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HomeMy WebLinkAboutMinutes CC - 11/19/2012 - MINS 11 19 12 REG (Migrated from Optiview)l Regular Meeting of the Milton City Council Monday, November 19,2012 at 6:00 pm Page 1 of 13 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 ofthe Milton City Council Meeting proceedings. Official Meetings are audio and video recorded. The Regular Meeting of the Mayor and Council of the City of Milton was held on November 19, 2012 at 6:00 PM, Mayor Joe Lockwood presiding. INVOCATION Pastor Patrick Abent, Inner Quest Church, Milton, GA CALL TO ORDER Mayor Joe Lockwood called the meeting to order. ROLLCALL l Councilmembers Present: Councilmember Thunnan, Councilmember Kunz, Councilmember Large, Councilmember Hewitt, Councilmember Longoria and Councilmember Bill Lusk. PLEDGE OF ALLEGIANCE APPROVAL OF MEETING AGENDA (Agenda Item No. 12-293) Motion and Vote: Councilmember Large moved to approve the Meeting Agenda with the following changes: • Add under New Business the following: A Resolution Electing Absent Municipality Status Regarding All Future LOST Proceedings Related to and Triggered by the 2010 Census. Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0). l Regular Meeting ofthe Milton City Council Monday, November 19,2012 at 6:00 pm Page 2 of 13 JPUBLIC COMMENT (None) Motion and Vote: Councilmember Lusk moved to move Agenda Item No. 12-303 from the Consent Agenda to New Business. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0). CONSENT AGENDA 1. Approval of the November 5,2012 Regular City Council Minutes. (Agenda Item No. 12-294) (Sudie Gordon, City Clerk) 2. Approval of the November 14,2012 City Council Work Session Minutes. (Agenda Item No. 12-295) (Sudie Gordon, City Clerk) 3. Approval of a Revised Professional Services Agreement between the City of Milton and Sun Trust Banks, Inc. for Banking Services. (Agenda Item No. 12-296) (Stacey Inglis, Assistant City Manager) 4. Approval of a Contract Renewal between the City of Milton and AT&T for Telephone Services. j. (Agenda Item No. 12-297) (David Frizzell, IT Manager) 5. Approval of a Construction Services Agreement between the City of Milton and Blount Construction Company, Inc. for Sidewalk, Curb and Gutter Repair at Various Locations within the City. (Agenda Item No. 12-298) (Carter Lucas, Public Works Director) 6. Approval of the Acquisition of 1,247.47 SF of Right of Way, 5,434.51 SF of Penn anent Construction and Maintenance Easement at 12655 New Providence Road from Panayotis and Zoe Theofandis for a Total Combined Purchase Price of$18,000. (Agenda Item No. 12-299) (Carter Lucas, Public Works Director) 7. Approval of the Acquisition of2,157.00 SF of Right of Way and 450.00 SF of Penn anent Construction and Maintenance Easement at 12700 New Providence Road from Andrea L. and James R. Little for a Total Combined Purchase Price of $34,500. (Agenda Item No. 12-300) (Carter Lucas, Public Works Director) 8. Approval of the Acquisition of 701.03 SF of Right of Way, 2,175.24 SF of Penn anent J: Construction and Maintenance Easement at 12600 Arnold Mill Road from Fulton County for a Total Combined Purchase Price of $4,000. (Agenda Item No. 12-301) (Carter Lucas, Public Works Director) L Regular Meeting of the Milton City Council Monday, November 19,2012 at 6:00 pm Page 3 of 13 9. Approval of the Acquisition of 15,648.88 SF of Right of Way and 14,060.42 SF of Penn anent Construction and Maintenance Easement at 14575 Providence Road from Ray Sheppard and Melanie Lynn Brooks for a Total Combined Purchase Price of $40,500. (Agenda Item No. 12-302) (Carter Lucas, Public Works Director) Consent Agenda Item No. 12-303 was moved by Motion and Vote to New Business. 10. Approval ofa Professional Services Agreement between the City of Milton and Owens Environmental Design, LLC for Conceptual Design of Deerfield Park. (Agenda Item No. 12-303) (Jim Cregge, interim Parks & Recreation Director) 11. Approval of a Contract between the City of Milton and Families First, Inc. to Provide Employee Assistance Program (EAP) Services to City Employees and Their Families. (Agenda Item No. 12-304) (Sam Trager, Human Resources Director) L Motion and Vote: Councilrnember Thurman moved to approve the Consent Agenda as amended. Councilrnember Lusk seconded the motion. The motion passed unanimously (7-0). REPORTS AND PRESENTATIONS 1. Presentation of the Flag of the United States of America to the City of Milton. (Presented by Congressman Tom Price) 2. Proclamation Recognizing City of Milton 2012 Police Officer of the Year -Keenan Grey. (Presented by Mayor Joe Lockwood) 3. Proclamation Recognizing National American Indian Heritage Month. (Presented by Mayor Joe Lockwood) 4. Proclamation Recognizing Milton-based MDJunior and Shaun Venna. (Presented by Mayor Joe Lockwood) 5. Proclamation Recognizing Crabapple Crossing Elementary School's Designation as a "Blue Ribbon School". (Presented by Mayor Joe Lockwood) l Regular Meeting of the Milton City Council Monday, November 19,2012 at 6:00 pm Page 4 of 13 JFIRST PRESENTATION 1. Consideration of an Ordinance Reaffirming and Establishing Chapter 46 of the Milton Code of Ordinances Governing Solid Waste Collection Services Within the City of Milton; Providing for the Scope and Nature of the Operation; Providing for the Disposal of Garbage, Solid Waste and Refuse; Requiring the Execution by Service Providers of a Non-Exclusive Agreement with the City of Milton; Providing Procedures for the Handling of Complaints; Providing for an Infrastructure Maintenance Fee; Requiring Indemnity Insurance; Providing for Revocation and Amendment; Prohibiting Assignment and Subletting without Consent; Providing for Forfeiture; and for Making Other Provisions. (Agenda Item No. 12-305) (Discussed at Work Session on November 14,2012) (Cindy Eade, Sustain ability Coordinator) Motion and Vote: Councilmember Lusk moved to approve the First Presentation Item. Councilmember Hewitt seconded the motion. The motion passed unanimously (7-0). PUBLIC HEARING (None) J ZONING AGENDA (None) UNFINISHED BUSINESS 1. Consideration 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) ORD. NO. 12-11-153 (First Presentation at November 5,2012 Regular Council Meeting) (Ken Jarrard, City Attorney) Ken Jarrard, City Attorney: • This is a modification of the City of Milton internal rules and procedures in regard to how you conduct your official business. • This modification was made because of the new Open Meetings Act which occurred in J April of this year. • Therefore, it was appropriate to update all of your policies. • You have in front of you a red-lined document. • We took your existing rules and made sure that they were perfectly consistent with the new Open Meetings Act. l l l Regular Meeting of the Milton City Council Monday, November 19,2012 at 6:00 pm Page 5 of 13 • There is nothing different in these rules and procedures from what the state law allows. • On page six under Section 14(b) it states that agendas must be given to you seven working days prior to a meeting. • I wanted to see if you would like to change this rule so that an agenda item can be added within the week prior to a meeting. • This does not take away our ability to make changes to an agenda at a meeting. Karen Thurman, Councilmember: • I would like to ask staff if they are comfortable with the seven working days prior to a meeting for a meeting packet to be delivered. What are the guidelines for most of the other cities? Chris Lagerbloom, City Manager: • That timeline is a little more stringent than I have seen in other cities. The seven working days prior to a meeting time line protects the city against any councilmember that may possibly be on their way out of office from being able to come in at the last minute and add an agenda item to a meeting for their own benefit. • We are really trying to give all of you enough time to review agenda items prior to a meeting so that you have enough time to be well-informed of a subject prior to a meeting. • Would three days (72 hours) be enough time to receive a packet and feel comfortable enough with the subject matter that you are able to vote on it? Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 12-284 with the following change: • Section 14, under Agenda, Item B should state, ''three working days prior to the scheduled meeting" rather than seven. Councilmember Lusk seconded the motion. The motion passed unanimously (7-0). 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) ORD. NO. 12-11-154 (First Presentation at November 5,2012 Regular Council Meeting) (Chris Lagerbloom, City Manager) Chris Lagerbloom, City Manager: • This came to our attention after we had our Code Enforcement Officers try to pursue some cases in municipal court where the judge ruled that our ordinance is too vague. • Therefore, we felt that it was appropriate to change the ordinance to make it clearer. Regular Meeting of the Milton City Council Monday, November 19,2012 at 6:00 pm Page 6 of 13 J• The vagueness was in the part of the ordinance that referred to whether or not an undeveloped lot in a subdivision has to be maintained at the same level and standard as a developed lot. • I would ask tonight that you consider adding language requiring the maintenance of lots in both developed and undeveloped lots "in platted subdivisions." Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 12-285 with the following change: Add the following language in (d) (1): first sentence after the word "lots", add "in platted subdivisions. " Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). NEW BUSINESS 1. Consideration of a Resolution Adopting the Council and Work Session Meeting Dates (January J through December, 2013). (Agenda Item No. 12-306) RES. NO. 12-11-238 (Sudie Gordon, City Clerk) Sudie Gordon, City Clerk: • We are asking for your approval ofthe 2013 Council Meeting dates. • You have in front of you a calendar that shows the 36 upcoming City Council meetings for 2013. • The blue highlighting on the calendar indicates a regular meeting. • The red highlighting on the calendar indicates a work session. • There are four meetings in 2013 that will be held on a Wednesday, instead of Monday, due to the following holidays that fall on a Monday in which the city office will be closed: Martin Luther King Day, Presidents Day, Labor Day, and Veterans Day. • When preparing the 2013 City Council meeting calendar, the following dates were taken into consideration: the city's eleven observed holidays, the Fulton County school calendar, the Mayor's Day Conference in January, and the GMA Conference in June. • Our first regularly scheduled meeting for 2013 will be on January 7th . • If you approve this calendar, it will be available to our citizens on our website. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 12-306. Councilmember Longoria seconded the motion. The motion passed unanimously (7-0). J l l l Regular Meeting of the Milton City Council Monday, November 19,2012 at 6:00 pm Page 7 of 13 2. Consideration of a Resolution to Approve the Agreement between Fulton County, Georgia and The City of Milton, Georgia to Allow the Use of Community Development Block Grant Program (CDBG) Program Funds in Year 2012 in the Amount of$53,750 to Rehabilitate the Two and a Half Acre Former Residential HomelEstate for Use as a Senior Center Located at 15690 Hopewell Road, Milton, Georgia. (Agenda Item No. 12-307) RES. NO. 12-11-239 (Michele McIntosh-Ross. Principal Planner) Michele McIntosh-Ross, Principal Planner: • On September 17,2012, the City of Milton approved a resolution to submit an application to Fulton County requesting funds for the Community Development Block Grant program to use for the rehabilitation of the city property at 15690 Hopewell Road, also known as the Hopewell House, to be used for renovation as a Senior Center. • Subsequently, iIi a letter dated November 1, 1012, Fulton County gave official notification that the City of Milton will be the recipient of the Fiscal Year 2012 CDBG Funds through the Fulton County CDBG program in the amount of$53,750. • Tonight, we are here with a resolution to confirm the contractual agreement between the City of Milton and Fulton County to proceed with the renovation of this project. • We are asking for your approval ofthe resolution agreeing to the contractual agreement between Fulton County and the City of Milton. Chris Lagerbloom, City Manager: • We are dependent upon receiving funding from Senior Services North Fulton in order to get this funding. • They are contingent upon each other. • Therefore, if we do not get funding from Senior Services North Fulton, we will not get the funding that is in front of you tonight. Karen Thurman, Councilmember: • I am still very concerned about the $699,000 projected cost of renovating this house to make it a Senior Center. • I know that everyone keeps saying that this is a very conservative estimate; however, with all the other needs we have in the city, even if$160,000 of the cost comes from Fulton County, that is still a very large amount of money that will come out of Milton's pocket. • When will we know how much the total cost of the facility is going to be and if it ends up being $699,000, when is it not too late for us to say, "enough is enough" we are not going to put any more money into this project because we have more important needs. • We could then have other possibilities for senior centers that will cost us less money. City Manager Lagerbloom: c We have had construction costs estimated by Precision Planning which is a very conservative . amount in which I do not think the costs will exceed that amount. • In addition, with the CDBG funds, we would like to hire an architect to take the cost p.stimat~ and make it more precise prior to starting any construction. Regular Meeting of the Milton City Council Monday, November 19,2012 at 6:00 pm Page 8 of 13 J• However, once we have used the CDBG funds to hire an architect and we discover that we do not want to proceed with the construction of a Senior Center, we will have to reimburse Fulton County for those funds. Bill Lusk, Councilmember: • If we do not accept this grant tonight, will we lose it? Michele McIntosh-Ross: • Yes, Fulton County will put the funds back on the market and another jurisdiction could possibly take the funding. • The total cost for the architectural design is approximately $74,000. • We will receive $53,750 through this grant. • That will leave the City of Milton with the remaining cost of approximately $20,250. Matt Kunz, Councilmember: • I am having difficulty understanding the reasoning behind the finances put toward this project. • I have not had a lot of seniors come to me and tell me that they love this idea. • The public has not embraced this project and, in fact, I have heard more people question why we would use this money for a senior center as opposed to bike lanes, roundabouts, etc. J • It has been mentioned that we already have the Bethwell Community Center as a gathering . location in addition to the deal that was just put together with the City of Alpharetta to use their facilities. • In addition, parking will be an issue at the Hopewell House location and there is some concern for the safety of the building as a Senior Center. • We are not able to use it for weddings and we may not necessarily have the option of using the historical aspect of the building. • The total cost of expenses associated with the renovation and continuing upkeep of the building is a concern. • I would rather this historical house been under the guise of a foundation. • I just do not think I can support this endeavor. Councilmember Thurman: • Regarding the initial $74,000, is that what we expect it will cost us for the design and engineering to figure out how we will use the facility? Michele Mcintosh-Ross: • Yes, that is the first phase. • We figured we could spend that amount for this Fiscal Year 2012. Councilmember Thurman: • Where did that amount come from? Will this go out to bid? J Michele McIntosh-Ross: • It was an initial estimate from the cost estimate we received. l l Regular Meeting of the Milton City Council Monday, November 19,2012 at 6:00 pm Page 9 of 13 • It was included in the $699,000 initial concept cost estimate. • There was a breakdown for each category and to hire an architect it was estimated to be $74,000. Carter Lucas, Public Works Director: • We put the architectural services out for a request of qualifications. • It is a little different procedure than putting out a bid. • With professional services, we make a selection of the most qualified architect to provide the services and then we negotiate a price. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 12-307. Councilmember Lusk seconded the motion. The motion passed (6-1). Councilmember Kunz was in opposition. 3. Consideration of a Resolution to Authorize the Mayor and City Council to Approve the Submission of a Grant Application to the Monarchs Across Georgia for Funding for a Pollinator Garden. (Agenda Item No. 12-308) RES. NO. 12-11-240 (Cindy Eade, Sustainability Coordinator) Cindy Eade, Sustain ability Coordinator: • I would like to talk to you about a resolution to seek approval for a grant of $750 for a pollinator garden also referred to as a butterfly garden. • We would like this grant so we do not have to use public funds for this project in working toward the Community Wildlife Habitat Certification. • We have spoken with the Fire Chief and our idea is to develop the front yard of the Thompson Fire Station so that the community and our firefighters can have a beautiful place to visit. • There is also a Boy Scout in our community that is working toward his Eagle Scout designation who will help us with this project as well. • He will build a pathway and arbor. • The butterfly garden will be against Thompson road in a triangle fashion. • This project will help us get certified as a Wildlife Habitat Community. • We will receive about 30 points for this project. Motion and Vote: Councilmember Thurman moved to approve Agenda Item No. 12-308. Councilmember Lusk seconded the motion. The motion passed unanimously (7-0). l Regular Meeting of the Milton City Council Monday, November 19,2012 at 6:00 pm Page 10 of 13 J 4. Consideration ofa Conflict Waiver Regarding Jarrard & Davis, LLP's Representation of the City of Milton in Relation to the First Amendment to an lOA and Sublease Agreement. (Agenda Item No. 12-309) (Ken Jarrard, City Attorney) Ken Jarrard, City Attorney: • This is a Waiver of Conflict which is the other side of what the PBF A approved earlier this evening. • This would authorize Jarrard and Davis to act on behalf of the City of Milton as opposed to the PBF A with respect to the subtenant transaction that we will discuss in the next agenda item. Motion and Vote: Councilmember Longoria moved to approve Agenda Item No. 12-309. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0). 5. Consideration of a First Amendment to Intergovernmental and Sublease Agreement Between the City of Milton and the City of Milton Public Buildings and Facilities Authority. (Agenda Item No. 12-310) (Ken Jarrard, City Attorney) Ken Jarrard, City Attorney: • We have an lOA with the PBF A with City Hall lease space that was entered into earlier this year. J • In front of you tonight is a proposed amendment to that lease that the City Council has with the PBF A that would authorize a modification of the term ofthe lease for which the city will be leasing a larger space with an offsetting rent increase for six months. • All of the terms of the lOA will remain the same. Motion and Vote: Councilmember Lusk moved to approve Agenda Item No. 12-310. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0). 6. Consideration of a Resolution Appointing and Authorizing Special Counsel to Represent the City to Obtain a Local Option Sales Tax ("L.O.S.T.") Distribution Certification as Required Under the Laws of the State ofOeorgia; To Authorize Said Counsel to Assist in the Preparation, Presentation and Litigation ofthe City's Case; Repeal Inconsistent Provisions; and for other Purposes. (Agenda Item No. 12-311) RES. NO. 12-11-237 (Ken Jarrard, City Attorney) Ken Jarrard, City Attorney: • This resolution would authorize the retention of Andy Welch and the law firm of Smith, Welch, Webb, and White as special counsel to represent the City of Milton along with other cities with J respect to our Local Option Sales Tax mediation and litigation with Fulton County as authorized . and required by state law. • When you approve this resolution, you are also approving this attorney to commit to litigation on behalf of the City of Milton. l Regular Meeting of the Milton City Council Monday, November 19,2012 at 6:00 pm Page 11 of 13 Motion and Vote: Council member Longoria moved to approve Agenda Item No. 12-311. Councilmember Kunz seconded the motion. The motion passed unanimously (7-0). 7. Consideration of a Professional Services Agreement Between Brown Pelican Consulting and Municipalities of Fulton County for Providing Consulting Services to Cities as Such Services Pertain to Georgia's L.O.S.T. Distribution. (Agenda Item No. 12-312) (Chris Lagerbloom, City Manager) Chris Lagerbloom, City Manager: • This is a contract for the city to enter into a contract with a consultant for the purpose of determining the county's share versus the municipality's share. Motion and Vote: Councilmember Hewitt moved to approve Agenda Item No. 12-312. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). The following Agenda Item was added to New Business by Motion and Vote. L 8. A Resolution Electing Absent Municipality Status Regarding All Future LOST Proceedings Related to and Triggered by the 2010 Census. Chris Lagerbloom, City Manager: • We do not want to take any action on this agenda item tonight. • We would simply like to defer it until the December 3, 2012 Regular Council Meeting. Motion and Vote: Councilmember Longoria moved to defer this Agenda Item to the December 3, 2012 Regular Council Meeting. Councilmember Lusk seconded the motion. The motion passed unanimously (7-0). Thefollowing Agenda Item No. 12-303 was movedfrom Consent Agenda to New Business by Motion and Vote. 9. Approval of a Professional Services Agreement between the City of Milton and Owens Environmental Design, LLC for Conceptual Design of Deerfield Park. (Agenda Item No. 12-303) (Jim Cregge, Interim Parks & Recreation Director) Jim Cregge, Interim Parks & Recreation Director: • We are requesting approval for funding for an initial concept design for the Deerfield Park. • We are working on a design for a one acre parcel ofland that was purchased approximately two years ago with MARTA funds in the Deerfield Park area. • We have several concepts that we would like to have drawn. l Regular Meeting of the Milton City Council Monday, November 19,2012 at 6:00 pm Page 12 of 13 ]• We have a local landscape architect who is here tonight. • We would like to present these drawings to you during a work session and then show them to the public to get their input. Motion and Vote: Councilmember Kunz moved to approve Agenda Item No. 12-303. Councilmember Lusk seconded the motion. The motion passed unanimously (7-0). MAYOR AND COUNCIL REPORTS Chris Lagerbloom, City Manager: • We are going to be considering an IGA with the five North Fulton cities for the Public Safety communications system. • We are not going to have a lot of time to consider this. ". \ \',' • A decision will have to be made quickly.--i".:. '. • • We have appropriated funding for this project over the past few years and will be in a position to ~~ J.:.• We will be required to have a tower located in Milton which looks like it will be located behind . fire station number 43. • We will not need a tower on Hwy. 9 as we previously thought. • We have already set aside $1 million for this project. • We budgeted an additional $1 million but it doesn't look like we are going to have to spend all of that at this point. • In addition, as you know, we participate with the Georgia Council on Developmental Disabilities through grant funding for Amanda Quintana, our Community Builder. • The funding for this program will end on November 30th • • I need to know from you whether or not we will continue to fund the Community Builder position going forward. • I would like to obtain your approval to fund this position for an additional 60 days from the November 30th end date so that we will have time to make a decision about this position. • We would need approximately $10,000 to fund this position for the remainder of the year. • At a later date, I would like to present to you a vision that I have for this position going forward. STAFF REPORTS EXECUTIVE SESSION (ifneeded) J RECONVENE L Regular Meeting of the Milton City Council Monday, November 19,2012 at 6:00 pm Page 13 of 13 \ ADJOURNMENT (Agenda Item No. 12-313) Motion and Vote: Councilmember Lusk moved to adjourn the Regular Meeting at 8:27 p.m. Councilmember Thurman seconded the motion. The motion passed unanimously (7-0). After no further discussion the Regular Council Meeting adjourned at 8:27 p.m. Date Approved: December 3, 2012. Sudie AM Gordon, City Clerk l l