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HomeMy WebLinkAboutMinutes CC - 01/06/2010 - 01-06-10 Reg. Mins (Migrated from Optiview)Regular Meeting of the Milton City Council Wednesday, January 6, 2010 at 6:00 pm Page 1 of 15 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 summaryform. This is an official record of the Milton City Council Meeting proceedings. Oficial Meetings are audio recorded. The Regular Meeting of the Mayor and Council of the City of Milton was held on January 6, 2010 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION City of Milton Police Chaplain Remco Brommet. CALL TO ORDER Mayor Lockwood called the meeting; to order. ADMINISTER OATH OF OFFICE TO ELECTED OFFICIALS • Mayor Joe Lockwood was sworn in By Judge Brian Hansford. • Councilmember Karen Thurman was sworn in by Judge Brian Hansford. • Councilmember William Lusk was sworn in by Judge Barry Zimmerman. • Councilmember Joe Longoria was sworn in by Judge Barry Zimmerman. ELECTION OF THE MAYOR PRO TEMPORE Motion and vote: Mayor Joe Lockwood moved to nominate Burt Hewitt as Mayor Pro Tempore. Councilmember Lusk seconded the motion. The motion passed unanimously 7-0. ROLL CALL Interim City Clerk Gordon called the roll and made general announcements. rr Council Members Present: Councilmember Karen Thurman, Councilmember Julie Zahner Bailey, Councilmember Bill Lusk, Councilmember Burt Hewitt, Councilmember Joe Longoria, Councilmember Alan Tart. PLEDGE OF ALLEGIANCE Mayor Lockwood led the Pledge of Allegiance. APPROVAL OF MEETING AGENDA Staff recommended the following change to the meeting agenda: Add an Executive Session for potential land acquisition. Motion and Vote: Councilmember Lusk moved to approve Meeting Agenda, Item 10- 10 15 as read. Councilmember Bailey 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. • To provide input and opinions for any matter that is not scheduled for its own Public Hearing for today's meeting. own" • There is no discussion on items on the Consent Agenda or First Presentation or from Council. • Each citizen who chooses to participate in Public Comment must complete a comment card and submit it to the City Clerk. • This is not a time to engage the Mayor or Council in discussion. • When your name is called please come forward and speak into the microphone stating your name and address for the record. Regular Meeting of the Milton City Council Wednesday, January 6, 2010, 6:00 PM Page 2 of 15 • You will have five minutes for remarks. PUBLIC COMMENT Al Trevillyan, 1975 Birmingham Road, Milton, Georgia • Proposed formation of an Economic Development Commission during his recent campaign. • This Commission would be charged with attracting quality business to fill the many empty storefronts seen throughout the city. • Quoted Ronald Reagan "It's amazing how much work we can get done, when we don't worry about who gets the credit for it". • This commission should be charged with determining what type of retail businesses the citizens of Milton would like to see in our community. • The commission should be authorized to deal with prospective businesses and have the authority to pass on the incentives to attract those businesses to our city within the guidelines established by the council. • The mission is to find and attract viable long-term businesses for the good of the City of Milton. • The viability of a commission like this is critical in the selection of its members. • He recommended that each councilmember select a member, (not necessarily from their district), qualifications of the individual is much more important than geographical location. • Ideally, the members should have experience in retail operations or experience in location of corporate offices. • Asked council to take this idea into consideration. Mayor Michael Bodker, 11310 Donnington Drive, Johns Creek, Georgia 30097 • Gave greetings from the City of Johns Creek. • Gave congratulations to those re-elected. • Wished council all the greatest of success and looks forward to continuing the strong partnership in the New Year. CONSENT AGENDA Interim City Clerk Gordon read the Consent Agenda Items. Approval of the December 14, 2009 Special Called Meeting Minutes. 2. Approval of the December 21, 2009 Regular Meeting Minutes. Motion and Vote: Councilmember Hewitt moved to approve the Consent Agenda. Councilmember Thurman seconded the motion. The motion passed unanimously 7-0. REPORTS AND PRESENTATIONS Interim City Clerk Gordon read the Proclamation Items. Mayor Lockwood read and presented a Proclamation for the Stacey Ann Boe Memorial Fund. Mayor Lockwood read and presented a Proclamation recognizing the Milton Fire Department's TLAER Unit. 0 Regular Meeting of the Milton City Council Wednesday, January 6, 2010, 6:00 PM Page 3 of 15 FIRST PRESENTATION Interim City Clerk Gordon read Agenda Item 10-1018. RZ09-05 -12645 Birmingham Hwy (SR 372) McRae and Stoltz, Inc. is requesting a rezoning from C-1 (Community Business) to C-1 (Community Business) to change the use from an antique store to general commercial uses (salon) within the existing structure. Motion and vote: Councilmember Tart moved to approve the First Presentation of Agenda Item No. 10-1018, RZ09-05 - 12645 Birmingham Hwy (SR 372), McRae and Stoltz, Inc. requesting a rezoning from C-1 (Community Business) to C-1 (Community Business) to change the use from an antique store to general commercial uses (salon) within the existing structure. Councilmember Hewitt seconded the motion. The motion passed unanimously 7-0. PUBLIC HEARINGS (None) ZONING AGENDA (None) UNFINISHED BUSINESS Interim City Clerk Gordon read Agenda Item 09-1005. .n"• Approval of an Ordinance to Amend Chapter 4, Municipal Court, by adding a new section entitled A Pre -Trial Intervention and Diversion Program to be administered by the City of Milton Solicitor's Office for the purpose of ending the repeat offenses of theft by shoplifting, underage possession of alcohol, disorderly conduct, and other miscellaneous misdemeanor and traffic offenses through the education of eligible defendants; and for other purposes. Fran Shoenthal, Municipal Court Solicitor: • Stated the main purpose for the Pre -Trial Diversion Program is to allow first offenders to have a program, if they qualify, to go through to get their record expunged at the end of the process so they don't carry around a criminal conviction for a relatively minor offense throughout their lives. • The program proposed to be set up is that when someone is arrested or charged and comes to court and she or the court reviews their record and sees there is no prior criminal offenses. • Stated usually youthful, under -aged teenagers (19, 18, 17 years old) who go to the mall or go to Wal-Mart and take an item without paying for it (worth very little amount money -wise) or they will get arrested for having a small amount of marijuana or will be at a party and be arrested because they were an underage drinker. • We are going to establish this program with the intent for them to go through the program and complete certain terms and conditions, pay a fine, undergo alcohol and drug evaluations, if necessary, undergo therapy for cognitive skills or psychological counseling for defining the underlying root of why they took the item at the Wal-Mart and successfully complete community service within the City. • After a year, the Court Clerk will rerun their history and if they do not have a record of ih" additional trouble and have successfully completed as mandated by the court, we will allow them to file an expungement which will give them an opportunity to take that arrest off their criminal history. Regular Meeting of the Milton City Council Wednesday, January 6, 2010, 6:00 PM Page 4 of 15 • Stated she thinks it's a win/win for both the City and the offender. The City gets the benetrt of NW" hopefully keeping that person from committing further offenses in the city or otherwise down the road, educate that offender as to the proper way to conduct their lives and make a proper change and not repeat that behavior again. • A fine will be collected. • The city will receive the entire amount of the money collected for the program. • The program will be supervised by both the Court and the Probation Department, which is in line with our other case personnel so there is no need for additional personnel. Councilmember Alan Tart: • Asked if the program is being implemented in other jurisdictions? • Asked if there is data available which shows that this results in less offenses in the future or is better than giving the offender the punishment they are entitled to under the law? • Asked will this type of voluntary approach result in better compliance in the future? Fran Shoenthal, Municipal Court Solicitor: • Stated she does not have hard and fast data. Councilmember Alan Tart: • Stated the reason for this question is because this can send a positive message but can also send a "o—" negative message, especially when this involves our youth. • Stated he did not want it to sound like in Milton that you have a blank check to make first offenses as long as you go through some behavioral type of training after you commit these offenses. • Stated he does not want it to send that message. • What data do we have to suggest this actually is better? Fran Shoenthal, Municipal Court Solicitor: • Stated she does not have hard and fast data as requested, however, she stated she has been a prosecutor both in DeKalb County, the City of Alpharetta and Milton for over 20 years. • Stated in her experience, has found that those who are interested, eligible and motivated to go through a program wind up very successful. • There will be instances where someone in the program on probation under the diversion commits another subsequent offense. • If they commit a subsequent offense, the court has the ability to bring that person back before the court and take away the pre -trail diversion and enter the original offense as a conviction on that individual's records and punish the offender for the subsequent offense. • In her experience stated 10% of offenders don't successful get through the program and are back before the court for a probation revocation or an additional hearing to determine why they did not successfully complete either the community service or have committed another offense. • Stated the court is typically more lenient with an offender if it's a question of paying the total fine amount within the 12 months, then the court has options of converting some of the fines to additional am-" community service work. • Stated if they have gone through a drug evaluation but have not completed the follow-up drug ``'"r treatment completely, a time extension can be made if they are showing motivation to continue and there are adequate reasons for why they were not able to complete the program in the allowed timeframe. Regular Meeting of the Milton City Council Wednesday, January 6, 2010, 6:00 PM Page 5 of 15 Mayor Lockwood: • Stated the Court's point is that this is a first offenders program and they are still punished but this allows them to work through not having a permanent record. Fran Shoenthal, Municipal Court Solicitor: • Stated that other cities or jurisdictions do use this type of program. • Stated each city does the program a little differently and might call the program something else but every court has some type of diversion program for first offenders. • Stated we should not look out there and say "we are going to look weak", "we are going to look like we are not hard on crime here in Milton". She does not think this is the case at all. • We will adequately warn these offenders that we are giving you a chance but keep in mind if you violate the law again, you will be punished fully. Councilmember Bailey: • Asked if there is subjectivity by our judges in each case? Fran Shoenthal, Municipal Court Solicitor: • Stated the process is that she will be the first individual to make the evaluation and recommendation to the court. • Stated it is ultimately up to the court to review the record, look at all facts and circumstances and the Judge will ultimately sign off and add perhaps additional conditions that she may have not addressed or the Judge feels are appropriate. • Stated for example if she proposes 25 hours of community service for shoplifting and the Judge feels it appropriate to impose 50 hours or take out the community service all together, that is completely up to the court. Councilmember Bailey: • Stated that it sounds like there is flexibility with tier approaches so that it is a collective perspective. • Asked if the community service would actually take place in Milton? Fran Shoenthal, Municipal Court Solicitor: • Stated that there may be a few exceptions that need to be addressed such as a college student who goes to Milledgeville and are on break at Christmas in Milton and shoplift at Wal-Mart. We obviously want them to continue their education, so we will allow the offender to perform the community service to be performed where they are going in school. Councilmember Bailey: • Stated that working with staff and council, if there are specific community service avenues that collectively we could come up with which would add some additional natural consequences that are meaningful since the program is targeted to help create positive character with our youth. • Stated she would like to see some additional thought given to what the community service would ""'" involve. • Asked the question, does this program effectively allow input from others who may have been harmed to come to the court and provide a different perspective? Regular Meeting of the Milton City Council Wednesday, January 6, 2010, 6:00 PM Page 6 of 15 Fran Shoenthal, Municipal Court Solicitor: �""' • The victim is always given an ample opportunity to come to court either at the arraignment stage or the sentencing stage. • She has experienced that both of our judges have allowed any victim in a case to speak and say whatever they want to say within reason and express their opinions, beliefs or desires about the case. Mayor Lockwood: • Stated we are fortunate to have both of our Judges here tonight and asked if either of the judges wanted to make any comments to add to our Solicitor's presentation. Judge Zimmerman: • Stated this will work well since we have had some form of this type of treatment of cases anyway. • This Pre -Trial Diversion Program formalizes and helps everyone understand. • Stated he agreed with everything Ms. Shoenthal stated. • Stated we always give the opportunity to give a victim to speak and stated that a victim's concern will absolutely influence a judge's decision. • Stated that if a victim thought an offender was giving off too light — we would certainly take this into consideration. • Stated municipalities and state courts have programs like this. Councilmember Lusk: """" • Commended Ms. Shoenthal and Mr. Zimmerman for coming up with this program. • Stated that in Forsyth County, Judge Jeff Bagby has a program oriented towards drug abuse offenders. • Asked if a program like Forsyth County inight begin here in Milton? Fran Shoenthal, Municipal Court Solicitor: • Stated that this program, for the size of Milton and the number of cases currently handled, barring anything unforeseen in the next few years, believes this will satisfy all of the City's needs for now. • Stated if it becomes evident by the number of drug cases that Milton begins to receive then we will need to modify the conditions or add terms to the program, then we can amend as the need arises. Judge Zimmerman: • Stated Judge Bagby is a Superior Court Judge; therefore, all the drug cases are felonies which involve felony quantities of marijuana, cocaine, etc. • Judge Bagby is also dealing with many repeat drug users, drug sellers, etc. • Our program might be more akin to Judge McClellan or Judge Smith's cases in the State Court because they have more similar type cases with DUI, shoplifting and minor possession of alcohol, etc. ..�, Mayor Lockwood: • Thanked Judge Zimmerman and also thanked Judge Hansford for bringing this program idea °`�"" forward for our court. Regular Meeting of the Milton City Council Wednesday, January 6, 2010, 6:00 PM Page 7 of 15 Motion and vote: Councilmember Bailey moved to approve an Ordinance to Amend Chapter 4, Municipal Court, by adding a new section entitled A Pre -Trial Intervention and Diversion Program to be administered by the City of Milton Solicitor's Office for the purpose of ending the repeat offenses of theft by shoplifting, underage possession of alcohol, disorderly conduct, and other miscellaneous misdemeanor and traffic offenses through the education of eligible defendants; and for other purposes. Councilmember Lusk seconded the motion. The motion passed unanimously 7-0. Interim City Clerk Gordon read Agenda Item 09-1012. Approval of a Resolution To Authorize The Use Of The City Of Milton Mustang Logo By Athletic Teams Playing At Bell Memorial Park Pursuant To Agreements With The City Of Milton. City Manager Lagerbloom: • Stated that at the December 21, 2009 council meeting, there was information which caused us to perform additional legal review. • This legal review has been performed and is currently still on-going. • Recommends it would be appropriate if there is a motion to table this item and bring it up in an appropriate future time. City Attorney Jarrard: • Stated tabling the matter is a good and prudent recommendation. Councilmember Bailey: • Asked if we need to have a date specific time at which this matter would come back? Mayor Lockwood: • The motion is tabled. Motion and vote: Councilmember Thurman moved to table Agenda Item No. 09-1012, Approval of a Resolution To Authorize The Use Of The City Of Milton Mustang Logo By Athletic Teams Playing At Bell Memorial Park Pursuant To Agreements With The City Of Milton. Councilmember Tart seconded the motion. The motion passed unanimously 7-0. NEW BUSINESS Interim City Clerk Gordon read agenda item 10-1019. Approval of a Resolution Reappointing Barry L. Zimmerman as Chief Judge of the Municipal Court for the City of Milton, Georgia. W,„ Motion and vote: Councilmember Tart moved to approve, Agenda Item No. 10-1019, Approval of a Resolution Reappointing Barry L. Zimmerman as Chief Judge of the Municipal N" Court for the City of Milton, Georgia. Councilmember Lusk seconded the motion. The motion passed unanimously 7-0. Regular Meeting of the Milton City Council Wednesday, January 6, 2010, 6:00 PM Page 8 of 15 Interim City Clerk Gordon read agenda item 10-1020. Approval of a Resolution Reappointing Brian A. Hansford as Associate Judge of the Municipal Court for the City of Milton, Georgia. Motion and vote: Councilmember Hewitt moved to approve, Agenda Item No. 10-1020, Approval of a Resolution Reappointing Brian A. Hansford as Associate Judge of the Municipal Court for the City of Milton, Georgia. Councilmember Thurman seconded the motion. The motion passed unanimously 7-0. Judge Barry L. Zimmerman was sworn in by Mayor Lockwood. Judge Brian A. Hansford was sworn in by Mayor Lockwood. Interim City Clerk Gordon read agenda item 10-1021. Approval of a Resolution Appointing Sudie AM Gordon as Interim City Clerk. Motion and vote: Councilmember Lusk moved to approve, Agenda Item No. 10-1021, Approval of a Resolution Appointing Sudie AM Gordon as Interim City Clerk. Councilmember ,. Thurman seconded the motion. The motion passed unanimously 7-0. „, Sudie AM Gordon was sworn in by Mayor Lockwood. Interim City Clerk Gordon read agenda item 10-1022. Approval of a Resolution Amending Resolution No. 08-04-33, A Resolution Reappointing Members to The City of Milton Board of Zoning Appeals. Motion and vote: Councilmember Tart moved to approve a Resolution Amending Resolution No. 08-04-33, A Resolution Reappointing Members to The City of Milton Board of Zoning Appeals. Councilmember Hewitt seconded the motion. The motion passed unanimously 7-0. Interim City Clerk Gordon read agenda item 10-1023. Approval of a Resolution Amending Resolution No. 09-05-94, A Resolution Reappointing Members to The City of Milton Advisory Committee for the City of Milton Comprehensive Plan Update. Councilmember Tart: • Stated the resolution title contains Mr. Ragsdale name but the resolution does not give reference to his name. City Manager Lagerbloom: Now • Stated to remove Mr. Ragsdale's name from title as he serves vicariously on this committee through an appointment on another committee. Regular Meeting of the Milton City Council Wednesday, January 6, 2010, 6:00 PM Page 9 of 15 Motion and vote: Councilmember Bailey moved to approve, Agenda Item No. lU-IU23, Now A Resolution Reappointing Members to The City of Milton Advisory Committee for the City of Milton Comprehensive Plan update. Councilmember Thurman seconded the motion as corrected By Councilmember Tart with reference to George Ragsdale's name being removed from the Resolution title. The motion passed unanimously 7-0. Members of the City of Milton Advisory Committee for the City of Milton Comprehensive Plan Update were sworn in by Mayor Lockwood. Councilmember Tart: • Asked if those members that are on other boards which are part of the Comprehensive Plan Update Committee by default are sworn in for this board? City Manager Lagerbloom: • It is specifically called out in the resolution which created the Planning Commission, for example, as well as the resolution which created CPAC how members are appointed to CPAC because they are on other boards. Interim City Clerk Gordon read agenda item 10-1024. *WN" Approval of a Resolution Amending Resolution No. 08-02-10, A Resolution Reappointing Members to The City of Milton Construction Board of Adjustment and Appeals. Motion and vote: Councilmember Tart moved to approve, Agenda Item No. 10-1024, Approval of a Resolution Amending Resolution No. 08-02-10, A Resolution Reappointing Members to The City of Milton Construction Board of Adjustment and Appeals. Councilmember Hewitt seconded the motion. The motion passed unanimously 7-0. Members of the City of Milton Construction Board of Adjustment and Appeals were sworn in by Mayor Lockwood. Interim City Clerk Gordon read agenda item 10-1025. Approval of a Resolution Amending Resolution No. 09-11-110, A Resolution Reappointing Members to The City of Milton Design Review Board. Motion and vote: Councilmember Hewitt moved to approve, Agenda Item No. 10-1025, A Resolution Reappointing Members to The City of Milton Design Review Board. Councilmember Thurman seconded the motion. The motion passed unanimously 7-0. Members of the City of Milton Design Review Board were sworn in by Mayor Lockwood. Interim City Clerk Gordon read agenda item 10-1026. Approval of a Resolution Amending Resolution No. 09-04-30, A Resolution Reappointing Regular Meeting of the Milton City Council Wednesday, January 6, 2010, 6:00 PM Page 10 of 15 Members to The City of Milton Planning Commission. Motion and vote: Councilmember Tart moved to approve, Agenda Item No. 10-1026, Approval of a Resolution Amending Resolution No. 09-04-30, A Resolution Reappointing Members to The City of Milton Planning Commission. Councilmember Bailey seconded the motion. The motion passed unanimously 7-0. Members of the City of Milton Planning Commission were sworn in by Mayor Lockwood. Interim City Clerk Gordon read agenda item 10-1027. Approval of a Resolution Amending Resolution No. 08-04-36, A Resolution Reappointing Members to The City of Milton Board of Ethics. Mayor Lockwood: • Nominated Mr. Paul Marcela for his appointee. • Stated Mr. Marcela moved to Milton six months ago. • Stated Mr. Marcela is General Counsel and Secretary of Bluebird Corporation School Bus Company and North America Bus Industries. • Thanked Mr. Marcela for his volunteering for the City of Milton. Motion and vote: Councilmember Tart moved to approve, Agenda Item No. 10-1027, Approval of a Resolution Amending Resolution No. 08-04-36, A Resolution Reappointing Members to The City of Milton Board of Ethics with the addition of Mr. Paul Marcela as the At Large Nominee in Section 1 of the Resolution. Councilmember Bailey seconded the motion. The motion passed unanimously 7-0. Members of The City of Milton -Board of Ethics were sworn in by Mayor Lockwood. Interim City Clerk Gordon read agenda item 10-1028. Approval of a Resolution Amending Resolution No. 09-04-89, A Resolution Reappointing Members to The City of Milton Highway 9 Design Guideline Committee. Motion and vote: Councilmember Lusk moved to approve, Agenda Item No. 10-1028, Approval of a Resolution Reappointing Members to The City of Milton Highway 9 Design Guideline Committee. Councilmember Thurman seconded the motion. The motion passed unanimously 7-0. Members of The City of Milton Highway 9 Design Guideline Committee were sworn in by Mayor ,,, Lockwood. Regular Meeting of the Milton City Council Wednesday, January 6, 2010, 6:00 PM Page 11 of 15 Interim City Clerk Gordon read agenda item 10-1029. Approval of a Resolution Amending Resolution No. 09-01-72, A Resolution Reappointing Members to The City of Milton Parks and Recreation Advisory Board. Mayor Lockwood: • Nominated Mr. Jack Flowers for his appointee. • Mr. Flowers has lived in Milton since 2005. • Mr. Flowers has worked in the Milton horse community both as a manager and riding school director at Pleasant Hill and now an independent professional. • Holds a B.A. in history and M.A. in International Affairs and teaches history classes at GA Perimeter College. Motion and vote: Councilmember Hewitt moved to approve, Agenda Item No. 10-1029, Approval of a Resolution Amending Resolution No. 09-01-72, A Resolution Reappointing Members to The City of Milton Parks and Recreation Advisory Board. Councilmember Thurman seconded the motion. The motion passed unanimously 7-0. Members of The City of Milton Parks and Recreation Advisory Board were sworn in by Mayor Lockwood. Interim City Clerk Gordon read agenda item 10-1030. Approval of a Resolution Amending Resolution No. 08-04-34, A Resolution Reappointing Members to the Citizen's Participation Group for Potential Revision to the Milton Tree Ordinance and Administrative Guidelines. Motion and vote: Councilmember Thurman moved to approve, Agenda Item No. 10-1030, Approval of a Resolution Amending Resolution No. 08-04=34, A Resolution Reappointing Members to The Citizen's Participation Group for Potential Revision to the Milton Tree Ordinance and Administrative Guidelines. Councilmember Lusk seconded the motion. The motion passed unanimously 7-0. Members of The City Citizen's Participation Group for Potential Revision to the Milton Tree Ordinance and Administrative Guidelines were sworn in by Mayor Lockwood. Interim City Clerk Gordon read agenda item 10-1031. Approval of a Resolution Amending Resolution No. 09-03-85, A Resolution Reappointing Members to the Advisory Committee for The City of Milton Concept Plans for the Intersections of Birmingham at Providence and Arnold Mill at New Providence. .W.. Motion and vote: Councilmember Thurman moved to approve, Agenda Item No. 10-1031, Approval of a Resolution Amending Resolution No. 09-03-85, A Resolution Reappointing r..+� Members to The Advisory Committee for The City or Milton Concept Plans for the Intersections of Birmingham at Providence and Arnold Mill at New Providence. Councilmember Longoria seconded the motion. The motion passed unanimously 7-0. Regular Meeting of the Milton City Council Wednesday, January 6, 2010, 6:00 PM Page 12 of 15 Members of The City of Milton Concept Plans for the Intersections of Birmingham at Providence and Arnold Mill at New Providence were sworn in by Mayor Lockwood. Interim City Clerk Gordon read agenda item 10-1032. Approval of a Resolution Amending Resolution No. 09-11-111, A Resolution Reappointing Members to The City of Milton Transportation Stakeholders Advisory Committee. Motion and vote: Councilmember Hewitt moved to approve, Agenda Item No. 10-1032, Approval of a Resolution Amending Resolution No. 09-11-111, A Resolution Reappointing Members to The City of Milton Transportation Stakeholders Advisory Committee. Councilmember Lusk seconded the motion. The motion passed unanimously 7-0. Members of The City of Milton Transportation Stakeholders Advisory Committee were sworn in by Mayor Lockwood. Interim City Clerk Gordon read agenda item 10-1033. Approval of a Resolution Amending Resolution No. 08-04-32, A Resolution Reappointing Members to The City of Milton Bicycle and Pedestrian Committee. Motion and vote: Councilmember Thurman moved to approve, Agenda Item No. 10-1033, ,„ Approval of a Resolution Amending Resolution No. 08-04-32, A Resolution Reappointing Members to The City of Milton Bicycle and Pedestrian Committee. Councilmember Bailey seconded the motion. The motion passed unanimously 7-0. Interim City Clerk Gordon read agenda item 10-1034. Approval of a Resolution Amending Resolution No. 09-04-91, A Resolution Reappointing Members to The Historic Preservation Committee For Development Of A Historic Preservation Ordinance For The City Of Milton. Motion and vote: Councilmember Tart moved to approve, Agenda Item No. 10-1034, Approval of a Resolution Amending Resolution No. 09-04-91, A Resolution Reappointing Members to The Historic Preservation Committee For Development Of A Historic Preservation Ordinance For The City Of Milton. Councilmember Lusk seconded the motion. The motion passed unanimously 7-0. Interim City Clerk Gordon read agenda item 10-1035. Approval of a Resolution to Provide for the Appointment of Individuals to Milton Grows Green's Governing Board and for Other Designated Purposes. WON Motion and vote: Councilmember Hewitt moved to approve, Agenda Item No. 10-1035, tft' Approval of a Resolution to Provide for the Appointment of Individuals to Milton Grows Green's Governing Board and for Other Designated Purposes as stated and amended by City Manager Lagerbloom to read in the last paragraph of Resolution No. 10-01-36 ........... December 1St Regular Meeting of the Milton City Council Wednesday, January 6, 2010, 6:00 PM Page 13 of 15 such that 1/2 the governing board shall begin their terms on each December t--, ana tnat ims snap oc deemed an amendment to Resolution 08-10-46. Councilmember Thurman seconded the motion. The motion passed unanimously 7-0. Interim City Clerk Gordon read agenda item 10-1036. Approval of a Resolution Requesting That Keep Georgia Beautiful and Keep America Beautiful Accept and Recognize Milton Grows Green as The City of Milton's Affiliate for Those Programs; and for Other Designated Purposes. City Manager Lagerbloom: • KAB is a national group and has affiliate outreach organizations in many parts of this state as well as the nation. • In their exploration of becoming Milton's affiliate to Keep America Beautiful, this was one of the precursors that publically launch the city and counsel support of this particular group pursuing that designation. • We have a very dedicated and active group of volunteers who want to work with the city. • This resolution is affirming the council's and city's position that Milton Grows Green will continue to explore becoming Milton's Keep America Beautiful affiliate. Councilmember Bailey: • This will allow the possibility of potential grants which would help in a variety of issues whether ,w, that is community education or specific programming. Councilmember Bailey: • Explained "Give a Day/Get a Day" program with Disney which she saw on television. • Disney will give a free pass for volunteers. • Asked if this might be an idea that can be accomplished through this committee? City Manager Lagerbloom: • There is an application process that has been completed and submitted for "Give aDay/Get a Day • The "Give a Day/Get a Day" program has asked for a description of what our functions are as a city government on official Milton letterhead which has been faxed. • Stated he should hear back via e-mail whether Milton has qualified and been approved for the program. Councilmember Thurman: • If the City of Milton does not qualify, can Milton Grows Green qualify? City Manager Lagerbloom: • Stated he read the six categories of entities which could apply. • When the program spoke of qualifying as a government, Parks and Recreation Programs and governments which sponsors a volunteer effort. • The other way to become qualified is a 501(c) (3) charitable organization. Councilmember Bailey: Regular Meeting of the Milton City Council Wednesday, January 6, 2010, 6:00 PM Page 14 of 15 • Encouraged any ideas to go to Milton Grows Green Committee. • Thanked the volunteers of Milton Grows Green. Motion and vote: Councilmember Longoria moved to approve, Agenda Item No. 10-1036, Approval of a Resolution Requesting That Keep Georgia Beautiful and Keep America Beautiful Accept and Recognize Milton Grows Green as The City of Milton's Affiliate for Those Programs; and for Other Designated Purposes. Councilmember Thurman seconded the motion. The motion passed unanimously 7-0. Councilmember Bailey: • Recommended that we swear in those members of Milton Grows Green that are in the audience tonight. Members of the Milton Grows Green committee were sworn in by Mayor Lockwood. MAYOR AND COUNCIL REPORTS Mayor Lockwood: • Thanked all of the staff of the City of Milton for their hard work and looks forward to a great 2010. Councilmember Bailey: • Extended an invitation to the council, mayor and citizens to Rachel's Challenge, January 14tH, 7:00 PM, Northwestern Middle School. • Rachel is the name of the young woman in 1999 who was the first student who was killed at the Columbine High School incident. • Rachel's Challenge is a program that has been embraced by the administration, staff and teachers of Northwestern Middle School as an outreach program to help bring positive character development and value structure to the youth in the community and to others regardless of age. • Bruce Frazier, the Principal of Northwestern Middle School and the administration would gladly have all of us attend Rachel's Challenge on January 14''. • This program will be the first of an extended program to reach out from Northwestern to other students in other schools. • Stated she has a press release which will provide more details which she will hand out to staff and Communication Manager. • This is an important step for our community and speaks to what we heard from Fran Shoenthal earlier about the need to embrace our youth and do whatever we can to come up with solutions that will help them to make better decisions each and every day. • This program stemmed from the writings of Rachel who was killed. • Read a quote from Rachel who was found after her passing by her parents: Rachel Joy Scott wrote "I have this theory that if one person can go out of their way to show compassion, that it -- will start a chain reaction of the same. People will never know how far a little kindness can go". • Encouraged us as a counsel, as a city, the staff, the schools and those within the walls of Milton • to please attend Rachel's Challenge. • This is an opportunity for us to embrace the premise of a chain reaction. Regular Meeting of the Milton City Council Wednesday, January 6, 2010, 6:00 PM Page 15 of 15 Mayor Lockwood: *MOO • Welcomed Councilmember Longoria. • Stated he looks forward to work with Mr. Longoria. City Manager Lagerbloom: • Stated he sent an e-mail regarding Parks and Recreation Needs Assessment. • Stated he received a response from Councilmember Lusk. • Stated he is planning to add to a December Work Session. • Stated that he sent an e-mail today indicated that counsel would receive some type of a letter tonight at this meeting that would address the culmination of the CH2M Hill transition which remains in an almost complete but still very working draft form. • Stated he wants to ensure that every bit of information in the report is defendable with data and facts. • The report is 98% complete. • It is first on my agenda tomorrow. • This is a working draft from your City Manager. EXECUTIVE SESSION Executive Session to discuss pending litigation, land acquisition and personnel. Motion and Vote: Councilmember Lusk moved to adjourn into Executive Session at 8:23 p.m. to discuss pending litigation, land acquisition and personnel. Councilmember Longoria seconded the motion. There was no Council discussion. The motion passed unanimously 7-0. RECONVENE Motion and Vote: Councilmember Lusk moved to reconvene the Regular Meeting at 8:55 p.m. Councilmember Bailey seconded the motion. The motion passed unanimously 7-0. ADJOURNMENT After no further business, the regular meeting adjourned at 8:56 p.m. Motion and Vote: Councilmember Tart moved to adjourn the Regular Meeting at 8:56 p.m. Councilmember Lusk seconded the motion. The motion passed unanimously 7-0. Date Approved: February 1, 2010 Su ie Gordon, Interi City Clerk Joe Lockwood, r