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HomeMy WebLinkAboutMinutes CC - 02/01/2007 - MINS 02 01 07 REG (Migrated from Optiview)Regular Meeting of the Milton City Council Thursday, February 1, 2007 Page 1 of 10 Regular Meeting of the Mayor and City Council of the City of Milton was held on February 1, 2007 at 7:00 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. Additionally, those wishing to provide public comment 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 need to be turned in to the Clerk. City Clerk Marchiafava called the roll. Councilmembers Present: Mayor Joe Lockwood, Councilmember Karen Thurman, Councilmember Julie Zahner Bailey, Councilmember Lusk, Councilmember O’Brien, 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 announced one change to the swearing in of the enforcement officers, and stated that Greg Wilson, Program and Community Services Director, could not be in attendance, but will be sworn in on February 15, 2007, and also Melissa Henderson has been added and will take an oath this evening. Motion: Councilmember Lusk moved to approve the meeting agenda with the following amendment: 1) Remove the name of Greg Wilson and add the name of Melissa Henderson to the Administration of Oath of Office. Second and Vote: Councilmember Zahner Bailey seconded the motion. There was no Council discussion. The motion passed unanimously. PUBLIC COMMENT Mayor Lockwood stated that public comment is a time for citizens to share information with the Mayor and City Council and to provide input and opinion on a matter that is not scheduled for its own public hearing. Each citizen that chooses to participate in public comment must complete a public comment card and submit it to the City Clerk. Mayor advised that this is not a time to engage the Mayor or members of the City Council in conversation. He advised that when the name was called to come in to the microphone stating your name and address for record. Each person will have 3 minutes for remarks. Spencer Coleman, 225 Trotter Run, Milton, GA 30004, asked when was the light at Arnold Mill and New Providence going to be installed. City Manager Bovos responded and stated that at this time there was no answer to this question. He advised Mr. Coleman that the City will be happy to get back with him in a few days. Councilmember Zahner Bailey asked Mr. Coleman if he was getting his merit badge for Boy Scouts and Spencer replied that he was. Spencer was welcomed by Council and Mayor. Regular Meeting of the Milton City Council Thursday, February 1, 2007 Page 2 of 10 REPORTS AND PRESENTATIONS Administration of Oath of Office: (Administered by the Mayor) a) Enforcement Officers: Tom Wilson, Mike Tuller, Jimmy Sanders, Mark Law, Mark Aral, Roddy Motes, Abbie Jones, and Melissa Henderson Mayor Lockwood administered the Oath of Office to Enforcement Officers: Tom Wilson, Mike Tuller, Jimmy Sanders, Mark Law, Mark Aral, Roddy Motes, Abbie Jones and Melissa Henderson. CONSENT AGENDA 1. Approval of the December 21, 2006 Regular Minutes. Motion and Vote: Councilmember Mohrig moved to approve the Consent Agenda. Councilmember Lusk seconded the motion. The motion passed unanimously. FIRST PRESENTATION 1. Approval of an Ordinance to Adopt a Georgia Department of Transportation Construction Specifications, Online Edition, as amended. 2 Approval of an Ordinance to Amend Chapter 16, Streets and Sidewalks, of the Code of Ordinances for the City of Milton. 3. Approval of an Ordinance to Amend Chapter 9, Building Code, of the Code of Ordinances for the City of Milton. 4. Approval of an Ordinance to Amend Article 12H.2 of the City of Milton Zoning Ordinance regarding the City of Milton Northwest Fulton overlay District Design Review Board. 5. Approval of an Ordinance Establishing the City of Milton Planning Commission. 6. Approval of an Ordinance Establishing the City of Milton Northwest Fulton Overlay District Design Review Board. 7. Approval of an Ordinance Establishing the City of Milton Board of Zoning Appeals. 8. Approval of an Ordinance Establishing the City of Milton Construction Board of Adjustment and Appeals. 9. Approval of an Ordinance Establishing the City of Milton Alcohol Beverage License Review Board. 10. Approval of an Ordinance Amending Chapter 2, Administration, Meeting Times, of the City of Milton Code of Ordinances. 11. An Ordinance Amending Article 19.4.1, 19.4.2 and Article 33, Section 25 (G) the City Ordinance regarding permitting adult entertainment establishments and billboards. Motion and Vote: Councilmember O’Brien moved to approve the First Presentations. Councilmember D’Aversa-Williams seconded the motion. The motion passed unanimously. Regular Meeting of the Milton City Council Thursday, February 1, 2007 Page 3 of 10 UNFINISHED BUSINESS Approval of an Ordinance Regulating Sexually-Oriented Businesses and Related Ordinance (Second Reading) Ordinance No. 07-02-05 City Attorney Mark Scott stated that in order to pass this Ordinance he has called on someone who is a bit more of an expert in this field than he was. He introduced James “Jim” Friedewald. Mr. Friedewald is a sole practitioner in Marietta and has assisted the City of Sandy Springs and Johns Creek with their similar ordinances, as well as Cobb County and the City of Marietta. He has quite a bit experience in this area. Councilmember Zahner Bailey stated as a point of information she knows that there are some young people in the audience this evening, so she wanted to take caution regarding the next topic. She advised that it may or may not be appropriate for certain age groups to hear this item and wanted to make that point. Attorney James Friedewald stated that these proceedings were being recorded and will be typed up, transcribed, and put with file in case there is any litigation later. He understood everyone was provided previously with the City of Milton Evidence of Secondary Affects of Sexually- Oriented Businesses, which has numerous studies and cases on it. It was important that they review that document, because this needed to be known before it is passed. We will discuss three things. The first is the sexually-oriented business license and the part of the zoning ordinance that deals with that, and then the part of the alcoholic beverage ordinance that deals with that. Going quickly to the alcoholic beverage ordinance, there is a section that talks about the types of entertainment attire and conduct prohibited. It is a relatively short section, but it prohibits alcoholic beverages at sexually-oriented business places. The secondary effect will come into that part of the Commission passing that ordinance. Secondly, he stated that the City of Milton’s ordinance dealing with sexually-oriented businesses has the same preambles and the same things that he was going to talk about, which again, deals with secondary effects and which would allow City Council to regulate. He stated they cannot prohibit it, but they can regulate it. He stated that before they got started, it would probably come to no surprise because lawyers are always remanding things. He said that the ordinance he used had a different way of appealing what the hearing officers decided. He said that they had found, at least in Cobb County, Kennesaw, and Sandy Springs that they wanted to make sure that they had to appeal by Writ of Certiorari to the Superior Court. It closes the record, it is a record appeal. He indicated that it makes the case cheaper and cleaner. This just changes the method of appeal. He requested that they could follow along while he read the “whereas paragraphs” of the ordinance: WHEREAS, sexually oriented businesses require special supervision from the public safety agencies of the City in order to protect and preserve the health, safety, and welfare of the patrons of such businesses as well as the citizens of the City; and WHEREAS, the City Council finds that sexually oriented businesses, as a category of establishments, are frequently used for unlawful sexual activities, including prostitution and sexual liaisons of a casual nature; and WHEREAS, there is convincing documented evidence that sexually oriented businesses, as a category of establishments, have deleterious secondary effects and are often associated with crime and adverse effects on surrounding properties; and Regular Meeting of the Milton City Council Thursday, February 1, 2007 Page 4 of 10 WHEREAS, the City Council desires to minimize and control these adverse effects and thereby protect the health, safety, and welfare of the citizenry; protect the citizens from crime; preserve the quality of life; preserve the character of surrounding neighborhoods and deter the spread of urban blight; and WHEREAS, the City recognizes its constitutional duty to interpret, construe, and amend its laws to comply with constitutional requirements as they are announced; and WHEREAS, with the passage of any Ordinance, the City and the City Council accept as binding the applicability of general principles of criminal and civil law and procedure and the rights and obligations under the United States and Georgia Constitutions, Georgia Code, and the Georgia Rules of Civil and Criminal Procedure; and WHEREAS, it is not the intent of this Ordinance to suppress any speech activities protected by the U.S. Constitution or the Georgia Constitution, but to enact legislation to further the content-neutral governmental interests of the City, to wit, the controlling of secondary effects of sexually oriented businesses. NOW, THEREFORE, the Council of the City of Milton hereby ordains that the following Ordinance be enacted: Section 1. Rationale and Findings. (a) Purpose. It is the purpose of this Ordinance to regulate sexually oriented businesses in order to promote the health, safety, moral, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious secondary effects of sexually oriented businesses within the City. The provisions of this Ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content or reasonable access to any communicative materials, including sexually oriented materials. Similarly, it is neither the intent nor effect of this Ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this Ordinance to condone or legitimize the distribution of obscene material. (b) Findings and Rationale. Based on evidence of the adverse secondary effects of adult uses presented in hearings and in reports made available to the City Council, and on findings, interpretations, and narrowing constructions incorporated in the cases (stated he was not going to cite all of the cases, as they were provided to Council), and based upon reports concerning secondary effects occurring in and around sexually oriented businesses (stated not going to read all these as well, as provided). (1) Sexually oriented businesses, as a category of commercial uses, are associated with a wide variety of adverse secondary effects including, but not limited to, personal and property crimes, prostitution, potential spread of disease, lewdness, public indecency, obscenity, illicit drug use and drug trafficking, negative impacts on surrounding properties, urban blight, litter, and sexual assault and exploitation. (2) Sexually oriented businesses should be separated from sensitive land uses to minimize the impact of their secondary effects upon such uses, and should be separated from other sexually oriented businesses, to minimize the secondary effects associated with such uses and to prevent an unnecessary concentration of sexually oriented businesses in one area. (3) Each of the foregoing negative secondary effects constitutes a harm which the City has a substantial government interest in preventing and/or abating. This substantial government interest in preventing secondary effects, which is the City’s rationale for this Ordinance, exists independent of any comparative analysis between sexually oriented and non-sexually oriented businesses. Additionally, the City’s interest in regulating sexually oriented businesses extends to preventing future secondary effects of either current or future sexually oriented businesses that may locate in the City. The City finds that the cases and documentation relied on in this Ordinance are reasonably believed to be relevant to said secondary effects. Regular Meeting of the Milton City Council Thursday, February 1, 2007 Page 5 of 10 Attorney James Friedewald: Stated he felt it would be appropriate for a motion to adopt this document as amended. That would include the sexually-oriented business, ordinance, the zoning ordinance as it pertains to sexually-oriented businesses and the alcohol beverage ordinance. Motion and Second: Councilmember Thurman moved to approve the First Presentation items listed above. Councilmember D’Aversa-Williams seconded the motion. Mayor Lockwood stated we have a Motion to approve the Second Reading of an Ordinance regulated sexually-oriented businesses and related Ordinances, as amended. He asked if there was any Council discussion. Discussion on the Motion: Councilmember Lusk asked for clarification from James Friedewald if Council was also approving the signage ordinance and the zoning ordinance, as they are amended and as they relate to this ordinance. City Attorney Scott stated that James Friedewald did not know anything about that. This was on first reading tonight and it will be on the agenda for the work session next week. The Second Reading is scheduled for the 15th. Councilmember Lusk asked if all of the case law that was cited, could James Friedewald say if all of the cases, did the municipalities prevail. Attorney James Friedewald responded that his bet was no. The case law – you may not prevail - but they may have some law that is favorable and still go on to another case. He stated that the pertinent part is not who prevailed, but the findings by the court. That may sound strange. Generally, his bet was the answer is no, but that was not the purpose of the case and the language that was favorable to adopting this ordinance. Councilmember Lusk asked if there were any other ordinances fashioned or crafted in this same manner, aside from Johns Creek that were defended. Attorney James Friedewald responded yes, all of them. Generally, these ordinances are upheld. Councilmember D’Aversa-Williams stated that she had a general interest question because it had been all over the news and everyone in the public, including them, has heard about the Johns Creek situation. She asked why did he feel they are having such a challenge with this and does he believe it was because they did not have the ordinance. Attorney James Friedewald responded that he did not think that was the problem. He felt the problem was the personality that wants to open the business. He said that as everyone knew, or he believed everyone knew, he was trying to open to get grand-fathered, so he was doing that in Fulton County. Ultimately, he felt the ordinance would be withheld. Councilmember D’Aversa-Williams stated that originally it was because he was looking for grand-fathering and they did not have their ordinance to start with as a city and that was why he was able to open the business. Attorney James Friedewald responded and stated that they could not have the ordinance because the city was not incorporated. As soon as the time for the city to be incorporated came, they had the ordinance in place. They could not have moved any faster. Councilmember Zahner Bailey thanked Attorney James Friedewald for coming this evening. Referring to Section 21, with regards to the intended market, she requested his opinion as to whether or not in Section 21 (2), talking about 1,000 feet and gives some various examples where a business of this type of operation would not be allowed. She asked does a secondary school automatically include middle and high school. The reason for her question was to make Regular Meeting of the Milton City Council Thursday, February 1, 2007 Page 6 of 10 sure that the listing of categories is complete enough as it results or relates to young people, so that is the direction of some of her questions. Right now, it says that public, elementary or secondary and she wondered if that automatically included (on page 20) secondary and high school regarding the location of sexually-oriented businesses. Attorney James Friedewald commented that public or private, elementary or secondary schools, so that would include both of them. Councilmember Zahner Bailey asked if it would be his legal opinion that they could include bus stops. She stated her focus was to determine whether this particular grouping was extensive enough. She asked can Council include 1000 feet from a daycare center, 1000 feet from bus stops, could it also include 1000 feet from other child-oriented facilities like YMCAs or dance studios, places where young people were not the intended market. Could Council include as a part of the evening’s approval, some of these additional elements that may have been intended, but not expressly languaged here. Attorney James Friedewald responded that the answer was yes. They could be included, but rather not at this point. He wanted to do some research on that first. He ran into this in Cobb County in an adult entertainment litigation matter. He found that it was too many restrictions and there had to be places where they can operate. They had to amend the ordinance in the middle of litigation to reduce the 1000 feet down to 500 feet to allow them to have places to operate. Certainly, a motion can be made to add those things and he would defend it if it gets to be a problem. But, he would rather work with City Attorney Scott on it and see what the ordinance looks like after this is done. He believed it was a good point. Councilmember Zahner Bailey asked about measurement and stated that she believes the more clarity is there, the better. She appreciated James Friedewald’s indulgence and asked if the 1000 measurement was typically from a boundary line, a parcel on which another use may be located, or is that instead considered door-to-door. She hoped it was boundary line, but was not clear. Councilmember Thurman: stated that it is boundary line. She asked that when you are looking into the issue of daycares, to consider private recreational facilities that tend to be youth-oriented because those are in the City and she would like for those to be included when doing research. Councilmember Zahner Bailey asked about the timing at Section 13. Right now, there is no restriction as to the allowances of these businesses operating on Sunday. It would appear, if she reads it correctly, that it can occur on Sundays. She asked would it be possible to prohibit the operation of these businesses on Sunday. Attorney James Friedewald replied by stating what is going to happen is they are not going to open up if they cannot have alcohol, and if they are not going to have alcohol, he would not have them operating on Sunday. Councilmember Zahner Bailey stated that she knew some of these businesses operated on Sunday, even though they did not serve alcohol. She did not want to make the presumption that a business of that nature would not believe there to be a market even if alcohol was not served. This was the nature of her concern. She knows that Attorney Friedewald was going to be doing some additional research with the City Attorney, but given this was being adopted this evening she is concerned about operations on Sunday and also concerned about the 12:00 to 6:00 a.m. time period. That seemed awfully expansive, but understood it had to be balanced. Attorney James Friedewald stated that the problem you run into is this type of activity has a certain speech component to it, and it is protected by the U.S. Constitution. That is why it is difficult. He understood what she was saying and he would see if they could adjust it a bit. Mayor Joe Lockwood asked if there was any other discussion. There was none. The Mayor thanked Attorney James Friedewald. Motion: Councilmember Thurman moved to approve the Ordinance Regulating Sexually-Oriented Business and Related Offenses with Related Ordinances with Section 11(b) amended as follows: Any appeal to the decision of the Hearing Officer shall be to the Fulton Superior Court by writ of certiorari and filed within thirty (30) days of such decision. The City shall consent to Regular Meeting of the Milton City Council Thursday, February 1, 2007 Page 7 of 10 expedited briefing and/or disposition of the action, shall comply with any expedited schedule set by the court, and shall facilitate prompt, judicial review of the proceedings. The following shall apply to any sexually oriented business that is lawfully operating as a sexually oriented business, or any sexually oriented business employee that is lawfully employed as a sexually oriented business employee, on the date on which the completed business or employee application, as applicable, if filed with the City Clerk: Upon the filing of any court action to appeal the City’s denial, suspension, or revocation decision, the City Clerk shall immediately issue the respondent a Provisional License. The Provisional License shall allow the respondent to continue operation of the sexually oriented business or to continue employment as a sexually oriented business employee and will expire upon the court’s entry of a judgment on the respondent’s appeal. The Provisional License shall not be construed to provide the applicant with any substantive right, entitlement, or claim of estoppel beyond the ability to operate until the court enters judgment on the respondent’s appeal. Second and Vote: Councilmember D’Aversa-Williams seconded the motion. There was no Council discussion. The motion passed unanimously. NEW BUSINESS Approval of a Resolution and Resolution for Supplemental Leases for a Master Lease Agreement and Supplemental Lease Agreement with Georgia Municipal Association for Facilitation of Public Safety Equipment Purchases. Resolution No. 07-02-06 and Resolution No. 07-02-07 City Treasurer Carol Wolfe stated that the staff recommendations tonight included the adoption of two Resolutions. The first is for a Master Lease Agreement with Georgia Municipal Association. The second Resolution is a Supplemental Lease Agreement in the amount of $3,169,794.00 to fund the purchase of public safety equipment. The initial deployment of the public safety operations as you know, requires the purchase of specific equipment, which by nature, is expensive equipment to include fire apparatus, police pursuit vehicles, communication equipment, safety equipment, etc. The most economical way to fund this type of capital purchase is through a capital lease program. The preparation for the issuance of a capital lease RSQ0701 read and advertised on November 15, and due back to the city on November 29th. Rate quotes were received from six financial institutions for the capital lease and the results of the bid calculations were submitted. The lowest three rate quotes were 4/100th of a percent from one another. With an insignificant amount of interest involved, they took the three lowest rate quotes and really evaluated the bid according to the flexibility of the lease terms. Based on that, she recommended the capital lease be awarded to BB&T, who is the financial conduit to the Georgia Municipal Association’s Capital Lease Program. The GMA lease program is very flexible and allows the choice of payment terms, and want annual payments. It actually allows the City to choose when the first annual payment would be due. There are pre-payment fees, no balloon payments, and the way they work their lease programs is to first adopt a master lease agreement. This stipulates the City official and in this case, the City Manager, will effectuate subsequent supplemental lease agreements. The master lease agreement has no money attached to it, and simply says that you authorize the City Manager to effectuate the supplemental lease agreements that will be for specific amounts of money. The second Resolution tonight will be the Supplemental Lease Agreement for the $3.1 million dollars for the public safety equipment. Along with the bid calculation is a list of items with estimated costs for the public safety equipment that will be used for these proceeds to purchase. She asked if there were any questions about the lease programs, Master Lease Agreement or Supplemental Lease Agreement. Regular Meeting of the Milton City Council Thursday, February 1, 2007 Page 8 of 10 Mayor Lockwood requested a was a motion and second to approve a Resolution for a Master Lease Agreement and Supplemental Lease Agreement with Georgia Municipal Association for facilitation of the Public Safety Equipment Purchase. City Treasurer Wolfe requested that they resolutions be voted on separately. Motion and Vote: Councilmember Mohrig moved to approve the Resolution for Supplemental Lease for a Master Lease Agreement. Councilmember Lusk seconded the motion. There was no Council discussion. The motion passed unanimously. Motion and Vote: Councilmember O’Brien moved to approve the Resolution for Supplemental Lease Agreement with the Georgia Municipal Association for Facilitation of Public Safety Equipment Purchases. Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously. Approval of a Resolution to set Qualifying Fees for the 2007 Municipal Elections. Resolution No. 07-02-08 City Clerk Jeanette Marchiafava stated that in compliance with House Bill 1470, the City of Milton will hold elections for Council Seats District 2, District 4, and District 6 in 2007. Georgia Election Code, Section 21-2- 131(a)(1) provides that the qualifying fees shall be fixed not later than February 1st of any year a general election is to be held, and state law provides that such fees shall be 3% of the total gross salary of the office in the preceding year if a salaried office. The following qualifying fee shall apply to candidates seeking a municipal office in the election to be held on November 6, 2007. The City Council fee is $390.00. This fee will be published in a newspaper of general circulation. Motion and Vote: Councilmember Mohrig moved to approve the Resolution to Set Qualifying Fees for the 2007 Municipal Election. Councilmember D’Aversa-Williams seconded the motion. There was no Council discussion. The motion passed unanimously. Consideration of Rescheduling the following meetings: 1) April 5, 2007 (reschedule to April 12) 2) April 12, 2007 Work Session (reschedule to April 26) 3) July 5, 2007 (Cancelled) City Clerk Marchiafava requested consideration to reschedule the following meetings: reschedule the April 5, 2007 to April 12, reschedule the April 12 work session to April 26, and cancel the July 5, 2007 regular meeting. Motion and Vote: Councilmember D’Aversa Williams moved to approve rescheduling the April 5, 2007 to April 12, 2007, reschedule the April 12, 2007 Work Session to April 26, 2007, and cancel the July 5, 2007 regular meeting. Councilmember Lusk seconded the motion. There was no Council discussion. The motion passed unanimously. MAYOR AND COUNCIL REPORTS Mayor Joe Lockwood stated he had one announcement that Ron Tesch with Milton High School has requested a meeting with the Mayor and as many City Council members as possible on Monday, at 10:00 a.m. at Milton High School. Mr. Tesch would like to discuss the noise ordinance and, basically, go over the functions of the school, powers, and the timing of those events. City Manager Aaron Bovos stated that if there would be a quorum present, it will need to be published as an open meeting. He asked that members advise who is going to attend in advance so that publication can be made. Councilmember Mohrig asked the Mayor if that was the following Monday. Mayor responded that it was. Councilmember Lusk asked the Mayor if that time was flexible and the Mayor responded that it could be flexible. Regular Meeting of the Milton City Council Thursday, February 1, 2007 Page 9 of 10 Councilmember Thurman stated that she preferred it be at 9:00 a.m. instead of 10:00 a.m. She said that working downtown makes it a little easier at 10:00. Councilmember Mohrig stated that he would prefer it to be earlier than later. Mayor Joe Lockwood asked if any Councilmembers new that they could attend on the 5th. Affirmative responses were received from Councilmember Thurman, Councilmember Mohrig, Councilmember O’Brien, and Councilmember Zahner Bailey. The Mayor stated that there was a quorum and the meeting would be published. He will also request that the time be changed. Councilmember Thurman stated that she spoke with State Representative Jan Jones, and she indicated she had put in a request for the City for the defibrillator. She said she would not know until later on, but wanted Council to know that it had been requested. Councilmember Lusk stated that he had a meeting with some homeowners and other interested people regarding a traffic calming issue at the Crooked Creek Subdivision. Briefly, the background was that they had worked for a very long period of time out of concern for speed, as well as timing of traffic through the subdivision, They were continuing to work with the Milton staff and believed that they were making considerable progress, where they were a bit frustrated in the past. They have researched this matter and have clearly indicated their desires. If there is anything further on this issue, he will share with Council and staff. STAFF REPORTS City Manager Aaron Bovos stated that he did have a Councilmember today indicate that they are not going to be able to attend next Friday’s retreat, so will need to reschedule that due to his desire to have complete attendance at that event. His Projects Assistant Linda Blow will begin to work on that scheduling process. He wanted everyone to be aware of that particular change. Update on Local Government Meetings – Bill Doughty Communications Manager Bill Doughty stated that he had an update on scheduling the local government meeting he was asked to facilitate. These outreach meetings are with Council’s elected counterparts in various neighboring jurisdictions and asked for their direction. In connecting the government agencies, he discovered a couple of challenges. One is that several of the county commissions and city council hold executive sessions immediately following their meetings. He tried to set these up at their convenience and come before one of their meetings. Also, at least one of these jurisdictions has their meeting on the same evening as ours. It has been a scheduling challenge, but had some responses. Cherokee County had offered us the date of February 20th at 5:00 p.m. He indicated he had sent out a message a couple of weeks ago, noting that time and date and asking for availability, but only received one response. Johns Creek proposed the date of Monday, March 5th, and he still needed to get a time on that one, and the Fulton County Board of Education had counter-proposed and had offered to have Superintendent James Wilson, the Milton Area Board of Education Representative, and as many other Representatives that could be available to come here prior to one of our meetings, and had offered the date of February 8th. He indicated these were what he had received responses on so far and asked Council if they wished him to proceed with these. If so, he asked them to get with him afterwards to tell him from the dates offered, who would be available. He would have to get back with them on the February 8th date. He was not sure if they were clear that we started at 5:00 and needs to follow-up. ADJOURNMENT Motion and Vote: Councilmember Thurman moved to adjourn. Councilmember D’Aversa-Williams seconded the motion. There was no Council discussion. The motion passed unanimously. Regular Meeting of the Milton City Council Thursday, February 1, 2007 Page 10 of 10 After no further business, the meeting adjourned at 7:51 PM. Date Approved: March 1, 2007 _______ Jeanette R. Marchiafava, City Clerk Joe Lockwood, Mayor