HomeMy WebLinkAboutPublic Comment Card - CC - 02/22/2023GeNe r6L
MILTONI'
1. Please print.
2. Give the card to the City Clerk BEFORE THE COUNCIL MEETING BEGINS.
3. When your name is called, approach the podium and speak directly into the microphone
and state your name and address. �[
TODAY'S DATE:._G1ZL�� 3 _- _ __ NAME: _ R
ADDRESSASJ/ vrA> v UcrA7oe—U_yP_uJ_ V-�'_ ca PHONE:
Agenda Item No.: OR General Comment F7V c iiA w p,uce
(EXAMPLE: 18-001) (Subject)
❑ 1 WANT TO SPEAK about this Agenda Item
❑ 1 am in SUPPORT of this Item
❑ 1 am in OPPOSITION of this Item
❑ 1 DO NOT want to speak but I would like the following comments read into the record.
You must be present at the meeting to have your commen s rea .
❑ 1 am speaking on behalf of a Group or Neighborhood*** ❑ YES (please complete below) ❑ NO
Name of Group/Neighborhood
***You are required to fill out an Affidavit before speaking on behalf of the group you are representing.
**Please read the following RULES regarding Public Comment:
• Public Comment is allowed on any Agenda Item or a General Public Comment can be made
about something that is not on the Agenda.
• All General Public Comments are allowed a total of five minutes.
• ALL Public Comments in SUPPORT of a Zoning Agenda Item are allowed a TOTAL of ten minutes.
ALL people who wish to speak in SUPPORT have a total of ten minutes as a group.
• ALL Public Comments in OPPOSITION of a Zoning Agenda Item are allowed a TOTAL of ten minutes.
ALL people who wish to speak in OPPOSITION have a total of ten minutes as a group.
If you have made any campaign contributions to a Councilmember aggregating $250.00 or more,
please check "yes" or "no" : ❑ Yes ❑ No.
When you have completed this card, please give it to the CITY CLERK before the meeting begins.
Please see the CITY CLERK if you have any questions regarding this Public Comment Card.
www.cityofmiltonga.us
Revision Date: 06.2018
Good evening.
I'm here representing a large group of concerned residents in my Community who are
concerned that Milton's PTV ordinance is in conflict with our HOA covenants. I need to stress
up front though, this issue is not limited to our particular Community - it affects all Milton HOA's
with similar restrictive covenants.
Our covenants state (quote -unquote)) "No private golf carts will be permitted within the
Community." This restriction applies to both our un-gated and gated sections.
However, our HOA Board, at our December annual meeting, publicly stated they would not
enforce our no -carts covenant in view of Milton's PTV ordinance. So now we have several carts
running around our un-gated Community streets, including multiple sightings of carts driven by
unlicensed minors with young children onboard.
In light of all this, it's ironic that our Community's HOA has recently highlighted the existence of
unsafe street conditions arising from high traffic volumes, unsafe speeds, and non-resident
Country Club traffic. In fact at a recent HOA meeting, Chief Austin was quoted as saying our
neighborhood "is a perfect storm" of traffic problems.
And so many residents are concerned about cart use, and our restriction against golf carts
seems appropriate.
In last year's November 21st Council meeting segment related to new PTV ordinance
amendments, Councilman Mohrig initiated a discussion on if HOA's can regulate PTV's on un-
gated public streets (video mark 1:20:34). Our City Attorney made the following statements
(Paraphrased):
1. "If the HOA covenants regulate or prohibit golf carts, then the covenants would
control' (video mark 1:21:40); "Covenants and Community can shut this down (Carts)"
(video mark 1:22:20).
2. "When you buy your house in a neighborhood, you are accepting that contractual
provision (the covenant) that's says you can't do this (drive carts on public streets).
The City has been kind enough to share the case law supporting those statements, and I've
provided a summary of them to the clerk. One case was a Cobb County lawsuit that
successfully argued that covenants are a binding contractual obligation in upholding a HOA
restriction on public streets - the homeowner on the losing side paid $21,000 in HOA fines and
court costs. Another winning case in Missouri relied on the same argument and survived
appeal.
So why is our Community group here? We're here to ask for the Council's help exploring how
we can assure the City's PTV ordinance doesn't interfere with our HOA golf cart restriction we
all agreed to when we bought our homes. HOA lawsuits are expensive & divisive - there has to
be a better way. So:
1. Can the Council explore PTV ordinance amendments that protect Community HOA rights?
2. Can the Council provide strong education to Milton HOA's regarding HOA's ability to
enforce covenants related to public street restrictions.
To the latter, Councilman Mohrig stated in the November 2022 meeting that "It's important we
educate and let everyone within the City know that if your HOA has said no (to golf carts) then
we need to make sure that's actually a "no" (video mark 1:21:00).
Thank you.
to Fine or Not to Fine: tntorcement of Parking
Restrictions on Public Streets
by David C. Boy, IV, Esq.
Vehicles parked on streets within a community can be an eyesore and safety concern. The
covenants for many communities contain a restriction prohibiting or limiting on -street parking
of vehicles. While an association may be
able to enforce such a restriction by towing
a vehicle from a private street, the Georgia
Court of Appeals in case of Hardin v. City
Wide Wrecker Service, Inc. ruled that a
homeowners association cannot tow
vehicles from a public street. But what
about imposing fines for violating an on -
street parking restriction on a public street?
Or seeking a court -ordered injunction
prohibiting such parking?
While this issue has not been decided by
the Georgia appellate courts, it was
addressed in a Missouri Court of Appeals
case called Maryland Estates Homeowners'
Association v. Puckett. In that case, the
homeowners against whom enforcement
action was taken by the association argued
that because the streets were dedicated to
the public, the association lost its power to
control their use by restricting parking on
those streets. However, the court held that
the covenants at issue were a contract that
owners agreed to upon purchasing
property in the subdivision.The homeowners
were violating their agreement not to park
on the public streets in the subdivision, and
the association had a right to obtain an
injunction prohibiting such parking in the
future. Because the covenants also provided
for the recovery of the association's
attorney's fees from the violating owner, the
court also upheld the trial court's award of
attorney's fees to the association.
While not a reported appellate court
decision, our firm also represented an
association in a 2009 Cobb County Superior
es
LUEDER, LARKIN & HUNTER
Court lawsuit seeking an injunction
prohibiting on -street parking and recovery
of fines and attorney's fees. In the case of
Creekside Community Association, Inc. v.
Figura, Mr. Figura routinely parked a vehicle
on the street adjacent to his house, even
after numerous warnings from the
association and the imposition of daily
fines. A lawsuit ensued, and the Figuras
argued that the covenant prohibiting on -
street parking was invalid as a matter of law,
because the neighborhood's streets were
public roads subject only to the traffic
regulations of city, county, and state
governmental authorities. The court
rejected this argument, ruling that "the
contract between neighbors does not in
any way conflict with government officials'
enforcement of the law against the public
generally" Further, the court found that the
homeowners confused "the governmental
entities' rights to enforce traffic laws and
ordinances against the public at large with
the Creekside neighborhood property
owners contractual obligations to each
other and the Association under the
covenant"
A jury trial was then conducted to
determine the amount of damages (fines,
attorney's fees, and costs) which should
be awarded to Creekside Community
Association due to the parking violations.
One of the issues at trial was proving that
the owner had parked in violation each day
that a $25 fine was imposed by the
association. During testimony, the
association's president testified that each
morning on the way to work he drove past
the Figuras'home, and each day the vehicle
continued to be parked on the street
Although Mr. Figura testified that the
vehicle was moved or parked in the garage
from time to time, the jury determined that
the association was entitled to an award of
most of the fines imposed, and a judgment
was entered against the Fguras for
$21,36050, which included fines, attorney's
fees, and court costs.
While the Puckett and Figura cases are not
binding precedent in Georgia, both are
well -reasoned decisions and persuasive
authority supporting an association's ability
to impose fines to enforce parking
restrictions on public streets. ^
NO PARKIN
IN THIS BLOCK
SAM IV s PM
MON IV FRI INCLU.
PARKING LIMIT
OTHER TIMES ONE H01
Y
t:770.685.7000 f:770.685.7002
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GeNet-aJ
MILTON'*
1. Please print.
2. Give the card to the City Clerk BEFORE THE COUNCIL MEETING BEGINS.
3. When your name is called, approach the podium and speak directly into the microphone
and state vour name and address.
TODAY'S DATE:_ NAM : _� ��(�
1�s.b ` 7
ADDRESS: _ �� _ _ _ _—PHONE: ___� s__CPS_ c's
Agenda Item No.: OR General Comment
(EXAMPLE: 18-001) (Subject)
,/I WANT TO SPEAK about this Agenda Item
❑ 1 am in SUPPORT of this Item
❑ 1 am in OPPOSITION of this Item
❑ 1 DO NOT want to speak but I would like the following comments read into the record.
You must be present at the meeting to have your comments read.
❑ 1 am speaking on behalf of a Group or Neighborhood**• ❑ YES (please complete below) ❑ NO
Name of Group/Neighborhood
***You are required to fill out an Affidavit before speaking on behalf of the group you are representing.
**Please read the following RULES regarding Public Comment:
• Public Comment is allowed on any Agenda Item or a General Public Comment can be made
about something that is not on the Agenda.
• All General Public Comments are allowed a total of five minutes.
• ALL Public Comments in SUPPORT of a Zoning Agenda Item are allowed a TOTAL of ten minutes.
ALL people who wish to speak in SUPPORT have a total of ten minutes as a group.
• ALL Public Comments in OPPOSITION of a Zoning Agenda Item are allowed a TOTAL of ten minutes.
ALL people who wish to speak in OPPOSITION have a total of ten minutes as a group.
If you have made any campaign contributions to a Councilmember aggregating $250.00 or more,
please check "yes" or "no": ❑ Yes ❑ No.
When you have completed this card, please give it to the CITY CLERK before the meeting begins.
Please see the CITY CLERK if you have any questions regarding this Public Comment Card.
www.cityofmiltonga.us
Revision Date: 06.2018
( ene v-a
MILTON*
1. Please print.
2. Give the card to the City Clerk BEFORE THE COUNCIL MEETING BEGINS.
3. When your name is called, approach the podium and speak directly into the microphone
and state your name and address.
TODAY'S DATE: 12 ,[(2. Z Z 3 NAME: flm w��
77 J
ADDRESS: //1 ` G _PHONE:
Agenda Item No.: Y -_n __ b"neral Comment CfiilM IN v1/icL
(EXAMPLE: 18-0011) (Subject)
I WANT TO SPEAK about this Agenda Item
❑ 1 am in SUPPORT of this Item
❑ 1 am in OPPOSITION of this Item
❑ 1 DO NOT want to speak but I would like the following comments read into the record.
You must be present at the meeting to have your commen s rea .
❑ 1 am speaking on behalf of a Group or Neighborhood'** ❑ YES (please complete below) ❑ NO
Name of Group/Neighborhood
***You are required to fill out an Affidavit before speaking on behalf of the group you are representing.
**Please read the following RULES regarding Public Comment:
• Public Comment is allowed on any Agenda Item or a General Public Comment can be made
about something that is not on the Agenda.
• All General Public Comments are allowed a total of five minutes.
• ALL Public Comments in SUPPORT of a Zoning Agenda Item are allowed a TOTAL of ten minutes.
ALL people who wish to speak in SUPPORT have a total of ten minutes as a group.
• ALL Public Comments in OPPOSITION of a Zoning Agenda Item are allowed a TOTAL of ten minutes.
ALL people who wish to speak in OPPOSITION have a total of ten minutes as a group.
If you have made any campaign contributions to a Councilmember aggregating $250.00 or more,
please check "yes" or "no": ❑ Yes ❑ No.
When you have completed this card, please give it to the CITY CLERK before the meeting begins.
Please see the CITY CLERK N you have any questions regarding this Public Comment Card.
www.cityofmiltonga.us
Revision Date: 06.2018