City of Clarkston - Georgia - where possibilities grow


where possibilities grow

Council Meeting, Tuesday, December 2, 2014

Tuesday, December 2, 2014
Officials Present
Mayor: Ted Terry
Council:Dianne Leonetti, Ahmed Hassan Dean Moore, Jean Brown, 
Warren Hadlock
City Manager:Keith Barker 
City Clerk:Tracy Ashby 
City Attorney: Stephen Quinn
Mayor Terry called the meeting to order at 6:30pm.
Roll Call: Dean Moore, Dianne Leonetti, Ahmed Hassan, Jean Brown, Mayor Ted Terry
Warren Hadlock arrive late
Robert Hogan- Absent
Pledge of Allegiance
C1) Approve Council Minutes - Council Meeting 11-3-2014.
Jean Brown made a motion to approve the 11-3-2014 Council Meeting minutes. Dean Moore seconded. A vote was called and the motion carried (5/0).
Proclamation for Blue Ribbon Winner- Bre'onna Hodges
The City Clerk read the Proclamation.
Chris Busing – Commented on the sanitation study that was presented at the November work session. Former Mayor Emanuel Ransom-Thanked the staff, elected officials and City Manager for all their efforts to make the annexation successful. He requested the city consider creating a Downtown Development Authority and he encouraged the city to purchase available properties in the town center to control their development. 
Debbie Gaffman – Thanked the city for the LCI outdoor event.  She discussed concerns with parking issues at two businesses that are outside the city limits.  She asked that DeKalb County be contacted for reflective paint that is needed on the traffic island on Indian Creek Drive. 
John Beck – Advised he is very pleased with the service of Waste Management and does not feel the city should undertake direct responsibility of sanitation service.
Kim Ault – Gave appreciation to the council and staff for the support of the Roving Listener program and she invited everyone to attend their final event.
Stephanie Place – Discussed her satisfaction and appreciation for the service Waste Management gave her in picking her trash up from her house when she was unable to move the cans easily due to her medical issue. 
G1) Clarkston Festival Committee Request
Mr. Barker reported that the City has received a request from the Clarkston Festival Committee regarding sponsorship of the 2015 Clarkston Community Festival. Specifically, the Clarkston Festival Committee request that the City provide; $2,500 to secure the services of a professional festival planner, $3,000 to rent sound equipment and an operator and $2,000 to rent an outdoor stage.  He advised that staff has recommended that, in lieu of providing a cash donation or sponsorship, the City Council consider contracting for professional services or equipment directly with the respective vendors. Doing so would avoid possible conflicts with State laws prohibiting “donations or gratuities.” Staff further recommends that the City appropriate $4,000 for contracting with a festival coordinator, $2,000 for the purpose of renting a stage and $1,500 for the purpose of renting sound and lighting equipment and professional support services associated with production of the Clarkston Community Festival. Staff further recommends that the City Council require the Clarkston Community Festival be held at a City venue, Milam Park and that a representative appointed by the City Council, serve in a leadership or significant advisory capacity. 
Council discussed concerns with the requested funds and council involvement with the festival committee and consideration of limited resources and staff.
Jean Brown made a motion to approve the Clarkston Community Festival funding with stipulations as provided by staff.  Clarification by City Attorney that the City would contract directly for the vendors to provide the requested services. Dean Moore seconded. A vote was called and the motion carried (3/2 Yes- 3, Dean Moore, Ahmed Hassan, Jean Brown, No-2, Dianne Leonetti and Warren Hadlock)
G2)  Ordinance to Amend Charter- Power to punish for contempt
The City Manager advised that currently, the City Charter Section 3.06 makes references to “the Mayor’s Court” and limits the contempt of court fine to $50. For the purposes of criminal contempt, this limitation prohibits the Municipal Court of Clarkston from imposing a greater monetary penalty. Further, the reference to “Mayor’s Court” is an anachronistic term dating back to an era when cities could appoint anyone as a judge. Today, this is not allowed by state law and all courts are now referred to as “municipal courts” and they must be presided over by a judge who is a qualified member of the State Bar of Georgia (O.C.G.A. 36-32-1(a)).
The City Attorney reported that O.C.G.A. § 36-35-3 give authority for cities to exercise Home Rule power to change their Charter. A Home Rule Charter Amendment is accomplished by passing an ordinance at two successive regular meetings. Under the Home Rule process the city can pass a Charter amendment to address the two issues of outdated terminology and limitation of contempt fines. 
Jean Brown made a motion to approve the Charter Amendment Ordinance to remove limitations of criminal contempt and anachronistic terminology by Home Rule Charter. Dean Moore seconded. The City Attorney clarified that the new proposed ordinance removes the $50 limitation for contempt and going forward the allowable fine limit would be based on current State law. A vote was called and the motion carried (5/0).
G3) Amend Chapter 2.5 Grandfather Adult Entertainment Establishments
Mr. Barker advised that as a result of the successful annexation, there is an adult entertainment business in the annex area. This agenda item is contemplated to consider amending Chapter 2.5 to recognize grandfathering of certain pre-existing adult entertainment establishments annexed into the city of Clarkston.  The Chapter 2.5 Ordinance amendment provides updated language to permit including the DeKalb Adult Entertainment Establishments. It further provides for payment of an annual grandfathered adult entertainment establishment fee to the city in the amount of one hundred thousand dollars ($100,000.00) each year to be payable in quarterly installments of twenty five thousand dollars ($25,000.00) and restricts the expansion of their current operations. 
Dean Moore made a motion to adopt the amendment ordinance of Chapter 2.5 to recognize grandfathering of certain pre-existing adult entertainment establishments annexed into the City of Clarkston.  Warren Hadlock seconded. A vote was called and the motion carried (5/0).
G4) Re-schedule December Work Session
Mr. Barker advised that the December Work Session falls on December 30th and with the current schedule it may cause difficulties for Council/Staff who may want to take time with their family during this period.  Re-scheduling this meeting to the Wednesday, December 17th, will eliminate potential availability issues with Elected Officials or Staff. Additionally, the city must adopt ordinances to bring the annexation areas zoning into compliance with the City of Clarkston’s zoning classifications. The Planning & Zoning Committee is slated to hold a public hearing in this matter on Tuesday, December 16th.  By re-scheduling the Work Session/Special Call meeting to Wednesday, December 17th, the City will be able to take review of the recommendations from this public hearing without breaking the proper sequence for adoption. 
Jean Brown made a motion to approve moving the December Work Session by resolution.  Ahmed Hassan seconded the motion.  A vote was called and the motion carried (5/0).
G5) Purchase Five (5) 2014 Dodge Chargers –Police Dept.
The City Manager reported that with the successful annexation it is necessary to expand the size of the Police Department to allow for a larger patrol area and this expansion will require the purchase of five 2014 Dodge Chargers.  He reported the city currently has two 2012 Chargers and four Crown Victoria’s.  The four Crown Victoria’s in our current fleet have exceeded the mileage (80,000) at which we normally replace units; additionally they have had numerous mechanical problems often causing them to be out of service.  We would ask however to maintain two best of the Crown Victoria’s to be used as spares as needed and for officers to attend training.   Mr. Barker stated that four of the new vehicles will be assigned to the Patrol Division to replace the four Crown Victoria’s currently in the fleet.  The fifth vehicle will replace the Chief’s 2012 Charger which will be assigned to Captain Brown.  Captain Brown’s vehicle will then be assigned to the Criminal Investigation Division.  The additional CID unit will be used for the added position of Detective.    
Mr. Barker stated that the cost for the purchase will be $186,473.82 and that all monies used for the payment of these vehicles will come from the Federal Asset Forfeiture fund.
Dean Moore made a motion to approve the purchase of the five Chargers and execute the contract for purchase.  Dianne Leonetti seconded. A vote was called and the motion carried (5/0).
Jason Gains reported that the Planning & Zoning Board met on November 18 and their next meeting will be December 16 to hold a public hearing to discuss the zoning classifications of the annexation area parcels. 
Mr. Barker reported the Proposed 2015 Budget has been transmitted to the Council and he will be meeting with individual council members next week to review the 2015 budget. 
The City Manager asked Chief Hudson to report on the status of officer recruitment.
 No Report. 
Dianne Leonetti – Reported she had Tree Lighting signs posted in her neighborhood and she hoped for a successful turnout.
Dean Moore – Stated there had been reports a resident was mixing the garbage in with the recycling bin.  Mr. Moore requested that if anyone knew a resident was doing that to please report to City Hall so the issue could be addressed. 
Mayor Terry gave congratulations to the Clarkston Cross Country Team for winning the State Championship.  He encouraged everyone to attend the December 4th Tree Lighting Event to be held at the Clarkston Woman’s Club.
Warren Hadlock made a motion to adjourn the meeting. Jean Brown seconded the motion.  A vote was called and the motion carried. (5/0) 
The meeting adjourned at 8:45pm.
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