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HomeMy WebLinkAboutMinutes CC - 07/12/2010 - 07-12-10 W.S. Mins (Migrated from Optiview) (2)Work Session of the Milton City Council Monday, July 12, 2010 at 6:00 pm Page 1 of 10 ,h,O„ 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 Work Session of the Mayor and Council of the City of Milton was held on July 12, 2010 at 6:00 PM, Mayor Joe Lockwood presiding. Council Members Present: Councilmember Karen Thurman, Councilmember Julie Zahner Bailey, Councilmember Bill Lusk, Councilmember Burt Hewitt, Councilmember Joe Longoria, Councilmember Alan Tart. Mayor Lockwood: • Work Sessions are an informal setting to update Council on business items. • No votes will be taken during these sessions. • There are two (2) items on our Agenda tonight. • Public comment is allowed that is germane to an Agenda Item. • If you wish to speak you are required to fill out a comment card and turn it into the City Clerk ,,.., staff. • Public comment will be allowed for a total of 10 minutes per agenda item and no more than 2 „ minutes per person. • Public comment will be heard at the beginning of each Item. • Once the item is called, no other comment cards will be accepted. Interim City Clerk Gordon read Agenda Item #1. 1. Discussion of Pursuit of ARC's Green Communities Certification to Integrate Green Practices Throughout the Residential, Business and Development Community of Milton. (Presented by Michele McIntosh -Ross, Planner, Community Development) Michele McIntosh -Ross: • We have as short video from ARC to present. • After the video, we will discuss how the ARC works. • We will talk about Milton's next steps. • In 2008 ARC launched their Green Communities Certification Program. • The Program is designed to encourage local governments in the Atlanta Region to consider sustainability in their decisions, policies, and plans. • It hopes that each step the local Government takes, the region as a whole will reduce its impact on the environment. • MICHELE MCINTOSH-ROSS PRESENTED A VIDEO ABOUT ARC. • This is not a grant opportunity. now • There is no match money involved. • You just have to agree with what we will move forward with. • The goals are to encourage the local government to work together to reduce the environmental impact through its buildings and policies. Work Session of the Milton City Council Monday, July 12, 2010 at 6:00 pm Page 2 of 10 • To promote measures that assist local governments to encourage their communities to reduce its P", environmental impact and to provide assistance in public education and outreach on sustainability. • Benefits for the City include creating a positive image for the community, setting a good example for businesses to reduce their energy and environmental impact. • Several community members have expressed that they would like their developers as well as the county schools, to build more Green. • We need to set that example. • This leads to a greater quality of life and healthier living. • This program is not going to cost the City any money and it will help the City reduce the cost of the City in the long run. • This program works by providing a list of policies, ordinances, and activities that local governments can commit to. • If the local government can show the policy documents, points are awarded. • Each of the tasks usually has 5 or 10 points. • There are 10 categories: Green buildings, energy efficiency, green power, water use reduction and efficiency, trees and green space, transportation, land use, recycling and waste reduction, education, and innovations. • Each one of those categories have a government component as well as a community component. • The government component would be something that we do to follow our policy. • The community component is something like a recycling event. ""'! • Milton Grows Green can come in at that point and help organize events. • There is a minimum spot of a minimum of 175 to be considered for the green communities " certification. • You can see the reading system 175-229 yields at one bronze. • Silver comes in at 230-279 range. • Anything above that would be gold. • So far no one is in the gold range. • Has Milton done anything to be green? Do we have any points yet? • By assessment of staff and Milton Grows Green, Milton has 75-95 points already. • Milton is a Tree City and we get points for that. • We are building sidewalks to encourage walking to schools. • We support the farmer's market. • We offer curbside recycling to all residents through our waste and sanitation contracts. • Milton Grows Green was recognized in 2009 by ARC. • Milton can earn points for adopting the comprehensive plan and new ordinances. • We can be make new city buildings to be Energy Star certified. • We can synchronize the traffic lights to ease congestion and air pollution. • Require bike racks at all facilities to encourage bikes as daily transportation. • Pursuing these ideas can help out environment and committees. • If we earned 90 more points we can be considered a "green" city plan. •*W Councilmember Longoria: • The policies are in the best interest of the community. • Would we have to change our ordinances to back up these changes to go green? Work Session of the Milton City Council Monday, July 12, 2010 at 6:00 pm Page 3 of 10 r... Michele McIntosh -Ross: • Absolutely. You would have to change some of the ordinances to provide verification upon applying for the program. Councilmember Zahner Bailey: • This program will help the community thrive. • This will help reduce costs of the city. Councilmember Lusk: • Will this be just the City or private properties too? Michele McIntosh -Ross: • Just for the City. Mayor Joe Lockwood: • I believe we have a majority decision that Council would like to move forward with this. Jon McPhail, 6408 Dorris Rd., Milton, GA: • When Milton Grows Green first became a committee we presented many things to help the City achieve its goals as a "green" community. • Our community is always ready to help the city with anything to improve our community. • We will plant trees if we need to take a few down to build a new building. • Milton Grows Green has done multiple things to help our community be more conscious of being more environmentally friendly such as the Earth Day Festival. • Certifications and designations are important for Milton to help with property values etc. • We are going to work with Alpharetta to set up an electronics recycling day again. Councilmember Tart: • I'm in favor of moving forward with this. Councilmember Lusk: It's a state mandate to make all new state buildings be certified. Michele McIntosh -Ross: • Our next step would be to make a chart and a timeline with all of the items that we think we can pursue. • We would work with Staff to get this item started. I will get with the Directors to see who is responsible for which items. • The cost for monetary costs is not a factor yet besides legal fees. Councilmember Thurman: • Can we get a list for all of the items we can get points for? 0 Could you send it electronically? Work Session of the Milton City Council Monday, July 12, 2010 at 6:00 pm Page 4 of 10 Michele McIntosh -Ross: • I have a manual that gives all of that information if you want a copy of it. No It also includes a checklist. Councilmember Zahner Bailey: • I would like to get a central file that we can all submit ideas to. Interim City Clerk Gordon read Agenda Item #2. 2. Discussion of Ethics Ordinance Board Membership. (Presented by Ken Jarrard, City Attorney) City Attorney, Ken Jarrard: • You all have a copy of the proposed modifications of the Ethics ordinance that should be redlined. • Based on Council's decision, I have drafted some of the Ordinance and will see how the Council feels about the changes. • Some of the stuff that is redlined isn't new. • The largest change is the configuration of the Ordinance. • Also go from having a board to an Ethics panel that is comprised when we have a complaint. • It would mean whenever a complaint came in, the City Clerk would have a panel of attorneys and they would be brought together to create the hearing body for the complaints. • The attorneys would be preselected from a pool of 15 attorneys and they would have offices no less than 10 miles outside of the City limits. • On page 13 Section 1: a. Any person to file an ethics complaint or charged of a violation of the code b. Provides that complaint must contain these elements to be a complaint that is consistent with the ordinance c. It must be filed within six months within the alleged violation d. No action can be taken on substantially the same subject of a previous ethics complaint e. A separate ethics complaint must be filed by every person that has the same or similar problem. They can't be grouped together. • Section 2: Processing Ethics Complaints a. City Attorney shall perform technical review; b. Upon compliance with Code — complaint is forwarded to subject of Respondent; c. The Respondent shall respond to the ethics complaint within 30 days; d. Within 60 days — the Panel of attorneys convened shall meet and perform an initial frivolity review • Section 3: Ethics Hearing a. All hearings shall be conducted to comport with due process; b. The Complainant shall be entitled to make opening statements, testify, present witnesses and evidence, and make a closing statement after the submission of evidence; c. Both parties shall be entitled to be represented by Council; Work Session of the Milton City Council Monday, July 12, 2010 at 6:00 pm Page 5 of 10 d. The Ethics Panel may not call witnesses or tender evidence of its own; e. Ethics Panel may question any witness called. • Section 4: Ethics Panel a. Ethics Panel shall consist of three randomly selected members from a master list maintained by the Clerk; b. City Clerk shall maintain a list of not less than fifteen (15) qualified individuals; c. Qualified individuals are: (1) a competent attorney at law in good standing with the Georgia Bar; (2) 5 years experience; (3) does not reside or maintain an office within ten (10) miles of the city limits of the City of Milton; d. Not an employee or City Official or have been an employee or City Official for at least 3 months before the appointment. e. City Clerk shall draw panel; f. City Council will be advised of the selections of those available to serve and the Council shall appoint the Panel to handle a single hearing; g. No person may serve on more than one Ethics Panel at the same time, unless other attorneys are serving on other Panels. h. Panel membership will be terminated upon third instance of unwillingness or inability to serve. • Section 5 b. Members of the Ethics Panel are volunteers and shall serve without compensation. • Section 6 a. Upon removal of a member from the clerk's list of attorneys, the City Clerk shall promptly randomly draw a new name from the list of qualified individuals and shall advise the City Council of the name of the first drawn individual that is available to serve. • Section 7 a. Same process for voluntary resignations. • Section 8 a. To issue subpoenas only when requested to do by the Complaint or the Respondent in accordance with Section Eleven of this Ordinance. • Section 11 a. Subpoenas must be requested no less than 5 days prior to the hearing. b. Ethics Panel adopts O.C.G.A 45-20-9(c)- which allows for subpoenas to be privately enforced. • Section 12: Disciplinary Action A. Upon a determination that an employee has violated the ethics violation — the following may occur; a. No further action b. Written warning or reprimand c. Suspension without pay d. Termination e. Repayment to City Work Session of the Milton City Council Monday, July 12, 2010 at 6:00 pm Page 6 of 10 B. Upon a determination that a City Official has violated the ethics violation — the following may occur; 00it a. No further action b. Written warning, censure, or reprimand c. Request for resignation from office; d. Removal from office to the extent provided by Georgia law; and e. Repayment to the City of any unjust enrichment C. The City Council shall retain the discretion to determine whether any recommendation present by the Ethics panel shall be imposed. D. In addition to any other remedy provided, a contract, change order or bid may be rescinded or cancelled due to a violation of the Ethics Ordinance being implicated. City Attorney, Ken Jarrard: • When we redrafted the Ethics ordinance it got the City Attorney out of the process of any type of investigation. • It puts the attorney in a terrible position. • There does need to be someone that receives the complaint and does the complaint meet the requirements. • My office would see if the complaint meets the technical language of the code. • It can be forward to the subject of the complaint. • It is not an investigation, just making sure the complaint is right that is coming through. • If the Attorney's office was doing anything on the merits I wouldn't be comfortable. • If we wanted to substitute the City Attorney with the City Clerk. • Someone just needs to check the documents. Councilmember Lusk: • If we're going to clean this thing up, it needs to be looked at in at every aspect. City Attorney, Ken Jarrard: • There will no longer be a standing board, just a one time panel that will be picked from a random list of attorneys. • The Panel will look at the complaint and they will determine if it will meet the language of the code without an actual hearing. • The panel does not get to call witnesses. The complaining party is responsible to gather witnesses. Councilmember Longoria: • If there is more than one complaint in a day, there are 3 attorneys per person? • I think we should be able to combine hearings if more than one person is being brought up on the same complaint. son" City Attorney, Ken Jarrard: 0 There might be a way to tackle that, I will have to look further into it. Work Session of the Milton City Council Monday, July 12, 2010 at 6:00 pm Page 7 of 10 Councilmember Lusk: • Do we need to make D more specific? City Attorney, Ken Jarrard: • I would be open to have some experience for criminal practice or civil practice as opposed to purely property or real estate closing. Councilmember Thurman: • I think it should not be someone that is paid by the city as well as can't live in the city. • I think 10 miles out might be too far out from the City to request attorneys. City Attorney, Ken Jarrard: • I think we should strike the 10 mile rule. • The attorney should also be the best and not be ethically conflicted. Councilmember Zahner Bailey: • Are there some specifics as to what the good standing is? City Attorney, Ken Jarrard: • We would want them to be in good standing with the Georgia Bar. • The council will have to adopt a resolution appointing these members of the panel as a matter of mom process for each individual case. City Manager Lagerbloom: • If the Clerk is going to draw names, it should be at the next public meeting to have a witness. Councilmember Tart: • I think we need to also make the Attorney disqualified if they have been political contributors. City Attorney, Ken Jarrard: • I will have to modify sections 6 and 7. • Under section 12 possibly pay $500 to each attorney. • I think it will be a challenge to get the Attorneys to serve on the panel at a per diem rate. • I would like to bring this back to one more work session. Interim City Clerk Gordon read Agenda Item #3. Review of Procedures for Zoning Text Amendments and Ordinances as Recommended by Planning Commission. (Presented by Lynn Tully, Community Development Director) Lynn Tully: mom • This is a recommendation that the Planning Commission brought up at the June 22°d meeting. • During that meeting we had work projects for the planning commission. MONO • They have specifically asked for a more precise process for persuing zoning text amendments. 0 They understand that the Council welcomes their guidance. Work Session of the Milton City Council Monday, July 12, 2010 at 6:00 pm Page 8 of 10 • The planning commission has asked that any committee appointed that would change the zoning *o" text amendment would request that a planning commission member be appointed as well on the N14 committee. • It will help the flow of information. • Any Citizen, council, committee, or staff proposals need to go through the City Manager. • Once that item is approved, it will be placed on the planning commission agenda or the staff can propose changes. • If it is placed on the planning commission agenda, it may go to the CZIM for changes. • If the staff recommends changes, the comments will be received. • During this process, the staff will work together with the committee to prepare changes. • All of the commentary will be included with the committees input in the final draft. • They would then go to a joint work session where they could iron out any differences or issues. • Once the work session is over, it would go to the planning commission. • The planning commission would then hold a public hearing for any further changes, additions, or deletion. • At the end of this process, they would send forward an approval, approval with changes, or denial. • It will then be presented at a Council work session if needed. • The City Attorney would review the item. • The item would then go to a city council meeting with public hearing. • The council will either deny the item or approve. ON" • The steps on the flow chart are something we're required to do, even if there isn't a committee. • It simply takes the commentary from those meetings and forwards them to the planning W&AW commission and the planning commission makes a recommendation that is forwarded to the council. Councilmember Lusk: • What process has this next agenda item gone through? Lynn Tully: • There was no committee involved. It was directed by the Council. • CZIM is scheduled for this particular item but it hasn't been held yet. • The Planning commission is to hear this item this month. Councilmember Tart: • The external committee could request two members from the planning commission. • I'm seeing that we would actually look at the final version that the planning commission has recommended. • I would rather have the committee's versions and planning commission's recommendations before we make a final decision. • They need to be the last body to review it. • I don't want a committee to be working on something for a long time, and then the planning •n. commission to chop it up. 0 I would like to have something for comparison. ``o Work Session of the Milton City Council Monday, July 12, 2010 at 6:00 pm Page 9 of 10 Councilmember Thurman: ,,, • I like that the committee is required to have a joint meeting with the planning commission. I think it is important. • I think what comes before the Council at a work session should be both proposals from the committee and the planning commission with what they agree and disagree on. • What is presented at the meeting should be what came out of the work session from the City Council. Councilmember Zahner bailey • I like the idea to change the "may's" to the "shall's". • The planning commission will decide who they want from the committee? • At the work session, the joint activities would have already taken place? • It may go to two work sessions. Councilmember Tart: • I like what has been presented to us tonight. Lynn Tully: • Anything that you send back for significant work, the committee would take it back through the planning commission. Councilmember Thurman: • I would like to see it go back to a joint planning commission and committee meeting. George Ragsdale: • For clarity, we asked for this process definition to be created back in January. • It is independent from what has happened in recent months. • The intent is to only deal with zoning amendments. It is not to deal with any other ordinances. • The intent is that what comes out of this joint work session is a joint recommendation. • The committee would work until they came up with a joint recommendation. • In any zoning case what you are presented with is the applicant's point of view with comments from the planning commission. • I think the most recent experience is that looking at two ordinances is not a very effective way. • I think the intent is if there is a need to go back, the intent would be to go back to the joint process. Councilmember Thurman: • I don't like to think of the committee as an applicant. • These committees are spending an incredible amount of time on these. • J,3*-,YfV-the ones doing most of the work. No% Councilmember Tart • In terms of process I see them as an applicant as well. • They can present what they think is the best and we review that. • If we ne4further changes to happen or clarified it will go back to the joint committee again. • I'A"d :Iikp to' know who recommended what. Work Session of the Milton City Council Monday, July 12, 2010 at 6:00 pm Page 10 of 10 • I think it's important to know who it's coming from and their credibility. ,o Councilmember Lusk: • If we start judging an ordinance by who originated it, I think that introduces an element of bias or partiality. Councilmember Tart: • If we have a proposed ordinance in front of us, and we pass that ordinance and it's in disagreement with the law, we need to know who it comes from. Councilmember Zahner Bailey: • The new process is going to be helpful. • I like the idea of the joint committee. • I like that it comes to our work session and we can identify certain perspectives. • We need to be consistent with the current zoning laws. Councilmember Hewitt • I think it would be beneficial to get it back to a starting point if it needs work. Interim City Clerk Gordon read Agenda Item #4. 1. Discussion of RZ10-04 - To Amend the City of Milton Zoning Ordinance to Create a Required Distance for Convenience Stores and Service Stations from Residential Uses/Zoning Districts. (Presented by Lynn Tully, Community Development Director) City Manager Lagerbloom: • If the council asks that something go to a work session, I have no problem putting it there. • This was a council request to be discussed at a work session. • I'm fine with pushing this back until it goes to CZIM. • We can move it to August 2nd. • I believe it would be a better approach. EXECUTIVE SESSION Adjourned into executive session to discuss personnel and land acquisition. Motion and Vote: Councilmember Thurman moved to adjourn into executive session. Councilmember Tart seconded the motion. The motion passed unanimously. (7-0) After no further discussion, the Work Session adjourned at 8:01 p.m. J?ppo S I K Qba' Date Approved: August 2, 2010 100 r% s .c `',,/1 c Sudie AM Gordon, I terim City Clerk Joe Lockwo ' ay°r