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HomeMy WebLinkAboutMinutes CC - 04/13/2009 - MINS 04 13 09 REG (Migrated from Optiview)Regular Meeting of the Milton City Council Monday, April 13, 2009 at 6:00 pm Page 1 of 17 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 Meeting of the Mayor and Council of the City of Milton was held on April 13, 2009 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION William Burke (retired), Reverend, Morning Star Chapel led the invocation. CALL TO ORDER Mayor Lockwood called the meeting to order. ROLL CALL City Clerk Marchiafava called the roll and made general announcements. Council Members Present: Councilmember Karen Thurman, Councilmember Julie Zahner Bailey, Councilmember Bill Lusk, Councilmember Burt Hewitt, Councilmember Tina D’Aversa, Council Member Absent: Councilmember Alan Tart was absent/excused. City Clerk Marchiafava read the following comments into the record for Councilmember Tart: He is currently in Monterey, California delivering a food safety workshop and a presentation at the Environmental Health Association Conference. His participation at that conference is mandatory. He wishes his fellow Council Members a productive meeting. PLEDGE OF ALLEGIANCE The Sons of the American Revolution led the Pledge of Allegiance. APPROVAL OF MEETING AGENDA Staff recommended the following changes to the meeting agenda. 1. Move from the Consent Agenda to New Business, Agenda Item No. 09-835, Approval of the renewal of the Intergovernmental Agreement for the provision of animal control services between Fulton County and the City of Milton. 2. Move Agenda Item No. 09-839 to after Reports and Presentations, Amendment of Resolution No. 09-03-85, a Resolution to Create a Committee to Serve as the Highway 9 Design guideline Committee for the Potential Revision to the Highway 9 Overlay District of the City o Milton Zoning Ordinance by Adding Committee Members. Motion and Vote: Councilmember Lusk moved to approve the meeting agenda, as amended. Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously 6-0. PUBLIC COMMENT Mayor Lockwood read the rules for Public Comment. • Public comment is a time for citizens to share information with the Mayor and City Council. • To provide input and opinions for any matter that is not scheduled for its own Public Hearing for today’s meeting. • There is no discussion on items on the Consent Agenda or First Presentation or from Council. • Each citizen who chooses to participate in Public Comment must complete a comment card and submit it to the City Clerk. • This is not a time to engage the Mayor or Council in discussion. • When your name is called please come forward and speak into the microphone stating your name and address for the record. Regular Meeting of the Milton City Council Monday, April 13, 2009, 6:00 PM Page 2 of 17 • You will have five minutes for remarks. There was no other Public Comment. CONSENT AGENDA City Clerk Marchiafava read the following Consent Agenda items. (Agenda Item No. 9-831) 1. Approval of the March 16, 2009 Regular Meeting Minutes. (Agenda Item No. 09.382) 2. Approval of an Agreement to Assign Office Lease. (Agenda Item No. 09-833) 3. Approval of a contract with Marriott Evergreen Conference Center for the retreat of the Mayor and Council. (Agenda Item No. 09-834) 4. Approval of the following plats: 1) The Manor 1-B revision Revise lot 9 2) The Hampshires II revision Add drainage easement 3) Pure Property minor plat create two lots Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda items. Councilmember D’Aversa seconded the motion. The motion passed unanimously 6-0. REPORTS AND PRESENTATIONS Patriots Day Proclamation Councilmember Lusk • Asked the Sons of the American Revolution Color Guard to come forward. • Read and presented the Proclamation to Bobby Shaw, President of the Piedmont Chapter of the Sons of the American Revolution. Georgia Cities Week Proclamation Mayor Lockwood • Read the Proclamation as a presentation to the City of Milton. Moved by Motion and Vote City Clerk Marchiafava read Agenda Item 09-839. Amendment of Resolution No. 09-03-85, A Resolution to Create a Committee to Serve as the Highway 9 Design Guideline Committee for the Potential Revision to the Highway 9 Overlay District of the City of Milton Zoning Ordinance by Adding Committee Members. RESOLUTION NO. 09-04-89 Regular Meeting of the Milton City Council Monday, April 13, 2009, 6:00 PM Page 3 of 17 Councilmember Zahner Bailey • Introduced John Bratten as her nominee for the Highway 9 Design Committee. • He has been a citizen in the City for almost 10 years. • He has an executive background. • Worked for Lucent Technologies and Microsoft. • Brings corporate and professionalism to the committee. • He is a former award recipient and board member of the greater Atlanta Council of the Boy Scout organization. • He is a current member of the Board of Junior Achievement of the State of Georgia. • He is President of the Bethany Green Homeowners Association. • He requested to be involved and it is a pleasure to have him. Motion and Vote: Councilmember D’Aversa moved to approve agenda item 09-839, Amendment of Resolution No. 09-03-85, a Resolution to Create a Committee to Serve as the Highway 9 Design Guideline Committee for the Potential Revision to the Highway 9 Overlay District of the City of Milton Zoning Ordinance by appointing John Bratten for District 2. Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously 6-0. Oath of Office Mayor Lockwood administered the Oath to John Bratten for the Highway 9 Design Guideline Committee. Mayor Lockwood • Thanked Mr. Bratten for his willingness to serve and wanted to take this opportunity to again thank everyone who volunteers for the City of Milton. PUBLIC HEARING City Clerk Marchiafava read the item. Public Hearing on solid Waste Management Plan and approval to submit Draft Solid Waste Management Plan on April 15, 2009 to Atlanta Regional Commission (ARC) and Department of Community Affairs (DCA). RESOLUTION NO. 09-04-88 City Manager Lagerbloom • This is similar to the plan presented at the first public hearing. • There have been some modifications. • It deals with the population numbers. • The timeline on this item closes June 30, 2009. • There are certain things that need to be accomplished before that time. • One is a sixty day period from when it is submitted to the DCA until we can bring it back before Council for adoption. • We need a Resolution allowing the transmittal. • The Resolution does not close the opportunity to make further edits to the plan. Regular Meeting of the Milton City Council Monday, April 13, 2009, 6:00 PM Page 4 of 17 • The consultant is comfortable with this draft. • The TARA committee is also comfortable with this draft. • We asked for approval of a Resolution to submit this to the DCA. Ed DiTomasso, Ecological Planning Group • This is the second of the two required public hearings. • We did not prepare a formal presentation, but wanted to allow for questions and comments. • The state requires that the Solid Waste Management Plans be updated every ten years. • There are several elements. • Waste reduction, waste collection, waste disposal, land limitation, public involvement, waste stream analysis and an implementation plan are of those elements. • As we go through the elements there are goals. • After the process of looking at the needs and goals, we produce the implementation plan which is an attempt to develop specific tasks and activities to address those goals and needs. • We are ready to submit the final draft to the state. • We had some new information on population and he wants to make sure everyone is comfortable with the numbers they are using. • The City’s GIS Department, ARC and Georgia Power had done some research and came up with a new number for the population of Milton. • The number was closer to 30,000. • The original numbers came from the City’s Comprehensive Plan and that projected population was not at 30,000 in the year 2018. • In terms of solid waste he thinks it is important to overestimate. • They use that to get an assurance form the landfills the City uses. • That population number is used to estimate the amount of tonnage that will produced in the City over time. • They landfills have to provide a letter saying they have the room to except that much waste from the City so by underestimating the number the City could run into problems down the road. • He thinks it is important for any City documents to have the same numbers. • It is his understanding the Comprehensive Plan will move forward with the same numbers they are proposing in the Solid Waste Plan. • Adopting the Resolution tonight will keep them on schedule. Councilmember Zahner Bailey • Asked if there were any cost component in terms of population projections over the next couple of years separate from capacity of the landfill. Ed DiTomasso Ecological Planning Group • Not to his knowledge. Councilmember Zahner Bailey • So it is just a capacity issue in terms of the landfill. • In terms of percentage of reduction, say we hear back from a landfill that there is not that capacity over time. At that point, it would impact us as a city in terms of what measures to put in place. Regular Meeting of the Milton City Council Monday, April 13, 2009, 6:00 PM Page 5 of 17 ED DiTomasso Ecological Planning Group • The City uses three different landfills. • In the plan it is broken up by the current percentage that goes to each of those landfills. Councilmember D’Aversa • Asked City Manager Lagerbloom where those numbers came from. City Manager Lagerbloom • The number came from three different places. • They came from our GIS department which used the data from LUCA. • Georgia Power through their division of Economic Development did their own research and it shows just over 30,000 and well as the ARC. • One of the things they will bring forward when the timing is such that they can is an option for Council to challenge the census data. Councilmember D’Aversa • Asked where the numbers they were going on prior to these numbers came from. City Manager Lagerbloom • Other than the census data, he is not sure. Ed DiTomasso Ecological Planning Group • Some of the numbers came from Fulton County’s demographic department. • With Milton being new, they are lacking some historical data for city limits. • How they get those numbers is by looking at historical trends and city growth. • They do not account for different patterns of growth so a lot of times they are dramatically under estimated. Councilmember D’Aversa • Asked what square mileage was used. Ed DiTomasso Ecological Planning Group • Thirty nine. Councilmember D’Aversa • She thought it should be larger and asked if he was using something different in terms of square mileage. Ed DiTomasso Ecological Planning Group • He used the city limits data from the GIS department. • He can recalculate it again just to confirm. Councilmember Lusk • Asked if he could explain the difference in housing units versus households. Regular Meeting of the Milton City Council Monday, April 13, 2009, 6:00 PM Page 6 of 17 Ed DiTomasso, Ecological Planning Group • The census defines the difference as an actual housing unit is the physical structure, whereas a duplex might be two households in one unit. Councilmember Zahner Bailey • She assumes they will have a different opportunity other than this meeting to better understand that population differential from the 23,000 to the 30,000 and how ARC arrived at it versus how Georgia Power arrived at it. Mayor Lockwood • Asked if the City Manager could forward those numbers to them and where they came from. City Manager Lagerbloom • Yes, he asked the GIS department to track down the methodology used with ARC and Georgia Power. • There will be a full discussion as to whether or not they elect to challenge the census number. • The Mayor is the only one the census would recognize a letter from so it will have to come before Council. Mayor Lockwood Asked if there was any public comment. City Clerk Marchiafava There was no public comment. Mayor Lockwood The public hearing is now closed. Motion and Vote: Councilmember Lusk moved to approve a Resolution to transmit Solid Waste Management Plan and approval to submit Draft Solid Waste Management Plan on April 15, 2009 to Atlanta Regional Commission (ARC) and Department of Community Affairs (DCA). Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously 6-0. FIRST PRESENTATION City Clerk Marchiafava read the following First Presentation items: (Agenda Item No. 09-836) 1. U09-02/VC09-02 - 15150 Birmingham Hwy, Application by Robb Nestor to obtain a use permit for a landscaping business on 3.926 acres at a density of 387.92 square feet per acre (Article 19.4.27). Applicant is also requesting concurrent variance to allow access from a local street (Article 19.4.27.B.1). (Agenda Item No. 09-837) 2. RZ09-01- To amend Article 33 “Signs” of the City of Milton Zoning Ordinance to clarify the height restriction of various signs and to amend the “Considerations” for sign variances. Regular Meeting of the Milton City Council Monday, April 13, 2009, 6:00 PM Page 7 of 17 (Agenda Item No. 09-838) 3. Approval of an Ordinance of the Mayor and Council of the City of Milton, Georgia, to allow a waiver of the penalty of the base amount of past due ad valorem taxes on a case by case basis, to allow for payment of past due ad valorem taxes in installments, and for other purposes. Motion and Vote: Councilmember D’Aversa moved to approve the First Presentation Items. Councilmember Hewitt seconded the motion. The motion passed unanimously 6-0. NEW BUSINESS City Clerk Marchiafava read agenda item 09-840. Approval of a contract with EDAW, Inc. to prepare and develop a Parks and Recreation Comprehensive Assessment for the City of Milton. Brad Chambers, Parks and Recreation Representative • It was a unanimous recommendation on the part of the review committee the EDAW Inc. be the firm to prepare and develop the comprehensive assessment. • Once the Parks and Recreation Advisory Board was created, they informed the Chairman of that committee and they approved the recommendation that EDAW, Inc. would be the firm selected. Councilmember Zahner Bailey • In Section 2.4 where it references the Birmingham Park, it talks about a master plan which was completed in late 2005. • She does not know that she would convey that master plan as having been completed. • There was a version a, b and c and then Fulton County took a stab at some compilation of those three but she does not think the community would view any of those as a final. • She would hope this contract is not presuming that Birmingham Master Plan is not contemplated as a final. • It is not a final from her perspective. • In reading the contract it gives the indication that they already have a master plan and she wants to make clear that we do not. • Asked if they could modify that language so it would be clear. City Manager Lagerbloom • He cannot speak for the firm that submitted the bid, but they can capture the comments Council wants changed and engage the consultant. • At face value, he does not see there would be an issue. Councilmember Zahner Bailey • When they think about a plan for over all park planning for all of Milton, she does not know if this contract contemplates a third party doing the final evaluation for what Birmingham would be. • She thinks it is important to have a clear understanding between this third party consultant and the advisory committee and Council and citizens as to what the next step will and will not entail. • In Section 2.4 is where it has the language that says that it was adopted by Fulton County in early 2006 and there was not a formal adoption by Fulton County. Regular Meeting of the Milton City Council Monday, April 13, 2009, 6:00 PM Page 8 of 17 Brad Chambers, Parks and Recreation Representative • That is a mistake. Councilmember Zahner Bailey • Also under Phase I development, it talks about the Fulton County Master Plan defines Phase I as including installation of utilities vehicular access, again that Fulton County Master Plan was not a final plan. • Because this contract contemplates a Phase I, she is concerned that part of this Phase I contract is predicated on the assumption that the master plan was a final. • She wants to make sure they are not entering into a contract that could be predicated on a different perspective about what was final with Fulton County and what was not. Councilmember D’Aversa • On that same page, she recommends removing the expected transfer of that park within this fiscal year given the new information from the EPA. Brad Chambers, Parks and Recreation Representative • This part of the contract was part of the original RFP that was written back in the Fall and they did not know that then. Councilmember D’Aversa • She thinks Providence Park should be taken a look at and included as a potential but at an arm’s length from that perspective. Councilmember Zahner Bailey • Under Section 4.0, it makes mention of the private providers etcetera and asked if there would also be some consideration of what our adjacent jurisdictions provide. • She knows the City of Alpharetta has done some analysis. • Asked if Section 4.0 was contemplating things that would look to adjacent jurisdictions. Brad Chambers, Parks and Recreation Representative • His thinking was rather than reinvent the wheel and paying other consultants, he can go to those directors and ask for their inventory. Councilmember Zahner Bailey • She was just hoping that data would be a part of this process so when they try to determine what are some of the best approaches or options to consider, the consultant would have access to that information, so when they are trying to determine the best use for our space, so we want to duplicate what is offered in other jurisdiction etcetera. • She thinks they need to reference the fact that information would need to be available to the third party. Brad Chambers, Parks and Recreation Representative • They have already started that with Fulton County and have that information on hand. • It will be easy to get that information from other departments. Regular Meeting of the Milton City Council Monday, April 13, 2009, 6:00 PM Page 9 of 17 Councilmember Zahner Bailey • In Section 5.0, design standards, she suggest that when they think about design standards she would hope that the Design Review Board would have the benefit of reviewing whatever standards come forward before they come as a final recommendation. • Where it talks about the consultant shall review and be familiar with the following documents, it mentions the bike and ped plan as well as the Birmingham Crossroads plan and she suggest they also insert several other documents that are available, the Northwest Fulton Overlay, the Rural Preservation Plan and the Crabapple Master Plan. • Under the manual shall include, but not be limited to, it seems they would also want to insert roadways and any potential building structures. • Under 6.1 where it talks about meetings, she asked if those were intended to be meeting with just the advisory committee or if it also contemplates this will be an outreach to the community and citizens. Brad Chambers, Parks and Recreation Representative • They have asked the consultant to have five meetings. • Two with the Advisory Board, a third would be a town hall meeting open to the public after they are in the process so they have something to present to the public, and then meeting with Council. • All of the meetings will be open to the public. Councilmember Thurman • Under Section 5.0, it says prepared by Georgia Tech Institute of Technology, it is just Georgia Institute of Technology or Georgia Tech. Councilmember Lusk • Going back to the compensation section, the base contract is $45,000 so anything above and beyond that is a change order. • In terms of the description of previous plans for Birmingham Park being approved by Fulton County and if that is the basis upon which the price was proposed, would there be an adjustment in their base price based on that. Brad Chambers, Parks and Recreation Representative • What we were doing with Birmingham Park was to make sure when the consultants were bidding on this knew that there was a plan and they would not have to go out and scope out this large piece of property that nobody had ever taken a look at before. • We wanted them to know there had been some preliminary work done in the past that they could refer to and that there was a document for that but nowhere does it say that is a plan they have to use. Councilmember Thurman • Asked if they would use more of the topographical data that was gathered prior to the plan, rather than just the plan itself. Brad Chambers, Parks and Recreation Representative • That and some of the aerials. Regular Meeting of the Milton City Council Monday, April 13, 2009, 6:00 PM Page 10 of 17 • This is not a design document. It is an assessment to take a look from an inventory standpoint. Councilmember Zahner Bailey • As it relates to the Birmingham Park, she thinks clarifying with the consultant that as a result they would not want to look at the 202 acres. There were four plans, a was more passive, B was more active, C was a combination of the two and then Fulton County had yet another version so she would hope all four of those plans would be shared in addition to all of the topographical data etcetera and not just what Fulton County may or may not have perceived as the final. • If the consultant were looking at their perception of a final plan, they might presume those uses that are identified were going to be end uses and that is why it is important. • We would not want them expending $45,000 of the City’s budget assuming we had already made decisions about certain fields and uses when we have not. Brad Chambers, Parks and Recreation Representative • The document that he has does reference those options that Councilmember Zahner Bailey is talking about and they would share it with the consultant. Councilmember Zahner Bailey • On the Phase I development, knowing that Fulton County’s approach toward the master plan was not what this body adopted, asked how the Phase I development under this contract going to evolve utilizing Fulton County’s documents or will they take a fresh look at what Phase I could be. Brad Chambers, Parks and Recreation Representative • He was going to encourage the Advisory Board to have a lot of input into this but his thinking was that they would take a look at the Birmingham Park document just to have as a starting point. • They would in turn realize the City has had an emphasis on wanting to do something at Birmingham Park sooner rather than later. Councilmember D’Aversa • Her initial thought was what is the initial end document that they will expect to see for the $45,000. Brad Chambers, Parks and Recreation Representative • He requested that it would be two documents. • One is the design standards because he thinks that is a document that should stand alone and be separate so that as the City of Milton builds parks in the future that document can be referred back too in the future and incorporated into any design for any park in the future. • That design standards manual would be what a park bench or signage would look like, etcetera. • The rest would be, here are the parks and facilities and building that the City of Milton has at present, here are the recommendations, cost estimates, staffing plans etcetera for what the City has in place right now. Motion and Second: Councilmember Hewitt moved to approve a contract with EDAW, Inc. to prepare and develop a Parks and Recreation Comprehensive Assessment for the City of Milton, with the following changes: Section 2.3, remove any reference to the transfer of the property as expected within Regular Meeting of the Milton City Council Monday, April 13, 2009, 6:00 PM Page 11 of 17 this fiscal year, Section 2.4, Birmingham Park to make plan plural to read plans and remove references to complete or not by Fulton County, section 5, paragraph 2, change it to the Georgia Institute of Technology. Councilmember Thurman seconded the motion. Discussion on the motion: Councilmember Zahner Bailey • Asked the maker of the motion that also within Section 5.0 under design standards to also reference the existing documents that would be a point of reference. Motion to Amend #1: Councilmember Hewitt moved to accept the amended motion by adding within Section 5.0 under design standards, reference existing documents, the Rural Preservation Plan, the Northwest Fulton Overlay otherwise referred to as the Milton Overlay and the Crabapple Master Plan made by Councilmember Zahner Bailey. Second: Councilmember Thurman amended her second to the motion. Discussion on the motion: Councilmember D’Aversa • Asked also to include other providers to be provided by the City an inventory of surrounding jurisdictions because it is so different than what Fulton County had developed. Brad Chambers, Parks and Recreation Representative • Asked if she wanted that in the contract or for them to do it. Councilmember D’Aversa • In the contract that they would use that as part of their assessment. Motion to Amend #2: Councilmember Hewitt moved to accept the second amendment to the motion to include under Section 4.0, include other providers to be provided by the City an inventory of surrounding jurisdictions made by Councilmember D’Aversa. Second: Councilmember Thurman approved the second amendment. There was no further discussion on the motion. Vote: The motion, as amended, passed unanimously 6-0. City Clerk Marchiafava read agenda item 09-841 Acceptance of Bethany Road Petition City Manager Lagerbloom • This is a petition that was submitted initially to Fulton County on March 25, 2005. • They want to bring the petition just so Council has an official opportunity to accept it if you so choose and to take it under advisement as decisions in the future. Motion and Second: Councilmember D’Aversa moved to accept the Bethany Road Petition. Councilmember Hewitt seconded the motion. Regular Meeting of the Milton City Council Monday, April 13, 2009, 6:00 PM Page 12 of 17 Discussion on the motion: City Manager Lagerbloom • So Council is aware, the petition request that the speed limit be reduced from 45 to 35. • If Council accepts this he would like to read a letter received from the state that confirms that the City of Milton has tried to do what the petition is asking for. • The e-mail is from district 7, Katie Mullens of the Georgia Department of Transportation. • She acknowledges in the e-mail, yes we received your request for Bethany Road to be lowered from 45 to 35. After we received your request and study the Georgia Department of Transportation reviewed this request as well as the City of Milton’s other request for additions, reductions of these roadways for speed detection. Calvin Duncan district traffic engineer, Elaine Stewart district traffic operations traffic engineer and myself all evaluated the roadway. The Georgia Department of Transportation is charged with reviewing these roadways not to set the speed limit but that the speed limit requested is a safe and appropriate speed limit for the roadway. After careful review of the roadway the department felt that 40 miles per hour is an appropriate speed limit for the roadway. The City of Milton can set the speed limit for 35 but the department will not approve the roadway for their speed detection device permit. I hope this answers your questions. • What he takes from this is we requested 35 and the State was willing to allow us to reduce that speed limit to 40. Mayor Lockwood • If we took it on ourselves and lowered it to 35 he asked the City Manager to explain what our jurisdiction and ability would be to monitor speed and radar. City Manager Lagerbloom • As was indicated in the e-mail, we do have the ability to set it at 35 but if we chose to do that, they would not authorize it to be a roadway at 35 and our speed detection permit which would mean any enforcement ability that we would have on that road would simply go away. • If we were to even be out there checking speeds and the State were to find out we were doing it, they could come in and remove our ability to run speed detection in the entire City. • As a recommendation, he would hate for us to give up our ability to enforce the speed limit on any of the roads in Milton. Vote: After no further discussion, the motion passed unanimously 6-0. City Clerk Marchiafava read agenda item 09-842. Approval for an application to the Department of Justice for 2009 COPS Hiring Grant. Matt Marietta, Assistant to the City Manager • The Department of Justice has a mirror program that is much the same thing as the SAFR grant to the Fire Department which has provided three firefighters to our city. • The funding as it currently stands with COPS (community, order and policing) program primarily is meant to provide officers to go out and set up neighborhood watches and specialized community oriented functions of the Police Department. • As part of the recovery and reinvestment act they have expanded the mandate of the COPS program. It can also help to defray potential layoffs and general hiring of police officers. Regular Meeting of the Milton City Council Monday, April 13, 2009, 6:00 PM Page 13 of 17 • The added benefit unlike the SAFR grant program there is no match for the grant period. • There will be a financial outlay on the City at the end of the grant period because you have to retain that employee a year after the grant is done. • There is no graduating, decreasing amount that the Federal Government supplies so we will get 100% of an entry level salary for whatever police officers we ask for, for three years and on the fourth year we have to assume those police officer positions if we are awarded the grant. • We would like to submit the grant for three positions. • Two to function in a community oriented capacity, and the third to be specifically allocated to supplement our field level police force. Councilmember Zahner Bailey • The document does reference the fact that in that fourth year the City would then have the cost of those three entry levels which is about $150,000. • Looking at that in addition the cost would include the cars and equipment. • Asked the City Manager to speak to our current budget and how we would anticipate having those funds allocated in that fourth year, as well as any funds we would need in the immediate. City Manager Lagerbloom • In looking at our police staffing it is well below any type of benchmark he can put it up against in terms of numbers per citizens. • We were exceptionally cautious not to overshoot with a grant like this. • He thinks the responsible thing to do is spread that out over the next three year to make sure the money is there for the fourth year and that would protect us in the event the economy does not change. • To pursue this there is some future financial impact. • At some point, we will have to bring information to Council to show we need more police officers in the department which is what the data is telling us. • Knowing that it would be nice to utilize the grant opportunity. • He is fairly confident they can budget for it so they can realize the benefit of the three years of salary dollars. Councilmember Zahner Bailey • It was critical to hear that currently your professional assessment, as well as those in our public Safety Department, are that we do need more police officers. Motion and Vote: Councilmember Thurman moved to approve agenda item 09-842, Approval for an Application to the Department of Justice for a 2009 COPS Hiring Grant. Councilmember Zahner Bailey seconded the motion. There was no Council discussion. The motion passed unanimously 6-0. City Clerk Marchiafava read agenda item 09-843. Approval of a Resolution of the City Council of Milton to Enter into a Contractual Agreement with ECOS Environmental Design, Inc. as the Comprehensive Plan/Committee Agenda Public Participation Facilitator. RESOLUTION NO. 09-04-90 Regular Meeting of the Milton City Council Monday, April 13, 2009, 6:00 PM Page 14 of 17 Community Development Director Wakefield • This is a request for Mayor and Council to approve a Resolution to enter into an agreement with ECOS Environmental Design firm for the purpose of serving as the Comprehensive Plan Committee Agenda Public facilitator. • Both CPAC and staff understand the importance of an objective and a comprehensive public participation process, therefore they ask for the assistance of a qualified consulting firm to facilitate a series of meetings. • That will be the only purpose of this consultant firm. • Basically the comprehensive plan will be up to CPAC and staff. • ECOS will be asked to facilitate a series of three meetings. • Two of those are open public meetings. • The first meeting is the planning meeting workshop with staff, CPAC Chairman, the City Manager and at least two addition CPAC members to lay out the plans for the two public meetings. • The two public meetings would be the visioning workshop. • They hope to schedule that meeting for mid May. • ECOS was the most responsible bidder out of five qualified bidders. • They have a lot of experience in public meetings and master planning, comprehensive planning. • She has worked with them on several projects while she was at Fulton County and an additional project while she was with the City of Atlanta. Councilmember Thurman • Asked if this was budgeted. Community Development Director Wakefield • Yes. Councilmember Zahner Bailey • With a unique community such as Milton asked if they had mostly done urban work or do they have experience in some of the more rural less urban environments. Community Development Director Wakefield • They did the initial master plan for Chattahoochee Hills. • They also did the Cedar Grove visioning master plan so they have a lot of experience in working in the smaller rural communities. Motion and Vote: Councilmember D’Aversa moved to approve agenda item 09-843, Approval of a Resolution of the City Council of Milton to enter into a contractual agreement with ECOS Environmental Design, Inc. as the Comprehensive Plan/Committee Agenda Public Participation Facilitator. Councilmember Thurman seconded the motion. There was no Council discussion. The motion passed unanimously 6-0. City Clerk Marchiafava read agenda item 09-835. Regular Meeting of the Milton City Council Monday, April 13, 2009, 6:00 PM Page 15 of 17 Moved by Motion and Vote Approval of the renewal of the Intergovernmental Agreement for the provision of animal control services between Fulton County and the City of Milton. City Manager Lagerbloom • What Council saw in their packets was Fulton County’s request to enter into another year renewal with Fulton County animal control. • If we chose not to do that the result would be to do it ourselves and that is not a business he would recommend getting in. • The reason he put it under New Business is he received a different contract from Fulton County than what was in their packet. • They want this back by next Monday night. • He asked Council to approve or adopt some version of a Resolution or a decision that allows the City to move forward with Fulton County as the animal control provider for the next year and we enter into some type of renewal that is contingent upon a legal review of the new contract. • We need some sort of approval so we can meet their deadline, but that it is contingent with the City Attorney’s level of comfort with the new contract. • It says that the first form we received did not take into consideration the attached Resolution establishing policy of the Board of Commissioners to require certain financial terms in future intergovernmental agreements. Councilmember Zahner Bailey • If we were to find that the City Attorney’s review produced something that was a concern, she asked if we could take the Resolution back off the table. City Manager Ken Jarrard • His recommendation would be that the motion be to approve it subject to approval by the City Manager and the City Attorney. • If there is anything problematic, he will bring it back. Councilmember Zahner Bailey • Asked if there was another option other than putting forward a contingent because of the time table. City Manager Lagerbloom • He does not know that we do other than going back to the County and asking if they are flexible on their deadline. Mayor Lockwood • He suggested to approve the Resolution and allow the City Manager and the City Attorney to review it. • The best thing to do is continue on and work with the County to renew this. Motion and Vote: Councilmember Zahner Bailey moved to approve agenda item 09-835, to approve the renewal of the Intergovernmental Agreement for the provision of animal control services between Fulton County and the City of Milton, contingent on a legal review by our City Attorney as well as a review by our City Manager and subject to approval of both the City Manager as well as the City Regular Meeting of the Milton City Council Monday, April 13, 2009, 6:00 PM Page 16 of 17 Attorney. Councilmember D’Aversa seconded the motion. There was no Council discussion. The motion passed unanimously 6-0. City Attorney Jarrard • If the City Manager and he feel comfortable with it they will send it to the Mayor for execution. MAYOR AND COUNCIL REPORTS There were no Mayor and Council reports. STAFF REPORTS City Manager Lagerbloom • The performance measurement system that has been contemplated and started is moving forward with a pilot process. • They decided to move forward with a pilot. Very candidly they decided they needed to start measuring 80% of something rather than 100% of nothing. • They continue to work on what good performance matrixes are. • They have at least started to collect and analyze some of that data. • We are going to move forward with ICMA’s national citizen survey. • It has been tested on a national level and it eliminates the argument that we ask questions because we wanted to guide what answers we were getting. • Even the best performance measurement system in the world that might diagram what our efficiencies are, we largely value our success based on what our citizens think of the way we are serving them. • We will talk more about it at the work session. • The facilitator for the upcoming retreat has asked for contact phone numbers and e-mail addresses from each of the Council Members. • He will provide the facilitator that list. • We have had a change in our Public Works Director. • Carter Lucas is with us on a full time basis until we convince him to stay or we can find a more permanent Public Works Director replacement. • Carter has a great background in Public Works and was Roswell’s principal engineer. He understands the public works business really well. • We have also had a change in the Code Enforcement position. • Deidra Jones was not able to be here because she is on vacation. • We had more than 26 trees down across roadways from the storms which really taxed our Public Safety and they responded well. • In reference to the newspaper articles regarding financial information, we have responded as needed to those articles. • His quotes were accurate in the paper. • The exercise staff has gone through is to create a two case scenario, either a doomsday scenario or a less than doomsday, which would mean that our finances for this fiscal year would require little modification. • We are just like every other city. • He sat with 96 other City Managers a couple of weeks ago and they spent a whole day talking about where the cities were with relation to our finances. • We are taking a proactive stance in making sure we analyze our finances on almost a daily basis. Regular Meeting of the Milton City Council Monday, April 13, 2009, 6:00 PM Page 17 of 17 • We recognize we have a partnership between our public and private components of the city. • We have not relied solely upon those that we control as city assets in realizing that we might need to make some financial modifications and we have and continue to have good discussions with the private contractor as it relates to how we navigate through this fiscal year. • There has been some frustration over the last month since we have had a Council meeting. • There were questions as to what exactly is going on and what kind of information we could share with Council on an immediate timeline. • He offers his open door and the ability to schedule some type of recurring meeting, whether it be once every two weeks, which would probably be sufficient, if that is something Council would like to do. • Maybe have an hour that occurs at the same time that they can plan for and he would welcome their involvement where they could carne in and sit down and talk about items. Mayor Lockwood He and Chris were discussing having a scheduled meeting with Council and he would just ask everyone to respect Chris's time keeping it to an hour if possible, but also giving him plenty of notice if there is a conflict in your schedule and you cannot make it. If every member of Council took one hour a week of Chris time, all of a sudden he is down to a four day work week instead of five. EXECUTIVE SESSION The purpose of the Executive Session is to discuss potential litigation and personnel. City Attorney Jarrard • Asked if they could include possible land acquisition in the Executive Session discussion. Motion and Vote: Councilmember Zahner Bailey moved to adjourn into Executive Session to discuss potential litigation, personnel, and possible land acquisition at 7:50 p.m. Councilmember Hewitt seconded the motion. There was no Council discussion. The motion passed unanimously 6-0. RECONVENE Motion and Vote: Councilmember Hewitt moved to reconvene the Regular Meeting at 9:10 p.m. Councilmember Zahner Bailey seconded the motion. The motion passed unanimously 6-0. ADJOURNMENT After no further business, the meeting adjourned at 9:12 pm. Motion and Vote: Councilmember Zahner Bailey moved to adjourn the Regular Meeting. Councilmember Lusk seconded the motion. The motion passed unanimously 6-0. Date Approved: April 27, 2009 �J�earchiafava, City Clerk Joe Lockwo ayor