HomeMy WebLinkAboutMinutes CC - 05/10/2013 - MINS 05 10 13 WS (Migrated from Optiview)Work Session of the Milton City Council
Thursday, May 10, 2007, 5:30 PM
Page 1 of 19
Disclaimer for minutes:
This summary is provided as a convenience and service to the public, media, and staff. It is not the intent to record
proceedings verbatim. Any reproduction of this summary must include this notice. Public comments are noted and
heard by Council, but not quoted. This document included limited presentation by Council and invited speakers in
summary form. Official Meetings are recorded and available for review.
Work Session of the Milton City Council was held Thursday, May 10, 2007 at 5:30 p.m.; Mayor Joe Lockwood
presiding.
All Councilmembers were present.
Mayor Lockwood
Work sessions are a more informal setting to update the Council on business items.
No votes will be taken.
Public comment is allowed if it is germane to an agenda item.
Speakers are required to fill out a public comment card and turn it in to the City Clerk.
Public comment will be allowed for a total of 10 minutes per agenda item, 2 minutes per person.
Mayor Joe Lockwood
Asked Abbie Jones, City Transportation Engineer, to introduce Michael Haithcock, PE, Assistant State
Consultant Engineer.
Abbie Jones (Community Development)
Introduced Michael Haithcock
Mr. Haithcock was asked to attend work session so Council could meet a GDOT representative who can provide
answers to Council's questions about GDOT or questions about our City and GDOT.
Michael Haithcock
Employed by the Georgia Department of Transportation for 24 years.
He was working on several projects that are going on in this area.
When the Department of Transportation undertakes a major project, it typically takes 7-10 years to go from
concept to construction.
It is a slow, systematic, regulated process and this project is known as the PDP or Plan Development
Process, and there are a number of steps along the way.
They teach a class in the PDP which is a one-day class and recommended that several of their engineers and
councilmembers take this class to be more familiar with how this process works.
Funding is a big item and there is currently an $8 billion transportation deficient.
Looked at the needs over the next 20 years for the projects they have programmed and they found out they
are about 8 billion dollars short. He explained they did not care how they get the money or where it comes
from (state income tax, gas tax, etc.), but they know they need the money.
Two of the projects his office is working on currently need money and that is State Route 9 and State Route
140, and that they had selected consultants regarding both projects.
He has been personally involved in State Route 9 and they had already selected consulting firms for these
projects. He stated that preliminary engineering is a lot cheaper than buying right-of-way and a lot cheaper
than actually building the projects.
Opened up floor for questions.
Work Session of the Milton City Council
Thursday, May 10, 2007, 5:30 PM
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Councilmember Rick Mohrig
Regarding concept designs, he asked did he have an idea of what GDOT wanted to do regarding Highway 9 and
Hwy. 140.
Michael Haithcock
They are looking at coming up with concepts, but it would not be any time soon.
Environmental process is the most difficult.
Councilmember Rick Mohrig
Safety concerns regarding Highway 9
Issues because of location of some subdivisions, poses a risk in trying to get out.
He would like to work with GDOT to get some lights and signals.
Michael Haithcock
Suggested working with Alpharetta, as they have same concerns on the highways Milton is concerned about.
Alpharetta has pledged 1 million dollars to the DOT once right-of-way construction commences.
Need to talk to public, GDOT, local politicians and legislature to advise them of concerns.
Councilmember Bill Lusk
Asked what GDOT's phasing plan is for Highway 9.
Michael Haithcock
Two projects he is working on begins at the hospital and goes to Windward Parkway.
Looking at safety improvements near hospital like perhaps a raised median and more pedestrian areas and wider
shoulders.
Two projects roughly in area of 50 million dollars in his opinion.
Did not know where they would go from Windward Parkway in the fairly distant future.
Councilmember Karen Thurman
Asked what Council could do to help GDOT in the whole process of working with the community.
Michael Haithcock
City is member of ARC and that is a big plus and said the City has a lot of power and influence over ARC.
Let ARC know what the City's priorities are and the importance of the project.
Councilmember Julie Zahner Bailey
Regarding Arnold Mill (Hwy. 140) they have heard varying dates regarding right-of-way acquisition and
estimated dates for actually going out improving or widening the roads.
Michael Haithcock
In constant development and looking at coming up with concepts, but will not be any time soon.
2-3 years to put the concept together.
Has to be approved by Federal Highway and they have to have a draft and final of the environment document
and that could take 2-3 years.
Preliminary plans take 1 year.
Right-of-way plans could take 6 months.
To start buying right-of-way could be 3-4 years.
Work Session of the Milton City Council
Thursday, May 10, 2007, 5:30 PM
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Because of funding crisis their current 2008 projects got shifted to 2009 and 2010 and the entire program has
been shifted back so projects still in concept development will be a while and perhaps will not happen for the
next 5 years.
There are a lot of variations to the designs.
Go to public because it is almost impossible for the DOT to build a project without public and local support.
City Attorney Mark Scott
Would it be advantageous to work with other counties in addition to Alpharetta in Fulton County?
Michael Haithcock
As many cities and counties do, working with them would be a very good thing.
Forsyth County is very active in their dealings with the DOT.
Mayor Joe Lockwood
Important to the City of Milton is the Transportation Master Plan and he understood there was funding for the
NW Fulton County Transportation Plan. He wanted to make sure that although there is a funding issue, he
wanted to request those funds be kept for this project and transferred to the City of Milton.
Michael Haithcock
He would talk to his Director of pre-construction and will address these concerns with him.
Mayor Joe Lockwood announced the first Agenda Item:
Fiscal year 2007 Budget Adjustment
Carol Wolfe (City Treasurer)
Explained to Council that there were some changes to the budget from what had been given to the City Clerk.
She provided a handout with the current Budget Adjustments on it and that is what they would be going by this
evening.
Read from her Budget Adjustment 2007 Presentation and discussed the General Fund, Revenue Adjustments,
and Expenditure Adjustments. (Copy of Carol Wolfe's Fiscal Year 2007 Summary of Departmental Budget Adjustments
is attached to these Minutes and made a part of this record.)
Reviewed Budget with Council in areas of City Manager, Public Information, Operations-Finance, Operations-
Human Resources, Community Development, Community Services, Public Safety-Administration, Public
Safety-Police Services, Public Safety-Fire & Emergency Services, Legal, Risk Management, Other Financing
Sources, and Special Revenue Funds.
All funds have been balanced as required by state law.
At first public hearing this budget will be presented again in its entirety.
At second public hearing it will be presented in summary form and highlight any changes and take any
questions.
Jeanette Marchiafava (City Clerk)
Stated for the record that there was no public comment on this agenda item.
Work Session of the Milton City Council
Thursday, May 10, 2007, 5:30 PM
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Mayor Joe Lockwood called the next Agenda Item:
Volunteer Program Update – Milton Volunteer Pacers (MVPs)
Jeanette Marchiafava (City Clerk)
Stated for the record that there was no public comment on this agenda item.
Linda Blow (Projects Assistant)
Explained to Council that as part of their packet they had an outline of the Milton Volunteer Plan, which
outlines how the city goes about getting volunteers and the process.
She provided a list of the Committee Members as Council requested.
Names of the committees that have been formed or in the process of being formed.
Stated they are also looking for any ideas from Council on anything they would like accomplished.
City Manager Aaron Bovos
Informed the Mayor and Council that as an aside, regarding one of the items they heard from Carol Wolfe
was a $30,000 appropriation in the City Manager's budget for special events or special projects.
Linda Blow and he met on this matter and explained their goal is to plan four annual events within the City
that are community based events.
Crabapple Antique Fair being one of those.
Continuing to plan those types of events to help foster some community interaction with the government.
Mayor Joe Lockwood
Commented he had heard many good things about Linda Blow from many of the City volunteers.
Mayor Joe Lockwood called the next agenda item:
Code Enforcement/Environmental Violation, Procedures, and Issues
Mayor Lockwood asked the City Clerk if there was any public comment, and there was none.
Mike Tuller (Deputy Director of Community Development)
Stated Tom Wilson, Community Development Director, was out town.
He introduced Isaac Lewis, Code Enforcement Officer. .
Isaac Lewis will present a PowerPoint Presentation displaying his efforts with Code Enforcement.
He will discus some of the new programs related to the Noise Ordinance and Sign Ordinance.
Isaac Lewis (Code Enforcement Officer)
Discussed his PowerPoint Presentation topics showing how he operates on a weekly basis.
Code Enforcement facts: 1) Maintain compliance and 2) Inform the party of interest about any violation.
Important to educate violator on why the violation exists.
Notorious areas of violations are banners, balloons, and curb signs.
Addressing issues can sometimes take an hour or sometimes it can take two hours.
Showed from slide presentation that has broken city into general areas.
He makes every effort to patrol every road, every dirt road, every street and every subdivision to get total City
coverage in a week from one officer.
He enforces City ordinances while patrolling and stated the most important one is the zoning ordinance and then
the International Property Maintenance Code, building code Chapter 9, Solid Waste Ordinance, Alcohol
Beverage License, Chapter 7, Business License Ordinance, Chapter 11, and the new Noise Ordinance.
Work Session of the Milton City Council
Thursday, May 10, 2007, 5:30 PM
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First is Notice of Violation - stated what information is on Notice and passed a Notice around to be examined.
If violator does not comply with Notice of Violation, then next step is citation which is "must appear" citation.
Notice of Violation references the Code Section that they are violating and the court date, etc.
Councilmember Rick Mohrig
Questioned how long they had to comply with violation.
Isaac Lewis (Code Enforcement)
After a notice is delivered the standard time frame is 3 days and if mailed it is 10 days.
Every case is different.
Garbage violations for example - may take person 3-4 days to remove trash.
Junk vehicles violation - may need more time.
Court officials make the judgment calls on type of violation.
Gave code enforcement citation stats from 12/01/06 to present date.
Code Enforcement cases were 146
Currently working 48 cases.
There were 98 closed cases.
Issued 19 citations.
Councilmember Julie Zahner Bailey
What is biggest challenge faced with swimming pools.
Isaac Lewis (Code Enforcement)
Usually fences around swimming pools - must be enclosed and have a locking gate.
Councilmember Neal O'Brien
Did he have crossover regarding his work and the police department.
Isaac Lewis (Code Enforcement)
He did not have much contact with the police department unless he needed assistance serving a citation.
Councilmember Tina D'Aversa
Asked about the procedure for determining proper permitting.
If you actually see something going on do you check right then.
Isaac Lewis (Code Enforcement)
If he saw something going on, he would stop and ask to see their permit and if they cannot produce it, then
he would post a Stop Work Order. When he returned to office, he would check with permitting to see if
they have a permit.
Permits are supposed to be posted in plain view.
Work Session of the Milton City Council
Thursday, May 10, 2007, 5:30 PM
Page 6 of 19
Councilmember Julie Zahner Bailey
Had a question regarding vacant structures.
Historical structures being demolished.
Vacant historical structures that may have received code enforcement violations and, as a result, a
demolition of that structure may have occurred. She would like this issue to be looked at more closely.
Isaac Lewis (Code Enforcement)
Stated that Community Development Director Tom Wilson is responsible for those types of issues.
It is not his goal to have anything of that nature torn down unless it is in the immediate danger of collapse or
a public health or hazard issue.
Councilmember Bill Lusk
Acknowledged that Isaac Lewis had a tremendous scope of responsibility in the community and thanked
him for the job he has been doing.
Isaac Lewis (Code Enforcement)
All complaints and re-inspections take priority over other work.
Tries to address all complaints within 24 hours.
Councilmember Zahner Bailey
Received positive comments about the handling of code enforcement issues.
Mayor Joe Lockwood
Called the next Agenda Item:
Capital Improvement Plan Update (CIP)
Carol Wolfe (City Treasurer)
Distributed the Capital Improvement Plan Spreadsheet.
Estimated costs for project.
The plan was structured by department
Department Directors present to answer any questions about the projects.
Costs are estimates.
Years that are programmed in are only initial recommendation.
During the budget process changes can be made.
2008 will be year one of the budget and there will be a lot of projects that will be prioritized.
Will begin funding those projects as funding becomes available.
First item was for temporary fire station in Deerfield area estimated cost of $250,000.
Next two projects - Maintenance regarding Fire Station 10 and 14 estimated cost of $100,000 each.
Prioritize the maintenance of current assets before new projects are funded.
Supplemental Turn-Out Gear - possible grant funding and estimated cost of $80,000.
Thermal Imaging Camera - possible grant funding and estimated cost of $20,000.
Apparatus Replacement Reserve estimated cost of $50,000.
Vehicle Replacements estimated cost of $50,000.
Tornado Warning Sirens - possible grant funding. Broke up funding between years 2 and 3 at cost of
$48,000 per year.
Fire Tanker - possible grant funding and estimated cost of $250,000.
Firing Range - possible joint ventures with surrounding jurisdictions (5 years out).
Work Session of the Milton City Council
Thursday, May 10, 2007, 5:30 PM
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Public Safety Training Center - possible joint venture with surrounding jurisdictions (5 years out).
Fire Station - Freemanville Road - Long range - Discussion of Impact Fees/Bond Issue - 5 years out.
(Discussion of location possibilities).
Fire Apparatus - Freemanville Road - Long range - Discussion of Impact Fees/Bond Issue (5 years out).
Central Records Management System - Programmed in year 2. Estimated cost of $300,000.
City Manager Aaron Bovos
Advanced GIS tools to estimate response times using actual roads and traffic roads versus radius method.
Before doing any type of planning regarding fire station, will use this technology.
Councilmember Julie Zahner Bailey
Asked how Central Records Management System compared with CH2MHill.
Carol Wolfe (City Treasurer)
Presently, the City of Milton does not have a central records system of any type.
One has been purchased for Public Safety, but it is geared toward that department only.
City Clerk's Office is currently responsible for those records manually.
New system would be for all City records.
Councilmember Bill Lusk
Asked how City was progressing with retrieval of records from Fulton County especially with Community
Development.
Carol Wolfe (City Treasurer)
Tom Wilson has spent time with Fulton County over the past several weeks retrieving records.
Believed City is in last phase of obtaining records from Fulton County in that area.
Business licenses and alcohol beverages licenses are very voluminous and not in any alphabetical or
chronological order.
Johns Creek Records Clerk spent 4-6 weeks at Fulton County and scanned and recorded the alcohol
beverage and business licenses for both Johns Creek and Milton.
Spreadsheet contains this information and working on trying to reclaim some of that revenue.
Carol Wolfe (City Treasurer) - [Continued from Capital Improvement Plan Spreadsheet, Page 2].
Plan is breakout of a vision of a City Hall Complex (very preliminary).
Land Acquisition
City Hall Facility (design and construction)
Fire Station
Fire Apparatus
Police Precinct Facility
Stated all programmed out for years 4 and 5 with some being multi-year funding.
Arnold Mill Road Corridor Master Plan - Moving into Community Development area of capital
improvement planning - possible grant funding and programmed currently in year 2 for State Road 140.
Impact Fee Study - recommend doing quickly - perhaps next budget year to begin to study an impact fee
program as funding mechanism for future capital projects.
Councilmember Karen Thurman
Impact fees are usually controversial and asked if would be getting community input.
Councilmember Julie Zahner Bailey
Fulton County did a great deal of work regarding impact studies.
Work Session of the Milton City Council
Thursday, May 10, 2007, 5:30 PM
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Perhaps we could use some of their data to capture what they did.
Study has to be done first to determine what the impact would be.
Carol Wolfe (City Treasurer)
Stated study would be to consider the advantages and disadvantages and options. This would come back to
the Council to either approve or not.
Design Guidelines for Master Planned Areas - estimated cost of $50,000.
Renovations to Bethwell Community House - estimated cost of $50,000.
Renovation to Crabapple Community House - estimated cost of $75,000.
Decision made not to rent these due to current conditions. If they are renovated, they could be rented.
Councilmember Bill Lusk
Question regarding Providence Apartments.
Would it be considered in current study?
Carol Wolfe (City Treasurer)
Stated it was not on the current plan because they did not know the time frame that it would be acquired
from Fulton County, but probably 4-5 years out.
Probably should be added to plan.
Continued reading from page 3 of the Capital Improvement Plan - Community Services Program
Park Land Acquisition - contingent on City's plan for parks in the City - possible grant funding
Soccer Complex Acquisition - estimated cost of $435,000 - 3 years out.
Park Land Development which includes many items: adult ball fields, youth ball fields, soccer fields,
football fields, tennis courts, playgrounds, facility development, parks maintenance facilities/storage facility,
greenway/trail Development.
Programmed out beginning in year 3 and out to year 5.
Regarding the 200 acres the City already owns, we can begin to fund development that Council decides they
want.
Councilmember Karen Thurman
Question as to if they could develop what the City already has before they buy additional property.
Carol Wolfe (City Treasurer)
As funding would be available, then those developments would be moved up on the plan.
Continued reading from page 4 of the Capital Improvement Plan - Community Services Program
Councilmember Julie Zahner Bailey
Comprehensive Land Use Plan update process would include a review of recreation opportunity.
As they go through the Master Plan initiative for the Birmingham Park and others, out of that process would
come funding that would tie into that development.
Carol Wolfe (City Treasurer)
Estimated funding that would fund what Council's vision wants Milton's recreation to look like.
Councilmember Julie Zahner Bailey
Did information that some of the consultants had done regarding estimates for the cost of field development
based on specific land tie to some of the current estimates.
Work Session of the Milton City Council
Thursday, May 10, 2007, 5:30 PM
Page 9 of 19
Carol Wolfe (City Treasurer)
Some of the numbers for the Capital Improvement Plan did come from Fulton County's Master Plan
document.
List of transportation projects.
Financing sources for transportation projects are from matches, TEA federal money.
Arnold Mill Rd. at New Providence Road
Providence at Bethany
Birmingham at Providence
Freemanville Road at Providence
Northwest Fulton Transportation Plan Design
Mayfield at Mid-Broadwell
Shoulder Improvements - many areas - possibly funded by legislative grant for paving.
Mid-Broadwell Connector
Charlotte Extension
Transportation Right-of-Way Acquisition
Storm Water Management (Group of Projects) - Some are programmed in year 1 and year 2 as more
immediate in Capital Improvement Plan.
Abbie Jones (Transportation Engineer)
Discussed the two active transportation projects.
Introduction of Carson Spencer who performed the preliminary work when it began as a Fulton County
project.
Two separation intersections being discussed.
PMAs (Project Management Agreements) - Relationship in writing between GDOT and City Council to
continue the projects that had already begun.
She used maps to indicate location of projects showing locations that where referenced by Carol Wolfe as
transportation projects and corresponds with the last CIP update that was posted in PowerPoint on the
website.
Projects 1 and 2 being the two projects that Carson Spencer spoke about.
Not prioritization order, but just the Milton numbers that were assigned for the projects.
Carson Spencer
Started with Fulton County projects in late spring of 2005 and moved into concept development phase.
Progressed to public information open houses for both projects on same night in November 2005.
Reworked projects and took to GDOT for concept discussions in May 2006.
Looked at environmental consequences of both of these projects.
Stated that Council had packets that contained more detailed information to follow along with.
Received approval for the categorical exclusions in January of 2007.
Projects then went through preliminary development.
Reached stage of submitting preliminary plans to DOT in preparation for Preliminary Field Plan Review or
PFPR.
This stage occurs before you can move into right-of-way development and final planning phase.
Projects have now been transferred to City of Milton and ready to go to PFPR meeting with DOT.
Have preliminary cost estimates for both projects that include construction, right-of-way and grand total
project costs.
Freemanville project - $1.9 million preliminary cost estimate.
Bethany project - $1.4 million preliminary cost estimate.
Continued going through handout with Council.
Both projects are 2007-2008 construction and will have updates coming regarding these.
Work Session of the Milton City Council
Thursday, May 10, 2007, 5:30 PM
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Both projects could be built the same summer.
Suggested starting with Bethany intersection.
Some improvements could be started at same time on Freemanville once Bethany base is down.
Recommended City look at giving both contracts to the same contractor so they could coordinate the work
across both intersections for efficiently and effectively.
Roundabout studies show it may be safer at intersections and has a more community friendly feel.
Councilmember Bill Lusk
Questions about designs and right-of-way limits.
Councilmember Karen Thurman:
Curb and gutter limitation concerns and are there other alternatives.
Keeping rural look in Milton.
Abbie Jones (Transportation Engineer)
Traditional signals can be done in areas that do not have curb and gutter.
Generally for roundabouts, could not think of anywhere in the south that did not have curb & gutter.
Traditionally in this area curb and gutter are used.
Issues for raising of medians, etc.
Have done nothing yet with the plans - came to Milton as they look now.
Councilmember Bill Lusk
Asked where Providence Birmingham stood on priority project list.
Abbie Jones (Transportation Engineer)
That project does not currently have an approved concept report yet and the other two presented tonight to
have an approved concept report, so they are further along in the approved process.
Will be explained more in the next updates.
Encouraged everyone to attend the PDP class that explains the tracking process.
Councilmember Bill Lusk
Asked where Providence Birmingham is in the cycle.
Abbie Jones (Transportation Engineer)
Did not have that information at the moment, but believed it was about a year behind these other two
projects.
Continued discussion with Council, Abbie and Carson Spencer about projects including Bethany Providence
intersection and saving trees there, especially one large oak tree and also an historic home located there, and
trying to minimize the impact on the corner of the property in question, traffic signal additions, and
Hopewell Road challenges because of speeding there.
Stated regarding funding, these are 80%-20% projects so the City does have matches and as the City budget
was developed back in September, monies had been set aside for these projects during the 2007 year.
When people email information regarding transportation issues, they are logged in and tracked.
Carol Wolfe (City Treasurer)
The elected body and the public can communicate areas that you see and hear and areas of concern.
Greenway funding would be for whatever trail development Council would prioritize.
Recommendation for Bike-Ped trail will include the costs involved.
Work Session of the Milton City Council
Thursday, May 10, 2007, 5:30 PM
Page 11 of 19
Mike Tuller (Deputy Director of Community Development)
Abbie Jones provided information to Dr. Drummond (Bike-Ped Committee) regarding other funding
programs related to safety, matching funds, etc. when developing trail priorities.
Trying to get some conceptual cost estimates without right-of-way as part of equation.
Mayor Joe Lockwood
Called the next Item:
Discussion of concept for an Access Control Ordinance
Mayor Joe Lockwood
Asked City Clerk if there was Public Comment and there was none.
Chris Lagerbloom (Public Safety Director)
Will be preparing an ordinance for the first meeting in June for first reading and second meeting in June for
the second reading for a timeline.
Access Control is ability to get behind a gate that is attached to a multi-family complex (apartments
complexes, town home communities and neighborhoods).
Possibility of siren activation as a second mode of opening gates.
Believes we need a backup ordinance (i.e., key code as first and siren as second).
Least expensive - simple code system provided by City or the complex provides City with their chosen
code.
Need updates for the codes.
Key Vault System is a safe box as second option.
Attached to the gate and houses is a box with a key using a code, etc. to get through the gate.
Residential and commercial knock boxes are purchased for around $179-$239 and an installation fee.
Further discussion about types of boxes.
Electronic transmitter concept and is available in many versions and would install to the gate and acts on an
encrypted frequency with the transmitter and would open and close the gate for a specified time period.
Electronic transmitter is more expensive, but cost is worth ability to enable a quick first response.
Cost is approximately $400 plus installation and cost is determined on where it can be placed on the gate.
City could go through qualifying process to pick vendors and use only those vendors to install.
Councilmember Karen Thurman
In process of redoing the gate system for their subdivision.
Before a final contract is done, she wanted to make sure that they talk about this again.
Mayor Joe Lockwood
Asked if there was a way to pass along the costs of this.
Perhaps a few dollars per person for large subdivisions versus the positive safety issues.
Chris Lagerbloom (Public Safety Director)
Routinely the neighborhoods are responsible for purchasing and having the electronic transmitter piece and
the City is responsible for purchasing and maintaining the transmittal for ownership reasons and is about
$22.00 a piece.
Councilmember Karen Thurman
Inquired if this installation was a one time cost and not annually.
Work Session of the Milton City Council
Thursday, May 10, 2007, 5:30 PM
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Chris Lagerbloom (Public Safety Director)
Generally last about 10 years.
Low maintenance.
Identified by some type of marking on the gates and will notify first responder that it was one that is
registered.
Councilmember Neal O'Brien
Asked about level of safety for system being compromised.
Chris Lagerbloom (Public Safety Director)
Not heard any negative comments.
Discussion about best type of transmitter/code system.
E-Code system being one of the best regarding having a proprietary frequency that would be assigned
to the City of Milton.
Security Process involved.
System would be as secure as the remote.
Councilmember Karen Thurman
If ordinance was put into place, would the subdivisions or multi-family communities be given a time period.
Chris Lagerbloom (Public Safety Director)
Responded yes they would be given a time to comply and also force them to go out and meet everyone who
had a gate.
Slight cost attached, but also good news that the City has an interest in protecting their neighborhood.
Would be compliance timeframe.
There are similar items, but have differences.
E-Code is marketed to be different because of the type of frequency based on the gate.
Discussion about sole sourcing.
Set price as of this time is $398.40 each.
E-Code is based out of California.
Needs to test it on a gate before making a final recommendation.
City Manager Aaron Bovos
City would be mandating one particular item to be used citywide.
Councilmember Bill Lusk
Asked if E-Code had a comparison chart as far as compatibility with different gate operators.
Any incompatibility with E-Code's transmitter and other operators.
Chris Lagerbloom (Public Safety Director)
E-Code actually has 4 wires that could attach to the operator itself.
Explanation of process and how it would work.
Five-Minute Break:
Mayor Joe Lockwood
Called for a short break.
Work Session of the Milton City Council
Thursday, May 10, 2007, 5:30 PM
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Reconvene:
Mayor Joe Lockwood
Reconvened work session and asked City Clerk if there was any public comment on next item and there was
none.
Discussion on developing a Community Improvement District (CID) for Milton
Councilmember Tina D'Aversa
Main goal is awareness of the opportunities.
Challenges with the CIDs (12 in metropolitan Atlanta, 3 in Gwinnett, and a North Fulton CID).
CID is a community improvement district that is self-taxing that uses additional property tax dollars to
improve its district to do other projects necessary in community.
Comprised of private commercial properties zoned as office, industrial, and retail properties.
Residential and multi-family properties not taxable by a CID.
Businesses in the community that come together and agrees by 75% agreement to self-tax themselves and
put that money into an infrastructure development within the City.
Do not have a lot of business in commercial.
Opportunity to improve the districts where there are businesses.
Passed out information (brochures, advertorial cover from a business magazine).
Talked with Director of Perimeter CID.
Asked how business community might be engaged.
Positive way to improve the area.
Perhaps some business leaders in the community to come together.
Councilmember Julie Zahner Bailey
Asked City Manager if the CID would have to be geographically bound.
Asked if there was anything that would preclude the City from having just one CID since the City is more
residential than commercial.
City Manager Aaron Bovos
Stated you could have one or you could have multiple CIDs.
Staff could do some legwork with respect to creation of a CID and obtaining property owners' names to
contact via letter.
Need to think about who would manage the money if we sponsor the creation of a CID.
We would need to have a strong working relationship with whatever entity manages the money as they will
prioritize the spending of the funds - not the City.
Create from GIS maps and the boundaries wanted.
Perception of government coming in and requesting more tax is something to consider.
Councilmember Karen Thurman
How is the 75% determined?
Better coming from the business community.
Would not want some of the smaller business owners think the City was levying another tax on them.
Councilmember Tina D'Aversa
75% of the taxable value of the commercial property located within the proposed CID boundaries.
Real estate development community got it started and then accounting firms, malls, etc.
Work Session of the Milton City Council
Thursday, May 10, 2007, 5:30 PM
Page 14 of 19
City Manager Aaron Bovos (Responding to questions from members of Council)
Education process is critical.
CID will have a board similar to the Council.
Board members are the property owners.
Really is another political being that gets to prioritize their projects.
When CID is created the county bills on their property tax bill.
City has no financial process - not going on City invoices and the City does not collect or turn over the
money.
All external to the City.
Experience has been both good and bad.
Boards can agree that projects are the same as the City, and then it is easy.
Boards can decide they want to spend money on other projects instead.
Have to meet constructions standards and sign standards.
Perimeter has done some phenomenal projects and won some huge awards.
They pay for police officers to direct traffic, employees pay for working at home - the whole
project -- not just transportation.
Councilmember Tina D'Aversa
CID can be a partner to the City regarding grants.
What would be the next step - perhaps developing a committee?
Perhaps being open-minded to business community coming to City.
City Manager Aaron Bovos
Opened to both and with the City moving forward.
First step for Council is to identify and define the area they want.
City can then assess.
Trying to manage one particular project that crosses multiple jurisdictions with multiple
matches, dealing with multiple bodies are very complex.
Councilmember Neal O'Brien
Possibility for Hwy. 9 would be to try to stimulate a mirror project at the county line at Morris Road and
Bethany.
Perhaps talking with Forsyth about a McFarland and Morris corridor and would encompass Highway 9 and
east of 400.
Councilmember D'Aversa
May be a benefit that we cross jurisdictions - cities and counties.
Engage the business community to collective take pride and ownership in the City.
Mayor Joe Lockwood
Called the next agenda item:
Discussion on Amendments to Chapter 6, Code of Ethics and Standards of Conduct
Mayor Joe Lockwood
Called for public comment.
City Clerk Jeanette Marchiafava
Public comment from Carol Lane.
Work Session of the Milton City Council
Thursday, May 10, 2007, 5:30 PM
Page 15 of 19
Carol Lane, 14890 E. Bluff Road, Milton, Georgia.
Member of the Board of Ethics of City of Milton.
Discussed the Sandy Springs Ethics Ordinance adopted by Council.
City of Milton adopted same Ordinance in November 2006.
Discussion about Attorney Jim Langlais who headed the Ethics Committee of Sandy Springs
meeting with City of Milton to review Ordinance.
Requested Council refer document with suggested amendments back to the Board of Ethics.
Review with City Attorney and give back to Council with Ethics Board's recommendations.
City Clerk Jeanette Marchiafava
Public comment from Susan Campbell.
Susan Campbell, 245 Bay Colt Road, Milton, Georgia.
Supports changes in Chapter 6 Code of Ethics and Standard of Conduct.
Member of Board of Ethics, but speaking as a citizen.
In agreement with the proposed changes mentioned in Section 17 under Procedures for hearing complaints.
Saves money for city and taxpayers.
All alleged violations should follow proper procedure.
Agrees that no public service shall while in the course of their duties engage in any kind of behavior
toward another public servant or member of the meeting that is received by the recipient as threatening or
abusive in nature.
Supports and endorses wrongful use of the Ethics Board.
Complaints directed to Board must be based on fact.
Unfounded complaints should be subject to penalties.
City Attorney Mark Scott
Holes were found in the Ethics Ordinance.
He worked with the City Manager regarding the amendments and got input and feedback from Attorney Jim
Langlais.
Wrongful Use of Ethics Board and Wrongful Use of Board of Ethics were written by Attorney Jim Langlais.
Proposed amendments were discussed in general with the Ethics Board.
Entire proposed amendment package was presented to the Ethics Board members.
Should have their comments in time for Council's second reading on June 7th.
Reviewed by Public Safety Director, Chris Lagerbloom.
Some issues with police conduct.
He then went over the highlights of the amendments being proposed with Council and
Qs&As.
Lot of potential for abuse in an ethics complaint.
Do not want to have politics by ethics complaints.
Need to tighten up requirements for filing ethics complaints and done for right reasons are important.
Needs to be a confidential process.
If someone knows of an ethical violation they have an obligation to bring it forward.
Any person can file an ethics complaint.
If not certain that a complaint needs to be filed, should check with City Attorney first.
Mayor Joe Lockwood
Do not want frivolous accusations.
Want people to feel comfortable that they can file complaints.
Work Session of the Milton City Council
Thursday, May 10, 2007, 5:30 PM
Page 16 of 19
Regarding Section 21, perhaps soften the words a little and take out the words "criminal prosecution," and
"perjury."
Do not want to scare people off.
City Attorney Mark Scott
Attorney Jim Langlais wrote this language.
Councilmember Bill Lusk
Consequence for perjury.
City Attorney Mark Scott
Perjury is a felony.
If Ethics Board makes a finding that perjury occurred, it would be turned over to the District Attorney's Office
for prosecution via a letter to the D.A. detailing their findings.
D.A. would make determination on whether to proceed with criminal prosecution.
Councilmember Tina D'Aversa
Obligation to bring forth a possible violation.
What happens if violation is not brought forward?
Must meet the strict requirements.
Challenge with City Attorney being unbiased if another councilmember was bring something that could possibly
be a violation made by another Councilmember, the Mayor, or City Manager.
City Attorney Mark Scott
From technical standpoint then you yourself, as a public servant, could be in violation and someone else could
file a complaint against you for knowing about it and not filing a complaint.
Like honor code in a military academy.
Bring forward in good faith and check with City Attorney or even get outside legal opinion initially.
If anyone feels at any point that an ethics complaint needs to be filed, consult the ordinance first and see if it has
indeed been violated to help weed out what is a true violation or just something you believe is wrong.
Ethics complaints can be filed by anyone.
From ethical standpoint and under the Rules of Professional Conduct that he has to live and work by, the client
is not any one of you -- his client is the City.
City Attorney Mark Scott continued with lengthy discussion with Q & A and examples of allegations in
complaints and validity of the charges brought.
City Councilmember Zahner Bailey
Duty to explore allegations.
City Attorney Mark Scott
Trying to better formalize and better define the process of the Ordinance.
If complaint involves an accusation against an individual it will always be in the form of a complaint, filed with
the Clerk and then reported to the Ethics Board but referred to the City Attorney for investigation.
Attorney determines whether or not there is a case before you actually present an indictment.
After case is investigated a formal report is written on the investigation.
Recommendation is made based on review of the evidence.
Report this to the Ethics Board who acts like a grand jury who decides whether to indict or not.
Process must be formalized because of the seriousness of the accusations.
People should be given a fair chance in being investigated on both sides.
Work Session of the Milton City Council
Thursday, May 10, 2007, 5:30 PM
Page 17 of 19
Always goes lastly to the Ethics Board who makes a determination.
If it involves a Councilmember, then the Ethics Board refers to the Council which has to make the ultimate
decision.
Councilmember Rick Mohrig
Does Council have an obligation to report or notify someone that an ethics complaint has been filed.
City Attorney Mark Scott
Process is already in place.
It is filed with the Clerk.
No outside notification.
Regarding Public Records - what goes on during a pending investigation is not subject to open records.
Once investigation and recommendations are completed then it would be subject to open records because then
the investigation would be completed.
Councilmember Julie Zahner Bailey
In the ordinance talks about the fact that people can go to Ethics Board for a confidential opinion and asked is
this just for the City Attorney.
City Attorney Mark Scott
Can go to Ethics Board as well for a confidential opinion as well.
Trying to differentiate between a confidential opinion as to someone's particular behavior opposed
to a confidential opinion as to potential ethical issues.
May need advice on whether something violates the ethics ordinance without saying who it is or what it is.
Could go to Chairman of the Board or appear at a meeting and address it in that arena.
May ask City Attorney to then do some research on the issue.
Cannot use names or would be violating confidentiality.
City Manager Aaron Bovos
Thanked members of Ethics Board that spoke.
Clarified that based upon the state laws written and GMA's practices with respect to ethics committees, the
committee is intended to be a proactive committee.
Not proactive in searching out and finding an ethics complaint, but in the education component.
Some of changes are in respect to making sure that the City is promoting an ethics committee that is promoting
education within the organization versus proactively finding violations.
Goal is to follow these practices and utilization the committee in that fashion.
City Attorney Mark Scott
Ethics Board is powerful and deals with powerful issues.
Discussed what happened in Alpharetta a few years ago.
Ethics Ordinance or Ethics Board is not to be a Spanish inquisition and need to make sure that the Ethics Board
Follows the correct procedures and doing what they should be doing regarding appropriately investigating what
should be investigated.
Educating people on what is ethical and what is not.
Ethics Board shall not undertake an independent investigation.
Discussed wrongful use of ethics Board and wrongful use of the Code of Ethics.
Councilmember Tina D'Aversa
Based on her own experience, she believes there should be strict adherence to requirements for bringing a
complaint against someone.
Work Session of the Milton City Council
Thursday, May 10, 2007, 5:30 PM
Page 18 of 19
Frivolous suits of any type should be judged harshly.
We are a new City and want to make sure right decisions are made.
Believes that language could be softened regarding criminal prosecution.
Ordinance is to encourage people to make sure we are a City of Ethics.
City Attorney Mark Scott
Whether or not the language is in the Ordinance or not, it does not change whether somebody has committed
that crime by filing a frivolous complaint.
There must be absolutely a good reason to file a complaint.
If someone has a question about whether an ethics violation has been committed, they could bring a hypothetical
situation to the Ethics Board without using a name.
Continued discussion with City Attorney and Council about the language for filing frivolous complaint.
Councilmember Julie Zahner Bailey
We are a City of Ethics.
Do not want to be more fearful that people are going to misuse the process.
Need balance so not to discourage public involvement.
Interpretation of the language will be an issue.
Supports looking at some alternative language.
Do not want to discourage instead of encouraging the public.
Language now is somewhat intimidating.
Councilmember Neal O'Brien
Jim Langlais wrote the Ordinance language and understands he is an authority.
Referenced the Duke matter where lives can be permanently marked and changed forever.
It appeared to be based on an unfounded complaint.
Cannot account for potentially egregious conduct.
If complaint was blatantly frivolous and brought designed to harm an individual, then they should be liable for
their actions, even if it is harsh or redundant.
Continued discussion with City Attorney, Mayor and Council about language. A suggestion was made by Mayor
to have City Attorney draft some alternative language for everyone to review.
Mayor Joe Lockwood
Called the next agenda item:
Discussion on Representation during Public Comment period of City meetings
Mayor Joe Lockwood
Called for public comment and City Clerk stated there was none.
City Attorney Mark Scott
Concerns regarding representations made before City Council and Boards & Commissions by individuals.
Important that we make certain any person speaking at any meeting on behalf of anyone other than themselves
actually has the permission and/or authority of the individuals or organizations.
Must be clear whether or not they are speaking on their own behalf.
Look at amending the Rules of Procedures so that the City requires the execution and notarization of a document
(referencing a sample affidavit that Fulton County requires).
Sworn document that states a person has the authority to speak on behalf of the organization they state you are
speaking on behalf of…
Work Session of the Milton City Council
Thusday, May 10,2007,5:30 PM
Page 19 of 19
Help alleviate an individual or organization being misstated or misquoted by an individual.
City Clerk working on minor modifications to the Rules and Procedures Ordinance and he suggested it be
included in that an Affidavit that is a sworn statement subject to penalties and perjury.
Affidavit would need to be notarized before the person would speak.
Open Discussion among Council and City Attorney:
Suggestion that statement about sworn afidavit be discussed when they are being told about Public Comment
Cads.
Why should someone be able to speak on the behalf of somebody else?
No way to police someone speaking on behalf of someone else.
Problem exists when someone then gets misquoted.
Really hearsay and cannot be stated in a court action if not sworn to in writing by an affidavit.
Emails come under the same category if they do not come from the individual directly.
Admissible of the evidence versus the weight of the evidence.
Just as Council is not going to allow people to attend meetings and become out of order, they should not allow
people to say something that another aIlegedly said.
Require that formal notarized letters or afidavits must be read into the record before they can be atlowed to
speak.
City Attorney Mark Scott
Suggested drafting a short paragraph to add to the Rules and Psocedures Ordinance that states nobody can speak
on behalf of other parties unless they have a verified written letter or sworn affidavit.
Need to be able to stop someone from speaking during public comment if this requirement is not adhered to.
Can ask the speakers when they come up to the podium to speak and inquire abut the group they state they are
speaking on behalf of.
Mayor Joe hckwmd
Asked if there were any other questions or comments and there were none.
After no further business, the meeting adjourned the Work Session at 9:30 PM.
Date Approved: August 2,2007
JeMe R. Marchiafava, City Clerk Joe ~ockwood,~ayd