The URL can be used to link to this page

Home My WebLink AboutRESOLUTION NO 17 04 417I I I STATE OF GEORGIA RESOLUTION NO. 17-04-417 COUNTY OF FULTON A RESOLUTION OF THE CITY OF MILTON APPROVING THE SERVICE DELIVERY STRATEGY ACT AGREEMENT WHEREAS, the City of Milton was incorporated on December 1, 2006; WHEREAS, pursuant to O.C.G.A. § 36-35-3, municipal corporations have the legislative power to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, and local government; and WHEREAS, in accord with O.C.G.A. § 36-70-25, every county and municipality that successfully complete a Service Delivery Strategy ("SDS") negotiation is required to approve the SDS by way of a resolution; and WHEREAS, pursuant to O.C.G.A. § 36-70-28, a county and its respective municipalities, to include the City of Milton, are required to review and revise a SDS when an existing SDS Agreement expires; and WHEREAS, a new SDS between Fulton County and its respective municipalities has been the subject of negotiation since approximately 2012; and WHEREAS, the SDS has now been completed and is ready for Council approval; and WHEREAS, the proposed SDS is attached hereto as Exhibit A. NOW THEREFORE BE IT RESOLVED by the Council for the City of Milton that the Service Delivery Strategy, attached hereto as Exhibit A, is hereby adopted with direction to staff to deliver this Resolution to Fulton County such that it may be tendered to the appropriate State agency. BE IT FURTHER RESOLVED that the Council, in approving, specifically notes that the SDS documentation regarding provision of jail service is in need of clarification to reflect that jail service in Milton is provided via a Memorandum of Understanding ("MOU") between the Milton Department of Public Safety and the Fulton County Sheriff that provides that City prisoners are housed at the North Fulton jail annex. That MOU is attached hereto as Exhibit B. SO RESOLVED this 24th day of April, 2017, the public health, safety and welfare demanding it. I Approved: Attest: I I I I I (f GeoYaia· Department of Community Affairs SERVICE DELIVERY STRATEGY ! ' FORM 2: Summary of Service Delivery Arrangements : Instructions: Make copies of this form and complete one for each service listed on FORM 1, Section Ill. Use exactly the same service names listed on FORM 1 Answer each question below, attaching add~ional pages as necessary If the contact person for this service (listed at the bottom of the page) changes, this should be reported to the Department of Community Affairs. COUNTY: FULTON COUNTY Service: Jail 1. Check the box hat best describes the agreed upon delivery arrangement for this service: D Service will be provided countywide (i.e., including all cities and unincorporated areas) by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): 0Service will be provided only in the unincorporated portion of the county by a single service provider. (If this box is checked, identify the government, authority or organization providing the service.): Type Name of Government, Authority or Organization Here OOne or more cities will provide this service only within their incorporated boundaries, and the service will not be provided in unincorporated areas. (If this box is checked, identify the government(s), authority or organization providing the service: OOne or more cities will provide this service only within their incorporated boundaries, and the county will provide the service in unincorporated areas. (If this box is checked, identify the govemment(s), authority or organization providing the service.): C8:10ther (If this box is checked, attach a le Ible ma dellneatin the service area of each service rovider, and identify the government, authority, or other organiz Ion that will provide service within each service area.): Fulton County provides jail services for all state and county o enders within Fulton County. Fulton County also provides municipal jail services for Alpharetta, Roswell nd Union City. Each remaining City (Atlanta, Chatt Hills, College Park, East Point, Fairburn, Hapeville, Johns Creek,~ilto"r Mountain Park, Palmetto and Sandy Springs) provides jail services for municipal offenders within its respective municipal boundaries. 2. In developing this strategy, were overlapping service areas, unnecessary competition and/or duplication of this service identified? 0Yes (if "Yes," you must attach additional documentation as described, below) C8JNo If these conditions will continue under this strategy, attach an explanation for continuing the arrangement (i.e., overlapping but higher levels of service (See O.C.G.A. 36-70-24(1)), overriding benefits of the duplication, or reasons that overlapping service areas or competition cannot be eliminated). If these conditions will be eliminated under the strate , attach an Im EXHIBIT & Paae 1of2 I FC 001097 I will be taken to eliminate them, the responsible party and the agreed upon deadline for completing it. I I FC 001098 I I I SDS FORM 2, continued 3. List each government or authority that will help to pay for this service and indicate how the service will be funded (e.g., enterprise funds, user fees, general funds, special service district revenues, hotel/motel taxes , franchise taxes, impact fees, bonded indebtedness, etc.). Local Government or Authority Funding Method Fulton County, Alpharetta, Atlanta General Fund Chatt Hills, East Point, Fairburn General Fund Hapeville, Johns Creek, Milton General Fund Palmetto. Roswell, Sandy Spings General Fund Union City, College Park General Fund Mountain Park General Fund 4. How will the strategy change the previous arrangements for providing and/or funding this service within the county? Jail service was not included as a service in the previous Service Delivery Strategy Agreement. The way the service is provided is not fundamentally changed, with the exception of the lease of jail space from Union City. 5. List any formal service delivery agreements or intergovernmental contracts that will be used to implement the strategy for this service: A reement Name Contractin Patties Effective and Endin Dates IGA Fulton County and Union City 8/20/13 -12/31/16 Inmate Detention Agreement East Point and Fairburn 7 /19/13 -indefinite Inmate Detention Agreement East Point and Hapeville 8/13/13 -indefinite Inmate Detention Agreement East Point and College Park 6. What other mechanisms (if any) will be used to implement the strategy for this service (e.g., ordinances, resolutions, local acts of the General Assembly, rate or fee changes, etc.), and when will they take effect? I Not Applicable 7. Person comple ing form: Laura Lewis, Staff Attorney Phone number: 404.612.0246 Date completed: 4/25/16 8. Is this the person who should be contacted by state agencies when evaluating whether proposed local government projects are consistent with the service delivery strategy? 0Yes (g!No If not, provide designated contact person(s) and phone number(s) below: COUNTY MANAGER (404) 612-0832 Page 2 of 2 FC 001099 I I I Sheriff Myron E. Freeman Fulton County SherifPs Office 185 Central Avenue, SW Atlanta, Gc-orgia 30303 Oi1·cctor Chris Lagcrbloom Cit)• of Milton Department of Public Safety 13000 Deerfield Parkway, Building 100 Milton, Georgia 30004 MEMORANDUM OF UNDERSTANDING MEMORANDUM OF UNDERSTANDING AND AGREEMENT Between the Sheriff of Fulton County and The Cif)1 of Milton Department of Public Safety I. PURPOSE: This Memorandum of Understanding and Agreement between the Fulton County Sheriffs Office and the City of Milton Department of Public Safety establishes the mutual responsibilities of each organization vvith respect to law enforcement operations in the City of Ivlllton. II. ST A TE.MENT OF RECIPROCITY: The following document provides guidelines by which the Fulton County Sheriffs Office and the City of Milton Department of Public Safety will coord · nate their activities to provide law enforcement services in the City of Milton. ill. REQUESTS FOR ASSISTANCE: TI1is Agreement c.;ontemplates an ongoing relationship in which each agency routinely cooperates with and renders assistance to the other agency within the scope of th.is Agreement. Therefore, no requests are required for the assistance set forth in subparagraphs 1 and 2 below. Requests for assistance with respect to subparagraphs 3 and 4 below ,,,.;11 be made as provided in thi s Agreement. In the event either agency wishes to request training assistance, or assistance beyond that spelled out in thi s Agreement, the Agency heads or their designees will be responsible for personally requesting and authorizing additional assistance. I. Detention: The Fulton County Sheriffs Office, pursuant to an intergovernmental agreement, operates the Alpharena Jail Annex. The Sheriff will process inmates at the Alpharetta Jail Annex who are arrested by the City of Milton Police Department. The Sheriffs Office wi ll make up to three (3) beds at the Alpharetta Jail Annex available for City of Milton male inmates at no charge; however, the parties agree that the Sheriff has the unfettered discretion to house Milton inmates elsewhere for reasons including, but not limited to, disciplinary matters, security and classification concerns, the need for medical and/or mental health treatment, or such other reasons as the Sheriff may deem appropriate. Female inmates will be housed at the Fulton County Jail complex on Rice Street. The Sheri!Ts Office will provide jail clothing, food, and necessary medical care for City of Milton inmates in accordance with Fulton County Jail policies and procedures, and will book, identify, and release City of Milton inmates admi11ed into the Alpharetta Jail Annex. If there are more than three (3) City of Milton inmates at any given lime, the City of Milton will reimburse the Fulton County Sheriffs Office at a daily rate of $68.00 per day per inmate. Warrant Service: The City of Milton Police Department will serve criminal process within the City of Milton cmvorate limits on behalf of the Sherifrs Oflice on an if, when, and as needed basis_ 1l1e Sheriff and the Director of Public Safety may, by mutual agreement, I I I detennine that City of Milton officers will be sworn as t.lepu ty sheriffs for the purpose of serving process elsewhere within Fulton County. 3. Training Facilitie~: Either agency may allow the other agency to use its training facilities and audio/visual equipment to conduct classroom training sessions, and to participate in mutunlly beneficial law enforcement training. folton County Sheriffs Office Training facilities available include a training center with classroom and firing range. Requests for use of training facilities or for participation in mutual training exercises will be evaluated on a case- by-case basis, taking into account the specifics of each individual request. 4. Bomb Unit: The Fulton County SherifPs Office will provide assistance to the Cily of Milt on Police Depa1tment in detennining the nature of, and rendering safe, suspicious items. The City of Milton Police Department will request assistance from the Fulton County Sheriffs Office Bomb Unit via the Fulton County Communications Center. If the Fulton County Sheriff's Office Bomb U11it is not available, the Sheriffs Office will so advise the City of Milton in order that a request for assistance may be made to the Georgia Bureau of Investigation. 5. Special Weapons and Tactics (''SWAT"). The fulton County Sheriffs Office will provide assistance to the City of Milton Police Department via its Special Weapons and Tactics Team ("SWAT'') with respect to high risk warrants, ban-icnded subjects. hostage ne~ol iations. etc. The City of Milton Police Depa1tment will request assistance from the Fulton County Sheriffs Office via telephone call to ( 404) 730-512 S or, if that number is not reached, through the rulton County Communications Center. If the Fulton County Sheriffs Office SWAT Team ic; not available, the Sheriffs Office will so advise the City of Milton in order that a request for assistance may be made to the Georgia State Patrol or other law tmforcement agency. IV. METHODS OF RF:QUESTING ASSISTANCE: Any request for assistance pursuant to this MOU, except as provided othenvise herein, will be made in writing at least three (3) days in advance. In case of an emergency, a telephonic request may be made. vl. TER.i\II OF THE AGREEMENT: This MOU will become effective upon the date of signature of all parties. The parties will review this agreement annually. This i'v10U may be modified by the written agreement of both parties. This MOU may be terminated by either party via sixty (60) days' V.'litten notice to the other. VJ[. NO RIGHTS IN THIRD PARTIES: The mutual agreement reflected in this document is for the benefit of the participating entities only. Nothing contained herein shall be deemed to create any rights in any third party, nor any legally enforceable obligation or standard of care other than between the parties. -2- I I I ( ·fY)t;, ~ /~ Myron E. Freeman, Sheriff Fulton County Sherifrs Office Date Date -3-