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)