---
date: 2011-07-11
title: July 11, 2011 Minutes
source: 2011-07/2011-07-11_July 11, 2011_Minutes.pdf
pages: 1
---

July 11, 2011

CITY OF STOCKBRIDGE
SUMMARY OF MINUTES
COUNCIL MEETING

July 11, 2011 6:00 P. M.

A Meeting of the Stockbridge City Council was held on July 11, 2011 at 6:00 P. M. Mayor
Lee Stuart presided and Council members present were Mark Alarcon, Harold Cochran,
Shirley Dabney, Fred Evans and Kathy Gilbert.

Motion to Convene made by Councilman Cochran, seconded by Councilman Evans.
Passed Unanimously 5-0.

Motion to approve the Regular Council Meeting Minutes of June 13, 2011 with
corrections made by Councilman Cochran, seconded by Councilwoman Gilbert.
Approved 5-0.

Invocation by Councilman Mark Alarcon.
Pledge of Allegiance.
Mayor Stuart welcomed all guests.

Ray Gibson, City Administrator asked the Council to Amend the Agenda and strike Item
#4 from the Agenda and postpone the item. Councilwoman Gilbert asked for the reason.
Mr. Gibson advised the Council that there was information from GDOT that had not
been received and was still pending. Councilwoman Gilbert made a motion to postpone
Item #4, seconded by Councilman Alarcon – passed unanimously 5-0.

Councilman Alarcon made a motion to strike Item #1 from the Agenda and to submit a
Resolution to substitute Item #1 in regards to resolving the delegation of powers. The
Resolution is to continue to pursue Charter Amendment by Local Legislation Adopted
by the General Assembly – Senate Bill 189 - Without substitution or amendment. Mayor
Stuart stated that he was unaware of the Resolution being presented and asked
Councilman Alarcon read the Resolution in its entirety, and asked that copies be made
for the general public. Councilman Alarcon read the Resolution in its entirety and
referenced Senate Bill 189 as an attachment – Exhibit A. Motion was seconded by
Councilman Evans – passed unanimously 5-0.

Mayor Stuart asked that Attorney Welch to explain the action of the Council. Attorney
Welch stated the Resolution sets forth the Council’s desire for the adoption of Senate
Bill 189 - Without Substitution or Amendment. Mayor Stuart that that several citizens
came to the meeting tonight for a Public Hearing of Item #1 and opened the floor for
those citizens that had signed up to speak.

PUBLIC COMMENTS:
Beverly Edwards wanted to know if had the Council voted on the Ordinance from Item
#1, would that action have been illegal.

Attorney Welch stated that the Council decided to strike the item from the Agenda and
to adopt the Resolution.

Anthony Ford stated that he feels that the change of the Charter should go to public for
a vote in November.

Marilyn Flynn thanked the Council for coming together and agreeing to the Resolution
and asked the Council to come up with a plan for redistricting.

Houston Nelson thanked the Council on their approach and asked about the separation
of powers between the City Administrator and asked if things are status quo.
Attorney Welch stated that as it stands right now, there is a pending lawsuit and that he
cannot speak to certain items. The Resolution allows them to move forward with
adoption of local legislation that would make corrections to the Charter that the Council
wants to be made.
And that leaves the City at status quo; although the Council did recently adopt an
Ordinance that defined the authority of the City Administrator.

Richard Steinberg stated that the Citizens asked if there is still a pending lawsuit. Mr.
Steinberg asked if the item could be brought back should it not pass the legislature.
Mr. Steinberg also asked for Council to work together and preserve the good name of
the City.

Attorney Welch stated that no one made the statement tonight that the item would be
brought back. Attorney Welch further stated that there is a pending lawsuit with a
Settlement Agreement that is working to resolve the issues of the lawsuit. There are still
more things to be done.

George Espada noted that Representative Steve Davis has stated that the action to
change the City’s Charter would be illegal. He also stated that he himself has filed an
injunction in Henry County Superior Court and handed a copy to the City Attorney.
Additionally, he has filed press releases.

Tom Felcher stated that it has been almost 2 years since the election, and that he is
angry with the bickering of the Council, and encouraged the Council and Attorneys to
limit the expenses and get on with the business of the City.

Don Dunlap commended the Council on their actions and showing that they are in
agreement.

Monroe Roark agreed with Mr. Dunlap and that what was done tonight was a good
move.

Alphonso Thomas stated this issue is about the position of City Administrator and the
position of Mayor. Vote for people that are willing to work and get their hands dirty, and
work with people and their issues.
OLD BUSINESS

Ray Gibson, City Administrator and George Hawxhurst of the Eagle’s Landing
Community Association presented a Resolution, Agreement and Monument Design for
the Park Project. Councilwoman Kathy Gilbert advised the Mayor and Council that she
would remove herself from the discussion and not be voting on the matter due to her
affiliation with the Eagles Landing Homeowner’s Association Board. The Resolution
authorizes the execution of the Park Project Agreement between Eagles’s Landing
Community Association and the City of Stockbridge. There was a Presentation by Mr.
George Hawxhurst of the Proposed Design of Monument located at Northwest
Quadrant of Rock Quarry Road and Eagle’s Landing Parkway. The item was previously
approved on 3/14/2011 - PENDING APPROPRIATE DOCUMENTS FROM ADJACENT
PROPERTY OWNERS AUTHORIZING PERMISSION FOR PARKING LOT USE. THE
CITY HAS NEW SITE PLAN FOR A POINT OF ENTRY. Motion to approve with a 50’
monument design was made by Councilman Evans, seconded by Councilman Cochran.
Approved 4-0 (NO VOTE FROM COUNCILWOMAN GILBERT).

NEW BUSINESS

Smith Welch Webb and White Presented an Ordinance authorizing the Restatement of
City of Stockbridge Retirement Plan; Amendment of Retirement Plan to Clarify
Application of New Master Plan Lump Sum Post-Retirement Death Benefit Under City’s
Plan. The current stated that the current plans allows for a lump sum death benefit of
$5,000. Under the newly adopted plan, there are now two other options of payments to
the retiree’s beneficiary. Vanessa Holiday, City Clerk stated that this is perhaps an item
that the Council may want to postpone because there has not been sufficient time to
review the documents as they had just been submitted to the Clerk’s office and are
quite lengthy. Attorney Welch advised the Council of the risk associated with
postponing the item and that would be the default payout per federal guidelines to the
retiree’s beneficiary. Councilwoman Gilbert made a motion to postpone the item, and
revisit at the July 25, 2011 Work Session and to consider at a Special Called Meeting
after the Council has had an opportunity to review the documents, seconded by
Councilman Evans – approved unanimously 5-0.

Attorney Welch presented a Resolution authorizing the City of Stockbridge to enter into
an Agreement with Falcon Design Group on the Rock Quarry Road Force Main and
Sewer Line Project. This is the SPLOST bridge project to relocate Rock Quarry Road
over the railroad tracks. There are utilities in the ground, particularly sewer lines that
need to be relocated. There are easements that need to be obtained. The sentiment of
City Administrator and Council is to contract more of these types of items out in terms of
management. This is similar to the contract that the City has with Jack Burnside. the
contact has been written to insure that when they manage this contract, they put it out
for bid in accordance with law, and that they also obtain Performance Bonds as well as
Payment Bonds so that those are protected along with indemnity provisions to protect
the City should the management not be done correctly. And, that all documents that are
prepared become property of the City. The terms of the agreement is for one year,
unless

they need more additional time, at which time the contract would have to be amended.
Also note, under the bidding provisions under the City’s local ordinances, the City is
required to put out any bids that are in excess of $25,000 for engineers, architects, etc.
In this case it is a design firm, and the amount is under the $25,000. However, the City
Administrator just wanted to make you aware of the item. Attorney Welch also noted
that the contractors must comply with House Bill 187 which is the Immigration Bill that
was recently passed by the House. This requirement will be in all of the City’s contracts
moving forward as a standard provision that they comply with this new law.
Councilwoman Gilbert made a motion to approve not to exceed $21,000.00, seconded
by Councilman Evans – approved unanimously 5-0.

Ray Gibson, City Administrator presented a Resolution authorizing the City of
Stockbridge to enter into an Agreement with Tunnell-Spangler-Walsh regarding the
Livable Centers Initiative (LCI) Supplemental Study. The City was approved for a LCI
Supplemental Study by the ARC (Atlanta Regional Commission) in which the City was
funded $100,000; $50,000 of which came from the City. Part of the process was to
select a firm to come in and prepare the plan which is due to be completed by March
2012. Three planning firms were interviewed to include LSL Planning, JB+A Planning
and Engineering and Tunnell-Spangler-Walsh (TSW). Staff recommendation to approve
TSW (Tunnell-Spangler-Walsh was submitted by Mr. Gibson. Motion to approve
recommendation made by Councilwoman Gilbert, seconded by Councilman Evans –
approved unanimously - 5-0

Carla Stephens – Faith to the Nations Christian Center -1951 Hwy. 42 North
Stockbridge, GA 30281 made a request for 6-month Temporary use permit while the
church is trying to recover financially. Mayor Stuart asked anyone from the audience to
speak in both approval and opposition. No one came forward to speak. Councilman
Evans made a motion to approve, seconded by Councilman Cochran – approved
unanimously 5-0.

Public Comments

Pastor Irvine Bryer asked the Council to look into Handicapped Parking at the Merle
Manders Conference Center.

Houston Nelson asked the Council to look into street lights along Walter Way and
Davidson Parkway.

Trina Baynes with the SCLC addressed the Council to look into the termination and
reinstatement of former employee Harold Jackson.
Attorney Welch stated that his office had just recently received a phone call on this
matter and has requested copies of documents to review. If the Council wishes, they will
investigate on the City’s behalf and report back the findings and determine what steps
to take, if any, on behalf of Mr. Jackson. Councilwoman Gilbert asked that that the
matter be reviewed if the remaining Council Members supported that action. They all
agreed to have the City Attorney’s office review the matter.
Ms. Baynes also stated that she is a resident of Parkside and wanted to know if the
funds are coming from the homeowners association’s budget. Councilwoman Gilbert
asked her

to direct her questions to George Hawxhurst. Councilman Alarcon stated that the
monies are going to be a joint collaboration between the Eagle’s Landing Association
and some SPLOST funds that the City will match with that. The money is not coming
out of the City’s General Fund, and the association is matching it 50/50 on the
investment on that corner. Her question remained whether or not the funds would come
out of the homeowner’s association budget.

Alvin Hester – Stated that he is a new resident to the City and asked questions about
the Council pertaining to districts or at-large seats, and obtaining a copy of the City
Charter.
Councilwoman Gilbert made a motion to convene in Executive Session to discuss,
Potential Litigation and Personnel Matters. Seconded by Councilman Alarcon – passed
unanimously 5-0.

Councilwoman Gilbert made a motion to reconvene in Regular Session and was
seconded by Councilwoman Dabney – passed unanimously 5-0.

Councilwoman Gilbert made a motion adopt a Resolution authorizing the Mayor to sign
an Affidavit stating the items discussed in Executive Session pertained to threatened
litigation and Personnel Matters and was seconded by Councilwoman Dabney – passed
unanimously 5-0.

Ray Gibson, City Administrator presented by a Resolution authorizing the City of
Stockbridge to enter into an Intergovernmental Agreement with Henry County for Code
Enforcement Services. Currently, the City is operating without Code Enforcement
Services to the citizens of the City of Stockbridge. The County has already approved the
agreement. Staff recommends that Council approve the agreement. There is one
Resolution that has been signed does not include the provisions requested in the City’s
Resolution whereas the salary needs to be prorated and terms stated. This particular
item needs to be addressed. Attorney Welch recommends that the Council adopts the
Resolution of the Board of Commissioners of Henry County and create the
Intergovernmental Agreement subject to the salary being prorated and the terms of the
agreement being finalized by the City Attorney and/or the City Administrator. The Code
Enforcement Officer will be an employee of Henry County, and not an employee of the
City. The City will reimburse the County for his/her services within the City of
Stockbridge. The Code Enforcement Officer will be completely directed by the Henry
County Code Enforcement Office so as to not to become an employee of the City of
Stockbridge. Councilwoman Gilbert asked how the CE Officer would be directed.
Attorney Welch stated that the way that he has seen this done in other cities is, when
calls come in to the City regarding code enforcement issues, those calls are relayed or
directed to staff at the County Code Enforcement Officer. Mr. Gibson stated that Arthur
Weems, the Director will be responsible for the directing his staff to respond to code
enforcement issues and daily duties as well within the City. Attorney Welch also stated
that there is a 60-day termination window as well. Councilwoman Gilbert made a motion
to approve with the stipulations to clarify terms to remain a county employee and not a
city employee and to prorate the salary and was seconded by Councilwoman Dabney.
Passed 4-1 (COUNCILMAN EVANS OPPOSED).
Ray Gibson, City Administrator presented by a Resolution authorizing the City of
Stockbridge to adopt Pay Grades, 9-Step Pay Increment Plan, Job Classifications and
Years of Service Formula Chart for City Employees. The Council was presented with
two options, A & B. Option A would reduce salaries that had exceeded the Approved
Pay Grade Scale and requires a budget increase of $55,358.40, Option B would free
salaries that had exceed the Approved Pay Grade Scale and requires a budget increase
of $86,382.40. Staff recommended Option B. Motion to approve Option B made by
Councilman Evans and seconded Councilwoman Gilbert by. Passed 4-1.
(COUNCILMAN ALARCON OPPOSED).

Ray Gibson, City Administrator Presented an Ordinance to amend the 2011 Operating
Budget of the City of Stockbridge regarding Pay Grades for the City of Stockbridge.
APPROVED OPTION B. Motion to approve the budget amendment made by
Councilwoman Gilbert and seconded by Councilman Evans. Passed 4-1
(COUNCILMAN ALARCON OPPOSED).

Ray Gibson, City Administrator updated the Council on the Rock Quarry Road Detour
regarding the Bridge Project. Mr. Gibson noted the route be changed somewhat to use
Banks Road rather than Red Oak. It will be understood that Red Oak will be utilized.
The barricades will still need to be just beyond Red Oak; however, the signs will be
placed to support the detour to be on Banks Rd. rather than Red Oak due to the
entrance onto Red Oak from Rock Quarry Road. In addition, a request had been made
to the County to place two No Truck traffic signs on Tye Street as it cannot withstand
truck traffic with the exception of deliveries. Councilwoman Gilbert stated that truck
traffic should remain off of Railroad Street. Mr. Gibson stated that grading work has
started and there are still ROW (Right-of-Way) acquisitions that are still being made. He
also stated that the bid documents were being reviewed to look at the funding and
discussions are scheduled with the County on tomorrow, July 12, 2011. Councilwoman
Gilbert stated that she distinctly recalled the conversation with Commissioner Reid
Bowman regarding the intersection of Rock Quarry and Banks. And, although the
County could not totally redo that intersection, that he would put up a Stop-N-Go Light
signalization there as a result of the proposed detour. Mr. Gibson agreed that he too
had heard that mentioned, but not lately. Mr. Gibson further stated that he would talk to
SPLOST tomorrow, July 12th and confirm where we are with that proposal. Councilman
Alarcon wanted to mention that this project was presented to the City for around
$500,000 or so, not exact; and that he along with Mayor Stuart had also met with
Commissioner Bowman and discussed potentially saving the City money by doing some
infrastructure work at the intersection of Banks and Rock Quarry roads. The City has
just been informed that the bids have come in significantly over budget. Councilman
Alarcon went on to state that the problem that everyone needs to be made aware of is,
the City is already incurring a tremendous expense because of the relocation of the
sewer and water lines having to be relocated that was left out of the original bid
document. Now, there are City and County obligations as to who will re-pave those
roads. Looks like the City is in a lose-lose situation. Mr. Gibson stated that it is critical
that the City of Stockbridge be represented at the table and this affects the citizens of
Stockbridge, and that it’s taken seriously. Attorney Welch stated that because this
matter involves a decision to direct traffic, he makes a recommendation to Council to
approve the detour plan and that way the detour plan is not being approved by an
individual staff member subjecting that person to personal liability. A citizen spoke about
heavy traffic going on to Banks Road. Mr. Gibson

stated that it is the intention to keep Truck Traffic off of Tye Street and have it open to
local traffic only. Councilman Alarcon asked for this item to be revisited if at all possible.
Mayor Stuart asked for more clarification on the detour after Mr. Gibson meets with
SPLOST.

Mayor Stuart read the Announcements of Upcoming Meetings.

Mayor Stuart noted that Mr. George Espada had presented a copy of a lawsuit to
Attorney Welch, and advised him to accept service of the lawsuit on behalf of the City of
Stockbridge. Councilwoman Gilbert made a motion to authorize the City Attorney to
accept service of the threatened litigation from Mr. George Espada, seconded by
Councilwoman Dabney. Attorney Welch noted for the record this pertains to Civil Action
no. 10-CV-4523BA. Passed unanimously 5-0.
Mayor Stuart Announced the upcoming events in the City.

Motion to adjourn made by Councilwoman Gilbert, seconded by Councilman Alarcon.
Passed unanimously 5-0.

Respectfully submitted by:

Vanessa Holiday, City Clerk Lee Stuart, Mayor
