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HomeMy WebLinkAboutMinutes CC - 08/16/2010 - 08-16-10 Reg. Mins (Migrated from Optiview)Regular Meeting of the Milton City Council Monday, August 16, 2010 at 6:OOpm Page 1 of 25 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. The Regular Meeting of the Mayor and Council of the City of Milton was held on August 16, 2010 at 6:00 PM, Mayor Joe Lockwood was presiding. INVOCATION Greg Foster, City of Milton Firefighter CALL TO ORDER Mayor Joe Lockwood 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 Julie Zahner Bailey, Councilmember Bill Lusk, Councilmember Burt Hewitt, Councilmember Joe Longoria and Councilmember Tart. PLEDGE OF ALLEGIANCE Mayor Lockwood led the Pledge of Allegiance. APPROVAL OF MEETING AGENDA Approval of Meeting Agenda (Agenda Item No. 10-1206) City Manager Lagerbloom: Staff recommended the following changes to the Meeting Agenda: 1. Defer 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 to September 8, 2010 first Presentation, Work Session will be on September 13th and then heard on Zoning Agenda on September 20, 2010. Planning Commission Review will take place on August 24, 2010. 2. Remove Agenda Item number 10-1216, Approval of a Resolution on Sales Tax for Regional Transportation. Motion and Vote: Councilmember Tart moved to approve Agenda Item No. 10-1206, Approval of Meeting Agenda as recommended by staff. Councilmember Hewitt seconded the motion. The motion passed unanimously 7-0. Regular Meeting of the Milton City Council Monday, August 16, 2010 at 6:00pm Page 2 of 25 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 Pro Tem 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. • You will have five minutes for remarks. Patti Silva, 1685 Highgrove Club, Milton GA: • I got the pleasure of meeting Officer Juan the other night. • We had a four alarm fire in my neighborhood last week. • I am here to apologize for calling you, Joe, in the middle of the night about the fire. • I value these officers and firefighters that work for us here in Milton. • I am concerned about the media coverage in Milton. • I am asking for help to take the crime blotters that pertain to DUI and drug arrests. • I know young teens and adults make mistakes. • I find it horrifying that these crimes are printed for the world to see before some of these people get their say in the court of law. • Even if one citizen is harmed by this, it would be devastating to me. • Over a year or two ago I spoke about the 18ft x 4ft banner that was held by protestors in order to shame one of our citizens. • My fear is that our children will see these acts of accusations. • What if a young adult saw their name printed in the news about their mistake? • What might happen if this person was extremely fragile emotionally? • What if the embarrassment of their poor judgment being printed for all of their peers and family to read about puts them over the edge and they take their life because of this humiliation? • I think this is perfectly legal, but I do not think this is right. • My point tonight is that I believe that this will potentially cause more harm than good. • I hope I can make a difference with this. CONSENT AGENDA Interim City Clerk Gordon read the Consent Agenda items: 1. Approval of the August 2, 2010 Regular Council Meeting Minutes. (Agenda Item No. 10-1207) Regular Meeting of the Milton City Council Monday, August 16, 2010 at 6:00pm Page 3 of 25 .•.•.K .„. (Sudie Gordon, Interim City Clerk) 2. Approval of the August 9, 2010 Special Called Meeting Minutes. (Agenda Item No. 10-1208) (Sudie Gordon, Interim City Clerk) 3. Approval of Financial Statements for Period Ending July, 2010. (Agenda Item No. 1.0-1210) (Stacey Inglis, Finance Director) Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda. Councilmember Thurman seconded the motion. The motion passed unanimously 7-0. REPORTS AND PRESENTATIONS(none) FIRST PRESENTATION AND FIRST 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. (Agenda Item No. 10-1211) ..� (Stacey Inglis, Finance Director) Stacey Inglis: • The budget that is before you is a little revised from what was in the Agenda packet. • The numbers haven't changed much because there isn't much more revenue sources. • The allocation is going to change as we go through the budget before it is approved. • The total amount of the general fund budget is $17,396,743 and that is a balanced budget. • We will have another work session on August 23`d and the approval of the budget will be September Stn • You will have plenty of opportunity to make suggestions on how we allocate those funds. • The budget itself is based on three financial factors. • Sustainability of existing services, enhancement of services through initiatives, and maintain the quality of life for constituent citizens and businesses through capital programming. • Within the general fund operating budget, there are several initiatives that have been presented last week. • A few of those initiatives include in the finance department, an initiative of hiring a financial consultant. • In human resources department there is an initiative hiring of purchasing and maintaining an HR information system. • We need this program so that we can maintain records and payroll. • In the police department there is hiring of one police officer to increase the level of service and meet the needs of the city. r • Bring the two captains up to the same pay scale as the Fire Battalion Chief. Regular Meeting of the Milton City Council Monday, August 16, 2010 at 6:OOpm Page 4 of 25 • Purchasing the software/hardware to allow the detectives to access crucial data from cell phones and instituting a health and wellness program. • In the Fire Department there will also be a health and wellness program. • There is an incentive pay for the fire department that have a paramedic certification. • Purchasing a hydrant marking system. • Upgrading the Battalion Command Vehicle to be more functional. • Purchasing supplies to form annual hydrant maintenance that was previously provided by Fulton County. • Purchasing Class A uniforms for command staff. • Purchasing, charges and spare batteries for the radios so they won't go out on a long call. • In parks and recreation we have hiring a recreation program coordinator. • Hiring part time directors, lead counselors, and counselors for summer camps. • Purchasing supplies for two new camps. • Funding capital assets and the total amount of the capital program is $4,036,521 and we are continuing on several capital programs such as payment management, gravel road maintenance, storm water maintenance. • There are a few new requests. • Purchasing four advanced life support drug boxes. • Starting intersection improvements at two intersections, Bethany and Cogburn intersection, and Hopewell Francis Cogburn intersection. • Purchasing a cascade trailer. • Starting City Hall design. • Updating the Crabapple master plan. • Doing computer refreshes. • Purchasing a new vehicle for the new police officer. • Continuing to fund vehicle reserves. • Relocating the public works yard. • TDR visibility study. • Highway 9 master plan. • LCI study. • Georgia Urban Forestry grant program. • Various park improvements. • Other funds are certain special revenue funds such as special events fund. • This events fund is for events we hold in the city. • The total amount for this budget is $49,500. • We have an emergency 911 fund account for the collection and expenditures of the wireless 911 fees. • These fees are solely for the operations of a 911 center. • The City contracts with Alpharetta for this service. • Total amount of revenue expenditures $ 700,000 dollars. • The operating grant fund is to account for budgeted items that received funding from individual grants that aren't classified as capital. Regular Meeting of the Milton City Council Monday, August 16, 2010 at 6:00pm Page 5 of 25 • Currently there is one grant funded item, the Department of Homeland Security staffing for adequate fire and emergency response. • The operating grant fund is $131,503. • The hotel motel tax fund is used to account for the taxes from our one hotel in Milton. • The confiscated assets fund includes assets that are seized by the drug task force. • They can only be used for specific purposes outlined by state law. • Currently we are expecting an expenditure of previously seized funds in the amount of $27,209. Motion and Vote: Councilmember Zahner Bailey moved to approve First Presentation of Agenda Item No. 10-1211, 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. Councilmember Lusk seconded the motion. The motion passed unanimously 7-0. PUBLIC HEARINGS 1. Approval for the Removal of Billy Lovelace Hauling from the List of Approved IMF"* Solid Waste Haulers for the City of Milton due to Non -Compliance with the Ordinance. (Agenda Item No. 10-1140) (Public Hearing Deferred on May 17, 2010) (Public Hearing Deferred on June 21, 2010) (Matt Marietta, Fire Marshal) City Manager, Chris Lagerbloom: • We have had this in front of you before and it has been deferred. • We have worked as hard as we could to bring this hauler into compliance with our ordinance. • I will start with the bright spot is that we have had a plan presented to the City. • , They will admit that this is very late in the game plan. • We are still not in compliance with the ordinance. • There may be a game plan to get us into compliance, but it is truly not there. • Staff has spent a lot of time trying to bring this hauler into compliance. • There have been many complaints about this hauler. • The complaints came about the responsiveness of this particular hauler. • At some point we have to take some action because it is hard to enforce other haulers compliance if we are allowing one not to be. • The reasons why which staff is recommending the non exclusive solid waste management ..ift contract of Billy Lovelace hauling is therefore requested on the following grounds: 1.) On regular complaints far exceeding any other hauler in the fact that no MW change of consistency of pick up appears to have occurred since the last council meeting. Regular Meeting of the Milton City Council Monday, August 16, 2010 at 6:00pm Page 6 of 25 2.) Promises of late pick up after missing the first day of trash that often don't occur as promised. 3.) Communication up until Friday still remains poor. 4.) Communication has been almost non-existent from the cities perspective from June 21- August 3 there was only one email from the company to the city regarding repayment. 5.) Many of the complaints have stated that their neighbors trash is also sitting around waiting for this hauler to pick it up and won't even question the health hazard of this. 6.) The company has yet been able to identify all of their gross receipts for the past two years on which the fee is based, therefore no progress is made on an establishing repayment plan. • At this point this is the basis by which we feel this hauler is not in compliance with the ordinance and we look for your direction for whether or not you want to allow this hauler to continue servicing the City of Milton. • It would probably be best to hear from anyone speaking in favor or opposition. Kylee Wright, 8107 River Ridge Dr., Canton, GA: • I want to start by saying that I have been with Billy Lovelace Garbage and Hauling since February. • As far as the past due amounts, I had a hard time coming up with the records. • The computer that had all of the information on it is no longer is in existence. • I have met with Matt Marietta after the June 21 meeting and I have spoken to him through email as well as phone a couple of different times. • 1 know we have had problems and I do not deny that we have had problems. • Since then, we have done quite a few things to get into ordinance and we have converted our form of primary communication with our customers from phone to e-mail. • This will be the method used to relate any necessary information. • We will eventually convert our billing process over to this way as well. • We will be rearranging our current weekly routes in order to even out the number of pickups daily. • We will continue working on the second service truck to bring it into compliance with the City of Milton's current ordinance by having it properly labeled and covered accordingly. • Work out an appropriate payment plan to resolve the outstanding maintenance fees that are due. • We will keep all lines of communication open with the City and report all progress made. • We will provide the City with all contact information for our company and meet all guidelines of the City ordinance so that we can continue our service with the City of Milton and our residents. • We have acquired a new employee who we recently hired and he will soon possess the knowledge needed to run current routes independently in the event that Billy Lovelace is unable to run the routes himself. 0 We will no longer be faced with the issues of customers being delayed service. Regular Meeting of the Milton City Council Monday, August 16, 2010 at 6:00pm Page 7 of 25 • We hope that the City Council will find that our efforts and our reconstruction plan given will be sufficient to continue our service in the outstanding City of Milton. • This particular letter I sent to Matt Marietta back in July and I asked him to forward it to the City Council members and I am assuming that that was never done. • 1 did send out an email today as well. • As far as the fees that are due, it was hard for me to come up with the exact numbers because of the computer. • I had to go through all of the payments and all of the dates to figure out what was paid to figure out who was in the City of Milton, their taxes, and add them all up. • We did have problems with the work trucks and the things of that nature being in response to phone calls and all of the other duties that are necessary. • I have come up with the total that is due starting with the third quarter of 2008 to this first quarter of 2010. • The total amount due is $4,909.31. • I spoke with Matt Marietta who relayed to me that we were allowed a 12 month payment plan so that basically puts our payments at $409.11 per month which I do have a check for as well. • Not only am I an employee of Mr. Lovelace, I am also an investor. • 1 have been with him since February with the company and I know he has put eight years into the City of Milton. • Seven of those years, he went without one complaint. • This past year has been bad due to the truck issue, but we do have a second service truck and another worker. • I am very confident that these issues will be resolved very promptly if we are allowed the opportunity. Brett Coale, 2390 Hopewell Plantation drive: • I am here because I have had Mr. Lovelace since I moved to Milton six years ago and he has been my trash person. • This past year, I have had major problems like everyone else has had with Billy. • I work for a family owned business and personally I believe in family owned businesses and entrepreneurship. • I know working for a family business, we have major issues in our company. • I believe in trying to support the family owned business that is trying to make a difference and support his family. • In terms of pick up issues, I've had them too. • I have never had an issue for six years until this last year. • I have called Kylee and I have been very patient. • I feel good that there is a payment plan in place. amm • 1 think everyone should be paying their taxes. • As a customer, we all have issues regardless of what it is. *AO 0 Everyone has a choice. Regular Meeting of the Milton City Council Monday, August 16, 2010 at 6:00pm Page 8 of 25 • I don't think that the City should choose to get rid of a particular vendor just because *M0 people are unhappy with them. • I have been patient and I have been picked up every week. • My concern to the Council is who is out there picking up trash that is not even on your list? • How is the Council handling that situation? • I think the City needs to come up with a structure for the haulers that are out there that aren't paying the taxes. • As long as I am paying and have a choice, I'd rather stay with Mr. Lovelace. Ken Jarrard, City Attorney: • I would like to ask Ms. Wright to come back up. • I just want to confirm before we close the public hearing. • Are you the newly authorized representative of Billy Lovelace Hauling to be here this evening? Kylee Wright: • Yes Sir. Ken Jarrard: • Were you given advanced notice of this hearing this evening? Kylee Wright: • Yes, I was. Ken Jarrard: • Were you or Billy Lovelace provided a list of the bullet points that Mr. Lagerbloom went over as far as the concerns? Kylee Wright: • Not directly. Not by mail or email. I was informed just to pull up the City of Milton and go over the ordinance and was highlighted in my meeting back in June with Matt the areas that needed to be worked on. Ken Jarrard: • Does anything that Mr. Lagerbloom say strike you as unusual or unanticipated? Kylee Wright: • Yes it did. I spoke with Chris on Friday and I think that maybe we were on a different page. • He had stated that all form of communication was lost. • I have been speaking with Matt Marietta and I met with him back in June and I've spoken with him on the phone and we have corresponded by emails. Regular Meeting of the Milton City Council Monday, August 16, 2010 at 6:OOpm Page 9 of 25 • Granted, it has not been a lot of communication. • I am more than willing on a monthly basis meet with Matt so that he is up to speed so no one feels left out, to report progress, and make advancements for the company. Ken Jarrard: • Other than your statement with respect to the amount of contact that you have had with the City of Milton, the other underlining concerns you have heard before? Kylee Wright: • Yes. Ken Jarrard: • Have you had the opportunity to express to the council tonight everything that you have not had a chance to say yet? Kylee Wright: • Other than as far as the complaints, I am getting them before you are getting them. • Up until about five weeks ago, we were doing a lot better on time. • I know there have been problems, but we are currently on schedule. WNW • Billy is not here tonight because he is out working to stay on schedule. • He did want to be here but he thought it was a much better idea to be out working and making sure that everyone is being taken care of so we do not fall behind. Ken Jarrard: • Thank you Ms. Wright. 2. Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Fix the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2010; and for Other Purposes. (Agenda Item No. 10-1204) (First Presentation on August 9, 2010) (Stacey Inglis, Finance Director) Finance Director, Stacey Inglis: • Good evening, the total tax digest that we currently have is a little over $2.1 billion and that is before you take into account what we are going to apply the millage rate to. • If you apply the millage rate at 4.731 mills, which is what we are presenting to you tonight to be approved, the total taxes that will be levied is a little over $9.5 million. • That includes personal property, real property, and motor vehicle taxes. • In property taxes alone, we are looking at $9.1 million dollars. • Motor vehicle taxes are at $478K. • There is a total decrease of 3.67% over last year's tax digest. r" Regular Meeting of the Milton City Council Monday, August 16, 2010 at 6:00pm Page 10 of 25 • We are operating under a temporary collection order again this year for the third year in a fto row. • They still have not gotten the 2008 digest approved. • I am not entirely sure if there was any major problems with the 2010 digest. • Because we have not gotten the 2008 digest certified by the state, they had to go through a temporary collection order for 2010. • This is still a proposed tax digest. • It is not in concrete and it is not certified by the state. • The tax bills are projected to be mailed between September 1St and September 15th depending on how fast we can get them into our new financial software. • We are trying to get taxes out by September 1St • The due date will be 60 days after. • We are presenting a $4.731 mills, this is the same that we have had the past three years. • I do not have any further public information or public hearing. • We are not even required to hold a public hearing, but we did want to give the citizens a chance to comment or respond to the millage rate if they wish to do so. ZONING AGENDA (Zoning items typed verbatim.) Interim City Clerk Gordon read the zoning rules and agenda items. RZ10-02 — To delete or amend the following sections of the City of Milton Zoning Ordinance to be consistent with the City of Milton Telecommunications Ordinance; 1) Sec. 64-74 - Nonconforming lots, uses and structures; 2) Sec. 64-1097 - Miscellaneous provisions of the State Route 9 Overlay District; 3) Sec. 64-1592 - Alternative antenna support structure to exceed the district height; 4) Sec 64-1594 — Antenna, tower and associated structures (radio, T.V., microwave broadcasting, etc.) to exceed the district height (O -I, C-1, M -1A, M-1, M-2); 5) Sec 64-1801 — Antenna tower and associated structure (radio, T.V., microwave broadcasting, etc.) to exceed the district height (Residential districts, MIX and AG -1). (Agenda Item No. 10-1197) (First Presentation on August 2, 2010) (Lynn Tully, Community Development Director) ORDINANCE NO. 10-08-72 Community Development Director, Lynn Tully: As you all may remember, what the staff has attempted to do here is simply clean up our zoning text so that it matches our newly adopted telecommunications ordinance where there are conflicts, it removes the conflicts such that the telecommunications ordinance takes precedence. In going through each of these sections, I will start with the first one, section 64-74 non- conforming lots. Basically this portion of the section should be deleted because it is addressed in Regular Meeting of the Milton City Council Monday, August 16, 2010 at 6:00pm Page 11 of 25 the telecommunications ordinance. Number two, section 64-1097 miscellaneous provisions of the State Route 9 Overlay District, again the majority of this should be deleted; however, there is a section regarding requirement for stealth design in the Highway 9 overlay district and we felt that since that was an overlay district that an aesthetic requirement that it should remain within that overlay district. Staff further notes that the planning commission did recommend changing the reference from cell towers to wireless telecommunication towers to be consistent with the Telecommunications Ordinance. Number three, section 64-1592, alternative antenna support structure to exceed the district height. Again, this section should be deleted because all towers and support structures are addressed within the Telecommunications Ordinance. Number four, section 64-1594, similarly, this entire section should be deleted as it is addressed in the telecommunications ordinance. Number five, section 64-1801, antenna tower and associated structures to exceed the district's height. Again, this section should be deleted because it is addressed within the Telecommunications Ordinance that we recently passed. Do you all have any questions? Mayor Lockwood: Anybody have any questions? Okay. Do we have any public comments on this? Interim City Clerk Gordon: No Sir. Mayor Lockwood: Okay, we will close the hearing if we don't have any questions and open up to council discussion. If there is no council discussion, do I have a motion? Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 10-1197, as written in the Agenda. Councilmember Tart seconded the motion. The motion passed unanimously 7- 0. 2. RZ10-03 — To amend Sec. 64-1606(a) of the City of Milton Zoning Ordinance, Roadside produce stands to include MIX (Mixed Use). (Agenda Item No. 10-1198) (First Presentation on August 2, 2010) (Lynn Tully, Community Development Director) ORDINANCE NO. 10-08-73 Community Development Director, Lynn Tully: Not to be redundant, but this is pretty much exactly how it reads in the agenda. We are simply adding MIX to the available zoning districts for farmers markets and specifically for roadside produce stands. That is the only change that we are proposing at this time. I know that the council has requested that we look into adding additional length of time and that would come back to you assuming there is consensus upon the council, that will come back to you at a separate work session. Regular Meeting of the Milton City Council Monday, August 16, 2010 at 6:00pm Page 12 of 25 Mayor Lockwood: Anybody have any questions? Okay. No public comment, I assume? Interim City Clerk Gordon: No Sir. Mayor Lockwood: Okay, we will close this hearing and open it up to council discussion. If there is no council discussion or question, I will ask for a motion and second? Motion and Vote: Councilmember Tart moved to approve Agenda Item No. 10-1198, as written in the Agenda. Councilmember Thurman seconded the motion. The motion passed unanimously 7- 0. Administratively Deferred by Motion and Vote to September 8, 2010 Meeting 3. 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. (Agenda Item No. 10-1212) (Administratively Deferred to First Presentation on September 8, 2010) (Lynn Tully, Community Development Director) UNFINISHED BUSINESS 1. Approval for the Removal of Billy Lovelace Hauling from the List of Approved Solid Waste Haulers for the City of Milton due to Non -Compliance with the Ordinance. (Agenda Item No. 10-1140) (Public Hearing Deferred on May 17, 2010) (Public Hearing Deferred on June 21, 2010) (Public Hearing Held on August 16, 2010) (Matt Marietta, Fire Marshal) Councilmember Tart: • Ms. Wright, you said Mr. Lovelace is picking up trash right now in the City of Milton? Kylee Wright: • At 5:30 p.m. he was finishing up and he was in the City of Milton. Councilmember Tart: • Ms. Wright referenced a $4,909.31 in the amount that they feel is due, I have some confusion on the last time they paid fees. Chris Lagerbloom: 0 The fees are based off of how much they collect which is why we have a problem. Regular Meeting of the Milton City Council Monday, August 16, 2010 at 6:OOpm Page 13 of 25 • They cannot tell us what kind of business they have done because of this computer that doesn't work. • This has partly been the hold up. Matt Marietta: • The last fees we collected were June, 2008. • This alleged computer that has been broken has been broken since 2008. Councilmember Tart: • There was a claim made by a citizen that there are other vendors that are operating illegally because they are not on the approved list, or they are not paying fees. • Can staff speak to that claim and what are we doing about it to treat everyone fairly? Chris Lagerbloom: • That is correct. • The enforcement of this ordinance comes in two ways. • One enforces compliance with those on the list. • The second enforces those that are not on the list by either bringing them into compliance or seizing their activity in Milton. • If there is information about a hauler that we need to track down, please let us know. Councilmember Tart: • It appears that this lack of compliance has been noted going back as far as four months or more and supposedly there was a note sent in July that was supposed to be forwarded to Council. • Was there a letter that was sent to you Mr. Marietta that detailed the corrective action plan that was sent to us recently? Matt Marietta: • The second time this was on the Agenda which was the last council meeting when you voted to defer it, Billy Lovelace was supposed to have a representative here that did not show up until after the hearing and it was already deferred. • At that time, I was provided with a letter with the understanding that the rest of the information including the details about the receipts from the last two years would be provided as part of the reconstruction packet. • The purpose was to bring that plan to you. • I have been in a holding pattern until I received any other information which wasn't until last Friday around noon. • By that point, this agenda was already published. • My recommendation to her was to go ahead and bring all of her information and her planw.. to present it to you guys. 9 It had already surpassed our timeline to be published into the packet. Regular Meeting of the Milton City Council Monday, August 16, 2010 at 6:00pm Page 14 of 25 Councilmember Tart: • I believe this solid waste ordinance provides fairness for all waste haulers in Milton. • It is unfair that others are being held accountable and paying the fees that they should pay since they are operating on our streets and the heavy streets does put the burden on our streets that taxpayers are having to foot the bill for to pay for those repairs. • The time to come forward with a correction plan would have been when it was first on our agenda back in May. • As far as this councilmember, I agree with Staff's recommendation. Councilmember Longoria: • Chris, I can understand the issues with not collecting a self reporting fee. • Getting behind may happen, but 24 months goes beyond any reasonable expectation. • Why has it taken this long to get to this point? • The only problem I can see is that we have not been collecting fees from a company that operates on our streets. • Why have we waited 24 months to get to this point? Chris Lagerbloom: • That is a very fair question, and the best answer I have is that we really didn't have a mechanism to enforce this. Councilmember Longoria: • My point in asking this is that we can't penalize someone for our lack of taking action to collect. • Given two choices to pay or not pay, you're going to pay the person that is persistently asking. • I would have to agree with the citizen that supports Billy Lovelace that the market decides who is going to be in business. • We shouldn't decide who is in business. • We should decide who needs to pay us to operate. • I feel if they are ready to start making payments, then we should give them the chance. • If they don't keep up, then they had their chance and that's the end of the story. • We cannot keep them from operating for not doing a good job. • That is not what we are here for. • We are here to make sure they stay in compliance with the ordinance. Councilmember Lusk: • Matt, do we know the amount of fees collected from the other haulers in the city and could we determine with some degree or reasonableness if this $4,900 dollars is close to what we should have collected based on the number of clients? Matt Marietta: • The problem is that some point when they stopped paying fees, their customer base had decreased drastically. Regular Meeting of the Milton City Council Monday, August 16, 2010 at 6:OOpm Page 15 of 25 r.�. • In June of 2008 the quarter fees were over $1 K. • Clearly, we are talking about a decline financially. • There is no way based on the customer fees to make judgment. Councilmember Lusk: • If we deny Mr. Lovelace the opportunity to make a living here, how is he going to pay off the debt? • The question for Ken would be what kind of leverage do we have if Lovelace is dropped, do we have to go after back fees? Ken Jarrard: • We would have to bring an action for debts owed to the City under the ordinance. • That may not be a satisfactory resolution because of the amount that it would cost to take that action. Councilmember Zahner Bailey: • This seems like from the beginning we didn't really track the ordinance and we didn't track all of our haulers. • This seems to have complicated our situation. 400M • I am pleased that we are now tracking that and thank you for those efforts. • I hope that Mr. Lovelace understands how powerful communication is now with the City Mu" to keep people informed. • I know we have some specific requirements for the trucks and Ms. Wright you stated that you now have a new truck, could you speak to what has been done to remedy that situation? • Do you know when the second service truck will be up to standards and used? Kylee Wright: • The current service truck had not been covered but it has been fixed. • The second truck was purchased from another sanitation company that is not familiar with the City and it has not been in service because it is not up and meeting the requirements. • It is not properly labeled or covered. • I'm confident that within two weeks we will have it brought into compliance. Councilmember Zahner Bailey: • Of the things that are out of compliance, which are a business management issue versus public health and safety? • I believe we have a solid waste ordinance for a reason and I feel that we have been fair. mom • Based on the plan we have just seen, realistically how long do you think it will be before you and Mr. Lovelace will have that in place? Regular Meeting of the Milton City Council Monday, August 16, 2010 at 6:OOpm Page 16 of 25 Kylee Wright: • As far as being on schedule, we are on schedule as of last week. • I am confident that we do have satisfied customers. The truck has to be labeled; I don't see why two weeks wouldn't be enough time for the truck. Councilmember Zahner Bailey: • It is important with our small businesses to communicate with the City. • If a hauler is removed from our list, is there a process for them to be returned to that list at a particular time? Chris Lagerbloom: • It would have to be demonstrated with success somewhere else. Councilmember Thurman: • Do you typically bill quarterly or monthly? Kylee Wright: • We bill on a quarterly basis. Mayor Lockwood: • I want to thank the staff for doing a great job enforcing our ordinances and checking and making sure everyone is in compliance. • I respect a small business and I understand the issues, I want to commend you, Kylee, for coming into this in February and turning so much around and helping move this forward. Motion and Second: Councilmember Thurman moved to Defer the Removal of Billy Lovelace Hauling from the List of Approved Solid Waste Haulers for the City of Milton due to Non - Compliance with the Ordinance for a period of six months until February 21, 2011 during which time they will be remitting their past due twelve month's payments, remain current in their payments and be in compliance with the Ordinance. Councilmember Tart seconded the motion. Second Withdrawn: Councilmember Tart withdrew his second to above motion. Restatement of Motion: Councilmember Thurman moved to Defer the Removal of Billy Lovelace hauling from the List of Approved Solid Waste Haulers for the City of Milton due to Non -Compliance with the Ordinance for a period of six months until February 21, 2011 during which time they will be remitting their past due twelve month's payments, remain current in their payments and be in compliance with the Ordinance. At any time there is a period for two months of noncompliance to the Ordinance, then this agenda item shall be brought forward to the next regularly scheduled council meeting which occurs after the date of non-compliance. Second and Vote: Councilmember Tart seconded the restated motion. The motion passed unanimously 7-0. Regular Meeting of the Milton City Council Monday, August 16, 2010 at 6:00pm Page 17 of 25 ■.AN 2. Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Fix the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2010; and for Other Purposes. (Agenda Item No. 10-1204) (First Presentation on August 9, 2010) (Public Hearing Held on August 16, 2010) (Stacey Inglis, Finance Director) ORDINANCE NO. 10-08-71 Stacey Inglis: • The staff recommends a millage rate of 4.731 mills to be approved to use the tax digest that was given to us by the county. • Total taxes to be levied are $9.1 M for property taxes and 478K for motor vehicle taxes. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 10-1204, Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to Fix the Ad Valorem Tax Rate of the City of Milton for Fiscal Year 2010; and for Other Purposes. Councilmember Lusk seconded the motion. The motion passed unanimously 7-0. 3. Approval of a Resolution Adopting the City of Milton Parks and Recreation Needs Assessment Results and Supplement for Use by the City of Milton Parks and Recreation Department. .. (Agenda Item No. 10-1213) (Reports and Presentations on June 7, 2010) (Staff Reports on August 2, 2010) (Cyndee Bonacci, Parks and Recreation Director) RESOLUTION NO. 10-08-153 Cyndee Bonacci: • This is basically a housekeeping item. • We have completed the needs assessment survey. • We have had a presentation of the results of that survey. • We have taken the time to collect all of the write-in responses and we have added that data as a supplement to the original presentation. • This resolution allows us to accept the results and move forward using it as a planning document for future initiatives. Councilmember Zahner Bailey: • By accepting this data, it doesn't preclude you from utilizing other surveys and other information from the past, it is just adding this information to what you have? Cyndee Bonacci: ON" • Correct. • This is just another tool as we move forward with additional planning. I Regular Meeting of the Milton City Council Monday, August 16, 2010 at 6:00pm Page 18 of 25 Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 10-1213, Approval of a Resolution Adopting the City of Milton Parks and Recreation needs Assessment Results and Supplement for use by the City of Milton Parks and Recreation Department. Councilmember Lusk seconded the motion. The motion passed unanimously 7-0. NEW BUSINESS 1. Approval of A Resolution Allowing the City of Milton to Discuss Various Parks and Recreation Partnerships with the City of Alpharetta. (Agenda Item No. 10-1214) (Cyndee Bonacci, Parks and Recreation Director) RESOLUTION NO. 10-08-154 Cyndee Bonacci: • This resolution is before you since receiving the completed needs assessment results. • We have been exploring opportunities to provide services to our citizen programs and facilities. • We are exploring all options and resources that may be available to us in our community. • One potential opportunity is with the city of Alpharetta. • There has been a suggestion that at least two programs offered at North Park could be Alpharetta and Milton Programs as a joint effort and both cities working together. • They requested that we did officially pass a resolution allowing both parties to come together to discuss these opportunities for partnership. Councilmember Lusk: • Will they pass a companion resolution? Cyndee Bonacci: We have not requested one, but if the council wishes I will be happy to do that. Motion and Vote: Councilmember Zahner Bailey moved to approve Agenda Item No. 10-1214, Approval of a Resolution Allowing the City of Milton to Discuss Various Parks and Recreation Partnerships with the City of Alpharetta. Councilmember Thurman seconded the motion. The motion passed unanimously 7-0. 2. Approval of a Waiver of Conflict on Behalf of Jarrard & Davis, LLP in Connection with an IGA between the City of Milton and Forsyth County Regarding Milton and Forsyth's Joint Funding of the Performance of Certain Work on McGinnis Ferry Road from its Bridge at Georgia Highway 400 to Bethany Bend. (Agenda Item No. 10-1215) (Ken Jarrard, City Attorney) Regular Meeting of the Milton City Council Monday, August 16, 2010 at 6:00pm Page 19 of 25 • Ken Jarrard: • Our firm has been asked on behalf of the City of Milton to work with the public works department to develop an IGA with respect to a joint public works project for the road construction project on McGinnis Ferry Road Bridge at Highway 400 and Bethany Bend. • This will involve both Milton and Forsyth County doing mutual bids for this project as well as entering into a fee sharing agreement with the successful bidder. • We have to prepare an IGA that will allow this activity between Milton and Forsyth County. • For me to represent both sides of this equation, I need a conflict waiver and Forsyth has already considered this resolution and has approved it. • I would suggest that we approve this to get this IGA done. Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 10-1215, Approval of a Waiver of Conflict on Behalf of Jarrard & Davis, LLP in Connection with an IGA between the City of Milton and Forsyth County Regarding Milton and Forsyth's Joint Funding of the Performance of Certain Work on McGinnis Ferry Road from its Bridge at Georgia Highway 400 to Bethany Bend. Councilmember Hewitt seconded the motion. The motion passed unanimously 7-0. opm Administratively removed by Motion and Vote 3. Approval of a Resolution on Sales Tax for Regional Transportation. ftm (Agenda Item No. 10-1216) (Mayor Joe Lockwood) COUNCIL REPORTS Mayor Lockwood: • Next week we are taking pictures and we will go casual for the photo. • I know we have discussed this before about the noise and Tim Enloe, I am working to get a meeting set up with the school's principal. • I kept getting praise about Chief Edgar and our fire guys. EXECUTIVE SESSION Motion and Vote: Councilmember Tart moved to adjourn into Executive Session to discuss Pending Litigation at 7:47 p.m. Councilmember Thurman seconded the motion. The motion passed unanimously 7-0. axel/mii/_A►►L0 Motion and Vote: Councilmember Hewitt moved to reconvene the Regular Meeting at em" 8:48 p.m. Councilmember Longoria seconded the motion. The motion passed unanimously 7-0. L Regular Meeting of the Milton City Council Monday, August 16, 2010 at 6:00pm Page 20 of 25 STAFF REPORTS 1. Discussion of Council Priorities Dealing with Rural Preservation and Planning Commission's Priority Project Recommendations. (Deferred from Work Session Held on August 9, 2010) (Lynn Tully, Community Development Director) Chris Lagerbloom: a We spoke after the GMA conference about creating an E zoning designation. a What are some options that exist? a This presentation is not intended to be the last discussion on this topic. a This is just to get some concepts out there. a I want Lynn to walk through where we are. Lynn Tully: a The question was asked if this was considered by CPAC and some of the other citizen input groups. a On a very general premise, CPAC has considered a lot of these. a The planning commission has included several of these as their projects as completion. a Rural preservation is not requiring agriculture. a We have used this as a holding zoning for future development. a This is an analysis of parcels by size. a The map was compiled in 2000. a The dark blues are the large parcels. a You can see on this map that the south and southwest areas are largely dark blue. a We are looking at parcels that have been broken up. a This comparative view shows the Birmingham view. a The areas highlighted in yellow are the broken up parcels. a I don't think the agricultural zoning that we have used it in the past is serving us the way we had intended for it to. a What is rural preservation? a I see it in three ways in Milton. a One, is the feel of a sparsely populated area and the look and feel of the City. a Two, it is the preservation of economic viability for farming both existing and future farming. a Three, I see it as a preservation of existing and new green spaces. a The green spaces can be agricultural, but they do not have to be. a The first is preservation of a rural typology. a It includes eight strategies. a One, conservation design and low impact design and includes other elements of new development that would include additional green space and preserve the green space. Regular Meeting of the Milton City Council Monday, August 16, 2010 at 6:00pm Page 21 of 25 • Two, an updated buffer standard. This is a buffer that would not only protect residences from agriculture uses, but vice versa. We do not always think of the agricultural uses needing a buffer but they do. • Three, small well defined commercial crossroads. • We have some master planning in place. • Four, rural view shed protection meaning increased buffers increased along certain roadways. • Five, rural design standards in a rural protection area. • Six, actively encourage our farmers markets. • Seven, to allow and encourage a community garden. • Eight, the protection of hillsides and steep slopes. Councilmember Lusk: • The community garden development, there has been a lot of controversy with vandalism and people stealing produce. • Which ones are you familiar with? Lynn Tully: • There is one in Suwanee that is the largest one in the state of Georgia. Councilmember Zahner Bailey: • This document discussion tonight is not to now say that we are going to backtrack and resubmit the crossroads. Lynn Tully: • The intent is not to add any new ones. • I don't expect to see any new ones from CPAC. • CPAC right now is looking at their implementation items. • We are looking at what is first priority. • They have not been prioritized as of yet. • This will be a nine month project and that is being generous. Councilmember Zahner Bailey: • Is it fair to say that conservation design doesn't necessarily mean a conservation subdivision as it has been defined historically? Lynn Tully: • That is correct. Councilmember Lusk: nr.. • Are we precluding the original definition of conservation subdivisions? Regular Meeting of the Milton City Council Monday, August 16, 2010 at 6:OOpm Page 22 of 25 Lynn Tully: • We are not precluding, just giving it more definition. Councilmember Zahner Bailey: • I hope that we are doing more than just tweaking the definitions that our citizens have said they do not want. • We are not defining what conservation means yet. We are saying that conservation an mean a lot of different things. • We are not precluding but that definition needs to go to CPAC and staff and Planning Commission. Councilmember Thurman: • This is really just a big picture. • We are not really making any policies or ordinances. • This is just ideas out there that we are going to explore. Lynn Tully: • We are trying to get things prioritized. • The planning commission has already prioritized their list. • CPAC is currently going through and prioritizing their list. • Preservation of the viability of existing and new farms. • There are six strategies that we can take. • One, is implementation of the TDR program as a vehicle to protect and maintain value. • Two, right to farm policies which would then protect an agricultural use from new development similar to buffers protecting to new development. • Three, that we separate AG uses and zoning. • I think once we can clarify some of the fuzzy areas of our AG zoning, we would be better off. • The allowance of small scale valued farm products. • We do not allow jams, jellies, and wines from produce stands but I wouldn't be surprised if we saw more of the homegrown items. • To allow agrotourism by right. • Those can be anything from petting farms, corn mazes, horse camps, and bed and breakfasts. • We do not specifically address some of these things and some we may not want, but we need to look at them in their totality and cut out things we may not want and the things that we feel are or aren't allowable. Councilmember Zahner Bailey: • As it relates to both number four and five, how do we coexist with something that may start as something small and then change to something we did not intend and no longer maintains the character that we started with? Regular Meeting of the Milton City Council Monday, August 16, 2010 at 6:00pm Page 23 of 25 Lynn Tully: • These things will be presented and you will tell me what you would not want. Councilmember Zahner Bailey: • How do we make the distinction between the visions of our citizens and suddenly is now a mass production tourism spot? • We can't call it one thing and not realize the distinction between two volumes. Lynn Tully: • The last thing is to support CSA and farmers markets. Councilmember Longoria: • I didn't realize that bed and breakfasts are AG zoned. • They are not commercially zoned? • But the more I thought about it the more it made sense. Councilmember Zahner Bailey: • We have to have a special use permit. 4000' Lynn Tully: • Two, preservation of green spaces. Wk.0 • It does include implementation for conservation easements. • Conservation easements are used in a lot of places. • Sometimes the cities actually purchase the easements. • I do not expect that we will do that under this budget, but there are other options including land trusts and nature conservancies that will take care of that but we will have to be willing to partner with that. • Three, preparation of a green infrastructure study that determines our green assets and green opportunities. • We have a lot of parcels that have been spared development. • Four, I think it is a primary opportunity to look for greenways with Cherokee County. • Five, to partner with parks and recreation for green space connectivity study. • That may be by trails or parkland. • If we can get a green space plan together, we would have a lot more opportunity. Councilmember Zahner Bailey: • On number four, with partnering in our greenways with Forsyth and Roswell, there are possibly some additional opportunities. • There is an existing mechanism for conservation use evaluation and we have talked in the X11 past about educating those who have larger parcels and I think that when we can lever some things that exist, we could and should educate those about tools that are available. Regular Meeting of the Milton City Council Monday, August 16, 2010 at 6:00pm Page 24 of 25 Lynn Tully: • With preservation of rural character, it involves a broad field of expertise and cooperation in preparing a holistic plan we can both encourage and actively support our farmlands while promoting a new agriculture in modern adaptations of our farming and equestrian uses. • Implementing permanent protections on green spaces can ensure these opportunities are extended for years to come. • I would ask that you go through this list that the planning commission has provided and the strategies that I have provided. • We are attempting again to check for consistency with your priorities. • Give us some encouragement for what you think is a priority. Councilmember Zahner Bailey: • As it relates to budget, obviously aligning this with council and planning commission and CPAC, that additional element of budget is something we need to discuss. • How do we handle it? • I would like to encourage you, Lynn, that if there are some things that have not been allocated or prioritized to have them by our next work session. Chris Lagerbloom: • We are doing the best we can and trying to get it all into the budget. • If we get six in and not all, we will deal. • We did not try and allocate every dollar. • We also did not try to hide any funds. • I think we have seen since the beginning that is not uncommon for priorities to change. • If we get better or newer information we need to go a different way. • If you have any questions about the budget, please try and submit them before the meeting so we can prepare an answer. EXECUTIVE SESSION The purpose of the Executive Session is to discuss land acquisition, pending litigation and personnel. (Agenda Item No. 10-1217) Motion and Vote: Councilmember Longoria moved to adjourn into Executive Session to discuss land acquisition, pending litigation and personnel at 9:15 p.m. Councilmember Hewitt seconded the motion. The motion passed unanimously 7-0. RECONVENE Motion and Vote: Councilmember Longoria moved to reconvene the Regular Meeting at 10:43 p.m. Councilmember Zahner Bailey seconded the motion. The motion passed unanimously 7-0. L Regular Meeting of the Milton City Council Monday, August 16, 2010 at 6:OOpm Page 25 of 25 ADJOURNMENT (Agenda Item No. 10-1218) Motion and Vote: Councilmember Hewitt moved to adjourn the Regular Meeting at 10:45 p.m. Councilmember Zahner Bailey seconded the motion. The motion passed unanimously 7-0. Date Approved: September 8, 2010 Z�M6L�- Sudie AM Gordon, Interim Ci Clerk Joe Loc o ayor STATE OF GEORGIA ) AFFIDAVIT RE: CLOSURE OF COUNTY OF FULTON ) OPEN MEETINGS am" 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 August 16, 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] (X) 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)1; ( ) 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 11f�jN this 16th day of August, 2010. yr •E *0 !. MAYOR JOa QlaWOOD Notary Public My Commission Expires: