City Council Regular Meeting

CITY OF STONECREST, GEORGIA Honorable Mayor Jason Lary, Sr. Council Member Jimmy Clanton, Jr. – District 1 Council Member Rob Turner- District 2 Council Member Jazzmin Cobble – District 3 Council Member George Turner- District 4 Council Member Diane Adoma – District 5 CITY COUNCIL MEETING MINUTES November 7, 2018 9:00am. 3120 Stonecrest Blvd. Suite 190 Stonecrest, Georgia I. CALL TO ORDER: Mayor Jason Lary II. ROLL CALL: Council Member Cobble was absent; all other members were present. III. INVOCATION: Council Member Rob Turner IV. PLEDGE OF ALLEGIANCE: V. ADOPTION OF THE CITY COUNCIL AGENDA: Council Member Adoma made a motion to adopt the agenda with Council Member Clanton providing the second. The motion carried unanimously. VI. MINUTES: Approval of Minutes of the City Council Meeting of October 15, 2018 Council Member George Turner said a correction to the minutes on page 4 had been inserted. Council Member Rob Turner made a motion to approve the minutes with the correction on page 4. Council Member Adoma provided the second. The motion carried unanimously. VII. PRESENTATIONS: VIII. PUBLIC COMMENTS: Mera Cardenas spoke on the Historic and Cultural Landmark Ordinance and how important history is. Faye Coffield spoke on the importance of history, rental units in Stonecrest and signage at Woodrow and Evans Mill. 1  IX. AGENDA ITEMS: 1. Amended and Restated Resolution Authorizing the Establishment of the SPLOST Citizens Oversight Advisory Committee and Appointing the Initial Members Mayor Lary asked Attorney Laura Cosgray to give an overview. Laura said, “As the Mayor indicated this is the amended and restated resolution and that there was an initial resolution that was passed at a previous council meeting. The purpose of this amended and restated Resolution is to revise the twelve names of the initial members.” Mayor Lary stated that he came off the committee and will be replaced by a citizen. Mayor Lary said with that said I motion to approve the amendment for the restated resolution authorizing the establishment of the SPLOST Oversight Committee. Council Member Clanton provided the second. Council Member Rob Turner said he will direct his question to Mr. Joyner and asked how the committee was formed, were any of the Council Members asked to be involved or did the committee just came together and if this was the case why weren’t any of the Council Members informed other than assigning someone to the committee. Mayor Lary said: “with all due respect, Mr. Joyner didn’t put this together, I put this together”. I did not want to put this responsibility on Mr. Joyner. He further said that he spoke to each council member about selecting members for the committee. Council Member Rob Turner stated that he would like to see the Council involved with this committee, its structure and that it is important that the Council be involved in the direction the committee is going. Council Member Rob Turner said he’d like to submit some amendments to the advisory committee, and he would like to see how to move forward. Mayor Lary said he’d like to finish this first since he has not seen the amendments, and this is the first he has heard of Council Member Rob Turner’s amendments. The only amendment he was aware of was the Mayor’s replacement. Council Member George Turner asked if the floor was open for discussion other than the amendments. Mayor Lary said yes it was open for discussion. Council Member George Turner stated that there were some things he was concerned with. He said someone had brought something to his attention just that morning that needed to be addressed. Mayor Lary stated that this could be done after they were done with this discussion. Attorney Kurrie stated if there are any questions about the governance of the committee this could be addressed during another meeting. 2  Council Member George Turner stated that a question had come up about the residency of one of the committee members. Attorney Kurrie stated that the role of the committee will be discussed during the Work Session. Council Member Adoma stated she sent an email with three names from District 5 and that none are on the committee. Council Member Adoma stated she had a concern that a SPLOST Manager has not been selected yet and she is also concerned that there may be duplicity and overlap while still in the negotiating process. Council Member Adoma’s other concern is that none of her three recommended members are on the committee. Council Member Adoma stated she would like to see the matter deferred until further discussion and she is not willing to accept amendments until these matters are discussed and resolved. Mayor Lary stated he asked all Council members to submit names and contact information. He said he received information from everyone except Council Member Adoma. Mayor Lary stated he responded to Council Member Adoma’s email and did not receive a response. Mayor Lary indicated that District 5 had more members on the SPLOST Committee than any district. Mayor Lary stated that without their contact information there wouldn’t be a way to speak with them. Mayor Lary stated regarding the SPLOST Committee there is a group of people with experience beyond what the Mayor and Council have. He further explained that the Oversight Committee is no different than the Oversight Committees for the Arabia Mountain Steering Committee or the East Metro CID. Council Member Adoma stated she sent an email to Mayor Lary dated 10/02/2018. She included three names and that none of the emails responded instructing her to include the phone numbers and email addresses. Council Member Adoma went on to state that she didn’t feel that this was a valid reason to exclude her three nominees. Mayor Lary stated this is a valid reason when he cannot contact the member. Mayor Lary also stated he even received a text from Council Member George Turner providing his person’s telephone number. Mayor Lary stated everyone else provided the phone number and email contact information. Mayor Lary said he sent the request for contact information in his email. Mayor Lary also stated he does not know the people Council Member Adoma suggest and without contact information he has no way of being able to speak with them. Council Member Adoma stated she did not receive any email from the Mayor. Mayor Lary asked how she sent the three names without having received the email. Council Member Adoma said she got her information from a press release that Uncommon Ground printed saying each Council member has selected a committee member. Council Member Adoma said this wasn’t true. Council Member Adoma stated that one of the suggested members named Ms. Hunter had received a countywide award 3  for all her work for keeping the City of Stonecrest Beautiful. Council Member Adoma stated Mayor Lary was aware of who Ms. Hunter is. Council Member Adoma stated she has no record of the Mayor requesting contact information and said she responds to all her emails even when others don’t respond to her. Council Member Adoma stated she would be the last person to ignore an email from the Mayor or any Council Member. Council Member Adoma said all it would have taken was a quick call from the City Manager, Assistant Manager, City Clerk or even the receptionist stating that the contact information was needed. After much discussion, Mayor Lary said I am going to call for a vote on the motion that was made. A vote was taken on the motion with Mayor Lary, Council Members Clanton, Rob Turner and George Turner voting yes. Council Member Adoma voted no. The motion passed. Mayor Lary announced he would be leaving the meeting and turned it over to the Mayor Pro Tem. 2. An Ordinance to Amend the Charter, Section 1.03 (b) (37) (A) to Amend the Millage Rate Cap Attorney Tom Kurrie gave an overview of the ordinance to amend the charter regarding the Millage Rate Cap. Council Member Clanton made a motion to approve the ordinance to amend the Charter, Section 1.03 (b) (37) (A) to amend the Millage Rate Cap with Council Member George Turner providing the second. Council Member Adoma read the following statement into the record: “I believe we will at some point we will begin to deliver additional services and I support growth. However sound research is required to ensure the right decisions are made. Our initial study sustained only the delivery of three services and we are still in the infancy stages of delivering those services which are planning and zoning, code enforcement and parks and recreation. Therefore, I voted “no” because I am concerned about not having a published plan with a financial analysis associated with this decision. When we decide to offer additional services and the research is done it is only a 60-day window of time for the public hearings so rushing may not be the best course of action. One of the powers and duties of the Stonecrest Governing body includes setting millage rates for approving the city’s budget, approving city expenditures, passing ordinances and resolutions, establishing policies and procedures, hearing rezoning and annexation requests and making appointments to boards, authorities and 4  commissions. However, we also took an oath to be good fiduciary stewards and provide oversight for managing your tax dollars. I believe decisions should be made with a sound business plan and without a financial cost analysis could have future negative consequences and if not handled properly can potentially be a financial disaster. My other concern was I was unable to find another city who in such a short period of time have removed the cap. Cities such as Tucker and Peachtree Corners have not removed the cap and I was unable to find any city who in the first few years of incorporation have taken this action. Sometimes taxes are necessary to maintain high quality of life and provide other services such as police etc., but it should never bee thrust upon the citizens without due diligence. Again, I am uncomfortable and recommend that we conduct basic research to ensure that we can sustain these additional services. Others may argue that a rate cap limits our ability to grow, however, I respectfully disagree, and we need to show in writing how we can consistently provide adequate level of additional services. I am frequently reminded that government moves very slow compared to private business, however, we are moving very fast with major projects which can have very negative outcomes. I support additional services, especially police services. If we provide our own, they need to be paid a competitive salary, provided with state-of-the-art equipment and training with benefits, pension and other amenities. Why not provide a public plan to the taxpayer and let them see the analysis? I would recommend we begin the conversation about perhaps a small dedicated police force, perhaps an officer assigned to each district and then work on a plan to expand. Any usage of the SPLOST may be perceived as a temporary fix since there are limitations to the uses of the various categories. Considering long term sustainability is a more productive conversation and provides the justification to add additional services. We need to discuss with sound documentation and research the pros and cons of removing this cap without a business plan or financial analysis.” A vote was taken on the motion to approve the ordinance with Council Members Rob Turner, George Turner and Clanton voting yes. Council Member Adoma voted no. The motion passed. 3. An Ordinance to Amend Section 2.13 (e) of the Charter Eliminating the Restrictions of Employment 5  Council Member Rob Turner made a motion to approve the Ordinance to Amend Section 2.13 (e) of the Charter, Eliminating Restriction of Employment. Council Member Clanton provided the second. The motion carried unanimously. 4. An Ordinance to Amend the Charter, Section 3.11 to Change the name of the City Accountant to City Finance Director Council Member Rob Turner made a motion to approve the Ordinance to amend the Charter, Section 3.11 to change the names of the City Accountant to City Finance Director. Council Member Clanton provided the second. The motion carried unanimously. 5. An Ordinance to Amend the Charter, Sections 4.02, 4.03 and 4.06 of Article IV amending the Titles of any Municipal Judge Council Member Clanton made a motion to approve the Ordinance to amend the Charter, Sections 4.02,4.03 and 4.06 of Article IV amending the Titles of any Municipal Judge. Council Member Rob Turner provided the second. The motion carried unanimously. 6. An Ordinance for the Creation of the Stonecrest Youth Council There was much discussion regarding the budget and timing for the youth council. Council Member Adoma read the following statement into the record. “Ordinance Creating Stonecrest Youth Council FOR THE MINUTES AND RECORD NOVEMBER 6, 2018 COUNCIL Why this legislation should pass…. COUNCIL MEMBER DIANE DANIELS ADOMA Youth Council purpose and mission and benefits to the City of Stonecrest More than 24% of our population are youth. Currently they do not have an active voice in our government. They are the future of our city. The mission of the youth council is to offer an opening for the youth of Stonecrest to build leadership skills, learn about civic responsibility, gain a better understanding of municipal government, prepare for a lifetime of public and community service and to acquire a greater knowledge of, and appreciation for, the American political system. The youth advisory committee is to make recommendations to council based on the following terms of reference; 1. To identify and advise on youth issues in the city of Stonecrest, 2. To advise council on the development of policies that are responsive to the needs of youth, 3. Consult with local youth and feedback results of consultations to council, 4. To assist in the ongoing development and delivery of 6  youth-targeted projects and programs, and 5. To create opportunities for youth leadership development by acting as a resource for youth activities. We have sponsors ready to fund it for 2018 and possibly 2019 and a team of “boots on the ground” members who are already background checked and ready to hit the ground running. Decrease crime, improved youth relations, ambassadors and exposure to government. This legislation has been vetted by GMA and many other cities have taken this step to partner with them. This would give youth an opportunity to be more civically engaged, decrease crime by acting as a pseudo diversion program and would create more awareness to the needs of the youth and provide a rich rewarding opportunity for leadership.” After the discussion, Council Member Rob Turner made a motion to defer this item with Council Member Adoma providing the second. The motion carried unanimously. 7. An Ordinance to Provide for the Creation of the Stonecrest Youth Council Advisory Committee Council Member Adoma made a motion to defer the item with Council Member Clanton providing the second. The motion carried unanimously. 8. An Ordinance Creating the Historic and Cultural Landmarks Commission Attorney Cosgray said there were an few things that need to be changed in this ordinance and asked Council to defer the item. Council Member Clanton made a motion to defer the item with Council Member Rob Turner providing the second. Council Member Adoma said she would like to read her statement into the record. AND RECORD NOVEMBER 6, 2018 COUNCIL Why this legislation should pass…. COUNCIL MEMBER DIANE DANIELS ADOMA PURPOSE OF THE HISTORIC, ARTS AND CULTURAL COMMISSION The purpose of the arts and cultural commission is to encourage cultural growth in Stonecrest to ensure that art, culture and entertainment are central elements of the high quality of life for Stonecrest residents. This commission will make recommendations to the city council regarding art projects, concerts, entertainment and will encourage development reduce crime and reduce code enforcement complaints. 7  We can’t afford to be average. Got to be progressive to grow the city and engaging with GA Dept. of Natural Resources is a vehicle to do that. We have to emulate success. This legislation is in line with Stonecrest being a more progressive city. ARC is now taking applications for Atlanta Arts leaders (13 metro cities across the state) can now get resources that we don’t currently have. Need to pass ordinances that provide us with a competitive edge to grow Stonecrest. This historic ordinance shows appreciation for the arts and will 1. Increase real estate values at a faster pace; attract arts and cultural investors including local retail and restaurants. 2. It will facilitate new development and 1% of their revenue will be donated to the city to showcase theater performances, concerts and the like. So, it will be a revenue generator for free concerts. We can consider a historic district also. Flat Rock Archives and Klondike will greatly benefit with options to revitalize the historic infrastructures. Research shows that cities that have this legislation in place are benefiting from a focus on public arts and preservation. This will make us more competitive from some sister cities such as Dunwoody, Brookhaven etc. and other municipalities. We can save key cultural and historic structures like Flat Rock Archives. What will they do? 1. Work with the city to coordinate and oversee historical programs 2. Creates venues to help showcase talents, concerns and local artists of all ages 3. Encourage sponsors of art programs and plan joint events 4. Utilize cultural arts as an economic development catalyst for the community 5. Assist council in coordinating events 6. Accept donations to the arts and historic preservation fund to enhance the city’s artistic and cultural heritage as we write our future 7. Offer advice and assistance in aesthetic matters of the city regarding community planning or in other artistic activities that may be referred to it by the city 8. Write description of historic sites 9. Encourage tourism and visitors 10. Legitimate path to revenue 9. Resolution of the City of Stonecrest finding AT&T to be in Violation of State Law by not paying the City a Franchise Fees on Telecommunication Service No Action was taken on this item. 10. Resolution of the City of Stonecrest finding AT&T to be in Violation of State Law by not paying the City a Franchise Fees on Video Services No Action was taken on this item. 8  X. CITY MANAGER COMMENTS: None XI. CITY ATTORNEY COMMENTS: None XII. MAYOR AND COUNCIL COMMENTS: Council Member Rob Turner announced the regular monthly community breakfast on Saturday November 10, 2018 from 9-11 at the House of Hope and there will be a representative from Marta present. Council Member Clanton announced his regular meeting on Saturday, November 10th from 10-12 at the Fairfield Baptist Church on 6133 Redan Road. Council Member Adoma announced the roundabout at Klondike and Rockland Road is being landscaped by Keep DeKalb Beautiful. She also announced at the Townhall meeting on December 18th at the Stonecrest Library she will be accepting unwrapped toys for children between the ages of 0 to 18, and on December 25th she will be feeding the police and firemen. Council Member George Turner says on Saturday at Big Miller Grove Church there will be an appreciation day for Public Service Officers. He said Congressman Hank Johnson, State Senator Tonya Anderson and the City of Stonecrest will be present to show their appreciations. XIII. ADJOURNMENT: Council Member Clanton made a motion to adjourn the meeting at 10:50am with Council Member Adoma providing the second. The motion carried unanimously. XIV. EXECUTIVE SESSION: WHEN AN EXECUTIVE SESSION IS REQUIRED, ONE WILL BE CALLED FOR THE FOLLOWING ISSUES: 1) PERSONNEL, 2) LITIGATION, 3) REAL ESTATE 9