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HomeMy WebLinkAboutOrdinances 24-12-570 - 12/02/2024 - Dissolving the Milton Greenspace Advisory Committee - MGACSTATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. :I_Lf-f cJ -57 0 AN ORDINANCE DISSOL YING THE MILTON GREENSPACE ADVISORY COMMITTEE (MGAC) WHEREAS , on April I 0, 2017 , the City of Milton adopted Ordinance No. 17-04-307 creating the Milton Greenspace Advisory Committee ("MGAC"); and WHEREAS, the City of Milton believes that the MGAC has fulfilled its obligations such that operation of the MGAC is no longer required ; and WHEREAS , the City of Milton is appreciative of the services of tho se that have served on the MGAC; and WHEREAS , the City has determined that it would be in the best interests of the citizens of the City of Milton to dissolve the MGAC. NOW THEREFORE THE MILTON CITY COUNCIL HEREBY ORDAINS that the Milton Greenspace Advisory Committee is hereby dissolved and references to it in the City Code shall be removed .. The public health , safety, and welfare demanding it. ~ so ORDAINED, this ~ day of Deumh er , 2024. P~yton Ja111is-on, Mayor Pro Ter-r. (!,ru-o l e.oo ~ Page 1 of 1 EXHIBIT A [The following text of the Milton Code is to be amended by removing the strikethrough language.] MILTON CODE CHAPTER 2-ADMINISTRATION ARTICLE V. -BOARDS, COMMISSIONS, COMMITTEES AND AUTHORITIES DIVISION 7. CREENSPACE ADVISORY COM1\41TTEE See. 2 284. Creatien. There is hereby created the Milton Greenspace Ad,.·isory Committee ("MGAC") whose mission and purpose shall be to , "participate in the greenspace land selection and acquisition process in conjunction with city council and staff, to facilitate achie¥ement of the objecti¥es of the Greenspace Bond goals, to establish policies and procedures to govern the committee, and to assist city council and staff, on an as needed basis , with the financial o¥ersight of the Greenspace Bond funds in relation to the land acquisition program" In addition , the MGAC shall use and consider certain criteria and factors in land acquisition decisions as resolYed by the city council Resolution }Jo. 16 08 379, dated August 15 , 2016 and pursuant to the Greenspace Bond referendum ballot language appro,.·ed by the majority of Milton Yoters ¥oting in the }Jo,,ember 8 , 2016 election. MGAC is created via ordinance, and is therefore not subject to certain of the requirements of Section 4.11 of the Milton Charter (see , city Charter, section 4.1 l(b)), to specifically include the si2:e limitations and appointment process requirements . See. 2 285. MemhershifJ. MGAC shall consist of the following: (I) 8e'¥1en members appointed b)' the ma)'Or and cit)• council; (2) A quorum for the conduct of business shall be (I) if membership is an odd number, a number that is one half of the appointed membership rounded to the next whole number (i.e., if a seyen member committee, a quorum shall be four); (3) Recommendations as to MGAC members shall be receiYed based upon an open nomination process by Milton citi2:ens; (4) City staff shall re,.·iew the pool ofciti2:en applicants and shall undertake a culling process with due consideration giyen to the public policy objecti,.·es and considerations of the green space bond and as otherwise referenced in this ordinance; and , following that culling process city staff shall submit to the council a recommended list of qualified citi2:ens. The cit)· council shall take that list of qualified citi2:ens under advisement and from that list formulate a proposed MGAC membership panel. The cit)' council shall then make a motion to appro 1,e the entire membership panel in a single Yote during an open meeting of the council. Because formulation of the proposed MGAC membership panel entails deliberations and discussions on the appointment of prospective city officials and officers , discussions as to those MGAC members to be appointed may occur in closed session. No vote of an)' kind regarding appointment ·.viii occur in closed session ; (5) The slate of MGAC members must be approved b)' a majorit)' vote of the council before commencing service ; (6) Each MGAC member must swear an oath prior to commencement of service; (7) MGAC members must be at least 21 years old ; (8) MGAC members are not required to reside in any specific council district, but must be residents of Milton , Georgia with at least one member from each district and all geographic areas of the City represented as best as possible ; (9) MGAC members, following appointment and s·,¥earing , shall be subject to the City of Milton Ethics Code, and shall be considered "city officials" or "city officers" under section 2 798 of the Milton Code (defining a cit)' officer as "any member of a board , commission, or authority appointed by the council , the city manager, and any other appointed officer of the City of Milton"); ( I 0) The cit)' council may consider appointments to MGAC in executi 1,'e session , as MGAC members are declared city officials or cit)1 officers. Any ¥ote regarding appointment shall occur in open session ; ( 11) The cit)' council may remoye a MGAC member, for conYenience , upon majorit)' Yote of the council ; (12) MGAC shal l be subject to the State of Georgia Open Meetings Act, O.C .G.A . 50 11 I et seq., which necessaril)' includes the right to enter into closed or e>(ecuti¥e session to discuss the potential acquisition of land ; ( 13) No city council member shall enter into any closed or executive session of MGAC unless the executi\'e session is a duly called joint executi 1,e session of MGAC and the cit)' council. MGAC shall determine who is needed in executive session to proper!)' conduct such meeting in a matter that is both effecti\'e and otherwise in conformance with the Open Meetings Act; (11) A MGAC member that misses more than three consecuti 11e MGAC meetings, absent extenuating circumstances , shall be deemed automaticall)' remO\'ed from MGAC and the city council shall forthwith nominate and approye a replacement member. An)' such replacement member shall fulfill the remainder of the term of the member so remoYed and shall be entitled to all rights and privileges of any other MGAC member. Sect ion 2 157(c) of the Milton City Code shall also be binding on MGAC ; and ( 15) The city council shall retain the discretion , but not obligation , to authoriz:e a per diem payment to MGAC for meeting attendance. Any such authoriz:ation must be approYed b)' resolution appro¥ed by the cit)' council. This authoriz:ation for compensation , set forth during the creation of the MGAC, is intended to fulfill the mandate of section 2 160 of the Milton Cit)' Code. l ru