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HomeMy WebLinkAboutMinutes CC - 04/11/2016 - MINS 04 11 16 REG (Migrated from Optiview)Regular Meeting of the Milton City Council Monday, April 11 , 2016 at 6 :00 pm Page 1 of 14 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 April 11, 2016 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Reverend Monsignor Peter J. Rau , Pastor St. Peter Chanel Catholic Church -Roswell, GA CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLL CALL Councilmembers Present: Councilmember Thurman, Councilmember Kunz, Councilmember Lusk, Councilmember Hewitt, Councilmember Longoria, and Councilmember Mohrig. PLEDGE OF ALLEGIANCE (l ed by the Sons of the American Revolution) APPROVAL OF MEETING AGENDA (Agenda Item No. 16-081) Motion and Vote: Councilmember Thurman moved to approve the Meeting Agenda with the following changes: • Add an Executive Session to discuss Personnel. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0). PUBLIC COMMENT Regular Meeting of the Milton City Council Monday, April 11 , 2016 at 6:00 pm Page 2 of 14 CONSENT AGENDA 1. Approval of the March 14 , 2016 City Council Work Session Meeting Minutes . (Agenda Item No. 16-082) (Sudie Gordon, City Clerk) 2 . Approval of a Construction Services Agreement between the City of Milton and Delta T Corporation for the Installation of a Commercial Ceiling Fan at the Broadwell Pavilion. (Agenda Item No. 16-083) (Carter Lucas, Ass istant City Manager) 3. Approval of an Amendment to the MOU for TSPLOST Consultant Services between the Cities of Sandy Springs , Alpharetta, Johns Creek, Milton and Roswell, Georgia. (Agenda Item No. 16-084) (Carter Lu cas, Assistant City Ma nager) 4. Approval of a Construction Services Agreement between the City of Milton and Garland/DBS , Inc . for Fire Station Roof Repairs at Fire Stations 41 and 43. (Agenda Item No. 16-085) (Robert Edgar, Fire Ch ief) Motion and Vote: Councilmember Lusk moved to approve all the Consent Agenda Items. Councilmember Mohrig seconded the motion. The motion passed unanimously (7-0). REPORTS AND PRESENT A TIO NS 1. Proclamation Recognizing National Library Week. (Presen ted by Counc ilm ember Bill Lusk) 2. Proclamation -Support of Extension of the Special One Percent Sales Tax for Educational Purposes. (Prese nted by Mayor Joe Lockwood) 3. Presentation of the Comprehensive Transportation Master Plan. (Car ter Lucas, Assistant C ity Manager) Carter Lucas, Assistant City Manager Tonight I am going to tum this over to Cristina Pastore who is with Kimley-Hom. She is here tonight to go through an update of where we are with the Transportation Master Plan. Cristina Pastore, Kimley-Horn Thank you. This is a little bit separate piece from the TSPLOST effort but definitely an opportunity for hand and hand coordination between the two . This is a one year process which began back in June/July last year. We have completed all the inventory of existing conditions Regular Meeting of th e Milton City Counc il Monday , April 11 , 2016 at 6:00 pm Page 3 of 14 and the update to the mean assessment, building on the work we did on the 2009 CTP . We are now in the phase ofrecommendations . We will be wrapping up in June or early July with the complete report. Since October 's presentation to the council we have accomplished a number of different things: • Completed all of the transportation inventory • Completed all of the existing and future transportation needs and analysis • Finishing up on the document that will be available for public consumption that contains maps and graphics • In terms of public outreach, we attended two football games (Cambridge and Milton) in the fall getting the word out about the efforts being made in the area • Conducted one public meeting at the Milton Library • Completed three focus group meetings • Complete the first round of our online Metro Quest survey Information about the survey: • Survey ran from end of October thru early of February. • Over 2,000 people visited the site • Approximately 1,300 took the survey (4 % of Milton's population) • The top four priorities from the survey were: o Vehicular travel • The average travel time to and from work was 43 minutes o Walking and biking • People tended to use sidewalks followed by trails • 73 % would walk/bike more if improvements were made o Improving connectivity • People want better reliable access to retail and commercial developments • People are also looking to connect to employment and housing easier o Transportation safety • Roadway safety was the number one opportunity to improve by adding more turning lanes and adding round-a-bouts • Walking and biking safety improvements were next The most interesting aspect of this survey was the mapping element. People had the opportunity to drop different points of where they have a severe transportation recommendation. This was a great help for us. We could look back at our needs assessment and compare to what the public had documented as the areas of their most concern . With the need assessment we looked at the following: • Travel Demand Model -a regional model developed to help us understand where the greatest areas of congestion might be by 2040 • Information from the City of Milton related to crash data that looks at intersections with the greatest number of crash rates • Corridors and intersections (Some improvements already underway) Re gular Meeting of the Milton City Council Monday, April 11 , 2016 at 6:00 pm Page 4of14 • Pedestrian Connectivity (Trails are shown in green and sidewalks in orange) • Biking Connectivity (Travel speeds, vo lume , speed bumps were all considered) • Transit (Crabapple, for example) The Recommendation Phase was de ve loped in a draft form based on results of needs assessment , feedback from public outreach, and staff input. We are now in the process of evaluating the list of projects broken down by mode. We are taking into account many of the key transportation considerations. So what is next? We are in the final stage. As we look forward to the next couple of months , we have a number of things we are working on : • Evaluating the draft projects that have been developed • Conducting additional model analysis for the roadway projects • Conducting additional operational analysis for intersections • Creating a funding plan • Continuing a number of public outreach projects. We plan on being at Bell Memorial Park and at the Milton Jubilee on May 7th to reach out to the public once again. As we advertise at that point, we will be letting the public know about the second round of the Metro Quest survey that will be available in May or early June. A final public meeting will be at City Hall on Tuesday, June 10 , 2016. FIRST PRESENTATION 1. Consideration of RZ16-02NC16-01 -745 Ebenezer Road by Brightwater Homes , LLC To Rezone from AG-1 (Agricultural) to CUP (Community Unit Plan) to develop 50 Single Family Homes on 63 .57 Acres at an Overall Density of 0.79 Units per Acre and a Concurrent Variance to Increase the Maximum Lot Coverage from 20 Percent to 50 Percent for Each Individual Lot [Sec. 64-l 14l(d)(l)(b)]. (Agenda Item No. 16-086) (Kathleen Field, Commun ity Development Dir ector) 2. Consideration of V16-003 -The Reserve at Providence, Providence Road , the Pro vidence Group of Georgia Custom Homes , LLC to Reduce the Front Setback from 60 feet to 20 feet , on lots 1-10 , 18-23,30 and 34-36 . (Sec. 64-416.b) and to Increase the Height Limitation by 5 Feet on Lots 5-9 , 19 , 20 , 34 and 35 (Section 64.1141.c.l). (Agenda Item No. 16-087) (Kathlee n Field, Community Development Dir ector) Motion and Vote: Councilmember Kunz moved to approve the First Presentation Agenda Items. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). PUBLIC HEARING (None) Regular Meeting of the Milton City Council Monday, April 11 , 2016 at 6 :00 pm Page 5 of 14 ZONING AGENDA (None) UNFINISHED BUSINESS (None) NEW BUSINESS 1. Consideration of A Resolution of the City of Milton, Georgia Enacting An Emergency Moratorium for 30 Days to Bar the Acceptance of Applications for Permits Authorizing the Use of Community Sewerage Disposal Systems. RESOLUTION NO. 16-04-370 (Agenda Item No. 16-088) (Ken Jarrard, City Attorney) Ken Jarrard, City Attorney On the agenda this evening is an emergency resolution that we bar the acceptance of any applications or requests for utilization community septic. This is the by-product of the discussion council had in a meeting recently , where the issue of community septic came up. We were able to discuss the applicability of Section 50-184(b) of the Milton Code which has been characterized as a hold over provision of Fulton County that does in fact allow community septic now in various sections of the community. The question becomes what do we do with this? Direction given to me from the council , is we should look at Section 50-184(b) and decide whether we keep , modify, revise or delete it. Not a great amount of attention has been paid to it since 2006 . One way to maintain the status quo with respect to revisions like this is to impose a moratorium of the acceptance of applications that would attempt to use or construct septic protocol used in Section 50-184(b). This puts in place a 30 day moratorium on the acceptance of any applications that would seek to use community septic. It does not affect anything already in progress. I will add some caution to this. I am not personally convinced as your attorney that the language involved in community septic is in the form of a zoning code . What we typically like to do is to get in place a 30 day moratorium then schedule a public hearing if we want to extend it longer at that time which is what I am recommending you do. If this is what the council chooses to do , I ask that if you envision this being longer than 30 days , then do you want me to setup a public hearing for May 2 and bring back a much longer moratorium for six months or more? Mayor Lockwood You bring up a good point Ken because 30 days does not do a whole lot one way or the other. Ken Jarrard Thirty days is simply the emergency part of it. It gets us to a public hearing . It is after the public hearing where you have the right to look at this for much longer period oftime and can answer the true question of what are you going to do with this section of our code? Regular Meeting of the Milton City Council Mo nda y, Apri l 11 , 2016 at 6:00 pm Page 6of14 Councilmember Longoria If we were going to modify this , is your thinking that it will take six months? Ken Jarrard No. Councilmember Longoria Good. I was worried when you said that. Ken Jarrard It is a small section of the code and should not take that long. However, the answer with what to do with it does implicate a much bigger policy issue that I know the council has been grappling with. Councilmember Longoria I want to steer clear of any types of moratorium that get in the way of citizens enjoying a great relationship with their government. I would like to understand what needs to be changed and get on changing it and not have to worry about a moratorium too . To me, I see a moratorium as an issue with the council making up their minds on what they want to do . Ken Jarrard The direction given to me was to do this while you did that. Councilmember Longoria Right. Councilmember Thurman What does it have to do to qualify as an emergency moratorium? The term emergency bothers me because it is like something has to be done immediately or something bad is going to happen . Anything that came before us we would have the right to look at it case by case basis , so how does this qualify as an emergency? Ken Jarrard In reality it probably doesn't. The typical reason we do these in an expedited way is to help property owners see what laws are about to occur. We will be loaded up with applications for the very thing upon which we are about to put a moratorium on, so that is why we do this in an expedited way. Councilmember Thurman, I do not know to your point if there is a huge rush to bring applications for septic systems. Councilmember Thurman And ifthere is , we do not have to approve their plans if they do bring it in front of us. I am having a hard time understanding how this is an emergency. Regular Meeting of the Milton City Council Monday, April 11 , 2016 at 6:00 pm Page 7 of 14 Ken Jarrard It is the difference between having a viable option. This takes community septic off the table as being a viable land use option while the moratorium is in place. I cannot disagree with you but I am programmed that a moratorium is put in place to stop something immediately that is why we have that language. Mayor Lockwood It does makes since to give you 30 days to at least sort through it. Previously, we have done this because people would throw applications in because they are worried about what may change. Ken Jarrard Maybe expedite is a better word than emergency. Councilmember Lusk This issue has just recently come up as a result of a recent application. This ordinance has been on the books since December 1, 2006 as has the storm water ordinances , water supply ordinances, sign ordinances, etc. I have not seen a demand for this so the term emergency has led us to the hysteria that has gone on with sewer. Can we not proceed in looking at this part of the code , as we have other parts of the code , without enacting a moratorium? Ken Jarrard Of course. You always have the right to look at code while keeping the existing code in place. I thought this was the direction the council had given simply to preserve the status quo while you all thought about it. Councilmember Hewitt I know when we had our discussion three or four weeks ago, we talked about this. There was a request for more data from Councilmember Mohrig. Doing a moratorium like this may help us come together and decide what we want to do .... keep as is , modify it or draw up a new one. Then, the development community knows what they are getting into when they file an application. So, this is why I support it. Mayor Lockwood I agree. Staff is getting us some information that was requested from council. To me, this is not a make or break since it is only for 30 days. It is a safety gap for us and I support it as well. Councilmember Longoria I agree that it seems like overkill language but that is alright because most the people in this room when this was brought up were unaware that is how the ordinance read. There was a mass realization that community septic can be put in anywhere because our ordinance allows it. One thing that saves us is the zoning which dictates what the property is going to be used for. We realized we had no control over the applicant who owned AG-1 property who wanted to develop it with a community septic but wasn't going to change the density . With this case he would be allowed to develop a community septic based on the way our ordinance reads . This boils down to Regular Meeting of the Milton City Council Monday, April 11 , 2016 at 6:00 pm Page 8of14 us as a council deciding when and how community septic can be used, if at all. The emergency here is that we need to gain control over this since we do not have control of it now. Steven Krokoff, Interim City Manager We have a situation that we discovered that we have no regulatory power over. The situation you just described , we would not have any power over. We were tasked with looking at a few scenarios and coming back with additional information to make a determination as to what we are going to allow and how we are going to regulate it , if at all. Councilmember Kunz My thought process on this is if anyone comes before us with a community septic system application, we have as you said when you asked me the question, if someone comes before us with community septic and the council decided we did not want to vote for , we said that based on safety of that application , we could deny any application based on community septic even if the law states it is allowed , correct? Ken Jarrard I think it is going to be wrapped up in the land and how it is zoned. I do not think council has lost all its discretion on deciding what is best for the city. Councilmember Kunz Exactly. So my point on this is if we are going to do a moratorium , we can have the legislation done at the time the application is brought before and our staff can make reasonable decisions about how to handle the monitoring of these systems based on the technology that is available . I do not think we need to legislate that. But if legislation is required , we can do it at the time of approval of the COP if that is what is brought before us. I think it is foolish of us to try and think ahead of what we are going to do for plans that we have no idea about. I think it is a redundancy for us to do this . It is a knee jerk reaction based off some thoughts in the community. I think as a staff and a city we can manage this process , case by case, and the moratorium may not be in the best interest for us in the future. Ken Jarrard From the ordinance language aspect, if the language is going to remain, I might recommend some modification to it. It has some language that involves Fulton County and I think there are ways to make everybody 's job much easier if we change the language some. Councilmember Kunz Does looking at the language require a moratorium? Ken Jarrard Obviously, we have the right to look at the code without a moratorium. A moratorium will lock down and take community septic off the table as a viable option. Regular Meeting of the Milton City Council Monday , April 11 , 2016 at 6:00 pm Page 9of14 Councilmember Hewitt I differ a little with your thoughts, Ken. I think if we worked on the language and did not do a moratorium, applicants will not know where we stand. They are investing time and money in this and will be unsure of how council feels about this issue. If we make a clear decision then people will know what to expect before they start down this avenue. I would like to make it clear to all and where we stand. Mayor Lockwood One of the concerns has been who is responsible if it fails. Lots of questions regarding this and we need feedback on technology, etc . to better answer this question . To Joe 's point, if someone decides to put one in now which by right is allowed , what happens if it fails? I agree with Burt that we need to clear all this up and maybe a moratorium pushes us to do so. I don't think 30 days is that significant and it will at least get us in the direction to have a public hearing where people can comment on what they think is right for Milton. Councilmember Longoria In addition to having a clear statement to the development community on what our intentions are , we also have a huge citizen group that is concerned about this as well. I think the moratorium for 30 days is a good idea but I will not support it for any longer. Mayor Lockwood The 30 day starts the process so I do not think we will have resolution by then . Councilmember Longoria I get that. Councilmember Kunz On the other side , I have citizens concerned about the development that is going on currently. If you have a moratorium then anyone who wants to sell a piece of land will automatically have it zoned AG-1 and there are citizens that are concerned about that. My thoughts are that staff is intelligent enough and can come up with recommendations that are acceptable as they do all the other times. Councilmember Lusk I think we have lost our focus on our vision here. If there is ever a need for an emergency moratorium , I think it is on some of the issues that the Planning Commission is studying right now (rural view shed as it relates to entrances to new subdivisions , sidewalks to nowhere , curb and gutter, etc.). This moratorium on wastewater treatment is not going to have any impact on development on typical AG-1 subdivisions. We are trying to preserve this rural view shed and the character of the area but in the meantime we are getting so many new subdivisions in the area that are destroying those things . I think the emphasis is on the wrong area. I think we should expedite whatever decision that is coming out of the Planning Commission which has been delayed three months and deal with the issues in a more expedient nature . Waste water treatment systems are not going to violate the vision we have. Let's put the issue on the right issue. Regular Meeting of the Milton City Council Monday, April 11 , 2016 at 6:00 pm Pag e 10of 14 Mayor Lockwood I agree with Bill in the sense everything needs to be pushed as fast as possible. Councilmember Thurman I am still struggling that it is an emergency moratorium. We have had one application in 10 years. I could support something for 30 days because I do believe strongly the wording needs to be changed. Mayor Lockwood Ken , since we have been talking about changing the wording of the code , what could happen if we did not change it? People could hurry up and put in applications faster because of the unknown . Ken Jarrard Correct. A good reason for a moratorium is the government recognizes the problem with some of its code and wants to stop everything while it corrects it. The wording of emergency is on me and was my language . The reality is the application is still the same. It is to put the breaks on the use of this provision to the extent it would be used for 30 days (May 11). My plan would be is to advertise this and have a much longer one brought to you on May 2nd after the Public Hearing. I will also say a moratorium does very little. It just gives a chance to either rewrite this code or delete it from your code all together. Councilmember Longoria there is very little chance we will have a resolution by May 11th. Councilmember Longoria We are trying to send a good message to the community. Mayor Lockwood Would it be acceptable to change the emergency moratorium to temporary moratorium? Ken Jarrard It is just going to be a moratorium from here on out. Councilmember Mohrig I was the one wanting to hear more facts about a community septic system: how do they work, how effective are they, what would be the restrictions if we do allow them, etc . I would like to know what we are doing with the moratorium , is it to send a signal and let staff work on this ? What do we want to accomplish with this moratorium? Mayor Lockwood The direction is do we want to look at our ordinance and change it? Councilmember Kunz My concern is the message we are sending. Do we have a problem or not ? Regular Meeting of the Milton City Council Monday, April 11 , 2016 at 6:00 pm Page 11 of 14 Councilmember Lusk Quick side note, we have three major community wastewater treatment systems in the city. One behind my house at Summit Hill Elementary school and they have not had an issue with that one. Another one at Birmingham Falls Elementary school which was installed after 20006 and there has not been any major issues with it either. The third system at Birmingham Crossroad in 2003 and the major issue with it is it is underutilized causing it not to perform to its ultimate capacity. We have these systems in the city and they have worked with no major disasters since I have been around. Motion and Vote: Councilmember Longoria moved to approve Agenda Item No . 16-088. Councilmember Hewitt seconded the motion. The motion passed (5 -2). Councilmember Lusk and Councilmember Kunz were opposed. 2. Consideration of an Ordinance Issuing a Conditional Use Permit to T-Mobile South , LLC for the Construction of a 150-foot Tall Monopine Tower Accompanied by a Four (4) Foot Lightning Rod and a 50'by 50' Fenced Equipment Compound at 14495 Hopewell Road , Milton Georgia as Required by the Judgment of Federal District Court Dated March 15 , 2016 in T-Mobile South, LLC v. City of Milton, Civ. Act. No. 10-cv-01638-RWS. ORDINANCE NO. 16-04-271 (Agenda Item No. 16-089) (Ken J arrard, City Attorney) Ken Jarrard, City Attorney This is an ordinance that will bring to an end the liti gation that has been ongoing between the city and T-Mobile since 2009. Litigation has not been going on since 2009 , but that is when T-Mobile submitted applications to place a cell tower on Hopewell Road , Mountain Road, and New Providence Road; three cell towers in total. The Mountain Road tower was withdrawn and the New Providence Road tower was resolved by way of stipulations that the city placed on it. It is the Hopewell Road tower that has been in litigation. The city received an order from the U.S . District court that stated that we acted improperly in not allowing this cell tower to be placed on Hopewell Road. We appealed that notice based on our concern about the state engineering reports which accompanied the original application did not indicate the lack of appropriate signals. However, T-Mobile argued that based upon more recent analysis regarding the lack of appropriate signals and we challenged whether or not that was applicable. This is the end of the litigation and the actual approval of the permit for the cell tower to be erected. Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 16-089. Councilmember Hewitt seconded the motion. The motion passed unanimously (7 -0 ). Regular Meeting of the Milton City Council Monday, April 11 , 2016 at 6:00 pm Page 12of14 MAYOR AND COUNCIL REPORTS Councilmember Thurman I was invited to the Istanbul Cultural Center which is located on Highway 9. They asked me to speak about what is going on in the city and they wanted to get more involved. At the end of the event, they presented me with a beautiful hand-painted plate and vase that I accepted on behalf of the city so I would like to present it to the city tonight and hope that we can find a place to put it in the new city hall. Steve Krokoff, Interim City Manager You will notice throughout City Hall that we have posted the Vision , Mission , and Core Values of the city. They are located all over the building; on the walls and on employee desks . We will begin our Strategic Planning Meetings next week. STAFF REPORTS Department Updates 1. Police 2. Public Works 3. Parks and Recreation 4. Community Development 5. Economic Development Steven Krokoff, Police Chief Our IMP ACT program has now gone live. All citizens can now determine who their IMP ACT officer is through the city website. Every inch of the city has been assigned an officer. This is a door to door approach so your officer can handle any non-emergency situations. There are 16 districts and each officer is assigned to a district. Carter Lucas, Assistant City Manager The Mayors of the North Fulton County cities have agreed to move forward with TSPLOST and put it on the ballot for citizens to decide. Staff continues to move forward with the project list to support the TSPLOST referendum. I would appreciate any feedback you would like to give me regarding the project list. The City Hall construction is currently on schedule. Regular Meeting of the Milton City Council Mo nday , April 11 , 2016 at 6 :00 pm Page 13of14 We are working on two issues at the Hopewell Birmingham roundabout. There is a very shallow water line that needs to be relocated . We are also considering a transition regarding the roundabout. We are working through a Trail Construction contract. We issued a bid to build the trails in front of Hopewell Middle and Cogburn Elementary Schools. Our stormwater inventory continues. We have inventoried more than 3300 structures which represents about 38% of our system . This is an ongoing project that should last another 3-4 months. Jim Cregge, Director of Parks and Recreation All the fields at Bell Memorial Park are being completely utilized by both boys and girls sports . Our baseball registration for ages 4-10 is strong but we have lost a lot of our 11-12 years olds but we are confident that program will come back. The Cricket Games were very successful and a lot of fun . We have had several Eagle Scout projects. One young gentleman has built three benches at Providence Park. There has also been an Arbor Swing built at Bell Memorial Park. We will be meeting the Signature Research contractors at Providence Park to review the three bridges and the dock at the lake to consider any improvements that may need to be done. Kathy Field, Director of Community Development The next scheduled meeting for CP AC will be tomorrow evening. The proposals for the updated master plan for the downtown Milto n/Crabapple area are due tomorrow . We are anxious to review those proposals. The next meeting of the stakeholder committee for the way-finding signage has been tentatively scheduled for May. There are two more meetings scheduled regarding the Green Space Bond to determine the list of criteria for potential bond funding. The meetings are scheduled for April 14th and April 27 th. The rezoning request for 745 Ebenezer Road to rezone from AG-1 to CUP will come before you at the April 25 th meeting. We have several text amendments relating to the rural view shed and proposed changes to Chapter 48 that will be reviewed by the Planning Commission on April 27th then will come to you for your consideration on May 2nct . Sarah LaDart, Economic Development Manager I just returned from the South by Southwest conference. It was a fabulous conference and I should have the official report from the conference in the next few weeks. At the last meeting , it was suggested that I put together a task force to create an Art Council. I contacted the Art Council Commission in Louisville, Kentucky , Santa Monica, California, and New Orleans , Louisiana. The New Orleans council suggested that I talk to the Americans for the Arts which is a non-profit with locations in New York and Washington, D.C . that help cities create an Art Council for their city . I hope to create the task force and have our first meeting at the end of next month and hopefully launch the program during Crabapple Fest in the fall. Regular Meeting of the Milton City Council Monday, April 11 , 2016 at 6:00 pm Page 14of14 EXECUTIVE SESSION Motion and Vote: Councilmember Lusk moved to go into Executive Session to discuss personnel at 7:44 p.m. Councilmember Longoria seconded the motion. The motion passed unanimously (7 - 0). RECONVENE Motion and Vote: Councilmember Longoria moved to reconvene the Regular Meeting at 9:04 p.m. Councilmember Mohrig seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent for the vote. ADJOURNMENT (Agenda Item No. 16-090) Motion and Vote: Councilmember Longoria moved to adjourn the Regular Meeting at 9:05 p.m. Councilmember Mohrig seconded the motion. The motion passed unanimously (6-0). Counci lmember Hewitt was absent for the vote. Date Approved: April 25 , 2016 JoeL-Ockw~ STATE OF GEORGIA COUNTY OF FULTON CITY OF MIL TON ) ) ) ) ) AFFIDA YIT 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 Ma yor and the person presiding over a Council meeting of the CITY OF MIL TON , and after being first duly sworn , certifies under oath and states to the best of his knowledge and belief the following: At a Regularly Scheduled City Council Meeting held on April 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. _X_ 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 0 .C.G.A. 50-14-3(b)(2); 3. __ attorney/client privilege in order to consult and meet with legal counsel pertaining to pending or potential litigation, settlement, claims , administrative proceedings or other judicial actions brought or to be brought by or against the agency or any officer or employee or in which the agency or any officer or employee may be directly involved , pursuant to O.C .G .A . 50-14-2(1). 4. other (explanation): I certify that the subject matter of the closed meeting or the closed portion of the meeting was devoted to matters of official business or policy , with the exceptions provided by law as set forth above . SWORN TO AND SUBSCRIBED before me this I Ith day of April , 2016. MAYOR JO ~OOD /hz!zdPJ Notary Public My Commission Expires: