HomeMy WebLinkAboutMinutes CC - 11/05/2012 - MINS 11 05 12 REG (Migrated from Optiview)Regular Meeting of the Milton City Council
Monday, November 5, 2012 at 6:00 pm
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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. Oficial Meetings are audio and video recorded.
The Regular Meeting of the Mayor and Council of the City of Milton was held on November 5,
2012 at 6:00 PM, Mayor Joe Lockwood presiding.
INVOCATION
Remco Brommet, Chaplain for City of Milton Police and Fire
CALL TO ORDER
Mayor Joe Lockwood called the meeting to order.
ROLL CALL
Councilmembers Present: Councilmember Thurman, Councilmember Kunz, Councilmember Large,
Councilmember Hewitt, Councilmember Longoria and Councilmember Bill Lusk.
PLEDGE OF ALLEGIANCE
APPROVAL OF MEETING AGENDA
(Agenda Item No. 12-274)
Motion and Vote: Councilmember Lusk moved to approve the Meeting Agenda with the following
changes:
• Add an executive session to discuss potential and pending litigation and land acquisition.
• Remove the proclamation recognizing the 2012 City of Milton Officer of the Year under
Reports and Presentations and defer it to the November 19, 2012 regular council meeting.
Councilmember Large seconded the motion. The motion passed unanimously (7-0).
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Regular Meeting of the Milton City Council
Monday, November 5, 2012 at 6:00 pm
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PUBLIC COMMENT (None)
Motion and Vote: Councilmember Lusk moved to move Agenda Item No. 12-279 from the
Consent Agenda to New Business. Councilmember Thurman seconded the motion. The motion
passed unanimously (7-0).
CONSENT AGENDA
1. Approval of the October 8, 2012 City Council Work Session Minutes.
(Agenda Item No. 12-275)
(Sudie Gordon, City Clerk)
2. Approval of the October 15, 2012 Regular City Council Minutes.
(Agenda Item No. 12-276)
(Sudie Gordon, City Clerk)
3. Approval of a Professional Services Agreement Change Order between the City of Milton and
BM&K, P.C. for Right of Way Services for Intersection Improvements for SR 372 at Providence
Road and SR 140 at New Providence Road.
(Agenda Item No. 12-277)
(Carter Lucas, Public Works Director)
4. Approval of a Construction Services Agreement between the City of Milton and Infinity
Construction Services, Inc. for Traffic Calming for White Columns.
(Agenda Item No. 12t-278)
(Carter Lucas, Public Works Director)
Consent Agenda Item No. 12-279 was moved by Motion and Vote to New Business.
5. Approval of a Professional Services Agreement between the City of Milton and Willmer
Engineering, Inc. to Provide Geotechnical Testing Services for the Replacement of the Cogburn
Road Bridge.
(Agenda Item No. 12-279)
(Carter Lucas, Public Works Director)
6. Approval of a Right of Way Mowing and Maintenance Agreement by and between the Georgia
Department of Transportation and the City of Milton for Project PI 0005448 SR
372/Birmingham Highway at Providence Road Roundabout.
(Agenda Item No. 12-280)
(Carter Lucas, Public Works Director)
7. Approval of a Right of Way Mowing and Maintenance Agreement between the City of Milton
and Georgia Department of Transportation for the Proposed City of Milton Court, Fire and
Police Facility Located at 13690 State Highway 9.
(Agenda Item No. 12-281)
(Carter Lucas, Public Works Director)
Regular Meeting of the Milton City Council
Monday, November 5, 2012 at 6:00 pm
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8. Approval of a Professional Services Agreement between the City of Milton and Mauldin &
Jenkins, LLC for External Auditing.
(Agenda Item No. 12-282)
(Stacey Inglis, Finance Director)
9. Approval of the Audit Engagement Letter with Mauldin & Jenkins, LLC to Audit the City's
Financial Statements for the Fiscal Year Ending September 30, 2012.
(Agenda Item No. 12-283)
(Stacey Inglis, Finance Director)
Motion and Vote: Councilmember Thurman moved to approve the Consent Agenda as amended.
Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0).
REPORTS AND PRESENTATIONS
1. Proclamation Recognizing High School Inventor Raja Selvakumar.
(Presented by Mayor Joe Lockwood)
2. Proclamation Recognizing Birmingham United Methodist Church as a Roundup Partner.
(Presented by Mayor Joe Lockwood)
3. Proclamation Recognizing Veteran's Day.
(Presented by Councilmember Bill Lusk)
The following proclamation was deferred to the November 19, 2012 regular council meeting made
by motion and vote under Approval of Meeting Agenda.
4. Proclamation Recognizing City of Milton 2012 Police Officer of the Year — Keenan Grey.
(Presented by Mayor Joe Lockwood)
FIRST PRESENTATION
Consideration of the Approval of An Ordinance Amending Ordinance No. 09-09-49 Adopting
and Amending Rules and Procedures for the City Council Meetings and Public Hearings for the
City of Milton, Georgia; and for Other Purposes.
(Agenda Item No. 12-284)
(Ken Jarrard, City Attorney)
2. Consideration of an Ordinance to Amend Article III, Property Maintenance, Division 4, General
Requirements, Section 10-267 (Exterior Property Requirements) of Chapter 10, Buildings and
Building Regulations of the City of Milton Code.
(Agenda Item No. 12-285)
(Chris Lagerbloom, City Manager)
Motion and Vote: Councilmember Hewitt moved to approve the First Presentation Items.
Councilmember Lusk seconded the motion. The motion passed unanimously (7-0).
Regular Meeting of the Milton City Council
Monday, November 5, 2012 at 6:00 pm
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PUBLIC HEARING
Consideration of the Approval of the Issuance of an Alcohol Beverage License to Mr. Jing Inc.
d/b/a Ru Sans located at 13085 Highway 9, Suite 440, Milton, Georgia 30004. The Applicant is
Jing Bo Li — Consumption on Premises Wine and Malt Beverages.
(Agenda Item No. 12 — 272)
(Deferred at October 15, 2012 Regular Council Meeting)
(Stacey Inglis, Finance Director)
Stacey Inglis, Finance Director:
• This item is before you again tonight.
• The applicant is in compliance with all the city's requirements.
• This is a new owner of this business.
• The previous owner had this same type of license.
• Staff recommends that you approve this license.
Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 12-272.
Councilmember Thurman seconded the motion. The motion passed unanimously (7-0).
2. Consideration of a Resolution Imposing A Limited and Temporary Moratorium Upon Issuance
of Business Licenses to New Pain Management Clinics within the City of Milton.
(Agenda Item No. 12-286)
(Ken Jarrard, City Attorney)
Ken Jarrard, City Attorney:
• This is the public hearing component of a moratorium with respect to pain management clinics.
• This is a moratorium that you have seen before.
• These are the type of businesses that the City of Milton and the state of Georgia find undesirable
since they have less of a medical component and more of a pain medication prescription
component.
• The state has implemented steps to deter these types of business from coming to Georgia.
• One of these steps is a state-wide date base used to monitor the abuse of prescription pain
medication.
• At our last meeting, we decided to give the state more time to adopt regulations regarding these
type of businesses.
• This is a moratorium that will be effective until April 2013 which will give the state time to
adopt regulations.
Councilmember Lusk:
Will this moratorium make it unlawful to advertise pain clinics?
Regular Meeting of the Milton City Council
Monday, November 5, 2012 at 6:00 pm
Page 5 of 8
Ken Jarrard:
• No, this will only affect these type of businesses that want to apply for a business license within
the City of Milton.
ZONING AGENDA (None)
UNFINISHED BUSINESS (None)
NEW BUSINESS
1. Consideration of a Memorandum of Understanding between the City of Milton and the City of
Alpharetta for Parks and Recreation Programs and Services.
(Agenda Item No. 12-287)
(Jim Cregge, Interim Parks and Recreation Director)
Chris Lagerbloom, City Manager:
• The City of Milton and the City of Alpharetta have worked together to eliminate non-resident
fees for the use of their parks and recreational activities.
• We have a very good working relationship with the City of Alpharetta.
• The City of Alpharetta has realized that their park space is at capacity and they have nearly
doubled in population and the City of Milton has room to grow.
Mark Reed, Parks and Recreation Advisory Board:
• You have in front of you two resolutions that we passed at our last meeting.
The first resolution is that it is in the best interest of the City of Milton to enter into a
Memorandum of Understanding with the City of Alpharetta for all citizens of Alpharetta and
Milton have use of the parks and recreational activities at the resident cost.
The second resolution is the recognition of Jim Cregge, Interim Parks and Recreation
Director who tirelessly worked to create this Memorandum of Understanding without any
additional cost to the city.
Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 12-287.
Councilmember Lusk seconded the motion. The motion passed unanimously (7-0).
2. Consideration of a Resolution Adopting the Parks & Recreation Master Plan.
(Agenda Item No. 12-288)
RESOLUTION NO. 12-11-235
(Jim Cregge, Interim Parks and Recreation Director)
Regular Meeting of the Milton City Council
Monday, November 5, 2012 at 6:00 pm
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Chris Lagerbloom, City Manager:
• This is the culmination of a long process with consultants and staff.
• By adopting this tonight, the City of Milton will use this as a guide.
Bill Lusk, Councilmember:
• Do you know when the 15 acres that we just bought at Bell Memorial Park will be developed?
Jim Cregge, Interim Parks and Recreation Director:
• We want to hire an Engineering Consulting Team to help us create a Master Plan.
• A draft of that RFP is complete and is being reviewed by Rick Pearce, Carter Lucas, and myself.
• We hope to have it finalized by November 19t'.
• We are hoping to seek citizen input sometime in March 2013 and finalize a plan by the summer
of 2013.
• We hope to start breaking ground by the fall of 2013.
Councilmember Lusk:
• Could you please tell me what you are hoping to accomplish at the Community Input meeting at
Shannondale Farms you are having in a couple of weeks?
Jim Cregge, Interim Parks and Recreation Director:
• I hope to ease some of the concerns that citizens may have about what this land will be used for.
Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 12-288.
Councilmember Longoria seconded the motion. The motion passed unanimously (7-0).
Consideration of A Resolution Imposing A Limited and Temporary Moratorium Upon Issuance
of Business Licenses to New Pain Management Clinics within the City of Milton.
(Agenda Item No. 12-286)
RESOLUTION NO. 12-1.1-236
(First Public Hearing held on November 5, 2012)
(Ken Jarrard, City Attorney)
Ken Jarrard, City Attorney:
• This is the actual adoption of the moratorium we just discussed.
• It will place a temporary moratorium upon the issuance of business licenses to new Pain
Management Clinics in the City of Milton.
• It will expire on April 5, 2013.
• I recommend that we adopt this resolution tonight.
Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 12-286.
Councilmember Kunz seconded the motion. The motion passed unanimously (7-0).
Regular Meeting of the Milton City Council
Monday, November 5, 2012 at 6:00 pm
Page 7 of 8
4. Approval of a Professional Services Agreement between the City of Milton and Willmer
Engineering, Inc. to Provide Geotechnical Testing Services for the Replacement of the Cogburn
Road Bridge.
(Agenda Item No. 12-279)
(Carter Lucas, Public Works Director)
Bill Lusk, Councilmember:
• I have a few questions regarding this contract.
• I believe this is the last piece of work that needs to be done on the replacement of the Cogburn
Road Bridge.
• It looks like the final cost just came in but wasn't approved a couple of months ago when the job
was completed.
Carter Lucas, Public Works Director:
• In this particular case, there was some discussion on some of the contract language.
• Because of the timing of the project, Willmer Engineering went ahead and performed the
services and was out on the project on our behalf while they worked through the legal language
of the contract.
• This came forward as soon as they felt comfortable with some of the indemnity language of the
contract.
• They signed it and were playing "catch up" which is obviously not our normal process.
• That is why it is so delayed.
Councilmember Lusk:
• So, this is the final cost of the Cogburn Road bridge replacement project?
Carter Lucas:
• Yes
Councilmember Lusk:
• Do you know what the final cost was?
Carter Lucas:
• Off the top of my head, I do not but I know we were under budget.
Councilmember Lusk:
• There is a $7,108 amount and a $12,365 amount, which of these amounts is the final cost?
Carter Lucas:
• We incurred some costs over and above the $7,108 amount but we did not utilize some of the
services that were included in the $12,365 cost estimate.
• You are approving the $7,108 tonight.
Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 12-279.
Councilmember Large seconded the motion. The motion passed unanimously (7-0).
Regular Meeting of the Milton City Council
Monday, November 5, 2012 at 6:00 pm
Page 8 of 8
MAYOR AND COUNCIL REPORTS
STAFF REPORTS
EXECUTIVE SESSION
Motion and Vote: Councilmember Large moved to adjourn the Regular Meeting at
7:03 p.m. Councilmember Longoria seconded the motion. The motion passed unanimously (7-0).
RECONVENE
Motion and Vote: Councilmember Lusk moved to adjourn the Regular Meeting at
7:33 p.m. Councilmember Longoria seconded the motion. The motion passed unanimously (7-0).
ADJOURNMENT
(Agenda Item No. 12-289)
Motion and Vote: Councilmember Longoria moved to adjourn the Regular Meeting at
7:33 p.m. Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0).
After no further discussion the Regular Council Meeting adjourned at 7:33 p.m.
Date Approved: November 19, 2012.
6 zo
Sudie AM Gordon, City Clerk
STATE OF GEORGIA
COUNTY OF FULTON
CITY OF MILTON
AFFIDAVIT RE: CLOSURE OF
OPEN MEETINGS
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 November 5, 2012, 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]
1. X discussion or voting to authorize negotiations to purchase, dispose of, or lease
property; authorizing the ordering of an appraisal related to the acquisition or disposal of real estate;
entering into contract to purchase, to dispose of, or lease property subject to approval in a subsequent
public vote; or entering into an option to purchase, dispose of, or lease real estate subject to approval in a
subsequent public vote pursuant to O.C.G.A, 50-14-3(b)(1)(B-E);
2. discussing or deliberating upon the appointment, employment, compensation, hiring,
disciplinary action or dismissal, or periodic evaluation or rating of a public officer or employee or
interviewing applicants for the executive head of the city with the vote on any such matter coming in
public pursuant to O.C.G.A. 50-14-3(b)(2);
3. X attorney/client privilege in order to consult and meet with legal counsel pertaining to
pending or potential litigation, settlement, claims, administrative proceedings or other judicial actions
brought or to be brought by or against the agency or any officer or employee or in which the agency or
any officer or employee may be directly involved, pursuant to O.C.G.A. 50-14-2(1).
4. other (explanation):
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.
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SWORN TO AND SUBSCRIBED before me `e��0 1 M G�"�i,
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MAYOR JOE LOCKWOOD