Untitled Document

Work Session Notes Page 1
May 18, 2009

Present: COUNCILMEMBERS: Mayor Robert W. Culpepper, Mayor Pro tem Rudolph Dixon, and Councilman Tom Blalock; STAFF: City Manager Jean R. Dove, City Clerk Debra E. Moore, and City Attorney Barry Fleming; VISITORS: Mike Rorick, Phil Turner, Renee Martin, Valerie Rowell, Purlie Page, Julie Miller and Robert Fields; ABSENT: Councilwoman Robin M. Root and Councilman John Thigpen.

The meeting was called to order at 6:05 p.m. by Mayor Culpepper.

The Invocation was given by Mayor Pro tem Dixon.

The Pledge of Allegiance was led by Mayor Culpepper.

UNFINISHED BUSINESS:

Ordinance-Amending Alcohol Ordinance Distance Requirements: This ordinance is for the amendment of Chapter 114 of the Code of Ordinances as related to the sale of alcoholic beverages. This ordinance will amend Code Section 114.14 (d) Application Procedure to read as:

(d) Each application for an initial license as opposed to a license renewal shall have attached thereto a plat of the land on which the establishment is proposed to be located showing the location of the improvements thereon. Such plat must be prepared by a land surveyor registered under the laws of the state and the surveyor shall show on the plat and certify as to the accuracy thereof the distance from the front door of the structure from which beverage alcohol is sold or offered for sale to the front door of the building of a church, government-owned
Work Session Notes Page 2
May 18, 2009

UNFINISHED BUSINESS (cont’d):

Ordinance-Amending Alcohol Ordinance Distance Requirements (cont’d):
(d) treatment center or to the nearest property line of the real property being used for school or education purposes, or as a city park or playground or housing authority property located within 500 yards thereof measured under the applicable provisions of section 114.18.

This ordinance will amend Code Section 114.18 (a) and (b) Distance Requirements to read as:

(a) No establishment operated pursuant to a license under this article shall be located in a building which is closed than 100 yards to a church building, city park or playground, alcoholic treatment facility, or closer than 200 yards to a school building. Further, no establishment operated pursuant to a license to sell alcoholic beverages for consumption on the premises shall be located in a building within 100 yards of any housing authority property. In applying this section, the Council shall determine what property is included in a school building, church building, city park or playground, alcoholic treatment facility or housing authority property consistent with the definitions set forth in section 114.02 and state law, and the determination of the Council shall be final.
(b) For purposed of the qualifications set forth in this subsection, distances shall be measured by the most direct route of travel on the ground and shall be measured in the following manner:
• In a straight line from the front door of the structure from which beverage alcohol is sold or offered for sale;
• To the front door of the building of a church or government-owned treatment center; or
• To the nearest property line of the real property being used for school or educational purposes, or as a city park or playground, or housing authority property.

Councilman Blalock wanted to know the source of the ordinance amendment; who wants this passed. City Attorney Fleming addressed this issue. He stated that Municipalities can have slight differences in the distance/measurements requirements of the State. The Acorn Restaurant has expressed an interest in applying for a beer and wine license, but has not turned in an official application at this time. Councilman Blalock questioned whether we would be setting a precedent; City Attorney Fleming responded that he does not feel that we are; the State already does this. Council would have to approve this as the 1st Reading of this ordinance.

Work Session Notes Page 3
May 18, 2009

UNFINISHED BUSINESS (cont’d):

Ordinance-An Ordinance Creating Three-Way Stop at Ballard Drive and E. Trippe Street: This ordinance will establish a three-way stop at the westernmost intersection of Ballard Drive and E. Trippe Street (top of the hill). Council will need to approve this as the 1st Reading.

Sawdust Road/Fairview Drive-Update: City Manager Dove reported that this area is controlled by Columbia County. She has spoken with Asst. County Administrator Scott Johnson. The traffic engineer will do a study and bring recommendations to Council. There were prior discussions on the speed limit; recommendations would be forthcoming. An update was given on Harlem-Grovetown Road; the City has put up the 35 mile per hour speed limit signs. Phil Turner stated that the 45 mile per hour speed limit signs have been installed as well.

Museum Roof-Update: City Manager Dove reported that last month Council had authorized the funding for the costs of repairs to the Museum roof; they are not needed. Joey Renew repaired the roof and replaced the ceiling tiles at no charge.

Other: There was none at this time.

NEW BUSINESS:

Work Session Meetings: There were discussions about eliminating having the Work Sessions (separate meeting) as they were now on the same night as the Regular Council meeting.

Other: City Attorney Fleming suggested holding Executive Session at this time as there was time left between the Work Session and the Regular Council meeting. Mayor Culpepper called for a motion to adjourn the Work Session to convene Executive Session to discuss legal/personnel; that motion was made by Mayor Pro tem Dixon; 2nd by Councilman Blalock. Motion carried; all in favor. The Work Session adjourned and Executive Session convened at 6:25 p.m.

Mayor Culpepper called for a motion to adjourn Executive Session and to reconvene the Work Session; that motion was made by Mayor Pro tem Dixon; 2nd by Councilman Blalock. Motion carried; all in favor. Executive Session adjourned and the Work Session reconvened at 6:50 p.m.

City Attorney Fleming reported that three legal and two personnel issues were discussed and that no final action was taken. Mayor Culpepper called for a motion for the approval of his signature to the Affidavit affirming this report; that motion was made by Councilman Blalock; 2nd by Mayor Pro tem Dixon. Motion carried; all in favor.
Work Session Notes Page 4
May 18, 2009

Being no further business for discussion, the Work Session adjourned at 6:51 p.m.

Respectfully submitted,

Debra E. Moore
City Clerk

Regular Meeting, City of Harlem, Georgia Page 2503
May 18, 2009
Harlem City Hall

The City Council of the City of Harlem, Georgia met for the Regular Meeting on Monday, May 18, 2009 at 7:00 p.m. at Harlem City Hall with Mayor Robert W. Culpepper presiding.

Present: COUNCILMEMBERS: Mayor Robert W. Culpepper, Mayor Pro tem Rudolph Dixon, and Councilman Tom Blalock; STAFF: City Manager Jean R. Dove, City Clerk Debra E. Moore, and City Attorney Barry Fleming; ABSENT: Councilwoman Robin M. Root and Councilman John Thigpen; VISITORS: Mike Rorick, Phil Turner, Renee Martin, Valerie Rowell, Purlie Page, Julie Miller, Robert Fields and Jesse Bowman.

The meeting was called to order by Mayor Culpepper at 7:00 p.m.

Approval of the April 2009 Minutes: Mayor Culpepper called for a motion to approve the Minutes of the April 20, 2009 Regular Meeting as written; that motion was made by Mayor Pro tem Dixon; 2nd by Councilman Blalock. Motion carried; all in favor.

Special Presentation-Employee of the 1st Quarter 2009: Mayor Culpepper presented Renee Martin of the Administrative Department with a Certificate of Appreciation in recognition for Employee of the 1st Quarter of 2009.

Public Comment:
Purlie Page, 563 Lamkin Road-Pools: Would like to see the City of Harlem establish rates for levelized sewerage fees for pool owners. When a pool owner fills up their pool they currently have to pay sewerage fees on that usage (water and sewer rates are currently based on water usage readings and are the same fees). There is nothing on the books at this time that addresses this issue. What is on the books is an allowance if there is a water leak that is above ground and does not go through the sewer system. Ms. Page is asking for an allowance. Mayor Culpepper told Ms. Page that this item will be turned over to the Public Works Committee for discussion and consideration. Someone will get in contact with Ms. Page with any determination.

Phil Turner, W. Trippe Street-Speed Limits: Mr. Turner reported that he had noticed the changes/additions of the speed limit signs on Harlem-Grovetown Road. He would like to see if we could use the same size signage on Highway 278. He discussed the speed limits downtown, especially at the center. He feels that we need to come up with a plan for warnings to companies for speeding trucks. If warnings do not work, hit hard with a stiff fine.

Councilman Blalock stated that both items would be turned over to their respective committees for further discussion and recommendations.

Regular Meeting, City of Harlem, Georgia Page 2504
May 18, 2009
Continued from page 2503

Department Reports: The following departments gave reports for the month of April 2009:

Public Safety Department Jesse Bowman, Public Safety Director
Public Works Department Robert Fields, Operations Manager
Planning & Zoning Robert Fields, Operations Manager
Community Connections Julie Miller, Director
Administrative Jean R. Dove, City Manager
Museum Jean R. Dove, City Manager

UNFINISHED BUSINESS:

Ordinances-2nd Reading:
• Ordinance Number 429-Amending Ordinance Number 425 to Correct Acreage: This Ordinance is for the correction of the acreage listed on Annexation Ordinance 425 from 1.5 acres to 1.94 acres for the property owned by Sarah & Alford Barnett located at 6330 Harlem-Grovetown Road. Mayor Culpepper called for a motion to approve this as the 2nd Reading of Ordinance Number 429 and for the approval of said ordinance; that motion was made by Councilman Blalock; 2nd by Mayor Pro tem Dixon. Motion carried; all in favor.
• Ordinance Number 430-Annexation Ordinance: This Ordinance is for the annexation of the following properties:
o James B. Lewis, Sr./Miriam T. Lewis Etal, 435 Planer Mill Road, Map & Parcel 043 023, Zoned R1-A, 8.67 acres
o Kathleen A. Davenport, 6485 Campbell’s Way, Map & Parcel 031 201, Zoned R1-A, 0.83 acres
o John M. Lonergan, Jr./Emily Lonergan, 765 Knox Road, Map & Parcel 031 148, Zoned R-3, 2.0 acres
o Lois D. Harris, 729 Sawdust Road, Map & Parcel 031 106, Zoned R1-A, 0.839 acres
This ordinance will become effective June 1, 2009. Mayor Culpepper called for a motion to approve this as the 2nd Reading of Ordinance Number 430 and for the approval of said ordinance; that motion was made by Councilman Blalock; 2nd by Mayor Pro tem Dixon. Motion carried; all in favor.

(d) Each application for an initial license as opposed to a license renewal shall have attached thereto a plat of the land on which the establishment is proposed to be
Regular Meeting, City of Harlem, Georgia Page 2505
May 18, 2009
Continued from page 2504

UNFINISHED BUSINESS (cont’d):

Ordinance-Amending Alcohol Ordinance Distance Requirements (cont’d):

(d) located showing the location of the improvements thereon. Such plat must be prepared by a land surveyor registered under the laws of the state and the surveyor shall show on the plat and certify as to the accuracy thereof the distance from the front door of the structure from which beverage alcohol is sold or offered for sale to the front door of the building of a church, government-owned treatment center or to the nearest property line of the real property being used for school or education purposes, or as a city park or playground or housing authority property located within 500 yards thereof measured under the applicable provisions of section 114.18.

This ordinance will amend Code Section 114.18 (a) and (b) Distance Requirements to read as:

Mayor Culpepper called for a motion for the approval of this as the 1st Reading of said ordinance; that motion was made by Councilman Blalock; 2nd by Mayor Pro tem Dixon. Motion carried; all in favor.

Regular Meeting, City of Harlem, Georgia Page 2506
May 18, 2009
Continued from page 2505

UNFINISHED BUSINESS (cont’d):

Ordinance-Creating Three-Way Stop at Ballard Drive and E. Trippe Street: This ordinance will establish a three-way stop at the westernmost intersection of Ballard Drive and E. Trippe Street (top of the hill). Mayor Culpepper called for a motion for the approval of the 1st Reading of said ordinance; that motion was made by Councilman Blalock; 2nd by Mayor Pro tem Dixon. Motion carried; all in favor.

Other: There was none at this time.

NEW BUSINESS:

Work Session Meetings: Mayor Culpepper called for a motion on whether to keep or do away with having a separate Work Session. Councilman Blalock made the motion to continue having Work Sessions on the same date as the Regular Council meeting. Mayor Pro tem Dixon commented that he thought Council would be voting to do away with Work Session; Councilman Blalock reiterated that his motion was to keep the Work Sessions. The motion was 2nd by Mayor Pro tem Dixon. Discussion-Councilman Blalock stated that this would still give the Public opportunity to have input if Work Session is held. We would also continue to allow Public Comment at the Regular Meeting. City Manager Dove reported that at least one other Councilmember felt that if the two meetings were to be held on one day, to do one meeting. City Attorney Fleming stated that the Ordinance has the Regular Council meeting set for 7:00 p.m.; we would have to change it if the meeting is to be held at a different time. He suggested holding the Work Session at 6:30 p.m. that way there would be no lag time between the two meetings. Motion carried; all in favor.

Announcements:
May 19 Garden Club Meeting 4 p.m. at Gazebo behind Woman’s Club
May 21 Merchant’s Meeting 8 a.m. at My Sister’s Loft
May 21 8th Grade commencement 6 p.m. Harlem Middle School
May 25 Memorial Day Holiday
June 9 Harlem Foundation 8:30 a.m. Harlem City Hall
June 15 Regular Council Meeting 7 p.m. Harlem City Hall
June 17 Bid Opening Theatre Marquee 10 a.m. Harlem City Hall

Executive Session-Legal/Personnel: This item was moved to the Work Session under Other.

Other: There was none at this time.

Regular Council Meeting, City of Harlem, Georgia Page 2507
May 18, 2009
Continued from page 2506

Being no further business before Council, Mayor Culpepper called for a motion to adjourn the meeting; that motion was made by Mayor Pro tem Dixon; 2nd by Councilman Blalock. Motion carried; all in favor. The meeting adjourned at 7:35 p.m.

Respectfully submitted,

Debra E. Moore
City Clerk

Called Meeting, City of Harlem, Georgia Page 2508
May 26, 2009
Harlem City Hall

The City Council of the City of Harlem, Georgia met for a Called Meeting on Tuesday, May 26, 2009 at 7:00 p.m. at Harlem City Hall with Mayor Robert W. Culpepper presiding.

Present: COUNCILMEMBERS: Mayor Robert W. Culpepper, Mayor Pro tem Dixon, Councilman Tom Blalock, Councilwoman Robin M. Root and Councilman John Thigpen; STAFF: City Manager Jean R. Dove, City Clerk Debra E. Moore, and City Attorney Barry Fleming; VISITORS: Operations Manager Robert Fields and Jerry Campbell.

Purpose: Personnel Hearing-Jerry Campbell

The meeting was called to order by Mayor Culpepper at 7:00 p.m.

The Invocation was given by Mayor Pro tem Dixon.

The Pledge of Allegiance was led by Mayor Culpepper.

At this time Mayor Culpepper turned the proceedings over to City Attorney Fleming to preside over. City Attorney Fleming explained the proceedings and ground rules. He opened the floor for any questions as to the proceedings; there were none.

City Attorney Fleming asked Operations Manager Fields to address Council with his opening remarks as to what led to the warning and disciplinary action.

Mr. Fields explained that on April 22, 2009 at 7:45 a.m. he asked to speak with Mr. Campbell; he was aware of a meeting that Mr. Campbell had with the Mayor on the previous day (April 21). He questioned Mr. Campbell about the purpose of the meeting; Mr. Campbell told Mr. Fields that he wanted to express his opinions on the current purchase of vehicles for the Public Safety Department. Mr. Fields informed Mr. Campbell that he had broken the “chain of command” by going over his and City Manager Dove’s heads in going to the Mayor. Mr. Campbell was told that the “chain of command” was in the personnel handbook and that all employees were to follow it. Mr. Campbell disagreed that there was anything in the handbook. Mr. Fields stated that Mr. Campbell proceeded to tell him that Mr. Fields or no one else would tell him that he could not voice his opinion to the Mayor, which is an elected official. Per Mr. Fields, Mr. Campbell made this statement several times. Due to the tone of his voice and disrespectful attitude, Mr. Campbell was written up for insubordination and given two days suspension. Mr. Campbell was given a verbal warning pertaining to the violation of the “chain of command”. See attached “Employee Warning Notices” and statement.

Called Meeting, City of Harlem, Georgia page 2509
May 26, 2009
Continued from page 2508

Personnel Hearing-Jerry Campbell (cont’d): Mr. Campbell prepared a statement for Council; a copy was given to each. Mr. Campbell’s statement pertained to his exercising his First Amendment right to free speech, his feelings that he did follow the “chain of command” and his opinions on the safety of the Public Work’s vehicles. As to the last item, Mr. Campbell stated that he has been certified as a Safety Coordinator for the Public Works department.

Mr. Campbell also addressed his response to the charge of insubordination. He admitted that he did make the statement about no one telling him he could not express himself to the Mayor. He referenced his right to free speech. He also spoke on the “disrespectful and abusive language toward a supervisor”; his response was based on abusive language being used toward him.

A copy of Mr. Campbell’s full statement is attached.

City Attorney Fleming has some questions pertaining to what training had he had that would qualify him to make judgments on the safety of the Public Work’s vehicles. There was a discussion on the charge of a violation of Mr. Campbell’s right to free speech. After evaluation by the City’s law firm, it was found that there had been no violation. See attached legal opinion.

Councilman Thigpen commented that he did not see a definition of “chain of command” in the information that was given from the personnel handbook (organizational chart). He stated that he does believe in having one and supports it. He feels that there should be a better explanation in the handbook.

City Manger Dove commented that the inspections of the Public Work’s vehicles is outside of Mr. Campbell’s job scope; pertains more to safety when working (flagging, etc.).

City Attorney Fleming questioned if Mr. Campbell would handle things differently if he had it to do over again; the response was that he would.

City Attorney Fleming asked if Mr. Fields had any rebuttal; Mr. Fields reiterated what was previously stated.

City Attorney Fleming stated that at this point that Council would adjourn to Executive Session for discussion. Mayor Culpepper called for a motion to adjourn the meeting to go into Executive Session for deliberation; that motion was made by Councilwoman Root; 2nd by Councilman Blalock. Motion carried; all in favor. Executive Session convened at 7:45 p.m.

Called Meeting, City of Harlem, Georgia Page 2510
May 26, 2009
Continued from page 2509

Personnel Hearing-Jerry Campbell (cont’d): Mayor Culpepper called for a motion to adjourn Executive Session; that motion was made by Mayor Pro tem Dixon; 2nd by Councilwoman Root. Executive Session adjourned at 8:14 p.m.

City Attorney Fleming reported that one personnel item was discussed and that no final action was taken. Mayor Culpepper called for a motion for the approval of his signature to the Affidavit affirming this report; that motion was made by Councilwoman Root; 2nd by Mayor Pro tem Dixon. Motion carried; all in favor.

City Attorney Fleming gave an overall summary of the proceedings.

Mayor Culpepper called for a motion to uphold the disciplinary action which included a verbal warning of a violation of the “chain of command” and a written warning of insubordination with a two day suspension; that motion was made by Councilman Thigpen; 2nd by Councilwoman root. Motion carried by a vote of 3-1 with Mayor Pro tem Dixon voting against and commenting he thought Council was reducing it to a one day suspension. That had not been the final motion put to a vote. Councilman Blalock asked for a recount of the votes; the motion carried by a vote of 4-0 with Mayor Pro tem Dixon voting in favor.

Mr. Campbell commented that he felt that Council’s minds had been pre-determined in their decision. It was explained to Mr. Campbell that no decision had been made and that at least one Councilmember had been in favor of reducing is suspension time. He apologized to those present.

Being no further business before Council, Mayor Culpepper called for a motion to adjourn the meeting. That motion was made by Mayor Pro tem Dixon; 2nd by Councilman Thigpen. Motion carried; all in favor. The meeting adjourned at 8:23 p.m.

Respectfully submitted,

Debra E. Moore
City Clerk

Note: Copies of the warning notices, appeal requests, legal opinion on free speech, and Mr. Campbell’s statement will be included in the official Minute Book.