At Monday night’s City Council meeting, City Attorney Ken Jarrard detailed what he called “unprecedented” support for Milton’s position in a legal case that the City has asked the Georgia Supreme Court to take up.

Sixty-one cities across the state have in recent weeks contributed to joint or independent “amicus briefs” siding with Milton in its appeal in Chang v. City of Milton. The Multi-City amicus court filing noted that its signatories comprise “a diverse cross-section of Georgia’s cities from a population, location, demographic, financial, and infrastructure perspective.”

Stating that “the stakes legally, financially, and practically … are profound,” this Multi-City amicus brief urged the Georgia Supreme Court to consider the case and decide in favor of Milton by overturning the decision of the Court of Appeals that upheld judgement against Milton.

The case relates to a fatal November 2016 accident on Batesville Road and subsequent lawsuit faulting the City for the presence of a fixed object (a circular planter that had been at that location for decades) along the shoulder in the City’s right-of-way.

It has significant implications for local governments statewide given the large number of fixed objects commonly found on road shoulders outside the motoring lanes. Jarrard on Monday presented visual examples like fire hydrants, fountains, subdivision signs, and markers that are in local governments’ right-of-way all around the state.

The municipalities that signed onto pro-Milton amicus briefs in December range from large cities such as Atlanta, Marietta, and Sandy Springs to much smaller ones like Brooklet and Tybee Island. Other entities filing their own, separate amicus briefs supporting Milton are the Georgia Municipal Association, International Municipal Lawyers Association, Georgia Electric Membership Corporation, and Georgia Power. 

The Georgia Supreme Court is expected to decide whether it will consider Milton’s appeal in the upcoming months. For more information, click HERE: https://www.miltonga.gov/government/chang-et-al-v-city-of-milton-questions-and-answers.

CRABAPPLE PLAT REVISION ALLOWS FOR LAND DONATION TO CITY

Prior to Jarrard’s presentation, the City Council heard from two individuals offering public comment. They then voted unanimously – and, for the first time, electronically, with their tallies visible on screens inside Council Chambers – to approve the meeting’s Consent Agenda that included agreements with:

• Gracie Gray Contractors to install, repair, and maintain guardrails for bridges along Cogburn Road, Bethany Road, and New Providence Road
• Maxair so its professionals can make repairs and provide other services as needed related to plumbing, septic, and water at City facilities, properties, and buildings
• Enviro Masters to do asbestos remediation on City-owned structures at 2545 Bethany Bend (adjacent to North Park) and 990 Lackey Road (in Lakhapani Preserve) before their demolition
• The City of Roswell so a Roswell-hired contractor can pave the Milton portion of Ebenezer Road (in addition to the Roswell part)
• RapidScale to provide a migration plan and related services as the City moves digital data from physical, on-premises servers to the Microsoft Azure government cloud
• Stevens Gymnasium to refinish gym courts at Mill Springs Academy, Northwestern Middle School, and Hopewell Middle School to account for additional wear and tear related to the City’s recreation basketball program
•  All Exterminating to provide regular preventative pest, termite, and rodent control services at City-owned and operated facilities

The same Consent Agenda included a measure allowing for the transfer of recorded digital video from Milton Police in-car, body worn, and interview room cameras from the previous provider to a new one, Axon. There was also a minor plat revision that identified .44 acres that the developer of Braeburn Park plans to donate to the City of Milton, including space across Lecoma Trace from the City Hall parking lot and Community Place.

JACOBUS SELECTED AS MILTON’S MAYOR PRO TEM

The Council on Monday also approved Ralph Davia’s appointment as the newest member of Milton’s Design Review Board, representing District 3/Post 1.

In his nomination, Councilmember Jan Jacobus characterized Davia as “exceptionally well-qualified to contribute to the Design Review Board’s mission.” The father of three boys is an experienced engineer who owns a firm and has had hands-on roles overseeing various projects.

“I am confident that Ralph will bring valuable insights,” said Jacobus, describing him an “ideal candidate for this important role.” 

Councilmember Carol Cookerly, meanwhile, nominated Jacobus for a different position – as Milton’s Mayor Pro Tempore (or Pro Tem). For the last two years, Cookerly has held that title which involves stepping in for the Mayor when he’s not available to run City Council meetings or speak at community events.

Cookerly lauded Jacobus as someone who works “very hard on everyone’s behalf” and is “very dedicated” to the city.

The agenda’s lone other approved item was a “final order” for the City of Milton to accept its share of excess funds for a North Fields Pass property that was sold at a tax sale. Jarrard, the City Attorney, described this process as “standard.”