Tuesday, August 23, 2016

City of Dunwoody asks "What is a Conflict of Interest?" - get three opinions.


During the August 22nd City Council meeting the City of Dunwoody released two separate city memorandums documenting legal opinions related to conflicts of interest of elected or appointed officials. As the Dunwoody Homeowners Association also hired an attorney to review the matter they also rendered a third legal opinion which I have included here in chronological order as it is also referenced in the City's latest reply.

The first memorandum, dated June 6, 2016, is related to "Conflict of interests of officials and relationships with outsides agencies," and was submitted by City Attorneys Cecil G. McLendon and Leonid Felgin. This legal opinion was given to the City Council and City Boards and it is my personal opinion that it appears to be written with an extreme amount of caution in order to protect the city from even the appearance of undue influence.

The second memorandum, dated August 12, 2016, is related to "Conflict of Interest Relating to Dunwoody Homeowners Association Members Serving on City of Dunwoody Board, Commissions and Council," and was submitted by Seth G. Weissman. of Weissman Nowack Curry & Wilco Attorneys at Law representing the Dunwoody Homeowners Association.

The third memorandum, dated August 19, 2016, is related to "Questions from City of Dunwoody re conflicts of interest," and was submitted by Abbott S. Hayes, Jr. of Hulsey, Oliver & Mahar, LLP who the Dunwoody City Manager recommended as an outside council to have another look at the subject.  Besides possible conflicts of interest, this memo also explores the question to see if the privilege of  Executive Session was abused or if the calling of this closed door session was improper.   This attorney believes the use of executive session was proper in this case.

I am not an attorney but I know that legal opinions are just that, opinions.   Be they right or be they wrong, they are the opinions of legal training that I do not have, therefore I (as well as Council)  may need to someday weigh the various opinions against levels of acceptable risk to make formal policy.   Until that vote of Council happens, I believe there is no legal or ethical policy that I or anyone else related to the City is forced to follow on the subject therefore I will let my personal conscience be my guide as to what I consider an appropriate action for myself and I will need to live with my actions and/or suffer the consequences.

As such, I plan to attend as many community meetings that my busy calendar can handle to be well informed on all items that may come in front of me, including the next monthly Dunwoody Homeowners Association Meeting on September 11th and then on Monday September 12th the Dunwoody City Council meeting where I believe the Mayor will be inviting outside Dunwoody Council Mr. Abbott Hayes to publicly brief the legal advice and opinions presented in the August 19th memo written on the subject.

Friday, August 19, 2016

Dunwoody Nature Center Butterfly Festival: Saturday, August 20th 10am - 4pm

Join the Dunwoody Nature Center and Cox Enterprises for the annual Butterfly Festival this Saturday, August 20th beginning at 10:00 a.m. This year's event will feature two butterfly tents each filled with hundreds of live butterflies and activities including a 'Birds of Prey' show, live animal encounters, games, educational booths, crafts, music, food and more.

Butterfly Festival tickets are now on sale! Pre-purchasing tickets is the only way to guarantee entry to the butterfly tents at a time that is convenient for you. Visit the events page to plan your trip and purchase tickets: www.dunwoodynature.org/Butterfly-Festival


Day of Admissions:
• $10.00-Adults
• $ 5.00-Child (ages 4-12)
• Free – Children 3 and younger

Park at N. Atlanta Church of Christ
(5676 Roberts Drive, Dunwoody, GA 30338)

Shuttles will run continuously throughout the day. Plan enough time to park, take the shuttle, pay your admission, and proceed to the “Tickets Purchased Today” Tent Entry wristband area. Purchases that are made on the day of the festival include entry to the butterfly tents on a first come, first served basis until we reach capacity. Please note: there is no parking at the Nature Center; plan enough time to park, take the shuttle and get your hand stamp and your Tent Entry wristband at the Tent Entry wristband area. We recommend a 30 min. lead time prior to your tent entry. Come early! There is plenty to enjoy throughout the day, both before and after your butterfly encounter, and you won’t want to miss a minute of the fun. Concessions? Of course! Have lunch, a cold drink, and some frozen treats with us—concessions are cash only. Also, don’t miss a variety of Games, Crafts, Live Music, Magic, Birds-of-Prey Show and Animal Encounters.

This is a Rain or Shine Event

• Park at N. Atlanta Church of Christ (5676 Roberts Drive, Dunwoody, GA 30338)
• Shuttles will run continuously throughout the day.
• Please note: there is no parking at the Nature Center;
• Concessions? Of course! Have lunch, a cold drink, and some frozen treats with us—concessions are cash only.
• Games, Crafts, Live Music, Magic, Birds-of-Prey, Reptiles and Butterflies. We’ve got it covered! See you Saturday, 10:00 a.m. - 4:00 p.m.

Tickets purchased the day of the festival will be admitted to the Butterfly Tents on a first come, first served basis. Please note that in the event that the Butterfly Tents reach capacity, we will no longer allow entry to the tents, although you can still come to the festival to participate in our games, crafts, and other activities.

Click on the links on the left tab to learn more about our activities, purchase tickets, download a festival map, a schedule of performers, concessions, parking and more!

Dunwoody City Council Agenda for Monday Aug 22nd

Monday, August 22, 2016
Dunwoody City Hall

41 Perimeter Center East
Dunwoody, GA 30346

Watch Live at 6:00 p.m.
6 pm Agenda

President's Volunteer Service Award Presentation

Resolution Appointing Members to the Board of Ethics.

Resolution Appointing a Member to the Construction Board of Adjustments and Appeals.

Resolution Appointing a Member to the Design Review Advisory Committee.

Resolution Appointing Members to the Urban Redevelopment Agency.

SECOND READ: Consideration of Amendment to Chapter 8, Section 8-1(c) - PermissiveCodes, of the City of Dunwoody Code of Ordinances - Swimming Pools.

Construction Funding Authorization for the Redfield Pedestrian Crossing.

Resolution to Approve the Service Delivery Strategy with DeKalb County.

Resolution to Enter into an Intergovernmental Agreement with DeKalb County for Solid Waste Management Services.

Resolution to Enter into an Intergovernmental Agreement with DeKalb County Fire and Rescue Services.

SECOND READ: RZ 16-081: JK Family Trust, Owner of 1660 Mount Vernon Road,Dunwoody, GA 30338, by Dennis J. Webb Jr., Attorney for Owner, Seeks Permission toRezone Property Currently Zoned O-I (Office-Institution) District to CR-1 (Commercial-Residential Mixed-Use) District to Renovate the Existing Building into a Small ScaleShopping Center with Retail, Restaurant, and/or Office Use.

SECOND READ: SLUP 16-081: JK Family Trust, owner of 1660 Mount Vernon Road,Dunwoody, GA 30338, by Dennis J. Webb Jr., attorney for owner, seeks a Special Land UsePermit for the following: a.) from Chapter 27, Section 27-97(g)(1) to allow the existing frontyard parking structure to remain as is; and b.) from Chapter 27, Section 27-97(i)(2) to reducethe 10-foot pedestrian buffer zone width along the abutting sides and rear of the building.The tax parcel of the property is 18-366-07-013.

Occupational Tax Certificate Inspections

Free Child Car Seat Safety Check offered by Dunwoody Police - Saturday

Friday Night Community Social Event - Dunwoody High School Football

Saturday, August 13, 2016

Doraville to hear proposal on Monday for 50 single family homes & 198 townhomes abutting Dunwoody. Flooding and traffic concerns are repeat items from 10 years ago.

Carver Circle in the City of Doraville sits on 36 acres just above the intersection of I-285 and Peachtree Industrial and the only way to access the property is via the South Bound PIB access road just south of Tilly Mill.  This property directly abuts the Broadstone (now called Dunwoody Village) apartment complex in Dunwoody and the Ridgeway / Van Fleet neighborhood of single family homes also in Doraville.  The property in this little hidden neighborhood has been quite vacant for a number of years with many of the homes being purchased by developers.  

In fact ten years ago, when I was President of the Dunwoody North Civic Association there were plans to place 255 townhomes on the same property and my board raised numerous concerns including the possibility of increased neighborhood cut though traffic as the property is currently zoned for Chesnut Elementary.  There was also a great deal of concern with the possibility of increased flooding into the Dunwoody North neighborhood as it appears that flood zones are being built upon.

 New Development in Flood Zones worries Dunwoody North neighbors.

On Monday August 15th at 5:30 pm, the City of Doraville is holding a Public Hearing and possibly voting on the project.     I have little other information at this time but hope to make it to Monday's meeting at Doraville City Hall.

Z-16-08 for Carver Hills Neighborhood (outside of I-285) APPLICANT: Century Communities of Georgia, LLC. REQUEST: Applicant seeks to rezone 34 properties in the Carver Hills Neighborhood from the R-1 (Single-family Residential) district and the O-I (Office/Institutional) district to the Livable Community Code Special District (SD-2), sub-districts T-3 and T-4 for a new residential development comprised of 50 detached single-family homes and 198 townhomes.

Thursday, August 11, 2016

Mount Vernon Road at Tilly Mill Road Public Information Open House - Tues, Aug 16th, 6 pm at All Saints Catholic Church

Public Information Open House

Tuesday, August 16th, 2016
6:00 p.m. to 8:00 p.m.
All Saints Catholic Church
2443 Mount Vernon Road

In reviewing my various news feeds, I noted a conversation happening on NextDoor regarding the numerous accidents happening on Mt. Vernon at Tilly Mill and in a related item the City just announced a public meeting to discuss proposed improvements to that same intersection whereby I believe the actions proposed by the city will mirror the items below that are quoted the the Comprehensive Transportation Plan.

  • Intersection Mount Vernon Road at Tilly Mill Road: Change existing left/through to left only and existing right only to shared through/right
  • Mount Vernon Road at Mount Vernon Place: Prohibit left turn movements from Mount Vernon Place to Mount Vernon Road westbound. In conjunction with improvement at Mount Vernon Road and Tilly Mill Road.
  • Tilly Mill Road at Mount Vernon Place: Realign Mount Vernon Place to form a T intersection with Tilly Mill Road

The City of Dunwoody will be hosting a Public Information Open House (PIOH) to collect community input and feedback on concepts for improvements to the Mount Vernon Road at Tilly Mill Road intersection. This intersection has been identified in the City of Dunwoody’s Comprehensive Transportation Plan as a high priority project due to its current poor safety and low level of service. This intersection and the surrounding corridors lack adequate turn lanes along Mount Vernon and have limited accommodation for non-motorized users. The goal of this project is to correct these deficiencies and improve the safety and operations of this intersection. The scheduled PIOH will look at the concepts currently considered.

This open house event will promote participant interaction with city staff and their representatives. Attendees will have the opportunity to view the current concepts and provide feedback. The dialogue between the City and the public is critical to determine the best solution for this and other projects, so please plan to attend.

The open house will be held from 6:00 p.m. to 8:00 p.m. on Tuesday, August 16th, 2016 at All Saints Catholic Church (2443 Mount Vernon Road in Dunwoody).

If you are not aware of the NextDoor website, here is a registration link.  

Tuesday, August 9, 2016

Communitywide Service of Peace to be held at Dunwoody United Methodist Church, Friday at 6:30 PM

Coming together on Friday to express our commitment to be peacemakers in this community and the world. All are welcome!

Dunwoody United Methodist Church
1548 Mt Vernon Rd, Dunwoody, Georgia 30338
On Saturday, the community gathers once again at DUMC for Foodstock 2016 whereby 1,000's of meals will be boxed for those in need.  Please join us by registering for a shift with your family.

Please take 5 mins to complete the Georgia Pedestrian Safety Action Plan - Walking Survey to assist the City of Dunwoody

What could the City of Dunwoody be doing better to improve walkability in our city?  Please take this short survey being offered by PEDS.   Thanks