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HomeMy WebLinkAboutMinutes CC - 09/08/2010 - 09-08-10 Reg. Mins (Migrated from Optiview)Regular Meeting of the Milton City Council Monday, September 8, 2010 at 6:00 pm Pap -e 1 of 7 This summary is provided as a convenience and service to the public, media, and staff. It is not the intent to transcribe proceedings verbatim. Any reproduction of this summary must include this notice. Public comments are noted and heard by Council, but not quoted. This document includes limited presentation by Council and invited speakers in summary form. This is an official record of the Milton City Council Meeting proceedings. Official Meetings are audio recorded. The Regular Meeting of the Mayor and Council of the City of Milton was held on September 8, 2010 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION City of Milton Firefighter, Jason Baswell. CALL TO ORDER Mayor Joe Lockwood and Kyle Wyckoff, Milton High School Senior, called the meeting to order. ROLL CALL Interim City Clerk Gordon called the roll and made general announcements. Council Members Present: Councilmember Karen Thurman, Councilmember Zahner Bailey, Councilmember Bill Lusk, Councilmember Burt Hewitt, Councilmember Joe Longoria, Councilmember Alan Tart. PLEDGE OF ALLEGIANCE Mayor Lockwood and the Sons of the American Revolution led the Pledge of Allegiance. APPROVAL OF MEETING AGENDA Approval of Meeting Agenda (Agenda Item No. 10-1219) Staff recommends the following changes to the meeting agenda: 1. Add an Executive Session discussing litigation and land acquisition. Motion and Vote: Councilmember Tart moved to approve the Meeting Agenda as amended by staff. Councilmember Thurman seconded the motion. The motion passed unanimously 7-0. PUBLIC COMMENT Mayor Lockwood read the rules for Public Comment. • Public comment is a time for citizens to share information with the Mayor and City Council and to provide input and opinions on any matter that is not scheduled for its own public hearing during today's meeting. • There is no discussion on items on the Consent Agenda or First Presentation from the public or from Council. • Each citizen who chooses to participate in public comment must complete a comment card and son submit it to the City Clerk. • Please remember this is not a time to engage the Mayor or members of the City Council in Maw conversation. • When your name is called please step forward and speak into the microphone stating your name and address for the record. • You will have five minutes for remarks. Regular Meeting of the Milton City Council Monday, September 8, 2010 at 6:00 pm Paee 2 of 7 There was no public comment. CONSENT AGENDA Interim City Clerk Gordon read the Consent Agenda items: 1. Approval of the August 9, 2010 Work Session Meeting Minutes. (Agenda Item No. 10-1220) (Sudie Gordon, Interim City Clerk) 2. Approval of the August 16, 2010 Regular Council Meeting Minutes. (Agenda Item No. 10-1221) (Sudie Gordon, Interim City Clerk) 3. Approval of an Agreement between the U.S. Department of Justice (DEA), and the City of Milton Police Department for HIDTA Task Force. (Agenda Item No. 10-1222) (Deborah Harrell, Chief of Police) 4. Approval of the following plats: Name of Development Action Comments Lara Villa Estates Minor Subdivision Original 5 Lot Subdivision Replatting Lots 3-5 SW Corner of Minor Commercial Plat Plat for Commercial Birmingham Village (Condo) Condominium Use Fountain Key Trust Minor Plat Creates One New Lot (2 Total) on 38 Acres Jeff & Cristell Perkins Minor Plat Combine lots 2 and 3 (3 total) on 8.3 acres (Agenda Item No. 10-1223) (Lynn Tully, Community Development Director) 5. Approval of a Contract between Delinquent Tax Services, Incorporated and the City of Milton, Georgia for Delinquent Tax Collection Services. (Agenda Item No. 10-1224) (Stacey Inglis, Finance Director) 6. Approval of a Resolution for the Supplemental Lease Agreement with Georgia Municipal Association for Pierce Contender Series Pumper. (Agenda Item No. 10-1225) (Stacey Inglis, Finance Director) 7. Approval of a Professional Services Agreement between the City of Milton, Georgia and Lowe Engineers, LLC Relating to the Management and Collection of Data in Support of Milton's NPDES permit. (Agenda Item No. 10-1226) (Carter Lucas, Public Works Director) Regular Meeting of the Milton City Council Monday, September 8, 2010 at 6:00 pm Paae 3 of 7 8. Approval of a Professional Services Agreement between the City of Milton, Georgia and Wolverton & Associates in the Amount of $5,878.00 for a Drainage Repair Project on Thompson Road. (Agenda Item No. 10-1227) (Carter Lucas, Public Works Director) 9. Approval of an Agreement for Sale of Realty between the City of Milton, Georgia and First Citizens Bank and Trust. (Agenda Item No. 10-1228) (Ken Jarrard, City Attorney) 10. Approval of an Agreement with MARTA for the use of Offset Funds for the Purchase of a One Acre Parcel on the Southwest Corner of Deerfield Parkway and Webb Road. (Agenda Item No. 10-1229) (Carter Lucas, Public Works Director) Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda. Councilmember Zahner Bailey seconded the motion. The motion passed unanimously 7-0. REPORTS AND PRESENTATIONS 1. A Proclamation Recognizing Constitution Week Presented to the Sons of the mom American Revolution and the Daughters of the American Revolution. (Presented by Councilmember Bill Lusk) Councilmember Bill Lusk Presented the Proclamation Recognizing Constitution Week to the Sons and Daughters of the American Revolution. 2. Presentation by the Hopewell Middle School Eco -Explorer Club and Junior Beta Students of Decorated Recycled Horseshoes to the City of Milton for Display. (Presented by Chris Lagerbloom) Hopewell Middle School Eco -Explorer Club and Junior Beta Students presented the City of Milton with Decorated Recycled Horseshoes for display in City Hall. FIRST PRESENTATION 1. ZM10-02 — A request by JSB Triangle, Inc., located on Morris Road and Bethany Bend, Hidden Forest Subdivision to modify 2002Z-105 and 2003ZM-067/2003VC- 0247 to modify Condition 2.a. (2003ZM-067) by deleting the November 18, 2003 site Plan currently referenced and substituting and placing in lieu thereof the site plan filed on June 30, 2010. To modify Condition 3.e. (2002Z-105) by reducing the minimum 50 -foot perimeter principal building setback to 35 feet where the subject site adjoins property zoned AG -1 (Agricultural). (Agenda Item No. 10-1196) (Deferred on August 2, 2010) (Lynn Tully, Community Development Director) Regular Meeting of the Milton City Council Monday, September 8, 2010 at 6:00 pm Pap -e 4 of 7 2. RZ10-04 — Approval to Amend the City of Milton Zoning Ordinance to Create a Required Distance for Convenience Stores and Service Stations from Residential Now Uses/Zoning Districts within the Northwest Fulton Overlay and State Route 9 Overlay Districts (Chapter 64 Division 5 and Chapter 64 Division 6). (Agenda Item No. 10-1212) (Administratively Deferred on August 16, 2010) (Lynn Tully, Community Development Director) 3. Approval of An Ordinance to Amend the Code of Ordinances of the City of Milton, to Establish the Code of Ethics for the City of Milton; to Further and Incorporate the Policies and Laws of the State of Georgia Relating to Ethical Standards; to Create the Board of Ethics and Provide for Board Membership, Duties, and Responsibilities; to Provide for the Disposition of Ethics Complaints; to Ensure Compliance with Ethical Standards; to Repeal Conflicting Provisions; to Provide for Severability; to Provide for an Effective Date; and for Other Purposes. (Agenda Item No. 10-1212) (Ken Jarrard, City Attorney) 4. Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal 2010 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. 10-1230) (Stacey Inglis, Finance Director) Motion and Vote: Councilmember Tart moved to approve the First Presentation Items. Councilmember Hewitt seconded the motion. The motion passed unanimously 7-0. PUBLIC HEARINGS SECOND PUBLIC HEARING Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt the Fiscal 2011 Budget for each Fund of the City of Milton, Georgia Appropriating the Amounts Shown in Each Budget as Expenditures, Adopting the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations and Prohibiting Expenditures to Exceed Actual Funding Available. (Discussed at Work Session on August 9, 2010) (First Presentation and First Public Hearing on August 16, 2010) (Special Called Work Session on August 23, 2010) (Agenda Item No. 10-1211) (Stacey Inglis, Finance Director) Chris Lagerbloom: • We have removed the Assistant City Manager position entirely. • We have changed the cost of living with that adjustment from 1.5% to 2%. • We added the cascade trailer to refill air tanks at the scene of a fire. Regular Meeting of the Milton City Council Monday, September 8, 2010 at 6:00 pm Page 5 of 7 • Councilmember Tart brought up the idea that we should look at software for the "auto r turn" function. • We have found out that paper use is more efficient than buying the software itself. • Aside from these few things, our budget has remained unchanged. ZONING AGENDA (None) UNFINISHED BUSINESS 1. Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt the Fiscal 2011 Budget for each Fund of the City of Milton, Georgia Appropriating the Amounts Shown in Each Budget as Expenditures, Adopting the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 10-1211) (Discussed at Work Session on August 9, 2010) (First Presentation and Public Hearing on August 16, 2010) (Special Called Work Session on August 23, 2010) (Second Public Hearing on September 8, 2010) (Stacey Inglis, Finance Director) ORDINANCE NO. 1.0-09-74 wpm Motion and Vote: Councilmember Lusk moved to approve the Approval of an ordinance of the mayor and Council of the City of Milton, Georgia, to Adopt the Fiscal 2011 Budget for each Fund of the City ONO of Milton, Georgia Appropriating the Amounts Shown in Each Budget as Expenditures, Adopting the Several Item of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations and Prohibiting Expenditures to Exceed Actual Funding Available. Councilmember Thurman seconded the motion. The motion passed unanimously 7-0. NEW BUSINESS Approval of a Resolution Amending Resolution No. 10-08-68 Appointing Members to the Historic Preservation Commission for the City of Milton by Appointing Members for At Large and District 1. (Agenda Item No. 10-1231) (Mayor Joe Lockwood) RESOLUTION NO. 10-09-155 Mayor Joe Lockwood nominated Patti Silva for the At Large position for the Historic Preservation commission for the City of Milton. Councilmember Thurman nominated Mark Hancock for the District 1 position for the Historic Preservation commission for the City of Milton. *■-� Motion and Vote: Councilmember Zahner Bailey moved to approve a Resolution Amending Resolution No. 10-08-68 Appointing Members to the Historic Preservation commission for the city of Wr Milton By Appointing Member Patti Silva for the At Large position. Councilmember Thurman seconded the motion. The motion passed unanimously 7-0. Regular Meeting of the Milton City Council Monday, September 8, 2010 at 6:00 pm Paee 6 of 7 Motion and Vote: Councilmember Tart moved to approve a Resolution Amending Resolution No. 10- 08-68 Appointing Members to the Historic Preservation commission for the city of Milton By Appointing Member Mark Hancock for the District 1 position. Councilmember Lusk seconded the motion. The motion passed unanimously 7-0. 2. Approval of a Resolution Amending Resolution No. 10-01-126, A Resolution Appointing a Member to the City of Milton Design Review Board At Large. (Agenda Item No. 10-1232) (Mayor Joe Lockwood) RESOLUTION NO. 10-09-1.56 Mayor Joe Lockwood nominated Bruce Smitherman for the At Large position for the Design Review Board for the City of Milton. Motion and Vote: Councilmember Zahner Bailey moved to approve a Resolution Amending Resolution No. 10-01-126, A resolution Appointing Bruce Smitherman as a Member to the City of Milton Design Review Board. Councilmember Lusk seconded the motion. The motion passed unanimously 7-0. 3. Approval of a Resolution Appointing Sudie AM Gordon as City Clerk for the City of Milton, Georgia Effective September 8, 2010. (Agenda Item No. 10-1233) (Mayor Joe Lockwood) RESOLUTION NO. 10-09-157 City Manager Lagerbloom: • Our position of the City Clerk has been filled by our Interim City Clerk Gordon since the departure of our last City Clerk. • Without hesitation, my recommendation to the Mayor is to appoint Sudie Gordon as our official City Clerk. Motion and Vote: Councilmember Hewitt moved to approve a Resolution Appointing Sudie AM Gordon as City Clerk for the City of Milton, Georgia Effective September 8, 2010. Councilmember Longoria seconded the motion. The motion passed unanimously 7-0. MAYOR AND COUNCIL REPORTS (None) STAFF REPORTS Chris Lagerbloom: We were well represented at the meeting this morning to discuss the House Bill 277 for Transportation. EXECUTIVE SESSION The purpose of the Executive Session is to discuss land acquisition and litigation. (Agenda Item No. 10-1233) Regular Meeting of the Milton City Council Monday, September 8, 2010 at 6:00 pm Paee 7 of 7 w.s. Motion and Vote: Councilmember Tart moved to adjourn into Executive Session to discuss land acquisition and litigation at 6:50 p.m. Councilmember Thurman seconded the motion. The motion `"� passed unanimously 7-0. RECONVENE Motion and Vote: Councilmember Thurman moved to reconvene the Regular Meeting at 7:19 p.m. Councilmember Lusk seconded the motion. The motion passed unanimously 7-0. ADJOURNMENT (Agenda Item No. 10-1234) Motion and Vote: Councilmember Lusk moved to adjourn the Regular Meeting at 7:21 p.m. Councilmember Longoria seconded the motion. The motion passed unanimously 7-0. Date Approved: September 20, 2010. am Sudie AM Gordon, City Cler D {r. .N•n Regular Meeting of the Milton City Council Monday, September 8, 2010 at 6:00 pm Pace 1 of 7 This summary is provided as a convenience and service to the public, media, and staff. It is not the intent to transcribe proceedings verbatim. Any reproduction of this summary must include this notice. Public comments are noted and heard by Council, but not quoted. This document includes limited presentation by Council and invited speakers in summary form. This is an official record of the Milton City Council Meeting proceedings. Official Meetings are audio recorded. The Regular Meeting of the Mayor and Council of the City of Milton was held on September 8, 2010 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION City of Milton Firefighter, Jason Baswell. CALL TO ORDER Mayor Joe Lockwood and Kyle Wyckoff, Milton High School Senior, called the meeting to order. ROLL CALL Interim City Clerk Gordon called the roll and made general announcements. Council Members Present: Councilmember Karen Thurman, Councilmember Zahner Bailey, Councilmember Bill Lusk, Councilmember Burt Hewitt, Councilmember Joe Longoria, Councilmember Alan Tart. PLEDGE OF ALLEGIANCE Mayor Lockwood and the Sons of the American Revolution led the Pledge of Allegiance. APPROVAL OF MEETING AGENDA Approval of Meeting Agenda (Agenda Item No. 10-1219) Staff recommends the following changes to the meeting agenda: 1. Add an Executive Session discussing litigation and land acquisition. Motion and Vote: Councilmember Tart moved to approve the Meeting Agenda as amended by staff. Councilmember Thurman seconded the motion. The motion passed unanimously 7-0. PUBLIC COMMENT Mayor Lockwood read the rules for Public Comment. • Public comment is a time for citizens to share information with the Mayor and City Council and to provide input and opinions on any matter that is not scheduled for its own public hearing during today's meeting. • There is no discussion on items on the Consent Agenda or First Presentation from the public or from Council. • Each citizen who chooses to participate in public comment must complete a comment card and submit it to the City Clerk. • Please remember this is not a time to engage the Mayor or members of the City Council in conversation. • When your name is called please step forward and speak into the microphone stating your name and address for the record. 0 You will have five minutes for remarks. Regular Meeting of the Milton City Council Monday, September 8, 2010 at 6:00 pm Page 2 of 7 There was no public comment. CONSENT AGENDA Interim City Clerk Gordon read the Consent Agenda items: 1. Approval of the August 9, 2010 Work Session Meeting Minutes. (Agenda Item No. 10-1220) (Sudie Gordon, Interim City Clerk) 2. Approval of the August 16, 2010 Regular Council Meeting Minutes. (Agenda Item No. 10-1221) (Sudie Gordon, Interim City Clerk) 3. Approval of an Agreement between the U.S. Department of Justice (DEA), and the City of Milton Police Department for HIDTA Task Force. (Agenda Item No. 10-1222) (Deborah Harrell, Chief of Police) 4. Approval of the following plats: Name of Development Action Comments Lara Villa Estates Minor Subdivision Original 5 Lot Subdivision Replatting Lots 3-5 SW Corner of Minor Commercial Plat Plat for Commercial Birmingham Village (Condo) Condominium Use Fountain Key Trust Minor Plat Creates One New Lot (2 Total) on 38 Acres Jeff & Cristell Perkins Minor Plat Combine lots 2 and 3 (3 total) on 8.3 acres (Agenda item No. 10-1223) (Lynn Tully, Community Development Director) 5. Approval of a Contract between Delinquent Tax Services, Incorporated and the City of Milton, Georgia for Delinquent Tax Collection Services. (Agenda Item No. 10-1224) (Stacey Inglis, Finance Director) 6. Approval of a Resolution for the Supplemental Lease Agreement with Georgia Municipal Association for Pierce Contender Series Pumper. (Agenda Item No. 10-1225) (Stacey Inglis, Finance Director) 7. Approval of a Professional Services Agreement between the City of Milton, Georgia and Lowe Engineers, LLC Relating to the Management and Collection of Data in Support of Milton's NPDES permit. (Agenda Item No. 10-1226) (Carter Lucas, Public Works Director) Regular Meeting of the Milton City Council Monday, September 8, 2010 at 6:00 pm Page 3 of 7 8. Approval of a Professional Services Agreement between the City of Milton, Georgia and Wolverton & Associates in the Amount of $5,878.00 for a Drainage Repair Project on Thompson Road. (Agenda Item No. 1.0-1227) (Carter Lucas, Public Works Director) 9. Approval of an Agreement for Sale of Realty between the City of Milton, Georgia and First Citizens Bank and Trust. (Agenda Item No. 10-1228) (Ken Jarrard, City Attorney) 10. Approval of an Agreement with MARTA for the use of Offset Funds for the Purchase of a One Acre Parcel on the Southwest Corner of Deerfield Parkway and Webb Road. (Agenda Item No. 10-1229) (Carter Lucas, Public Works Director) Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda. Councilmember Zahner Bailey seconded the motion. The motion passed unanimously 7-0. REPORTS AND PRESENTATIONS 1. A Proclamation Recognizing Constitution Week Presented to the Sons of the American Revolution and the Daughters of the American Revolution. (Presented by Councilmember Bill Lusk) Councilmember Bill Lusk Presented the Proclamation Recognizing Constitution Week to the Sons and Daughters of the American Revolution. 2. Presentation by the Hopewell Middle School Eco -Explorer Club and Junior Beta Students of Decorated Recycled Horseshoes to the City of Milton for Display. (Presented by Chris Lagerbloom) Hopewell Middle School Eco -Explorer Club and Junior Beta Students presented the City of Milton with Decorated Recycled Horseshoes for display in City Hall. FIRST PRESENTATION 1. ZM10-02 — A request by JSB Triangle, Inc., located on Morris Road and Bethany Bend, Hidden Forest Subdivision to modify 2002Z-105 and 2003ZM-067/2003VC- 0247 to modify Condition 2.a. (2003ZM-067) by deleting the November 18, 2003 site Plan currently referenced and substituting and placing in lieu thereof the site plan filed on June 30, 2010. To modify Condition 3.e. (2002Z-105) by reducing the minimum 50 -foot perimeter principal building setback to 35 feet where the subject site adjoins property zoned AG -1 (Agricultural). (Agenda Item No. 10-1196) XPO. (Deferred on August 2, 2010) (Lynn Tully, Community Development Director) Regular Meeting of the Milton City Council Monday, September 8, 2010 at 6:00 pm Paee 4 of 7 2. RZ10-04 — Approval to Amend the City of Milton Zoning Ordinance to Create a Required Distance for Convenience Stores and Service Stations from Residential Uses/Zoning Districts within the Northwest Fulton Overlay and State Route 9 Overlay Districts (Chapter 64 Division 5 and Chapter 64 Division 6). (Agenda Item No. 10-1212) (Administratively Deferred on August 16, 2010) (Lynn Tully, Community Development Director) 3. Approval of An Ordinance to Amend the Code of Ordinances of the City of Milton, to Establish the Code of Ethics for the City of Milton; to Further and Incorporate the Policies and Laws of the State of Georgia Relating to Ethical Standards; to Create the Board of Ethics and Provide for Board Membership, Duties, and Responsibilities; to Provide for the Disposition of Ethics Complaints; to Ensure Compliance with Ethical Standards; to Repeal Conflicting Provisions; to Provide for Severability; to Provide for an Effective Date; and for Other Purposes. (Agenda Item No. 10-1212) (Ken Jarrard, City Attorney) 4. Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt Amendments to the Fiscal 2010 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. 10-1230) (Stacey Inglis, Finance Director) Motion and Vote: Councilmember Tart moved to approve the First Presentation Items. Councilmember Hewitt seconded the motion. The motion passed unanimously 7-0. PUBLIC HEARINGS SECOND PUBLIC HEARING 1. Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt the Fiscal 2011 Budget for each Fund of the City of Milton, Georgia Appropriating the Amounts Shown in Each Budget as Expenditures, Adopting the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations and Prohibiting Expenditures to Exceed Actual Funding Available. (Discussed at Work Session on August 9, 2010) (First Presentation and First Public Hearing on August 16, 2010) (Special Called Work Session on August 23, 2010) (Agenda Item No. 10-1211) (Stacey Inglis, Finance Director) Chris Lagerbloom: • We have removed the Assistant City Manager position entirely. • We have changed the cost of living with that adjustment from 1.5% to 2%. • We added the cascade trailer to refill air tanks at the scene of a fire. Regular Meeting of the Milton City Council Monday, September 8, 2010 at 6:00 pm Page 5 of 7 • Councilmember Tart brought up the idea that we should look at software for the "auto turn" function. • We have found out that paper use is more efficient than buying the software itself. • Aside from these few things, our budget has remained unchanged. ZONING AGENDA (None) UNFINISHED BUSINESS 1. Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Adopt the Fiscal 2011 Budget for each Fund of the City of Milton, Georgia Appropriating the Amounts Shown in Each Budget as Expenditures, Adopting the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 10-1211) (Discussed at Work Session on August 9, 2010) (First Presentation and Public Hearing on August 16, 2010) (Special Called Work Session on August 23, 2010) (Second Public Hearing on September 8, 2010) (Stacey Inglis, Finance Director) ORDINANCE. NO. 10-09-74 ...s Motion and Vote: Councilmember Lusk moved to approve the Approval of an ordinance of the mayor and Council of the City of Milton, Georgia, to Adopt the Fiscal 2011 Budget for each Fund of the City of Milton, Georgia Appropriating the Amounts Shown in Each Budget as Expenditures, Adopting the Several Item of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations and Prohibiting Expenditures to Exceed Actual Funding Available. Councilmember Thurman seconded the motion. The motion passed unanimously 7-0. NEW BUSINESS Approval of a Resolution Amending Resolution No. 10-08-68 Appointing Members to the Historic Preservation Commission for the City of Milton by Appointing Members for At Large and District 1. (Agenda Item No. 10-1231.) (Mayor Joe Lockwood) RESOLUTION NO. 10-09-155 Mayor Joe Lockwood nominated Patti Silva for the At Large position for the Historic Preservation commission for the City of Milton. Councilmember Thurman nominated Mark Hancock for the District 1 position for the Historic Preservation commission for the City of Milton. wpm Motion and Vote: Councilmember Zahner Bailey moved to approve a Resolution Amending Resolution No. 10-08-68 Appointing Members to the Historic Preservation commission for the city of Now Milton By Appointing Member Patti Silva for the At Large position. Councilmember Thurman seconded the motion. The motion passed unanimously 7-0. Regular Meeting of the Milton City Council Monday, September 8, 2010 at 6:00 pm Paee 6 of 7 Motion and Vote: Councilmember Tart moved to approve a Resolution Amending Resolution No. 10- 08-68 Appointing Members to the Historic Preservation commission for the city of Milton By r.rr Appointing Member Mark Hancock for the District 1 position. Councilmember Lusk seconded the motion. The motion passed unanimously 7-0. 2. Approval of a Resolution Amending Resolution No. 10-01-126, A Resolution Appointing a Member to the City of Milton Design Review Board At Large. (Agenda Item No. 10-1232) (Mayor Joe Lockwood) RESOLUTION NO. 10-09-1.56 Mayor Joe Lockwood nominated Bruce Smitherman for the At Large position for the Design Review Board for the City of Milton. Motion and Vote: Councilmember Zahner Bailey moved to approve a Resolution Amending Resolution No. 10-01-126, A resolution Appointing Bruce Smitherman as a Member to the City of Milton Design Review Board. Councilmember Lusk seconded the motion. The motion passed unanimously 7-0. 3. Approval of a Resolution Appointing Sudie AM Gordon as City Clerk for the City of Milton, Georgia Effective September 8, 2010. (Agenda Item No. 10-1233) (Mayor Joe Lockwood) RESOLUTION NO. 10-09-157 .� City Manager Lagerbloom: • Our position of the City Clerk has been filled by our Interim City Clerk Gordon since the departure of our last City Clerk. • Without hesitation, my recommendation to the Mayor is to appoint Sudie Gordon as our official City Clerk. Motion and Vote: Councilmember Hewitt moved to approve a Resolution Appointing Sudie AM Gordon as City Clerk for the City of Milton, Georgia Effective September 8, 2010. Councilmember Longoria seconded the motion. The motion passed unanimously 7-0. MAYOR AND COUNCIL REPORTS (None) STAFF REPORTS Chris Lagerbloom: We were well represented at the meeting this morning to discuss the House Bill 277 for Transportation. EXECUTIVE SESSION The purpose of the Executive Session is to discuss land acquisition and litigation. (Agenda Item No. 10-1233) "�` Regular Meeting of the Milton City Council Monday, September 8, 2010 at 6:00 pm Page 7 of 7 Motion and Vote: Councilmember Tart moved to adjourn into Executive Session to discuss land acquisition and litigation at 6:50 p.m. Councilmember Thurman seconded the motion. The motion oft" acquisition unanimously 7-0. RECONVENE Motion and Vote: Councilmember Thurman moved to reconvene the Regular Meeting at 7:19 p.m. Councilmember Lusk seconded the motion. The motion passed unanimously 7-0. ADJOURNMENT (Agenda Item No. 10-1234) Motion and Vote: Councilmember Lusk moved to adjourn the Regular Meeting at 7:21 p.m. Councilmember Longoria seconded the motion. The motion passed unanimously 7-0. Date Approved: September 20, 2010. Sudie AM Gordon, City lerk Joe Lo o , Mayor "Wr STATE OF GEORGIA COUNTY OF FULTON AFFIDAVIT RE: CLOSURE OF OPEN MEETINGS um" Personally appeared before the undersigned officer, duly authorized under the laws of the State of Georgia to administer oaths, JOE LOCKWOOD, who in his capacity as Mayor and the person presiding over a Council meeting of the CITY OF MILTON, and after being first duly sworn, certifies under oath and states to the best of his knowledge and belief the following: At its regularly scheduled Council meeting held on September 8, 2010, the Council voted to go into closed session and exclude the public from all or a portion of its meeting. The legal exceptions applicable to the exempt matters addressed during such closed meeting are as follows: [Check or initial as appropriate] ( ) Discussing or deliberating upon the appointment, employment, compensation, hiring, disciplinary action, dismissal, periodic evaluation or rating of a government officer or employee [O.C.G.A. § 50-14-3(6)]; (X) Privileged consultation with legal counsel pertaining to pending or threatened litigation, claims, administrative proceedings or settlements [O.C.G.A. § 50-14-2]; (X) Discussing the future acquisition of real estate [O.C.G.A. § 50-14-3(4)]; ( ) Staff meetings for investigative purposes under duties or responsibilities imposed by law [O.C.G.A. § 50-14-3(1)]; ( ) Tax matters made confidential by State law [O.C.G.A. § 50-14-2]; ( ) Inspection of physical facilities under the jurisdiction of the CITY OF MILTON [O.C.G.A. § 50-14-1(a)(2)]; ( ) Meeting with a governing body, officer, agent or employee of another agency at a location outside the geographical jurisdiction of the CITY OF MILTON or such other agency and at which no final action is taken [O.C.G.A. § 50-14-1(a)(2)]; ( ) Other. [Explanation and citation to statutory authority required]: I certify that the subject matter of the closed meeting or the closed portion of the meeting was devoted to matters of official business or policy, with the exceptions provided by law as set forth above. SWORN TO AND SUBSCRIBED before me this 8th day of September, 2010. Notary Public / My Commission Expires:/ - r);)-, MAYO OE LOCKWOOD No Text STATE OF GEORGIA COUNTY OF FULTON AFFIDAVIT RE: CLOSURE OF OPEN MEETINGS "w' Personally appeared before the undersigned officer, duly authorized under the laws of the State of Georgia to administer oaths, JOE LOCKWOOD, who in his capacity as Mayor and the person presiding over a Council meeting of the CITY OF MILTON, and after being first duly sworn, certifies under oath and states to the best of his knowledge and belief the following: At its regularly scheduled Council meeting held on September 8, 2010, the Council voted to go into closed session and exclude the public from all or a portion of its meeting. The legal exceptions applicable to the exempt matters addressed during such closed meeting are as follows: [Check or initial as appropriate] ( ) Discussing or deliberating upon the appointment, employment, compensation, hiring, disciplinary action, dismissal, periodic evaluation or rating of a government officer or employee [O.C.G.A. § 50-14-3(6)]; (X) Privileged consultation with legal counsel pertaining to pending or threatened litigation, claims, administrative proceedings or settlements [O.C.G.A. § 50-14-2]; (X) Discussing the future acquisition of real estate [O.C.G.A. § 50-14-3(4)]; ( ) Staff meetings for investigative purposes under duties or responsibilities imposed by law [O.C.G.A. § 50-14-3(1)]; ( ) Tax matters made confidential by State law [O.C.G.A. § 50-14-2]; ( ) Inspection of physical facilities under the jurisdiction of the CITY OF MILTON [O.C.G.A. § 50-14-1(a)(2)]; ( ) Meeting with a governing body, officer, agent or employee of another agency at a location outside the geographical jurisdiction of the CITY OF MILTON or such other agency and at which no final action is taken [O.C.G.A. § 50-14-1(a)(2)]; ( ) Other. [Explanation and citation to statutory authority required]: I certify that the subject matter of the closed meeting or the closed portion of the meeting was devoted to matters of official business or policy, with the exceptions provided by law as set forth above. SWORN TO AND SUBSCRIBED before me this 8th day of September,/2010. My Commission Exf JOE LOCKWOOD