DEKALB COUNTY BOARD OF ETHICS

c/o Clerk of the Governing Authority Manuel J. Maloof Center 1300 Commerce Drive Decatur, Georgia 30030

COMPLAINT or REQUEST FOR ADVISORY OPINION

Please complete the following information, sign, and mail to the above address. This document must be signed and received by the Board of Ethics no later than seven (7) days prior to a scheduled meeting in order to be considered at that meeting.

1.

Name of the individual filing the complaint:

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2.

Daytime phone number: Evening phone number; E-mail address:

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Name and organization of the member of the governing authority against whom the complaint is)ting filed; ~ .

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Ethics violation which is alleged against the member of the governing authority:
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Or, request for advisory opinion concerning the following issue:

(attach additional pages ifneeded):

I hereby request that the Board of Ethics consider this complaint or request for an advisory opinion, and certifY that the above information l.s true and correct to the best of my knowledge.

Date:

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Quality Life for DeKalb Ethics Complaint: No Cell Towers on School Grounds - Representation Neutered and Tax Equity Denied
By Viola Davis with Unhappy Taxpayer & Voter

In the name of transparency, ethics, and accountability,

Unhappy Taxpayer & Voter ministry

submit the Quality Life for DeKalb Ethics Complaint against the DeKalb County Board of Education on the issue of {No Cell Towers On School Grounds' to identify violations of the board's fiduciary responsibility to uphold their oath of office. We have evidence of several violations of policy and ethics that have jeopardized the health of our children, property value of our homes, and decrease the overall quality of life of our citizens. To ensure the highest level of education for our children, we submit this ethics complaint to hold our elected officials accountable for actions that undermined their oath of office to work in the best interest of the children and our school system. We will examine the school policies that were allegedly violated in the following areas:

1. Domain II: Strategic Planning - Each member of the Board agrees that he or she will: Reflect through actions that his or her first and foremost concern is for the educational welfare and academic achievement of children attending schools within the District. DeKalb Board of Education work with the Board and the Superintendent ensure prudent and accountable uses of the District's resources. Render all decisions based on available facts and his or her independent judgment, and refuse to surrender his or her judgment to individuals, special interest groups, or partisan bias. Uphold and enforce all applicable laws, the rules and regulations of the State Board of Education, the policies of this Board, and all court orders pertaining to the District. 2. Domain III: Board and Community he or she will: Seek regular and systemic communications and community. Not use District resources for community programs without the approval of the Board. among the Board, students, staff, Relations - Each member of the Board agrees that to

3. Domain IV: Policy Development will:

- Each member of the Board agrees that he or she

Work with other Board members to establish effective policies for the District. Be familiar with the Board policies in effect during his or her tenure in office. Periodically review and evaluate the effectiveness of the District's programs and performance.

Make decisions on policy matters only after full discussion at publicly held Board meetings.

4.

Domain V: Board Meetings

- Each member of the Board agrees that he or she will:

Be informed and prepared to discuss agenda items to be considered or acted upon by the Board.

Work with other Board members in a spirit of harmony, cooperation, and resolution of issues at Board meetings.

and

respect in spite of differences of opinion that may arise during the discussion

Vote for a closed executive session of the Board only when applicable law or Board policy permits consideration of a matter in executive session.

Make decisions in accordance with the interests of the District as a whole and not any particular segment thereof.

5. Domain VII: Financial Governance - Each member of the Board agrees that he or she will: Refrain from using his or her position as a Board member for personal or partisan gain or to benefit any person or entity over the interest the school system. Not surrender his or her responsibilities group, or organization. Not provide Board members, staff, or the public with intentionally information 6. Conflicts of Interest about matters pertaining to the Board or the District. - Each member of the Board agrees that he or she will: misleading as a Board member to any other person,

Announce potential conflicts of interest before Board action is taken. No Board member shall use, or knowingly allow to be used, his or her official position or any information not generally available to the public which he or she receives or acquires in his or her capacity as a Board member for the purpose of securing financial gain for himself or herself, any member associated.

of his or her

immediate family, or any business organization with which he or she

7. Disclosure of Conflicting Interest Policy

Is

Whenever a Board member is required by this policy to refrain from voting on a matter, the Board member shall fully disclose the reason for not voting to the other Board members and the public.

The Quality of Life Ethics Complaint on Cell Towers includes: A. DeKalb Board of Education did not follow school policy. B. DeKalb Board of Education did not properly inform the parents and homeowners the placement of cell towers on school grounds. C. DeKalb Board of Education had a conflict of interest to solely work with the PTA as an avenue to inform the public on the cell tower construction. D. DeKalb Board of Education signed a 20+ year contract knowing that the board had denied a prior contract for more money on the policy that the school does not permit cell towers on school grounds. of

A. DeKalb Board of Education did not follow school policy. DeKalb School System has a school notice policy for construction Department shall: Notify the owner of each parcel of residential or occupied commercial property located within 250 feet of the school systems property line on which property the board of education proposes the construction ... Notify each parcel of residential or occupied commercial property by certified mail or statutory overnight delivery prior to the commencement development ... Hold a public meeting for such property owners and other interested citizens prior to the commencement exchange information of proposed construction for the purpose to project ... on the construction of any projects. The Plant Service

The state law was quoted to say that the school can lease public school property for private purposes when the school is no longer needed for school purposes. (See Exhibit A: school notice policy-http://www.scribd.com/doc/58801355/0fficial-Notice-by-Tmobile-and-DeKalb-County-School-Board) The DeKalb County Board of Education did not follow the school notice policy as well as other state law and regulation before voting to construct cell phone towers on school grounds.

B. DeKalb Board of Education did not properly inform the parents and homeowners the placement of cell towers on school grounds. DeKalb School System has a responsibility to be transparent homeowners of changes in policy and new construction issue of cell towers was documented by informing parents and

of

through the use of open meetings. The

in the year of 2010 according to the T-Mobile Proposal We need to know ifthe DeKalb School

agenda (64681596-DCSS-13T-MobileProposaIAgenda).

System used the RFPprocess to solicit an open bid for the best proposal concerning the cell towers as a method of increasing money for the budget, were the RFP/meetings advertised in the legal organ and were the meetings on the proposal open. Second, we need to verify that the DeKalb School System followed their policy and informed the parents as well as the homeowners via certified mail for property owners within 250 feet and state agencies such as parent councils, community papers, PTAs, etc. We will demonstrate how the flyer that was sent out to the parents was too vague and did not We requested information about the

identify the locations of the schools the cell towers were to be constructed, thus presenting an element of confusion and misleading information. attendance to meetings concerning cell towers with the PTA and have not received an answer or reply to our Open Records Request. However, Crossroads Newspaper was successful in identifying the attendance to the meeting concerning cell towers on school grounds. The attendance record alone demonstrates the DeKalb County Board of Education neglected to implement its policy to inform the parents and community of a critical policy change. (See Exhibit B: T-Mobile Proposal Agenda, Cell Tower Flyer for DCSShttp://www.scribd.com/doc/58801355/0Hicial-Notice-by-T-mobile-and-DeKalb-County-SchoolBoard, Articles from CrossRoads Newspaper - "Turnout low at meetings before school board's cell vote" by Jennifer Hench Parker on March 17,2013http://www.crossroadsnews.com/pages/full story/push?articleTurnout+low+at+meetings+before+cell+towers+vote%20&id=17910639, Tape of School Board member Jay Cunningham's Cell Tower Meeting on 10/25/2010 with DeKalb Parents against Cell Tower - http://youtu.be/BrYQJ2S3jg, Article titled, "Board had health information when it voted for towers" by Viola Davis RN BSN (CrossRoadsNews) http://crossroadsnews.com/bookmark/14883679-Board-had-heaIth-information-when-it-voted-fortowers, etc.)

C. DeKalb Board of Education had a conflict of interest to solely work with the PTAs as an avenue to inform the public (parents and homeowners) construction. on the celf tower

DeKalb School System used the PTAs as an avenue to inform the parents and homeowners of the cell tower construction and change in policy. Several Open Records Requests were

submitted that requested details on how the Board of Education chose to inform the parents and homeowners by using the PTA. We requested dates, time, signatures, ete; however, our Open Records Request was not answered. information Fortunately, Crossroads Newspaper obtained the and published the results in their newspaper on July 20, 1012. Viola Davis with the

Unhappy Taxpayer and Voter also recorded a public meeting in which School Board member Jay Cunningham admitted the Board of Education did poor notification. We later learned that the PTAs were due to receive $25,000.00 from the cell tower deal which we viewed as a conflict of interest. The conflict of interest increased once we knew that Jay However, there is a conflict with the Cunningham's wife was the President ofthe PTA at MLK High School which reported no signatures for a public meeting on the issue of cell towers. verbal report given on the tape recording and the written answer given in the Open Records Request. (See Exhibit C: Video on Town Hall meeting on Cell Phone Tower with Jay Cunningham, Articles from Crossroads Newspaper stated above, and Article on DeKalb School Watch, "PTA President Admits Prior Knowledge of Cell Tower ProposalOctober 30,2011http:Udekalbschoolwatch.blogspot.com/2011/10/pta-president-admits-prior-knowledge-of.html)

D. DeKalb Board of Education signed a 20+ year contract knowing that the board had denied a prior contract for more money on the policy that the school does not permit cell towers on school grounds. Viola Davis with the Unhappy Taxpayer and Voter submitted an Open Records Request for documentation on the cell tower request at Clarkston Community Center and the refusal by the DeKalb County Board of Education. The Open Records Request was sent to Dr. Cheryl Akinson, Tom Bowen, and the Board of Education. The answer to the Open Records Request was from Audrey Qualls with the Office of Internal Affairs which said,
Ita

comprehensive

search of the

Board of Education meetings and minutes. No responsive documents exist."

During an informational town hall meeting in City of Clarkston at the Women's Center, Mayor Emanuel Ransom stated that our Board of Education refused to place a cell tower on the Clarkston Community Center because and I quote, "Cell towers were not permitted on school grounds". Mayor Ransom repeated this in a meeting downtown Atlanta.

held by Representative Karla Drenner in

Mayor Ransom went on to say that the original offer was for $18,000 per year. He could not understand the reason the school board would sign contracts for such little monev, We multiplied $18,000 times the 25 years, the total equal $450,000. Ithen multiplied $450,000 times nine tower and found our school system should have received over $4,050,000. The fact that we are receiving just fewer than 3 million dollars over 25 years makes the present contract a travesty especially since the Chairman Tom Bowen is an attorney and accountant. Why would our Board of Education sign a deal for less money? Why would our Board of Education risk our children's lives for less money? Mayor Ransom said that this is one of the major reasons he opposed these contract. I asked him if I may quote him especially about the amount of the original deal and he said yes. Since Tom Bowen claims that we needed the money, we submit an ethics complaint to clarify the original amount for cell tower placement on DeKalb County schools in approximately 20062007 compared to the present contracts signed in 2011. Did our school board uphold their fiduciary responsibility to act in the best interest of the school system? The political lies must stop especially when it risks the lives of our children and threaten to decrease the property value of our community. We are losing over 1million dollars on these contracts. This also distracts from the fact that the state takes over $100 million dollars out of our school system every year since 2006. Why didn't the BOE go after that money? The Board of Education should start this process over again due to total negligence and disregard for the law and school policy. The Board of Education members that voted in favor of these leases especially knowing that we were receiving a lesser amount should not see another day in political office.

Exhibits of prior meetings on the issue of cell towers on school grounds between the City of Clarkston and DeKalb County School System: A. After further research to locate documentation located documentation dated December 5, 2006: New Business: Public Hearing to change the permitted use in or (Office Institutional district) zoning to allow cell towers in institutional zoning on plots larger than 5 acres. Mr. Rhodes stated that cell towers and microwave towers taller than 15 feet are currently permitted uses in Cl, C2, C3 and Ml zoning and this ordinance changes so that it is no longer a permitted use in Cl zoning and it is a permitted use in OJ district on any parcel containing more than 5 acres. He said it has been advertised and is considered for approval under the Zoning Procedures Act. The change will allow a require~ cell tower to be located at the Community Center. After discussion the Mayor opened for public comment.
Jan Gardner asked how dose the Lower will be to

on a prior cell tower request, we

on the website of the City of Clarkston City Council minutes

where children

will play .

Emanuel Ransom

stated Over 150 feet. Ms. Garner asked what is the requirement and Mr. Rhodes stated there is no

requirement. Ms. Gardner asked why did the City need a cell tower. Mr. Rhodes stated the City did not want a cell tower but the Federal government has a law, which supersedes all local law, which says if a cell company engineer states they need a cell tower to provide continuous telecommunications then the city must make accommodations for them. Dean Moore asked if it could look like a cell tower and not a fake tree. Emanuel Ransom said it would look like a tree but will be in a forested area. There were no further public comments. The Mayor closed the public comments. Wayne Foster made a motion to change the permitted use in 01 district zoning to allow cell towers on plots larger than 5 acres. Joyce Wade seconded and the motion passed (6-0). March 6, 2007 - Clarkston City Council Minutes:

B.

Chris Busing said he was encouraged by the first zoning ordinance public hearing and especially the cottage housing. He discussed carriage house ordinances where larger houses have smaller houses on the property to supplement their income. Clarkston.com as a place to discuss issue in Clarkston. at the Community Center and Joan He said the status of the cell tower was that the He mentioned his website about

Emanuel Ransom said they have started construction Swaney can arrange tours of the construction.

Board of Education wanted all the revenue from the tower but wanted the Community Center to manage and be responsible the site. He would provide further updates. (Exhibit D: Open Records Request for Documentation Community of the Request for a Cell Tower at the Clarkston

Center and the refusal by the DeKalb County Board of Education -Documentation-for -a-Cell-Tower -at"Cell and PDF of Answer given by DCSSconcerning Clarkston Cell Tower. story/15846849/article-Cell-tower-opponents-seekbullets right column, Clarkston City Council Minutes on December Clarkston City Council Minutes on

http://www.scribd.com/doc/102146976/0pen-Records-Reguest Clarkston-Community-Center

Tower Opponents seek Options by Carla Parker (CrossRoadsNews)http://crossroadsnews.com/view/full options?instance=special coverage

5, 2006 - http://www.cityofclarkston.com/106/coumindec06.htm. March 6,2007 - http://www.cityofclarkston.com/llO/couminmar2007.htm.

Conclusion:

DeKalb County Board of Education Duties:

C. Amendment to the Bylaws & Polices: Board Duties, Descriptor Code ABB Ms. Judy O'Brien, Attorney, Sutherland, Asbill & Brennan, recommended that the Board of Education amend Board Policy ABB, Board Duties. Board Policy Descriptor Code ABB Board Duties
The DeKalb County Board of Education shall faithfully execute all powers and duties assigned to it by the Constitution and laws of Georgia. The Board's powers and duties include but are not limited to the following: 1. Enact policies for the efficient and effective governance of the District. 2. Select, hire, and evaluate the Superintendent. 3. Approve an annual budget.

4. Review and approve financial reports and audits.

5. Set the local educational millage rate as necessary for the operation of the District and its schools.

6. With the input of the Superintendent and staff, establish policies to strenzthen the academic achievement of all students in the District. e 7. Working with the Superintendent and staff, periodically evaluate the District's strengths and weaknesses and develop goals for continuous improvement. 8. Periodically conduct a self-assessment of the Board's governance and performance, 9. Work with the Superintendent to ensure that all employment decisions are based on individual merit, without regard to family, political, or other connections. 10. Enact policies for progressive discipline in student matters, resorting to suspension and expulsion of students only as necessary to ensure safety in the schools. 11. Ensure that adequate facilities are available to educate all students in the District.

The DeKalb County Board of Education has overstepped their constitutional above with the issue of cell tower on school grounds. The telecommunication implemented a method to bypass local zoning ordinances by manipulating

duties as stated companies our local school

board to sign a 20+ year contract to place cell towers on school grounds to increase their (telecommunication companies) profits while bypassing local laws.

As defined in the amended bylaws and policies, the Board of Education in DeKalb had no responsibility to provide increase cell service for the region. The BOE increase our children's health risk, decrease our property value, and decrease our overall quality of life with taking on the responsibility of increasing cell service. Their action reposition the Board of Education into a role equal to a quasi-Board of Commissioners with the responsibility of zoning that violated local homeowner of the law. We, Unhappy Taxpayer & Voter and Coalition Members submit this ethics complaint to ensure transparency, ethics and accountability. officials. We must send a message that the taxpayers, voters, parents, and homeowners will not tolerate an abuse of power mentality amongst our elected property rights, especially those without children, and rights to due process

Quality Life for DeKalb Ethics Complaint against DeKalb County Board of Education members: Tom Bowen (District 6) Dr. Eugene P. Walker (District 9) H. Paul Womack, Jr. (District 4) Donald E. McChesney (District 2) Pamela Speaks (District 8) Sarah Copelin-Wood (District 3) Jesse "Jay" Cunningham, Jr. (District 5)

We would prefer to exclude the following DeKalb County Board of Education members: Nancy Jester (District 1) Donna Edler (District 7)

Kind Regards,

~f)~
Viola Davis Community Missionary

To: From:
Date:

Dr. Cheryl L. H. Atkinson Viola Davis c/o Unhappy Taxpayer and Voter 9/26/2010 Open Records Request for Documentation on the Request for a Cell Tower at

Re:

the Clarkston Community Center and the refusal by the DeKalb County Board of Education. Message: Pursuant to the Georgia Open Records law (O.C.G.A 50-18-70 et seq.) (the law) and/or Freedom of Information Act, you are hereby requested to make available for review and copying all files, records, and other documents in your possessions that refer or relate to the information concerning the request for a cell tower at the Clarkston Community Center. During the September 24, 2011 Informational Town Hall Meeting at the Women's Club in the City of Clarkston, Mayor Emanuel Ransom stated the DeKalb County Board of Education voted against the approval of a cell tower at the Clarkston Community Center. We request answers and documentation to the following questions;

1.

Documentation on the cell tower request for the Clarkston Community Center. Community Center in the City of Clarkston; yet, approve cell tower at nine local schools in DeKalb County? Under what rule of law did the DeKalb County Board of Education refuse to approve the cell tower at the Clarkston Community Center several years ago; yet, approve a cell tower at Jolly Elementary School within a one mile radius?

2. Why did the DeKalb County Board of Education vote against a cell tower for the Clarkston
3.

If this request is denied in whole or in part, we ask that you cite in writing the specific statutory exemption upon which you have relied, as required by law. We also ask that you release all separate portions of otherwise exempt material. Please waive any costs associated with this request, or first inform us about such costs as required by Georgia law. As you know, the Law requires a response by you within three business days of your receipt of this letter and provides sanctions for non-compliance. I look forward to hearing from you. I can be reached at 404438-9318 or via my address 909 Rays Road. Stone Mountain, Georgia 30083. Sin.cere/y,

f)
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~~~
Viola Davis CEO

To: From:

Chairman Tom Bowen and DeKalb Board of Education Viola Davis c/o Unhappy Taxpayer and Voter

Date:
Re:

9/26/2010
Open Records Request for Documentation on the Request for a Cell Tower at

the Clarkston Community Center and the refusal by the DeKalb County Board of Education.

Message:
Pursuantto the Georgia Open Records Law (O.C.G.A 50-18-70 et seq.) (the Law) and/or Freedom of Information Act, you are hereby requested to make available for review and copying all files, records, and other documents in your possessions that refer or relate to the information concerning the request for a cell tower at the Clarkston Community Center. During the September 24, 2011 Informational Town Hall Meeting at the Women's Club in the City of Clarkston, Mayor Emanuel Ransom stated the DeKalb County Board of Education voted against the approval of a cell tower at the Clarkston Community Center. We request answers and documentation to the following questions:

1. Documentation on the cell tower request for the Clarkston Community Center. 2. Why did the DeKalb County Board of Education vote against a cell tower for the Clarkston Community Center in the City of Clarkston; yet, approve cell tower at nine local schools in DeKalb County? 3. Under what rule of law did the DeKalb County Board of Education refuse to approve the cell tower at the Clarkston Community Center several years ago; yet, approve a cell tower at Jolly Elementary School within a one mile radius? If this request is denied in whole or in part, we ask that you cite in writing the specific statutory exemption upon which you have relied, as required by law. We also ask that you release all separate portions of otherwise exempt material. Please waive any costs associated with this request, or first inform us about such costs as required by Georgia law. As you know, the Law requires a response by you within three business days of your receipt of this letter and provides sanctions for non-compliance. I look forward to hearing from you. I can be reached at 404438-9318 or via my address 909 Rays Road, Stone Mountain, Georgia 30083.

Viola

~f1
Sincerely,

DavifZ-

~~

'

CEO

Board of Education

Mr. Thomas E. Bowen, Chair Mr. H. Paul Womack, Jr., Vice Chair

DeKalb CountY
Schoof System
1701 Mountain Industrial Boulevard Stone Mountain, GA 30083~1027 678~676-1200

Ms. Sarah Copelin-Wood

Mr. Jesse 'Jay' Cunningham, Jr.
Ms. DonnaG. Edler Ms. Nancy Jester

Mr. Donald E. 'Don' McChesney Dr. Pamela A Speaks Dr. Eugene P. 'Gene' Walker Superintendent Dr. Cheryl L. H. Atkinson

October 5,2011

Sent via email tovoterwhocares@ao1.com Viola Davis 909 Rays Road Stone Mountain, Georgia 30083 Re: Open Records Request, Documentation on Cell Towers for the Clarkston Community Dear Ms. Davis: The DeKalb County School District ("School District") has received your request, dated September 26,2011, made pursuant to Georgia's Open Record Act, O.C.G.A. 50-18-70, et seq. (the "Act"). Specifically, you have requested: 1. "Documentation on the cell tower request for the Clarkston Community Center." Response: The School District has completed a comprehensive search of the Board of Education meetings and minutes. No responsive documents exist. Please contact our office at 678.676.0203 should you have any questions regarding this request.

Sincerely,

atU'~l:-4~Audrey Is Open Records Clerk Office of Internal Affairs Audrey _ K_ Qualls@fc.dekalb.k12.ga.us

"The School Cannot Live Apart From The Community' www.dekalb.k12.ga.us

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Government 2012 Millage Adoption

Process

Officials Present: Mayor: Lee Swaney Council: Wayne Foster, Karen Feltz, Joyce Wade, Hien Nguyen, Pat Davis-Morris City Attorney: Jack Rhodes City Clerk: Tracy Ashby The Mayor called the meeting to order at 7:00pm.

Chief of Police
NEW Crime Mapping statistics

Pay Fines Online Community Gardens Planning and Zoning Committee

The Pledge of Allegiance was recited.

Joan Swaney gave the invocation. 7, 2006

Rosemarie Nelson made a motion to approve the minutes for the November Council Meeting. Joyce Wade seconded and the motion passed (6-0).

Links

Points of Interest Map Calendar

Zoning and Review Recommendations: Public Hearing on the rezoning of 4292 and 4300 E Ponce de Leon Avenue from Rl (Residential district) to ROI (ResidentiaVOfficelInstitutional district). The City Clerk read the minutes from the November 27, 2006 Zoning and Review Committee where a motion to deny as the property does not.!lY.2!ifyfor ROI was approved unanimously. The City Clerk stated that the property has been placarded and advertised for rezoning. Mr. Hailegiorgis addressed the Mayor and Council and detailed his efforts to have the property rezoned. He stated the property has previously been a commercial use. He said he has tried to comply with requests from the Zoning and Review Committee to change hi" rezoning request from Cl to ROI and then his application was recommended for denial ar the November 27 Zoning and Review M tin' K F l' ee g. aren e tz c.ommented that after looking at his application the best of all situat' ~o~~ ~ ~o g~e ~r ..~ai1egiorgis RO as that will transition into the new 20' IOns - ~~ . '. _ mng codes.
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Jack Rhodes claritied that Mr. Hailegiorgis has not applied tor a Planned KOl but has applied for ROI. His application was denied by ZR on the 20,000 sq ft requirement under planned ROI where there is not a 20,000ft sq foot requirement on ROI but a 15,000sq ft requirement which he doesn't meet without combining the two lots. Mr. Rhodes said there is a code section that states if you have lots that already subdivided, which these were at the time the ordinance was in acted in 1976, you can combine and do combine two lots together if they are owned by the same person, so he does meet the minimum square foot requirements. The other reason his application was denied was the plat that was submitted to his application only showed one lot but he had previously submitted plats showing both lots. The one issue he does not show is that the ROI requires certain buffers and they have to be planted buffers between them and the adjoining properties. One plat shows these buffers and the other does not. Mr Rhodes said the council could pass as ROI or Deny as ROI tonight, or they can defer it for a month to let him come back with a plat that shows the buffers on it and the locations of the buildings. He said if they voted to approve they could make it conditional on it meeting the buffer requirements ofROl zoning. Karen Feltz asked if it could be rezoned to RO and institutional will not be a use under the new zoning ordinance. Mr. Rhodes said the new ordinance is not in effect so RO does not currently exist. Karen Feltz addressed a concern that the property would be grandfathered in for institutional use. Mr. Rhodes stated that would be the case only if it were under and institutional use at the time the ordinance is changed, but if it is used for office then the institutional use will not exist under the new zoning ordinance. Joyce Wade asked if they moved to approve the rezoning could they make it conditional that the institutional not be used Mr. Rhodes said yes. Joyce Wade asked if he was receptive to that and Mr. Hailegiorgis stated yes, that he only wanted to open his office at that location. Pat Davis-Morris asked for clarification on placing conditions on a rezoning. Mr. Rhodes said the council can place conditions on a rezoning or if a variance is needed, and if the landowner is unwilling to accept and at that point the council votes up or down. Wayne Foster asked Mr. Hailegiorgis how many properties did he own. Mr. Hailegiorgis said he only owned the two lots. Mayor Swaney opened the public hearing for public comment. Martha Brock wanted to state that the minutes from the zoning and review are draft minutes, subject to approval of the Zoning and Review Committee. She appreciated the direction from Mr. Rhodes with the clarification on the square footage. She expressed concern on Mr H application being considered for approval in a lot by lot basis rather than considering the City as a whole. She thought the City was trying to avoid checkerboard zoning as had been the situation in the past and she thought it didn't fit with the planned development of Clarkston. Warren Hadlock asked the City Attorney to clarify what Mr. Hailegiorgis is applying for. Mr. Rhodes stated Mr. Hailegiorgis did not apply for a Planned ROI which would require a 20,000 sq ft, which does have. Mr. Hailegiorgis applied for plain ROI which requires 15,000sq ft. Warren Hadlock said his understanding was from Article 9, in order for him to have non residential uses in a ROI District he has to submit plans for a Planned Unit Development and have to meet all the conditions of a Planned Unit Development which has not been asked for or submitted. Mr. Rhodes stated the standards for Planned Unit development the requirements are less than the requirements for ROI and he read the requirements. The rezoning falls under section 1302 and section 905 applies building applications so if Mr. Hailegiorgis chooses to have non residential use on the property then he applies for a Planned Unit Development when he makes his building application. Warren Hadlock wanted to know if Mr. Hailegiorgis intended to have residential use on the property. Mr. Hailegiorgis said be planned to have his office on the property and no residential use. Warren Hadlock stated he was opposed to approving the rezoning if it did not me lude residential use.
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the current building has almost been condemned and Mr. Hailegiorgis wants to put a nice business on the property. Jan Gardner commented that there has always been the issue oflosing the residential zoning but she said there is a large commercial property next to Cobble Mill Lane which has been there for many years. She felt Mr. Hailegiorgis business would be an asset and benefit for the City. Diane Leonetti agreed that Mr. Hailegiorgis would be a good asset to that side of the town. She pointed out Billy Mitchell's business has been a wonderful asset to her side of town and his business backs up to residential and there are no complaints that she has heard of and she felt his business generated more traffic than Mr. Hailegiorgis business would Emanuel Ransom stated Mr. Hailegiorgis has always worked to comply with all requests relating to his applications. Mr. Ransom said he meets the requirements for the rezoning and he has agreed to tear down the current building which is a safety hazard and he recommends the application be approved There were no more comments. The Mayor closed the public comment portion of the hearing. Joyce Wade wanted to confirm that the demolition on the house is corning soon and Mr. Hailegiorgis said yes he is working with a contractor to remove the structure and it would be demolished by the 15th of December. Joyce Wade made a motion to approve the rezoning provided with the conditions that it not is for institutional purposes and that Mr. Hailegiorgis comply with the buffer requirements and any other requirements that are listed within the zoning ordinance. Pat Davis-Morris asked if Mr. Hailegiorgis would have to bring in another set of plans. Jack Rhodes stated he would have to bring in a set of plans when he gets his development permit that shows he complies with ROI and section 905. Rosemarie Nelson seconded Joyce Wade's motion and the motion passed (6-0). Mr. Hailegiorgis thanked the Mayor and Council Planning and Development: No report Zoning and Review: No report Old Business: None

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Committee Reports: Wayne Foster reported recycling is going well and they are consistently recycling 18 tons. He hoped the amounts would increase to 25 tons and asked everyone to encourage neighbors to recycle. Pat Davis-Morris read a Letter of Commendation from Fire Station 23 regarding Clarkston Police officers Chipoco and Geoffrion who rendered initial medical assistance on a domestic violence injury call and support to the Fire Department. Karen Feltz reported she is getting estimates to restore the door at the Women's Club. Joyce Wade reported the updated proposed 2007 budget will be available to review at the City Hall on Thursday and will be posted on the website. The next budget work session will be Thursday, December 14 at 5:00pm. The public hearing to take comment on the proposed 2007 budget and to adopt the budget will be Thursday, December 21 at 6:30pm. A second public hearing has been advertised for Thursday, December 28 at 6:30pm in the event it is needed. Hein Nguyen had no report. Rosemarie Nelson reported Bring one for the Chipper will be January 6 Armstead Field from 9am to 12pm. The first 50 people will receive a tree to plant. She stated the Streets Department is asking that citizens not blow leaves down the storm drains as this creates problems in the drains. She said DeKalb County has come out to help on the storm drain at Norman Road. She reported that she and Emanuel Ransom bad attended a class on impact fees, which covered understanding and establishing if they are applicable to the City. City Attorney report: Mr. Rhodes stated there are five ordinances under consideration from the November council meeting and that he has two new ordinances to present. The first ordinance would prohibit dogs in the parks except in designated areas and if a dog is in the designated areas the owner must pick up after them. After further discussion Mr. Rhodes offered to rewrite the ordinance to allow dogs in the park exceptio areas designated by signage, The second ordnance amends Chapter 9 to adopt the State of Georgia minimum standards fire codes. Joyce Wade made a motion to approve the ordinance. Rosemarie Nelson seconded and the motion passed (6-0). The third ordinance provides for general parking regulations. Rosemarie Nelson made a motion to adopt the ordinance. Karen Feltz seconded and the motion passed (6-0). The fourth ordinance was requested by code enforcement and it makes it a nuisance to have blighted structures on any property. Joyce Wade made a motion to adopt the ordinance. Karen Feltz seconded and the motion passed (6-0). The fifth ordinance adopts the State standards for building in the City of Clarkston which will allow the City to have a Building Department and to perform their own inspections. Joyce Wade made a motion to adopt the ordinance. Karen Feltz seconded and the motion passed (6-0). Mr. Rhodes pr~semed two new ordinances for consideration. The first requires mobile vendors ,to be lic.ensed. If they have a license from another jurisdiction then the ma operate m the CIty but if they do not then the must C" y Y y get a ny of Clarkston vendor's
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license. The ordinance must be tabled until the next council meeting. The fmal ordinance makes it unlawful to park commercial vehicles anywhere except the business location they are tied to. The ordinance must be tabled until the next council meeting. Chief of Police report: Chief Scipio introduced the new Lieutenant Portalatin. Lt Portalatin reported that for the month of November there were: 67 arrests, 131 tickets, 21 warnings. He wanted to notify the Mayor and Council that during the holiday season the Police Department concentrates their patrols in the commercial and residential areas due to the trend of crimes against persons and armed robberies to stores do increase. There were 6 arrests for domestic violence, 3 felony arrests, 16 misdemeanor arrests, 2 drug felony arrests, 4 drug misdemeanor arrests, 7 city warrant arrests, 2 DUI arrests, and he stated that the morning watch will also concentrate on DUI enforcement as during the holidays those tend to increase. He reported 13 people were jailed and total calls were 442. LT Portalatin answered questions. Citizen Comments: Emanuel Ransom wanted to notify everyone that on December the Zoning and Review Committee would have their last meeting for 2006 and there is still an opening on the committee for any interested citizens to submit their resume to the City Hall Mr. Ransom thanked the Mayor, Council and everyone for their kind support since the passing of his brother. Warren Hadlock asked for information on what constitutes a violation of the commercial vehicle ordinance as he has concerns with multiple taxis parking outside of restaurants. Mr. Rhodes clarified a violation would be an unattended vehicle being parked at a location, but not patrons to the restaurant. Dean Moore addressed questions relating to the closing of Wilson Street in relation to the adjoining property owners. After further discussion The Mayor asked for Mike Shipman to get with Mr. Moore and DeKalb County and English Oaks Apartment to review the situation. Chris Busing expressed the importance of the budget sessions. He asked the criteria for an executive session. Mr. Rhodes gave the examples that if the council is discussing the acquisition of real estate, personnel matters, legal advice based on a claim or potential claim against the City then they can go into executive session. Mr. Rhodes said the council cannot vote in executive session so the council must come back out and any vote, except on the acquisition of property, has to be done in public. In relation to real estate acquisitions, after the property is acquired then you must set forth and let the public have the minutes to the meetings where the discussion of the property was held. A resident of Clark Street thanked the City for working with Georgia Power to get lights on their street. Mayor Report: Mayor Swaney reported that December 9 at 6:30pm the City would hold their Annual Tree lighting ceremony. Santa Claus will be arriving on a helicopter and there will be a fireworks display. He invited everyone to come enjoy the tree lighting and refreshments. Joyce Wade made a motio~ to close

the

council meeting and to pay

council bills. Karen

Feltz seconded and the monon passed (6-0).

Meeting adjourned
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Cou Min Mar 2007

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to BID- LMIG 12 Asphalt Patching-Resurfacing Fees, Season Passes ~

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Mayor's Town Hall Meeting - Sa1tJrday,August, lOa-12p MINUTES CLARKSTON CITY COUNCIL Tuesday, March 6, 2007, 7:00 P. M. Officials Present: Mayor: Lee Swaney Council: Wayne Foster, Pat Davis-Morris, Rosemarie Nelson City Attorney: Jack Rhodes City Clerk: Tracy Ashby

Government 2012 Millage Adoption Process

Karen Feltz, Joyce Wade, Hein Nguyen,

Chief of Police NEWCrime Mapping Statistics Pay Fines Online Community Gardens Planning and Zoning Committee

Mayor Swaney called the meeting to order at 7:00pm Joan Swaney gave the invocation. The Pledge of Allegiance followed.

Joyce Wade moved to approve the council minutes for the February 6 regular council meeting and the minutes for the February 27 public hearing. Rosemarie Nelson approved and Karen Feltz seconded and the motion passed (6-0). Zoning and Review Recommendations: None

Links Points of Interest Map Calendar

Zoning and Review report: None P Janning and Deve lopment: None Old Business: None
New Business:

Resource Documents Environmental Information

The City Clerk read the application to sell Beer/Wine and Malt beverages by the drink for Lambadina Cafe, 3652 Market Street. The owners were asked to come forward and the City Clerk stated the background investigation has been passed and the fee for
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the investigation has been paid. Mayor Swaney asked the council for questions. Rosemarie Nelson asked the owner if the business is located near Pentagon Insurance in the small Market Street shopping area. Mr. Henock stated yes. There was a question that the business was closed and Mr. Henock stated the business had been sold and he purchased the business. Wayne Foster made a motion to approve the beer and wine license for the Lambadina Cafe. Pat Davis-Morris seconded and the motion passed (6-0). Correspondence: None Committee Reports: Wayne Foster reported recycling had gone down from the previous month of 24.5 tons to 16.2 tons. He stated he had seen citizens putting out corrugated cardboard on normal trash days and he encouraged citizens to save it for the recycling day. He detailed the up coming free concerts to be put on at the Women's Club on the second and fourth Thursdays of each month. Pat Davis-Morris reported the Police department was looking at upgrading their computer systems and someone from GMA will come out to review the system in place but they must first be approved by GCIC/NCIC. Ms. Davis-Morris said the Mayor is working to arrange a meeting with John O'Kelly from the Community Center and Coach Mufleh of the Fugees and the City's Sports Coordinator to coordinate team play. Karen Feltz no report. Joyce Wade reported Rosemarie Nelson would be speaking on GDOT prequalification information. Ms. Wade thanked Mrs. Ashby for coordinating the Public Hearing held on February 27 for the Zoning Ordinance. Rosemarie Nelson reported Mike Shipman attended a free convention on Public Works in Perry Ga. Saturday, April 14 starting at 9:00am will be the Clarkston Clean up day and she wanted to coordinate with the Apartment and communities to have enough projects to work on. There will be a hot dog lunch served and the cleanup should go until3-4:00pm She asked that if anyone has a proposed community to clean up to please email Ms. Nelson at rosemarie4ck@yahoo.com or to call the City Hall. She reported there are a number of potholes and if a citizen has a need to please contact the City Hall and leave a message for Director Shipman. Ms. Nelson said a number of the storm drains or catch basins are clogged and the City did budget to have these cleaned but they have not voted on a company. The City is doing surface cleaning but not going into the systems. She asked citizens to reduce standing water on property to eliminate mosquito breeding grounds. She asked everyone to cut their grass up to the curb and to bag up clippings and not let them go into the drains. She stated Clarkston has been pre-approved for two projects for LCI transportation study on Church Street pedestrian improvements the south side from N. Indian Creek to Mauck Street and the Town center area for Montreal Road. She stated the AJC had reported on Commissioner Hank Johnson's publication which explains current slang words for parents to understand. She encouraged everyone to read the publication which is available on the DeKaIb County website. She stated that sbe did not vote to approve the soccer program as she felt they did have another place to play at the Community Center which was designed for soccer play. The field in our park was not designed for soccer and the damage would incur a cost for the City. She researched and in questioning Ms. Mufleh she discovered that Ms. Mufleh is no longer with the YMCA and if she is not affiliated with the YMCA then the contract she has with the City would be null and void because her insurance states she is a member of the YMCA and ~ey were :fundingher for insurance. Ms. Nelson felt that if Ms. Mufleh does not have msurance then she should not have a contract with the City.
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The City Attorney reported the ordinance from last month for a temporary dumpster to pay a fee of $125 dollars they get permit from City, valid for 90 days and the City can extend that period for another 30 days but additional fee $50 and can extend an additiona130 days but 180 days is the longest time a person can have a temporary dumpster. If on construction site can stay as long as active construction. Rosemarie Nelson made a motion to adopt the ordinance. Karen Feltz seconded and the motion passed (6-0). The second item is part of the service delivery with the county tax collectors office and this has been an existing agreement and the County bills the City taxes along with the County taxes, they submit the funds to the City and then bill two dollars per parcel Joyce Wade made a motion to approve the agreement. Pat Davis-Morris seconded and the motion passed (6-0). The last items are the parking lot agreements with the Methodist Church and the Clarkston International Bible Church. The agreements provide for the City to provide storm water retention on their parking lots and landscaping that will reduce the flow of water on Rogers Street and reducing the flow of water onto Market Street. The City will get from the churches a construction and use easement that will allow the City to build this drainage system on their property, maintain and construct it in accordance with plans created by Altarnira. All of this is contingent on getting Federal and State funding to pay for the vast majority of the project and the project would not be implemented unless the funding was received. Mr. Rhodes stated he would hold these agreements until the funding is approved and that nothing would be recorded. He said the City would receive a piece of property that measures 80' x 200' that would be deeded to the City for it's use I perpetuity and a non exclusive parking easement on all their property that the City may use, subject to Church use, an the parking lots we are improving. Rosemarie Nelson noted the agreement showed that the City would close Hill Street and incorporate it into the parking lot as shown and that she was not in agreement with that. The Mayor stated their would be no parking on the side of Hill Street closest to the white house but only on the side adjacent to the parking lot. Karen Feltz expressed her concern with the proposed project that it does not reflect the original plan as decide by committee. She did not feel the new plans and concessions that the City has to make to the Churches in order to trade for a piece of land, in her opinion, does not equal out a benefit to the citizens of this community. She discussed that the original plans did not have parking on Hill Street but was to have pavers for pedestrian traffic and the current changed drawings do not go forward in correcting the run off issue. Her opinion is to take back the right-of-way with the public funding, to put in the lighting and put in the bio-retention filter and the parking lot should not have an entrance or exit on Rogers Street and their should be another bioretention feature on the opposite side of Rogers Street to reduce run-off onto the Dotson property. Wayne Foster made a motion to table the plan for 30 days. Joyce Wade seconded and the motion passed (6-0). Mr. Rhodes stated that with regard to the proposed zoning ordinance, the City needed to hold another public hearing for public comment and review of the plan. Following that he recommended the City have a special council meeting for the first and second reading. He stated the Council could unanimously vote and pass the zoning ordinance without a second reading. He stated the current zoning moratorium ends April 30 and he does not recommend extending the moratorium. He stated there were a couple of changes that would need to be made to the proposed ordinance. Mayor Swaney stated the. City Clerk would arrange for the public hearing and the readings of the zoning ordinance and will post on the website and reader board. Police Chief report:
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~hief Scipio introduced the new code enforcement officer Ralph Harris and detail d
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Chief Scipio introduced Angela King and Tina Gibson. They presented information on drug screening tests that the Clarkston Police department would purchase and give to the schools or parents that are concerned if their children are using drugs. These kits would be purchased through the city seizure accounts so there would be no cost to the City. The Chief asked for the Council's approval to spend $1,000 dollars to purchase kits. Joyce Wade stated he didn't need the approval for that purchase. Chief Scipio reported the police luncheon and awards appreciation would be held April 18th at the Clarkson United Methodist Church starting at 1:00pm The Chief reported the statistics for February. There were 384 service calls, 48 tickets issued for municipal violations, 127 traffic tickets issued, 16 warnings, 1 domestic violence arrest, 2 felony arrest, 12 misdemeanor arrest, 1 drug arrest, 7 city warrants were served, 2 DUI arrests, transported 12 people to DeKaIb County jail Chief Scipio reported reserve officer Wayne Henck is in need of a liver transplant. He has a donor but with the high cost they are seeking donations and will be working on fund raisers. Chief Scipio asked the Mayor and Council to bring up the pay scale for the police department. Chief Scipio discussed upgrades and renovations of the police department and the Council room. Chief Scipio stated he would be redo the council podium, to paint the squad room and they will also upgrade the computer systems in the police department all using the seizure funds.

provide further updates. Diane Leonetti stated she is opposed to the City paying for the parking lot project. She felt the Churches should be responsible for their property and the run-off issues. A citizen thanked Director Shipman for the lighting improvements on Vaughn Street. Dean Moore thanked the City Council for opening Wilson Street. He said he had been optimistic when the owner had originally asked to close the street. He said the dumpster has been moved from the middle of the street. Mr. Moore said he had noticed the Church has put up no trespassing signs and intended to ask the reason. A citizen thanked Chief Scipio for dealing with the loud parties in his neighborhood. Joyce Wade made a motion to pay the council bills and to adjourn the meeting. Rosemarie Nelson seconded and the motion passed (6-0). Meeting adiourned,

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