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HomeMy WebLinkAboutMinutes CC - 02/01/2016 - MINS 02 01 16 REG (Migrated from Optiview)I I I Regular Meeting of the Milton City Council Monday , February I , 20 16 at 6:00 pm Page 1 of 18 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 th is notice . Public comments are noted and heard by Council, but not quoted. This docume nt 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 May or and Council of the City of Milton w as held on February 1, 2016 at 6:00 PM, M ayor Joe Lockwood pre sidin g. INV OCATION Remco Brommet, Chaplain for the City of Milton Police and Fire . CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLL CALL Councilmembers Pre se nt : Councilmember Thurman, Councilmember Kunz, Councilmember Lusk, Councilmember Hewitt, and Councilmember Mohrig . Councilmemb e rs A bse nt: Councilmember Longoria. PLE DGE OF ALL E GI ANCE (Led by Mayor J oe Lockwood) APPROVAL OF M EETI N G AG EN DA (Agenda Item No. 16-022) Motion and V ot e : Councilmember Hewitt moved to approve the Meeting Agenda with the follow ing changes: • Add an Executive Session to discuss Pending Litigation and Land Acquisition. • Move Reports and Presentations to after Approval of Meeting Agenda. Counci lmember Thurman seconded the motion. The motion passed unanimously (6 -0). Councilmember Longoria was absent from the meeting. Regular Meeting of the Milton City Council Monday , February I , 20 I 6 at 6:00 pm Page 2of18 PUBLIC COMMENT Margaret Lootens, 3515 Peacock Road, Milton, Georgia 30004 I have been reading the newspapers again and my comments are driven in part by the Milton Herald State of the City good. There is an article from Mr. Copsey quoting the Mayor so I am trusting that nothing has been misquoted or twisted since Mr. Copsey and Mayor Lockwood seem to have a very good relationship. Next, I would like to let you know that my comment also involves a letter to the editor on November 25 1h from Laura Bentley regarding the emails. And , Laura Bentley, in her own words , puts the leaked emails. So , these two newspapers come into my comment and unlike what I normally do, just speak with you, I thought these issues were important enough that I should write something down to make sure I have covered all the points. So, I am going to read to you what I have written. Good Evening Mayor and Council , I I am aware that during public comment you are not allowed to respond directly to my issues tonight but I am requesting a response in a timely manner. I will be brief tonight in my comments in order to focus on two issues that I have commented on in the past that I have not received a response and therefore, I have to assume I am being ignored. The first issue is on the topic of city ethics. During a recent council meeting on Monday , January 41\ I mentioned that I was bothered by the way in which the city was assigning itself the designation of a city of ethics I without any report card on the performance of city officials over this past year. I recall that Councilrnember Longoria even agreed with my comment and said that having a procedure for evaluating and grading the city employees and elected officials in the very important area of conducting themselves in an ethical manner would only be a prudent and responsible thing to do. Councilrnember Thurman commented that deferring a vote on the designation that it might appear that there is a problem in the community. I believe that all the council agreed that the process to evaluate and grade the ethics of the city should be done. That seems logical and reasonable to ask for that, however, I have not seen or heard that this is moving forward or that the citizens have had the opportunity to know what the criteria to measure ethical behavior is . The City Attorney gave us a briefing on ethics which was on Monday , January 11 1h during a work session but there is still no feedback on establishing a process and a report card so that the citizens know exactly how that very important designation is being touted. The second area of concern, and it still has not been addressed or maybe has been addressed internally but not made public , is the investigation of how the emails relating to the CSO mysteriously appeared in Ms. Bentley 's mailbox right before the Planning Commission hearing on the subject. Does the city have a hacker that has been able to fish information off the city servers or hack into the email accounts? The emails in question did not surface as the result of an open records request so , therefore , the leaking, Ms. Bentley's word , of the emails occurred either illegally or one might say at the least , inappropriately . I believe only council and a few staff members were privy to those emails from Don Brussard. I hope you are all asking yourself if the city has a breach in security at city hall with someone potentially from the outside hacking into our information . Or , I do we have a breach of ethical behavior within the city staff. I know this action must concern you as it does me and other Milton citizens and we need to investigate these circumstances and I I I Regular Meeting of the Milton City Council Monday, February I , 2016 at 6 :00 pm Page 3of18 correct the problem. Both of these issues , the report card on city ethics in 2015 and establishing a procedure for evaluating ethics so that the city can say that we truly are a city of ethics as well as an investigation into the emails that were planted in a Milton citizen's mailbox, are issues that are still not resolved. And , I think that I and the public have the right to know what is being done about these issues. Ignoring these issues , does not make them go away. I think you know me by now that by dismissing the importance of these issues by not answering them only makes me more adamant about getting the answers that I, as a citizen of Milton, deserves. I think an answer by this Friday on the path that is being taken on these issues would be adequate time. I look forward to hearing back from you. Thank you. Mayor Lockwood I want to briefly comment. I know that I have seen emails and letters from staff and councilmembers who have offered to meet so I don 't think that the city has not been responding. I have heard people talking about leaked emails and secret emails, etc . For the record , those emails were requested and were part of a process that was paid for by city tax dollars and our citizen's money for the betterment of the city . That is all public information. I asked for it in a public meeting for all those emails to be submitted . So , it is on the record . Those emails were provided and any citizen here , council , staff, or whoever could ask for those emails . They are not secret emails. They are public documents, open records , which are available to everybody. Again, I don 't know how they came out or who gave them to who but it is public information and all anybody has to do is ask for it. Whoever gave them out should be commended for being open and transparent. CONSENT AGENDA 1. Approval of the January 4 , 2016 Regular City Council Meeting Minutes. (Agenda Item No. 16-023) (Sudie Gordon, C ity Cl erk) 2. Approval of the January 11 , 2016 City Council Work Session Minutes . (Agenda Item No. 16-024) (Sudie Gordon, City Clerk) 3. Approval of the January 20 , 2016 Regular City Council Meeting Minutes. (Agenda Item No. 16-025) (Sudie Gordon, City Clerk) 4. Approval of the Financial Statements for the Period Ending December, 2015. (Agenda Item No. 16-026) (Bern adett e Harvill, Fin an ce Man ager) Regular Meeting of the Milton City Council Monday , February I , 2016 at 6:00 pm Page 4of18 5. Approval of a Revision to the Personnel Policy Handbook Regarding Discipline and Grievances . (Agenda Item No. 16-027) (Sam Tra ger, Human Reso urce s Dir ec tor) 6. Approval of a Contract with Pontifex Consulting Group to Provide Professional Consulting Services. (Agenda Item No. 16-028) (Sam Tra ger, Human Reso ur ce s Dir ec tor) 7. Ap proval of a Furniture Design Consultant Agreement between the City of Milton and Office Images , Inc . (Agenda Item No. 16-029) (C arter Lu cas, Ass is tant City Mana ger) 8. Approval of a Construction Services Agreement between the City of Milton and Design- Build Solutions , Inc ./The Garland Company , Inc., dba Garland/DBS, Inc. for Emergency Roof Repairs at the Thomas Byrd Sr. House. (Agenda Item No. 16-030) (Jim Cr egge, Parks & Rec reation Dir ec tor) 9. Approval of a Construction Services Agreement between the City of Milton and Strickland Pipeline and Construction , Inc. for "Thompson Road Stormwater System Improvements (Emergency Repairs)". (Agenda Item No. 16-031) (Cart er Lu cas , Ass is tant City Mana ger) 10 . Approval of Construction Services Agreement between the City of Milton and Southern Demolition, LLC for the Demolition of Structures. (Agenda Item No. 16-032) (Carter Lu cas , Assis tant City Mana ger) M otion and V ote : Councilmember Lusk moved to approve the Consent Agenda. Councilmember Kunz seconded the motion. The motion passed unanimously (6-0). Councilmember Longoria was absent from the meeting. R eports and Presentations wa s move d by M otion and Vote to after A pproval of M eeting A g enda. Chris Lagerbloom was presented a p rocla mation for his service to th e City of M ilton. REPORTS AN D P RESENTATIO NS I I I I I I Regular Meeting of the Milton City Council Monday , February I , 20 I 6 at 6:00 pm Page 5 of I 8 FIRST PRESENTATIO N 1. Consideration of RZ16 -0 1 -To Amend the Deerfield Form Based Code , Chapter 64 , Article XX, Article 1 -General. (Agenda Item No. 16-033) (Kathlee n Fi eld, Co mmunity Developm ent Director) 2 . Consideration of an Ordinance to Adopt Amendments to the Fiscal 2016 Budget for Each Fund of the City of Milton, Georgia Amending the Amounts Shown in Each Budget as Expenditures , Amending the Several Items of Revenue Anticipations , Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available . (Agenda Item No. 16-034) (Stacey In g lis, Ass istant City Mana ger) M ot ion and V ot e : Councilmember Kunz moved to approve the First Presentation Items. Councilmember Thurman seconded the motion. The motion passed unanimously (6 -0). Councilmember Longoria was absent from the meeting. PU BLI C H EARING ALC O H OL B EVERAGE LICENSE APPLICATION 1. Consideration of the Issuance of an Alcohol Beverage License to Moctezuma Mexican Grill Located at 13020 Morris Road , Suite A , Milton, Georgia 30004. The Applicant is Jose Guitron for Wine , Malt Beverages , and Distilled Spirits . (Agenda Item No. 16-035) (Stacey In g lis, Assis tant C ity Man ager) Stacey In gli s, Assis tant C ity M an age r This is a new establishment that is right around the comer from here on Morris Road. It is good Mexican food. They are requesting an alcohol license. They have adhered to all the city's policies and ordinances and staff recommends approval. M otion and Vo te : Councilmember Mohrig moved to approve Agenda Item No. 16-035 . Councilmember Hewitt seconded the motion. The motion passed (6-0). Councilmember Longoria was absent from the meeting. ZONING AGEND A (No n e) Regular Meetin g of the Milton City Council Monda y, February 1, 2016 at 6:00 pm Page 6of18 UNFINISHED BUSINESS (No ne) NEW BUSINESS 1. Consideration of a Grant Application to the Department of Homeland Security for the Assistance to Firefighters Grant Program Sponsored by FEMA. RESOLUTION NO. 16-02-367 (Agenda Item No. 16-036) (Chief Rob ert Edg ar) Robert Edgar, Fire Chief This is a request for approval of a Grant Application from the Department of Homeland Security for the Assistance to Firefighters Grant. We put in for two Grant requests for this particular process this year . One is for an Automated Hose Roller which will assist the firefighters in picking up five inch hose. We carry 1000 feet of 5 inch hose on every fire apparatus and once that hose is laid out filled with water it becomes very heavy. This machine will act like a dolly and roll the hose as it proceeds forward to the truck and then the guys can unroll it right into the truck. This will help prevent injuries and reduce some of the fatigue after fighting a fire . We asked for two of these. One for the fire apparatus and the other one for our training facility since I we do not have a fire hydrant close to the training facility. Each one is approximately $5000 . I There is a 10 % match on that as well. The second grant application is for a new TLAER truck , our large animal rescue truck . Currently the vehicle we use is a donated truck from Atlanta Light and Gas that has been converted and is not properl y configured for our needs. Our goal is to get a piece of apparatus that is NFP A approved that can serve as our TLAER unit as well as a medium rescue unit and service vehicle , which will give us additional ISO points when we are ev aluated. There is also a 10% match on the vehicle as well. Motion and Vote: Councilmember Lusk mo ved to appro ve Agenda Item No. 16-036. Councilmember Kunz seconded the motion. The motion passed (6-0). Councilmember Longoria was absent from the meeting . 2. Consideration to Hold a Conservation Easement for a Sending Site Property in the City 's TDR Program Located at 13235 Arnold Mill Road . (Agenda Item No. 16-037) (Ken J arrard, City Attorn ey) PUBLIC COMMENT Robert Brannon, 15144 Taylor Road, Milton, Georgia 30004 I This is my property that is up for the TDR. I believe at one of the previous council meetings , the council voted unanimously that the city was able to hold these easements so that is the route we I I I Regular Meeting of the Milton City Council Monday, February I , 2016 at 6 :00 pm Page 7of18 went. The first one was held as an outside trust. This time the city decided they wanted to hold the easements. I have done all the steps taken: application process , the surveys , city members have been out to the properties and approve that all regulations have been met , wording of conservation has been agreed upon . All of the years of hard work by the city and this great program are coming to fruition. I will talk about both of these properties because the next agenda item is mine as well. Both have met all the criteria and I ask that the city council vote based off of their previous that they can hold the easement and approve these properties. The first one is on Arnold Mill Road. We all know that is one of the busiest roads in Milton. My property there has substantial road frontage which is great because that means there will be no development there except one residence . It is 11 acre parcel. There is also a lot of land around it so it will limit even more development because they land around it will not be able to use this and put a subdivision there . On Bethany Road , I bought the property just a few months ago when it was being marketed as a four home development. We are only going to have one home on this property that also has substantial road frontage on Bethany Road. I ask that you approve this based off of the unanimous decision the council made at one of the previous meetings that the city can hold this and all the due diligence and hard work expense that I have incurred to get to this place. This is a great program and now we are ready to conserve some more land in the City of Milton. Ke n J arrard , City A ttorn ey Agenda items 2 and 3 are functionally the same , obvious ly they deal with two different pieces of property but the underlying request before the council is the same with respect to the approval of the conservation easements with the first item . Secondly , the item pertains to 11.61 acre sending site for which has been requested 7.25 credits. Agenda Item 3 is 5.09 acre site for which has been requested 5.0 credits. I believe Michele Mcintosh-Ross may want to add a few preliminary comments . Hopefully , Mr. Mayor we can address some of the bigger picture items for agenda items 2 and 3. M ich ele M cintosh-Ross, P rinci pa l Pl anner I will do the summary for each. First, I will start with Arnold Mill. Pursuant to the city's TDR program, an application was submitted to the city to request consideration to qualify the property at 13235 Arnold Mill Road as a TDR sending site and to place a conservation easement on the property. The applicant has also reserved the right to build a house, a pool and accessary buildings as allowed per the AG-1 zoning and the TDR program. After staff reviewed the application documents and visited the site, it was determined that the site met the criteria to be a TDR sending site . The 11.61 acre site is zoned AG-1 and is located along Arnold Mill Road on the east side and north of Ranchette Road. It has a combination of pasture and forests , including hardwoods and specimen trees , which contribute to Milton 's Rural Viewshed along Arnold Mill Road. The property has a lake and streams with 75 foot riparian buffers. There is a 100 foot Georgia Power easement that runs northeast to southwest along the north of the property. This property will contribute 11.61 acres of conservation land to the city of Milton. The property yields 7 .25 TDR credits. The Bethany Road piece is located at 13265 Bethany Road also qualifies. It is an AG-1 property. It is 5.09 acres. We walked the property and determined that it does qualify . It is located on Bethany Road 's east side. A house exists on the property at the Regular Meeting of the Milton City Council Monday, February 1, 2016 at 6 :00 pm Page 8of18 moment which can remain or be rebuilt. It is a forested property as well as some pasture and I includes hardwoods and specimen trees. There are no lakes or streams . It yields five TDR credits. Ke n Jarra rd What is in front of you tonight with respect to New Business Items two and three , again subject to distinctions to acreage and number of credits , the language with respect to the easements is going to be the same. Of course this is the document to grant in perpetuity to the City of Milton who would be the holder of the easements , with respect to the conservation protections in the easements . So what does it grant? In section five it goes through the rights conveyed to grantee, the City of Milton, and I can summarize them fairly easily for you . It provides the city the right to preserve and protect in perpetuity the natural and agricultural features of the protected property. It authorizes the city as grantee to enter the property for purposes of insuring , enforcement and consistencies with the granted easement and to enforce the protected nature of the protected property. What are prohibited uses and activities with respect to the protected property? First of all there is to be no use of those development rights that have been stripped away, so therefore you have lost those developmental rights . Also , there is to be no subdivision of the propert y. No construction on the site except as ma y be set forth in subsequent sections (Section 7). No mineral extraction. o soil degradation or erosion. No garbage dumping or piling on the property. Section 7 does give the right for an erection of a sing le family residential structure on the property subject to the terms that Michele mentioned . The city would have in Section 9 the enforcement power with respect to bring various sorts of action at law or in equity I with respect to insuring compliance with the conservation easement which would be filed in the Courthouse records . It is my position that we have the legal right to take on this obligation. I will tell you that this afternoon we received a rather spirited communication that took exception to both the wisdom and the correctness of the city accepting this conservation easement. I have reviewed it in part . Some of the issues I have addressed before and some are policy issues that you may have addressed before. I believe it was copied to all the city council as well. I will say this to respect to both of these items , I feel like the advice I have given council and staff thus far is correct. The public policy issues are your issues . Those go to whether decisions should be made not to can they made. I would propose to you a few options if the council is in a mind to consider them. The first option would be to defer this conservation use of agenda items two and three to the next work session . Perhaps call a special called meeting prior to the work session and allow me to review the letter and provide you detail analysis. There are a few statements in the letter with respect to contacts made of the IRS that I ma y want to follow up on and see ifl can duplicate those . Another option is to postpone this to the next regular meeting of the council and simply allow me to provide the same legal opinion. Or the council could conditionally" approve both of these easements , authorizing for the mayor to execute same subject to me providing some legal analysis to you and the mayor. And once I have addressed all the legal issues in the letter then the mayor could execute the easements if he so chooses . Those are the three options but you all may have more. Councilm emb e r M oh rig I Is there a set formula we are using to determine the number of TDRS relative to the number of acreage? I I I Regular Meeting of the Milton City Council Monday, February I , 2016 at 6 :00 pm Page 9of18 Michele Mcintosh-Ross Yes , we have a formula in the ordinance. One acre of unconstrained land would get you one TDR, but one acre of constrained land would only get you .25 TDR. If you have a combination of constrained and unconstrained then you have some differences there. Councilmember Mohrig With Item three , if it was 5.09 acres with potential constrain, does that yield five TD Rs ? Michele Mcintosh-Ross Let's use the 5 .09 , the first thing is when we put the number of acres into the formula we only take whole numbers so the .09 goes away in the calculation . So now we are dealing with five acres. If all of the five acres is unconstrained , which it is in this case , then you get five TD Rs. The situation with the 11.6 acre piece , there is a five full acres of constrained land and five full acres of unconstrained land. So for the constrained land it is 1.25 TD Rs that is yield and for the unconstrained land it is five TDRs. We also have a bonus TDR for any additional five acres above the first five acres. So on this example they get an extra TDR which gives them 7.25 total. PUBLIC COMMENT Jack Lindon, 14810 East Bluff Road, Milton, Georgia 30004 I think this is terrific that we are actually starting to see some use of the TDR program. I think that one of the things that encourages me the most about this is the idea of the five acre parcel with a house on it that is being as a TDR. This seems to me to be a terrific way to begin to address some of the issues that are probably going to start in another five , ten years of infill where people are going to have five or ten acres with one or two houses on it and they are going to want to subdivide it. This is a good way to help people to avoid that issue. The one thing that I am concerned about is how big of a house you can build on the parcel. You take this five acre parcel and build a great big house on it , it will not look like a piece of conserved land anymore. I just want to suggest that the Community Development department would want to look at the whole issue of putting some regulation around what sort of construction can be done in terms of rebuilding or building on a property that does not currently have any structures on it. Mayor Lockwood Is there any kind of limits on the size of the house ? Michele Mcintosh-Ross We do not have any limit size on the house. The proposed house does need to be approved with a site plan. Ken Jarrard It is very clear in the easement that the dwelling unit that can be constructed must be constructed in accordance with the applicable rules and regulations at the time of construction. Regular Meeting of the Milton City Council Monday, February I , 2016 at 6:00 pm Page 10of18 Mayor Lockwood And that maybe a discussion we may have in the future because I can see if someone built a big house , conservation would be lost. Michele Mcintosh-Ross In the conservation easement we do make sure that the future house does not impede the site along the rural view shed . You will not be able to see it from the road . Councilmember Thurman Laurel brings up a concern about our liability and the cost of us having to defend a law suit if someone tried to have the conservation easement removed from the property in the future , how often does that actually happen? Ken Jarrard I have not seen that happen before. Councilmember Thurman If it is not something that has not really happened then I hate to make a decision based on what might happen in the future. Ken Jarrard The letter does raise some significant issues but at the end of the letter it is very careful to say these issues have never occurred before or at least in the opinion of the author they are not aware of them occurring. For instance , I think it is framed as whether the IRS or the Attorney General has .ever taken a city government to task for this. I don 't know but they could. The reality is occasionally jurisdictions do get sued for a variety of things and that is why we have insurance and attorneys so we can address situations when they come up. Councilmember Thurman If we previously voted for the TDR as a means to preserve land then this is one way to do it even if it ends up costing us a little. It is going to be able to save 15 acres of property from being developed . Ken Jarrard This is the City of Milton bringing its vision to fruition. Councilmember Hewitt And this is someone who is willing to do it and not forcing the issue on anyone. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 16-037. Councilmember Kunz seconded the motion . The motion passed (6-0). Councilmember Longoria was absent from the meeting. I I I I I I Regular Meeting of the Milton Cit y Council Monday , February I , 2016 at 6:00 pm Page 11of18 3. Consideration to Hold a Conservation Easement for a Sending Site Property in the City 's TD R Program Located at 13265 Bethany Road . (Agenda Item No. 16-038) (K en Jarrard, City Attorn ey) Ken Jarrard , City Attorney Same presentation as above. Councilmembe r Mohri g The on ly financial liability on this wou ld be the inspection and enforcement? Ken Jarrard I think that is the most obvious financial implication is the monitoring to insure compliance with the easement. Councilmember Mohri g There is no transaction or cost to the city at this point? We hold the easement unti l later when someo ne considers purchasing TDRs from the landowner, correct? Ken Jarrard Correct. There will be some attorne y fees but not anything significant. Councilmembe r Mohri g Our respons ib ility is just the mo nitoring and the true cost is something down the road if someone wanted to buy those TDRs from the landowner, correct? City Manager Lagerbloom Correct. We will monitor and supervise the land . Councilmembe r Lu sk This being a legal instrument, is there a duty of the city to perform these inspections or does there need to be a third party? Ken Jarrard I do not believe there is an obligation to have a third party to perform them. I be li eve the ease ment grants the ri ghts to enter , inspect and enforce the easement to the city and staff. C ouncilmember Lus k Have we done any estimate of cost to perform these annual inspections? Drones , staff cou ld perform these inspections ? May or Lockwood I would think the Conservation Manager or existing staff could do the inspections . Regular Meeting of the Milton City Council Monday, February I , 2016 at 6 :00 pm Page 12of18 Councilmember Mohrig I suggest we need to have staff set certain guidelines on how we are going to do these annual inspections because it is now our responsibility. This will gives us a process in place going forward. City Manager Lagerbloom Agreed. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No . 16-038. Councilmember Thurman seconded the motion. The motion passed (6-0). Councilmember Longoria was absent from the meeting. 4. Consideration of an Application for the Abandonment of a Portion of Congaree Court. (Agenda Item No. 16-039) (Carter Lu cas , Ass istant City Man ager) Carter Lucas, Assistant City Manager I This is an application we received for the abandonment of a portion of Congaree Court in the I Lake Haven subdivision . As part of our process this is the first step to allow you to analyze the application and decide whether or not we want to accept it for further review . At this point staff has made no real determination on the merits of the application but only that it has been received and meets the initial conditions necessary for review. It no way binds you into future decisions as to the disposition of this right of way. This right of way is a small piece at the end of Congaree Court on the site plan you have before you. It is a 50 foot right of way between lots 22 and lots 23. It was initially intended to provide access to the future phase of Lake Haven subdivision however , the property to the south has already been subdivided as Bryan Ridge subdivision. The intent of the application is to provide access to a single lot that would be subdivided from an existing lot (1 -1.5 acre) in the Bryan Ridge subdivision. Councilmember Lusk Let me be clear that section of roadway is going to be totally abandoned and there will be no access to those two lots to the south, is that correct? Carter Lucas The lots to the south are already accessed either by Freemanville Road or Bethany. There are no inner roads in Bryan Ridge subdivision . So they already have access. Councilmember Hewitt So there is no road through there now? I I I I Regular Meeting of the Milton City Council Monday , February 1, 2016 at 6:00 pm Page 13of18 Ca rt e r L uca s That is correct. The section to be abandon does not contain a road at all at this point. It ends at the end of the cul-de-sac. This will be back before you for formal determination once we get through the application process. M otion and V ot e : Councilmember Hewitt moved to approve Agenda Item No. 16-039. Councilmember Kunz seconded the motion. The motion passed (6-0). Councilmember Longoria was absent from the meeting. 5 . Consideration of a Construction Management at Risk Agreement between the City of Milton and New South Construction , Inc. (Agenda Item No. 16-040) (Cart er Lu cas , Ass is tant C ity Man ager) Carter Luca s, Ass istant City Mana ge r This is our Construction Services Agreement with New South Construction for the construction of City Hall. This represents a cost limitation of $9 ,807 ,23 7. New South was selected from four applications when we issued our RFP as the most qualified contractor that we had to build this facility . They have been working through the construction documents under the pre-construction contract and are very familiar with the project and have been very involved in getting us to this point and ready to begin construction. Tonight, we are presenting this agreement for your approval so that we can begin construction on City Hall. Councilmemb e r Thurman My firm does work for New South; however, I do not do any work for them personally. I just want to make sure whether or not I need to recuse myself from this vote even though I was not personally involved in any of the work that my firm performed for them. City A ttorn ey J a rr a rd Out of an abundance of caution I suggest that you recuse yourself from this vote Councilm emb e r Lu sk In section 8, liquidated damages, how is that calculated? Carter Lucas It would be a per day charge. We looked at the damages that we would incur in a lease extension at this property and tried to reasonably access that as part of this contract. M otion and V ote: Councilmember Kunz moved to approve Agenda Item No. 16-040 . Regular Meeting of the Milton City Council Monday, February 1, 2016 at 6 :00 pm Page 14of18 Councilmember Lusk seconded the motion. The motion passed (5-0). Councilmember Thurman I recused herself from the vote . Councilmember Longoria was absent from the meeting. 6. Consideration of a Component Change Order Number 1 between the City of Milton and New South Construction, Inc. (Agenda Item No. 16-041) (Carter Lu cas , Assistant City Man ager) Carter Lucas, Assistant City Manager In this case, the component change order is a very integral part of the main contract. This represents work through site work foundations that allows us to go ahead and start moving on those packages that have already been priced by the contractor. This change order represents $5 ,754 , 368 which is an aggregate of all those fees and charges that you see on that CCO number 1 but is included in part of the overall cost limitation that we saw in the contract that we just approved . As we move forward with some of the components and designs to get to an overall price , this component change order allows us to go ahead and get started with the pieces of the project that we know what the price will be. We are asking for your approval of this component change order number 1. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 16-041. Councilmember Mohrig seconded the motion . The motion passed (5-0). Councilmember I Thurman recused herself from the vote. Councilmember Longoria was absent from the meeting. MAYOR AND COUNCIL REPORTS Councilmember Lusk At the Georgia Municipal Association Mayor 's Day Conference last week, I took a course on Environmental Sustainability . One issue that was mentioned were loans from GF A. One loan they mentioned in particular was for property acquisition along waterways. They mentioned that there are more funds available than requests for the funds so I'm sure Kathy Field is familiar with this . It would certainly be worth looking into. Councilmember Thurman Not only did they say that loans were available , but for certain things there were grants available. So , I seemed to like that idea more than the loans. STAFF REPORTS Department Updates • Police • Public Works • Parks and Recreation • Community Development I I I I Regular Meeting of the Milton City Council Monday, February I , 2016 at 6 :00 pm Page 15of18 • Economic Development • Fulton County TSPLOST Police Department -Chief Steven Krokoff We have been trying to improve our traffic safety and one thing we are moving forward on is our training regarding accident investigation. Several of our officers have completed on-scene accident investigation level one training. It is an advanced investigation course. We want everyone in our department to complete l ~vel one and level two of this training so we can really start examining and accessing the contributing factors are to accidents. We want to improve traffic safety through enforcement, education, and engineering . One of our officers, Officer Lappin, just completed a drug recognition program. He is now a drug expert, which we are excited to have in our department since we did not have anyone prior to this. He went through 80 hours of intense training in Arizona. It is very difficult to access someone who is intoxicated with something other than alcohol so we are pleased that he can now help us in this area. We participated in the Stop Hunger Now Event at Cambridge High School. We packed food for poor people around the world . I want to thank Chris for being the type of leader that he is. He was instrumental in bringing me to the city and has been a fantastic boss and friend . Thank you , Chris , for everything you have done . Public Works Department -Carter Lucas, Assistant City Manager I gave my report a few weeks ago so I don 't have much to add but would like to follow -up on two things. Regarding our Birmingham/Crabapple intersection project, the pre-construction meeting is scheduled for next Tuesday so the project is moving along . It will probably be late February or March before we see any construction occurring. The 140 bridge project is scheduled to begin in November. The new bridge alignment will be to the north of the existing bridge. It is currently scheduled to be a two lane bridge with ten foot wide shoulders so it will be a substantial improvement from the bridge that is currently there . The current bridge will remain in place and active while the new bridge is being built. It is a two year long construction project. Parks and Recreation Department -Jim Cregge, Director of Parks and Recreation Bell Memorial Park has been selected for the opening ceremonies of the Golden Games on Wednesday , April 271h . We had to wrestle it away from Alpharetta and I hope you will all be able to be there. We are very excited about showing off our new $10 million park. We hit a new record , boy 's lacrosse registration is over 370 participants for the spring season. We have decided to play boy 's lacrosse on both of the rectangular artificial turf fields. There will still be overflow and so we will be using Hopewell Middle School for that. Baseball registration is down a little from previous years. Hopewell Baseball was out of business for a year while the park was being built which has resulted in losing some participants. We are confident that it will go up . Their registration is currently in the low 400 's . We are planning to use fields 3 , 4 , 5, and 6 with overflow using the baseball field at Hopewell Middle School. Basketball is wrapping up. We have 135 kids in that program. Currentl y, we are very entrenched in planning for Camp Joyful Souls. We participated in an open house sponsored by Forsyth County schools for participants in the south side of Fulton County as well as the North Fulton cities and there were several organizations and vendors who help people with special needs such as equipment Regular Meeting of the Milton City Council Monday, February I , 2016 at 6 :00 pm Page 16of18 supplies or camps , etc. We had a booth set up and there was a phenomenal turn out. It was very I well received and I was very pleased that several of our Camp Counselors from last year who were home from college were able to participate and help us with the event. We are currently working on obtaining some grant money for Camp Joyful Souls. Construction has started on a roll-up gate at Northwestern Middle School in which the purpose is to block access into the school and permit access to the bathrooms that are located in the area. Once completed , there will be six bathrooms available during our Eagle Stix Lacrosse program. In addition, the Byrd House repairs begin this Friday . Community Development Department -Kathy Field, Director We are moving forward with the update to our Comprehensive Plan. The next meeting for CPAC will be February 9th_ We are still waiting to hear about our grant application to ARC for an LCI update for our masterplan for the downtown Milton/Crabapple area. We are moving forward with our way-finding signage study for the downtown Milton. We were awarded that contract by Cooper Carey and it will be a change order to the city hall contract. We have a rezoning on Ebeneezer Road to rezone from AG-1 to CUP. It will be presented at the March 21 st meeting. We are working on the text amendments to expand the rural viewshed. The second of two workshops was held by the Planning Commission on January 27th_ They will consider these items on February 24th and you will hear these items on March 21 st. We also have a text amendment to amend the Deerfield Form Based Code and will be presented at the February l 81h meeting . Lastly , Kathy Johnson has accepted the position of Conservation Project Manager and I her first day of employment was today. Economic Development -Sarah LaDart, Economic Development Manager I would like to present an idea to you and get your feedback and thoughts. It is regarding a public Arts Initiative like the turtles that are in Sandy Springs. Getting public art was an idea that was presented to me and I do not like the idea of donated art because you get whatever someone decides to give to you. We are hoping to grow funds by getting our citizens involved to showcase their talents in order to use those funds to get the type of art that we really want. We want to fund public art and encourage local exploration. We would create a map of where all the horses are located . We would put on our website an outline of the horse and it is open to anyone . Even a second grade class could design a horse. A group that you would select would make sure that all the designs are appropriate . An individual could then sponsor an artist for $5 ,000 then the artist would get $500 up front to help with the cost of the supplies . Upon completion of the horse , the artist would receive $1 ,000 for their time . The horses are life size and the cost of each horse is approximately $2 ,000. Once completed , the original sponsor can either choose to purchase the horse for $5 ,000 or we can put the completed horses up for public auction . The funds wou ld then be used to purchase the kind of art that we want. Are you interested in pursuing this idea? Councilmember Kunz I was the one who told Sarah about this idea. I have seen it done in other cities and approached Sarah. She gathered all the information and put the presentation together. I think it is a good idea. I I I I Regular Meeting of the Milton City Council Monday , February I , 2016 at 6:00 pm Page 17of18 Mayor Lockwood It sounds like Burt and Bill and possibly other councilmembers would like to look further into this idea. So , we would support you researching it more. Chris Lagerbloom, City Manager -Fulton County TSPLOST If this initiati ve comes forward , it will be county-driven. Some of the biggest questions regarding this initiative is how will be funds be distributed , how can we be assured of projects with regional impact as opposed to having a lot of well-paved subdivision streets, how do we put together a plan so the community can be confident that the funds are being well spent. Some of the buzz words surrounding this initiative are transit ; which means MARTA , penny; fraction of a penny, etc. We will need to watch SB313 which is a piece of legislation that Senator Beech is going to introduce which would mandate half a penny for transit. Carter Lucas, Assistant City Manager There is a lot going on with transportation planning right now between our local CTP , the North Fulton CTP, and the call for a referendum on transportation projects. The timing on none of it lines up so , ideally, if all of this had occurred after the North Fulton CTP and our CTP was done , we would have our lists together on the projects that have gone through the councils and the various public communities. Because the North Fulton cities have gotten together and reached out to the leaders of the transportation network and we are looking at a joint effort with Kimley- Home and Adkins to bring the cities together and focus all of us on developing our lists for the referendum. The list will look at both local and regional needs. They will drive those lists for us and help with the coordination of both the councils and the public. We have a short amount of time to put together these lists. In May , they want to see our lists of projects that we would want to see built within the next five years . The li st needs to be all-inclusive to include all projects such as bridge , road , intersection, regional , and transit. Transit has become a big issue on how much a component it is with the various jurisdictions. There has been a lot of discussion on how our consultant can help with not only the strategy of the list but the de velopment of the strategy with MARTA and how that moves forward. Over the next couple of months , yo u will see us on numerous occasions as we begin to develop these lists and bring them forward to make sure we have identified the correct projects for the next five years . It will be a fast moving project over the next few months. EXECUTIVE SESSION Motion and Vote: Councilmember Kunz moved to go into Executive Session to discuss pending litigation and land acquisition at 8:00 p.m. Councilmember Thurman seconded the motion. The motion passed unanimously (6-0). Councilmember Longoria was absent from the meeting. Regular Meeting of the Milton City Council Monday, February I , 2016 at 6:00 pm Pag e 18of18 RECONVENE M otion and V ote: Councilmember Hewitt moved to reconvene the Reg ular Meeting at 8:29 p .m . Councilmember Lusk seconded the motion . The motion passed unanimousl y (6 -0). Councilmember Lon goria w as absent from the meeting. ADJOURNME NT (Agenda Item No. 16-042) Motion and V ote: Councilmember Lusk moved to adjourn the Regu lar Meeting at 8:30 p.m . Councilmember Hewitt seconded the motion. The motion passed unanimously (6-0). Councilmember Longoria was absent from the meeting . Date A pprov ed: February 17 , 2016 Su di e AM Gordon , City Clerk I I I I I I STATE OF GEORGIA COUNTY OF FULTON CITY OF MIL TON ) ) ) ) ) AFFIDAVIT RE: CLOSURE OF OPEN MEETINGS 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 City Council Meeting held on February 1, 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. _X_ discussion or voting to authorize negotiations to purchase, dispose of, or lease property ; authorizing the ordering of an appraisal related to the acquisition or disposal of real estate ; entering into contract to purchase , to dispose of, or lease property subject to approval in a subsequent public vote ; or entering into an option to purchase, dispose of, or lease real estate subject to approval in a subsequent public vote pursuant to O.C.G.A , 50-14-3(b)(l)(B-E); 2 . discussing or deliberating upon the appointment , employment, compensation , hiring , disciplinary action or dismissal, or periodic evaluation or rating of a public officer or employee or interviewing applicants for the executive head of the city with the vote on any such matter coming in public pursuant to O.C.G.A. 50-14-3(b)(2); 3. _x__ attorney/client privilege in order to consult and meet with legal counsel pertaining to pending or potential litigation, settlement, claims , administrative proceedings or other judicial actions brought or to be brought by or against the agency or any officer or employee or in which the agency or an y officer or employee may be directly involved , pursuant to O.C.G.A. 50-14-2(1). 4 . other (explanation): I certify that the subject matter of the closed meeting or the closed portion of the meeting was devoted to matters of official business or policy , with the exceptions provided by law as set forth above . SWORN TO AND SUBSCRIBED before me this 1st day ofFebruary , 2016.