HomeMy WebLinkAboutMinutes - CC - 05/10/20211
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Regular Meeting of the Milton City Council
Monday, May 10, 2021
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CALL TO ORDER
Mayor Lockwood: I would like to call the Regular Meeting of the Milton City Council
for Monday, May 10a', 2021 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, then please bring your
comment cards to the City Clerk as soon as possible. While the
Milton rules allow a speaker to turn in their comment cards up
until the Clerk calls the agenda item, once the agenda item is called
no more comment cards will be accepted.
And if our City Clerk will call roll and make general
announcements.
City Clerk: Good evening Mayor and Council, I will be happy to call roll for
the May 10, 2021 regular meeting. I would like to remind those in
attendance to please silence all cell phones 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. Your comment card must be presented to the
City Clerk prior to the agenda item being called. 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.
Please review tonight's agenda and if you would like to make a
comment please bring your comment card to me now.
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. As I call roll this evening please confirm your attendance.
Mayor Joe Lockwood.
Mayor Lockwood: Here.
City Clerk: Councilmember Peyton Jamison.
Mr. Jamison: Here.
City Clerk: Councilmember Paul Moore.
Regular Meeting of the Milton City Council
Monday, May 10, 2021
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Mr. Moore: Here.
City Clerk: Councilmember Laura Bentley.
Ms. Bentley: Here.
City Clerk: Councilmember Carol Cookerly.
Ms. Cookerly: Here.
City Clerk: And Councilmember Rick Mohrig.
Mr. Mohrig: Here.
Mayor: Mayor Lockwood present.
Councilmembers Present: Councilmember Peyton Jamison, Councilmember
Paul Moore, Councilmember Laura Bentley, Councilmember Carol Cookerly,
and Councilmember Rick Mohrig.
Councilmember Absent: Councilmember Joe Longoria.
PLEDGE OF ALLEGIANCE
City Clerk: And for the record Councilmember Joe Longoria is absent for
tonight's meeting. Would everyone please rise for the Pledge of
Allegiance?
All in unison: 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.
APPROVAL OF MEETING AGENDA
Mayor Lockwood: I want to welcome everybody here tonight. We appreciate you
being here. And with that, Tammy will you please sound the next
item?
City Clerk: That next item is Approval of the Meeting Agenda. Agenda Item
No. 21-131.
Mayor Lockwood: I would like to add an Executive Session to discuss land
acquisition, potential litigation, and/or personnel. Do I have a
Regular Meeting of the Milton City Council
Monday, May 10, 2021
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motion?
Ms. Bentley: Mayor, I'd like to make a motion to approve the Agenda with the
addition of an Executive Session.
Ms. Cookerly: Second.
Mayor Lockwood: Okay. I have a motion from Councilmember Bentley and a second
from Councilmember Cookerly. Any discussion? All in favor,
please say aye.
All in unison: Aye.
Motion and Vote: Councilmember Bentley moved to approve the Meeting
Agenda with the following amendments:
Add an Executive Session to discuss land acquisition, potential litigation,
and/or personnel.
Councilmember Cookerly seconded the motion. The motion passed (6-0).
Councilmember Longoria was absent from the meeting.
CONSENT AGENDA
Mayor Lockwood:
City Clerk:
Mayor Lockwood:
City Clerk:
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That's unanimous. Do we have any general public comment.
Tammy?
We do not, sir.
Okay. Move onto the Consent Agenda and if you would please
sound those items.
The first item is Approval of the March 15, 2021 City Council
Meeting Minutes, Agenda Item No. 21-132.
The next item is Approval of the March 30, 2021 City Council
Meeting Minutes, Agenda Item No. 21-133.
Our third item, Approval of a Professional Services Agreement
with Practical Design Partners, LLC for State Route 140/Arnold
Mill Road at Green Road Traffic Analysis and Concept
Development, Agenda Item No. 21-134.
Our next item, Approval of an Agreement between the City of
Milton and Judy Hall Regarding Responsibilities and Obligations
Related to the Co -Hosting of Milton Farmers Market in Crabapple,
Regular Meeting of the Milton City Council
Monday, May 10, 2021
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Agenda Item No. 21-135.
Our fifth item, Approval of an Intergovernmental Agreement
between the City of Milton and Fulton County for Charlotte Drive
(Heritage Walk) Extension Project, Agenda Item No. 21-136.
Our sixth item. Approval of a Construction Services Agreement
between the City of Milton and American Property Restoration,
Inc. for Demolition of Structure Located at 13760 Hopewell Road
and Demolition of Storage Barn within Public Works Facility at
16050 Old Bullpen Road, Agenda Item No. 21-137.
Our next item is Approval of Change Order #2 to the Original
Professional Services Agreement between the City of Milton and
Lowe Engineers, LLC that Results in a Change Order to the Task
Order for Plan Review Services for FY21, Agenda Item No. 21-
138.
Our eighth item, Approval of a Change Order to the Construction
Services Agreement between the City of Milton and Southern
Environmental Services, Inc. for Demolition of Fire Station 42,
Agenda Item No. 21-139.
Our ninth item, Approval of Subdivision Plats and Revisions. The
first development is Milton Crossing at 15745 and 15755 Burdette
Court, land lot 263, district 2, section 2. It is a Minor Plat to adjust
lot lines between lots four and five for septic drain lines. Our next
development, Pope and Kueber Property, 15890 and 15895
Henderson Road, land lot 389, district 2, section 2. It's a minor
plat subdividing one parcel into two tracts. It's 8.885 total acres
with 0.23 lots per acre in density. Our third development,
Plummer Property 15245 Birmingham Highway, land lot 522,
district 2, section 2. It's a minor plat combining two parcels into
one, the total acres is 4.33. The fourth and final development is
Sneed Property, it's southeast corner of Summit Road and Brittle
Road, land lot 816 and 817, district 2, section 2. It's a minor plat
subdividing one parcel into four tracts. It's total acres is 19.426
and it's 0.21 lots per acre in density. Agenda Item No. 21-140.
Our tenth item is Approval of a Professional Services Agreement
between the City of Milton and Tri Scapes, Inc. for the
Construction of a Fishing Pier and Pavilion at Providence Park,
Agenda Item No. 21-141.
Our final Consent Agenda item is Approval of a Construction
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Regular Meeting of the Milton City Council
Monday, May 10, 2021
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Services Agreement between the City of Milton and Tri Scapes,
Inc. for the Construction of the %2 Mile ADA Accessible Trail at
Providence Park, Agenda Item No. 21-142. Mayor Lockwood?
Mayor Lockwood: Okay. Can I have a motion on Consent Agenda?
Mr. Mohrig: Mr. Mayor, I make a motion that we approve the Consent Agenda
as read.
Mr. Moore: Second.
Mayor Lockwood: I have a motion from Councilmember Mohrig with a second from
Councilmember Moore. All in favor please say aye.
All in unison: Aye.
Motion and Vote: Councilmember Mohrig moved to approve the Consent
Agenda as read. Councilmember Moore seconded the motion. The motion
passed (6-0). Councilmember Longoria was absent from the meeting.
Mayor Lockwood: That's unanimous. We will move onto Reports and Presentations.
Tammy if you will please call those out.
REPORTS AND PRESENTATIONS
City Clerk: The first Report and Presentation is a Proclamation Recognizing
Dr. Gichuki Kimani from ReVue Pharmacy for Providing
Vaccines to our Milton Community and Beyond. Mayor, also want
to read the second Proclamation.
Mayor Lockwood: Okay
City Clerk: It's a Proclamation Recognizing Milton Resident and CERT
Member Sundak Ganesan for Building the Electronic Vaccine
Administration Management System for Milton Fire -Rescue and
ReVue Pharmacy. Before you present Mayor?
Mayor Lockwood: Yes, I'd like to ask Chief Benmoussa to come up and say a few
words before I read these Proclamations and present them.
Chief Benmoussa: Mayor and Council, I'd like to introduce Dr. Kimani and actually
Dr. Ganesan Sundak is also an epidemiologist with the CDC and is
one of our CERT members. The two were very instrumental in
putting together our vaccine program that is very successful. Dr.
Regular Meeting of the Milton City Council
Monday, May 10, 2021
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Kimani provided the vaccines no questions asked and was excited
about the partnership and Sundak has built us probably one of the
best applications we've seen. It streamlines our vaccine
administration as well as reporting and interfaces with Dr.
Kimani's pharmacy so really there is no delay in paperwork,
everything is seamless. Dr. Kimani gets the information the
reports needed for the federal government and the state. And
we've been real successful. It just streamlines when people come
in they're ready to go I think it's less than a minute, we've timed it
for the vaccines so it's been really successful. That application
actually Dr. Sundak has utilized recently with India with the surge
and he's built really a platform that's incredible. So we're working
on other projects in terms of resiliency in terms of our community
program he's going to build an application that can make us really
work effectively in time of disasters. I'd like to introduce Dr.
Kimani please would you like to come up and Dr. Ganesan please.
Mayor Lockwood: Thank you both for being here tonight and what an honor it is to be
able to recognize you both with a Proclamation. From all of us up
here from the elected side and from our City staff, but mainly from
our citizens for helping out so I'm going to go ahead and read
these Proclamations and then we'll present them. And then if we
can we'll have you guys come up front and we'll get a picture with
Mayor and Council back here.
Start with a Proclamation for Recognition of Dr. Gichuki Kimani
from ReVue Pharmacy for Providing Vaccines to our Milton
Community and Beyond.
Whereas, Dr. Kimani recognized the need for members of our
community to have ready access to a COVID-19 vaccine; and
Whereas, Dr. Kimani underwent extensive training before
dedicating himself to serving people in the Milton and Alpharetta
area as a Pharmacist; and
Whereas, he answered the Milton Fire -Rescue Department's
request for assistance by readily providing them with COVID-19
vaccines needed to distribute to the public; and
Whereas, Dr. Kimani, has proven to be a generous, reliable,
supportive partner to the City of Milton, its Fire -Rescue
Department, and its citizens; and
Whereas, he has exhibited his commitment to public health by
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Monday, May 10, 2021
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continuing to support the Milton Fire -Rescue Department as it has
sought to offer vaccines at different times and locations to reach
more citizens; and
Whereas, the City of Milton expresses its utmost appreciation for
Dr. Kimani's partnership and commitment to our community;
Now therefore, we, the Mayor and City Council of the City of
Milton recognize Dr. Gichuki Kimani for his contribution and
service to the citizens of Milton.
Given under my hand and Seal of the City of Milton, Georgia on
this tenth day of May 2021.
And I also have a second Proclamation for recognition of Milton
Resident and CERT Member, Sundak Ganesan, for Building the
Electronic Vaccine Administration Management System for Milton
Fire -Rescue and ReVue Pharmacy.
Whereas, Sundak Ganesan began volunteering with the City of
Milton as a member of the Fire -Rescue Department's Community
Emergency Response Team (CERT); and
Whereas, Ganesan stepped up to serve the City when the Fire -
Rescue Department began offering a COVID-19 vaccine clinic;
and
Whereas, he generously and courageously volunteered on his time
and expertise, some of it amassed during his years working at the
Centers for Disease Control and Prevention; and
Whereas, Ganesan created an easy-to-use online application to
save patients and firefighters valuable time, improving its record
management capabilities and expediting scheduling; and
Whereas, he never asked anything for his services — wanting only
to assist people in need hoping to move forward from a devastating
pandemic; and
Whereas, the City of Milton appreciates, respects and commends
Sundak Ganesan for his exemplary service to our community;
Now therefore, we, the Mayor and City Council of the City of
Milton recognizes Sundak Ganesan for his contribution and service
to the citizens of Milton.
Regular Meeting of the Milton City Council
Monday, May 10, 2021
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Given under my hand and Seal of the City of Milton, Georgia on
this tenth day of May 2021.
I want to personally again thank both of you for your contributions
and I am going to bring down these Proclamations and present
them to you. And then after that if Council will stand back here,
we will do a picture.
Thank you so much for doing this.
Okay Tammy, will you please call the next Presentation item.
City Clerk: That third item is Presentation of Construction Bids and Alternates
for Former Milton Country Club Path Removal and Trial
Construction, Ms. Sara Leaders.
Ms. Leaders: Good evening Mayor and Council. I have a presentation tonight to
present the construction bids and the alternates that were received
for the Former Milton Country Club that included the path removal
component and trail construction project. Looking back to the
Master Plan, the property was adopted August 19, 2019 and this is
an image of that Master Plan that discusses the trail system and
particularly for the North Woods which is shown here.
From the Master Plan, these were the segments associated with
Phase I for a total of $3.82 million with the first to get the park
open to the public by reusing some of the cart path, moving site
challenges, filling in the gaps with new surface trail and a
demonstration trail.
The second was creating a loop by constructing a path along
Dinsmore Road. And then third, the larger cost of those was a U
trail to replace all of the cart path in the North Woods with the new
surface.
So in December of 2020 we presented a modified phasing plan,
master plan, that looked at creating a west section of the trial and
then an eastern section. So for the west section which is shown
above the line here, we divided that into three phases that were
presented in December of 2020. Phase IA, IB, and IC would
connect the active area down to the lakes again on that west side of
the property and between those three phases it would a be a
completely new surface trail.
Then Phase 1 D was to remove all the cart paths in both the east
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Monday, May 10, 2021
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and the west that were within easements on private properties.
Then we proposed the future Dinsmore Loop as a future phase
once the eastern side is looked at and then completing the eastern
side as a future phase as the hydrology is looked at.
This image shows an overlay of the proposed 1 A, 1 B, and 1 C with
the Master Plan. The proposed is in the dark line and the Master
Plan is the two shades of the orange.
From that meeting in December of 2020 the direction was to
develop design plans for all the options that were presented, Phases
1 A, 1 B, and 1 C including a Phase 1 D which was the removal of all
the cart paths on individual lots. Then we would bid the phases as
alternates to determine costs and present the bid results which we
are here tonight to present.
So we evaluated the bids based on the total price for all the
options. These were the four bidders that we got and out of those
four we selected the low bidder again based on all the alternative
options which was Tri Scapes at $969,478.
Then looking more into Tri Scapes bid on the alternates, again that
$969,000 is the bid proposal which is all the proposed phases. And
then this chart also shows that concept level estimate that was
provided in December of 2020 and that comparison to the actual
bid cost.
The Alternate 1 was only Phase IA at $488,000. Alternate 2 was
IA and 113. Alternate 3 was IA and IC and Alternate 4 was IA,
IB, and IC.
Just to highlight real quickly what those alternates encompass,
Alternate 1 would be comprised about 3,200 linear feet of new
surface trail that is shown as trail 1,. 3, 4, a boardwalk, 5, and 6 on
this plan. And then it was about 3,000 feet of path removal which
is the small section up here, that's R1, R2, and R4. And that price
was $488,204.
Alternate 2 includes about 4,400 linear feet of new trail and
removing about 4,800 linear feet. The difference between this and
Alt 1 is we did not show trail, instead we're showing trail 7 which
creates a loop around the north lake. $580,251.
Alternate 3 includes 5,700 linear feet of new trail and removing
5,200 linear feet. The difference in this and the base I is this trail
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section 2 that runs from about this point and ties in with trail 4
here. So has additional trail 2 and additional removal R3.
$703,507 for Alternate 3.
Alternate 4 is A, B, and C together and that is about 6,700 linear
feet of new trail and 7,000 of removal. $847,224 for Alternate 4.
And that the bid proposal which is all the Alternates, the difference
of this one and the last one has the same number of linear footage
of new trail, 6,700, and the removal is 10,600 linear feet. It
includes additional removals D2, D3, and D4 for $969,478.
Just a side by side comparison of all of those alternates. And so
the next steps tonight, need direction on selecting which Alternate
to move forward with for the construction contract or if there's
another combination of phases, (inaudible). Once we decide on
the direction of the cart path removal, we will send project
notification letters to property owners where the cart path is to be
removed.
And then we would move forward with the construction contract,
submitting that for approval at an upcoming meeting. Once the
contract is approved, we would issue a notice to proceed to the
contractor. And the contractor proposes six months to complete
the project.
That ends the presentation.
Mayor Lockwood: Thank you, Sara. Let me start with questions or comments. Any
public comment?
City Clerk: Not on this one.
Mayor Lockwood: Questions first off. Laura.
Ms. Bentley: Can you back to the Master Plan versus what was in the bid? I
didn't get a long enough look at that. Okay.
Mayor Lockwood: So the Master Plan is obviously the red/orange lines.
Ms. Bentley: Yes, so we're pretty close, but when we change it, is it mostly due
to financial restrictions?
Ms. Leaders: So there are two areas where it's most different. The first is
around this area of trail section 2. What we ran into on that is the
slope of the path to get the 5% slope. This was the location and it
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brought it closer to Highgrove Club than was planned. The Master
Plan called for two segments of trail here. One would be a much
steeper one and the other one slightly less steep, but still steeper
than the 5% so we were looking at ways to get the 5% slope in this
area.
Down in the southern area of the plan, the Master Plan called for
crossing an environmentally sensitive area here, possibly needing a
boardwalk or bridge to get across here so that financially put
building this in the short term, put it more with the larger future
project and just identified a way to create a loop in the trail and to
utilize the northern lake to create that loop so that's the difference
on the southern end of the project.
Ms. Bentley: Tri Scapes was the low bidder, have we used them? What kinds of
contracts in the City have used them or currently are using them?
Ms. Leaders: They are the right-of-way maintenance contractor for the City.
And then they have done, through that contract they do some Task
Orders for smaller roadway type, right-of-way projects, drainage
projects. They were also the low bidder on the Providence Park
trail and pier project.
Ms. Bentley: So they're familiar with pavement and that. Where are we with the
hydrology study?
Ms. Leaders: It was approved at the last meeting, the contract with Pond and
Company was the selected consultant for that. We kicked them off
with starting with looking at the overall hydrology first and then
they have a second task component that's to start laying out where
stormwater management measures could go to address runoff on
the site.
Ms. Bentley: Thank you. Let's see, I noticed, and it's been a while, but we had
a discussion the last time this came up about access and future
plans for the Dinsmore connection. And we did get some
comments on this. I believe, if I recall, that we had talked about
off loading people in the parking lot and then accessing Dinsmore
from the parking lot. And so we didn't have that section of the
trail in pink to be removed, which is I believe RI. And so I still
don't feel like it's a good pathway to get to Dinsmore up through
the back of the tennis courts and it goes straight into the woods
behind people's houses though. I still feel like that path
(inaudible) if we're going to remove these other cart paths. And
just for clarification, the pathway that is not in pink right by the
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tennis courts, over to Highgrove, those residents do not want it
removed, is that right? How long is that cart path that runs behind
the tennis courts? I'd just be interested to know if that could be
included in the removal.
Ms. Leaders: On the screen now is an exhibit of that area. R1 is only showing
about 30 feet of removal and it was just to take the direction of the
path that leading into the part that has already been quit claimed
back to those residents. So extending R1 down the sidewalk and
then not installing this portion, but running that removal all the
way to the driveway apron. is roughly 330 additional feet and when
I ran the removal cost'compared to the concrete savings cost, it
was almost an equal swap. It was around $2,500 for the removal
and around $2,900 for that square footage of concrete so making
that change would really net, it would equal out the removal.
Ms. Bentley: To me, it just doesn't make sense to have that path there if we're
removing cart path everywhere else. That's not where we want
people walking. I think we discussed that in our last, it was a
while ago, but that's what I recall. Thank you for having that
estimate.
Mayor Lockwood: Just to clarify, this is removing what you're talking about, right?
That's R1.
Ms. Bentley: Right. To remove it and not put the apron to meet it, when it
would seem people would come in and in the future when we want
to have the option to connect to Dinsmore, we just (inaudible) at
the front of the property if that's a safe way to do it instead of
putting them behind people's houses.
Mayor Lockwood: Carol.
Ms. Cookerly: Thank you and thank you for the follow-up. So question about a
economy of scale, is there a set price from this vendor (inaudible)
or is the last 122,000 that bid proposal 969 the ultimate? That one
for 122 (inaudible) price of 847 (inaudible) so is that (inaudible)
removal with that last phase of 120 or is it a set price all through
out? (inaudible) for economy of scale for doing that extra part.
Ms. Leaders: So the bid sheet that has removal cost, it is the same linear foot
cost across all of the alternates. So we didn't get a lower price for
doing the extra removal, but the award was based on if all of it was
removed, that makes sense. They may have priced it thinking they
all of that to be included where as if we backed off, they still gave
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us the same rate even for smaller removal amounts.
Mr. Mohrig: Just to clarify, so you said that there would not be that much more,
that whole section of concrete that sidewalk behind Dinsmore.
Ms. Leaders: Yes.
Mr. Mohrig: I agree with what Laura said. It makes sense if that's not an access
point to the tennis courts then doing all the other ones, then let's
get rid of it, have a path to actually walk on.
Mayor Lockwood: Peyton and then Paul.
Mr. Jamison: I guess a question to Rick and Laura's point. Is the future plan to
connect to Dinsmore and to loop around to the end of the trail
where D4 is? Is there a future plan?
Ms. Leaders: Yes, that is still.
Mr. Jamison: I guess the access point would be, if we do it in the future, that I
guess my only concern with that is people have to go through the
parking lot to make the loop. Is that right? If we get rid of that?
Ms. Leaders: Yes.
Mr. Jamison: Okay, I think I remember us talking about that.
Mayor Lockwood: Paul.
Mr. Moore: Sara, can you remind me what happens to the balance of the trail
that shown on the map just not any highlight on it that would be
between the end of removal R5 and where removal D3 and
removal D4 are. I know that's part of a future plan, but what
happens to that today? It just stays cart path.
Ms. Leaders: Yes.
Mr. Moore: But no connectivity.
Ms. Leaders: Right.
Mr. Moore: And so what's the purpose of removal of D3? Right now that's
where the bridge is, isn't it?
Ms. Leaders: The bridge sits between removal, so the bridge is that was taken
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out, was at the end of R5. Removal D3, there is a lot here that the
cart path is on private property so it's just cutting off enough on
either side of that to get it off of the
Mr. Moore: And the balance of that is not on private property? So those are
not being removed at this time.
Ms. Leaders: Right.
Mayor Lockwood: I have a question too, just right where it says trail 2 in the blue line
the new proposed trail comes up right by the road. That's not
negatively impacting any residents, is it? Versus what was
originally proposed. I don't think it is, but I want to make sure.
Ms. Leaders: Right, the nearest, let me pull up that one, there is on the left here
is the lot layout so the closest lot is going to be this corner lot here.
It is the closest as its moving up to Highgrove Club Drive and we
are proposing about 500 feet of fencing along the frontage of the
trail. We're proposing a gate here for maintenance access and an
apron point to be able to get to the trail to maintain it.
Mayor Lockwood: Okay.
Ms. Bentley: I think this would be a place where we would need to be sure that
our signage was protecting the Highgrove neighborhood from
people parking there and hopping on the trail.
Mayor Lockwood: We talked about having the fence there.
Mr. Moore: When we had input, there was concern about the fact that we really
weren't maintaining. There's a retention pond right there too or a
culvert of some kind, isn't there?
Ms. Leaders: There's a culvert.
Mr. Moore: Yes. So with the trail going there obviously we'll be scaling up
our maintenance or ongoing look and feel of that area. It will look
either more groomed or more natural, but not the sort of unkempt
way that it's looking right now. And the gate will be locked except
for the services access. Is there signage that will also go there that
says No Park Access and No Parking?
Ms. Leaders: Yes, we can definitely look into what types of signage and
definitely some in this area.
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Mr. Moore: Without making it offensive to the community. You don't want to
have it all loaded up with signs and destroy the look and feel right
there of the natural part that we're after, but there was a lot of input
about making sure that we didn't turn it into another parking lot
over off of Highgrove.
Ms. Bentley: We have three signs there, I don't know that that's going to do it.
But I think we hit the nail on the head as far as you know if you
wanted to just get to one part of the trail, you might go there and
park and we want to be sure that we don't facilitate that for that
community.
Mayor Lockwood: I think what I'm hearing is we need to make sure we're doing
everything within reason that is not offensive to the neighbors to
block that off, to keep that from happening. But then there's
probably an operations thing over time too. We'll have to make
sure that's not happening. Paul.
Mr. Moore: Sara, I know that one of the last slides that you showed talked
about the timeline to this being six months. Is there anything
contractually in the relationship that's being brought that holds
them accountable to the six month timeline? Is there any penalty
for performance that goes beyond or lack of performance that
doesn't deliver in six months?
Ms. Leaders: We didn't write this one specifically with any kind of liquidated
damages that would be assessed if they didn't meet the schedule,
but it will the contract will be written based on their, they
submitted the bid, they had to provide the number of days to
complete the project, and while weather and unforeseen
circumstances can change that schedule, the six months will be
written in the contract as the deliverable date.
Mr. Moore: I'd like to see something that holds them accountable. That's the
biggest complaint I get about this park in particular, is the fact that
we owned it for so long. It's been not accessible. I heard it on
social media the other day called Milton's folly. We would like to
get rid of that kind of nomenclature. To the point of talking about
a timeline, we really need to deliver. Absolutely deliver.
Mayor Lockwood: Laura.
Ms. Bentley: As far as the budget that we have available for this, is it this year?
Ms. Leaders: We have $1.3 million in the Former Milton Country Club passive
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account with a portion dedicated to the hydrology study has
encumbered some and then the this construction project would
build off that account.
Ms. Bentley: And then my last comment that I did have some input from some
adjacent property owners about probably their own neighbors who
are using the park while it's closed, but the have a great number of
off leash dogs. So I would suggest that we use some of this budget
to do an education/PR campaign as we move closer to starting
construction and then opening the park. These houses are close to
this park so we really, in my opinion, need to make sure that we
have the signage in place and the enforcement and 1 know that our
Police can't be out there, but maybe we can figure out a way for
our Public Safety officers to be a part of it or something. Because
I think we do need to help with this transition as it goes from being
kind of a closed property, it's been four years, to opening up and
having a partnership with the folks that live off the golf course.
Mayor Lockwood: I might suggest too, obviously we have procedures and rules with
our parks. Maybe this is something obviously we're going to put
some signage and whatnot, as Councilmember Bentley and others
have said, but it may be something that we revisit too at a later
date. Do we need to tweak those if we're having complaints or
issues or whatever. We may want to tweak that at a later date too.
We want to keep it fluid because the rules and regulations we put
in place now, we may find out later that we're missing something
or something is negatively impacting. I think we need to keep that
kind of talk ongoing. Paul.
Mr. Moore: Two more questions. One for Sara and then one for Steve. Sara,
when they go do the construction plan, are they the doing all of the
removal in one fell swoop or are they going to do removal and
completion of a section and then removal and completion of
another section. The reason I ask that question, is there a way for
us to look at if one implantation and removal are all a part of phase
one, can we look at even opening up part of the park in phases so
we don't have to wait for it to complete. At least have something
we can benchmark as open sooner?
Ms. Leaders: We have some construction exits that are planned for that parking
lot at the main entryway so just if we're able to use construction
entrances elsewhere, we can see maybe looking at that. I have not
seen the scheduling plan for how they plan to implement.
Mr. Moore: If they were going to start at the back end and work back towards
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Regular Meeting of the Milton City Council
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the front, that could be more risk than we want to take on. The
second question actually is for Steve. Planned patrol and
appropriate patrol equipment to do that or ATVs planned or
anything like that to make that we've got regular park review and
coverage?
Mr. Krokoff: (Inaudible) parks out there already with trails. This is a little
different probably from some of our others. I don't know that we
necessarily need full-time Police presence out on our trails, but
maybe some type of park ranger type entity that could be out there
where we bring other parks online at some point with other trails.
Maybe a program, something like that, could be effective.
Mr. Moore: I don't think we are the type of community that should be really
worried about enforcement for problems, more so for availability
of access if there were. I don't think I want to see uniforms out
there, but maybe we could take it down a path of community
awareness where there is a methodology for reporting issues. Food
for thought.
Mayor Lockwood: I think the good thing is our First Responders, the City of Milton
has much better equipment and accessibility set up with the Gators
and the golf carts and the trucks and the trailers, if there was an
accident or something like that which is good. The other thing, I
think it goes back to what I was saying earlier, we need to probably
monitor and six months after it's opened, we address it and see is
there a need that we need to think about patrol or part-time or
something. Keep that fluid.
Ms. Bentley: I agree because the reason we're not opening some of the park is
really, there's some issues, safety issues. So it's important, when I
was there, I saw people on those parts of the park where the sink
holes are and things like that. So I was ask, Ken, you know our
has to reflect our release of liability. If people don't stay in this
area of the park, we're released from that liability. Do we have to
have signage that states that? Okay.
(Inaudible)
Mayor Lockwood: Anymore questions? Then I know you need some direction and
I'm going to assume that staff is recommending all the alternates,
to do it all at once?
Ms. Leaders: IYes, that's the recommendation.
Regular Meeting of the Milton City Council
Monday, May 10, 2021
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Ms. Cookerly: I'm with that. Let's go.
Mr. Mohrig: What we talked about. Yes.
Mayor Lockwood: Okay. No vote, but you've got some direction.
Mr. Moore: Thank you, Sara.
Ms. Cookerly: Thank you very much.
Mayor Lockwood: Thank you, Sara. Thanks to not only you, but your whole team
and everybody else, the whole staff, consultants, and contractors
and everybody. And citizens.
Ms. Cookerly: And thank you for the big pictures.
Mr. Mohrig: This was helpful.
Ms. Cookerly: That was very helpful.
Mayor Lockwood: All right, Tammy. Will you call the next presentation.
City Clerk: The final Reports and Presentations item is Presentation of
Milton's 2040 Comprehensive Plan Update. That would be
members of the Steering Committee.
Ms. Wildes: Good evening, Mayor, Council. At our last meeting we provided
an in-depth update to all of you on the 2040 Comprehensive Plan.
But tonight's update is focused more on the second and third item
listed here on the agenda. Future Land Use, Character Areas,
Urban Growth Boundaries, and Recommendations to the Short
Term Work Program. Now Bob and Todd will come up here to
speak to these in more detail, but we're seeking tonight is your
input to see if we're on the right track with these items or maybe
get your suggestions on our direction moving forward.
A quick recap, the Comprehensive Plan is updated every five
years. This is Milton's third Comprehensive Plan and it's going to
focus on the main topics that are listed. And we've actually had
great community input from our virtual community education
sessions, our online surveys, and our pop-up events. So we feel
really comfortable with the input that we've received thus far.
Your involvement after tonight will three additional Council Work
Sessions. One held in June, one held in July, and then another one
Regular Meeting of the Milton City Council
Monday, May 10, 2021
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in August. All of these Work Sessions are in preparation for the
final plan that we're targeting in October to be voted for adoption.
I'd like to invite Bob now up. He's going to talk a little bit more
about our future land use.
Mr. Buscemi: Mayor, Council, good evening. With the future land use, I will say
that we've been having really good CPAC sessions. The board as
a whole, has really been engaged. They've been offering a lot of
suggestions and a lot of direction. So some of that direction we
want to run by you tonight, just to make sure that you all feel that
we're on the right path as well. I've been really happy with the
CPAC group, very engaged.
Okay, so on the right is the map of our Character Areas. We have
eight Character Areas in total. Arnold Mill, Bethany, Birmingham,
Central Milton, Crabapple, Deerfield, Milton Lakes, and
Sweetapple. And you can see the land areas of each one of those
Character Areas and where they're positioned within the City
limits. These six Character Areas have been the same land areas as
it was when we started, so no change to these land areas although
the three different updates. So the narratives, so each one of these
Character Areas has a narrative associated with it within the Comp
Plan. Now the first Comp Plans, the City was relatively new and it
was trying to describe the Character Area. But now, after ten
years, twelve years of being a developing City, we actually really
have some nice projects that have been completed. We have
buildings, commercial, residential. We have parks. We have
roads. So CPAC said, let's take a little bit of different turn. I'd
like to give some credit to Councilmembers Laura Bentley and
Paul Moore, because they both said if we have all of these great
accomplishments, why are our narratives just written? Why don't
we have a whole bunch of photos so when people look at these, it
just visually captures the essence of Milton immediately. This is
great.
So we went back and said look, let's come up with some templates
and staff started that. Tracie started to look at these templates and
Jackie started to assemble photos and everybody was pretty
energized and ran around and started to put these things together.
We came up with something that we call a sizzle sheet. So it's
really kind of a neat idea because I think it can be used for more
than just a Comprehensive Plan. I think we can use these in
Economic Development. I think when people move into Milton,
they could use these as a quick visual anchor to say, well what area
Regular Meeting of the Milton City Council
Monday, May 10, 2021
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of Milton would I like to be in? And then we went further and said
let's do a comparison between the Character Areas. So we had
these comparison charts that now offer people information on each
Character Area and how they differ from one another. So you can
say, well what's the density of one Character Area versus the
other. Here's the commercial, and what kind of commercial. So
then people can get a good idea of what type of Milton they would
like to be in because Milton has a lot to offer. And I think from an
economic standpoint, and a livability standpoint, I think it would
be nice to tell people, look Deerfield's got some nice, really high
quality areas and different accomplishments that people should
look at. We bought greenspace, we have active parks, passive
parks, so depends on where you want to be. Do I want to be closer
to one area than the other. If I'm equestrian based, why would I
want to be in Deerfield. So these sizzle sheets really capture
visually what Milton is looking like. And I really feel like we've
hit the threshold. We have built enough structure and open space
in Milton, that we can really start calling Milton our own. I think
we've got that identity. So that's a really, really strong threshold
to hit. And that's why I think this Comprehensive Plan is different
than all the ones that were prior to it. We really have these great
accomplishments, we've done a lot of great stuff, and I think we
can really start to identify Milton as our own. And that's the whole
push behind branding. At this point, early on to do it from day
one, what are we branding? We didn't do anything yet. But now
as a City and a staff, we have really developed quite nicely. It's
really developing the way the Council envisioned it. So at this
point, we it would be really nice to capture all of that in a sizzle
sheet. That's what we're going to call them.
I think we can use them for a whole lot of reasons. I thought it was
a great idea so I wanted to thank Councilmembers that are on
CPAC for suggesting it, because I thought it was a great, great
idea.
Future land use versus zoning, just a quick update so everyone
remembers. Future land use is really more about the development
pattern and the particular density. So it's like the underlying land
use, the underlying pattern of development that we're looking to
achieve. Where zoning is more about the particular use. The
secret here is that we can have multiple zoning requirements or
categories for a particular land use. You usually have one land use
category, but you can have multiple zoning categories. So this is
very important to remember. And then the zoning compatibility
charts appropriate with each Character Area. The map on the right
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is the future land use map that shows what it is. So just a quick
summary, CPAC basically concluded that they didn't want a whole
of changes to the land use map. They like the way it is, they say
it's been tested over time, it's working nicely, we're developing
nicely from a land use perspective.
They did however have a lot of suggestions that were then
funneled down to staff as work items for zoning changes.
Different zoning categories, different zoning requirements within
each land use that would strengthen the concept of that land use,
the vision of that land use. What did we really want to see that
land use really get developed out as. I thought that was really
important.
Some of the big updates on that would be of course the larger lots
was a huge push, they really wanted that. And they wanted to
maintain that rural character. And maintaining that rural character
is not just a wooded site somewhere. They're talking about the
Deerfield area. Maintaining Deerfield as an urban developed area,
a rural urban developed area, I'm sorry, excuse me. Rural urban
developed area. I think that's a different kind of image. There's
other cities that have urbanized areas. You go to Alpharetta and
see Avalon, but there Avalon is more city oriented and style.
Deerfield is more of a rural style Avalon. It's different, it's going
to have its own unique identity, it's going to be a Milton identity.
Similar concepts are going to be in play, but Miltonized. We're
going to be able to capture that, that's very different.
Another item that CPAC felt strongly about is making sure that we
preserve the way we build out, to preserve that rural character in
the amount of development. To date, that development pattern has
been sort of ruled by our sewer map. But we sat back and we said
okay, somebody comes in for a rezoning, we don't want to give
you any extra density because it would result in extending sewer.
Everybody knows that extending sewer is the way to get more
density in the City of Milton, so it's been really tested and
controlled to say that we don't want to extend sewer. But that only
works so far and CPAC said that's great, but what happens if the
state turns around and has a state law that says you have to extend
sewer? There's a state law that says you have to allow fireworks.
We had a big discussion about do we limit fireworks and Steve
came out and said there is a state law that says you can't limit
fireworks. That's it, it's a state law. So it just reinforced our
whole story here, saying what if the state comes out and says you
have to extend sewer and all of the sudden our line of demarcation
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of control just evaporated like that. And it could happen so
quickly. So CPAC said, let's look at other areas, other places.
This is Lexington, Kentucky on the right, they were the first to
implement an urban growth boundary. If you apply an urban
growth boundary to your City and you define where that growth is
limited, then it double strengthens the fact that somebody can't
come in for a rezoning and just say can we ask for an extension or
more density. They would have to go back and look at the urban
growth boundary.and if it doesn't allow it, it would be a whole
process on how to try to change it, which wouldn't happen very
often. Maybe every five years through a CPAC and an updated
Comp Plan. We haven't developed all those rules yet, but the
concept would be that it would be a really strong layer that says no
you can't develop past this boundary. And so it would give us that
extra layer of protection. So CPAC turned around and said look,
we don't want to change anybody's current property rights.
Current, so if you have an AG zone and you're allowed one acre
zoning, we certainly not saying it has to be five acre zoning. We
aren't limiting anything to where you are now. But what we are
doing is strengthening, tightening that line so that somebody can't
come in later and ask for a rezoning without having to change this
map. We still have the sewer map, but you have the urban growth
boundary map as well.
Mr. Mohrig: So this goes back to when we formed Milton and we said we don't
have to just use sewer which is what it was with Fulton County.
This strengthens what we've been trying to do as a City as far as
density anyway, but now it's not just dependent on sewer. It
strengthens it along with the comprehensive land use.
Mr. Buscemi: That's right. So if for some reason Fulton County or the State says
you have to extend sewer, from a public health perspective, we still
have the urban growth boundary that would then say, it's the same
thing as our current sewer. It's just another layer of protection.
They said we're looking at it from a comprehensive plan
perspective, 20 or 40 years out. Who knows what's going to
happen 40 years from now. The pressure that is going to be put on
future Councils. Who knows what's going to happen with health
standards and items like that, so they just felt this would be. We're
not the first city to do this, there's entire states that do this. GCA
has a whole section of urban growth boundaries, they encourage
cities to adopt urban growth boundaries so it's not something GCA
and the State of Georgia says we've never heard of it. They
understand it, they're there, they're asking for it as well. CPAC
has just embraced it. We want to make sure that everybody knows
Regular Meeting of the Milton City Council
Monday, May 10, 2021
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we are not changing anybody's property rights from what they
have today.
This is the proposed urban growth boundary concept plan. And of
course CPAC is recommending it, staff's going to go back and
study it, and come back to Council with some recommendations as
a work plan. The hatched areas are showing areas of the City that
currently have sewer. The little box on the top is showing the little
package plan, but the urban growth boundary there would be the
full 27 acres of the Crossroads is the way we're envisioning it.
The upper right corner shows the banner area and actually that area
utilizes Forsyth County for its area needs. So it shows even the
pressure that can be exerted from neighboring counties. They can
turn around and say we have this, we can offer this, let's do this.
So it's showing even external pressures that are being placed on
the City of Milton.
We'd like to get some feedback, are we on track, are we missing
anything, are there any other themes or topics that you think we
need to add or suggest so we can incorporate that into CPAC.
Ms. Bentley: I have a comment, one of the other things that we discussed was
looking at some areas in form -based code considering form -based
code is a, not as a density tool, but as a standards tool for
architectural design and keeping things more consistent and having
more control over the way they ultimately look. That discussion
was a pretty big part of our last land use CPAC which was to go
ahead and further study that.
Mr. Buscemi: It's very important that, I'll just add a little something to that, the
form -based code has different transects. Those transects can be,
we don't even have a TI which would be 20 or 50 acres zoning. It
doesn't necessarily equate to higher density. We use some of that
in Crabapple area to develop the downtown, but it doesn't have to.
But the real essence of form -based code is really that architectural
standard, to make sure that we have a unified look, we have some
oversight on things that are being built. Maybe at the next
meeting, I'll sure you before and afters. What comes in and what
we end up with. It's almost like night and day. Without that
architectural control, we would not be getting the character that we
are.
Mr. Mohrig: Just one comment. I heard there was some discussion about
potentially studying or doing something on Bethany Bend form -
based code and my input would be that's residential over there. I
Regular Meeting of the Milton City Council
Monday, May 10, 2021
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think leave the zoning the way it is right now. I wouldn't see the
benefit of on Bethany Bend, those parcels that still are there going
to form based code because I don't see that as really a virtual
extension of Deerfield. That's more residential corridor and has
been, that's the way it's zoned right now.
Mr. Chernik: We actually discussed this, I think Laura was teeing that up.
We're not looking to change, CPAC is not looking to change the
zoning on Bethany Bend. Rather, there was a checkerboard is
probably the best way to describe it, of a number of parcels that
created an opportunity by putting a form -based code in, to have a
consistent look and feel along Bethany Bend for the undeveloped
parcels. And even some that might be redeveloped. Knowing that
McGinnis Ferry interchange is going to be happening, there will be
more pressure. there so if Bob's team had form -based code
available to them in that area, they could do more architecturally
with that area. So that was out intent with the development was to
consider that for Bethany Bend, east of Highway 9.
Mr. Mohrig: Right, east of Highway 9 and I do know those parcels. I live just
off of there. So the concern would be, add discussions with
different developers trying to do things in that area of extreme high
density and that's a concern that I have that what's left there, I
guess right now it's a little bit lower density what we've got, the
Way it's zoned right now. My suggestion and feedback from
people in the area is not to reach the density, make it more. I know
we're going to have potential commercial mode in Forsyth County,
right on that corner. I just have a concern if we take those parcels
that are on the south side of Bethany Bend, where on the north side
if Forsyth. You also made those where we started going high
density, that would be a concern of mine.
Mr. Chernik: The Board was resounding, saying no increased density. Including
that area of Bethany Bend.
Mr. Mohrig: Okay. Because most of it, there's a few parcels that are a little, I
mean they're not large acreage, but there are acreage in some
older, some smaller homes that are tucked back in there. So
eventually that's going to get redeveloped, I would guess, because
they look more like cottages or smaller homes today. But that
would still come before us if there's any, that they want to.
Mr. Moore: Actually, what I think it does Rick is, going back to what both Bob
and Todd are saying, is that it ensures all the things that you just
expressed as concerns, it actually adds a layer of look and feel,
Regular Meeting of the Milton City Council
Monday, May 10, 2021
Page 25 of 53
without changing density, without changing zoning rights or
landowner rights today. It adds another layer of protection to
ensure that things you just expressed concern about are able to be
upheld. With the consideration of adding the layer of form -based
code.
Mr. Mohrig: I'd have to see it so I'm obviously a little concerned because form -
based code we traditionally used where we want to go up higher
and use it in the commercial area, not in residential nodes. That
was my concern when I heard that being considered, but if you
write it and change it so that it doesn't reflect what we see further
down in Deerfield, but in that area we still protect what we have,
I'm all for having good standards as far as look and feel.
Mr. Moore: Of course, we've had the benefit of participating in the CPAC
meetings, being the liaisons. I'm confident, Rick, knowing your
past protection of that area, knowing the way you've embraced
that, another level of assurance.
Mr. Mohrig: Okay.
Mr. Moore: It probably warrants another (inaudible).
Mr. Mohrig: I'd be interested to see, Bob and Todd, how that is written because
my concerns, those are the concerns of the people who have some
of the developed subdivisions along there which saw a lot of
change in density with Fulton County so we just want to preserve
what we still have left. We can't control Forsyth County, but our
portion we still want to make sure it actually don't degregate that.
Mr. Moore: Rick, for your consideration, one of the things that CPAC is very
sensitive to is the impact of the McGinnis Ferry interchange and
the Forsyth development that's happening over there. The last
thing anybody from CPAC has expressed any interest in is
changing the look and feel of what's happening inside Milton. It's
more about ensuring we provide the protections so those kinds of
potential encroachments or density changes aren't forced upon us
and this adding a layer of protection against that. So I participated
in and witnessed too really healthy conversations that (inaudible).
Mr. Mohrig: I know we, kinda separate, but tied into that, is widening of
Highway 9 which when it's going to hit us, we're already behind
when that's coming through, but the changes in the lay of Bethany
Bend as it comes off of Highway 9, that's a concern. I'd like to
see that sped up, that we'd speed it up, but I know that's GDOT.
Regular Meeting of the Milton City Council
Monday, May 10, 2021
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Especially as we bring on line McGinnis Ferry/400 exchange,
because that's the going to be the way Bethany Bend today is
configured. A lot of that traffic, like we've said in other parts of
Milton, aren't just from Milton, but today for people for 400, most
of them will go down Cogburn to Windward Parkway. That's just
the cut through, in the morning it's crazy trying to get out of the
subdivisions onto that road today but if you had an exchange that
'would become an alternate route for people instead of going down
to the four lane roads.
Mr. Chernik: And the CPAC was briefed very in depth regarding the GDOT
plans. All of your concerns I can tell you we've discussed in great
detail. I give staff full credit for making sure we make informed
decisions. Now this is a recommendation, this isn't the final
decision. The one other item that Bob and I were just discussing is
there was a request also from some landowners along Cogburn
Road to increase the density on Cogburn Road. For similar
reasons, there hasn't been an appetite that we've heard from in the
community and this board didn't have the appetite either to allow
for a land use change in that area either. So density is certainly a
sensitive item for, and we've heard in all the surveys. But this
feedback is exactly what we're looking for.
Mr. Mohrig: I appreciate it. I appreciate your time.
Mr. Chernik: Any other questions regarding land use? Or I'm going to jump
into some of the recommendations and I know you have a long
meeting, so I'll be brief. But before I jump into them, this CPAC
has gone through quite a bit of turnover. Yet we're on schedule
and I think we have some great recommendations. You saw the
sizzle sheets. That's branded after our City Manager wanted to
know where the sizzle was. So we made sizzle sheets because
there is the sizzle, we don't have to wait for our marketing study or
branding study to take place for two years, we've got it. So go get
Economic Development going. We've have had quite a bit of
changeover. Sumeet Shah was brought in in January after he was
elected as the chair of the Planning Commission. Of course, Bob's
stepped in as the Community Development Director in an official
capacity. Tracie and Jackie have stepped in and really been a
breath of fresh air and brought some really fresh perspectives and
ideas, including the sizzle sheets. And I guess I'm just really
happy to be a part of this team who is so energized getting us to
this point and we haven't missed a beat. In fact, I think we've
raised the bar. As we move into short-term work programs these
are drafts of just giving you the highlights, you do have the more
Regular Meeting of the Milton City Council
Monday, May 10, 2021
Page 27 of 53
detailed views of this, but short-term work programs define the
whats. We're not into the weeds of the how, but the what. The
what is not just based on the few individuals, it's based on what we
heard from the community and the broader CPAC in general as
well as staff, whose advised on some really good
recommendations. I'm going to run you through the highlights
next. We have a work session on Thursday where we'll cycle
through these short-term work programs again and the public will
then have an opportunity to weigh on those starting on May 20d'
and they'll have a month period to weigh in on those. As was
introduced earlier, we have five categories that the broke those
short-term work programs in: land use, economic development,
transportation and mobility, sustainability, and the new category
that didn't exist before, placemaking and branding because we've
really hit the threshold now where Milton has its own identity and
we can brand and market that.
Though in those categories the highlights are from a land use
standpoint, we mentioned earlier to you that we're recommending
a small area plan for Arnold Mill and that be done in a manner that
can be more engaged with the community. As Bob mentioned,
studying the parcels along Bethany Bend to see if their inclusion in
form -based code makes sense. Larger lots, zoning categories this
is obviously a big theme and what associated uses and incentives
can we put in place for those larger lot zoning categories. Strong
support and really memorializing due diligence on the projects and
land acquisition costs in order to float another bond for in this case
parks, trails, public venues and greenspace. Those are the themes
that we've heard consistently.
And then as we discussed performing the due diligence of an
example meant urban growth boundaries. And lastly land use was
studying CUP limitations such as perhaps a minimum qualifying
acreage in order to qualify for even consideration for a CUP.
A pause there, we'll see if there are any questions or discussion on
the land use highlights. On track? Okay, good.
Economic development, we think we're also hitting another gear in
this area in terms for need for a marketing plan which reflects a
brand, our brand, and the brand is not the horse logo. The brand is
what defines Milton, the bucolic roadways and sceneries, the
identity we have here in Milton. Moving towards a digital visitors
information center and promotion of agribusinesses in a more
structured way. Economic development taking on again another
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Monday, May 10, 2021
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view of tax incentives, working with the State in terms of
collaboration. We're not listed currently on agritourism websites
for the State. It's an easy opportunity for us to get some traffic in
terms of economic development. Opportunities in the Deerfield
area is specific to the tracking of Fortune 500 presence with some
of the mixed use development so those developments become
more viable overtime. The sizzle sheets we think will help in that
venue. And then pursuing economic development in future
defined urban growth boundaries. That would include
Birmingham Crossroads, could include pockets within Arnold
Mill, but making sure that those are viable economically with
small businesses. Any questions on economic development?
Transportation, I'm going to move through these relatively
quickly, there's a 2022 Comprehensive Transportation Plan
planned. We are informing that certainly, but I think that the
details again in the how, we'll define the what, but the how will be
spelled out in that plan. There's certainly was, I don't want to
overlook number one which is innovations around reducing
speeds. That was a consistent theme and not to be taken lightly.
There's potentially some, it was also identified in the Strategic
Plan, there's some potential for some smart technologies that could
be useful in controlling some of the speed issues. Bicycling, the
bicycling community is something we definitely want to build
around. We feel that's an asset, when I say we Comprehensive
Planning Committee. Creating bike routes, signage, infrastructure
such as parking, safety and education, safety education not just for
the bicyclists, but for us folks driving on the roads too.
Another big theme around Transportation was increasing
community access and use of trails. So we have, as we heard
tonight with Milton Country Club, we have other assets and the
community has spoken that they really want to get access to those.
And last in Transportation is the McGinnis Ferry impact. As Rick,
you pointed out Bethany Bend is certainly will be an area that will
be impacted. I would also add that there's another item regarding
the GDOT project for Highway 9 in terms of making sure that
we're proactively managing with GDOT to understand the
timelines, communicating with the community, and to an extent
there may even be some quick wins because of the schedule with
GDOT. For example, in the Bethany area of Highway 9 from
Crooked Creek adding some sidewalk perhaps to mitigate some of
the issues. Those may be some quick wins that we look to take
action on or recommend staff take action on if the GDOT timelines
Regular Meeting of the Milton City Council
Monday, May 10, 2021
Page 29 of 53
are in fact pushed out.
Sustainability had a long list. I captured it in three categories.
Solid waste strategy to include City-wide recycling strategy is
really, there was a lot of discussion on these topics. I was
surprised, there was a lot. You may not be that surprised because
you may hear more from constituents, certainly the Roswell
Recycling Center being closed to our use has been a big wake up
call and I think our citizens are looking an alternative solution.
Green infrastructure is certainly something that's been embraced in
some of the City projects such as the Public Safety Facility. There
was interest in expanding that into even some of our subdivision
planning. And the Chadwick Landfill. Again another opportunity
to be more proactive, engaging with Chadwick and understanding
what their timelines are so that if and when it does reach closure,
Milton has a plan of what we want to do with that asset. It may not
be an immediate turnaround, but we should at least have a planned,
for destroy or refusal if you will, action plan.
And then the last category is this Placemaking and Branding
completely new category within the Comp Plan. We'd
commission a branding study that would help us with Character
Area specific recommendations in terms of wayfinding, gateway
signage, even district signage, park signage, all reflective of our
brand. Identifying an opportunity with Alpharetta with their
equestrian event facility, partnering and promoting of our soon to
be Birmingham Park for equestrian trails. We recognized there
wasn't necessarily a need to duplicate, but instead to partner. They
have the event facility, we have trails.
Public art was a big theme and again back to the branding, proper
placement within in around Milton is certainly something that the
community spoke about. And the last point was, this plan was
probably the most reflective I can think of in terms of our heritage.
And we learned a lot from the Bernhams story we shared with you
last time and the Byrd House. There's certainly other things to be
learned. I expect as we get into Arnold Mill, Chadwick family is
an example. And so we felt we needed to embrace those, so we
can learn from them and we can build those into perhaps even the
names of our parks and other things that embrace our heritage.
That's it for the short-term work programs. Any feedback, any
questions?
Ms. Bentley: I have a comment. Todd, I believe this is the most comprehensive
Regular Meeting of the Milton City Council
Monday, May 10, 2021
Page 30 of 53
Comprehensive Plan we've ever done. So we really appreciate it.
You guys have raised the bar right when we need it rose. No
offense to our past Comp Plans, but this one is amazing. So, good
job.
Mr. Chernik:
Thanks, I will pass that on to the team because there were a lot of
folks involved as I mentioned. I feel the same way.
Ms. Bentley:
Amazing job.
Mr. Chernik:
It's something that I'm proud to be a part of. Work session, we're
in the home stretch.' We are. I think the heavy lifting I think for
you all is coming up. We will be finalizing our draft plans and our
short-term work programs this week and then on the 20th of May,
here in the Community Place, the public will have an open house
where we'll share our draft plan which is currently sitting at about
160-170 pages so it's pretty detailed. That will be available for a
30 day review period for the public to provide feedback to us and
then we will be working together with you on June 21St going
through that plan. Prior to it then being transmitted to the State for
Mayor Lockwood:
review and then back to you for final adoption in October. Okay?
I also want to piggyback on that, Todd thank you for your help, I
mean thank you guys. ` Obviously want to thank all the rest of the
committee as well as our staff. I know our staff has stepped up and
done great work and also all the feedback from our citizens. So to
piggyback on what Laura said, everybody agrees, we appreciate
everything you're doing. You're doing a great job and cool you
can be part of the vision and process that will hopefully be seen 20,
30 years from now. You made a difference, so thank you very
much.
Mr. Chernik: I'll pass that along. Thank you.
Mayor Lockwood: Again, I didn't mention names on staff, but everybody that's been
involved has done a great job. So we will move on to First
Presentation. Tammy if you'll please call that out.
City Clerk: That is Consideration of an Ordinance to Amend Chapter 46,
Article III of the Milton Solid Waste Ordinance to Provide
Additional Standards for Companies Seeking to Provide Waste
Hauling Services in City Limits, Agenda Item No. 21-143. Mayor.
Mayor Lockwood: Can I have a motion on First Presentation?
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1
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Regular Meeting of the Milton City Council
Monday, May 10, 2021
Page 31 of 53
Ms. Bentley: Mayor, I'd like to make a motion that we approve the First
Presentation item as read.
Mr. Mohrig: Second.
Mayor Lockwood: Okay, I have a motion from Councilmember Bentley with a
second, I believe, from Councilmember Mohrig. All in favor
please say aye.
All:
Aye.
Motion and Vote: Councilmember Bentley moved to approve the First
Presentation item as read. Councilmember Mohrig seconded the motion. The
motion passed (6-0). Councilmember Longoria was absent from the meeting.
ZONING AGENDA
Mayor Lockwood: Okay, we're going to move on to our Zoning Agenda. Tammy if
you'll please read the rules, then sound the item.
City Clerk: Thank you, Mayor. The Zoning Agenda includes items such as
Rezoning Petitions, Modifications of 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, which includes a Zoning Agenda. The Applicant,
and all those speaking in support of an application, will be allowed
a total of ten minutes to present the petition.
The opposition will also be allowed a total of ten minutes to
present its position. If time remains, the opposition will be
allowed to rebut.
The Applicant may choose to save some of the time for Rebuttal
following the presentation by the opposition.
Since the burden of proof is upon the applicant and the applicant
will be allowed to make closing remarks, provided time remains
with the allotted time.
Regular Meeting of the Milton City Council
Monday, May 10, 2021
Page 32 of 53
Those called to speak will be taken in the order that the speaker
cards were received by the City Clerk prior to the beginning of
tonight's meeting.
All speakers will identify themselves by name, address and
organization, if applicable, before beginning their presentation.
The Planning Commission has heard the rezoning agenda items
and their recommendations have been forwarded to the Mayor and
City Council for consideration and disposition.
The applicant shall not submit material to the Council during this
meeting, unless requested to do so.
All material that you wish to be reviewed by the Council in
consideration of your Application should have already been
submitted to the Community Development Department and is
included in the normal distribution of packages to the council.
When an opponent of a Rezoning action has made, within two
years immediately preceding the fling of the rezoning action being
opposed, campaign contributions Aggregating $250 or more to a
local government official of the local government which will
consider the application, it shall be the duty of the opponent to file
a disclosure with the governing authority of the respective local
government at least five days prior to the Planning Commission
meeting. A violation of relevant state statute constitutes a
misdemeanor.
Therefore, if you have contributed $250 or more to a
Councilmember and you have not filed a disclosure prior to the
Planning Commission meeting, the City Attorney strongly suggests
that you have someone else speak for your point of view.
Our Zoning Item this evening is Consideration of RZ21-04NC21-
02 at 13555 Blakmaral Lane by Jim Rosenberger to rezone from
CUP, which is Community Unit Plan, to AG -1 on 10.80 acres at a
density of .092 unit per acre to construct a new single family
residence and to allow the existing accessory structure to be in the
front yard. (Sec 64-416(1)), Agenda Item No. 21-125, Ms. Robyn
MacDonald.
Ms. MacDonald: Good evening, Mayor and City Council. Little technical
difficulties tonight, somebody put my presentation in the trash. I
was trying to be prepared. Glad I came up here early. Okay this a
Regular Meeting of the Milton City Council
Monday, May 10, 2021
Page 33 of 53
request, as Tammy called out, for a rezoning from CUP to AG -1. I
think that's the first that we've ever had that. And then it's to
build a single family residence and allow the existing structure
formally used as a barn for animals to be in the front yard. It sits
on 10.8 acres so it's a density of .092 unit per acre. This is the
location map, it's located in the Boxwood Estates subdivision
which is at the end of Providence Plantation Drive so you have to
kind of meander through the other subdivision and this portion is
gated. And then you can see here from the zoning map, the bright
green is a CUP Community Unit Plan. The various lots. I just
want to point out that it's a very large lot, it kind of goes around to
the left and we'll get into some more detail about what it looks
like. General information, as stated Mr. Rosenburger is the
applicant and he's requesting this change in zoning to farm the
land with various types of crops including a vineyard to produce
and sell wine. A winery is only permitted by right with an AG -1
zoning district in order to be licensed as a winery by the State, a
designation of AG -1 is needed. The subject site contains 10.8
acres, it's a pretty large property and as I said, located in Boxwood
Estates subdivision. It is located within the AEE designation of the
City of Milton Comprehensive Land Use Map 2035. Again this is
a map of the future land use from the last Comprehensive Plan, this
is AEE. Around here is low density residential which is basically
the designation for platted subdivisions. So this is a site plan, it's
been enlarged and in your packet you have the full site plan, but
we're just looking at a portion of it, I thought I would focus on
that. Currently this is the existing barn here and then this would be
the proposed house so let me just show you what it looks like.
This area is this area here with the paddocks, very beautiful piece
of property so you look to the left and that's what you see and this
is some of the vineyards or grape vines he's already started to grow
on the property here in this area in front of the existing barn. In
regards to the public participation process, we had a CZIM
meeting on February 23rd and no community members were
present at City Hall or via Zoom. The applicant held his public
participation meeting on March 12th at the property and there was
no community members present at that location or via Zoom. And
at the Design Review Board meeting on March 2r'd, these were
some recommendations made by that Board. They suggested
providing support letters from all property owners within Boxwood
Estates, recommended to rezone all the lots in Boxwood Estates to
AG -1, and lastly recommended approval for rezoning and the
concurrent variance.
Lastly we had our Planning Commission meeting on March 24th
Regular Meeting of the Milton City Council
Monday, May 10, 2021
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and after a thorough deliberation, as they do all the time which is
an awesome benefit of the Board, the Planning Commission
unanimously recommended approval of both the request and the
concurrent variance with one change to staff's recommended
conditions shown below. We'll go back to this again once we go
through the recommended conditions, but this was a key point,
saying a winery with customer visits and purchase of wine by
appointment only with a maximum of five appointments per day
with a maximum number of customers of ten persons at any time
with hours of operation from 9am to 6pm. The site plan analysis,
I'm not going to go through every one of these, but although it was
developed under CUP,,the existing barn is not, well it's not a barn,
it's being converted to a regular accessory structure, but everything
meets the developments standards for the AG -1 except for the last
item is the accessory structure requirements which it states
accessory structures may be located in rear or side yards, but shall
not be located within a minimum yard so I just want to clarify he's
not in the future using as a barn to house animals, it will be just
used as an accessory structure and therefore that was the reason for
this request.
Ll�
Basically he's asking for the concurrent variance and I explained
why. So this is the existing barn that is there presently on the
property and then this is the proposed house that would be sitting
behind the barn so kind of where the white cube ,car is, that's
approximately where the barn is. I'll walk through the different
considerations for the requested variance. The barn was originally
constructed to house animals on the subject site. At that time, the
primary house was not contemplated for the property. The existing
structure currently meets the minimum standards for the AG -1
district and based on the shape of the property being narrow in the
front, a new single family residence would be difficult to place in
front of the existing structure. The applicant has demonstrated that
the new single family residence will blend in with the existing
structure and therefore does not offend the spirit or intent of this
zoning ordinance. The second consideration is based on the shape
of the property, the placement of the new single family residence
in front of the existing structure would create an unnecessary
hardship. Three, staff knows that the existing structure has been
used to house animals, but the applicant has chosen not to use it
any longer in that capacity and the need for this concurrent
variance. The structure does have an appearance of a barn that
houses animals and to allow it to be in front of the proposed single
family residence or front yard would not cause a substantial
detriment to the public good and surrounding properties. And
Regular Meeting of the Milton City Council
Monday, May 10, 2021
Page 35 of 53
lastly, the request to allow the existing structure to be in the front
when the proposed single family residence is constructed ensures
that the public safety, health and welfare are secured and
substantial justice is done, and therefore staff recommends
approval of VC21-02.
So the next step in this analysis, is the standards of review for a
rezoning from in this case CUP to AG -1. And it's staff s opinion
that the proposed use is suitable with adjacent and nearby
developments and zonings, if approved with the staff's
recommended conditions. So here we have the site, to the east is
R2 with very large estate agricultural used properties as well to the
south. This comes off of Dorris Road and Dorris something Way,
I can't remember the name, it's a little gravel drive that comes up
from the south and those are very large estates. There's are very
large estate below it as well as to the southeast. Number two, a
winery which is allowed by right, open to the public could have an
adverse effect on the adjacent properties. Staff recommends a
condition below to limit the number and frequency of customers
coming onto the property to taste or purchase the wine as proposed
by the Planning Commission which I reviewed with you earlier.
This is because the property is located within a platted subdivision.
To access the subject site, one is required to drive through
Providence Plantation subdivision and enter the gated subdivision
on a private road where the subject site is located. If approved
with the above condition, the proposed development is consistent
with nearby properties and will not adversely affect existing use or
usability of the adjacent properties as described above. Number
three, the subject site may have a reasonable use as currently zoned
CUP or staff does not anticipate a significant impact on public
services or utilities as this was accounted for with the Fulton
County Board of Education back in 1996 when this was approved
and the subdivision is developed and the proposed rezoning will
not have a negative impact on existing streets, transportation
facilities, or utilities if the recommended conditions are approved.
Fifth, as stated earlier this is within the AEE designation of the
Comprehensive Plan map. It is a very large parcel with .092 units
per acre density and conforms to the suggested policies and intent
of the Comprehensive Plan if developed with the recommended
conditions to limit the activity on the property. Six, the request for
the AG -1 district allows for the property owner to operate a winery
where he intends to plant grapes, as well as other crops, and sell
the wine per the State of Georgia farm winery regulations. In
addition, adjacent and nearby properties are zoned AG -1 as well as
operating agricultural used which gives grounds for approval of
Regular Meeting of the Milton City Council
Monday, May 10, 2021
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this requested rezoning. And lastly, the proposed use will not be
environmentally adverse to the natural resources, environment and
citizens of this City if developed with the recommended
conditions. And so in conclusion, staff recommends approval
conditional of RZ21-04 as well as earlier discussed VC21-02.
With that said, I'll just through if you so choose to approve this
rezoning and this is what the conditions are proposed to be.
Firstly, to rezone to AG -1 for that property at 13555 Blakmaral
Lane. To the owners agreement, to restrict the subject property as
follows: IA, single family detached dwelling and accessory use
structures, B no more than one dwelling unit at a maximum density
of .092 per acre, and continuing on with the first 1 C is a winery
with a customer visits and purchase of wine by appointment only
with a maximum five appointments per day with a maximum
number of customers at ten persons at any time with hours of
operation from 9am to 6pm. And then D,' uses pursuant to section
64-415, use regulations of the AG -1 district. So I'm just referring
back to what's in our zoning ordinance, what are the uses
permitted in AG -1. And then, uses allowed by administrative use
permit pursuant to article 9 of chapter 64. So this is the section of
possible use permits, whether they're administrative or whether
they are through a full'public hearing process that one could come
to ask for on this property since it's zoned AG -1. But again that
would be up to you all ultimately whether you want to approve any
such uses that are permitted with a use permit in AG -1. So 2A is
basically a general condition, compliance with the site plan
submitted on January 28a', 2021. And 3, this is the condition that
would be allowing for the variance to allow the existing structure
to be located in the front yard. So with that said, I'm open to any
questions or comments' you might have on this request.
Mayor Lockwood: I'm going to start out with questions you have for Robyn and then
I'm going to open it up to public comment after that. Laura?
Ms. Bentley: Robyn, was Planning Commission's recommended condition
incorporated into staff's conditions?
Ms. MacDonald: It was, so that was this 1 C so there was a lengthy conversation,
deliberation with the applicant talking about how this property
would be used beyond just propagating grapes. Obviously that's a
great thing to do, but working with the applicant seeing what his
vision was for the property which was appears to be fairly low
intensity and that's what he agreed with the Planning Commission
once they deliberated and talked through the different scenarios
that might or could happen on the property.
C'.
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Regular Meeting of the Milton City Council
Monday, May 10, 2021
Page 37 of 53
Mayor Lockwood: Okay. Paul.
Mr. Moore: Robyn, does this winery at this point ultimately presented to you as
sale and consumption of wine on the premises. There's no
discussion of any alcohol or beer.
Ms. MacDonald: Correct, he's intending to sell his own wine that he produces per
the Georgia state law for a farm winery.
Mr. Moore: If I think back to the other winery that we heard some time ago,
there was special consideration that we had to give to them for the
use of foreign wine, wine outside of Georgia for, I'm sorry, grapes
outside of Georgia for the production of the wine. Are we being
asked to contemplate any of those things for this?
Ms. MacDonald: No, no. I think he's going to be complying with the Georgia state
law which you can ask him that question because he's more an
expert than I am, but I believe that they have to use 40% of
domestic produce in the wine that comes from Georgia, but you
can double check with him.
Mayor Lockwood: Any other questions for Robyn? I'll open up to public comment
and I don't know if it matters, any that are in favor of this
application.
City Clerk: And I have none, sir.
Mayor Lockwood: It may be that the applicant may want to, I don't know if it's
necessary or not. Does anyone have questions for the applicant?
Mr. Moore: I'd like to follow up.
Mr. Rosenberger: And that's my wife up there and she's like if he gets a chance to
talk, he's going to because that's one of my faults in life.
Mayor Lockwood: Would you rather your wife came up?
Mr. Rosenberger: No. I want to know how we can get the sizzle sheets for the
winery because those were awesome. As a resident, those were
great so good job.
Mayor Lockwood: And if you don't mind just stating your name and address for the
record.
Mr. Rosenberger: Jim Rosenberger, 13555 Blakmaral Lane.
Regular Meeting of the Milton City Council
Monday, May 10, 2021
Page 38 of 53
Mayor Lockwood: Any questions? Go ahead Paul.
Mr. Moore: Mr. Rosenberger, if I could just follow up on the question I asked
staff a moment ago, about the actual production. Is your
production going to be per the Georgia winery rules? I think it is
40% has to be.
Mr. Rosenberger: That's correct, we have to get 40% of our grapes from Georgia.
They don't have to be our grapes because we literally planted our
grapes last year. We won't have fruit for a couple years so we still
have to go through the whole licensing procedure with the State so
that's going to take some time. But the idea would be yes to blend
wine with the 40% minimum requirement from Georgia grapes.
Mr. Moore: In doing that, know it's a by right use so at least some of these
questions may be moot in terms with what you're entitled to do,
but just from a standpoint of me understanding what the operation
will look like eventually, how big of an operation do you intend,
think it's going to turn into? Will you have deliveries?
Mr. Rosenberger: I think this started off as kind of a hobby for my wife and I. We
love wine, we drink wine regularly. And we thought if there was a
way that we could take advantage of the Georgia Farm Winery
Act, we wanted to try to do that. I think the idea of the tasting was
how can we get people to know about our wine if they can't taste
it. I don't, and the reason we agreed to those conditions that they
put up is that we don't see this being a big commercial operation if
we made wine, and people loved it, we'd find an amazing location
somewhere else, not in a subdivision to go do this on a bigger
scale. So as long as we're in a subdivision, one of the things that
came up at the last meeting is that the City or approve or not
approve anything we do, but the ultimate kind of comes from our
neighbors because we have covenants within the neighborhood that
dictate what we can and cannot do. So we're going to have to be
very small-scale and very compliant to make sure we don't ruffle
any feathers because we don't want to do that. We want to do this
as more of a hobby type winery and then if it takes off and does
great things, we'll look at some other options down the road, but
not in this location because this location doesn't allow that. And I
think that's why they put those guardrails around the approval that
they conditionally gave us.
Mr. Moore: Maybe transparent, that's my biggest concern is it's potentially an
AG -1 approved use that turns into something that's more
commercial and resides in a residential setting.
Regular Meeting of the Milton City Council
Monday, May 10, 2021
Page 39 of 53
Mr. Rosenberger: It wouldn't be the, we don't have the parking, we don't have, it just
doesn't make sense, and the other side is that my wife and I own
and IT consulting company. That's our main business. We do
well. Weren't not giving that up to go grow grapes. This is going
to be more of a hobby winery more than anything else. Down the
road, in the next chapter of our life, if it takes off, we'll go find a
suitable location maybe out somewhere, looking at that map
earlier, where it is encouraged and it is supposed to be not in a
subdivision. So I think the minimum requirements they gave us
was something we were happy to have because you know we don't
want it to be bigger than that. Not at this location.
Mr. Moore: One of the suggestions from, I think it was the community zoning
information meeting, was that you'd be better getting some support
to be able to demonstrate to us from the (inaudible) have you
sought?
Mr. Rosenberger: I sent emails from all the neighbors to Robyn well over a month
ago saying they all supported it, so we had pretty much unanimous.
Boxwood Estates, our subdivision, is five houses. There's eight
lots, we own three of them and there's five other ones. All five of
the people in our subdivision said, we love it, when's the first
tasting? We want to come over. So we do have unanimous
support from our immediate neighbors for the concept.
Mayor Lockwood: Laura.
Ms. Bentley: The barn that's currently on the property, it won't be used for
animals, what will you use it for?
Mr. Rosenberger: A tasting room.
Ms, Bentley: Okay, a tasting room.
Mr. Rosenberger: It's already been converted. And that's, if you guys have a minute,
I know it's been a long night, but we had horses there and then my
wife and I went out of town on vacation and we asked our older
kids to take care of the horses. Really? They're your horses,
within a month the horses were gone and we said no more horses
because we said this is an expensive habit that no ones taking
advantage of. So at that point we decided to make it more of an
accessory use structure where we could have get togethers, we
could do art projects, but not house animals. In fact, we've
actually brought in concrete and poured it in several of the stalls to
get more of an even surface. We've gone past the whole
Regular Meeting of the Milton City Council
Monday, May 10, 2021
Page 40 of 53
equestrian concept. If we ever wanted horses again, we already
have a two staff outbuilding on the back of the property, it's been
there for ten years, we could easily put horses in that structµre.
Ms. Bentley: As far as parking, it's not close to the property lines or anything, it
didn't look like it.
Mr. Rosenberger: `It's not, it's not. And the other thing when Robyn showed that
picture, the front of the barn is 300 feet off the cul-de-sac, so we're
literally back there. We're close to no on else on any of the sides.
Ms. Bentley: I don't know a lot about wine tasting rooms, so forgive me, so will
you sell bottled wine? And wine by the glass, is that how it
works?
Mr. Rosenberger: The way it typically works, is you go there; you pay a small fee
and you get to taste different, you get a one ounce pour of white
wine or rose wine or red wine, and then if you like it you can
purchase the wine and take it with you. Our hope is someday we
can eventually do some type of wine club where from another
location you can ship wines to people's houses. The bulk of the
sales, we don't see it as a liquor store per se, people aren't going to
be driving there to buy a bottle of wine, it would be in conjunction
with a tasting.
Ms. Bentley: Thank you.
Mayor Lockwood: Anybody else?
Ms. Cookerly: I'm good, thank you.
Mayor Lockwood: Okay, Paul.
Mr. Moore: One more question about the production process. What do you
anticipate your staff to be? I imagine it's going to be beyond the
two doing the crushing and the bottling.
Mr. Rosenberger: You know, we'll probably do that elsewhere. At least the initial
thought is that, the name of the winery is D Rose Vineyards. Last
name is Rosenberger, my wife's name is Darren, so D Rose
Vineyards. Vineyards is a word that means we blend things
together. Our idea is we are probably going to go to commercial
mixing operations to do all the bottling and mixing for us. To do it
on site, we may have barrels of wine on site for more of an
aesthetic type of thing, but I think a lot of the production is going
Regular Meeting of the Milton City Council
Monday, May 10, 2021
Page 41 of 53
to be off site because number it's a big investment and number two
it's a lot of work and number three, we really don't know what
we're doing. So when you combine all those things together, we
may some day move into more production facility, but for the
foreseeable future, I just don't have a business plan for that. It's
going to be done off site by people who do this full time.
Mr. Moore: (Inaudible)
Mr. Rosenberger: Because we're in a subdivision, I think we have certain limitations.
If things change, we'd have to come back in front of the board and
say can we do this, can we do that. And if it made sense, you'd
approve it and if it didn't you say, no thank you and if it was
something we'd really believed in, we'd go find some rural land
off of Birmingham Highway where the City can endorse it and say
that's a great location, go do it there. But not in this location, yes
absolutely would abide by what you recommended because it
works fine for us, what we're trying to do.
Mayor Lockwood: Okay, anybody else? All right, no other public comments, I'm
going to close the public hearing part and again if there's any
questions for staff or if not I'll open up for a motion.
Mr. Rosenberger: Thank you so much.
Mr, Jamison: All right Mayor, I'd like to make a motion to approve Agenda Item
No. 21-125 with staffs recommending conditions.
Ms. Cookerly: Second.
Mayor Lockwood: I have a motion from Councilmember Jamison for approval with a
second from Councilmember Cookerly. All in favor, please say
aye.
All: Aye.
Motion and Vote: Councilmember Jamison moved to approve Agenda Item
No. 21-125 with staff's recommending conditions. Councilmember Cookerly
seconded the motion. The motion passed (7-0).
Mayor Lockwood: That's unanimous. We wish you well and beautiful property. I
hope you guys enjoy it.
Mr. Rosenberger: Thank you.
Regular Meeting of the Milton City Council
Monday, May 10, 2021
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Mayor Lockwood: We'll move on to Unfinished Business if you'll please call that
item, Tammy.
City Clerk: That item is Consideration of an Ordinance of the Mayor and City
Council of the City of Milton, Georgia, to Adopt Amendments to
the Fiscal Year 2021 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. 21-126, Ms. Bernadette Harvill.
Ms. Harvill: Good evening Mayor and Council. At the April 20h meeting, we
went over the proposed budget amendments in detail at the public
hearing held that evening. Tonight I will just summarize the
amendments for the general fund and answer any questions that
you may have about those amendments or any, of the other
amendments pertaining to the other City funds.
Before you is the general fund budget summary. You will see the
original anticipated revenues for fiscal year 2021 at $29.5 million.
There is a proposed increase of $5.2 million which includes current
year revenue anticipation adjustments as well as $1.65 million
related to the CARES Act Grant for revenues recognized in
FY2021 that will reimburse expenditures incurred in FY2020.
Should you approve the amendments before you, the total
projected general fund revenue budget will be $34.7 million. For
the expenditures, the original FY2021 budget consisted of $31.1
million. The proposed amendments will increase this to $39
million with 7.7 million of that going out to the City's pay-as-you-
go funding program in the capital projects fund. Those funds will
go towards payment management, Fire department and
Community Development's vehicle reserve accounts, funding for
future active park land acquisition, passive park improvements,
and traffic calming efforts identified by the Local Road Safety Plan
Project that is underway. Other expenditure amendments in the
general fund include the proposed staffing changes that were
outlines on page 11 of the amendment packet, the allocation of
funds set aside to address year one initiatives for the new five year
Strategic Plan, requested equipment for the emergency operations
center, and the recognition of donations and insurance proceeds
received this fiscal year. After taking all of the proposed
amendments into consideration, the projected fund balance will be
$8,839,167 which keeps the City compliant with the required fund
balance reserve policy of 25% of the subsequent year's revenues.
Regular Meeting of the Milton City Council
Monday, May 10, 2021
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With that, I'll be happy to answer any questions you may have.
Mayor Lockwood: Any questions for Bernadette? All right, do we have any public
comment on this?
City Clerk: We do not, Mayor,
Mayor Lockwood: Okay, I'll close the hearing on this. If there are no other questions,
I'll open up for a motion on this.
Ms. Bentley: Mayor, I'd like to make a motion to approve Agenda Item No. 21-
126.
Mr. Moore: Second.
Mayor Lockwood: Okay, I have a motion from Councilmember Bentley with a second
from Councilmember Moore. All in favor, please say aye.
All: Aye.
Motion and Vote: Councilmember Bentley moved to approved Agenda Item
No. 21-126. Councilmember Moore seconded the motion. The motion passed
(6-0). Councilmember Longoria was absent from the meeting.
NEW BUSINESS
Mayor Lockwood: That passes, unanimous. Thank you, Bernadette and all your staff.
We'll move on to New Business. Tammy, if you'll please call the
item.
City Clerk: The New Business item is Consideration of the Issuance of an
Alcohol Beverage License to L'Amour Nails & Spa, LLC, at 850
Mayfield Road, Suite 101 B, Milton, Georgia, Agenda Item No. 21-
144, Ms. Bernadette Harvill.
Ms. Harvill: L'Amour Nails is right here in downtown Crabapple. This is a
change of ownership for an incidental service license and having a
change of ownership and they're in compliance, so staff
recommends approval.
Mayor Lockwood: Okay, do we have any questions? Any public comment on this?
City Clerk: No.
Regular Meeting of the Milton City Council
Monday, May 10, 2021
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Mayor Lockwood: Okay, I'll close the hearing on that and open up for a motion.
Ms. Cookerly: I make a motion that we approve Agenda Item No. 21-144 as read.
Mr. Moore: Second.
Mayor Lockwood:I have a motion from Councilmember Cookerly and a second from
: Councilmember Moore. All in favor, please say aye.
All: Ave.
Motion and Vote: Councilmember Cookerly moved to approve Agenda Item
No. 21-144. Councilmember Moore seconded the motion. The motion passed
(6-0). Councilmember Longoria was absent from the meeting.
Mayor Lockwood: That passes, unanimous.
Ms. Harvill: Thank you.
Mayor Lockwood: Tammy, if you'll please call the next item.
City Clerk: That next item is Consideration of a Conflict Waiver that will
Authorize Jarrard & Davis, LLP to Prepare an Intergovernmental
Agreement (IGA) between Forsyth County and the City of Milton
for a Coordinated Roadway Maintenance Project on Bethany
Bend, Agenda Item No. 21-145, Mr. Ken Jarrard.
Mr. Jarrard: Mr. Mayor, members of Council, thank you very much. This
actually is directly linked to your next agenda item, which is the
actual intergovernmental agreement. Well we do share Forsyth
County and the City of Milton a boundary on this particular area of
roadway, the project to do some paving and patching (inaudible).
Mayor Lockwood: Would you agree to if it gets down to a splitting a penny, that it
would
Mr. Jarrard: The penny is yours, the whole penny.
Mr. Lockwood: Just kidding. Any questions for Ken on this? Okay, I'll open up
for a motion.
Ms. Bentley: Mayor, I'd like to make a motion to approve Agenda Item No. 21-
145.
Regular Meeting of the Milton City Council
Monday, May 10, 2021
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Mr. Moore: Second.
Mayor Lockwood: Okay, I have a motion from Councilmember Bentley and a second
from Councilmember Moore. All in favor, please say aye.
All: Aye.
Motion and Vote: Councilmember Bentley moved to approve Agenda Item No.
21-145. Councilmember Moore seconded the motion. The motion passed (6-0).
Councilmember Longoria was absent from the meeting.
Mayor Lockwood: That's unanimous. Tammy, if you will please call the last item.
City Clerk: It's the consideration of an Intergovernmental Agreement between
the City of Milton and Forsyth County for a Coordinated Roadway
Maintenance Project on Bethany Bend, Agenda Item No. 21-146,
Ms. Sara Leaders.
Ms. Leaders: Roundabout and the county line is a portion, the center line of
Bethany Bend is the county line for a portion of that roadway
project so this provides for Forsyth County to fund that portion of
work outside our City limits.
Mayor Lockwood: Thank you. Any questions?
Mr. Mohrig: Just a comment, I think they actually started today because they
started today because they started to tear up some of the tar on the
Forsyth side. They had people out there working so, I'm glad this
is actually a coordinated effort.
Mayor Lockwood: Would you like to make a motion?
Ms. Cookerly: Yes, Mayor and Council, I'd like to make a motion to approve
Agenda Item No. 21-146.
Mr. Mohrig: Second.
Mayor Lockwood: Okay, I have a motion for approval from Councilmember Cookerly
with a second from Councilmember Mohrig. All in favor, please
say aye.
All: Aye.
Motion and Vote: Councilmember Cookerly moved to approve Agenda Item
Regular Meeting of the Milton City Council
Monday, May 10, 2021
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No. 21-146. Councilmember Mohrig seconded the motion. The motion passed
(6-0). Councilmember Longoria was absent from the meeting.
MAYOR AND COUNCIL REPORTS
STAFF REPORTS
Department Updates
1. Public Works
Mayor Lockwood: That's unanimous. Thank you. Okay, we'll move on to Reports.
Does anybody have anything Council would like to report on?
We'll move on to Staff Reports. Sara.
Ms. Leaders: ? -Just a few updates on different divisions in Public Works. In the
planning side, we have the TSPLOST 11, we're having a public
forum tomorrow night starting at 6:00. We'll have a version here,
it will be in person and we will also do through Zoom. We've got
some interactive questions and just some feedback on types of
projects and then specific projects as well. And then we'll be
bringing the results of that to the Work Session on the 17th so
upcoming work on that.
For design work, we are beginning one of the last TSPLOST
projects to get started from TSPLOST I is State Route 140 at
Green Road so tonight on the agenda was the contract for a
consultant to help us with traffic counts and analysis and working
with GDOT on permitting improvements for that location.
For some projects in bid, we talked about the Former Milton
Country Club tonight, so we'll be moving forward with getting that
under contract for construction. On the agenda tonight was also
the Hopewell at Bethany house demolition, so that will come
ahead of the construction at that location for the roundabout, so
we'll be moving forward with that demolition of the house that
was purchased through the right of way acquisition project. And
then at the next Council meeting, we're anticipating to have a
construction contract for the Hopewell at Bethany project for
approval.
Paving has started. Been working on residential roads and I
believe the work on Bethany Bend was Forsyth coming ahead of
us and going ahead and doing some patching work so that must be
the work that started there. We're really trying to hold off on
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Regular Meeting of the Milton City Council
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Bethany and Cogburn which are two main roads in this year's
paving, until school lets out. So that was just some prep work,
prepping for the overlay that will start in the summer.
And just an update on one program that was a pilot program, an
initiative for this year, was the street sweeping. So we did the first
round of street sweeping in January and through that collected
about 25 cubic yards of debris. In a 14 by 7-1/2 foot dumpster,
that's about six feet deep of debris. And then we did another
round, so that was our first round of street sweeping, we did
another round in April and got about half of that so we expect
more after the fall leaves, but that's been a good initiative so far.
I'll answer any other questions you have for Public Works.
Mr. Mohrig: Not another question, but a comment. Avensong has had major
sink holes on Serenade that we've been trying to do something.
Appreciate Matt working with us and trying to actually get a
communication with the a HOA. They are excited that you are
actually going to be doing that paving and repaving, fixing those
within Avensong, so appreciate the effort to actually do
communication with the individual subdivisions and coordinate
that. Kudos to you guys for that.
Mayor Lockwood: Anybody else? Thank you, Sara. All right, back to Chief.
STAFF REPORTS
Department Updates
2. Fire
Chief Benmoussa: I'm here to provide some exciting updates for us in the Fire
department. The first one is 23% increase year to date in the call
volume compared to last year, that's a significant jump. But
obviously last year because of covid, we had reduced responses,
but now that things are getting back to normal it is just a trend.
That was nationwide actually. Two months ago we were at 7%,
but then as we moved forward to date 23% increase.
Some of the things we're doing, we are revamping our community
paramedicine program into more of a comprehensive Milton Fire
CARES program which is Community Advocates for Referral and
Education Services. We want to expand our, be very proactive
Regular Meeting of the Milton City Council
Monday, May 10, 2021
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with our community paramedicine and try to help our residents sort
of navigate the health system, reduce unnecessary trips to the ER.
That should help with our 911 response, but also helps our citizens
in a sense not incur unnecessary costs and trips that can be very
costly to the ER, so we're working through this program and the
vaccine was the first project of the Milton Fire CARES program.
Some great news here, I'd really like to thank Steve for his support
and also your support, we now have paramedic advanced life
support system wide through out the City. Before the ladder truck
was a basic life support so it relied on other units to respond with it
so we could provide advanced life support. Now we don't have to
worry about that anymore, we are completely ALS, advanced life
support, through out the City. We're one of the very first cities in
North Fulton that is actually fully staffed with a paramedic and
fully equipped with advanced life support. No matter what the call
is, as long as it's inour scope of practice, we'll take care of it.
This is a great enhancement and optimization of services for our
residents.
Vaccine activities, we vaccinated over 200 people. We hosted a
couple of community vaccine clinic partnerships with the Turkish
Community Center. ' We have an event this Sunday at the
Crabapple Market Car Show. We'll be adding Johnson and
Johnson in addition to Moderna. I just found'out that the FDA just
approved the Pfizer for 12-15 year olds, so we'll probably be
looking at hopefully providing that service. We've had some
questions from a lot of parents asking when can we give our kids
the vaccine. So we'll have to, Pfizer is a little more complicated,
because of the freezing and everything else, so we'll have to work
through that.
Some other the activities, Milton was selected as a rotation site for
the Harvard/Beth Israel Deaconess Medical Center Disaster
Medicine Fellowship. We'll be hosting two doctors the week of
May 24th. They'll be here doing their emergency services rotation.
It's a great partnership for us, it puts Milton on the map. It's a
prestigious partnership. Some of the rotation sites include the
White House medical response team, some of the prestigious
universities, so Milton one of only two fire departments that have
the honor to participate in this fellowship.
We launched our Milton Fire -Rescue Leadership and Professional
Development Academy. It's been 12 months and this is to prepare
our members for opportunities for sustainment of their professional
Regular Meeting of the Milton City Council
Monday, May 10, 2021
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development. We have about 16 members in all right now. It's a
great program. Hopefully we'll be able to open it regionally to
other departments. Like what Steve said to us, we'd like others to
catch up to Milton, not Milton to catch up to others, so that's what
we're doing.
Community Risk Reduction Education, we had several members
attended community risk reduction. This is approached fire
prevention from a holistic approach which is a community risk
reduction. Identifying certain risks within the City and addressing
those specific risks. So that's what we're doing right now, we're
analyzing the data and then we're engaging with our community
based on the studies that we're doing, the data that we're
gathering.
Next month we'll be hosting an Advanced Cardiac Resuscitation
Symposium. It's going to be a regional thing hosted by Milton
Fire and our goal is to increase our cardiac arrest survivability rates
here in Milton. We want to go above the national average and
hopefully we can do some results. The Advanced Cardiac
Resuscitation has been used in certain parts of the country. It's a
very different way of looking at the traditional, how we respond,
and how we treat cardiac arrest. And some of those communities
that have adopted this model, have seen some really great results
within their community as far as survivability.
With that, if you have any questions.
Mayor Lockwood: Questions for Chief? Comments, go ahead Paul.
Mr. Moore: Chief, big shoes to fill coming into our City. We had a wonderful
Chief who served us from our get go. Not to diminish his
contribution to our City, in any way whatsoever, he left great
fingerprints on our City. I will tell you every single interaction
I've had with you, you've been nothing less than spectacular.
You're setting a new standard for this City that I just think is
remarkable and I think we are the better City for your leadership.
And can't wait to see what's coming, because it's all been great.
Chief Benmoussa: Thank you, sir, I appreciate it.
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STAFF REPORTS
Department Updates
3. Communications
Mayor Lockwood: Okay, thank you, sir. And last, but not least. Well, Fire took up
your time slot.
Mr. Botelho: Part of the problem is as in our leadership meetings, cause I'm
involved in everything so I keep talking and talking and talking, so
this only going to take like 30-40 minutes.
Mayor Lockwood: Can you please state your name and address?
Mr. Botelho: There is something to be said that everything that everyone said,
like TSPLOST II, Comp Plan, I'm knee deep in that, TSPLOST II,
I'm knee deep in that. A lot of these Fire vaccine clinics, I'm knee
deep in that trying to get the word out in different way. Public
Works and they're paving all these roads, I'm getting the word out
so all these things, I could just go on and on. Just follow us on
Facebook, among other things, but that's one of the things we
really try to do.
But I want to just a little bit of a diversion, a good source, actually
the chair of the equestrian committee, was listening to WSB radio
last week and was talking about the models of transparency and he
mentioned that the City of Milton is the model. These are
nationally syndicated, I mean that's for a few things and I think
that part of it is when you hire a guy who hasn't worked in
government before, I had my own idea of this, because I thought it
would be a great idea I thought we should do recaps of all the
meetings, I think we should do previews of every single meeting. I
think we should do summaries of every single item, people don't
do that. Why don't they do that because it's a lot of work, because
they are not as crazy as I am, I don't know why. But I think that's
something, our citizens really know that Providence Park is going
on, that a Farmers Market is going to be coming here, otherwise
they may not know, not that they're not going to watch this every
single night, but the idea that it's accessible, don't hide it
somewhere deep on the website, put it on Facebook so they can see
it, but in a different ways, Twitter, so that's something that I think
is important. It's different than, I haven't seen it elsewhere. I
think it's worth that to see how government's working, it also
shows we're not hiding anything. We want to show people what
we're doing. It's a philosophical thing for me, I think it does set
Milton apart. It's hard to realize it when it's just kind of being
Regular Meeting of the Milton City Council
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done, but other places aren't doing that.
And also builds up other things like the Clear Gov platform that
Bernadette had mentioned before, is really cool, builds off that. It
involved a lot of work from Sara Leaders and Jen Hartwig from
my team, who manages our website. Someday we'll have
Laserfiche working too. Little things, like what Tammy does that,
well we basically have to post an agenda and minutes, but we do
more than that. All the documentation, things like that, it's a lot of
work too, but I think it shows again our commitment to transparent
which showing our work which I always believe. And then there's
little things too, like if people can look up street paving. We have
to have high standards in Milton, I believe in that, even if I'll be up
late finishing this recap, I think it's worth it. I think it shows
government at work.
Beyond that, just a few things to touch on. Besides all the other
stuff, we have activities looming in Special Events are working
their way back after covid. So we had everything from goat yoga,
I'm sad I missed it because there were goats on people's backs,
which sounds like fun. There was an animal rescue event.
Crabapple Fest planning has begun in earnest, knock on wood,
October 2"d. We think things are turning and we can have a safe
and finally bring the community back together steadily, the time
has come until the next pandemic hits. Another thing too, we've
worked on equestrian branding. This is all of our themes in terms
of the Comp Plan, Strategic Plan, things like that. This has come
up to set Milton apart and build community. I had some time with
the Equestrian Committee, we've actually just started a local thing
in terms of everything from profiles of local equestrians to how-
to's or horse jokes, apparently Brian Maloney has a lot of horse
jokes. That will feed into a national, we've done some preliminary
work on a national campaign to figure out how we can reach
people so we can have more small to medium size horse farms in
the City to preserve that.
Beyond that, there's a lot again. I'm not going to delve into these
things, but I will have one last thing if you can and for people in
Milton who are watching right now. Police officer Rebecca
Tidwell is serving in Afghanistan. She's a Milton Police officer.
Her deployment was extended. So asked if we could do something
special. And they don't want to do it, not just for Rebecca, she
wants to do it for her whole unit. So we have four elementary
schools, have already started sending messages in, notes to her.
There are also some treats we're planning, towards the end of the
Regular Meeting of the Milton City Council
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week the Police department is getting the word out on that. We're
trying to send a special gift package from the City of Milton from
all the people, not just the City government. So hopefully more
people will join that.
Thank you very much. Any questions?
Ms. Bentley: Greg, I just want to make a comment. Your description of our
agenda, I saw, I think that was new of what each item is. The
detail of it.
Mr. Botelho: Yes.
Ms. Bentley: That was very helpful. I learned something from reading it too.
So thank you very much for all of your hard work. I know it takes
a lot of time. And I did forget to mention that Police are having a
shredding event on Wednesday, this is like my favorite thing of the
whole year. You can take all your stuff. This is so exciting, it's
free.
Mr. Botelho: Until the big thing fills up.
Ms. Bentley: Yeah, it's great. Wednesday afternoon. And then we had a nice
day in Birmingham.
Mr. Botelho: Yes, that was also, sad I missed it, but it looked fantastic.
Ms. Bentley: Thank you.
Mr. Botelho: Great, thank you very much.
Mayor Lockwood: We do appreciate all the hard work, we do see it, so thank you.
Mr. Botelho: Thanks.
EXECUTIVE SESSION
Mayor Lockwood: All right. Anything else, then we'll move into Executive Session
as added by motion and vote on our agenda to discuss potential
litigation.
Mr. Jarrard: Potential litigation, that's correct. We do need a motion.
Mayor Lockwood: Okay, I'll open for a motion.
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Ms. Cookerly: I'll make a motion to adjourn to Executive Session.
Mayor Lockwood: For potential litigation.
Mr. Mohrig: And acquisition.
Ms. Bentley: Second.
Mayor Lockwood: I have a motion from Councilmember Mohrig and a second from
Councilmember Cookerly. All in favor, please say aye.
All: Aye.
Mayor Lockwood: That's unanimous.
Motion and Vote: Councilmember Mohrig moved to adjourn into Executive
Session at 8:24 p.m. to discuss Potential Litigation and Land Acquisition.
Councilmember Cookerly seconded the motion. The motion passed (6-0).
Councilmember Longoria was absent from the meeting.
RECONVENE
Councilmember Bentley moved to reconvene the Regular Meeting at 9:57 p.m.
Councilmember Jamison seconded the motion. The motion passed (5-0).
Councilmember Longoria was absent from the meeting. Councilmember
Cookerly was absent from the vote.
ADJOURNMENT
Mr. Jamison: Second
Mayor Lockwood: 1 have a motion and a second to adjourn.
Motion and Vote: Councilmember Bentley moved to adjourn the Regular
Meeting at 9:57 p.m. Councilmember Jamison seconded the motion. The
motion passed (5-0). Councilmember Longoria was absent from the meeting.
Councilmember Cookerly was absent from the vote.
Date Approved: July 7, 2021
Joe Lockwood, Mayor