HomeMy WebLinkAboutMinutes CC - 01/11/2016 - MINS 01 11 16 WS (Migrated from Optiview)I
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Work Sess ion of the Milton City Council
Monday , January 11 , 2016 at 6:00 pm
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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 Work S ess ion of th e M ay or and Council of th e C ity of M ilton w as held on J anua ry 11, 2016 at
6:00 PM .
Councilmembers Pres ent: Councilmember Karen Thurman, Councilmember Bill Lusk, Councilmember
Matt Kunz, Councilmember Joe Longoria and Councilmember Rick Mohrig.
Councilmember A bsent: Councilmember Hewitt.
May or Jo e Lockw ood pres id ed ove r th e mee tin g.
• Work Sessions are an informal setting to update Council on business items .
• No votes will be taken during these sessions .
• There are four ( 4) items on our Agenda tonight.
• Pub lic comment is allowed that is germane to an Agenda Item.
• If you wish to speak you are required to fill out a comment card and turn it into the City Clerk
staff.
• Public comment will be allowed for a total of 10 minutes per agenda item and no more than 2
minutes per person .
• Public comment will be heard at the beginning of each Item.
• O nce the item is called , no other comment cards wi ll be accepted.
PUBLIC COMMENT
La ura Bentley, 2500 B ethan y C hurch Ro ad , M ilton , Ge org ia 3 0004
I will make this quick. So often I stand before you under controversial circumstances but tonight I wanted
to come ... Last Friday was tough. Chris you can turn around . I am here to thank Chris Lagerbloom for his
service to our community, dedication, integrity, tact , sensitivity and commitment. I speak for so many
people. It has been a pleasure working with you and we wish you the very best at your new job along
with your family. I got this through security. Not all horses are good but this was a good one and I want
you to have it.
Age nda Item #1 w as re ad.
1. Delivery ofTimeline and Discussion Surrounding Potential November Bond Referendum for
Green Space.
(Stacey Inglis , Assistant City Manager)
Chris Lagerbloom , City M ana ge r
Mr. Mayor and Council, I am going to start off with this one tonight and then hand it off to Stacey. The
new year is upon us and one of the things we talked about bringing up this year was whether or not we
Work Session of the Milton City Council
Monday, December 14 , 2015 at 6:00 pm
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wanted to explore bringing a referendum question forward in November to the public for the purpose of I
parks and greenspace. We need to begin the discussion now because there are several events that will
need to happen and we will need to get those on the calendar to be ready by November. One thing I would
like you to be aware of is that there will very likely be a T-SPLOST question on the November ballot as
well. Fulton County is contemplating asking the public for an extra penny for transportation.
Mayor Lockwood
I definitely support moving forward and exploring this item.
All councilmembers agreed to move forward.
City Manager Lagerbloom
I will now turn the presentation over to Stacey. She has some critical dates that we need to get on the
calendar so that we meet all of the legal requirements to get this question on the November ballot.
Stacey Inglis, Assistant City Manager
The calendar that you have before you is something that was put together by our Bond Attorney that we
used for the revenue bond that we got last year. These are critical deadlines that we have to meet. We
can certainly do the adoption of the resolution that is the first item on the calendar. July 11th is probably
the last day that we can probably do this . June 20 1h we can also do it them; that was another recommended
date to adopt a resolution requesting the call of election. You can read the rest of the items that are on the
agenda . One of the things that we have to be mindful of is that we are required to publish the notice of I
election 90 days prior to the election itself and this is what this all hinges on; backing everything up to
where it works us into that 90 day requirement. I think this is a good recommendation calendar. We will
certainly work with our bond attorney and the Davenport Investment Firm , the financial advisors that we
have to move us forward with this process .
Mayor Lockwood
Stacey, could you clarify, from what I understand , this would be something that all we can really do is get
the facts; publish the facts but not promote it. There would be an outside agency that would do that.
City Manager Lagerbloom
We will have multiple sessions to educate both the staff and council to what is eligible for discussion and
what is not.
Stacey Inglis
And , if you recall last year, we even sent out a "do 's and don 'ts" list supporting a referendum and I can
send that out again. It speaks specifically to the Mayor and Council , City Manager, employees , and other
staff about what we can and cannot do when it comes to a bond referendum .
Councilmember Kunz
The calendar states that on August 15th we have to submit a form of valid questions to Kennesaw State
University. Are they just collecting it or do they have to approve the questions ; would we be delayed on I
anything they do?
Stacey Inglis
It is my understanding that they build the ballots for everyone and I am not entirely sure specifically what
their role is other than putting the ballot together ; Ken , can you answer that question?
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Work Session of the Milton City Council
Monday, December 14 , 2015 at 6 :00 pm
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Ken J a rrard , City Attorn ey
I can. Kennesaw State University actually reviews the questions and builds the ballot but they also do
something called a logical testing of the ballot to make sure the ballot is understandable and reasonable
for the purposes of the electorate . Every jurisdiction I work with sends their ballots to KSU .
City M anager L age rbloom
Let 's hear from Ken regarding the bond referendum process .
City A ttorney J a rrard
One of the jurisdiction I work with , in 2008 we did a $100 million park and greenspace General Obligation
Bond which is a bond paid back by the taxpayers. Essentially , the voters are agreeing to pay for the bond
through their taxes. The key is to provide enough specificity for what they will be paying for and what
they will be enjoying the benefit of; versus allowing the government to maintain sufficient flexibility to
meet the demands of the future. So , that jurisdiction has just about spent all of the $100 million. One of
the things I would ask you to think about on the front end is; first of all , identifying the actual discreet
pieces of property that you might want to acquire , you really can 't do that for many reasons. One reason
is that if you know that the seller understands that you want their property then the value goes up;
particularly if you have disclosed the information to the voters. Be mindful that under the bond law, the
representations that you make to the voters as part of an incentive for the voters to vote on the bond become
binding. You have to deliver on the promises that are made . The better way to approach it is to develop
criteria upon which you will then grade various pieces of property . In other words , what is of value to the
city? Is it uninterrupted acreage ? Is it the amount of waterways or streams on the property? Is it access?
Is it centrality? The list goes on and on . These are the types of things that staff could look at. Properties
can be assessed and then you can tell the voters what the city believes to be important and how various
properties will be ranked based on criteria.
City M anage r Lage rbloom
One of the questions that I have for council is which group would you like for us to have working on
potential land proposals and the establishment of criteria? Our Planning Commission typically works
with our future land use. I met with Peyton Jamieson and he said that they would have the capacity to
work with Ken , Stacey, Carter, myself and our staff to begin working immediately on this request. I think
it is important to have citizen input. Would you like for me to ask the Planning Commission to begin
work on this endeavor?
Councilm e mb e r Thurman
I support you asking the Planning Commission ; however, I think all of the council should send you a list
of what we think is important since we are the ones who will ultimately approve it. To me , it is important
if it is a piece of property that is located adjacent to an existing park; that would be a priority to me, if the
land is in a location that is central to the city and an area where we need a park.
Ci ty M ana ge r La ge rbl oo m
Yes , that is a good idea and would be very helpful in starting this process .
Councilm emb er L usk
About a year or so ago , Laurel Florio got involved in this issue and I don 't recall what was put together
as far as how we were going to approach this issue; who was going to be in charge. Possibly , if we could
review her notes and suggestions since we have that available to us , I think that would be a good starting
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Monday , December 14 , 2015 at 6:00 pm
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point also. I agree with Karen ; we have collectively dealt with this issue for quite some time and I think I
we have some pretty sound thoughts and ideas of the direction we need to go in . I would be in favor of
giving the Planning Commission some direction . I think they need to know where our mindset is.
Councilmember Longoria
I know we had done some preliminary work on trying to identify the types of properties we would be
interested in but I agree with Bill that we may want to dig up and dust off the work that has already been
done . Since we have the CP AC engaged right now and they are made up from the Planning Commission,
maybe there is a way to leverage those citizens as well.
City Manager Lagerbloom
Feel free to send me your input and also talk to your Planning Commission representative as well.
Councilmember Lusk
I know the Planning Commission is also involved in the Comprehensive Plan at this time as well. I would
not want to overload any board or commission.
City Manager Lagerbloom
I spoke to Peyton Jamieson and he said they are able to work on our request at this time .
Councilmember Kunz
Should we utilize Milton Grows Green as well? I know they have not established their leadership yet so
is it even possible to ask them to help us ?
City Manager Lagerbloom
The reason I came forward with only one board recommendation is so that somebody owns responsibility
for it and can have a public process . I would not want to give this initiative to a committee of 25 people
that has just been established and expect them to get the project done with the efficiency that it needs
particularly because we are driven by deadlines.
Councilmember Kunz
If we have CP AC and MGG working independently coming up their solutions and then the Planning
Commission coming up with their ideas would make more sense. Then, the committees could make a
presentation on their ideas to the Planning Commission then it would become a funnel process and
eventually make its way to the council for review.
City Manager Lagerbloom
I will take that direction if council wants me to; however , that is a lot of cooks in the kitchen working on
a project that we need to get done by November. However, if that is the direction that the council wants
me to take then I will proceed in that direction.
Mayor Lockwood
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I would say that this is certainly going to be a public process and I can see CP AC and the Planning
Commission working together and we can invite MGG and the rest of the public can certainly give their I
input and ideas to us and the Planning Commission.
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Work Session of the Milton City Council
Monday, December 14 , 2015 at 6 :00 pm
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Councilmember Kunz
As long as someone knows the deadlines , anyone can give their input and give a presentation to the
Planning Commission.
City Attorney Jarrard
Because we can all learn from mistakes that have been made elsewhere is that one of the things that should
be considered is the notion of the availability of state or federal money that can be leveraged. A lot of
times when there is this sort of funding available for the acquisition of greenspace , there are grants and
other available funding solutions that can be made available if they are caught early enough. These grants
allow you to leverage those funds and make it go further. I have seen jurisdictions miss the deadlines for
this type of funding and that is why I wanted to bring it to your attention.
Councilmember Kunz
What type of payment terms are these usually ; 10 years , 15 years ?
City Attorney Jarrard
That will be a function of what the city decides to do but I typically see these at 20 to 30 years.
Mayor Lockwood
Stacey, could you please address some of those types of questions?
Stacey Inglis
Our debt capacity is 10% of the total assessed value of the property in Milton. Our debt capacity is over
$200 million if we went all the way to the 10 %. Last year , we talked a little bit about what the debt would
be based on the amount , terms , etc . I looked at $10 million , $15 million, $20 million , $25 million for 10 ,
15 , 20 and 25 years. For example , for an average home value of$450,000 in Milton on a $20 million loan
over 20 years would be a little over $150 more in taxes per year per household.
Mayor Lockwood
I would like to see a comparison chart if we went up to a $25 or $30 million loan.
Stacey Inglis
For a $25 million loan it would be $200 more per year and probably $250 more per year for a $30 million
loan .
Councilmember Lusk
Do you know if there will be any other property tax increases from Fulton County?
Stacey Inglis
I have not heard. They are going through the budget process right now. If I hear anything , I will let you
know.
City Manager Lagerbloom
In summary, if you are passionate about certain criteria, please give that information to me as soon as
possible. In addition , the City Attorney and I as well as the Planning Commission will work together and
with other groups to establish the criteria. We will check in with you from time to time to make sure we
are on track with your vision and to make sure we meet all established deadlines.
Work Session of the Milton City Council
Monday , December 14 , 2015 at 6:00 pm
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Agenda Item #2 was read.
2. Ethics Refresher.
(Ken Jarrard, City Attorney)
Ken Jarrard, City Attorney
I have worked for Milton for quite a while now. I believe that Milton embraces our Ethics Policies and on
occasion, many of you have asked for my advice regarding ethics and I am happy to say that all of you
have taken that advice. As you know , Milton is a certified City of Ethics and has been for many years.
You have an excellent ethics code; however, it is not unusual, it is very standard. But, there are many cities
in Georgia that do not even have an ethics code. I want to talk about ethics in general; not specifically
Milton's ethics code. You may or may not be aware that Georgia law actually has ethical guidance and
guidelines for all public officials. Most ethics ordinances in Georgia embrace most of these criteria and
Milton is no exception. In fact , if you look at Title 45 and compared it to the Milton Ethics Code , you
would see a lot of similarity. It is my pleasure to give this presentation to you tonight. As you will see ,
the first slide on the projector screen states, "An ounce of prevention is worth a pound of cure." I am a
big believer in this statement; good ethical conduct is to catch ethical concerns as early in the process as
possible. Each of you have come to me proactively; even before an issue has risen , and asked for guidance.
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Most of your concerns have been conflicts of interest. We can discuss the difference between an actual I
conflict of interest and the appearance of a conflict of interest. You identify the conflict and then announce
it and abstain. Most ethical issues are addressed satisfactorily by taking those steps. The gold standard or
aspiration for all elected officials is to ensure that all of your decision making in your official capacity is
the product of detached, neutral , and objective thinking governed by the dictates of your conscience and
the law. If you adhere to this standard , you will typically make ethical decisions . Remember, a
councilmember has to make official decisions so the law wants you to ensure that your official decisions
are the product of your conscience and not the product of any self-motivated interests. When you have a
conflict of interest and you recuse yourself, you are not just removing yourself from the vote but anything
that has to do with the issue that is being discussed. To include , but not limited to , the deliberation ,
influence , informal lobbying, etc. However, you are not required to leave the room during a public meeting
as long as you have announced your conflict of interest and abstained. During a closed door meeting such
as an Executive Session, you would need to leave the room. In addition, the so-called forbidden fruit of
ethics is having an economic interest in a subject matter in which you are expected to take official action.
If you have an economic interest, you are to recuse yourself. For example , the disclosure of confidential
information; let's assume we are in an Executive Session and we were talking about a piece of property
that the city wanted to buy for a park and you rush out the next day and buy the property located adjacent
to the property that was discussed in Executive Session because you know that the value of that property
will go up, that is an unethical action. You have taken the confidential information that you received during
official city business and leveraged it for the benefit of personal profit. That is unethical. The last bullet
point of my presentation is the personal use of staff or property. Understandably , it is unethical to use city
property for personal use. The Code of Ethics is found at O.C.G.A.§45-10-1 and is applicable to all public I
officials in Georgia. It refers to loyalty , upholding the constitution, providing a full day 's labor, etc. The
Code of Ethics refers to upholding the highest moral principles above everything . It calls for public
officials to uphold the constitution; the highest law of the land. It also demands that public officials seek
the most efficient and cost effective ways to run the government; however , this is not the highest ideal of
government from an ethical perspective. The highest ideal of government is not efficiency and economy
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Work Session of the Milton City Council
Monday, December 14, 2015 at 6 :00 pm
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but transparency and accountability. The next ideal is never to discriminate unfairly by the dispensing of
special favors or privileges to anyone or to accept special favors that would influence your official duties
as a public official. Lastly , do not make any private promise of any kind binding upon the duties of office
since a government employee does not have a private word that can be binding upon public duty. The
bottom line is that you are to treat everyone the same. In addition , you are not to engage in an activity
during your personal time that would directly or indirectly have an influence on your public duty as a
government official. Also , it is your duty to expose corruption. If you become aware of any illegal activity ,
you must report it. In addition , you must be mindful that you have a public trust which is coveted with
your citizens and have an ethical obligation to uphold the highest standards for the office. Regarding
zoning ethical rules, the primary consideration that you need to be mindful of in respect to the zoning
procedure laws is that if you have a conflicted financial interest with respect to property that is the subject
of zoning, you have to disclose that information to your fellow councilmembers in writing at the earliest
available opportunity that you became aware of it. It must be disclosed in writing . Once disclosed, you
must stay out of the debate , discussion , voting , etc . with respect to that particular zoning issue. In
conclusion, I want to discuss ethics specifically with respect to the City of Milton beginning with the word ,
"interest". Interest is defined as a direct or indirect financial or material benefit accruing to a city official
or employee as the result of a contractor transaction which is or may be the subject of an official act or
action by or with the city. The definition of interest does not apply to contracts or transactions which by
their terms and the substance of their provisions confer the opportunity and right to realize the accrual of
similar benefits to all other persons and /or property similarly situated. In addition , you are held accountable
to avoid the appearance of impropriety. An appearance of impropriety is that you may not have a financial
or interest based conflict that is truly disqualifying , but from your position it is close enough where the
public perception would be obvious enough that you feel you need to take an abundance of caution and
recuse yourself. As we know , particularly in government, sometimes perception is reality. Thank you for
allowing me to make this presentation. As you all know , I am here to guide you and make
recommendations to any of your ethical questions or concerns.
The following Agenda Item was moved to #2 on the agenda. Mayor , Council, and Staff moved into
Executive Session at 6:30 p .m.
3. Executive Session to Discuss Litigation.
Work Session of the Milton City Council
Monday, December 14 , 2015 at 6 :00 pm
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Agenda Item #4 was read.
4. Staff Reports
Department Updates
1. Police
2. Public Works
3. Parks and Recreation
4. Community Development
5. Economic Development
Steve Krokoff, Police Chief
Recently , Sergeant Ward who is in charge of our training received the 2015 Operator of the Year award
from the North Fulton Swat Team. He received it because of his motivation and positive attitude. He has
redesigned their firearms program and he is currently doing that for the Milton Police Department as well.
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He is the only member of the Milton Police Department that is on the North Fulton Swat Team. On
Wednesday , I will be addressing the working group of the U.S . Attorney's Task Force. I have been
heading the legislative committee for the past several months and we are currently looking at a bill that is
designed to strengthen the current prescription drug monitoring program . This is in order to close the I
gateway from prescription drug abuse to heroin addiction. We have the support of the Medical
Association of Georgia and the Georgia Medical Board .
The Public Works staff report will presented at a later date.
Jim Cregge, Parks and Recreation Director
Our new employee, Tom McKlveen has achieved his CYSA , Certified Youth Sports Administrator
certificate . I am encouraging him to work on his CPRP , Certified Parks and Recreation Professional
certificate. We have some roof leaks at two of our facilities , the Bethwell Center and the Thomas Byrd ,
Sr. House . The Byrd house was quite a challenge but we are moving forward with the contract to get that
repaired. We have a temporary patch in place at the Bethwell Center and have more work to do there.
Spring sports are starting and boy's lacrosse has 370 participants and they will be using both of the
artificial turf fields at Bell Park . We are currently projecting about 400 participants for baseball. We are
working on contract renewals for all of our service providers.
Kathleen Field, Community Development Director
We are working on the five year update to the 2030 Comprehensive Plan. The first meeting of the CPAC
committee was held on December 16th. The next meeting will be on February 9th. We are waiting to hear
whether or not the grant application we submitted for the LCI to update the master plan for downtown I
Milton has been granted to us . We are finalizing the RFP for the Unified Development Code for the city
as well as an RFP for Way-Finding signage for downtown Milton. Also , we have finalized the Historic
Structures list. A CUP application for 50 lots on approximately 64 acres was submitted to the city. The
site is located at the end of Ebenezer Road . This application will be considered by the City Council at the
March 21 st meeting. All of the text amendments that relate to the rural view shed and the design for
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Work Session of the Milton City Council
Monday, December 14 , 2015 at 6 :00 pm
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subdivision entrances are currently being worked on. The Planning Commission reviewed these at their
December 1 oth meeting and will continue to discuss them at their January 27th and February 24th meetings.
They will be reviewed by the city council at the March 21 st meeting .
Sarah LaDart, Economic Development Manager
It looks as if the producers of the FOX television show, Sleepy Hollow, are in discussions with the Olde
Blind Dog to do some shooting. I received an email from a scout that was looking for an authentic old
Irish pub. I told him about the Olde Blind Dog and also about a pub in Brookhaven and he immediately
said that they had worked in Milton before and wanted to come back to Milton because they had such a
great experience. We Milton Business Alliance is conducting their State of the City Address here with
the Mayor on January 19th at 6 :00 p.m. In addition, the North Fulton CID is having their legislative
reception on January 21 st. Also , Advance Atlanta is a group that was formed from the Millennial Advisory
Council that I was a member of at the ARC and on January 28th they are having a transit expansion event
to educate the public on the proposed MARTA and GA400 improvements.
Date Approved: February 1, 2016
7rr;hd.
Sudie AM Gord®:CU 1erk Joe Lockwood , Ma
STATE OF GEORGIA
COUNTY OF FULTON I CITY OF MIL TON
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AFFIDAVIT RE: CLOSURE OF
OPEN MEETINGS
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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 Regularl y Scheduled Work Session City Council Meeting held on January 11 , 2016, 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. __ 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)(l)(B-E);
2. L 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 .
SWOR TO AND SUBSCRIBEl2'~~ftio,1
this 11 1
" day of January, 2016. ,,,,;._ ~ •• ~r:!.'!o((/~~
Notary Public
My Commission Expires:
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