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HomeMy WebLinkAboutMinutes CC - 05/06/2013 - 05-06-2013-Minutes (Migrated from Optiview)Regular Meeting of the Milton City Council Monday, May 6, 2013 at 6:00 pm Page 1 of 7 This summary is provided as a convenience and service to the public, media, and staff. It is not the intent to transcribe proceedings verbatim. Any reproduction of this summary must include this notice. Public comments are noted and heard by Council, but not quoted. This document includes limited presentation by Council and invited speakers in summaryform. This is an official record of the Milton City Council Meeting proceedings. Official Meetings are audio and video recorded. The Regular Meeting of the Mayor and Council of the City of Milton was held on May 6, 2013 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Father Rob Wood, St. Aidan's Episcopal Church, Milton, Georgia. CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLL CALL Councilmembers Present: Councilmember Kunz, Councilmember Large, Councilmember Hewitt, Councilmember Thurman, Councilmember Lusk and Councilmember Longoria. PLEDGE OF ALLEGIANCE APPROVAL OF MEETING AGENDA (Agenda Item No. 13-106) Motion and Vote: Councilmember Lusk moved to approve the Meeting Agenda with the following changes: • Add an Executive Session to discuss land acquisition and pending litigation. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0). Regular Meeting of the Milton City Council Monday, May 6, 2013 at 6:00 pm Page 2 of 7 PUBLIC COMMENT (None) CONSENT AGENDA 1. Approval of the April 22, 2013 Regular City Council Meeting Minutes. (Agenda Item No. 13-107) (Sudie Gordon, City Clerk) 2. Consideration of the Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and Core Physique, LLC for Fitness Classes and Boot Camps. (Agenda Item No. 13-108) (Jim Cregge, Parks &Recreation Director) 3. Consideration of the Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and Eagle Stix Lacrosse, Inc. for Girls Lacrosse Programming. (Agenda Item No. 13-109) (Jim Cregge, Parks &Recreation Director) 4. Consideration of the Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and All Tournament Players Park, LLC for Summer � Basketball Camps. (Agenda Item No. 13-110) ..I (Jim Cregge, Parks &Recreation Director) 5. Consideration of the Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and Kim Saunders Yoga, LLC for Yoga Classes. (Agenda Item No. 13-111) (Jim Cregge, Parks &Recreation Director) 6. Consideration of the Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and Newtown Recreation, Inc. for Athletic Programming for Boys and Girls in Multiple Sports. (Agenda Item No. 13-112) (Jim Cregge, Parks &Recreation Director) 7. Consideration of the Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and Sperber Music for Children's Music Classes. (Agenda Item No. 13-113) (Jim Cregge, Parks &Recreation Director) 8. Consideration of the Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and Young Men's Christian Association of Metro Atlanta, Inc. for Soccer Programming. �� (Agenda Item No. 13-114) l (Jim Cregge, Parks &Recreation Director) Regular Meeting of the Milton City Council Monday, May 6, 2013 at 6:00 pm Page 3 of 7 9. Consideration of the Approval of a Parks and Recreation Agreement for Outside Providers between the City of Milton and Young Men's Christian Association of Metro Atlanta, Inc. for Recreation Classes and Summer Camps. (Agenda Item No. 13-115) (Jim Cregge, Parks & Recreation Director) 10. Approval of a Construction Services Agreement between the City of Milton and A.L.S. Septic Systems to Provide Field Line Relocation at Fire Station 41. (Agenda Item No. 13-116) (Carter Lucas, Public Works Director) 11. Approval of a Construction Services Agreement between the City of Milton and Baldwin Paving Company, Inc. for Intersection Improvements at Deerfield Parkway and Morris Road. (Agenda Item No. 13-117) (Carter Lucas, Public Works Director) Motion and Vote: Councilmember Thurman moved to approve the Consent Agenda. Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0). � REPORTS AND PRESENTATIONS w 1. Proclamation Recognizing Peace Officers' Memorial Day and Its Origin in Georgia. (Presented by Councilmember Bill Lusk) FIRST PRESENTATION 1. Consideration of RZ13-10 —Batesville Road (North side approximately 1250 feet west of Birmingham Highway) Section 2/2, Land Lots 777, 736, 737, Cornerstone Bank, To rezone from AG -1 (Agricultural) to CUP (Community Unit Plan) to develop 15 single family residences (minimum 1 acre lots) on 19.9 acres. (Agenda Item No. 13418) (Kathleen Field, Community Development Director) Motion and Vote: Councilmember Kunz moved to approve the First Presentation Item. Councilmember Lusk seconded the motion. The motion passed unanimously (7-0). PUBLIC HEARING (None) ZONING AGENDA (None) Regular Meeting of the Milton City Council Monday, May 6, 2013 at 6:00 pm Page 4 of 7 UNFINISHED BUSINESS (None) NEW BUSINESS 1. Consideration of a Letter of Intent for Legal Representation of the City of Milton by Jarrard & Davis, LLP. (Agenda Item No. 13-119) (Ken Jarrard, City Attorney) Ken Jarrard, City Attorney: This is a document that will recognize my relationship with the City of Milton that has been ongoing since 2007. This is simply for systematic alien verification for entitlement programs and the source of documents that I have to provide to the City of Milton to confirm my legal status. It also made sense to provide an actual agreement. This letter does not change the relationship that I have with the City of Milton. It does not increase the fees or change the operational working relationship that we have. My relationship remains terminal for any reason at the will of the council. This letter just confirms the mutually productive relationship that has been ongoing for the last �, several years. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 13-119. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0). 2. Consideration of a Resolution Appointing Members to the City of Milton Construction Board of Adjustment and Appeals by Appointing Board Members for Districts 1, 2 and 6. (Agenda Item No. 13-120) RESOLUTION NO. R13-0�-258 (Mayor Joe Lockwood) Karen Thurman, Councilmember: I would like to nominate Bill Newell for the Construction Board of Appeals. Bill and his family live on Bethany Road. They have been active at Milton High School for several years. Matt Kunz, Councilmember: I would like to nominate Gordon Hunter. He has lived in the community for a long time and is very happy to serve in this capacity. Lance Large, Councilmember: I would like to nominate Rick Mohrig. He is a neighbor of mine and has served on the city council. He has been very involved with the city for several years. He owns a construction renovation business. Regular Meeting of the Milton City Council Monday, May 6, 2013 at 6:00 pm Page 5 of 7 Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 13-120. Councilmember Large seconded the motion. The motion passed unanimously (7-0). • Bill Newell was sworn in to the Construction Board of Adjustment and Appeals by Mayor Joe Lockwood. MAYOR AND COUNCIL REPORTS STAFF REPORTS Chris Lagerbloom, City Manager: We are going to add another item to the work session agenda that is in front of you tonight. This item developed from our retreat last week. We need to discuss how we would like to move forward with a one acre parcel located on Birmingham Highway. In addition, I would like to discuss with you whether or not we want to accept the Community Development Block Grant funds that we have previously discussed. We mentioned seeing if there was someone else we could partner with, other than Fulton County, to receive these funds. Preferably, we expressed the desire to partner with Alpharett a. I explored this opportunity and discovered that Alpharetta no longer receives CDBG funds; they elect not to take them. They had an audit several years ago and were told that they had to return almost $30,000. They decided that it was too difficult to manage and track the funds. They decided that if they ever elect to receive CDBG funds in the future, they would hire someone to manage and track the funds. I would like to present to you tonight some of the things that we would be required to do if we elected to take these funds. I would also like to share with you the demographics of Milton which will help you make this decision. The initial amount we would receive in 2012, 2013, 2014 is $53,750 each year for a total of $161,250. We would receive a reoccurring $53,750 each year after that. If we choose to receive these funds, some of the requirements would be: • Comply with the Davis Bacon Act which dates back to the 1930's. This act mandates wage requirements for certain types of Public Works projects. This would require us to submit weekly payroll reports to Fulton County on anyone who was working on the project. • A Fulton County representative would have to be present at any pre-bid or pre -construction conference. In addition, they would be allowed to visit the construction site to ensure we are adhering to HUD requirements. • The procurement procedures must adhere to the Fulton County procurement requirements. We cannot adhere to the state law requirements because Fulton County has a requirement that is more stringent than the state. • The Fulton County requirement is more stringent in the fact that they do not consider the elderly to be a protected class or a class that does not require a survey. Regular Meeting of the Milton City Council Monday, May 6, 2013 at 6:00 pm Page 6 of 7 1, i • Fulton County's policy states, "Income status of clients served (not applicable for limited �..r clientele groups such as abused children, elderly persons, battered persons, homeless persons, illiterate persons, severely disabled adults, and migrant farm workers) unless clients are in a noted affluent area then clients must be able to demonstrate low to moderate income. • Fulton County has classified the City of Milton as a "noted affluent area" and, therefore, the surveys have to be completed. • Programming income must be reported to the county and any programming income generated by the city may be retained by Fulton County. • Any publicity of the project has to document that Fulton County is a sponsoring agent. • We would have to work with Fulton County to create a plague that would have to be displayed at the site. • We would have to report how many new employees we hired to complete the construction project and how many were local Section 3 residents. Our census data shows that we have 3,341 seniors, 39% make less than $39,999 per year and 61% make more than that. I would like for you to give me some type of direction on how you would like to proceed with this initiative. Bill Lusk, Councilmember: I have worked with HUD on many construction projects and just having to comply with the Davis Bacon Act adds considerable cost to a construction project because of the mandated wage rate. Typically, HUD projects require that you have a certified audit at the end of the project which would be another cost. I have my doubts about whether accepting these funds would be cost effective. Mayor Lockwood: I think the consensus of the council is not to accept these funds. EXECUTIVE SESSION Motion and Vote: Councilmember Kunz moved to go into Executive Session to discuss land acquisition and pending litigation at 6: 45 p.m. Councilmember Longoria seconded the motion. The motion passed unanimously (7-0). RECONVENE Motion and Vote: Councilmember Thurman moved to reconvene the Regular Meeting at 7:55 p.m. Councilmember Longoria seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the vote. Regular Meeting of the Milton City Council Monday, May 6, 2013 at 6:00 pm Page 7 of 7 ADJOURNMENT (Agenda Item No. 13421) Motion and Vote: Councilmember Longoria moved to adjourn the Regular Meeting at 7:56 p.m. Councilmember Large seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the vote. After no further discussion the Regular Council Meeting adjourned at 7:56 p.m. Date Approved: May 20, 2013. Sudie AM Gordon, City Clerk Joe Lock L STATE OF GEORGIA ) AFFIDAVIT RE: CLOSURE OF COUNTY OF FULTON ) OPEN MEETINGS CITY OF MILTON ) Personally appeared before the undersigned officer, duly authorized under the laws of the State of Georgia to administer oaths, JOE LOCKWOOD, who in his capacity as Mayor and the person presiding over a Council meeting of the CITY OF MILTON, and after being first duly sworn, certifies under oath and states to the best of his knowledge and belief the following: At a Regularly Scheduled City Council Meeting held on May 6, 2013, at 6:00 PM the Council voted to go into closed session and exclude the public from all or a portion of its meeting. The legal exceptions applicable to the exempt matters addressed during such closed meeting are as follows: [Check or initial as appropriate] 1. X discussion or voting to authorize negotiations to purchase, dispose of, or lease property; authorizing the ordering of an appraisal related to the acquisition or disposal of real estate; entering into contract to purchase, to dispose of, or lease property subject to approval in a subsequent public vote; or entering into an option to purchase, dispose of, or lease real estate subject to approval in a subsequent public vote pursuant to O.C.G.A, 50-14-3(b)(1)(B-E); 2. discussing or deliberating upon the appointment, employment, compensation, hiring, disciplinary action or dismissal, or periodic evaluation or rating of a public officer or employee or interviewing applicants for the executive head of the city with the vote on any such matter coming in public pursuant to O.C.G.A. 50-14-3(b)(2); 3. X attorney/client privilege in order to consult and meet with legal counsel pertaining to pending or potential litigation, settlement, claims, administrative proceedings or other judicial actions brought or to be brought by or against the agency or any officer or employee or in which the agency or any officer or employee may be directly involved, pursuant to O.C.G.A. 50-14-2(1). 4. other (explanation): I certify that the subject matter of the closed meeting or the closed portion of the meeting was devoted to matters of official business or policy, with the exceptions provided by law as set forth above. SWORN TO AND SUBSCRIBED before me this 6th day of May, 2013. MAYOR JOE Notary Public My Commission Exp KWOOD