Politics & Government

City Council Votes to End Investigation Against Mayor Bodker

The Johns Creek council also voted to amend the ethics code and authorize the mayor to discuss options for solving the Brumbelow Road intersection issue.

In the first meeting of the year the Johns Creek City Council - with the support of its two newest members - voted to end the six-month investigation into possible wrong doings by Mayor Bodker.

The final four resolutions on the agenda, which dealt with withdrawing and rescinding subpoenas, waiving attorney-client privilege, terminating pending investigation and ending the contract between the city and investigating attorney Robert Wilson, were passed 3-2, with Lenny Zaprowski, Cori Davenport and Kelly Stewart voting in favor of the measures.

In new business Kelly Stewart was selected in a 4-2 vote to be the next Mayor Pro-Tem.  Davenport, Zaprowski, Bodker and Stewart voted in favor of Stewart's selection.

Ivan Figueroa nominated Brad Raffensperger arguing that in the two years he has served on council he had never missed a meeting and pointed out that Stewart had missed 10 meetings. However, Raffensperger's nomination was voted down 4-2 with only Raffensperger and Figueroa voting in favor.

Next on the agenda was a discussion of the city purchasing a program to record and rebroadcast public meetings. The mayor, who had requested that the item be added to the agenda, said the purpose was to have staff look into the cost.

Next item was the discussion of a reciprocal non-residential park use agreement which the mayor had asked to add to the agenda. Figueroa asked why the mayor and not the staff would hold the discussions.  The mayor said the "goal is to get the policy makers (city council) involved in the process." It passed 6-0.

The next item, which the mayor said he added to the agenda, was to allow him to enter into discussions with the City of Roswell on transportation issues at Brumbelow Road. Figueroa said he would "prefer staff to speak to the Roswell staff" to work out the long-running issue between the two cities.

But Bodker argued that "there is a public safety need" and that dialogue at the council level would be more productive.

"This should already be up and functional," said Stewart. "Let the mayor get it jump started then turn it over to staff."

City Council approved the resolution 6-0.

The City Council also approved 6-0 the purchase of property, located behind Pike's Nursery, for the city's radio system. the cost $150,529.

The ordinance to amend the ethics code to allow citizens serving on other city boards the right to address City Council was approved 6-0.

The next four agenda items dealt with the investigation into the mayor. Bodker recused himself and Stewart took over as Mayor Pro Tem.

Raffensperger moved to table the four items arguing that there had been a supplemental report released over the last few days which the new council members had not had a chance to read.

"I think this should be tabled so they can read the report," said Raffensperger. Figueroa supported the idea saying that the new council members needed to have the full information before making a decision.

"New information has just been released. How can you vote on anything you haven't read about," said Figueroa.

Stewart argued that the investigation was "political from the get go" and added, "I don't want to spend one more red cent of tax payor's money."

Figueroa countered: "You are leaving a cloud over the mayor. If you stop this investigation the citizens will never know."

But all four motions passed 3-2 with Zaprowski, Davenport and Stewart voting in favor of terminating the investigation.

Bodker rejoined the council to discuss the remaining agenda items.

The council discussed the options to fill the Planning Commission and Zoning Board open seats and will look into defining the process at the next work session.

Raffensperger presented a resolution to reduce the millage rate by 1 mil arguing that the city had done a fine job in managing its money and was in a good position to start giving back something to its citizens.

Stewart said she would be interested in discussing his proposal further before making a decision and said she wanted to hear from Johns Creek citizens before making the decision.

The mayor also agreed saying that he thought the subdivision roads should be paved first. 

"I appreciate the spirit of the proposal and like the concept but I think that it's important to apply funds to paving subdivisions," said the mayor.

Bodker said that budget discussions were coming up and there would be more opportunity to explore the idea of reducing the millage rate.

Raffensperger's proposal failed 4-2 with Zaprowski, Davenport, Bodker and Stewart voting against.

The meeting began with the swearing in of council-elect members Zaprowski and Davenport following by Stewart and Bodker who were re-elected in the city elections held Nov. 5, 2013.

The city's attorney, Bill Riley provided updates on the massage parlor ordinance which the city is working to make the requirements more stringent. 

Riley also discussed the upcoming city election which is needed to fill the vacant Post 6 seat. Council will consider holding the election in May to eliminate the $150,000-$200,000 cost of holding its own election, and instead hold the Post 6 election in May during the primary elections which will reduce the cost to around $10,000.

Shortly before 10:30 p.m. the council adjourned to executive session to discuss one personnel and one litigation matter.

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