Loading...
HomeMy WebLinkAboutMinutes CC - 11/17/2014 - MINS 11 17 14 REG (Migrated from Optiview)Regular Meeting of the Milton City Council Monday , November 17 , 2014 at 6:00 pm Page I of 16 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 summary form. 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 November 17, 2014 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Reverend Calvin Odhner, Morning Star Chapel, Milton, Georgia. CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLL CALL Present: Councilmember Thurman, Councilmember Kunz, Councilmember Lusk, Councilmember Hewitt, Councilmember Longoria and Councilmember Mohrig. PLEDGE OF ALLEGIANCE (Led by the Sons ofth e American Revolution) APPROVAL OF MEETING AGENDA (Agenda Item No. 14-303) Motion and Vote: Councilmember Longoria moved to approve the Meeting Agenda. Councilmember Mohrig seconded the motion. The motion passed unanimously (7-0). PUBLIC COMMENT Regular Meeting of the Milton City Council Monday, November 17,2014 at 6:00 pm Page 2 of 16 CONSENT AGENDA l. Approval of the October 13,2014 Work Session Meeting Minutes. (Agenda Item No . 14-304) (Sudie Gordon, City Clerk) 2. Approval of the October 20, 2014 Regularly Scheduled Council Meeting Minutes. (Agenda Item No. 14-305) (Sudie Gordon , City Clerk) 3. Approval of a Professional Services Agreement between the City of Milton and Edwards­ Pittman Environmental, Inc. for Crabapple Environmental Re-Evaluation. (Agenda Item No. 14-306) (Carter Lucas, Assistant City Manager) 4. Approval of an Amendment to the Intergovernmental Agreement with MARTA for the Use of Offset Funds for the Installation of Sidewalks. (Agenda Item No. 14-307) (Carter Lucas, Assistant City Manager) 5. Approval of a Construction Services Agreement between the City of Milton and Martin-Robbins Fence Company for Guardrail Replace or Repair on Cogburn Road, Hamby Road and Mountain Road. (Agenda Item No. 14-308) (Carter Lucas, Assistant City Manager) 6. Approval of the Acquisition of 0.024 Acre of Construction and Maintenance Easement at 12645 Crabapple Road from PWREO Crabapple, LLC for a Combined Purchase Price of $9, I 00. (Agenda Item No. 14-309) (Carter Lucas, Assistant City Manager) 7. Approval of the Acquisition of Real Estate Requiring the Relocation of Mobile Home Sales Office at Branyan Trail and Itaska Walk by The Providence Group, LLC for a Combined Purchase Price of $1 0,154. (Agenda Item No. 14-310) (Carter Lucas, Assistant City Manager) 8. Approval of the Acquisition of 958.11 SF of Construction and Maintenance Easement at Hopewell Road and Birmingham Road from Maria and Oswaldo Lozano for a Combined Purchase Price of$1 ,648. (Agenda Item No. 14-311) (Carter Lucas, Assistant City Manager) 9. Approval of the Acquisition of45l.98 SF of Construction and Maintenance Easement at 15712 Hopewell Road from Margaret O ' Connor and David Velutini for a Combined Purchase Price of $4 ,511. (Agenda Item No. 14-312) (Carter Lucas, Assistant City Manager) Regular Meeting of the Milton City Council Monday, November 17 , 2014 at 6:00 pm Page 3 of 16 10. Approval of the Audit Engagement Letter with Mauldin & Jenkins, LLC to Audit the City's Financial Statements for the Fiscal Year Ending September 30, 2014 . (Agenda Item No . 14-313) (Stacey Inglis, Assistant City Manager) 11. Approval of the Termination of a Contract with Tyler Technologies, Inc. for Energov Software. (Agenda Item No . 14-314) (Stacey Inglis, Assistant City Manager) 12. Approval of an Amendment to the Contract with Tyler Technologies, Inc. for Incode Software to Add the Business License Module. (Agenda Item No. 14-315) (Stacey Inglis , Assistant City Manager) Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0). REPORTS AND PRESENTATIONS (None) FIRST PRESENTATION 1. Consideration of an Ordinance Reaffirming and Establishing Chapter 46 of the Milton Code of Ordinances Governing Solid Waste Collection Services within the City of Milton; Providing for the Scope and Nature of the Operation; Providing for the Disposal of Garbage, Solid Waste and Refuse; Requiring the Execution by Service Providers of a Non-Exclusive Agreement with the City of Milton; Providing Procedures for the Handling of Complaints; Providing for an Infrastructure Maintenance Fee; Requiring Indemnity Insurance; Providing for Revocation and Amendment; Prohibiting Assignment and Subletting without Consent ; Providing for Forfeiture; and for Making Other Provisions. (Agenda Item No. 14-316) (Chris Lagerbloom, City Manager) Motion and Vote: Councilmember Thunnan moved to approve the First Presentation Item. Councilmember Lusk seconded the motion. The motion passed unanimously (7-0). PUBLIC HEARING (None) Regular Meeting of the Milton City Council Monday, November J 7, 20 J 4 at 6:00 pm Page 4 of 16 Zoning is transcribed verbatim ZONING AGENDA 1. RZ14-14 -Consideration of an Ordinance to Amend Section 64-1596 Event; Special Indoor/Outdoor, of the City of Milton, Georgia Code of Ordinances to Include Provisions of Chapter 34, Article III, Division 2, to Streamline the Existing Regulation of Special Events; and to Limit Sales from Vehicles at Special Events; to Provide for the Repeal of Conflicting Ordinances; to Provide an Effective Date; and for Other Lawful Purposes. ORDINANCE NO. 14-11 -22 7 (Agenda Item No. 14-297) (First Presentation at November 3,2014 Regular City Council Meeting) (Discussed at November 10, 2014 City Council Work Session) (Jason Wright, Director ofInnovation and Engagement) Jason Wright, Director of Innovation and Engagement Hello. Thank you very much for your time today. Before you, you have the special events code which is moving into the zoning section which is why it is before you in the zoning code process. Just a little bit of history. In September, the City Manager asked the Communications Department, now the Innovation and Engagement Department, to take over the permitting of special events. So, we took the process and kind of beat it up and talked with everybody that it touched and essentially established sort of a concierge service through Angela Thompson. As part of that process, we discovered that the code language for a lot of special events was in Parks and Recreation only they had not been involved in special events for about two years at that point. So, the thought was just to simplify it and move all code into the same section which happened to be in the zoning section. So, that is what you have before you. I will entertain any questions if anybody has some. Mayor Lockwood Does anybody have any questions on that for Jason? Councilmember Lusk Jason, down in article 3H, I think it refers to, well, it says "sales from vehicles are prohibited unless approved for the special event by the Special Event Coordinator for the City of Milton." Sales from vehicles, I would assume that includes food trucks? Jason Wright Yes, that was one of the interesting kind of wrinkles that we discovered. In our code section, food trucks are actually illegal according to what was in the zoning code, or rather the special events code. So, what we did was we simply said clearly any food truck that is going to come to a special event that requires a permit we are going to need to know about and they will have to have everything they need for food trucks. I mean, you can't just pull up a truck and start selling hotdogs and hamburgers out of the back of it anymore. So, that is really the aim of that section is to simply contemplate food trucks. For most special events, they tell us what food trucks are going to be there and we can say, "yea" or "nay". Regular Meeting of the Milton City Council Monday, November 17,2014 at 6:00 pm Page 5 of 16 Councilmember Lusk Refresh my memory now, did we not ask for the revision to an ordinance to allow for food trucks in the city? Jason Wright Yes, this is simply fixing a wrinkle in the code . Because there are also other kinds of sales that can be made from trucks. I know at Crabapple Fest there was, you know, they pull up a trailer and they sell light up swords and little noise makers and things like that, so, we would allow that. What we are trying to keep away is someone bringing a trailer and just setting it up on the side of the road without any permit selling clothes or selling saddles, you know, any number of things like that. Councilmember Lusk Article 6 refers to performance bonds. Can you explain that whole article? Jason Wright So, essentially, what this is for is that, now are you asking about the message of the special event or the content of the speech? Councilmember Lusk I think I understand what they are getting at with a performance bond. Apparently , it is going to be issued for 150% of the anticipated cost of the event which is going to allow, now that the City Attorney is here I will restate my question , perhaps that is more in his manner, Ken, we are on the special event ordinance, down in Article 6 on performance bond, I understand the first part of it. It is 150% bond to cover the cost, I believe, incurred by the city to provide police coverage, emergency services, whatever other costs that my come up, maybe some ultimate clean-up cost or something like that, but , if that is not right, is that your interpretation? City Attorney Jarrard I am catching up with you right now. Jason Wright Article 6, Subsection A. City Attorney Jarrard You can go on to the next, I will be looking Councilmember Lusk, and get that answer for you . Councilmember Lusk Okay, in about the third sentence it says, "for purposes of calculating total estimated costs and the actual cost of the special event, no consideration shall be given to the cost of providing security or traffic control." So, if the bond is for the purpose of covering emergency services, including police, which I assume are participating in traffic control and the other emergency services like the fire department and EMS, I don't understand that part of it. Mayor Lockwood Would that be not including regular police protection or public safety that would possibly be typical versus additional for hire public safety for the event; would that be the separation of them? Regular Meeting of the Milton City Council Monday, November 17,2014 at 6:00 pm Page 6 of 16 Councilmember Lusk Well, they further go on in another article there to say, "you must use City of Milton emergency services such as police and fire at some determined cost." City Attorney Jarrard To the extent that you are asking about the performance bond and the, are we talking about the fact that it does not anticipate that the cost of security or traffic control is part of the bond cost? Is that the concern? Councilmember Lusk I guess I need an explanation of that sentence . City Attorney Jarrard It is a constitutional concern. Here is the thought. There is case law that suggests that if you set a monetary bond that is in any way tethered to the need for security then what can occur is that unpopular speech that may engender a lot of disruption, things that are unpopular may generate a lot of need for security. Well, the courts concern is that if you therefore base a permitting fee requirement on just the fact that their speech is unpopular, it will detrimentally impact those sorts of organizations. Does that make sense? Even if you don't agree with it, I am saying that is what the law suggests which is why we were trying to make sure that we didn't set a fee or a bond requirement that was based upon whether or not the speech was popular. Councilmember Lusk Okay, then I guess it continues from there, "furthermore, no consideration may be given to the relationship of the applicant to any assumption or prediction as to the amount of hostility which may be aroused by the public in the content of speech or message conveyed as part of the special event." City Attorney Jarrard It is just reemphasizing the point; that is correct. We are trying to make sure that whenever you access a fee that is needed for people to gather, you have to make special accommodations to a reviewing court because candidly we are drafting this for a court to review to make sure that Milton understood that in no event can we base this fee based upon the hostility or the adverse reaction of those assembled. That was the whole point of doing this. And, going further , and Councilmember Lusk you are a student of some of these points, if you need us to provide some case law study for that or just want to see the rational, I will be happy to provide it to you. Councilmember Lusk That would be neat if you could. City Manager Lagerbloom I'm not sure what kind of delay we are in on Granicus but I can tell you I was watching the meeting in my office getting a couple of things done and I heard your question related to the law enforcement or security. Did that question get answered sufficiently? Councilmember Lusk Yes. Regular Meeting of the Milton City Council Monday, November 17 , 2014 at 6:00 pm Page 7 of 16 City Manager Lagerbloom Okay, it did; good enough. Councilmember Thurman I just have a quick question. On 3A it says, "no more than two special event permits shall be granted per year and no permit shall be effective for more than 14 consecutive days for a single event on the same property." Does that mean that a husband can get two special event permits, a wife can get two, an organization can get two permits? Who is it that can only get two per year? Jason Wright It would be tied to the property itself. So, if you wanted to have more than the two special events on the same piece of property, you would need to then get a use permit so that you are not running a special event facility by circumventing the law . So, a single event on the same property; it doesn't really matter who applies for it... Councilmember Thurman As long as it is on the same property. Jason Wright Yes. Councilmember Longoria So, some places are well suited for special events and I would like to think that the city has an abundance of those places which we may very well, but if one place is more popular than others, let's say the common parking spaces for a shopping center, and that is just the place where people like to have these kinds of things, are you saying that we would limit it to two per year? Jason Wright Well, I can tell you from historical data that we have never had to use that because really, I think, what you are looking at there is they wouldn't necessarily need a special event permit because it is not going to adversely affect the use of the property. In fact, some would argue it increases the use of the property for everyone there. And, it is not going to affect the traffic around it or anything like that. There are all sorts of events that people have. We are actually in kind of a unique situation where we have homes big enough with property large enough to have some, in what other cities, would be some pretty massive events but no one would ever know because they have tons of space for parking, no neighbor has ever complained about the sound, so this just contemplates that if you have to come and get a special event permit because you want to shut down a road, because you want to use the property in a different way than it has previously been used. Councilmember Lusk That brings up further the question then, we approved Little River Farm awhile back, would this preclude them from having more than two special events in a year. Say they have an event that supports North Fulton Charities and then the next one they are supporting Canine Assistants or something like that, would that preclude them from having other events. Regular Meeting of the Milton City Council Monday , November 17,2014 at 6:00 pm Page 8 of 16 City Manager Lagerbloom It wouldn't and the reason it wouldn't is because you granted upon them a special use permit as a rural event facility. So, you have granted upon them the ability to perform a function on that property that wouldn't travel within the special event code. You have allowed them to be an event facility and you have given them the parameters, if you remember, by the days of the week and the hours of the day that they can operate in a certain capacity. Councilmember Lusk Should we include clarification to provide for that provision in this ordinance? City Manager Lagerbloom Do we need clarification to suggest that a special use permit can travel outside of this code as a matter of law? City Attorney Jarrard I don't think we need to. I think we are okay on that. Councilmember Thurman I'm a little bit confused because I thought that anytime you had more than 100 people had your house you had to get a special event permit. This may be going back 4 or 5 years but I thought we had discussed the fact that anytime you had more than 100 people you had to have a special event permit for it regardless of whether or not your neighbors are in support of it or not. City Manager Lagerbloom Admittedly, my brain is the first thing to go, but I don't recall there ever being a requirement on the number of persons, I could be very wrong on that. Councilmember Thurman We discussed that at one time and it was 100 people. Councilmember Lusk I remember it had to do with a tree farm on Wood Road. Councilmember Thurman I think it did too. And, they were having a big church retreat or something there. City Manager Lagerbloom It would take me a little bit of time to research that. I don't have that information on the top of my head. I know of the tree farm. Councilmember Thurman This was dealing with the bam that was being used for a church youth group. That is what it was dealing with. City Manager Lagerbloom That was on Redd Road. Regular Meeting of the Milton City Council Monday, November 17,2014 at 6:00 pm Page90fl6 Councilmember Thurman It was in Sunnybrook Farms Subdivision. City Manager Lagerbloom Okay, I do remember, now I remember the context; I would have to do some research. Councilmember Thurman That was because of the number of kids attending and we told them they had to get a special use permit. So, we need to make sure we are not in conflict with this ordinance. City Manager Lagerbloom Okay, so the fact that you were saying special use permit and I am going to qualify by saying I am thinking out loud which is dangerous to do, but I remember that discussion to the point that it was functioning as a religious facility in the fact that it was a Young Life group if I remember correctly and I believe the interpretation from our attorney's office at that point was because it was functioning almost as an extension of the church and the church is something that is permitted by the Milton Council in the form of a use permit that this secondary location because of the type of use that was being conducted there was one that would require ... Councilmember Thurman But, we specifically discussed the fact that they would have to get a use permit. We need to go back and look at that. City Manager Lagerbloom And, that is what I am suggesting why I think there was a use permit required in that case because of the condition of it being an extension of a religious facility which is allowed by use permit in Milton. City Attorney Jarrard That sounds right. I would have to go take a look at it as well and pull our analysis. I'm sure we issued the city an opinion on it. CouDcilmember Thurman Make sure you are consistent. City Attorney Jarrard Absolutely. When I think of special use permit, I think that is a product of typically your zoning ordinance, as where this is a special event permit. I think those are different concepts at least in my head. When you talk about a special use permit, those are concepts that once they are adopted they run with the land, they are typically undertaken by way of a public hearing process etc., whereas, to me, I view this differently. This, to me, is more of an accommodation for a one-off sort of event that may involve city infrastructure or city streets but it is not anything that is a permanent duration. That, to me, is one of the big differences. CouDcilmember Longoria So, we can clear that up by not calling it a special use permit a permit. It is special use zoning. The permit sounds like a permit. Regular Meeting of the Milton City Council Monday, November 17,2014 at 6 :00 pm Page lOofl6 City Manager Lagerbloom Because a pennit has the connotation that it could be revoked which we all know that it is difficult to revolt a special use pennit. Councilmember Hewitt Ken, do you feel comfortable that we act on this today or do we need to put it off until you ... ? City Attorney Jarrard No, I don't think , I think at the end of the day , you are not going to find any overlap between analysis pertaining to a special use pennit, as sloppy as that language may be, and a special event pennit. I think they are totally different concepts and I am very comfortable that you can take action. As long as the council is comfortable, but from a legal perspective, I am. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 14-297. Councilmember Mohrig seconded the motion. The motion passed (7-0). End of verbatim transcription UNFINISHED BUSINESS 1. Consideration of an Ordinance to Amend Chapter 46 , Solid Waste, Article II, Littering, Section 46­ 24, to Require Construction Site Operators to Properly Dispose of Building Materials and Waste at a Construction Site that may Cause Adverse Impacts to Water Quality. ORDINANCE NO. 14 -11 -228 (Agenda Item No. 14-298) (First Presentation at November J, 2014 Regular City Council Meeting) (Carter Lucas, Assistant City Manager) Carter Lucas, Assistant City Manager This is simply an addition to our solid waste ordinance that allows us to control construction sites a little bit better. It is mandated under our NPDS pennit that we include this language. We are bringing this forward to you in order to comply with our pennit. Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 14-298. Councilmember Thunnan seconded the motion. The motion passed (7-0). Regular Meeting of the Milton City Council Monday, November 17,2014 at 6:00 pm Page II ofl6 NEW BUSINESS 1. Consideration of a Resol ution Adopting the 20 IS City of Milton City Council Regular Meeting and Work Session Schedule. RESOLUTION NO . 14-1I-3J8 (Agenda Item No. 14-317) (Sudie Gordon, City Clerk) Sudie Gordon, City Clerk This is brought to you for your consideration of the 2015 Regular Meeting and Work Session Schedule. In front of you is an oversized calendar indicating the 36 upcoming council meetings for 2015. The blue highlighted dates are regular meetings and the red highlight dates indicate the work sessions. There are three regular meeting dates that will occur on a Wednesday due to holidays being on a Monday. These holidays are Martin Luther King Day, Presidents Day, and Labor Day. In preparing the calendar, we took into consideration the city's eleven observed holidays which are highlighted in green, the Mayor's Day Conference in January, and the GMA Conference in June. Our first regularly scheduled meeting for 20 IS will be held on January 5 th • If this calendar is approved tonight, it will be put on our website for all our citizens. Motion and Vote: Councilmember Mohrig moved to approve Agenda Item No. 14-317. Councilmember Longoria seconded the motion. The motion passed unanimously (7-0). 2. Consideration ofa Waiver Regarding Joint Representation of the City of Milton and Milton Public Building and Facilities Authority Related to Revenue Bond. (Agenda Item No . 14-318) (Ken Jarrard, City Attorney) Ken Jarrard, City Attorney This is the reciprocal waiver with respect to my providing joint representation to both the Milton Public Building and Facilities Authority and the City Council in respect to the current revenue bond that you have in front of you for consideration this evening. I will be representing both entities in that transaction but respectfully request that you waive any conflict of interest based upon that representation. Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 14-318. Council member Lusk seconded the motion. The motion passed unanimously (7-0). ----~------~-- Regular Meeting of the Milton City Council Monday, November 17, 2014 at 6 :00 pm Page 12 of 16 3. Consideration of a Supplemental Resolution Authorizing the Execution, Delivery and Performance of an Intergovernmental Contract Relating to the City of Milton Public Buildings and Facilities Authority Revenue Bond, Series 2014. RES OLUTION NO. 14-11 -319 (Agenda Item No . 14-319) (Ken Jarrard, City Attorney) Ken Jarrard, City Attorney At the previous Public Buildings and Facilities Authority meeting, you heard Roger Murray speak regarding this resolution. I am asking him to approach the podium again and if the council has any questions that were not previously answered then he can answer them at this time. Roger Murray You approved the execution of the Intergovernmental Contact earlier in June, but Ken and I thought it would be prudent to come back and ask you to approve the contract again now that the final interest rate has been set. Motion and Vote: Councilmember Kunz moved to approve Agenda I tern No. 14-319. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). 4. Consideration of a Home Office Payment Agreement between the City of Milton, Georgia, the City of Milton Public Buildings and Facilities Authority and Ameris Bank. (Agenda Item No. 14-320) (Ken Jarrard, City Attorney) Ken Jarrard, City Attorney This is also an item that was previously discussed in the earlier Public Building and Facilities Authority meeting, Mr. Murray is here to answer any additional questions you may have. Motion and Vote: Council member Hewitt moved to approve Agenda Item No. 14-320. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). 5. Consideration ofa Waiver of Conflict Regarding Jarrard & Davis, LLP's Representation of the City of Milton in Connection with an IGA between the City of Milton and Forsyth County Regarding the Extension of County Water and Sewer Services into Certain Parts of the City of Milton. (Agenda Item No. 14-321) (K en Jarrard, City Attorney) Ken Jarrard, City Attorney This waiver pertains to a transaction in the north part of Milton for a small parcel that Mr. Howard Carson has approached both the City of Milton and Forsyth County and requested to maintain the densities with respect to the parcel at whatever they would be with respect to septic but has nonetheless I Regular Meeting of the Milton City Council Monday, November 17,2014 at 6:00 pm Page 13 of 16 requested that they be provided sewer by the Forsyth County sewer plant called the Manor plant. Since I represent Forsyth County and the City of Milton, I am requesting this waiver because this will require an Intergovernmental Agreement for Forsyth County to have permission to provide additional sewer service within Milton. I would not approach either jurisdiction if I believed there would be any conflict between the two governments; however, I know that the City of Milton is very protective with respect to sewer and that Forsyth County is very respectful of the city's position. This is a very limited introduction of additional sewer in the northern portion of Milton with this singular subdivision only. do not see a conflict with respect to this transaction. Forsyth County has already approved this transaction. Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 14-321. Council member Mohrig seconded the motion. The motion passed unanimously (7-0). 6. Consideration of LEED Certification for the New City Hall Facility. (Agenda Item No. 14-322) (Carter Lucas, Assistant City Manager) PUBLIC COMMENT Jack Lindon, 14810 East Bluff Road, Milton, Georgia 30004 When I read that this item was on the agenda, the first thing I thought of was the new ball fields that are being built at Bell Memorial Park. The city was being asked by Jim Cregge to increase the budget by $300,000 to put in artificial turf on one of the fields. The justification was that it would save the city significant funds over the lifetime of the field. You approved that request and I thought it was a good idea. The LEED certification is similar in the fact that it will cost some money to implement it but it will save money in the long run . I have a report that was put together by the u.S. Green Building Council in 2012. This report claims that the yearly operating costs of government buildings built to LEED standards decrease by an average of 13.6% for the life of the building. It calculates the payback to be about eight years for the total cost of the additional funds to be recouped. It also calculated that the total cost per employee is about $675 less on average per year than traditional building costs. I would like you to seriously consider building the new City Hall to LEED standards even though the cost will be significantly more in the initial build-out, we will be able to recoup those costs in the long term. Carter Lucas, Assistant City Manager In 2012, as part of our sustainable practices policy that we adopted, one of the components stated that for any new buildings that we built or purchased over $5,000 square feet, we were required to follow the LEED practices and actually be LEED certified. However, if the certification cost more than $25,000, we were required to receive council approval to move forward. We have brought this item before you tonight to see if you wanted to move forward with acquiring LEED certification based on the additional costs it will entail. At this point, the estimated cost for the administrative and corrunissioning components for LEED certification will be a little over $58,000. That does not include any of the construction costs associated with the building to meet the LEED standards. On these facilities in the past, we have followed the standards to the extent that we can and we have done all of the energy modeling and life-cycle costing and evaluations as if it were going to be a LEED certified building, but we have not moved forward with the commissioning and we have not done some of the administrative things that are required on behalf of the LEED certification to receive the plaque. We are here tonight to Regular Meeting of the Milton City Council Monday, November 17, 2014 at 6:00 pm Pagel4of16 find out if you would like us to spend the additional funds to obtain LEED certification or continue to follow our standard procedure that we have done in the past. Councilmember Kunz So, we would be spending $58,000 for a plaque? Mayor Lockwood Carter, what is your opinion on this? Carter Lucas Well, my opinion is that we would be better off spending $58,000 within the facility to better improve our work environment versus on LEED certification administrative costs . Of the $58,000, a little over $23,000 is for commissioning of the building. In other words , for a commissioning agent to come in and make sure the facility is up and running the way it is supposed to be. We have a city architect on staff that has a lot of experience in this area. We would direct our architect and their engineers to help us through that process . We would go through this process as if we were obtaining LEED certification; however, we wouldn 't have a commissioning agent involved in the process. The administrative and paperwork is another $23,000 and that is something we would not necessarily do but through our normal course of business evaluate each of the practices that we would be reviewing to make sure that they are a cost benefit to the city and we are not just chasing points to get a plaque. We look at the life cycle costs and we can choose some areas that have a better long term return rather than up front costs. In reality , we are going through the certification process but we are not paying the administrative costs that a LEED certification plaque would require. Councilmember Lusk I agree with you, Carter, and in order to receive a LEED certification plaque every finite detail of where supplies come from, who does the work, etc. has to be documented and submitted in a very detailed manner and the process is extremely time-consuming. We can build a green-friendly sustainable building without having to obtain a certain number of points to receive a plaque. Councilmember Longoria I agree that spending $58,000 on a plaque is not a good use of funds; however, this might be a good opportunity to be leaders in our community and show our support for sustainable practices. In the overall costs associated with building the new City Hall, this may be a relatively small amount, in comparison to the overall project , in order to have proof that we support the green way of life. It might be an opportunity to send a positive message to the community that we are in favor of long term sustainable practices. I realize that we will diligently oversee the project and ensure that the building is sustainable in every way possible, but we need to take into consideration any long term effects that may be advantageous to us as a city if we are LEED certified. We need to ask if we will we be losing out on any incentives that may be offered in the future by not being LEED certified. Councilmember Lusk The total cost is not just $58 ,000. There is a buried cost associated with becoming LEED certified. The contractor has to assume greater responsibility and spend more time documenting all the steps that are taken to become certified. Regular Meeting of the Milton City Council Monday, November 17, 2014 at 6:00 pm Page 15 of 16 Mayor Lockwood The council is in agreement not to spend the funds necessary to pursue actual LEED certification, in other words -obtain a plaque -but continue to explore all methods of building the most energy efficient and sustainable building possible using LEED standards. No Motion and Vote was taken on Agenda Item No. 14-322. MAYOR AND COUNCIL REPORTS STAFF REPORTS Chris Lagerbloom, City Manager In front of you is infonnation regarding Highway 9. We have three large pine trees on this site and the recompense value is $7,200 if they had to be removed. The billboard company has moved forward in obtaining a pennit to construct a billboard at the Sweetapple business on Highway 9. The company wants to know if our future development plans contemplated the trees being removed. Under the current plan for our new Public Safety complex, they would be removed. The billboard company would like an agreement with the city to remove the trees at their expense now instead of waiting until 2019. If we allowed them to remove the trees now, they would be willing to recompense to the city $5,000. If we want them to wait until 2019, they would recompense $7,200. However, if we decided not to develop on the property then their offer of the recompense would not be a viable option at that point. Direction from the council was to leave the trees in place. In addition, there are trees on our site off of Broadwell Road. There is one very large 36 inch white oak at the front of the property which is in very good health . There are two trees on the back of the property. One is a 48 inch post oak and one is a 58 inch post oak. The 58 inch oak has dual trunks. We had the trees inspected and we have a certified arborist report that, unfortunately, the 58 inch oak has root decay at 38%. When root decay becomes larger than 30%, then the tree becomes a potential hazard. The recommendation is that we either not put anything underneath it or that it be removed. The play set was supposed to be placed under this tree. For the safety of the park, we need to act upon the reliable infonnation of the arborist and remove the tree. The 48 inch oak only has 21 % root decay so it is not in the dangerous category yet. Therefore, unfortunately, the 58 inch oak will need to be removed. I would also like to talk about Transfer of Development Rights. As you know, we have been talking about TDRs for several months. There is a public bid that we have released from the city that would contemplate the option for people to bid on development rights that we own at Bell Memorial Park. The council has indicated that the first transaction would be better coming from a private seller to a private buyer. We are currently working with Jim Bell. We learned today the ten acres that is currently conserved as a cemetery probably does not have any development rights to sell. There is easement that the Secretary of State would have to consent to a conservation easement if the ten acres was going to be used. That leaves 3.12 acres on Mr. Bell's property which is what the current developer that has come forward would need to complete the project on Highway 9 . The code is very clear and states that in the AG-1 zoning there has to be a 5 acre minimum. I need your direction because I have a transaction that Regular Meeting of the Milton City Council Monday, November 17,2014 at 6:00 pm Page 16 of 16 certainly travels with the code and that is the transaction that we have brought forward at Bell Memorial Park which is to offer up the development rights that exist to a public bid. It does not require any variances and allows us to move forward in a very systematic way. In addition, the code allows for either a variance or potentially an administrative warrant to the five acre requirement to allow either the Director of Community Development or the Board of Zoning Appeals to allow the five acres to come down to whatever number they feel it should come down to. After a very professional and thorough thought process of creating a TDR code, we ultimately decided upon a 5 acre minimum. It is ironic that the very first TDR transaction that has been brought before us requires an exception to the 5 acre minimum that we established in our code. I am looking for your direction in how we should proceed with this TDR request. Lastly, I learned this morning that our Police Chief, Deb Harrell, is leaving employment with the city and moving to the private sector. She has accepted an executive job with AT&T in their investigation department. Her last day with us will be December 4th. She has done a lot of great things for the city. She has been in law enforcement for 20 years. I will name an interim police chief before the end of the week and we will start the recruitment process for her replacement. ADJOURNMENT (Agen d a Item No. 14-323) Motion and Vote: Councilmember Lusk moved to adjourn the Regular Meeting at 7:48 p.m. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0). After no further discussion the Regular Council Meeting adjourned at 7:48 p.m. Date Approved: December 15,2014. Sudie AM Gordon, City Clerk