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HomeMy WebLinkAbout01-06-10 PacketPage 1 of 5 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Julie Zahner Bailey Bill Lusk Burt Hewitt Joe Longoria Alan Tart Wednesday, January 6, 2010 Regular Council Meeting Agenda 6:00 PM INVOCATION 1) CALL TO ORDER 2) ADMINISTER OATH OF OFFICE TO ELECTED OFFICIALS 3) ELECTION OF THE MAYOR PRO TEMPORE 4) ROLL CALL 5) PLEDGE OF ALLEGIANCE (Led by the Mayor) 6) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 10-1015) 7) PUBLIC COMMENT 8) CONSENT AGENDA 1. Approval of the December 14, 2009 Special Called Meeting Minutes. (Agenda Item No. 10-1016) (Sudie Gordon, Deputy City Clerk) 2. Approval of the December 21, 2009 Regular Meeting Minutes. (Agenda Item No. 10-1017) (Sudie Gordon, Deputy City Clerk) MILTON CITY COUNCIL REGULAR MEETING AGENDA JANUARY 6, 2010 – 6:00 PM Page 2 of 5 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 9) REPORTS AND PRESENTATIONS 1. A Proclamation for the Stacey Ann Boe Memorial Fund. (Presented by Matt Marietta) 2. A Proclamation recognizing the Milton Fire Department’s TLAER Unit. (Presented by Matt Marietta) 10) FIRST PRESENTATION 1. RZ09-05 - 12645 Birmingham Hwy (SR 372) McRae and Stoltz, Inc. is requesting a rezoning from C -1 (Community Business) to C-1 (Community Business) to change the use from an antique store to general commercial uses (salon) within the existing structure. (Agenda Item No. 10-1018) (Presented by Robyn MacDonald, Community Development) 11) PUBLIC HEARINGS 12) ZONING AGENDA 13) UNFINISHED BUSINESS 1. Approval of an Ordinance to Amend Chapter 4, Municipal Court, by adding a new section entitled A Pre-Trial Intervention and Diversion Program to be administered by the City of Milton Solicitor’s Office for the purpose of ending the repeat offenses of theft by shoplifting, underage possession of alcohol, disorderly conduct, and other miscellaneous misdemeanor and traffic offenses through the education of eligible defendants; and for other purposes. (Agenda Item No. 09-1005) (Presented by Fran Shoenthal, Municipal Court Solicitor) 2. Approval of a Resolution To Authorize The Use Of The City Of Mustang Logo By Athletic Teams Playing At Bell Memorial Park Pursuant To Agreements With The City Of Milton. (This Item was deferred on December 21, 2009) (Agenda Item No. 09-1012) (Presented by City Manager, Chris Lagerbloom) 14) NEW BUSINESS 1. Approval of a Resolution Reappointing Barry L. Zimmerman as Chief Judge of the Municipal Court for the City of Milton Georgia. (Agenda Item No. 10-1019) (Presented by Chris Lagerbloom, City Manager) MILTON CITY COUNCIL REGULAR MEETING AGENDA JANUARY 6, 2010 – 6:00 PM Page 3 of 5 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Approval of a Resolution Reappointing Brian A. Hansford as Associate Judge of the Municipal Court for the City of Milton Georgia. (Agenda Item No. 10-1020) (Presented by Chris Lagerbloom, City Manager) 3. Approval of a Resolution Appointing Sudie AM Gordon as Interim City Clerk. (Agenda Item No. 10-1021) (Presented by Chris Lagerbloom, City Manager) 4. Approval of a Resolution Amending Resolution No. 08-04-33, A Resolution Reappointing Members to The City of Milton Board of Zoning Appeals. (Agenda Item No. 10-1022) (Presented by Chris Lagerbloom, City Manager) 5. Approval of a Resolution Amending Resolution No. 09-05-94, A Resolution Reappointing Members to The City of Milton Advisory Committee for the City of Milton Comprehensive Plan Update. (Agenda Item No. 10-1023) (Presented by Chris Lagerbloom, City Manager) 6. Approval of a Resolution Amending Resolution No. 08-02-10, A Resolution Reappointing Members to The City of Milton Construction Board of Adjustment and Appeals. (Agenda Item No. 10-1024) (Presented by Chris Lagerbloom, City Manager) 7. Approval of a Resolution Amending Resolution No. 09-11-110, A Resolution Reappointing Members to The City of Milton Design Review Board. (Agenda Item No. 10-1025) (Presented by Chris Lagerbloom, City Manager) 8. Approval of a Resolution Amending Resolution No. 09-04-30, A Resolution Reappointing Members to The City of Milton Planning Commission. (Agenda Item No. 10-1026) (Presented by Chris Lagerbloom, City Manager) 9. Approval of a Resolution Amending Resolution No. 08-04-36, A Resolution Reappointing Members to The City of Milton Board of Ethics. (Agenda Item No. 10-1027) (Presented by Chris Lagerbloom, City Manager) 10. Approval of a Resolution Amending Resolution No. 09-04-89, A Resolution Reappointing Members to The City of Milton Highway 9 Design Guideline Committee. (Agenda Item No. 10-1028) MILTON CITY COUNCIL REGULAR MEETING AGENDA JANUARY 6, 2010 – 6:00 PM Page 4 of 5 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. (Presented by Chris Lagerbloom, City Manager) 11. Approval of a Resolution Amending Resolution No. 09-01-72, A Resolution Reappointing Members to The City of Milton Parks and Recreation Advisory Board. (Agenda Item No. 10-1029) (Presented by Chris Lagerbloom, City Manager) 12. Approval of a Resolution Amending Resolution No. 08-04-34, A Resolution Reappointing Members to the Citizen’s Participation Group for Potential Revision to the Milton Tree Ordinance and Administrative Guidelines. (Agenda Item No. 10-1030) (Presented by Chris Lagerbloom, City Manager) 13. Approval of a Resolution Amending Resolution No. 09-03-85, A Resolution Reappointing Members to the Advisory Committee for The City of Milton Concept Plans for the Intersections of Birmingham at Providence and Arnold Mill at New Providence. (Agenda Item No. 10-1031) (Presented by Chris Lagerbloom, City Manager) 14. Approval of a Resolution Amending Resolution No. 09-11-111, A Resolution Reappointing Members to The City of Milton Transportation Stakeholders Advisory Committee. (Agenda Item No. 10-1032) (Presented by Chris Lagerbloom, City Manager) 15. Approval of a Resolution Amending Resolution No. 08-04-32, A Resolution Reappointing Members to The City of Milton Bicycle and Pedestrian Committee. (Agenda Item No. 10-1033) (Presented by Chris Lagerbloom, City Manager) 16. Approval of a Resolution Amending Resolution No. 09-04-91, A Resolution Reappointing Members to The Historic Preservation Committee For Development Of A Historic Preservation Ordinance For The City Of Milton. (Agenda Item No. 10-1034) (Presented by Chris Lagerbloom, City Manager) 17. Approval of a Resolution to Provide for the Appointment of Individuals to Milton Grows Green’s Governing Board and for Other Designated Purposes. (Agenda Item No. 10-1035) (Presented by Chris Lagerbloom, City Manager and Councilmember Zahner Bailey) 18. Approval of a Resolution Requesting That Keep Georgia Beautiful and Keep America Beautiful Accept and Recognize Milton Grows Green as The City of Milton’s Affiliate for Those Programs; and for Other Designated Purposes. (Agenda Item No. 10-1036) MILTON CITY COUNCIL REGULAR MEETING AGENDA JANUARY 6, 2010 – 6:00 PM Page 5 of 5 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Suite E Milton, GA 30004 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. (Presented by Chris Lagerbloom, City Manager and Councilmember Zahner Bailey) 15) MAYOR AND COUNCIL REPORTS 16) STAFF REPORTS 17) EXECUTIVE SESSION (As needed) 18) ADJOURNMENT (Agenda Item No. 10-1037) The minutes will be Provided electronically WHEREAS, The government of the City of Milton is founded upon active citizen involvement and relies on the community for establishing a vision of how the various City departments will evolve during these formative years; and WHEREAS, Over the past few years, Milton Fire Department has developed a unique skill in its Technical Large Animal Emergency Rescue unit (or “TLAER”), which has served the community and the surrounding jurisdiction in affecting the rescue of numerous trapped or stranded animals, including several horses rescued in Sandy Springs’ Huntcliff Subdivision during the September 2009 floods ; and WHEREAS, Community support for this highly specialized function has proven an essential partner in bringing the TLAER unit to their current level of proficiency, including the purchase of life-sized horse mannequin, which is an essential training tool; and WHEREAS, In support of this essential training mannequin (affectionately known as “Lucky the Horse”), the Stacey Ann Boe Memorial Fund has made a generous contribution toward the Fire Department’s purchase of “Lucky,” thereby positively contributing to the further formation of Milton’s unique character. NOW, THEREFORE, We, the Mayor and City Council of the City of Milton, hereby proclaim and applaud the Stacey Ann Boe Memorial Fund, Nancy and Ralph Boe, and its benefactors for this generous support and do urge all citizens to join in this celebration. Given under my hand and Seal of the City of Milton, Georgia on the 6th day of January, 2010. __________________________ Joe Lockwood, Mayor (Seal) WHEREAS, The City of Milton is founded upon active citizen involvement and relies on the community for establishing a vision of how the various City departments will evolve during these formative years of our government; and WHEREAS, Over the past few years, the Milton Fire Department has developed a unique skill in its Technical Large Animal Emergency Rescue unit (or “TLAER”) that has served the community and the surrounding jurisdiction in affecting the rescue of numerous trapped or stranded animals, including several horses rescued during the September 2009 floods ; and WHEREAS, Community support for this highly specialized function has proven an essential partner in bringing the TLAER unit to their current level of proficiency, including the purchase of a life-sized horse mannequin, which is an essential training tool; and WHEREAS, Each year, the Little River Animal Hospital conducts a fundraiser for various philanthropic purposes in the North Fulton area; and WHEREAS, In support of the TLAER unit and its need for this training mannequin (affectionately known as “Lucky the Horse”), the Little River Animal Hospital has made a generous contribution toward the Fire Department’s purchase of “Lucky,” thereby positively contributing to the further formation of Milton’s unique character. NOW, THEREFORE, We, the Mayor and City Council of the City of Milton, hereby proclaim and applaud the Little River Animal Hospital, Dr. J Mize and the charity’s benefactors for this generous support, and do urge all citizens to join in this celebration. Given under my hand and Seal of the City of Milton, Georgia on the 6th day of January, 2010. __________________________ Joe Lockwood, Mayor (Seal) Prepared by the Community Development Department for the City of Milton Mayor and City Council on January 7, 2010 (First Presentation) *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 12/30/2009 RZ09-05 Page 1 of 19 R/A Z86-283 PETITION NUMBER(S): RZ09-05 PROPERTY INFORMATION ADDRESS 12645 Birmingham Hwy (SR 372) DISTRICT, LAND LOT 2/2, 1134 OVERLAY DISTRICT Crabapple EXISTING ZONING C-1 (Community Business) Z86-283 REQUESTED ZONING C-1 (Community Business) ACRES 2.42 EXISTING USE Architecture Office (approved for only antique store) PROPOSED USE Salon within the existing structure OWNER/APPLICANT McRae & Stoltz Inc. ADDRESS 7 South Main Street Alpharetta, GA 30004 COMMUNITY DEVELOPMENT RECOMMENDATION APPROVAL CONDITIONAL (Staff notes that the Planning Commission heard this petition on December 16, 2009 but voted to defer the request to a special called meeting on January 5, 2010 to allow the applicant to submit a revised site plan.) INTENT To rezone from C-1 (Community Business) to C-1 (Community Business) to change the use from an antique store to general commercial uses (salon) within the existing structure. Prepared by the Community Development Department for the City of Milton Mayor and City Council on January 7, 2010 (First Presentation) *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 12/30/2009 RZ09-05 Page 2 of 19 R/A Z86-283 LOCATION MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council on January 7, 2010 (First Presentation) *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 12/30/2009 RZ09-05 Page 3 of 19 R/A Z86-283  CURRENT ZONING MAP Prepared by the Community Development Department for the City of Milton Mayor and City Council on January 7, 2010 (First Presentation) *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 12/30/2009 RZ09-05 Page 4 of 19 R/A Z86-283 CRABAPPLE CROSSROADS FUTURE LAND USE PLAN Prepared by the Community Development Department for the City of Milton Mayor and City Council on January 7, 2010 (First Presentation) *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 12/30/2009 RZ09-05 Page 5 of 19 R/A Z86-283 FRONT VIEWS OF EXISTING STRUCTURE Prepared by the Community Development Department for the City of Milton Mayor and City Council on January 7, 2010 (First Presentation) *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 12/30/2009 RZ09-05 Page 6 of 19 R/A Z86-283 FRONT YARD LOOKING NORTH ON BIRMINGHAM HWY FRONT YARD LOOKING SOUTH ON BIRMINGHAM HWY Prepared by the Community Development Department for the City of Milton Mayor and City Council on January 7, 2010 (First Presentation) *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 12/30/2009 RZ09-05 Page 7 of 19 R/A Z86-283 VIEW OF REAR YARD – 33” CALIPER OAK TO THE LEFT Prepared by the Community Development Department for the City of Milton Mayor and City Council on January 7, 2010 (First Presentation) *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 12/30/2009 RZ09-05 Page 8 of 19 R/A Z86-283 REVISED SITE PLAN SUBMITTED DECEMBER 28, 2009 Prepared by the Community Development Department for the City of Milton Mayor and City Council on January 7, 2010 (First Presentation) *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 12/30/2009 RZ09-05 Page 9 of 19 R/A Z86-283 SITE PLAN SUBMITTED NOVEMBER 3, 2009 Prepared by the Community Development Department for the City of Milton Mayor and City Council on January 7, 2010 (First Presentation) *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 12/30/2009 RZ09-05 Page 10 of 19 R/A Z86-283 SUBJECT SITE: The subject site consists of 2.426 acres and is currently zoned C-1 (Community Business) pursuant to Z86-283 for an antique store in the existing structure. The existing structure is approximately1,740 square feet with a car-port. This site is north of the Crabapple Crossroads intersection. The site is located within the Live/Work Land Use designation on the Focus Fulton 2025 Comprehensive Future Land Use Map. Within that designation the subject site is located within Village Mixed Use land use sub areas of the Crabapple Crossroads Future Land Use Plan. Standards of Review (Article 28.4.1) Staff shall, with respect to each zoning application, investigate and make a recommendation with respect to factors A. through G., below, as well as any other factors it may find relevant. A. Whether or not the proposal will permit a use that is suitable in view of the use and development of adjacent and nearby Property? Based on the Revised Site Plan submitted on December 28, 2009 the proposed use is consistent with the use and development of adjacent and nearby properties. There is an existing commercial use located directed to the north in an existing structure that was also originally a single family residence prior to its rezoning. In addition, the property directly to the south is a commercial use within existing structures. In addition, there are office condominiums located across the street to the west. B. Whether or not the proposal will adversely affect the existing use or usability of adjacent or nearby property? In Staff’s opinion, the proposed request will not adversely affect the existing use or usability of adjacent or nearby property because there are similar commercial uses and structures. C. Whether the property to be affected by the proposal has a reasonable economic use as currently zoned? The subject may have a reasonable economic use as currently zoned, although Staff is of the opinion that the current restrictive single use as an Prepared by the Community Development Department for the City of Milton Mayor and City Council on January 7, 2010 (First Presentation) *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 12/30/2009 RZ09-05 Page 11 of 19 R/A Z86-283 antique store in the existing structure hinders the property’s reasonable economic use. D. Whether the proposal will result in a use which will or could cause an excessive or burdensome use of existing streets, transportation facilities, utilities or schools? Staff does not anticipate a significant impact on public services and facilities based on the small amount of square footage and the proposed salon. E. Whether the proposal is in conformity with the policies and intent of the land use plan? The proposed use is consistent with some of the policies and intent of the Crabapple Crossroads Community Plan and the Focus Fulton 2025 Land Use Plan. A brief description of the project is noted below: Proposed use/density: Salon / 730.83 square feet per acre The revised site plan submitted proposes to utilize the existing 1,773 square foot structure as a salon at a density of 730.83 square feet per acre based on 2.426 acres. The existing structure and use was approved in 1986 pursuant to Z86-283. The square footage has been accounted for when considering the policy and intent of the Plan and past City policy of upholding the maximum 100,000 square feet Crabapple Crossroads Community Plan’s 100,000 square feet of commercial. The purpose of this request is to allow commercial uses within the existing structure. The density is consistent with previous Board Policy on the subject site and in the area. The Milton City Council adopted the Focus Fulton 2025 Comprehensive Plan as the City’s Comprehensive Plan on December 21, 2006. The proposed development is consistent with the following Plan Policy for the Crabapple Crossroads Community Plan which was included in the Focus Fulton 2025 Comprehensive Plan: • Provide opportunities for mixed-use developments that are compatible with a village-oriented development. Prepared by the Community Development Department for the City of Milton Mayor and City Council on January 7, 2010 (First Presentation) *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 12/30/2009 RZ09-05 Page 12 of 19 R/A Z86-283 F. Whether there are other existing or changed conditions affecting the use and development of the property which gives supporting grounds for either approval or disapproval of the proposal? As stated above, the existing square footage is already calculated into the City’s policy not to exceed the Crabapple Crossroads Community Plan’s “Neighborhood Node”. The proposed use is consistent with other commercial uses within the Crabapple Crossroads. In addition, within the Recommended Conditions, a list of exclusions for uses will be included that are consistent with other approved zonings in the area. It is Staff’s opinion that the existing conditions in the area support approval of the proposed rezoning from C-1 (Community Business) to C-1 (Community Business) from an antique store to salon within the existing structure. G. Whether the zoning proposal will permit a use which can be considered environmentally adverse to the natural resources, environment and citizens of the City of Milton? Based on the revised site plan submitted, the applicant shows the following specimen tree to be preserved: • 33” Oak. In addition, the applicant will utilize pervious materials for the driveway and parking area to reduce water runoff. H. Existing uses and zoning of nearby property (See Map following table) Location Parcel# On Map Petition #/Zoning Name Approved Square Feet/ Units Approved Overall Density North 1 99Z-105/C-1 Strawberry Fields Existing structure w/expansion shall not exceed 5,000 sq. ft or if replaced with 2 buildings not to exceed 4,000 each not to exceed a total of 8,000 feet. N/A Further North 2 AG-1 Crabapple Crossing Elementary (Fulton County Board of Education) N/A N/A Further East 3 06Z-074/MIX Undeveloped 20,800 sq.ft. Vil Mix (2,600 sq.ft. Already counted via 05Z-30 2 Units Vil Off/Res 4 Units Sub Vil A 3,946.87 sq.ft/acre Prepared by the Community Development Department for the City of Milton Mayor and City Council on January 7, 2010 (First Presentation) *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 12/30/2009 RZ09-05 Page 13 of 19 R/A Z86-283 East 4 AG-1 (Agricultural) Scattered Single Family Residences South 5 06Z-079/C-1 Historic Building 1,953 square feet 2,075.46 sq.ft./acre Northwest 6 M-1 (Manufacturing) Unconditional Heart of Crabapple Unconditional Southeast 7 AG-1 (Agricultural) Scattered Single Family Residences Further Southeast 8 03Z-146 /C-1 Crabapple Tea Room 800 sq. ft. 536.92 sq.ft./acre South 9 99Z-27/ C-1 Existing Building with 3,000 sq.ft. addition South 10 Unconditional C-1 Millie Huckabay’s Antique Store Further Southeast 11 05Z-110/MIX Undeveloped 8,000 sq.ft. Vil Mix 6,300 sq.ft. Vil Off 3,809.53 sq.ft./acre 3,000 sq.ft./acre Further South 12 04Z-136 C-1 2,500 sq.ft. Vil Mix 4,901.06 sq.ft./acre Further South 13 05Z-072 /C-1 Partially developed 12,800 sq.ft. Vil Mix 9,411.76 sq.ft./acre Further South 14 AG-1 Crabapple Community Center Further South 15 Unconditional C-1 Broadwell Building Further Southwest 16 C-1, AG-1 City of Alpharetta Government Center Southwest 17 Unconditional C-1 Citgo Gas Station West 18 05Z-117/MIX Braeburn Under Develop- ment 2,532 sf Comm in Vil Mix 36,468 sf Office In Vil Mix 14 units Vil Mix 18 units Vil Of/Res 17 units Sub Vil B 50 units Res 0-1 40.28 f/acre 580.06 sf/acre West 19 05Z-070/MIX Crabapple Crossroads 11.98 acres Under Develop- ment 20,000 sf Comm Vil Mix 20,000 sf Office In Vil Mix 39 units Vil Mix 5 units Vil Off 3 units Sub Vil B 2 units Rural Res 1,669.45 Sf/acre 1,669.45 sf/acre Northwest 20 U95-02 Crabapple First Baptist Church Prepared by the Community Development Department for the City of Milton Mayor and City Council on January 7, 2010 (First Presentation) *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 12/30/2009 RZ09-05 Page 14 of 19 R/A Z86-283 EXISTING USES AND ZONINGS Prepared by the Community Development Department for the City of Milton Mayor and City Council on January 7, 2010 (First Presentation) *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 12/30/2009 RZ09-05 Page 15 of 19 R/A Z86-283 SITE PLAN ANALYSIS Based on the applicant’s revised site plan submitted to the Community Development Department on December 28, 2009, Staff offers the following considerations: Crabapple Crossroads Overlay District BUILDING SETBACKS Article 12H(1).4.B.2. requires a building setback of 10 to 20 feet maximum. The existing structure is 59 feet from front property line. A condition will be included to reflect the existing front building setback. Article 9.1.3 does not have a side or rear building setback requirement. BUILDING HEIGHT Article 12H.3.5.D.1. of the Northwest Fulton Overlay District requires a maximum height limit of two stories with the maximum height 30 feet from average-finished grade to the bottom of the roof eave. The existing structure meets the Overlay District. LANDSCAPE STRIPS AND BUFFERS Article 12H.(1).4.D.3 of the Crabapple Overlay District states that design and materials of sidewalks along the existing roads (Crabapple Road, Birmingham Hwy., Mayfield Road, Mid-Broadwell Road and Broadwell Road) to be determined by the Public Works Crabapple Streetscape project. The site is located within the Crabapple Streetscape project. The site plan indicates an existing 5 foot sidewalk and 2 foot landscape strip between the road and sidewalk. The existing sidewalk will be reconstructed consistent with the Crabapple Streetscape project with a required turn lane on Birmingham Hwy pursuant to RZ05-117. Article 12H.3.1.C.2 of the Northwest Fulton Overlay District requires a 50-foot undisturbed buffer and 10-foot improvement setback along the east property line adjacent to AG-1. Article 4.23.1 requires a 5-foot landscape strip along the north and south property lines adjacent to non-residential uses. It appears that there is sufficient room to provide the necessary landscape strips. Prepared by the Community Development Department for the City of Milton Mayor and City Council on January 7, 2010 (First Presentation) *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 12/30/2009 RZ09-05 Page 16 of 19 R/A Z86-283 PARKING REQUIREMENTS The following chart illustrates the parking required by Article 18 of the City of Milton Zoning Ordinance for the proposed uses: Proposed Use Minimum Requirement Spaces Provided Retail Commercial (1,773 square feet) Total 5 spaces per 1,000 sq. ft. of building area (9 spaces) 9 spaces required 9 spaces provided The site plan shows a total of 9 spaces on the site which meets the minimum requirement per the Zoning Ordinance. Article 12H.3.1.B.2. requires a 10-foot wide landscape island for 90 feet of single row length of parking spaces. It appears there will be adequate space to meet these requirements. The site plan appears to exceed the 10 percent minimum open space required by the Crabapple Crossroads Overlay District, Article 12H(1)4.H. PUBLIC INVOLVEMENT On December 2, 2009 the applicant was present at the Community Zoning Information Meeting held at the Milton City Hall. There was no one from the community at the meeting. The applicant held the required Public Participation meeting on December 1, 2009. There were Crabapple business owners in attendance. They were concerned that the Recommended Conditions included exclusions that were also included in prior rezoning in the area. Staff notes that those exclusions are included in the Recommended Conditions. City of Milton Design Review Board Meeting – December 1, 2009 The applicant was not in attendance and the DRB voted to defer the item to the January 4, 2010 meeting. Public Participation Plan and Report The applicant has met the requirements of the Public Participation Plan and report requirements prior to the Planning Commission. The applicant will be Prepared by the Community Development Department for the City of Milton Mayor and City Council on January 7, 2010 (First Presentation) *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 12/30/2009 RZ09-05 Page 17 of 19 R/A Z86-283 required to submit the public participation report 7 days prior to the Mayor and City Council meeting. CONCLUSION The applicant’s request for general commercial, specifically a salon is consistent with the Crabapple Crossroads Plan Map, Plan policies, and approved and existing uses in the area. Therefore, Staff recommends this petition be APPROVED CONDITIONAL subject to the attached Recommended Conditions. Prepared by the Community Development Department for the City of Milton Mayor and City Council on January 7, 2010 (First Presentation) *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 12/30/2009 RZ09-05 Page 18 of 19 R/A Z86-283 RECOMMENDED CONDITIONS If this petition is approved by the Mayor and City Council, it should be APPROVED C-1 (Community Business) CONDITIONAL subject to the owner’s agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Mayor and City Council. 1. To the owners agreement to restrict the use of the subject property as follows: a. Retail, service commercial and accessory uses, including all exterior food and beverage areas, at a maximum density of 730.83 gross square feet per acre zoned or a total of 1,773 square feet, whichever is less but excluding convenience stores with gas pumps, freestanding fast food restaurants, commercial amusements, day care businesses with drive through service, pawn shops, check cashing businesses, billiards or pool halls, designated recycling collection stations, used car lots, self-service laundry facilities; arcades, amusements, galleries or game rooms; outdoor vending machines, kiosks or other stands except ATM machines; dry cleaning plant excluding dry cleaning establishments which offer drop-off/pick-up service only; sale, lease or rental of motorized vehicles or trailers; tattoo or body piercing parlors, adult theme bookstores, video stores, movie theatres, and/or establishments offering the sale or rental of related machines, tapes, discs, books, magazines and novelty items; check cashing establishments; liquor stores excluding wine shops; massage parlors or spas, bars, lounges or other establishments whose principal business is the sale of alcoholic beverages; and night clubs or similar establishments, including those offering strip tease or nudity as entertainment; except for day spas that provide the following services, hair cutting and styling, nail grooming and facial skin treatments and therapeutic massage with hours of operation between 8 a.m. and 8 p.m. 2. To the owner’s agreement to abide by the following: a. To the revised site plan received by the Community Development Department on December 28, 2009. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance, other applicable City Ordinances and these conditions prior to the Prepared by the Community Development Department for the City of Milton Mayor and City Council on January 7, 2010 (First Presentation) *Based on the Revised Site Plan received by the Community Development Department on December 28, 2009 12/30/2009 RZ09-05 Page 19 of 19 R/A Z86-283 approval of a Land Disturbance Permit or a City of Milton Business License. 3. To the owner’s agreement to the following site development considerations: a. Increase the front building setback to the extent necessary for the existing structure to remain compliant with 12H(1).4.B.2. City of Milton 13000 Deerfield Parkway Suite 107C Milton, GA 30004 To: Honorable Mayor and City Council Members From: Fran Shoenthal, Solicitor – Municipal Court Date: Submitted on December 10, 2009 for First Presentation at the December 21, 2009 Regular Council Meeting and the January 6, 2009 Regular Council Meeting for its Second Reading Agenda Item: An Ordinance to Amend Chapter 4 of the City of Milton Ordinance regarding Municipal Court. COM (City Manager’s Office) Recommendation: To approve the attached amendment which authorizes the creation of a Pre-Trial Intervention and Diversion Program for certain criminal offenses that are committed within the incorporated limits of the City of Milton. Background: Georgia law (O.C.G.A. § 15-18-80) authorizes municipalities to enact a Pre-Trial Intervention Diversion Program. Said program is focused on letting first-time offenders, charged with certain criminal offenses, to participate in the judicial system and serve a penalty for their alleged criminal violation without the stigma of a permanent criminal conviction. Discussion: The participation into the Pre-Trial Intervention and Diversion Program is afforded to only those individuals who meet the strict guidelines for participation. If successfully completed by an individual, this program presents a win-win scenario for the City and the alleged offender. By successfully participating and completing the program and paying the appropriate fees to the City, the participant will be entitled to a dismissal of their criminal charge and the program allows the court to divert the matter from the traditional criminal prosecution thereby giving the offender a second chance, while at the same time affording the participant to serve a penalty for their criminal indiscretions. Concurrent Review: Chris Lagerbloom, City Manager Honorable Barry Zimmerman, Judge, Municipal Court of City of Milton Fran Shoenthal, Solicitor, Municipal Court of City of Milton Rupal Vaishnav, City Attorney’s Office Attachment: An Ordinance to Amend Chapter 4 Amended Chapter 4 Pre-Trial Intervention Diversion Program general overview and general guidelines by Solicitor ( to be filled with the Municipal Court) STATE OF GEORGIA ORDINANCE NO. 09-_____ COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 4, MUNICIPAL COURT, BY ADDING A NEW SECTION ENTITLED A PRE-TRIAL INTERVENTION AND DIVERSION PROGRAM, TO BE ADMINISTERED BY THE CITY OF MILTON SOLICITOR’S OFFICE FOR THE PURPOSE OF ENDING THE REPEAT OFFENSES OF THEFT BY SHOPLIFTING, UNDERAGE POSSESSION OF ALCOHOL, DISORDERLY CONDUCT AND OTHER MISCELLANEOUS MISDEMEANOR AND TRAFFIC OFFENSES THROUGH THE EDUCATION OF ELIGIBLE DEFENDANTS; AND FOR OTHER PURPOSES. The Council of the City of Milton hereby ordains while in regular session on the _____day of _____________, 2009 at 6:00 p.m.: WHEREAS, the City of Milton has an interest in maintaining the health, safety and welfare of the citizens of the City of Milton and its visitors; and WHEREAS, O.C.G.A. §15-18-80 authorized the prosecuting attorney (the City of Milton Solicitor) for a municipal court to create and administer a Pre-Trial Intervention and Diversion program for offenses within the jurisdiction of such municipal courts; and WHEREAS, the purpose of any Pre-Trial Intervention and Diversion Program is to provide an alternative to prosecuting offenders in the criminal justice system (O.C.G.A. § 15-18-80 (b)); and WHEREAS, it is the desire of the City of Milton to establish a new Pre-Trial Intervention and Diversion Program to be known as the City of Milton Pre-Trial Intervention and Diversion Program for the purpose of Educating and counseling those who are first offenders and preventing the occurrence of repeat offenses; and WHEREAS, the participants in the City of Milton Pre-Trial Intervention and Diversion Program would be those persons who have been adjudicated or have plead guilty or nolo contendre to the offenses of Theft by Shoplifting, Underage Possession of Alcohol, Disorderly Conduct, Possession of Marijuana, and other miscellaneous misdemeanor offenses including traffic offenses, but who have not yet had a judgment of guilt entered against them; and WHEREAS, the City of Milton Pre-Trial Intervention and Diversion Program would educate participants on the legal consequences of subsequent offenses and the modification of behavior that led to the commission of the crime. WHEREAS, entry into the City of Milton Pre-Trial Intervention and Diversion Program would be at the discretion of the City of Milton Solicitor based upon written guidelines (O.C.G.A. § 15- 18-80 (c)); and WHEREAS, in implementing the City of Milton Pre-Trial Intervention and Diversion Program, the City of Milton Solicitor must create written guidelines for acceptance into and administration of the program, which must include, but are not limited to, consideration of the nature of the crime, the prior arrest record of the offender, and the notification and response of the victim (O.C.G.A. § 15-18-80 (d)); and WHEREAS, the City of Milton Solicitor cannot accept any offender into the City of Milton Pre-Trial Intervention and Diversion Program for an offense for which the law provides a mandatory minimum sentence of incarceration or imprisonment that cannot be suspended, probated, or deferred (O.C.G.A. § 15-18-80 (e)); and WHEREAS, in implementing the City of Milton Pre-Trial Intervention and Diversion Program, the City of Milton Solicitor is authorized to access and collect from each offender who enters the program a fee not to exceed $300.00 for the administration of the program, and any such fee must be made payable to the general fund of the City of Milton (O.C.G.A. § 15-18-80 (f)); and WHEREAS, by administering the City of Milton Pre-Trial Intervention and Diversion Program, the City of Milton Solicitor is authorized by the State law to collect restitution on behalf of victims, and any such restitution collected must be made payable to and disbursed b y the clerk of the City of Milton Municipal Court (O.C.G.A. § 15-18-80 (g)); and THE CITY COUNCIL OF THE CITY OF MILTON, GEORGIA HEREBY ORDAINS, as follows: Section 1: That the Ordinance relating to Amending Chapter 4, Municipal Court, of the City of Milton Code of Ordinances be amended to add a Article 5 in its entirety as it relates to the Pre-Trial Intervention and Diversion Program is adopted and approved; and is attached hereto as if fully set forth herein; and Section 2: All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. Section 3: The amendment in this ordinance shall become effective immediately upon adoption. Section 4: Should it be found that any ordinance or parts of any ordinance are in conflict herewith, then those sections contained herein shall be deemed controlling. ORDAINED this ______ day of ____________ 2009. Approved: _________________________________ Joe Lockwood, Mayor Attest: ___________________________________ Jeanette R. Marchiafava, City Clerk Article 5: Pre-Trial Intervention and Diversion Program Section 1: Pre-Trial Intervention and Diversion Program established. In accordance with Official Code of Georgia Annotated § 15-18-80, a pretrial diversion program for offenders in the Municipal Court of the City of Milton (“Court”) is hereby established. The Court on its own motion, on the motion of the Solicitor, or at the request of a defendant, may initiate an investigation into an alleged offender’s el igibility to participate in the Court's Pre-Trial Intervention and Diversion program (hereinafter sometimes referred to as the "Program"). Section 2: Pre-Trial Intervention and Diversion Program. (a) Upon a submission of a plea of guilty or a plea of nolo contender to the underlying charges, but before an adjudication or judgment of guilt, the sentencing court may, in its discretion, without entering a judgment of guilt and with the consent of the defendant, defer further proceeding and enroll the defendant in an educational program administered by the Solicitor’s Office in accordance with Official Code of Georgia Annotated 15-18-80. (b) Upon successful completion of all terms and conditions of the Program, and a showing that the defendant has not violated any other ordinances of the City of Milton, and the laws of the State of Georgia or any other state for a period of one year from the date of entry into the Program, the Court shall dismiss all charges against the defendant and the Court shall not make an adjudication of guilt on the underlying charges. (c) The case may be advanced and a bench warrant or other notice to appear shall be issued in the event of a defendant’s failure to comply with all the terms or conditions of the Program. If the defendant violates the agreement or conditions of participation, the defendant’s guilty plea may be entered by the sentencing court, and a sentence thereon may be imposed in the manner provided by law. Any waiver executed, to enter into the Program pursuant to this Article, sha ll be void on the date the accused is removed from the Program. (d) All persons referred to the Program will be assessed an administrative fee as authorized in Official Code of Georgia Annotated 15-18-80(f) for the administration of the Program. Any such fee collected shall be deposited into the City of Milton general fund. Page 1 of 5 Chapter 4: Municipal Court Article 1: General Provisions Section 1: Creation of the Court In accordance with Article V, Judicial Branch, Section 5.10, Municipal Court of the Charter, the City hereby creates the Municipal Court of the City of Milton. The powers and jurisdiction of said Court are described in Article V, Judicial Branch of the Charter. Section 2: Judges (a) In accordance with Article V, Judicial Branch, Section 5.11, Judges, the Council shall appoint a chief judge and such part-time, full-time, or stand-by judges as needed by ordinance. Compensation shall be fixed by the Council. (b) The Municipal Court Chief Judge shall serve a term of four (4) years, coincident with the term of the mayor and may be reappointed to consecutive terms thereafter. (d) Judges appointed for the Municipal Court may be removed from office in accordance with Article V, Judicial Branch, Section 5.11, Judges by a vote of five members of the city council or upon action taken by the Judicial Qualification Commission. (e) Municipal Court Judges, in addition to the powers conferred upon them by the Charter, shall have the powers as conferred upon Magistrates by O.C.G.A. 15-10-2 and O.C.G.A.36-32-3. Section 3: Additional Personnel (a) Clerk of the Court. The City Manager shall appoint the Municipal Court Clerk, who shall serve at the pleasure of the City Manager. The Clerk of the Court shall also serve as Administrator of the Court. (b) Police Officers of the City of Milton Police Department, the Fulton County Police Department, or the Fulton County Sheriff’s Department or any other law enforcement officer may execute warrants and other writs in furtherance of the Court’s jurisdiction and orders. (c) Bailiff. At least one Police Department Officer or Officer from the Fulton County Sheriff’s Department will serve as a Bailiff whenever the Municipal Court is in session. (d) Solicitor. In accordance with Section 4.12 of the Charter, the City Attorney may be the prosecuting officer or solicitor in the Municipal Court. The City Council may also, from time to time, appoint and contract with other attorneys who are members of the State Bar of Georgia to serve as a prosecuting attorney in Municipal Court. The compensation of said attorney or attorneys shall be determined by the Council. Page 2 of 5 Section 4: Additional support (a) Indigent Defense. The City of Milton shall provide indigent defendants with counsel as provided by state law. (b) Translator. The City of Milton may provide translation services as required by state law. Section 5: Court Sessions The Court shall be in session at such times and dates as determined by the Clerk of the Court, as court administrator, to keep the dockets current. Section 6: Court Fees (a) In accordance with Article V, Judicial Branch, of the Charter, the council has authority to establish a schedule of reasonable fees to defray the cost of operation of the municipal court. (b) The Council shall set City fines for violations of City ordinances. Article 2: Trials and Judgments Section 1: Rules The Municipal Court Judges shall adopt specific rules of procedure which must be approved by the Mayor and City Council. No rules shall be inconsistent with the laws of Georgia or the Constitution of the United States. Such rules shall be made available on the City website or by other means determined by the Council. Section 2: Contempt of Court The Court may find persons in contempt of court and punish said persons in accordance with Section 5.13 of the Charter. Section 3: Fines (a) For fines that may be due by any defendant, execution may be issued by the Court Clerk and collected as provided by law. The Municipal Court shall have the discretion to enter fines consistent with this Code of Ordinances, Georgia and federal law. (b) Persons charged with traffic violations or other offenses as specified by the judge may, prior to the time for their court appearance, plead guilty in writing and pay to the City as their fine the amount set as the appearance bond for the offense charged. Those persons charged with driving under the influence of alcohol or drugs and other serious offenses, as determined by the Page 3 of 5 Municipal Court Judge, shall be required in all cases to appear before the court for disposition of the case. Section 4: Sentences In addition to any applicable fines, and upon a judgment or plea of guilty or pre-trial diversion, the Municipal Court Judge may impose sentence of confinement, compulsory work, or both; commit the defendant to confinement, compulsory work or both; suspend the execution of the sentence in whole or in part; place the defendant on probation; or defer the execution of the sentence or any portion or portions thereof to one or more fixed dates in the future. The court may punish for violations within its jurisdiction not exceeding a fine allowable by state law or imprisonment for not exceeding state law, or both; except as otherwise provided by this Code of Ordinances or State Law. Section 5: Appeals Unless specified elsewhere in the Code or Charter, all appeals from decisions of the Municipal Court shall be appealable, by right of certiorari, to the Superior Court of Fulton County under the laws of Georgia regulating the granting and issuance of writs of certiorari. Article 3: Bail Section 1: General Provisions Bail and bond considerations must be consistent with Article V, Judicial Branch, of the Charter and laws of the State of Georgia. Section 2: Minor Traffic Offenses (a) Pursuant to O.C.G.A. § 17-6-11 any person cited for a traffic offense shall be released in lieu of bail upon showing his or her drivers license. This provision does not apply to any charge of driving under the influence or other serious offenses designated by the municipal judge. (b) All persons arrested or notified by citation or ticket of parking violations shall be released on their own recognizance. Section 3: Professional Bondsmen No professional bondsman shall be accepted as surety on a bail bond unless he holds a current business license in the City, is approved by the Chief of Police, and has fully complied with all other City requirements for bonding companies. Section 4: Failure or Refusal to Give Bond Page 4 of 5 If the accused or a witness shall fail or refuse to give the bond and security as required under this Article, the person so failing or refusing may be confined or kept under guard, so as to be present to abide the trial or to testify as the case may be. Article 4: Court Procedures Section 1: Issuance of summons Any member of the department of police, the solicitor or assistant solicitor of the municipal court, in all cases where a complaint is made or information is obtained of any violation of any provision of this Code or other laws or ordinances of the city, shall issue a summons, directed to the accused, requiring the accused to appear before the municipal court to answer this charge. The summons shall designate the time and place of trial and shall be signed by the member of the department of police, solicitor, or assistant solicitor issuing it, and a copy thereof shall be served upon the accused either personally or by leaving the copy at the accused's place of residence. Section 2: Failing to appear to answer summons It shall be unlawful for any defendant lawfully summoned to answer charges in the municipal court to either fail, neglect, or refuse to appear at the time and place specified in the summons or fail to provide a satisfactory explanation for this absence. The trial may be continued to such time as the municipal court may direct, and the court shall issue an order requiring the police chief or other members of the department of police to arrest the defendant and bring the defendant before the court to answer both the initial charges and the charge for failing to appear at trial. The chief of corrections shall keep the defendant in custody until the defendant is brought before the court, unless the defendant posts bond for appearance, as provided by law. Section 3: Issuance of subpoenas Whenever the attendance of any witness may be required before the municipal court to establish any fact, the clerk of the municipal court shall issue a subpoena directed to the witness, stating the time and place of trial and the parties to the case, which shall be served as other process by the police chief or other police officers. Section 4: Witness failing or refusing to obey subpoena. If any person lawfully summoned as a witness before the municipal court shall fail, neglect, or refuse to attend the trial for which the person has been summoned or fail to provide a satisfactory explanation for this absence, the person may be cited for contempt and be fined in a sum not to exceed the maximum amount allowed by state law. If the cause is continued because of the absence of this person, the court may issue attachment against the person requiring the person to show cause on the day appointed for trial why the person should not be cited for contempt. The police chief or other police officer shall, by virtue of the attachment, arrest the person and keep the person in Page 5 of 5 custody until the person is brought before the court, unless the person posts bond for appearance, as provided by law. Section 5: Contempt Any person who, during a sitting of the municipal court, shall be guilty of contempt of court or who refuses to abide by an order of the court or sentence, may be punished as provided in Article V, Judicial Branch, Section 5.13, Powers of the Charter. Article 5: Pre-Trial Intervention and Diversion Program Section 1: Pre-Trial Intervention and Diversion Program established. In accordance with Official Code of Georgia Annotated § 15-18-80, a pretrial diversion program for offenders in the Municipal Court of the City of Milton (“Court”) is hereby established. The Court on its own motion, on the motion of the Solicitor, or at the request of a defendant, may initiate an investigation into an alleged offender’s eligibility to participate in the Court's Pre-Trial Intervention and Diversion program (hereinafter sometimes referred to as the "Program"). Section 2: Pre-Trial Intervention and Diversion Program. (a) Upon a submission of a plea of guilty or a plea of nolo contender to the underlying charges, but before an adjudication or judgment of guilt, the sentencing court may, in its discretion, without entering a judgment of guilt and with the consent of the defendant, defer further proceeding and enroll the defendant in an educational program administered by the Solicitor’s Office in accordance with Official Code of Georgia Annotated 15-18-80. (b) Upon successful completion of all terms and conditions of the Program, and a showing that the defendant has not violated any other ordinances of the City of Milton, and the laws of the State of Georgia or any other state for a period of one year from the date of entry into the Program, the Court shall dismiss all charges against the defendant and the Court shall not make an adjudication of guilt on the underlying charges. (c) The case may be advanced and a bench warrant or other notice to appear shall be issued in the event of a defendant’s failure to comply with all the terms or conditions of the Program. If the defendant violates the agreement or conditions of participation, the defendant’s guilty plea may be entered by the sentencing court, and a sentence thereon may be imposed in the manner provided by law. Any waiver executed, to enter into the Program pursuant to this Article, shall be void on the date the accused is removed from the Program. (d) All persons referred to the Program will be assessed an administrative fee as authorized in Official Code of Georgia Annotated 15-18-80(f) for the administration of the Program. Any such fee collected shall be deposited into the City of Milton general fund. STATE OF GEORGIA COUNTY FULTON RESOLUTION NO. 09-12-118 A RESOLUTION TO AUTHORIZE THE USE OF THE CITY OF MILTON MUSTANG LOGO BY ATHLETIC TEAMS PLAYING AT BELL MEMORIAL PARK PURSUANT TO AGREEMENTS WITH THE CITY OF MILTON WHEREAS, the City of Milton (“Milton”) owns and operates Bell Memorial Park; and WHEREAS, Milton has entered into agreements with the Hopewell Youth Association for the use of the facilities at Bell Memorial Park for the conduct of recreational and travel baseball teams (“HYA Agreements”); and WHEREAS, Milton has developed a distinctive logo that reflects the spirit and culture of the City; and, WHEREAS, the Milton logo is the following image: WHEREAS, various teams that utilize Bell Memorial Park have requested permission to use the Milton logo on uniforms; and WHEREAS, the use of Milton’s mustang logo on the uniform of the teams operating out of Bell Memorial Park pursuant to the HYA Agreements identifies the teams as originating out of the City of Milton and projects a positive image of the resources available to Milton’s residents and otherwise fosters a spirit of community. NOW THEREFORE, BE IT RESOLVED, that the Milton City Council, as its governing authority, by adoption of this resolution, does hereby authorize the following: 1. The Hopewell Youth Association is authorized to use the City of Milton mustang logo on the uniforms of teams operating out of Bell Memorial Park pursuant to the HYA Agreements upon receipt of prior approval in writing of the proposed design by the City Manager; and 2. This grant of authority shall expire on December 31, 2010, at which time any further use of the Milton logo must be authorized by a new resolution of the City Council. 3. This grant of authority is to be strictly construed, and no team or ass ociation other than those specifically identified above may use the Milton logo for any purpose. 4. In authorizing use of the Milton logo by the above-referenced teams, the City of Milton shall not be deemed as a sponsor or partner with any team, nor shall th e acts or omissions of any team or team member that utilizes the City of Milton logo be construed as actions or omissions of or on behalf of the City of Milton, its officers, employees and agents. APPROVED AND ADOPTED this 21st day of December, 2009. Approved: _________________________________ Joe Lockwood, Mayor Attest: _____________________________________ Jeanette Marchiafava, City Clerk (Seal) RESOLUTION NO. STATE OF GEORGIA COUNTY OF FULTON A RESOLUTION REAPPOINTING BARRY L. ZIMMERMAN AS CHIEF JUDGE OF THE MUNICIPAL COURT FOR THE CITY OF MILTON, GEORGIA PURSUANT TO ARTICLE V OF THE CITY CHARTER BE IT RESOLVED by the City Council of the City of Milton, Georgia while in regular session on January 6, 2010 at 6:00 p.m. as follows: SECTION 1. That Barry L. Zimmerman is hereby appointed as Chief Judge of the Municipal Court for the City of Milton, Georgia; and, SECTION 2. This appointment is effective for a term of four (4) years, coincident with the term of the mayor, commencing January 6, 2010 and expiring on December 31, 2014, pursuant to Article V of the City Charter; and, SECTION 3. That this Resolution shall become effective upon its adoption. RESOLVED this the 6th day of January, 2010. Approved: ______________________________ Joe Lockwood, Mayor Attest: _____________________________________ Sudie AM Gordon, Interim City Clerk (Seal) RESOLUTION NO. STATE OF GEORGIA COUNTY OF FULTON A RESOLUTION REAPPOINTING BRIAN A. HANSFORD AS ASSOCIATE JUDGE OF THE MUNICIPAL COURT FOR THE CITY OF MILTON, GEORGIA PURSUANT TO ARTICLE V OF THE CITY CHARTER BE IT RESOLVED by the City Council of the City of Milton, Georgia while in regular session on January 6, 2010 at 6:00 p.m. as follows: SECTION 1. That Brian A. Hansford is hereby appointed as Associate Judge of the Municipal Court for the City of Milton, Georgia; and, SECTION 2. This appointment is effective for a term of four (4) years, coincident with the term of the mayor, commencing January 6, 2010 and expiring on December 31, 2010, pursuant to Article V of the City Charter; and, SECTION 3. That this Resolution shall become effective upon its adoption. RESOLVED this the 6th day of January, 2010. Approved: ______________________________ Joe Lockwood, Mayor Attest: _____________________________________ Sudie AM Gordon, Interim City Clerk (Seal) Page 1 of 1 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION APPOINTING SUDIE AM GORDON AS THE INTERIM CITY CLERK FOR THE CITY OF MILTON, GA EFFECTIVE JANUARY 6, 2010 The Council of the City of Milton hereby resolves while in a regular called session on the 6th day of January, 2010 at 6:00 pm.: SECTION 1. That the position of Milton City Clerk has been vacant since December 23, 2009; SECTION 1. That Sudie Gordon was selected by the Mayor as the Interim City Clerk on January 6, 2010; SECTION 2. That Sudie Gordon has acted in the capacity as the Deputy City Clerk on a full-time basis since November 30, 2009; SECTION 3. That Sudie Gordon shall serve as the Interim City Clerk and is hereby appointed with all the duties of the City Clerk as set forth in Article IV, Section 4.13 of the City Charter; SECTION 4. That this appointment is effective January 6, 2010; SECTION 5. That this Resolution shall become effective upon its adoption. RESOLVED BY THE COUNCIL OF THE CITY OF MILTON this 6th day of January 2010. Approved: ____________________________ Joe Lockwood, Mayor Attest: _________________________________ Sudie AM Gordon, Interim City Clerk (Seal) STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 08-04-33, A RESOLUTION APPROINTING OR REAPPOINTING MEMBERS TO THE CITY OF MILTON BOARD OF ZONING APPEALS BOARD MEMBERS MARCIA PARSONS FOR DISTRICT 1, WALTER S. REKUC, JR FOR DISTRICT 3, NANCY PLESNARSKI FOR DISTRICT 5, AND GARY WILLIS AT LARGE BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on January 6, 2010 at 6:00 pm. as follows: SECTION 1. That Gary Willis (At Large) is hereby reappointed for a term commencing January 6, 2010 and ending on December 31, 2014 and, SECTION 2. That Marcia Parsons (District 1), Walter S. Rekuc Jr. (District 3) and Nancy Plesnarski (District 5) are hereby appointed or reappointed for a term commencing January 6, 2010 and ending on December 31, 2014 and, SECTION 3. That this Resolution shall become effective upon its adoption. RESOLVED this 6th day of January 2010. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, Interim City Clerk (Seal) STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 09-05-94, A RESOLUTION APPOINTING OR REAPPOINTING MARTIN E. LOCK AND GEORGE RAGSDALE (AT LARGE), MARK REED (DISTRICT 1), JON CARROLL (DISTRICT 3) AND JOELLE CORCORAN (DISTRICT 5) TO THE CITY OF MILTON COMPREHENSIVE PLAN ADVISORY COMMITTEE. BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on January 6, 2010 at 6:00 pm. as follows: SECTION 1. That Martin E. Lock (At Large) are hereby appointed for a term commencing January 6, 2010 and ending on December 31, 2014 and, SECTION 2. That Mark Reed (District 1), Jon Carroll (District 3) and Joelle Corcoran (District 5) are hereby appointed or reappointed for a term commencing January 6, 2010 and ending on December 31, 2014; and, SECTION 3. That this Resolution shall become effective upon its adoption. RESOLVED this 6th day of January, 2010. Approved: ____________________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie AM Gordon, Interim City Clerk (Seal) STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 08-02-10, A RESOLUTION APPOINTING OR REAPPOINTING MEMBERS TO THE CITY OF MILTON CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS BY APPOINTING BOARD MEMBERS RICHARD COATES FOR DISTRICT 1, STEVE R. CHECK FOR DISTRICT 3, PAUL NORFLEET FOR DISTRICT 5 AND DON LEE AT LARGE BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on January 6, 2010 at 6:00 p.m. as follows: SECTION 1. That Don Lee (At Large) is hereby reappointed for a term commencing January 6, 2010 and ending December 31, 2014; and, SECTION 2. That Richard Coates (District 1), Steve R. Check (District 3) and Paul Norfleet (District 5) are hereby appointed or reappointed for a term commencing January 6, 2010 and ending December 31, 2014; and, SECTION 3. That this Resolution shall become effective upon its adoption. RESOLVED this 6th day of January, 2010. Approved: ____________________________ Joe Lockwood, Mayor Attest: ______________________________ Sudie AM Gordon, Interim City Clerk (Seal) STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 09-11-110, A RESOLUTION APPOINTING OR REAPPOINTING MEMBERS TO THE CITY OF MILTON DESIGN REVIEW BOARD BY APPOINTING BOARD MEMBERS TERRY HERR FOR DISTRICT 1, JAMES R. BROWN FOR DISTRICT 3, MARK MECKES FOR DISTRICT 5 AND EDDIE MOORE AT LARGE BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on January 6, 2010 at 6:00 p.m. as follows: SECTION 1. That Eddie Moore (At Large) is hereby reappointed for a term commencing January 6, 2010 and ending on December 31, 2014; and SECTION 2. That Terry Herr (District 1), James R. Brown (District 3) and Mark Meckes (District 5) are hereby appointed or reappointed for a term commencing January 6, 2010 and ending on December 31, 2014; SECTION 3. That this Resolution shall become effective upon its adoption. RESOLVED this 6th day of January 6, 2010. Approved: ____________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, Interim City Clerk (Seal) STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 09-04-30, A RESOLUTION APPOINTING OR REAPPOINTING MEMBERS TO THE CITY OF MILTON PLANNING COMMISSION BY APPOINTING JOE CREAMER FOR DISTRICT 1, GEORGE RAGSDALE FOR DISTRICT 3, CHRIS DOTY FOR DISTRICT 5 AND PAUL MOORE AT LARGE BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on January 6, 2010 at 6:00 pm. as follows: SECTION 1. That Paul Moore (At Large ) is hereby reappointed for a term commencing January 6, 2010 and ending on December 31, 2014; and, SECTION 2. That Joe Creamer (District 1), George Ragsdale (District 3) and Chris Doty (District 5) are hereby appointed or reappointed for a term commencing January 6, 2010 and ending on December 31, 2014; SECTION 3. That this Resolution shall become effective upon its adoption. RESOLVED this the 6th day of January 2010. Approved: ____________________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, Interim City Clerk (Seal) STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 08-04-36, A RESOLUTION APPOINTING OR REAPPOINTING MEMBERS TO THE CITY OF MILTON BOARD OF ETHICS BY APPOINTING KRISTIN WHITE FOR DISTRICT 1, CLINT JOHNSON FOR DISTRICT 3, GERRY STEVENS FOR DISTRICT 5 AND ( ) AT LARGE BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on January 6, 2010 at 6:00 pm. as follows: SECTION 1 That (To Be Determined) (At Large) is hereby appointed for a term commencing January 6, 2010 and ending on December 31, 2014; and, SECTION 2. That Kristin White (District 1), Clint Johnson (District 3) and Gerry Stevens (District 5) are hereby appointed or reappointed for a term commencing January 6, 2010 and ending on December 31, 2014; SECTION 3. Board members shall serve terms consistent with the term of the elected official who nominated them to the board. A member shall hold office until a successor is appointed by the Mayor and City Council. SECTION 4. That this Resolution shall become effective upon its adoption. RESOLVED this 6th day of January 2010. Approved: ____________________________ Joe Lockwood, Mayor Attest: _____________________________ Sudie AM Gordon, Interim City Clerk (Seal) STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON AMENDMENT OF RESOLUTION NO. 09-04-89, A RESOLUTION TO CREATE A COMMITTEE TO SERVE AS THE HIGHWAY 9 DESIGN GUIDELINE COMMITTEE FOR POTENTIAL REVISION TO THE HIGHWAY 9 OVERLAY DISTRICT OF THE CITY OF MILTON ZONING ORDINANCE BY ADDING COMMITTEE MEMBERS BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on the 6th day of January 2010 at 6:00 pm. as follows: SECTION 1. That Dennis Potts (At Large) is hereby reappointed for a term commencing January 6, 2010 and ending December 31, 2014; and SECTION 2. That Rick Mohrig and John McMillan (District 1) are hereby reappointed for a term commencing January 6, 2010 and ending on December 31, 2014; and SECTION 3. That Rodney H. Reese (District 3) is hereby reappointed for a term commencing January 6, 2010 and ending on December 31, 2014; and SECTION 4. That Adam Orkin and Paul Norfleet (District 5) are hereby appointed for a term commencing January 6, 2010 and ending December 31, 2014; and SECTION 5. That this Resolution shall become effective upon its adoption. RESOLVED this 6th day of January 2010. Approved: __________________________ Joe Lockwood, Mayor Attest: _________________________________ Sudie AM Gordon, Interim City Clerk (Seal) STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 09-01-72, A RESOLUTION APPOINTINED OR REAPPOINTING MEMBERS TO THE MILTON PARKS AND RECREATION ADVISORY BY REAPPOINTING BOARD MEMBERS MARK REED FOR DISTRICT 1, LAUREN JACKSEN FOR DISTRICT 3, SCOTT STACHOWSKI FOR DISTRICT 5, AND JACK FLOWERS, AT LARGE. BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting on January 6, 2010 at 6:00 p.m. as follows: SECTION 1. That Jack Flowers (At Large) is hereby appointed for a term commencing January 6, 2010 and ending on December 31, 2014; and SECTION 2. That Mark Reed (District 1), Lauren Jackson (District 3), and Scott Stachowski (District 5) are hereby appointed or reappointed for a term commencing January 6, 2010 and ending on December 31, 2014. RESOLVED this 6th day of January 2010. Approved: ____________________________ Joe Lockwood, Mayor Attest: _______________________________ Sudie AM Gordon, Interim City Clerk (Seal) STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 08-04-34, A RESOLUTION APPOINTING OR REAPPOINTING MEMBERS TO THE CITIZEN’S PARTICIPATION GROUP FOR POTENTIAL REVISION TO THE MILTON TREE ORDINANCE AND ADMINISTRATIVE GUIDELINES. BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on January 6, 2010 at 6:00 p.m. as follows: SECTION 1. That Zach Middlebrooks (At Large) is hereby appointed for a term commencing January 6, 2010 and ending December 31, 2014; and, SECTION 2. That Scott Gronholm (District 1), Adam Orkin (District 3), Roger Festa (District 5) are hereby appointed or reappointed for a term commencing January 6, 2010 and ending December 31, 2014; and, SECTION 3. That this Resolution shall become effective upon its adoption. RESOLVED this 6th day of January, 2010. Approved: ____________________________ Joe Lockwood, Mayor Attest: _________________________________ Sudie AM Gordon, Interim City Clerk (Seal) STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION AMENDING RESOLUTION NO. 09-03-85, A RESOLUTION APPOINTING OR REAPPOINTING MEMBERS TO ADVISORY COMMITTEE FOR CITY OF MILTON CONCEPT PLANS FOR THE INTERSECTIONS OF BIRMINGHAM AT PROVIDENCE AND ARNOLD MILL AT NEW PROVIDENCE BY REAPPOINTING BOARD MEMBERS YVONNE LATORRE (AT LARGE), CATHY RHEA FOR DISTRICT 1, KEVIN J. O’SULLIVAN FOR DISTRICT 3, AND MIKE STEVENS FOR DISTRICT 5. BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting on January 6, 2010 at 6:00 p.m. as follows: SECTION 1. That Yvonne Latorre (At Large) is hereby appointed for a term commencing January 6, 2010 and ending on December 31, 2014; and SECTION 2. That Cathy Rhea (District 1), Kevin O’Sullivan (District 3), and Mike Stevens (District 5) are hereby appointed or reappointed for a term commencing January 6, 2010 and ending on December 31, 2014. RESOLVED this 6th day of January 2010. Approved: __________________________ Joe Lockwood, Mayor Attest: ______________________________________ Sudie AM Gordon, Interim City Clerk (Seal) STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION AMENDING RESOLUTION NO. 09-11-111, A RESOLUTION APPOINTING OR REAPPOINTING MEMBERS TO THE STAKEHOLDER ADVISORY COMMITTEE FOR CITY OF MILTON BY REAPPOINTING BOARD MEMBERS BRUCE SMITHERMAN (AT LARGE), STEVE BEECHAM FOR DISTRICT 1, JOSHUA BARNES FOR DISTRICT 3, AND MIKE STEVENS FOR DISTRICT 5. BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting on January 6, 2010 at 6:00 p.m. as follows: SECTION 1. That Bruce Smitherman (At Large) is hereby appointed for a term commencing January 6, 2010 and ending on December 31, 2014; and SECTION 2. That Steve Beecham (District 1), Joshua Barnes (District 3), and Mike Stevens (District 5) are hereby appointed or reappointed for a term commencing January 6, 2010 and ending on December 31, 2014. RESOLVED this 6th day of January 2010. Approved: __________________________ Joe Lockwood, Mayor Attest: _________________________________ Sudie AM Gordon, Interim City Clerk (Seal) STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO. 08-04-32, A RESOLUTION APPOINTING OR REAPPOINTING MEMBERS TO THE CITY OF MILTON BIKE AND PEDESTRIAN PATH COMMITTEE BY REAPPOINTING BOARD MEMBERS BILL SCHELLHORN (AT LARGE), ALLAN TETLEY DISTRICT 1, ANDY CARR FOR DISTRICT 3, AND TRAVIS ALLEN FOR DISTRICT 5. BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting on January 6, 2010 at 6:00 p.m. as follows: SECTION 1. That Bill Schellhorn (At Large) is hereby appointed for a term commencing January 6, 2010 and ending on December 31, 2014; and SECTION 2. That Allan Tetley (District 1), Andy Carr (District 3), and Travis Allen (District 5) are hereby appointed or reappointed for a term commencing January 6, 2010 and ending on December 31, 2014. RESOLVED this 6th day of January 2010. Approved: ____________________________ Joe Lockwood, Mayor Attest: ________________________________ Sudie AM Gordon, Interim City Clerk (Seal) STATE OF GEORGIA RESOLUTION NO. COUNTY OF FULTON A RESOLUTION AMENDING RESOLUTION NO. 09-04-91, A RESOLUTION APPOINTING OR REAPPOINTING MEMBERS TO THE HISTORIC PRESERVATION COMMITTEE FOR DEVELOPMENT OF A HISTORIC PRESERVATION ORDINANCE FOR THE CITY OF MILTON BY REAPPOINTING BOARD MEMBERS. BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting on January 6, 2010 at 6:00 p.m. as follows: SECTION 1. That (To Be Determined) and (To Be Determined) (At Large) are hereby appointed for a term commencing January 6, 2010 and ending on December 31, 2014; and SECTION 2. That Gordon Hunter and James Farris (District 1), Norman Broadwell and Brian Beach (District 3), and Travis Allen and J.T. Adams (District 5) are hereby appointed or reappointed for a term commencing January 6, 2010 and ending on December 31, 2014. RESOLVED this 6th day of January 2010. Approved: __________________________ Attest: Joe Lockwood, Mayor _____________________________________ Sudie AM Gordon, Interim City Clerk (Seal) STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION TO PROVIDE FOR THE APPOINTMENT OF INDIVDUALS TO MILTON GROWS GREEN’S GOVERNING BOARD AND FOR OTHER DESIGNATED PURPOSES BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on the 6th day of January, 2010 at 6:00 p.m. as follows: WHEREAS, the City of Milton wishes to continue to promote and encourage environmental responsibility and the efficient use and conservation of natural resources b y citizens and organizations having activities in the City of Milton, which was part of the stated purpose for the Milton Grows Green Committee (MGG) being formally recognized by Council and certified as an official Citizens Committee (Resolution 08-10-06); and WHEREAS, the City of Milton environmental citizens committee has functioned for just over one year, and needs to make some reappointments of members of its Governing Board, and to replace some members, and WHEREAS, the original authorizing resolution of provides generally for two-year terms for Board members, with replacements to be chosen by a majority of the Governing Board and presented to Council for approval; and WHEREAS, the MGG Governing Board has met formally and selected three individuals to join the Governing Board, filling slots that were vacant or are becoming vacant —Kathy Johnson. Wilson Borden and Bruce Langston; and WHEREAS, in the interest of continuity, the Governing Board believes that half the Board should be reappointed or replaced each year, to ensure continuity of leadership while overlapping the two-year terms set forth in MGG’s authorizing resolution, and Board member Todd Harkleroad and Co-chairs Jack Lindon and Jon McPhail have volunteered to request that their reappointment to the Governing Board for two-year terms to run from December 1, 2009 be submitted to Council for approval; and WHEREAS, approval of the appointments presented by the Governing Board will result in one- half the Governing Board’s term expiring each year on December 1st, so that the stipulation in the original authorizing Resolution that Governing Bard members serve two-year terms will be followed, while allowing for continuity of governance for MGG; and WHEREAS, MGG’s Governing Board going forward from the adoption of this Resolution shall consist of 13 members, with at least one from each of the City’s six districts, as envisioned in the authorizing Resolution. NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF MILTON, GEORGIA, AND IT IS RESOLVED BY THE AUTHORITY OF CITY COUNCIL, that the Governing Board’s selections of Kathy Johnson. Wilson Borden and Bruce Langston to two-year terms on the MGG Governing Board effective December 1, 2009 are APPROVED; BE IT FURTHER RESOLVED that the reappointment of Todd Harkleroad, Jack Lindon and Jon McPhail for two-year terms beginning December 1, 2009 are APPPROVED; 2 and BE IT FURTHER RESOLVED that future Governing Board members shall be appointed to serve two-year terms beginning December first, such that one-half the Governing Board will begin their terms each December 1. RESOLVED this 6th day of January, 2010. Approved: ____________________________ Joe Lockwood, Mayor Attest: _________________________________ Sudie AM Gordon, Interim City Clerk (Seal) STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION REQUESTING THAT KEEP GEORGIA BEAUTIFUL AND KEEP AMERICA BEAUTIFUL ACCEPT AND RECOGNIZE MILTON GROWS GREEN AS THE CITY OF MILTON’S AFFILIATE FOR THOSE PROGRAMS; AND FOR OTHER DESIGNATED PURPOSES BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on the 6th day of January, 2010 at 6:00 p.m. as follows: WHEREAS, the City of Milton wishes to continue to promote and encourage environmental responsibility and the efficient use and conservation of natural resources by citizens and organizations having activities in the City of Milton, which was part of the stated purpose for the Milton Grows Green Committee (MGG) being formally recognized by Council and certified as an official Citizens Committee as of October 6, 2008(Resolution 08-10-06); and WHEREAS, the City of Milton environmental citizens committee (MGG) has functioned as an official citizens committee of the City for just over one year, and has already taken a leading role in or primary responsibility for a variety of environmental programs in the City of Milton, including Adopt-A-Road, Adopt-A-Stream. Rivers Alive, recycling at our baseball fields, Bring One for the Chipper, projects included in the Great American Clean-up, and working jointly with our neighboring jurisdictions on events like bulky trash amnesty days; and WHEREAS MGG’s Environmental Education programs are in operation in a number of schools in Milton, and will quickly expand to make environmental education programs and resources available at all Milton schools, public and private; and WHEREAS, MGG has an interest in providing information to the City government on possible approaches to air, water and energy issues, and land use programs to help preserve open spaces in Milton while finding ways to encourage future development that is more sustainable and provides a higher standard of amenities and a stronger tax base for the City’s future; and WHEREAS, the Milton Grows Green Committee, working closely with staff as it presented its broad-reaching approach to environmental issues and citizen involvement through education, outreach and volunteer engagement in environmental projects, applied for a CREATE Award from the Atlanta Regional Commission, which the City won in the “Community Building & Involvement” category; and WHEREAS, the MGG Governing Board has worked closely with City staff to try conserve the City’s economic resources and keep the immediate cash costs of environmental programs as low as possible, although the committee is composed of volunteers, so that there are at present no City employees with a job description containing a distinct environmental component; however WHEREAS, Milton has recently begun to hire all its own public employees, and the City Manager has indicated that he intends to include environmental responsibilities as a component of one employee’s job description; and 2 WHEREAS, the employee who has the responsibility for environmental matters would become an ex officio member of MGG’s Governing Board, and act as a channel for information transfer, budgeting oversight and grant compliance for matters relating to MGG; and WHEREAS, the City of Milton desires a closer relationship with organizations such as Keep America Beautiful and Keep Georgia Beautiful, and believes that having the Milton Grows Green Committee as the designated KAB/KGB affiliate for Milton would produce the best result for the citizens of Milton, at a substantial cost savings NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF MILTON, GEORGIA, AND IT IS RESOLVED BY THE AUTHORITY OF CITY COUNCIL, that the City of Milton supports the Milton Grows Green Committee in its efforts to become the affiliate for the Keep America Beautiful/Keep Georgia Beautiful program in the City of Milton, and will support MGG’s efforts, both in becoming the affiliate for Milton, and in carrying out the many programs of these organizations in litter reduction and in helping to protect the beauty of our City. RESOLVED this 6th day of January 2010. Approved: ____________________________ Joe Lockwood, Mayor Attest: _________________________________ Sudie AM Gordon, Interim City Clerk (Seal)