HomeMy WebLinkAboutMinutes CC - 11/21/2006 - MINS 11 21 06 SC (Migrated from Optiview)Special Called Meeting of the Milton City Council
Tuesday, November 21, 2006 at 4:30 PM
Page 1 of 35
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Special Called Meeting of the Mayor and City Council of the City of Milton was held on November 21, 2006 at
am 4:30 PM, Mayor Joe Lockwood presiding.
CALL TO ORDER
Mayor Lockwood called the meeting to order.
ROLL CALL
City Clerk Marchiafava reminded everyone to silence their cell phones and pagers at this time. Additionally, those
wishing to provide public comments, either during a public hearing or at the conclusion of the meeting under the public
comment section, are required to complete a public comment card. They are located at the front and back tables and
need to be turned in to the Clerk.
City Clerk Marchiafava called the roll.
Councilmembers Present: Councilmember Karen Thurman, Councilmember Julie Zahner Bailey, Councilmember
Tina D'Aversa-Williams
City Clerk Marchiafava announced that Councilmember Rick Mohrig was not present at that time. Councilmember
Mohrig arrived at approximately 4:45 PM.
PLEDGE OF ALLEGIANCE
Mayor Lockwood led the Pledge of Allegiance.
APPROVAL OF MEETING AGENDA
City Manager Bovos stated that staff requests that the Council add four items to the agenda:
b.-.* 1. Swearing in of the Public Safety Director added to Reports and Presentations.
2. Agenda Item 06-052, an Ordinance adopting the Personnel Policy Handbook under Unfinished Business
#6 move to First Presentation.
3. Under New Business add # 13 acceptance of annexation applications for Cox Road.
4. Under New Business add #14 a Resolution to have published a notice in the City's legal organ
informing the public hearing by the City Council to receive comments and consider adopting of the
zoning ordinance.
Motion and Vote: Councilmember Thurman moved to approve the Meeting Agenda as amended above.
Councilmember D'Aversa-Williams seconded the motion. There was no Council discussion. The motion passed
unanimously.
CONSENT AGENDA
City Clerk Marchiafava stated that there is no Consent Agenda.
REPORTS AND PRESENTATIONS
Presentation of Fiscal Year 2007 Budget
City Manager Bovos introduced City Treasurer Carol Wolfe. He added that she has made great strides in balancing the
budget.
„.w City Treasurer Wolfe stated that she is delighted to present the City of Milton's first annual balanced budget. She
introduced the Transmittal Letter that presents the budget. She continues by stating that the presentation is the first of
two required public hearings by state law regarding the annual budget. We have met all the advertising requirements for
i..�. both public hearings.
As seen on page one of the transmittal letter there are four key budget factors:
a. Sustainability of existing services in order to maintain the quality of life for constituents, businesses and
citizens;
Special Called Meeting of the Milton City Council
Tuesday, November 21, 2006 at 4:30 PM
Page 2 of 35
b. Meeting the deployment schedule for City operations;
c. Initial contribution to operating reserves; and
d. Maintaining the required match to federal/state funding for approved infrastructure projects.
Sustainability of Existing Services: The fiscal year 2007 budget process began with initial staff deployment in
September and has continued to date with a final balanced budget establishing the prioritization and use of available
resources to fund initial deployment of City services, as outlined to the City Council in a Resolution passed on
November 14, 2006.
The City of Milton Charter establishes the millage rate at 4.731 mills, which is the same millage rate as the Fulton
County Special Services District. This budget provides financial resources for the City of Milton to sustain the County's
previous levels of service. In cases where financially feasible, there are included in the financial plan modest increases
in service for the same millage rate.
In appropriating the resources to sustain existing services, the following are the top five revenue and expenditure
sources:
Representing 90.7% of total general fund revenue, the top five areas of general fund revenue are as follows:
Property Tax Revenue $6,700,000
Local Option Sales Tax $2,500,000
Franchise Fees $ 823,000
Business Occupation Tax $ 600,000
Fines & Forfeitures $ 416,000
Representing 83.6% of total general fund expenditures, the top five areas of general fund expenditures are:
Contracted Service with CH2M Hill $5,185,000
City Position Salary Costs $1,870,000
Fulton County IGA for Public Safety $2,028,000
Property & Casualty Insurance $ 329,000
Capital Lease Payment - Machinery, Equipment, and Vehicles $ 262,000
This revenue and expenditures are based on ten months revenue and expenditure cycle with the City's Public Safety
being deployed May 1 and the Fulton County Intergovernmental Agreement covering Public Safety until that point.
Meeting the Deployment Schedule for City Operations: The City Council has approved deployment schedule for all
City services and that budget is based on that deployment schedule.
Salary and Benefits Associated with Deployment of Operations in the Initial Year of Incorporation:
The salary and benefit budget, which is City employee not CH2M employees, is based upon the approved
operations deployment schedule. For fiscal year 2007, direct City costs for salaries/benefits is $2,668,149, with
$2,078,316 appropriated for salaries and $589,833 for benefits, making benefit costs 28.4% of the total
salaries/benefit budget. The total City salary/benefits budget is 22.8% of the total operating expenditures. This
is way below the average percent of benefit to salaries.
These costs represent the following positions paid by the City:
go" Mayor & Council
City Manager
City Clerk & Municipal Court
NowCity
Safety
Operations
0 Budget Summary by Department:
1 Full-time; 7 Part-time positions
1 Full-time position
1 Full-time position
63 Full-time positions
1 Full-time position
Special Called Meeting of the Milton City Council
Tuesday, November 21, 2006 at 4:30 PM
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Mayor and City Council
The Mayor and Council Department is comprised of a Mayor, six council members, and an Executive Aide to
the Mayor. Salaries of all of the positions in the Mayor/Council Department are set by City Charter. Each
elected official receives an annual stipend for expenditure reimbursement. For fiscal year 2007, the Mayor's
stipend is $3,000 and each councilmember receives a stipend of $2,000 each. The total appropriation budget for
the Mayor/Council Department is $297,368.
City Manager
The City Manager's Department is responsible for the overall management of all City functions and operations.
The City Manager's Department is comprised of four employees, a position established by the Charter and the
remaining employees are employed by CH2M Hill. The total appropriation budget for the City Manager's
Department is $796,816. The City Manager's office will also manage contracted legal services. The budget for
legal services is $110,000.
City Clerk
The City Clerk's Department is responsible for the compilation and publication of all Council agendas. The
City Clerk is holder of all City records, and therefore is responsible for the records management program. The
City Clerk's Department is comprised of one Charter position and the remaining employees are employed by
CH2M Hill. The total appropriation budget for the City Clerk's Department is $171,488. Because the City
Clerk and Court Clerk is one position the departments share salary and benefit cost.
Community Development
I••• The Community Development Department is responsible for all planning and zoning activities, as well as
inspections and code enforcement. The entire Community Development Department is funded by CH2M Hill in
aW which there are seven employees in total.
In addition to the above employees, the management of building permit issuance and inspections will be
provided by a contracted service provider, who will provide the requisite staff to effectively manage the
function. The total appropriation budget for the Community Development Department is $1,123,388.
Community Services
The Community Services Department is responsible for all public works activities, as well as the recreation and
parks functions and maintenance activities. The Community Services Department is comprised of the five
employees, all which are funded by CH2M. The total appropriation budget for the Community Services
Department is $1,448,440.
Municipal Court
The Municipal Court is responsible for the operation of the City's Municipal Court system, scheduling,
processing, and tracking all violations issued by public safety and code enforcement personnel. The Court
Department is comprised of the following employees: two positions set by Charter and the remaining are CH2M
Hill employees.
The Municipal Judge and Court Clerk are the positions established by the Charter. The City Clerk will also
function as the Municipal Court Clerk; therefore, the salary/benefit costs for the position will be shared between
the two departments. The remaining employees are employed by CH2M Hill. The total appropriation budget
for the Municipal Court is $329,521.
Operations Department
The Operations Department is responsible for financial management, human resources management, and
information technology. The Operations Department is comprised of twelve employees. The City Treasurer is
a position established by the Charter and the remaining employees are employed by CH2M Hill. The total
appropriation budget for the Operations Department is $2,060,543.
Special Called Meeting of the Milton City Council
Tuesday, November 21, 2006 at 4:30 PM
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The Operations Department will also manage the property and casualty insurance program, which is budgeted at
$389,000, as well as oversee the City's grant procurement program.
Public Safety Department
The Public Safety Department is responsible for all police, fire, and emergency management functions. The
Public Safety Department is comprised of sixty-three employees, all of which are direct employees of the City,
for a scheduled deployment of May 1, 2007.
The budget for public safety includes the cost for the Fulton County Intergovernmental Agreements and May 1
to September 30 City Operations. The total appropriation budget for the Public Safety Department is
$4,721,935.
The Council will be asked to approve an IGA with Fulton County to provide 911 Services which have no fiscal
impact on the City there is just an exchange of our wire and wireless revenue for the County providing the 911
Services.
Other Budgeted Expenditures — Non -departmental
Included in the expenditure appropriations are the following:
■ A debt service payment in the amount of $73,500, representing one of the two annual payments
associated with the Hickory Flats Fire Station.
■ An estimated lease payment associated with the lease of operating and capital equipment, vehicles, and
WM fire apparatus in the amount of $262,785.
■ An inter -fund transfer of $200,000 out of the General Fund and into the Capital Project Fund in order to
pay for the recommended capital projects for fiscal year 2007.
Contribution to Reserves: The City's Financial Management Plan Budget Policy requires an operating reserve equal to
two months expenditures which is approximately 16%. These funds are set aside as a reserve in case of economic
downfall or catastrophic emergency, as well as a float for cash flow purposes. The policy allows five years for the City
to build up to the 16% level and the fiscal year 2007 budget includes a 2% contribution to the reserves in the amount of
$244,853.
Maintaining the Quality of Life for Constituents, Businesses, and Citizens: The City's capital improvement program
has the most visible and long-term effect on the quality of life for constituents, businesses and citizens. As part of the
capital planning process for fiscal year 2007, two major areas were addressed and funded as part of the fiscal year 2007
budget.
1) Funding the required match to Federal/State funding for already approved Transportation Improvement Program
(TIP) infrastructure projects.
Proiect City's Match
Birmingham Highway at New Providence Road $110,000
Bethany Road at Providence Road $ 90,000
Freemanville Road at Providence Road $ 60,000
2) The second area addressed in the capital improvement plan for the initial year of incorporation was the purchase
of Park and Public Safety assets from Fulton County, as follows:
Asset Cost
Fire Stations at $5,000 each $15,000
Special Called Meeting of the Milton City Council
Tuesday, November 21, 2006 at 4:30 PM
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Fire Station Furnishings $72,000
Park Land - Bell Memorial $ 1,876
Park Land - Crabapple Community Center $ 1,000
Park Land - Bethwell Community Center $ 1,000
Park Land — Birmingham $20,650
There is also an appropriation of $78,474 for capital project contingency.
City Treasurer Wolfe stated that in the Transmittal Letter there are three financial summaries:
■ Total Government Summary
■ General Fund Summary
■ Capital Project Fund Summary
Also attached to the budget are the fee schedules for all of the charges for service fees, which will be approved as part of
the budget ordinance. These are the fees that were used to formulate revenue for charges of service. City Treasurer
Wolfe asked if there were any questions.
Councilmember Zahner Bailey asked if the $72,000 for the fire station furnishings were net new furnishings or if they
were purchased from the existing furnishings in the fire station.
City Treasurer Wolfe answered that it is net new furnishings, which includes furnishings for the day room, laundry
room, bunk room, and the office.
■•w Councilmember Zahner Bailey asked when Fulton County will begin the tracking and removal of the old furnishings.
U" City Treasurer Wolfe replied that she has no confirmation of when the transfer will begin.
Councilmember D'Aversa-Williams asked if the CH2M Hill scope of services is a document that will become
available.
City Treasurer Wolfe replied that the CH2M Hill contract will be on the December 7 Council Meeting Agenda. She
also wanted to point out that a little over $5 million for CH2M is for ten months of services.
Councilmember Thurman asked if that included the initial amount we paid for them during the transition phase.
City Treasurer Wolfe replied that it does include a spread of mobilization costs over four years. It includes a portion
of mobilization cost.
Councilmember Mohrig asked if it is amortized over the ten months.
City Treasurer Wolfe replied that is correct.
Councilmember Zahner Bailey asked in terms of revenue, which some numbers were high, could she clarify that some
of that has to do with an exemption that had been previously double -counted.
City Treasurer Wolfe replied that we did go back and do a better match, one for one, on exemptions from Fulton
.... County. We had duplicated the homestead exemption from Fulton County. Fulton County will pass us the homestead
exemptions and because they are exactly the same amount and are approved with the same parameters, we will take
those exemptions. Our property tax revenue did increase.
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Councilmember Thurman asked for clarification on how much that increase was.
Special Called Meeting of the Milton City Council
Tuesday, November 21, 2006 at 4:30 PM
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City Treasurer Wolfe replied that she did not know the exact amount of the increase, but it was a little over $1.2
million.
City Treasurer Wolfe asked if there were any more questions on the budget.
Councilmember Thurman asked if there were any other material differences from the budget that we previously
discussed.
City Treasurer Wolfe replied that there were no differences in the budget that was previously discussed in a workshop
setting, other than the increase in property tax revenue. There were no other material differences and we are balanced.
Councilmember Thurman asked about the fees being charged and if they were similar, such as license fees, to what
the citizens have already been paying.
City Treasurer Wolfe stated they are similar. We have tried to stay aware of the fees Fulton County charged and
structured our fees very similar to their fees.
Councilmember Mohrig asked about the passing of homestead exemptions from Fulton County and if every resident
would have to reapply for the homestead exemption.
City Treasurer Wolfe stated that they do not have to reapply. She added that this information is posted on the website
and some press releases will take place closer to January V. If a resident currently qualifies for homestead exemption
with Fulton County, then they need not reapply. If there is a change, obviously they need to reapply but through Fulton
Pm County. Fulton County will pass that information on to us. We do have an additional layer of senior citizen homestead
exemptions. We have a basic senior citizen and two levels of exemptions that are based on income. Any citizen will
;yr, need to apply for those through the City of Milton to get those additional exemptions. They will not need to reapply
with the county for basic homestead exemption.
Councilmember Mohrig requested that this information be announced so that people can apply for those exemptions.
City Treasurer Wolfe stated that the information is currently on the website along with the applications for the senior
exemptions. We will start accepting those applications January I" and will certainly do some press releases to get that
information in front of our citizens.
City Clerk Marchiafava stated that concludes the presentation of the budget.
We are now moving into the Public Hearing on the budget.
PUBLIC HEARING on Fiscal Year 2007 Budget
City Clerk Marchiafava asked if there were any public comments. There was no public comment. The public hearing
was closed.
PUBLIC HEARING
To receive input for consideration and adoption of a Resolution establishing enhanced 911 charges on wired and
wireless communications within the City of Milton, and the consideration and adoption of a Resolution
establishing a 911 charge for telephone communications within the City of Milton, Georgia. This public hearing
is being held pursuant to O.C.G.A. § 46-5-133.
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City Treasurer Wolfe stated that this is the public hearing section on the wired and wireless resolutions. The actual
adoption of the resolutions will be later in the agenda. Staff recommendation tonight is the approval of two resolutions
as follows: a resolution establishing a wireless enhanced 911 charge, and a resolution establishing a wired enhanced 911
Special Called Meeting of the Milton City Council
Tuesday, November 21, 2006 at 4:30 PM
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On" charge. Upon incorporation, the City has a responsibility of providing emergency 911 operations to our constituents.
As mentioned during the budget presentation, we are contracting with Fulton County to provide those services. The fees
am we are asking Council to approve tonight will be collected by Fulton County in order to provide those services. Fees
collected for wired, which are land lines for both residential and commercial telephone services, are $1.50. Fees
collected for wireless or cellular lines are based on the billing address of the customer within the city limits, which will
be $1.50. Tonight, we are going to ask Council to approve the intergovernmental agreement. Again, just to reiterate,
this has no fiscal impact on the city. These resolutions are authorizing the collection of the wired and wireless fees for
the City of Milton. We have communicated with the wired and wireless communication providers to begin to break out
those fees collected within the City of Milton so we can establish what those will be in the future if we wish to collect
those ourselves. That is a lengthy and complex process for the service providers. It usually takes eight to nine months.
We have gone ahead and asked them to begin that process to split that out so that by the next fiscal year, we would know
exactly what those fees are.
City Clerk Marchiafava asked if there were any public comments on this item. There was no public comment. The
public hearing was closed.
1) Administration of Oath of Office:
a. Code Enforcement Officers
b. Public Safety Director (added by Motion and Vote)
Mayor Lockwood administered the Oath of Office to Code Enforcement Officers Marcus Kellum and Isaac Lewis.
Mayor Lockwood administered the Oath of Office to Public Safety Director Chris Lagerbloom.
ZONING AGENDA
City Clerk Marchiafava stated that there is no Zoning Agenda.
FIRST PRESENTATION
City Clerk Marchiafava read the following First Presentations into the record.
1) Approval of an Ordinance Adopting a Budget for the Fiscal Year 2007 for each fund of the City of Milton,
Georgia.
2) Approval of an Ordinance to Adopt and Approve Chapter 9, Building Codes, and providing for inclusion and
identification in the future developed Code of Ordinances for the City of Milton, Georgia.
3) Approval of an Ordinance to Adopt and Approve Chapter 13, Traffic and Public Roadways, and providing for
inclusion and identification in the future developed Code of Ordinances for the City of Milton, Georgia.
4) Approval of an Ordinance to Adopt and Approve Chapter 14, Land Development, and providing for inclusion
and identification in the future developed Code of Ordinances for the City of Milton, Georgia.
5) Approval of an Ordinance to Adopt and Approve Chapter 15, Health and Public Safety, and providing for
inclusion and identification in the future developed Code of Ordinances for the City of Milton, Georgia.
6) Approval of an Ordinance to Adopt and Approve Chapter 16, Streets and Sidewalks, and providing for inclusion
and identification in the future developed Code of Ordinances for the City of Milton, Georgia.
own. 7) Approval of an Ordinance Granting a Franchise Agreement with BellSouth, Telecommunications, Inc.
Now 8) Approval of an Ordinance Granting a Franchise Agreement with Comcast of Georgia, Inc.
9) Approval of an Ordinance Granting a Franchise Agreement with Atlanta Gas Light.
Special Called Meeting of the Milton City Council
Tuesday, November 21, 2006 at 4:30 PM
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10) Approval of an Ordinance Granting a Franchise Agreement with Georgia Power.
11) Approval of an Ordinance Granting a Franchise Agreement with Cobb EMC.
12) Approval of an Ordinance Granting a Franchise Agreement with Sawnee Electric.
13) Approval of an Ordinance to Adopt the Fulton County Tree Preservation Ordinance and Administrative
Guidelines.
(Added by Motion and mote)
14) Approval of an Ordinance Adopting the Personnel Policy Handbook.
Motion and Vote: Councihnember Zahner Bailey moved to approve the First Presentation items listed above.
Councilmember Thurman seconded the motion. The motion passed unanimously.
UNFINISHED BUSINESS
Approval of an Ordinance to provide for the continuation of ordinance and law during the transition period
legislatively established for the City of Milton, Georgia, and the adoption of ordinances by the City of Milton,
Georgia. (Second Reading)
Ordinance 06-11-01
City Manager Bovos stated that City Attorney Mark Scott was supposed to present this but is not here at this time.
The need for this ordinance provides for the continuation of law and order. Basically, we are taking any Fulton County
ordinances and adopting them as along as they do not supersede what we have previously done. The goal being that we
are not leaving any holes or any place where we do not have any jurisdiction of any ordinance in effect on or before
December 1St. This has added an abundance of caution.
Motion and Vote: Councilmember D'Aversa-Williams moved to approve the Ordinance to provide for the continuation
of ordinance and law during the transition period legislatively established for the City of Milton, Georgia, and the
adoption of ordinances by the City of Milton, Georgia. Councilmember Zahner Bailey seconded the motion. There was
no Council discussion. The motion passed unanimously.
Approval of an Ordinance adopting Rules of Procedures for the City Council Meetings and Public Hearings for
the City of Milton, Georgia. (Second Reading)
Ordinance 06-11-02
City Manager Bovos stated that this item was originally discussed during a Council interactive session. He highlighted
different areas of the policy. With open meetings, we specifically outlined within this policy our compliance with Title
50 Chapter 14 of the Georgia Code, which is the public records and the Open Meetings Act. We do outline as well in
executive session the three reasons for which we can call an executive session. Two reasons are real estate acquisition
and pending litigation. It is important to understand that pending litigation is not perceived or anticipated litigation. It is
actually litigation that has been received by the City. The third area is personnel matters. It is important to note that
visual and/or sound recordings are allowed at any one of our public meetings. That is both by the City and by anyone in
attendance. A quorum must be present in order to execute any item. This particular policy establishes the policy at four
or more members. The election of a Mayor Pro Tem will occur once all the Council members are seated each year in
January. We will do that in December. Regular meetings are scheduled the first and third Thursday of the month at
5:30 PM. There has been some discussion from candidates who are running for office as well as currently seated
members about that. This is more than welcomed to be discussed if they would like to change this. On special called
meetings, it is important to note that they can be called by the Mayor or at the request of at least four Council members.
Notification of the special meeting needs to come from the City Manager's office and the City Clerk will schedule it.
The agenda format is included in this particular policy. Consent Agenda items and First Presentations are defined as
well and will be read into the record with one vote for all of the items. Abstentions require a conflict of interest. A
Councilmember may abstain on a particular vote; however, you cannot abstain unless there is a specific conflict of
Special Called Meeting of the Milton City Council
Tuesday, November 21, 2006 at 4:30 PM
Page 9 of 35
interest. Those conflicts of interest are outlined in Chapter 6 in the Code of Ethics. The policy outlines that public
participation and public hearings are limited to five minutes per speaker. A public hearing for the majority of what we
rwwn do will be hearings where you hear pros and cons against a specific item, primarily rezoning items. Those are limited to
10 minutes per side to include any rebuttal comments. The City Clerk will start a timer for both the pro and con side and
take public comment cards from those people. Public comments at five minutes per side is anybody who would like to
provide public comments on any point during the meeting whether at the beginning of a public hearing or at the end of
the meeting on a specific item they wish to discuss. The meeting summary will be posted as it has been in the past by
the City Clerk's office. Official minutes will be taken of the meetings through sound recording and transcribed minutes.
The Robert's Rules of Order will be informally adopted through this particular policy.
Councilmember Zahner Bailey asked a question dealing with the placement of public comments. Currently, it is
structured to where a public comment that is not specific to a zoning issue would be at the end of our meeting. The
question is whether or not it would make sense to have those public comments at the beginning. She stated that some
people may have some commentary about some issues that would be on the agenda and therefore be beneficial to
Council and Mayor to be able to hear those comments before we get into full session of our agenda for that particular
day. Also, depending on the time that the meetings start, it is always a benefit to have public comments at the end in
order to give time for more people to arrive. The counter to that is sometimes the meetings can go quite long and it
could preclude people from staying. She thinks there are a number of things to consider. As a new city, the goals are to
be as transparent as possible. She would be willing to consider having public comments at the beginning and the end if
we had a limitation. She brings this forward as a discussion point and possibly a friendly amendment.
City Manager Bovos stated that staff is fine with the comments at the beginning, end or both if that is what the Council
prefers. What he does not want to see happen, for example, a rezoning scheduled under the Zoning Agenda and to allow
public comments at the beginning of a Council meeting when that particular rezoning calls for a public hearing. As long
as they differentiate that public comments at the beginning would be for non-public hearing items, he felt staff had no
issues with this suggested change. If public comments are allowed at the beginning for a public hearing at the end, then
we could get into some challenges about how long people speak and differentiate between public comments and public
hearings.
Councilmember Zahner Bailey stated that distinction needed to be made. Her purpose was to bring that up to the
Council for consideration given there have been community members that came from both perspectives.
Councilmember Thurman asked what the difference was in the invitation for public comment on each agenda item and
the five minutes of public comments that Councilmember Zahner Bailey is referencing.
City Manager Bovos stated invitation for comment on specific agenda items is either our allowance of that particular
public comment through the approval of an ordinance or through an externally regulated required public hearing,
whether that be the budget hearing or zoning. Public comment is traditionally limited to items that are not specifically
on the agenda and being approved. If you had a constituent who wanted to make a comment about a pothole or
complain about a Code Enforcement issue, those would be generic public comments that do not occur or do not result in
the direct action of City Council on a particular agenda item.
Councilmember Zahner Bailey stated that within the last couple of days concerns have been heard from citizens about
the substation on Thompson Road. As an example, if public comments were held at the beginning of the meetings, even
though that is not a specific agenda item, this would be the opportunity for a citizen to come forward and address this
Council and Mayor and be able to request of us to take action on their behalf. One reason to consider having this at the
beginning is that when the Council gets to the end of the meeting when there are items that can be discussed, action can
M.•K be taken on that request that came at the beginning of the meeting. She wanted to know if this was accurate.
01" City Manager Bovos stated this was absolutely correct.
Councilmember Zahner Bailey stated that was one example of having something at the beginning that could allow
them to take action that otherwise would have to be delayed two weeks or a month.
Special Called Meeting of the Milton City Council
Tuesday, November 21, 2006 at 4:30 PM
Page 10 of 35
City Manager Bovos stated the goal of the public comments at the end of the agenda is to allow anyone to say anything
that does not pertain to an action taking by Council.
Councilmember Zahner Bailey stated that comments should be moved to the beginning and asked how to go about
accomplishing this.
City Manager Bovos stated that a motion to approve the agenda item would be requested amending the policy to
change public comments from the end of the agenda to the beginning of the agenda.
Councilmember Zahner Bailey also asked if it would make sense to limit the public comment period. Currently, there
is a five minute limit per person. There is not currently a total limit on the amount of public comment.
City Manager Bovos stated that is correct. Currently, there is no limit on the total public comment time. The challenge
with limiting total public comment time would be if you had twenty different issues that are on different platforms. You
may end up with ten people in the beginning who may have the same issue but the twelfth person wants to talk about
something different. You can limit it, but it has not been done in the existing policy.
Councilmember Zahner Bailey stated that Fulton County has had a habit of having it at the beginning and limiting it to
a total amount of time. Each speaker is limited to two minutes. Sometimes two minutes is not ample time. Maybe
consider three minutes with a total of thirty minutes. The Council could always have the opportunity to extend that.
Would the Council have the opportunity in a given meeting to have a vote to extend the time by majority vote each and
every time that it was needed?
City Manager Bovos stated the Council could do so.
Councilmember Thurman questioned if they could go ahead and set a limit and extend it as they choose.
City Manager Bovos stated that if at the beginning of a Council meeting they have a substantial number of public
comment cards or a long line of people at the podium, then the Council could always extend the traditional time. It
would take a motion, second, and vote, but it can be done.
Councilmember Zahner Bailey stated to everyone in the room that the premise is to make available as much
opportunity for the public to comment on concerns that are separate from specific agenda items, but that we also want to
have the ability to limit so we can carry out the business of the City. The Council would have the opportunity to extend
that on a meeting by meeting basis.
Councilmember Mohrig stated that they could always amend this if needed. At the moment, the Council could start
out with the public comments at the beginning and if problems occur, then they could amend it.
Councilmember Thurman stated that she likes it better at three minutes instead of five minutes.
City Manager Bovos stated the time limit is currently at five minutes. If the Council would like to change it, a motion
would be needed.
Motion and Vote: Councilmember Zahner Bailey moved to approve the Ordinance adopting Rules of Procedures for
the City Council Meetings and Public Hearings for the City of Milton, Georgia with amendments of bringing Public
Comments to the beginning of the meeting, limiting the comments to three minutes per person and no total limit to the
public comments. Councilmember Thurman seconded the motion. There was no Council discussion. The motion
passed unanimously.
City Clerk Marchiafava asked if there were any public comments on this matter.
Special Called Meeting of the Milton City Council
Tuesday, November 21, 2006 at 4:30 PM
Page 11 of 35
am" City Attorney Scott stated that the Council could always suspend the rules if there is an item that may need more public
comments.
Approval of an Ordinance Adopting the Fiscal Year. (Second Reading)
Ordinance 06-11-03
City Treasurer Wolfe stated that this ordinance provides for a fiscal year October 1 through September 30. This fiscal
year was based on the annual revenue cycle centered on property taxes. Given the schedule of receiving the digest from
Fulton County and billing and collecting those property taxes, staff recommends the fiscal year October 1 through
September 30.
City Clerk Marchiafava asked if there were any public comments. There was no public comment.
Motion and Vote: Councilmember D'Aversa-Williams moved to approve the Ordinance adopting the Fiscal Year.
Councilmember Mohrig seconded the motion. There was no Council discussion. The motion passed unanimously.
Approval of an Ordinance to require a nonexclusive Solid Waste Contract to operate in the City of Milton,
Georgia. (Second Reading)
Ordinance 06-11-04
City Manager Bovos stated that this item was the same as presented in the interactive sessions. Under Scope and Nature
of Operation, this does apply to both residential and commercial customers across the board. Any solid waste operation
within the City of Milton will be governed by this ordinance. The hours of collection are 7 AM to 7 PM within the City.
We will require haulers to publish and provide to all their customers a holiday schedule. Also, they will be required to
have a local telephone number. Each receptacle that is provided by a hauler, which is not a requirement, has to be
marked with letters no less than four inches so the City can identify them. Under the recycling program, residential
recycling under this particular ordinance is required. The haulers have to provide an outlet in which residential
customers can recycle in the event they choose to recycle. In addition to that, haulers are to provide a yard trimming or
yard collection program. Vehicles do have to be covered and identified anytime they are in the City. Containers that are
provided by the haulers have to be covered and animal resistant. Haulers are responsible for maintaining those
containers. Contractors are required to certify with the City where they are disposing their refuse in the City. The City
has to file an annual report with the Department of Community Affairs on the amount of the landfill and recyclable
waste. In addition, the City wants to make sure those sites are EPA permitted. This ordinance does call for a contract
and a rental fee of 5% on the gross receipts. That revenue is dedicated to infrastructure maintenance. We have chosen
to allow an open and competitive market for solid waste collection. We have to recoup the expense of allowing this
competitive market and the revenue source allows this. Each hauler is required to provide insurance coverage with the
City of Milton as a co-insurer on the insurance policy and the effective date is December 1, 2006.
There was a meeting with haulers earlier this week and they were provided a copy of the ordinance and a mailing
pamphlet to put in their bill to inform their customers about this ordinance. He has had two phone calls. One was in
reference to the City requiring glass to be recycled. The City is under a mandate by the State to reduce their solid waste
landfill contributions by 25% each year. It is easy to do this through glass because of its weight. The other concern is
the effective date of December 1.
Councilmember Zahner Bailer asked about Section 6.6 under Regulation of Containers. She reiterated that this should
be addressed so that it does not legally put a citizen at risk. Because of the rural nature of the roads outside of a
subdivision, there could be an instance of where a garbage container has to literally be in the right -of- way in order for
..•. the equipment to be able to pick up that trash. She wants to make sure the Council does not legislate something that is
going to cause someone to be illegal with the placement of their trash can.
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City Manager Bovos stated the challenge with that is if we allow containers in the right-of-way, then we technically
allow for obstruction of sight and distance in those particular right-of-ways. The preference would be to leave this in the
ordinance. In the event that the City did receive complaints, we could address each complaint individually through the
Special Called Meeting of the Milton City Council
Tuesday, November 21, 2006 at 4:30 PM
Page 12 of 35
OPM Code Enforcement team. He does not want to pull it out the ordinance and have the risk and liability associated with
any particular can that is in the right-of-way.
Councilmember Zahner Bailey stated she just wanted to address this issue.
City Attorney Scott stated that the key would be effective enforcement and not over enforcement.
Councilmember Thurman asked how many haulers attended the meeting earlier this week.
City Manager Bovos stated that twelve haulers attended the meeting. More than twelve have been identified in the City
and they all were sent letters and copies of the ordinance. One particular hauler in the City has the vast majority of the
market share.
Councilmember Thurman asked if there was any information available to residents whose hauler chooses not to
continue hauling within the City and need to find another licensed hauler.
City Manager Bovos stated that the haulers will submit an application with the City to become a qualified hauler based
on this ordinance. There is an internal checklist as well as a checklist that they have to complete. Once this is done and
insurance requirements, billing and customer service phone numbers are verified, the City then adds a whole new
section to the website of approved solid waste haulers. In addition, during the re -licensing of businesses, we ask for
disclosure of their solid waste provider to be sure we are maintaining those providers within the City. We do not have a
mechanism to do this for residential customers. We will also publish a list of approved haulers for the Code
Enforcement officers and Police Department.
Councilmember Zahner Bailey stated they have had discussions with Keep North Fulton Beautiful. She would like
the Council to encourage more of those discussions so they can look into enhancing the recycling program for this area.
City Clerk Marchiafava asked if there were any public comments on this item.
Mark Harrington stated that he moved from Charlotte and they had an aggressive recycling program. He stated that he
was disappointed in the limitation of a recycling program here in the area. He is currently happy the City has added the
ordinance along with the glass inclusion. He wanted to know the effective date for this ordinance so the customers will
know when they can put the glass out. Secondly, he wanted to know what the Council thought about cardboard.
Currently, he takes glass and cardboard to the Roswell recycling center. Lastly, he asked if there would there be a limit
on the number of refuse bags one is able to put out.
City Manager Bovos stated the City is not regulating how haulers do specific business for residents. The ordinance just
provides the overall concept. As of December 1, they are required to have a recycling program. The resident contacts
the hauler and asks to participate in the recycling program and the hauler provides that service. The ordinance does
include glass and cardboard among the recyclables that the haulers have to offer. The limit on the number of refuse
bags would be between the resident and the hauler. Traditionally, they encourage haulers to provide graduated scales.
There are people who live in subdivisions with smaller needs and people who live on large lots with larger needs. If
there are challenges from the hauler, please contact the City office.
There was no other public comment.
�.•, Motion and Vote: Councilmember D'Aversa-Williams moved to approve the Ordinance to require a nonexclusive Solid
Waste Contract to operate in the City of Milton, Georgia. Councilmember Thurman seconded the motion. There was no
Council discussion. The motion passed unanimously.
Approval of an Ordinance Adopting the Financial Management Program. (Second Reading)
Ordinance 06-11-05
Special Called Meeting of the Milton City Council
Tuesday, November 21, 2006 at 4:30 PM
Page 13 of 35
m" City Manager Bovos stated that he did not have any changes to make to this particular policy and would answer any
questions member of the Council may have. He reiterated what City Treasurer Wolfe said earlier about allotment of
low Council's appropriation of expenditures. In the fiscal year budget of 2007, the Mayor has $3,000 and each of the
Councilmembers will have $2,000. In the elected official policy, it outlines how you can expend those monies. He has
received a few calls about this. It can be used for cell phone reimbursement, office supplies, or however you choose to
with respect to conducting official City business.
City Clerk Marchiafava asked if there were any public comments on this item. There was no public comment.
Motion and Vote: Councilmember Mohrig moved to approve the Ordinance adopting the Financial Management
Program. Councilmember D'Aversa-Williams seconded the motion. There was no Council discussion. The
motion passed unanimously.
Approval of an Ordinance to adopt procedures consistent with the Zoning Procedures Acts of the State of
Georgia as amended. (Second Reading)
Ordinance 06-11-06
Acting Community Development Director Tom Wilson stated that this ordinance provides zoning procedures
consistent with the Georgia Zoning Procedures Act. There is no reasonable alternative to this if the City will exercise
their zoning powers. It provides standards for advertisements of zoning actions. He recommended approval of this
ordinance.
City Clerk Marchiafava asked if there were any public comments on this item. There were no public comments.
Motion and Vote: Councilmember Thurman moved to approve the Ordinance to adopt procedures consistent with the
Zoning Procedures Acts of the State of Georgia as amended. Councilmember Zahner Bailey seconded the motion.
There was no Council discussion. The motion passed unanimously.
Approval of an Ordinance to Adopt and Approve Chapter 1, General Provisions and providing for inclusion and
identification in the future developed Code of Ordinances for the City of Milton, Georgia.
(Second Reading)
Ordinance 06-11-07
City Manager Bovos stated that the ordinance does four things: (1) it establishes the code itself; (2) it walks through
general definitions to be used throughout the code; (3) it talks about general violations and provides overall authority for
the Council to enforce the codes in the event specific violations are not outlined within the chapters; and (4)
miscellaneous provisions. The codification process will occur during fiscal year 2008. Basically, this process is the
accumulation of all the ordinances into one comprehensive document that is put onto the website.
City Clerk Marchiafava asked if there were any public comments on this item. There was no public comment.
Motion and Vote: Councilmember Thurman moved to approve the Ordinance to adopt and approve Chapter 1, General
Provisions and providing for inclusion and identification in the future developed Code of Ordinances for the City of
Milton, Georgia. Councilmember Mohrig seconded the motion. There was no Council discussion. The motion passed
unanimously.
Approval of an Ordinance to Adopt and Approve Chapter 2, Administration, and providing for inclusion and
ON" identification in the future developed Code of Ordinances for the City of Milton, Georgia. (Second Reading)
Ordinance 06-11-08
City Manager Bovos stated that general provisions include specifics about meetings, meeting times, special called
meetings as well as compliance with state law. This chapter does call for the definition and adoption of a personnel
manual that includes job descriptions and benefits for City employees. It does have some default language for creation
Special Called Meeting of the Milton City Council
Tuesday, November 21, 2006 at 4:30 PM
Page 14 of 35
of City advisory boards, commissions, and authorities. It also creates the city departments. There are no changes to this
chapter from the original discussion.
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City Clerk Marchiafava asked if there were any public comments on this item. There was no public comment.
Motion and Vote: Councilmember Mohrig moved to approve the Ordinance to adopt and approve Chapter 2,
Administration, and providing for inclusion and identification in the future developed Code of Ordinances for the City of
Milton, Georgia. Councilmember D'Aversa-Williams seconded the motion. There was no Council discussion. The
motion passed unanimously.
Approval of an Ordinance to Adopt and Approve Chapter 3, Elections, and providing for inclusion and
identification in the future developed Code of Ordinances for the City of Milton, Georgia. (Second Reading)
Ordinance No. 06-11-09
City Clerk Marchiafava stated that this ordinance provides for compliance with Georgia state law under the Georgia
Election Code. The general election and special election shall be held according to the City Charter in Article 2 of the
government structure. The City of Milton shall coordinate all elections with the Fulton County Board of Elections. It
also covers candidate qualifications such as notice of candidacy and meeting all requirements. It includes that the City
contracts for the use of the county voter registration list of eligible voters. It covers voting records and documents being
made readily available in accordance with Georgia law. There have been no changes since the interactive session.
Councilmember Zahner Bailey asked that with the given runoff, how this reconciled with the timing of the runoff and
is there anything the Council is required to do.
City Manager Bovos stated that House Bill 1470 outlined the first election of the Mayor and Council.
I*--
Councilmember Zahner Bailey stated that this was for future elections and not the current runoff.
City Manager Bovos stated that was correct. Also, he would bring back at a later time for discussion the facilitation
and maintenance of absentee ballots.
Councilmember Zabner Bailey stated that there were over 1,200 people who received misinformation about where
they were to be voting. With the adoption of this ordinance, does the City take over that requirement or does that remain
with Fulton County.
City Manager Bovos stated that was out the City's jurisdiction. Fulton County Board of Election is able to manage the
jurisdictions and voting districts in which they assign residents. The future goal is to be able to provide input on the
jurisdictions in the next election.
Councilmember Mohrig stated that there should be some public education to the citizens. There was some confusion.
Some people waited forth -five minutes to vote. Instead of being given a provisional, they were turned away and sent to
another place to vote. This is something the staff needs to cover with Fulton County in the near future since a vote will
be coming up in March for SPLOST.
Councilmember Zahner Bailey stated there are still people concerned about where they should go. She stated she
would like for information to be put on the website that list the previous precincts and a reconciled list with the new
W. precincts.
City Clerk Marchiafava asked if there were any public comments on this item. There was no public comment.
Now
Motion and Vote: Councilmember Zahner Bailey moved to approve the Ordinance to adopt and approve Chapter 3,
Elections, and providing for inclusion and identification in the future developed Code of Ordinances for the City of
Special Called Meeting of the Milton City Council
Tuesday, November 21, 2006 at 4:30 PM
Page 15 of 35
.•. Milton, Georgia. Councilmember D'Aversa- Williams seconded the motion. There was no further Council
discussion. The motion passed unanimously.
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Approval of an Ordinance to Adopt and Approve Chapter 4, Municipal Court, and providing for inclusion and
identification in the future developed Code of Ordinances for the City of Milton, Georgia. (Second Reading)
Ordinance 06-11-10
City Clerk Marchiafava stated that the Article 1 general provisions included six sections and is in accordance with
Article 5 Judicial Branch Section 5.10 creating a Municipal Court. Section 5.11 outlines the provisions for Municipal
Court judges. This article provides for additional personnel such as the Clerk of Court, execution of warrants and other
writs and furtherance of the court jurisdiction and orders. Article 2 covers the Municipal Court judges. They shall adopt
rules and procedures which must be approved by the Mayor and City Council and shall not be inconsistent with the laws
of Georgia and the Constitution of the United States. Article 3 covers bail and bond considerations. They must be
consistent with Article 5 with the Charter and the laws of the State of Georgia. Court procedures are also covered in this
chapter. There have been no changes to this ordinance since the interactive session.
City Clerk Marchiafava asked if there were any public comments on this item. There was no public comment.
Councilmember Zahner Bailey stated the new municipal court will be located in the new office complex on Deerfield
Parkway and the facilities will be available in January.
Motion and Vote: Councilmember Mohrig moved to approve the Ordinance to adopt and approve Chapter 4, Municipal
Court, and providing for inclusion and identification in the future developed Code of Ordinances for the City of
• Milton, Georgia. Councilmember D'Aversa-Williams seconded the motion. There was no Council discussion. The
motion passed unanimously.
Approval of an Ordinance to Adopt and Approve Chapter 5, Animal Control, and providing for inclusion and
identification in the future developed Code of Ordinances for the City of Milton, Georgia. (Second Reading)
Ordinance 06-11-11
City Manager Bovos stated that this particular ordinance establishes the laws in which the City of Milton can enforce
animal control within the City. We are contracting animal control services through Fulton County. This ordinance
outlines definitions, requires rabies control for dogs and cats, outlines vicious and potentially dangerous animals and
how they are handled. It also outlines the licensing and identification of dogs and cats within the City. We are currently
working through House Bill 489 with Fulton County to determine if this bill allows Fulton County to maintain and
collect licensing revenue for animals, specifically dogs and cats. It is the staff's determination so far that the bill does
not address that. This ordinance establishes the ability for Fulton County to maintain and to control animals.
City Clerk Marchiafava asked if there were any public comments on this item. There was no public comment.
Motion and Vote: Councilmember Thurman moved to approve the Ordinance to adopt and approve Chapter 5, Animal
Control, and providing for inclusion and identification in the future developed Code of Ordinances for the City of
Milton, Georgia. Councilmember D'Aversa-Williams seconded the motion. There was no Council discussion. The
motion passed unanimously.
Approval of an Ordinance to Adopt and Approve Chapter 6, Code of Ethics, and providing for inclusion and
No" identification in the future developed Code of Ordinances for the City of Milton, Georgia. (Second Reading)
Ordinance 06-11-12
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City Manager Bovos highlighted different areas of this ordinance. The Declaration of Policy establishes that this
ordinance applies to any public official, which includes the Mayor and Council along with City staff. The purpose is to
establish and maintain minimum standards of ethics and how the City conducts business. It allows the identification and
Special Called Meeting of the Milton City Council
Tuesday, November 21, 2006 at 4:30 PM
Page 16 of 35
"W resolution of issues and establishes penalties for those who violate the Code of Ethics. Confidentiality is important,
especially from the staff and Council perspectives. In the case of an investigation, everyone is obligated to respond fully
fto and truthfully. Conflicts of interest and personal benefits are prohibited in any way. If there is a conflict of interest, the
Mayor or Councilmember must state what the conflict is, why, and is then required to leave the room. Staff is not
allowed to accept unauthorized outside employment that would conflict with City business. This ordinance does
establish a Board of Ethics, a third -party outside committee, to review any ethical complaints.
City Clerk Marchiafava asked if there were any public comments on this item. There was no public comment.
Motion and Vote: Councilmember D'Aversa-Williams moved to approve the Ordinance to adopt and approve Chapter
6, Code of Ethics, and providing for inclusion and identification in the future developed Code of Ordinances for the City
of Milton, Georgia. Councilmember Zahner Bailey seconded the motion. There was no Council discussion. The motion
passed unanimously.
Approval of an Ordinance to Adopt and Approve Chapter 7, Alcoholic Beverages, and providing for inclusion
and identification in the future developed Code of Ordinances for the City of Milton, Georgia. (Second Reading)
Ordinance 06-11-13
City Treasurer Wolfe stated there have been no changes since the last discussion at the interactive session. The
ordinance allows the regulation of alcohol in the City including licensing of businesses that serve alcohol beverages, the
regulation and sale of malt beverage, wine and distilled spirits sold by the drink and by the package, as well as excise
taxation. Staff is prepared to accept applications for new and renewal licenses on December 1. To date, the City has re -
licensed about 80% of alcohol beverages licenses.
Councilmember D'Aversa-Williams asked if they had to renew their licenses with the City.
City Treasurer Wolfe stated that this is an annual license. It expires on December 31 of each year. They have to apply
for another license by November 15 and undergo a background check.
Councilmember D'Aversa-Williams asked if the staff reached out to all those businesses and made them aware of this.
City Treasurer Wolfe stated that the staff put together a re -licensing packet and personally went to the businesses and
introduced themselves.
City Clerk Marchiafava asked if there were any public comments on this item. There was no public comment.
Motion and Vote: Councilmember D'Aversa-Williams moved to approve the Ordinance to adopt and approve Chapter
7, Alcoholic Beverages, and providing for inclusion and identification in the future developed Code of Ordinances for
the City of Milton, Georgia. Councilmember Thurman seconded the motion. There was no Council discussion. The
motion passed unanimously.
Approval of an Ordinance to Adopt and Approve Chapter 10, Taxation, and providing for inclusion and
identification in the future developed Code of Ordinances for the City of Milton, Georgia. (Second Reading)
Ordinance 06-11-14
City Treasurer Wolfe stated that the three areas of taxation are outlined in the chapter. The first is real and personal
.we property. Property evaluation and assessment remains the responsibility of Fulton County. The City Council will adopt
the assessment and evaluation provided by the County each year during the annual budget process. Ad valorem taxes
are due between September 1 and October 31 of each year to the City of Milton.
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The second area addressed is hotel/motel occupancy tax. The City will impose and collect a 3% excise tax on the rent
for occupancy of all guest rooms. The one hotel within the City already has the paperwork to complete so the City can
begin collecting the tax.
Special Called Meeting of the Milton City Council
Tuesday, November 21, 2006 at 4:30 PM
Page 17 of 35
The third area is rental motor vehicle excise tax. The City can also impose and collect a 3% excise tax on the rental of
m motor vehicles in the City. The revenue received from this is specifically for the use of Public Safety facilities such as
sidewalks and traffic lights. If the City does collect this tax, an account will be provided for the funds.
Councilmember Mohrig asked if there is anyone who qualifies now for the collection of rental motor vehicles tax.
City Treasurer Wolfe stated there is no one at the present, but we are ready to collect when this occurs in the future.
City Clerk Marchiafava asked if there were any public comments on this item. There was no public comment.
Motion and Vote: Councilmember Zahner Bailey moved to approve the Ordinance to adopt and approve Chapter 10,
Taxation, and providing for inclusion and identification in the future developed Code of Ordinances for the City of
Milton, Georgia. Councilmember D'Aversa-Williams seconded the motion. There was no Council discussion.
The motion passed unanimously.
Approval of an Ordinance to Adopt and Approve Chapter 11, Business Regulations, and providing for inclusion
and identification in the future developed Code of Ordinances for the City of Milton, Georgia. (Second Reading)
Ordinance 06-11-15
City Treasurer Wolfe stated that the regulation of business occupation includes the levying of a tax on persons,
partnerships, corporations and other entities engaging in business within the City of Milton. All businesses are required
to make an application. Upon approval of the application, they will be issued an Occupational Tax Certificate which
,...does expire at the end of each year. They will be re -licensed every year similar to alcohol beverages licenses with the
sxception of the businesses having until January 31 to apply for another Occupational Tax Certificate. The tax is based
....en gross receipts. There are provisions for home based businesses as well as professional practitioners to pay a flat rate
instead of gross receipts.
Councilmember Zahner Bailey asked how the staff will communicate the December 31 date as well as the re -licensing
until January 31.
City Treasurer Wolfe stated they put together a packet that went to every business identified in the City and explained
the process to them.
City Clerk Marchiafava asked if there were any public comments on this item. There was no public comment.
Motion and Vote: Councilmember Mohrig moved to approve the Ordinance to adopt and approve Chapter 11, Business
Regulations, and providing for inclusion and identification in the future developed Code of Ordinances for the City of
Milton, Georgia. Councilmember Thurman seconded the motion. There was no Council discussion. The motion
passed unanimously.
Approval of an Ordinance to Adopt and Approve Chapter 12, Offenses and Violations, and providing for
inclusion and identification in the future developed Code of Ordinances for the City of Milton, Georgia.
(Second Reading) Ordinance 06-11-16
City Attorney Scott stated that this ordinance is the local criminal code and it regulates the following: disorderly
conduct, offenses against public morals, alcohol related offenses, vandalism, graffiti, urban camping, loitering, false
'narms, public nuisances, animal cruelty and related offenses, air pollution, open burning and other related offenses.
>ne change that has occurred since the last discussion was that an obscenity provision was added. The reason for that is
ft1he Georgia state statute on obscenity was struck down by a Georgia Court last year and there is no such statute in effect
at the moment. The state legislature will enact that shortly after they go into session next year. This also takes care of
the constitution objections that were found in the Georgia state statute.
Special Called Meeting of the Milton City Council
Tuesday, November 21, 2006 at 4:30 PM
Page 18 of 35
"" City Clerk Marchiafava asked if there were any public comments on this item.
+ Paul Moore, 15290 White Columns Drive, Alpharetta, asked about agricultural burning and the cleaning and
removing of natural substances such as trees.
City Attorney Scott stated that was dealt with during an earlier draft of the ordinance and open burning was allowed in
an agricultural zone.
Paul Moore also asked about permit violations for demolitions.
Acting Community Development Director Tom Wilson stated that there is a provision for failure to obtain a permit.
There will be a penalty that is 50% of a permit fee. Code Enforcement officers will pursue anyone who performs such
activities without proper permitting.
Councilmember Zahner Bailey asked what is the cost was for a demolition permit.
Acting Community Development Director Tom Wilson stated that it is between $700 and $1,000 and depends on
how large the property is.
Councilmember Zahner Bailey stated that based on that fee, the penalty of 50% is not much. She would like to bring
that back up later this evening as a separate item for discussion.
City Clerk Marchiafava asked if there were any more public comments on this item. There was no other public
�-*• comment.
Motion and Vote: Councilmember Thurman moved to approve the ordinance to adopt and approve Chapter 12,
Offenses and Violations, and providing for inclusion and identification in the future developed Code of Ordinances for
the City of Milton, Georgia. Councilmember Mohrig seconded the motion. There was no Council discussion. The
motion passed unanimously.
Councilmember Zahner Bailey stated she had a few more points of discussion. She stated that the Council should be
cautioned not to become too urban too quick. Some things caught her attention as she read this ordinance such as
regulating spitting on sidewalks. She understood the reason for it so that no harm came to public assets, but she did not
know if our citizens were ready to regulate things such as spitting.
In regards to open burning, this ordinance did say it was allowable within agricultural land. Any burning should be done
according to the requirements of safety.
She wanted to bring attention to the passage about sidewalks. It prohibited bicyclists and/or skateboards on sidewalks.
She stated that one passage said you could not ride a bicycle or skateboard on the sidewalk, but another passage said to
do it safely. The wording needed to be reconciled. Right now, she did not think one should be prohibited from riding
bicycles and skateboards on the sidewalk.
City Attorney Scott stated that the general rule under state statute is that bicycles are not to be used on the sidewalks.
He thinks that is an enforcement issue.
Councilmember Zahner Bailey asked if anything would preclude them from leaving this out of the ordinance.
City Attorney Scott stated that nothing would preclude them from leaving it out, but it is the state law anyway. So it is
a question of whether the City will enforce it or not.
Councilmember Zahner Bailey asked if using selective enforcement would open up legal ramifications against the
City.
Special Called Meeting of the Milton City Council
Tuesday, November 21, 2006 at 4:30 PM
Page 19 of 35
City Attorney Scott stated that the City could indeed open itself up to a problem if it was involved with selective
two prosecution, but it is a matter of using it correctly and not just going after everyone who is riding a bike on the sidewalk.
Councilmember Zahner Bailey asked if a friendly amendment was to be made and not include that at this time, could
this be added back in if the need arises in the future.
City Attorney Scott stated that from the point of order, he is not sure if a friendly amendment can be made.
Councilmember D'Aversa-Williams asked how the City selectively decides who violates the rule of spitting on
sidewalks. Plus, the ordinance cites several items and the City is enforcing some and not the others.
City Manager Bovos stated that this should be left in the ordinance and responded to as complaints occur. In the event
the City was to receive a complaint about a specific location where a group of people were loitering and spitting on the
sidewalk, we could address that specific issue. Through that particular mechanism, it is not selective enforcement. It is
complaint driven enforcement.
Councilmember D'Aversa-Williams asked if we would be liable for not doing that enforcement.
City Manager Bovos stated the purpose of this ordinance is to promote public safety and health and well being of the
constituents.
Mayor Lockwood stated that on the flipside he would be concerned if it was not included and something happened that
would make the City open to more liability because it was not in the ordinance.
►mss«. Councilmember Zahner Bailey asked about public drinking. There are event driven occasions in which people may
have a bottle of wine. It could be perceived that one is drinking in public.
City Attorney Scott responded to that with an alternative and would like it read into the record of how that would be
handled. That could be dealt with through the permitting of an event.
Councilmember Zahner Bailey asked about the $25 alarm registration processing fee. This is a new registration fee
that a majority of the community is not yet aware of.
City Manager Bovos stated that if one has an alarm in a commercial or residential structure that is not monitored, then
this section of the ordinance does not apply. This is only for alarm systems monitored through a call center that invoke a
911 response. This reason for enacting this section is because of false alarms. In addition to the $25 fee, the City
charges for false alarms because of the discharge of public resources to this false alarm. The registration fee allows the
City to make sure that every alarm that is monitored can be adequately billed for false alarms that occur. The City has
contacted the monitoring companies directly, not each individual resident or property owner, and through the monitoring
companies will initiate the $25 alarm registration fee.
City Treasurer Wolfe stated that the staff has communicated with the alarm companies recommending that they contact
their current customers notifying them of the registration as well as requiring them to inform all new customers of the
registration. Information is also placed on the website regarding this fee.
�.•. Councilmember Zahner Bailey stated that under nuisances, there is a reference to abandoned buildings. We do not
want to inadvertently encourage demolition through this nuisance that talks about abandoned buildings. Given the fact
that the community has experienced a multitude of demolitions over the past few weeks, some of which had no permits,
she wants to make sure that this component of the nuisance ordinance distinguishes between an abandoned building that
is non -historical and a historical building which sometimes represent an abandoned building. We must be very cautious
on the permitting side and not promote demolition of buildings that we would really like to see preserved.
Special Called Meeting of the Milton City Council
Tuesday, November 21, 2006 at 4:30 PM
Page 20 of 35
City Manager Bovos stated that in the motion language can be added that will clarify demolition concerning historical
and non -historical abandoned buildings.
Councilmember Zabner Bailey referenced Article 6 discussing schools and access to schools. Her concern is the
timing. No one is allowed before 7:30 AM. She would like to amend the time to 7:00 AM or 6:45 AM or at least to 15
minutes before the school actually opens. The same goes for the hours at the end of the day. She also talked about the
restriction that precludes anyone from collecting monies next to a motor vehicle. Sometimes the firefighters are
collecting funds in the boots or a Shriner on the corner. There may be a way to address this through permitting.
Councilmember Thurman asked if it is not precluded, does the City have a liability if someone gets hit while
collecting money.
City Attorney Scott stated that it is more along the lines of enforcement. We may want to deal with this in terms of
permitting. Not so much as a fee, but making sure they are educated on safety and perhaps training as a requirement for
the permit.
Councilmember Mohrig stated that the officers would also be aware of anyone that applied for a permit. We can give
permission that for a certain time at an intersection the organization can be out collecting.
City Attorney Scott stated there is a provision in the ordinance for roadside vendors which would apply to many of
these situations. There is an administration fee, a review of the activities taking place, and education on safety.
City Manager Bovos stated that this language could remain in the ordinance, but adjust it in January or February should
. there be a better solution.
4, - A Councilmember Thurman asked would we amend the ordinance to allow camping in specific areas of the parks.
City Manager Bovos stated the word "permanent" was in the passage. Meaning, if one was making permanent
residence through urban camping, it was prohibited.
Councilmember Zahner Bailey referenced the prohibition of moving household goods at night. She understands that
is intended to minimize crime and help with enforcement; however, she does not want to prohibit people who work
during the day and have to move household goods at night.
Councilmember Mohrig stated that he read it as one has to obtain a permit from the police chief. He also wanted to
know if this permit has a fee associated with it.
City Attorney Scott stated that it does not have a fee.
Motion: Councilmember Zahner Bailey moved to add a Friendly Amendment to the above motion to approve the
Ordinance to adopt and approve Chapter 12, Offenses and Violations, and providing for inclusion and identification in
the future developed Code of Ordinances for the City of Milton, Georgia:
1. Distinguish the reference to uninhabited facilities or abandoned buildings and that we are very sure that
we are not encouraging the demolition of historical structures and instead that it is intended to be a
safety issue and it is not intended to encourage demolition of historic structures.
2. Reference to schools in Article 6 we would want to amend that to remove specific hours and instead
make reference to flexibility of hours that are according to the school or facility hours on a case-by-case
basis.
Second and Vote: Councilmember D'Aversa-Williams seconded the motion. There was no Council discussion. The
low motion passed unanimously.
NEW BUSINESS
Special Called Meeting of the Milton City Council
Tuesday, November 21, 2006 at 4:30 PM
Page 21 of 35
own
Approval of a Resolution Establishing a 911 Charge on Wired and Wireless Telephone Communications within
the City of Milton.
'r""" Resolution No. 06-11-11
City Treasurer Wolfe stated that this resolution accompanies the public hearing that was held at the beginning of the
meeting establishing the wired and wireless fee at $1.50 each.
City Clerk Marchiafava asked if there were any questions. There were no questions.
Motion and Vote: Councilmember Thurman moved to approve the Resolution Establishing a 911 Charge on Wired and
Wireless Telephone Communications within the City of Milton. Councilmember Mohrig seconded the motion. There
was no Council discussion. The motion passed unanimously.
Approval of a Resolution "GA Fund 1 Account" as a depository for certain tax revenues, grants, loans and
investments services for the City of Milton, Georgia.
Resolution No. 06-11-12
City Treasurer Wolfe stated the resolution authorizes the deposit of funds for investment purposes into the Georgia
Fund 1 State Investment pool. There have been no changes to the resolution. The City's financial policy calls for an
investment of idle cash in a manner designed to maximize our interest revenue and maintain safety and liquidity of cash
assets. This is a public sector mutual fund created to allow local governments to consolidate and invest their funds.
There are alternatives to using the GA Fund 1. One is a broker-dealer program designed and managed by City staff.
This is a viable option that would require significant staff time that at this point would not be an efficient way to manage
'^^ our investment. Option two is a broker-dealer relationship whereby the investments are managed by a third party, which
is a bank. This is a viable option, but staff feels that it is costly due to the third party management of the program.
City Clerk Marchiafava asked if there were any questions. There were no questions.
Motion and Vote: Councilmember Mohrig moved to approve the Resolution "GA Fund 1 Account" as a depository for
certain tax revenues, grants, loans and investments services for the City of Milton, Georgia. Councilmember D'Aversa-
Williams seconded the motion. There was no Council discussion. The motion passed unanimously.
Approval of a Resolution to Adopt the City of Milton Focus Fulton 2025 Plan and Associated Maps to be known
as the Milton Comprehensive Plan.
Resolution No. 06-11-13
Acting Community Development Director Tom Wilson stated that the plan is the Fulton County Focus 2025 Plan
without edits. It is the complete plan with the associated land use map. Adoption of this plan will provide all protection
and guidance to the new City that is currently provided by the Fulton County plan. This comprehensive plan will also be
known as the City of Milton Comprehensive Plan. In the near future, staff will provide a red -lined edited version of this
document eliminating irrelevant portions of this plan which do not pertain to the City of Milton. Staff would like to
review with Council the edits and deletions that does not apply to the City before adopting an abbreviated plan.
Councilmember Thurman asked if the City was adopting the plan as is for now and will make changes as needed in
the future.
.. Acting Community Development Director Wilson stated that is correct.
Councilmember Zahner Bailey asked Mr. Wilson to clarify that the plan not only includes policies and goals of the
am comprehensive land use plan of 2025, but it also includes the land map in all the subsequent categories. Additionally, it
includes designation of specific park land as park land.
Acting Community Development Director Wilson stated that is correct.
Special Called Meeting of the Milton City Council
Tuesday, November 21, 2006 at 4:30 PM
Page 22 of 35
Councilmember Mohrig stated that some annexations will be performed and asked if the plan would automatically
adopt those areas.
Acting Community Development Director Wilson stated that the areas will be adopted as the property is annexed.
Councilmember Zahner Bailey stated that she wanted to make sure that since the plan includes overlays, that what we
adopt tonight includes the Birmingham Master Plan, the Crabapple Master Plan, the Northwest Fulton overlay, the
Highway 9 overlay, the Rural Preservation Plan, and any other such documents that are a part of that 2025 plan.
Acting Development Director Wilson stated that is correct and he wants to make sure that no part is eliminated that is
valuable to the Council.
Councilmember Thurman asked about the timeline for adopting our own comprehensive plan.
Acting Community Development Director Wilson stated he has already prepared a document with edits and will make
time with the staff and Council in the near future to go over the edits making sure nothing important has been
eliminated.
Councilmember Thurman asked would there be any input from the community at any time.
Acting Community Development Director Wilson stated that no input would be received from the community.
--- City Manager Bovos asked when the Council will have to adopt a whole new City of Milton Comprehensive Plan.
Acting Community Development Director Wilson stated that a brand new plan is required by 2011. This can be done
earlier, but is not required until all cities in Fulton County do it concurrently in 2011.
Councilmember Mohrig asked if the edits bring it down to the borders of Milton for those specific areas and no rules
or guidelines that are put in place will be changed.
Acting Community Development Director Wilson stated that is correct.
Councilmember Thurman asked if there were any citizens who wanted to give their input on this, was there a forum
for them or do the citizens contact the Council or Mayor directly.
Acting Community Development Director Wilson stated there will be a public hearing before adopting a plan. This
would be the opportunity to voice any questions and concerns about the plan.
Councilmember Zahner Bailey stated that the edits would carve out South Fulton, Sandy Springs, and any land area
not contemplated for the City of Milton as of December 1.
Acting Community Development Director Wilson stated that is correct.
City Clerk Marchiafava asked if there were any other questions. There were not other questions.
Motion and Vote: Councilmember Thurman moved to approve the Resolution to Adopt the City of Milton Focus
Fulton 2025 Plan and Associated Maps to be known as the Milton Comprehensive Plan. Councilmember D'Aversa-
u� Williams seconded the motion. There was no Council discussion. The motion passed unanimously.
Approval of a Resolution Adopting the City of Milton City Council Meeting Schedule, Zoning Modification
Schedule, Zoning and Use Permit Schedule, and Board of Zoning Appeals Schedule.
Resolution No. 06-11-14
Special Called Meeting of the Milton City Council
Tuesday, November 21, 2006 at 4:30 PM
Page 23 of 35
Acting Community Development Director Tom Wilson stated that the Zoning and Use Permit Schedule is a two
" month schedule from time of filing until it becomes an action item. The Board of Zoning Appeals schedule is a six
week cycle. The
Zoning Modification Schedule was a one month cycle, but has been changed to a two month cycle for any modifications
to come before the Council.
City Manager Bovos stated that in respect to the Council schedule, the only deviation from the first and third Thursdays
is in January. The first Thursday in January is the 4t' and school is still out that week. The meeting has been moved to
January 11 `h.
Councilmember Mohrig stated that in the proposal it also has the planning meetings scheduled. He wanted to know if
it would still be a part of the Council process.
Acting Community Development Director Wilson stated there would be a community information meeting and a
planning meeting in the middle of all the zoning agenda items. It is consistent with the current practice of Fulton
County.
Councilmember Zahner Bailey stated that most Council meetings will be on Thursdays, but asked for information on
the nights of the Planning Commission meetings. .
Acting Community Development Director Wilson stated that the application deadline is always by the first Tuesday
of the month. He did not have a calendar in front of him that that time to name the exact day for the Planning
Commission, but will provide that information after the meeting.
Councilmember Thurman stated the community information meetings will be on a Wednesday. The Planning
Commission meetings will be on a Tuesday.
Councilmember Mohrig asked if these dates would be posted on the website for the public.
Acting Community Development Director Wilson stated that all schedules will go immediately to the website.
City Manager Bovos stated that we are working on an interactive calendar on the website where you can pull up the
month and specific days. Eventually, you will be able to click on that day and see a specific agenda with full details of
the items.
Councilmember Zahner Bailey asked about the start time for these meetings.
Acting Community Development Director Wilson stated that the meetings will start at 7 PM. Also, staff will be
bringing to the Council within the next few weeks a list of the boards and commissions with recommendations for
qualifications and rules of order. It is anticipated that the Zoning Board of Appeals and Planning Commission will be
set up in mid to late January.
Councilmember Mobrig asked if signs will be posted and notices sent to nearby residents if someone is rezoning their
property.
... Acting Community Development Director Wilson stated that is a Georgia zoning procedure act and will be followed.
am Councilmember Zahner Bailey asked if the Council would have the opportunity to expand on that rather than have to
only notify the residents who are within 300 feet of the property under an application for rezoning. She asked if the
Council require some additional notification to the community.
Special Called Meeting of the Milton City Council
Tuesday, November 21, 2006 at 4:30 PM
Page 24 of 35
w..
Acting Community Development Director Wilson stated the Council could do so as long as it is greater than 300 feet.
If the Council would like to make that change, our procedures consistent with the state Zoning Procedures Act needs to
be readopted.
City Clerk Marchiafava asked if there were any other questions. There were no other questions.
Motion and Vote: Councilmember Mohrig moved to approve the Resolution Adopting the City of Milton City Council
Meeting Schedule, Zoning Modification Schedule, Zoning and Use Permit Schedule, and Board of Zoning Appeals
Schedule. Councilmember Zahner Bailey seconded the motion. There was no Council discussion. The motion passed
unanimously.
Approval of a Resolution Establishing the 9-1-1 Advisory Board for the City of Milton, Georgia.
Resolution No. 06-11-15
City Manager Bovos stated that according to O.C.G.A. § 46-5-1-36, the City is required to establish a 911 Board. The
purpose of the board is to allow for input and comment with respect to how 911 operations are currently responding to
911 calls. The resolution allows the City to establish the committee, but it assigns the committee to Fulton County
through the potential intergovernmental agreement that will be considered at the end of this meeting. The goal is to use
the existing Fulton County 911 committee. They have agreed to this and will allow one of the positions on the
committee to be a City of Milton official, which more than likely will be the Public Safety Director. This resolution is
being created to comply with state law, but assigns the committee through the existing committee that is currently
serving Fulton County 911 center.
Councilmember Zahner Bailey asked if the Public Safety Director felt that one position on that committee was
sufficient.
City Manager Bovos stated that he has not asked the Director this question. Fulton County was willing to give Milton
one person. In the event that more people are desired, then the City of Milton will have to create a new board
Public Safety Director Chris Lagerbloom stated that one position on the board was sufficient.
Councilmember Mohrig stated that if the City of Milton was having performance concerns about responses, then
through the Public Safety Director, they could voice complaints.
City Manager Bovos stated there are performance measures built into the intergovernmental agreement. We are
requiring reports and performance standards in the reports.
City Clerk Marchiafava asked if there were any other questions. There were no other questions.
Motion and Vote: Councilmember Mohrig moved to approve the Resolution Establishing the 9-1-1 Advisory Board for
the City of Milton, Georgia. Councilmember Thurman seconded the motion. There was no Council discussion. The
motion passed unanimously.
Approval of a Resolution to authorize membership in the Georgia Municipal Association workers' compensation
self-insurance fund.
Resolution No. 06-11-16
City Treasurer Wolfe stated that this resolution, along with the next two resolutions, is in support of the City's benefit
rr program. This resolution is simply authorizing membership in the Georgia Municipal Association Workers'
Compensation Self -Insurance Fund. This authorizes the City to do business with GMA as our provider.
City Clerk Marchiafava asked if there were any questions. There were no questions.
Special Called Meeting of the Milton City Council
Tuesday, November 21, 2006 at 4:30 PM
Page 25 of 35
Motion and Vote: Councilmember Zahner Bailey moved to approve the Resolution to authorize membership in the
Georgia Municipal Association workers' compensation self-insurance fund. Councilmember Mohrig seconded the
motion. There was no Council discussion. The motion passed unanimously.
Approval of a Resolution authorizing volunteer firemen, certified volunteer policemen, and elected official of the
City of Milton to be covered under workers' compensation.
Resolution No. 06-11-17
City Treasurer Wolfe stated that this resolution authorizes GMA to cover volunteer firemen, certified volunteer
policemen, and elected officials in the City's workers' compensation program.
City Clerk Marchiafava asked if there were any questions. There were no questions.
Motion and Vote: Councilmember Mohrig moved to approve the Resolution authorizing volunteer firemen, certified
volunteer policemen, and elected official of the City of Milton to be covered under workers' compensation.
Councilmember D'Aversa-Williams seconded the motion. There was no Council discussion. The motion passed
unanimously.
Approval of a Resolution for a Legislative Body Relating to a 457 Deferred Compensation Plan.
Resolution No. 06-11-18
City Treasurer Wolfe stated that the Deferred Compensation Plan is a retirement plan that encourages employees to
place tax-deferred contributions into a 457 account. The 457 account is a government sector 401K and an IRS regulated
�^* retirement account. This resolution authorizes the City to do business with GMA as our vendor for deferred
compensation. This benefit does not cost the City any money. The City will not be providing a match at this time.
Councilmember Mohrig asked if this plan has built in portability.
City Treasurer Wolfe stated that the plan has portability from previous 457, 403b, 401 A, and IRA accounts.
City Clerk Marchiafava asked if there were any other questions. There were no other questions.
Motion and Vote: Councilmember Mohrig moved to approve the Resolution for a Legislative Body Relating to a 457
Deferred Compensation Plan. Councilmember Thurman seconded the motion. There was no Council discussion. The
motion passed unanimously.
Approval of an Intergovernmental Agreement with Fulton County for Water and Wastewater Services.
City Manager Bovos stated that as of this date, the City has not negotiated any agreement for police or fire services.
The agreement for water and wastewater allows Fulton County to maintain and provide water and sewer collection and
treatment services within the City of Milton as they have already done. Fulton County currently owns the infrastructure
in order to do that. This agreement allows them into our right-of-ways to continue this service. House Bill 489 outlines
their ability to do this. The City of Milton does not have any control of Fulton County's rates or their charges for
service. That is maintained by that particular utility company.
Now
Councilmember Mohrig asked do we already have approval with Fulton County or do we gain approval after
approving this agreement tonight.
City Manager Bovos stated the proposed agreement came out of a series of meetings the staff held with Fulton County
officials. After being reviewed by attorneys on both sides, everyone agreed to this agreement. If approved tonight, it
will be delivered tomorrow for placement on Fulton County's meeting agenda on December 6"'.
Special Called Meeting of the Milton City Council
Tuesday, November 21, 2006 at 4:30 PM
Page 26 of 35
Councilmember Thurman reiterated they had Fulton County's staff approval. It is a matter of receiving the
' Commissioners' approval.
City Manager Bovos stated they definitely had the staff's approval including the County Attorney's office.
Councilmember Mohrig asked about the rates that were reflected in the budget they reviewed earlier today.
City Manager Bovos stated there were no rates for this particular item included that the City pays. It is just for the
police, fire and public safety.
Councilmember Zahner Bailey asked if the County Manager will be providing these documents, if approved tonight,
to all Commissioners in anticipation of the December 6 meeting by Fulton County.
City Manager Bovos stated that the County Manager would present signed documents to the Commissioners.
Councilmember Zahner Bailey stated that we could request that County Manager Andrews deliver the documents to
the Commissioners and/or the offices of the Commissioners. She stated there were some Commissioners who voiced
concerns about staff to staff meetings occurring and they were not aware of them.
City Clerk Marchiafava asked if there were any other questions. There were no other questions.
Motion and Vote: Councilmember Mohrig moved to approve the Intergovernmental Agreement with Fulton County for
Water and Wastewater Services. Councilmember Thurman seconded the motion. There was no Council discussion.
The motion passed unanimously.
Approval of an Intergovernmental Agreement with Fulton County for 911 Emergency Communication Services.
City Manager Bovos stated that 911 emergency services will be provided by Fulton County through a public safety
access point. Currently, Milton is provided service through Fulton County. This will not change. The funding
mechanism for this is the wired and wireless subscriber fees that we had a public hearing on earlier. Through that, we
have notified the providers and dedicated that revenue back to Fulton County throughout the term of this agreement.
This agreement is only for the term of the transition period. Performance standards are included in this contract. The
City also reserves the right to have a representative of the 911 center present at City Council meetings to address any
concerns and challenges.
City Clerk Marchiafava asked if there were any questions. There were no questions.
Motion and Vote: Councilmember Zahner Bailey moved to approve the Intergovernmental Agreement with Fulton
County for 911 Emergency Communication Services. Councilmember Mohrig seconded the motion. There was no
Council discussion. The motion passed unanimously.
Approval of an Intergovernmental Agreement with Fulton County for Animal Control Services.
City Manager Bovos stated that the cost is not to exceed $4,792 on an annual basis. Animal control services relate
back to Chapter 5 of the ordinance adopted earlier. A contract was let for the entire county. Each municipality within
the county buys in their share based upon the activity that occurs within that jurisdiction. Overall, the county contract is
$2.8 million. Our share based upon our activity is $4,748. We will continue to outsource this through the county as
long as we can.
w..
City Clerk Marchiafava asked if there were any questions. There were no questions.
Special Called Meeting of the Milton City Council
Tuesday, November 21, 2006 at 4:30 PM
Page 27 of 35
Motion and Vote: Councilmember Mohrig moved to approve the Intergovernmental Agreement with Fulton County for
Animal Control Services. Councilmember Thurman seconded the motion. There was no Council discussion. The
Now motion passed unanimously.
Councilmember Mohrig asked about the Memorandum of Understanding and rates. Will it be for the nine month
period starting January 1 since theoretically our taxes have been paid for Fulton County services through the end of this
year or will we actually be paying for December out of the City of Milton funds, as well as the nine months in the new
year.
City Manager Bovos stated we will begin to pay for police and fire services on January l st. The staff concurs with the
belief that property taxes was paid for the calendar year so we have appropriated beginning in December.
Approval of Annexation Applications for Cox Road. (Added by Motion and Vote)
City Attorney Scott asked applicants for annexations to come forward.
Approval of an Ordinance Annexing 13530 Old Chadwick Lane A/K/A 13530 Arnold Mill Road Property.
(First Reading) Ordinance No. 06-11-18
James Tritt stated he would like his property of seven acres annexed into the City of Milton.
City Attorney Scott stated that Roswell would like to take this property under the 60% method annexation. He can be
annexed into the City of Milton through the 100% method.
Motion and Vote: Councilmember Thurman moved to approve the Ordinance Annexing 13530 Old Chadwick Lane
... , A/K/A 13530 Arnold Mill Road Property. Councilmember D'Aversa-Williams seconded the motion. There was no
Council discussion. The motion passed unanimously.
City Attorney Scott stated that the City of Milton became aware that Roswell was going to annex certain properties that
we were moving to annex also. The most important property of all is the Union Primitive Baptist Church at the corner
of Cox and Ebenezer Road. All the properties to the south and west have asked to be included with the City of Milton.
With Roswell performing annexations on some properties, the Council developed a 100% annexation essentially
following Cox Road.
Approval of an Ordinance Annexing Georgia Golf Ventures Properties. (First Reading)
Ordinance No. 06-11-19
David Caragher asked the Council to accept the annexation of twenty-one plus acres at the intersection of Cox Road
and Ebenezer Road. He is representing the whole corridor.
City Attorney Scott stated this involved properties at 12920 Arnold Mill Road and 12940 Arnold Mill Road.
Motion and Vote: Councilmember Mohrig moved to approve the Ordinance Annexing Georgia Golf Ventures
Properties. Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed
unanimously.
„ Councilmember Thurman stated there is a piece of property adjacent to the Georgia Golf Venture on Arnold Mill
Road and wanted to know if that will be a separate ordinance.
low City Attorney Scott stated that he met with an attorney, Douglas Dillard, yesterday and was advised to do all of these as
a separate motion; therefore, he has approximately thirty ordinances on this 100% method for the Council consideration.
Approval of an Ordinance Annexing 12960 Arnold Mill Road Property. (First Reading) .
Special Called Meeting of the Milton City Council
Tuesday, November 21, 2006 at 4:30 PM
Page 28 of 35
am" Ordinance No. 06-11-20
vow City Clerk Marchiafava stated that the next item is an Ordinance Annexing 12960 Arnold Mill Road Property.
Motion and Vote: Councilmember D'Aversa-Williams moved to approve the Ordinance Annexing 12960 Arnold Mill
Road Property. Councilmember Mohrig seconded the motion. There was no Council discussion. The motion passed
unanimously.
Approval of an Ordinance Annexing 285 Cox Road Property.
Ordinance No. 06-11-21
(First Reading)
City Clerk Marchiafava stated that the next item is Ordinance Annexing 285 Cox Road Property.
Motion and Vote: Councilmember Mohrig moved to approve the Ordinance Annexing 285 Cox Road Property.
Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously.
Approval of an Ordinance Annexing 295 Cox Road Property.
Ordinance No. 06-11-22
(First Reading)
City Clerk Marchiafava stated that the next item is an Ordinance Annexing 295 Cox Road property.
Motion and Vote: Councilmember D'Aversa-Williams moved to approve the Ordinance Annexing 295 Cox Road
Property. Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed
,..�. unanimously.
Approval of an Ordinance Annexing 335 Cox Road Property.
Ordinance No. 06-11-23
(First Reading)
City Attorney Scott stated that this parcel was the most important one in that package. It is Union Primitive Baptist
Church
Motion and Vote: Councilmember Mohrig moved to approve the Ordinance Annexing 335 Cox Road Property.
Councilmember Zahner-Bailey seconded the motion. There was no Council discussion. The motion passed
unanimously.
Approval of an Ordinance Annexing 355 Cox Road Property.
Ordinance No. 06-11-24
(First Reading)
City Clerk Marchiafava stated that the next item is an Ordinance Annexing 355 Cox Road Property.
Motion and Vote: Councilmember Thurman moved to approve the Ordinance Annexing 355 Cox Road Property.
Councilmember D'Aversa-Williams seconded the motion. There was no Council discussion. The motion passed
unanimously.
Approval of an Ordinance Annexing 365 Cox Road Property. (First Reading)
Ordinance No. 06-11-25
' City Clerk Marchiafava stated that the next is approval of an Ordinance Annexing 365 Cox Road property.
fto Motion and Vote: Councilmember Mohrig moved to approve the Ordinance Annexing 365 Cox Road Property.
Councilmember D'Aversa-Williams seconded the motion. There was no Council discussion. The motion passed
unanimously.
Special Called Meeting of the Milton City Council
Tuesday, November 21, 2006 at 4:30 PM
Page 29 of 35
Approval of an Ordinance Annexing 455 Cox Road Property. (First Reading)
Ordinance No. 06-11-26
City Clerk Marchiafava stated that the next item is an Ordinance Annexing 455 Cox Road property.
Motion and Vote: Councilmember Zahner-Bailey moved to approve the Ordinance Annexing 455 Cox Road Property.
Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously.
Approval of an Ordinance Annexing 525 Cox Road Property.
Ordinance No. 06-11-27
(First Reading)
City Clerk Marchiafava stated that the next item is an Ordinance Annexing 525 Cox Road property.
Motion and Vote: Councilmember Thurman moved to approve the Ordinance Annexing 525 Cox Road Property.
Councilmember Mohrig seconded the motion. There was no Council discussion. The motion passed unanimously.
Approval of an Ordinance Annexing 526 Cox Road Property. (First Reading)
Ordinance No. 06-11-28
City Clerk Marchiafava stated that the next item is an Ordinance Annexing 526 Cox Road property.
Motion and Vote: Councilmember Mohrig moved to approve the Ordinance Annexing 526 Cox Road property.
--- Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously.
Approval of an Ordinance Annexing 535 Cox Road Property.
Ordinance No. 06-11-29
(First Reading)
City Clerk Marchiafava stated that the next item is an Ordinance Annexing 535 Cox Road property.
Motion and Vote: Councilmember D'Aversa-Williams moved to approve the Ordinance Annexing 535 Cox Road
Property. Councilmember Zahner-Bailey seconded the motion. There was no Council discussion. The motion passed
unanimously.
Approval of an Ordinance Annexing 545 Cox Road Property. (First Reading)
Ordinance No. 06-11-30
Motion and Vote: Councilmember Thurman moved to approve the Ordinance Annexing 545 Cox Road Property.
Councilmember Mohrig seconded the motion. There was no Council discussion. The motion passed unanimously.
Approval of an Ordinance Annexing 555 Cox Road Property.
Ordinance No. 06-11-31
(First Reading)
City Clerk Marchiafava stated that the next item is an Ordinance Annexing 555 Cox Road property.
Motion and Vote: Councilmember Zahner Bailey moved to approve the Ordinance Annexing 555 Cox Road Property.
WPM Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously.
Approval of an Ordinance Annexing King's Development Property, Inc. (First Reading)
aw Ordinance No. 06-11-44
City Clerk Marchiafava stated that the next item is approval of an Ordinance Annexing King's Development property,
Inc.
Special Called Meeting of the Milton City Council
Tuesday, November 21, 2006 at 4:30 PM
Page 30 of 35
an%
Motion and Vote: Councilmember Thurman moved to approve the Ordinance Annexing King's Development
600 Property, Inc. Councilmember Mohrig seconded the motion. There was no Council discussion. The motion passed
unanimously.
Approval of an Ordinance Annexing 676, 680, and 710 Cox Road Properties. (First Reading)
Ordinance No. 06-11-43
City Clerk Marchiafava stated that the next item is approval of an Ordinance Annexing 676, 680, and 710 Cox Road
properties.
Motion and Vote: Councilmember Mohrig moved to approve the Ordinance Annexing 676, 680, and 710 Cox Road
Properties Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed
unanimously.
Approval of an Ordinance Annexing Harry Schwartz Trust Properties. (First Reading)
Ordinance No. 06-11-47
City Clerk Marchiafava stated that the next item is an Ordinance Annexing Harry Schwartz Trust properties.
Motion and Vote: Councilmember Thurman moved to approve the Ordinance Annexing Harry Schwartz Properties.
Councilmember Mohrig seconded the motion. There was no Council discussion. The motion passed unanimously.
Approval of an Ordinance Annexing 12275 King Road Property. (First Reading)
Ordinance No. 06-11-46
*W-0
City Clerk Marchiafava stated that the next item is an Ordinance Annexing 12275 King Road property.
Motion and Vote: Councilmember Zahner Bailey moved to approve the Ordinance Annexing 12275 King Road
Property. Councilmember D'Aversa-Williams seconded the motion. There was no Council discussion. The motion
passed unanimously.
Approval of an Ordinance Annexing 12430 King Road Property. (First Reading)
Ordinance No. 06-11-32
City Clerk Marchiafava stated that the next item is an Ordinance Annexing 12430 King Road property.
Motion and Vote: Councilmember Mohrig moved to approve the Ordinance Annexing 12430 King Road Property.
Councilmember D'Aversa-Williams seconded the motion. There was no Council discussion. The motion passed
unanimously.
Approval of an Ordinance Annexing 12585 King Road Property. (First Reading)
Ordinance No. 06-11-34
City Clerk Marchiafava stated that the next item is an Ordinance Annexing 12585 King Road Property.
Motion and Vote: Councilmember Thurman moved to approve the Ordinance Annexing 12585 King Road Property.
Councilmember Mohrig seconded the motion. There was no Council discussion. The motion passed unanimously.
a w Approval of an Ordinance Annexing 12609 King Road Property. (First Reading)
Ordinance No. 06-11-35
City Clerk Marchiafava stated the next item is approval of an Ordinance Annexing 12609 King Road property.
Special Called Meeting of the Milton City Council
Tuesday, November 21, 2006 at 4:30 PM
Page 31 of 35
" Motion and Vote: Councilmember Mohrig moved to approve the Ordinance Annexing 12609 King Road Property.
Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously.
Now
Approval of an Ordinance Annexing 13040 King Road Property. (First Reading)
Ordinance No. 06-11-33
City Clerk Marchiafava stated that the next item is approval of Ordinance Annexing 13040 King Road property.
Motion and Vote: Councilmember Thurman moved to approve the Ordinance Annexing 13040 King Road Property.
Councilmember Zahner Bailey seconded the motion. There was no Council discussion. The motion passed
unanimously.
Approval of an Ordinance Annexing John D. Oliver Property. (First Reading)
Ordinance No. 06-11-48
City Clerk Marchiafava stated that the next item is an Ordinance Annexing John D. Oliver property.
Motion and Vote: Councilmember Thurman moved to approve the Ordinance Annexing John D. Oliver Property.
Councilmember D'Aversa-Williams seconded the motion. There was no Council discussion. The motion passed
unanimously.
Approval of an Ordinance Annexing 12180 King Circle Property. (First Reading)
Ordinance No. 06-11-37
City Clerk Marchiafava stated that the next item is an Ordinance Annexing 12180 King Circle property.
Motion and Vote: Councilmember Mohrig moved to approve the Ordinance Annexing 12180 King Circle Property.
Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously.
Approval of an Ordinance Annexing 12180 King Road Property. (First Reading)
Ordinance No. 06-11-42
City Clerk Marchiafava stated that the next item is an Ordinance Annexing 12180 King Road property.
Motion and Vote: Councilmember Thurman moved to approve the Ordinance Annexing 12180 King Road Property.
Councilmember D'Aversa-Williams seconded the motion. There was no Council discussion. The motion passed
unanimously.
Approval of an Ordinance Annexing 12200 King Circle Property. (First Reading)
Ordinance No. 06-11-41
City Clerk Marchiafava stated that the next item is an Ordinance Annexing 12200 King Circle property.
Motion and Vote: Councilmember Zahner-Bailey moved to approve the Ordinance Annexing 12200 King Circle
Property. Councilmember D'Aversa-Williams seconded the motion. There was no Council discussion. The motion
passed unanimously.
Approval of an Ordinance Annexing 12235 King Circle Property. (First Reading)
now Ordinance No. 06-11-45
City Clerk Marchiafava stated that the next item is an Ordinance Annexing 12235 King Circle property.
Special Called Meeting of the Milton City Council
Tuesday, November 21, 2006 at 4:30 PM
Page 33 of 35
Councilmember Thurman stated that two properties to be annexed at the end of the month are owned by Georgia
Transmission as well as two more on Arnold Mill Road. It is important to have an open dialogue with them for not only
fto this, but for future projects as well.
Councilmember Zahner Bailey spoke about the demolitions that have been occurring within the City of Milton. At
least one of those demolitions was done without proper permitting. She asked if Tom Wilson or Robyn MacDonald
could get in touch with Mayor Upshaw of Fulton County to officially discuss demolitions that have occurred recently
and which ones were and were not permitted so that proper actions can be taken according to the zoning ordinances of
Fulton County and/or the City of Milton. She would also like for the Council to review the historical structures in the
City and educate the citizens about the importance of those structures. She stated that the timetables in the zoning
procedures will be on the December 7h meeting.
STAFF REPORTS
City Manager Bovos stated an email was sent out last week about the retreat. Also, he had a meeting with Jim Craig
with respect to the Youth Association Facility Use Agreement for Hopewell. He is reviewing the document with
possible edits and will be presenting it to the Council before the end of the calendar year.
An email was sent concerning the land acquisition from Fulton County for both parks and the fire stations.
There is a letter that has been drafted to the Mayor of Alpharetta regarding the Highway 9 annexation. With respect to
this letter, he did receive a call from Representative Jan Jones stating that there was no formal agreement that the Mayor
Letchas outlined in respect to this particular property.
He announced that to date, there is $68,220 in the bank.
Construction has begun on City hall. Demolition and new insulation of the walls are completed. They begin the
sheetrock process this week.
Job descriptions for the Executive Aide to the Mayor and the Judge have been completed and will be posted on the
GMA website, as well as the City's website within the next week or so.
Staff is also working on a noise ordinance. He has received calls concerning noise from the high school. The City
Attorney has provided a draft of a noise ordinance and will try to get that scheduled in before the end of the year. Our
goal in adopting these ordinances is not to legislate or create issues.
Councilmember Mohrig asked if he has received many calls concerning noise.
City Manager Bovos stated that he has received multiple calls.
Councilmember Mohrig asked if the school has been talked to at this point.
City Manager Bovos stated he has not engaged in that yet because the noise ordinance we adopted de facto from Fulton
County has been held unconstitutional by the Superior Court.
Councilmember Zahner Bailey stated that the ordinance seems to be driven by specific complaints tied to Milton High
�.. School. She wondered if the ordinance was being looked at in all fairness towards the whole City of Milton or just
particular areas.
City Manager Bovos stated the ordinance will be for the whole City of Milton and not just particular challenging areas.
Councilmember Zahner Bailey wanted to know if, from a timing perspective was the City under any duress to get the
ordinance passed.
Special Called Meeting of the Milton City Council
Tuesday, November 21, 2006 at 4:30 PM
Page 34 of 35
Councilmember Thurman commented that the noise is just as bad during the soccer and lacrosse seasons.
City Manager Bovos hopes to have it completed and ready for adoption by January.
Also, a host ordinance is still being worked on.
The Rural Metro proposal has been received and is under current review. The November 30"' City Council agenda
packet is here tonight and will distributed.
City Attorney Scott thanked the citizens that helped with the annexations, the Councilmembers who put in a lot of time,
and the Mayor for his time and effort.
PUBLIC COMMENT
Cary Schlenke first thanked the Councilmembers for serving the City. She asked them to pay close attention to the
Highway 9 district. There was much discussion earlier about preserving the rural character of Milton, but not much
discussion of Highway 9. A large portion of residents reside in the Highway 9 area. In an effort to protect this
community, this area needs to be closely monitored. Traffic improvements will be needed to meet current and future
demands. The intersection of Highway 9 and Bethany Bend is poorly designed to manage the current traffic conditions
and will see significant increases with the completion of King's Ridge Christian School, the Chatham Development, the
CVS development, and the Forsyth development that will be feeding into that area. There is no master plan for Highway
9 and she would like to see one in the near term. One is needed because this area is a gateway into the City of Milton
from Alpharetta, Forsyth and Cherokee County. This area is and will be a viable stream of revenue for the City of
....� Milton. In order for no mistakes to be made, citizens would like to see an action plan for a Highway 9 Master Plan, the
Highway 9 Overlay review, and a moratorium until a plan is put into place. Knowing the impact this could have on
n� landowners and builders of the community, this does not need to be a lengthy process. Since this is a tricky proposition,
she would like Council and legal feedback on how something like this can be accomplished. She is requesting support
of the Mayor, Council and staff to review the recommended changes that were presented by the Planning and Zoning
Citizens Committee prior to the City of Milton incorporation.
Councilmember Mohrig stated that he did receive a request to take a look at the traffic situation and he forwarded the
request to the City Manager.
Councilmember Zahner Bailey stated that in regards to the Forsyth rezoning, representation was at the meeting. While
Forsyth was not willing to defer the case, we will remain engaged and involved. They did agree to pursue the Georgia
Regional Transportation Authority suggestions. They also made an amendment with regards to a willingness to pay for
a portion of Strickland and Highway 9.
Cary Schlenke asked about the process for citizens to get involved with the recommendations she asked for and tie up
any loose ends for Highway 9.
Councilmember Thurman stated that the overlays tend to be work in progress.
Acting Community Development Director Tom Wilson stated that Council could instruct the staff to review the
overlay district and through that process a series of public hearings can take place to incorporate the views and concerns
of the citizens.
Councilmember Mohrig stated that there was a lot of work done with Fulton County, but at the last minute when it was
going to be adopted, there was some miscommunication from the Fulton County staff about what we could and could
ern not do and they increased the density.
Councilmember Zahner Bailey commented that a lot of things happened in the past because Fulton County allowed it
to happen.
Special Called Meeting of the Milton City Council
Tuesday, November 21, 2006 at 4:30 PM
Page 35 of 35
Acting Community Development Director Tom Wilson stated the overlay district can be amended at any time. He is
not suggesting that significant changes can be made to the comprehensive plan without going back through the
Department of Community Affairs (DCA), but the overlay district can be changed at any time.
Councilmember Zahner Bailey directed the City Manager to revisit the overlay.
City Manager Bovos stated that he would caution everyone on the expectation of time. The Community Development
Director does not start until next week and a whole new department has to be deployed.
Councilmember Zahner Bailey stated that she understood there was no Design Review Board in place for the Highway
9 overlay, but one will be in place for the Crabapple Master plan and the Birmingham Crossroads.
Councilmember Mohrig asked Ms. Schlenke if she could be used as a point of contact when the staff starts the process
and she agreed. .
Neal O'Brien reiterated the concerns of Ms. Schlenke. He agreed that we needed to devote attention to the aesthetic
aspects of Highway 9 as that will be critical as to how the City of Milton is perceived. From a functional standpoint
there have been several shortcomings noted. Traffic on Crooked Creek is a big concern of residents within the area. A
traffic light is needed there as well as at Highway 9 and Deerfield. On the discussion of having a planning board, he
urges representation from subject matter experts and local representation for each node. There was insufficient attention
placed on Highway 9 and its residents recently during campaigns. He would like the Council to really consider the
input they receive tonight.
"on"
ADJOURNMENT
Motion and Vote: Councilmember Thurman moved to adjourn. Councilmember Mohrig seconded the motion. There
was no Council discussion. The motion passed unanimously.
After no further business, the meeting adjourned at 8:24 PM.
Date Approved: December 21, 2006
Jon tte R. Marchiafava, City Clerk
Joe Lockwoo , yor