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HomeMy WebLinkAboutMinutes CC - 03/21/2011 - 03-21-11 Reg. Mins (Migrated from Optiview)Regular Meeting of the Milton City Council March 21, 2011 Page 1 of 8 This summary is provided as a convenience and service to the public, media, and staff. It is not the intent to transcribe proceedings verbatim. Any reproduction of this summary must include this notice. Public comments are noted and heard by Council, but not quoted. This document includes limited presentation by Council and invited speakers in summary form. This is an official record of the Milton City Council Meeting proceedings. Oficial Meetings are audio recorded. The Regular Meeting of the Mayor and Council of the City of Milton was held on March 21, 2011, Mayor Joe Lockwood presiding. INVOCATION Pastor Kent Samples, Birmingham Baptist Church, Alpharetta, Georgia. CALL TO ORDER Mayor Joe Lockwood called the meeting to order. Nick Tucker, Birmingham Falls Elementary School student, joined the Council Meeting. ROLL CALL City Clerk Gordon called the roll and made general announcements. Councilmembers Present: Councilmember Thurman, Councilmember Zahner Bailey, Councilmember Lusk, Councilmember Hewitt, Councilmember Longoria and Councilmember Tart. PLEDGE OF ALLEGIANCE N,,, Mayor Lockwood led the Pledge of Allegiance. APPROVAL OF MEETING AGENDA Approval of Meeting Agenda (Agenda Item No. 11-051) Staff recommended the following changes to the meeting agenda: 1. Under New Business, Add A Resolution Amending Resolution No. 09-01-66, A Resolution Appointing a Member to the City of Milton Parks and Recreation Advisory Board Withdrawing the Name of Sabrina Moore and Adding Board Member Wallace Brittain for District 4. 2. Add an Executive Session to discuss Land Acquisition. Motion and Vote: Councilmember Tart moved to approve the meeting agenda as recommended by staff and moving Agenda Item No. 11-053 and Item No. 11-054 from the Consent Agenda to New Business. Councilmember Hewitt seconded the motion. The motion passed unanimously (7 — 0). PUBLIC COMMENT Mayor Lockwood read the rules for Public Comment. • Public comment is a time for citizens to share information with the Mayor and City Council and to provide input and opinions on any matter that is not scheduled for its own public hearing during today's meeting. There is no discussion on items on the Consent Agenda or First Presentation from the public or from Council. Regular Meeting of the Milton City Council March 21, 2011 Page 2 of 8 • Each citizen who chooses to participate in public comment must complete a comment card and submit it to the City Clerk. • Please remember this is not a time to engage the Mayor or members of the City Council in conversation. • When your name is called please step forward and speak into the microphone stating your name and address for the record. • You will have five minutes for remarks. Jim Brown, 785 Brickwood Lane, Milton, GA: • 23 years ago the Church of Jesus Christ of Latter -Day Saints built a temple and over the last 18 months has been going through a major remodel. • Prior to its rededication, the temple will be open to the public for viewing and we would like to invite the Mayor and the Council to a VIP event to be able to view the temple and have a meal with us. • We have invited many leaders in the region. • The invitation includes members of your family, spouses or other city members. • There is additional information at Atlantamormantemple.org. • Open house will be April 13, 2011 through April 26, 2011. Nick Tucker, 560 Tullamore Way, Milton, GA: • I have a question about roadways and potholes through Providence and Birmingham Highway. • I understand that Birmingham Highway is not our road, but Providence is and I heard about the circle you are creating as a new route. • I believe we should use the tax money to actually fill in the potholes. r • They can be dangerous. • I don't know if it was extra material, but they paved one road of my neighborhood but not my own road on Tullamore Way. Was it extra material? • 1 wanted to know the timeline between detaching from Fulton County. • What can we do to help? • I wanted to thank Milton and everyone here because this is a great city and I love living here. CONSENT AGENDA City Clerk Gordon read the Consent Agenda items: 1. Approval of the March 7, 2011 Regular Minutes. (Agenda Item No. I1-052) (Sudie Gordon, City Clerk) Moved to New Business by Motion and Vote 2. Approval of an Intergovernmental Agreement between the City of Milton and Fulton County Board of Education for the Use of Birmingham Falls Elementary School. (Agenda Item No. 11- 053) (Cyndee Bonacci, Parks and Recreation Director) Regular Meeting of the Milton City Council March 21, 2011 Page 3 of 8 Moved to New Business by Motion and Vote 3. Approval of an Intergovernmental Agreement between the City of Milton and Fulton County Board of Education for the Development and use of a 2 -acre Park Located between Crabapple Crossing Elementary School and Northwestern Middle School. (Agenda Item No. 11-054) (Cyndee Bonacci, Parks and Recreation Director) 4. Approval for the Execution of a Contract between ADP and the City of Milton for the Installation, Implementation and Recurring Monthly Fees for A Human Resources Information System (HRIS). (Agenda Item No. 11-055) (Sam Trager, Human Resources Director) 5. Approval for the Execution of a Memorandum of Understanding/Agreement regarding State Use of Homeland Security Grant Funding on Behalf of Certain Local Units of Government among State of Georgia, Georgia Emergency Management Agency (GEMA), Georgia Bureau of Investigation (GBI). (Agenda Item No. 11- 056) (Deborah Harrell, Chief of Police) Motion and Vote: Councilmember Tart moved to approve the Consent Agenda. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). '^' REPORTS AND PRESENTATIONS 1. Presentation of Plaque for the Certificate of Achievement for Excellence in Financial Reporting for FY 2009 Comprehensive Annual Financial Report. (Presented by Joe Lockwood, Mayor) Mayor Lockwood Presented a Plaque for the Certificate of Achievement for Excellence in Financial Reporting for FY 2009 Comprehensive Annual Financial Report to Finance Director Stacey Inglis. 2. Presentation of Certificate for the Award of Financial Reporting Achievement for FY 2009 Comprehensive Annual Financial Report. (Presented by Joe Lockwood, Mayor) Mayor Lockwood presented a Certificate for the Award of Financial Reporting Achievement for FY 2009 Comprehensive Annual Financial Report to Finance Director Stacey Inglis. FIRST PRESENTATION(None) PUBLIC HEARINGS (None) ZONING AGENDA RZ11-01- To Adopt the Corrected City of Milton Zoning Map as indicated on the January 1, 2011 as Shown on "Current Zoning Map Dated January 2011". (Agenda Item No. 11-045) �..r ORDINANCE NO. 11-03-89 (First Presentation on March 7, 2011) (Lynn Tully, Community Development Director) Regular Meeting of the Milton City Council March 21, 2011 Page 4 of 8 Lynn Tully: This is something that we are going to try and do every year. We are going to try and certify our zoning maps every year with each year's changes to zoning so that we are not more than any 12 months behind. I don't know if you know this but we adopt the zoning map by reference so it is not actually in the code but it is adopted by reference and then made public. We haven't certified these zoning maps since we initially became a city so it has been several years since then. We have been working with the official maps, which believe it or not, are the hand drawn maps that we received from Fulton County although we are keeping up with them by GIS. This will actually be our first GIS created zoning map. We have attempted to be extremely diligent and making sure that all of the zonings have been captured on this map. We believe it is the correct map and is current to date as of January first of this year. Obviously the latest and greatest rezoning haven't been reflected on this map but will be reflected in next year's version. An unofficial up to date map is kept on the website so we will have up to date maps on the website but they are not official. The official map will be the certified map and as it is amended every year. As I said before, this is our first version and our first attempt at this and I believe we have gotten it right and I would like to recommend this to you all for approval. This was at first read at our March 7'h meeting and so it is ready for a vote at this time. I would like to thank Robyn McDonald who has been particularly diligent with keeping up with these for so very long and bless her heart she has had so many of these that she has just kept in her head as history just as much as on paper and I do want to be sure that we acknowledge the fact that she has worked very hard on that. Councilmember Zahner Bailey: I have one question. Lynn and I have been in touch about this, it is just making sure that the Birmingham Crossroads, because there is a combination of some C-1 that is unconditional and some that falls under mixed use, we just want to make sure that is reflected in accordance with the Birmingham Master Plan and I believe that Robyn has been doing a very diligent job and just making sure that it is reflected with both of those. Mayor Lockwood: Any other questions? Nick Tucker: Do we have anyone speaking in support of RZ 11-01 ? City Clerk Gordon: There are no comments, sir. Nick Tucker: The public hearing is now closed. Do we have any questions or comments from Council? Mayor Lockwood: Again I would like to thank staff and Robyn for your time and hard work. Councilmember Zahner Bailey: Just another point for the matter of record, Lynn has confirmed that if for some reason if there is something that is slightly askew, and again we don't anticipate that, but those could always be modified in the future and that this would not cause a property to be more expansive than what it was intended, it would just have to be modified in the future. Regular Meeting of the Milton City Council March 21, 2011 Page 5 of 8 Motion and Vote: Councilmember Lusk moved to approve Zoning Agenda Item RZ 11-01. Councilmember Longoria seconded the motion. The motion passed unanimously (7-0). UNFINISHED BUSINESS (None) NEW BUSINESS City Manager Lagerbloom: • I will go over all of these together. • I wanted to make one global presentation. • The two that were initially published in New Business are redo items from items that you have already adopted on a previous agenda. • You all adopted them, we got ready to sign them, and then Fulton County sent back notes after Fulton County sent those IGAs to their risk manager that they needed to make changes. • Some of them we were able to live with, some we didn't. • It has been an ongoing negation process to get both sides to agree to. • We are bringing these first two that deal with Cogburn Woods and Hopewell Middle School. • The first two both have the same explanation that they did before that you approved. • The difference in this is the level of insurance coverage that they were going to require for third party vendors. • The levels were not in there that the risk manager could live with. • We worked to come up with a place for both parties that we both felt comfortable with the requirements. • We left two items in the consent agenda item because those were going to come forward anyways on the consent agenda, and you all haven't taken action on those before. • The two that have been moved off of the consent agenda do not deal with Cogburn Woods or Hopewell Middle School, they are initial IGAs that brings us into compliance with Birmingham Falls as well as the use of the two acres between Crabapple Crossing and Northwestern. • The Crabapple Crossing and Northwestern will be more of a community park type setting. • The Board of Education has land and we have some need in that area. Councilmember Lusk: • I am happy to see the city use these facilities. • One question I have is in all four of these agreements under utilities. • It states that the City shall pay all water and electricity charges for the maintenance of the exterior school facilities. • The Board of Education will pay for everything interior. • My question is, with exterior facilities, do we pay for every day of the year no matter if the city uses the facilities or not? City Manager Lagerbloom: • The intent is that the City would pay for the improvements of the property. PM" • We would pay the utilities attached to that improvement. • The exterior facilities is the actual playing field. Regular Meeting of the Milton City Council March 21, 2011 PaRze 6 of 8 City Attorney Jarrard: • Yes, these include the multipurpose field, the baseball/softball field, the track, outside basketball courts, and Tennis courts. • That is all that we will be responsible for. • We will pay for them the entire year. • This is a very typical break down of fees. Councilmember Lusk: • I do like that we have access to these things that we did not before. Councilmember Thurman: • In regards to the park between Crabapple Crossing and Northwestern, it says it can be terminated without cause with a 90 day written notice and they will reimburse us $20,000 if they terminate it in the first year. • How much do we expect the improvements to cost the city and is $20,000 enough to cover it so we don't put a lot of improvements and then end up in a situation where the school board changes and we no longer have use of it? City Manger Lagerbloom: • Initially we said what appears to be a 10 year contract but really it is a 90 day contract. • We felt that this would be a good sticking point. • I feel that this is the right thing to do for our community but we wanted Fulton County to attach money to an early termination. • We have $100,000 budgeted for that community park. • I believe this is reasonable and I am in support of this IGA. Councilmember Zahner Bailey: • Would we want to have any more clarity as to what "exterior" references? Councilmember Tart: • It defines it as the playing field. City Attorney Jarrard: • Each IGA will vary some. Approval of a Revised Intergovernmental Agreement between the City of Milton and Fulton County Board of Education for the use of Cogburn Woods Elementary School. (Agenda Item No. 11-057) (Cyndee Bonacci, parks and Recreation Director) Motion and Vote: Councilmember Zahner Bailey moved to approve Agenda Item Number 11-057. Councilmember Lusk seconded the motion. The motion passed unanimously (7-0). 2. Approval of a Revised Intergovernmental Agreement between the City of Milton and Fulton County Board of Education for the use of Hopewell Middle School. (Agenda Item No. 11- 058) (Cyndee Bonacci, parks and Recreation Director) Regular Meeting of the Milton City Council March 21, 2011 Page 7 of 8 ON"% Motion and Vote: Councilmember Thurman moved to approve Agenda Item Number 11-058. Councilmember Lusk seconded the motion. The motion passed unanimously (7-0). immok Moved From Consent Agenda by Motion and Vote 3. Approval of an Intergovernmental Agreement between the City of Milton and Fulton County Board of Education for the Use of Birmingham Falls Elementary School. (Agenda Item No. 11- 053) (Cyndee Bonacci, Parks and Recreation Director) Motion and Vote: Councilmember Hewitt moved to approve Agenda Item Number 11-053. Councilmember Tart seconded the motion. The motion passed unanimously (7-0). Moved From Consent Agenda by Motion and Vote 4. Approval of an Intergovernmental Agreement between the City of Milton and Fulton County Board of Education for the Development and use of a 2 -acre Park Located between Crabapple Crossing Elementary School and Northwestern Middle School. (Agenda Item No. 11-054) (Cyndee Bonacci, Parks and Recreation Director) Motion and Vote: Councilmember Tart moved to approve Agenda Item Number 11-054. Councilmember Zahner Bailey seconded the motion. The motion passed unanimously (7-0). "Im Motion and Vote: Councilmember Thurman moved to rescind any previous IGA with Fulton County Board of Education that are in conflict with any IGA passed today. Councilmember Zahner Bailey seconded the motion. The motion passed unanimously (7-0). Added by Motion and Vote 5. A Resolution Amending Resolution No. 09-01-66, A Resolution Appointing a Member to the City of Milton Parks and Recreation Advisory Board Withdrawing the Name of Sabrina Moore and Adding Board Member Wallace Brittain for District 4. RESOI.XTION NO. 11-03-173 Councilmember Hewitt: • A few weeks ago Mrs. Moore asked to step down for the Parks and Recreation Advisory Board as her schedule wasn't working out. • Mr. Wallace Brittain asked to be involved in the city and specifically in Parks and Recreation. • Mr. Brittain has lived in Milton since 1979 and has recently retired from the National Parks Service in the Southeast Regions Recreation and Conservation Division as Chief Motion and Vote: Councilmember Zahner Bailey moved to approve A resolution Amending Resolution No. 09-01-66, A Resolution Appointing a Member to the City of Milton Parks and Recreation Advisory Board Withdrawing the Name of Sabrina Moore and Adding Board Member Wallace Brittain for District 4. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). Regular Meeting of the Milton City Council March 21, 2011 Page 8 of 8 MAYOR AND COUNCIL REPORTS Nick Tucker: • The best part of my Mayor for a day was getting to ride in the police car. • I think the best thing was that I got to talk to the Mayor and share my ideas and he answered my questions and If I didn't understand something he went through it with me. • It was a great day and this is really fun and thank you for letting me be here tonight. Councilmember Zahner Bailey: • I've known Mr. Tucker for a long time and its impressive to have you with us tonight. • I heard his Mom and Dad wanted to be here but he preferred to be here by himself because he wanted to independently handle this evening. • I am very impressed with Mr. Tucker. STAFF REPORTS Lynn Tully: • We got our letter today approving our Comp plan. • We have met all of the minimum requirements and there are few comments. • We will get those comments addressed and be back in front of you with an adoptable Comp plan. EXECUTIVE SESSION The purpose of the Executive Session is to Discuss Land Acquisition. Motion and Vote: Councilmember Longoria moved to adjourn into Executive Session to discuss Land Acquisition at 6:28 p.m. Councilmember Hewitt seconded the motion. The motion passed unanimously 7-0. RECONVENE Motion and Vote: Councilmember Zahner Bailey moved to reconvene the Regular Meeting at 6:35 p.m. Councilmember Hewitt seconded the motion. The motion passed unanimously 7-0. ADJOURNMENT (Agenda Item No. 11-059) Motion and Vote: Councilmember Zahner Bailey moved to adjourn the Regular Meeting at 6:36 p.m. Councilmember Hewitt seconded the motion. The motion passed unanimously 7-0. Date Approved: April 25, 2011. ;�-M �21 Sudie AM Gor on, City erk Joe Lock wo ayor STATE OF GEORGIA ) AFFIDAVIT RE: CLOSURE OF COUNTY OF FULTON ) OPEN MEETINGS %wo" Personally appeared before the undersigned officer, duly authorized under the laws of the State of Georgia to administer oaths, JOE LOCKWOOD, who in his capacity as Mayor and the person presiding over a Council meeting of the CITY OF MILTON, and after being first duly sworn, certifies under oath and states to the best of his knowledge and belief the following: At its Regularly Scheduled Council Meeting held on March 21, 2011, the Council voted to go into closed session and exclude the public from all or a portion of its meeting. The legal exceptions applicable to the exempt matters addressed during such closed meeting are as follows: [Check or initial as appropriate] () Discussing or deliberating upon the appointment, employment, compensation, hiring, disciplinary action, dismissal, periodic evaluation or rating of a government officer or employee [O.C.G.A. § 50-14-3(6)]; () Privileged consultation with legal counsel pertaining to pending or threatened litigation, claims, administrative proceedings or settlements [O.C.G.A. § 50-14-2]; (X) Discussing the future acquisition of real estate [O.C.G.A. § 50-14-3(4)]; ( ) Staff meetings for investigative purposes under duties or responsibilities imposed by law [O.C.G.A. § 50-14-3(1)]; Tax matters made confidential by State law [O.C.G.A. § 50-14-2]; ( ) Inspection of physical facilities under the jurisdiction of the CITY OF MILTON [O.C.G.A. § 50-14-1(a)(2)]; ( ) Meeting with a governing body, officer, agent or employee of another agency at a location outside the geographical jurisdiction of the CITY OF MILTON or such other agency and at which no final action is taken [O.C.G.A. § 50-14-1(a)(2)]; ( ) Other. [Explanation and citation to statutory authority required]: I certify that the subject matter of the closed meeting or the closed portion of the meeting was devoted to matters of official business or policy, with the exceptions provided by law as set forth above. C'AA/lIDAT T/l AATT% CIT TT CI /"'STI TTITT\ 1_ _ r Notary Public My Commission Expires: r�- MAYOR JOE VOkVKWOOD