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HomeMy WebLinkAboutMinutes CC - 11/30/2006 - MINS 11 30 06 SC (Migrated from Optiview)Special Called Meeting of the Milton City Council Thursday, November 30, 2006, 10:00 AM Page 1 of 19 """ Special Called Meeting of the Mayor and City Council of Milton was held November 30,200 at 10:00 AM, Mayor Joe Lockwood presiding. Call to Order Mayor Lockwood called the meeting to order. Roll Call and General Announcements 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. City Clerk Marchiafava called the roll. Councilmembers Present: Councilmember Karen Thurman, Councilmember Julie Zahner Bailey, Councilmember Tina D'Aversa-Williams, and Councilmember Rick Mohrig. Pledge of Allegiance Mayor Lockwood led the Pledge of Allegiance. Approval of Meeting Agenda City Clerk Marchiafava stated that the following Second Readings needed to be added to the agenda: 1. Add an Ordinance Annexing 12215 King Circle Property 2. Add an Ordinance Annexing 12530 Arnold Mill Road Property vw 3. Add an Ordinance Annexing 13070 and 13080 Arnold Mill Road Property 4. Add an Ordinance Annexing 12560 Arnold Mill Road Property 5. Add an Ordinance Annexing 12775 King Circle Property `b-0 6. Add an Ordinance Annexing 12305 King Circle Property City Clerk Marchiafava asked for a motion to approve the amendment to the meeting agenda as presented. Motion and Vote: Councilmember Mohrig moved to approve the agenda with the recommended amendments: 1. Add an Ordinance Annexing 12215 King Circle Property 2. Add an Ordinance Annexing 12530 Arnold Mill Road Property 3. Add an Ordinance Annexing 13070 and 13080 Arnold Mill Road Property 4. Add an Ordinance Annexing 12560 Arnold Mill Road Property 5. Add an Ordinance Annexing 12775 King Circle Property 6. Add an Ordinance Annexing 12305 King Circle Property Councilmember D'Aversa-Williams seconded the motion. There was no Council discussion. The motion passed unanimously. Public Comment City Clerk Marchiafava asked if there was anyone in the audience that would like to address the Mayor and Council. Hearing no one, she closed public comments. Consent Agenda City Clerk Marchiafava stated there were no items under Consent Agenda at this time. Reports and Presentations Presentation of Fiscal Year 2007 Budget irrw City Manager Bovos stated that traditionally, based upon the Charter and the internal process Milton will deploy, the staff would tie performance measures and service delivery strategies with budget appropriations. That has not yet been formulated for the City. It is one of the things that will be discussed at the retreat in January or February. The Council's Special Called Meeting of the Milton City Council Thursday, November 30,2006, 10:00 AM Page 2 of 19 0""4 goals will be looked at with respect to those measures and appropriations will be aligned to make sure we are meeting major metrics as services are delivered to citizens. That process is completely lacking in this budget appropriation. two During next year's process, a series of work sessions will be conducted that will allow everyone to see those performance metrics and how they are tied to the appropriations and then to make decisions about additional service levels, reduction service levels, and how they tie to the budget in total. This has been a little bit of an unusual year for all of the Council. The goal is to get the budget adopted as soon as possible so that appropriations exist for the City to begin deployment of primarily of public safety services. Purchase orders can not be issue without legal appropriations and that is why a normal and traditional process has been forgone. He wanted to make sure the Council had that background. City Treasurer Carol Wolfe stated that today's presentation of the budget is the second of two required public hearings and will represent the final adoption as the City of the Milton Fiscal Year 2007 balanced budget. This year's budget was based on key factors and priorities, sustainability of existing services, meeting the deployment schedule of City operations, initial contributions to operating reserves, and maintaining the quality of life for our citizens and businesses through capital programming. There have been no substantial changes to the budget since the first presentation other than the addition of two environmental studies for fire stations 10 and 14. These studies are $3,500 each. $7,000 has been added to the Capital Improvement budget in order to facilitate these environmental studies. She stated that she would be happy to review any specific areas of the budget and answer any questions that the Council may have on the budget before moving to the adoption. Councilmember Zahner Bailey asked if the environmental studies were for the evaluation of asbestos. City Treasurer Wolfe stated the studies were to evaluate the entire facility in order to provide a risk assessment. The ,. City is going to purchase those fire stations from the County. It would give Milton a baseline of improvements and renovations that would be needed. The City chose to do the older two fire stations knowing that fire station 18 was a newer building and probably would not be assuming as much risk there as possibly with the two older stations. Councilmember Zahner Bailey asked if there was any risk with the other community houses on the books that the City would be acquiring also. City Treasurer Wolfe stated there were environmental studies that CH2M Hill was going to facilitate for these specific areas, parks and community centers. They were going to defer the payments of those for us until a further time. Therefore, the only appropriations included in this budget were the two fire stations. Councilmember Zahner Bailey asked if, depending on the contract with CH2M Hill, would we be able to adopt the necessary funds to pay for these environmental studies should we not proceed for some reason. City Treasurer Wolfe stated that the City has $71,000 in contingency in the Capital Projects Fund and that is what the contingency is used for: unforeseen expenditures. Councilmember Zahner Bailey asked if that would also apply for Providence Park from a liability assessment standpoint at such point that we would need to have a second opinion by the EPA. City Manager Bovos stated absolutely. Councilmember Zahner Bailey asked if the $71,000, in theory, would cover the expense. """ City Treasurer Wolfe stated that is correct. taw City Manager Bovos stated that staff has had several conversations over the last several days about the CH2M Hill contract. He wanted to be sure that everyone understood that the appropriation of funds did not commit the City to the CH2M Hill contract as it existed today. There have been some concerns and conversations in respect to that. The appropriation of dollars by state law is done at the department level for the General Fund. What that means is those Special Called Meeting of the Milton City Council Thursday, November 30, 2006,10:00 AM Page 3 of 19 w.. budget dollars are locked in to those departments for specific functions; however, they are not committed to any individual or specific vendor that may or may not be doing work for the City currently or in the future. A contract is not being approved in addition to the budget -just the appropriations are being approved. Councilmember D'Aversa-Williams asked if when the figures are locked in to a particular department, hypothetically, and the City was to approve this budget and then determine that we were not going to expend $1.1 million on community services or community development, how the funds would be reallocated. City Manager Bovos stated that in a governmental fund, the state law required the appropriations to a department to be function level. So in the event that the City wants to reallocate, there would be no problem reallocating. What that required is action by the Mayor and City Council. The staff would be back before the Council to do a reallocation process. The City's goal is to limit that and do a solid process. There are governments who do reallocations every month. He recommended that the City not get into that type of process. If it was needed, then there would be a public hearing and a reading of an ordinance. It is a very fluid process and something that can be accomplished very easily in the event that it occurred. Councilmember D'Aversa-Williams stated it is reasonable to expect that with us being a new city and council and this being the first time making appropriations and approving the budget, that there may be some re -appropriations and certainly that would not be a negative. She just wanted to make sure and confirm that we were able to do that. Councilmember Thurman stated that she hoped that those were not items that changed every single month but if a month or two down the road we see that adjustments needed to be made we can look at the whole thing again and make what adjustments needed to be made. Councilmember Zahner Bailey stated that Fulton County had discussed doing an inventory of all the assets in all fire stations. At the point the City purchases these stations, Fulton County would remove some furnishings. Some discussions have been had about what furnishings or what elements of station # 18 in particular a part of that original was funding from Fulton County given that both equipment as well as furnishings within that station may have been part of the debt service the City would be assuming. She asked would the $72,000 be used to replace the furnishings in station # 18, or has an analysis been completed about whether or not we will retain some of those items in station # 18. City Treasurer Wolfe stated that the $72,000 did represent refurnishing all the fire stations. A list was requested of what was included in the debt service for station #18 from Fulton County. Since the City did not receive the list, steps were taken to allocate funds to refurnish all fire stations. Councilmember Zahner Bailey asked if we were to find that those furnishings are indeed the City's when we make that purchase, does the furnishings own by the City make up roughly a third. City Treasurer Wolfe stated that she could not say. The stations were all very different and they have different configurations and different furnishings. That is a reasonable estimate. In the event the City did not spend all $72,000, it would just increase the contingency in the Capital Projects funds to use in other areas. Councilmember Zahner Bailey stated that she did have two items with regards to both reimbursable expenses and health insurance. She stated there had been some questions amongst Council as to whether or not the reimbursable expenses that were read at the first reading of the budget were capped at the $2,000 and $3,000. Comparison to the charter says "...expenses that are necessitated by legitimate business of the City would be reimbursed." That was a question that had come up and there had been some options that the finance department had reviewed and she did not know if the Council had the benefit of those options, but wanted to be sure everyone was clear since this was the second reading of the budget. She also wanted to clarify the use of the term stipend versus reimbursable expense to ensure the lits public was aware that these are reimbursable expenses only and not discretionary funds. The same was true with regards to the health insurance and whether or not that was to be covered or provided as an option for the Council as there had been some discussion and questions about that item of the Charter. She suggested before closing discussion on the budget, the Council and staff should discuss these other options. Special Called Meeting of the Milton City Council Thursday, November 30,2006, 10:00 AM Page 4 of 19 ams City Manager Bovos stated that the Council adopted a financial management program early on that outlined an 6.0 appropriation that was necessary inside the budget that allowed Council dollars to use and seek reimbursement for business related items. To that extent, the goal was to appropriate funds where the Council submitted expense reports or invoices to staff with receipts and be reimbursed by the City. There was never an expectation from the staff s perspective that Council should run for an office and then use personal funds to facilitate their success in that elected seat. This year's budget included $2,000 for each Councilmember and $3,000 for the Mayor. The goal was to facilitate the Council's needs. He stated that he received some concerns about whether that appropriation was enough to meet the needs of the Councilmembers. The staff was open to any changes the Council may have to the dollar amount. If the Council chooses to increase it, the goal would be to keep the budget balanced. So if it is increased, either the revenue has to increase or there is a decrease in different expenditures just to be sure to maintain the balanced portion of it. The staff is fine in administering that however Council wished. The Council set the policy with respect to these appropriations so this is an excellent time to have that discussion. He stated that he asked Ms. Wolfe last night on the way home to run some scenarios and share those scenarios with the Council. Once that discussion is completed, he would like to move on into the health insurance questions. City Treasurer Wolfe stated that if the stipend was doubled for each member, then an additional $15,000 would be needed. We could increase revenue or decrease expenditures. At the moment, she felt they had stretched as far as possible with the revenues. A $15,000 decrease in expenditures would be found within the budget. Councilmember Zahner Bailey stated that with any reimbursable amount it needed to be evidenced with receipts and such. This is not intended to be anything other than a reimbursement of actual expenses incurred for doing the business of the City. She also stated that if there is a stipend addressed (reimbursable expense line amount) and the funds are not needed, then they do not need to be expended. She wanted to make it clear that it is not intended to be monies that will be spent if not needed but because of the appropriation process, if it is not adequate, there has not been a process put in place for the budget. City Treasurer Wolfe stated that if you exceeded the appropriations, there would not be any money to reimburse. The stipends would be assigned to specific Councilmembers. For example, Councilmember Thurman had $2,000 at the end of the year and she only spent $1,000. The additional $1,000 would roll to fund balance just like any other unexpended appropriation. Councilmember Thurman asked if this was an item that we could readjust if needed. City Manager Bovos stated that was correct. Councilmember Thurman stated that this was something that needed to be looked at. She did not feel comfortable pulling $15,000 from a front line item right now. City Treasurer Wolfe stated that they could go mid way through the year or through the next quarter and look at the trends of stipend reimbursement and adjust at that time. Councilmember Mohrig stated he would like for everyone to work within the limits right now and if it was seen that adjustments had to made to it later on, then that would be fine. We needed to try to be fiscally responsible. City Manager Bovos stated that this year's budget posed a challenge overall. He did not want anyone to have the perception that the Council was only to have $2,000 or a minimum amount. The staff tried to balance operating needs PPM with overall expenditures of the organization with non 100% revenue sources. Like Councilmember Thurman suggested, we can make an adjustment within a couple of months or whenever there was a need. NW Councilmember Zahner Bailey stated that it is important that staff explain how the appropriation process works. Special Called Meeting of the Milton City Council Thursday, November 30,2006, 10:00 AM Page 5 of 19 Now Councilmember D'Aversa-Williams stated that there were some costs to give us a little cushion. What she did not want to see happen was the increasing instead of saving of funds at the end of the year. The perception may be, after aw this budget is approved, that the Council might go back and increase the expenses and/or benefits for the Council. She believed there was money in some operation areas that were pursuant to some contracts still pending that could be reallocated for these purposes. She would agree with the Mayor and the rest of the Council if they wanted to wait and reallocate this later. But if there were funds within some of these operational areas that were allocated because of pending contracts, they could be reallocated. City Manager Bovos stated that there were additional appropriations allocated within the Mayor and Council budget. The sound system for City Hall was one example. In the event the City gets three months down the road and realized the $2,000 were insignificant, then we could reallocate funds within that department appropriation without coming back to City Council. So if we have an additional discussion in a workshop or in a public format where we have $5,000 to $6,000 left over from an appropriation because we were under budget in that appropriation, it is not going to take public action by the City Council to get those changes done. It would be just a change or public discussion about what the Council would like those to be. He gave a history about the budget and health insurance for the Council and Mayor. The budget process was begun with including health insurance for the Mayor and City Council. That is similar to some sister cities and not others. That is really a policy decision that is traditionally made by the City Council. With respect to the challenge of balancing the budget this year, the health benefits were removed from the budget for the 10 -month period. The benefits could be put back in if that was the option of the Council. City Treasurer Wolfe also ran some scenarios with respect to how much that would cost the City. „ City Treasurer Wolfe stated that the total cost to add the Council and Mayor to the Group Insurance, which would be health, vision, dental, short and long term disability, and retirement programs, would be $33,931. That is for a 10 -month . period. This is an additional expenditure that we would have to increase revenue or reduce expenditures in another area, which is certainly doable. City Manager Bovos stated that in the event that Council chose to cover them with the health insurance, they would be treated like a City employees. That meant the City would make a contribution up to $500 a month. In the event that one chose coverage that exceeded $500 a month, the difference would be paid out by the employee. We chose three to four different programs from Kaiser to allow people different scenarios in which they could choose a health insurance program that best suited their needs. The goal was not to create classes of employees where if you were married and had five children, you got more of an employer contribution then if you were single with no children. That unfortunately is a huge balancing act, especially when you get into large groups of employees. The goal also was not to preclude people from being recruited into the organization who may have health insurance needs for large families. We did not want to have a health insurance burden in respect to the recruiting process. The $500 would allow the employee to look at their needs and align them based on the coverage they needed, such as single coverage, single plus one coverage, or family coverage with a health insurance program through Kaiser that actually worked for them. The plans would not limit one to just the Kaiser network. They would have the PCHS network, which is the largest network in the United States for non Kaiser facilities and doctors. The appropriations are to specifically cover you as an employee. If a councilmember was to choose family coverage, the $500 a month is not going to cover if you choose the greatest network on the Kaiser plan 100 % of the cost. So as the Council discusses this, in the event that you want different coverage (which could include provision as a non-employee, as an example), we need to also have that conversation to be sure that what your needing or wanting to set as a policy is what we are understanding as staff and facilitate that project. Councilmember Zahner Bailey asked that if one had insurance somewhere else, then they did not have to use the City's insurance. In the example outlined, it would be an option only if one chose to do so. In other words, it does not have to be an option selected and therefore no cost would be incurred. City Manager Bovos stated an internal discussion took place on that very issue. Staff originally set out to have a program to where if you were covered under a different insurance program, the City would actually pay you a stipend back. Maybe not 100% of the $500, but a portion of it would have been paid back to you to be covered by someone Special Called Meeting of the Milton City Council Thursday, November 30,2006, 10:00 AM Page 6 of 19 +� else. The challenge with that is the City would have the burden of proof that the employee is covered under a different insurance program. The staff did not want a drop in or lack of coverage to occur while the employee was with the City of Milton. Therefore, we moved out of that scenario and required everyone to at least have single coverage. If you choose single coverage, the City fully pays for it on the highest network if you choose to have the highest network. There is no reimbursement going back to the employee at this time. The thought behind that was really public safety driven. If you have a public safety officer who is injured, the City wanted to be sure that every employee had health insurance. And we did not want the burden of having to keep up with people who had chosen not to have Milton's heath insurance coverage to be sure they had coverage through a secondary provider. City Treasurer Wolfe stated that if the staff makes a policy decision to cover elected officials for group insurance, then we needed to appropriate for all seats in order to avoid discriminatory issues. You cannot really poll the Council and say would you like insurance or not. We have to appropriate across the board in order to treat everyone fairly and equally. Currently, it is not included in the budget. Councilmember D'Aversa-Williams stated that her personal opinion is it should be allocated and she would like to hear each of the Council's opinion who will vote on this. Councilmember Zahner Bailey concurred with Councilmember D'Aversa-Williams. She stated that when talking about public safety personnel, the same is true if you have someone, not even necessarily this council. We are making policies for the future of this City and there was the risk that someone else could come onto this Council who might not have appropriate insurance or perhaps might be riding with a public safety officer or conducting City business and there could be cause for injury. We needed to be thinking of that long term impact. These policies were not just for today but for folks who were not here to make those decisions to include future City Council. So when evaluating policies, we needed to be making decisions and evaluating policies for the future of this City. She will concur, therefore, that that is an important thing to consider as a Council. City Attorney Scott asked about a councilmember riding along with a police officer and getting into an accident. He asked City Manager Bovos to clarify whether that would be covered under workers' compensation. City Manager Bovos stated that they would be covered under workers' compensation. The Council is included in the workers' compensation policy. He stated that if the Council is set on this, then an appropriation can be made today for health insurance coverage and reduce the contingency. He stated that he is never a fan of reducing contingency and felt that at this point the contingency was too low from where it should be from an overall financial perspective. But if it is something the Council would like to see included from day one in the budget, the staff can come back, in the event we have additional funds at the department level and increase our contingency moving forward throughout the year as we proactively manage the cash flow and a first year budget. He wanted to be sure they had that option and knew that that could occur in today's meeting with respect to maintaining the balanced budget. Councilmember Mohrig stated that the option is to take it out of the contingency we have built into the budget. City Treasurer Wolfe stated that we would reduce our contributions to operating reserves, which currently is appropriated at 2% of revenues or $246,894. Councilmember D'Aversa-Williams asked if the allocations for operations were reasonable at this point and would we want to take it from that portion. City Treasurer Wolfe stated that a majority of the funding in the Department of Operations is tied to the CH2M Hill an" contract, which has not yet been approved. Her challenge with reducing that amount today would change the contract amount with CH2M Hill and we have not yet had an opportunity to discuss the scope of services with them. She added 6w a that reducing their contract amount may reduce their services. She is willing to do and take up that discussion with CH2M Hill. Mayor Lockwood asked if we could postpone this since we have two more Councilmembers that would be joining us. Special Called Meeting of the Milton City Council Thursday, November 30, 2006, 10:00 AM Page 7 of 19 City Manager Bovos stated that it could be postponed and when approving the budget, a motion should include the 0.0 scheduling of subsequent discussions on health insurance coverage and, in the event that the Council decided to choose the coverage, that it come from contingency or from some source. In that regard, we would not have to come before the Council with a new appropriation. If it is included in the motion when approving the budget and clarity is made about what you want, then it could happen at the point and time the discussion occurred. Councilmember Thurman asked if that could become effective January 1 if it was voted on in December with the full Council seated. City Manager Bovos stated that was correct and the employee health insurance program goes into effect January 1. Councilmember Zahner Bailey stated that today is not the discussion for CH2M Hill contract but wanted to know if this would be the appropriate time to state that the Council does collectively and individually have some concerns with the CH2M Hill contract and when the City considers how to proceed with approving the budget, that the City would look at either a contingency line item. She is not in favor of reducing potential reserves but she would suggest that within the CH2M Hill contract, based on conversations that many on the Council have had, that perhaps the $5.2 million that is currently allocated is in excess of where we think we should be contractually. Perhaps the line items tied to the contract could be reduced as negotiations continue, thereby further reducing our expenses. The $5.2 million is currently a non confirmed contractual obligation. City Treasurer Wolfe stated that with the continued negotiations with CH2M Hill, there was always the possibility of reductions in the Mayor and Council's departmental budget enough to cover the $33,931 and there would be no need for „. additional appropriations and expenses. City Manager Bovos stated that meetings would be scheduled next week with all councilmembers similar to meetings we had earlier with respect to the CH2M Hill contract. Everyone would be brought into the office in a non quorum type setting to discuss issues and beliefs regarding the existing contract and where the Council sees the organization moving forward. City Clerk Marchiafava asked if there were any further discussions from the Council. There were no further discussions. Second Public Hearing on Fiscal Year 2007 Budget Mayor Lockwood asked if there were any public comments on this item. With there being none, the public hearing was closed. ZONING AGENDA Mayor Lockwood stated there was no zoning agenda at this time. FIRST PRESENTATION Mayor Lockwood stated there were no items for first presentation. UNFINISHED BUSINESS Approval of an Ordinance Adopting a Budget for the Fiscal Year 2007 for each fund of the City of Milton, "^ Georgia. (Second Reading) Ordinance No. 06-11-57 City Treasurer Wolfe stated that this ordinance would adopt the Fiscal year 2007 budget for the City of Milton. She thanked everyone for their input and cooperation in this process. It was a challenging process but from a staff Special Called Meeting of the Milton City Council Thursday, November 30, 2006, 10:00 AM Page 8 of 19 •� perspective it was critical to have the input that everyone provided to get a much better quality budget that both Council and citizens could be proud of. ar City Clerk Marchiafava asked for public comments. There was no public comment. Motion and Amendment: Councilmember D'Aversa-Williams moved to approve an Ordinance Adopting a Budget for the Fiscal Year 2007 for each fund of the City of Milton, Georgia with a contingency to review the inclusion of healthcare benefits for the Mayor and the City Council as well as additional expenses for the Mayor and City Council that would possibly come from different areas in the budget. Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously. 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. (Second Reading) Ordinance No. 06-11-58 Acting Community Development Director Wilson stated this is the latest Georgia state minimum standard building codes as adopted and amended by the Department of Community Affairs. The latest version is known as the 2006 codes. There is a provision in this ordinance that all permits granted and approved by Fulton County under earlier versions of any of these codes are hereby declared to be the intention of the Council to enforce the code under which these projects were adopted. Additionally, there is an amendment where language was added in nine areas for clarification. No content or policies of the codes have been changed. He asked the Council to adopt the ordinance as is along with the amendment presented to them. „ City Attorney Scott stated that as a point of order, the Council will have to make a motion to approve the code and then accept the amendments as contained in the memo. "' City Clerk Marchiafava asked for public comments. Roby Robison, 400 Doris Road, asked if the ordinance was cosmetic or are they substituting the differences between what is proposed to be adopted and what is being appealed. City Attorney Scott stated that the actual substance is not different. There are subtle differences. This code is based on the one Sandy Springs is already using. Most of this is recodifying at a local level the state codes that are already in existence and bringing it up to date. Fulton County does not use the 2006 codes. Councilmember Zahner Bailey stated that the building community is comfortable with this. It would be consistent with Fulton County and/or those new modifications that have been made for 2006. Acting Community Development Director Wilson stated that Fulton County has yet to adopt the 2006 codes, but will in the near future. City Attorney Scott stated that we are grandfathering 2000 codes and other ones that have already been approved for Fulton County. Acting Community Development Director Wilson stated that in the case where building permits were approved under the 2000 code, we must also adopt those codes to be able to enforce them. ""'"' City Clerk Marchiafava asked for public comments. There was no public comment. err Motion and Vote: Councilmember Mohrig moved to approve 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. Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously. F-7 Special Called Meeting of the Milton City Council Thursday, November 30, 2006, 10:00 AM Page 9 of 19 City Manager Bovos stated that we needed an amendment to adopt the comments contained in the memo. Motion to Amend: Councilmember Thurman moved to amend the above motion to approve the Ordinance to Adopt and Approve Chapter 9, Building Codes as follows: Section 7 (a) (i) change comma to period "When Required. Any owner, authorized agent, or contractors who... ... permit for the work. Add this sentence A permit shall not be issued to an owner, who is neither a licensed contractor nor the occupant of a residential structure being altered. Section 7 (a) (iii) add a dollar value "Ordinary minor repairs, with a value of less than $1,000, may be made with the approval..." this establishes a defined threshold. Section 7 (c) (ii) as discussed in the meeting, delete this subsection in its entirety. Section 7 (h) (vi) (A) Building. Add the following highlighted items... (1) Foundation and foundation wall Inspection: To be made after the trenches are excavated, the reinforcement is in place, and the forms erected, prior to the placing of concrete. (2) Slab Inspection: To be made prior to the placing of concrete. (3) Framing Inspection: To be made after the roof, all framing, fireblocking, bracing and fasteners are in place, all concealed wiring, all pipes, chimneys, ducts, and vents are complete. (4) Moisture Barrier Inspection: To be made prior to the installation of the exterior finishing materials. (5) Final Inspection: To be made after the building is completed and ready for immediate occupancy. Section 7 (i) (i) (C) Temporary/Partial Occupancy. A temporary/partial certificate of occupancy may be issued for a portion of a commercial building, which in the opinion of the Building Official, may safely be occupied prior to final completion of the building. The temporary/partial certificate of occupancy shall be forfeited if the certificate of occupancy is not issued within ninety (90) days. This establishes a time limit for the temporary/partial certificate of occupancy. Second and Vote: Councilmember Zahner Bailey seconded the motion. There was no Council discussion. The motion passed unanimously. 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. Ordinance No. 06-11-59 (Second Reading) City Attorney Scott stated that we are required to adopt an ordinance by which traffic and public roadways are regulated and it essentially incorporates by reference relevant state and Federal statutes. Article I of this ordinance incorporates those statutes from the State of Georgia and Federal Statutes. It also allows for temporary traffic regulations, such as funerals and speed detection by the City police or Fulton County police. Article II sets the speed rr,.r limits for the City roadways. Article III regulates truck routes. Councilmember Thurman asked if these speed limits were the same as the ones currently set by Fulton County. Special Called Meeting of the Milton City Council Thursday, November 30,2006, 10:00 AM Page 10 of 19 -0 City Attorney Scott stated that is correct. We are not putting up new signs. In the event that you choose to alter the speeds for City roads, we can do so through an ordinance. The state roads go through a different process. City Clerk Marchiafava asked for public comments. There was no public comment. Motion and Vote: Councilmember Mohrig moved to approve 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. Councilmember Zahner Bailey seconded the motion. There was no Council discussion. The motion passed unanimously. 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. Ordinance No. 06-11-60 (Second Reading) Public Safety Director Chris Lagerbloom stated that the ordinance is broken into five sections in which four of them are real important. They defined emergency management, fire code, described fire lanes and provided for police department. There were some changes to the ordinance that was recommended since the first reading. Many of the changes bring this chapter into compliance with the organizational structure the City of Milton is moving towards. The fines for fire lanes and the deadline to pay them will be set by the Municipal Court rather than prescribing them through the ordinance. City Clerk Marchiafava asked for public comments. There was no public comment. ..A. Motion and Vote: Councilmember Thurman moved to approve 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. Councilmember Zahner Bailey seconded the motion. There was no Council discussion. The motion passed unanimously. 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. Ordinance No. 06-11-61 (Second Reading) City Attorney Scott stated that the City must adopt an ordinance regulating the use of streets and sidewalks. It regulates the repair and maintenance of those areas. It sets forth prohibited activities on streets and sidewalks and regulates street numbering. This ordinance is based on the one used by Sandy Springs. Councilmember Thurman stated that this ordinance regulates already existing sidewalks and not whether we should have a sidewalk here or there. Councilmember Zahner Bailey stated that the Council has discussed the need to address sidewalks and the appropriateness of them in the City and would be looking to modify those requirements as previously set forth by Fulton County. This current ordinance is effective December 1, 2006. City Clerk Marchiafava asked for public comments. There was no public comment. Motion and Vote: Councilmember Mohrig moved to approve 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. Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously. Approval of an Ordinance Granting a Franchise Agreement with BellSouth, Telecommunications, Inc. Ordinance No. 06-11-62 (Second Reading) Special Called Meeting of the Milton City Council Thursday, November 30, 2006, 10:00 AM Page 11 of 19 * City Manager Bovos stated that the next six items were franchise agreements. The BellSouth franchise agreement is for a term of 35 years and requires Bell South to make quarterly payments to the City. It outlined the 3% franchise fee a. for the privilege to use the City's right-of-ways. Councilmember Thurman stated there was discussion held about the 35 year term. She wanted to know had there been additional discussions with Bell South about this term or were we comfortable with the 35 year term. City Manager Bovos stated that from a staff level we were very comfortable with the 35 year term. In the event that there may be state or federal legislative changes to the structure of telecommunications, the staff could come back and renegotiate or have additional discussions with Bell South. Mayor Lockwood asked for any public comments on this item. There was no public comment. Motion and Vote: Councilmember Zahner Bailey moved to approve an Ordinance Granting a Franchise Agreement with BellSouth, Telecommunications, Inc. Councilmember Mohrig seconded the motion. There was no Council discussion. The motion passed unanimously. Approval of an Ordinance Granting a Franchise Agreement with Comcast of Georgia, Inc. Ordinance No. 06-11-63 (Second Reading) City Manager Bovos stated that the term for the Comcast agreement is 10 years and the payment frequency will be quarterly. The fee for this agreement is set at 5% of the gross annual revenue collected by Comcast. It was previously paid to Fulton County, but Comcast will change the wording from Fulton County to the City of Milton on the bill and it will be remitted to us effective of the ordinance December 1, 2006. 60014 Councilmember Mohrig asked if Comcast has agreed to the quarterly payment. City Manager Bovos stated the change in payment structure was not a change for Comcast. Mayor Lockwood asked for any public comments on this item. There was no public comment. Motion and Vote: Councilmember Mohrig moved to approve an Ordinance Granting a Franchise Agreement with Comcast of Georgia, Inc. Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously. Approval of an Ordinance Granting a Franchise Agreement with Atlanta Gas Light. Ordinance No. 06-11-64 (Second Reading) City Manager Bovos stated that the term for this agreement with Atlanta Gas Light was 10 years. The agreement included a renewal option for another 10 years. The payments will be quarterly. The fee for this agreement was negotiated by the Georgia Municipal Association and through the deregulation of natural gas it is already included in the rate structure how gas companies reimburse Atlanta Gas Light, then Atlanta Gas Light reimburses the City. This particular franchise fee is not included on the customer bill. The effective date of this ordinance is December 1, 2006. Mayor Lockwood asked for any public comments on this item. There was no public comment. Motion and Vote: Councilmember Thurman moved to approve an Ordinance Granting a Franchise Agreement with Atlanta Gas Light. Councilmember Mohrig seconded the motion. There was no Council discussion. The motion passed unanimously. Approval of an Ordinance Granting a Franchise Agreement with Georgia Power. Ordinance No. 06-11-65 (Second Reading) Special Called Meeting of the Milton City Council Thursday, November 30, 2006, 10:00 AM Page 12 of 19 *� '■ City Manager Bovos stated that the term for this agreement with Georgia Power was 35 years. The payment frequency will be quarterly. The fee is 4% on gross sales of electric energy. It will not be on the customer bill, but it will be built into the rate structure as filed with the PFC. The effective date has changed from December 1 to January 1. For all three franchise agreements for electric service, there is a clause that allows for continuity across electric providers. We discussed in an earlier session how we needed to be consistent with our franchise agreements. All the agreements are the same. The challenge with that is that we have two providers, Cobb EMC and Sawnee Electric, who have agreed to the franchise agreement including quarterly terms. That is a change from the industry standard that Georgia Power traditionally allows to occur. We have received feedback from Georgia Power that they are not happy with quarterly terms. However, if we change the Georgia Power agreement to annual terms, which is their request, we then change every electric franchise agreement to annual terms. Staff is not willing to do that. He stated Georgia Power was told that if they do the annual term, then the City was expecting an interest rate return also. Georgia Power was not willing to do that. Councilmember Zahner Bailey asked if Georgia Power was aware that the City was going to present them with a franchise agreement after we vote on this. City Manager Bovos stated they were aware. They are required by the franchise agreement to sign and return it within sixty (60) days. Mayor Lockwood asked for any public comments on this item. There was no public comment. Motion and Vote: Councilmember Mohrig moved to approve an Ordinance Granting a Franchise Agreement with Georgia Power. Councilmember D'Aversa-Williams seconded the motion. There was no Council discussion. The motion passed unanimously. Approval of an Ordinance Granting a Franchise Agreement with Cobb EMC. Ordinance No. 06-11-66 (Second Reading) City Manager Bovos stated that the terms for this agreement are exactly consistent with Georgia Power terms. The term for Cobb EMC is set for 35 years. The payments will be quarterly and the fee is 4% of gross sales of electric energy. Because Cobb is an electric membership corporation, their fee structure is a little different than Georgia Power. This franchise agreement will be shown on the bill and is effective January 1, 2007. Mayor Lockwood asked for any public comments on this item. There was no public comment. Councilmember Thurman asked if the effective date of January I was for all three electric agreements. City Manager Bovos stated that was correct. Councilmember Zahner Bailey asked about the timeline of sixty days. City Manager Bovos stated there were two separate dates. The ordinance itself will be effective January 1. The sixty day timeline is when we get the document to them for their signature and they get it back to us. Motion and Vote: Councilmember Zahner Bailey moved to approve an Ordinance Granting a Franchise Agreement with Cobb EMC. Councilmember Mohrig seconded the motion. There was no Council discussion. The motion passed unanimously. own Approval of an Ordinance Granting a Franchise Agreement with Sawnee Electric. r w Ordinance No. 06-11-67 (Second Reading) Special Called Meeting of the Milton City Council Thursday, November 30, 2006, 10:00 AM Page 13 of 19 +�* City Manager Bovos stated that the term for this agreement with Sawnee Electric is 35 years. The payment frequency is quarterly with a 4% fee off of gross sales of electric energy. This agreement will be shown on customer bills and will rrrr. be effective on January 1, 2007. Motion and Vote: Councilmember Mohrig moved to approve an Ordinance Granting a Franchise Agreement with Sawnee Electric. Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously. Approval of an Ordinance to Adopt the Fulton County Tree Preservation Ordinance and Administrative Guidelines. (Second Reading) Ordinance No. 06-11-68 Acting Community Development Director Wilson stated that no changes have been made to this document. This document will be known as the City of Milton Tree Preservation Ordinance and Administrative Guidelines. This ordinance provides for standards of tree preservation and the amount of trees that will be retained or replanted after development, as well as best management practices. The effective date for this ordinance will be December 1. Councilmember Mohrig asked if we were adopting what is already here today and if this does not preclude us from making enhancements in the future. Acting Community Development Director Wilson stated that is correct. Councilmember Zahner Bailey stated that the Council has discussed the necessity of enhancing the tree ordinance. She wanted to know if it would be reasonable this morning to ask the staff to provide some indication to when we could begin those enhancements. She knows that some of that is already underway but as a matter of record for today's audience, she wanted to make that a part our record. Acting Community Development Director Wilson stated they could begin anytime the Council wished and would prioritize the things that the Council would like staff to work on. Councilmember Zahner Bailey as a matter of record also, Mr. Wilson is already aware of other ordinances that provide enhancements. She thanked him for his advanced knowledge that he will bring to the table because obviously this community is concerned about tree coverage, not only with heritage trees and the preservation for historic trees, but also for tree coverage. She thinks there is a real opportunity for us to enhance this document going forward. Councilmember Zahner Bailey asked about the arborist and the coverage for site specific review and would the process on December 1 be deployed through CH2M Hill or the City of Milton employees. Acting Community Development Director Wilson stated that a CH2M Hill arborist will be on site full time and make site inspections before any permit is issued. Mayor Lockwood asked for any public comments on this item. Gordon Hunter, 14680 Wood Road, stated the important thing about this tree ordinance is the enforcement, especially with developers. He was upset with all the clear -cutting that has been done in Crabapple recently. The ordinance should give the City the ability to work with developers to make sure they adhere to the tree ordinance. He stated that our trees needed to be saved the best way they could. M.•. Councilmember Mohrig stated that the Council has had discussions about looking into the future on how to improve as too we look at development. Councilmember Zahner Bailey stated that from a permitting perspective, one difference between the Fulton County process and the process she would like to see from the City of Milton is that we look at tree preservation before rezoning Special Called Meeting of the Milton City Council Thursday, November 30, 2006, 10:00 AM Page 14 of 19 w- occurs. One of the problems that has occurred with Fulton County is that there is a lot of discussion about tree preservation. However, when density is reviewed and zonings occur, it is not with consideration of the trees onsite. So, lw what happens unfortunately is density is approved at a higher level and then development allows for the takeaway of the trees. We need to reverse that process. Again, as a matter of record, while we are approving this today that we want to make sure to address those concerns as a very specific and detailed level and ensure that tree preservation and the saving of heritage trees and tree coverage takes place in advance of a rezoning. Motion and Vote: Councilmember Mohrig moved to approve an Ordinance to Adopt the Fulton County Tree Preservation Ordinance and Administrative Guidelines. Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously. Approval of an Ordinance Adopting the Personnel Policy Handbook. Ordinance No. 06-11-69 (Second Reading) City Treasurer Wolfe stated that this item was distributed and discussed during an interactive session. There have been no changes in the personnel policy handbook itself other than the completion of the index with includes forms, classification and pay plans, job descriptions, and a benefit summary. The personnel policy handbook covers standard area of personnel management including administration, compensation and benefits, and employee relations. Under the compensation pay plan, we have chosen to classify positions in job bands and then assign them a pay rate. Those job bands include categories of administrative positions, department directors, fire service positions, labor positions, management positions, police service positions, professional positions, and technical positions. There are 16 pay grades. Pay grade 1 is the minimum pay grade, which has a range of $20,000 - $35,000 with a midpoint of $27,500. Those pay grades move up in scale to pay grade 16 in which the minimum is $100,000 with a maximum of $130,000. In creating the classification and pay plan, it was important in designing the Public Safety classification and pay to have parity between the police and fire department. The fire service positions start at a pay grade of 4, which is a minimum of $35,000 with a maximum of $55,000. Fire Apparatus Engineer and Fire Paramedic would start at $40,000 with a maximum of $60,000. A Fire Company Officer would start at $45,000 with a maximum of $65,000. A Battalion Chief would start at $60,000 with a maximum of $85,000. A Fire Marshall would start at $60,000 with a maximum of $85,000. A Deputy Fire Chief would start at $80,000 with a maximum of $110,000. A Police Officer would start at $35,000 with a maximum of $55,000. A Police Sergeant would start at $40,000 with a maximum of $60,000. A Police Lieutenant would start at $45,000 with a maximum of $65,000. A Police Captain would start at $60,000 with a maximum of $85,000. In building the budget, the minimum was not included in the budget. We started above the minimum and scaled the positions up. We will be using a point system to evaluate public safety applications. Councilmember Zahner Bailey asked how the ranges were arrived at for the salaries. City Treasurer Wolfe stated the Public Safety Steering Committee did an outstanding job at comparison analysis for public safety benefits. There is also a database called the Local Government Salary Exchange that is managed by the City of Alpharetta. It has all governmental positions listed along with high and low salaries. The classification plan being presented to the City is very competitive for the area that we are in. She discussed the employee benefit package. The goal was to design a benefit plan based on the wellness initiatives, enhance employee recruitment and retention, and staying within our financial resources. Being a new entity, our uniqueness would cause challenges in having providers give competitive rates knowing we have no claims history or experience in the costs of the programs. There are two philosophies to providing health benefits: broker environment and non -broker environment. In a broker environment, you procure a broker who acts on the City's behalf in knowing the market place and shopping the market place for competitive packages as well as costs. Afterwards, they become the liaison between employees and health insurance companies. The non -broker environmental boils back to staff. The staff would shop the environment and the employees would deal with the insurance companies directly. We chose to go owo with the broker environment. We did go through a selection process and chose Braden Benefits Strategies, Inc. based on their knowledge and contacts in the market. They placed an emphasis on wellness and agreed we should build our benefits plan around wellness. Special Called Meeting of the Milton City Council Thursday, November 30, 2006, 10:00 AM Page 15 of 19 *�* They sent our information to eight carriers. The following three carriers are recommended: Kaiser Permanente for Medical & Vision, The Principal Group for Dental, and Unum for Life & Disability. Three plans will be offered through Kaiser Permanente — POS, HMO Plan A, and HMO Plan E. The dental coverage is the standard policy. The employer contribution to the benefits is $500 per month per employee. The employee is responsible for the difference over that amount if the package is over $500. She went over the costs for each plan. Councilmember Mohrig asked if all these plans allowed healthcare reimbursement accounts. City Treasurer Wolfe stated that they spoke with Braden Benefits Strategies about flexible spending accounts. There are IRS regulations that require a certain number of participants. Once we begin to hire Public Safety in May, we can participate in the flexible spending accounts. All the benefits are pre -taxed. Councilmember Zahner Bailey asked in respect to public safety and fire, how these benefits compared to Fulton County. City Treasurer Wolfe stated it is hard to compare plan -to -plan coverage because the health insurance industry is very complex. She felt the plans were comprehensive and would cover what all surrounding jurisdictions plans did. It is hard to compare price per plan across all jurisdictions. Councilmember Zahner Bailey stated that it was important to note there was no medical underwriting. For the public safety and fire employees that transition into Milton, they will not have to undergo a medical underwriting. She stated that given the regulations of HIPPA, if you transition from one insurance company to another, there are no preexisting conditions. now Councilmember Mohrig stated without the health physical there are no preexisting conditions with this health insurance. City Treasurer Wolfe stated that was correct. As far as disability coverage, the cost is fully paid by the City. Short term disability is paid after seven days of disability at 66 2/3% of salary for a duration of sixteen weeks. The long term disability will be paid after sixteen weeks of disability at 60% of salary until Social Security retirement age. The life insurance is at three times the salary with a maximum of $300,000. The accidental death/dismemberment insurance is paid at three times the salary with a maximum of $300,000. Councilmember Zahner Bailey asked how the life insurance compares to Fulton County for Public Safety. City Treasurer Wolfe stated that it is actually a better benefit than Fulton County. The benefit is comparable to the City of Alpharetta and the City of Roswell. Also, no physicals are required for this life insurance. In the future, we would like to offer employees the option to purchase additional life insurance either for themselves or spouse and children. The employee would pay the premium for that option. Councilmember Zahner Bailey asked if that would be available after May 1. City Treasurer Wolfe stated that it would be available on or around May 1 based on what our employee base looks like at that point. As for the retirement benefits, the City will offer two benefits: a deferred compensation plan and a defined benefit plan. The deferred compensation will not be matched by the City at the moment. She went over the fine details of each plan. Councilmember Thurman asked about Georgia Municipal Association (GMA) administrative costs. acct City Treasurer Wolfe stated that GMA has low competitive administrative costs. A resolution will be coming to authorize GMA as the pension provider. Other benefits include tuition reimbursement of $3,000 per year, accrual of vacation leave hours, accrual of sick leave hours, bereavement leave of four days, and ten calendar holidays and two floating holidays. The accrual hours for vacation and sick are on a sliding scale. Years of relevant service from a Special Called Meeting of the Milton City Council Thursday, November 30,2006, 10:00 AM Page 16 of 19 .� recruited employee will be used to place them in a higher scale of accrual. Generally, benefits to salary are 40%. Staff has been able to structure a package that is at 28%. aw City Clerk Marchiafava asked for any public comments on this item. There was no public comment. Motion and Vote: Councilmember Mohrig moved to approve an Ordinance Adopting the Personnel Policy Handbook. Councilmember D'Aversa-Williams seconded the motion. There was no Council discussion. The motion passed unanimously. Approval of an Ordinance Annexing Arnold Mill Road Area Properties. Ordinance No. 06-11-70 (Second Reading) City Attorney Scott stated that this ordinance will annex 708.78 acres to the west of Arnold Mill Road. The City of Roswell has also annexed portions of this parcel in between our first and second readings. We are taking steps to work this out. This is an annexation under the 60% method and we have no choice but to continue along this line in terms of negotiating with Roswell. There are maps available to show the portions affected if anyone would like to view them. Mayor Lockwood asked for any public comments on this item. There was no public comment. Motion and Vote: Councilmember Mohrig moved to approve Ordinance Annexing Arnold Mill Road Area Properties. Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously. Approval of an Ordinance Annexing State Route 9 Properties. (Second Reading) Ordinance No. 06-11-71 City Attorney Scott stated that for clarification, the title of the ordinance is the Highway 9 Properties. This is an annexation by 100% method of the 30.32 acres on the south side of Highway 9 in the Alpharetta area. It is in the unincorporated Fulton County at this point. There were at least six or seven parcels that came to staff prior to the Council meeting on November 14. A complete package for annexation was presented and they made it clear they were not solicited and performed this on their own. Everything was in order and staff accepted the application and the second reading is today. Mayor Lockwood asked for any public comments on this item. There was no public comment. Councilmember Zahner Bailey stated that Mayor Lockwood did reach out to Mayor Letchus to make it clear that this was an annexation using the 100% annexation method and we did not pursue them, but the property owner pursued the Council. Motion and Vote: Councilmember Thurman moved to approve an Ordinance Annexing State Route 9 Properties. Councilmember D'Aversa-Williams seconded the motion. There was no Council discussion. The motion passed unanimously. Approval an Ordinance Annexing 12215 King Circle Property. (Added by Motion and Vote) Ordinance No. 06-11-51 (Second Reading) City Attorney Scott stated that this was one of the properties contained in the 100% parcel in the King Circle area. It was inadvertently omitted. Mayor Lockwood asked for any public comments on this item. There was no public comment. Motion and Vote: Councilmember Zahner Bailey moved to approve an Ordinance Annexing State Route 9 Properties. Councilmember Mohrig seconded the motion. There was no Council discussion. The motion passed unanimously. Special Called Meeting of the Milton City Council Thursday, November 30,2006, 10:00 AM Page 17 of 19 00" Approval an Ordinance Annexing 12530 Arnold Mill Road Property. (Added by Motion and Vote) Ordinance No. 06-11-52 (Second Reading) City Attorney Scott stated that this was discussed yesterday. It is located on the lower portion of Arnold Mill Road in the southwest corner of the City. This is a 100% method annexation. Mayor Lockwood asked for any public comments on this item. There was no public comment. Motion and Vote: Councilmember Mohrig moved to approve Ordinance Annexing State Route 9 Properties. Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously. Approval an Ordinance Annexing 13070 and 13080 Arnold Mill Road Property. (Added by Motion and Vote) Ordinance No. 06-11-53 (Second Reading) City Attorney Scott stated this is an annexation by the 100% method. These properties are Dr. Frazier's office and an animal hospital. Dr. Frazier's property was included in the 60% annexation passed earlier, but because of the controversy over that annexation and the conflict with Roswell, he asked for Milton to adopt it under the 100% method. Councilmember Thurman stated that these parcels were not included in any of the Roswell annexations already done. Dr. Frazier wanted to make sure he was annexed into Milton. He would be annexed twice: once under 60% and once under 100%. Mayor Lockwood asked for any public comments on this item. There was no public comment. Motion and Vote: Councilmember D'Aversa-Williams moved to approve an Ordinance Annexing State Route 9 Properties. Councilmember Mohrig seconded the motion. There was no Council discussion. The motion passed unanimously. Approval an Ordinance Annexing 12560 Arnold Mill Road Property. (Added by Motion and Vote) Ordinance No. 06-11-54 (Second Reading) City Attorney Scott stated that this is another parcel located at the lower portion of Arnold Mill Road. There is no dispute with Roswell over this parcel and it is under the 100% method. Mayor Lockwood asked for any public comments on this item. There was no public comment. Motion and Vote: Councilmember D'Aversa-Williams moved to approve an Ordinance Annexing State Route 9 Properties. Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously. Approval an Ordinance Annexing 12775 King Circle Property. (Added by Motion and Vote) Ordinance No. 06-11-55 (Second Reading) City Attorney Scott stated that this annex along with the next one was a cleanup on parcels that were omitted from the 100% annexation that we had signatures for. He was asking for it to be included now. """ Mayor Lockwood asked for any public comments on this item. There was no public comment. w.r Motion and Vote: Councilmember Zahner Bailey moved to approve Ordinance Annexing State Route 9 Properties. Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously. Special Called Meeting of the Milton City Council Thursday, November 30, 2006, 10:00 AM Page 18 of 19 Approval an Ordinance Annexing 12305 King Circle Property. (Added by Motion and Vote) ft" Ordinance No. 06-11-56 (Second Reading) Mayor Lockwood asked for any public comments on this item. There was no public comment. Motion and Vote: Councilmember Mohrig moved to approve an Ordinance Annexing State Route 9 Properties. Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously. NEW BUSINESS Mayor Lockwood stated there were no items under New Business at this time. MAYOR AND COUNCIL REPORTS There were no reports from the Mayor and Council. STAFF REPORTS City Manager Bovos reminded everyone about the raising of the welcome sign for Milton that will occur tomorrow and the photo opportunity on Monday. He spoke to Kay Love's Administrative Assistant earlier this morning with respect to discussions from last night. Kay Love is currently out of the office, but her AA will instruct her of a meeting set up for Monday or Tuesday. City Attorney Scott stated he had been asked by Council member Mohrig to make comments about membership on other boards. He gave the Council legal advice about membership in civic and community advocacy organizations. He knew that some Councilmembers were part of organizations that had some say so about the City of Milton with Fulton County. He wanted to advise them to be careful and consider whether they wanted to continue those affiliations because of the potential for conflict of interest. If one of those organizations had a disagreement with the City or developer and needed to come forward to be in a position of adversary or opposition of the City, it could put one in a conflict of interest situation. The Councilmember would have to be excused from consideration of that item. Georgia law requires one to leave the room during discussion. Councilmember Mohrig stated that he was Vice -President of the BARA and that he has resigned because the thinks it creates a conflict of interest. Councilmember Zahner Bailey stated that the same applies for others on the Council. Those movements have already taken place. Councilmember Thurman stated that whether or not there is a conflict of interest, we do not want it to be perceived as a conflict of interest. Councilmember Zahner Bailey stated that in terms of other Boards because she knows that there are some other Councilmembers that have already resigned and for a matter of record that it might be helpful to state Boards with other counties. City Attorney Scott stated that Councilmember Thurman resigned from the County's Zoning Appeal Board which was necessary. He is not suggesting that they resign from homeowners' associations, but some situations may have them excusing themselves. Acting Community Development Director Wilson stated that he will be transitioning out of the Community `w Development Director. He will stay connected to the City as needed. He introduced Mike Tuller as the new Community Development Manager. He is a certified planning professional who has worked with local governments for over ten years. Special Called Meeting of the Milton City Council Thursday, November 30, 2006, 10:00 AM Page 19 of 19 0-0 Community Development Manager Mike Tuller stated that he looks forward to using his past talents to help shape this City as it continues to evolve. am Councilmember Zahner Bailey thanked Acting Community Development Director Wilson for his time and talents with everything that he has done. ADJOURNMENT Motion and Vote: Councilmember Mohrig moved to adjourn. Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously. After no further business, the meeting adjourned at 12:00 PM. Date Approved: January 11, 2007 K-allette R. Marchiafava, City Clerk Joe Lockwood, a r