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HomeMy WebLinkAboutMinutes CC - 09/06/2007 - MINS 09 06 07 REG (Migrated from Optiview)Regular Meeting of the Milton City Council Thursday, September 6, 2007 at 7:00 pm Page 1 of 7 This summary is provided as a convenience and service to the public, media, and staff. It is not the intent to transcribe proceedings verbatim. Any reproduction of this summary must include this notice. Public comments are noted and heard by Council, but not quoted. This document includes limited presentation by Council and invited speakers in summary form. This is an official record of the Milton City Council Meeting proceedings. Official Meetings are audio recorded. The Regular Council meeting of the Mayor and Council of the City of Milton was held on September 6, 2007 at 7:00 PM, Mayor Joe Lockwood presiding. INVOCATION Reverend John London, Pastor of New Millennium Church, gave the invocation. ROLL CALL City Clerk Marchiafava called the roll. Councilmembers Present: Councilmember Karen Thurman, Councilmember Julie Zahner Bailey, Councilmember Bill Lusk, Councilmember Tina D’Aversa-Williams, Councilmember Neal O’Brien, and Councilmember Rick Mohrig. PLEDGE OF ALLEGIANCE Mayor Lockwood led the Pledge of Allegiance APPROVAL OF MEETING AGENDA City Clerk Marchiafava read Agenda Item No. 07-364. Approval of the Meeting Agenda. Motion: Councilmember Mohrig moved to approve the Meeting Agenda as amended: 1. Remove Health Insurance update for City Employees from Staff Reports. 2. Add Update on the Milton Roundup to Staff Reports. Second and Vote: Councilmember D’Aversa seconded the motion. The motion passed unanimously. PUBLIC COMMENT Mayor Lockwood read the rules for Public Comment. City Clerk Marchiafava called the public comment: Leon Cole, 16700 Birmingham Hwy, Milton, regarding the Ethics Ordinance changes consisting of an email from City Attorney, his remarks, and an email he sent to City Council. Maryann Barry, 3043 Oakside Circle, Milton, regarding a person who was banging on their door at the Orchards and also problems at the Wal-Mart. REPORTS AND PRESENTATIONS Milton Public Safety Fund Joe Creamer gave a report that the Milton Public Safety Fund, Inc. is a non-profit Georgia corporation and was established on June 20, 2007. They have a Board of Directors and officers. He explained the purpose of the fund is to assist the Public Safety Department and to ensure that every Milton police officer and firefighter is qualified, trained, equipped, and educated to perform at the highest level of professional standards. They promote community Regular Meeting of the Milton City Council Thursday, September 6, 2007 at 7:00 pm Page 2 of 7 outreach, serve as liaisons between public and private sectors on matters of public safety. They also help identify public safety programs desired by the community and help in efforts to reduce crime in the area. Presentation of Public Safety Ladder Truck. Public Safety Director Lagerbloom made a presentation of the ladder truck to the Mayor and Council in the parking lot of City Hall. There were also photos shown to the public and specific traits of the truck were explained. CONSENT AGENDA City Clerk Marchiafava read the Consent Agenda: 1. Agenda Item No. 07-329, Approval of the April 26, 2007 Work Session Meeting Minutes. 2. Agenda Item No. 07-352, Approval of the June 21, 2007 Regular Meeting Minutes. 3. Agenda Item No. 07-353, Approval of the July 12, 2007 Work Session Minutes. 4. Agenda item No. 07-354, Approval of the July 12, 2007 Regular Meeting Minutes. 5. Agenda item No. 07-355, Approval of the August 2, 2007 Regular Meeting Minutes. Motion and Vote: Councilmember Mohrig moved to approve the Consent Agenda. Councilmember Zahner Bailey seconded the motion. The motion passed unanimously. ZONING AGENDA City Clerk Marchiafava read Agenda Item No. 07-292. RZ07-006, Text Amendment to Article 33.25 of the City of Milton Zoning Ordinance - flag pole height. This the second reading. Community Development Director Tom Wilson said this ordinance increases the maximum height of 20 feet to 25 feet. Staff recommends approval. . City Clerk Marchiafava said there was no public comment on this item. Motion and Vote: Councilmember Thurman moved to approve RZ07-006, Text Amendment to Article 33.25 of the City of Milton Zoning Ordinance - flag pole height. Councilmember D’Aversa seconded the motion. There was no Council discussion. The motion passed unanimously. PUBLIC HEARINGS Public Hearing on an Ordinance to adopt adjustments to the Fiscal 2007 Budget for each fund of the City of Milton, Georgia. City Treasurer Wolfe gave an overview of the budget adjustments to the Fiscal Budget, 2007. She went over the changes to date. Councilmember D’Aversa made statements regarding the additional attorney fees and wanted to know if the August invoices had been received. She asked if there is a final number yet as to the final costs on the legal budget. She wanted to know if the City Attorney had an idea of what the next invoices will be. City Treasurer Wolfe said she has the July invoice, but does not have the August and September bills yet, but that those will be forthcoming. City Attorney Mark Scott said we are no longer dealing with personnel issues, so the August invoice will be close to the July invoice. But, there will also be additional fees for the ethics board meeting hearings. Regular Meeting of the Milton City Council Thursday, September 6, 2007 at 7:00 pm Page 3 of 7 City Treasurer Wolfe said she believes that after talking with the City Attorney that this final adjustment should be enough to cover the remaining legal invoices. However, unknowns are always a possibility. Councilmember Thurman said if we are under budget those excess fees will roll over to the Fund balance. Councilmember D’Aversa said she hopes we will be very prudent during the remainder of this year’s spending. Acting City Manager Lagerbloom said he does believe these are good numbers. There was further discussion regarding concerns for the additional amounts and going forward expenditures should be kept in line with the budgeted amount. City Attorney Scott said there are areas that can be cut for legal fees and those are the length of all meetings and that is an area that the seven members can control. Another area is the Ethics Board and making changes to keep these costs down. This is the first year and he does not believe there was a good idea in the beginning on what we would face, such as the annexation costs. He said he also gets a lot of calls from the Council that he does not bill the City for. Mayor Lockwood said we all realize there were many start-up costs that we did not anticipate, but we need to be mindful to keep these costs down. He told the City Attorney that if he sees ideas where we could cut costs in the future, that he brings these forward. Councilmember Lusk discussed ways to further reduce the legal bills and also that changes to the Ethics Ordinance should reduce these costs. Public Hearing on Ordinance to adopt the Fiscal 2008 Budget for each fund of the City of Milton, Georgia. Acting City Manager Lagerbloom said this budget is something he is comfortable with. He believes there have been some good and frugal decisions for the 2008 budget. He is happy to bring this budget forward. City Treasurer Wolfe gave an overview of the proposed 2008 Budget and went over each department. Councilmember Lusk asked about lease payments and was that one lump sum. City Treasurer Wolfe said that is one payment due in January every year and will fluctuate year to year. Councilmember Thurman asked if we have settled up with Fulton County. City Treasurer Wolfe said we pay Fulton County for several services and then we have outstanding intergovernmental agreements. We pay them on an on-going basis for animal control, the water for our parks, and for a lease of Fire Station 33. These are items she recommends we continue to pay because they are exchange revenue. Our policy states we need to have a 16% reserve built into the fund. We have a period of six years to build up to that reserve amount. We hope to meet that goal before the six years. This equates to $2.5 million. We invest these funds in Georgia Fund One, a State investment pool. We have a money market with the Bank of North Georgia. City Clerk Marchiafava read an email into the record from George O’Neal, Sr. concerning the need to prioritize installing a stoplight at the intersection of Hopewell, Cogburn, and Francis Roads and requested this be included in the budget. Break: Mayor Lockwood called for a motion to take a 5-minute break. Regular Meeting of the Milton City Council Thursday, September 6, 2007 at 7:00 pm Page 4 of 7 Motion and Vote: Councilmember Lusk moved to take a break at this time. The motion was seconded by Councilmember O’Brien. There was no Council discussion. The motion passed unanimously. Reconvene: Mayor Lockwood reconvened the meeting. He announced that the next agenda items are First Presentations. Based on the fact that he is involved in Item No. 07-356, the one regarding the Bank building, he recused himself and requested that Mayor Pro Tem Thurman preside over this item. FIRST PRESENTATION City Clerk Marchiafava read the first presentations: 1. Agenda item No. 07-356, RZ07-010 -13941-13945 Highway 9 North, to develop three (3) office buildings with a bank in one (1) 14,104 square-foot two-story building and two (2) 7,000 square-foot buildings for a total of 28,104 square feet at a total density of 5,332 square feet per acre. 2. Agenda item No. 07-357, ZM07-003/VC07-009 -to modify Condition 2.a., to revise the approved site plan, dated January 31, 2006 (ZM06-007) to add a swimming pool and small cabana with restrooms. To request a concurrent variance to reduce the 100-foot setback to 15 feet from any residential building, adjoining property line or street.(Article 19.3.12.B.3). 3. Agenda item No. 07-358, Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to adopt adjustments to the Fiscal 2007 Budget for each fund of the City of Milton, Georgia amending the amounts shown in each budget as expenditures, amending several items of revenue anticipations, prohibiting expenditures to exceed appropriations, and prohibiting expenditures to exceed actual funding available. 4. Agenda item No. 07-358, Approval of an Ordinance of the Mayor and Council to reaffirm the Emergency 911 Charge on Milton phone bills. 5. Agenda item No. 07-360, Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to adopt the fiscal 2008 Budget for each fund of the City of Milton, Georgia appropriating the amounts shown in each budget as expenditures, adopting several items of revenue anticipations, prohibiting expenditures to exceed appropriations, and prohibiting expenditures to exceed actual funding available. Motion and Vote: Councilmember Zahner Bailey moved to approve the First Presentation items listed above. Councilmember Mohrig seconded the motion. The motion passed unanimously (6-0-1) by those present for the vote with Mayor Lockwood recused. At this time Mayor Lockwood returned to the meeting. UNFINISHED BUSINESS City Clerk Marchiafava read item no. 07-333. Approval of an Ordinance Amending Chapter 6, Code of Ethics and Standards of Conduct. (Second Reading) Ordinance No. 07-08-36 City Attorney Scott said this is the final version of this ordinance. The Ethics Board has reviewed it and approved it. A lot of time has been spent on finishing this ordinance. The key changes are: • Added intent and related standards for section 11, Prohibited Conduct. There are requirements which need to be met. • Added a section for intentionally violating any provisions of the City Charter. Regular Meeting of the Milton City Council Thursday, September 6, 2007 at 7:00 pm Page 5 of 7 • There is a general polishing of procedural policies and addressing some discrepancies in terms as to as to what the Ethics Board is to do. • We also noted the need to hire outside counsel in case someone on the Council is the subject of an ethics complaint so we have put that in the ordinance. • Procedures for hearing complaints. • Requirement for Rule 11 Standards, which is the Georgia and Federal Rule of Federal Procedure which states your complaint is well founded before it is filed. • Section 21, we took out the old section for waiver of confidentiality because due to Open Meetings law, you cannot have confidential meetings. We have replaced this with a portion of wrongful use of Ethics Board and also wrongful use of Code of Ethics. • In 22A, we have addressed what Mr. Cole had asked to be included regarding frivolous complaints. • We have also added several definitions to the ordinance. City Attorney Scott explained some scenarios which might apply to the changes made. He gave credit to the Ethics Board for all their help. Councilmember Thurman asked if this is the final version that was reviewed and approved by the Ethics Committee. City Attorney Scott stated there have been a few minor changes made, but the only changes made since they saw it were some grammatical changes. Councilmember D’Aversa asked for a change to inform members of the Council of these complaints. The Ethics Board was very grateful for their opportunity to have input into this final draft. Public Comment: Leon Cole, 16700 Birmingham Highway asked City Clerk Marchiafava to read the following into the minutes: “Section 17 of this proposed amended Ordinance contains the following language: Every ethics complaint filed shall contain the following statement: I have read the complaint and aver that the facts contained therein are true to the best of my knowledge and belief and I am aware that the Ethics Ordinance that created the Ethics Board authorizes the Board to impose penalties for filing a frivolous complaint including without limitations, dismissal of the complaint, criminal prosecution for perjury, and/or payment of costs associated with the handling and processing of the complaint. It is my opinion that the above, in and of itself, might have a chilling effect for someone who might file a valid ethics complaint since it is part of a sworn and notarized statement. To offset this chilling effect, please consider adding the last sentence of Section 22(a): Wrongful Use of the Code of Ethics, which state: A person has not filed a frivolous complaint if he/she reasonably believes that facts exist to support the claim and either reasonably believes that under those facts the complaint is valid under the Code or acts upon the advice of counsel sought in good faith and given after full disclosure of all relevant facts within his/her knowledge and information. Please consider adding the above statement to the sworn and notarized complaint requirement.” Cary Schlenke, 490 the Hermitage Drive, asked about the reimbursement of funds for attorney’s fees to Council when they are involved in an ethics complaint and wanted to know if it is in the ordinance. City Attorney Scott asked if he should respond and Mayor Lockwood responded affirmatively. City Attorney Scott said that is not contained in this ordinance nor in the previous ordinance. City Clerk Marchiafava said that concludes public comment. Motion and Vote: Councilmember Thurman moved to approve an Ordinance Amending Chapter 6, Code of Ethics and Standards of Conduct. Councilmember Lusk seconded the motion. There was no Council discussion. The motion passed unanimously. Regular Meeting of the Milton City Council Thursday, September 6, 2007 at 7:00 pm Page 6 of 7 NEW BUSINESS City Clerk Marchiafava read Item No. 07-361. Approval of a Resolution indicating the desire to transfer the authority from the State of Georgia and the responsibilities of the Office of the Insurance and Safety Fire Commissioner to the City of Milton. Resolution No. 07-09-59 Deputy Director Charles Millican explained this resolution will transfer the authority to the City of Milton. This will allow us to be immediately responsive to our citizens. Motion and Vote: Councilmember O’Brien moved to approve a Resolution indicating the desire to transfer the authority from the State of Georgia and the responsibilities of the Office of the Insurance and Safety Fire Commissioner to the City of Milton. Councilmember D’Aversa seconded the motion. There was no Council discussion. The motion passed unanimously. City Clerk Marchiafava read Item No. 07-362. Approval for City Clerk Jeanette Marchiafava to serve as Chief Municipal Registrar and Absentee Ballot Clerk, and approval for Deputy City Clerk Evyonne Browning to serve as Deputy Municipal Registrar. City Clerk Marchiafava stated that the Georgia Election Code requires that the appointment of the Registrar be verified in the Mayor and Council minutes and provides for the appointment of an Absentee Ballot Clerk. Motion and Vote: Councilmember Lusk moved to approve City Clerk Jeanette Marchiafava to serve as Chief Municipal Registrar and Absentee Ballot Clerk and approval for Deputy City Clerk Evyonne Browning to serve as Deputy Municipal Registrar. Councilmember Mohrig seconded the motion. There was no Council discussion. The motion passed unanimously. City Clerk Marchiafava read Item No. 07-363. Approval of a Resolution to submit a grant application to the Department of Homeland Security for the Staffing for Adequate Fire and Emergency Response (SAFER) grant program for funding of three firefighters over a five year period. Resolution No. 07-09-60 City Treasurer Wolfe asked the Council to adopt this resolution and she explained the grant program. The government will pay 90% in first year, 80% in year two, 50% in year three, 40% in year four, and in year five there will be no Federal share at that point. The match is $27,345 and in return for that we will receive $115,455 from the Federal Government. This is a five year commitment. Motion and Vote: Councilmember Mohrig moved to approve a Resolution to submit a grant application to the Department of Homeland Security for the Staffing for Adequate Fire and Emergency Response (SAFER) grant program for funding of three firefighters over a five year period. Councilmember Lusk seconded the motion. There was no Council discussion. The motion passed unanimously. MAYOR AND COUNCIL REPORTS Councilmember Mohrig said as one of seven and speaking on behalf of all of them, he wanted to thank Carol Wolfe for the great job she has done for the City and wished her well. STAFF REPORTS City Clerk Marchiafava said the Health Insurance Update for City Employees was removed by motion and vote. Regular Meeting ofthe Milton City Council Thursday, September 6,2007 at 7:OO pm Page 7 of 7 City Clerk Marchiafava said that the next item was added by motion and vote. Update on the Milton Roundup Project Coordinator Linda Blow and Communications Manager Lisa Maggart gave an update on the Round- up birthday celebration that will be forthcoming on September 29, 2007. Acting City Manager Lagerbloom suggested that the City hold a town hall meeting, September 18,2007, to hold a forum to go over the newly mailed tax bills. This will give adequate time to get this advertised and get the word out. The Councilmembers were-in agreement to move forward. Update on the Muscular Dystrophy Association Boot Drive Acting City Manager Lagerbloom gave an update on the Muscular Dystrophy Association Boot Drive. The Milton Firefighters raised the highest amount of money in the Atlanta area, which was over $37,000. EW,m SESSTON City Clerk Marchiafara read Item No. 07-365. Executive Session and the purpose is to discuss personnel. Motion and Vote: Councilmember Mohrig moved to adjourned into Executive Session at 9:22 pm. Councilmember O'Brien seconded the motion. There was no Council discussion. The motion passed unanimously. ADJOURN EXECUTIVE SESSION Motion and Vote: Mayor Lockwood moved to adjourn the Executive Session at 10:37 pm. Councilmember D' Aversa seconded the motion. There was no Council discussion. The motion passed unanimously. RECONVENE Mayor hkwood said he would like to reconvene the regular meeting and asked if there was a motion. Motion and Vote: Councilmember Thurman moved to reconvene the Regular Meeting at 10:40 pm. Councilmember Mohrig seconded the motion. There was no Council discussion. The motion passed unanimously. Mayor Lackwood stated this concludes the regular meeting. Motion and Vote: Councilmember O'Brien moved to adjourn the September 6, 2007 Regular Meeting. CounciImember Lusk seconded the motion. There was no Council discussion. The motion passed unanimously. ARer no further business, the meeting adjourned at 10:41 pm. Date Approved: October 1 8,2007. 4\ l\clZClllku4*.y, ~danekeR. Marchiafava, City Clerk