HomeMy WebLinkAboutORR # 56113Kim Trawick
From:
Sent:
To:
Cc:
Subject:
Dear Daniel:
Re: ORR # 56 113
Kim Traw ick
Friday, May 10 , 2019 4:00 PM
dwolcott@grdlegal .com
Sara Leaders; Teresa Stickels
Open Records Request #56113
Thank you for your request to rev iew City records and your interest in city government. Please find
the information below responsive to your Open Records Request on May 7, 2019 in which you
requested the following:
Request :
Please consider this letter a formal request for public records , pursuant to the Georgia Open Records
Act, O.C .G.A. § 50 -18-70 , et seq. We request copies of the following records , data compilations, or
other material:
1. A copy of any document evidencing any prospective sale or other disposition of any real property
located at the intersection of Birmingham Highway and Landrum Road from May 1, 2018 to the
present; and
2. A copy of any written correspondence regarding any sale or disposition of any real property
located at the intersection of Birm ingham Highway and Landrum Road from May 1, 2018 to the
present; and
3. A certified copy of any resolution regarding the sale or disposition of any real property located at
the intersection of Birmingham Highway and Landrum Road from May 1, 2018 to the present; and
4. A certified copy of any ordinance concerning land disposition procedures or requirements relat ing
to any sale or dispos ition of real property by the City of Milton .
Sara Leaders (Transportation Engineer-Interim Public Works Director): Milton Public works does not
have any right of way acquisition, sale or disposition for the referenced property. Municode Sec 48-
168 discusses right of way abandonment procedures.
Teresa Stickels (Conservation Projects Manager): I cannot respond to the first three questions as we
do not have any greenspace acquisitions of the property referenced here . Regarding the fourth
question , the City charter speaks to the city 's right to acquire and sell property in these two articles
cited below :
Article I, Section 1.12(b) (22) conta ined
here : https://library .municode .com/ga/mi lt on/codes/code of ord inances?nodeld=PTICHLOAC SPA
C H ARTIINPO Sl.12MUPO
1
and Article VI, Section 6.31 con t a ined
here : https://library.municode.com/ga/milton/codes/code of ordinances?nodeld=PTICH LOAC SPA
CH ARTVIFI S6.31SALEPRCOUSOPMA
Please note that this is not a legal opinion, just a review of the municipal code .
Thank yo u fo r y our inquiry to the City of M ilton.
Kim Traw ic k
Records Clerk
2006 Heritage Walk, Milton , GA 3000 4
678-242-2528 (0)
www .cityofmiltonga.us
Important: The Milton Po lice Department and Municipal Court
remain located at 13000 Deerfield Parkway, Milton , GA 30004 .
2
Kim Trawick
From: Sara Leaders
Sent:
To:
Friday, May 10 , 2019 3:43 PM
Kim Tra wi ck
Subject: RE : New Request has been submitted (Request #56113)
Milton Public works does not have any right of way acquisition, sale or disposition for the referenced property.
Municode Sec 48 -168 discusses right of way abandonment procedures
Sara Leaders , PE , LSIT
Transportation Engineer/Interim Public Works Director
From: Kim Trawick
Sent: Thursday, May 9, 2019 1:23 PM
To: Sara Leaders <Sara.Leaders@cityofmiltonga.us>
Subject: FW: New Request has been submitted (Request #56113)
Hi Sara ,
Do you ha ve anyth ing on the request below?
Thanks
Kim Trawick
Records Clerk
2006 Her itage Walk, Milton , GA 30004
678-242-2528 (0)
www.cityofmiltonqa.us
Important: The Milton Police Department and Municipal Court
remain located at 13000 Deerfield Parkway, Milton, GA 30004.
From: Teresa Stickels
Sent: Thursday, May 9, 2019 1:07 PM
To: Kim Trawick <Kim .Trawick@cityofm iltonga .us>
Subject: RE : New Request has been submitted (Request #56113)
Kim,
I cannot respond to the first three questions as we do not have any greenspac e acquisitions of the
property referenced here . Regard ing the fourth questio n, the C ity charter spea ks to the city 's right t o
acquire and sell property in these tw o articles cited below:
1
Article I, Section 1.12(b) (22) contained
here : https ://library.municode.com /ga/milton/codes/code of ordinances?nodeld =PTICHLOAC SPA
CH ARTII NPO Sl.12MUPO
and Article VI , Section 6.31 contained
here: https ://library.municode .com/ga/milton/codes/code of ordinances?nodeld =PTICHLOAC SPA
CH ARTVIFI S6.31SALEPRCOUSOPMA
Please note that this is not a legal opinion , just a review of the municipal code.
Teresa Stickels, MPA
Conservation Projects Manager
2006 Heritage Walk, Milton, GA 30004
678-242-2509 (OJ
www.cityofmiltonqa.us
E You
Want to stay on top of what 's going on in the City?
Sign up for our e -Newsletter!
Have a problem , question , comment, complaint or compliment?
We want to hear about it! For prompt assistance , ca ll 678.242 .2500 or e -mail us at info@c ityofmi ltonga .us.
From: Kim Trawick
Sent: Thursday, May 9, 2019 12:41 PM
To: Teresa Stickels <Teresa.Stickels@cityofm i ltonga .us>
Subject: FW: New Request has been submitted (Request #56113)
Kim Trawick
Records Clerk
2006 Heritage Walk, Milton , GA 30004
678-2 42-2528 (OJ
www.cityofmiltonga .us
Important: The Milton Police Department and Municipal Court
remain located at 13000 Deerfield Parkway, M il ton , GA 30004 .
2
From: Government Window <s upport@governmentwindow.com>
Sent: Tuesday , May 7, 2019 2:47 PM
To: Sudie Gordon <Sudie .Gordon@cityofmiltonga.us>; Kim Trawick <Ki m.Trawick@cityofmiltonga .us>; Sam Trager
<Sam .Trager@ ci tyofm i ltonga .us>; PD Info <PDlnfo@cityofmiltonga.us>; Jammie Peters
<Jammie .Peters@cityofmiltonga.us>; Wendy Johnson <wendy .johnson@cityofmiltonga .us>; Shannon Ferguson
<Shannon .Ferguson@cityofmiltonga .us>; Dawn Serff <Dawn .Serff@cityofmiltonga .us>
Subject: New Request has been submitted (Request #56113)
Milton, GA Online Request
Open Records Request For :
****************************************************************
Request#: 56113
Req. Date: May 7, 2019
Requestor : Daniel Wolcott
Address : 945 E Paces Ferry Rd, Suite 2750, Atlanta, GA 30326
Phone#: 404-924 -2856
Email: dwolcott@grdlegal.com
Request:
Please consider this letter a formal request for public records, pursuant to the Georgia Open Records Act, O.C.G .A. § 50 -
18-70, et seq . We request copies of the following records , data compilations, or other material :
l. A copy of any document evidencing any prospective sale or other disposition of any real property located at the
intersection of Birmingham Highway and Landrum Road from May 1, 2018 to the present; and
2. A copy of any written correspondence regarding any sale or disposition of any real property located at the
intersection of Birmingham Highway and Landrum Road from May 1, 2018 to the present; and
3. A certified copy of any resolution regarding the sale or disposition of any real property located at the intersection of
Birmingham Highway and Landrum Road from May 1, 2018 to the present; and
4 . A certified copy of any ordinance concerning land disposition procedures or requirements relating to any sale or
disposition of real property by the City of Milton.
O.C.G.A. § 50 -18 -70 requires these records be made available within three (3) business days. In the event that you
cannot make the records available in this time frame, O.C.G .A. § 50 -18-71{f) requires that you provide a "written
description of such records, together with a timetable for their inspection and copying," within that period. Thus, in the
event you are unable to provide such documents within three (3) days provided by law, please provide a detailed
description of the documents you are producing and the timetable wherein they will be produced .
In compliance with O.C.G .A. § 50 -18 -71{d), I state that I am prepared to pay all reasonable fees associated with this
request, including copying and research, and certification . Pursuant to that section , unless the cost of securing such
documentation is more than Five Hundred Dollars ($500 .00), production of such documentation may not be delayed
pending payment.
As you may know, O.C.G .A. § 50 -18-73 provides that should I have to initiate litigation to secure these documents, I am
entitled to recover from the County, the cost of pursuing that litigation, including reasonable attorney's fees and other
litigation costs r easonably incurred . Additionally, any person or entity who refuses to provide access to records not
subject to exemption by knowingly and willingly frustrating or attempting to frustrate the access to records by
intentionally making records difficult to obtain or review shall be guilty of a misdemeanor and fine . See O.C.G.A. § 50 -18 -
74.
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I would appreciate your prompt assistance in this matter and if you have any questions in the meantime, please do not
hesitate to contact me .
****************************************************************
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Request#: 56113
Milton, GA
Request for Public Records
------------------------------------
Name of Requester (Print): Daniel Wolcott ------------------------------
Address : 945 E Paces Ferry Rd, Suite 2750, Atlanta, GA 30326
Phone : 404-924-2856
Email : dwolcott@grdlegal.com
Pursuant to Georgia law, I am formally requesting to inspect these specific public records :
Please consider this letter a formal request for public records , pursuant to the Georgia Open Records Act,
O.C.G.A. § 50-18-70 , et seq. We request copies of the following records, data compilations, or other
material :
1. A copy of any document evidencing any prospective sale or other disposition of any real property
located at the intersection of Birmingham Highway and Landrum Road from May 1, 2018 to the present;
and
2. A copy of any written correspondence regarding any sale or disposition of any real property located at
the intersection of Birmingham Highway and Landrum Road from May 1, 2018 to the present; and
3. A certified copy of any resolution regarding the sale or disposition of any real property located at the
intersection of Birmingham Highway and Landrum Road from May 1, 2018 to the present; and
4. A certified copy of any ordinance concerning land disposition procedures or requirements relating to
any sale or disposition of real property by the City of Milton.
O.C.G.A. § 50-18-70 requires these records be made available within three (3) business days. In the event
that you cannot make the records available in this time frame , O.C.G.A. § 50-18 -71(0 requires that you
provide a "written description of such records, together with a timetable for their inspection and
copying ," within that period. Thus , in the event you are unable to provide such documents within three
(3) days provided by law, please provide a detailed description of the documents you are producing and
the timetable wherein they will be produced .
In compliance with O. C. G .A. § 50-18-71 ( d), I state that I am prepared to pay all reasonable fees
associated with this request, including copying and research, and certification. Pursuant to that section,
unless the cost of securing such documentation is more than Five Hundred Dollars ($500.00), production
of such documentation may not be delayed pending payment.
As you may know, O.C.G.A. § 50-18-73 provides that should I have to initiate litigation to secure these
documents, I am entitled to recover from the County, the cost of pursuing that litigation, including
reasonable attorney's fees and other litigation costs reasonably incurred. Additionally , any person or
entity whe refuses te provide access te records not subject to exemption by knowingly and willingly
frustrating or attempting to frustrate the access to records by intentionally making records difficult to
obtain or review shall be guilty of a misdemeanor and fine . See O.C.G.A. § 50-18-74.
I would appreciate your prompt assistance in this matter and if you have any questions in the meantime,
please do not hesitate to contact me.
I agree to pay any copying and/or administrative costs incurred in fulfilling my requests to the extent
permitted by Georgia law . Such costs may include copying charges of $.10 per page and administrative
charges for search, retrieval, and other direct administrative costs . Administrative charges shall not exceed
the salary of the lowest paid full-time employee who, in the discretion of the custodian of the records, has
the necessary skill and training to perform the request.
A written response to this request will be sent no later than three business days following receipt
of this request by the custodian of records .
Signature Of Requester: Daniel Wolcott (digital signature from online form)
Date of Request : 05/07/2019 ----------------------------------
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