May 18 Board of Zoning Appeals Notice.

Media Contact:
Jason Wright
jason.wright@cityofmiltonga.us
678-242-2523 (office)
770-825-3096 (cell)

AGENDA Board of Zoning Appeals May 18, 2010 7:00 pm

I. Call to order and pledgeII. Introduction of board membersIII. Approval of March meeting minutesIV. Public Hearing
· V10-004, 14510 Thompson Road, Carey and Tony Lair · Request(s): To allow an addition to a house to encroach into the 50' rear yard (Article 5.1.3.D/Section 64-416 Municode)
V. Other businessVI. Adjournment

May 17 Council meeting notice.

Media Contact:
Jason Wright
jason.wright@cityofmiltonga.us
678-242-2523 (office)
770-825-3096 (cell)

Monday, May 17, 2010 Regular Council Meeting Agenda 6:00 PM

INVOCATION - Dr. Don Martin, Alpharetta First United Methodist Church

1) CALL TO ORDER

2) ROLL CALL

3) PLEDGE OF ALLEGIANCE (Led by the Mayor)

4) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 10-1135)

5) PUBLIC COMMENT

6) CONSENT AGENDA 1. Approval of the April 26, 2010 Special Called Meeting Minutes. (Agenda Item No. 10-1136) (Sudie Gordon, Interim City Clerk)
2. Approval of the April 26, 2010 Regular Meeting Minutes. (Agenda Item No. 10-1137) (Sudie Gordon, Interim City Clerk)
3. Approval of Financial Statements for the period ending April 2010. (Agenda Item No. 10-1138) (Stacey Inglis, Finance Director)

7) REPORTS AND PRESENTATIONS
1. A Proclamation Recognizing EMS Week 2010 and the City of Milton Fire-Rescue Department's First Team of Paramedics. (Presented by Mayor Joe Lockwood)

2. A Proclamation Recognizing National Public Works Week. (Presented by Mayor Joe Lockwood)

3. A Memorial Day Proclamation. (Presented by Mayor Joe Lockwood)

4. Presentation of the City of Milton FY 2009 Annual Audit. (Presented by Adam M. Fraley, CPA, Mauldin and Jenkins)

8) FIRST PRESENTATION

1. Approval Of An Ordinance To Create Article 13 Of The City Of Milton Zoning Ordinance To Establish A Historic Preservation Commission In The City Of Milton To Provide For Designation Of Historic Properties; To Provide For Issuance Of Certificates Of Appropriateness; To Provide For An Appeals Procedure; To Repeal Conflicting Ordinances; And For Other Purposes. (Agenda Item No. 10-1078) (Previously Discussed at March 8, 2010 Council Work Session) (Removed from First Presentation on March 15, 2010) (Lynn Tully, Community Development Director)
2. Approval of an Ordinance to Amend Chapter 20, Environment, Article VI., Soil Erosion and Sedimentation Control, of the City of Milton Code of Ordinances.
(Agenda Item No. 10-1139) (Previously Discussed at April 19, 2010 Council Work Session) (Lynn Tully, Community Development Director)

9) 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)

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 asExpenditures, 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)

10) 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)

11) 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)

12) NEW BUSINESS (None)

13) MAYOR AND COUNCIL REPORTS

14) STAFF REPORTS

15) EXECUTIVE SESSION (If needed)

16) ADJOURNMENT (Agenda Item No. 10-1141)

On A National Note...

Gov Christie calls S-L columnist thin-skinned for inquiring about his 'confrontational tone'

Stand up for our Schools.

http://www.youtube.com/watch?v=9_SPvWsxHyE – Video

Our kids are the future. Providing an education system full of options and opportunities ensure success for everyone in our state. Standing up for our schools in not only a parent and teacher problem, it directly impacts every person statewide. Recent budget deficiencies translated into bad decisions and precedence. If I cannot appeal to the most basic emotion of supporting a child, I will illustrate the impact to their wallets. The old adage of “invest a nickel to save a dollar” must be clearly understood when we discuss this issue.

In 2009/2010 our school teachers were furloughed for 3 days with additional cuts on the horizon for 2010/2011. These are difficult times and we are all feeling the economic pinch. However, let’s not dismiss lower tax revenues for making bad decisions. The state budget is bloated with useless programs and red tape that provide no return on investment for Georgians. Our infamous GDOT (GA Dept. of Transportation) has “Enron like accounting” and the worst return on investment per the Governor. With the billions wasted and unaccounted for, how can we justify furloughing teachers and not having basic supplies in the classroom?

Fulton County recently chose to reduce the number of school days to 177 next year. This preposterous decision further cements the need for a separate North Fulton (or Milton County) school system. We need to add more days to the school year, not less. We are blessed in North Fulton to have wonderful schools, teachers, administrators, parents and PTA’s. It is easy to take for granted continued success, but it is not a given without best practices and priorities.

Let’s consider the long-term impacts. We want to bring good businesses and jobs to Georgia. It will help our citizens and generate additional tax revenue. The top 3 reasons for relocating a business are Education, Taxes and Transportation in order of importance. Business leaders want great schools for their kids and talented resources to fill job openings. What type of signal are we sending?

As the eternal optimist, I know we can remedy this situation. It will take our combined efforts and teamwork. Our great silent majority needs to speak up. We can be fiscally prudent and conservative by cutting the fat in the state budget, not our future.

As your next state senator from North Fulton, I will sponsor legislation to assure we reverse this trend. I am a proud father of 2 kids in public schools. Neither of my opponents will have kids in public schools next year and this is an important comparison for serving our families. We participate and proudly support our PTA and school foundation. My wife Kari and I are so thankful for our great teachers and administrators.

I would love to hear your thoughts. Please contact me at john@votealbers.com or (770)280-6061.

Sincerely,John Albers

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.

On A National Note...

Double Click To Enlarge Screen - Warning Adult Language.

A Day Away: Fort Mountain State Park.

Double Click To Enlarge Screen.

By Tim Enloe; Accessmilton.com

Stresses have been high since the ecomomy reared it's ugly head. Families are on edge not sure which way to turn. In times such as this, the best thing to do is take a couple of days away to relax.

"A Day Away..." will help to showcase affordable places to visit that are not too far from Milton. It could be a park, a city, or something in between. As we visit them, we will share our memories here with you.

If you have a video or story you would like to share regarding some great places to get away to, feel free to share them with us at tmenloe@aol.com.

This month's destination is Fort Mountain State Park located about an hour and half northwest of Milton in Chatsworth, GA.

This four thousand acre park offers numerous activites from fishing to hiking and everything in between. Highly recommended! We hope our showcasing Fort Mountain will encourage you and yours to go for a visit. After all, don't you need "A Day Away"?

May 14 Special Called Council Meeting Notice.

Media Contact:
Jason Wright
jason.wright@cityofmiltonga.us
678-242-2523 (office)
770-825-3096 (cell)

Friday, May 14, 2010 Special Called Meeting Agenda 4:30 PM

1) CALL TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE (Led by the Mayor)
4) APPROVAL OF MEETING AGENDA (add or remove items from the agenda) (Agenda Item No. 10-1132)
5) PUBLIC COMMENT
6) PUBLIC HEARING
1. Approval of a Resolution Extending for an additional 60 days Resolution No. 10-03-144, a Moratorium Barring the Acceptance of Applications for Permits for Telecommunications Facilities In All Zoning Classifications. (Agenda Item No. 10-1133) (Presented by Ken Jarrard, City Attorney)
7) ADJOURNMENT
(Agenda Item No. 10-1134)

Le Grande Salon and Spa Special Announcement!

Le Grande Salon & Spa would like to introduce
Maria Kellam (Esthetician) and Amber Odkins (Color Specialist & Hair Stylist).

Both have the honor of being Aveda Institute graduates.
They are both very experienced and knowledgeable.

Receive a complimentary:

– Haircut and Style with Amber
or
– 30 minutes free Facial with Maria

(With a booking of any spa service.)

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. While appointments last. Some restrictions may apply. If you like this promotion please forward it to a friend.

To find out more about Le Grande Salon & Day Spa, click here=>
http://www.accessmilton.com/Advertisers/LeGrande.php

Public Safety Fair to be held May 14-16.

Fry's Electronics hosts MPSF's third annual fundraiser.

The Milton Public Safety Fund (MPSF), a not-for-profit corporation that provides support for the city's police and fire services, will hold its third annual fundraiser during Fry's Electronics' Anniversary Sale May 14-16.

From 11 a.m. to 3 p.m. on Friday, Saturday and Sunday, police officers and fire fighters will offer hot dogs and cold drinks for just 25 cents. All proceeds benefit the MPSF, which in turn purchases needed equipment for the police and fire departments.

For more information, click here.

Fire Department to undergo ISO evaluation.

Findings help set rates for homeowners, business insurance.

Milton Fire Chief Robert Edgar would like to inform residents the City of Milton and its fire department will undergo an evaluation by the Insurance Services Office (ISO) the week of May 17.

During this time, residents might notice hydrant testing, but will see no lag in service.

This assessment will determine the city's Public Protection Classification (PPC) rating, which is used for marketing, underwriting and establishing premiums for homeowners and commercial fire insurance.

For more information, click here.

"Riddle Me Milton" Mon..ur, uh Tuesday!"

All:

"Riddle Me Milton" is sponsored by Milton's very Own Bobby G's Chicago Eatery!

Every Monday, we will be sharing a riddle that will focus on stories that we have posted right here in the Accessmilton.com news blogg.

If you are the first to figure out the riddle, you will recieve one of Bobby G's very own authentic CHICAGO HOTDOGS FREE!

If no one gets that week's riddle right, we will upload another one the following Monday.

Congrats to Mrs. Jeanette Citta as she guessed correctly when she answered:

Sewer!

THIS WEEK'S RIDDLE!

I bring the relaxed calm to the swaying trees,
as you smile with a sigh of hopeful relief.

I offer the sweet existence of pure placidness,
as you close your tired eyes yearning for rest.

I am the perfect asset for the movie you wanted to see,
making sure no one makes a sound, even that baby in row three.

I provide the soundtrack of still as you toil in the garden with plants in hand,
Insuring that time spent here is stress free; just you and the land.

WHO AM I?

Answers must be sent to tmenloe@aol.com / subject line "Riddle Me Milton" with your answer within the body of the email.

Winner limited to one prize per month! So, if you've already won for this month, you don't qualify for another chance at winning until the following month.

To find out more about Bobby G's Chicago Eatery, click here=>http://www.accessmilton.com/Advertisers/BobbyGs.php

On A National Note...

Double Click To Enlarge Screen.

Senator Dan Moody Endorses John Albers to Replace Him.

Praises His Strong Commitment to Serving Others.

May 8, 2010

Contact: George Snow

770.280.6061

(Roswell) – John Albers, the leading candidate for the Georgia State Senate for District 56, is proud to announce that retiring Senator Dan Moody, who has tirelessly and steadfastly served the people of North Fulton County in the State Senate for the last 8 years, has strongly endorsed John Albers to be his successor.

The announcement was made this morning at the North Fulton GOP breakfast at Horseshoe Bend Country Club.

Said Senator Moody, “I am extremely proud to endorse John Albers in the campaign to be our next State Senator. Serving in the Senate has been a great honor and it has reinforced my commitment to supporting leaders with a deep commitment to serving others over self. In both his professional and personal life, John has demonstrated a consistent commitment to serving others. He will truly be a “Customer Service” Senator who will serve the families of North Fulton faithfully and effectively.”

Albers thanked Moody for his service and his confidence. He then proceeded to tell the Senator of how much he would be missed. Said Albers, “My inspiration to run for this office and my model for how to lead effectively is Dan Moody. Dan has been a tireless advocate for all the people of North Fulton. I look forward to continuing his proud tradition of leadership and service.”

Moody’s endorsement comes on the heels of Albers impressive debate performances and continues the surge of grassroots support that John is receiving all across North Fulton. John has and will continue to be the candidate of choice, who has chosen to run on the issues and not false negative attacks.

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.

Milton Ends Four-Year Sewer Feud.

Courtesy By Maggie West and D. Jefferson Bean / Beacon Media.

Milton's finally settled a long-running fight with Fulton County over using sewers, but not before council members raised a stink about money flushed down the toilet.

At the root of the controversy, which landed in county court, were eight land parcels, over which both Milton and Fulton have for four years claimed the responsibility to provide sewerage -- or not.

On one side were residents and business owners who want to use the sewers that have long been there, or simply wanted an end to the four-year deadlock, during which they've been cut off from the facilities.

On the other: citizens voicing concerns ranging from loss of the city's political autonomy, to the lack of publicly available information on the project.

Under the agreement that governs service delivery between the county and the north Fulton cities, Fulton argued that tenants of those eight parcels should be able to access county sewers. Milton contended that they're in charge of that land and can choose not to operate the sewers.

WE DON'T NEED NO STINKING SEWERS!

Milton resident Kim Horn neatly summed up several citizens' no-sewer arguments: "This is a very hot issue and it always has been. Two years ago, a 4 to 3 council vote approved the map [showing Milton control]. If Fulton County didn't agree with it, that shouldn't be our issue." Citing the matter of transparency, she continued: "If it's voted on tonight, it's going to be done in a vacuum."

Besides that, some Miltonites don't want to see the sewers at work, for fear of laying the groundwork for higher-density development.

Local business owner Dennis Potts, though, supported the proposed improvements. "I don't think anybody wants to see the sewer go into the rural areas, but it's wrong to have sewer not available to commercial properties that all along should have been sewered."

OR MAYBE WE DO …

Councilman Joe Longoria agreed. "Here we are with an individual citizen in the audience who's been dealing with this for four years," he said. "We need to give him a choice … It seems a little silly to me that we're even arguing about this. And that we're spending money, and that it's been going on for as long as it has."

A court-appointed mediator in March proposed splitting the difference. That went nowhere.

Milton Councilwoman Karen Thurman, said that unless the city attorney is willing to work for free, it'd be better for the city to give up the fight. "That money could've been spent on growth or anything else that we badly needed to spend it on. It's time to put this to bed and start working for our citizens."

Fulton County's 2006 map, showing county control of the parcels, was put on the table by Councilman Bill Lusk. After a heated discussion between the council members, the motion passed 4 to 3, ending Milton's long battle with the County.

Two days after the city council vote, the Fulton County commission unanimously accepted Milton's retreat.

Neither the county nor the city was able to immediately assign a dollar figure for their time in litigation, as the case was handled by in-house attorneys.

Relieved that the struggle had finally ended, Potts remarked, "They [Milton] want to stay a little horse town, a rural community. But there are enough citizens who know that we need a commercial tax base to survive as a city. Otherwise, they tax the residents. Businesses need sewers."

On A National Note...

Courtesy Fox News

The battle over the American flag has reached a middle school art class in California’s Santa Rita School District where a student was told not to draw Old Glory because it was “offensive,” while another student was praised for drawing a picture of President Obama.

Tracy Hathaway, of Salinas, CA, told FOX News Radio her 13-year-old daughter was ordered to stop drawing the American flag and start another project at Gavilan View Middle School.

“She had drawn the flag and was sketching the letters, ‘God bless America,’ when the teacher confronted her,” Hathaway told FOX. “She said, ‘You can’t draw that – that’s offensive.’”

Even more striking, another student in the same art class drew a picture of President Obama and was praised by the teacher.

“The picture of Barack Obama was in red, white and blue hues,” Hathaway said. “ The teacher said it was great. But when it comes to the flag – all of a sudden it was offensive?”

Hathaway said she took her concerns to the principal – and he was “floored” and apologized for what happened. He arranged a meeting with the Hathaways and the teacher.

“My husband point-blank asked her what she found offensive about the picture – the American flag or the words, ‘God Bless America,’” she said. “The teacher didn’t say a word.”

Hathaway said she was especially concerned that a picture of President Obama was praised yet a picture of the American flag was deemed offensive.

“That showed where she stood in the political spectrum,” she said “But this was not a political class. This was not a religious class. This was an art class. “
“My daughter wasn’t trying to break any rules and she wasn’t trying to create a scene,” she said. “She was just expressing her view and saying this is America and I want God to bless it.”

Mike Brusa, the superintendent of schools, told FOX in a written statement that he had contacted the principal and that the issue “was taken care of to their (the parent’s) satisfaction.”

“The school administration and the parents did not view this as significant enough to bring it to the superintendent’s office,” he wrote.

However, Hathaway said her daughter has yet to receive an apology – and in fact – the teacher told the girl that she should not have gotten her parents involved in the matter.

“My daughter felt like her rights were being trampled on – she was doing what she thought was right.” she said. “It’s disturbing. It really is disturbing. When I was in junior high we didn’t have a lot of the problems they are having now. We were allowed to speak our mind. It’s absolutely devastating for me. Last time I looked, this is America. This is still a free country.”

Studio One To One Special Announcement!

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 different fitness 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 Monday, May 24th and will be held each Monday and Wednesday at 11 a.m. through July 30th. You can pick any 15 of the 18 available classes to accommodate summer travel. The classes are open to kids ages 6-12.

We've designed the class to be budget-friendly, but if you're an active client of Studio One to One, it gets better. We're giving youa $30 discount in addition to our super low roll-out price. I don't think you could land a babysitter for this class fee, and think about how much you child will be getting in return! A foundation of healthy habits.... now that's priceless.

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 shortly 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 Milton's own Studio One To One on Accessmilton.com, click here=>http://www.accessmilton.com/Advertisers/StudioOneToOne.php

City seeks veterans' information for Memorial Day.

Markers to be placed May 23.

MILTON, GA., May 10, 2010 - The City of Milton will hold its third annual Memorial Day ceremony May 31 and in preparation is adding veterans into the city's registry of service men and women.

Through two years of hard work and the generosity of residents, Milton has amassed a list of more than 100 veterans memorialized with markers placed on Deerfield Parkway the week of the holiday. The living and fallen veterans are also recognized for their service during the ceremony.

Each year residents ask how their family members may be added to the registry. The city does not have access to a government database revealing who served in the military. Instead, we need you to tell us.

If you, a friend or someone in your family is or was a veteran, please fill out the attached form below. You may drop it off at City Hall, fax it to 678-242-2499 or mail it to:

Milton City Hall
13000 Deerfield Parkway
Suite 107A
Milton, GA 30004
Attn: Linda Matthews

There is also an online form available anytime at the City of Milton Web site. You may either click here or go to www.cityofmiltonga.us. To access the form, click on the forms tab at the top of the page and choose "Register military veterans' information" from the "Online Forms" section at the top of the page.

Once you give the City of Milton the information, it will be placed in a secure database. The names will then be sent to City Councilman Bill Lusk, who for three years has personally built, painted, engraved and placed the markers at his own expense.

The City of Milton's Memorial Day Ceremony will take place 10 a.m. Monday, May 31 at City Hall. This year's featured speaker is Brigadier Gen. Maria Britt, Commander of the Georgia Army National Guard. The program also includes a Missing Man flyover by Cumming-based precision flying demonstration group Team RV.

Please join us to remember the sacrifices made for our freedom.

Sewer Vote Update.

Courtesy News from Julie Zahner Bailey.

Dear Milton Citizens, Friends and Neighbors -

For all the Moms in our community, Happy Mother's Day. And for all of our mother's whom we honor, thank you for all you have done for us.

On the City front, last week I provided you information about an agenda item scheduled to be heard at our May 3 Council meeting. The agenda item read as follows:

- Discussion and Vote on Justice Norman Fletcher's Proposed Sewer Map with Fulton County, Georgia, pursuant to the Service Delivery Strategy Act Court Ordered Mediation. (Agenda Item No. 10-1129)

Results:

- Motion to deny the proposed mediated position failed 5-2 (Councilperson Tart made the motion, seconded by Councilmember Zahner Bailey) Motion to call the question passed 6-1.

- Motion to approve eight parcels passed 4-3 (Councilmember Bill Lusk put forward the motion to approve the proposed mediated position PLUS all additional parcels requested by Fulton County for sewer extension - the motion was seconded by Council member Joe Longoria. Lusk, Longoria, Lockwood and Thurman voted to approve the motion).

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. In September, 2008 when a majority of Council voted for sewer extension, these 138 acres of land were not included in the then vote to extend sewer to some parcels.

The City Attorney and the Community Development Director at the time said for the record that these parcels would represent sewer extension. This was restated for the record last Monday night by the City Attorney when asked to state his position. Nevertheless, by a vote of 4-3, a majority of Council voted to approve this latest wave of sewer extension.

Please note that since this vote, the Mayor and Council have received additional requests for sewer extension from other landowners.

Subsequent to the May 3 meeting, citizens have inquired as to how it can be that a vote of this magnitude -- a vote and motion that went way beyond the proposed mediated position of the court mediator -- could proceed without ample time for the public to be apprised of the issue, much less the specifics. These are all questions that need to be posed to the City Manager, the City Attorney and those who voted to allow this to proceed despite any details being formally posted or available.

If you wish to review the proceedings of the May 3 agenda item and vote, use this link from the City of Milton website.

Please note, this agenda item had only been advertised for the one week prior. Citizens had questioned why there was no information posted accompanying the agenda. The response they had received was that it was potentially confidential information, yet it was discovered subsequent to the City of Milton Council meeting that Fulton County had posted the maps and letter tied to this issue without concern. Click here for the letter and map.

If you have concerns, questions or comments about this issue, please provide me your input while also contacting staff and the entire Council. Your input matters.

Also, there is a Work Session scheduled for Monday, May 10th at 6:00 p.m. and a Council meeting on Monday, May 17th at 6:00 p.m.. The agendas for these meetings and others is in the right margin. Please note, public comments are always welcome at Work Sessions and Council meetings.

It is an honor to represent your interests.

Julie Zahner Bailey

Milton City Council

770-664-5529 (home)

404-310-6344 (cell)

Julie4Milton@mindspring.com

Julie4Milton.com

Quote For The Day.

"When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that justifies it."

Frederic Bastiat

On A National Note...

From left, Daniel Galli, Austin Carvalho, Matt Dariano and Dominic Maciel were sent home from school Wednesday because they were wearing American flag t-shirts on Cinco de Mayo.

Click To Start Video Above.

American flag shirts ignite firestorm

By Lindsay Bryant ; Gilroy Dispatch

May 6, 2010

Four Live Oak High School teens sent home for wearing American flag T-shirts on Cinco de Mayo have become the focus of national media attention and spurred a march by Hispanic students through downtown Morgan Hill.

Live Oak students Daniel Galli, Dominic Maciel, Matt Dariano and Austin Carvalho wore red, white and blue T-shirts - some with the American flag and some with flag shorts - to school Wednesday, prompting administrators to ask the students to change their clothing or turn their T-shirts inside-out because it could incite a confrontation on Cinco de Mayo. The four students' parents were called into a conference with Assistant Principal Miguel Rodriguez and Principal Nick Boden, who sent the students home with an unexcused absence - not a suspension.

"I just couldn't believe it," said Dominic's mother Julie Fagerstrom Wednesday. "I'm an open-minded parent, but it's got to be on both sides. It can't be five kids singled out."

Students originally reported that five students were sent home, but one returned to class Wednesday.

Maciel said Rodriguez called the T-shirts "incendiary."

"They said we were starting a fight, we were fuel to the fire," said Dariano, a sophomore.

Teresa Casillas, parent of two Live Oak students, said the American-flag wearing students were yelling "We live in America!" at the brunch break Wednesday. She said her children were upset by their behavior at school, calling it disrespectful.

"We're all offended by it," Casillas said. She said parents of all ethnicities she spoke with felt that way. "Morgan Hill is too small of a community to start any racial wars. This is just bringing it out a little bit more."

The incident has set off a firestorm of outrage online, a flurry of media coverage and a backlash from some in the Hispanic community, who have been offended by some of the defenses offered for the four students.

After the Morgan Hill Times broke the story, Bay Area news stations set up camp in front of Live Oak High School Thursday morning as many more students came to school wearing red, white and blue. In addition, the story made it to national media outlets, such as The Drudge Report and the front page of FoxNews.com.

Locally, about 200 Hispanic students walked out of Live Oak and Ann Sobrato high schools, chanting "Si se puede" and "We want respect" and disrupting traffic as they marched through Morgan Hill to demonstrate their support for Mexico.

"It's disrespectful to do it on Cinco de Mayo," said Jessica Cortez, a Live Oak sophomore. "They can be a patriot on some other day. Not that specific day."

Live Oak parent Greg Hall saw the band of Hispanic students walking down Monterey Road Thursday.

"The fact that these four kids were singled out for wearing American colors is utterly ridiculous," he said. "I think the assistant principal and principal should be fired. The (protesting) students should be disciplined - suspended or expelled."

Hispanic students felt students wearing American flags were disrespecting the Mexican-American students on Cinco de Mayo - a day on which they celebrate their Mexican heritage.

Students who sported red, white and blue said denying them the right to wear American colors is a violation of the First Amendment.

While Live Oak administrators were silent on the issue, Morgan Hill Unified School District Superintendent Wes Smith said that the district "does not prohibit nor do we discourage wearing patriotic clothing."

In a statement, Smith wrote: "The incident on May 5 at Live Oak High School is extremely unfortunate. While campus safety is our primary concern and administrators made decisions yesterday in an attempt to ensure campus safety, students should not, and will not, be disciplined for wearing patriotic clothing. This matter is under investigation and appropriate action will be taken."

The four students and their parents met with Assistant Superintendent Jay Totter Wednesday evening at the district headquarters and they said Totter told them what happened was wrong and "(the district) would take care of it."

Uncle Sam even set foot onto Live Oak campus Thursday in the form of John Messina, a San Jose resident who said he was so enraged that he drove 30 minutes to protest before school started. He held a sign that read "Patriotism is not a crime" on one side and "Support the 1st amendment. Fire Rodriguez" on the back.

Over at Gilroy High School, Mexican and American patriotic colors commingled peacefully Wednesday, Principal Marco Sanchez said.

"Kids were in good spirits," he said. "I was out on campus most of the day and didn't see anything that was abnormal."

Plenty of students donned both countries' national colors, but none were sent home for wearing green, red, white, blue or any combination thereof, he said. Doing so would be "outrageous," he said.

"We're not going to be sending kids home for wearing American flags or wearing patriotic colors," Sanchez said. "That's discriminatory."

William J. Becker Jr., a First Amendment attorney based in Los Angeles, said the students' First Amendment rights were violated.

"The student wearing the Old Navy T-shirt with the flag does not shed their First Amendment rights at the school house gates," Becker said.

Administrators cannot ask students to relinquish their freedom of speech and expression due to the fear that something might happen, Becker said. When a person's right to freedom of speech or expression is restricted to prevent another party from reacting, it's known as the heckler's veto. Becker said this is a perfect example of how heckler's veto was used to displace the students' freedom of speech.

"Every viewpoint has a particular averse viewpoint," Becker said. "That's why the First Amendment is there - to support unpopular expression."

Comments left online on the Times and Gilroy Dispatch websites said the boys are often seen with American flag patches on their backpacks, and Maciel said he's worn the T-shirt he wore on Cinco de Mayo many times before.

"It's just because it was on their day," Maciel said.

One Mexican-American student, freshman Laura Ponce, had a Mexican flag painted on her face and chest, peeking out of her low-cut shirt. She did it because, "it's our day, the only day we can show our spirit."

A school administrator took away the Mexican flag she was carrying as she was waiting to go home.

"Not cool," she said in reaction.

"There was a lot of drama going on today," Ponce said. Some students were saying "Mexico sucks," and Mexican-American students responded in kind, she said.

"Some were yelling Spanish to us," said Maciel, who is half-Hispanic. "I couldn't understand it, but it sounded bad."

Curtis Collier, the president of the U.S. Border Watch, a citizens' action group whose mission is to "stem illegal entry into the U.S. from the north and south," called from his Texas office appalled by the news emanating across the Web and television.

"That is their constitutional right to wear the shirt," Collier said. "I think the school missed a golden opportunity here and missed having a dialogue between the students and have them talk it out."