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HomeMy WebLinkAboutMinutes CC - 07/12/2010 - 07-12-10 S.C. Mins (Migrated from Optiview) (2)Special Called Meeting of the Milton City Council Monday, July 12, 2010 at 5:45 pm Page 1 of 3 ft"M 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 Special Called Meeting of the Mayor and Council of the City of Milton was held on July 12, 2010 at 5:45 PM, Mayor Joe Lockwood presiding. CALL TO ORDER Mayor Lockwood called the meeting to order. ROLL CALL Interim City Clerk Gordon called the roll and made general announcements. Council Members Present: Councilmember Karen Thurman, Councilmember Julie Zahner Bailey, Councilmember Bill Lusk, Councilmember Burt Hewitt, Councilmember Joe Longoria, Councilmember Alan Tart. PLEDmom GE OF ALLEGIANCE Mayor Lockwood led the Pledge of Allegiance. APPROVAL OF MEETING AGENDA Approval of Meeting Agenda (Agenda Item No. 10-1173) Motion and Vote: Councilmember Tart moved to approve Agenda Item No. 10-1173, Approval of the meeting agenda. 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. • 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. Steve Broadbent, 1812 Ballybunion Dr., Johns Creek, GA: 0 I am your republican candidate for Chairman of the Fulton County Commission. Special Called Meeting of the Milton City Council Monday, July 12, 2010 at 5:45 pm Page 2 of 3 • I will be running on a platform of fiscal reform restructuring of the county government to bring it back to a smaller, smarter, more efficient form of government. moo • We will be working hard throughout the next few months in the campaign to show the Fulton County voters why it is necessary why we seek change this year. • 1 look forward to earning your support and your vote and would welcome to answer any questions specifically at a later time. PUBLIC HEARING Approval of a Resolution of the City of Milton, Georgia extending for 30 days (or until Passage of a new Telecommunications Ordinance) a Moratorium to Bar the Acceptance Of Applications for Telecommunication Facility Permits In All Zoning Classifications. (Agenda Item No 10-1.174) (Presented by Ken Jarrard, City Attorney) RESOLUTION No. 10-07-1.52 City Attorney, Ken Jarrard: • You have a third amendment to the Moratorium that was first put in place in March 15, 2010. • The reason for this Moratorium has been for the amendment to the City of Milton Telecommunication ordinance. • We have been working on this amendment for quite some time. • We have consultants and specialists that have been helping us with that amendment and as we have gone through the process with T -Mobile, it has helped us further refine this ordinance to make it as good as it can be before we put it into law. • The Council may also note that at Wednesday's meeting, we were set to potentially adopt the ordinance but at or about that time we received some communication from various companies in the business such as T -Mobile and Verizon. • They expressed some concerns and there was one common theme and that was whether or not the new ordinance complied with the advanced broadband colocation act which went into effect on May 24, 2010. • It was staff s and my opinion that it needed another look. • We had a conference call today with our consultants working through the ordinance and we are setting up a meeting with myself, Ms. Tully, and possibly the City Manager for next week to go over the ordinance in detail. • We are going to try and address all of the comments that we are hearing. • We want to make sure there are no gaps in our Moratorium. • Right now, we feel that our Moratorium is not at its best for our citizens or Milton for us to have tower applications coming in until we get the ordinance where we want it to be. • Our Moratorium expires tomorrow. • We would like to request on behalf of staff that this Moratorium be amended in order to allow staff one more shot at making sure the ordinance is as good as it can be. • We would like this moratorium for 30 days or until such time as the ordinance is adopted by this Council which is likely to be on August 2, 2010. • If there is a motion to approve the Moratorium, I would ask that the motion also include language that provides that the Moratorium shall not bar the acceptance of applications for colocations on existing permitted towers. e n r l- Special Called Meeting of the Milton City Council Monday, July 12, 2010 at 5:45 pm Page 3 of 3 Motion: Councilmember Zahner Bailey moved to approve Agenda Item No. 10-1174, Approval of a Now Resolution of the City of Milton, Georgia extending for 30 days (or until Passage of a new Telecommunications Ordinance) a Moratorium to Bar the Acceptance Of Applications for Telecommunication Facility permits In All Zoning Classifications with the addition of the following language: "This moratorium shall not restrict or impair the ability of applicant to submit applications to the City of Milton for colocations on existing, permitted telecommunications towers". Second and Vote: Councilmember Thurman seconded the motion. The motion passed unanimously 7- 0. CONSENT AGENDA (None) REPORTS AND PRESENTATIONS (None) FIRST PRESENTATION (None) ZONING AGENDA (None) Opp" UNFINISHED BUSINESS (None) *No NEW BUSINESS (None) MAYOR AND COUNCIL REPORTS STAFF REPORTS ADJOURNMENT (Agenda Item No. 10-1175) Motion and Vote: Councilmember Tart moved to adjourn the Special Called Meeting at 5:54 p.m. Councilmember Hewitt seconded the motion. The motion passed unanimously 7-0. Date Approved: August 2, 2010. L.. �f Joe Lockwood, r STATE OF GEORGIA ) AFFIDAVIT RE: CLOSURE OF COUNTY OF FULTON ) OPEN MEETINGS flow 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 Work Session held on July 12, 2010, 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)]; ( ) 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 before me Notary Public" My Commission Expires: MAYOWJOE LOCKWOOD