July 9th, 2012

The Council Meeting of the Stockbridge City Council was held on July 9th, 2012 at 7:00 P.M. Mayor Lee Stuart presided
and the members present were Mark Alarcon, Harold Cochran, Robin Buschman, Alphonso Thomas, and Richard
Steinberg.

Motion to convene made by Harold Cochran; Second by Richard Steinberg. The motion passed
5-0.

Invocation- Mr. Boone (Member of the audience)
Pledge of Allegiance
Motion to amend the Agenda made by Mark Alarcon to add, under new business, an Ordinance
to move the Council Meeting & Work Sessions back to 6:00 pm; engross of all adoption of the
meeting minutes in one vote; remove item #7 George Hawxhurst as he requested to be
removed and remove committee meeting updates; Second by Richard Steinberg. The motion
passed 4-1. Alphonso Thomas opposed.

Mayor Stuart presented the Memorial March Certificates
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Motion to approve all of June 2012 meeting minutes (June 5 Special Called Meeting & Work
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Session; June 11 Council meeting; June 14 Special Called Meeting; June 21 Special Called
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Meeting; June 28 Special Called Meeting & Work Session) made by Richard Steinberg;
Second by Robin Buschman. The motion passed 5-0.

Mayor Stuart welcomed all guests

OLD BUSINESS

Vetoed Ordinance- Presented by Nicol Vasquez, City Clerk, Amending the Code of Ordinance
so as to substitute the City Administrator for the City Manager as to Bank Accounts & Check
Signing. Mrs. Vasquez informed the Council that this Ordinance was vetoed by the Mayor on
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May 24 , 2012 per the charter section 3.23 any Ordinance vetoed by the Mayor is to be
presented at the next general meeting, it will take the vote of the entire council for the Ordinance
to become law.
Mayor Pro Tem, Mark Alarcon requested to go on record stating that the council does not agree
with the position. There has been no judgment, no judge and no court room has overturned the
first lawsuit by the Mayor, which he has been gainfully paid for his effort in financial
inconveniences. The interjection by the Clerk at the behest of the City Attorney clearly states
that the council is not getting support, that this document will not change anything.

Mayor Stuart stated that he has no comment on the settlement as advice from his legal counsel.

No Motion Made, Item Remains Vetoed.

Vetoed Ordinance- Presented by Nicol Vasquez, City Clerk, Amending the Code of Ordinance
so as to add the offense of criminal trespass. Mrs. Vasquez informed the Council that this
Ordinance was vetoed by the Mayor on June 15th, 2012 per the charter section 3.23 any
Ordinance vetoed by the Mayor is to be presented at the next general meeting, it will take the
vote of the entire council for the Ordinance to become law.

Robin Buschman requested City Clerk read the veto aloud to the Citizens.

City Clerk read the veto by Mayor Stuart

Robin Buschman requested to go on record stating that this Ordinance is not a personal
vendetta as stated by the Mayor and has nothing to do with anything.

Richard Steinberg requested to add on to Ms. Buschman’s statement saying this Ordinance was
brought forth by the Clerk of the Court and did not originate with anyone on the Council. Mr.
Steinberg continued that the Mayor indicates on the veto that “after discussion with council
members Steinberg, Buschman and Alarcon,” the Mayor had no discussion with Mr. Steinberg
on this subject, as he cannot speak for any other councilmember.

Mayor Pro Tem, Mark Alarcon also stated that he had no discussion of this item with him either
and requested the Mayor remove his name from the veto.

Mayor Pro Tem, Mark Alarcon made a motion of the removal of his name; Second by Richard
Steinberg who also requested his name be removed.
Attorney Jack Hancock stated that he did not hear a motion to override the veto, but a motion of
the removal of names. Attorney Hancock does not believe the council has the authority to do so,
the Mayor is the only one that may do so. They are simply requesting their names be removed
based upon the explanations given.

Mayor Stuart stated that he will amend his veto by removing all names from it: Buschman,
Steinberg and Alarcon. However the veto stands.

No Motion Made, Item Remains Vetoed.

NEW BUSINESS

Ordinance- Presented by Mark Alarcon, Mayor Pro Tem, amending the Council Meeting and
Work Session date back to Mondays and time to 6:00pm. Motion to approve was made by Mark
Alarcon; Second by Harold Cochran.

Alphonso Thomas stated that he opposes this change simply because the reason the time was
changed in the first place was to allow citizens to attend after work.

Mayor Pro Tem, Mark Alarcon and Harold Cochran withdrew their motion. No Motion Made.

Mayor Stuart reviewed the Consent Agenda process; stating the Council had discussed this item previously at the
Work Session and agreed to approve it with one vote.
CONSENT AGENDA

Resolution- Authorizing the City to approve a payment of $10,416.67 per month to Freeman
Mathis & Gary, LLP

Motion to approve the Consent Agenda made by Robin Buschman; Second by Harold Cochran. The motion
passed 5-0.

Henry County Planning & Zoning

Michael Harris with Henry County presented a short term work program update for the City of
Stockbridge dating 2012-2016. Mr. Harris began by informing the Council that the 5 year short
term work program update is a compilation of projects that a city or county intends to overtake in
a course of a 5 year period. The purpose of this is to maintain the qualified local government
status; this continues us to be eligible for a number of different grant opportunities on a federal
and state level. In the past years what has been done is a running list of projects that the City
anticipates doing or accomplishing or considering during the five year window. Mr. Harris stated
that they’ve taken the list from last year and have gone through it. County staff meet with the
Mayor and Councilman Cochran as well as a number of City staff members, to review the list
and find out what projects are still viable, what projects they would like to be postponed and also
addressed those projects that have been accomplished over the course of the last year. What is
being proposed before the council today is a resolution requesting authorization to move
forward with this list for the City of Stockbridge and it identifies those projects within that 5 year
window that the City either intends to move forward with or its pending or gives the status of that
project that may have been listed in prior years as well. The update is done every year as
required by the DCA. The plan is submitted to ARC, they forward it on to DCA for their review.
At this point there is a required 90 day period and must be submitted 90 days prior to October
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31 deadline. Henry County will be moving forward on July 17 , once the list is received from
the City of Stockbridge; they will compile that along with the County list, as well as a list from the
City of Hampton and will be submitted on to the ARC.

Motion to approve the update was made by Richard Steinberg; Second by Alphonso Thomas.
The motion passed 5-0.

RESOLUTIONS, AGREEMENTS AND ORDINANCES

Ordinance- Presented by David Milliron, Treasurer, Amending the City’s 2012 Budget so as to
transfer $90,219.00 from the general fund balance to the Administration Budget to reflect the
agreement between the City and the Community Health Network for the delivery of a Health
Management program for the period of July 1, 2012 to June 30, 2013. Mr. Milliron stated that
this was just a piece of housekeeping. At the last voting meeting the Council authorized the
Mayor to enter into an agreement with the community health network, unfortunately there was
not a line item in the 2012 budget to engage and pay for that program, it’s anticipated the cost of
approximately $40,000.00 in the first twelve months. Last year, proactively there was money put
aside, roughly $90,219.00 in anticipation of paying for the program to save on health care
providing a wellness program for the employees. This is simply adding a line item in the 2012
budget allowing that money to be transferred from the general fund checking account into that
line item and then allowing the city to draw against the invoices for that program.

Motion to approve to amend the budget for $90,219.00 made by Robin Buschman; Second by
Richard Steinberg. The motion passed 5-0.

Resolution- Presented by Mayor Pro Tem, Mark Alarcon, Adopting the Stockbridge Livable
Centers Initiative Study of June 1, 2012. Mayor Pro Tem requested Mr. Caleb Racicot come
forth and answer any questions that may be asked. Mr. Racicot informed the council that his
firm was engaged by the City of Stockbridge last summer to prepare an update to the LCI plan.
ARC requires an update to the plan every five years and then a significant update every ten
years, the purpose of which to make the City of Stockbridge eligible for certain transportation
and investment dollars. This could be used for town center and center City Stockbridge type of
redevelopment. Mr. Racicott’s firm has worked with the community engaging nearly 600
residents, businesses and property owners. The plan lays out recommendations for completing
the town center, for transportation improvements such as sidewalks, bike trails, intersection
improvements, and how we as a community are going to deal with our aging population. Things
like new senior facilities, potential shuttle bus services and even creating places where people
who are aging and want to stay in a community can do so in dignity. The plan lays out all those
in a 118 page document, the meat of which is an action plan at the end of it that talks about all
the different projects, lays out their cost, potential funding sources, and potential implementation
parties, recognizing that anything in that plan is up to the city council. Mr. Racicot stated that he
is there to ask the councils support of the plan. Voting to adopt the plan, they will submit the
final LCI plan to the Atlanta Regional Commission that will enable the City to be reimbursed for
certain moneys that have already been spent to prepare the plan but will also make you, as the
City of Stockbridge, eligible for transportation implementation dollars when the call for projects
comes out in 2013.

Motion to approve the Resolution with the changes stated by Caleb Racicot to the draft: One is
removing the proposed Clark and Gardner park underpass; Second to change the proposed
Davis Road multi-used trail to a sidewalk; Third to remove the Rock Quarry Rd extension or
bypass and Fourth to add a specific project, unspecified, about redeveloping the former Police
Station property, made by Robin Buschman; Second by Richard Steinberg. The motion passed
5-0

AGENDA REQUEST

• Presentation by George Hawxhurst to review the ELCA/City Monument Project was
removed.

• Request from Mr. George Espada for Legal Opinions regarding Open Records requests.

No motion made.

COUNCIL DISCUSSION ITEMS
• Valuation of vacant/soon to be vacant City property- Presented by Councilman Richard
Steinberg
Councilman Steinberg read a proposed statement. The City has been approached to provide a
facility at little to no cost for use by the boys and girls club steering committee. The City has also
been internally approached for potential uses of the same buildings by several of internal City
departments; other outside organizations as yet unknown may also have an interest in using the
space that is under discussion. Mr. Steinberg stated that as Chair of the Stockbridge Building
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Committee this item was addressed specifically at the June 19 meeting. A member of the City
Attorney’s office, Mr. Bill Linkous, raised several issues which must be addressed prior to any
consideration of donation of physical space or property. City properties that are presently vacant
or soon to be vacant include a fire station, a police station and an old arcade building. The next
step in the evaluation process, as specified by the City’s attorney, is to determine a current
financial value of each property under consideration. This means both a present value,
commercial selling price of land and property, in aggregate and per square foot, and as well as
a present commercial value lease hold price of the land and property, in aggregate and per
square foot. In an effort to maintain transparence in this evaluation process Mr. Steinberg stated
that he would like to go on public record indicating that both his wife and Mr. Alarcon’s wife are
both licensed realtors and are not involved in the sale or lease of commercial property. Based
upon that information Mr. Steinberg requested council’s approval for Mr. Linkous or Attorney
Hancock from the city Attorney’s office, as an independent source, to move forward with the first
phase which is obtaining evaluation of all property for consideration. Mr. Steinberg asked Ms.
Robin Buschman, who is the third member of the building committee, be the point of contact
with the City Attorney regarding all financial aspects of property evaluation.

Attorney Jack Hancock informed the council that he would have proposals ready for review at
the next meeting.

Alphonso Thomas stated that his concern was that if the Attorney has to outsource would the
City incur any cost. Attorney Hancock stated that he does not know of any at the moment.

Richard Steinberg made a motion to approve a Resolution for Freeman Mathis and Gary to
retrieve proposals from an appraiser to have the assessment of properties valued; Second by
Mark Alarcon. The motion passed 5-0.

Public Comments
Citizens are allowed to voice city related concerns, opinions, etc., that are not listed on the agenda, during this portion of the
meeting. 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, phone number, and specific topic you wish to speak about or you will not be recognized.
You will be able to address the Mayor and Council for three (3) minutes.

• Trania Jones- Back to School Event being held on June 14th from 10am-1pm at Stockbridge High School

Mr. Steinberg made the question to City Treasurer, David Milliron, if the City had a line item where some funds were
available to allocate to this worth cause. The question was then deferred to the legal counsel. Attorney Hancock stated
that if they were a 501C3 then the law would permit the City to make a contribution if the funds were available. Mr.
Milliron informed the council that there is, under the City Administrator; with Council approval there is a fund available
that would accommodate this. The City also has in stock items with City logo for promoting the City.
Attorney Hancock informed the council that since the moneys that may be used are under the City Administrator line
item and the Mayor is the acting City Administrator there is no need for a vote.

Alphonso Thomas stated that his recommendation, under the Mayors authority, was to make a donation to this cause.
Richard Steinberg added and requested that the funds are directed immediately to this cause since the event is so close.

Mayor Stuart stated that he needed a number and requested a suggestion from the council. The Council agreed to
$500.00.

• Marilyn Flynn- Discussion in regards to Hector Torres emails and goats

Mayor Stuart informed the citizens that he has nominated Ms. Mildred Reed as the Mayors Nominee to the Ethics
Board. He informed the citizens that she was unable to attend due to a prior engagement.

Motion to enter into Executive Session for the purpose of B, C and D made by Robin Buschman; Second Harold
Cochran. The motion passed 3-2.

Richard Steinberg and Alphonso Thomas abstained.

B. 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; O.C.G.A. §50-
14-3 (6)

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).

D. Staff meeting held for investigative purpose under duties or
responsibilities imposed by law. O.C.G.A. §50-14-3 (1).

Motion to reconvene regular session made by Richard Steinberg; Second by
Robin Buschman. The motion passed 5-0.
Mark Alarcon made a motion to have Mayor Stuart sign an affidavit stating
that only B, C and D were discussed in Executive Session; Second by Harold
Cochran. The motion passed 5-0.

Motion to amend the agenda adding three items: Wynonia Williams Training,
reading of a Censure Letter and allegations of ticket fixing at Municipal Court
was made by Mark Alarcon.

Motion to approve a Resolution for Wynonia Williams to complete requested Training was made
by Mark Alarcon; Second by Harold Cochran. The motion passed 5-0.

Mayor Pro Tem, Mark Alarcon, requested to read into the record the Censure:

Mr. Mayor in the previous months, you have both publically and privately, both written and
verbally, defamed and made libelous statements against former City Administrator, Ray Gibson
and Treasurer, David Milliron. Further more you have accused employees of fraud, deception
and theft, with such comments as “They are robbing us blind.” This is a clear pattern of
negativity and negative comments that affect the City’s working relationships with its
professional staff and other persons and agencies. I am of the opinion that your actions have
put the City of Stockbridge in financial risk, creating an untenable working environment and
damaging the City’s relationship with other governmental agencies. I am asking you today, in
your official capacity as Mayor to publically and sincerely apologize to Mr. Gibson, Mr. Milliron
and City Employees of our City. Otherwise, all together with the Council member, it is the intent
to ask our City Attorney to draft a censure resolution to denounce your actions, which you have
created an untenable work environment by publically belittling, criticizing both current and
former employee, elected official and appointed officials. Furthermore, the resolution will direct
you to correctly carry out these duties as Mayor to adhere to the City Charter, City Rules, and
City Settlement Agreement and as a common courtesy, work effectively as a member of the City
Council. And work as your capacity as Mayor with State, Local and other government agencies.

Mayor Pro Tem, Mark Alarcon, made a motion to adopt this letter; Second by Robin Buschman.
The motion passed 4-1.

Alphonso Thomas abstained.

Mayor Stuart stated that he will not comment until he takes the Censure letter to his lawyers for
review.

Mayor Pro Tem, Mark Alarcon, stated that he would like to announce his response to an email
that was received by the Court Clerk. His response was such:

Mr. Mayor this was brought to my and several councils attention that you meet with court
employees on Friday and you told them that you had “first hand knowledge and physical
evidence that traffic ticketing fixing is occurring in our City and has occurred at the Municipal
Court here in Stockbridge.” These are serious allegations and as an elected official, we are
sworn to uphold all laws, local or otherwise, therefore for transparency reasons and the
responsibility of this Council, under section 3.12 of the City Charter and Ordinances- Inquiries
and Investigations, call for an immediate inquiry into this matter to be investigated.
Mayor Pro Tem, Mark Alarcon, made a motion to request the City’s legal counsel to immediately
and efficiently begin an investigation to the Mayor’s accusations that our City is fixing Tickets;
Second by Harold Cochran. The motion passed 4-1.

Alphonso Thomas abstained.

COMMITTEE MEETING UPDATES

• Mayor’s nominee to Replace Don Gordon on the Ethics Board Committee ITEM
REMOVE

ANNOUNCEMENT OF UPCOMING MEETINGS & EVENTS

All Meetings Will Be Held At City Hall Unless Otherwise Noted

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1. Stars Over Stockbridge M ovie: The Smurfs- Sunday, July 15 at D usk
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2. M ayor’s Bike R ide- Sunday, July 15 at 7:00pm
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3. Sounds of Summer features Stevie G & the R ockerz, Classic R ock - Saturday, July 21
at 6:00pm
4. U pcoming Work Session M eeting- Tuesday, August 7, 2012 at 7:00pm

5. U pcoming Council M eeting- M onday, August 13, 2012 at 7:00pm

Motion to adjourn made by Alphonso Thomas; Second by Richard Steinberg. The motion
passed 5-0.

Respectfully submitted by:

Nicol Vasquez, City Clerk Lee Stuart, Mayor
