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HomeMy WebLinkAboutMinutes CC - 12/21/2015 - MINS 12 21 15 REG (Migrated from Optiview)I I I Regular Meeting of the Milton City Council Monday , December 21 , 2015 at 6:00 pm Page I of24 This sum mary is provided as a convenience and service to the public, media, and staff It is not the intent to tran scribe proceedings verbatim. Any reproduction of this summary must include this notice . Public co mm ents 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 December 21, 2015 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Pastor Jason Howard, Stonecreek Church, Milton , Georgia CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLLCALL Councilmembers Present: Councilmember Thurman , Councilmember Kunz, Councilmember Lusk , Councilmember Longoria and Councilmember Mohrig. Councilmembers Absent: Counci lmember Hewitt PLEDGE OF ALLEGIANCE (Led by Mayor J oe Lockwood) APPROVAL OF MEETING AGENDA (Agenda Item No. 15-311) Motion and Vote: Councilmember Longoria moved to approve the Meeting Agenda with the following changes: • Add an Executive Session to discuss Personnel before New Business. Counci lmember Mohrig seconded th e motion. The motion passed unanimously (6 -0). Councilmember Hewitt was absent from the meeting . PUBLIC COMMENT Margaret Lootens, 3515 Peacock Road, Milton, Georgia 30004 I am sure all of yo u are getting to know me since I came to my first city council meeting back in December of last year where I came to advise you of a trash problem that I was dealing with in my neighborhood as we ll as my wanting to commend a particular city employee who was doing an outstanding job of assisting me w ith my problem. That emplo yee was Cindy Eade. And, perhaps the Mayor and our City Manager remember that I met w ith them regarding my problems and complimented Regular Meeting of the Milton City Council Monday, December 21 , 2015 at 6 :00 pm Page 2 of24 Cindy's outstanding work to them and she was fired the very next day. I'm just curious why Cindy was fired. She was one of the few people that actually returned my phone calls , emails , and appeared to be extremely competent and passionate about the work she was doing for the community . Unfortunately, I can 't say that about a lot of other staff members at the city. When I spoke about the trash problem back in December, the Mayor let the rest of you on council know that I had spoken with him and the City Manager and I had . The only problem is that they never talked back to me . I have an email dated Friday , November 20 , 2015 from the City Manager letting me know that he was going to look into my problem and get back to me. I 'm still waiting . I'm also waiting for a lot of other responses . Prior to Hurricane Patricia hitting the west coast and we were expecting a lot of rain , I came to City Hall to find out who handles storm water engineering for the city because I had some concerns in my neighborhood. I was given the name of Jim Seeba and tried to contact him. Since the beginning of October, prior to the hurricane , I have called and I go to City Hall once a week to pick up the local newspapers , I've asked for him in person, I have not had a conversation yet with Mr. Seeba. He did call me once at 5:55 pm, five minutes before quitting time , on the Monday before Thanksgiving. He did not leave a message and has not called me back. I really don 't this is appropriate interaction with the public , your citizens and taxpayers. When I compare this with what Cindy was providing, there is no comparison. There seems to be a big sweeping underneath the rug here in the city . I recentl y spoke about the murder that didn 't get reported that was supposedly some type of clerical error. Was there any type of investigation into that? At the Secretary of State 's office , the person that pushed the wrong button was fired . Was anybody here held accountable ? What about the emails from the consultant that were leaked? I haven 't heard anything about that? Are we just going to pretend that didn 't happen as well ? And , I have to question our legal organ newspaper. When they received these , shouldn 't the appropriate thing been to call the police or perhaps the Mayor, City Attorney, or City Manager and tell them they had received these ? They were obviously not intended for public view. It seems to me that the newspaper putting this on the front page of their paper was a rather inappropriate way of handling the situation and I have to question whether their values represent the values that we should have in the city. I would suggest that we find another newspaper to do business with. I think it is unacceptable that they put that on the front page of the paper. Of course , I don 't know. Maybe they did call somebody at City Hall and were told to go ahead and put it on the front page. Without a statement from the city , we are just left to draw our own conclusions about what happened . Again, I urge you to investigate. And , in regards to Mr. Seeba not calling me , I have to wonder if there is a double standard because I am not from here or is it my gender. My neighbor sent an email to Carter Lucas over the weekend about the very same issue that I am concerned about and got an email response and a promise to go look at the problem the very next business day. So , I urge you to take a look at some of these issues . We need to do some housekeeping right here whether we need a change in office procedures or possibly personnel. I think these are issues that need to be looked into . I I I I I I Regular Meeting of the Milton City Council Monday, December 21 , 2015 at 6 :00 pm Page 3 of24 CONSENT AGENDA 1. Approval ofthe November 9 , 2015 Work Session Council Meeting Minutes. (Agenda Item No. 15-312) (Sudie Gordon, City Clerk) 2 . Approval ofthe November 16 , 2015 Regular City Council Meeting Minutes. (Agenda Item No. 15-313) (Sudie Gordon, City Clerk) 3 . Approval of the Financial Statements for the Period Ending November, 2015. (Agenda Item No. 15-314) (Bernadett e Harvill, Fin an ce Manager) 4. Approval of a Professional Services Agreement between the City of Milton and Pond & Company for SR 9 at Bethany Bend Signal Modification Design. (Agenda Item No. 15-315) (C art er Lu cas, Ass istant City Manager) 5. Approval of a Professional Services Agreement between the City of Milton and Brumbelow-Reese and Associates , Inc. for Additional Survey Work for Providence Park. (Agenda Item No. 15-316) (Cart er Lu cas, Assistant C ity Mana ger) 6. App roval for the Execution of a Contract with Extra Mile Auto Tire and Service as an A dditional Vendor for Vehicle Maintenance of the Police Fleet. (Agenda Item No. 15-317) (Stev en Kr okoff, Chief of Poli ce) Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda. Councilmember Thurman seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting. REPORTS AND PRESENTATIONS 1. Proclamation R ecognizing Principal Nancy J . Murphy 's Contribution to the Citizens of Milton . FIRST PRESENTATION 1. Consideration of an Ordinance to Amend Chapter 4 , Alcoholic Beverages, to Provide for Sales of Wine and/or B eer by the Package by Licensed Retail Consumption Dealers. (Agenda Item No. 15-318) (Stacey Ing lis, As sistant C ity Mana ger) Motion and Vote: Councilmember Kunz moved to approve the First Presentation Item. Councilmember Thurman seconded the motion. The motion passed unanimously (6 -0 ). Councilmember Hewitt was absent from the meeting. Regular Meeting of the Milton City Council Monday, December 2 1, 20 15 at 6 :00 pm Page 4 of24 PUBLIC HEARING (No ne) ZONING Zoning is transcribed verbatim 1. Consideration ofRZ15-25 -13201 Deerfield Parkway by Inwood Holdings , LLC to Rezone from T-5 Limited to A (Medium Density) Apartments for the Existing 356 Unit Apartment Development (North Park Apartments). ORDINANCE NO. 15-12-264 (Agenda Item No. 15-305) (Fir s t Pr esentation at December 7, 2015 City Co un cil Mee tin g) (Kathleen Fi eld, Co mmunity Developm ent Dir ect or) Councilmember Thurman Mayor, before we begin , I am going to need to recuse myself from this agenda item due to a possible business conflict. Kathleen Field, Community Development Director Thank you , Mr. Mayor. This is an aerial showing the site under consideration outlined in red . The subject site contains 25.57 acres and is developed with a multi-family apartment development consisting of 356 units. The applicant , Inwood Holdings , LLC is requesting a change from the current T -5 (Limited) designation to A (Medium Density Apartments). As stated in the Letter of Intent , the application does not seek to change any of the uses or improvements to the property , but to address issues of the property 's legal non-conforming use to allow the sale of the property. The applicant has also stated that the property will not be redeveloped under the proposed A (Medium Density Apartments) but any redevelopment would comply with the T5 Limited classification. The subject site was originally zoned Medium Density Apartments. The City of Milton adopted the Deerfield Form Based Code and associated regulating plan in April 2013. Under the Form Based Code, the subject site was designated as T-5 (Limited). Under this designation , multi-family residential developments are required to be developed with other uses such as retail or office. Based on the current zoning of T-5 (Limited) it was determined by the City Attorney that if more than 60% of each structure is destroyed , it could not be re-built to the current configuration. Thus , the applicant's request back to the A (Medium Density Apartments) is requested to meet the lender 's requirement to service the loan. Based on the facts as the multi-family development currently exists , staff recommends Approval Conditional of RZ15-25 . The Planning Commission reviewed this application at its meeting on November 18 , 2015 , and they unanimously approved it conditionally. The Recommended Conditions for this application are as follows : I I I I I I Regular Meeting of the Milton City Council Monday, December 21 , 2015 at 6 :00pm Page 5 of24 To the owner's agreement to restrict the use of the subject property as follows: • The existing 356 unit mu lti-family dwe ll ings and accessory uses and structures at a maximum density of 13 .92 units per acre . To the owner 's agreement to the following site development considerations : • To the site p lan received by the Community Devel opment Department on September 30, 20 15. • If the subject site is re -deve loped in the future , it shall be developed with the T-5 Limited (Deerfield Form Based Code) zoning standards . And , that essentially is my presentation, Mr. Mayor and I will be happy to answer any questions and the applicant 's lawyer is also in the audience to answer questions as well. Ma y or Lockw ood Are there any questions for Kathy right now ? Councilmember Longoria Kathy , I j ust want to confirm that this is a technical situation and we are basically aiding the owner of the property to either refinance or comp ly with the financing restrictions that he has in place. So , this is not really any type of material change . It is j ust something that allows them to complete a process. Kathy Field That is co rrect, sir. Councilmember Longoria And , if something were to happen to the property and there was gomg to be some type of re deve lopment, everything would flip back to the T5 ? Kath y Field Correct. Ma y or Lockwood And , from what I understand , this basically , you know , it's grandfathered as it is , it was approved when it was bui lt , if someth ing were to happen , a fire or whatever, obvious ly their insurance company and the finance company would want to rebuild it as is or bring it back to where it was, so , as you sai d, a technicali ty . Okay , if there are no more questio ns from staff, we will open it up for those in favor. Carl Westmoreland , 3343 Peachtree Road , Suite 1600 , Atlanta , Georgia 30326 Thank yo u Mr. Mayor. Mrs. Field has done a good job explaining this. I want to be respectful of your time . Part along wi thin what is a lso here if you 've got questions, but as she said, and you clarified with the quest ions , this is really just a technicality to address the non -conforming status to allow sale , and in o bjection of additional funds to improve the property. So , nothing is going to be done differently . I think most importantly, is the condition, say , if it is redeveloped , it will be re developed und er the Regular Meeting of the Milton City Council Monday , December 21 , 2015 at 6:00 pm Page 6 of24 existing City of Milton category. So , we are not allowing anymore units. We are not allowing the units I to be rebuilt. It really just addresses the non-conformity. And , with that we will be glad to answer questions but would appreciate your consideration. Mayor Lockwood Okay , are there any questions for Mr. Westmoreland? Do we have any speakers in support? In opposition? Okay , I will close the hearing. If there are any more questions or council discussion , I will open that up. If not , I will open it up for a motion. Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 15-305. Councilmember Longoria seconded the motion. The motion passed unanimously (5-0). Councilmember Thurman recused herself from the vote due to possible business conflict. Councilmember Hewitt was absent from the meeting. 2. Consideration ofRZlS-26 -To Create a New Use Permit for Alternative Housing for Seniors I in AG-1 and Single Family Residential Districts. ORDINANCE NO. 15-12-265 (Agenda Item No. 15-306) (Fir s t Pr esentation at Decemb er 7, 2015 City Co un cil Mee tin g) (Kathl ee n Fi eld, Co mmunity Developm ent Direc tor) Kathleen Field, Community Development Director Thank you , Mr. Mayor. As the City Clerk said , we did discuss this last week at our council work session on December 7th , and at that time , there were several comments and requests for modifications to the proposed draft that is before you. So , staff did revise the draft and you should have it in front of you this evening. The date on the bottom is 12-17-15 . And , what we did , let me go over with you the changes and the highlights , the points that I would like to make. Under (a) under Required Districts , we did include several districts that you see there AG-1 , R-1 , R-2, R-2A , R-3 , R-3A , CUP , T -2, T-3 , T-4. And , that really is a conglomeration of not only just one acre zoning districts , but there is also a two acre zoning district in there and then there are some 18 ,000 square foot zoning districts in terms of single family density. The reason we use this list is because this is the same list that we used for the group home for children that is currently on the books. So , we felt the precedence was there for that and certainly we can modify this list but that was the starting point with that. In terms of standards, and we did discuss this last week , that we are limiting it to persons 55 years of age and above. And, I think our City Attorney explained to us that is the HUD definition and is perfectly appropriate to use. Number (2) under standards , we have said as follows: "The owner of the subject property may reside on site." I I know there was discussion last week about whether it should be "shall" or "may " and we felt that we heard "may" so I wanted to bring that to your attention to make sure you are indeed comfortable with that. Number (3) states that, "The home shall be approved and licen sed by the State of Georgia or any agency through which it acts , including number of residents but not to exceed eight." As you remember , I I I Regular Meeting of the Milton City Council Monda y, December 2 1, 2015 at 6:00 pm Page 7 of24 we had the discussion last week about how many shall be allowed. We had suggested six and that six actually came from the fact that from the communities that we surveyed , most of them required six or less . We did check with the state to see what the requirement with the state was , and I will read that to you. We are proposing that it be limited to eight but it could be more and let me read you what the state says in regard to this and the state really looks to the size of the structure so you could, in essence, end up with more than eight. So , let me just read this to you if I may . "The number of residents you can have in your home is dependent on several factors. The home must provide a bathroom for every four residents and a tub shower for every eight residents. The home must provide a living room, dining area, kitchen , and bedroom for all residents and any staff and family members who live in the home. The number of residents you can accommodate in each bedroom, up to a maximum of four residents, is based on the size of the bedroom. At least eighty square feet of useable floor space per resident; closet and bathroom space is not included in the square footage requirement. The home must also have a fire inspection and this inspection can also determine how many residents you can have . Local requirements may also restrict the number of residents ." So , the state essentially uses a square footage for a structure , depending on the size of the structure . What we said in our standards, we said that we use the state req uirements but limit it to eight. So , again , that is certainly open for consideration. Those essentially were the changes that we made to the draft from last week 's draft that you saw . And , I am certainly available to answer any questions , Mr. Mayor. Ma y or Lockwood I would like to add , so , basically , when you are talking about the numbers that the state will allow, it is based on each individual situation. There is not necessarily a maximum; it just depends on the structure. Kath y F ield Yes , that is correct. Councilm e mb e r Kunz Who enforces that number? Does the city go there or does the state do that with their inspections? Kath y Fi eld That would be a function of the state licensing authority . Unless , from a zoning point of view with a use permit, if we had a number in there that we tied it to , we would certainly , from a code enforcement point of view, enforce that as well. Coun cilm e mb e r Thurman There have been several news stories lately about some So uth Fu lton group homes whe re the re has been some abuse taken place where a group owned four or five of the homes . What do we do to make sure that doesn't happen if we don 't require the owner to reside in the home themselves? Kath y F ie ld Again , I think that goes back to the state licensing authority and maybe our City Attorney can also weigh in on it too. Regular Meeting of the Milton City Council Monday, December 21 , 2015 at 6:00 pm Page 8 of24 Councilmember Thurman I just don 't want us to be in the news because somebody has four or five other gro up homes here in Milton and abuse is going on. Councilmember Longoria Karen , I am a little confused about your question. I think it is a good question , number one , but what does the owner of the residence being on the property have to do with whether or not abuse takes place. Because , I think that could happen with him on or off. Councilmember Thurman Well , it coul d happen but in this situation that has been making the news it is an owner having four or five group homes and really running them as a business rather than what we intend for them to be wh ich is really an alternative living arrangement for seniors . But, I think , sometimes when somebody is living there , they are more likely to take a little more personal care of the property and the residents than if they have four or five of them and the y are running it as a business. Mayor Lockwood I can certainly agree with Karen 's point but more to Joe 's point, unfortunately , cases happen whether they are known or not. Sometim es at a daycare , the owner is on site all the time and something happens . Obviously , that is an unfortunate situation so we would hope that whether an owner is there or not , if there was anything we could report and have the state back up . Councilmember Longoria Further to Karen 's question , the idea of oversight, the idea of licensing, those things are done at a state level and the city , other than allowing the use , doesn 't really get involved in any of the management or oversight of that type of business. Kathy Field That 's correct. If you limit it to a certain number of residents , we co uld certainly check on that because that would be a condition of the use permit. Mayor Lockwood I woul d like to address the number of residents . While I certainly don 't want this to become a big business or something like that , I have an issue with specifically across the board limiting the number . I lik e the idea based on the structure , the amount of property, etc . as the state does it. Again , I see this as not only a good avenue for folks to have a different option rather than going into an assisted li ving home and being able to have a home-like atmosphere . But, say it is a larger property or larger structure , it might financially feasibly need to be more than eight people or whatever as long as it fits the requirements for the state and if it is a big piece of property , you know , it can blend in just like a special events facility like Little River Farms or whatever. This might be anot her option to keep some land and another use rather than a future subdivision. Again , that is my perspective is that I would certainly want I I it to be within the state regulations and guidelines with the number of residents but as a special use I permit where we wo uld look at it on a case-by-case depending on the property and obviously the structure wou ld have to meet what the requirements are . Councilmember Mohrig And , to Joe 's point, we wou ld be reviewing these one by one just like we do with any special use permit. I I I Regular Meeting of the Milton City Council Monday, December 21 , 2015 at 6:00 pm Page 9 of24 Kathy Field That is correct. Councilmember M ohri g So , we can look and say no , for example , because we think it should be based on "X" number of people, the size of the structure , the lot or whatever and that would be part of the review process. Kath y Field That is my understanding, yes. Councilmember L usk On that same point, is the occupancy limitation the only exception to the state requirements. Ka th y Field The way we have structured it is that it really follows the state requirements and the only overlay, so to speak , over that would be if you wanted to or not , you could put a restriction on how many clients could reside there. M ay or Lockw ood I think to a lot of folks would typically be very conservative on zoning issues or whatever and worried about noise , crowds , and traffic but in a facility like this , typically , there will be a whole lot less cars and traffic and noise than a regular family home because the majority of the residents aren't going to be driving so there won't be cars . Councilmemb e r Lu sk I think the size of the parcel should really be taken into consideration maybe in a special use permit or an exception. Maybe it is the same analogy that we use to one horse per acre. Kathy Fi eld And , I do have to make a correction that from a zoning perspective , we would be looking at parking requirements . We would be setting those and we do have in here a requirement for distance so that is on the zoning side of the regulatory side as opposed to the state licensing side . M ay or Lockw ood So , we would make sure that parking is adequate. Ka th y F ield That would be part of the conditions for the use permit. That is correct. Councilmemb e r Lon g ori a So, with normal special use permits , once they are granted they are basically permanent. There is a situation that we should consider here where the licensing of the facility for this specific use could be taken away based on unforeseen issues. Is there any concept that we could lend to making the use permit coincide with the ability for the property to be licensed by the state ? I would hate to be out of whack on that. I know that it doesn 't necessarily mean that just because the use permit is available if it can 't be operated based on the state issues then it can 't be operated that way but something doesn't seem congruous with that concept. Re g ular Meeting of the Milton Cit y Council Monday , December 2 1, 2015 at 6:00 pm Page 10 of24 Ma y or Lockwood Can you tie in th e u se permit with the ac tu al owner of the property? An d , a lso , o bviously if they were not living up to the state 's regulations then there would be a chance to revoke the permit. Would that be an opt ion? City Manager Lagerbloom I think the use permit will travel with the land . So , if you have the use and you all ow the use to exist and it becomes not legal , then a different person or different entity legally performing those services co ul d continue to do so because that use would travel with the land . But , I don 't think it reverts back to ag ric ul tura l land . Councilmember Longoria So , once provided it is just goin g to stay there . City Manager Lagerbloom Correct. Kathy Field But , the caveat woul d be , of course, t hat they wou ld get a li cense from th e state . Councilmember Longoria Right , and this is going to be true no matter what. Okay . Ma y or Lockw ood But, is your concern .... Councilmember Longoria I was more or less thinking o ut lo ud so I am okay with the way it is. May or Lockwood Anybody else? Councilmemb e r Thurman I agree with you, thou gh , that if it is a large piece of land with a lot of acreage around it , I don 't see why we wou ld want to limit it to just eight. May or Lockwood If there were ten acres and had ten or twelve peop le then that is a who le lot better than ten new homes , I think , so it works for the community. Councilmember Longoria So , are we go ing to put language it to allow it to be flexib le? City Manager Lagerbloom I think on num ber three it shoul d read , "Th e home shall be approved and licensed b y the State of Georgia or any agency thro u gh w hic h it acts." an d get ri d of everything after th e period an d th at wo u ld accom pli sh that. I I I I I I Regular Meeting of the Milton City Council Monday, December 21 , 2015 at 6:00 pm Page II of24 Mayor Lockwood Does that make sense to everybody? Councilmember Thurman And , we could still limit it if we felt like it needed to be tied to a use permit. Councilmember Mohrig So, the use permit would be specific for that facility , the number of guests would be part of that review process. Mayor Lockwood The plan, the structure, everything ... Kathy Field Parking, all that stuff. City Manager Lagerbloom The only question I still have is the council good with it stating that the owner of the property may reside on site or do you think the "may " should be a "shall?" Councilmember Longoria I'm okay with "may ." Mayor Lockwood I'm fine with "may." Councilmember Lusk I think ifthat is an issue related to the comment that Karen brought up , possibly if you get up to a certain number of people, you are going to have a caretaker there of some sort I would imagine. I think would probably address Karen 's issue . Mayor Lockwood I would also hope that the community polices itself too with folks who have done a resident families and employees as well as if there is something going on. Karen has a very valid point but I don 't know if whether the owner lived there or not , you could have a bad owner living there and you could probably have the same issue. Councilmember Mohrig Again , we are not looking at assisted living; this is independent living senior housing as we defined it at the last work session. Councilmember Thurman I have a question for the City Attorney. When we issue a use permit, is it possible to condition it to a certain owner or can you only have a use permit; does it always have to travel with the land? Regular Meeting of the Milton City Council Monday, December 21 , 2015 at 6 :00 pm Page 12 of24 City Attorney Jarrard The standard answer I give to that is that the conditional use permit travels with the land and you can 't condition it to a certain ... Councilmember Thurman What I was trying to do is to try to keep one person from owning a whole bunch of them and it becomes a commercial business. City Attorney Jarrard I think the one way you would have that is I think that , perhaps , when you receive the application on a case by case basis that would be another point of discussion by the council with respect to the number of houses owned by that individual but , of course , they could own other houses outside of the city . Right now , the language in the version that I received has "may " but that is just a policy issue ; "may" versus "shall." You are debating this evening the merits of each word. I am not aware of the ability to condition so that it prevents any other user from coming along and taking advantage of the situation. Mayor Lockwood Is there a way legally if a property was sold and the new owner had to come before us for approval like we do now when a restaurant sells and the new owner has to come before us to renew an alcohol license? Councilmember Thurman That is exactly what I was thinking of. City Attorney Jarrard That is what Councilmember Thurman was getting to but I am not aware of a way to structure that because this is not a license issue this is a cup issue . So the control over that particular facet of this is going to rest with the state . They would presumably look and license each successive operator on that property. But not you because you are dealing primarily land use . Councilmember Longoria The multi-tenant aspect piece of a property is something granted by right by the property , no one needs to be granted special permission to rent his property to someone else , correct? If the property has two residents , two leases are executed against the same property) is that something we cover under our ordinances today that would prevent this? In other words , we are covering one aspect of how this use would be engaged for a particular property , is there other ways into this that we are not thinking of that we need to protect the operation on the property? City Manager Lagerbloom We could look through that. I cannot remember the specific sight so I don 't want to cite code but there is a portion in our code that limits the number of non-related people that can live in the same structure. I would have to go find that for you . Councilmember Longoria We do not have to tie that to this . I was just thinking there was some additional homework that we may need to do there . I I I I I I Regular Meeting of the Milton City Council Monday, December 21 , 2015 at 6 :00pm Page 13 of24 Mayor Lockwood But the point to some of these concerns is that this is not a blanket approval moving forward. They would come before us on an individual basis. The council then could address concerns they feel are warranted to that specific property, correct? Councilmember Thurman I wo uld like the City Attorney to look into w h at kind of conditions we might be able to place on the property to try to avoid some of these issues when a use permit is granted. City Attorney Jarrard Councilmem ber Thurman , could you capture again what is the primary concern that you have? Councilmember Thurman That it becomes more of a commercial business type thing where you have one person owning four or five of them and it becomes a business rather than what we intend it to be which is an alternative li ving arrangement for a small group of seniors . City Attorney Jarrard Understood . Motion and Vote: Counci lmember Longoria moved to approve Agenda Item No. 15-306 with the following change to section Standards (b)(3) which will now read: b) Standards 3. The home shall be approved and licensed by the State of Georgia or any agency through which it acts. Councilmember Kunz seconded the motion. The motion passed unanimously (6 -0). Councilmember Hewitt was absent from the meeting. 3. Consideration ofRZ15-27 -To amend the Signs , Article XVI of the Zoning Ordinance (C hapter 64). ORDINANCE NO. 15-12-266 (Agenda Item No. 15-307) (Fir s t Pr esentation at December 7, 2015 City Co un cil Mee tin g) (Kathlee n Fi eld, Community Developm ent Director) Kathleen Field, Community Development Director On June 18 ,2015 the United States Supreme Court issued their opinion on R eed v . Town of Gilbert, Arizona. In a nutshell , the decision appears to be taking the position by the court that any distinctions in the sign code that offer favorable treatment or less favorable treatment based on the message of the sign may constitute a constitutional infirmity. Based on this conclusion from the court, the attached text amendment corrects these infirmities in the current sign code . The amendments indicated in red Regular Meeting of the Milton City Council Monday, December 21 , 2015 at 6 :00 pm Page 14 of24 represent the necessary changes to the City 's sign ordinance necessary to be consistent with the Supreme I Court 's ruling . In addition , Staff has included some minor changes that are highlighted in yellow. Most ofthese changes are cleaning up language except for one change which appears on page four under Definitions - Window sign. We have deleted the portion of the definition that included any signage within five feet of the interior of the window and stated that any signage visible from inside the structure and is reasonably discemable from the closest public or private road exterior of the structure is considered a window sign . This is to obviate the issue we had with the Children 's Learning Center in terms of that bright sign that you could see through the window. This will correct that from happening in the future. I am open to any questions. Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 15-307. Councilmember Mohrig seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting. End of verbatim transcription UNFINISHED BUSINESS (No ne) The following Executive Session was added by Motion and Vote under Approval of Meeting Agenda. 11) EXECUTIVE SESSION Motion and Vote: Councilmember Longoria moved to go into Executive Session to discuss personnel at 6:56 p.m. Councilmember Thurman seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting. 12) RECONVENE Motion and Vote: Councilmember Longoria moved to reconvene the Regular Meeting at 7:18 p.m . Councilmember Mohrig seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting. 13) NEW BUSINESS I The following Agenda Items No. 15-319 and 15-320 were moved by Motion and Vote to after I Reports and Presentations. I I I Regular Meeting of the Milton City Council Monday, December 21 , 2015 at 6 :00pm Page 15 of24 1. Consideration of a Resolution Appointing A Member to the City of Milton Comprehensive Plan Advisory Committee from District 3/Post 1 and Appointing an Elected Official to CPA C. RESOLUTION NO. 15-12-356 (Agenda Item No. 15-319) (Mayo r Joe Lockw oo d) Councilmember Longoria I am nominating Steve Smith for membership on the CP AC . I think a lot of you all know Steve Smith, he has been around for a while. He is a resident of Crooked Creek and has been for over 15 years. He is a real estate professional. Has been working in real estate business for some time and has a certain amount of knowledge and understanding of the subject matter at hand. He worked with me on the Crooked Creek Homeowner's Association for about five years so I can speak to his levelheadedness and his ability to help drive agendas such as CPAC is going to deal with. Motion and Vote: Councilmember Longoria moved to appoint Steve Smith for District 3/Post 1. Councilmember Lusk seconded the motion. The motion passed unanimousl y (6-0). Councilmember Hewitt was absent from the meeting. Mayor Lockwood We need to appoint an elected official to CPAC and I would like to nominate Councilmember Thurman to represent us on the board of CP AC. Motion and Vote: Councilmember Longoria moved to appoint Councilmember Karen Thurman as the Elected Official to CPA C. Councilmember Lusk seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting . 2. Consideration of a Resolution Appointing or Reappointing Members to Milton Grows Green for the City of Milton. (Agenda Item No. 15-320) (Mayor Joe Lockw ooctJ Mayor Lockwood Before us is the slate for the officers with Chairman Jack Linden, Vice Chairman Margaret Lamb and Chair Emeritus Jon McPhail. City Manager Lagerbloom According to Milton Grows Green bylaws there is a requirement in the fourth quarter of the calendar year that MGG take a vote and appoint within their organization members to serve in certain roles and those are transmitted to the Council for their consideration and ratification. MGG met last Thursday and these nominations were made. This is the slate of officers that MGG recommends. Councilmember Longoria First, I value very highly the work that MGG does for the city however; they seem to be unique when it comes to committees for the city. In other words I cannot think of another committee where we have to adopt a resolution in terms of the Board of Appointees . We individually nominate people to be and serve on committees and I know this was done before I joined the council so maybe you could help me Regular Meeting of the Milton City Council Monday , December 21 , 2015 at 6:00 pm Page 16 of24 understand this better and why we do this. I voted on this before but I could not tell anyone why we do I it this way in regards to MGG. City Manager Lagerbloom I can tell you the committee was formed in 2008 by resolution and then amended in 2014 by a different resolution that adopted the current bylaws. This was a structure that was recommended by the Board itself. There are three positions which are before you tonight , as well as , four subcommittee positions so there are a total of seven positions , but you will only see the subcommittee every other year. This was a recommendation from the committee. Yes , it is different from most of the committees we have. Typically for committees each councilmember appoints somebody either by district or at large. Councilmember Longoria Was there something about the subject matter they were dealing with or the recommendations that they make to the city that made this more unique ? City Manager Lagerbloom It is more of a niche field. Councilmember Longoria I realized the structure was in place but did not understand how it came to be that way . Mayor Lockwood We could certainly look at that structure too if the council wanted to do so. Councilmember Longoria It is not that I thought it was broken, just needed clarity. It just seemed weird we get to this time of year and we are making resolutions for MGG but not for other committees. City Manager Lagerbloom It is a unique one that causes there to be a resolution brought forward every year for the council to consider. If you would like to change that or move away from that you certa~nly have the authority to do so. Mayor Lockwood I would like to look at it. If we were to defer this and look at that would MGG be able to continue on? What would happen if we did not approve this tonight? City Manager Lagerbloom If you do not approve this tonight then it would just continue as is currently structured with the current officers and positions/roles they serve in today. Councilmember Thurman Until a change is made it will continue as is? City Attorney Jarrard Correct. I I I I I Regular Meeting of the Milton Cit y Council Monday, December 21 , 2015 at 6:00 pm Pa ge 17 of24 Councilm e mb e r K unz Chris , can you go over the list of services MGG provides for the city? C ity M anage r Lage rblo om I will refer to their bylaws. I can tell you the purpose of the committee shall be to raise awareness and to influence environmental choices and ways to improve the health and quality of life for residents of Milton. To identify policies and practices that promote sustainable development, protect natural resources and preserve Milton 's rural character. To foster initiatives and incentives that encourages sustainability within the city government and among its residents and businesses . To execute environmental initiatives such as but not limited to the Earth Day Festival , Evergreen School Program, Adopt-A-Road , Adopt-A-Stream , Litter Collection , Water Quality Monitoring, Bulky Trash and Recycling Event, Household Paints and Chemical Collection, Natural Wildlife Federation Habitat Community, Certification Project, Rivers Alive Cleanup Program and the Atlanta Regional Commission Green Communities Program . To encourage stable development that preserves green space and natural vista and collaborations with other local and environmental entities . To identify possible certifications and or designations for the city to pursue in order to advance its commitment toward sound environmental practices as well as to develop creative strategies to bring diverse expertise and interests groups together to provide solutions to Milton's environmental challenges . Councilme mb e r K un z In your opinion, do you think they have done what we have asked them to do according to those bylaws ? City M ana ge r L age rbloo m Well you are asking for an opinion and that is always difficult because mine may not be what others would be. I look to the projects that I listed (Earth Day Festival , etc.) as really the bulk of what MGG does and I appreciate those things . Councilm e mb e r L usk I agree with that and feel they have done a fantastic job. I appreciate all the volunteers on all the committees. M ayo r L oc kwoo d I would like to look at the structure so if I do not approve this motion it is only because of that not a reflection on the board or the group. Councilm e mb er T hurm an If we are going to look at the structure , I don 't know why we have to rush to approve this. Is there anything they are currently doing for us that they will not be able to continue to do under the current officers? City M ana ge r Lage rblo om I do not believe so . The group can speak for themselves. pt M otion and Vot e : Councilmember Kunz moved to approve Agenda Item No. 15-320 . Councilmember Lusk seconded the motion . The motion was denied (2-4 ). Mayor Lockwood , Councilmember Thurman , Councilmember Mohrig, and Councilmember Longoria were in opposition . Councilmember Hewitt was absent from the meeting . Regular Meeting of the Milton City Council Monday, December 21 , 2015 at 6:00 pm Page 18 of24 2"d Motion and Vote: Councilmember Thurman moved to defer Agenda Item No. 15-320 until the January 20 , 2016 Regularly Scheduled Council Meeting in order to look at the structure of MGG. Councilmember Longoria seconded the motion. Councilmember Thurman withdrew the motion to defer. Councilmember Longoria withdrew the second motion to defer. Councilmember Hewitt was absent from the meeting. Mayor Lockwood Point of order, I see that Jack Lindon has raised his hand to speak. I am certainly willing if council and city attorney would allow that or if protocol allows that. City Attorney Jarrard This is not an announced public hearing so there is no procedural precedent to do that. It is up to the council to make a motion to allow an individual to speak off the floor you all have the right. My recommendation is against that. Councilmember Longoria My history on this council has seen plenty of examples of citizens talking when they want to talk. We hardly every stifle anyone. I would have a hard time saying we can 't let someone speak. Mayor Lockwood I think what you are saying Ken is that it is not our typical ... City Attorney Jarrard I think what I said Mr. Mayor is that the council has the right to do that but I am suggesting simply allowing someone to come off the floor and speak and in previous work session this has occurred and the council took exception to it. 3rd Motion and Vote: Councilmember Longoria moved to accept Public Comment from Jack Lindon . Councilmember Lusk seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting. Jack Lindon, 14810 East Bluff Road, Milton, Georgia 30004 To Joe 's question about why this is a different type of organization . We started out as a volunteer organization and we still are a volunteer organization . We have grown to the point where there is no way seven members appointed by each member of council could possibly accomp li sh what we do . So I think it needs to stay that way . The other point I would make is the three officers you are voting on this evening are two do not currently exist. We do not have a vice chairman because they were made the sustainability coordinator for the city . The chairman emeritus was not able to serve last year and has now stepped forward to serve. If you vote on this you will get those three officers in place. My understanding of the bylaw is that we can only begin to serve as those officers of January 1 if there is a vote of the council to approve that. I I 41h Motion and Vote: Councilmember Longoria moved to defer Agenda Item No . 15-320 until the I January 20 , 2016 Regularly Scheduled Council Meeting. Councilmember Thurman seconded the motion. The motion passed (4-2). Councilmember Lusk and Councilmember Kunz were in opposition. Councilmember Hewitt was absent from the meeting. I I I Regular Meeting of the Milton City Council Monday, December 21 , 2 015 at 6 :00pm Page 19 of 24 3. Consideration of a Wai ver of Conflict Regarding Jarrard & Davis , LLP 's Relationship with Pond & Company in Relation to the Representation of the City of Milton in Connection with Pond & Company for Prov isions of a Signal Modification Design for SR 9 at Bethany Bend . (Agenda Item No. 15-321) (Ken J arrard, City Att orn ey) City Att o rn ey Ja rr ard With respect to the work on the contract related to the signal modification design for SR 9 at Bethany Bend and Milton on the other side of the contract with Pond & Company , although our relationship with Pond is not attorne y/client relationship we still have a relationship w ith them and with respect to that where Pond is on the other side of a contract, I respectfull y ask that you waive any potential or perceived conflict. M oti on and Vo te : Councilmember Kunz moved to appro v e Agenda Item No . 15 -321. Councilmember Thurman seconded the motion. The motion passed unanimousl y (6-0). Councilmember Hewitt was absent from the meeting . 4. Consideration of the followin g Subdi v ision Plats . Name of D evelopment Action Comments Rivers E dge Subdivision Final Plat Create lots 23 lots Blue Valley Subdi v ision Phase liB Final Plat Create 22 lots Dav id & Stacy Jackson Property Minor Subdivision Create 2 lot s Plat North Valley Minor Subdi v ision Re-plat of 2 lots , unit 2 Pl at Oakmont at Crabapple Final Subdi vi sion Create 33 lots Pl at Susan J . Wheatley Minor Subdivision Create 3 lots Plat Sixto Omar Martinez Rivera & Jose Minor Subdiv ision Create 2 lots Gabriel Montalva Alvarez Plat Cambridge E states Minor Subdi v ision Create 3 lots Plat Manorview Phase 3 Final Plat Create 27 lots Parkside at Silos Final Subdi vision Create 14 lots Pl at Colins Hill Farm Minor Subdi v is ion Create 3 lots Plat (Agenda Item No. 15-322) (Kathleen Field, Co mm un ity Dev elopm ent Dir ector) Regular Meeting of the Milton City Council Monday, December 21 , 2015 at 6 :00 pm Page 20 of24 Kathleen Field, Community Development Director In the past we have included the consideration for approval ofthese plats as part of the Consent Agenda and we thought that we would do a better job of informing you by providing you with a list that are numbered , including the address as well as the number of lots for each of the subdivisions. The numbers are keyed to a map which you should have as well. The map shows you where essentially the subdivisions are located . It is our intent to periodically as these subdivision plats move forward to present these to you in this format. Councilmember Longoria I like it. It brings important information forward and our attention to it. Councilmember Lusk Could you tell me the acreage in these different lots , especiall y the ones with more than 20 lots? Kathleen Field This spreadsheet does not include acreage but I do think we should include that in the future. I will send you this listing with the number of lots including the acreage after this meeting and going forward. Councilmember Lusk Can you make a guesstimate on the Rivers Edge Subdivision? On this map it looks quite a bit larger than all of the others combined. Kathleen Field I really could not because of the topography and the site constraints . Obviously it is at least 23 acres. Mayor Lockwood It looks like the majority is probably in an AG-1 area except number five so; it is obviously going to be one acre plus lots; that is safe to say? Kathleen Field Yes , absolutely. Councilmember Thurman I noticed on the information that was passed out right before the meeting that a couple differ slightly than what was actually in our packet. When a motion is made , how do we go about doing that if the information is different? In number six it says create two lots but on packet it says three. On number nine , Manor View, it says 27 lots in our packet and 26 lots here. I want to be consistent with whatever motion is made. Kathleen Field When I talked to our staff member today , he did bring that to my attention. Whatever is the larger number is what we should go with and approve . Manor View should read 27 lots as opposed to 26. Mayor Lockwood Base this on the packet and not was handed out ? I I I I I I Regular Meeting of the Milton City Council Monday, December 21 , 2 015 at 6 :00 pm Page 2 1 of24 Kathleen Field Yes . City Manager Lagerbloom If you would like to see this agenda item brought back on January 4 th with all the information and answers , we can do that? Councilmember Thurman I would also like to include with the acreage the density as well. Motion and Vote: Councilmember Longoria mov ed to defer Agenda Item No. 15-322 to the January 4 , 2016 Regularly Scheduled Council Meeting. Councilmember Mohrig seconded the motion. The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting. 5. Consideration of a Resolution of the Milton City Council Consenting to the Expansion of North Fulton Community Improvement District. RESOLUTION NO. 15-12-358 (Agenda Item No. 15-323) (C hris La gerbloom, City Ma nager) City Manager Lagerbloom This is a resolution that the CID has asked to bring forward. It is important to highlight on the frontend of this , adopting this resolution is not impacting Milton. The CID is seeking to expand in areas outside of Milton but because we have properties that are inside the CID we have to consent to that expansion. The expansion of the CID into areas of Roswell and Alpharetta is what is being contemplated by adopting this resolution. It is required we consider it and I ask you to approve it. It does not impact any properties in Milton. This is just a formality at best. Councilmember Lusk I would like to compliment Ann Hanlon on her work with this . It looks like she has brought in a tremendous amount of land with this and I only re gret that Milton was not part of that. City Manager Lagerbloom I agree. I wish I was sitting here say ing this impacted Milton. Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 15-323. Councilmember Thurman seconded the motion. The motion passed unanimousl y (6-0). Councilmember Hewitt was absent from the meeting. 6. Consideration of the City of Milton 's Strateg ic Plan 2016-2020 . (Agenda Item No. 15-324) (C hris Lagerbloom, City Man ager) City Manager Lagerbloom This is the strategic plan brought back for your consideration. We had this on the work session agenda, December 14 , 2015 and we prov ided you with paper copies of where we were with the strategic plan. Regular Meeting of the Milton City Council Monday, December 21 , 2015 at 6 :00 pm Page 22 of24 We took away from that meeting the word "reinvent" as opposed to "reestablish" from the Historic I Preservation Commission. I hope you have had time to look through it and digest the strategic plan that is focused on areas of economic development, parks and recreation enrichment, strategic efficient and engaged government , preserve what makes Milton unique and build community connections. We have tried to show both visually and with texts those things that are initiatives that work towards those goals. We are also showing what year we are planning these items will occur in the future . This is a five year plan. Its foundation was built in the time that we were together at the Council Retreat at the YMCA with Staffs participation as well. Are there any questions , feedback or direction and I will seek your support of approving this Strategic Plan that will go into effect January 1, 2016 . Councilmember Lusk I have tried to go through this in detail but I think there is an overriding approach or concept that we need to take and I think it is in the Communication area . Chris , if you could point out any of the specifics as far as communication initiatives , I would appreciate it. City Manager Lagerbloom I will look to our staff who are in the room to help me with this . Many ofthese are grounded in the plan such as on page 11 which states the initiative to establish a 311 system for the creation of simple one- touch customer service system . That is an example of an item that would be regarding communications. Is there something specific that you are looking for ; something that we didn 't include or that we should ? Councilmember Lusk Well , more from the standpoint of getting information out on any initiatives that we are trying to pursue and speak to the CSO issue that has been on the forefront here for months on end. I believe that it is the city 's responsibility to take the initiative to address any inaccuracies , misstatements , prevarications relating to an issue like the CSO or any other initiative that we are proposing. Unfortunately , with our social media as it has developed in the last several years, people put stuff out on social media that is inaccurate . They have a tendency to twist facts. Everyone is entitled to their own opinion but they are not entitled to their own facts. I think it is the city 's responsibility to present a factual basis on anything we put out there. I would encourage us to possibly set something up like "Milton's Fact Checks " or something along that line that might address this issue. City Manager Lagerbloom That is good feedback. We live in a very fast paced world where information moves faster than we can catch it sometimes. The world of social media will be with us for a long time and unfortunately, just because it ends up out there on the internet does not necessarily mean it is true. One thing we want to be very careful of is that we don 't cross that border between what we believe is fact and what we try to convince others that their opinion should match our facts. There are some objectives in the plan that deal with proactive and open communication. It deals with building a sense of pride in the community and communication is important. I Councilmember Mohrig I Along those same lines , one of my concerns is if people quote the city as saying something. If people put information on social media saying that a city official has made a statement, and the information is untrue , I would ask that we take action to correct that misrepresentation and rectify the situation. I I I Regular Meeting of the Milton City Council Monday, December 21 , 2015 at 6:00 pm Page 23 of 24 M otion and V ote : Co uncilmember Mohrig moved to approve Agenda Item No. 15 -324 by adopting the City of Mi lton Strategic Pl an 2016 -2020 as presented. Councilmember Kunz seco nded the motion . The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meetin g. 14 ) MAY OR AND COUNCIL REPORTS 15 ) STAFF REPORTS Department U pdates 1. Fire 2 . Finance 3. Information Technology 4 . Innovation & Engagement 5. Human Resources Bob E dgar, Fire Chief • New portable radios placed in service. • Developing an active shooter response po licy for the Fire Department. • Seeking a grant for fire apparatus rep lacement through FEMA and the Ass istance to Firefighters Grant Program . • Mi lton Fire Department has partnered with the other North Fulton cities and Safe Kids of North Ful ton. • Final drawings have been approved for the new ladder truck ; summer of 2016 delivery is expected. • Pancake Breakfast was a great success . Bernadette Harvill, Finance M anager • Businesses had until November 15 , 2015 to renew their alcoho l beverage licenses to avoid penalty and interest charges. At this point, all currently licensed businesses have su bmitte d their paperwork to renew their ABL for 2016. • 2016 business license renewal packets have been mai led to all active businesses. All active Milton businesses have until March 31, 2016 to renew their business license to avoid penalty and interest charges . • The FY2015 audit fieldwork is scheduled to begin January 25 ,2016 and sho uld last abo ut 2 weeks . Dav id F rizz ell, IT Manager (not av aila bl e) Regular Meeting of the Milton City Council Monday, December 21 , 2015 at 6 :00 pm Page 24 of24 A nge la Th ompson, Comm unications Ma n ager I • Tree lighting -100 people in attendance • Christmas in Crabapple -800 people in attendance • Breakfast with Santa -600 people in attendance • Better Together Holiday Party -38 in attendance at the Thomas S. Byrd House. Toys were collected for NFCC's Santa Shop. • Milton's Collection for NFCC's Santa Shop : Many boxes of toys generously donated at our fire stations , City Hall and Nothing Bundt Cakes throughout the month. • Better Together Meetings in 2016 -Meetings will be held on the second Monday of each month at 6:30pm at the Bethwell Community Center. In years past, Better Together met twice a month. • Mayor 's Run 2016 will be February 27th at 7:00am at Freedom Park. Sam Trager, H um an R eso u rces D irector The Performance Management System is coming along and we are working with a group on this project regarding performance management. At the last meeting, we talked about core competencies and what those will be. We are hoping the project will be completed in April and available for your review. All of our evaluations from 2015 , with a few exceptions , have been received. Hopefully , next month I will have a report for you indicating how our employees graded out. The weight study that we have conducted to aide us with hiring a consultant went out to bid . We are expecting those responses by I January 5th . We are hoping to complete the hire shortly thereafter. 16) ADJOURNMENT (Agenda Item No. 15-325) Motion and Vote : Councilmember Mohrig moved to adjourn the Regular Meeting at 8:21 p .m. Councilmember Thurman seconded the motion . The motion passed unanimously (6-0). Councilmember Hewitt was absent from the meeting. Date A pproved: January 20,2016 15n1 JoeLock~r I STATE OF GEORGIA COUNTY OF FULTO I CITY OF MIL TON ) ) ) ) ) AFFIDAVIT RE: CLOSURE OF OPEN MEETINGS I I Personally appeared before the undersi gned 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 MIL TO , 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 December 21 , 2015, 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 suc h closed meeting are as follows: [Check or initial as appropriate] 1. __ discussion or voti ng 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 vo te on any such matter coming in public pursuant to O .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 meetin g 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. Notary Public My Commission Expires: