Claim Filed By Tina D'Aversa Re: Ethics Complaint / PT 3

________________________________ LUCIAN GILLIS, Jr.,
Georgia Bar No. 295163,
Attorney for Petitioner.
GILLIS & CREASY,
Two Ravinia Drive, Suite 650, Atlanta, Georgia 30346 770-394-3127; fax 770-394-3117; LGillis@gilliscreasy.com.
IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA
TINA D’AVERSA,
Petitioner
v.
CITY OF MILTON, GEORGIA BOARD OF ETHICS,
Respondent
CITY OF MILTON, GEORGIA and NEAL J. O’BRIEN,
Defendants in Certiorari
Civil Action No. 2010CV184381

WRIT OF CERTIORARI
To the Honorable CHAIRMAN OF THE CITY OF MILTON, GEORGIA BOARD OF ETHICS, Greeting, In re Tina D’Aversa (Bd. of Ethics Mar. 16, 2010):
The petition in this matter has been presented, with a certificate of costs and a bond or affidavit of indigence, all in proper and sufficient form. The Superior Court of Fulton County has sanctioned the petition, and directed the undersigned clerk of the superior court to issue a writ of certiorari, directed to the above Court.
The clerk accordingly directs the City of Milton, Georgia Board of Ethics to certify and to send up to the Superior Court of Fulton County all the proceedings in the matter known as In re Tina D’Aversa, (Bd. of Ethics Mar. 16, 2010), within 30 days after service of this writ on that honorable tribunal.
Done at Atlanta, Georgia, this day of , 2010.
_________________________________
Clerk, Superior Court of Fulton County.
Prepared and respectfully presented by:
LUCIAN GILLIS Jr.,
Georgia Bar No. 295163,
Attorney for Petitioner.
GILLIS & CREASY,
Two Ravinia Drive, Suite 650, Atlanta, Georgia 30346 770-394-3127; fax 770-394-3117; LGillis@gilliscreasy.com.
CERTIFICATE OF SERVICE
I have served this PETITION FOR WRIT OF CERTIORARI, with all supporting papers, on every party by U.S. Mail, first-class postage prepaid and addressed:
PAUL B. FRICKEY, Esq. JARRARD & DAVIS, LLP
105 Pilgrim Village Drive Suite 200 Cumming, GA 30040

Mr. NEAL J. O’BRIEN
635 Devonshire Farms Way Milton, GA 30004-4322

Hon. JOE LOCKWOOD
Mayor 13000 Deerfield Parkway, Suite 107A Milton, GA 30004



Dated April 15, 2010.
________________________________ LUCIAN GILLIS, Jr.,
Georgia Bar No. 295163,
Attorney for Petitioner.
GILLIS & CREASY,
Two Ravinia Drive, Suite 650, Atlanta, Georgia 30346 770-394-3127; fax 770-394-3117; LGillis@gilliscreasy.com.
IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA
TINA D’AVERSA,
Petitioner
v.
CITY OF MILTON, GEORGIA BOARD OF ETHICS,
Respondent
CITY OF MILTON, GEORGIA and NEAL J. O’BRIEN,
Defendants in Certiorari
Civil Action No. 2010CV184381

SUMMONS
TO THE ABOVE NAMED RESPONDENT:
You are hereby summoned and required to file with the Clerk of said court and serve upon the Petitioner's attorney, whose name and address is:
Lucian Gillis, JR., Gillis & Creasy,
Two Ravinia Drive, Suite 650, Atlanta, Georgia 30346.
an answer to the writ which is herewith served upon you, within 30 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint.
This _____________day of _____________________, 20___.
Clerk of Fulton County Superior Court
By _________________________________ Deputy Clerk
SC-1 Rev. 85
IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA
TINA D’AVERSA,
Petitioner
v.
CITY OF MILTON, GEORGIA BOARD OF ETHICS,
Respondent
CITY OF MILTON, GEORGIA and NEAL J. O’BRIEN,
Defendants in Certiorari
Civil Action No. 2010CV184381

SUMMONS
TO THE ABOVE NAMED DEFENDANT IN CERTIORARI, CITY OF MILTON, GEORGIA:
You are hereby summoned and required to file with the Clerk of said court and serve upon the Petitioner's attorney, whose name and address is:
Lucian Gillis, JR., Gillis & Creasy,
Two Ravinia Drive, Suite 650, Atlanta, Georgia 30346.
an answer to the writ which is herewith served upon you, within 30 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint.
This _____________day of _____________________, 20___.
Clerk of Fulton County Superior Court
By _________________________________ Deputy Clerk
SC-1 Rev. 85
IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA
TINA D’AVERSA,
Petitioner
v.
CITY OF MILTON, GEORGIA BOARD OF ETHICS,
Respondent
CITY OF MILTON, GEORGIA and NEAL J. O’BRIEN,
Defendants in Certiorari
Civil Action No. 2010CV184381

SUMMONS
TO THE ABOVE NAMED DEFENDANT IN CERTIORARI, NEAL J. O’BRIEN:
You are hereby summoned and required to file with the Clerk of said court and serve upon the Petitioner's attorney, whose name and address is:
Lucian Gillis, JR., Gillis & Creasy,
Two Ravinia Drive, Suite 650, Atlanta, Georgia 30346.
an answer to the writ which is herewith served upon you, within 30 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint.
This _____________day of _____________________, 20___.
Clerk of Fulton County Superior Court
By _________________________________ Deputy Clerk
SC-1 Rev. 85
GENERAL CIVIL CASE FILING
INFORMATION FORM
(NONDOMESTIC)
Court
X Superior
State
County Fulton
Date filed April 15, 2010
mm-dd-yyyy
__________________

More to come...

Honoring Our Troops on Memorial Day.

Honoring America's Heroes:

We walked among the crosses
Where our fallen soldiers lay.
And listened to the bugle
As TAPS began to play.
The Chaplin led a prayer
We stood with heads bowed low.
And I thought of fallen comrades
I had known so long ago.
They came from every city
Across this fertile land.
That we might live in freedom.
They lie here 'neath the sand.
I felt a little guilty
My sacrifice was small.
I only lost a little time

But these men lost their all.
Now the services are over
For this Memorial Day.
To the names upon these crosses
I just want to say,
Thanks for what you've given
No one could ask for more.
May you rest with God in heaven
From now through evermore.

C W Johnson


Belle Isle for State Senate
District 56
178 South Main Street
Alpharetta, Georgia 30009

NOTE: Accessmilton.com encourages all candidates running for office both locally and state wide to share information with us on their campaigns. This type of information does not mean that Accessmilton.com is endorsing one candidate as opposed to another. Here, all are treated equally and with respect.

Memorial Day Weekend.

Please join me in recognizing and remembering those who served and made the ultimate sacrifice to defend our liberty and freedom. Our soldiers are our greatest heroes and we owe them so much. Please refrain from outwardly campaigning on Memorial Day and support our military. May God bless them.

Sincerely,John

The American's Creed - by William Tyler Page

I believe in the United States of America as a government of the people, by the people, for the people; whose just powers are derived from the consent of the governed, a democracy in a republic, a sovereign Nation of many sovereign States; a perfect union, one and inseparable; established upon those principles of freedom, equality, justice, and humanity for which American patriots sacrificed their lives and fortunes.

I therefore believe it is my duty to my country to love it, to support its Constitution, to obey its laws, to respect its flag, and to defend it against all enemies.–Written 1917, accepted by the United States House of Representatives on April 3, 1918.

For more information or questions, please contact the campaign at info@votealbers.com.

NOTE: Accessmilton.com encourages all candidates running for office both locally and state wide to share information with us on their campaigns. This type of information does not mean that Accessmilton.com is endorsing one candidate as opposed to another. Here, all are treated equally and with respect.

Claim Filed By Tina D'Aversa Re: Ethics Complaint / PT 2

Dated April 15, 2010.
________________________________ LUCIAN GILLIS, Jr.,
Georgia Bar No. 295163,
Attorney for Petitioner.
GILLIS & CREASY,
Two Ravinia Drive, Suite 650, Atlanta, Georgia 30346 770-394-3127; fax 770-394-3117; LGillis@gilliscreasy.com.
RESPONDENT AND DEFENDANTS CAN BE SERVED AS FOLLOWS:
Hon. CLINT JOHNSON
Chairman, City of Milton, Georgia Board of Ethics 13000 Deerfield Parkway, Suite 107A Milton, GA 30004
Hon. JOE LOCKWOOD
Mayor of Milton, Georgia 13000 Deerfield Parkway, Suite 107A Milton, GA 30004
NEAL J. O’BRIEN
635 Devonshire Farms Way Milton, GA 30004-4322
IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA
TINA D’AVERSA,
Petitioner
v.
CITY OF MILTON, GEORGIA BOARD OF ETHICS,
Respondent
CITY OF MILTON, GEORGIA,
Defendant in Certiorari
Civil Action No. ___________________________

CERTIFICATE OF PAYMENT OF COSTS
This certificate shows that Tina D’Aversa, the petitioner in certiorari and the respondent in In re Tina D’Aversa (Bd. of Ethics Mar. 16, 2010) before the City of Milton, Georgia Board of Ethics, has paid all costs that have accrued on the trial and proceedings below.
Dated April 15, 2010.
_________________________________ CLINT JOHNSON,
Chairman, City of Milton Board of Ethics.
Prepared and respectfully presented by:
LUCIAN GILLIS, JR.,
Georgia Bar No. 295163,
Attorney for Petitioner.
GILLIS & CREASY,
Two Ravinia Drive, Suite 650, Atlanta, Georgia 30346 770-394-3127; fax 770-394-3117; LGillis@gilliscreasy.com.
CERTIFICATE OF SERVICE
I have served this paper on every party by U.S. Mail, first-class postage prepaid and addressed:
PAUL B. FRICKEY, Esq. JARRARD & DAVIS, LLP
105 Pilgrim Village Drive Suite 200 Cumming, GA 30040
Mr. NEAL J. O’BRIEN
635 Devonshire Farms Way Milton, GA 30004-4322

Hon. JOE LOCKWOOD
Mayor 13000 Deerfield Parkway, Suite 107A Milton, GA 30004



Dated April 15, 2010.
________________________________ LUCIAN GILLIS, Jr.,
Georgia Bar No. 295163,
Attorney for Petitioner.
GILLIS & CREASY,
Two Ravinia Drive, Suite 650, Atlanta, Georgia 30346 770-394-3127; fax 770-394-3117; LGillis@gilliscreasy.com.
IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA
TINA D’AVERSA,
Petitioner
v.
CITY OF MILTON, GEORGIA BOARD OF ETHICS,
Respondent
CITY OF MILTON, GEORGIA and NEAL J. O’BRIEN,
Defendants in Certiorari
Civil Action No. ___________________________

CERTIORARI BOND IN CIVIL CASE
Know all persons and parties by these presents:
Tina D’Aversa, as principal, and Lucian Gillis, Jr., LLC, a limited liability company existing and in good standing under Georgia law, as surety, are held and bound to the City of Milton, Georgia in the amount of $100, as sufficient to cover the sum sought to be recovered as an award in the City of Milton Board of Ethics, together with all future costs, to the payment of which to be made. We, the above principal and surety, bind ourselves, and our respective successors in interest, assigns, heirs, executors, and administrators, jointly and severally. To this obligation we set our hands and seals this 12th day of April, 2010.
On March 16, 2010, in an action pending in the City of Milton Board of Ethics, styled In re Tina D’Aversa (Bd. of Ethics Mar. 16, 2010), a decision was rendered against Tina D’Aversa. Tina D’Aversa has filed or will file a petition for writ of certiorari in the Superior Court of Fulton County.
Therefore, the condition of this obligation is that if Tina D’Aversa prosecutes her petition and pays any sum sought to be recovered as an award in the City of Milton Board of Ethics, and any damages under O.C.G.A. § 5-4-18, together with all future costs, if the writ is dismissed or otherwise disposed of adversely to her in the superior court or in the Ethics Board, or such costs as the superior court may award against her, or if the decision is vacated or the writ otherwise disposed of favorably to her, then this obligation will be void. Otherwise, this obligation remains in full force.
________________________________ TINA D’AVERSA,
Principal.
_________________________________ LUCIAN GILLIS, JR., LLC.,
Surety.
POWER OF ATTORNEY
The undersigned sole member of Lucian Gillis, Jr., LLC states under oath that the above Lucian Gillis Jr. is an agent and attorney-in-fact of Lucian Gillis, Jr., LLC, a limited liability company existing and in good standing under Georgia law. He has full authority to file and execute the bond and obligation stated above, in the name and under the seal of the above limited liability company. The undersigned knows the seal of the above limited liability company; the seal was affixed by authority of the sole member; and he signed his name hereto by like authority.
_____________________________ LUCIAN GILLIS Jr.,
Sole member..
IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA
TINA D’AVERSA,
Petitioner
v.
CITY OF MILTON, GEORGIA BOARD OF ETHICS,
Respondent
CITY OF MILTON, GEORGIA,
Defendant in Certiorari
Civil Action No. ___________________________

APPROVAL OF CERTIORARI BOND BY MAJORITY OF BOARD MEMBERS
The above bond has been presented and its form, amount, and security has been found acceptable to the chairman and the City of Milton Board of Ethics. The bond is therefore approved.
Dated .
_________________________________ CLINT JOHNSON,
Chairman, City of Milton Board of Ethics.
Prepared and respectfully presented by:
LUCIAN GILLIS Jr.,
Georgia Bar No. 295163,
Attorney for Petitioner.
GILLIS & CREASY,
Two Ravinia Drive, Suite 650, Atlanta, Georgia 30346 770-394-3127; fax 770-394-3117; LGillis@gilliscreasy.com.
CERTIFICATE OF SERVICE
I have served this paper on every party by U.S. Mail, first-class postage prepaid and addressed:
PAUL B. FRICKEY, Esq. JARRARD & DAVIS, LLP
105 Pilgrim Village Drive Suite 200 Cumming, GA 30040

Mr. NEAL J. O’BRIEN
635 Devonshire Farms Way Milton, GA 30004-4322

Hon. JOE LOCKWOOD
Mayor 13000 Deerfield Parkway, Suite 107A Milton, GA 30004



Dated April 15, 2010.
________________________________ LUCIAN GILLIS, Jr.,
Georgia Bar No. 295163,
Attorney for Petitioner.
GILLIS & CREASY,
Two Ravinia Drive, Suite 650, Atlanta, Georgia 30346 770-394-3127; fax 770-394-3117; LGillis@gilliscreasy.com.
IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA
TINA D’AVERSA,
Petitioner
v.
CITY OF MILTON, GEORGIA BOARD OF ETHICS,
Respondent
CITY OF MILTON, GEORGIA and NEAL J. O’BRIEN,
Defendants in Certiorari
Civil Action No. 2010CV184381

SANCTION OF PETITION FOR WRIT OF CERTIORARI
The petition in this matter has been presented, with a certificate of costs and a bond, all in proper and sufficient form. The bond has been found acceptable and approved according to law. The petition is therefore sanctioned. This Court directs the clerk to issue the writ of certiorari according to law.
Done at Atlanta, Georgia, this day of , 2010.
_______________________________
Judge, Superior Court of Fulton County.
Prepared and respectfully presented by:
LUCIAN GILLIS Jr.,
Georgia Bar No. 295163,
Attorney for Petitioner.
GILLIS & CREASY,
Two Ravinia Drive, Suite 650, Atlanta, Georgia 30346 770-394-3127; fax 770-394-3117; LGillis@gilliscreasy.com.
CERTIFICATE OF SERVICE
I have served this paper on every party by U.S. Mail, first-class postage prepaid and addressed:
PAUL B. FRICKEY, Esq. JARRARD & DAVIS, LLP
105 Pilgrim Village Drive Suite 200 Cumming, GA 30040

Mr. NEAL J. O’BRIEN
635 Devonshire Farms Way Milton, GA 30004-4322

Hon. JOE LOCKWOOD
Mayor 13000 Deerfield Parkway, Suite 107A Milton, GA 30004
Dated April 15, 2010.

Somethings A Miss At Birmingham Falls Elementary...

All:

There has been some heated debate regarding a parent taught environmentally focused class at Birmingham Falls Elementary.

We are in the process of getting information from both sides of the argument.
Stay Tuned!

You heard it here, first, on Accessmilton.com!

Claim Filed By Tina D'Aversa Re: Ethics Complaint.

IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA
TINA D’AVERSA,
Petitioner
v.
CITY OF MILTON, GEORGIA BOARD OF ETHICS,
Respondent
CITY OF MILTON, GEORGIA and NEAL J. O’BRIEN,
Defendants in Certiorari
Civil Action No. 2010CV184381

PETITION FOR WRIT OF CERTIORARI UNDER O.C.G.A. § 5-4-3
1. The petitioner seeks review of the “Findings of Fact and Conclusions of Law,” along with the “Disciplinary Action,” of the City of Milton Board of Ethics, the Honorable Clint Johnson, Chairman. That final decision was rendered within the quasi-judicial authority of that tribunal. The final decision is dated March 16, 2010, and was entered on findings and conclusions dated March 16, 2010. This petition is filed within 30 days after the date of that final decision. A copy of this decision is attached as Exhibit A. 2. All costs accrued on the trial and proceedings in the tribunal have been paid. A copy of the certificate of payment of costs is attached as Exhibit B, and the original will be filed separately. 3. A bond and good security sufficient for and conditioned on the payment of any sums sought as an award to be recovered, and such further costs as may accrue, has been obtained. The original is filed with the clerk of this Court along with this petition. A copy of the bond and security is attached as Exhibit C. A certificate
showing the chief judicial officer before whom the matter was heard has approved the bond is attached as Exhibit D. 4. The petitioner respectfully specifies the following errors in the findings of fact, conclusions of law, and other decisions of the tribunal: a. The tribunal denied the petitioner due process of law by refusing to allow her to call the complaining party as an adverse witness for cross examination. The complainant was present at the hearing and available to testify. He was actively directing the prosecution of the complaint through his counsel. See Milton, Ga., Ordinance No. 08-10-28 [the “Ethics Ordinance”] art. 5, § 12.(I) (“hearing shall be conducted in accordance with the requirements of due process”). (The Ethics Ordinance is attached as Exhibit E.) See also Ethics Ordinance Bylaws and Rules of Procedure [the “Bylaws”] § 7.1(e) (“The subject of the ethics complaint shall have all of the due process rights, privileges, and responsibilities of a witness appearing before the courts in the state . . . the right to present and cross-examine witnesses, . . . .”) (A copy of the Bylaws are attached as Exhibit F.) A denial of the substantial right to cross-examine the opposing witness is reversible error. O.C.G.A. § 24-9-64; Cornelius v. Macon–Bibb County Hosp Auth., 243 Ga. App. 480, 533 S.E.2d 420 (2000). For decades in Georgia, in civil proceedings either party may make the adverse party a witness with privilege of subjecting him to a thorough and sifting cross-examination and impeachment, as if the witness had testified in his own behalf and was being cross-examined. O.C.G.A. § 24-9-81; Parker & Co. v. Glenn, 90 Ga. App. 500, 83 S.E.2d 263 (1954). b. The tribunal erred by refusing to admit or consider any evidence that the complaint was unfounded, frivolous, false, or politically motivated. See Ethics Ordinance art. 5, § 17. (Wrongful Use of the Board of Ethics). c. The tribunal erred by refusing to admit or consider any evidence that the complaint was “filed in a negligent, reckless, or purposeful manner without any basis in law or fact and for purpose other than reporting a violation of this ordinance.” See Ethics Ordinance art. 5, § 18.
(A) (Wrongful Use of the Ethics Ordinance). d. The tribunal erred by refusing to admit or consider any evidence of the following factors, despite the mandatory language in the Ethics Ordinance. See Ethics Ordinance, art. 5, § 18.
(B) (“the Board of Ethics shall also consider the following, without limitation:”).


(1) The timing of the complaint was such that it was calculated to do the maximum amount of damage to D’Aversa’s campaign for reelection to the Milton City Council.
(2) The nature and type of publicity surrounding the filing of the complaint further served to maximize the damage to D’Aversa’s reelection campaign. This is shown by the newspaper articles attached to the complaint, and from Longoria’s political ad headed, “Which District 5 Candidate is truly The Developers’ Best Friend?”
(3) The nature of the relationship between D’Aversa and the complainant before the complaint was filed was one of political rivalry, to say the least. Mr. O’Brien (the complainant) was elected to the Milton City Council in November 2006. When O’Brien ran for reelection in 2007, D’Aversa staunchly supported his challenger. O’Brien lost that election. In this 2009 election, O’Brien supported D’Aversa’s opponent, Mr. Joe Longoria. O’Brien also supported Council Members Thurman and Lusk; D’Aversa was on record supporting their respective challengers. Further, O’Brien and D’Aversa have had differing views on what is appropriate for development and for accepting campaign contributions and money from developers in our city. They have for years been at odds on related issues.
(4) Mr Longoria used the ethics charge as a political weapon to oppose D’Aversa’s reelection. This is clear from his ad headed, “Which District 5 Candidate is truly The Developers’ Best Friend?”
(5) That the complainant knew or reasonably should have known that the allegations in the complaint were groundless is evident on the face of the complaint. The complainant has bent over backwards to construe his allegations in the most nefarious light possible.
(6) The complainant wanted to see D’Aversa defeated in her bid for reelection. e. The tribunal further denied the petitioner due process of law by refusing to allow her to perfect the record with an offer of proof of evidence the tribunal had refused to allow before it could be presented.

f. The tribunal erred by refusing to admit or consider any evidence that the petitioner was entitled to recover attorney’s fees from the complainant. See Ethics Ordinance art. 5, § 17. (Wrongful Use of the Board of Ethics) (individuals directing politically motivated complaints may be subject to payment of costs and attorney’s fees).
g. The findings of fact by the tribunal were in error because there is no clear and convincing evidence that the e-mail in question “contained an offer to nominate Joe Longoria to a City board or committee in exchange for Joe Longoria withdrawing from the election to run for the District 5 seat on the City Council.”
h. The conclusions of law by the tribunal were in error because there is no clear and convincing evidence to support that “D’Aversa’s actions constituted a violation of the Ethics Ordinance.”
i. Part of the Ethics Ordinance that the petitioner was found to have violated is void for vagueness and unconstitutional. Ethics Ordinance art. 3, § 8 (“Never engage in other conduct which is unbecoming to a member or which constitutes a breach of public trust.”)
j. The tribunal’s decision is contrary to the law.
k. The tribunal’s decision is contrary to the evidence.
l. The tribunal’s decision is strongly against the weight of the evidence.

Therefore, the petitioner respectfully requests that the Court issue its writ of certiorari, hear this petition according to law, hold that the tribunal erred as
described above, and according to O.C.G.A. § 5-4-14(b) decide the case finally without sending it back to the tribunal below. The Court should enter judgment for the petitioner for the costs paid to obtain the certiorari according to O.C.G.A. § 5-4-16.
Petitioner has ordered a full transcript of the proceedings and will provide it to the Court as soon as it is completed.

Dated April 15, 2010.
________________________________
LUCIAN GILLIS, Jr.,
Georgia Bar No. 295163,
Attorney for Petitioner.
GILLIS & CREASY,
Two Ravinia Drive, Suite 650, Atlanta, Georgia 30346 770-394-3127; fax 770-394-3117; LGillis@gilliscreasy.com.
CERTIFICATE OF SERVICE
I have served this paper on every party by U.S. Mail, first-class postage prepaid and addressed:
PAUL B. FRICKEY, Esq. JARRARD & DAVIS, LLP
105 Pilgrim Village Drive Suite 200 Cumming, GA 30040
Mr. NEAL J. O’BRIEN
635 Devonshire Farms Way Milton, GA 30004-4322

Hon. JOE LOCKWOOD
Mayor 13000 Deerfield Parkway, Suite 107A Milton, GA 30004

_______________

More to come.

Happy Memorial Day from Beverage Depot.

Double Click To Enlarge Image.

To find out more about Milton's Own Beverage Depot, click here=>http://www.accessmilton.com/Advertisers/BeverageDepot.php

Milton Police detail the effects of alcohol on drivers.

Milton officer Brian Kiel (right) takes one for the team by getting inebriated and attempting to pass sobriety tests for the Milton citizens police academy, administered by Officer Justin Wong. He failed.

by Jonathan Copsey / Appen Newspapers

MILTON – The Milton citizens police academy was both horrifying and hilarious as the students were subjected to images of car crashes due to alcohol or speed followed by tales of people doing everything they can to avoid being arrested for drunk driving.

Lt. John Borsey is Milton's accident reconstruction officer. So it's his duty whenever there's a violent vehicle accident to go to the scene and determine just what went happened in the moment before the crash.

"A fatal crash is not always due to speed," said Borsey.

The weight and type of vehicle and what it hits are major contributing factors. Luck is also needed to survive, often.

As a case-in-point, Borsey showed images of the fatal wreck of Milton teen Adam Stevens, who was killed several years ago, just before he was to graduate from high school. He and some friends had been drinking and sped off away from a police car. They lost control of the vehicle, left the roadway, hit a wooden telephone pole and then a metal pole. The truck was torn apart in the crash, with the driver and one passenger thrown free of it, because they had not been wearing seat belts; Stevens, who had been wearing a seat belt, was killed simply because he stayed in the vehicle.

Such horrifying tragedies made for a sombre class as Borsey and class instructor Andrew Phillips detailed all that goes into car crashes. Of particular note was alcohol.

"Most of the fatal crashes I've worked have been alcohol related," said Borsey.

The lieutenant – with the help of his wife Kim and officers Brian Kiel and Justin Wong – went through the sobriety tests performed whenever an officer suspects a driver has been drinking. Walking in a straight line, standing on one leg, following a finger with the eyes, a handheld breathe test; it was all detailed.

To add realism (and possibly also for fun), Kiel and Kim had both volunteered to drink alcohol throughout the class so the students could see just how the tests cannot be passed by an intoxicated person (don't worry – they both had designated drivers). Providing the sober balance, 15-year-old Mark Anuszkiewicz, a student in the class, also took the tests. Thankfully, he was found to be sober.

"It's not a right to have a license to drive on state highways," said Phillips.

Instead, it's a privilege and can be taken away. Refusing to take part in the sobriety tests will result in a suspension of the driver's license for at least one year.

The clear lesson learned from the class was that there is only one way to avoid being arrested for drunk driving if you are pulled over – stay sober.

On A National Note...

Red Skelton's Pledge of Allegiance

Notice & Waiver Re D'Aversa Complaint.

All:

The following is the cover letter to Milton City Attorneys

Ken E. Jarrard & Paul B. Frickey of Jarrard & Davis, LLP

from Lucian Gillis; Tina D'Aversa's attorney. Please note

that the material is very long; over 2o plus pages. However,

in order to insure that all readers can have full access,we

will post it in segments over the next week.We would like to

thank both city attorneys Jarrard & Davis, LLP as well

as city manager Chris Lagerbloom for providing this

information to us.

Tim Enloe

Accessmilton.com

________________________________________

APRIL 15, 2010.
VIA FIRST-CLASS MAIL.
KEN E. JARRARD, Esq. PAUL B. FRICKEY, Esq. JARRARD & DAVIS, LLP
105 Pilgrim Village Drive Suite 200 Cumming, GA 30040
Re In re D’Aversa, No. 2010CV184381 (Super. Ct. Fulton County Ga.)

DEAR PAUL AND KEN:

As Paul and I discussed, enclosed is the waiver of service form with the changes Paul requested. Also enclosed are two duplicate originals of the certiorari petition and supporting papers we filed today. Again, we must perfect service within five days, so please return this to us immediately in the enclosed self-addressed, postage prepaid envelope. If there is any problem, please call me at once.

As a precaution, we decided to name Mr. O’Brien as an additional defendant. If he need not be named to comply with the certiorari statutes, we can dismiss him in due course. We are requesting that he waive service also, although we have requested personal service on him due to the short time-frame.

Thank you for your cooperation.

Sincerely,

GILLIS & CREASY.
LUCIAN GILLIS, JR., LLC.
Enclosure.
Cc: Ms. TINA D’AVERSA.

__________________________

NOTE: More to come in the following days.

Milton to host Memorial Day event.

By Andria Simmons
The Atlanta Journal-Constitution

A flyover and a speech by Brigadier General Maria Britt will be the highlight of the city of Milton's Memorial Day ceremony.

The third annual event starts at 10 a.m. Monday at city hall at 13000 Deerfield Parkway Suite 107.

The flyover by Cumming-based precision flying demonstration group Team RV will supplement a Missing Man reading and the reading of eighth-grader Amy Shehan's patriotic essay, penned for the city's first Memorial Day middle school writing contest.

The featured speaker is Britt, commander of the Georgia Army National Guard and the first female general in the Guard's history. Britt is responsible for training and equipping the 11,100 soldiers of the Georgia Army National Guard, a post she took in November 2007.

The ceremony will conclude with a roll call of local veterans who died for their country. Attendees are then invited to reflect upon the markers created in their honor along Deerfield Parkway.

NEWS ALERT.

All:

Word has come to us that Tina D'Aversa filed a law suit against the city. While we do not have all the specifics, we believe it is related to the ethics case.

As soon as we have more, we will post it here.

Senate District 56 Candidate Forum.

Courtesy Belle Isle For Senate Campaign.

The Belle Isle campaign is pleased to accept the Alpharetta 912 Project invitation to a state senate candidate forum on Saturday, June 5th. We appreciate the opportunity to meet with citizens of the 56th district and discuss the merits of the conservative system.

We look forward to seeing you there.
Date:Saturday, June 5, 2010
Time:9:30am - 11:00am
Location:Circa History Guild
Street:8400 Holcomb Bridge Rd.
City:Alpharetta, GA

Vote David Belle Isle, conservative for State Senate.

NOTE: Accessmilton.com encourages all candidates running for office both locally and state wide to share information with us on their campaigns. This type of information does not mean that Accessmilton.com is endorsing one candidate as opposed to another. Here, all are treated equally and with respect.

Why Politics as usual and Politicians are losing.

Voters all over our great nation are tired of the same old politics. I am too! Special elections held Tuesday, May 18th confirm ongoing frustration so many of us are discussing around the kitchen table.

During the past 12 months, we have seen a complete rejection of politicians for fresh faces, failed policies for proven leadership, and a bureaucratic mindset for a business approach to government.

Politics “as usual”, including negative politicians with their mudslinging, conflicts of interest and focus on what is best for themselves, does not serve the people. Elections over the past year confirm that history is already turning the page on the establishment of old school politicians like Arlen Specter.

Simply put, I am not a politician. I am a businessman, a firefighter, and a community leader who has a single agenda, “Serve the families of North Fulton.” I am a proud conservative supporting the Tea Party movement. I’m a member of GeorgiaCarry, the NRA and the Heritage Foundation. I believe in our founding principles and agree that now is the time to get back to basics. I have the time, passion and energy to serve you.

Join us to make a real difference in our state and in our lives. This election will decide who represents North Fulton and the decisions made will make a real difference for the lives of us all. Your choice will impact the economy, job creation, making education a priority, really fixing transportation and making Milton County a reality.

Tired of politics as usual? So am I and with your help we will make it right.

Vote John Albers for State Senate!

NOTE: Accessmilton.com encourages all candidates running for office both locally and state wide to share information with us on their campaigns. This type of information does not mean that Accessmilton.com is endorsing one candidate as opposed to another. Here, all are treated equally and with respect.

LE GRANDE DAY SPA SPECIAL ANNOUNCEMENT!

This week only, Le Grande is offering a special package for our guests!!

Free Women Haircut with Amber
with a booking of any spa service
Free 30min facial with Maria with a booking of any spa service
Keratin Smoothing Treatment starting $225 reg. $325 include free shampoo & style (please call for details)
$39.95 One Hour Swedish Massage
$ 39.95 One Hour Result Focus Facial
Free French with any pedicure
Bikini Wax $20/ Permanent Laser Bikini $130 (single)
Brazilian Wax $45 /Permanent Laser Brazilian $175(single)
Eyebrow Wax $10
Dysport $6 unit Botox 12 unit

Lock in a series with this special price and use it when ever !!
Available for the week of May 24th – May 28th
May not be used with any other offer, discount, or gift certificate.
May only be used by purchaser.

Le Grande Salon & Spa
An Aveda Concept
980 Birmingham Rd.
Alpharetta, Ga. 30004
(678) 526-6067
Mon - Sat 10am - 7:30pm

www.LeGrandeDaySpa.com
legrandedayspa@bellsouth.net
*Offers cannot be combined and are based upon availability. Some restrictions may apply.

To find out more about Le Grande Salon & Day Spa, click here=>

http://www.accessmilton.com/Advertisers/LeGrande.php

Mayor honors Milton-born centenarian.

Milton Mayor Joe Lockwood honored Willie Mae Foster's 100th birthday May 23 with a proclamation naming her birth date, May 21, in her honor.

Foster was born Willie Mae Pearson in 1910 on her family's 40-acre homestead on Hopewell Road, the youngest of seven children. She lived in Milton until the 1920's, when she moved with her family to Sandy Springs, where she has lived since.

Foster's children, Byron and Shirley Morgan, kept the farm in the family and both live there today. In addition, more than four generations of the family are buried in Hopewell Baptist Church's cemetery.

If your family represents an important link to Milton's past or if you would like to help preserve the history of the city, please contact Communications Manager Jason Wright for information on how you can help celebrate the community's heritage.

Introducing the Fit Kids Summer Program from Studio One to One!

Your kids deserve only the best… and that includes developing healthy habits that will last a lifetime!

Introducing the Fit Kids Summer Program from Studio One to One!

•Teamwork•Etiquette•Fair Play•“Rules of Sportsmanship”•Fitness Flight—We’ll expose your child to a variety of differentfitness programming… traditional methods and sports as well as yoga,tai chi, and more•Healthy Nutrition: The last 30 minutes of each class with be focused on discussing healthy eating choices and habits•A non-competitive atmosphere•Proper movement patterns and exercise techniques•HAVING FUN!•Ages 6-12 welcomed

It's no secret.... with the increase of convenience foods and decrease in daily physical activity, childhood obesity is on the rise. This puts our kids at the highest risk than ever for a long list of preventable diseases! But you can do something now to change that.You can choose to plant the seed now by establishing healthy habits that will last an entire lifetime.

The Fit Kids Summer Program is designed to introduce your child to healthy habits in a fun and supportive environment. Each class will last 90 minutes. The first hour will include physical activity designed to expose your kids to a variety of fitness programming,build teamwork, fair play, and sportsmanship skills, all while having TONS of fun! We'll even venture into some of the more non-traditional exercise such as yoga and tai chi. Your kids will finish this program with an awareness of fitness and well-being that you may have only dreamed about. Your kids will bring a brown bag lunch, and we'll spend the last half hour talking about food choices, the importance of food as fuel, creative ways to gain cooking experience,self-confidence, and so much more! I have something unique and fun planned for every single session.

Classes start June 2nd and will be held each Monday and Wednesday 11 a.m. - 12:30 p.m. through August 4th at North Park. You can pick any 10 or 15 of the available classes to accommodate summer travel. The classes are opento kids ages 6-12.

If you're interested, please call (678) 367-3619 to learn more or fill out the form by clicking the link below. Give us your contact info,child's name and age, and we'll be in touch immediately with details on how to complete your registration.

http://studiofitkids.viprespond.com

Elaina SmithStudio One to One

www.AlpharettaPersonalTraining.com

(678)367-3619

Visit Our Blog: www.studio-onetoone.com/wordpress

To find out more about Studio One To One, click here=>

http://www.accessmilton.com/Advertisers/StudioOneToOne.php

How does Milton grow green?

Double Click To Enlarge Screen.

by Jonathan Copsey / Appen Newspapers / Video By Accessmilton.com

MILTON - How does your garden grow?

Milton is known for its rural nature, and there are plenty of people out there who take advantage of this very fact to take the agrarian route on their properties – they grow crops. And with the Milton Farmer's Market coming up in July, it only makes sense to take a look at what might be for sale from local growers.

Tim Enloe, a 30-plus year Milton resident, sits on about three acres of land. A large portion of the back yard has been tilled and sports little – and sometimes large – shoots of green, which will eventually yield everything from tomatoes to watermelons.

"There's Crooked Neck squash, that's used for shish kabobs, here's some zucchini. These are peppers," said a proud Enloe as he pointed out each row of plants.

"These will be Parks tomatoes," he said, pointing to a nondescript row of mostly earth. "Anytime you see a picture of a tomato in a fast food joint on the wall? It's a Parks. Big and juicy and meaty. Great for hamburgers."

Cucumbers, okra, bush beans, Super Fantastic Tomatoes as well as cherry tomatoes also will be grown.

Enloe has been growing vegetables in his yard for as long as he can remember. His mother used to grow as well and, while much of the crop would be eaten by family and friends, some would go to the local market for sale. Enloe still does this, giving a lot of his veggies away while selling some in the Farmer's Market.

But the veggies are secondary to what he's looking forward to most – the sunflowers. Easily half the garden is dedicated to sunflowers. While most have yet to come up, some of the plants are already a few feet tall. When fully grown, the sunflowers will vary in size from 2 feet tall to a whopping 15 feet, organized in a stair fashion, with smallest variety in front, getting progressively larger as one looks to the rear.

There's even a variety called the "skyscraper" sunflower. "It's almost like a Christmas Tree version of a sunflower," said Enloe. "The branches all go out and it'll probably have 20 sunflowers on it."

Before too long, the plants will be ripe and ready to pick and sell on the market. The Milton Farmer's Market begins July 10 and will run every Saturday from 9 a.m. Till 1 p.m. until the end of August. It will take place in downtown Crabapple, near the Olde Blind Dog pub.

So What's Been Going On At "Milton's Acre"?

Double Click To Enlarge Screen.

To find out more about Milton's Cuisine and Cocktails, click here=>

http://www.accessmilton.com/Advertisers/Miltons.php

Wreck At Freemanville & Redd Roads

Double Click To Enlarge Screen.

MILTON - In recent years, Milton has been known for it's larger lots and anti-sewer stance. If wrecks in the open road neighborhoods continue on a weekly basis, they might want to add "wrecks" to that list.

At roughly ten before 6pm on Thursday, May 20, a wreck involving two vehicles took place at the intersection of Freemanville & Redd Roads.

It is not believed any fatalities took place but those involved were offered transport to North Fulton Regional Hospital.

Many thanks to the two Milton Officers who rushed to the scene to help those in need.

NOTE: While these two officers worked this scene, only one officer was left to protect the rest of the city.

Milton's Cuisine & Cocktails "Feeds The Cops."

Milton Police Sgt Adrienne Symanowski & Milton's General Manager Jimmy Carter.

MILTON - For the second time in two months, Milton's Cuisine & Cocktails cooked up some special meals specifically prepared for the Milton Police officers.

This time around Southern Chicken Salad on a fresh Kaiser roll with sweet potato chips and sundried tomato blue cheese cole slaw was the dinner of choice.

"We are more than happy to support the Milton Police Department through the 'Feed The Cops' program," commented general manager Jimmy Carter. "When you consider that they put their lives on the line every day for the citizens of Milton, it is the least we could do."

Sgt. Symanowski and her fellow officers were very appreciative and looking forward to a good meal before they began their long twelve hour shift.

Many thanks to the wonderful Milton Police Department and Milton's Cuisine and Cocktails!

To find out more about Milton's Cuisine & Cocktails, click here=>
http://www.accessmilton.com/Advertisers/Miltons.php

The Truth About Tesch.

Ron Tesch

by Tim Enloe; Accessmilton.com

This editorial is about the proper and improper use of taxpayer funds. It is about equal treatment and the lack there of. It is about holding those accountable who are trusted with your hard earned tax dollars. It is about the same creating ways to stretch the dollar for a positive end result. It is about honesty and objectivity not being practiced. It is the truth about Ron Tesch.

It is not about attacking the teachers or students. If anything, those two groups fall into the victims category.

After reading both Appen & Neighbor Newspapers articles on Milton Principal Ron Tesch's retirement, I honestly felt ill.

I am a fan of authors Candy Waylock and Joan Durbin. I have enjoyed many of their articles over the years. However, their cupcakes and roses take on Tesch exiting the building was not the whole truth and nothing but the truth. If you are going to write a retirement story, then write the entire history; the good and the bad. Therefore, it is not a surprise that a dissection and correction of such magnitude would be left up to me. Who would have guessed?

First, let’s take a look at his decision to retire. In Waylock’s article, he states "There was really no defining moment that led me to the decision to retire…I've always enjoyed serving as principal…While I could have retired earlier, the thought never entered my mind (before now)."

Interesting. Tesch is one of six principals retiring from North Fulton schools this year. The Fulton County Board of Education Board is looking under every nook and cranny trying to find money to combat the misappropriation of funds spent over the last ten years. They are tightening everywhere in an attempt to right the ship - even by cutting school band programs and going after teachers employment packages. Some will blame the economy but be honest with yourself - wasn't the FCBOE complaining about not having enough money even when times were good? Maybe, just maybe, the true facts of all the over the top spending, such as the estimated $100 million that was spent for the new Milton High, was about to come to a head. Ron Tesch was one of the primary forces behind the new school. Obviously, he couldn't stand the heat so he got out of the kitchen. That, folks, is what is known as a "Coward."

As word spread about the push to kick people off their property for a new high school, neighbor ended up being pitted against neighbor and many friendships were destroyed. Everyone feared that they were in the evil cross hairs of Tesch & the FCBOE.

When they set their sights on Freemanville, the seven families who lived there fought hard to save their homes. As legal battles and threats took place, Ron T. sat back like a spider waiting for the fly. He slept easy as these families were stressed out and in tears. Firemen, police officers, and even school bus drivers pleaded with the county to locate the school elsewhere stressing how dangerous it would be to place a high school at this location due to all the long winding country roads. Such requests fell on deaf ears. This was about Ron Tesch,– no one else mattered….not even seventy acres of “rural character” his school was about to wipe off the map.

There are those of you who have allowed the opulence of what Milton High School looks like help you forget the horrific injustices that took place in the process. Would you still be so taken if you lost your home due to Tesch and the FCBOE’s lack of foresight? Better yet, what if your family member was at the end of the FCBOE eminent domain gun? How would you feel then? What about your nine acres that was once peaceful and quiet now sounds like an amphitheater? And let’s not forget the $100 million spent.If you had such monies at will, I am sure you could build something pretty too.

This editorial is by no means claiming that the original campus didn’t have issues. It did. Board member Katie Reeves even stated that when a review of Fulton County high schools transpired in 1996, Milton was at the top of their needs improvement list. Yet, I have to ask myself, what were Tesch and the infamous FCBOE doing since then? Were they not studying to be ready for the test or where they going to cheat regardless of who it affected negatively? We all know the answer. So much for this branch of government practicing what it preaches. By the way, there was no Windward Parkway in 1996; just cow pastures that were for sale…

The same mind set loves to promote MHS’s claim of being a “school of excellence.” Funny, by going to www.miltonhighschool.com, you will find that their history states: "In the 1997-98 school year, Milton was named a Georgia School of Excellence and a Blue Ribbon Nominee. In the 1998-99 school year, the US News and World Report named Milton High School an outstanding high school, a model of excellence. Milton continued to be a vital part of the Fulton County School System characterized by economic and geographic diversity. " Why make this point? Simple. It proves that you don't have to waste tax payer dollars to have a successful school. Amazing how history has a way of clearing the air. For those unaware, the new school did not open until 2005. Do the math.

This man is a media whore and covets the spotlight like no other. In the Joan Durbin piece regarding the design of the new school, Tesch shared “I was unashamedly copying Thomas Jefferson’s architectural principles for the University of Virginia…When you look at it, it just signifies the value of teaching and learning.”

As he gave tours to past alumni before the behemoth opened in the Fall of 2005, he bragged unashamedly about the size of everything from the gym to the cafeteria. After all, to Hell with the over the top spending; this was Tesch’s hour and no one was going to rain on his parade.

When the school finally opened, Tesch relayed to the media that his precious school wanted to be "a good neighbor." However, when called before city council in February of 2007 regarding the obnoxious noise heard on a regular basis from surrounding residents, he scoffed at the concerns stating “I don’t want to have the Milton Marching Mimes.” He also relayed that the school made no more noise than the average passing car. He even lied in the same article stating that they would “even keep percussion members of the marching band indoors during practice.” To view the band outside, click here=> http://www.youtube.com/watch?v=GjVJjqc_nVU

In one email that I sent asking them to quiet down, Tesch simply sent over the band schedule – basically saying, “we are here – get used to it."

Other negatives that have transpired since the school arrived include horrific speeding, increased roadside trash, and backed up traffic at intersections. Does Tesch address this problem? Does Tesch reach out to the community? No. He just sits and waits for the next photo op.

Next, we come to the students. If you think that every teenager is going to end up being a lawyer or doctor, think again. I know many successful people and the overwhelming majority of them either have vocational degree or no degree at all.Thanks to Ron Tesch, programs such as horticulture, tv productions, and auto body class are no longer offered since the new campus arrived. What about the students that would have benefited from such classes?

Then there was last year’s Milton Round Up where Ronny attempted to keep vendors from selling Coke Products due to a Pepsi sponsorship agreement with the FCBOE. In addition, he complained about vehicles driving on the grass during the event. In case your wondering, the 2010 Milton Round Up will not be held at the new high school this year...

Last but not least, my wife and I experienced some of Milton’s Track Team trespassing onto our property and taunting our dogs. After a police report was written up, we never heard a word of apology or correction from Tesch or the offending students. So much for the belief of a positive representation off of campus.

In conclusion, bidding a person of Ron Tesch’s self righteous caliber farewell is an easy task. Dealing with his path of destruction, lies, and immoral behavior is a whole other affair. If you think his reign of terror is over; think again. A deadly wreck is coming to Bethany, Freemanville, or Birmingham Highway. It will be 100% related to the traffic going or coming from the new high school. That blood will be on his hands. His actions have also led to a ripple affect whose damage to Milton’s infamous “rural character” is just now beginning. I am happy he is staying local. After all, what comes around goes around…

Officers carry Flame of Hope through Milton.

A team of Milton's finest, from left, Officer Brian Kiel with K-9 DaSilva, Sgt. Romney Scott, Police Chief Deborah Harrell and Community Officer Andrew Phillips, participated May 19 in the Special Olympics of Georgia's Law Enforcement Torch Run.

The officers carried the Flame of Hope from Milton City Hall on Deerfield Parkway to the Forsyth County line, where waiting Johns Creek police officers made the hand off. The 11-day relay will end May 21, when the torch is carried from the state capitol to Emory University, site of the Summer Games.

Previously, the Milton Police Department participated in and raised money for "Tip a Cop" Feb. 9 at Dickey's Barbecue, the "Polar Plunge" Feb. 20 at Lake Lanier Islands and "Cuffed for a Cause" April 10 at Walmart. To date, the department has raised more than $4,000 through in-person and online donations.

For more information, visit the Special Olympics of Georgia's Web site at www.specialolympicsga.org.

New Poll Up.

All:

We have a new poll up. It asks:"Who Would You Vote For If 2011's Council Election Took Place Now? (District 6)"

Note that districts 2, 4, and 6 will be up for election in 2011. Each seat's poll will be referenced in two week intervals in sequential order. This poll focuses on District 6.

Have your say in the upper right.

The previous poll asked:"Who Would You Vote For If 2011's Council Election Took Place Now? (District 4)"

RESULTS:

District 4: Burt Hewitt 62% / 33 votes.
District 4: Another Candidate 38% / 20 votes.

Post May 14 Council Meeting Wrap-up.

PUBLIC HEARINGS

1. Approval for the Removal of Billy Lovelace Hauling from the List of Approved Solid Waste Haulers for the City of Milton Due to Non-Compliance with the Ordinance. (Agenda Item No. 10-1140) (Matt Marietta, Fire Marshal)
Motion to defer until June 21 approved 5-0
Note: Council members Karen Thurman and Bill Lusk were absent.

SECOND PUBLIC HEARING

1. Approval of an Ordinance to Adopt Amendments to the Fiscal 2010 Budget for Each Fund of the City of Milton, Georgia Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 10-1127) (First Presentation and Public Hearing on May 3, 2010) (Stacey Inglis, Finance Director)
Motion to close public hearing approved 5-0

ZONING AGENDA

1. RZ10-01 - 3105 Bethany Bend (Southeast corner of Bethany Bend and Hwy 9) by D-Squared Development, LLC to rezone from AG-1 (Agricultural) and C-1 (Community Business) to C-1 (Community Business) to develop a 2,100 square foot convenience store and four pump islands at a density of 2,411 square feet per acre.
(Agenda Item No. 10-1063)
(First Presentation on March 1, 2010; Deferred by Mayor and Council on March 15, 2010) (Lynn Tully, Community Development Director)
Motion to deny passsed 3-2

UNFINISHED BUSINESS

1. Approval of an Ordinance to Adopt Amendments to the Fiscal 2010 Budget for Each Fund of the City of Milton, Georgia Amending the Amounts Shown in Each Budget as Expenditures, Amending the Several Items of Revenue Anticipations, Prohibiting Expenditures to Exceed Appropriations, and Prohibiting Expenditures to Exceed Actual Funding Available. (Agenda Item No. 10-1127) (First Presentation and Public Hearing on May 3, 2010; 2nd Public Hearing May 17, 2010) (Stacey Inglis, Finance Director)Motion to approve passed 5-0

Milton Residents Defeat Gas Station at Busy Crossroads.

Courtesy Maggie West and D. Jefferson Bean / Beacon Media

It took over an hour for the Milton City Council to weigh the issues regarding a proposed gas station on the acute-angled corner of Hwy. 9 and Bethany Bend, but faced with a parade of gas station opponents and tales of an exploding tanker truck, the council narrowly decided against the station.

A thunderous applause rolled through Milton City Hall Monday night as the three representatives for the Milton residents in attendance left the podium after a forceful presentation.

"Our property is only twenty-five feet from the gas station property...and downhill," stated Milton resident Bill Joseph. Pointing to the Power Point presentation, Joseph continued, "On the next slide, we see what can happen if, God forbid, there's an explosion at that site -- or a fire at the gas station. We know that that happens."

Joseph cited the terror of a fire and the explosion of a tanker truck dropping off a load of gasoline at a Nashville BP service station. He read the statement of a clerk who witnessed the blast: "I don't know where the fire came from. It was everywhere. Gas was shooting."

This was D Squared Development's second rezoning attempt before the city council. In March of this year, they presented their plan to develop a 2,100-square-foot convenience store and four pump islands (five pumps on the first go-round).

Twice denied by the Milton Planning Commission and once deferred by the city council, they made their stance known once more. With two experts and a lawyer at his side, property owner Medhi Jannatkhah stood against a room filled with angry residents.

NOT ENOUGH EGRESS

"The community has asked a lot of questions about the fuel tanker. We get answers, but they do not alleviate our concerns. We're talking about a sixty-foot truck, that's roughly the length of a seventy-foot building ... carrying 20,000 gallons of gas maneuvering through tight spaces. The fact that there's only one way to enter and exit the site is extremely disconcerting," declared Milton resident Ashley Bowen.

And Heidi Souder, another resident, voiced additional grievances by citing the neighborhood live/work policy of Fulton County: "A development should be designed to be pedestrian-oriented and to promote walking and minimize conflict between pedestrians and vehicles." To her mind, this plan did none of these things.

After an hour of deliberation, Councilman Alan Tart finally motioned to deny the application and it was seconded by Councilman Joe Longoria. The motion passed 3-2 with Mayor Joe Lockwood and Councilman Burt Hewitt against the denial.

The Milton residents in the audience let out a collective sigh of relief after the vote. Jannatkhah and his entourage silently left the room. The battle was over. And the victors: the residents who surround this troubling intersection in the city of Milton.

Designers: Milton needs 2010 Roundup concept.

Want your ideas enjoyed by thousands?

MILTON, GA., May 18, 2010 - Have you ever wanted the community to see your creativity first-hand? Then help shape the City of Milton's largest yearly event, the 2010 Milton Roundup.

The City of Milton wants this year's event to be an accurate representation of what matters to its citizens. That means one of you decides what best encapsulates all that Milton means in 2010.

As such, all local designers, artists and art enthusiasts are encouraged to submit their ideas for a 2010 Milton Roundup logo and event concept. The winning design/theme will be featured in and guide all aspects of the event's signage, promotions, T-shirts, souvenirs and more.

The only rule is that the design and theme somehow incorporate the title "Milton Roundup 2010." That's it. Let your imaginations run wild.

All logos and design concepts must be turned into Cyndee Bonacci, Milton's Parks and Recreation Director, by June 18. The winning designer will be asked to sign a release stating the City of Milton may use the logo and concept for the 2010 Roundup.

If the logo is created using an electronic design program, all files must be in .eps format for usage on a variety of products and signage. If the design is hand-drawn or painted, it must be no larger than 42 inches in width to be scanned at City Hall. If scanning yourself, all files must be saved in .eps format.

For more information, contact Communications Manager Jason Wright at 678-242-2523 or jason.wright@cityofmiltonga.us.

This year's Fourth Annual Milton Roundup will take place Oct. 23 at Birmingham United Methodist Church from noon to 6 p.m. and feature food, games, rides and more. For more information about the event, contact Bonacci at 678-242-2489 or cyndee.bonacci@cityofmiltonga.us.

Milton: Sewers Only Part of Citywide Development Stink.

By Maggie West / D. Jefferson Bean / Beacon Media

Fulton County will get to open the sluices for sewer in south Milton, as the city and county end a four-year feud over sewer control in eight land lots. But Milton looks likely to continue the sewer-septic skirmish internally, as part of the great battle over business, rural character and green credentials.

GREEN SEWERS?

Milton City Councilwoman Julie Zahner-Bailey, a vocal proponent of greening Milton via reuse and recycling, was against using the sewers. She got voted down last week and sent a negative analysis to her constituents. “The result of this motion and vote is that approximately 138 acres of land from Arnold Mill to Green Road to Crabapple Road to Freemanville to Mayfield is poised for sewer extension. These parcels were never intended for sewer as they are in the Etowah Basin.”

It’s not clear who “never intended” for the lots to be on the sewer. The sewers date from before Milton’s incorporation; since the city was formed, tenants of those lots have not been able to use them. Milton’s stance was septic, please. The city has used sewer limits as a tool to check growth and protect its self-proclaimed rural character.

But the North Fulton chapter of a nationwide environmental group suggests that sewer is the green choice.

“Our position is that if a neighborhood receives county or city water withdrawn from the nearby river or stream then the neighborhood should also be on sewer so that the wastewater can be treated and returned to the stream of origin,” said Joe Cook, executive director of the Coosa River Basin Initiative, a Riverkeeper-affiliated nonprofit. “This is the best way to manage consumptive uses of our waterways."

Sewers lead to water treatment facilities and back into rivers. Septic tanks, by contrast, take water from rivers and don’t give back, which reduces flow. That, by the way, is one of Alabama and Florida’s water complaints against Georgia -- the Chattahoochee is too low when it reaches them.

But, as Zahner-Bailey noted, the parcels are in the Etowah Basin. Geography-wise, the city is more linked to Rome than Atlanta. So for Milton, the greenest consumptive use would be taking water from the Etowah and returning it there. But Milton’s watered by the Hooch. And moving water among basins -- known as interbasin transfer -- is inefficient.

Said Cook: “Likely, whatever sewer/septic division had little to do with watershed boundaries and more to do with the desires of local residents.”

So the Milton sewerage turns out part green, part not: the parcels take water from the Chattahoochee instead of the Etowah -- but at least the sewers will return the water to its source.

SEWERS MEAN MORE THAN YOU’D THINK

Managing consumptive uses of water is important to Councilman Bill Lusk, but so is economic development. And the sticklers for septic are driving him nuts. “Sanitary sewers are infrastructure facilities designed to ‘conserve, reuse and recycle’ our most precious resource – water,” he declared.

Septic is both earth-unfriendly and business-unfriendly, Lusk believes. Because septic limits development, he called it “hypocritical” to wave a “business-friendly” banner but oppose sewer.

In 2009, Lusk noted, some members of the community, like city council candidate Al Trevillyan, called on the city to create an economic development committee to work on filling up Milton’s vacant retail space.

“I offered then that we should review our policies and procedures for commercial development in this City to determine if we are in fact, business-friendly,” Lusk said.
“The minutes of our Council meetings for the past three and one half years are rife with examples of opponents on this Council to any type of expansion to commercial development.”

He fumed about the money spent on a four-year fight with Fulton over control of the eight parcels, which just ended in Milton’s total retreat. “We have seen our legal budget increase from $100,000 in 2007, to $200,000 this fiscal year … we have spent thousands of taxpayers’ money related to this topic. It is time to realize that the only beneficiary of fighting this needless battle called ‘sewer’ is the legal community. “

Lusk’s sentiments are echoed by Dennis Potts, a Milton business owner, “Developers all know not to try anything in Milton unless all their ducks are in a row. They’ll waste their money.”

Public Safety Fund raises $1,250.

Thanks to the rumbling tummies of hundreds, the Milton Public Safety Fund (MPSF) was able to raise $1,250 for the city's police and fire departments during its third annual Public Safety Fair at Fry's Electronics.

That total, raised by selling more than 3,000 25-cent hotdogs cooked on site by Milton police officers and firefighters, is the most the non-profit group has ever raised during the yearly event.

MPSF wishes to sincerely thank Fry's Electronics, which provided everything from the setting to food, drinks, grills, tables, condiments and lots of hungry associates. That extreme generosity meant all funds from the three-day affair go directly to the city's fire and police departments.

The fourth annual event is already on the calendar for May 13 through 15 2011, so we'll see you there.

To see a slideshow of photos from the event created by MPSF board member Jan Fowler, click here.

Discuss regional transportation enhancements May 20.

ARC/Milton interactive meeting at 6 p.m. in City Hall

The Atlanta Regional Commission (ARC) and the City of Milton are asking all residents and business owners to take part in a North Fulton Comprehensive Transportation Plan interactive meeting May 20 from 6 to 8 p.m. at Milton City Hall, 13000 Deerfield Parkway, Suite 107E Milton, GA 30004.

The topic of the night will be preliminary recommendations for transportation enhancements in Milton and the surrounding North Fulton region.

The North Fulton Comprehensive Transportation Plan will provide the foundation and framework for multi-modal, multi-jurisdictional infrastructure and policy recommendations across the cities of Alpharetta, Johns Creek, Milton, Sandy Springs, Roswell and Mountain Park.

For more information, click here.

Dangerous Milton Intersection Concerns! Immediate Action Required!

From Tina D'Aversa

Dear Neighbor,

I hope your 2010 Summer has started out well and you are keeping cool.
The school year is coming to a close and the students are ready for a well-deserved break!

I do not write to you often but when I see an issue that must be attended to, I want to make sure you are aware of the impact to you and all of Milton.

Tonight, the Milton City Council will vote on a proposed rezoning that could lead to a dangerous intersection becoming even more dangerous to our community.

A gas station is proposed at the corner of Highway 9 and Bethany Road. This intersection is the second most dangerous intersection within the city limits of Milton according to the Milton Transportation Planning consultants: Kimberly Horne Associates.

Some of your concerned neighbors have put together the information below. Please read it and please attend the meeting tonight, Monday, May 17, 2010, and voice your concern or just show your support for Mayor Lockwood and the city council to deny this application for an unsafe and dangerous use in an already dangerous intersection of Milton.

From concerned Neighbors for the safety of the Highway 9 and surrounding community.

There is power in numbers and visibility!!

We need your help in 3 ways - Attend meeting - sign petition - send letters to City Council

At the March 15 City Council meeting, Council voted to send the gas station proposal back through the review process (City Staff analysis, Planning Commission (PC) recommendation and finally back to City Council) so the revised site plan could be analyzed. In this revised plan, the applicant has removed the need for the landscape variance. The only thing the applicant is now requesting is the rezoning.

Upon review of the new site plan, City of Milton Staff is now recommending approval for the gas station application. The Planning Commission reviewed the proposal on April 27, and based largely on safety concerns, voted 4-2 to recommend denial of the application. The City Council will vote on this application on Monday, May 17, and the vote could easily go either way.

We only have 10 minutes to present our opposition at the City Council meeting. We will have a PowerPoint presentation delivered by pre-determined, practiced speakers. We are not attempting to keep anyone from speaking, but like any presentation, we have to be prepared and strategic in our comments. The best way for individuals/citizens to communicate their concerns and opposition is by writing a letter, signing the petition, and showing up to the meeting!

1. GO TO THE MEETING - WE ARE REQUESTING THAT AT LEAST ONE INDIVIDUAL FROM EACH HOME ATTEND THE MEETING ON MONDAY 5-17-2010.

Monday, May 17 - 6:00 pm@ Milton City Hall Council Chambers/Municipal Court (13000 Deerfield Parkway Suite 107)
See a Map and Get Directions Here!
LET'S FILL THE ROOM!

2. SIGN THE PETITION - Please sign the petition if you have not already done so.
http://www.gopetition.com/online/34575.html

WE NEED AS MANY SIGNATURES AS WE CAN GET!!!

3. WRITE A LETTER
We would welcome and encourage you to please let your individual voice be heard. We encourage you to write your own letter of opposition. The group has provided a very generic template for your use and personalization with your own words - please personalize so it will not seem like a carbon copy letter (see attached). If you wrote letters in the past, please revisit those and send again!!

Please email your letters to:
City Manager - Chris Lagerbloom - Chris.Lagerbloom@cityofmiltonga.us
Lynn Tully - lynn.tully@cityofmiltonga.us
Burt Hewitt - burt.hewitt@cityofmiltonga.us
Bill Lusk - bill.lusk@cityofmiltonga.us
Karen Thurman - karen.thurman@cityofmiltonga.us
Julie Zahner Bailey - julie.zahnerbailey@cityofmiltonga.us
Joe Longoria - joe.longoria@cityofmiltonga.us
Alan Tart - alan.tart@cityofmiltonga.us
Mayor Joe Lockwood - joe.lockwood@cityofmiltonga.us

We really need to have residents in attendance on Monday, May 17. We need to demonstrate in the 3 ways listed above the number of citizens in opposition to this proposal. Let us be blunt, approval of this project will not be good for our neighborhood and area. We need your help!

On behalf of my family and your neighbors!

Thank you!
Protecting and Preserving ALL of Milton,
Tina D'Aversa

Milton News from JZB - Bethany/Highway 9 Rezoning, Monday, May 17, 2010.

Courtesy News From Julie Zahner Bailey.

Rezonings, Congratulations to our Youth and other Updates.

Dear Milton Friends, Neighbors and Citizens -

As the school year winds down, I want to wish all students a wonderful and safe summer vacation. And to those young men and women about to graduate from elementary, middle, high school and college, congratulations. You have achieved much and have a wonderful future ahead of you. I challenge you to be the best you can be each and everyday, giving of yourself and your talents, and choosing to make a difference in the world. As noted by Tom Brokaw in a commencement speech, "You are educated. Your certification is in your degree. You may think of it as the ticket to the good life. Let me ask you to think of an alternative. Think of it as your ticket to change the world. "

As to the business of the City of Milton, please be aware of these important upcoming meetings and events:

Monday, May 17, 2010 at 6:00 p.m. - Council Meeting, City Hall, including:

Public Hearing regarding mid-year Budget adjustments,

Zoning Agenda for May 17 -

RZ10-01 - 3105 Rezoning - Bethany Bend (Southeast corner of Bethany Bend and Hwy 9) by DSquared Development, LLC to rezone from AG-1 (Agricultural) and C-1 (Community Business) to C-1 (Community Business) to develop a 2,100 square foot convenience store and four pump islands at a density of 2,411 square feet per acre. (use this link for more details),

Monday, May 17, 2010, 6:30 p.m. - Comprehensive Planning Meeting (CPAC) - Executive Conference Room, City Hall,

Thursday, May 20th - 6:00 - 8:00 - City Hall - Discuss regional transportation enhancements - ARC/Milton interactive meeting. The topic of the night will be preliminary recommendations for transportation enhancements in Milton and the surrounding North Fulton region. (use this link for more details),

Tuesday, May 18th, 7 p.m. - Board of Zoning Appeals,

Thursday, May 20th - 11:30, City Hall - Parks & Recreation meeting,

Tuesday, May 31st - Memorial Day event at City Hall, 10:00 a.m.,

Citizens have requested additional information regarding a recent news article that ran in the Milton Herald about a vote to extend sewer to 140 acres in Crabapple from Arnold Mill, to Green Road, Crabapple Road, Freemanville and Mayfieldthat took place on Monday, May 3rd during a regularly scheduled Council meeting. Please use this link for the Milton Herald article while also scrolling down for more details.

I would also like to thank Troop 3000 for asking me to speak to them at a recent camp out event they had regarding citizenship. This is a fine group of young men who already represent and define what it is to be a good citizen. They are an inspiring group of youth that represent a positive future for our community and world. It was an honor and a privilege to spend time with them.

As always, let me know if you have questions or issues with which I can be of service.

All my best -
Julie Zahner Bailey
Milton City Council
770-664-5529 (home)
404-310-6344 (cell)