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HomeMy WebLinkAboutMinutes - CC - 09/09/2020Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 1 of 58 1 1 CALL TO ORDER Mayor Pro Tem: I would like to call the regular meeting of the Milton City Council for Wednesday, September 9, 2020 to order. The city strongly recommends that you review tonight’s agenda carefully. And if you wish to speak on any item on the agenda, please bring your comment cards to the clerk as soon as possible. While the Milton rules allow a speaker to turn in their comment card up until the clerk calls the agenda item, once the agenda item is called, no more comment cards can be accepted. Will the city clerk please call the roll and make general announcements? City Clerk: Good evening Mayor Pro Tem and Council. I will be happy to call roll for the September 9, 2020 regular meeting. I would like to remind those in attendance to please silence all cellphones at this time. Those attending the meeting who would like to make a public comment, you are required to complete a public comment card prior to speaking on the item. All speakers, please identify yourself by name, address, and organization before beginning your comment. If you are representing an organization, an affidavit is required stating you have the authority to speak on behalf of that organization. Demonstration of any sort within the chamber is prohibited. Please refrain from any applause, cheering, booing, outburst, or dialogue with any person speaking. Anyone in violation will be asked to leave. Please confirm your attendance: Councilmember Rick Mohrig. Rick: Here. City Clerk: Councilmember Laura Bentley. Laura: Here. City Clerk: Mayor Pro Tem Jamison. Mayor Pro Tem: Here. City Clerk: Councilmember Carol Cookerly. Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 2 of 58 2 2 Carol: Here. City Clerk: And Councilmember Joe Longoria. Joe: Here. City Clerk: For the record, Mayor Joe Lockwood and Councilmember Paul Moore are absent. Would you please rise for the Pledge of Allegiance? Councilmembers Present: Mayor Pro Tem Mayor Pro Tem Jamison, Councilmember Laura Bentley, Councilmember Carol Cookery, Councilmember Joe Longoria and Councilmember Rick Mohrig. Councilmember Absent: Mayor Joe Lockwood, and Councilmember Paul Moore. PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) Councilmembers I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Mayor Pro Tem: Thank you. Will the City Clerk please sound the next item. APPROVAL OF AGENDA City Clerk: The next item is approval of meeting agenda. Agenda Item No. 20- 239. Mayor Pro Tem: Thank you. I would like to add an executive session to discuss land acquisition and personnel. That can be in the motion. Ken: Mr. Mayor Pro Tem, I think we may need to discuss potential litigation, as well. Mayor Pro Tem: Okay. So, scratch that. I would like to have a motion to add Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 3 of 58 3 3 executive session to discuss land acquisition, personnel, and potential litigation. Everything. Laura: Mayor Pro Tem, I’d like to make a motion to accept the agenda with the addition of an executive session for land acquisition, personnel, and potential litigation. Carol: Second. Mayor Pro Tem: Alright, I have a motion from Councilmember Bentley and a second from Councilmember Cookerly. Is there any discussion? All in favor please say Aye. Council: Aye. Mayor Pro Tem: Opposed? Okay. Um, Tammy is there any general public comment this evening? Motion and Vote: Councilmember Bentley moved to approve the meeting agenda with the following changes: add an Executive Session to discuss land acquisition, personnel, and potential litigation. Councilmember Cookerly seconded the motion. Mayor Joe Lockwood and Councilmember Moore were absent from the meeting. The motion passed (5-0). PUBLIC COMMENT (None) City Clerk: I’ve not been given any. Stacey, do you have any through – No, sir, we do not have any. Mayor Pro Tem: Okay. So, no public comment. We’ll move on to the consent agenda. Will the City Clerk sound the items? CONSENT AGENDA City Clerk: Our first item is approval of the August 3, 2020 regular City Council meeting minutes, Agenda Item No. 20-240. Next is the approval of the financial statements and investment report for the Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 4 of 58 4 4 period ending July 2020, Agenda Item No. 20-241. Our third item is approval of a construction services agreement with DAF Concrete, Inc. for the construction of the Cogburn Road Sidewalk Improvement program, Agenda Item No. 20-242. Our fourth item is approval of an agreement between City of Milton, Georgia and OpenEdge, a subsidiary of Global Payments Direct, Inc, for electronic payment processing services that integrate with Incode, Agenda Item No. 20-243. Our fifth item is approval of a professional services agreement with Davis Engineering and Survey for survey and plat services, Agenda Item No. 20-244. Next is an approval of a task order between the City of Milton and Pond and Company, Inc. to provide preliminary engineering for Morris Road widening, Agenda Item No. 20-245. Our seventh item is approval of a change order No. 1 to the agreement between the City of Milton and Lowe Engineers to provide temporary plan review services for July through September of 2020, Agenda Item No. 20-246. Our eighth and final consent item is the approval of a change order No. 1 agreement between the City of Milton and the Atlanta Reginal Commission, known as the ARC, to extend the end date of the contract to December 10, 2020 related to the city’s Smart Communities Grand project, the Walking School Bus, Agenda Item No. 20-247. Mayor Pro Tem: Thank you. Is there a motion on the consent agenda as read? Joe: Mayor, I move that we approve the consent agenda as read by clerk. Rick: Second. Mayor Pro Tem: Alright, I have a motion from Councilmember Longoria and a second from Councilmember Mohrig. Is there any discussion on the motion? All in favor please say Aye. Councilmembers: Aye. Mayor Pro Tem: Opposed? Okay. Moving on to reports and presentations. Will the City Clerk please sound the first item? Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 5 of 58 5 5 Motion and Vote: Councilmember Longoria moved to approve the Consent Agenda. Councilmember Mohrig seconded the motion. Mayor Joe Lockwood and Councilmember Moore were absent from the meeting. The motion passed (5-0). REPORTS AND PRESENTATIONS 1. Proclamation Recognizing Suicide Prevention. (Presented by Mayor Pro Tem Jamison) City Clerk: Our first item is a proclamation recognizing suicide prevention. Mayor Pro Tem Mayor Pro Tem Jamison. Mayor Pro Tem: Thank you. I know this an important week. I know we have a lot of people in the crowd with the LRJ Foundation that has been working on this. And I know Councilmember Bentley would like to say some remarks after I read this proclamation and then we’ll come up and take a picture. So, this is the Recognizing National Suicide Prevention week. Whereas National Suicide Prevention Week is an annual week- long campaign in the United States to inform and engage health professionals and the general public about suicide prevention and the warning signs of suicide, running this year from September 6 – September 12. And World Suicide Prevention Day is recognized annually on September 10. And Whereas suicide is now a second leading cause of death among Americans ages 15-24. And Whereas one of the myths about suicide is that talking about it causes suicide when research shows the opposite since engaging someone in a deliberate, caring conversation about suicide can be a critical first step toward preventing suicide. And Whereas the City of Milton constantly strives to provide the best quality of life for its residents, young and old, by finding ways to create strong sense of community, well-informed populace, and provide invaluable connectedness. And Whereas, if Milton is to be the best place to call home, we must be willing to discuss difficult topics like suicide, recognizing that talking about suicide can remove the stigma and help save lives. And Whereas all members of the City of Milton take responsibility together to do all that we Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 6 of 58 6 6 can to support and guide our citizens, through our service, we care for one another and strengthen Milton’s cherished sense of community. Now therefore, we the Mayor and the City Council of the City of Milton proclaim September 10 to be Suicide Prevention Day in Milton and we actively demonstrate the city’s commitment to citizens health and wellbeing by partnering with the LRJ Foundation to host a virtual forum, the Milton Mental Wellness Webinar on Thursday, September 10. This event aims to stimulate a community conversation about suicide while sharing resources and tools for improving mental wellness. Given under our hand and seal in the City of Milton, Georgia on this 9th day of September 2020. Thank you and Councilmember Bentley? Laura: Now, I’d like to thank our city. We embrace our quality of life in recognizing that suicide is a part of our community. This is the second year that we have not just participated but hosted a suicide event. So, I’m tremendously proud of that. And I know that this council is as well. I’d like to have a special moment of thanks to Teressa Ruspi who is in the audience tonight. She has worked tirelessly to reinvent a suicide event into mental wellness. And it’s got a great message and I’m so proud of the work that she’s done with our staff and the expertise that her LRJ members bring to the conversation, which is tomorrow night at 6:00. And it’s via Zoom and Facebook Live, so please tune in. It’s going to be awesome. Thank you so much. Mayor Pro Tem: Carol? Carol: You know, there are many things that I would publicly appreciate and thank Councilwoman Bentley for, but this is at the top of my list because without her leadership on this and her constant efforts on social media to keep this issue top of mind, I don’t know that Milton would have such a robust awareness. So, Councilwoman, I just want you to know that your efforts are not missed by me or anybody, but we are lucky that you are in your perseverance in this issue and other issues. Laura: Thank you. Mayor Pro Tem: Anyone else? Alright, if you all want to come up, we’ll take pictures and give you the proclamation. They’re going to stand Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 7 of 58 7 7 down there, we’re going to stand here. Thank you. Will the City Clerk please sound the next item? 2. 2020 Census Update. (Presented by Michele McIntosh-Ross, Principal Planner) City Clerk: Our next item is the 2020 Census Update. That’s presented by Ms. Michelle McIntosh-Ross. Michele: Greetings. I’m Michele McIntosh-Ross, City of Milton. So, I’m here to talk about the census, again. Just want to reiterate because we need everyone counted. This is the last month, so we’re really doing a big push for the last month to get everyone counted for the City of Milton. And you’ve seen a lot of this before, but I have some slides on here with QR codes and whatnot, so folks at home can use their phone and go straight to the census. So, I’m hoping that folks at home are listening and who weren’t here before will get some of this information. So, we need everyone to take part in the 2020 Census. And here’s our QR code. We want to get an accurate population count for the City of Milton. This is very important. It allocates federal dollars for the next 10 years. So, folks can still respond all the way to the end of September by going to the website, or calling, or mailing in their form. So, they’re still able to do that. So, today I’m going to talk about what the census is and why we need to do it. Then, also, just mention some of the local preparation that we did years ago to come to this point. And then why it’s important locally. And we’re going to show some of the things that we’re going to be doing this month to get everyone counted. And then, of course, we have questions and dialogue. So why? It’s an official count of the population. It happens every 10 years. It’s in the Constitution since 1790. The U.S. commemorates Census Day April 1 every 10 years. And for the last census, 10 years ago, the estimate was that it allocated roughly 675 billion federal dollars. And that goes to things like roads, schools, hospitals, social programs, etc. So, it’s really important because non-response to the questionnaire can result in an undercount for the population which results in that estimate when you divide it up at 1,600 per each person in Georgia. Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 8 of 58 8 8 It’s used to determine the legislative representatives for every level of government. The population defines drawing the Georgia representative lines as well as the Milton Council Districts. So, it can skew a lot of the lines if we don’t have an accurate count. This was from the previous census, some states gained, some states lost. Georgia happened to gain. Hopefully, we won’t lose this time. This is the census. It happens once every 10 years and it counts every person once in the right place. That’s what it’s meant to do. It’s also the civic duty of every person to participate. It’s only 10 questions, roughly. It’s like seven plus drop downs. You’ll see I have some questions in a later slide. And it’s available in 12 languages over the phone and you can request for any language that you need. All of the data collection is private. And, just to mention, in 2010 our population logged in at 32,661. And so, we’ll see what we turn out to be this year. We know folks like me are always anxiously waiting on what the population estimate, or the actual population will be. So, we’re thinking 40,000, 39, we’ll see. We didn’t do a bet on it, but we’ll see. These are the questions that shows up on the census. All we want to know is how many people are living or staying at the house in April. Whether the house is owned or rented. What the genders are for each person. Age. Race of each person. And whether the person is Hispanic or Latino origin. And what the relationship is to the head person in the household. So, is it your uncle, your sister, your daughter, whatever? So, all things we should know already. You don’t have to research any of this. So, this is just the breakdown of the funding. This is just an example. If we took that 1600 per person in Georgia over the 10 years, that will equal 1.6 million. Let’s just say we missed 100 people on the census in 2010, that works out to be we missed the 1.6 million. Just looking at response rates, for instance, Georgia, I believe may have responded at 72 percent last time for 2010. So, at that rate, with 10.5 million residents, at 72 percent responding, we only calculated 7.56 people in Georgia. Which we were short 2.9 or so people which translates into the dollar amount of something like 47 billion missing from the coffers in Georgia. And so, if you relate to Milton, we responded back in 2010 at roughly 85, maybe or 87 percent. Of course, this is just for Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 9 of 58 9 9 demonstration. So, if we responded at 87 percent and we are estimating 40,000 Milton residents, then we would be short. We would be counting only 34,800 people which would cause us to be short by 5,200 folks. And then translating to 83 million that we would be missing. So, it’s important that everyone should count. Of course, this is all over 10 years, right? So, it all calculates out. So, again, we just want folks to respond because it distributes all this federal dollars all over the state. And of course, Milton gets its share. I think I mentioned some of these before with screwing up the lines. This is a map of our council districts. And I just wanted to talk a little bit about how the census pertains to all of the departments in city government with getting sales tax share throughout the county, it’s based on the census data of population size as well as the TSPLOST dollars. Of course, public works relates back to the TSPLOST dollars with projects and funding for those. You know the public safety, the insurance that was waiting for the public safety. It relates back to the population numbers as well as crime stats is always based on population. Parks and Rec, level of service, Community Development and Economic Development. Need those numbers for long-range planning. We’re doing our comprehensive plan now and those numbers are important as far as how we’re going to plan for the next 10, 20 years, etc. And then the grants, grants that we apply for and we’ve been getting some grants lately. A lot of these are based on the population and what the information that the census gathers. Some grant opportunities are evidence-based funding, which all of that data comes from the census. Also, for the state of Georgia, they get their federal money to fund the grant pot that we apply for, comes from the census that we collect in order to allocate money to Georgia. So, it’s important for Georgia and Milton to get the accurate count so that we can divvy up all these things accurately. Real quick, I have one slide on all of the work we’ve been doing. So, back in 2017, as you can see, we had a resolution in November to say that we were going to participate in the census and participate in the local update of the census addresses which we worked on between ’17, ’18, ’19 to make sure the census bureau had all of the accurate address for Milton to be able to do the count Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 10 of 58 10 10 and send the letters out and so on. In that project, we were able to submit an additional 2,376 addresses that they did not have. There was also another program that we worked on closer to the census, which ended October of 2019, which was to submit any new construction permits and so on for homes that we thought would be finished by April of 2020. And so, we submitted that. It was like 300 plus new address there. And then, I’ll get to a slide where we’re talking all of the things that we are doing this year, that we did and will do for September. Our communication and engagement folks have been very helpful with coming up with strategies to get out to folks the information to increase our response rate for the census. So, we’ll talk about that a little bit. So, here is a map of the census response rate for the City of Milton. This is available on the website. So, right now, today, when I checked it, our self-response rate for City of Milton is 72.2 percent You’ll see the different census tracks on here. I went ahead and just put the response for two of the census tracks. I couldn’t fill this map up too much. That darkest blue, which looks almost black, is responding at 87 percent total for that census track. So, that’s really good. All of the darker blues are above 75 percent. So, those are a good responding. We do have a low responding census track here, which is along 400, Windwood Parkway, Deerfield, Morris Road, etc. And that census track is responding at 48.3 percent. So, we really need some more response in that area. And I’ll pick on that area a little bit when I go into the projects. But I just wanted us to see where we were with that. Now, back in 2010, Milton’s self-response rate was the same as right now. It was 72.2. So, we actually have just met our previous response rate from 2010. I just threw in on the slide there, the other cities in our area and what they’re doing. But we don’t need to mention them. So, here’s the TSPLOST that was approved back in 2016. Basically, this whole funding mechanism – You see Alpharetta’s on there, John’s Creek, Milton, Mountain Park, etc. Divvying up all of the money is based on the population. So, it says what the population for each of these cities are. So, that’s how they allot the money. And they’re just taking that number from the census. So, if you have an accurate count, this really helps. And if we have an accurate response rate than the rest of the folks, it really helps even more. Just wanted to let you know this. And this just shows that Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 11 of 58 11 11 it’s a piece of the pie. We’ll get what we get based on the count. So, I did say I was going to pick on that census tract that wasn’t responding. So, we have TSPLOSTs projects in there, as you can see, along – Which one is that? Morris Road widening and then we have a project on Windwood Parkway. And we’re waiting on collecting all of those funds through TSPLOSTs and, of course, other funding mechanisms. But being a low responding area, if we had more counts, we’d probably have more of the proportion of that dollar amount for these projects. Also, we just concluded our trails prioritization plan. We have all of these wonderful projects in the Deerfield area that we want to do. We have different tiers and it’s all based on funding. Of course, we’re using additional funding, impact fees, and so on. But some of the funding in TSPLOST and sales tax and whatever we can use. The quicker we can get the funding it will be better. So, if anyone is out there in this area and you like these projects, you should fill out your census so that we can get those counts. This is just a summary just to take part in the census, all the dollars we’ll be missing out. So, this is what I wanted to get at, it is getting the residents counted. Like I said, our communication and community engagement staff has been working really hard on this September with weekly updates. We posted this on our website that folks can see it, have a presence as soon as you go to the website. Social media, we’ve been doing that weekly. Also, getting into the Harold, and the Neighbor, and the Patch newspapers. Talking with the school boards, teachers. We sent letters out to our kids’ school, and teachers, the principals. Also, the faith-based folks. We want them to spread the word. We have signs that are going out. Census signs are already out. You’ve seen those around. I also put the census on our upcoming community engagement for the comprehensive plan. That was Greg’s idea, thanks Greg, to go ahead a put a link to the census on there. So, those signs are out there, and we’ll be able to capture those folks who are interested in comprehensive planning can go ahead and, hopefully if they haven’t filled their census out, they can do so. We’re also making calls and emailing businesses, HOAs, the apartment complexes, and civic organizations. Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 12 of 58 12 12 We’re working with the census personnel to see how we can combine efforts. We allowed the census folks to use our community place to do training. And they concluded the training about two or three weeks ago. So, they’ve been going door-to-door through the month of September to get folks counted. But again, we want people to go online and go ahead and self-respond. Let’s see, we have flyers that we’re putting out at gas stations and stores. We got Chick-Fil-A to commit to give out information at the Chick-Fil-A lines. So, that’s a lot of people, right, at that Chick- Fil-A line at lunch. So, that was a really good idea. That was Anita’s idea. We’re going to have specific to the Deerfield corridor to include a digital sign out there. Also, I think it's on the 15th, I forget which day, we’re going to have COVID testing. So, we’re going to have signs – Yeah, September 15 at Stone Creek Church. So, over in that area, during that COVID testing, we’re going to have signs and flyers and hopefully a presence out there to help push the response in that area as folks come out there to get tested. We’re going to have our firefighters help us spread the word. I don’t know if you know or remember when the Fulton County had their challenge for doing a video, our firefighters came in second. So, we see that that’s a good idea to use our firefighters to help get that word out. Also, we’re challenging our inspectors and other folks who go out into the field to mention the census whenever we do that. Also, the library is doing a – at the book drop-off, they’ll have signage and so-on there. Oh, at the upcoming public safety event, we’re going to mention the census. So, folks who come out and that’s also in Deerfield. So, that’s a good place to mention it. And then we’re going to helpfully hold a neighborhood popsicle event to cap this all off. So, if you guys think of anything else that we haven’t thought of, or just encourage folks to sign up. Also, folks who maybe they signed up, but their neighbors didn’t sign up and census workers are out, you can let the census worker know what’s going on. Like, how many people are in that house, or what have you. I had somebody with census come up my driveway. Somebody in my neighborhood didn’t respond. Just get the word out. This is the last push to get census out. So, the main thing, the message we want to send is you can still respond online or via Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 13 of 58 13 13 phone or send in the mail. You don’t have to wait for folks to come out to knock on your door. And everyone can play their role in the 2020 Census by encouraging their friends and family to participate. Any questions we have? Mayor Pro Tem: Any questions for Michelle? Alright, thank you. Michele: Okay, so great. So, hopefully this will help folks at home to sign up for the census. Thank you so much. Mayor Pro Tem: Thank you. Will the City Clerk please sound the final presentation item? 3. Presentation of Lighting Proposals for Hopewell Road at Hamby Road and Hopewell Road at Thompson Road Roundabouts. (Presented by Robert Drewry, Public Works Director) City Clerk: The final item is presentation of lighting proposals for Hopewell Road at Hamby Road and Hopewell Road at Thompson Road Roundabouts. Mr. Robert Drewry. Robert: Good evening. Mayor Pro Tem, Council. Back in February we made a presentation to you about the lighting for the two roundabout projects. At that time, we didn’t really have good costs. We’re at the point now where we do have some good costs. So, I’m going to go through a rather short presentation to kind of explain what we’re looking at as far as the lighting and the cost there-in. And hopefully by the end of this presentation, we’ll be able to get some sort of a guidance from the council. In February we did make the presentation. The consensus that came out of that, if you haven’t gone back and listened to the meeting, is in favor of some decorative lighting. There were some favorable responses to put in some decorative lighting. Of the decorative lighting I think the consensus was those shepherd hooks. So, if you recall at that presentation, we presented this slide, this is existing lighting options that do occur in the City of Milton and the shepherd hook is the one on the far right. I should have numbered these, and I did not, but the two middle ones are typically pedestrian lighting. And for what we’re going to light up, Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 14 of 58 14 14 they’re really not applicable to roundabouts. But the three on left we’ll talk about a little bit and the shepherd hook on the far right. So, these are lighting options that do exist in the City of Milton. This slide shows you those two roundabouts, Hopewell at Thompson and the upper right being Hopewell at Hamby, the lights basically on the routes as you’re approaching those intersections. You see each individual dot is an existing light. Typically those lights – I just went dark. Okay. Thank you. So, each one of those dots are lights that exist out there now. And typically those lights are either those cobra head lights with the mast arm or some sort of a spotlight. So, as you’ll see when you approach these intersections, there are some dark areas in here. Hamby is dark before you approach Hopewell. And it looks like Thompson at Bell Memorial Park is fairly dark, of course. When there’s games on, that area’s lit up pretty well. But that gives you an idea of some of the existing lights that are out there. So, what we’ve done is we’ve approached Georgia Power. These two roundabouts are served by power by Sawnee. Sawnee does not provide the decorative hooks, so we went to the Georgia Power Lighting, it is a separate group from Georgia Power, and received proposals from them. We’re going to get into those costs. But the proposal’s based on this lighting arrangement. You see Thompson and Hopewell has 14 of the shepherd hook lights. And Hopewell and Hamby, there’s nine of the roadway shepherd lights. This will meet the lighting standard. If you recall, at the February meeting we did introduce to you the Georgia DOT standard on illuminations. This will meet those illuminations standards. Georgia Power pretty much does that for every lighting event they have. So, that gets you an idea of the lighting proposed. And the cost for those decorative lights, and we’ll try to describe this as best I can. The mouse is not working on your screen, so I’ll try to walk through this a little bit. We received bids for the construction of those roundabouts. In those bids, we did get costs for the contractor to install the shepherd hooks lights. And these are the costs that came out of those bids. Thompson, the upfront cost is $130,000. Hamby, the upfront cost is $90,000. The meter is a monthly cost, the power. And that’s Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 15 of 58 15 15 based on the current cost we have for those types of lights. So, it’s $140 a month. And there is a service fee if the contractor installs these lights. If the lights go out, or if they have problems, or a car hits it, the City of Milton would have to pay for those repairs. That’s if the contractor installs the light. Also, in that bid, we do have good prices for underground work. That’s the conduit the contractor will have to put into the ground. So, the conduit installation for Thompson is $52,000. And the conduit installation for Hamby is $41,000. The Georgia Power proposal which was given to us is slightly different and it’s based on the same lighting plan that I showed you. The initial cost is $83,464 at Thompson and $53,000 and some change at Hamby. For Georgia Power, there would be an agreement, if we chose to go with that option. I’ll present to the council at a future meeting an agreement with Georgia Power to install these lights. And that would be a monthly service charge of $350 a month for Thompson and $225 a month per light for Hamby. But that is total repair costs if the lights go out, if it’s hit by a car. Milton would pay nothing. That’s included in that monthly cost. So, to sum that all up, it’s expensive to install these decorative lights. But they do give you a nice product. And it seemed to be the consensus the city council wanted to go. The other option we did bring up in our February meeting is more of a minimal approach, similar to that what we have at Providence and Freemanville Roundabout. It’s, for the most part, putting a flood-type light on an existing timber pole. And these would be served by Sawnee. Costs are very minimal, about $500 per pole. It depends on where we lay out the polls and how many polls we’re going to need. It probably wouldn’t meet the standard we try to design by for the Georgia DOT, but it would provide some light at that roundabout. Much less cost. Install cost is almost insignificant. And the annual cost, if you see in the middle of this slide, is anywhere between $16-26 a month per pole. So, it’s substantially less. But that is an option. And I said, we do have that at Providence and Freemanville Roundabout. Earlier today I did do a spreadsheet that I think you were provide a copy of that kind of outlined the cost. I think I costed it out for a 12-year period. The initial cost, first year cost for Hopewell/Thompson if the contractor installs is $185,000. If Georgia Power installs, it’s $140,000. At Thompson and Hamby, Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 16 of 58 16 16 the initial cost is $133,00 and some change. And Georgia Power installed would be $97,000, over $97,000. I am seeking some guidance tonight because we are ready to award the contract for construction. And before we award the contract, we need to know if we’re going to include lighting in that award or not. Actually, I’m hoping to present at the next meeting the bids for construction. So, we’re asking for some guidance. It’s council’s choice of which direction you want to see Milton light up. There is some ideas to keep consistence throughout the City of Milton, not like the Crabapple area. You’ve got the high-profile pedestrian lighting in the Crabapple area. These being a little further outside the city limits. Any questions? Mayor Pro Tem: Questions for Robert? Laura? Laura: So, are the only place that the shepherd’s crooks are currently, that are not in Crabapple, that’s Providence at Birmingham between 72? Robert: Yes, that is correct. Laura: If those fixtures are knocked over, are they replaced by DOT or us? Robert: That’s a good question. I don’t know the answer. I don’t know if we have a lighting agreement with Georgia Power on those or not. Laura: So, in Crabapple, do the shepherds crooks – Have they gotten hit? Robert: Not on – Yeah, we did actually. We had one hit at the roundabout when I first got here there was one that was hit. I believe Milton paid for that, if I’m not mistaken. City Manager: I believe you’re correct, Robert. We went after the insurance company for it, but I believe we were the ones who initially laid out the money for it. Laura: And was the price, did I miss that. How much do those fixtures cost? Is that in the analysis? The upfront cost of buying the shepherds – Robert: Yes, ma’am. It’s the slide that’s in front of you. The upfront cost if Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 17 of 58 17 17 the contractor installs or the upfront cost if we go through an arrangement with Georgia Power. Laura: Okay. So, that include labor and the product. Robert: And the materials, yes ma’am. Laura: And, my last question is for the spotlight, what we’re utilizing at Providence and Freemanville, that roundabout, you said that that’s not to DOT standard. Is there a way to bring it to standard using those spotlights? Robert: It’s difficult. It can be done but then you’re putting in a lot of timber poles in and along and around the roundabout. And, of course, it’s not decorative. But it can be. It’s a little bit more difficult because it’s a different kind of light. Laura: Can you co-locate them on a pole in different directions? Robert: Yes, ma’am. Laura: Thank you. Mayor Pro Tem: Carol? Carol: Would you repeat that last part, the Sawnee available lighting option and the cost. Robert: Okay, the slide is up in front of you. Sawnee can install these poles and the lighting at a very minimal cost. The monthly cost is $16 a month for the smaller wattage. And 400 watts is $26 a month per pole. I think we have two poles at Freemanville and Providence that have lights attached to them. I think one pole may have two lights, as you talked about co-locating. If we can’t find an existing pole to put it on, we’ll have to drop a timber pole to at least get some lights up. Carol: So, how many poles would we need. How many shepherds’ crooks versus regular poles? And which would give sort of some light but not light it up like Walmart? Robert: The shepherd light proposal that we have was done by Georgia Power Lighting per their standards. We haven’t done that Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 18 of 58 18 18 application to design the layout for the timber lights, for the minimal approach. We would have to hire a lighting engineer to kind of help guide us through where the good location for those poles would be. So, I don’t have a cost for that. Like I said, it’s significantly less. It doesn’t give you, obviously, the decorative look. But I don’t have a cost for that. It’s substantially less, though. Does that answer your question? Carol: It does. Are we doing anything decorative in these roundabouts? City Manager: The only roundabout that we have, so far, is Birmingham and Providence that has those shepherds’ hooks. Everything else, I think has those lights here in front of us. Carol: So, I’m all about things that look good but I’m also all about the people’s money because we’re all people. So, I would be interested in what that cost is because – Are you all stuck on the shepherd’s thing? I think it’s kind of overdone and kind of – Laura: So, rural to me is you used the word minimal. And I see these roundabouts back into the more rural areas. And I am fine with the way – and this is my opinion – the way Providence and Freemanville looks. Of course, our number one goal, I think I can safely say, is safety. I don’t think anyone wants the lights shining in anyone’s you know – But in the more rural areas, I think just it blending in without – Carol: I think we need to see those numbers. It can look kind of cutesy with the shepherds crook and your kind of equestrian thing, and that’s kind of sheepish. Joe: Well, I was going to ask, in terms of what we have today, was any of it covered under a form-based code or a part of some kind of code that we already put it in place. What drove the choices where the shepherds crook is currently in use? Robert: That’s a little bit outside of my knowledge – Joe: Because how do we make that decision one day and then we turn around and we make a different decision another day. I’m not sure I understand what’s driving that. Rick: That shepherd’s hook, the only one is on that Birmingham and – Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 19 of 58 19 19 That might have been a DOT thing. Robert: I was going to say, that was a DOT project. Joe: Alright, that makes sense, then. So, it was a choice outside of our – Laura: They paid for it. Robert: And I would like to add, too, I failed to mention this earlier in the presentation, but all the upfront costs, install costs would be TSPLOSTs. It would be funded by the M&O. The Maintenance and Operation budget would fund the monthly service cost and power cost. Rick: On the monthly cost, Robert, is that per intersection or is that per light? The 350 and the 225? Robert: That would be per light. Rick: So, the cost of power – Robert: No, forgive me. My apologize, it’s per the arrangement they provided. So, it’s 14 lights for Thompson is 350 a month and 225 for Hamby is for nine lights. Thank you, I apologize for that. Rick: Versus the $16 per lights and multiply that out for 12 months times infinity? Okay. Robert: Correct. Mayor Pro Tem: And you said the upfront cost for the Freemanville – Providence type poles are like $500 per pole. Is that about right? Robert: That’s typically what we pay for driving a pole. Mayor Pro Tem: So, we use about the same poles that’s 14 plus 12 times five, pretty much, that’d be close to what our upfront cost would be? Robert: That’s close. There’s going to be some existing poles out there we could use, as well. Mayor Pro Tem: So, that pretty much saves 100 grand. More than 100 grand. I’m all about saving money, I think. This probably makes sense. Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 20 of 58 20 20 Laura: I think the citizens would rather see us put the money into a park. Because if you go home, look at Providence and Freemanville, and to me, that’s what a rural roundabout. Carol: I think the over-lit thing is weird. Robert: Thank you. I’ve got our guidance. I appreciate that. Mayor Pro Tem: Thanks, Robert. Alright, moving on. Will the City Clerk please sound the first presentation items? FIRST PRESENTATION City Clerk: The item is consideration of an ordinance of the Mayor and Council of the City of Milton, Georgia to adopt amendments to the Fiscal Yar 2020 budget for each fund of the City of Milton, Georgia. Amending the amounts shown in each budget as expenditures. Amending the several items of revenue anticipations, prohibiting expenditures to exceed appropriations and prohibiting expenditures to exceed actual funding available. Agenda Item No. 20-248. Second item is the consideration of an ordinance of the Mayor and Council of the City of Milton, Georgia to adopt the Fiscal 2021 Budget for each fund of the City of Milton, Georgia, appropriating the several items of revenue appropriations, prohibiting expenditures to exceed appropriates and prohibiting expenditures to exceed actual funding available. Agenda Item No. 20-249. Our third item is consideration of an ordinance to amend Chapter 4, Section 138, promotion and sales of alcoholic beverages of the code of the City of Milton. Agenda Item No. 20-250. Our fourth and final item is the consideration of an ordinance to amend Chapter 2, Division 4, Section 2-390, transfer of disposition of assets, notice of the code of the City of Milton. Agenda Item No. 20-251. Mayor Pro Tem: Alright, thank you. Is there a motion on the first presentation items? Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 21 of 58 21 21 Rick: Mr. Mayor Pro Tem, I make a motion that we accept the first presentation as read. Laura: Second. Mayor Pro Tem: Alright, I have a motion for Councilmember Mohrig and a second from Councilmember Bentley to approve the first presentation items as read. Is there any discussion? All in favor please say Aye. Councilmembers: Aye. Mayor Pro Tem: Opposed? Alright. And moving on to our public hearing. Will the City Clerk please sound the first item? Motion and Vote: Councilmember Mohrig moved to approve the First Presentation items. Councilmember Bentley seconded the motion. Mayor Joe Lockwood and Councilmember Moore were absent from the meeting. The motion passed (5-0). PUBLIC HEARING City Clerk: The first item is consideration of the issuance of an alcoholic beverage license to W & H Star Group, Inc. at 13085 Highway 9, Suite 440 in Milton, Georgia. Agenda Item No. 20-252. Ms. Bernadette Harvill. Bernadette: Good evening, Mayor and Council. This evening, you have before you an alcohol beverage license request for W & H Star Group doing business as Ume Sushi and Hibachi off Highway 9 for consumption on premises of wine and malt beverages. The applicant is in compliance and staff recommends approval. Mayor Pro Tem: Thank you. Alright. Will the City Clerk please sound the next public hearing. City Clerk: Next item is consideration of the ordinance of the Mayor and Council of the City of Milton, Georgia to adopt amendments to the Fiscal Year 2020 Budget for each fund of the City of Milton, Georgia, amending the amounts shown – Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 22 of 58 22 22 Mayor Pro Tem: Ken? Ken: I do think that we do need to hold a public that’s at least announced. Mayor Pro Tem: Oh, okay. So, on my script – So, we’re not voting on this tonight, correct? City Clerk: Just the alcohol. Mayor Pro Tem: Oh, we are voting? City Clerk: Just the alcohol, not the amendments. Mayor Pro Tem: Oh, okay. Ken: Yeah, you would be voting after the public hearing. Mayor Pro Tem: Alright, is there any public comment? Ken: Typically, there would just be a notation of I’m opening the hearing and then asking for public comment and there being none, just to make note of it on the record. Mayor Pro Tem: Okay. So, we are voting on this right now, correct? City Clerk: Just the alcohol beverage issuance. But we will not be voting this evening on the public hearings regarding the budgets. Mayor Pro Tem: Okay, got it. But on Agenda Item 20-252, we’re going to vote on that, right now? Okay. Is there a motion? Laura: Mayor Pro Tem, I’d like to make a motion to approve Agenda Item 20-252. Carol: Second Mayor Pro Tem: Ken, are you good with that? Ken: I am, Mr. Mayor Pro Tem. Mayor Pro Tem: Alright, I have a motion from Councilmember Bentley and a second from Councilmember Cookerly to approve Agenda Item Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 23 of 58 23 23 20-252. Any discussion? Alright, all in favor please say Aye. Councilmembers: Aye. Mayor Pro Tem: Opposed? Alright, thank you. City Manager: My apologies for that. That was a mistake in our agenda preparation. Mayor Pro Tem: All good. City Manager: That wasn’t yours. Motion and Vote: Councilmember Bentley moved to approve Agenda Item No. 20-252. Councilmember Cookerly seconded the motion. Mayor Joe Lockwood and Councilmember Moore were absent from the meeting. The motion passed (5-0). Mayor Pro Tem: Will the Clerk please sound the next public hearing item. City Clerk: Consideration of the ordinance of the Mayor and Council of the City of Milton, Georgia to adopt amendments to the Fiscal Year 2020 Budget for each fund of the City of Milton, Georgia, amending several items of revenue anticipations, prohibiting expenditures to exceed actual funding available, and discussion regarding additional occupational tax revenue received. Agenda Item No. 20-248. Ms. Bernadette Harvill. Bernadette: Good evening, again. Tonight, we’ll be discussing the request included in the Fiscal Year 2020 Amendment No. 2 packet. As you will recall, we went over a brief highlight of these amendments at the August 10 work session. Tonight, I’ll go into a little more detail on the amendments that are before you this evening. You can see in the summary shown that the revenue anticipations are increasing by $1.9 million. This is an overall increase of $545,857 from the original adopted budget. We will go over the key drivers of this increase in just a moment. Moving down to the expenditures. You will see a decrease of $132,739 outlined in Amendment No. 2’s column in the grey. T his is an overall decrease of $640,003 from the original adopted Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 24 of 58 24 24 budget. When you take transfers out to capital into consideration. The main drivers of this decrease from the original adopted budget include salary and benefit savings as a result of position vacancies, cost savings on purchases, as well as project deferrals. At the end of the year, there is a projected fund balance of $10,064,525, which is in line our required reserve policy and takes into consideration of surplus fund balance and FY 2021, which we will discuss in the public hearing regarding the proposed FY 2021 budget in a moment. Milton has been fortunate that although revenues have been impacted, the impact has not been as severe as originally anticipated as a result of COVID-19 and some of the closures to some businesses we have seen. I would like to highlight a couple of the revenue line-items that have been impacted in our request for changes in this amendment. First, Title Ad Valorem Tax, House Bill 779 effectively increased the portion of TAVT revenues that will be allocated to all cities across Georgia. This went into effect in July. And we are anticipating an increase of $103,785 to this line item. Intangible Tax has been coming in higher than anticipated as a result of the increase of real estate loans being issued. You will see a request to increase this line-item by $220,099. Local Option Sales Tax has been impacted but, again, not as severely as we originally anticipated. The increase here of $545,270 will yield an overall anticipated collection of $8.6 million for FY 2020, which is approximately 9 percent less than we originally anticipated with the $9.4 million that was originally projected. The final request I would like to highlight with the revenues is the $520,868 transfer in from the revenue bond fund. This is to cover bond eligible expenses made on the construction of the Public Safety Complex before the bonds were issued in October. This is a one-time revenue that will not recur next year. And we’ll be talking about this again later this evening. Before we move on to the expenditure amendments, I would like to take a minute to discuss Occupational Tax Revenue. State law requires that a public hearing must be held whenever revenues exceed those collections in a previous fiscal year. Even with the impacts of COVID-19, Milton’s Occupational Tax Revenues are expected to exceed those of the collections from FY 2019. As in Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 25 of 58 25 25 years past, any collections beyond our budgeted anticipations that have already been allocated will go into surplus fund balance to be used on non-recurring projects in future years. So, it’s just a requirement that we discuss that option and have a public hearing regarding it. Moving on to the expenditures, over the departments, there is a $213,482 decrease related to salary and benefit savings related to those vacancies we discussed. So, I won’t take you line-by-line through them, they are all in the packet. But that is the total. There are two items I would like to point out related to staffing included in this request. First are the summer intern program. It has been a success. The positions were originally requested in the City Manager department, but upon implementation of the program, it was deemed a more appropriate fit for the positions to report to Community Outreach and Engagement and the manager in that department. A request to move these two budgeted positions will carry over into the FY 2021 budget as Community Outreach and Engagement seasonal employees should you approve this amendment this evening. And the deputy clerk position has been vacant. And there has been a request to reclassify the position to that of a records clerk. Again, the reclassification savings will carry over into FY 2021, as well. Other requests of the expenditure lines include a reduction to professional fees in the City Manager department in the amount of $70,000. COVID-19 caused a delay to the process, so these funds will be reallocated in FY 2021. You will see a similar request in the Public Works department related to the citywide traffic count and speed study. This project is underway, but it will carry over into FY 2021. So, a reduction in ’20 moving into a request in ’21. Information Services has identified that the city can delay the transition to the Voice Over Internet Protocol Technology, which comes with a savings of $53,000, as well as a delay in the purchase of scanner equipment in the amount of $14,000. You will see an increase to the medical supplies line-item, which will be offset by anticipated revenues related to the CARES Act funds. And that will be in the Fire Department, at the very bottom there, $26,250. And unfortunately, camp Joyful Souls had to be canceled this year. And you will see in the Parks and Recreation Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 26 of 58 26 26 Active department corresponding decreases to the line-items related to the program. And finally, regarding the highlights for the expenditures, you’ll see a release of the FY 2020 contingency funds to the balance of some of the requests that we’ve just gone over, as well as a transfer out to the Capital Projects Fund to fund improvements to the passive acres of the former Milton Country Club, to fund the difference related to the bid for the city’s comprehensive plan, as well as a creation of a new account in the Passive Parks Department that will set aside money to address improvements needed at passive sites that do not currently have a master plan. An example of this might be the dam repairs on Lackey Road. So, anything that might come up, so you guys can address those items, we will allocate those funds as you approve those projects. So, that covers all of the requests in the general fund for Amendment No. 2. There are a number of requests of two of the special event funds, and you’ll see them right here. First, we have the special revenue fund for special events. As you are aware, the pandemic has had a great impact on our ability to host some of Milton’s beloved annual events. Community Outreach and Engagement Manager Courtney Spriggs and I went through the line-items to release funds related to cancellations, as well as some of the costs savings she had for some of the events held earlier this year. These funds will go towards funding events in FY 2021. As you know, we were having an impact to our one local hotel, so these funds will be able to help fund those events without having to get a transfer in from general fund. Event by event details are available in the presentation included in tonight’s packet. But I won’t go over them right now in any kind of detail, unless someone has any questions. The confiscated assets fund has had a request to recognize revenues received in the amount of $25,732, as well as identified as eligible for purchase related to confiscated assets in the amount of $21,433. So, as police identify projects that are eligible, we allocate the funding towards those. Here we’ll move on to the Capital Projects Fund. The main driver of revenue increase to the Capital Projects Fund is that transfer in from the General Fund we talked about in the amount of $393,336. Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 27 of 58 27 27 Staff has identified areas of cost savings that we’ll see on the next slide related to software purchases within Finance and Information Services in the amount of $202,824. Those monies have been released towards other project requests. We also have the savings from the construction of City Hall in the amount of $46,266, which will go towards funding the request of $92,000 to purchase a portable generator for City Hall, as well as the necessary electrical work related to using the generator. We have here on the next page, that account we just talked about, the site improvements for passive parks, the total including that transfer in is $215,000 set aside to be able to be utilized for some of the passive sites, as well as $250,000 specific to the passive acres at former Milton Country Club to continue the progress on the phased Master Plan objectives, and $45,000 to assess and address repairs needed to the dam on Lackey Road property. Moving on to the Green Space Bond fund, there’s a request related to property tax collections, as well as interest revenue anticipations, and a [inaudible] [01:04:18] to recognize funding related to debt service due. In the TSPLOST fund, you’ll see a revenue amendment related to investment income. As you know, interest rates are down, and we are seeing lower than anticipated collections across all the funds and investment income. You’ll also see the allocation of $2 million from the fund balance. 100 percent of all collections in this fund must be spent on projects approved through the referendum or any authorized changes made to the project plan. The recommendation for the Birmingham Middle Bridge has been completed and a replacement – Sorry, they have recommended a complete replacement of the bridge. So, funding is being allocated for this project in anticipation of increased costs from the original project plan. In the Capital Grant Fund, you will see revenues related to a grant awarded to the Fire Department for the exhaust extractor systems at Stations 41 and 43. Additionally, GDOT has closed the books on the intersection improvements at Birmingham and Providence. Construction expenses were lower than originally anticipated. And the city’s received a reimbursement of $85,523, which will be transferred back to the General Fund as operating funds were originally used to fund this portion of the project. Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 28 of 58 28 28 And last, but not least, we have the Revenue Bond Fund. They’ve also experienced a decrease in anticipated investment income. There is a reduction of $920,868 to the Public Safety Complex project, of which $520,868 is going to go back to refunding the General Fund for expenses made before the bonds were issued as we discussed earlier. And $400,000 will go towards the fire station alerting system, which was approved in the bond issuance. I just had to create a new project line-item for that. And that is the end of the Amendments for FY 2020. And, should nothing else change, it should be the final amendment for FY 2020. Mayor Pro Tem: Alright, thank you. So, I’m now going to open the public hearing. Is there anyone here to speak in favor or opposition? Okay. So, I will close the public hearing. And that’s it. If we will go on to the next agenda item. City Clerk: The third item is consideration of an ordinance of the Mayor and Council of the City of Milton, Georgia to adopt the Fiscal 2021 Budget for each fund of the City of Milton, Georgia, appropriating the several items of revenue appropriations, prohibiting expenditures to exceed appropriations, and prohibiting expenditures to exceed actual funding available. Agenda Item No. 20-249. Ms. Bernadette Harvill. Bernadette: Okay. Now, we’ll move on to the FY 2021 proposed budget. The detailed draft can be found on the city website. The communications director, the graphic designer and I are working on some final enhancements to the bells and whistles of the book, but all the substantial numbers should not change from here on out. And, as a matter of fact, nothing has really changed since the last discussion we had. So, I will continue to do an abbreviated presentation this evening. I just wanted to show the calendar once again, so everyone knows the steps we went through. Staff started back in May discussing long range planning and interim goal setting as we’re working towards our new strategic plans. Many of the requests are based on interim goals that stand alone, regardless of the larger strategic plan so we can get the city continuing towards some of the goals we've talked about. We’ve had request for M & O and operating capital items come in from all the departments. Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 29 of 58 29 29 We’ve discussed them at length with each department head and then our city manager, assistant city manager, and myself got together and looked over the priorities according to all of our city planning documents and made some decisions. And final decisions were made by the city manager in this proposed document this evening. We went over, in great detail, all of the requests back on August 10 and hearing on the 9th for the first public hearing. And according to state law, we’ll have a second public hearing on the 21st. And should you approve it, a vote that evening. So, here I just have our consolidated fund summaries. This kind of shows all of the requests across all of the budgeted funds for this year. And you can see that our city has a citywide budget of $41.9 million when you exclude any of the transfer outs because any transfer outs will zero each other out in balance across the citywide consolidated budget. Of course, the main driver of our budget is our General Fund at that $31 million number. Now, we’ll move on into our General Fund, which is the main driver of the city’s budget. So, again, there have been no material changes made since the conversation back on the 10th. We did remove the transfer in from the Capital Projects Fund. So, overall anticipated revenues are now $29,511,367 for Fiscal Year 2021. The overall decrease for revenues stands at 3.3 percent with the largest impact coming from one-time interfund transfers from the Revenue Bond Fund that we just went over that will not recur in FY 2021. There have been no changes to the operating expenditures from our conversation back on the 10th. There is a slight decrease of $43,146 to the operating transfer out category. This yields an overall request of $31,140,044 in operating expenditures, or a 6 percent variance year over year. I would like to momentarily return to the discussion we just had surrounding FY 2020’s adopted budget. The original budget for FY 2020 was $31,603,756. Of this, $26,709,238 went toward operating expenses, excluding the transfers out. The FY 2021 proposed operating budget, excluding transfers, represents an 8 percent decrease from that original adopted budget in 2020 or a budget savings of $2 million. The request seen here include a budgeted use of surplus fund balance. And please know that those surplus funds can only be used for one-time expenses and will go Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 30 of 58 30 30 towards funding the transfers to the Capital Projects Funds that you can see right here at $6.6 million. Additionally, in this request is an adjustment to salaries of 3 percent which will total $250,626. A transfer out of $1.6 – $1.7 million to the Revenue Bond Fund for debt series due on Bond Series 2019, which will be funded through general operating funds. And now, I’m going to skip through the department-by-department variances. I have all the documents here if we need to discuss them. But I’m going to skip down to the M & O Operating initiatives – Sorry, Maintenance and Operating initiatives. Included in this operating request that we just discussed is all of these initiatives at $422,606. $200,000 of which will be set aside to address year one initiatives that come out of the strategic planning process that our citizens, our staff, our council, and all our stake holders will be a part of. There is a request to staff Station 44 at the end of the fiscal year. Public Works has requested funding for a pilot street sweeping program for areas in the city with curb and gutter. They’re also looking to obtain a backhoe and dump truck. Here we have the related maintenance and insurance that these purchases will save the city some money versus continued rentals of the equipment with a break-even in year seven and four, respectively. Community Development has also identified some savings by bringing the Soil and Erosion Control manager in house and is looking to reclassify the Planning Technician to Planner 1, enabling staff to handle more projects in-house and further reducing expenses related to consultants. Since we’ve discussed the Special Revenue Funds and the Capital Projects ongoing in great detail, I’m going to now skip down to the Capital Initiatives. Here again, we have the cost to purchase the backhoe and dump truck at $238,000 total. And the truck for the Soil and Erosion Control manager at $35,485. And again, we have the actual cost to purchase the public works equipment. So, this would be an overall savings after year four and seven. So, those are all the requests related to the FY 2021 proposed budget. I’d be happy to go over any of the details, should you like to. Mayor Pro Tem: Alright. Thank you. I’m now going to open for the public hearing Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 31 of 58 31 31 if anyone’s here to speak in approval or opposition. Do we have any? Alright, I will close the public hearing. And we will move on to the next item. City Clerk: Our fourth item is consideration of a resolution transmitting a draft capital improvements element, known as a CIE, 2020 annual update relating to the city’s Impact Fee program, to the Atlanta Regional Commission for Regional and State review. Agenda Item No. 20-253. Mr. Parag Agrawal. Parag: Mayor Pro Tem and City Council Members, today we are here in front of you to initiate a public hearing to transmit the Capital Improvement Element annual update for 2020 to the Atlanta Regional Commission for Regional review and to the state for state review. As per the state law, every community that has the Impact Fee program in place, they have to update their Capital Improvement Element every year. And basically, what this annual update does, it basically updates the list of capital projects which are funded through the Impact Fee program. Today, we also have Bill Ross here with us from Ross and Associates. Bill is basically the founding founder of the Impact Fee program for City of Milton and he will tell us a bit more about the changes that have been made in this annual update. Bill: I’m Bill Ross with Ross Associates. He just said everything I was going to say. Annual report, you’ll see it every year, has to go to the state. Public hearing is required to send it on in for review for your constant annual recertification. If there’s any questions at all or if anything comes up in the public hearing, I’ll be happy to answer. Mayor Pro Tem: Thank you. I know we’re going to vote on it later tonight. So, I want to open the public hearing. Is there anyone here to speak in favor or in opposition? Alright, I will close the public hearing. Alright, moving on to our Zoning Agenda. Will the City Clerk please read the zoning rules and sound the zoning items? ZONING AGENDA City Clerk: When the Mayor and City Council consider a zoning agenda, the Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 32 of 58 32 32 following rules apply: Those zoning agenda items include rezoning petitions, modifications to zoning, use permits, and associated concurrent variances. In addition to ordinances, resolutions, and text amendments. I would like to acquaint you with some of the rules and procedures for this meeting. The applicant and all those speaking in support of an application will be allowed a total of 10 minutes to present the petition. The opposition will also be allowed a total of 10 minutes to present its position. If time remains, the opposition will be allowed to rebut. Our first zoning item is consideration of RZ20-10 to amend Section 64-1, definitions as it relates to the creation of temporary consumer fireworks retail sales facilities. Agenda Item No. 20-229. Next is the consideration of RZ20-11 to amend Section 64-775, Use Regulations C1, community businesses, as it relates to the creation of temporary consumer fireworks retail sales facilities. Agenda Item No. 20-230. The third item is consideration of RZ20- 12 to create 54-1608.1, temporary consumer fireworks retail sales facilities administrative use permit. Agenda Item No. 20-231. The fourth item is the consideration of RZ20-12, to amend Article XIX, Crabapple Form Based Code Definitions Article 6.1 as it relates to the creation of temporary consumer fireworks retail sales facilities. Agenda Item No. 20-232. Our fifth zoning item is consideration of RZ20-14 to amend Article XIX, Crabapple Form Based Code Article 5, Table 9 as it relates to the creation of temporary consumer fireworks retail sales facilities. Agenda Item No. 20-233. Our sixth item is the consideration of RZ20-15 to amend Article XX, Deerfield Form Based Definitions Article 6.1 as it relates to the creation of temporary consumer fireworks retail sales facilities. Agenda Item No. 20-234. Our seventh and final zoning item is the consideration of RZ20-16 to amend Article XX, Deerfield Form Based Code Article 5, Table 10 as it relates to the creation of temporary consumer fireworks retail sales facilities. Agenda Item No. 20-235. Mr. Parag Agrawal and Ms. Robyn MacDonald. Robyn: Good evening Mayor Pro Tem and City Council. Thank you for giving this opportunity for the Community Development Department to present this series of text amendments. I hope it didn’t scare you with all the items. Hopefully, I can explain it all and make sense and not have to deal with it for too long. Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 33 of 58 33 33 So, the primary purpose of these text amendments is to create a separate administrative permit solely for temporary consumer fireworks retail sales facilities. The Planning Commission at its June 22 meeting unanimously approved the text amendments after a lengthy deliberation. The city attorney and the fire marshal worked closely with us, with staff for the creation of these text amendments and they were also present at the planning commission to be able to answer any of their questions and give input as needed. In addition, we’re asking you to consider cleanup of the administrative permit of seasonal business use to include limited form-based transect zones. The following slides are a short description of each text amendment and how they contribute to the overall goal described above. So, I’d like to compare to the ingredients of baking a cake. So, we have several different ingredients that in the end is creating what we need to enforce this new administrative permit. Under RZ20-10 it is to amend the definitions of the zoning ordinance. And we’re proposing a couple of new definitions. And the first one would be temporary consumer fireworks retail sales facility. So, it defines it as, “Is used primarily for the retail display and sale of consumer fireworks to the public. Excluded from this definition is any non-structural consumer fireworks retail sales facility.” Another new definition is non-structural retail fireworks consumer sales facility as, “Created to be an excluded use in all zoning districts.” So, basically, this is a description, or a definition of a trailer towed by a motor vehicle or a tent canopy or membrane, any thin flexible or foldable layer of material used to block sun, wind, or water structure in which consumer fireworks are offered for sale to the public. So, this is what we do not want at all within the city. It’s somebody threw up a tent or brought in the back of their truck and started selling fireworks. That is not permitted at all within the city. A text amendment – Well, let me preface that. We have the definition once we were working on what needed to be done. We need to bring forward a section of the zoning ordinance uses prohibited in all zoning districts and that’s what that definition or Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 34 of 58 34 34 that term will be put into that section and the upcoming zoning cycle. So, in a couple months, you’ll just see one independent text amendment that’s a leftover of these fireworks set of amendments. And then within the definition of roadside vending, it excludes temporary consumer fireworks retail sales facility. Going on to RZ20-11, this is to amend the C1 zoning district. Basically excludes temporary consumer fireworks retail sales facility from that zoning district. Also, staff notes that there are only a handful of locations zoned C1 within the city, primarily the Birmingham Crossroads, which has C1 within all four corners. So, that would be excluded or not allowed to have sales of temporary fireworks facilities in C1. Going on, under RZ20-12, to amend section 64-1609. This is the section that’s cleaning up the seasonal business use. When we did all the additions of the form-based code, we did not include the Crabapple Form Base Code, T5, and Deerfield Form Base Code T5 and T6. So, examples of that would be the Christmas tree stands at Home Depot or pumpkin sales. I think they did that at the corner by the CVS at Bethany Bend and 9. So, that’s a different administrative permit. We’re just cleaning it up. Okay, to the guts of it, to the flower of the cake, shall I say. RZ20- 12 creating 64-1609.1, temporary consumer fireworks retail sales facilities. And so, just want to talk about primarily where we’re proposing to allow it to happen is within Crabapple form area is the T5. And, as you can see, the very dark purple is T5 right here at the intersection on the east side of Birmingham Road down to the west on the north and there’s a little piece to the south, I believe where the pizza shop is and a few offices. And then if you want to go further west, the linear area along Arnold Mill. I would like to say most of that linear area, except below Green Road, has been developed with residential, as well as much of the T6 has already been developed with mixed-use. And on to the Deerfield Form Based Code, we're proposing allowing this new administrative permit for the temporary sales facility to be in T5 and T6. So, let’s look at the Deerfield area down by Windward and Highway 9. T5 is the lighter of the purple here along – it’s a linear area along Highway 9 up to Bethany Bend to where the CVS is. And then T6 which is all of Deerfield Office Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 35 of 58 35 35 Park, Verizon, that area. And then let’s look to the south. Sometimes we forget about North Main Street. But we do have a section of that area that is T5 and there is a brand-new self-storage here on the front on the northside of Highway 9, as well as there’s a mixed-use shopping center to the south. And there’s a tiny little undeveloped piece over here, a little bit to the east. So, these are the areas that we’re proposing to allow this temporary fireworks facility. Along with looking at where it can be located, we’re creating development regulations that include design standards dealing with color. We’re requiring it to be either white or off-white. The size of the structure shall be no larger than 800 square feet and 15 feet in height. I believe the 800 square feet is driven by the state fire code. The signage, maximum 24 square foot banner. And there is some signage that is required by the state fire law that needs to be on the facility, as well. And then, further required distance from other temporary consumer fireworks retail sales facilities, typically, we’ve only had one in the past few years at Fourth of July. Agricultural related uses, such as farms, equestrian, and veterinarian facilities, and healthcare facilities. So, I forgot to write down there that it’s within 300 feet. Those are the development standards or requirements for this administrative permit. So, in regards to RZ20-13 and 20-15, Crabapple and Deerfield Form Base Code definitions, we have separate definitions within those sections of the code. But after further considerations, these were no longer needed. And we’re asking council to recommend withdrawal of RZ20-13 and RZ20-15 at the time that you make your votes. So, we’ll go back to RZ20-14, to amend Crabapple Form Base Code Table 9. So, I don’t know if you’ve ever seen or looked at it, but we have a big grid with all the different uses that are permit in the different transect zones. And instead of going through the whole table and including every kind of administrative permit and use permit, we just put a statement at the top of that table stating that, “Go to the administrative and use permits to see what is permitted in the transect zone – in the form based codes. So, within our ordinance, whether it’s use permits or administrative permits, Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 36 of 58 36 36 there’s a section that talks about what is permitted by zoning district. So, therefor, that’s just a short line that goes on each, the Crabapple Form Based Code, as well as the Deerfield Form Based Code. Same issue with RZ20-16. So, with that, I would be open to any questions you may have, or comments, or suggestions. Mayor Pro Tem: Questions for staff? Rick? Rick: Just a question in the Deerfield area, I think that’s one of the areas that we’ve seen these facilities go up every year, right on the corner of CVS. Does this preclude this, or does this now allow them to still do the same thing, but it has to be a white building within the standards. Robyn: Correct, the later that you said. Rick: Okay, so all these different areas, the dark purple, they could in fact put up stands. Robyn: Right, correct. Rick: Okay. Mayor Pro Tem: Laura? Laura: So, for example, Thompson and Hopewell, that’s zoned historic where the – Robyn: Correct. Laura: Okay, so, we don’t need to prohibit temporary stands there, or do we? Robyn: So, we kind of had used our belt and suspenders. And all those C1 that we excluded it. But if you look at the actual verbiage of RZ20- 12, it states at the top of the administrative permit, it says, “Required districts: Crabapple –” at this point. I mean, this is up to you all. “Crabapple Form Based Code T5 Transect Zone, Deerfield Form Based Code T5 and T6 Transect Zones. Not allowable elsewhere.” So, stating within this administrative permit, it’s only allowed in the form-based code areas. Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 37 of 58 37 37 Laura: What you just listed, what you just said? Robyn: Correct. Laura: So, it’s not in T4, it’s not in T4 Open? Robyn: Correct. It’s in T5 for Crabapple, which is the highest transect zone. It’s in T5 and T6 in Deerfield, which is the top two highest categories. Laura: Okay, thank you. So, we’re covered by specifying that. One thing that I observed on the use that’s currently taking place is camping, overnight stays – Robyn: Camping, you said? Laura: Mm-hmm. So, can we add something about –? Robyn: That no overnight camping or overnight stays? Sure. Mayor Pro Tem: What’s that in regards to? Laura: So, the stand that was located at the CVS, so one year, they stayed overnight. Mayor Pro Tem: Oh, okay, the fireworks people? Okay. Laura: So, if we could include – Parag: Do you want to include some hours of operations or something like this? Robyn: There are hours of operation already exist, 8 a.m. to 8 p.m. Parag: So, that would be covered by – Robyn: But I think what she’s saying is people – They do that a lot of times with Christmas trees, as well, they’ll stay overnight. So, we could just say, “No overnight stay permitted.” Mayor Pro Tem: If it’s on the property – Does the property owner – Is that not allowed? Doesn’t the property owner – Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 38 of 58 38 38 Robyn: I mean, I guess it could be part of their lease or their rental agreement. But we can’t really control what – Mayor Pro Tem: That’s what I was wondering if that could even be controlled. Carol: They might worry about theft. It’s an open thing. Ken: Members of the Council, let me offer up that we might want to take a look at this to see if other Milton regulations already prohibit that conduct as opposed to possibly making it part of this ordinance. I suspect there are. I mean, that just seems on its face to possibly offend some things I can think of. Robyn: So, I haven’t really looked at it – City Manager: I don’t know it off the top of my head, but we’ll look into it. Ken: Right. But rather than making new code up on the fly, it might be best, if this is an issue, we can certainly address it, but I think it may already be addressed. Laura: Thank you. Mayor Pro Tem: Any other questions? Joe: So, Robyn, let’s say we pass all these things. You compared this to being all the ingredients you needed to make a cake. What is the ultimate benefit for the city? We’ve got more control over exactly what’s going on? Robyn: Correct. Joe: Okay. So, let’s pretend for a second that the control we really wanted to exert is to not allow these types of operations, either permanent or temporary. Does it give us the power to do that? Robyn: Again, we cannot exclude it, I don’t think. Ken: Councilmember Longoria, we looked at that quite a bit. There was really no way to do that effectively without putting within the same confines a lot of activity that is generally perceived as acceptable in Milton. So, we did the best we could, and this was based upon Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 39 of 58 39 39 my guidance. Joe: I don’t want to be argumentative, Ken. Did we pass ordinances that essentially prohibited the sale of vaping products in the City of Milton and prohibited having vape shops in the City of Milton? Ken: I believe so. Joe: So, selling fireworks is different in what way from that type of retail operation? Ken: I think the problem is that the ability to have a roadside sales environment is something that is, in a lot of ways, fits into sort of a bucolic character of Milton. You know, the roadside vegetable stand, the roadside – Listen – Joe: No, no, I agree with you. The challenge that we have and one of the things that is causing me difficulty is that we routinely talk about the fact that Milton is an equestrian city as well a rurally themed city. We could go down the list of those things. But the fact is we do have a lot of horses in Milton. And we’ve got a lot of property that’s devoted to horses. And fireworks and horses just don’t mix. We spend time communicating before the Fourth of July, before Memorial Day, before all these different dates, please don’t fire fireworks between these times or in these areas and those kinds of things. And so, I find it interesting that we’re not taking more proactive steps to restrict that even further. Ken: You’re now delving into use and the General Assembly has – Joe: No, no. I get it. Using the fireworks, it doesn’t matter where they bought them. And we can’t control that because that’s a state- controlled thing. I mean, it’s like, again, getting back to my vaping example, people can still go buy vaping products or Alpharetta or in Roswell and use them here in Milton. We didn’t outlaw the use. But we stood up for what we believe is correct and prohibited the sale within city limits. Ken: Right. But neither of those products – I mean, the General Assembly has been fairly clear. They have not completely dominated the field with respect to firework regulation, but they have certainly shown an interest in it as opposed to, say, vaping, which they have shown very little interest in. So, I do think there Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 40 of 58 40 40 are differences with respects to the two sorts of products. I think Milton has done a very good job of attempting to really address, in almost an iron-clad way, all of the negative attributes, the garishness, all of the things that a lot of folks find distasteful about those facilities. Joe: So, then is it fair to say, Ken, that these changes get us in a position of as much control as is possible? And gives us the flexibility to deal with this to the extent that we can? Ken: I agree with that. Because that was the charge that I was given by your staff. And that’s what I’ve attempted to do and guide your staff on. So, yes, Councilmember, I agree with you. Mayor Pro Tem: Rick? Rick: I guess to say it a different way, what you’re telling us is there’s no way – I know we can’t prohibit retail sales in Walmart and different existing shops. But as far as a temporary stand, we can’t just totally say, “No fireworks, temporary fireworks stands.” Ken: I could not get comfortable with that conclusion, correct. Parag: Even if we are allowing these temporary stands in some locations, we do have design standards in place so that A: we are limiting the locations where they can go. And second, we are trying to put some design standards in place. Even if they go, they would have to look the best possible stands possible. Mayor Pro Tem: And to go on your point, and I totally agree with both of you, but if we put all these design standards on all these fireworks stands [inaudible – crosstalk]. Laura: Especially if they can’t spend the night there and watch their inventory. I mean, that’s why they’re staying there. I appreciate just reiterating – I got a lot of comments, “Why wouldn’t you just ban this all together?” I know it’s frustrating, especially for the equestrians in the community to be able to have these stands. But if this is the closest we can get to making it something that’s not an easy thing to come here and do, I think this is an improvement. Mayor Pro Tem: Tammy, is there any public comment on any of these agenda items? Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 41 of 58 41 41 City Clerk: No. Ken: Yeah, that’s a great question Mayor Pro Tem. And this is something I do need to jump in. So, what Ms. MacDonald did, it made good sense, was to give you an omnibus presentation under one agenda item. So, that’s great, but not so fast. So, I do think what needs to happen, Mayor Pro Tem, you need to just, as you did, ask for the public hearing with respect to Agenda Item 20-229, close it, because the clerk needs to make a note that everyone, we had an open and closing the public hearing. I think this will be quick but forgive me for having to go through it that way. But I think she needs to sound the item, ask for the public comment. Ms. MacDonald’s presentation will be the same for each on, let the record reflect – Mayor Pro Tem: So, pretty much just read my script the way it says. Ken: Is that what it says? Mayor Pro Tem: Just through each one. City Clerk: Do you want me to reread the item? Ken: Sorry? City Clerk: Do you need the item reread? Ken: The first agenda item? No, I don’t need the first agenda item. But I do need 2, 3, 4, 5, the rest of them. So, right now, all we need to do is ask for any public comment, see if there’s any, if not shut it down, read the next item, same thing. Mayor Pro Tem: We’ll vote on each one? Ken: Correct. Mayor Pro Tem: Okay, got it. So, we’re on Agenda Item No. 229. Since there’s no public comment, we will close the public hearing. And I will open it up for a motion. Joe: Mayor, I approve that we approve the Agenda Item No. 20-229. Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 42 of 58 42 42 Rick: Second. Mayor Pro Tem: Alright, any discussion on the motion? All in favor of approving – I’ve got to read this right. I don’t want to mess it up, Ken will get me in trouble. Alright, we have a motion to approve RZ20-10 to amend Section 64-1 Definitions as it relates to creation of temporary consumer fireworks and retail sales facilities. All in favor, please say Aye. Councilmembers: Aye. Motion and Vote: Mayor Pro Tem Peyton Jamison moved to approve Agenda Item No. 20-229. Councilmember Longoria seconded the motion. Mayor Joe Lockwood and Councilmember Moore were absent from the meeting. The motion passed (5-0). Mayor Pro Tem: Opposed? Okay. The City Clerk will sound the next item. City Clerk: The second item is consideration of RZ20-11 to amend Section 64- 775, use regulations C1 as it relates to the creation of temporary consumer fireworks retail sales facilities. Agenda Item No. 20-230. Mayor Pro Tem: Alright, is there any public comment on this? City Clerk: There’s not. Mayor Pro Tem: Okay, so I will close the public hearing and open it up for a motion. Laura: Mayor Pro Tem, I’d like to make a motion to approve Agenda Item No. 20-230. Carol: Second. Mayor Pro Tem: Alright. I have a motion from Councilmember Bentley, a second from Councilmember Cookerly to approve RZ20-11 to amend Section 64-775, use regulations C1 as community business as it relates to the creation of temporary consumer fireworks retail sales facilities. Any discussion? All in favor please say Aye. Councilmembers: Aye. Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 43 of 58 43 43 Mayor Pro Tem: Opposed? Okay. If the Clerk – Motion and Vote: Councilmember Bentley moved to approve Agenda Item No. 20-230. Councilmember Cookerly seconded the motion. Mayor Joe Lockwood and Councilmember Moore were absent from the meeting. The motion passed (5-0). City Clerk: The third item is consideration of RZ20-12 to create 64-1608.1, Temporary Consumer Fireworks Retail Sales Facilities Administrative Use Permit. Agenda Item No. 20-231. Mayor Pro Tem: Is there any comment? City Clerk: There are none. Mayor Pro Tem: Alright, so I will close the public hearing and open it up for a motion. Rick: Mr. Mayor Pro Tem, I make a motion that we approve Agenda Item No. 20-231. Joe: Second. Mayor Pro Tem: Alright, I have a motion from Councilmember Mohrig, a second from Councilmember Longoria to approve RZ20-12 to create 64- 1608.1, Temporary Consumer Fireworks Retail Sales Facilities Administrative Use Permit. All in favor please say Aye. Councilmembers: Aye. Mayor Pro Tem: Opposed? Okay. Motion and Vote: Councilmember Mohrig moved to approve Agenda Item No. 20-231. Councilmember Longoria seconded the motion. Mayor Joe Lockwood and Councilmember Moore were absent from the meeting. The motion passed (5-0). City Clerk: The fourth item is consideration of RZ20-13 to amend Article XIX, Crabapple Form Based Code Definitions Article 6.1 as it Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 44 of 58 44 44 relates to the creation of temporary consumer fireworks retail sales facilities. Agenda Item No. 20-232. Mayor Pro Tem: Any public comment? City Clerk: There are none. Mayor Pro Tem: Alright, I’ll close the public hearing. I’ll open it up for a motion. Laura: Mayor Pro Tem, I’d like to make a motion to withdraw Agenda Item No. 20-232. Mayor Pro Tem: Is that correct? Okay. Second? Is there a second? Joe: Second. Mayor Pro Tem: You good with that? Carol: So, staff’s recommending 13 and 15 be withdrawn? Joe: Right, when I said earlier that we want to approve them all, I got myself confused. Okay, I stand by my second. Mayor Pro Tem: So, that’s withdrawn. So, I have a motion from Councilmember Bentley, a second from Councilmember Longoria to withdraw RZ20-13 to amend Article XIX Crabapple Form Based Code Definitions Article 6.1 as it relates to the creation of temporary consumer fireworks and retail sales facilities. All in favor? Councilmembers: Aye. Mayor Pro Tem: Opposed? Okay, next one. Motion and Vote: Councilmember Bentley made a motion to withdraw Agenda Item No. 20-232. Councilmember Longoria seconded the motion. Mayor Joe Lockwood and Councilmember Moore were absent from the meeting. The motion passed (5-0). City Clerk: Our fifth item is consideration of RZ20-14 to amend Article XIX, Crabapple Form Based Code Article 5, Table 9 as it relates to the creation of temporary consumer fireworks retail sales facilities. Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 45 of 58 45 45 Agenda Item No. 20-233. Mayor Pro Tem: Alright, any public comment? City Clerk: There are none. Mayor Pro Tem: I’ll close the public hearing and open for a motion. Laura: Mayor Pro Tem, I’d like to make a motion to approve Agenda Item No. 20-233. Carol: Second. Mayor Pro Tem: Okay. I have a motion from Councilmember Bentley and a second from Councilmember Cookerly to approve RZ20-14 to amend Article XIX, Crabapple Form Based Code Article 5, Table 9 as it relates to the creation of temporary consumer fireworks and retail sales facilities. All in favor, please say Aye. Councilmembers: Aye. Mayor Pro Tem: Opposed? Next one. Motion and Vote: Councilmember Bentley made a motion to approve Agenda Item No. 20-233. Councilmember Cookerly seconded the motion. Mayor Joe Lockwood and Councilmember Moore were absent from the meeting. The motion passed (5-0). City Clerk: The sixth item is consideration of RZ20-15 to amend Article XX, Deerfield Form Based Code Definitions Article 6.1 as it relates to the creation of temporary consumer fireworks retail sales facilities. Agenda Item No. 20-234. Mayor Pro Tem: Okay, any public comment? City Clerk: There are none. Mayor Pro Tem: Alright, I’ll close the public hearing and open for a motion. Laura: Mayor Pro Tem, I’d like to make a motion to withdraw Agenda Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 46 of 58 46 46 Item No. 20-234. Joe: Second. Mayor Pro Tem: Alright, I have a motion from Councilmember Bentley, a second from Councilmember Longoria to withdraw RZ20-15 to amend Article XX, Deerfield Form Based Code Definitions Article 6.1 as it relates to the creation of temporary consumer fireworks retail sales facilities. All in favor, please say Aye. Councilmembers: Aye. Mayor Pro Tem: Opposed? And the next one. Motion and Vote: Councilmember Bentley made a motion to withdraw Agenda Item No. 20-234. Councilmember Longoria seconded the motion. Mayor Joe Lockwood and Councilmember Moore were absent from the meeting. The motion passed (5-0). City Clerk: Our seventh and the final zoning item is consideration of RZ20-16 to amend Article XX, Deerfield Form Based Code Article 5, Table 10 as it relates to the creation of temporary consumer fireworks retail sales facilities. Agenda Item No. 20-235. Mayor Pro Tem: Any public comment? City Clerk: There are none. Mayor Pro Tem: I’ll close the public hearing and open for a motion. Laura: Mayor Pro Tem, I’d like to make a motion to approve Agenda Item No. 20-235. Rick: Second. Mayor Pro Tem: Alright, I have a motion from Councilmember Bentley, a second from Councilmember Mohrig to approve RZ20-16 to amend Article XX, Deerfield Form Based Code Article 5, Table 10 as it relates to the creation of temporary consumer fireworks retail sales facilities. All in favor, please say Aye. Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 47 of 58 47 47 Councilmembers: Aye. Motion and Vote: Councilmember Bentley made a motion to approve Agenda Item No. 20-235. Councilmember Mohrig seconded the motion. Mayor Joe Lockwood and Councilmember Moore were absent from the meeting. The motion passed (5-0). UNFINISHED BUSINESS (None) NEW BUSINESS Mayor Pro Tem: Opposed? Okay. And since there are no items under unfinished business, we will move on to our new business items. Will the City Clerk please sound the first item. City Clerk: Consideration of a resolution transmitting a draft Capital Improvements Element 2020 Annual Update relating to the city’s impact fee program to the Atlanta Regional Commission for Regional and State Review. Agenda Item No. 20-253. Mr. Parag Agrawal. Parag: Mayor and City Council Members, today we have a resolution in front of you to transmit the annual update of the Capital Improvements Element to the Atlanta Regional Commission for the regional review and to the Department of Community Affairs for the state review. As I mentioned, it is the state law that every community that has an Impact Fee program in place, they have to update the Capital Improvement Element on annual basis. Apart from this, our department is launching a new project that will basically update our Impact Fee ordinance next year. So, again, that will basically look at the new capital projects that could be funded through the Impact Fee programs and how we could incorporate more flexibility into the city’s program. But the resolution that is in front of you is basically our annual update, CIE update that should be transmitted to the ARC and to the DCA. Mayor Pro Tem: Alright, thank you. Any questions for Parag? Is there any public Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 48 of 58 48 48 comment? City Clerk: There are none. Mayor Pro Tem: Okay, I’ll close the public hearing on that. I’ll open it up for a motion. Rick: Mr. Mayor Pro Tem, I make a motion that we approve Agenda Item No. 20-253. Laura: Second. Mayor Pro Tem: Alright, I have a motion from Councilmember Mohrig and a second from Councilmember Bentley to approve a resolution transmitting a draft Capital Improvement Element 2020 Annual Update relating to the city’s Impact Fee program to the Atlanta Regional Commission for Regional and State Review. Is there any discussion on the motion? All in favor, please say Aye. Councilmembers: Aye. Mayor Pro Tem: Opposed? Okay. Will the City Clerk please sound the next item? Motion and Vote: Councilmember Mohrig made a motion to approve Agenda Item No. 20-253. Councilmember Bentley seconded the motion. Mayor Joe Lockwood and Councilmember Moore were absent from the meeting. The motion passed (5-0). City Clerk: Consideration of an amended emergency ordinance of the Mayor and Council of the City of Milton, Georgia under Section 3.18 of the Charter of the City of Milton, Georgia to provide the operation of the City of Milton, Georgia during the public emergency known as the Novel Coronavirus Disease 2019 Global Pandemic, to become effective upon adoption by the council, to supersede the existing emergency ordinance and for other purposes. Agenda Item No. 20-254. Mr. Ken Jarrard. Ken: Mr. Mayor Pro Tem, Members of the Council, thank you very much. You have quite a bit of experience with respect to this particular ordinance at this point. You may recall that the city council originally adopted an emergency ordinance in March of Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 49 of 58 49 49 this year, March 16 to be specific. I don’t know what number of this version that we are on, but it’s been quite a few. As the City Charter requires, we adopt these in 30-day increments, which is appropriate. We have to continually reassess. And what we have sort of contended our self as doing, and many local governments have done the same, is to run our state of locally declared emergency coterminous with the governor’s statewide declaration of emergency, which was in fact continued and will run from September 10th until October 10th of 2020. And so, it is my recommendation just to have a sort of belt and suspenders approach to how Milton operates that we do the same. I will tell you, members of the council, that as this ordinance was originally conceived, it was quite robust. Milton has taken a very pro-business sort of outlook with respects to use of our emergency powers to address businesses that have been negatively impacted by COVID-19. And while we had a lot of different sorts of relieve measures in some of the earlier iterations of the ordinance, we’re now down to basically just two, which is the continued allowance of to-go malt beverage and wine sales of restaurants with consumption on premise licensure, as well as certain additional signage opportunities for retail businesses. That’s really all we’re doing. We’ve, obviously, put in place our reopening plan for some months, now. It is my recommendation, however, that we continue to run coterminous with the statewide emergency. I feel like there is little downside – or a lot of upside, little downside to continuing to do that. So, that is my recommendation, Mr. Pro Tem. Mayor Pro Tem: Alright. Any questions? Any public comment on this, Tammy? City Clerk: There are none. Mayor Pro Tem: I’ll close the public hearing and open it for a motion. Carol: Mr. Mayor Pro Tem, I move that we approve Agenda Item No. 20- 254. Rick: Second. Mayor Pro Tem: Alright, I have a motion from Councilmember Cookerly, a second Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 50 of 58 50 50 from Councilmember Mohrig to approve an amended emergency ordinance of the Mayor Pro Tem and Council of the City of Milton, Georgia under Section 3.18 of the Charter of the City of Milton, Georgia to provide the operation of the City of Milton, Georgia during the public emergency known as the Novel Coronavirus Disease 2019 Global Pandemic to become effective upon adoption by the council to supersede the existing emergency ordinance and for other purposes. Any discussion? All in favor, please say Aye. Councilmembers: Aye. Mayor Pro Tem: Opposed? Okay. Moving on to our final new business item, will the City Clerk please sound the item. Motion and Vote: Councilmember Cookerly made a motion to approve Agenda Item No. 20-254. Councilmember Mohrig seconded the motion. Mayor Joe Lockwood and Councilmember Moore were absent from the meeting. The motion passed (5-0). City Clerk: It’s the approval of a subdivision plat and revisions. The name of the development is 15060 Freemanville Road, Land Lot No. 554 and 555. It’s a final plat with eight lot subdivision with gated private street, a total acres is 24.58 and it’s a 0.325 density lot per acer. Parag: Mayor Pro Tem and City Council Members, before we make a presentation on this final plat, I would like to introduce you to the newest member of the department, Traci Wise. She is the line development manager in our department, in place of Melissa who left us a few months back. Traci is a landscape architect. She has more than 10 years of experience working in the private sector. She has a strong focus on customer service. Everyone in the City of Milton already loves her. She is responsible for issuing the land development permits and reviewing and issuing all the plats. On a side note, she’s also the twin sister of Tammy. And basically, they were discussing today how can Traci take over Tammy and how can Tammy take over Traci’s position. But anyway, it’s her first presentation to the City Council. So, we have a small Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 51 of 58 51 51 presentation to discuss the plat and how it meets all the city code requirements. Traci: Thank you Parag. I’m happy to be here tonight. The entire staff has been very welcoming since I’ve gotten. So, I’m happy, and proud, and thrilled to be a part of the team. Tonight, we’re going to present to you a final plat. It’s been a while, I understand, since we’ve presented a final plat to the City Council, I think, due to COVID and those types of things. As a reminder, if a plat contains more than four lots, then it’s considered a final plat and is presented to the City Council for approval. So, this is Deerhaven Preserve. It is a final plat. We can do the next slide. It is a final plat with an eight-lot subdivision with gated private street on 24.58 acres with a total density of .325 lots per acre. It is located off of Freemanville Road, highlighted here, just south of White Columns Drive. The plat, itself, is eight lots that range in size from two acres to 4.66 acres. To take a closer look, this is a gated subdivision. Deerhaven Lane is a single private road that has a 50-foot access utility easement with 24-foot-wide pavement and rollback curbing. The plat does meet sight-distance requirements and there are local and state buffers on the property, but the plan does meet all of our codes. This, again, is just the summary of the site info. The zoning is AG1. And I’ll be happy to answer any questions if there are any. Mayor Pro Tem: Any questions before public comment? Go ahead, Laura. Laura: I just want to make a comment, especially, I would love if the properties that own this, this was part of a farm and they sold this off. So, very happy to see three-acre subdivision lots, which is phenomenal in the market we’re experiencing now in Milton. What they forwent to have a large lot subdivision. So, maybe we could have a special day for people who do stuff like this. But it’s wonderful and what Milton’s all about. Mayor Pro Tem: Absolutely. Any other questions? Alright, any public comment? City Clerk: There are none. Mayor Pro Tem: Alright, I will close the public hearing and open it for a motion. Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 52 of 58 52 52 Laura: Mayor Pro Tem, I’d like to make a motion to approve Agenda Item No. 20-255. Rick: Second. Mayor Pro Tem: Alright, I have a motion from Councilmember Bentley, a second from Councilmember Mohrig to approve Agenda Item No. 20-255. Is there any discussion? All in favor, please say Aye. Councilmembers: Aye. Motion and Vote: Councilmember Bentley made a motion to approve Agenda Item No. 20-255. Councilmember Mohrig seconded the motion. Mayor Joe Lockwood and Councilmember Moore were absent from the meeting. The motion passed (5-0). Mayor Pro Tem: Opposed? Alright, thank you. Alright, I’ll move on to Council Reports. There is one item that I’d like to talk about and tell the citizens. As many of you know, the Georgia Department of Transportation is considering building a four-leg mini-roundabout in Birmingham Crossroads, specifically where Birmingham Highway intersects with Hickory Flat and Birmingham Roads. This is a GDOT project, so it is not funded or controlled by the city. Still, we do want our residents to have the opportunity to voice their opinions. They can do so by going to our City of Milton website. At the homepage, scroll to the bottom, click on the word news and there you can review the GDOT information and have access to the GDOT weblink for you to submit your comments, questions, or concerns. It’s important that there is a very limited time for people to leave a comment. In fact, Friday is the last day. So, if you have an opinion, please go on to the GDOT website very soon. I know that’s an important project that we have going on and I’m glad that we are trying to get as much information out there to the citizens. Any other council reports? Alright. We will move on to staff reports. Public Works? STAFF REPORTS Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 53 of 58 53 53 Department Updates 1. Public Works Robert: Good evening, again, Mayor Pro Tem and Council. Thank you for bringing that up, Mayor Pro Tem, because that was one of the items that I wanted to bring up to you is the closing period for the comments. So, thank you for doing that. As I mentioned earlier, we do have bids – we’ve opened bids for the construction of the roundabouts at Thompson and the roundabout at Hamby and hope to be presenting that to you at the next council meeting for award. And we’ve also opened bids up for the Public Works Maintenance and Operations contract. And that should be presented to you, as well, at the next City Council meeting. Road resurfacing and road reconstruction is finally going to be underway fairly soon. We’re expecting them to begin probably within the next couple of weeks. We will post on social media any travelling impacts that will be out there. And there will be some, particularly when they’re working on Hopewell and Providence. You did mention the comment period, thank you. The bid for the repair of Saddle Spring’s box culvert is now out on the streets. So, we’ll be presenting that to you in four, five, or six weeks, something to that extent. That’s a pretty big project, as well. Right-of-way permits, we issued 14 right-of-way permits for the month of August. Two of those were driveways, residential driveways. And 12 of those were right-of-way permits for work within the right-of-way. And Maintenance, we only had 84 work orders. I say only 84 because that’s actually kind of low for what we’re used to getting. We usually average about 100, 115. Most of those were potholes and sign issues. We did have some debris and trash removal scattered throughout Milton. And we did have eight dead animals, I know you like hearing that. So, that concludes my report. If you have any questions, I’d be glad to help you answer them. Mayor Pro Tem: Any questions? Alright. Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 54 of 58 54 54 Robert: Thank you very much. Mayor Pro Tem: Chief? STAFF REPORTS Department Updates 2. Fire Fire Chief: Good evening, Mayor Pro Tem and Council. Just a few items. The fire administration has moved into the new Public Safety Complex on the admin side. We’re getting settled in there. The station is not ready to move into yet. We’re still waiting for the station alerting system to be finalized, that project, so we can alert the firefighters of a call. So, once that occurs, Engine 42 will move to Station 44 and we’ll leave the rescue at Station 42 until we decommission that station. This way, all our facilities have a unit in there and firefighters available for response. Once that station is decommissioned, Rescue 42 will then move to Station 44 and we’ll realign our zones through dispatch for the quickest unit response to make sure that we have proper coverage. With that, we’ve started our design on Station 42 with Croft and Associates. We’ve already had about four meetings. We have another one on Monday. So, we’re excited about that project moving along as quickly as it is. And, Georgia Firefighters Standards and Training has done their annual review of our department. They look at the fire department, the station, the apparatus, as well as all our training records. And once again, we got a perfect score. So, we’re pretty proud of that. And we completed our ISO review last month. And we expect to have our new rating within six to eight months. They’re a little bit behind. Everything’s virtual, so it takes a little bit longer for them to go ahead and process that. We’re hoping that we maintain or at least improve our rating from a Class 2. And on Friday, September 11, since the COVID and there’s no real ceremonies for 9/11, we are going to do – each fire station, Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 55 of 58 55 55 firefighters going to raise the American flag to half-staff at 8:46 in the morning. We’ll get pictures of that. And we’ll be doing that at Station 44, as well along with the Police Department. And that’s all I have tonight. If you have any questions, I’d be happy to answer them. Mayor Pro Tem: Thank you. Rick? Rick: Just one quick question. We’ve been kind of sharing, I guess, with Alpharetta, the ladder truck is housed at their station. Is that moving over to 44 also? Fire Chief: Not until next year. We had an agreement with them, and we’ve talked to them. This started three years ago when we started the project and when we were designing it and all of that. They asked that we give them time to fill that void that will be created by that ladder truck. So, they asked if we could keep that there until July of ’21. They’ve already started the design of their new ladder truck. They’re going to put a new truck in there because of the Avalon area, they need to keep a ladder or an aerial apparatus there. So, they’re doing that. And they have to hire additional personnel as well. Rick: Okay. Thank you. Mayor Pro Tem: Laura? Laura: When is the move-in? When will that equipment be ready for move-in? Fire Chief: As soon as that station alerting system is completed. I’m hoping in the next two weeks. They started testing this morning. They did run into a few problems. I’m hoping in the next two weeks. It was supposed to be last Friday. But we ran into a couple glitches and we’re working through that. But that’s the most important piece is that we have the alerting so we can alert our firefighters. Carol: Congratulations on your perfect score. Well done. Fire Chief: Thank you. It’s not me. It’s the crew. Carol: Well, it is you but it’s the whole group. Congratulations to all. Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 56 of 58 56 56 Fire Chief: They do great work and maintain great records and we’re really proud of that. So, we’ve had a perfect score for as far as I can remember. Carol: I know. That’s very good. Mayor Pro Tem: Thank you. Fire Chief: Thank you. STAFF REPORTS Department Updates 3. Economic Development Mayor Pro Tem: Sarah? Sarah: Good evening, Mayor Pro Tem and Council. I have just a few things to tell you about what we’ve been up to. We’ve actually been able to host two outdoor events at Broadwell Pavilion while maintaining the appropriate CDC recommendations. We had the Chamber’s Chairman Circle after-hours event and then also the Milton Business Council had their first after-hours event last week. And tomorrow, weather permitting, we’re going to do it on the plaza outside. We’re going to have our launch, which is the bi- annual even where we invite our businesses that are two years old or less to come to City Hall and meet city staff and the Milton Business Council and the North Fulton Chamber. So, that’s tomorrow. We are also planning on having our Meet Me in Milton on October 17th out on the green. We’re going to do a movie. So, again, to attempt to keep people away from each other. And then, very exciting, we got final confirmation at the end of August that Phillips Healthcare, they had an expansion of 88 new jobs with an average of $100,000 salary over in the Deerfield area. Mayor Pro Tem: Any questions for Sarah? Thanks, Sarah. Sarah: Thank you. Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 57 of 58 57 57 Mayor Pro Tem: Alright, I need a motion to adjourn into Executive Session to discuss land acquisition, personnel, and potential litigation. Rick: So moved. Mayor Pro Tem: Alright, I have a motion, second. All in favor, please say Aye. Councilmembers: Aye. Mayor Pro Tem: Opposed? EXECUTIVE SESSION Motion and Vote: Councilmember Mohrig moved to adjourn into Executive Session to discuss potential litigation, personnel and land acquisition. Councilmember Bentley seconded the motion. The motion passed (5-0). Mayor Joe Lockwood and Councilmember Moore were absent from the meeting. Joe: Where is that going to be? RECONVENE Mayor Pro Tem: Good question. I have a motion from Councilmember Mohrig, second from Councilmember Bentley. All in favor, please say Aye. Councilmembers: Aye. Mayor Pro Tem: Opposed? Alright, can I get a motion to adjourn? Motion and Vote: Councilmember Mohrig moved to reconvene into the regular city council meeting. Councilmember Bentley seconded the motion. The motion passed (5-0). Mayor Joe Lockwood and Councilmember Moore were absent from the meeting. Regular Meeting of the Milton City Council Monday, September 9, 2020 at 6:00 pm Page 58 of 58 58 58 ADJOURNMENT Rick: Motion to adjourn. Carol: Second. Mayor Pro Tem: Alright, I’ve got a motion from Councilmember Mohrig, second from Cookerly. All in favor, please say Aye. Councilmembers: Aye. Mayor Pro Tem: Opposed? Good night. Motion and Vote: Councilmember Mohrig moved to adjourn the city council meeting at 8:08 pm. Councilmember Cookerly seconded the motion. The motion passed (5-0). Mayor Joe Lockwood and Councilmember Moore were absent from the meeting. Date Approved: October 19, 2020 __________________________________ _____________________________ Sudie AM Gordon, City Clerk Joe Lockwood, Mayor