HomeMy WebLinkAboutMinutes CC - 07/18/2011 - 07 18 11 Reg Mins (Migrated from Optiview)Regular Meeting of the Milton City Council
Monday, July 18, 2011
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This summary is provided as a convenience and service to the public, media, and staff. It is not the intent to
transcribe proceedings verbatim. Any reproduction of this summary must include this notice. Public comments
are noted and heard by Council, but not quoted. This document includes limited presentation by Council and
invited speakers in summary form. This is an official record of the Milton City Council Meeting proceedings.
Official Meetings are audio recorded.
The Regular Meeting of the Mayor and Council of the City of Milton was held on July 6, 2011,
Mayor Pro -Tem Hewitt presiding.
INVOCATION
Reverend Patrick Abent, Inner Quest Church
CALL TO ORDER
Mayor Pro -Tem Hewitt called the meeting to order.
ROLL CALL
City Clerk Gordon called the roll and made general announcements.
Councilmembers Present: Councilmember Thurman, Councilmember Zahner Bailey, Councilmember
Lusk, Councilmember Hewitt, and Councilmember Longoria.
Mayor Lockwood was absent/excused from the meeting.
PLEDGE OF ALLEGIANCE
Mayor Pro -Tem Hewitt led the Pledge of Allegiance.
APPROVAL OF MEETING AGENDA
Approval of Meeting Agenda (Agenda Item No. 11-147)
Motion: Councilmember Longoria moved to approve the meeting agenda with the following changes:
1. Add an Executive Session to discuss pending litigation, land acquisition and
personnel.
Second and Vote: Councilmember Thurman seconded the motion. The motion passed unanimously
(6 — 0). Mayor Lockwood was absent/excused from the meeting.
PUBLIC COMMENT
Mayor Pro -Tem Hewitt 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.
• 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.
Regular Meeting of the Milton City Council
Monday, July 18, 2011
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• 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.
Megan Jamison, 710 McCaus Lane, Milton, GA:
• I have been a business owner in Milton for the last four years as well as Milton resident.
• I am here to state that I am in favor of the alcohol ordinance to allow "brown bagging".
• I believe this will be good for small business owners within the city.
CONSENT AGENDA
City Clerk Gordon read the Consent Agenda items:
1. Approval of the June 6, 2011 Regular Minutes.
(Agenda Item No. 11-148)
(Sudie Gordon, City Clerk)
2. Approval of a Professional Services Agreement between the City of Milton and Emergency
Care Medical Group PC, Russell Mitchell, MD to Provide Medical Direction for the City's
Fire -Rescue Department.
(Agenda Item No. 11- 149)
(Robert Edgar, Fire Chiefi
3. Approval of Changes to the Memorandum of Understanding between the City of Milton and
City of Alpharetta for SWAT Services.
(Agenda Item No. 11.-150)
(Deborah Harrell, Police Chiefi
4. Approval of an Intergovernmental Agreement for the Provision of Animal Control
Services between Fulton County, Georgia and the City of Milton.
(Agenda Item No. 11- 151)
(Chris Lagerbloom, City Manager)
5. Approval of Subdivision Plats as Follows:
Name of
Action
Comments
Development
Kensington Farms
Combine Lots 59 and 60
Revision to Final Plat
Subdivision
Union Primitive
Combine 2 Parcels into 1
Minor Plat
Baptist Church
George Jackson and
Reconfigure 4 Lots into 3
Minor Plat
Others
Lots
Jeb Rand (2 Plats)
Reconfigure 3 Parcels into 2
Minor Plat
Parcels to Provide Proper
0
Access
Waterside
Create Utility Parcel to Allow
Minor Plat
Subdivision
Atlanta Gas Company to
Install Equipment
(Agenda Item No. 11-1.52)
(Lynn Tully, Community Development Director)
Regular Meeting of the Milton City Council
Monday, July 18, 2011
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Motion and Vote: Councilmember Lusk moved to approve the Consent Agenda. Councilmember Tart
seconded the motion. The motion passed unanimously (6-0). Mayor Lockwood was absent/excused
from the meeting.
REPORTS AND PRESENTATIONS
1. A Proclamation Recognizing Hopewell Youth Association's 6u All-star Outlaws Baseball Day.
(Agenda Item No. 11- 153)
(Mayor Pro -Tem Hewitt)
Mayor Pro -Tem Hewitt presented a proclamation recognizing Hopewell Youth Association's 6u All-
star Outlaws Baseball Day.
FIRST PRESENTATION
Approval of an Amendment to the Alcohol Ordinance to Include Provisions to Allow
"Brown -Bagging."
(Agenda Item No. 11-132)
(First Presentation at June 20, 2011 Regular Council Meeting)
(Deborah Harrell, Chief of Police)
2. Approval of an Ordinance to Amend Chapter 11, Business Occupation Tax, Licenses, and
Regulation, of the City of Milton Code of Ordinances to Modify the Annual License Fee Levied
on Insurers; to Provide for the Repeal of Conflicting Ordinances; to Provide an Effective Date;
and for Other Lawful Purposes.
(Agenda Item No. 11-154)
(Ken Jarrard, City Attorney)
Motion and Vote: Councilmember Tart moved to approve First Presentation Agenda Items 11-132 and
11-154. Councilmember Longoria seconded the motion. The motion passed unanimously (6-0).
Mayor Lockwood was absent/excused from the meeting.
PUBLIC HEARINGS
Abandonment of Public Right -of -Way on Roxbury Row.
(Agenda Item No. 11-155)
(Carter Lucas, Public Works Director)
Carter Lucas:
• This application was submitted by the Roxbury Row subdivision.
• They are located on the north side of Francis Rd.
• They are a nine lot subdivision and have requested abandonment and privatization.
• Staff has reviewed this application in accordance with chapter 48 of our city code and also title
32 chapter 7 of the state code for compliance with our rules and regulations in accordance with
abandonment and privatization.
• We looked at this road to see about interconnection with this road for a future use, and we didn't
find that there was any expectation for that connection.
• This application was filed by the HOA on behalf of the residents with 100% of the residents in
favor.
Regular Meeting of the Milton City Council
Monday, July 18, 2011
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• Staff has found that that application is in compliance with both of those ordinances and we
recommend approval.
City Attorney Jarrard:
• In terms of liability, we are no longer liable for any accidents etc. that may occur on this road in
the future.
• The storm water will be the responsibility of the subdivision.
• We have the responsibility under our permits to inspect those facilities and make sure they are
operation in accordance with our permit that was granted to the subdivision initially.
• Overall maintenance of this storm water system will belong to the subdivision.
Councilmember Longoria:
• We don't currently have storm water utility defined for the city.
• Have we looked into this?
Carter Lucas:
Generally, once we develop the capital list that exceeds our ability to pay for those through
--apital programs or general funds, we will look at other alternatives to fund that, one of those
being the utility.
As we develop and get through our inspection and inventory of the existing system we have, we
can develop that capital which will dictate how we go forward with funding alternatives.
ZONING AGENDA (None)
UNFINISHED BUSINESS (None)
NEW BUSINESS
1. Approval of a Resolution to Abandon Public Right -of -Way on Roxbury Row.
(Agenda Item No. 11- 155)
RESOLUTION NO. 11-07-184
(Public Hearing Held July 18, 2011)
(Carter Lucas, Public Works Director)
Motion and Vote: Councilmember Tart moved to approve Agenda Item No. 11-155. Councilmember
Lusk seconded the motion. The motion passed unanimously (6-0). Mayor Lockwood was
absent/excused from the meeting.
2. Approval of a Resolution Regarding Agreement with Fulton County for Participation in the
U.S. Department of Housing and Urban Development's (HUD) Community Development Block
Grant Program (CDBG and HOME) Programs for Federal Fiscal Years 2012, 2013, and 2014.
(Agenda Item No. 11- 156)
E'SOLIJITION NO. 1.1-07-152
(Chris Lagerbloom, City Manager)
City Manager Lagerbloom:
• This would reaffirm our three year commitment for the purpose of securing funds of programs
should they become available through the CDBG program.
• We don't have a population large enough to go out on our own.
Regular Meeting of the Milton City Council
Monday, July 18, 2011
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• This allows us access to these funds if needed.
• This is to reaffirm our commitment to the program.
• This is a standard agreement that all cities in Fulton County.
Motion and Vote: Councilmember Zahner Bailey moved to approve Agenda Item No. 11-156.
Councilmember Longoria seconded the motion. The motion passed unanimously (6-0). Mayor
Lockwood was absent/excused from the meeting.
MAYOR AND COUNCIL REPORTS (None)
STAFF REPORTS
City Manager Lagerbloom:
• I just wanted to say thanks to Lynn for her service to the City of Milton.
• This is Lynn's last week here with us.
• I sent an email out about Providence Park and the news article that was written.
• If you have questions, you can email me.
• We are in full swing with the budget and department heads are working towards meeting several
deadlines.
• Our thoughts so far is that we would like to do a budget work shop the fourth Monday in August.
EXECUTIVE SESSION
Motion and Vote: Councilmember Longoria moved to adjourn to Executive Session to discussion
pending litigation, land acquisition and personnel at 6:39 p.m. Councilmember Thurman seconded the
motion. The motion passed unanimously (6-0). Mayor Lockwood was absent/excused from the
meeting.
RECONVENE: Councilmember Zahner Bailey moved to reconvene the Regular Meeting at 7:07 p.m.
Councilmember Longoria seconded the motion. The motion passed unanimously (6-0). Mayor
Lockwood was absent/excused from the meeting.
ADJOURNMENT
(Agenda Item No. 11-157)
Motion and Vote: Councilmember Lusk moved to adjourn to Regular Meeting at 7:08 p.m.
Councilmember Thurman seconded the motion. The motion passed unanimously (6-0). Mayor
Lockwood was absent/excused from the meeting.
Date Approved: August 15, 2011.
I ma
Burt Hewitt, Mayor Pro -Tem
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STATE OF GEORGIA )
AFFIDAVIT RE: CLOSURE OF
COUNTY OF FULTON ) OPEN MEETINGS
Personally appeared before the undersigned officer, duly authorized under the laws of the State of Georgia
to administer oaths, BURT HEWITT, who in his capacity as Mayor Pro Tem 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 July 18, 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]
(X) 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)];
(X) 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.
SWORN TO AND SUBSCRIBED
this 18th day of July, 2011.
Notary Public -
My Commission Expires:
IS M
ow -
MAYOR PRO TEM BURT HEWITT
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