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HomeMy WebLinkAboutMinutes CC - 05/01/2017 - MINS 05 01 17 REG (Migrated from Optiview)I I I Regular Meeting of the Milton City Council Monday, May 1, 2017 at 6:00 pm Page I of 10 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 May 1, 2017 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Remco Brommet, Chaplain for the City of Milton Police and Fire CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLL CALL Councilmembers Present: Councilmember Thurman, Councilmember Kunz, Councilmember Lusk , Councilmember Hewitt, Councilmember Longoria and Councilmember Mohrig. PLEDGE OF ALLEGIANCE (Led by Mayor Joe L ockwood) APPROVAL OF MEETING AGENDA (Agenda Item No. 17-106) Motion and Vote: Councilmember Hewitt moved to approve the Meeting Agenda with the following changes: • Move Agenda Item Number 17-115 , "Nomination of a Board of Zoning Appeals Member (District 2/Post 1 )" to after the Consent Agenda. • Add "Nomination of a Cultural Art Committee Member (District 3/Post 2)" to after the BZA nomination item as Agenda Item No . 17-118. • Add "Recognition of Appreciation to Christopher Bloor for his Service to the Board of Zoning Appeals" as the first Reports and Presentations Item. Regular Meeting of th e Milton C ity Council Monday, May 1, 2 017 at 6:00 pm Pa ge 2of10 • Add an Executive Session to discuss personnel prior to the First Presentation Item. Councilmember Mohrig seconded the motion . The motion passed unanimousl y (7-0). PUBLIC COMMENT CONSENT AGENDA 1. Approval of the April 10 , 2017 Regular Ci ty Council Meeting Minutes . (Agenda Item No. 17-107) (S udie Gordon, City Clerk) 2. Approval of an Intergovernmental Agreement Concerning the Processing Storage , and Control of Evidence within the City of Alpharetta by the City of Milton Police Department. (Agenda Item No. 17-108) (Rich Austin, Police Chief) 3. Approval of a Professional Services Agreement with BM&K, P .C . for City Program Management Services. (Agenda Item No. 17-109) (Car ter Lucas, Ass is tant City Manager) 4 . Approval of a Construction Services Agreement between the City of Milton and the Tomal Corporation for Guardrail Repairs on Hamby Road. (Agenda Item No. 17-110) (Carter Lucas, Assistant City Manager) Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). I I I I I I Regular Meeting o f the Milton Ci ty Council Monday, May 1, 2017 at 6 :00 pm Page 3of10 REPORTS AND PRESENTATIONS The following item was added to the Agenda under Reports and Presentations during Approval of Meeting Agenda: 1. Recognition of Appreciation to Christopher Bloor for his Service to the Board of Zoning Appeals. (Pr esent ed by Co un cilm ember Matt Kunz) 2. Proclamation Recognizing Municipal Clerks Week. (Pr esent ed by Mayo r J oe Lockw ood) 3. Presentation of Downtown Milton/Crabapple Placemaking Plan. (Tunn ell-Sp ang ler-Walsh & A ssoc iates) EXECUTIVE SESSION Motion and Vote: Councilmember Thurman moved to go into Executive Session to discuss personnel at 7: 12 p.m. Councilmember Mohrig seconded the motion. The motion passed unanimously (7-0 ). RECONVENE Motion and Vote: Councilmember Longoria moved to reconvene the Regular Meeting at 7 :42 p.m. Councilmember Lusk seconded the motion. The motion passed unanimously (7-0). FIRST PRESENTATION 1. Consideration of An Ordinance of the City of Milton, Georgia to Amend Chapter 4 , Alcoholic Beverages of the Code of the City of Milton , Georgia (Comprehensiv e Amendments). (Agenda Item No. 17-111) (Discussed at April 17, 20 17 City Cou n cil Wo rk Sess ion) (Sarah l a Dart, Eco nomic Developm ent Manager) Motion and Vote: Councilmember Lusk moved to approve the First Presentation Item . Councilmember Kunz seconded the motion. The motion passed unanimously (6-0). Councilmember Thurman was absent for the vote. Regular Meetin g of the Milton Ci ty Council Mond ay, May I , 2017 at 6 :00 pm Page 4of10 PUBLIC HEARING ALC OHOL BEVERAGE LICENSE APPLICATION PUBLIC HEARING 1. Consideration of the Issuance of an Alcohol Beverage License to Riddhi Investments LLC , dba Shell Food Mart , 15840 Birmingham Highway , Milton , Georgia 30004. (Agenda Item No.17-112) (Bernadette Harvill, Fin an ce Direct or) Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No.17-112 . Councilmember Longoria seconded the motion. The motion passed unanimously (7-0). 2. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal 2017 Budget for Each Fund of the City of Milton, Georgia , Amending the Amounts Shown in Each Budget as Expenditures , Amending the I Several Items of Revenue Anticipations , Prohibiting Expenditures to Ex ceed I Appropriations , and Prohibiting Expenditures to Exceed Actual Funding A vailable . (Agenda Item No. 17-097) (First Presentation at April 24, 2017 Regular City Council Meeting) (S tacey In g lis, Ass is tant City Man ager) ZONING AGENDA (No ne) UNFINISHED BUSINESS 1. Consideration of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal 2017 Budget for Each Fund of the City of Milton, Georgia, Amending the Amounts Shown in Each Budget as Expenditures , Amending the Several Items of Revenue Anticipations , Prohibiting Expenditures to Exceed Appropriations , and Prohibiting Expenditures to Exceed Actual Funding Available. ORDINANCE NO. 17-05-315 (Agenda Item No. 17-097) (Fir st Presentation at April 24, 201 7 R egular City Co uncil M eeting) (S tacey In g lis, Assis tant City Man ager) I I I I Regular Meeting of the Milton City Council Monday, May 1, 2017 at 6:00 pm Page 5of10 Stac ey In glis, Assistant City Manager Each year we conduct a mid-year budget adjustment to put the budget more in line with the actual numbers. We are proposing a revenue increase of $156,768 and an expenditure appropriation increase of$29,624. So , we are actually adding to the fund balance $127,144. To highlight some of the revenue and appropriation adjustments ; in previous years we have watched insurance premium tax increase steadily. In looking at last year's collections, there were over $2 million so we are anticipating the 2017 collections to also be over $2 million. We are proposing a $200,000 increase to this line item. That is revenue sources not received until after the fiscal year end so when we go through the budget process, we will not know what the revenue collections are for the past fiscal year until we get to the new fiscal year. Financial institution tax is coming in lower than anticipated so we are decreasing that line item by $7,850. There are several donations that we have received. One for the 10-year anniversary celebration of $20 ,000, the fire awards banquet has received $600, and the Joyful Soles Camp has received $2 ,400. The appropriation for the expenditure lines are also being increased in those areas. We are moving the cell tower leases line item from the general fund and putting it into the capital projects fund. In December 2014, we passed a resolution that said that any revenues received from cell towers were going to conservation efforts. Insurance proceeds of $17 ,656 in reimbursements received from HIDA of $1,3 7 4 make up the remaining amendments and they are offset by increases in the correlating expenditure line items. Moving on to expenditures, in the City Clerk's department there is a $26,000 decrease in the Granicus line item. We are moving this item into the IT department which is where we pay for most of our maintenance contracts for IT related functions. So, you will see an increase of $26 ,000 in the IT department. There is also an $880 increase of EMS training aids which is coming from the fire department to cover maintenance costs of that particular software. In the outreach engagement department, we were given a donation of $20,000 for the 10-year anniversary celebration. In the police department you will see all of the market adjustments that we previously talked about. All of those are explained in detail for the budget amendments at the bottom of the spreadsheet. In the fire department, there are also market adjustments that we have previously discussed. There is also an adjustment for insurance proceeds to offset damage for a vehicle. There is a $2 ,400 adjustment in the Parks and Recreation department to offset the donation we received for Camp Joyful Soles. Debt service increased by $134 ,400 which we are offsetting with contingency money to pay for the interest payment on the debt service that we have that wasn't initially budgeted for. In other financing uses , you will see $77 ,412 going to the capital projects fund . It looks like there was a small mistake; the $134,400 should be coming out of contingency that wasn't included on this spreadsheet. In the capital projects fund there were various amendments ; $17 ,000 in tree recompense revenue , we are increasing that line item to account for revenue that we received. There is a corresponding expenditure line item in the Community Development Department of $17 ,000 to plant trees. There is $4,000 in the HIDA stipend to cover money that we received from the HIDA officer that we had for his car. In the general government buildings facilities we transferred $30 ,000 from signage to cover the City Hall signs. We are moving the State Route 9 police facilities line item from the police department and putting it into the general government buildings facilities fund. Regular Meeting of the Milton City Council Monday, May I, 2017 at 6:00 pm Page 6of10 Councilmember Lusk Can you show me where we have made provisions for a Facilities Manager? Stacey Inglis The Facilities Manager position is in the salaries line item in the Public Works Department. Councilmember Thurman Where are our impact fees reflected in the budget? Stacey Inglis Right now, we did not account for any amendments to impact fees because we do that amendment at the end of the fiscal year because we want to account for all of the fees that have been generated. If you look at the last fiscal year, we included those in each particular line item that they pertain to. Councilmember Thurman How are the impact fees doing based on what we budgeted ? Stacey Inglis I I will have to get back with you on that question. In the capital grant fund, we are increasing I revenues and increasing expenditures related to the Local Maintenance and Improvement Grant (LMIG) funds we received which are going toward pavement management so when we receive those funds we account for them accordingly. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 17-097. Councilmember Longoria seconded the motion. The motion passed unanimously (7-0). NEW BUSINESS 1. Consideration of a Resolution to Establish a Fixed-Rate Civil Appearance Fee for Law Enforcement Officers of the Ci ty of Milton. RESOLUTION NO. 17-05-419 (Agenda Item No. 17-113) (Rich Austin, Police Chief) Rich Austin, Police Chief This resolution would allow the police department to retain control over the fee that our employees charge to appear in legal proceedings when they are subpoenaed on civil matters. Cases typically involve litigation between two private parties . There is already a provision for I I I I Regular Meeting of the Milton City Council Monday , May I, 2017 at 6:00 pm Page 7of10 this in the Georgia code . The code also states that individual municipalities will set the fee. I recently discovered that we do not have a set fee established so this resolution would allow the police department to create a fee that is reasonable and equitable for our citizens , expertise, and police officers in civil matters. This fee would only be applicable if a police officer is appearing in an off-duty capacity. Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 17-113. Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0). 2. Consideration of a Resolution to Accept Donation of a Firearm. RESOLUTION NO. 17-05-420 (Agenda Item No. 17-114) (Rich Austin, Police Chief) Rich Austin, Police Chief This is a resolution to accept a firearm from Mr. Harry Schwartz. It was a gift to the police department. He is a resident of the North Fulton area and he offered this firearm as a gift as he does to most of the North Fulton police departments. He is a law enforcement supporter. We have inspected the weapon and it is a high quality DP12 shotgun. We recommend that we accept this gift. Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 17-114. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). 3. Consideration of A Resolution Appointing A Member to the City of Milton Board of Zoning Appeals for District 2/Post 1. RESOLUTION NO. 17-05-422 (Agenda Item No. 17-115) (Mayor J oe Lockwood) Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 17-115 appointing Ed Parsons to the Board of Zoning Appeals for District 2 I Post 1. Councilmember Mohrig seconded the motion. The motion passed unanimously (7-0). Regular Meeting of the Milton City Council Monday , May I, 2017 at 6:00 pm Pa ge 8of10 The following Age11da Item No. 17-118 was added to the Agenda by Motion and Vote under Approval of Meeting Agenda: Consideration of a R e solution Appointing A Member to the City of Milton Cultural Art Committee for District 3/Post 2. RESOLUTION NO. 17-05-423 (Agenda Item No. 17-118) (May or J oe Lockw oo d) Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 17-118 appointing Barbara Peck to the Cultural Art Committee for District 3 I Post 2. Councilmember Lusk seconded the motion. The motion passed unanimously (7-0). 4 . Council Consideration and Appointment of Milton Greenspace Advisory Committee Members. (Agenda Item No. 17-116) (C ity Att orn ey) Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 17-116 by appointing the following indi v iduals to the Milton Greenspace Advisory Committee: Robert Brannon Robin Fricton Robin Gray Curtis Mills Marc Walley Steve Wheeler Colt Whittall Councilmember Kunz seconded the motion . The motion passed (5-2). Councilmember Hewitt and Councilmember Longoria were in opposition. MAYOR AND COUNCIL REPORTS I I I I I I Regular Meeting of the Milton City Council Monday, May I , 2017 at 6:00 pm Page 9 of JO STAFF REPORTS Department Updates 1. Fire 2. Finance 3. Economic Development Bob Edgar, Fire Chief I wanted to make you aware of the House Bill 146 which is the Firefighters Cancer Insurance Benefits . This bill is expected to be signed by the governor on Thursday. It will have an impact on every fire department in the state as well as the municipality they are serving. The bill requires all legally organized fire departments to provide a lump sum payment to any firefighter diagnosed with certain types of cancer and up to three years of disability payments to firefighters because of injury or illness and, therefore, they cannot work as a firefighter anymore. This new benefit requirement becomes effective January 1, 2018. Also, I wanted to let you know about a pharmacy agreement that we have with North Fulton Hospital. With this new agreement, we are able to drop off our old medical boxes at the hospital and they will provide us with a new box with all the required medicine we need to have on our trucks. Bernadette Harvill, Finance Director We have already collected about 80% of the impact fees that we collected in total last fiscal year. Last year, the total was $916,514 and in addition there was about $216 in interest collected on that account. So far this year, we have collected $731,789 and about $91.50 in interest. We recently sent 190 notices to businesses that have not renewed their business license. Sarah LaDart, Economic Development Manager We sent out 987 Business Satisfaction Surveys and have received 55 responses. From those responses, we addressed 13 issues that were brought to our attention. On June 13 1h, we are going to host our first small business symposium where we will have lunch, a motivational speaker, and breakout seminars. Our first cultural arts committee meeting will be held on May 101h at 11 :30 am. Regular Meeting of the Milton City Council Monday , May l , 2017 at 6:00 pm Page 10of10 ADJOURNMENT (Agenda Item No. 17-117) Motion and Vote: Councilmember Mohrig moved to adjourn the Regular Meeting at 8:21 p .m. Councilmember Thurman seconded the motion . The motion passed unanimou s ly (7-0). Date Approved : May 15 , 2017 I I I STATE OF GEORGIA COUNTY OF FULTON I CITY OF MlL TO ) ) ) ) ) AFFIDAVIT RE: CLOSURE OF OPEN MEETINGS I I Personally appeared before the undersigned officer, duly authorized under the laws of the State of Georgia to administer oaths, JOE LOCKWOOD, who in his capacity as Mayor and the person presiding over a Council meeting of the CITY OF MILTON , and after being first dul y sworn , certifies under oath and states to the best of his knowledge and belief the followin g: At a Special Called City Council Meeting held on May I , 2017, at 5:00 PM the Council voted to g o into closed session and e x clude the public from all or a portion of its meeting. The legal exceptions applicable to the exempt matters address ed durin g 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. discussing or deliberating upon the appointment, employment , compensation, hiring , disciplinary action or dismissal , or periodic evaluation or rating of a public officer or employee or interviewing applicants for the executive head of the city with the vote on any such matter coming in public pursuant to O.C.G.A. 50-14-3(b)(2); 3. X attorne y/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 agenc y or any officer or employee may be directly in v olved , 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 . MAYORJ~OOD STATE OF GEORGlA COUNTY OF FULTON I CITY OF MIL TON ) ) ) ) ) AFFIDAVIT RE: CLOSURE OF OPEN MEETINGS I I Personally appeared before the undersigned officer, dul y 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 TON , and after being first dul y sworn , certifies under oath and states to the best of hi s knowledge and belief the following: At a Regularl y Scheduled City Council Meeting held on May 1, 2017, 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 s uch 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-l 4-3(b )(1 )(B-E); 2. discussing or deliberating upon the appointment, employment, compensation, hiring , disciplinary action or dismissal , or periodic evaluation or rating of a public officer or employee or interviewing applicants for the executive head of the city with the vote on any such matter coming in public pursuant to O.C.G.A. 50-14-3(b)(2); 3. X attorney/client privilege in order to consult and meet with legal counsel pertaining to pending or potential litigation , settlement, claims, administrative proceedings or other judicial actions brought or to be brought by or against the agency or any officer or employee or in which the agency or 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 . MAYO~OOD Notary Public My Commission Expires: