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PACKET - Agenda 06.16.14
Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Matt Kunz Bill Lusk Burt Hewitt Joe Longoria Rick Mohrig CITY COUNCIL CHAMBERS City Hall, Suite 107E Monday, June 16, 2014 Regular Council Meeting Agenda 6:00 PM INVOCATION - Reverend Monsignor Peter J. Rau, the Pastor of St. Peter Chanel Catholic Church, Roswell, Georgia CALL TO ORDER 1) ROLL CALL 2) PLEDGE OF ALLEGIANCE (Led by Mayor Joe Lockwood) 3) APPROVAL OF MEETING AGENDA (Add or remove items from the agenda) (Agenda Item No. 14-168) 4) PUBLIC COMMENT 5) CONSENT AGENDA 1. Approval of the May 19, 2014 City Council Regular Meeting Minutes. (Agenda Item No. 14-169) (Sudie Gordon, City Clerk) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 16 , 2014 Page 2 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 2. Approval of the June 2, 2014 City Council Regular Meeting Minutes. (Agenda Item No. 14-170) (Sudie Gordon, City Clerk) 3. Approval of the June 9, 2014 Special Called City Council Meeting Minutes. (Agenda Item No. 14-171) (Sudie Gordon, City Clerk) 4. Approval of the Financial Statements for the Period Ending May, 2014. (Agenda Item No. 14-172) (Stacey Inglis, Assistant City Manager) 5. Approval of a Three-Year Intergovernmental Agreement for the Provision of Animal Control Services between the City of Milton and Fulton County. (Agenda Item No. 14-173) (Stacey Inglis, Assistant City Manager) 6. Approval of a Professional Services Agreement between the City of Milton and Dr. Thomas L. Daniels for Creation of a GreenPrint Plan for the City. (Agenda Item No. 14-174) (Kathleen Field, Community Development Director) 7. Approval of a Construction Services Agreement between the City of Milton and Prime Contractors, Inc. for Renovation Services at Fire Station 43. (Agenda Item No. 14-175) (Carter Lucas, Public Works Director) 8. Approval of a Contract with Payroll Strategies, LLC to Provide Payroll, HRIS and Time and Attendance to the City. (Agenda Item No. 14-176) (Sam Trager, Human Resources Director) 6) REPORTS AND PRESENTATIONS 1. Recognition for Memorial Day Essay Contest Finalists. (Presented by Mayor Joe Lockwood) 7) FIRST PRESENTATION (None) 8) PUBLIC HEARING (None) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 16 , 2014 Page 3 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 9) ZONING AGENDA 1. Consideration of RZ13-18 – Birmingham Highway (West Side) with a frontage of approximately 373 feet by Piedmont Atlantic Capital to rezone from AG-1 (Agricultural) to CUP (Community Unit Plan) to develop 13 single family residences on 19.5 acres. (Agenda Item No. 14-154) (First Presentation at June 2, 2014 Regular City Council Meeting) (Kathleen Field, Community Development Director) 2. Consideration of ZM14-04 – 305 Crooked Stick Drive Zoned CUP (Community Unit Plan) to Modify Condition 1.e. (RZ85-181) to the following: To Reduce the 100 Foot Building Setback from the Property Line of the C.U.P. to 50 Feet by C.D. Hays. (Agenda Item No. 14-156) (First Presentation at June 2, 2014 Regular City Council Meeting) (Kathleen Field, Community Development Director) 3. Consideration of ZM14-05 – 16720 Quayside Drive Zoned CUP (Community Unit Plan) to Modify Condition 3.a. (RZ06-70) to the following: To Reduce the Front Setback from 30 Feet to 28 Feet and 3 Inches by Jane A. Schwartz. (Agenda Item No. 14-157) (Kathleen Field, Community Development Director) 4. Consideration of ZM14-03 – Southeast Corner of Birmingham Highway and Birmingham Road Containing 22.30 Acres Currently Zoned MIX (Mixed Use) and AG -1 (Agricultural) to Modify Conditions 1.c., 1.d., 2.a., and 3.b. (RZ04-0116) by Capkey Birmingham Partners, LLC. (Agenda Item No. 14-155) (Kathleen Field, Community Development Director) 5. Consideration of RZ13-22 – To Amend Chapter 64, Article VII, Division 6 Northwest Fulton Overlay District. (Agenda Item No. 14-158) (First Presentation at June 2, 2014 Regular City Council Meeting) (Discussed at June 9, 2014 City Council Work Session) (Kathleen Field, Community Development Director) 6. Consideration of RZ14-01 – To Amend Chapter 64, Article I, Section 64-1 Definitions. (Agenda Item No. 14-159) (First Presentation at June 2, 2014 Regular City Council Meeting) (Discussed at June 9, 2014 City Council Work Session) (Kathleen Field, Community Development Director) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 16 , 2014 Page 4 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 7. Consideration of RZ14-02 – To Amend Chapter 64, Article IX, Administrative Permits and Use Permits. (Agenda Item No. 14-160) (First Presentation at June 2, 2014 Regular City Council Meeting) (Discussed at June 9, 2014 City Council Work Session) (Kathleen Field, Community Development Director) 8. Consideration of RZ14-03 – To Amend Chapter 64, Article IX, Administrative Permits and Use Permits to Create a New Use Permit for a Rural or Agricultural Event Facility. (Agenda Item No. 14-161) (First Presentation at June 2, 2014 Regular City Council Meeting) (Discussed at June 9, 2014 City Council Work Session) (Kathleen Field, Community Development Director) 9. Consideration of RZ14-04 – To Amend Chapter 64, Article IX, Administrative Permits and Use Permits to Create a New Use Permit for Artist Studio. (Agenda Item No. 14-162) (First Presentation at June 2, 2014 Regular City Council Meeting) (Discussed at June 9, 2014 City Council Work Session) (Kathleen Field, Community Development Director) 10) UNFINISHED BUSINESS 1. Consideration of an Ordinance Accepting the Revised Georgia Municipal Employees Benefit System (GMEBS) Defined Benefit Retirement Plan and General Addendum. (Agenda Item No. 14-153) (First Presentation at June 2, 2014 Regular City Council Meeting) (Sam Trager, Human Resources Director) 11) NEW BUSINESS 1. Consideration of a Resolution to Approve a Revised Adoption Agreement Between the City of Milton and ICMA-RC to Limit Participation in the Defined Contribution Plan to Employees Hired Prior to July 1, 2014. (Agenda Item No. 14-177) (Sam Trager, Human Resources Director) 2. Consideration of a Resolution to Approve the FY2015-2017 Cooperation Agreement Between the City of Milton, Georgia and Fulton County, Georgia to Continue its Participation in the County’s Community Development Block Grant (CDBG), HOME Investment Partnerships Program, and the Emergency Solutions Grant (ESG) Program for the years 2015, 2016 and 2017. (Agenda Item No. 14-178) (Michele McIntosh-Ross, Principal Planner) MILTON CITY COUNCIL REGULAR COUNCIL MEETING JUNE 16 , 2014 Page 5 of 5 Persons needing special accommodations in order to participate in any City meeting should call 678-242-2500. 3. Consideration of a Construction Services Agreement between the City of Milton and Headley Construction Corporation for the Renovation of the Hopewell House. (Agenda Item No. 14-179) (Carter Lucas, Public Works Director) 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS 14) EXECUTIVE SESSION (if needed) 15) ADJOURNMENT (Agenda Item No. 14-180) The minutes were provided electronically I HOME OF ` ESTABLISH ED2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 4, 2014 FROM: City Manager AGENDA ITEM: Approval of the Financial Statements for the Period Ending May, 2014. MEETING DATE: Monday, June 16, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: 0(o /1 V /1,-r REMARKS () NOT APPROVED VNO NO () NOT APPROVED JZ.,4. ©Your _ PHONE: 678.242.2500 � FAX: 678.242.2499 Green '0' Cenificd * Top 10� irdoftityofmiltonga.us I www @Community ; r; Sf 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 B�o To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on June 10, 2014 for the June 16, 2014 Regular Council Meeting Agenda Item: Financial Statements for Period 8 – May 2014 Overview and Financial Highlights: General Fund Revenue collections for the General Fund are 6.11% over what is anticipated for the eight period of the fiscal year. Total expenditures to-date are $12,416,288 and are 5.85% less than expected for this period of the fiscal year. Capital Project Fund Expenditures within this fund continue to occur on a project-by-project basis. With a total project expenditure budget of $13,744,324, capital expenditures-to-date total $2,649,164. City of Milton STATEMENT OF REVENUES & EXPENDITURES General Fund For the Period Ending May 2014 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Property Tax 8,344,000 10,609 10,609 - 275,237 273,184 2,053 Motor Vehicle Tax 700,000 97,858 58,333 39,525 600,036 408,333 191,703 Intangible Tax 250,000 16,239 20,833 (4,594) 99,478 145,833 (46,355) Real Estate Transfer Tax 75,000 6,907 6,250 657 40,813 43,750 (2,937) Franchise Fees 1,800,000 115,568 115,568 - 1,004,478 1,020,000 (15,522) Local Option Sales Tax 7,000,000 655,532 583,333 72,199 4,288,886 4,083,333 205,552 Alcohol Beverage Excise Tax 285,000 22,635 23,750 (1,115) 161,245 166,250 (5,005) Business & Occupation Tax 605,000 48,263 48,400 (137) 649,754 605,000 44,754 Insurance Premium Tax 1,600,000 - - - - - - Financial Institution Tax 33,000 - - - 35,172 33,000 2,172 Penalties & Interest 30,000 3,676 2,220 1,456 35,003 26,787 8,216 Alcohol Beverage Licenses 135,000 - - - 138,600 135,000 3,600 Other Non-Business Permits/Licenses 15,686 3,427 1,224 2,203 21,543 13,686 7,857 Zoning & Land Disturbance Permits 152,329 42,839 12,694 30,145 207,716 152,329 55,387 Building Permits 400,000 36,842 33,333 3,509 264,405 266,667 (2,261) Intergovernmental Revenue 1,711 - - - 1,711 1,711 0 Other Charges for Service 439,661 55,779 40,318 15,460 384,824 351,111 33,713 Municipal Court Fines 481,600 45,778 40,133 5,645 309,807 321,600 (11,793) Interest Earnings 14,500 7 1,208 (1,202) 12,526 13,667 (1,140) Contributions & Donations 1,188 750 841 (91) 1,938 840 1,098 Other Revenue 29,540 3,245 2,462 783 43,137 19,693 23,444 Other Financing Sources 64,000 2,166 2,166 - 2,587 2,921 (334) Total Revenues 22,457,215 1,168,119 1,003,677 164,442 8,578,896 8,084,695 494,201 Actual Budgeted Variance over/(under)Actual Budgeted Variance over/(under) Mayor and Council 166,576 4,436 5,662 (1,226) 86,344 92,738 (6,394) City Clerk 188,574 6,641 9,450 (2,808) 107,673 122,049 (14,375) City Manager 556,713 24,050 24,282 (232) 303,238 322,026 (18,787) General Administration 37,794 3,292 3,212 79 27,203 29,223 (2,020) Finance 367,595 10,737 12,711 (1,974) 227,307 241,185 (13,878) Legal 230,000 26,456 19,167 7,289 128,302 134,167 (5,865) Information Technology 614,657 18,595 26,316 (7,721) 340,555 381,679 (41,124) Human Resources 331,108 8,806 15,431 (6,625) 154,255 178,690 (24,435) Risk Management 195,015 - - - 97,818 97,818 - General Government Buildings 436,678 60,713 66,746 (6,033) 273,842 321,475 (47,633) Public Information & Marketing 254,541 6,762 8,453 (1,691) 121,762 124,642 (2,880) Municipal Court 246,985 7,316 11,294 (3,979) 142,732 150,768 (8,035) Police 3,420,814 119,410 146,431 (27,021) 1,870,226 2,059,267 (189,041) Fire 5,408,188 193,741 213,526 (19,785) 3,043,468 3,297,739 (254,271) EMS Operations - - - - - - - Public Works 1,833,009 96,657 103,172 (6,515) 1,091,666 1,119,047 (27,381) Parks & Recreation 990,634 26,290 30,820 (4,530) 550,816 605,674 (54,859) Community Development 1,096,848 44,571 50,391 (5,820) 608,210 668,315 (60,106) Economic Development 79,285 1,460 1,555 (95) 54,985 55,724 (739) Debt Service - Capital Lease Payment 90,770 - - - 90,769 90,769 - Operating Transfers to Other Funds 4,935,793 455,169 455,169 - 3,095,119 3,095,119 - Operating Reserve 95,369 - - - - - - Total expenditures 21,576,946 1,115,102 1,203,787 (88,685)12,416,288 13,188,114 (771,825) Net Income/(Loss)880,269 53,017 (3,837,393) Fund Balance - Beginning 9,489,374 9,489,374 Fund Balance - Ending 10,369,643 5,651,982 Revenues Annual Budget Current Month Year-to-Date Operating Expenditures Annual Budget Current Month Year-to-Date 2 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Earth Day Vendor Fee 1,300$ -$ 1,755$ 455$ Interest Revenues 40 2 13 (27) Crabapple Fest Sponsor 7,500 - 1,000 (6,500) Earth Day Sponsor 4,000 (1,125) 3,875 (125) Concert Sponsor 500 - - (500) Mayor's Run Sponsor 2,000 - 500 (1,500) Donations/Better World Books - - - - T-shirt Sales - - - - Mayor's Run Reg. Fees 1,500 - 447 (1,053) Roundup Food Sales - - - - Total revenues 16,840$ (1,123)$ 7,590$ (9,250)$ EXPENDITURES Current: Special Events 65,095$ 1,657$ 28,839$ 36,256$ Total Expenditures 65,095$ 1,657$ 28,839$ 36,256$ OTHER FINANCING SOURCES (USES) Transfers in from Hotel/Motel Tax Fund 35,000$ 4,015$ 35,000$ -$ Total other financing sources and uses 35,000$ 4,015$ 35,000$ -$ Net change in fund balances (13,255)$ 13,751$ Fund balances - beginning 37,898 37,898 Fund balances - ending 24,643$ 51,649$ City of Milton Special Events Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2014 3 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Cash Confiscations/State Funds -$ -$ -$ -$ Cash Confiscations/Fed Funds/US Marshal - - - - Cash Confiscations/HIDTA - - 13,487 13,487 Interest Revenues/State Funds - - 16 16 Interest Revenues/Federal Funds - - 20 20 Realized Gain on Investments/State Funds - - - - Budgeted Fund Balance - - - - Total revenues -$ -$ 13,523$ 13,523$ EXPENDITURES Current: Police 18,000$ -$ 11,025$ 6,975$ Total Expenditures 18,000$ -$ 11,025$ 6,975$ OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (18,000)$ 2,498$ Fund balances - beginning 125,504 125,504 Fund balances - ending 107,504$ 128,003$ City of Milton Confiscated Assets Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2014 4 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Wireless 911 Fees 800,000$ 33,943$ 446,999$ (353,001)$ Interest Revenue 200 29 173 (27) Total revenues 800,200$ 33,972$ 447,172$ (353,028)$ EXPENDITURES Current: Public Safety 1,117,262$ (272,751)$ 558,567$ 558,695$ Total Expenditures 1,117,262$ (272,751)$ 558,567$ 558,695$ OTHER FINANCING USES Unallocated -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances (317,062)$ (111,395)$ Fund balances - beginning 768,794 790,699 Fund balances - ending 451,732$ 679,304$ City of Milton E-911 Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2014 5 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues SAFER Grant -$ -$ -$ -$ Bulletproof Vest Program - - - - Byrne-JAG Grant - - - - GDCC Mini Grants - - - - GEMA Grant - - - - FRESH Grant - 1,000 20,000 20,000 Interest Revenues - 1 4 4 Total revenues -$ 1,001$ 20,004$ 20,004$ EXPENDITURES Current: General Administration -$ -$ -$ - Police - - - - Fire - - - - Parks & Recreation - - - - Total Expenditures -$ -$ -$ -$ Excess of revenues over expenditures - 1,001 20,004 20,004 OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ -$ -$ -$ Total other financing sources and uses -$ -$ -$ -$ Net change in fund balances - 20,004 Fund balances - beginning - - Fund balances - ending -$ 20,004$ City of Milton Operating Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2014 6 Original Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Taxes Hotel/Motel Taxes 55,000$ 6,181$ 37,166$ (17,834)$ Total revenues 55,000$ 6,181$ 37,166$ (17,834)$ OTHER FINANCING SOURCES/(USES) Transfers out to General Fund 20,000$ 2,166$ 2,166$ (17,834)$ Transfers out to Special Events Fund 35,000 4,015 35,000 - Total other financing sources and uses 55,000$ 6,181$ 37,166$ (17,834)$ Net change in fund balances - - Fund balances - beginning - - Fund balances - ending -$ -$ City of Milton Hotel/Motel Tax Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2014 7 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Charges for Service Infrastructure Maintenance Fee 65,000$ 65,000$ 4,696$ 49,223$ (15,777)$ Sidewalk Replacement Account - - - 17,000 17,000 Crabapple Paving Fee - - - 5,250 5,250 Traffic Calming - - - - - Tree Recompense - - - - - Landfill Host Fees 80,000 80,000 53,160 (26,840) HYA Fees - - 7,808 7,808 Interest Revenue 3,000 3,000 185 1,498 (1,502) Realized Gain or Loss on Investments - - - - - Insurance Proceeds/Public Safety - - - - - Insurance Proceeds/Public Works - - - - - Atlanta HIDTA Stipend - - - - - Capital Lease Proceeds - - - - - Total revenues 148,000 148,000 4,881$ 133,939$ (14,061)$ EXPENDITURES Capital Outlay City Council 36,070$ 36,070$ -$ 18,042$ 18,028$ General Admin - 50,000 - - 50,000 Finance - - - - - IT - - - - - Police 2,331,523 2,604,805 513 218,979 2,385,826 Fire 1,438,530 1,511,970 2,011 16,182 1,495,788 Public Works 7,313,241 7,681,241 5,397 2,015,204 5,666,037 Parks & Recreation 1,746,290 1,746,290 9,250 380,357 1,365,933 Community Development 113,948 113,948 - 400 113,548 Total Capital Outlay 12,979,602$ 13,744,324$ 17,171$ 2,649,164$ 11,095,160$ Excess of revenues over expenditures (12,831,602) (13,596,324) (12,291) (2,515,226) (11,109,221) OTHER FINANCING SOURCES/(USES) Transfers in from General Fund 4,151,071$ 4,915,793$ 455,169$ 3,095,119$ (1,820,674)$ Unallocated (125,216) (125,216) - - 125,216 Proceeds of Sale of Assets - - 300 300 Budgeted Fund Balance - - - - - Total other financing sources and uses 4,025,855 4,790,577 455,169 3,095,419 (1,695,158) Net change in fund balances (8,805,747) (8,805,747) 580,193 Fund balances - beginning 8,960,703 8,960,703 8,960,703 Fund balances - ending 154,956$ 154,956$ 9,540,896$ City of Milton Capital Project Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2014 8 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) REVENUES Intergovernmental Revenues GDOT Crabapple Streetscape 500,000$ 500,000$ -$ -$ (500,000)$ GDOT TAP (Big Creek Greenway)- 200,000 - - (200,000) LMIG Funds - 275,873 - 275,873 0 GDOT HPP Funds 7,262,878 7,262,878 - 60,362 (7,202,516) MARTA Grant 177,355 177,355 - - (177,355) SR 9 @ Bethany Bend Grant 60,000 60,000 - 8,447 (51,553) GDOT-Signage/Landscaping 4,062 4,062 - - (4,062) Trail Connection to Big Creek Greenway - 30,000 - 30,000 - Interest Revenues 800 800 26 226 (574) Total revenues 8,005,095$ 8,510,968$ 26$ 374,909$ (8,136,059)$ EXPENDITURES Capital Outlay Unallocated -$ -$ -$ -$ -$ Public Safety - - - Public Works 8,682,362$ 9,208,235$ 25,039$ 472,668$ 8,735,567$ Community Development 7,190 7,190 - - 7,190 Total Capital Outlay 8,689,552$ 9,215,425$ 25,039$ 472,668$ 8,742,757$ Excess of revenues over expenditures (684,457) (704,457) (25,013) (97,759) 606,698 OTHER FINANCING SOURCES (USES) Transfers out to General Fund (20,000)$ -$ -$ -$ -$ Total other financing sources and uses (20,000)$ -$ -$ -$ -$ Net change in fund balances (704,457) (704,457) (97,759) Fund balances - beginning 705,087 705,087 705,087 Fund balances - ending 630$ 630$ 607,328$ City of Milton Capital Grant Fund Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2014 9 Original Budgeted Amounts Amended Budgeted Amounts Current Period Actuals Year-to-Date Actuals Variance with Final Budget - Positive (Negative) EXPENDITURES Capital Outlay General Government Buildings -$ 3,322,000$ -$ 899,196$ 2,422,804$ Parks & Recreation - 8,678,000 - - 8,678,000 Total Capital Outlay -$ 12,000,000$ -$ 899,196$ 11,100,804$ Excess of revenues over expenditures - (12,000,000) - (899,196) 11,100,804 OTHER FINANCING SOURCES (USES) Transfers in from General Fund -$ 2,000,000$ -$ -$ (2,000,000)$ Revenue Bond Proceeds - 10,000,000 - - 10,000,000 Total other financing sources and uses -$ 12,000,000$ -$ -$ 8,000,000$ Net change in fund balances - - (899,196) Fund balances - beginning - - - Fund balances - ending -$ -$ (899,196)$ City of Milton Capital Projects Fund - Revenue Bond Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual For the Period Ended May 31, 2014 10 HOME OF 'TrIE BEST [TY 0Ll�z- M.IL.TON% ESTA6LISHFD 2000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 4, 2014 FROM: City Manager AGENDA ITEM: Approval of a Three -Year Intergovernmental Agreement for the Provision of Animal Control Services between the City of Milton and Fulton County. MEETING DATE: Monday, June 16, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER.- QY APPROVED (j NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (AYES (j NO CITY ATTORNEY REVIEW REQUIRED: (1, YES (} NO APPROVAL BY CITY ATTORNEY (,)_APPROVED () NOT APPROVED PLACED ON AGENDA FOR REMARKS © Your PHONE: 678.242.25001 FAX: 678.242.2499 . .Green`� ; U :,tifi.d intoftityofmiltonga.us I www.cityofmiltonga.us Community 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 'aK Page 1 of 2 To: Honorable Mayor and City Council Members From: Stacey Inglis, Assistant City Manager Date: Submitted on June 9, 2014 for the June 16, 2014 Regular Council Meeting Agenda Item: Approval of a Three-Year Intergovernmental Agreement for the Provision of Animal Control Services between the City of Milton and Fulton County ____________________________________________________________________________ Department Recommendation: Approval of the three-year Intergovernmental Agreement (IGA) with Fulton County for Animal Control Services. Executive Summary: Fulton County currently provides animal control services for the City of Milton through an IGA. This IGA is scheduled to renew effective June 30, 2014. Services include investigation of cruelty complains and animal bites, response to citizens’ requests, and to provide facilities to house homeless animals. The cost of the IGA for 2014-2017, will be $29,200.75 per year during the three-year duration of this IGA. This amount has decreased by 14 percent from current IGA. The calculations are based on Milton’s volume of calls, vehicle replacement costs, Fulton County’s capital improvement plan and maintenance costs for the shelter as part of the County’s indirect cost/overhead. The costs are spread over a five-year period. Funding and Fiscal Impact: Funding is provided under the Police budget, “Maintenance Contracts”. Alternatives: None Legal Review: Paul Higbee – Jarrard & Davis (June 9, 2014) Page 2 of 2 Concurrent Review: Stacey Inglis, Assistant City Manager Attachment(s): IGA and Cost Chart 1 INTERGOVERNMENTAL AGREEMENT FOR THE PROVISION OF ANIMAL CONTROL SERVICES BETWEEN FULTON COUNTY, GEORGIA AND __________, GEORGIA THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”), by and between Fulton County, Georgia (“County”) and the City of _______, Georgia (“City”) within Fulton County is entered into this ___________ day of ___________________, 2014. WHEREAS, Fulton County, Georgia is a constitutionally created political subdivision of the State of Georgia; and WHEREAS, the Georgia Constitution, ARTICLE IX, Section 2, Paragraph 3, except as otherwise provided by law, prohibits cities and counties from exercising governmental authority within each other’s boundaries except by Intergovernmental Agreement; and WHEREAS, the County and City desire to enter into an Intergovernmental Agreement for the County to respond to citizens’ requests for animal control services twenty-four (24) hours per day within the corporate limits of the City; and WHEREAS, there is a need to control rabies, investigate cruelty complaints, and investigate animal bites within the corporate limits of the City upon request of the City; and WHEREAS, the County has the capacity to provide such services through a contract with an approved animal control services vendor; and WHEREAS, the City wishes to purchase animal control services within its corporate limits and delegate response to animal control complaints by its citizens twenty-four (24) hours per day, such response to be made in accordance with the terms of the animal services contract; and WHEREAS, the County wishes to provide such services to the City through a contract with an approved animal control services vendor under the direction and control of the County; NOW THEREFORE, in consideration of the following mutual obligations, the County and City agree as follows: 2 ARTICLE 1 PURPOSE AND INTENT 1.1 The County agrees to provide animal control services through a contract with an animal control services vendor within the corporate limits of the City. 1.2 The County agrees to provide a response to requests for animal control services within the City in accordance with the time periods specified in the County’s contract with its approved animal control services vendor. 1.3 The County agrees to provide rabies control services within the corporate limits of the City upon request of the City and in accordance with the approved contract with the animal control services vendor. ARTICLE 2 TERM OF AGREEMENT 2.1 The term of this Agreement is for three (3) years commencing on July 1, 2014 and concluding on June 30, 2017. At the conclusion of this term, the City will be solely responsible for providing all animal control services within its boundaries, with the exception of state mandated rabies control response which the County will continue to provide. This Agreement may be extended for additional terms by mutual agreement approved by both governing bodies. ARTICLE 3 COMPENSATION AND CONSIDERATION 3.1 During the first term of this agreement and each subsequent term thereafter, the cost to the City will be based on the classification and location of calls received by the animal control services vendor during the previous year with the payment amount determined by the following formula: Payment Amount = Y (A+V+C+M)(C/TC) Y = Percentage of response NOT related to state mandated county rabies control responses. A = Annualized Contract Award Amount plus Indirect Cost (Applicable County Full Cost Plan) C = Number of responses to requests for animal control service within the City or unincorporated Fulton County TC = Total number of responses for each municipality and Fulton County **Note-as outlined in “Attachment 1” the new formula includes costs for maintenance, vehicle replacement, and capital improvements. 3 The payment amount for each municipality to Fulton County and an example calculation is included (Attachment 1). 3.2 The City shall be responsible for paying fifty percent (50%) of the total compensation amount due under this Agreement at commencement of this Agreement. The commencement of the Agreement shall occur on the first day of the term of the Agreement. Upon commencement of the Agreement and prior to performing animal control services herein, the County will invoice the City in an amount that equals fifty percent (50%) of the total compensation due under the Agreement. The invoice will include compensation under the Agreement for six months of animal control services. Payment will be due within sixty (60) days of the invoice date and should be sent to the Fulton County Fi nance Department, Treasury Division, Suite 7001, 141 Pryor Street, SW, Atlanta, GA 30303. Failure to remit payment to Fulton County within sixty (60) days of the invoice date may result in suspension of services to the City until such time as the payment is received or termination of the Agreement. ARTICLE 4 ANIMAL CONTROL SERVICES 4.1 The County agrees to contract with an animal control services vendor to provide animal control services within the County, including within the boundaries of the City. 4.2 The City recognizes the County will provide animal control services through a contract awarded to an independent animal control services vendor selected by the County Board of Commissioners. 4.3 The County and the City recognize that the City shall have the right to request of the County that it assign tasks to the animal control services vendor pursuant to this agreement. Supervision and the means by which tasks are accomplished shall be the responsibility of the County through the animal control services contract administrator. ARTICLE 5 RECORD KEEPING AND REPORTING 5.1 The County agrees to provide the City with all reports stipulated in the animal control service vendor’s contract and access to records the vendor i s required to maintain in accordance with the vendor’s contract. ARTICLE 6 TERMINATION 6.1 The parties agree that the City may, upon sixty (60) days written notice to the County, terminate this agreement upon its determination it wishes to provide its own animal control services. The parties agree that the County may, upon sixty (60) days written notice to the City, terminate this agreement which would require the City to provide its own animal control services, except for state mandated rabies control. 4 ARTICLE 7 EVENT OF DEFAULT AND REMEDY 7.1 An event of default shall occur if the County fails to provide animal control services as stipulated in the current animal control service vendor’s contract. The City shall be in default if the City fails to pay the initial fifty percent (50%) of the total contract amount or any subsequent payment due pursuant to Article 3 of this Agreement. 7.2 If the City fails to cure an Event of Default within thirty (30) days, then the city agrees that it will be responsible for providing its own animal control services at i ts own cost and expense and that any outstanding payments or amounts due to the County will constitute liquidated damages, and not a penalty, under this Agreement. 7.3 If the County defaults, the County agrees that the City may provide animal control services, as stipulated in the current animal control services vendor’s contract, in any manner the City decides, with the County to bear all reasonable and necessary costs associated with the City providing those services during the Term of Agreement. Payment by the County to the City will be made within sixty (60) days of receipt of a City invoice. 7.4 If one or more Events of Default listed in this Article shall occur, the party suffering from the default shall provide written notice of default within thirty (30) days to the defaulting party. After receiving notice of default, the par ty in default shall have thirty (30) days to cure any default. If the default is not cured within thirty (30) days, the party that is not in default may terminate the Agreement. ARTICLE 8 ENTIRE AGREEMENT 8.1 It is understood that the terms of this agreement include all of the agreements made by the County and the City without regard to any oral conversations which may have taken place prior to execution or subsequent thereto and that any changes shall be made in writing and agreed to by both parties. ARTICLE 9 SEVERABILITY 9.1 If a court of competent jurisdiction renders any provision of this Agreement (or portion of a provision) to be invalid or otherwise unenforceable, that provision or portion of the provision will be severed and the remainder of this Agreement will continue in full force and effect as if the invalid provision or the invalid portion of the provision were not part of the Agreement. 5 ARTICLE 10 NOTICES 10.1 Notices sent by mail will be deemed to be received upon deposit in the mail, properly addressed. Notices sent by certified or registered mail will be deemed to be received upon the date of the acknowledgement. Notices sent by facsimile will be deemed to be received upon successful transmission to the proper facsimile number. Notices delivered by hand -delivery will be deemed to be received upon acceptance by the respective party or its agent. 10.2 Either party may, at any time, change its respective address or facsimile number by sending written notice to the other party of the change. 10.3 For all notices to City the address will be as noted on the signature page for each respective city: For all notices to County the address will be: Fulton County Office of the County Manager 141 Pryor Street Atlanta, GA 30303 ARTICLE 11 NONDISCRIMINATION 11.1 In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the County agrees that, during performance of this Agreement, the County, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any contractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, the County agrees to comply with all applicable implementing regulations and shall include the provisions of this Section in every contract for services contemplated under this Agreement. ARTICLE 12 E-VERIFY 12.1 It is the policy of the City that unauthorized aliens shall not be employed to perform work on its contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless the County shall provide evidence that the County shall have or has within the previous twelve (12) month period conducted a verification, under the federal Employment Eligibility Verification (“EEV” or “E-Verify”) program, of the social security numbers, or other identifying information now or hereafter accepted by the E-Verify program, of all employees who will perform work on this Agreement to ensure that no unauthorized aliens will be employed. The County hereby verify that it has, prior to executing this Agreement, executed a notarized affidavit, in the form attached as Exhibit A. In the event the County employs or contracts with 6 any contractors or subcontractors in connection with the activities contemplated by this Agreement, the County agrees to secure from such contractor or subcontractor(s) attestation of their compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. IN WITNESS WHEREOF, the City and County have executed this Agreement through their duly authorized officers on the day and year first above written. FULTON COUNTY, GEORGIA ATTEST: ________________________________ _____________________________ John Eaves Mark Massey Chair Clerk SEAL Fulton County Board of Commissioners Fulton County Board of Commissioners Approved as to Form: Approved as to Content: ________________________________ _____________________________ Office of the Fulton County Attorney Animal Services Contract Administrator CITY OF _______, GEORGIA _____________________________ _____________________________ Mayor Municipal Clerk SEAL Approved as to Form: _____________________________ ____________________________ City Attorney City Manager [insert address and contact information] Facsimile: Attention: 7 EXHIBIT “A” STATE OF GEORGIA CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that Fulton County, Georgia has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned will continue to use the federal work authorization program throughout the contract period and the undersigned will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit with the information required by O.C.G.A. § 13-10-91(b). The undersigned hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ Federal Work Authorization User Identification Number _________________________________ Date of Authorization _________________________________ Name of Local Government Entity _________________________________ Name of Project _________________________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________, 201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: ________________________________ M \O L- M ON Ln N \.O d m m O d o�mmIICOt�OI'll 1-1CDmC)m ¢ > V :E b4 M O O r - N MrnrnMrnt-- O� mtn�O�O 1.0 d +� + r d1 Ln �O m N N m d" N MC% M O c (01, CO cc Ln L- O [- M m L- Ln a1 a1 \.O M --i L-- cn C d" M cr u7 d' O d" d" C M 00 N d"' d" m M 1- N DC cz .�-1 c%1 CL 104 b4 b4 b4 b4 y} -Eo} b4 b4 b4 b4 b4 b4 {t} ioll a..+ O1 Ln d" t- N d" Ln t- O CN Ln \Z O m L*- m n M O Ln r-1 m to O ll- 1-1 O V a.+ O \.0 01 a\ \,o co rN O [- O N .-1 N O N O., m M \O Ln Ln c-1 N Ln t� 00 Ell O M CO O . y l� 'I Ln co Ln Ll- M O m N d L, ON "O d" O d, 116 r; O� m 1 N O` NE-- 00 00 L- M Ln N ON O, O to N "t c- N -1 Ln w � N � 64 b4 b4 b4 b4 b4 104 b4 b4 {� b4 b4 b4 b4 b4 N t2, V V- F \ 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N \.O \10 I'D r M —4 00 N O ON d r Lo 00 00 C:) t-- O O n p y O Ln 011 MN O N O CO ON L- M CO co d" Ln \O N O O N w y r1 � O n O O O r-4 N m 0 "o O S 0 V d .--+ Ln M co O,, Ln r-1 w� N M 1-0 O O O + y V) O N bb..0 co N :'. .�, p N czO O >1 N Ln V) C) 4-J r. C-) �" := Cz O y p M O \O Ln M [� N M I'D r1 c -i d' 00 Ln "CS 4--' CZ y O " O O LO Ln m It N co r" ON Ln N in 1-1 C/1 O y I 0 � O O F.. "y OO Ln L( y. Ow 'CS rl O N (1) b4 C J y > o vi .. O `� LO0 LO b3 O 4' CZ CA UO 4-1 Q O rte, i E u u i.. o �. CZ ( O OVa0,, V•�, y N v c� crs b1) o x -o ¢ a��iz o0 Y a o o a ' cz a >LnQ H � ¢¢uww a`�,V))w� V) ¢ > V :E b4 M O O r - N '0 HOME OF ' FSTA B1.iSIIFr) 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 4, 2014 FROM: City Manager AGENDA ITEM: Approval of a Professional Services Agreement between the City of Milton and Dr. Thomas L. Daniels for Creation of a GreenPrint Plan for the City. MEETING DATE: Monday, June 16, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: (,j YES O NO CITY ATTORNEY REVIEW REQUIRED. (� YES O NO APPROVAL BY CITY ATTORNEY (APPROVED (j NOT APPROVED PLACED ON AGENDA FOR: D (� l l W f q REMARKS your _ PHONE: 678.242.2500 1 FAX: 678.242.2499 'Green info4cifyofmiltonga.us I www.cltyofmilfonga.us $ Community 1QE9'ithCS 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Kathleen Field, Community Development Director Date: Submitted on 6/5/14 for the 6/16/14 Regular Council Meeting Agenda Item: Approval of a Professional Services Agreement between the City of Milton and Dr. Thomas L. Daniels for Creation of a GreenPrint Plan for the City ____________________________________________________________________________ Department Recommendation: Approve. Executive Summary: Consultant will create a GreenPrint Plan for the City. The first step will be an assessment of existing conditions, including a review of the City’s Comprehensive Plan, the Milton Trail Plan and other visioning studies. The Consultant will also hold stakeholder meetings and then travel throughout the city to make an on-ground assessment. Subsequently, he will identify the areas and policies for conservation and development with the goal of protecting the City’s unique rural character while accommodating development. Funding and Fiscal Impact: $8,000. Alternatives: None. Legal Review: Paul Higbee, Jarrard & Davis on June 4, 2014 Concurrent Review: Stacy Inglis, Assistant City Manager Attachment: Professional Services Agreement between the City of Milton and Thomas L. Daniels Page 1 of 6 PROFESSIONAL SERVICES AGREEMENT Creation of a GreenPrint Plan This Professional Services Agreement (the “Agreement”) is made and entered into this ____ day of ____________, 201__, by and between the CITY OF MILTON, GEORGIA (hereinafter referred to as the “City”), and Thomas L. Daniels (hereinafter referred to as the “Consultant”). WITNESSETH THAT: WHEREAS, the City desires to employ a Consultant to perform the services described herein (the “Work”); and WHEREAS, Consultant has familiarized itself with the Contract Documents, as defined below, the Work, and with all local conditions and applicable federal, state and local laws, ordinances, rules and regulations. NOW THEREFORE, the City and Consultant, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents: This Agreement and the following named Exhibits, attached hereto and incorporated herein by reference, constitute the “Contract Documents”: EXHIBIT A WORK DESCRIPTION EXHIBIT B INSURANCE CERTIFICATE EXHIBIT C CONSULTANT AFFIDAVIT AND AGREEMENT EXHIBIT D SUBCONTRACTOR AFFIDAVIT To the extent that there may be any conflict among the Contract Documents, the provision operating most to the benefit of the City shall govern. Section 2. The Work: Consultant shall provide all Work described in the Contract Documents. Unless otherwise stated in the Contract Documents, the Work shall include Consultant’s provision of materials, labor, expenses, and any other cost or item necessary to complete the Work, which is generally described as developing a GreenPrint Plan for the City of Milton by reviewing existing plans previously approved by the City as well as through and on-ground assessment of the situation and by stakeholder meeting with various groups, including City officials. Section 3. Contract Time: Consultant understands that time is of the essence of this Agreement and warrants that it will perform the Work in a prompt manner, which shall not impose delays on the progress of the Work. It shall commence Work pursuant to this Agreement on or before a date to be specified on a written “Notice to Proceed” from the City and shall fully complete the Work within 150 days of the “Notice to Proceed”. Section 4. Work Changes: Any changes to the Work requiring an increase in the Contract Price, as defined below, shall require a written change order executed by the City in accordance with its purchasing regulations. Section 5. Compensation and Method of Payment: City agrees to pay Consultant for the services performed and costs incurred by Consultant upon the City’s certification that the services were actually performed and costs actually incurred in accordance with this Agreement. Compensation for services Page 2 of 6 performed and, if applicable, reimbursement for costs incurred shall be paid to Consultant upon the City’s receipt and approval of an invoice, submitted upon completion of the Work, setting forth in detail the services performed and costs incurred. Invoices shall reflect charges incurred versus charges budgeted. The total amount paid under this Agreement for the Work shall not, in any case, exceed $6,000 (the “Contract Price”), except as outlined in Section 4 above. Travel expenses shall be calculated separately and will be reimbursed based on actual cost. In no event shall reimbursement expenses exceed $2,000. Consultant shall take no calculated risk in the performance of the Work. Specifically, Consultant agrees that in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principles of Consultant’s industry, Consultant will give written notice thereof immediately to the City. Section 6. Covenants of Consultant A. Assignment of Agreement: Consultant covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. B. Responsibility of Consultant and Indemnification of City: Consultant covenants and agrees to take and assume all responsibility for the services rendered in connection with the Work. Consultant shall bear all losses and damages directly resulting to it on account of the negligent performance or character of the services rendered pursuant to this Agreement. Consultant shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, reasonable attorney’s fees, which are the result of willful or negligent acts, or tortious conduct to the extent arising out of the negligent performance of contracted services, or operations by Consultant, any sub-consultant, anyone directly employed by Consultant or sub-consultant or anyone for whose negligent acts Consultant or sub-consultant may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Consultant shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. C. Independent Consultant: Consultant hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent Consultant, not as agent or employee of City. Inasmuch as City and Consultant are parties independent of one another, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing by both parties. Consultant agrees not to represent itself as City’s agent for any purpose to any party or to allow any employee to do so, unless specifically authorized, in advance and in writing, and then only for the limited purpose stated in such authorization. Consultant shall assume full liability for any contracts or agreements Consultant enters into on behalf of City without the express knowledge and prior written consent of City. D. Insurance: Consultant shall have and maintain in full force and effect for the duration of this Agreement, health insurance provided by his employer, the University of Pennsylvania. Consultant shall ensure that all vehicles used by Consultant in the performance of the work contemplated by this agreement shall meet the minimum insurance requirements of the State(s) in which Consultant travels in such vehicle(s) Page 3 of 6 E. Licenses, Certifications and Permits: Consultant covenants and declares that it has obtained and will maintain all diplomas, certificates, licenses, permits or the like required by any national, state, regional, City, and local boards, agencies, commissions, committees or other regulatory bodies to perform the Work. Consultant shall comply with applicable legal requirements and meet the standard of quality ordinarily expected of its industry. F. Ownership of Work: All reports, drawings, specifications, and other items prepared or in the process of being prepared for the Work by Consultant (“materials”) shall be the property of the City and the City shall be entitled to full access and copies of all materials. All copyrightable subject matter in all materials is hereby assigned to the City and Consultant agrees to execute any additional documents necessary to evidence such assignment. G. Consultant’s Representative: Tom Daniels shall be authorized to act on Consultant’s behalf with respect to the Work as Consultant’s designated representative. H. Confidentiality: Consultant acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its sub-consultants, consultants, and/or staff to likewise protect such confidential information. I. Meetings: Consultant shall meet with City’s personnel or designated representatives to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to City. Section 7. Standard of Care: In providing services under this Agreement, the Consultant shall perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same or similar locality. Section 8. Termination: The City may terminate this Agreement for convenience at any time upon written notice to Consultant. Provided that no damages are due to the City for Consultant’s breach of this Agreement, the City shall pay Consultant for Work performed to date in accordance with Section 5 herein. Section 9. Miscellaneous A. Governing Law. This Agreement shall be governed by the laws of the State of Georgia. B. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. C. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. D. E-Verify Affidavits. It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: Page 4 of 6 (1) the Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “C” and “D” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor’s subcontractors have conducted a verification, under the federal Employment Eligibility Verification (“EEV” or “E- Verify”) program, of the social security numbers, or other identifying information now or hereafter accepted by the E-Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “C”, and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “D”, which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor’s and Contractor’s subcontractors’ verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor’s subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor’s failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Page 5 of 6 Contractor agrees that the employee-number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] ____ 500 or more employees. ____ 100 or more employees. _X__Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. E. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section E in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON THE FOLLOWING PAGE] Page 6 of 6 Thomas L. Daniels Signature: _______________________________ Printed Name: _______________________________ Title: ___________________________ [AFFIX CORPORATE SEAL] CITY OF MILTON, GEORGIA _______________________________ Joe Lockwood, Mayor Exhibit “A” Scope of Work: City of Milton GreenPrint Project Thomas L. Daniels (hereafter “the consultant”) will create a GreenPrint Plan for the City of Milton. Task One: Assessment of Existing Conditions The consultant will first review the City of Milton’s Comprehensive Plan, the Milton Trail Plan, and other visioning studies as suggested by city staff. The consultant will meet with City officials and stakeholders to understand the variety of interests involved in land conservation and development within the City. The consultant will then visit the City to study the on the ground situation, with both a driving and walking tour. Task Two: GreenPrint Plan The consultant will provide the City with a digital copy and six (6) hard copies of the deliverable, a GreenPrint Plan for the City of Milton. The GreenPrint Plan will identify the areas and policies for conservation and development with the goal of protecting the City’s unique rural character while accommodating development. Establish the elements of Milton’s rural character that is to be preserved List the Action Items that will help implement the identified conservation policy statements Discuss examples of the development types that would support the rural character preservation goal Map of high priority preservation areas for its various attributes, that is, natural resource, equestrian, agricultural, scenic views, etc. Show the GreenPrint as a component of Green Infrastructure Task Three: GreenPrint Plan Presentation The consultant will be required make a presentation to the Mayor and City Council at a public meeting Timeline Proposed Start Date: July 1, 2014 Review of plans and studies: July 2014 Visit to Milton: Late July 2014 GreenPrint Delivery: September 30, 2014 Exhibit “B” Insurance Certificate EXHIBIT “C” CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13 -10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13 -10-91(b). Contractor hereby attests that its federal work authorization user identific ation number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization Thomas L. Daniels Name of Consultant GreenPrint Plan Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ EXHIBIT “D” SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13 -10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with __________________ on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13 -10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorizatio n program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub -subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub -subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor r eceives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization Name of Subcontractor Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires:__________________ HOME OF ' M x' L ESTAREISHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 11, 2014 FROM: City Manager AGENDA ITEM: Approval of a Construction Services Agreement between the City of Milton and Prime Contractors, Inc. for Renovation Services at Fire Station 43 MEETING DATE: Monday, June 16, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: IQ APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: N YES ONO CITY ATTORNEY REVIEW REQUIRED: 4 YES () NO APPROVAL BY CITY ATTORNEY MAPPROVED () NOTAPPROVED PLACED ON AGENDA FOR REMARKS e611&'/1 Y Va57p, �, ® YOU( PHONE: 678.242.2500 J FAX: 678.242.2499 , Gre@h- _'V i C:emf-d i i6p infofcifyofmiltonga.us � www.cityofmiltonga.us ' Community `h,c,' 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 g�� To: Honorable Mayor and City Council Members From: Carter Lucas, PE Date: Submitted on June 11, 2014 for the June 16, 2014 Regular Council Meeting Agenda Item: Approval of a Construction Services Agreement between the City of Milton and Prime Contractors, Inc. for Renovation Services at Fire Station 43 ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: Currently the CID Division of the Police Department operates out of Fire Station 43. When this division transfers to City Hall the renovation work proposed in this contract will allow fire administrative services and training to move into Station 43 and consolidate those operations. Funding and Fiscal Impact: Funding for this project is available in the General Fund for Fire Station 43 Renovations. Alternatives: There are no alternatives to this project. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 6/5/2014 . Concurrent Review: Chris Lagerbloom, City Manager HQ"E O% ;]LIAI m DF I1FE kt GEflRG1A' LTON ESTASL1S1[ED 2004 CONSTRUCTION SERVICES AGREEMENT FOR Fire Station #43 Renovations This Agreement (the "Agreement") to provide building renovations is made and entered into this_ day of 2014, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton City Council (hereinafter referred to as the "City") and, Prime Contractors, Inc., a Georgia corporation with its principal place of business located at 3406 Florence Circle, Powder Springs, Georgia 30127 (hereinafter referred to as the "Contractor"). WITNESSETH: WHEREAS, O.C.G.A. 36-69A-4 allows cities to participate in cooperative purchasing agreements; and WHEREAS, the ezIQC process offers on-call facility repair and construction services under a statewide contract SWC90818; and WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1 Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: A. This Agreement (18 Pages); B. Exhibit "A" [RESERVED]; C. Bid from Contractor dated March 22, 2014 (14 Pages), attached hereto as Exhibit if B,,, D. Exhibit "C" [RESERVED]; E. Exhibit "D" [RESERVED], F. Contractor Affidavit and Agreement, attached hereto as Exhibit "E"; G. Subcontractor Affidavit, attached hereto as Exhibit "F"; H. Plans and specifications, attached hereto collectively as Exhibit "G", I. Final Affidavit, attached hereto as Exhibit "H", J. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties; and K. City of Milton Code of Ethics. In the event of any discrepancy among the Contract Documents, that provision that inures most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Section 2 Proiect Description The scope of this project generally consists of the remodeling of Fire Station #43 based on the scope of work provided by the contractor in Exhibit B and the drawings provided in Exhibit G. Section 3 The Work The Work is specified and indicated in the Contract Documents (the "Work"). In the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as determined by the City in its sole discretion, shall govern. The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 4 Contract Time This Contract shall take effect on Contractor agrees to complete the Project within 50 calendar days from the date of Notice to Proceed. Every effort will be made by Contractor to shorten this period. 2 Section S Contractor's Compensation; Time and Method of Payment A. The total amount paid under this Agreement shall not, in any case, exceed $72,785.78 except as outlined in Section 6 below. City agrees to pay the Contractor for the work upon certification by the City that the Work was actually performed and costs actually incurred in accordance with the Agreement. This amount shall include all use, lease, or other taxes, and all expenses for personnel and equipment (including fuel) that Contractor will incur to provide the Work. Unless otherwise agreed in writing signed by both Parties, the compensation payable by the City to Contractor is limited to the price amount set forth in the Proposal Submittal Form, and City will not pay any other sum attributable to taxes, costs or expenses that Contractor may incur in providing the Work. B. Compensation for Work performed shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with Q.C.G.A. § 44-14-366. C. As long as the gross value of the completed work is less than 50% of the total contract amount and/or when satisfactory progress has not been achieved by the Contractor during any period for which payment is to be made, the City may retain a percentage of said payment, not to exceed ten percent (101/6) of the maximum Contract Price to ensure performance of the Agreement. Said cause and progress shall be determined by the City, in its sole discretion, based on its assessment of any past performance of the Contractor and likelihood that such performance will continue. Upon completion of all contract requirements, retained amounts shall be paid promptly less any offsets or deductions authorized hereunder or by law. D. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through change orders or construction change directives as described in Section 6 below. All invoices should be submitted to Rick Pearce (Budget and Procurement Coordinator), for approval. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City. No payments will be made for unauthorized work. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand -delivered. E. The City may withhold payment or final payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective 3 work, disputed work, failure to comply with material provisions of the Agreement, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. Section 6 Work Chan es A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor. C. The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $50,000, must be approved by resolution of the Milton City Council. Section 7 Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. C. Expertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City's intention and purpose in entering into this 4 Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor's profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor's profession and industry, Contractor will give written notice immediately to the City. E. City's Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that; therefore, the City bears no responsibility for Contractor's services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor's performance. Contractor further agrees that no approval of designs, plans, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor's professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor's Reliance of Submissions by the City Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor's Representative Branson Washington shall be authorized to act on Contractor's behalf with respect to the Work as Contractor's designated representative. 5 H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. I. Responsibility of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney's fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. 6 J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. The Contractor shall obtain and maintain, at the Contractor's expense, all permits, licenses, or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses, or approvals to the City of Milton Representative within ten (10) days after issuance. Inasmuch as the City of Milton and the Contractor are contractors independent of one another neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Contractor agrees not to represent itself as the City's agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contract enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. K. Insurance (I) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. 7 (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non -owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. (3) Deductibles and Self -Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor's insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. 8 (iv) Coverage shall state that the Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a "pay on behalf' basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) _Workers' Compensation Coverage: The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (iii) Policies shall include an endorsement incorporating the Indemnification obligations assumed by the Contractor under the terms of this Agreement, including but not limited to Section 7(1) of this Agreement. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. (5) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by 9 Contractor's insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims -Made Policies: Contractor shall extend any claims -made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional _Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. L. Employment of Unauthorized Aliens Prohibited E -Verify Affidavits It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City -provided forms, attached hereto as Exhibits "E" and "F" (affidavits regarding compliance with the E -Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor's subcontractors have conducted a verification, under the federal Employment Eligibility Verification ("EEV" or "E -Verify") program, of the social security numbers, or other identifying information now or hereafter accepted by the E -Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. 10 The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit "E", and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal immigration Reform and Control Act of 1986 (IBCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor's compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor's execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit "F", which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13- 10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor's and Contractor's subcontractors' verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor's subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor's subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor's subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor's subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor's failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee -number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.1 500 or more employees. 11 100 or more employees. Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s') indication of the above employee -number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. M. Records Re orts and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. AI I checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. 12 N. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics. O. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. P. Licenses Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. Q. [RESERVED/ R. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. S. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor ("materials") shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. 13 The Contractor assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. T. Meetings The Contractor is required to meet with the City's personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor's option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the contract. Section 8 Covenants of the City A. Right of Entry The City shall provide for right of entry for Contractor and all necessary equipment along the Bethany Bend Road right-of-way, in order for Contractor to complete the Work. B. Ci y s Representative Carter Lucas shall be authorized to act on the City's behalf with respect to the Work as the City's designated representative Section 9 Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Final Completion of the Project at no additional cost to the City. An inspection shall be conducted by the City or its representative(s) near the completion of the one-year general warranty period to identify any issues that must be resolved by the Contractor. Section 10 Termination A. The City may terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor 14 shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third -parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor's failure to perform in accordance with this Agreement, the City shall pay Contractor for work performed to date in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. B. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project and deduct the cost of completion from the unpaid Contract Price. The City wi II make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this agreement, exceeds the cost of finishing the Project, the Contractor or its Surety will receive the applicable funds due. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of this Section (A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11 Miscellaneous A. Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. B. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 15 D. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. E. Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or upon actual delivery when sent via national overnight commercial carrier to the parties at the addresses given below, unless a substitute address shall first be furnished to the other parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Attn: City Manager 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Prime Contractors, Inc., 3406 Florence Circle, Powder Springs, Georgia 30127 F. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City's sovereign immunity or any individual's qualified good faith or official immunities. G. Force Majeure. Neither the City nor Contractor shall be liable for their respective non -negligent or non -willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, 16 embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. I. Nondiscrimination. In accordance with Title Vi of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1475, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1440, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section I in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON FOLLOWING PAGE] 17 SIGNED. SEALED, AND DELIVERED In the presence of Wi ss ( o rate ecretary should attest) Nancy Dunn Print Name. A691M f] Notary Public [NOTARY SEAL] My Commission Expires: ,loO-.t?1s- SIGNED, SEALED, AND DELIVERED In the presence of: Witness Notary Public [NOTARY SEAL] My Commission Expires: Pri�etns,n Signatur Jame Dunn Print Name President Title [AFFIX CORPORATE SEAL] �++'P�p Fi E/y-C*s� g •. �P ,60TARh j, Rd's: EXPIRES 2 GEORGIA DEC. 1, 2o15 f�:U�NG CO -10`++`+ MILTON CITY COUNCIL: Joe Lockwood, Mayor is [CITY SEAL] EXHIBIT "A" [RESERVED] 9 m HOME OF �. a VVI L 1. ON' ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 12, 2014 FROM: City Manaqer AGENDA ITEM: Approval of a Contract with Payroll Strategies, LLC to Provide Payroll, HRIS and Time and Attendance to the City. MEETING DATE: Monday, June 16, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: O APPROVED CITY ATTORNEY APPROVAL REQUIRED: 0 YES CITY ATTORNEY REVIEW REQUIRED: BYES APPROVAL BY CITY ATTORNEYAPPROVErD PLACED ON AGENDA FOR: D(,/ 1("11 L T REMARKS O NOT APPROVED () NO () NO () NOT APPROVED ® *youm - *** PHONE: 678.242.25001 FAX: 678.242.2499 "Green t -V info@cityofmlltonga.us I www.cityofmiNonga.us ' cty t COmmil�nity rthc- 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 :mac To: Honorable Mayor and City Council Members From: Sam Trager, Director of Human Resources Date: Submitted on June 11, 2014 for the June 16, 2014 Regular Council Meeting Agenda Item: Approval of a Contract with Payroll Strategies, LLC to Provide Payroll, HRIS and Time and Attendance to the City. ____________________________________________________________________________ Department Recommendation: Approve the attached contract with Payroll Strategies to provide services to the City. Executive Summary: A request for proposals was issued for these services in accordance with the city’s standard purchasing policy. The Human Resources Department reviewed the submittals for both qualifications and price and is recommending approval of the Professional Services Agreement with Payroll Strategies in the approximate annual amount of $28,640 plus $3,150 for the initial setup. The Human Resources Department received five responses; carefully analyzed the RFP’s, reviewed three of the systems and determined that Payroll Strategies would provide the best services to the City. Funding and Fiscal Impact: Accepting the contract with Payroll Strategies would save the City approximately $7,300 the first year and about $10,000 in subsequent years. Alternatives: Continue with our current provider ADP. Legal Review: Ken Jarrard – Jarrard & Davis (June 11, 2014) Concurrent Review: Stacey Inglis, Assistant City Manager Attachment(s): Agreement and Pricing Form 8655 Reporting Agent Authorization (Rev. May 2005) Department of the Treasury Internal Revenue Service Taxpayer OMB No. 1545-1058 1a Name of taxpayer (as distinguished from trade name) 2 Employer identification number (EIN) The City of Milton, Georgia 1b Trade name, if any 51-0608862 4 If you are a seasonal employer, check here 3 Address (number, street, and room or suite no.) 13000 Deerfield Pkwy, Suite 107 City or town, state, and ZIP code 5 Other identification number 6 Milton GA 30004 Contact person Bernadette Harvill 7 Daytime telephone number 678-242-2500 8 Fax number 678-242-2499 Reporting Agent 9 Name (enter company name or name of business) Payroll Strategies, LLC 11 Address (number, street, and room or suite no.) 3500 Piedmont Road, Suite 500 City or town, state, and ZIP code Atlanta, GA 30305 10 Employer identification number (EIN) 56 2327695 12 Contact person Vickie Benson 13 Daytime telephone number ( 404 ) 262-8325 14 Fax number ( 404 ) 237-8325 Authorization of Reporting Agent To Sign and File Returns 15 Use the entry lines below to indicate the tax return(s) to be filed by the reporting agent. Enter the beginning year of annual tax returns or beginning quarter of quarterly tax returns. See the instructions for how to enter the quarter and year. Once this authority is granted, it is effective until revoked by the taxpayer or reporting agent. 940 943-PR 01/14 941 944 01/14 01/14 940-PR 944-PR 941-PR 945 941-SS 1042 943 CT-1 Authorization of Reporting Agent To Make Deposits and Payments 16 Use the entry lines below to enter the starting date (the first month and year) of any tax return(s) for which the reporting agent is authorized to make deposits or payments. See the instructions for how to enter the month and year. Once this authority is granted, it is effective until revoked by the taxpayer or reporting agent. 940 1042 01/14 941 1120 01/14 943 CT-1 944 990-C 01/14 945 990-PF 720 990-T 1041 Disclosure of Information to Reporting Agents 17a Check here to authorize the reporting agent to receive or request copies of tax information and other communications from the IRS related to the authorization granted on line 15 and/or line 16 b Check here if the reporting agent also wants to receive copies of notices from the IRS Form W-2 series or Form 1099 series Disclosure Authorization 18a b The reporting agent is authorized to receive otherwise confidential taxpayer information from the IRS to assist in responding to certain IRS notices relating to the Form W-2 series information returns. This authority is effective for calendar year forms beginning . 1/14 The reporting agent is authorized to receive otherwise confidential taxpayer information from the IRS to assist in responding to certain IRS notices relating to the Form 1099 series information returns. This authority is effective for calendar year forms beginning 1/14 State or Local Authorization 19 Check here to authorize the reporting agent to sign and file state or local returns related to the authorization granted on line 15 and/or line 16 Authorization Agreement I understand that this agreement does not relieve me, as the taxpayer, of the responsibility to ensure that all tax returns are filed and that all deposits and payments are made. If line 15 is completed, the reporting agent named above is authorized to sign and file the return indicated, beginning with the quarter or year indicated. If any starting dates on line 16 are completed, the reporting agent named above is authorized to make deposits and payments beginning with the period indicated. Any authorization granted remains in effect until it is revoked by the taxpayer or reporting agent. I am authorizing the IRS to disclose otherwise confidential tax information to the reporting agent relating to the authority granted on line 15 and/or line 16, including disclosures required to process Form 8655. Disclosure authority is effective upon signature of taxpayer and IRS receipt of Form 8655. The authority granted on Form 8655 will not revoke any Power of Attorney (Form 2848) or Tax Information Authorization (Form 8821) in effect. I certify I have the authority to execute this form and authorize disclosure of otherwise confidential information on behalf of the taxpayer. Sign Here Signature of taxpayer For Privacy Act and Paperwork Reduction Act Notice, see page 2. . 10241T Date Title Form 8655 (Rev. 5-2005) X X X MayorJune 16, 2014 Form 8821 (Rev. October 2012) Department of the Treasury Internal Revenue Service Tax Information Authorization ▶Information about Form 8821 and its instructions is at www.irs.gov/form8821. ▶ Do not sign this form unless all applicable lines have been completed. ▶ To request a copy or transcript of your tax return, use Form 4506, 4506 -T, or 4506T-EZ. OMB No. 1545-1165 For IRS Use Only Received by: Name Telephone Function Date Taxpayer name and address (type or print) Taxpayer identification number(s) Daytime telephone number Plan number (if applicable) 2 Appointee. If you wish to name more than one appointee, attach a list to this form. Name and address CAF No. PTIN Telephone No. Fax No. Check if new: Address Telephone No. Fax No. 3 Tax matters. The appointee is authorized to inspect and/or receive confidential tax information for the tax matters listed on this line. Do not use Form 8821 to request copies of tax returns. (a) Type of Tax (Income, Employment, Payroll, Excise, Estate, Gift, Civil Penalty, etc.) (see instructions) (b) (c) Tax Form Number Year(s) or Period(s) (1040, 941, 720, etc.) (see the instructions for line 3) (d) Specific Tax Matters (see instr.) 4 Specific use not recorded on Centralized Authorization File (CAF). If the tax information authorization is for a specific use not recorded on CAF, check this box. See the instructions. If you check this box, skip lines 5 and 6 ▶ 5 Disclosure of tax information (you must check a box on line 5a or 5b unless the box on line 4 is checked): a If you want copies of tax information, notices, and other written communications sent to the appointee on an ongoing basis, check this box ▶ Note. Appointees will no longer receive forms, publications and other related materials with the notices. b If you do not want any copies of notices or communications sent to your appointee, check this box ▶ 6 Retention/revocation of tax information authorizations. This tax information authorization automatically revokes all prior authorizations for the same tax matters you listed on line 3 above unless you checked the box on line 4. If you do not want to revoke a prior tax information authorization, you must attach a copy of any authorizations you want to remain in effect and check this box ▶ To revoke this tax information authorization, see the instructions. 7 Signature of taxpayer. If signed by a corporate officer, partner, guardian, executor, receiver, administrator, trustee, or party other than the taxpayer, I certify that I have the authority to execute this form with respect to the tax matters and t ax periods shown on line 3 above. ▶IF NOT SIGNED AND DATED, THIS TAX INFORMATION AUTH ORIZATION WILL BE RETURNED. ▶ DO NOT SIGN THIS FORM IF IT IS BLANK OR INCOMPLETE. Signature Date Print Name Title (if applicable) PIN number for electronic signature For Privacy Act and Paperwork Reduction Act Notice, see instructions. Cat. No. 11596P 1 Taxpayer information. Taxpayer must sign and date this form on line 7. The City of Milton 13000 Deerfield Pkwy, Suite 107 Milton GA 30004 51-0608862 678-242-2500 Payroll Strategies, LLC 3500 Piedmont Road #500 Atlanta, GA 30305 03-0088148R 404-262-8325 404-237-8325 Employment 941 2013-2016 Payroll Taxes Employment 940 2013-2016 Payroll Taxes Employment 944 2013-2016 Payroll Taxes X X Joe Lockwood Mayor 06/16/2014 ACH ORIGINATION AGREEMENT page 1 of 3 1)Scope of Services: The City of Milton (“Company”) wishes to initiate Debit and Credit entries by means of the Automated Clearing House Network in the form of payroll transactions pursuant to the terms of this agreement. Company and PAYROLL STRATEGIES, LLC (“PSLLC”) shall comply with and be subject to the Operating Rules of NACHA governing electronic funds transfer as well as all applicable US and state laws, as such rules shall be in effect among participating banks and the FEDERAL RESERVE BANK. PSLLC will use the NACHA system to transfer funds between the COMPANY and PSLLC and Company’s employees via Affinity Bank, the Originating Depository Financial Institution (ODFI). PSLLC has the authorization to audit Company for compliance with NACHA rules. 2) File Limits: The total dollar amount of entries transmitted by Company to PSLLC on any day or in any payroll transaction may not exceed the amount specified as Company’s maximum limit of TBD . If the dollar amount does exceed this limit, management of PSLLC will receive a warning generated by payroll processing software. At the time this warning received, PSLLC may require wiring of funds for excessive amounts or may refuse to process the payroll transaction entirely. 3)International ACH Transactions:Company agrees not to transmit any International ACH Transactions (IATs). If PSLLC suspects Company of transmitting any IAT, PSLLC is required by its ODFI to review additional information, including comparisons to the OFAC Specially Designated Nationals (SDN) list. If any transaction is suspected of being in violation of US law, PSLLC has the authority to freeze the transaction and not process any payroll related to the suspect transaction or any future payroll or transactions. Company acknowledges that if it transmits any entry or file which includes an IAT, the Company is subject to US laws, including sanctions imposed by the OFAC 4)Limit of Liability: Company hereby agrees to indemnify and hold each participating bank, NACHA and PSLLC harmless from any claim incident to the operation of this agreement arising from any act or omission of Company, it's employees or any independent contractor providing services directly to Company, including without limitation, any claim based on alleged loss as a result of non- credit of any deposit, and any claim which may be made by a depositor as a result of the rejection of any of his/her debits because of insufficient funds arising from the failure to credit deposits to his/her account as allowed by law. 5)Authorizations for Transactions and Data Retention: Company represents and warrants to PSLLC that each person shown as the receiver or any entry received by PSLLC from the Company has been authorized. The Company agrees to adhere to the NACHA Operating Rules which require them to obtain and retain authorizations for originated transactions (ie direct deposit for employees). These authorizations must be available within five days of any request for such and retained for a minimum of two years. 6)Processing Schedule: PSLLC requires that the total amount for each payroll (debits and credits) be completed/authorized into PSLLC’s designated accounts at least 2 days prior to the payroll check date (“effective date”). The credit amount received by PSLLC shall include amounts for taxes escrowed, direct deposit payments and payroll processing fees for services. If the transactions are not completed/authorized within the required timeframe, PSLLC cannot guarantee the transactions will be accepted by ACH processors or be received/posted on the effective date by the recipient’s financial institution. Payroll processing cutoff times are by noon 3 days prior to the effective date. This allows PSLLC the appropriate time within which to transmit all entries with its ODFI so as to receive required funds within its 2 day timeframe. 7) Notifications of Change: PSLLC’s ODFI shall notify PSLLC of notifications of change (“NOCs”) via email no late r than two business days after receipt thereof. At that time, Company agrees to review NOC and obtain corrected authorization documentation and take the appropriate corrective action. If Company does not provide PSLLC with corrected information, PSLL C will have no obligations or liabilities associated with applicable initiated transactions. 8) Banking History Verification: The City of Milton will be utilizing our direct debit process to provide funds for tax payments, direct deposit to their employees, and payment of services rendered. The ODFI requires verification of banking history of any clients for whom we make payment of these obligations for risk assessment. Company’s signature below authorizes PSLLC to verify banking history for the account provided by Company, including open date of account, average balance and number of NSF’s. This information will be used only for internal purposes of determining risk and will be maintained in strictest confidence. 9)Security Policy and Procedures: Company agrees to maintain an adequate internal security policy which includes data encryption requirements for stored or transmitted banking information to safeguard against unauthorized transmissions. Company warrants that no individual will be allowed to initiate transfers in the absence of proper safeguards, and agrees to take reasonable steps to maintain the confidentiality of the security procedures and any logins, passwords etc provided by PSLLC for access rights granted to initiate payroll transactions and ACH transactions.Company also agrees to maintain proper separation of duties and duty rotation for personnel in charge of confidential banking information. PSLLC will communicate any banking information to COMPANY via an encrypted pdf file. If COMPANY does not adhere to the same procedures, it releases PSLLC of any liability associated with unauthorized use or fraudulent activity within the system. Company designates Bernadette Harvill as its authorized contact(s). Only requests from authorized persons will be acted upon. To change or add an authorized person, the proper forms must be completed and communicated to PS LLC. ACH ORIGINATION AGREEMENT page 2 of 3 10)Reversal Transactions: If Company initiates or requests PSLLC to initiate a reversal transaction (ie direct deposit void or voids of entire payroll transactions), Company agrees to abide by PSLLC’s reversal policy. This policy maintains that as long as the direct deposit effective date is in the future, the transaction will be a normal reversal against the employee’s bank accoun t with the offsetting credit reverting back to Company’s account. If the direct deposit effective date is in the past, PSLLC will prepare a manual (non originating) void transaction, Finance Manager will be notified, a manual ACH to pull funds from the employee’s account will be initiated with the offsetting credit reverting into PSLLC’s account. If the funds have not been rejected in two weeks, they will be returned to the Company account via another manual ACH initiated by the Finance Manager. 11) Returns Policy: Company agrees that should any initiated entry be returned due to non sufficient funds (NSF) that PSLLC has the right to demand wiring of funds immediately to recover any NSFs received. Until such funds are collected and verified, PSLLC has the authority to refrain from using any Company funds on had to pay any outstanding tax liabilities. These liabilities will remain unpaid until all escrow balances are restored. PSLLC will also charge Company $40 for each item which is returned due to NSF. 12) Loss Recovery Cooperation: In the event of any damages for which PSLLC or Company may be liable to each other or to a third party pursuant to the services provided under this Agreement, Financial Institution and Company will undertake reasonable efforts to cooperate with each other, as permitted by applicable law, in performing loss recovery efforts and in connection with any actions that the relevant party may be obligated to defend or elects to pursue against a third party. 13) Inconsistency of Name and Account Number: Company acknowledges and agrees that if an entry initiated by Company describes the receiver inconsistently by name and account number, payment of the entry transmitted by PSLLC to the ODFI may be made on the basis of the account number supplied by the Company, even if it identifies a person different from the named receiver, and that Company’s obligation to pay the amount of the entry to PSLLC is not excused in such circumstances. 14) Account Reconciliation: Entries transmitted by Company or credited to a receiver’s account will be reflected on Company’s automatically generated reports associated with each processed payroll. Company agrees to review these reports upon receipt and notify PSLLC of any discrepancy between Company’s records and the information shown on reports generated by PSLL C. If Company fails to notify PSLLC prior to the effective date of each originated transaction being credited to a receiver’s accou nt, Company agrees that PSLLC shall not be liable for any losses resulting from Company’s failure to give such notice. Even if notification is made prior to the effective date, if receiver’s account is insufficient for a reversing entry, PSLLC shall no t be held liable. 15) Termination of Services:Company hereby agrees that if sufficient funds are not available, PSLLC may terminate Company from Trust account services effective immediately. By signing below, the owner or corporate officer agrees that should any funds be rejected due to insufficiency by the company, thereby creating a negative balance in company’s escrow account for either direct deposit or tax funds, the owner/officer shall jointly/severally personally guarantee unconditionally to PSLLC the payment of the negative balance in any escrow account maintained on behalf of the company. Company also gives PSLLC the authority to utilize any tax funds, including those already deposited on their behalf to restore any and all negative escrow balances resulting from non sufficient funds. This includes and is not limited to direct deposit funds, trust funds, tax funds and billing impounds. Company may also terminate this agreement at any time given that there is not negative balance in any escrow account related to any payroll transaction. PSLLC may terminate this agreement for other reasons provided Company is given thirty days notice. 16)Title VI. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, PSLLC agrees that, during performance of this Agreement, PSLLC, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, PSLLC agrees to comply with all applicable implementing regulations and shall include the provisions of this Paragraph 16 in every subcontract for services contemplated under this Agreement. ACH ORIGINATION AGREEMENT page 3 of 3 The City of Milton, Georgia PAYROLL STRATEGIES, LLC (Company Name) By Joe Lockwood By: Mary B. Leverodge (Print Name) (Print Name) Title: Mayor T Title: Managing Member (Officer of COMPANY) Signature____________________________ Signature Date _______________________ Date _______________________ Please Provide a Copy of a Voided Check from your Payroll Account 06/16/2014 Tax Agent Agreement Payroll Strategies, LLC EIN 56-2327695 and the undersigned (client) agree to the following: 1.Client delegates authority to Payroll Strategies, LLC to file appropriate payroll tax returns and issue tax deposits on the client’s behalf. This authority includes, as applicable, state and local withholding, state unemployment, 941, 940, and 945 taxes. Payroll Strategies agrees to file these returns with the appropriate taxing authority in a timely manner. 2.Payroll Strategies, LLC, will assume responsibility for late payments to the degree that the error was caused by Payroll Strategies. Responsibility for penalties will only be accepted for those incurred in the quarter or portion of the quarter when Payroll Strategies begins its function as tax agent. The responsibility will end when Payroll Strategies ends its function as tax agent. It is also understood that errors or faulty returns may be caused by inaccurate information provided to Payroll Strategies by the client, the client’s staff, accountants or other involved parties. If such is the case, Payroll Strategies may be willing to help rectify the situation, but will not be responsible for any resultant penalty or interest charges. 3.As required by the federal government, Payroll Strategies will utilize the Electronic Federal Tax Payment System (EFTPS) to deposit the client’s employment taxes. It is the client’s sole responsibility to notify Payroll Strategies as to whether they are required by law to utilize this payment procedure. If the client is required to file taxes through the EFTPS system and is not registered, and Payroll Strategies must resort to the FEDWIRE option to pay client’s taxes, then these additional costs will be transferred to the client. If client requests that Payroll Strategies file non-payroll related taxes through the EFTPS system on its behalf, that option will be covered by a separate contract. 4.Client shall comply with and be subject to the operating rules of NEACH/NACHA and the originating bank, governing electronic funds transfer, as such rules shall be in effect among participating banks and the Federal Reserve Bank. Payroll Strategies will utilize the NEACH/NACHA system to transfer funds between the Client and Payroll Strategies. 5. Payroll Strategies will withdraw the aggregate total of payroll taxes from Client’s bank account at least one day prior to the client’s pay date. These funds will be held in escrow until such taxes are due by state, local and federal regulations. Should funds be inadequate or should a bank reversal occur due to insufficient client funds, Payroll Strategies’ liability for late payment will be instantly abrogated and at its option this agreement will be null and void. Further, Payroll Strategies at its option may withhold payment of taxes due until the funds are made available. Any return of tax impounds or other funds held in escrow on the Client’s behalf will result in Payroll Strategies submitting a manual ACH to attempt to recover those funds from the client. Payroll Strategies will postpone the payment of any Client tax liabilities until one week after the effective date of the manual ACH to ensure that the funds were available at the time of submission of the manual ACH. Payroll Strategies also has the authority to use any tax funds held or already deposited on client’s behalf to restore any ne gative escrow balance due to non sufficient funds, including direct deposit funds. 6.If tax service is terminated Payroll Strategies reserves the right to deduct company’s outstanding fees or any amounts due from escrow tax funds or taxes paid on client’s behalf before said monies are returned to company. Effective Agreement Date: June 16, 2014 Company #: xxxxxx Company Name: The City of Milton, Georgia__ Authorized Signature: Date: Payroll Strategies: Date: __5/28/2014___ 06/16/2014 Limited Power of Attorney and Tax Information Authorization for State Filings: Taxpayer Name: The City of Milton, Georgia Federal ID#: 51-0608862 State Withholding #: GA 2328517- CX State Unemployment #: GA XXXXXXXX-00 Payroll Strategies, LLC is hereby appointed as attorney in fact with authority to receive, sign and file state tax returns and make state tax deposits. The attorney in fact shall also be authorized as a designee of the taxpayer to receive copies of notices, correspondence and transcripts with respect to state tax returns filed by the designee. This authorization shall include the appropriate state forms beginning with the tax period indicated and remain in effect through subsequent tax periods until notified by the taxpayer, or the designee of termination or revocation of the authorization. This authorization revokes all earlier tax filing powers of attorney authorizations on file with the respective taxing authorities, with respect to the same tax matters and ta x periods covered hereby. Beginning Tax Period: Jul-14 (Tax Qtr / Year) Designee Address: Payroll Strategies, LLC 3500 Piedmont Road #500 Atlanta, GA 30305 Signed: _____________________________________________ (Authorized Officer) Officer Name and Title: Joe Lockwood Mayor Date: 06/16/2014 EFT-002 (Rev 8/12) 1202001916 GEORGIA EFT ACH-CREDIT Taxpayer Registration/Authorization Form 1.Taxpayer Name: The City of Milton, Georgia Client ID ______________ 2.Address: 13000 Deerfield Pkwy, Suite 107 City: Milton GA 30004 4. Type of Tax Payment (Check one per Request): [ ] WH [ ] Non-Res WH [ ] ST [ ] Corp [ ] 911 Wireless 5. Taxpayer’s Contact Person: Bernadette Harvill Phone: 678-242-2510 Ext: ______________ Title: ____________________ Fax: ________________ e-Mail(required):_bernadette.harvill@cityofmiltonga.us___________________________________ 6.3 rd Party Contact For GA Returns & Payments: Vickie Benson Phone: 404-262-8325 Ext: 1796 Fax: 404-467-1296 e-Mail(required): Vickie.Benson@payrollstrategies.com 7. I/We attest that to the best of my/our knowledge the above information is correct and I/we are set up to use the credit method of electronically transferring tax payments. Signature _____________________ Title: ________________________ Date: ________________ (Taxpayer) Signature _____________________ Title: Principal Coordinator Date: ________________ (3rd Party Vendor) Please scan and return by e-Mail to DOR.ElectronicFundsTransfer@dor.ga.gov or Fax to (404) 417-4317 Georgia Department of Revenue Taxpayer Services Division 3.State Taxpayer ID#’s (Required): STI _____9999999-XX__________ FEIN: 51-0608862 X Department of Labor LIMITED POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: THAT, __The City of Milton, Georgia________________, GA DOL Account No. _XXXXXXXX-00 having its principal office at ______13000 Deerfield Pkwy, Suite 107 ____________hereby appoints Payroll Strategies, LLC as its true and lawful agent with authority to represent the said business before the GA Department of Labor until further notice in connection with all matters affecting State Unemployment Insurance Taxes including with limitation, contributions, experience ratings and excluding claims. This Power of Attorney supersedes and revokes any prior power of attorney authorization from the undersigned relating to subject matter hereof. The legal mailing address of the undersigned shall remain the same. The undersigned will continue to receive all correspondence pertaining to contributions, claims and experience ratings. IN WITNESS WHEREOF, the undersigned has duly executed and delivered this Power of Attorney this ___________ day of _____________________, 20____, The City of Milton, Georgia Employer’s Name By: ________________________________ Signature _Joe Lockwood___________________________ Print or Type Name _ Mayor_____________ Title LASER CHECK SIGNATURE FORM IF YOU WOULD LIKE US TO PRINT SIGNATURES ON CHECKS CLIENT CO# xxxxxx CLIENT NAME ___The City of Milton, Georgia________ PLEASE SIGN WITHIN THE BOUNDARIES OF THE APPROPRIATE BOXES MAKING SURE THAT ALL 3 ARE COMPLETED. WITH DOUBLE SIGNATURES, PLEASE MAKE SURE THAT BOTH AUTHORIZED INDIVIDUALS SIGN 3 BOXES EACH. TO BE SURE OF A CLEAR SIGNATURE, PLEASE SIGN AS NEATLY AS POSSIBLE. PLEASE RETURN THE ORIGINAL COPY. USE FELT TIP BLACK INK ONLY!! Single Signature authorization – sign 3 times Double signature authorization – each owner sign 3 times Single Signature Double Signature Department of Revenue POWER OF ATTORNEY STATE OF Georgia COUNTY OF FULTON Know all persons by these presents that TAXPAYER'S NAME REGISTRATION OR IDENTIFICATION NO. The City of Milton 9999999-XX ADDRESS PHONE NUMBER 13000 Deerfield Pkwy, Suite 107 678-242-2500 Milton GA 30004 Hereby appoint(s) REPRESENTATIVE'S NAME Payroll Strategies, LLC Vickie Benson Mary B. Leveridge, CPA ADDRESS PHONE NUMBER 3500 Piedmont Road #500 404-233-5486 Atlanta, GA 30305 As attorney(s)-in-fact to represent the taxpayer(s) before the Georgia Department of Revenue for the following tax matters [Specify the type(s) of tax and year(s) or period(s) (date of death if estate tax)]: Withholding Tax Jul-14 to 12/31/2014 The attorney(s) -in-fact (or either of them) are authorized, subject to revocation, to receive confidential Information and to perform on behalf of the taxpayer(s) the following acts for the above tax matters [Strike through any of the following which are not granted]: To receive, but not to endorse and collect, checks in payment of any refund of tax, penalty or interest. To execute waivers (and related documents) of restrictions on assessment or collection of tax deficiencies and waivers of any other rights of taxpayer(s). To execute consents extending the statutory period for assessment, collection or refund of taxes. To receive all notices pertaining to these tax matters. To represent taxpayer(s) in conferences and hearings, to file appeals from notices of assessment, and to execute claims for refund. To receive confidential information pertaining to these tax matters. To delegate authority or to substitute another representative. RD-1061 To do all the lawful acts and things whatsoever concerning these tax matters in every respect as taxpayer(s) could do were taxpayer(s) personally present at the doing thereof. Other acts [Specify]: This power of attorney revokes all earlier powers of attorney and tax information authorizations on file with the Georgia Department of Revenue for the same matters and years or periods covered herein, except the following [Specify to whom granted, date, and address including zip code or refer to attached copies of earlier powers and authorizations]: In witness whereof I have hereunto set my hand and seal 06/16/2014 If signed by a corporate officer, partner, or fiduciary on behalf of taxpayer(s), I certify that I have the authority to execute this power of attorney on behalf of taxpayer(s). SIGNATURE OF OR FOR TAXPAYER(S) TITLE (IF APPLICABLE) DATE _________________________________________________________ President 06/16/2014 If the power of attorney is granted to an attorney, certified public accountant, enrolled agent, or registered public accountant the following declaration must be completed: I am a member in good standing of the Bar of jurisdiction indicated below; I am duly qualified to practice as a certified public accountant in the jurisdiction indicated below; I am enrolled as an agent under the requirements of Treasury Department circular no. 230; or I am a registered public accountant. DESIGNATION STATE LICENSE OR SIGNATURE DATE (Attorney, CPA, E.A. or WHERE CAF NUMBER Registered Public Accountant) LICENSED CPA GA 015479 5/28/2014 If the power of attorney is granted to a person other than an attorney, CPA, enrolled agent, or registered public accountant it must be witnessed or notarized below. The person(s) signing as or for the taxpayer(s) [Check and complete one]: [ ] is/are known to and signed in the presence of the two disinterested witnesses whose signatures appear here: SIGNATURE OF WITNESS DATE SIGNATURE OF WITNESS DATE [ ] appeared this day before a notary public and acknowledged this power of attorney as a voluntary act and deed. June 5, 2014 The City of Milton 13000 Deerfield Pkwy, Suite 107 Milton GA 30004 Dear Sam Trager: This letter is to confirm our understanding of the terms and objectives of our relationship and the nature and limitations of the services to be provided by Payroll Strategies, LLC to The City of Milton (hereafter referred to as Client). We will provide the following services: Payroll Strategies Responsibilities: Process payroll on a schedule based on the information you supply. Prepare all tax deposit forms and associated checks. This includes both the federal tax deposits and state tax deposits. Prepare all miscellaneous checks, which you request, such as child support and garnishments etc. for which you supply the essential information and documentation. Prepare all quarterly, annual payroll tax reports, W-2’s and magnetic media. Prepare quarterly FUTA and SUTA checks. Prepare new hire report required by the State at your request and for an agreed upon fee. Respond to all payroll related correspondence at your request. No human resource consulting will be provided. We are a processing agent and it is not our obligation to question hours submitted, their validity or calculation of pay rates. We will process payroll as stated in our agreement based upon provided information related to pay categories, pay rates, salary amounts and exempt status of employees. No tax advice will be provided. We are information processors and function as a conduit for transmitting payroll information to applicable governmental agencies on your behalf. Should you request us to prepare a backdated payroll and it be approved for processing by finance, any penalties associated with late tax payments will be your responsibility. We will work directly with the client to provide quick response to all questions and issues related to our payroll, time and labor and HRIS system. We recognize the importance of accurate information and access to this information We agree not to discuss, share, sell or in any other way disseminate information related to client or employee information. Information provided to us by the client will be used exclusively for the purpose of processing client’s payroll and preparation of their payroll related tax returns. Our fees for these services fluctuate based on the number of payroll and miscellaneous checks issued by your company, and will be based on pricing included in Exhibit A which is taken directly from the proposal provided to you. If we find it necessary to modify your pricing, you will be notified 30 days in advance. Our invoices for these fees will be rendered as each payroll is processed and will be debited from your assigned bank account. If you request customized services for which additional time is necessary we will discuss it with you and arrive at a fee estimate before we incur the additional costs. We will debit from your account the amount required to cover taxes due, direct deposits to your employees, and any other amount that is necessary to fully carry out the terms of our agreement. Additional payrolls will not be processed nor will any taxes be paid if any funds impounded are returned as noncollectible for whatever reason. Work will be resumed and taxes paid when your escrow account is restored to an adequate balance to cover any obligations we have related to you or your employees as well as our billing impound. The setup and monthly fee includes training of initial personnel on our software will occur over the first three months. Pursuant to the first three months, you will be allowed a reasonable amount of training and unlimited support. If training requests become significant after the first three months, additional training may be billed at $150 per hour. If this occurs, you will be consulted a month in advance of when billing will begin. Client Responsibilities: Client should furnish us information in a timely manner and promptly notify us of any tax advice you receive from an accountant or CPA serving on your behalf as tax laws and regulations change rapidly and any tax advice has limited time value. Client shall also forward to us any payroll related correspondence received from a taxing agency immediately upon receipt so that we many respond in a timely manner. Failure to do so may revoke our obligation for any related penalties. Client has the right to terminate the services of Payroll Strategies, LLC at any time after signing this Engagement Letter and prior to the start date. Should client decide not to proceed with the agreed upon start date after employee data has been collected for implementation, client will still be responsible for any setup fees included in the proposal. Client will deliver payroll information or will enter payroll information into the system if Client is a remote user, at least 4 days prior to check date. If client does not do so, client understands that Payroll Strategies, LLC will do its best to ensure prompt processing of payroll information and ACH file transmittal given our banking time limitations. However unforeseen circumstances could arise causing a delay in check/direct deposit delivery if the 4 day submission minimum is not met. Client will supply Payroll Strategies, LLC with all applicable employee information and all applicable prior payroll information. Client agrees to inform Payroll Strategies, LLC of the exact residence of all employees in order for Payroll Strategies, LLC to be able to identify all applicable federal, state and local taxes that need to be withheld. If Client does not supply adequate information concerning employee residence and worksite, Payroll Strategies, LLC will not be responsible for delinquent taxes. If Payroll Strategies is preparing a General Ledger Report for client, client has responsibility to review report for accuracy. If there are errors related to Job Costing, Payroll Strategies does not assume responsibility for these as we have no way to review report at client’s site. Client agrees to review payroll for accuracy after processing and inform Payroll Strategies LLC of any necessary changes and/or errors. Client will notify us as to who their primary contact will be. Due to our high volume of activity as well as standard industry practices, Payroll Strategies does not assume the responsibility of verifying any information supplied to them by the Client's primary contact Bernadette Harvill. It is the sole responsibility of the Client to review payroll information, including new employees, pay rates, etc. which will be printed and delivered to Client after each payroll is processed within enough time to make corrections as requested by client. The minimum “4 days prior to check date” transmittal time should be sufficient for Client to determine any errors and notify us in time to stop any incorrect direct deposits from transmitting, so Payroll Strategies, LLC If Payroll Strategies is preparing or submitting 401K files on behalf of client, client has the responsibility to review 401K report prepared by our software for accuracy, and then confirm amounts being paid to 401K provider match those amounts. Due to changes in company setup, deduction codes, etc. it is possible that the file sent may have errors. We do not assume responsibility for confirming cash amount debited from your account matches those which have been recorded in our software. TERM: The Services shall be deemed to start on the earlier of: a) ninety (90) days from Customer’s acceptance of the relevant Proposal; or, b) the date Customer is authorized to “go live” with the Services for production purposes, (the “Start Date”), and shall continue indefinitely on a month-to-month basis until terminated in accordance with the provisions herein. Customer may terminate the Services or the Agreement for convenience upon thirty (30) days prior written notice, and Payroll Strategies may terminate the Services or the Agreement for convenience upon ninety (90) days prior written notice, at any time during the Term. Either party may suspend or terminate the Services or the Agreement upon a material breach of the Agreement by the other party if such breach is not cured within fifteen (15) days after receipt of written notice. FEES AND PAYMENT: In consideration of the delivery of the Services, Customer shall pay Payroll Strategies the Setup Fees, the Monthly Service Fees and any additional one time, set-up or recurring fees, all as defined on the Proposal. All fees payable for the Services shall be debited from your company bank account by the 10th of each month for the previous month usage if you are subscribing to timekeeping or HR services, and not payroll services. If subscribing to payroll services, all fees will be debited with payroll impounds. Guidelines related to our ACH Debit process: Client will comply with and be subject to the Operating Rules of NACHA governing electronic funds transfer. Payroll Strategies also complies with these rules. If subscribing to only timekeeping and HR services, Payroll Strategies, LLC requires that the total debit amount for each prior monthly usage be available in the Client’s designated account by the 10th of each month. An invoice will be emailed to the primary contact on the 5th of each month with the total amount due Client agrees that if sufficient funds are not available on the designated date, Payroll Services will charge a reasonable fee (currently $40) in addition to the usage fee. Payroll Strategies has the right to terminate services if funds are not available in the time frame defined above. See ACH Origination Agreement for rules related to fund availability rules as they relate to payroll processing services. The Setup Fees shall be due upon execution of the Agreement and shall be debited 30 days following start date. Monthly Service fees shall be based on monthly periods that begin on the Start Date. Disputes arising under this agreement (including the scope, nature and quality of services to be performed by us, our fees and other terms of the engagement) shall be submitted to mediation. A competent and impartial third-party, acceptable to both parties, shall be appointed to mediate, and each disputing party shall pay an equal percentage of the mediator's fees and expenses. No suit or arbitration proceedings shall be commenced under this agreement until at least 60 days after the mediator's first meeting with the involved parties. If the dispute requires litigation, the court shall be authorized to impose all defense costs against any nonprevailing party found not to have participated in the mediation process in good faith. We believe the foregoing correctly sets forth our understanding. Please acknowledge your agreement to the understanding by signing and returning to us the copy enclosed. Sincerely, PAYROLL STRATEGIES, LLC READ AND ACCEPTED: By: ____________________________________________________________________________________ Title: __________________________________________________________________________________ Date: __________________________________________________________________________________ “Exhibit A” Pricing as provided in RFP Dated May 5, 2014: Payroll Processing Charge per Payroll: Base fee of $40.00 plus $2.00 per check - Automatic Labor Distribution for employees based on hours worked at different departments/locations or set percentages provided by the client - Direct Deposit for those employees who use this service - Trust Service (employee live checks written on our account) - Electronic forms— W4s, State Forms and I9s - Tax Service—tax payments, quarterly tax return filing for all agencies, preparation of all W2s - General Ledger Report—includes Labor Allocation for accounting purposes and interface file - Import/Export capability for all items, as well as payroll journal entries into accounting software - Employee Self Serve—employee access to pay stubs, W2s, personal information, benefits statement and all HR data (with the addition of the HR module) - Manager Self Service - Veteran Reporting - EEO Reporting, including customization of EEO-4 reporting - Excel, CSV and PDF reporting capabilities for any data within the software - Employee Benefit and Total Compensation Statements each payroll - Email Notifications regarding pay statement delivery and any dates within system (i.e. birthdates, employment anniversaries, etc.) - Entering initial employee tax, compensation and deduction data - Automatically generated electronic reports o Customizable for any time period, including bi-weekly, quarterly, annually, etc. - Training on our software Special Notes: Our implementation team specializes in custom reports. If you need a report that isn’t already in the system, our team will work hard to create one that meets your needs. For example, we have set up reports for the City of Sandy Springs (see references), such as a company tax report, payroll registers by employee account and by pay statement, 401k reports and earnings/deductions reports, to name a few. We have multiple options for check delivery, including voucher delivery via web-based portal or courier and postal services. We can guarantee delivery of checks by 3:00PM the day after payroll processes. Delivery $14.00 (only necessary if there are live checks that need to be delivered) Quarterly Charges $14.00 shipping/handling charge Year End Charges $50.00 base + $5.00 per W2 or 1099 $16 shipping and handling $30 FUTA credit reduction calculation Time and Attendance Charge per Month: $5.00 per employee per month (PEPM) - Custom setup of employee information and security profiles o Restricted ability to perform certain tasks and access employee information based on assigned level of security - Schedule tracking used by both managers and employees o Track attendance behavior o Create clock-in rules associated with an employee’s schedule o Shift pay selection allows employees to clock in and internal clock rules will automatically determine the type of pay they should receive based on your custom shift rules - Electronic timesheet submittal/approval process ensures timesheets have been approved by the appropriate personnel—managers view and approve timesheets for their employees o Customizable workflow can direct the timesheet through multiple levels of approval - Time off requests are also electronic and can be automatically routed to the appropriate manager, simplifying the review, edit and approval of Paid Time Off o The electronic format allows managers to view historical data and future scheduled time off to ensure staffing requirements are met and eligibility for PTO is confirmed o Company holidays and approved time off are automatically populated in the appropriate timesheets - Extra pay tab for reimbursements, bonuses and commissions—employees and managers can submit expenses and/or other types of extra pay for approval if security levels permit - Labor Distribution for salaried employees’ earnings based on hours worked at various cost centers - Cost allocation and accounting uploads by location and/or other cost centers—allows for complete labor cost determination by location or any other criteria captured by the time or web clock o Cost allocation of time is fed directly into payroll for immediate and accurate cost accounting o Reporting by department can be generated at any time and emailed to the appropriate person o Set up of Company Information includes customized cost centers for labor allocation - Customizable accrual profiles for company benefits, including comp time based on job classification - We create dynamic pay calculations that are specific to your company and even to different types of employees within the company o Includes lunch and break rules, rules for part-time employees, Police and Fire departments, overtime rules etc. - Electronic notifications are standard and can send out reminders to managers, employees and administrators regarding everything from incomplete timesheets and time off requests awaiting approval to birthdays and review dates - Document storage—company documents can be uploaded and stored for easy access (see section on Document Storage) - Mobile App allows employees to clock in/out, request time off and view timesheets and pay stubs from a smart phone o Managers can view several reports and approve time off requests and timesheets - We provide training on our software both in person and online Special Notes: Our time and labor implementation team is able to set up any number of custom accrual policies. We have the ability to frontload accruals for the entire year, accrue by pay period or accrue by hours worked. Our system has a numerous reports available for managers and supervisors. Supervisors can use the accrual balances report in addition to overtime reports and calculated time summaries, to name a few. To see how we can track overtime for Police and Fire employees who are on 14 day cycles and work 86 and 106 hours before being eligible for overtime pay, see Appendix B. To view our solution to multiple payroll start/stop times, please see Appendix C. Human Resources Module Charge per Month: $6.00 per employee per month (PEPM) The HR Module is priced per employee per month. Here are some of the unique features of our HRIS: PayScale Reports: Our integration with PayScale allows you to request and immediately receive PayScale reports for various jobs in your region. These reports can be printed or downloaded. They are stored within your database indefinitely and can be accessed each year for comparative purposes. Because of our agreement and integration with PayScale, you may pay for these reports as needed instead of signing an annual agreement. The cost for each report is $150.00. Applicant Tracking and Recruitment Applicant tracking is available with activation of the HR Module. Applicants can be imported from another platform or entered directly into PayMatrix. Upon hire, the applicant data will transfer into the employee information section in the system. Recruitment is an add-on feature for applicant tracking and allows HR Administrators and Hiring Managers to create custom job requisition forms that constitute the basis of job applications. These can reflect desired skills, experience, compensation range, cost centers and recruiter or hiring manager information. Applicants can complete and maintain job applications on their own with the self- service feature. Specialized security options can be enabled to set up applicant access to specific areas relevant to the type of work for which they are applying. Hiring stages allow HR Administrators to monitor the hiring process across a large pool of candidates. They can also create custom email templates to help reduce errors and improve communication consistency. There are twenty five custom fields that track additional requirements that are specific to different types of work, and powerful reporting options help to narrow down the potential candidate pool based on criteria defined by the company. Applicant tracking is included in the PEPM cost of the HR Module. There is a monthly charge of $45.00 for each open job requisition. These requisitions can be opened and closed at will, and you will always have access to any applications received from the job postings. Affordable Care Act (ACA) Module This module is included in the full suite package, as both Time and Labor and HR are necessary for automatic integration. The module will help monitor and manage the ACA legislative requirements with real time data. It will provide a means for measuring individual and company standard measurement periods, FT/PT status and notifications based on custom criteria, such as a PT employee averaging more than 30 hours per week in a given month. Many notifications are built into this module to make compliance easier to track and to provide proactive management of your ACA compliance strategy. You can access current and historical detail, as well as send notifications to managers upon status changes. It also enables benefit enrollments for employees whose status changes to full time. Other Features of our HRIS: Maintenance of Employee Benefit Data Turnover/Headcount Reporting Training and Certification Tracking Asset and Vehicle Tracking Performance Reviews Employee/Manager Self Service Incident Tracking Custom Forms Workers Compensation and Injury Tracking Skills Tracking Disability Tracking Job Change History OHSA/EEO/Veterans Reporting Compensation History Configurable HR Actions w/ Workflow Configurable Dashboards HIPAA Compliant Employee Filing Cabinet Electronic I9s Custom Jobs with Default Settings for Standardization Benefit Open Enrollment and Change Requests Jobs Integrated with Pay Grades and Ranges Forecasting Tools for Payroll Costs Ease of Reporting (Exporting to Excel, CSV, many other formats) Organization Charting Capabilities Benefit Carrier Connectivity Our cloud-based service, eBenefits Network, automates benefit enrollment data management. The network uses pre-built, secure and fully managed integrations between our HR platform and benefit insurance carriers. This helps eliminate the costly errors associated with carrier enrollment data entry, including “missed enrollments” and billing for terminated or ineligible employees. Pricing consists of a one-time connection fee per carrier and an ongoing monthly fee. The fee is based on the total number of employees who are eligible for benefits, regardless of the total number of connections in place. Please note that the total number may include both new and terminated employees, depending on the type of data the carrier requests for account management purposes. Setup fee per connection is $1,000.00, and there is a $1.10 PEPM charge. A connection is typically defined as connectivity to a carrier, regardless of the number of plans in place. Several companies, however, may treat specific plans as separate connections, resulting in additional setup fees. Document Storage This feature is a centralized way to house and distribute company, employee and other HR data. Although the employee filing cabinet is a functionality of the HR Module, many company documents can be stored and accessed without it. You can scan and save a PDF, Word, Excel or Text document. The cost for data storage is based on the amount of data transferred at one gigabyte increments. The pricing below is for data space only: Cost per Gig Storage (per gig) $1.01 Upload or download (per gig) $2.86 The resulting monthly cost is typically very low. The cost for clients with 400+ employees using our document storage feature for a large number of their documents rarely, if ever, exceeds $10.00 per month. Email Reports on a Scheduled Basis Emailing regular payroll reports after each payroll is a free service. The system also has the ability to email custom reports to a specific user or group of users at a specified frequency for a nominal fee. This service allows access to critical data without a browser. The company is charged based on the amount of data transferred at one gigabyte increments. Cost per gig per month $4.20 E-Verification Integration The Department of Homeland Security requires that companies only employ individuals who may legally work in the United States. The E-Verification feature makes it easier for your company to comply with these laws. Clients can access this program directly from the PayMatrix platform and electronic I-9s are included in the payroll processing costs. If you would like to use these forms to submit and receive employment information automatically with the DHS, there is a technology charge of $3.00 per E-Verification. Special Notes: At renewal, benefit premiums are updated in one location within the benefit rate table, and the new premium amounts are automatically transferred to all enrolled employees. This eliminates the need to revise the deduction amounts for each employee individually. We also offer historical tracking of benefit premiums. Additionally, PayMatrix provides mass edit capability for all employee, benefit and pay data. Our software also includes a Leave Management Module that helps manage FMLA entitlement, requests and cases. The integrated platform means that approved requests are also populated, paid and deducted from entitled balances. REFERENCES (3) CITY OF SANDY SPRINGS (361 employees) Contact: Chief Mark Duke Phone: (770)206-2076 DIRECT / (678)614-2431 CELL Email: mduke@sandyspringsga.gov CITY OF DORAVILLE (105 employees) Contact: Lisa Ferguson Phone: (770)216-1952 Ext 1 WORK / (770)630-4889 CELL Email: lisa.ferguson@doravillega.us CITY OF FAIRBURN (171 employees) Contact: Abril Montano Phone: (770)964-2244 Ext 111 Email: abril@fairburn.com HOME OF M1 Ll ON*k ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 4, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ13-18 — Birmingham Highway (West Side) with a frontage of approximately 373 feet by Piedmont Atlantic Capital to rezone from AG -1 (Agricultural) to CUP (Community Unit Plan) to develop 13 single family residences on 19.5 acres. MEETING DATE: Monday, June 16, 2014 Regular City Council Meeting BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: QAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES q NO CITY ATTORNEY REVIEW REQUIRED: O YES 6Q NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR:0l REMARKS ©.* your G�EEn opaov PHONE: 678.242.2500 FAX: 678.242.2499 C,n f *Certified*t . Co mmunif �h« infoftityofmiltonga.us I www.cityofmiltonga.us y 0'e13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 Robyn Macdonald From: J. Craig Harper <jch@piedmontatlantic.com> Sent: Monday, May 19, 2014 2:38 PM To: Robyn Macdonald Cc: ethan@lipscombjohnson.com Subject: RE: Status of RZ13-18 Robyn, We would like to withdraw the application for rezoning. We are not able to overcome implications arising from the lawsuit against the property at this time. Thank you for all your help and I look forward to working with you in the future. J. Craig l larger I Alum goig Pvinc•ij)ui Piedmont Atlantic Capital, LLC 8920 Eves Road I No. 7671.27 Roswell, Georgia 30076 P 404.798.9820 F 77[]=02 1487 E jclir,.piedmentailaittic.com From: Robyn Macdonald [ma ilto: Robyn. Macdonald@cityofmiltonga. us] Sent: Monday, May 19, 2014 1:41 PM To: J. Craig Harper Uch@piedmontatlantic.com); `Craig Harper' Och@harperproperties.com) Subject: FW: Status of RZ13-18 Hi Craig, Can you give me a status report on the revised site plan/rezoning? I will need it by noon tomorrow, Tuesday to be able to write the Staff report. If you decide not to pursue the rezoning, please send me an e-mail to that fact. Thanks Robyn From: J. Craig Harper [mai Ito: jch4piedmontatlantic.com] Sent: Friday, May 09, 2014 5:30 PM To: Robyn Macdonald Subject: RE: Status of RZ13-18 Let me give this some thought and get back to you early next week. Can you advise me as to what the staff's position will be? Craig Harper From: Robyn Macdonald [mailto:Robyn.Macdonald(a)cityofmiltonga.us] Sent: Friday, May 09, 2014 4:53 PM HOME OF' ESTAM ISHF.D 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 4, 2014 FROM: City Manager AGENDA ITEM: Consideration of ZM14-04 — 305 Crooked Stick Drive Zoned CUP (Community Unit Plan) to Modify Condition 1.e. (RZ85-181) to the following: To Reduce the 100 Foot Building Setback from the Property Line of the C.U.P. to 50 Feet by C.D. Hays. MEETING DATE: Monday, June 16, 2014 Regular City Council Meeting BACKGROUND INFORMATION (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER 0, APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES N NO CITY ATTORNEY REVIEW REQUIRED: O YES V) NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR. 0 REMARKS ©0you= ** PHONE: 678.242.25001 FAX: 678.242.2499 neErru� Gre-ellt �` w certified info@cityofmiltonga.us www.cityofmiltonga.us rrru COt11t11l1111ty �Eih�cat 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 '�� Page 1 of 6 ZM14-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) ZM14-04 PROPERTY INFORMATION ADDRESS 305 Crooked Stick Drive (Lot 12) DISTRICT, LAND LOT 2/2, 807 OVERLAY DISTRICT Northwest Fulton EXISTING ZONING CUP (Community Unit Plan) (RZ85-181 – Fulton County) ACRES 2.5 EXISTING USE Single Family Residence OWNER C.D. Hays 805 Honors Circle Milton, GA 30004 REPRESENTATIVE Jason Coleman Coleman Homes, Inc. 6175 Windward Parkway Alpharetta, GA 30005 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – JUNE 16, 2014 ZM14-04 – APPROVAL CONDITIONAL INTENT To modify Condition 1.e. (RZ85-181) to the following: To reduce the 100 foot building setback from the property line of the C.U.P. to 50 feet. Page 2 of 6 ZM14-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) LOCATION MAP Page 3 of 6 ZM14-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) CURRENT ZONING Page 4 of 6 ZM14-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) SITE PLAN SUBMITTED MAY 5, 2014 Page 5 of 6 ZM14-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) Condition to be Modified 1. To the owners agreement to restrict the use of the subject property as follows: e. Provide at least a 100 foot building setback from the property line of the CUP (Community Unit Plan). Analysis and Recommendation The subject site is located within the Estates at Atlanta National which is zoned CUP (Community Unit Plan) pursuant to RZ85-181 and is developed with a single family residence. Within the conditions of zoning, a 100 foot setback from the property line of the CUP is required. Since the incorporation of the City, there have been five approved modification requests to reduce the 100 foot setback. The applicant is requesting to reduce the 100 foot setback to a 50 foot setback along the south property line. The purpose of the proposed reduction is to construct a hearth, gazebo, and arbor. Based on the topography, a pair of retaining walls parallel to each other for a length of approximately 130 feet creates a planter is proposed to be constructed as well. Staff notes that the adjacent property to the south is a portion of the Capital City Club and is undeveloped. There was no one in attendance at the Community Zoning Information Meeting on May 27, 2014. The proposed additions to the existing lot will not impact the entire width of the south property line, but approximately 130 feet and should only have a minimal impact to the property to the south. Therefore, Staff recommends APPROVAL CONDITIONAL to modify Condition 1.e. as requested. Page 6 of 6 ZM14-04 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition, the recommended condition (RZ85-181) should be revised to read as follows: 1. To the owners agreement to restrict the use of the subject property as follows: e. Provide at least a 100 foot building setback from the property line of the CUP (Community Unit Plan) except for lot #12 (305 Crooked Stick Drive) shall provide a 50 foot building setback along the south property line. ORDINANCE NO. PETITION NO. ZM14-04 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO MODIFY CONDITION(S) OF A RESOLUTION BY THE FULTON COUNTY BOARD OF COMMISSIONERS APPROVING PETITION Z85-181 ON OCTOBER 2, 1985, PROPERTY LOCATED ON PROVIDENCE ROAD WITHIN LAND LOTS 735, 736, 777, 778, 806, 807, 808, 849, 2ND DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY 95.696 ACRES. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on June 16, 2014 at 6:00 p.m. as follows: SECTION 1. That the condition of a resolution by the Fulton County Board of Commissioners, approved on October 2, 1985, for petition Z85-181 that approved a zoning to CUP (Community Unit Plan) property located on Providence Road consisting of a total of approximately 95.686 acres, attached hereto and made a part herein; ALL THAT TRACT or parcel of land located at 305 Crooked Stick Drive, Lot 12; and SECTION 2. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 3. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 4. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 16h day of June, 2014. Approved: ______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) CONDITIONS OF APPROVAL ZM14-04 305 Crooked Stick Drive, Lot 12 Should the Mayor and City of Council approve this petition, the Recommended Conditions (RZ85-181) should be revised to read as follows: 1. To the owner’s agreement to restrict the use of the subject property as follows: e. Provide at least a 100-foot building setback from the property line of the CUP except for lot #12 (305 Crooked Stick Drive) which shall provide a 50 foot building setback along the south property line. SITE PLAN SUBMITTED ON MAY 5, 2014 HOME OF `f Hi - Bi` T,YLJALJY L],i- IN vFC? L IA.' ,MILTON ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 4, 2014 FROM: City Manager AGENDA ITEM: Consideration of ZM14-05 — 16720 Quayside Drive Zoned CUP (Community Unit Plan) to Modify Condition 3.a. (RZ06-70) to the following: To Reduce the Front Setback from 30 Feet to 28 Feet and 3 Inches by Jane A. Schwartz. MEETING DATE: Monday, June 16, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES CITY ATTORNEY REVIEW REQUIRED: () YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: b (p f l REMARKS © Youi PHONE: 678.242.2500 � FAX: 678.242.2499 infoftityofmiltonga.us I www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 O NOT APPROVED NO NO () NOT APPROVED ,., ,.Green'. s Community VcF,3v `. ��LL ®R Page 1 of 6 ZM14-05 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) ZM14-05 PROPERTY INFORMATION ADDRESS 16720 Quayside Drive (Lot 48) DISTRICT, LAND LOT 2/2, 265, 266 OVERLAY DISTRICT Northwest Fulton EXISTING ZONING CUP (Community Unit Plan) (RZ06-70 – Fulton County) ACRES 1.01 EXISTING USE Single Family Residence OWNER Jane A Schwartz 16720 Quayside Drive Milton, GA 30004 REPRESENTATIVE Tommy Fuqua Fuqua and Associates 700 Barberry Drive Alpharetta, GA 30004 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – JUNE 16, 2014 ZM14-05 – APPROVAL CONDITIONAL INTENT To modify Condition 3.a. (RZ06-70) to the following: To reduce the front setback from 30 feet to 28 feet and 3 inches. Page 2 of 6 ZM14-05 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) LOCATION MAP Page 3 of 6 ZM14-05 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) CURRENT ZONING Page 4 of 6 ZM14-05 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) SITE PLAN SUBMITTED MAY 5, 2014 Page 5 of 6 ZM14-05 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) Condition to be Modified 3. To the owners agreement to the following site development considerations: a. The minimum design standards are: Minimum Front Yard Setback: 30 feet Analysis and Recommendation The subject site is located in Kingsley Estates which is zoned CUP (Community Unit Plan) pursuant to RZ06-70 and is developed with a single family residence. After an as built survey was completed, it was discovered that a small portion of the existing house encroached into the minimum front yard setback at 28 feet, 4 inches. Therefore, the applicant is requesting that Condition 3.a. be modified from 30 feet to 28 feet, 3 inches. There was no one in attendance at the Community Zoning Information Meeting on May 27, 2014. Based on the small encroachment that does not negatively impact the existing lot or nearby properties, Staff recommends APPROVAL CONDITIONAL to modify Condition 3.a. as requested. Page 6 of 6 ZM14-05 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) CONDITIONS OF APPROVAL ZM14-05 16720 QUAYSIDE DRIVE (LOT 48) Should the Mayor and City Council approve this petition, the recommended condition (RZ06-70) should be revised to read as follows: 3. To the owners agreement to the following site development considerations: a. The minimum design standards are: Minimum Front Yard Setback: 30 feet except for 16720 Quayside Drive (Lot 48) – 28’ 3” ORDINANCE NO. PETITION NO. ZM14-05 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO MODIFY CONDITION(S) OF A RESOLUTION BY THE FULTON COUNTY BOARD OF COMMISSIONERS APPROVING PETITION RZ06-70 ON SEPTEMBER 6, 2006, PROPERTY LOCATED ON FREEMANVILLE ROAD WITHIN LAND LOTS 194, 239, 265, 311, 312, , 2ND DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY 145.4 ACRES. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on June 16, 2014 at 6:00 p.m. as follows: SECTION 1. That the condition of a resolution by the Fulton County Board of Commissioners, approved on September 6, 2006, for petition RZ06-70 that approved a zoning to CUP (Community Unit Plan) property located on Freemanville Road consisting of a total of approximately 145.5 acres, attached hereto and made a part herein; ALL THAT TRACT or parcel of land located at 16720 Quayside Drive, Lot 48; and SECTION 2. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 3. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 4. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 16h day of June, 2014. Approved: ______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) CONDITIONS OF APPROVAL ZM14-05 16720 Quayside Drive, Lot 48 Should the Mayor and City Council approve this petition, the recommended condition (RZ06-70) should be revised to read as follows: 3. To the owners agreement to the following site development considerations: a. The minimum design standards are: Minimum Front Yard Setback: 30 feet except for 16720 Quayside Drive (Lot 48) – 28’ 3” HOME OF ' MILTON*k FSTARLISHFD2000 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 4, 2014 FROM: City Manager AGENDA ITEM: Consideration of ZM14-03 — Southeast Corner of Birmingham Highway and Birmingham Road Containing 22.30 Acres Currently Zoned MIX (Mixed Use) and AG -1 (Agricultural) to Modify Conditions 1.c., 1.d., 2.a., and 3.b. (RZ04-0116) by Capkey Birmingham Partners, LLC. MEETING DATE: Monday, June 16, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER ,(j) APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ,K YES () NO CITY ATTORNEY REVIEW REQUIRED: JV YES () NO APPROVAL BY CITY ATTORNEY A)APPROVED PLACED ON AGENDA FOR: b(o / 7t"// y REMARKS () NOT APPROVED YOU(n PHONE: 678.242.25001 FAX: 678.242,2499 Green l ; C,ertif;ed infoftityotrniltonga.us I www.cityatmiltonga.us Community cg 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 'e Page 1 of 20 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) 6/12/2014 ZM14-03 PROPERTY INFORMATION ADDRESS SE Corner of Birmingham Hwy and Birmingham Road DISTRICT, LAND LOT 2/2, 379, 380, 413, 414 OVERLAY DISTRICT Birmingham Crossroads EXISTING ZONING MIX (Mixed Use) and AG-1 (Agricultural) (RZ04-116) ACRES 22.3 EXISTING USE One story block building and single family residence with accessory structures OWNER Armstrong Birmingham Development, LLC One Armstrong Place Butler, PA 16001 APPLICANT Capkey Birmingham Partners, LLC 5 Concourse Parkway, Suite 2950 Atlanta, GA 30328 COMMUNITY DEVELOPMENT DEPARTMENT RECOMMENDATION – JUNE 16, 2014 ZM14-03 – APPROVAL CONDITIONAL TO MODIFIY CONDITIONS 1.c., 1.d., 2.a., and 3.b. INTENT To modify conditions 1.c., 1.d., 2.a., and 3.b. (RZ04-116) Page 2 of 20 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) 6/12/2014 LOCATION MAP Page 3 of 20 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) 6/12/2014 CURRENT ZONING Page 4 of 20 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) 6/12/2014 REVISED SITE PLAN SUBMITTED MAY 7, 2014 Page 5 of 20 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) 6/12/2014 REVISED SITE PLAN SUBMITTED JUNE 9, 2014 Page 6 of 20 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) 6/12/2014 REVISED SITE PLAN SUBMITTED OCTOBER 28, 2004 (RZ04-116) Page 7 of 20 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) 6/12/2014 Existing Conditions to be Modified 1. To the owners agreement to restrict the use of the subject property as follows: c. No more than 33 townhouse dwelling units on 6.63 acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a maximum density of 4.98 units per acre, whichever is less. Above described acreage shall be zoned MIX (Mixed Use) Conditional. d. A 10,000 square foot day care facility on 6.63 acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a maximum density of 1,508.3 gross feet per acre zoned. Above described acreage shall be zoned MIX (Mixed Use Conditional . 2. To the owner’s agreement to abide by the following: a. To the revised site plan dated October 28, 2004 (Petitions 2004Z-0116 NFC and 2004Z-0043 combined) submitted to the Department of Environment and Community Development. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Resolution and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3. To the owner’s agreement to the following site development considerations for townhouse units: c. No more than one (1) exit/entrance on the west side of Birmingham Highway. Curb cut location and alignment are subject to the approval of the Fulton County Traffic Engineer. Proposed Modifications to Conditions 1. To the owners agreement to restrict the use of the subject property as follows: c. No more than 33 townhouse and/or single family dwelling units on 6.63 acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a maximum density of 4.98 units per acre, whichever is less. Above described acreage shall be zoned MIX (Mixed Use) Conditional. d. A 10,000 square foot day care facility on 6.63 acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a Page 8 of 20 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) 6/12/2014 maximum density of 1,508.3 gross feet per acre zoned. Above described acreage shall be zoned MIX (Mixed Use Conditional. 2. To the owner’s agreement to abide by the following: a. To the revised site plan dated May 7, 2014 October 28, 2004 (Petitions 2004Z-0116 NFC and 2004Z-0043 combined) submitted to the Department of Environment and Community Development. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance Resolution and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. 3. To the owner’s agreement to the following site development considerations for townhouse units: c. To require conformance with the Georgia Department of Transportation (GDOT) requirements. No more than one (1) exit/entrance on the west side of Birmingham Highway. Curb cut location and alignment are subject to the approval of the Fulton County Traffic Engineer. After further evaluation of the site plan with original conditions approved pursuant to 2004Z-116 by Fulton County, Staff has determined that the following condition has not been met (Staff also notes that there are two conditions numbered 2.d. and this is a typo from the Fulton County conditions). : 1. To the owner's agreement to restrict the use of the subject property as follows: d. A community park, community septic system and residential development on one acre minimum lots on 13.587 acres outside the Birmingham Neighborhood Node within the southeast quadrant of the intersection of Birmingham Highway and Birmingham Road said acreage is to be zoned AG-1 (Agricultural) Conditional. The applicant has not indicated that a new community septic system would be constructed within the southeast quadrant as well as a community park. Staff has suggested that this condition 1.d. be amended as requested by the applicant as a new Zoning Modification request to be heard by the Mayor and City Council on July 21, 2014. The applicant has agreed to the new Zoning Modification request to amend the above mentioned condition. Page 9 of 20 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) 6/12/2014 History and Background The subject site was rezoned from C-1 (Community Business) and M-1 (Manufacturing) to MIX (Mixed Use) on November 3, 2004 by the Fulton County Board of Commissioners. This site is one corner of three corners of the Birmingham Crossroads that was zoned pursuant to RZ04-116 (subject site) and RZ04-43 (northeast and southeast corners zoned C-1 Conditional). The final conditions approved for all three quadrants were derived from numerous meetings between the original developer, AG Armstrong and the community using the Birmingham Crossroads Plan (Amending the 2015 North Fulton Comprehensive Plan) which was approved by the Fulton County Board of Commissioners on March 3, 2004. In addition, the Birmingham Crossroads of the Northwest Fulton Overlay District was approved on March 3, 2004. This newly created overlay also guided the ultimate outcome of what was approved for the three quadrants of Birmingham Crossroads. The central premise of both the Plan and the Overlay was that the Birmingham Crossroads should be a neighborhood node consisting of 27.1 acres which at that time recommended up to 100,000 square feet of commercial uses, up to 100,000 square feet of office uses, and up to five (5) residential units per acre. Since the time of the rezoning in 2004, the northeast and southwest quadrants have been developed as approved. The southeast quadrant has remained undeveloped other than the existing structures on the 22.3 acres. The applicant has submitted a site plan that proposes to reduce the approved density for the office, commercial retail, and eliminate the day care facility along Birmingham Road. They are proposing to replace some of the townhouse units previously developed with single family detached homes. In addition, the applicant has indicated that they will develop the property, but will seek a homebuilder to build the residential portion and market the non-residential portion for future development. Staff has included the original approved zoning conditions pursuant to RZ04-116 at the end of the report for reference and background. CZIM Meeting – May 27, 2014 The applicants were present at the meeting as well as nine members of the community who voiced the following concerns and issues regarding the proposed development: 1. What will be the design of the homes on the site? There should be specific types of designs and elevations for the development and these should be included in the conditions of zoning. 2. Wanted to ensure that the higher-density residential and non-residential be conditioned to the approximate 6.6 acres and not “spill” into the AG-1 property to the south or east. Page 10 of 20 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) 6/12/2014 3. Suggested a more “rural” feel to the street pattern with granite curbing, gas lights, and an organic pattern to the landscaping. 4. Asked that an internal pedestrian path system be provided that connects with Birmingham Highway and Birmingham Road for subsequent connection to Birmingham Park to the northwest. 5. The community asked that the original conditions from 2004 be included in the current conditions. 6. Confirm acreage for the MIX and the AG-1 portion of the development. 7. Request that the AG-1 parcel needs to be tied to current AG-1 standards. 8. Request that the original agreement, stating that the townhomes need to tie their own into their own community septic system should be restated here; also that the AG-1 lots will be served by individual septic systems. 9. Provide specimen tree inventory and green coverage and specify what will be saved. 10. Asked that the applicant work with GTC to provide buffers to the substation or a combination of the applicant and GTC provide buffers. 11. Would like the specifics of what type of detention facilities and what it/they will look like. 12. Expressed wanting Lew Oliver to be involved now and if the developer sells to another builder. 13. Citizens asked the applicant for another meeting to respond to the issues raised. Since the time of the CZIM, Staff has meet with the applicant, his engineer, and his Designer, Lew Oliver, to discuss some of the issues voiced at the CZIM meeting. The applicant agreed to provide elevations and sketches that would guide the architecture of the residential portion of the development in the future. In addition, to the sketches, it was agreed that a set of design requirements would be included in the Conditions of Zoning to assure that the architecture will be in keeping with the Birmingham Crossroad’s intent to create a rural character that is not the typical suburban type of development. The Staff also agreed that the applicant would submit a revised site plan indicating varied lot sizes for both the single family residences and attached resid ences. The revised site plan submitted on June 9, 2014 indicates a minimum lot width for single family residences as 35 feet with a maximum of 50 feet (Lots 1-16 and 24 -30). The attached residences indicate a minimum of 30 feet and maximum of 45 feet (L ots 17-23). Analysis and Recommendation Staff will review and make recommendations for each request individually. 1. To the owners agreement to restrict the use of the subject property as follows: c. No more than 33 townhouse and/or single family dwelling units on 6.63 acres within the Southeast Quadrant of the Birmingham Neighborhood Page 11 of 20 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) 6/12/2014 Node at a maximum density of 4.98 units per acre, whichever is less. Above described acreage shall be zoned MIX (Mixed Use) Conditional. Staff is in support of the above request to include single family dwelling units in the development within the 6.63 acres (This is the correct average cited in the Clarification approved by the Fulton County Board of Commissioners on March 2, 2005). The MIX (Mixed Use) zoning district allows the applicant to dictate the development standards for the site. The revised site plan submitted on June 9, 2014 indicates the single family detached lots are a minimum lot width of 35 feet and a maximum of 50 feet (Lots 1-16 and 24 -30). The attached residences indicate a minimum of 30 feet and maximum of 45 feet (Lots 17-23). The applicant is also indicating that the side setbacks will be 5 feet for a total separation of 10 feet between homes. During the meeting with the applicant, it was suggeste d that for side setbacks, there be 0 lot line with a minimum 10 foot separation between structures for at least some of the lots. The note on the revised site plan states a 5 foot building setback for the side setback. Staff will reflect the 0 lot line with a minimum 10 foot separation in the Recommended Conditions. The applicant has provided several residential building elevations to provide guidance for the design of the structures as well as a set of design requirements that will be included in the Recommended Condition. These items will ensure that the overall character for Birmingham Crossroads will be achieved. In addition, Staff will include a condition that require that prior to the issuance of a building permit, the City Architect will review the elevations for 360 degree architecture and consistency with the Characteristics of Northwest Fulton Crossroads communities (soon to be called the Characteristics of Rural Milton Overlay) as well as the design requirements. The existing condition, 1.f. requires a minimum heated floor area of 1,500 square feet per dwelling unit. Staff recommends the following development standards for the single family detached lots be included in the Recommended Conditions: Front Yard Setback: 10 feet Side Yard Setback: Minimum 0 feet with 10 feet between buildings Rear Yard Setback: 10 feet Minimum Lot Width for detached dwellings: 35 feet Minimum Lot Frontage: 35 feet Height: There shall be a maximum height limit of two stories with the maximum height of 28 feet from average finished grade to the bottom of the roof eave. Units shall be rear entry access via alley ways Staff recommends the following development standards for the proposed townhouses be included in the Recommended Conditions: Page 12 of 20 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) 6/12/2014 Front Yard Setback: 10 feet Rear Yard Setback: 10 feet Height: There shall be a maximum height limit of two stories with the maximum height of 28 feet from average finished grade to the bottom of the roof eave. A minimum of 80% of common wall shall be contiguous with each adjoining unit. Units shall be rear entry access via alley ways Based on the above analysis, Staff recommends APPROVAL CONDITIONAL to modify Condition 1.c. with the above stated conditions. 1. To the owners agreement to restrict the use of the subject property as follows: d. A 10,000 square foot day care facility on 6.63 acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a maximum density of 1,508.3 gross feet per acre zoned. Above described acreage shall be zoned MIX (Mixed Use Conditional . The applicant is requesting to delete the required 10,000 square foot day care facility as described above. The revised site plan indicates a 5,300 square foot commercial building which appears to be one story in height. In addition, Staff notes that al though all the non- residential buildings indicate commercial, there is a note on the site plan received on May 7, 2014 stating “Commercial to be a mix of office, restaurant and retail, total square footage not to exceed the amount noted in zoning condition 1.a.” Staff is in support of this request based on the fact that the proposed day care facility did not appear to be developed with the required development standards including a lack of parking within the development. Therefore, Staff recommends APPROVAL to delete Condition 1.d. 2. To the owner’s agreement to abide by the following: a. To the revised site plan dated June 9, 2014 October 28, 2004 (Petitions 2004Z-0116 NFC and 2004Z-0043 combined) submitted to the Department of Environment and Community Development. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance Resolution and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. The applicant is proposing to replace the 2004 site plan with the revised site plan submitted on June 9, 2014. After analyzing the approved site plan from 2004, it appears that there was not enough space to provide the required parking for the proposed density and mix of uses and it was unrealistic to see it developed as depicted. Page 13 of 20 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) 6/12/2014 The intent of the rezoning in 2004 was to create a mixed use village that was consistent with the Birmingham Crossroads Plan and the Birmingham Crossroads Overlay District. Since that time, the northeast and southwest corners have been developed with non - residential uses. The subject site is zoned MIX (Mixed Use) with approximately 6.63 acres and the remainder is AG-1 (Agricultural). Within the 6.63 acres the applicant is proposing to allow single family detached homes in addition to the townhomes as well as decreasing the amount of non-residential. It is Staff’s opinion to insure that the overall intent of a village is realized, that the residential portion of the site be developed concurrently with the non-residential. Therefore, Staff is recommending that a condition be included stating the following: At which time that 50 percent of the residential units are issued a Certificate of Occupancy, those areas shown as commercial on the revised site plan submitted on June 9, 2014, a planting plan shall be provided to the City Arborist to be approved for installation. The maintenance of the landscaping shall be the responsibility of the property owner of those commercial parcels. At such time that 75 percent of the residential units are issued a Certificate of Occupancy, those areas shown as commercial on the revised site plan submitted on June 9, shall commence construction. After further analysis in regards to the parking spaces shown, it appears that there are not sufficient spaces to serve the proposed buildings and their associated square footages. For example, the most southern commercial building fronting Birmingham Hwy, there are a total of 24 parking spaces adjacent to the building. The proposed size is 8,500 square feet including the outdoor patio. If the entire building was developed as retail commercial at 4 parking spaces per 1,000 square feet, it requires 36 parking spaces. If there was a 3,000 square foot restaurant (assuming that is the intention based on the patio space), the restaurant would require 30 parking spaces at 10 spaces per 1,000 square feet and the remainder would be 5,500 square feet that requires 4 parking spaces per 1,000 for retail commercial would equal 20 spaces for a total of 50 spaces. Based on this analysis, Staff recommends that the proposed square footages be eliminated from the site plan and any future development would be driven by the available room for parking within the 6.63 acres of MIX (Mixed Use). The revised site plan submitted on June 9, 2014 deleted the “future commercial” along Birmingham Road and therefore is now consistent with the original site plan and Plan Policy of the Birmingham Crossroads Plan that requires a village green (indicated as an open space on the site plan) in the southeast and northeast quadrants. The village green is recommended to be at least 50 feet wide and 13,000 square feet in area. Therefore, Staff will include a condition that this area remains a village green as described above. Staff recommends that the site plan indicate future vehicular and pedestrian inter-parcel access to the C-1 tract at the southeast corner of Birmingham Hwy and Birmingham Road. At which time this parcel is developed, the village concept can be continued to Page 14 of 20 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) 6/12/2014 the north and be consistent with the Birmingham Crossroads Plan. A Recommended Condition will be included to reflect this request. The Birmingham Crossroads Plan also stated that Birmingham Crossroads will be pedestrian oriented and encourage pedestrian and bicycle connections to the Birmingham Park. The site plan still does not indicate internal paths that would ultimately provide accessibility to Birmingham Park via the frontage on the west side of Birmingham Hwy north of Hickory Flat Road. Therefore, Staff will include a condition to include an internal path within the entire development including the AG-1 portion. Regarding Lot #1 within the AG-1 district, it is unclear how the lot will be accessed. It cannot be accessed from Birmingham Hwy and it is adjacent to a parking lot and a private alley. This will need to be adjusted so as to provide the appropriate access for this lot. The community, Staff and the applicant were in agreement to install granite curb throughout the development. The Public Work’s department has revised the recommended conditions to reflect this change. Although a tree survey is not required for a Zoning Modification application, Staff has requested a tree survey to determine what trees and tree lines are impacted by the proposed development. The applicant submitted a tree survey on June 11, 2014 but Staff will need additional time to determine how specimen trees and tree lines will be impacted by the development. 3. To the owner’s agreement to the following site development considerations for townhouse units: c. To require conformance with the Georgia Department of Transportation (GDOT) requirements. No more than one (1) exit/entrance on the west side of Birmingham Highway. Curb cut location and alignment are subject to the approval of the Fulton County Traffic Engineer. The Public Works Department is in support of this request. Additional conditions are also included in the Recommended Conditions as they pertain to traffic improvements for the site. Therefore, Staff recommends APPROVAL CONDITIONAL to revise Condition 3.c. Page 15 of 20 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) 6/12/2014 RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition, the recommended conditions (RZ04-116) should be revised to read as follows: 1. To the owners agreement to restrict the use of the subject property as follows: (a.and b; extra d. through f. see Fulton County Conditions attached) c. No more than 33 townhouse and/or single family dwelling units on 6.63 acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a maximum density of 4.98 units per acre, whichever is less. Above described acreage shall be zoned MIX (Mixed Use) Conditional. d. A 10,000 square foot day care facility on 6.63 acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a maximum density of 1,508.3 gross feet per acre zoned. Above described acreage shall be zoned MIX (Mixed Use Conditional. 2. To the owner’s agreement to abide by the following: a. To the revised site plan dated June 9, 2014 October 28, 2004 (Petitions 2004Z-0116 NFC and 2004Z-0043 combined) submitted to the Department of Environment and Community Development. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance Resolution and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. (b. see Fulton County Conditions attached) 3. To the owner’s agreement to the following site development considerations for townhouse units: (a. and b. see Fulton County Conditions attached) c. To require conformance with the Georgia Department of Transportation (GDOT) requirements. No more than one (1) exit/entrance on the west side of Birmingham Highway. Curb cut location and alignment are subject to the approval of the Fulton County Traffic Engineer. (d. and e. see Fulton County Conditions attached) f. Front Yard Setback: 10 feet g. Rear Yard Setback: 10 feet h. Height: There shall be a maximum height limit of two stories with the maximum height of 28 feet from average finished grade to the bottom of the roof eave. i. A minimum of 80% of common wall shall be contiguous with each adjoining unit. Page 16 of 20 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) 6/12/2014 j. Units shall be rear entry access via alley ways. 4. To the owner’s agreement to abide by the following requirements, dedication, and improvements: (a. through h. see Fulton County Conditions attached) i. Dedicate at no cost to the City of Milton or Georgia Department of Transportation (GDOT) prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide the following: i. Provide at least 35 feet of right-of-way from the centerline of SR 372/Birmingham Hwy along the entire property frontage or as may be required by GDOT. ii. Provide bicycle and pedestrian improvements along entire property frontage of SR 372/Birmingham Hwy and Birmingham Rd according to cross sections in Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances and as approved by the City of Milton Public Works Department. iii. Provide a 50 foot wide pedestrian easement free of any structures or above ground utilities for future pedestrian inter- parcel access on the east property line on land lot 413 as required and approved by the City of Milton Public Works Department. j. Access to the site and installation/modification of transportation infrastructure shall meet City of Milton Code of Ordinances and AASHTO guidelines and subject to the approval of the GDOT and the City of Milton Public Works Department, prior to the issuance of a Land Disturbance Permit. At a minimum, provide: i. SB left turn lane on SR 372 at new access drive ii. WB left turn lane on Birmingham Road iii. EB deceleration lane on Birmingham Road iv. Entrance driveways shall provide a minimum of 100 feet or the 95% queue length, whichever is greater, of uninterrupted access. This distance shall be measured from the edge of the thru lane on Birmingham Hwy and Birmingham Rd to the edge of any interior drive aisle or parking space. v. Entrance improvements on Birmingham Rd shall be directly across from Publix Shopping Center existing driveway. k. Cross parcel access to the adjacent commercial tract to the north should be provided through the commercial areas. Convert the public access right of way between the residential lots 17-30 to private alley. l. Eliminate the public right of way on all alleys. m. Provide adequate sight distance at all intersections, eliminate on street parking as necessary. Page 17 of 20 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) 6/12/2014 n. All street improvements shall extend across the entire street frontage. Sufficient right of way shall be dedicated to ensure that all improvements are contained within the right of way. o. Provide a minimum right of way of 1’ behind the proposed sidewalk throughout the development. p. Provide a minimum of 4” granite curb on the typical section. Eleven and half (11.5) foot lane width is measured from the face of the curb. 5. To the owner’s agreement to abide by the following: (a. through n. see Fulton County Conditions attached) o. The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. i. Side slopes for the stormwater management facility shall be no steeper than 4:1 unless otherwise approved by Public Works Director. p. Owner shall be required to develop a stormwater management plan to maintain water quality and rate of runoff to protect neighboring persons and property from damage or loss resulting from excessive stormwater runoff, pollution, soil erosion or deposition upon private property or public streets or water transported silt and debris. Owner shall be required to have an approved stormwater concept plan prior to submission of a land disturbance permit application. 6. To the owner’s agreement to the following site development considerations: a. Single family detached lots shall provide: i. Front Yard Setback: 10 feet ii. Side Yard Setback: Minimum 0 feet with a 10 foot building seperation iii. Rear Yard Setback: 10 feet iv. Minimum Lot Width: 35 feet v. Minimum Lot Frontage: 35 feet vi. Height: There shall be a maximum height limit of two stories with the maximum height of 28 feet from average finished grade to the bottom of the roof eave. vii. Units shall be rear entry access via alley ways b. At which time that 50 percent of the residential units are issued a Certificate of Occupancy, those areas shown as commercial on the revised site plan submitted on June 9, 2014, a planting plan shall be provided to the City Arborist to be approved for installation. The Page 18 of 20 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) 6/12/2014 maintenance of the landscaping shall be the responsibility of the property owner of those commercial parcels. At such time that 75 percent of the residential units are issued a Certificate of Occupancy, those areas shown as commercial on the revised site plan submitted on June 9, shall commence construction. c. Provide a village green on the south side of Birmingham Road and west of the primary entrance off of Birmingham Road. It shall be a minimum of 50 feet in width and a minimum of 13,000 square feet in area. d. Provide internal pedestrian trails within the MIX and AG-1 districts to provide future connection with Birmingham Park. 7. To the owner’s agreement to the following architectural requirements for residential structures: a. Architectural elevations shall be reviewed and approved by the City Architect prior to the issuance of a building permit. These structures shall be consistent with consistent with the Characteristics of the Northwest Fulton Crossroads Community (Sec 64-1150) (In the future will be referenced as the “Rural Milton Overlay”) and provide 360 degree architecture. i. Design and architecture shall be consistent with the attached illustrations/elevations received June 9, 2014 by the City of Milton Community Development Department. b. Single gable or hip front (primary) building mass, with subordinate secondary mass, separate carriage house mass. Queen Anne "L" shaped roof mass is acceptable. Forms shoul d reflect importance of function, i.e. primary mass should have taller ceilings and windows than carriage house; fenestrations (windows and doors) should be of noble size and proportion on primary mass. c. Design should be based on Vernacular forms. See illustrations attached. I-houses are particularly appropriate to the area. Acadian influence can be seen in local examples (Hopewell House). Acceptable styles include Vernacular and Queen Anne. Ornamental elements if used at all, should be used with restraint (Federal, Greek Revival, Carpenter Gothic, and Folk Victorian). d. Row houses should be of uniform character and finish, and aligned at the front (The Old Bricks, Roswell). Exuberant expressions should be Page 19 of 20 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) 6/12/2014 avoided and instead compositions that are harmonious, beautifully proportioned and detailed should be utilized. e) Porch elements should face streets and public ways and spaces. i. Porch element may also be used within the rear yard. They are usually subordinate to the primary building mass, but sometimes are located within the mass (Hopewell House, Hembree Farmhouse). ii. Front porches should have a wooden porch floor system and shall have an open crawl space. iii. Porches shall be a minimum of eight feet in depth. iv. Porches shall be on a majority of the front elevations. v. Porches shall be supported on 18” masonry piers. f) Corner lots shall have side porches and designed with recesses and projections as to discourage a single plane or wall. g) Windows and doors (fenestration) should be of vertical proportions, both in terms of actual jamb openings and individual pane size. i. Panes should be of similar proportions on the same building, roughly, the Golden Mean. ii. Front doors with sidelights may be an exception. Greek revival fret transoms and sidelights may be an exception. iii. Windows must be of similar sizes and generally not ganged. iv. Transom windows are prohibited apart from doors, and should never be used over windows. v. Shutters shall be authentic, fully operable and capable of totally closing on the window sash. h) Chimneys should be expressed in brick, external to the building mass and centered on gables. i) Exterior trim shall be of local historic character. i. Authentic, flat casings (full 2x4), restoration sills, full 2x corner boards, cornice assembly of 5/4 and 2x members, authentic sash windows with SDL's or TDL's, solid wood posts that are chamfered, and thick lap siding (Artisan series Hardie) are required on clapboard structures. ii. Metal screen and slot vents are not allowed. j) Wall finishes shall conform to the following. Page 20 of 20 ZM14-03 - Prepared by the Community Development Department for the Mayor and City Council Meeting on June 16, 2014 (First Presentation June 2, 2014) 6/12/2014 i. Authentic Board and batten may be used on secondary masses. ii. Flat panel materials with applied batons are not allowed. iii. Wood mold brick of reddish brown local historic color, with little variation. Mortar may be river sand to clay in color. iv. Wall finishes on sides of buildings seen from a public road shall be the same on all visible sides v. Typically, brick is used on commercial buildings and row houses, but is also acceptable on houses as approved by the City Architect. vi. No more than 3 different exterior wall materials. k) Poured concrete as a finish may be acceptable with permission of the City Architect. l) Roofs should be gabled with slopes from 6:12 to 10:12. i. Materials should be shake, wood shingle, or standing seam paint grip galvanized metal. ii. Gutters and downspouts to be 1/2 round and round in paint grip galvanized metal. m) Exterior light fixtures and door hardware to be industrial/rural in character or as approved by the City Architect. n) Landscape should be historic. i. Plant materials should be native and/or historic. This includes boxwoods, perennials, herbs, fragrant shrubs, and native trees. ii. Hardscape materials include gravel, brick, or crushed stone with steel, brick, native rocks, or granite edgings. iii. Stone walls and picket type fences should be randomly introduced, with a mix of materials and design. o) Prohibited materials and techniques, general: EIFS (exterior insulation finishing systems) plastic, GBG's (grill between glass), aluminum exterior railing systems, vinyl coated products, brick foundation that protrudes outside of the framed wall above, direct vent fireplace systems, chimney shrouds. p) Stove pipes of adequate size are allowed. q) Materials on the same form shall not be varied. 70 RECEIVED JUN 4 9 2014 CITY OF MILTON COMMUNITY DEVELOPMENT 2:14140*03 •,r�rKim REGEIVIE D JUN 4 9 2x14 CITY OF MILTON COMMUNITY DEVELOPMENT ZM 14- 40 3 RECEIVE® JUN Q 9 2014 CITY OF MILTON COMMUNITY DEVELOPMENT ?M 14.0-5 In PIE 7 m 11KNO BAN-, RECEIVED JUN 49 2014 CITY OF MILTON COMMUNITY DEVELOPMENT Z M Iq -03 =2 RECEIVED JUN 0 9 2014 CITY OF MILTON COMMUNITY DEVELOPMENT Zm lq-03 JOSSINEWWRa,, -r Illy. r ri ;r RECEIVE® JUN U 9 2014 CITY of MILTON COMMUNITY DEVELOPMENT zMw-03 x„ r 1z, _:�D -- � 9w:R - RECEIVED JUN 4 9 2014 CITY OF: MILTON COMMUNITY DEVELOPMENT Y �I RECEIVED JUN 4 9 2014 CITY OF MILTON COMMUNITY DEVELOPMENT zpm.lq.,0,3 ►EIVE© 4 9 2014 F IWILTON DEVELOPMENT I4-03 FIN 110 11 ull 11111011 mirl 4 s it t f Irl. � ,l ► � � �l ..Eti r?',r� � sivv� z .►�>t I6< <Elhr`�,j .� . RECEIVE® JUN 0 9 2014 CITY OF MILTON COMMUNITY DEVELOPMENT Z M 14,,0 3 MI -03 RECEIVED JUN Q 9 2014 CITY CJF MfLTQN COMMUNITY DEVELOPMENT h41, tit -RECEIVED JUN o 9 2014 CITY OF gill.-FCN COMMUNITY DEVELOPMENT M Iq .. t) 3 I FHH+HF+W �®r Idy of r h :h v 3A L ZMl4-a3 RECEIVED AJN 0 9 2014 CITY OF WHL f ON COMMUNITY DEVELOPMENT Commission Chair Handel - "Okay. The motion to reconsider passes. I make a motion to rescind the previous action." Commissioner Edwards - "Second." Commission Chair Handel - "Okay. That passes and now we will consider this case. Can you sound the case, Mr. Clerk?" Commissioner Riley requested Public Works Assistant Director Tim Equels to be involved with the applicant and the community in regard to the analysis and to prepare the Board a report pertaining to the responsibilities and mitigation for this area. A motion was made by Commissioner Riley and seconded by Commissioner Edwards to defer for 30 days to review water management and stormwater drainage for this site and the adjoining property. The motion carried by a vote 6-0-0. Commission Chair Handel, Vice Chair Boxill, and Commissioners Riley, Lowe, Darnell, and Edwards voted yes. Commissioner Pitts was absent. 04-1189 PETITION #20042 0116 FCN, BIRMINGHAM ROAD -APPLICATION Cir •. OF A. G. ARMSTRONG, SEEKS A REZONING FROM AG -1 (AGRICULTURAL), C-1 (COMMUNITY BUSINESS) AND M-1 (LIGHT INDUSTRIAL) TO MIX (MIXED USE) ZONING CLASSIFICATION' (APPROVED) 04-1190 PETITION #2004VC 0178 - APPLICATION OF A. G. ARMSTRONG, SEEKS A I OM AG -1 (AGRICULTURAL), C-1 (COMMUNITY BUSINESS) AND M-1 (LIGHT INDUSTRIAL) TO MIX (MIXED USE) ZONING CLASSIFICATION (APPROVED) HEARD AND VOTED UPON WITH ITEMS O4-0956 AND 04-0967. A motion was made by Commissioner Riley and seconded by Commissioner Lowe to approve 2004Z 0443 based on the alternate conditions, approve 20042 0016 pursuant to the revised alternate conditions dated November 3, 2004, approve the concurrent variance along the east side adjacent to the electric power substation, and spread the support agreement on the minutes. The motion carried by a vote of 6-0-0. Commission Chair Handel, Vice Chair Boxill, and Commissioners Riley, Lowe, Darnell, and Edwards voted yes. Commissioner Pitts was absent. There being no objection, Petitions 20042 0116 and 2004VC 0178 were approved subject to the following Zoning Resolution and Recommended Conditions: RESOLUTION A RESOLUTION TO AMEND THE 1955 ZONING RESOLUTION REGULAR MEETING, NOVEMBER 3, 2004 85 OF FULTON COUNTY WHEREAS, proper notice of this amendment has been published once a week for two weeks in the newspaper in which the Sheriff's advertisements are published, which notice stated the nature of the proposed change and the date, hour and place at which the Board of Commissioners of Fulton County would hold a public hearing on said amendment, said notice having been published on the following dates: 09121/04; WHEREAS, said proposed amendment was submitted to the Planning Commission, and said Planning Commission has held a public hearing thereon, and has made its recommendation to the Board of Commissioners of Fulton County; NOW, THEREFORE, BE IT RESOLVED that the 1955 Zoning Resolution adopted by the Board of Commissioners of Fulton County on March 11, 1955, and recorded in Minute Book W-1, pages 180 continuous of the Minutes of the Board of Commissioners of Fulton County, and heretofore amended, be and the same is hereby further amended as follows: CONDITIONS: PER PLANNING STAFF'S MEMORANDUM RECEIVED 10129/04: REVISED ALTERNATE CONDITIONS - 11/03/04 If this petition is approved by the Board of Commissioners, it should be approved MIX (Mixed Use) CONDITIONAL and AG -1 (Agricultural) CONDITIONAL subject to the owner's agreement to the following enumerated conditions. Where these conditions conflict with the stipulations and offerings contained in the Letter of Intent, these conditions shall supersede unless specifically stipulated by the Board of Commissioners. To the owner's agreement to restrict the use of the subject property as follows: a. Retail, service commercial and/or office and accessory uses, including all exterior food and beverage service areas, on 8.5 acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a maximum density of 988.24 gross square feet per acre zoned for retail, service commercial uses and 4,423.53 square feet per acre for office uses or a total of 8,400 square feet of retail, service commercial and 37,600 square feet of office, whichever is less, but excluding, billboards, fast food restaurants, gas and service stations, commercial amusements (cinemas not included), liquor package stores, motels, hotels, adult entertainment establishments, check cashing stores, pawn shops, coin operated laundries, convenience stores, video arcades, pool halls, massage parlors, nail salons, beauty salons, barber shops, flea markets, discount retail shops, roadside vending, roadside produce stands or seasonal vending, Above described acreage shall be zoned MIX (Mixed Use) Conditional. REGULAR MEETING, NOVEMBER 3, 2004 86 b. Retail, service commercial and/or office and accessory uses, including all exterior food and beverage service areas, on 2.79 acres within the Southwest Quadrant of the Birmingham Neighborhood Node at a maximum density of 8,316.85 gross square feet per acre zoned or a total of 23,204 square feet, whichever is less, but excluding, billboards, fast food restaurants, gas and service stations, commercial amusements (cinemas not included), liquor package stores, motels, hotels, adult entertainment establishments, check cashing stores, pawn shops, coin operated laundries, convenience stores, video arcades, pool halls, massage parlors, nail salons, beauty salons, barber shops, flea markets, discount retail shops, roadside vending, roadside produce stands or seasonal vending. Above described acreage shall be zoned MIX (Mixed Use) Conditional. No more than 33 townhouse dwelling units on 8:5 6.63 acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a maximum density of 3-89 4.95 units per acre, whichever is less. Above described acreage shall be zoned MDC (Mixed Use) Conditional. d. A 10,000 square foot day care facility on 9.4 6.63 acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a maximum density of X6-48. 1,508.3 gross square feet per acre zoned. Above described acreage shall be zoned MIX (Mixed Use) Conditional. d. A community park, community septic system and residential development on one acre minimum lots on 13.587 acres outside the Birmingham Neighborhood Node within the southeast quadrant of the intersection of Birmingham Highway and Birmingham Road said acreage is to be zoned AG -1 (Agricultural) Conditional. e. To provide an executed copy of a Deed of Conservation Easement between the landowner and a third party which maintains the park in perpetuity prior to the issuance of the first Certificate of Occupancy for the development. Provide a minimum heated floor area of 1,500 square feet per dwelling unit. 2. To the owner's agreement to abide by the following: a. To the revised site plan dated October 28, 2004 (Petitions 20442-0116 NFC and 20042-0043 NFC combined) submitted to the Department of Environment and Community Development. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Resolution and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. b. Limit development to a maximum of 15,000 square feet of office uses and a maximum 15,000 square feet of retail uses until such time as a LDP (Land REGULAR MEETING, NOVEMBER 3, 2004 87 Disturbance Permit) is issued on property pursuant to zoning petition 20042-0043 NFC. 3. To the owner's agreement to the following site development considerations for townhouse units: a. No more than two (2) exit/entrances on the south side of Hickory Flat Road. Curb cut location and alignment are subject to the approval of the Fulton County Traffic Engineer. b. No more than one (1) exit/entrance on the south side of Birmingham Road. Curb cut location and alignment are subject to the approval of the Fulton County Traffic Engineer. C. No more than one (1) exit/entrance on the sem west side of Birmingham Highway. Curb cut location and alignment are subject to the approval of the Fulton County Traffic Engineer. d. No residential lot shall be allowed direct access to Birmingham Road or Birmingham Highway. e. Reduce the 75 -foot buffer and 10 -foot improvement setback along the east property line of the southeast pod to a 10 -foot landscape strip planted to buffer standards. (2004VC-0178 NFC - Part 1.) 4, To the owner's agreement to abide by the following requirements, dedication and improvements: a. Reserve for Fulton County along the necessary property frontage of the following roadways, prior to the approval of a Land Disturbance permit, sufficient land as necessary to provide for compliance with the Comprehensive Plan. All building setback lines shall be measured from the dedication but at no time shall a building be allowed inside the area of reservation. All required landscape strips and buffers may straddle the reservation line so that the reservation line bisects the required landscape strip or buffer. At a minimum, 14 feet of the required landscape strip or buffer shall be located outside the area of reservation. All required tree plantings per Article 4.23 shall be placed within the portion of the landscape strip or buffer that lies outside the area of reservation. 55 feet from centerline of Birmingham Highway (SR 372) or as may be required by the Georgia Department of Transportation; 45 feet from the centerline of Hickory Flat Road; and 45 feet from the centerline of Birmingham Road. REGULAR MEETING, NOVEMBER 3, 2004 88 5. b. Dedicate at no cost to Fulton County along the entire property frontage, prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide the following rights-of-way, and dedicate at no cost to Fulton County such additional right-of-way as may be required to provide at least 10.5 feet of right-of- way from the back of curb of all abutting road improvements, as well as allow the necessary construction easements while the rights-of-way are being improved: 30 feet from centerline of Birmingham Highway (5R 372) or as may be required by the Georgia Department of Transportation. 30 feet from the centerline of Hickory Flat Road; and 30 feet from the centerline of Birmingham Road. C. Provide a deceleration lane for each project entrance or as may be required by the Fulton County Traffic Engineer. d. Provide a left turn lane for each project entrance or as may be required by the Fulton County Traffic Engineer. e. g Provide signalization at the intersection of Birmingham Highway and Hickory Flat Road/Birmingham Road as required by the Fulton County Traffic Engineer. Provide a traffic impact mitigation plan generated by the development to the concept review phase. to reduce the number of vehicular trips Fulton County Traffic Engineer at the Improve intersection of Birmingham Highway/Birmingham Road and Hickory Flat Road per Fulton County Traffic Engineer. h. Provide roundabouts on Birmingham Road at the project entrances to eliminate the requirement for additional turn lanes or as may be approved by the Fulton County Traffic Engineer. To the owner's agreement to abide by the following: a. Prior to submitting the application for a (LDP) with the Department of Environment and Community Development, Development Review Division, arrange to meet with the Fulton County Traffic Engineer. A signed copy of the results of these meetings will be required to be submitted along with the application for a Land Disturbance Permit. b. Prior to submitting the application for an LDP, arrange an on-site evaluation of existing specimen trees/stands, buffers, and tree protection zones within the property boundaries with the Fulton County Arborist. A signed copy of the results of these meetings will be required to be submitted along with the application for an LDP. REGULAR MEETING, NOVEMBER 3, 2004 89 C. Prior to submitting the application for an LDP, the developer/engineer shall contact the Public Works Department, Water Services Division, and arrange to meet on-site with an engineer from the Surface Water Management Program (SWMP), who is responsible for review of Storm Water Concept Plan submittals. d. Prior to submitting the application for an LDP, the developer and/or engineer shall submit to the SWMP, through the Development Review Division, a project Storm Water Concept Plan. This concept plan shall indicate the preliminary location of the storm water management facilities intended to manage the quality and quantity of storm water. The concept plan shall specifically address the existing downstream off-site drainage conveyance system(s) that the proposed development surface runoff will impact, and the discharge path(s) from the outlet of the storm water management facilities to the off-site drainage system(s) and/or appropriate receiving waters. As part of the Storm Water Concept Plan submittal, a preliminary capacity analysis shall be performed by the engineer on the off-site drainage system(s) points of constraint. The capacity analysis shall determine the capacity of all existing constraint points, such as pipes, culverts, etc. from the point of storm water discharge at the proposed development site boundary downstream to the confluence of the receiving drainage course at a point where the drainage area is at least ten times the proposed development site area and the next downstream drainage area having a drainage area of fifty acres or more. The critical capacity points shall be selected based upon the engineer's field observation, professional judgment and limited field survey data. The analysis shall identify the downstream properties pre and post -development 100 -year water surface elevations, and for any post -development water surface elevation increase exceeding 0.05 feet, the developer shall acquire the applicable offsite drainage easement to accommodate the 100 -year storm flow through impacted properties where Fulton County has completed a model of the basin, it shall be used by the developer in the analyses. e. Where storm water currently drains by sheet flow and it is proposed to be collected to and/or discharged at a point, such that the discharge from the storm water management facility outlet crosses a property line, such discharge shall mimic pre -development sheet flow conditions. A description of the method proposed to achieve post -development sheet flow conditions shall be provided as part of the Storm Water Concept Plan. Should the method to achieve sheet flow across an external property line be unsuccessful, the developer shall acquire an easement(s) from the point of discharge to a point down gradient at a live dry weather stream sufficient to contain the 25 year storm flow or other location as approved by the Director of Public Works. This condition will not apply when the storm water management facility is designed and approved to discharge directly to a stream or watercourse. REGULAR MEETING, NOVEMBER 3, 2004 90 A draft of the Inspection and Maintenance Agreement required by Fulton County Code Section 26-278 shall be submitted to the Department of Public Works with the Storm Water Concept Plan. g, The Inspection and Maintenance Agreement shall provide that all storm water management/detention facility outlet control structures shall be inspected, photographed and cleaned, if necessary, on a monthly basis, by the owner. The Inspection and Maintenance Agreement shall require that the design engineer shall prepare an operation and maintenance guidance document, for use by the owner and/or any professionals retained by the owner, to plainly describe the basic operational function of the facility(ies), including a description of a permanent marker post(s) which shall indicate that the level of sediment which, if exceeded, requires sediment removal. The Inspection and Maintenance Agreement shall require an annual operation and maintenance report for all storm water management/detention facilities be prepared by a licensed design professional and submitted to the SWMP. The annual report shall include monthly inspections, photographs, and documentation of the cleaning of storm water management/detention facilities outlet control structure(s) as well as an operational assessment of the facilities indicating that they do, or do not, function as described in the design guidance document (described above), and if they do not, a description of the specific actions to be taken to allow the facilities to function as intended. h. The required Inspection and Maintenance Agreement shall be recorded with the Clerk of Superior Court prior to issuance of an LDP, Grading Permit or Building Permit associated with the development. i. The engineer/developer is required to submit, along with the application for an LDP, signed documentation verifying approval of the Storm Water Concept Plan. Where paved parking areas (including access aisles) are proposed to exceed 5,000 square feet, the storm water management facilities shall be designed to reduce pollutants such as oil, grease and other automobile fluids that may leak from vehicles. A general description, or concept, of the storm water management facilities proposed to achieve the removal of such pollutants shall be submitted with the Storm Water Concept Plan. A detailed design of such facilities shall be included in applicable documents for a land disturbance permit. k. With the application for an LDP, provide documentation (such as channel cross- sections, centerline profile, etc.) describing the geometry of those existing natural streams, creeks, or draws within the proposed development boundary which in the design engineer's judgment are at risk of erosion due to increased flow, provide a description of the basis utilized in judging areas to be at risk, and provide details on the Storm Water Management Plan of the post -development channel bank protection measures. REGULAR MEETING, NOVEMBER 3, 2004 91 The developer/engineer shall demonstrate to the County by engineering analysis submitted with the LDP application, that the discharge rate and velocity of the storm water runoff resulting from the development is restricted to seventy-five percent (75%) of the pre -development conditions for the 1 -year frequency storm event, up to and including the ten (10) -year frequency storm event. M. Drainage from all disturbed areas shall be collected and conveyed to a storm water management facility provided as part of the development, The Storm Water Concept Plan shall identify any proposed areas with incidental and minor release of water not conveyed to such facilities, subject to the approval of the Director of Public Works. Plans for any land disturbance permit shall show all proposed drainage patterns for the proposed development after its completion. Any incidental release of unmanaged or untreated storm flows from any disturbed portion of the developed property shall be allowed only with the approval of the Director of Public Works. Other minimal incidental flows specifically approved by the Director of Public Works, bypass flows will not be permitted except from undisturbed areas within a buffer or other protected easement_ Final plans shall provide for collection, conveyance and treatment of all but approved incidental flows from developed lots or parcels, individual residences or building structures. n. Storm water management facility(ies) volumes shall be designed to achieve water quality treatment, channel protection, over bank flood protection and extreme flood protection in accordance with the Georgia State Storm water Manual, except that the duration of release for water quality treatment should be 48 hours. 04-1191 PETITION #2004U 0011 FCN, KING CIRCLE — APPLICATION OF GEORGIA MEDITATION CENTER, INC., BY SHU CHIH FAN, SEEKS A USE PERMIT FOR A MEDITATION CENTER IN AN AG -1 (AGRICULTURAL) ZONING CLASSIFICATION; ALSO SEEKS A TWO- PART CONCURRENT VARIANCE (PERMITTED WITHDRAWAL) 04-1192 PETITION #2004VC 0145 FCN, KING CIRCLE - APPLICATION OF GEORGIA MEDITATION CENTER, INC., BY SHU CHIH FAN, SEEKS A USE PERMIT FOR A MEDITATION CENTER IN AN AG -1 (AGRICULTURAL) ZONING CLASSIFICATION; ALSO SEEKS A TWO- PART CONCURRENT VARIANCE (PERMITTED WITHDRAWAL) Mark Massey, Clerk to the Commission - "Page 15. Two Related Cases. 04-1191. Case No. 2004U-0011. And 04-1192. Case Na_ 2004VC-0145. King Circle. Staff." Ms. Alice Wakefield, Deputy Director, Planning and Zoning Division - "This is a mod -- I'm sorry. This is a Use Permit for a medmeditation and worship center. The petitioner is also requesting a two-part concurrent variance, Although, the recommendation of the Community REGULAR MEETING, NOVEMBER 3, 2004 92 ORDINANCE NO. PETITION NO. ZM14-03 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO MODIFY CONDITION(S) OF A RESOLUTION BY THE FULTON COUNTY BOARD OF COMMISSIONERS APPROVING PETITION RZ04-116 ON NOVEMBER 3, 2004, PROPERTY LOCATED ON BIRMINGHAM HWY (SR 372) AND BIRMINGHAM ROAD WITHIN LAND LOTS 379, 380, 413, 414, 2ND DISTRICT 2ND SECTION CONSISTING OF APPROXIMATELY 22.3 ACRES. BE IT ORDAINED by the City Council for the City of Milton, Georgia while in regular session on June 16, 2014 at 6:00 p.m. as follows: SECTION 1. That the condition of a resolution by the Fulton County Board of Commissioners, approved on November 3, 2004, for petition RZ04-116 that approved a zoning to MIX (Mixed Use) and AG-1 Conditional property located on Birmingham Hwy (SR 372) and Birmingham Road consisting of a total of approximately 22.3 acres, attached hereto and made a part herein; SECTION 2. That the property shall be developed in compliance with the conditions of approval as attached to this ordinance. Any conditions hereby approved (including any site plan) do not authorize the violation of any district regulations; and SECTION 3. That all ordinances or part of ordinances in conflict with the terms of this ordinance are hereby repealed; and SECTION 4. This Ordinance shall become effective upon adoption by the Mayor and City Council and the signature of approval of the Mayor. ORDAINED this 16h day of June, 2014. Approved: ______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie Gordon, City Clerk (Seal) RECOMMENDED CONDITIONS Should the Mayor and City Council approve this petition, the recommended conditions (RZ04-116) should be revised to read as follows: 1. To the owners agreement to restrict the use of the subject property as follows: (a.and b; extra d. through f. see Fulton County Conditions attached) c. No more than 33 townhouse and/or single family dwelling units on 6.63 acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a maximum density of 4.98 units per acre, whichever is less. Above described acreage shall be zoned MIX (Mixed Use) Conditional. d. A 10,000 square foot day care facility on 6.63 acres within the Southeast Quadrant of the Birmingham Neighborhood Node at a maximum density of 1,508.3 gross feet per acre zoned. Above described acreage shall be zoned MIX (Mixed Use Conditional. 2. To the owner’s agreement to abide by the following: a. To the revised site plan dated June 9, 2014 October 28, 2004 (Petitions 2004Z-0116 NFC and 2004Z-0043 combined) submitted to the Department of Environment and Community Development. Said site plan is conceptual only and must meet or exceed the requirements of the Zoning Ordinance Resolution and these conditions prior to the approval of a Land Disturbance Permit. Unless otherwise noted herein, compliance with all conditions shall be in place prior to the issuance of the first Certificate of Occupancy. (b. see Fulton County Conditions attached) 3. To the owner’s agreement to the following site development considerations for townhouse units: (a. and b. see Fulton County Conditions attached) c. To require conformance with the Georgia Department of Transportation (GDOT) requirements. No more than one (1) exit/entrance on the west side of Birmingham Highway. Curb cut location and alignment are subject to the approval of the Fulton County Traffic Engineer. (d. and e. see Fulton County Conditions attached) f. Front Yard Setback: 10 feet g. Rear Yard Setback: 10 feet h. Height: There shall be a maximum height limit of two stories with the maximum height of 28 feet from average finished grade to the bottom of the roof eave. i. A minimum of 80% of common wall shall be contiguous with each adjoining unit. j. Units shall be rear entry access via alley ways. 4. To the owner’s agreement to abide by the following requirements, dedication, and improvements: (a. through h. see Fulton County Conditions attached) i. Dedicate at no cost to the City of Milton or Georgia Department of Transportation (GDOT) prior to the approval of a Land Disturbance Permit, sufficient land as necessary to provide the following: i. Provide at least 35 feet of right-of-way from the centerline of SR 372/Birmingham Hwy along the entire property frontage or as may be required by GDOT. ii. Provide bicycle and pedestrian improvements along entire property frontage of SR 372/Birmingham Hwy and Birmingham Rd according to cross sections in Chapter 48 Streets, Sidewalks and Other Public Places of the City of Milton Code of Ordinances and as approved by the City of Milton Public Works Department. iii. Provide a 50 foot wide pedestrian easement free of any structures or above ground utilities for future pedestrian inter- parcel access on the east property line on land lot 413 as required and approved by the City of Milton Public Works Department. j. Access to the site and installation/modification of transportation infrastructure shall meet City of Milton Code of Ordinances and AASHTO guidelines and subject to the approval of the GDOT and the City of Milton Public Works Department, prior to the issuance of a Land Disturbance Permit. At a minimum, provide: i. SB left turn lane on SR 372 at new access drive ii. WB left turn lane on Birmingham Road iii. EB deceleration lane on Birmingham Road iv. Entrance driveways shall provide a minimum of 100 feet or the 95% queue length, whichever is greater, of uninterrupted access. This distance shall be measured from the edge of the thru lane on Birmingham Hwy and Birmingham Rd to the edge of any interior drive aisle or parking space. v. Entrance improvements on Birmingham Rd shall be directly across from Publix Shopping Center existing driveway. k. Cross parcel access to the adjacent commercial tract to the north should be provided through the commercial areas. Convert the public access right of way between the residential lots 17-30 to private alley. l. Eliminate the public right of way on all alleys. m. Provide adequate sight distance at all intersections, eliminate on street parking as necessary. n. All street improvements shall extend across the entire street frontage. Sufficient right of way shall be dedicated to ensure that all improvements are contained within the right of way. o. Provide a minimum right of way of 1’ behind the proposed sidewalk throughout the development. p. Provide a minimum of 4” granite curb on the typical section. Eleven and half (11.5) foot lane width is measured from the face of the curb. 5. To the owner’s agreement to abide by the following: (a. through n. see Fulton County Conditions attached) o. The stormwater management facilities shall utilize earthen embankments, where possible. Walled structures are not encouraged. If walled structures are proposed, they must meet the acceptable design standards of the City of Milton Department of Community Development and the Department of Public Works. i. Side slopes for the stormwater management facility shall be no steeper than 4:1 unless otherwise approved by Public Works Director. p. Owner shall be required to develop a stormwater management plan to maintain water quality and rate of runoff to protect neighboring persons and property from damage or loss resulting from excessive stormwater runoff, pollution, soil erosion or deposition upon private property or public streets or water transported silt and debris. Owner shall be required to have an approved stormwater concept plan prior to submission of a land disturbance permit application. 6. To the owner’s agreement to the following site development considerations: a. Single family detached lots shall provide: i. Front Yard Setback: 10 feet ii. Side Yard Setback: Minimum 0 feet with a 10 foot building seperation iii. Rear Yard Setback: 10 feet iv. Minimum Lot Width: 35 feet v. Minimum Lot Frontage: 35 feet vi. Height: There shall be a maximum height limit of two stories with the maximum height of 28 feet from average finished grade to the bottom of the roof eave. vii. Units shall be rear entry access via alley ways b. At which time that 50 percent of the residential units are issued a Certificate of Occupancy, those areas shown as commercial on the revised site plan submitted on June 9, 2014, a planting plan shall be provided to the City Arborist to be approved for installation. The maintenance of the landscaping shall be the responsibility of the property owner of those commercial parcels. At such time that 75 percent of the residential units are issued a Certificate of Occupancy, those areas shown as commercial on the revised site plan submitted on June 9, shall commence construction. c. Provide a village green on the south side of Birmingham Road and west of the primary entrance off of Birmingham Road. It shall be a minimum of 50 feet in width and a minimum of 13,000 square feet in area. d. Provide internal pedestrian trails within the MIX and AG-1 districts to provide future connection with Birmingham Park. 7. To the owner’s agreement to the following architectural requirements for residential structures: a. Architectural elevations shall be reviewed and approved by the City Architect prior to the issuance of a building permit. These structures shall be consistent with consistent with the Characteristics of the Northwest Fulton Crossroads Community (Sec 64-1150) (In the future will be referenced as the “Rural Milton Overlay”) and provide 360 degree architecture. i. Design and architecture shall be consistent with the attached illustrations/elevations received June 9, 2014 by the City of Milton Community Development Department. b. Single gable or hip front (primary) building mass, with subordinate secondary mass, separate carriage house mass. Queen Anne "L" shaped roof mass is acceptable. Forms should reflect importance of function, i.e. primary mass should have taller ceilings and windows than carriage house; fenestrations (windows and doors) should be of noble size and proportion on primary mass. c. Design should be based on Vernacular forms. See illustrations attached. I-houses are particularly appropriate to the area. Acadian influence can be seen in local examples (Hopewell House). Acceptable styles include Vernacular and Queen Anne. Ornamental elements if used at all, should be used with restraint (Federal, Greek Revival, Carpenter Gothic, and Folk Victorian). d. Row houses should be of uniform character and finish, and aligned at the front (The Old Bricks, Roswell). Exuberant expressions should be avoided and instead compositions that are harmonious, beautifully proportioned and detailed should be utilized. e) Porch elements should face streets and public ways and spaces. i. Porch element may also be used within the rear yard. They are usually subordinate to the primary building mass, but sometimes are located within the mass (Hopewell House, Hembree Farmhouse). ii. Front porches should have a wooden porch floor system and shall have an open crawl space. iii. Porches shall be a minimum of eight feet in depth. iv. Porches shall be on a majority of the front elevations. v. Porches shall be supported on 18” masonry piers. f) Corner lots shall have side porches and designed with recesses and projections as to discourage a single plane or wall. g) Windows and doors (fenestration) should be of vertical proportions, both in terms of actual jamb openings and individual pane size. i. Panes should be of similar proportions on the same building, roughly, the Golden Mean. ii. Front doors with sidelights may be an exception. Greek revival fret transoms and sidelights may be an exception. iii. Windows must be of similar sizes and generally not ganged. iv. Transom windows are prohibited apart from doors, and should never be used over windows. v. Shutters shall be authentic, fully operable and capable of totally closing on the window sash. h) Chimneys should be expressed in brick, external to the building mass and centered on gables. i) Exterior trim shall be of local historic character. i. Authentic, flat casings (full 2x4), restoration sills, full 2x corner boards, cornice assembly of 5/4 and 2x members, authentic sash windows with SDL's or TDL's, solid wood posts that are chamfered, and thick lap siding (Artisan series Hardie) are required on clapboard structures. ii. Metal screen and slot vents are not allowed. j) Wall finishes shall conform to the following. i. Authentic Board and batten may be used on secondary masses. ii. Flat panel materials with applied batons are not allowed. iii. Wood mold brick of reddish brown local historic color, with little variation. Mortar may be river sand to clay in color. iv. Wall finishes on sides of buildings seen from a public road shall be the same on all visible sides v. Typically, brick is used on commercial buildings and row houses, but is also acceptable on houses as approved by the City Architect. vi. No more than 3 different exterior wall materials. k) Poured concrete as a finish may be acceptable with permission of the City Architect. l) Roofs should be gabled with slopes from 6:12 to 10:12. i. Materials should be shake, wood shingle, or standing seam paint grip galvanized metal. ii. Gutters and downspouts to be 1/2 round and round in paint grip galvanized metal. m) Exterior light fixtures and door hardware to be industrial/rural in character or as approved by the City Architect. n) Landscape should be historic. i. Plant materials should be native and/or historic. This includes boxwoods, perennials, herbs, fragrant shrubs, and native trees. ii. Hardscape materials include gravel, brick, or crushed stone with steel, brick, native rocks, or granite edgings. iii. Stone walls and picket type fences should be randomly introduced, with a mix of materials and design. o) Prohibited materials and techniques, general: EIFS (exterior insulation finishing systems) plastic, GBG's (grill between glass), aluminum exterior railing systems, vinyl coated products, brick foundation that protrudes outside of the framed wall above, direct vent fireplace systems, chimney shrouds. p) Stove pipes of adequate size are allowed. q) Materials on the same form shall not be varied. REVISED SITE PLAN RECEIVED ON JUNE 9, 2014 70 RECEIVED JUN 4 9 2014 CITY OF MILTON COMMUNITY DEVELOPMENT 2:14140*03 •,r�rKim REGEIVIE D JUN 4 9 2x14 CITY OF MILTON COMMUNITY DEVELOPMENT ZM 14- 40 3 RECEIVE® JUN Q 9 2014 CITY OF MILTON COMMUNITY DEVELOPMENT ?M 14.0-5 In PIE 7 m 11KNO BAN-, RECEIVED JUN 49 2014 CITY OF MILTON COMMUNITY DEVELOPMENT Z M Iq -03 =2 RECEIVED JUN 0 9 2014 CITY OF MILTON COMMUNITY DEVELOPMENT Zm lq-03 JOSSINEWWRa,, -r Illy. r ri ;r RECEIVE® JUN U 9 2014 CITY of MILTON COMMUNITY DEVELOPMENT zMw-03 x„ r 1z, _:�D -- � 9w:R - RECEIVED JUN 4 9 2014 CITY OF: MILTON COMMUNITY DEVELOPMENT Y �I RECEIVED JUN 4 9 2014 CITY OF MILTON COMMUNITY DEVELOPMENT zpm.lq.,0,3 ►EIVE© 4 9 2014 F IWILTON DEVELOPMENT I4-03 FIN 110 11 ull 11111011 mirl 4 s it t f Irl. � ,l ► � � �l ..Eti r?',r� � sivv� z .►�>t I6< <Elhr`�,j .� . RECEIVE® JUN 0 9 2014 CITY OF MILTON COMMUNITY DEVELOPMENT Z M 14,,0 3 MI -03 RECEIVED JUN Q 9 2014 CITY CJF MfLTQN COMMUNITY DEVELOPMENT h41, tit -RECEIVED JUN o 9 2014 CITY OF gill.-FCN COMMUNITY DEVELOPMENT M Iq .. t) 3 I FHH+HF+W �®r Idy of r h :h v 3A L ZMl4-a3 RECEIVED AJN 0 9 2014 CITY OF WHL f ON COMMUNITY DEVELOPMENT 0 HOME OF' ESTAM ISHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 4, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ13-22 - To Amend Chapter 64, Article VII, Division 6 Northwest Fulton Overlay District. MEETING DATE: Monday, June 16, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: 6AAPPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ` YES O NO CITY ATTORNEY REVIEW REQUIRED: () YES () NO APPROVAL BY CITYATTORNEY U APPROVED PLACED ON AGENDA FOR: N/ lw /l y REMARKS () NOT APPROVED 10.* Yount PHONE: 678.242.25001 FAX: 678.242.2499 Green ap ; Certified i Op t0° info@cltyofmiltonga.us I www.cityafmiltonga.us Community CS 13000 Deerfield Parkway, Suite 107 J Milton GA 30004 cam` To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted June 11, 2014 for the June 16, 2014 Regular Meeting (June 2, 2014 First Presentation and June 9, 2014 for Council Work Session) Re: Consideration of RZ13-22, RZ14-01, RZ14-02, RZ14-03, RZ14-04 – Text Amendments Department Recommendation: The Community Development Department recommends approval of the proposed text amendments as discussed below. Executive Summary: Staff has provided “clean copies” of each of the text amendments for your final review. Below is a summary of questions and comments from the June 9, 2014 Council Work Session with the Community Development Staff’s responses organized by each text amendment. RZ13-22 – Northwest Fulton Overlay District 1) Race Track – Page 5 (Allowed Use Chart) The Council asked Staff if there was a definition for “Race Track”. Currently there is not one in the Zoning Ordinance. The Use Permit appears to address race tracks for both animals and vehicles. Staff has proposed the following new definition that will be included in RZ14-01 Definitions. “Race track means the use of a course devoted to the racing of motor and non-motorized vehicles or animals, and all improvements normally associated with racing such as off- street parking, patron seating, concessions, and a fixed race track.” 2) There was discussion regarding whether additional requirements for building components and fencing were too restrictive. Below are lists of the items that are currently included in the text amendment: Page 7 - Sec.64-1141(6) a. – The following building components shall be prohibited: metal gates, burglar bars, chain link fence, metal roll down curtains. 2 Page 7 - Sec. 64-1141(7) – Fencing and height. 1. In yards adjacent to an exterior street an equestrian fence is required. 2. Fences in yards adjacent to an exterior street shall not exceed 60 inches from finished grade. 3. Retaining walls shall be constructed of block or poured concrete with natural stone veneer or solid stucco and brick only. If viewed from the street, wall s shall provide a 360 degree veneer as described above. Retaining walls above three feet high shall have a continuous planting of evergreens. 4. Opaque fences are prohibited in yards adjacent to an exterior street. RZ14-01 – Definitions 1) Fence, Equestrian Page 12 - Staff replaced “be a minimum of” with “ not exceed” to be consistent with other parts of the Zoning Ordinance regarding height. 2) Race Track Page 28 - The following definition for “Race Track” has been provided based on Council’s discussion. “Race track means the use of a course devoted to the racing of motor and non- motorized vehicles or animals, and all improvements normally associated with racing such as off-street parking, patron seating, concessions, and a fixed race track.” RZ14-02 – Administrative Permits and Use Permits There are no additional changes to this text amendment. RZ14-03 – New Use Permit for a Rural or Agricultural Event Facility 1) Hours of Operation Page 1 – The Council requested more flexible hours of operation. Staff has combined Sec. 64-1842 (b) (6) and (7) into a new (6) to read as follows: (6) The maximum number of attendees and hours of operation will be evaluated by the Mayor and City Council on a case by case basis for each site to protect the public’s health, safety and welfare. RZ14-04 – New Use Permit for an Artist Studio 1) The Council discussed whether the two person limit, including the resident, was too restrictive. They suggested that it should be considered on a case by case basis depending on the size of the parcel and location in relation to other types of uses. 3 Page 1 - Staff has proposed the following edit for 3.b. to read: 3.b. The number of employees who can work on the premises shall be determined by the Mayor and City Council. When evaluating the proposed number of employees, the size of the property and buildings shall be considered in proportion to the number of proposed employees and/or adjacent uses. 2) The Council discussed whether a studio may be located within an accessory structure only where the property exceeds three acres in size. They suggested that it should be considered on a case by case basis depending on the size of the parcel and the size of the accessory structure. Page 2 – Staff has proposed the following edit for 3.d. to read: 3.d. The minimum lot size for a studio to be located within an accessory structure shall be determined by the Mayor and City Council. When evaluating if a studio can be located within an accessory structure, the size of the property in proportion to the size of the accessory structure shall be considered. 3) The Council requested that Staff consult with Michael Dillon to determine if the proposed development standards would be compatible with his Artist Studio. Staff did speak to Lauren Dillon and she indicated that the proposed development standards could be met with the current conditions of the property and operations. Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may approve the amendment as proposed and/or recommend further amendments to the text amendments discussed. Legal Review: Paul Frickey - Jarrard & Davis (March and May, 2014) Concurrent Review: Stacey Inglis, Assistant City Manager City Arborist and Transportation/Stormwater Engineer Attachment(s): Text Amendments and Ordinances for RZ13-22, RZ14-01, RZ14-02, RZ14-03, RZ14-04 STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ13-22 AN ORDINANCE TO AMEND ARTICLE VII, DIVISION 6, NORTHWEST FULTON OVERLAY DISTRICT OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on June 16, 2014 6:00 p.m. as follows: SECTION 1. That the amendment of Article VII, Division 6, Northwest Fulton Overlay District of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 16th day of June, 2014 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 1 of 38 6/13/2014 DIVISION 6. RURAL MILTON OVERLAY ZONING DISTRICT Subdivision I. - In General Sec. 64-1119. Purpose and intent. (a) The Rural Milton Overlay District including Birmingham Crossroads applies to all properties within the boundaries of the city as described in the attached map. The mayor and city council finds that historic rural areas and their scenic surroundings are important cultural, recreation and economic assets critical to the public's long-term interest and hereby declares it to be the purpose of this division to recognize and to establish a procedure to protect and plan for the city’s crossroads communities. The intent of this division is: (1) To develop guidelines for the preservation and perpetuation of a rural crossroads community which includes Birmingham Crossroads, agricultural related uses, residential development and existing commercial zoning districts within the Overlay District based on the description and analysis of their setting; (2) To preserve the integrity of the area, which developed during the late 19th century and early 20th century, through architectural design interpretation and application; (3) To preserve and protect the rural, agrarian and equestrian character of crossroads communities and their surrounding areas; (4) To preserve and to ensure the harmony and compatibility of the character of the area including its physical appearance, natural setting and informal landscaping especially along the rural viewsheds, including the implementation of the Milton Trail Plan; (5) To be aware and respectful of the environment's natural resources and visual qualities; (6) To preserve open space; (7) To preserve, encourage and promote, through the built environment, the sense of place, the sense of ownership, the sense of identity, the sense of evolution and the sense of community present in the area; (8) To ensure existing design characteristics of the crossroads and surrounding areas serve as a standard against which plans for new construction will be judged for harmony compatibility and appropriateness; (9) To encourage and ensure that development that is contemporary in design and materials compliments and is compatible and sensitive with the existing character of the area through its proportion, scale, design, style, placement, position and architectural qualities; RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 2 of 38 6/13/2014 (10) To develop a community setting that has individuality and is unique and does not imitate building types or styles unrelated to these crossroads community; (11) To provide for the construction of buildings and spaces that is human in scale, welcoming and approachable; (12) To encourage containment of existing commercial areas, to provide for transition between commercial areas and residential areas and discourage encroachment of the commercial areas into the residential areas; and (13) To promote sustainable development. (b) This division is adopted as part of a strategy designed for the purpose, among others, of preserving and protecting these areas and enhancing their important aesthetic appearance through regulatory measures, while advancing community development goals, promoting economic development and substantially protecting and promoting health, safety, order, prosperity and general welfare of the city's citizens. (c) Included within the scope are regulations governing the location of buildings on the site, the design and material of buildings and other structures, landscaping and screening provisions, pedestrian circulation and other items. Whenever provisions in this division conflict with any other articles in this zoning ordinance, or other city ordinances, or regulations, the stricter of the two provisions shall prevail. Sec. 64-1120. Design review board. (a) Composition. The City of Milton Design Review Board (DRB) shall consist of a seven-member board of residents, land owners, business owners, professional architects or land planners, who either maintain primary residences or businesses or own land in the city. (b) Appointment; term. Members of the city design review board shall be nominated by the mayor and district councilperson and approved by the city council. Members shall serve concurrently with the mayor and council's terms. (c) Elections; meetings. Members of the city design review board will elect a chairman and a vice- chairman. Meetings will be conducted in accordance with the latest edition of Robert's Rules of Order. (d) Review; recommendations. The city design review board shall review for compliance with the standards herein and shall make recommendations to the community development department prior to the approval for the following: i. building permits for commercial structures; ii. building permits for office structures ; RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 3 of 38 6/13/2014 iii. building permits for institutional structures; iv. building permits for multi-family residential dwelling units; v. building permits for townhouse, duplex, triplex, quadplex dwelling units; vi. building permits for accessory structures vii land disturbance permits except for single family residential; viii. primary variance requests; ix. rezoning requests; x. use permit requests; RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 4 of 38 6/13/2014 Sec. 64-1121 – Allowed Use Chart - The following chart identifies uses and their assigned categories. These uses are allowed by right (with asterisks) or required by use permit. It is the intent that some types of uses must comply with certain development standards outlined in the Rural Milton Overlay District. Commercial Type Uses Agricultural Type Uses Institutional Type Uses Non Single Family Uses Single Family Uses Aircraft Landing Area Agricultural related activities Assisted living, personal care home Apartments Single Family homes* Amphitheatre Artist Studio Daycares related to church/school Country Inn Accessory structures to the SFR* Bed and Breakfast Barns or riding areas* Medical lodging, group residences Townhouses/Two family* Senior Housing (SFR) Driving Range Cemetery & Mausoleum Museums Senior Housing (MFR) Mobile homes, accessory dwelling (To be used as temporary dwelling while permanent structure is built.) Exotic or Wild Animals Composting Places of worship Group residence for 5-8 children Festivals or Events, outdoor/indoor Equine garment fabrication Schools, private/special Greenhouses – Hydroponic , larger than 5,000 square feet* Greenhouses* RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 5 of 38 6/13/2014 Commercial Type Uses Agricultural Type Uses Institutional Type Uses Non Single Family Uses Single Family Uses Group residence for 9-15 children Lodge, retreat, or campground Kennel* Quarries & Surface Mining Landfill, inert waste disposal Roadside Stands* Landfill, solid waste Rural or Agricultural Event Facility Landscape Business Medical Related Lodging Race Track Recreational Fields Self Storage/multi Sky Walk Stadium (off-site) associated with private school Uses within the C-1, C-2, O-I Zoning Districts* Veterinary, Veterinary hospital* *Allowed by right within zoning district. Secs. 64-1122—64-1139. Reserved. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 6 of 38 6/13/2014 Subdivision II. Development Standards Sec. 64-1140. Established. This subdivision establishes standards for elements of the overall site and of the buildings which affect the character of the district such as: landscaping, fencing, lighting, building size, orientation, scale, setback, parking, building design, building material, building components, signs, and color. Sec. 64-1141 - Single Family Type Uses. (1) Landscaping. a. Rural Viewshed i. Provide a 40 foot undisturbed buffer and an additional 20 foot no improvement setback for single family lots adjacent to exterior streets. Where sparsely vegetated, replant the undisturbed buffer in a natural fashion, per the approval of the City Arborist. Submit landscape plan to Arborist for the preservation of the rural view shed. ii. For structures located on lots adjacent to a rural viewshed, architectural elevations shall be reviewed and approved by the City Architect prior to the issuance of a building permit. These structures shall be designed with 360 degree architecture and shall meet the intent of Section 64-1155. b. Clear cutting is prohibited, however, land clearing, timber harvesting, tree farming and agricultural clearing may be allowed within the context of a development clearing permit. c. No removal of protected trees (Chapter 60, Article II) is permitted on the site prior to the issuance of a land disturbance permit, building permit, development clearing permit, or tree removal permit. (2) Stormwater management facilities a. All facilities shall be in compliance with the Stormwater Management Manual (Chapter 20, Article IV of the City Code). b. All facilities shall be designed to create a natural look. c. Stormwater better site designs and nonstructural stormwater management practices shall be used whenever possible. d. All detention facilities shall have a minimum ten-foot wide landscape strip planted to buffer standards with evergreen plantings exterior to any required fence and or required access area. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 7 of 38 6/13/2014 e. Detention facilities shall be located in the least conspicuous area of the site as engineering standards will allow. f. The creation of shared stormwater management facilities are encouraged. (3) Height. a. There shall be a maximum height limit of two stories with the maximum height of 28 feet from average finished grade to the bottom of the roof eave. (4) Barrier Free Housing. a. Incorporate universal design elements whenever possible such as one zero step entrance, main floor doorways of at least 32 inches of clear passage space, and a bathroom on the main floor in all new homes. (5) Lot Coverage. a. Lot coverage shall not exceed 20 percent for each individual lot except those lots within the Birmingham Crossroads Overlay District. (6) Prohibited building components. a. The following building components shall be prohibited: metal gates, burglar bars, chain link fence, metal roll down curtains. (7). Fencing and height. a. In yards adjacent to an exterior street an equestrian fence is required. b. Fences in yards adjacent to an exterior street shall not exceed 60 inches from finished grade. c. Retaining walls shall be constructed of block or poured concrete with natural stone veneer or solid stucco and brick only. If viewed from the street, walls shall provide a 360 degree veneer as described above. Retaining walls above three feet high shall have a continuous planting of evergreens. d. Opaque fences are prohibited in yards adjacent to an exterior street. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 8 of 38 6/13/2014 Sec 64-1142 Requirements for Commercial and Non Single-Family Type Uses (1) Landscaping. On property with commercial or non-single family type uses, thereon, landscaping should be compatible in form, style and design with the natural setting and informal landscaping present in the area and on the site before development. Landscaping should also be used as a buffer to screen a development from adjacent residential and agricultural uses. In addition, such property shall comply with the following: a. Streetscape and landscape strips. 1. All properties shall provide a minimum ten-foot-wide strip along all public streets. The ten-foot-wide strip shall be planted with a minimum 2½ inches to three inches caliper hardwood over-story. Additional over-story trees are encouraged. The ten-foot-wide strip may be developed either (see section 64-1142(2) b. for additional landscape and screening requirements): i. With hardscape elements such as plazas, planters, benches, fountains and tables in addition to the required hardwood trees; or ii. With landscape elements consisting of 60 percent coverage in trees and shrubs and 40 percent coverage in grass and ground cover pursuant to this zoning ordinance, and the city tree protection ordinance (chapter 60); or iii. With a combination of both landscape and hardscape elements. 2. Cluster planting is encouraged, however at a minimum, trees shall be planted in the center of the landscape strip at a maximum distance of every 20 feet on average. Street trees are required to be planted at 1 per 30 feet. They may be planted in clusters per the City Arborist. 3. Specimen trees, as described in the city tree protection ordinance (chapter 60), located within the minimum front yard shall be preserved. 4. A strip shall be planted with grass or sod between the back of curb or swale and the sidewalk or the Milton Trail per the applicable city code. b. Parking lot landscape islands. 1. There shall be a minimum ten-foot-wide landscape island at the end of each parking bay. 2. There shall be a ten-foot-wide landscape island for every 72 feet of double row length or 90 feet of single row length of parking spaces. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 9 of 38 6/13/2014 3. Landscape islands shall include one over-story shade tree per 180 square feet of landscape island area. 4. Location of interior landscape islands shall vary from row to row to avoid a grid pattern and rectilinear layout. c. Landscape buffers 1. For sites on four acres or less, a 50-foot-wide undisturbed buffer or alternative screening design, with a ten-foot improvement setback, shall be located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. 2. For sites on more than four acres, a 75-foot-wide undisturbed buffer or alternative screening design, with a 10-foot improvement setback, shall be located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. 3. To make buffers seem natural, an equal mix of three species shall be used. d. Property owners are encouraged to develop a green space for recreation and public enjoyment. e. Clear cutting is prohibited, however, land clearing, timber harvesting, tree farming and agricultural clearing may be allowed within the context of a development clearing permit. f. No removal of protected trees (Chapter 60, Article II) is permitted on the site prior to the issuance of a land disturbance permit, building permit, development clearing permit, or tree removal permit. (2) Screening and fencing. Landscaping and fencing materials on property with commercial or non-single family uses thereon, should be used to minimize visual and noise impact of parking, loading areas, detention ponds, stormwater management facilities, and accessory site features as set forth herein. a. All loading spaces shall be screened from view of any public street by either: 1. A 15-foot-wide landscape strip planted with a continuous hedge of evergreen shrubs; or 2. Incorporated into the principal building. Shrubs shall be moderately growing, be a minimum height of 3½ to four feet at time of planting, and reach a height of six feet within two years of planting. b. All parking lots shall be screened from view of any public street by a 15-foot-wide landscape strip planted to buffer standards. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 10 of 38 6/13/2014 Plants shall be a minimum height of 3½ to four feet at time of planting, and such plants shall reach a height of six feet within two years of planting (see section 64- 1142 (1) a.) for additional landscape and screening requirements). c. Refuse areas (dumpsters) shall be placed in the least visible location from public streets, and shall be enclosed pursuant to rules of the Fulton County Health Department. Enclosures must be constructed of the same exterior wall material used for the building. The enclosure shall be a foot higher than what is contained in the interior. The door enclosing the refuse area shall be constructed out of an opaque non-combustible material and appearance must be consistent with the prevailing architecture . d. Accessory site features, as defined in each zoning district of this zoning ordinance, shall be placed in the least visible location from public streets, and shall be screened from view of any right-of- way or any property zoned, used, or developed for residential uses, including the AG-1 zoning district, by one of the following means: 1. Placement behind the principle building; or 2. Erection of a 100 percent opaque fencing, around the entire accessory structure which must be constructed of the same type of exterior material used for the building; or 3. By a vegetative screening, which shall consist of evergreen shrubs, be 3½ to four feet at time of planting, and reach a height of six feet within two years of planting. e. Drive-throughs are prohibited. (3) Stormwater management facilities a. All facilities shall be in compliance with the Stormwater Management Manual (Chapter 20, Article IV of the City Code). b. All facilities shall be designed to create a natural look. c. Stormwater better site designs and nonstructural stormwater management practices shall be used whenever possible. d. All detention facilities shall have a minimum ten-foot wide landscape strip planted to buffer standards with evergreen plantings exterior to any required fence and or required access area. e. Detention facilities shall be located in the least conspicuous area of the site as engineering standards will allow. f. The creation of shared stormwater management facilities is encouraged. (4) Fencing and height. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 11 of 38 6/13/2014 a. In yards adjacent to an exterior street an equestrian fence is required. b. Fences in yards adjacent to an exterior street shall not exceed 60 inches from finished grade. c. Retaining walls shall be constructed of block or poured concrete with natural stone veneer or solid stucco and brick only. If viewed from the street, walls shall provide a 360 degree veneer as described above. Retaining walls above three feet high shall have a continuous planting of evergreens. d. Opaque fences are prohibited in yards adjacent to a public street. (4) Pedestrian safety Construction of sidewalks and pedestrian amenities on property with commercial or non-single family uses thereon should encourage and promote walking to a development and within a development. The placement of sidewalks, pedestrian amenities, and the Milton Trail (See Chapter 48, Article VIII of the City Code) should contribute to the sense of place of the community. Sidewalks shall be constructed along public road frontages and at least a five-foot landscape strip shall be planted between the roadway or curb and the sidewalk or the Milton Trail, whichever applies. The sidewalk shall be set back from the back of curb the maximum distance allowable within the right-of-way. a. Mandatory requirements; pedestrian path design standards. 1. Proposed developments shall have a pedestrian network. 2. Paths shall comply with any applicable Americans with Disabilities Act standards for slope, width, texture, level differences, and ramps. 3. Paths shall be a minimum of five feet in width. 4. Paths shall be clearly identified through painting, signage and texture change. 5. In order to facilitate travel, paths shall not be obstructed by any object or structure. 6. Paths shall be designed to minimize direct auto-pedestrian interaction. 7. Paths shall be connected to signalized crosswalks, where applicable. 8. Paths shall be a direct and convenient route between points of origin (i.e., bus stop) and destination (i.e., shop, bank, etc.) with the following exception: sidewalks and paths may meander to protect and maintain mature trees and other permitted landscape features. Meandering sidewalks are discouraged. 9. Internal walkways (paths) shall be constructed connecting the public sidewalk along the street to the main entrance of the principal use of the property. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 12 of 38 6/13/2014 10. Pedestrian paths shall be colored and/or textured walkways or sidewalks. b. Encouraged elements; pedestrian paths and public spaces. 1. To increase safety, grade separation is encouraged between pedestrian paths and motor vehicle access areas. 2. Paths are encouraged to be built alongside interesting and inviting features. Street furniture is encouraged to be located adjacent to any path. Street furniture includes, but is not limited to, benches, pedestrian scale lighting, trash receptacles, dog rubbish receptacles, and ganged mailboxes. 3. Community public spaces that promote gathering and have a park like design with streetscape and hardscape elements are encouraged. 4. Paths are allowed to perpendicularly cross landscape strips. 5. Granite curbing is preferred over other types of curbing. (5) Site lighting for parking lots, pedestrian paths and public entrances. Lighting on property with commercial or non-single family uses thereon should be compatible with the rural and historic setting of Milton. Lighting should be minimal while at the same time ample enough for safety and night viewing and be in compliance with the Night Sky Illumination (Chapter 64, Article II, Division 7). a. Parking lot lighting shall meet the following minimum standards: i. Light poles shall not exceed a height of 20 feet from finished grade. ii. Light poles shall not be allowed in tree islands. iii. Bases of light poles shall be compatible with the design of the primary building. iv. Parking lot light fixtures shall have the light cut off below 90 degrees and the beam shall be cut off at 75 degrees. v. Light pole arm styles shall be either Shepherd's Crook or Acorn. b. Pedestrian lighting shall meet the following minimum standards: i. Light poles shall not exceed a height of 15 feet from finished grade. ii. Light pole styles shall be either Shepard's Crook or Acorn. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 13 of 38 6/13/2014 c. Light poles shall include a taper, either in their transition downward from post to decorative shaft (base), or upward to ballast housing, or both. d. Shoe box and cobra styles are prohibited for light poles. e. Building-mounted lighting fixtures shall have a 45 degree light cutoff. f. All exterior lighting in publicly accessible locations shall be architecturally decorative with a historic style. g. Neon lighting is prohibited. h. Light housings and posts shall be a dark color/material and be nonreflective. i. Exterior lighting shall not exceed two-foot candles. (6) Building size, orientation, setback, height, scale and parking. The design and layout of a commercial or non-single family development should build upon and complement the design of crossroads communities as opposed to creating a new one. The size, orientation, setback and scale of buildings are integral elements of crossroads communities. A building's orientation and placement should complement and relate to adjacent buildings, structures and properties. The placement of buildings should create an informal grouping and relationship between them as opposed to being orderly and uniform. The location of a building should take into consideration its rural surrounding and take advantage of this by maintaining open views and spaces. Buildings should be in proportion, in scale and characteristic to their rural and natural setting. The building design and material should contribute to the style and feeling of its rural surrounding. The visual impact of parking should be minimized by placing it to the rear and by screening. Accessory structures such as outparcel buildings, accessory structures, fences and walls shall have architectural features and exterior materials consistent with the principal building and are not required to meet the requirements except for height listed in Sec 64-1142 (5). All structures shall be subject to review by the City Architect prior to Design Review Board submittal. Such developments shall comply with the following. a. Building Size. i. On a development of four acres or less, the maximum building size shall be 20,000 square feet. If two or more buildings are built, the total size of all buildings shall not exceed 25,000 square feet, no single one of which shall exceed 15,000 square feet. ii. On developments larger than four acres, the maximum building size shall be 25,000 square feet. iii. A group of two or more buildings that share at least one contiguous wall will be considered as one building. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 14 of 38 6/13/2014 b. Orientation. i. Buildings shall be oriented to a public street. An entrance to a building should be located on the side of the building facing a public street. ii. Accessory structures shall be located so as to be least visible from a public street position and shall conform to the setbacks for the district standards. iii. Driveways shall be perpendicular to the street. c. Setbacks. i. For all property and lots located adjacent to public rights-of-way and 400 feet or less from an intersection, buildings except for accessory structures shall be setback no more than 20 feet from the edge of the required landscape strip or easements. This 20-foot front yard area may be developed with a combination of landscape and hardscape elements, such as plazas, fountains, benches, and tables. Additional shade tree plantings are encouraged within public gathering places and alongside pedestrian paths. Buildings shall have varying setbacks to create the informal crossroads community setting. ii. For all property and lots located adjacent to public rights-of-way and more than 400 feet from an intersection, buildings except for accessory structures shall be set back no more than 30 feet from the edge of the required landscape strip or easements. This 30-foot front yard area may be developed with a combination of landscaping and hardscape elements, such as plazas, fountains, benches, and tables. Additional shade tree plantings are encouraged within public gathering places and alongside pedestrian paths. iii. Buildings within a development shall have a minimum 20-foot separation between buildings. This area shall be developed as greenspace or with a combination of hardscape and landscaping. iv. If a building in a development cannot front a public street and meet the requirements of this article because other buildings are located there and no more space is available along the public street, then the building can front on an internal street in the development. The standards in this article regulating a building's position and relation to the street apply to a building fronting an internal street. The internal streets will also have to meet the standards specified for the public right-of-way, including landscape and streetscape requirements. d. Height. i. Maximum building height shall be two stories with the maximum height of 30 feet from average finished grade to the bottom of the roof eave. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 15 of 38 6/13/2014 e. Scale. For every 80 feet of building length on a single face, there shall be variation in the exterior or as approved by the City Architect accomplished through the following means: i. For each 80 feet of building exterior wall, the building exterior and roof shall be offset by a minimum of ten feet. Overhangs and roof lines shall follow the building's location. ii. For each 80 feet of building exterior wall, there shall be a change in details, or patterns or materials. f. Parking. i. Parking shall be shared among users within a common development. Parking shall be reduced according to the shared parking standards established in section 64-1411. Additional reduction in the number of parking spaces is encouraged. ii. All parking spaces built in excess of the minimum number required by the city zoning ordinance, shall be constructed of pervious material. iii. No on-site parking shall be located to the front of a building or between a building and the public right-of-way (see section 64-1141(2)a.) regarding landscaping if parking is in view from the right-of-way). Parking shall be located adjacent to internal streets, not a public right-of- way. iv. If an internal street is developed for use by the general public, one row of parallel or diagonal parking is allowed between the street and the curb. (7) Building and other structure design. Construction of buildings in styles and types not found in Milton shall be avoided. Modern style using traditional elements and the reinterpretation of a style rather than the mimicking of a style is encouraged. Exaggerated or excessively large or small architectural elements should be avoided. Elements should be in proportion with the overall building. In addition, buildings should reflect a specific style and not mix elements of different styles. The design and architectural elements of the buildings should be compatible to those of the area. In Milton, commercial buildings are built at the intersections of two major roads in a pattern of rural development called "crossroads communities." Residences are constructed at the edge of these crossroads communities. The overlay district seeks to replicate this pattern by having future nonresidential construction, built within 400 feet from the edge of the right-of- way of an intersection, include elements of the historic commercial buildings, and nonresidential buildings, constructed over 400 feet from the edge of right-of-way of an intersection, include elements of the historic residential buildings. Accessory structures such as outparcel buildings, accessory structures, fences and walls shall have architectural features and exterior materials consistent with the RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 16 of 38 6/13/2014 principal building and are not required to meet the requirements listed in Sec 64-1142 (7). All structures shall be subject to review by the City Architect prior to Design Review Board submittal. With the foregoing purposes in mind, buildings and structures on property with a commercial or non-single family use thereon, shall comply with the following: a. Building design. i. All buildings constructed within 400 feet from the edge of right-of-way of an intersection of two public roads shall be designed in accordance with the predominant commercial building types (see section 64-1150). ii. All buildings constructed over 400 feet from the edge of right-of-way of an intersection of two public roads shall be designed in accordance with the predominant residential building types (see section 64-1150). b. Building material. i. At least 80 percent of exterior walls shall consist of one or a combination of the following materials: horizontal clapboard siding; brick; and stone or as approved by the City Architect. Vertical clapboard is permitted on buildings built to look like barns. The brick shall be hand molded or tumbled to create the appearance of old brick. ii. No more than 20 percent of any exterior wall may consist of glass, architecturally treated, precast stone. All shall have a natural appearance or a historic appearance or as approved by the City Architect. iii. Exterior building walls shall not consist of metal panel systems, ascast smooth concrete masonry or plain, reinforced concrete slabs, aluminum or vinyl siding, plywood, mirrored glass, press-wood or corrugated steel. Exceptions are: mechanical penthouses and roof screens). c. Roof. i. Roofs shall be gable, pyramidal, or hip style. Shed roofs are permitted over porches, additions, and accessory structures. Roof pitches shall be between 8 over 12 and 12 over 12, inclusive or as approved by the City Architect. ii. Roof material shall be made out of the following materials: asphalt shingle, wood shingle, wood shake, or standing seam metal. iii. Buildings with a minimum gross square footage of 15,000 square feetmay have a lower pitched roof if they meet all of the following standards: 1. A decorative parapet or cornice is constructed along all roof lines with a lower pitch than specified in subsection (c) i. of this section. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 17 of 38 6/13/2014 2. Roof top equipment is screened from public view from all adjacent public streets. iv. Mansard roofs are not permitted. d. Windows. i. Buildings shall have a ratio of openings (e.g., windows and doors) to solids from 30 percent to 50 percent, inclusive of the building exterior or as approved by the City Architect. ii. For wall sections greater than ten feet wide: 1. No one window shall exceed 32 square feet. No grouping of windows shall exceed 100 square feet or as approved by the City Architect. 2. Windows on the side of the building with the principal or main entrance shall have a maximum distance between windows not to exceed one window width or as approved by the City Architect. 3. Windows on the building’s side and rear shall have a maximum distance between windows not to exceed two window widths. 4. Windowsills shall be placed a minimum of two feet above finished grade. iii. A minimum of 80 percent of windows on each exterior wall shall have a vertical orientation. The ratio of height to width of vertical windows shall be no less than 1.8 (height) to one (width) or as approved by the City Architect. iv. Window types shall include one or a combination of the following types: double-hung sash window with 2/1, 3/1, 2/2, 4/4, 6/6, and 9/9 lights, casement windows and fixed windows or as approved by the City Architect. The upper sash of all windows shall have divided lights. Clip-ins are prohibited . v. If located on a corner lot, all of the exterior building walls facing a public street shall continue the same window arrangements as the side with the principal entrance. vi. If windows are paired or grouped in larger numbers, windows shall have divided lights of 2/1 or more. e. Doors. i. Doors used as entryways by the public are limited to the following types: 1. Wood or simulated solid wood door with raised panels. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 18 of 38 6/13/2014 2. Wood or simulated wood door with raised panels on the bottom half and glass on the top half. 3. Glass door with divided lights. ii. Flush panel doors are prohibited as exterior doors. f. Architectural features. Architectural details are encouraged to create variety, visual interest, and texture on new buildings. i. Main entrances shall include a minimum of two of the following elements: 1. Decorative columns or posts; 2. Pediments; 3. Arches; 4. Brackets; 5. Transoms over doorways; 6. Sidelights; 7. Porticos; or 8. Recesses/projections. ii. If used, shutters shall be operable and fit the size of the window. iii. If roof dormers are present and they have windows, then the windows shall be glazed. g. Prohibited building components. The following building components shall be prohibited: steel gates, burglar bars, chain link fence, steel roll down curtains. (8) Building colors. All aspects of a commercial or non-single family development should use colors common in the area and in nature. Earth-toned, subtle and muted colors provide for a development that incorporates sensitivity to its natural surroundings. a. Paint colors shall be chosen from the range of traditional colors present in the area. Inappropriate high intensity colors shall be avoided. b. Acceptable colors are listed in section 64-1149 RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 19 of 38 6/13/2014 Sec 64-1143 Requirements for Institutional Type Uses (1) Landscaping. On property with institutional uses thereon, landscaping should be compatible in form, style and design with the natural setting and informal landscaping present in the area and on the site before development. Landscaping should also be used as a buffer to screen a development from adjacent residential and agricultural uses. In addition, such properties shall comply with the following: a. Streetscape and landscape strips. 1. All properties shall provide a minimum ten-foot-wide strip along all public streets. The ten-foot-wide strip shall be planted with a minimum 2½ inches to three inches caliper hardwood over-story. Additional over-story trees are encouraged. The ten-foot-wide strip may be developed either (see section 64-1142(2) b. for additional landscape and screening requirements): i. With hardscape elements such as plazas, planters, benches, fountains and tables in addition to the required hardwood trees; or ii. With landscape elements consisting of 60 percent coverage in trees and shrubs and 40 percent coverage in grass and ground cover pursuant to this zoning ordinance, and the city tree protection ordinance (chapter 60); or iii. With a combination of both landscape and hardscape elements. 2. Cluster planting is encouraged, however, at a minimum trees shall be planted in the center of the landscape strip at a maximum distance of every 20 feet on average. Street trees are required to be planted at 1 per 30feet. They may be planted in clusters per the City Arborist. 3. Specimen trees, as described in the city tree protection ordinance (chapter 60), located within the minimum front yard shall be preserved. 4. A strip shall be planted with grass or sod between the back of curb or swale and the sidewalk or the Milton Trail per the applicable city code. b. Parking lot landscape islands. 1. There shall be a minimum ten-foot-wide landscape island at the end of each parking bay. 2. There shall be a ten-foot-wide landscape island for every 72 feet of double row length or 90 feet of single row length of parking spaces. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 20 of 38 6/13/2014 3. Landscape islands shall include one over-story shade tree per 180 square feet of landscape island area. 4. Location of interior landscape islands shall vary from row to row to avoid a grid pattern and rectilinear layout. c. Landscape buffers 1. For sites on four acres or less, a 50-foot-wide undisturbed buffer or alternative screening design, with a ten-foot improvement setback, shall be located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. 2. For sites on more than four acres, a 75-foot-wide undisturbed buffer or alternative screening design, with a 10-foot improvement setback, shall be located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. 3. To make buffers seem natural, an equal mix of three species shall be used. d. Property owners are encouraged to develop a green space for recreation and public enjoyment. e. No removal of protected trees (Chapter 60, Article II) is permitted on the site prior to the issuance of a land disturbance permit, building permit, development clearing permit, or tree removal permit. f. Clear cutting is prohibited, however, land clearing, timber harvesting, tree farming and agricultural clearing may be allowed within the context of a development clearing permit. (2) Screening and fencing. Landscaping and fencing materials on property with Institutional uses thereon, should be used to minimize visual and noise impact of parking, loading areas, detention ponds, stormwater management facilities, and accessory site features as set forth herein: a. All loading spaces shall be screened from view of any public street by either: 1. A 15-foot-wide landscape strip planted with a continuous hedge of evergreen shrubs; or 2. Incorporated into the principal building. Shrubs shall be moderately growing, be a minimum height of 3½ to four feet at time of planting, and reach a height of six feet within two years of planting. b. All parking lots shall be screened from view of any public street by a 15-foot-wide landscape strip planted to buffer standards. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 21 of 38 6/13/2014 Plants shall be a minimum height of 3½ to four feet at time of planting, and such plants shall reach a height of six feet within two years of planting (see section 64-1141(1)a. for additional landscape and screening requirements). c. Refuse areas (dumpsters) shall be placed in the least visible location from public streets, and shall be enclosed pursuant to rules of the Fulton County Health Department. Enclosures must be constructed of the same exterior wall material used for the building. The enclosure shall be a foot higher than what is contained in the interior. The door enclosing the refuse area shall be constructed of an opaque non-combustible material and appearance must be consistent with the prevailing architecture. d. Accessory site features, as defined in each zoning district of this zoning ordinance, shall be placed in the least visible location from public streets, and shall be screened from view of any right-of- way or any property zoned, used, or developed for residential uses, including the AG-1 zoning district, by one of the following means: 1. Placement behind the principle building; or 2. Erection of an 100 percent opaque fencing, around the entire accessory structure which must be constructed of the same type of exterior material used for the building; or 3. By a vegetative screening, which shall consist of evergreen shrubs, be 3½ to four feet at time of planting, and reach a height of six feet within two years or planting. e. Drive-throughs are prohibited (3) Stormwater management facilities a. All facilities shall be in compliance with the Stormwater Management Manual (Chapter 20, Article IV of the City Code). b. All facilities shall be designed to create a natural look. c. Stormwater better site designs and nonstructural stormwater management practices shall be used whenever possible. d. All detention facilities shall have a minimum ten-foot wide landscape strip planted to buffer standards with evergreen plantings exterior to any required fence and or required access area. e. Detention facilities shall be located in the least conspicuous area of the site as engineering standards will allow. f. The creation of shared stormwater management facilities is encouraged. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 22 of 38 6/13/2014 (4) Fencing and height. a. In yards adjacent to an exterior street an equestrian fence is required.. b. Fences in yards adjacent to a public street shall not exceed 60 inches from finished grade. c. Retaining walls shall be constructed of block or poured concrete with natural stone veneer or solid stucco and brick only. If viewed from the street, walls shall provide a 360 degree veneer as described above. Retaining walls above three feet high shall have a continuous planting of evergreens. d. Opaque fences are prohibited in yards adjacent to a public street, except as set forth in subsections 2(d) and 2(e) of this section. (5) Pedestrian safety Construction of sidewalks and pedestrian amenities on property with an Institutional use thereon should encourage and promote walking to a development and within a development. The placement of sidewalks, pedestrian amenities, and the Milton Trail (See Chapter 48, Article VIII of the City Code) should contribute to the sense of place of the community. Sidewalks shall be constructed along public road frontages and at least a five-foot landscape strip shall be planted between the roadway or curb and the sidewalk or the Milton Trail, whichever applies. The sidewalk shall be set back from the back of curb the maximum distance allowable within the right-of-way. a. Mandatory requirements; pedestrian path design standards. 1. Proposed developments shall have a pedestrian network. 2. Paths shall comply with any applicable Americans with Disabilities Act standards for slope, width, texture, level differences, and ramps. 3. Paths shall be a minimum of five feet in width. 4. Paths shall be clearly identified through painting, signage and texture change. 5. In order to facilitate travel, paths shall not be obstructed by any object or structure. 6. Paths shall be designed to minimize direct auto-pedestrian interaction. 7. Paths shall be connected to signalized crosswalks, where applicable. 8. Paths shall be a direct and convenient route between points of origin (i.e., bus stop) and destination (i.e., shop, bank, etc.) with the following exception: sidewalks and paths may RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 23 of 38 6/13/2014 meander to protect and maintain mature trees and other permitted landscape features. Meandering sidewalks are discouraged. 9. Internal walkways (paths) shall be constructed connecting the public sidewalk along the street to the main entrance of the principal use of the property. 10. Pedestrian paths shall be colored and or textured walkways or sidewalks. b. Encouraged elements; pedestrian paths and public spaces. 1. To increase safety, grade separation is encouraged between pedestrian paths and motor vehicle access areas. 2. Paths are encouraged to be built alongside interesting and inviting features. Street furniture is encouraged to be located adjacent to any path. Street furniture includes, but is not limited to, benches, pedestrian scale lighting, trash receptacles, dog rubbish receptacles, and ganged mailboxes. 3. Community public spaces that promote gathering and have a park like design with streetscape and hardscape elements are encouraged. 4. Paths are allowed to perpendicularly cross landscape strips. 5. Granite curbing is preferred over other types of curbing. (4) Site lighting for parking lots, pedestrian paths and public entrances. Lighting on property with institutional uses thereon should be compatible with the rural and historic setting of Milton. Lighting should be minimal while at the same time ample enough for safety and night viewing and be in compliance with the Night Sky Illumination (Chapter 64, Article II, Division 7). a. Parking lot lighting shall meet the following minimum standards: i. Light poles shall not exceed a height of 20 feet from finished grade. ii. Light poles shall not be allowed in tree islands. iii. Bases of light poles shall be compatible with the design of the primary building. iv. Parking lot light fixtures shall have the light cut off below 90 degrees and the beam shall be cut off at 75 degrees. v. Light pole arm styles, shall either be Shepherd's Crook or Acorn. b. Pedestrian lighting shall meet the following minimum standards: RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 24 of 38 6/13/2014 i. Light poles shall not exceed a height of 15 feet from finished grade. ii. LIght pole arm styles shall be either Shepard's Crook or Acorn. c. Light poles shall include a taper, either in their transition downward from post to decorative shaft (base), or upward to ballast housing, or both. d. Shoe box and cobra styles are prohibited for light poles. e. Building-mounted lighting fixtures shall have a 45 degree light cutoff. f. All exterior lighting in publicly accessible locations shall be architecturally decorative with a historic style. g. Neon lighting is prohibited. h. Light housings and posts shall be a dark color/material and be nonreflective. i. Exterior lighting shall not exceed two-foot candles. (5) Building size, orientation, height, scale and parking. The design and layout of an institutional type development should build upon and complement the design of crossroads communities as opposed to creating a new one. The size, orientation, setback and scale of buildings are integral elements of crossroads communities. A building's orientation and placement should complement and relate to adjacent buildings, structures and properties. The placement of buildings should create an informal grouping and relationship between them as opposed to being orderly and uniform. The location of a building should take into consideration its rural surrounding and take advantage of this by maintaining open views and spaces. Buildings should be in proportion, in scale and characteristic to their rural and natural setting. The building design and material should contribute to the style and feeling of its rural surrounding. The visual impact of parking should be minimized by placing it to the rear and by screening. Accessory structures such as outparcel buildings, accessory structures, fences and walls shall have architectural features and exterior materials consistent with the principal building and are not required to meet the requirements except for height listed in Sec 64-1142(5). All structures shall be subject to review by the City Architect prior to Design Review Board submittal. Such developments shall comply with the following: a. Building Size. i. On a development of four acres or less, the maximum building size shall be 20,000 square feet. If two or more buildings are built, the total size of all buildings shall not exceed 25,000 square feet, no single one of which shall exceed 15,000 square feet. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 25 of 38 6/13/2014 ii. On developments larger than four acres, the maximum building size shall be 25,000 square feet. iii. A group of two or more buildings that share at least one contiguous wall will be considered as one building. b. Orientation. i. Buildings shall be oriented to a public street. An entrance to a building should be located on the side of the building facing a public street. ii. Accessory structures shall be located so as to be least visible from a public street and shall conform to the setbacks for the district standards. iii. Driveways shall be perpendicular to the street. c. Height. i. Maximum building height shall be two stories with the maximum height of 30 feet from average finished grade to the bottom of the roof eave except where allowed pursuant to Sec. 64-76. d. Scale. For every 80 feet of building length on a single face, there shall be variation in the exterior or as approved by the City Architect accomplished through the following means: i. For each 80 feet of building exterior wall, the building exterior and roof shall be offset by a minimum of ten feet. Overhangs and roof lines shall follow the building's location. ii. For each 80 feet of building exterior wall, there shall be a change in details, or patterns or materials. e. Parking. i. Parking shall be shared among users within a common development. Parking shall be reduced according to the shared parking standards established in section 64-1411. Additional reduction in the number of parking spaces is encouraged. ii. All parking spaces built in excess of the minimum number required by the city zoning ordinance, shall be constructed of pervious material. iii. No on-site parking shall be located to the front of a building or between a building and the public right-of-way (see section 64-1142(2) regarding landscaping if parking is in view from the right-of-way). Parking shall be located adjacent to internal streets, not a public right-of-way. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 26 of 38 6/13/2014 iv. If an internal street is developed for use by the general public, one row of parallel or diagonal parking is allowed between the street and the curb. (6) Building and other structure design. Construction of buildings in styles and types not found in Milton shall be avoided. Modern style using traditional elements and the reinterpretation of a style rather than the mimicking of a style is encouraged. Exaggerated or excessively large or small architectural elements should be avoided. Elements should be in proportion with the overall building. In addition, buildings should reflect a specific style and not mix elements of different styles. The design and architectural elements of the buildings should be compatible to those of the area. In Milton, commercial buildings are built at the intersections of two major roads in a pattern of rural development called "crossroads communities." Residences are constructed at the edge of these crossroads communities. The overlay district seeks to replicate this pattern by having future nonresidential construction, built within 400 feet from the edge of the right-of- way of an intersection, include elements of the historic commercial buildings, and nonresidential buildings, constructed over 400 feet from the edge of right-of-way of an intersection, include elements of the historic residential buildings. Accessory structures such as outparcel buildings, accessory structures, fences and walls shall have architectural features and exterior materials consistent with the principal building and are not required to meet the requirements listed in Sec 64-1142(6). All structures shall be subject to review by the City Architect prior to Design Review Board submittal. With the foregoing proposes in mind, buildings and structures on property with institutional uses thereon, shall comply with the following: a. Building design. i. All buildings constructed within 400 feet from the edge of right-of-way of an intersection of two public roads shall be designed in accordance with the predominant commercial building types (see section 64-1150). ii. All buildings constructed over 400 feet from the edge of right-of-way of an intersection of two public roads shall be designed in accordance with the predominant residential building types (see section 64-1150). b. Building material. i. At least 80 percent of external walls shall consist of one or a combination of the following materials: horizontal clapboard siding; brick; and stone or as approved by the City Architect. Vertical clapboard is permitted on buildings built to look like barns. The brick shall be hand molded or tumbled to create the appearance of old brick. ii. No more than 20 percent of any exterior wall may consist of glass, architecturally treated, precast stone. All shall have a natural appearance or a historic appearance. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 27 of 38 6/13/2014 iii. Exterior building walls shall not consist of metal panel systems, ascast smooth concrete masonry or plain, reinforced concrete slabs, aluminum or vinyl siding, plywood, mirrored glass, press-wood or corrugated steel. Notwithstanding the forgoing sentence, mechanical penthouses and roof screens are allowed. c. Roof. i. Roofs shall be gable, pyramidal, or hip style. Shed roofs are permitted over porches, additions, and accessory structures. Roof pitches shall be between 8 over 12 and 12 over 12 inclusive or as approved by the City Architect. ii. Roof material shall be made out of the following materials: asphalt shingle, wood shingle, wood shake, or standing seam metal. iii. Buildings with a minimum gross square footage of 15,000 square feet may have a lower pitched roof if they meet all of the following standards: 1. A decorative parapet or cornice is constructed along all roof lines with a lower pitch than specified in subsection (c)i. of this section. 2. Roof top equipment is screened from public view from all adjacent public streets. iv. Mansard roofs are not permitted. d. Windows. i. Buildings shall have a ratio of openings (e.g., windows and doors) to solids from 30 percent to 50, percent inclusive of the building exterior or as approved by the City Architect. ii. Accessory structures or structures used secondary to the primary use of the development are not required to meet the window requirements above. iii. For wall sections greater than ten feet wide: 1. No one window shall exceed 32 square feet. No grouping of windows shall exceed 100 square feet or as approved by the City Architect. 2. Windows on the side of the building with the principal or main entrance shall have a maximum distance between windows not to exceed one window width or as approved by the City Architect. 3. Windows on the building’s side and rear shall have a minimum distance between windows not to exceed two window widths . RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 28 of 38 6/13/2014 4. Windowsills shall be placed a minimum of two feet above finished grade. iv. A minimum of 80 percent of windows on each exterior wall shall have a vertical orientation. The ratio of height to width of vertical windows shall be no less than 1.8 (height) to one (width) or as approved by the City Architect. v. Window types shall include one or a combination of the following types: double-hung sash window with 2/1, 3/1, 2/2, 4/4, 6/6, and 9/9 lights, casement windows and fixed windows or as approved by the City Architect. The upper sash of all windows shall have divided lights. Clip-ins are prohibited. vi. If located on a corner lot, all of the exterior building walls facing a public street shall continue the same window arrangements as the side with the principal entrance. vii. If windows are paired or grouped in larger numbers, windows shall have divided lights of 2/1 or more. e. Doors. i. Doors used as entryways by the public are limited to the following types: 1. Wood or simulated solid wood door with raised panels. 2. Wood or simulated wood door with raised panels on the bottom half and glass on the top half. 3. Glass door with divided lights. ii. Flush panel doors are prohibited as exterior doors. f. Architectural features. Architectural details are encouraged to create variety, visual interest, and texture on new buildings. i. Main entrances shall include a minimum of two of the following elements: 1. Decorative columns or posts; 2. Pediments; 3. Arches; 4. Brackets; 5. Transoms over doorways; 6. Sidelights; RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 29 of 38 6/13/2014 7. Porticos; or 8. Recesses/projections. ii. If used, shutters shall be operable and fit the size of the window. iii. If roof dormers are present and they have windows, then the windows shall be glazed. g. Accessory structures. Outparcel buildings, accessory structures, fences and walls shall have architectural features and exterior materials consistent with the principal building. h. Prohibited building components. The following building components shall be prohibited: steel gates, burglar bars, chain link fence, steel roll down curtains. (7) Building colors. All aspects of an institutional development should use colors common in the area and in nature. Earth- toned, subtle and muted colors provide for a development that incorporates sensitivity to its natural surroundings. a. Paint colors shall be chosen from the range of traditional colors present in the area. Inappropriate high intensity colors shall be avoided. b. Acceptable colors are listed in section 64-1149. Sec. 64-1143. Requirements for Agricultural Type Uses (1) Height a. Comply with the zoning district’s height requirement. (2) Parking a. All parking spaces built, which exceed the minimum number required by the city zoning ordinance, shall be constructed of pervious material. (3) Stormwater management facilities a. All facilities shall be in compliance with the Stormwater Management Manual (Chapter 20, Article IV of the City Code). b. All facilities shall be designed to create a natural look. c. Stormwater better site designs and nonstructural stormwater management practices shall be used whenever possible. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 30 of 38 6/13/2014 d. All detention facilities shall have a minimum ten-foot wide landscape strip planted to buffer standards with evergreen plantings exterior to any required fence and or required access area. e. Detention facilities shall be located in the least conspicuous area of the site as engineering standards will allow. f. The creation of shared stormwater management facilities is encouraged. (4) Fencing and height. 1. In yards adjacent to an exterior street an equestrian fence is required. . 2. Fences in yards adjacent to an exterior street shall not exceed 60 inches from finished grade. 3. Retaining walls shall be constructed of block or poured concrete with natural stone veneer or solid stucco and brick only. If viewed from the street, walls shall provide a 360 degree veneer as described above. Retaining walls above three feet high shall have a continuous planting of evergreens. 4. Opaque fences are prohibited in yards adjacent to an exterior street. Sec. 64-1144. Building colors. All aspects of a development should use colors common in the area and in nature. Earth-toned, subtle and muted colors provide for a development that incorporates sensitivity to its natural surrounding. (1) Paint colors shall be chosen from the range of traditional colors present in the area. Inappropriate high intensity colors shall be avoided. (2) Acceptable colors are listed in section 64-1154 Sec. 64-1145. Graffiti. Graffiti defacing the façade of any building, sign, path, accessory structure, wall, fence or other site element is prohibited. Sec. 64-1146. Severability. In the event that any section, subsection, sentence, clause or phrase of this division shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this division, which shall remain in full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part thereof. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 31 of 38 6/13/2014 Sec. 64-1147. Appeals. Any persons aggrieved by a final decision of the design review board relating to this division may appeal from such final decision to the board of zoning appeals by filing in writing setting forth plainly, fully and distinctly why the final decision is contrary to law per sections 64-1885 through 64-1947. Such appeal shall be filed within 30 days after the final decision of the design review board is rendered. Sec. 64-1148. Effective date. Applications for building permits, land disturbance permits, filed on or after the day of adoption of this division shall meet the standards of this overlay district. Sec. 64-1149. Acceptable building material color palette. (a) Scope. (1) Colors apply to building materials, architectural and decorative elements, and sign structure. (2) The numbers refer to Pantone Matching System, an international color matching system. The PMS Color Guide can be matched using a variety of methods: a. Modern digital scanning/color interpretation. b. Cross referencing paint manufacturers formulas. c. Visual comparison matching. (3) Colors have been chosen not only by what is found architecturally in the Milton area historically but also what is seen in nature and in the surrounding environment. These interpretations seek to avoid "primary" color values in favor of "muted" and "subtle" colors. (4) Any brand of paint can be used. The reference to certain paint brands is simply to illustrate the appropriate colors. (b) Whites. Acceptable "whites" are described as subtle shades or tints of white, including "neutral," "antique," "taupe," or "sandstone." (c) Quartertones. Quarter tones are one-quarter the strength of a full color. It provides a softer transition between colors. (d) Mid-tones. Mid-tones are colors half-way between light and dark. (e) Shadowtones. Dark colors are fully pigmented and offer rich colors for darker accenting without relying on basic browns, blacks, and grays. _____ RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 32 of 38 6/13/2014 (f) Color chart. Manufacturer: PMS, Porter Brand (P), Duron (D), Name: Color tile No. Reference Number Range: White (w), Quarter-tone (q), Mid tone (m), Shadow tone (s) RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 33 of 38 6/13/2014 RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 34 of 38 6/13/2014 RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 35 of 38 6/13/2014 _____ Sec. 64-1150. Characteristics of Rural Milton Overlay. (a) The Rural Milton Overlay is based on the overall setting and characteristics of the rural crossroads communities in the city. In order to determine their qualities, a visual survey was conducted of Crabapple and Birmingham as well as commercial buildings in Hopewell and Arnold Mill, the main crossroads communities in the city. Commercial development in the city has been historically located in the crossroads communities that developed at the intersection of two or more roads. In these communities, commercial uses are close to the intersection, with institutional uses, such as churches and schools, next to them and residential uses extending along the roads. Large tracts of agricultural land, with rural vistas and views, border the residential areas. These crossroads communities maintain their historic integrity as well as their informal character, rural atmosphere and charm. Generally, the commercial buildings at the crossroads are oriented to the street, are close to the street and have varying setbacks (from zero to 20 feet). Buildings are grouped informally and asymmetrically to each other to form a village atmosphere. Parking is located to the side or to the rear. Landscapes and the space between the buildings are informal, asymmetrical, rural and picturesque. They avoid modern day styles that emphasize ordered plantings, over planting and often geometric placement. Informality of place provides for human scale, comfort and a welcoming atmosphere. The setting, the buildings' design and architectural details are elements that maintain the value of the communities and contribute to the sense of place in the city. More than being a place for commerce, they provide the sense of identity, ownership, community and evolution. Many of the commercial buildings were built from the late 1800's RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 36 of 38 6/13/2014 to the late 1930's in various types and style and have a rural and agrarian character. The buildings are generally small, one story with a square or rectangular footprint. Buildings are in scale and in proportion to each other. The principal building materials are brick and clapboard siding, however, stone is also used. The roofs are gable or hip and are made out of standing seam metal or asphalt shingles. Many of these also have a small recessed porch. Several window types are present including, double-hung sash, casement, fixed and fixed with an arch. In the double-hung sash windows, the sashes are divided into six lights over six, 4/4 and 2/2. The windows are in proportion to the building and most have a vertical orientation. The doors are usually wood paneled doors with glass in the upper half. The entryways and main façades are more articulated that the rest of the buildings. This is achieved by recessing the entrance or flanking the door with sidelights and transom lights. The buildings have limited stylistic elements. Some of the features that are present include: round and square columns, frieze board, exposed rafter ends, and triangle gable braces. (b) Crossroads communities blend with their surroundings and thus avoid abrupt beginnings and endings. Commercial buildings transition into smaller residential buildings. Uses also transition down from commercial to office and then to residential. Many residential buildings that extend along the roads are now being used for retail and office. These residential areas also share similar characteristics: they are one-story, oriented to the street, often a walkway leads from the street to the front door or from the driveway to the front door, and the driveway is perpendicular to the street. Parking is to the side or the rear. The buildings are setback ten to 40 feet from the sidewalk. In addition, wood fences, retaining walls and hedges often define the boundaries of the property. (c) The houses themselves also have similar characteristics. The principal building material is wood clapboard siding and some are made out of stone. The common roof forms are gable, cross gable and hip and are made out of standing seam metal or asphalt shingles. The houses are raised on a foundation. Most of these also have a front or wrap around porch. The majority of the windows are double-hung sash with the sashes divided into six lights over six, 3/1 9/9, 1/1 and 2/2. Some have sidelights and transom lights around the front door and fixed arched windows. (d) Several house types are present, including: hall parlor, double pen, central hallway, gable ell cottage, new south cottage, Georgian cottage, bungalow and side gable cottage. House type refers to the height of the house as well as the general layout of the interior rooms. A description and layout of each is included in this section. (e) Many of these houses do not have a high style but rather have a vernacular interpretation of a style. Style refers to the external ornamentation and the overall form of the house. In many cases, style elements are associated with a certain house type. For instance, craftsman elements are present in bungalow type houses. The architectural features present in these houses, by style, are listed below and are discussed in this section. RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 37 of 38 6/13/2014 (1) Greek Revival. Frieze board, round columns, Doric columns, flute columns, gable returns, corner pilasters, dentil molding, pedimented gable. (2) Queen Anne and Folk Victorian. Decorative cut shingles, verge board, turned posts, ionic columns, porch with turned balusters, frieze board. (3) Craftsman. Wood or brick battered columns on brick or stone piers, exposed rafter ends, overhanging eaves, gable braces, frieze board, gable returns. _____ RZ13-22 – Text Amendment to the NW Fulton Overlay District prepared for the Mayor and City Council Meeting on June 16, 2014 Page 38 of 38 6/13/2014 RURAL MILTON OVERLAY DISTRICT MAP Secs. 64-1151—64-1174. Reserved. HOME OF ' ESTARLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 4, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ14-01 — To Amend Chapter 64, Article I, Section 64-1 Definitions. MEETING DATE: Monday, June 16, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: qAPPROVED CITY ATTORNEY APPROVAL REQUIRED. _q YES CITY ATTORNEY REVIEW REQUIRED: 0 YES APPROVAL BY CITY ATTORNEY ( APPROVED PLACED ON AGENDA FOR: 0 & / to I REMARKS O NOT APPROVED () NO () NO O NOT APPROVED ©-.*Yau - *** PHONE: 678.242.25001 FAX: 678.242.2499 Gireen s f certified Sop -1Q° info(Ocityofmiltonga.us J www.cityofmiltonga.us " Community E`h °� _ 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 a To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted June 11, 2014 for the June 16, 2014 Regular Meeting (June 2, 2014 First Presentation and June 9, 2014 for Council Work Session) Re: Consideration of RZ13-22, RZ14-01, RZ14-02, RZ14-03, RZ14-04 – Text Amendments Department Recommendation: The Community Development Department recommends approval of the proposed text amendments as discussed below. Executive Summary: Staff has provided “clean copies” of each of the text amendments for your final review. Below is a summary of questions and comments from the June 9, 2014 Council Work Session with the Community Development Staff’s responses organized by each text amendment. RZ13-22 – Northwest Fulton Overlay District 1) Race Track – Page 5 (Allowed Use Chart) The Council asked Staff if there was a definition for “Race Track”. Currently there is not one in the Zoning Ordinance. The Use Permit appears to address race tracks for both animals and vehicles. Staff has proposed the following new definition that will be included in RZ14-01 Definitions. “Race track means the use of a course devoted to the racing of motor and non-motorized vehicles or animals, and all improvements normally associated with racing such as off- street parking, patron seating, concessions, and a fixed race track.” 2) There was discussion regarding whether additional requirements for building components and fencing were too restrictive. Below are lists of the items that are currently included in the text amendment: Page 7 - Sec.64-1141(6) a. – The following building components shall be prohibited: metal gates, burglar bars, chain link fence, metal roll down curtains. 2 Page 7 - Sec. 64-1141(7) – Fencing and height. 1. In yards adjacent to an exterior street an equestrian fence is required. 2. Fences in yards adjacent to an exterior street shall not exceed 60 inches from finished grade. 3. Retaining walls shall be constructed of block or poured concrete with natural stone veneer or solid stucco and brick only. If viewed from the street, wall s shall provide a 360 degree veneer as described above. Retaining walls above three feet high shall have a continuous planting of evergreens. 4. Opaque fences are prohibited in yards adjacent to an exterior street. RZ14-01 – Definitions 1) Fence, Equestrian Page 12 - Staff replaced “be a minimum of” with “ not exceed” to be consistent with other parts of the Zoning Ordinance regarding height. 2) Race Track Page 28 - The following definition for “Race Track” has been provided based on Council’s discussion. “Race track means the use of a course devoted to the racing of motor and non- motorized vehicles or animals, and all improvements normally associated with racing such as off-street parking, patron seating, concessions, and a fixed race track.” RZ14-02 – Administrative Permits and Use Permits There are no additional changes to this text amendment. RZ14-03 – New Use Permit for a Rural or Agricultural Event Facility 1) Hours of Operation Page 1 – The Council requested more flexible hours of operation. Staff has combined Sec. 64-1842 (b) (6) and (7) into a new (6) to read as follows: (6) The maximum number of attendees and hours of operation will be evaluated by the Mayor and City Council on a case by case basis for each site to protect the public’s health, safety and welfare. RZ14-04 – New Use Permit for an Artist Studio 1) The Council discussed whether the two person limit, including the resident, was too restrictive. They suggested that it should be considered on a case by case basis depending on the size of the parcel and location in relation to other types of uses. 3 Page 1 - Staff has proposed the following edit for 3.b. to read: 3.b. The number of employees who can work on the premises shall be determined by the Mayor and City Council. When evaluating the proposed number of employees, the size of the property and buildings shall be considered in proportion to the number of proposed employees and/or adjacent uses. 2) The Council discussed whether a studio may be located within an accessory structure only where the property exceeds three acres in size. They suggested that it should be considered on a case by case basis depending on the size of the parcel and the size of the accessory structure. Page 2 – Staff has proposed the following edit for 3.d. to read: 3.d. The minimum lot size for a studio to be located within an accessory structure shall be determined by the Mayor and City Council. When evaluating if a studio can be located within an accessory structure, the size of the property in proportion to the size of the accessory structure shall be considered. 3) The Council requested that Staff consult with Michael Dillon to determine if the proposed development standards would be compatible with his Artist Studio. Staff did speak to Lauren Dillon and she indicated that the proposed development standards could be met with the current conditions of the property and operations. Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may approve the amendment as proposed and/or recommend further amendments to the text amendments discussed. Legal Review: Paul Frickey - Jarrard & Davis (March and May, 2014) Concurrent Review: City Arborist and Transportation/Stormwater Engineer Attachment(s): Text Amendments and Ordinances for RZ13-22, RZ14-01, RZ14-02, RZ14-03, RZ14-04 STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ14-01 AN ORDINANCE TO AMEND ARTICLE I, SECTION 64-1, DEFINITIONS OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on June 16, 2014 6:00 p.m. as follows: SECTION 1. That the amendment of Article I, Section 64-1, Definitions of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 16th day of June, 2014 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 1 of 38 ARTICLE I. IN GENERAL Sec. 64-1. Definitions. Sec. 64-2. Purpose and title. Secs. 64-3—64-21. Reserved. Sec. 64-1. Definitions. (a) Scope. Words not defined herein shall be construed to have the meaning given by Merriam - Webster's Collegiate Dictionary, eleventh edition. (b) Use and interpretation. The following shall apply to the use of all words in this zoning ordinance: (1) Words used in the present tense shall include the future tense. (2) Words used in the singular shall include the plural and vice versa. (3) The word "shall" is mandatory. (4) The word "may" is permissive. (5) The nouns "zone," "zoning district" and "district" have the same meaning and refer to the zoning districts established by this zoning ordinance. (6) The phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for" and "occupied for." (c) Terms. Accessory site feature means mechanical, electrical and ancillary equipment, cooling towers, mechanical penthouses, heating and air conditioning units and p ads, exterior ladders, storage tanks, processing equipment, service yards, storage yards, exterior work areas, loading docks, maintenance areas, dumpsters, recycling bins, and any other equipment, structure or storage area located on a roof, ground or building. Addition to an existing building means any walled and roofed expansion to the perimeter of a building in which the addition is connected by a common loadbearing wall other than a firewall. Any walled and roofed addition, which is connected by a firewall or is separated by independent per imeter loadbearing walls, is new construction. Adjoin means to have a common border with. The term "adjoin" also means coterminous, contiguous, abutting and adjacent. Administrative minor variance. See "Variance." Administrative modification means a change to an approved condition of zoning that constitutes only a technical change and does not involve significant public interest as determined by the director of community development. Administrative variance. See "Variance." - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 2 of 38 Adult bookstore means an establishment or facility licensed to do business in the city having a minimum of 25 percent of its stock in trade, for any form of consideration, any one or more of the following materials: (1) Books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, videocassettes, CDs, DVDs or other video reproductions, or slides or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas," as defined herein; or (2) Instruments, devices, novelties, toys or other paraphernalia that are designed for use in connection with "specified sexual activities" as defined herein or otherwise emulate, simulate, or represent "specified anatomical areas" as defined herein. Adult entertainment means permitting, performing, or engaging in live acts: (1) Of touching, caressing, or fondling of the breasts, buttocks, and anus, vulva, or genitals; (2) Of displaying of any portion of the areola of the female breast, or any portion of his or her pubic hair, cleft of the buttocks, anus, vulva or genitals; (3) Of displaying of pubic hair, anus, vulva, or genitals; or (4) Which simulate sexual intercourse (homosexual or heterosexual), masturbation, sodomy, bestiality, oral copulation, flagellation. None of these definitions shall be construed to permit any act which is in violation of any county or state law. Adult entertainment establishment. (1) The term "adult entertainment establishment" means any establishment or facility licensed to do business in the city where adult entertainment is regularly sponsored, allowed, encouraged, condoned, presented, sold, or offered to the public. (2) The term "adult entertainment establishment" does not include traditional or mainstream theater which means a theater, movie theater, concert hall, museum, educational institution or similar establishment or facility which regularly features live or other performanc es or showings which are not distinguished or characterized by an emphasis on the depiction, display, or description or the featuring of "specified anatomical areas" or "specified sexual activities" in that the depiction, display, description or featuring is incidental to the primary purpose of any performance. Performances and showings are regularly featured when they comprise 90 percent of all performances or showings. All weather surface means any surface treatment, including gravel, which is applied to and maintained so as to prevent erosion, and to prevent vehicle wheels from making direct contact with soil, sod or mud; and which effectively prevents the depositing of soil, sod or mud onto streets from areas required to be so treated. Alternative antenna support structure means clock towers, campaniles, freestanding steeples, light structures and other alternative designed support structures that camouflage or conceal antennas as an architectural or natural feature. Alternative screening design means a vegetative screening as approved by the City Arborist. Amateur radio antenna means radio communication facility that is an accessory structure to a single - family residential dwelling operated for noncommercial purposes by a Federal Communication Commission licensed amateur radio operator. The term "antenna" includes both the electronic system and any structures it is affixed to for primary support. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 3 of 38 Antenna means any exterior apparatus designed for telephone, radio, or television communications through the sending or receiving of electromagnetic waves. Apartment means a building which contains three or more dwelling units either attached to the side, above or below another unit. The term "apartment" also refers to a dwelling unit attached to a nonresidential building. (See "Dwelling, multifamily.") Appeal means a request for relief from a decision made by: (1) The director of community development; (2) Other department directors; (3) The board of zoning appeals; and (4) The city council. Applicable wall area means the wall on which a wall sign is attached, including all walls and windows that have the same street or pedestrian orientation. All open air spac es shall be excluded from the applicable wall area. Applicant means a property owner or his or her authorized representative who has petitioned the city for approval of a zoning change, development permit, building permit, variance, special exception or appeal, or any other authorization for the use or development of their property under the requirements of this zoning ordinance, or a person submitting a post-development stormwater management application and plan for approval. Application means a petition for approval of a zoning change, development permit, building permit, variance, special exception or appeal, or any other authorization for the use or development of a property under the requirements of this zoning ordinance. Art gallery means a room or building devoted to the exhibition of works of art. Artist studio means an establishment where articles or goods are produced, assembled, processed or manufactured on a custom or individual basis by an artist, craftsman or similar trained or skilled operator including but not limited to a painter, potter, metalworker, custom dressmaker, photographer, jewelry maker, woodworker, cabinet maker, and sculptor and may include the sale of such goods. Assembly hall means a room or building typically accommodating the gathering of persons for deliberation, legislation, worship or entertainment. Attic means an unheated storage area located immediately below the roof. Automobile and light truck sales/leasing means a facility used primarily for the retail sales and leasing of new or used cars, and trucks. Automotive garage means a use primarily for the repair, replacement, modification, adjustment, or servicing of the power plant or drive-train or major components of automobiles and motorized vehicles. (1) The term "automotive garage" does not include the repair of heavy trucks, equipment and automobile body work. (2) The outside storage of unlicensed and unregistered vehicle is prohibited as part of this use (see "Automotive specialty shop and service station"). Automotive parking lots. See "Parking lot." Automotive specialty shop. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 4 of 38 (1) The term "automotive specialty shop" means a use which provides one or more specialized repair sales and maintenance functions such as the sale, replacement, installation or repair of tires, mufflers, batteries, brakes and master cylinders, shock absorbers, instruments (such as speedometers and tachometers), radios and sound systems or upholstery for passenger cars, vans, and light trucks only. (2) The term "automotive specialty shop" does not include: a. Any private or commercial activity which involves auto/truck leasing, painting, repair or alteration of the auto body; or b. Any repair, replacement, modification, adjustment, or servicing of the power plant or drive- train or cooling system be permitted, except that minor tune -ups involving the changing of spark plugs, points or condenser, including engine block oil changes, are permitted (see "Repair garage (automotive, truck and heavy equipment) and service station"). Babysitting means a service in which shelter, care, and supervision are provided for four or fewer children below the age of 12 years on an irregular basis. Bail bondsmen means all persons who hold themselves out as signers or sureties of bail bonds for compensation, and who are licensed as provided in article V, professional bondsmen, of the Milton City Code. Banner. (1) The term "banner" means any sign of lightweight f abric or similar material that is either with or without frame and hung or mounted to a pole, building or other background by one or more edges. (2) The term "banner" does not include flags. Barn means a structure housing livestock. Barrier free housing means structures designed to accommodate people of all ages and physical abilities which include wheelchair and walker accessibility. A barrier free house shall incorporate universal design elements whenever possible – such as one zero-step entrance, main floor doorways of at least 32 inches of clear passage space, and a bathroom on the main floor. These provisions of universal design allow people, of various physical abilities or who become disabled, to live at home. Basement means the lower level of a building having a floor -to-ceiling height of at least 6½ feet and a portion of its floor subgrade (below ground level) on at least one side. See also "Cellar." Beacon means any light with one or more beams directed into the atm osphere or directed at one or more points not on the same lot as the light source; also any light with one or more beams that rotate or move. Bed and breakfast inn means a residence in which the frequency and volume of visitors are incidental to the primary use as a private residence and where guestrooms are made available for visitors for fewer than 30 consecutive days. Breakfast is the only meal served and is included in the charge for the room. Use is allowed in nonresidential districts and permitted in AG-1 and TR with a use permit. Berm means a planted earthen mound. Billboard means a sign which advertises services, merchandise, entertainment or information which is not available at the property on which the sign is located. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 5 of 38 Boardinghouse means a residential use other than a hotel or motel in which lodging may be provided to nonhousehold members and which includes the provision of meals. Body art or piercing establishment. See "Tattoo and body art or piercing establishment". Brewpub means an accessory use to a permitted restaurant where distilled spirits, malt beverages or wines are licensed to be sold and where beer or malt beverages are manufactured or brewed for consumption on the premises and solely in draft form. Buffer, state water, means an area along the course of any state waters to be maintained in an undisturbed and natural condition. Buffer, tributary, means a protection area adjoining the tributaries of the Chattahoochee River. Tributary buffer specifications are contained in Part D of each prospective land use section of the tree ordinance (chapter 60). Buffer, zoning, means a natural undisturbed portion of a lot, except for approved access and utility crossings, which is set aside to achieve a visual barrier between the use on the lo t and adjacent lots and uses. A buffer is achieved with natural vegetation and must be replanted subject to the approval of the director of community development or his or her designated agent when sparsely vegetated. Clearing of undergrowth from a buffer is prohibited except when accomplished under the supervision of the director of community development or his or her designated agent. Buildable area means the portion of a parcel of land where a building may be located and which shall contain enough square footage to meet the minimum required by the zoning district. The term "buildable area" means that portion of a parcel of land which is not located in the: (1) Minimum setbacks; (2) Utility corridors; (3) Driveways; (4) Slopes to build streets; (5) Tree save areas; (6) Landscape strips; (7) Specimen tree areas; (8) State water buffers; (9) Tributary buffers; (10) Zoning buffers; (11) Wetlands; (12) Stormwater; and (13) Sanitary sewer easements. Building means any structure with a roof, designed or built for the support, enclosure, shelter, or protection of persons, animals, chattels, or property of any kind. Building code means the technical codes approved for enforcement or otherwise adopted or adopted as amended by the city under the Georgia Uniform Codes Act, which regulate the construction of buildings and structures. Building line means one which is no closer to a property line than the minimum yard (setback) requirements. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 6 of 38 Building permit means a written permit that allows construction issued by the building official. Business. (1) The term "business" means a use involving retailing, wholesaling, warehousing, outside storage, manufacturing or the delivery of services regardless of whether payment is involved. (2) The term "business" does not include uses which are customarily incidental (accessory) to another use. Canopy means a rooflike cover, excluding carports, that either projects from the wall of a building or is freestanding. Car wash, accessory, means a customarily incidental use of an attached or detached bay for cleaning vehicles. Car wash, principal, means a primary or main use which provides space for cleaning vehicles. Catering, carryout or delivery of prepared foods means to provide prepared foods and/or service off - site of the preparation facility whether by paid delivery or self -service collection. This does not include the delivery of packaged foods for individual sale. Cellar means the lower level of a building with more than one-half of its floor-to-ceiling height below the average finished grade of the adjoining ground on all sides, or with a floor-to-ceiling height of less than 6½ feet. See also "Basement." Cemetery, human, means the use of property as a burial place for human remains. Such a property may contain a mausoleum. Cemetery, pet, means the use of property as a burial place for the remains of pets. Such a property may contain a mausoleum. Check cashing establishment means any establishment licensed by the state pursuant to O.C.G.A. § 7-1-700 et seq. Church, temple or place of worship means a facility in which persons regularly assemble for religious ceremonies. The term "church", "temple" or "place of worship" includes, on the same lot, accessory structures and uses such as minister's and caretaker's residences, and others uses identified under the provisions for administrative and use permits. City means the City of Milton, Georgia. Clear cutting means the removal of all vegetation from a property, whether by cutting or other means, excluding stream buffer requirements. Clear cutting shall be subject to the same requirements as timber harvesting. Clinic means a use where medical examination and treatment is administered to persons on an outpatient basis. No patient shall be lodged on an overnight basis. Club means a nonprofit social, educational or recreational use normally involving: (1) Community centers; (2) Public swimming pools or courts; (3) Civic clubhouses; (4) Lodge halls; (5) Fraternal organizations; - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 7 of 38 (6) Country clubs; and (7) Similar facilities. Club, neighborhood, means any club operated for recreation and social purposes solely by the residents of a specific neighborhood or community. Commercial amusement/indoor means a use where recreational activity such as movie theaters, arcades, billiards, game rooms, bowling, skating rinks, sporting activities and other recreational amusements are conducted within a building. Commercial amusement/outdoor means a use where recreational activity such as skating rinks, batting cages, miniature golf, drive-in theaters, skating rinks, and other recreational activities or amusements that are conducted outside a building. Commercial equipment means any equipment or machinery used in a business trade or industry, including but not limited to: earth-moving equipment, trenching or pipe-laying equipment, landscaping equipment, mortar and concrete mixers, portable or mobile pumps, portable or mobile generators, portable or mobile air compressors, pipes, pool cleaning equipment and supplies, and any other equipment or machinery similar in design or function. However, equipment and machinery for business use kept within enclosed vehicles are not included. Commercial vehicle means any vehicle used in a busines s, trade, industry or motorized equipment that has two (2) or more of the following characteristics: (1) Exceeds a gross vehicle weight rating (GVWR) of 11,000 pounds; (2) Is regularly used in the conduct of a business, commerce, profession, or trade; (3) Exceeds seven feet in height from the base of the vehicle to the top; (4) Exceeds 20 feet in length; (5) Has more than two axles; (6) Has more than four tires in contact with the ground; (7) Used, designed and built to carry more than eight passengers; (8) Designed to sell food or merchandise directly from the vehicle or trailer itself; (9) Bears signs, logos or markings identifying the owner or registrant, a trade, business, service or commodity. Composting. (1) The term "composting" means a processing operation for the treatment of vegetative matter into humuslike material that can be recycled as a soil fertilizer amendment, such as: a. Trees; b. Leaves; and c. Plant material. (2) The term "composting" does not include: a. Organic animal waste; b. Food; c. Municipal sludge; - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 8 of 38 d. Solid waste; and e. Other nonfarm or vegetative type wastes. Concurrent variance. See "Variance." Condominium means a form of ownership distinguished by the absence of individual lots or lot lines and utilizing instead a system of ownership whereby the dwelling or other units are individually owned but where land outside of the building walls is held in common and maintained by a condominium association in accordance with O.C.G.A. § 44-3-70, known and cited as the "Georgia Condominium Act." Construction material means building materials and rubble resulting from the construction, remodeling, repair, and demolition operations on pavements, houses, commercial buildings and other structures. The term "construction material" includes, but is not limited to, asbestos containing waste, wood, bricks, metal, concrete, wall board, paper, cardboard, inert waste landfill material, and other nonputrescible wastes which have a low potential for groundwater contamination. Convalescent center/nursing home/hospice. (1) The term "convalescent center/nursing home/hospice" means a state -licensed use in which domiciliary care is provided to convalescing chronically or terminally ill persons who are provided with food, shelter and care and not meeting the test of family. (2) The term "convalescent center/nursing home/hospice" does not include hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. Convenience store. (1) The term "convenience store" means a use offering a limited variety of groceries, household goods, and personal care items, always in association with the dispensing of motor fuels as an accessory use. (2) The term "convenience store" does not include vehicle service, maintenance and repair. Convenient location and time means suitable time and easily accessible place for applicants to meet with interested parties to discuss rezoning and use permit petitions. Council means the City of Milton, Georgia, mayor and city council. Country inn means a facility, with the owner or innkeepers residing on the premises, where guestrooms are made available for visitors for fewer than 30 consecutive days. The term "country inn" is distinguished from the term "bed and breakfast inn" in that it serves both breakfast and lunch or dinner. Courtyard means an open air area, other than a yard, that is bounded by the walls of a building. (1) Used primarily for supplying pedestrian access, light, and air to the abutting buildings. (2) Site furniture, lighting and landscaping are appropriate. (3) Vehicular access allowed for unloading and loading only. (4) No vehicular parking or vehicular storage is allowed. Crematorium means a facility for the reduction of remains to ashes by incineration. Cul-de-sac means a street having only one connection to another street, and is terminated by a vehicular turnaround. Curb cut means a connection between a roadway and a property for vehicular access. Curb cut applies to access regardless of the existence of curbing. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 9 of 38 Cutoff means a luminaire light distribution where the emission does not exceed 2.5 percent of the lamp lumens at an angle of 90 degrees above nadir and does not exceed ten percent at a vertical angle of 80 degrees above nadir. Cutoff fixture means a luminaire light distribution where the candela per 1,000 lamp lumens does not numerically exceed 25 (2.5 percent) at or above a vertical angle of 90 degrees above nadir, and 100 (ten percent) at or above a vertical angle of 80 degrees above nadir. This applies to all lateral angles around the luminaire. Day care facility means a use in which shelter, care, and supervision as provided f or seven or more persons on a regular basis away from their residence for less than 24 hours a day. A day care facility may provide basic educational instruction. The term "day care facility" includes: (1) Nursery school; (2) Kindergarten; (3) Early learning center; (4) Play school; (5) Preschool; and (6) Group day care home. Day care home, family. See "Family day care home." Day-night average sound level (DNL) means the 24-hour average sound level, in decibels, obtained from the accumulation of all events with the addition of ten decibels to sound levels in the night from 10:00 p.m. to 7:00 a.m. The weighing of nighttime events accounts for the usual increased interfering effects of noise during the night, when ambient levels are lower and people are trying to sleep. DNL is a weighted average measured in decibels (db). Deck means a structure abutting a dwelling with no roof or walls except for visual partitions and railings not to exceed 42 inches above finished floor which is constructed on piers or a foundation above grade for use as an outdoor living area. Delicatessen means a store where ready to eat food products, typically meats and salads, are sold. Department means the department of community development. Department director or director means the community development director. Design professional of record means the licensed professional whose seal appears on plats or plans subject to these regulations. Detention facility means a detention basin or structure designed for the detention of stormwater runoff and gradual release of stored water at controlled rates. Development clearing permit means a permit that allows for the removal of trees for the purpose of land clearing, timber harvesting, tree farming and agricultural clearing.Development, duplex, means a development of duplexes. Development, multifamily means a development of multifamily dwelling units on a single lot of record. Development of regional impact (DRI) study means a review by the Atlanta Regional Commission and the Georgia Regional Transportation Authority of large-scale projects that are of sufficient size that they are likely to create impacts beyond the jurisdiction in which each project will be located. Development permit standards means requirements established for each administrative and use permit such as setbacks, access, landscape and buffer areas, hours of operation, etc. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 10 of 38 Development, single-family, means a development of single-family dwelling units, with each dwelling unit including accessory structures, on a separate lot of record. Development standards means dimensional measurements as specified in zoning districts relating to such standards as yard setbacks, lot area, lot frontage, lot width, height and floor area. Development, townhouse, means a development of townhouse dwelling units. Distribution line means a pipeline other than a gathering or transmission line. District, nonresidential, means a term used to identify all districts except single-family dwelling districts, all apartment districts, R-6, TR, MHP and residential portions of a CUP, includes AG-1. District, residential, means a term which applies to all single-family dwelling districts, all apartment districts, R-6, TR, MHP and residential portions of a CUP, excludes AG -1. Drainage facility means a facility which provides for the collection, removal and detention of surface water or groundwater from land by drains, watercourse or other means. Drive-in/up restaurant means a restaurant designed for customers to park and place and receive food orders while remaining in their motor vehicles. Drive through means a feature of an establishment which or permits customers to receive services or obtain goods while remaining in or on a motor vehicle. Drive-in theater means an establishment laid out such that patrons may enter and park to view a motion picture while remaining in their vehicle. Driveway means a vehicular access way. Dwelling means any building or portion thereof which is designed for or used for residential purposes for periods of more than 30 consecutive days. Dwelling, duplex, means a structure that contains two dwelling units. Dwelling, multifamily. (1) The term "multifamily dwelling" means a structure containing three or more dwelling units. (2) The term "multifamily dwelling" does not include: a. Townhouses; b. Triplexes; or c. Quadruplexes. Dwelling, quadruplex, means four attached dwellings in one building in which each unit shares one or two walls with an adjoining unit. Dwelling, triplex, means a building containing three dwelling units, each of which has direct access to the outside or to a common hall. Dwelling unit means one or more rooms constructed with cook ing, sleeping and sanitary facilities designed for and limited to use as living quarters for one family. Dwelling unit, single-family, means one dwelling unit that is not attached to any other dwelling unit by any means. Dwelling unit, rowhouse. See "Dwelling unit, townhouse." - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 11 of 38 Dwelling unit, townhouse, means a single-family dwelling that shares a party wall with another of the same type and occupies the full frontage line. The term dwelling unit, townhouse and dwelling unit, rowhouse are synonymous. Engineer means a registered, practicing engineer, licensed by the state. Environmentally adverse means any use or activity which poses a potential or immediate threat to the environment and is physically harmful or destructive to living beings as described i n the Executive Order 12898 regarding environmental justice. Environmentally stressed community means a community exposed to a minimum of two environmentally adverse conditions resulting from: (1) Public and private municipal uses: a. Solid waste and wastewater treatment facilities; b. Utilities; c. Airports; and d. Railroads; and (2) Industrial uses: a. Landfills; b. Quarries; and c. Manufacturing facilities. Escort and dating services means any business that arranges a meeting between an escort and a client for entertainment or companionship for a fee. Exotic animal means any animal that is not normally domesticated in the United States or is wild by nature. Exotic animals include, but are not limited to, any of the following orders and families, whether bred in the wild or captivity, and also any of their hybrids with domestic species. The animals listed in parentheses are intended to act as examples and are not to be construed as an exhaustive list or limit the generality of each group of animals, unless otherwise specified: (1) Nonhuman primates and prosimians (monkeys, chimpanzees, baboons). (2) Felidae (lions, tigers, bobcats, lynx, cougars, leopards, jaguars). (3) Canidae (wolves, coyotes, foxes, jackals). (4) Ursidae (all bears). (5) Reptilia (all venomous snakes, all constricting snakes). (6) Crocodilia (alligators, crocodiles). (7) Proboscidae (elephants). (8) Hyanenidae (hyenas). (9) Artiodatyla (hippopotamuses, giraffes, camels, not cattle or swine or sheep or goats). (10) Procyonidae (raccoons, coatis). (11) Marsupialia (kangaroos, oppossums). (12) Perissodactylea (rhinoceroses, tapirs, not horses or donkeys or mules). - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 12 of 38 (13) Edentara (anteaters, sloths, armadillos). (14) Viverridae (mongooses, civets, and genets). Exterior street means a street, either public or private that is not located within a subdivision or final plat. Family. (1) The term "family" means one or more persons related by blood, marriage, adoption, guardianship or other duly authorized custodial relationship, or up to four unrelated persons, occupying a dwelling unit and living as a single housekeeping unit. (2) The term "family" does not include persons occupying a roominghouse, boardinghouse, lodginghouse, or a hotel. Family day care home means a home occupation in which shelter, care, and supervision are provided for six or fewer persons on a regular basis. A family day care home may provide basic educational instruction. Farm means: (1) A parcel of land which is used for the raising of animals (including fish) on a commercial basis, such as: a. Ranching; b. Dairy farming; c. Piggeries; d. Poultry farming; and e. Fish farming. (2) A facility for the business of boarding or renting horses to the public; or (3) A site used for the raising or harvesting of agricultural crops such as wheat, field forage and other plant crops intended for food or fiber. Fast food restaurant. See "Restaurant, fast food." Fence means an enclosure or barrier, composed of wood, masonr y, stone, wire, iron, or other materials or combination of materials used as a boundary, means of protection, privacy screening, or confinement, including brick or concrete walls but not including hedges, shrubs, trees, or other natural growth. Fence, Equestrian means fences made from treated and/or painted wooden boards nailed or screwed to posts, split rails with rounded ends that slide into holes in posts, composite board and minimum 4”x4” for posts. The height shall not exceed 60 inches from average grade and may include a 3 or 4 board configuration with a parallel or cross design. Colors shall be black, dark brown, or white. Columns constructed of brick or masonry is also acceptable and shall not exceed 66 inches in height from average grade. Financial establishment means an establishment for the custody, loan, exchange, or issue of money, for the extensions of credit, and for facilitating the transmission of funds. Flag lot means a lot where frontage to a public street is provided via a narrow strip of land forming a pole or stem to the buildable portion of the lot. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 13 of 38 Flea market and second hand surplus retailers means an establishment selling secondhand articles, antiques, curios and cut-rate merchandise, typically outdoors and in individually rented stalls. Flood lamp means a form of lighting designed to direct its output in a specific direction with a reflector formed from the glass envelope of the lamp itself. Such lamps are so designated by the manufacturers and are typically used in residential outdoor area lighting. Floodlight means a form of lighting designed to direct its output in a diffuse, more or less specific direction, with reflecting or refracting elements located external to the lamp. Floodplain management terms. The following definitions apply to sections of the zoning ordinance on floodplain management: (1) As-built drawings means plans which show the actual locations, elevations, and dimensions of the improvements as certified by a professional engineer or a license d surveyor in the state. (2) Base flood means the flood having a one-percent chance of being equaled or exceeded in any given year the 100-year flood. (3) Base flood elevation (BFE) means the highest water surface elevation anticipated at any given point during the base flood. (4) Development means any manmade change to improved or unimproved real estate including, but not limited to, buildings or other structures, such as mining, dredging, filling, grading, paving, excavation or drilling operations. (5) Federal Emergency Management Agency (FEMA) means the federal agency which administers the National Flood Insurance Program. This agency prepares, revises and distributes the maps and studies adopted under sections 64-258 through 64-315 (6) Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters or the unusual and rapid accumulation of runoff of surface waters from any source. (7) Flood elevation study means an examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations. (8) Flood boundary and floodway map means an official map of Fulton County on which FEMA has delineated the various flood boundaries, the floodway fringe, and the floodways. (9) Flood fringe means that area contained by the flood boundaries exclusive of the regulatory floodway. (10) Flood insurance rate map (FIRM) means the official map of Fulton County on which FEMA has delineated the risk premium zones. (11) Flood insurance study (FIS) means a compilation of flood-related data obtained from the flood studies for the unincorporated areas of Fulton County, Georgia, prepared by FEMA. (12) Floodplain means lands subject to flooding, which have a one percent probability of flooding occurrence in any calendar year; the 100-year floodplain is shown on the Flood Boundary and Floodway Map. The term "floodplain" is also referred to as area of moderate flood hazard. (13) Floodprone area means areas shown on the flood insurance rate map as "Zone B" (zone where the contributing drainage area is less than one square mile) and which are determined by the public works department to be a hazard to adjacent properties or development in the event of the base flood. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 14 of 38 (14) Floodproofing means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or elim inate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. (15) Floodway. See "Regulatory floodway." (16) Freeboard means a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. (17) Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. (18) Intermediate regional flood (IRF) elevation. See "Base flood elevation." (19) Lowest floor means the lowest minimum floor including basement and attached garage. (20) Map means the flood boundary and floodway map or the flood insurance rate map. (21) Mean sea level means, for purposes of floodplain management, the National Geodetic Vertical Datum (NGVD) of 1929. (22) Mobile home. See "Mobile home." (23) Mobile home park/mobile home subdivision means a parcel (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including at a minimum the installation of utilities, either final site grading or the pouring of concrete pads and construction of streets) was completed on or after April 5, 1972. (24) NGVD means the National Geodetic Vertical Datum. (25) New structure means any proposed structure which does (did) not have a valid building permit prior to the effective date of this (amendment) ordinance. Note—This resolution was adopted on March 11, 1955. Records suggest that floodplain management provisions were first adopted on April 5, 1972. (26) Regulatory floodway means the channel of a river or other watercourse and the adja cent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. (27) Riverine means relating to, formed by, or resembling a river (including tributaries), stream, or brook. (28) Special flood hazard area means those lands subject to periodic flooding and shown on the flood insurance rate map as a numbered or unnumbered "A" zone. (29) Start of construction means the first placement of permanent construction of a structure, excluding a mobile home, on a site, such as the pouring of slabs or footing or any work beyond excavation. a. The term "start of construction" includes for any structure, except a mobile home, which has no basement or poured footings, the first permanent framing or assembly of the structure or any part thereof on its park or mobile home subdivision. For a mobile h ome, the term "start" means the date on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of pads, and installation of utilities) is completed. b. The term "permanent construction" does not include: - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 15 of 38 1. Land preparation, such as clearing, grading, and filling; 2. The installation of streets and walkways; 3. Excavation for a basement, footings, piers or foundations, and the erection of temporary forms; or 4. The installation of accessory buildings, such as garages and sheds, apart from the main structure. (30) State coordinating agency means the floodplain management coordinator of the state department of natural resources. (31) Structure means all walled and roofed buildings, storage tanks and other structural improvements located principally above ground. (32) Water surface elevation means the relationship between the projected heights and the NGVD reached by floods of various magnitudes and frequencies in the floodplains. Floor area, gross, means the sum of all floors of a structure as measured to the outside surfaces of exterior walls or the center of connected or common walls. (1) The term "gross floor area" includes: a. Common public areas, such as lobbies, restrooms and hallways; and b. Spaces devoted exclusively to permanent mechanical systems, permanent storage areas, stairwells and elevator shafts. (2) The term "gross floor area" does not include: a. Internal parking and loading areas; b. Attics; c. Porches; d. Balconies; and e. Other areas outside of the exterior walls of the building. (3) Gross floor area is used to determine the building sizes for all but single -family dwellings and to determine required parking when floor area is the designated measure for a use. The term "gross floor area" is commonly referred to as floor area. Floor area, ground, means the heated floor area of the first story of a building above a basement or, if no basement, the lowest story. Floor area, heated. (1) The term "heated floor area" means the sum of all heated area of a dwelling or dwelling unit, as appropriate, measured to the inside surfaces of exterior walls. (2) The term "heated floor area" does not include: a. Porches; b. Balconies; c. Attics; d. Basements (finished or unfinished); e. Garages; - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 16 of 38 f. Patios; and g. Decks. Floor area, net. (1) The term "net floor area" means the sum of all floors of a structure as measured to the outside surfaces of exterior walls. (2) The term "net floor area" does not include: a. Halls; b. Stairways; c. Elevator shafts; d. Attached and detached garages; e. Porches; f. Balconies; g. Attics with less than seven feet of headroom; h. Basements; i. Patios; and j. Decks. Floor area, net leasable, means the gross floor area less the common public areas. Footcandle means a unit of measure for illuminance on a surface that is everywhere one foot from a point source of light of one candle, and equal to one lumen per square foot of area. Fortune telling establishment means all persons, firms or corporations engaging in the business, trade or profession of fortune-telling, astrology, phrenology, palmistry, clairvoyance, or related practices for a charge or by donation. Fuel oil means a liquid petroleum product that is burned in a furnace for the generation of heat or used in an engine for the generation of power. The term "fuel oil" includes oil that may be: (1) A distilled fraction of petroleum; (2) A residuum from refinery operations; (3) A crude petroleum; or (4) A blend of two or more of the oils in subsections (1) through (3) of this definition. Full cutoff means a luminaire light distribution where zero candela intensity occurs at or above an angle of 90 degrees above nadir. Additionally, the candela per 1,000 lamp lumens does not numerically exceed 100 (ten percent) at or above a vertical angle of 80 degrees above nadir. This applies to all lateral angles around the luminaire. Full cutoff fixture means an outdoor light fixture shielded or constructed in such a manner that it emits no light above the horizontal plane of the fixture. Funeral home means an establishment with facilities for the preparation of the dead for burial or cremation, for the viewing of the body, and for funerals. Garage, automobile repair. See "Repair garage, automobile." - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 17 of 38 Garden center means a business whose primary operation is the sale of seeds and organic and inorganic materials, which include, but are not limited to, trees, shrubs, flowers, and other plants for sale or transplanting, mulch, pine straw, and other organic products for landscaping purposes, and other limited retail accessory products for gardening and landscaping. Gasoline station means a commercial retail establishment for the dispensing and distribution of automotive fuels with or without a retail convenience store. Gathering line means a pipeline that transports fuel oil/liquid petroleum product from a current production facility to a transmission line or main. Glare means the sensation produced within the visual field by luminance that is sufficiently greater than the luminance to which the eyes are adapted, causing annoyance, discomfort, or loss in visual performance and visibility. Golf course means a use of land for playing the game of golf. (1) The term "golf course" includes a country club and a driving range as an accessory use. (2) The term "golf course" does not include miniature golf. Governmental facility means a building or institution provided by the government to care for a specified need, such as a courthouse or county jail. Grade means the average elevation of the finished surface of the ground adjacent to all sides of any structure. Gravel road means an unpaved road surfaced with gravel material that is constructed and maintained to function as an all-weather surface for vehicular and pedestrian travel. Green space means permanently protected land and water, including agricultural and forestry land that is in its undeveloped, natural state or that has been developed only to the exte nt consistent with, or is restored to be consistent with, one or more of the following goals: (1) Water quality protection for rivers, streams, and lakes; (2) Flood protection; (3) Wetlands protection; (4) Reduction of erosion through protection of steep slopes, areas with erodible soils, and stream banks; (5) Protection of riparian buffers and other areas that serve as natural habitat and corridors for native plant and animal species; (6) Scenic protection; (7) Protection of archaeological and historic resources; (8) Provision of recreation in the form of boating, hiking, camping, fishing, hunting, running, jogging, biking, walking, and similar outdoor activities; and (9) Connection of existing or planned areas contributing to the goals set out in this definition. Group residence for children means a dwelling unit or facility in which fulltime residential care is provided for children under the age of 17 years as a single housekeeping unit. A group reside nce must comply with applicable federal, state and local licensing requirements. A group residence may not serve the purpose of, or as an alternative to, incarceration. Group residence/shelter. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 18 of 38 (1) The term "group residence/shelter" means a state-licensed 24-hour residential facility functioning as a single housekeeping unit for the sheltered care of persons with special needs which, in addition to providing food and shelter, may also provide some combination of personal care, social or counseling services and transportation. Bedroom suites shall not include kitchen facilities. (2) The term "group residence/shelter" does not include those facilities which exclusively care for children under the age of 17 years. Guesthouse means a detached accessory dwelling unit located on the same lot with a single -family dwelling unit. A guesthouse may be only used by relatives, guests or employees that work on the property without payment for rent. Gymnasium means a room or building used for various indoor sports and physical fitness usually equipped with spectator accommodations, locker and shower rooms, classrooms, and/or swimming pools. Hardship means the existence of extraordinary and exceptional conditions pertaining to the size, shape, or topography of a particular property, because of which the property cannot be developed in strict conformity with the provisions of this zoning ordinance. Health club/spa means a commercial establishment whose members pay a fee to use its health and fitness facilities and equipment. This definition does not include residential or subdivision amenities areas. Height means the vertical distance measured from the finished grade along all walls of a structure to the highest point of the coping or parapet of a flat roof or to the average height between eaves and ridge for gable, hip and gambrel roofs. Historic period lighting means commercial lighting with an architectural design from the late 19th and early 20th centuries. Home occupation means an accessory use of a dwelling unit for business, operated by members of the resident family only (see section 64-213). Home schooling means the practice of teaching one's own children at home in accordance with O.C.G.A. §§ 20-2-690 and 20-2-690.1. Hoop stress means a causation of internal and external pressure loading on the pipe. Hospital means the provision of inpatient health care for people, including: (1) General medical and surgical services; (2) Psychiatric care and specialty medical facilities; and (3) Outpatient facilities. Hotel, apartment, means a use which provides individual units which include cooking facilities, and which are used for temporary lodging to persons not related to the owner for fewer than 30 days. Hotel/motel means a building in which lodging and boarding is provided for fewer than 30 days. The term "hotel/motel" includes a restaurant in conjunction therewith. The term "hotel/motel" also means a tourist court, motor lodge and inn. IESNA means the Illuminating Engineering Society of North America, a nonprofit professional organization of lighting specialists that has established recommended design standards for various lighting applications. Illuminance means the quantity of light arriving at a surface divided by the area of the illuminated surface, measured in footcandles. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 19 of 38 (1) Horizontal illuminance applies to a horizontal surface. (2) Vertical illuminance applies to a vertical surface. (3) The term "average illuminance" means the level of illuminance over an entire illuminated target area. (4) The term "maximum illuminance" means the highest level of illuminance on any point within the entire area. (5) The term "minimum illuminance" means the lowest level of illuminance on any point within the entire area. Illuminance levels. (1) The term "illuminance levels" means illuminance levels and footcandles noted in this zoning ordinance. (2) The term "illuminance levels" also means the illuminance levels occurring just prior to lamp replacement and luminaire cleaning. (3) The average illuminance level applies to an entire illuminated target area. (4) Minimum and maximum illuminance levels apply to small areas within the entire illuminated target area. Unless otherwise noted, illuminance levels refer to horizontal illuminance levels. Illumination. (1) The term "direct illumination" means illumination which is projected from within a sign, building, etc. (2) The term "indirect illumination" is illumination which is projected onto a sign, building, etc. Impervious cover means any manmade paved, hardened or structural surface regardless of material. Impervious cover includes, but is not limited to: (1) Rooftops; (2) Buildings; (3) Streets; (4) Roads; (5) Decks; (6) Swimming pools; and (7) Any concrete or asphalt. Improvement setback means an area adjacent to a zoning buffer in which no improvements and structures shall be constructed. No development activity such as tree removal, stump removal or grinding, land disturbance or grading is permitted without the approval of the director of community development department. Industrialized building means a building manufactured in accordance with the Georgia Industrialized Building Act (O.C.G.A. §§ 8-2-110—8-2-112) and the Rules of the Commissioner of the Georgia Department of Community Affairs issued pursuant thereto. State approved buildings meet the state building and construction codes and bear an insignia of approval issued by the commissioner. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 20 of 38 Institutional uses include: (1) Schools; (2) Colleges; (3) Vocational schools; (4) Hospitals; (5) Places of worship; (6) Asylums; (7) Museums; and (8) Other similar uses or facilities. Junk facility. See "Salvage/storage/junk facility." Kennel means a use for the shelter of domestic animals where the shelter of these animals involves an exchange of revenue in which a business license is required. If the kennel is a nonbusiness operation, its use may be certified by the Fulton County Animal Control Office. Lamp means the component of an outdoor luminaire that produces light. Land disturbance permit means a permit issued by the community development department that authorizes the commencement of alteration or development of a given tract of land or the commencement of any land disturbing activity. Land disturbing activity means any alteration of land which may result in soil erosion from water or wind and the movement of sediment into water or onto lands including, but not limited to: (1) Clearing; (2) Dredging; (3) Grading; (4) Excavating; (5) Transporting; and (6) Filling. Landfill, inert waste disposal means a disposal facility, accepting only waste that will not or is not likely to cause production of leachate of environmental concern by placing an earth cover thereon. (1) The term "inert waste" means: a. Earth and earthlike products; b. Concrete; c. Cured asphalt; d. Rocks; e. Bricks; f. Yard trash; g. Stumps; h. Limbs; and - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 21 of 38 i. Leaves. (2) The term "inert waste" does not include other types of industrial and demolition waste not specifically listed in subsection (1) of this definition. Refer to the rules concerning solid waste management of the Georgia Department of Natural Resources, Enviro nmental Protection Division, as amended, for further definition. Landfill, solid waste disposal, means a disposal facility accepting solid waste excluding hazardous waste disposed of by placing an earth cover thereon. The term "solid waste" includes waste from domestic, agricultural, commercial and industrial sources. Refer to the rules concerning solid waste management of the Georgia Department of Natural Resources, Environmental Protection Division, as amended, for further definition. Landscape architect means a registered, practicing landscape architect licensed by the state. Landscape strip means an area required by this zoning ordinance or by conditions of zoning which is reserved for the installation and maintenance of plant materials. Landscape business means a business providing the services described herein at off -site locations. While most of the actual landscape activity occurs off -site, the business owner's property may be approved for equipment storage, parking, material storage and a building or buildings for storage and plant propagation. Landscape businesses typically include outdoor activities such as: lawn installation; mowing and maintenance; fertilization and/or insecticide treatment; the planting and maintenance of trees, shrubs and flowers; tree and stump removal; the spreading and grading of top soil, mulch or other ground covers; the installation of stone, brick and block walkways and retaining walls; and the temporary storage of plant trimmings. Large-scale retail/service commercial development means a retail/service commercial development with at least one large-scale retail structure but no more than four such structures whether freestanding or combined. Large-scale retail/service commercial structure means an individual retail/service commercial structure that is 75,000 square feet or greater. This size threshold refers to an individual establishment and its associated outdoor areas used for display and storage. Laundromat means any commercial laundry where coin-operated or other self-service washing machines are available to individual customers. Laundry and dry cleaning plant distribution center means an establishment performing the dry cleaning and laundering processes on site with or without walk -in facilities and typically sending laundered products out to separate pick up sites. Laundry and dry cleaning shop means a commercial establishment whose business is the cleansing of fabrics with non-aqueous organic solvents and may include laundering off-site. Lawful use means any use of lots or structure which is not in violation of any existing federal, state or local law, statute, regulation or ordinance. Lawn service business means a commercial establishment providing lawn care, maintenance and propagation for a fee. These services are provided at off-site locations. Library means a place set apart to contain books and other literary material for reading, study, or reference, for use by members of a society or the general public. Light, direct, means light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens, of luminaire. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 22 of 38 Light, fully shielded, means outdoor light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test report. Light, indirect, means direct light that has been reflected or has scattered off of other surfaces. Loading space means an area within the main building or on the same lot, which provides for the loading, or unloading of goods and equipment from delivery vehicles. Lodge and/or retreat/campground means a facility allowed with a use permit which provides space, food and/or lodging facilities for social, educational or recreational purposes. Lot means the basic lawful unit of land, identifiable by a single deed. A group of two or more contiguous lots owned by the same entity and used for a single use shall be considered a single lot. The terms "lot," "tract" and "parcel" are synonymous. Lot, corner, means a multiple frontage lot adjoining two streets at their intersection. Lot coverage means the percentage of impervious surfaces located on a lot in comparison to the total lot area, calculated by dividing impervious surface area by t otal lot area. For purposes of calculating lot coverage, impervious surfaces shall include the following: (1) the footprint of the main building regardless of size; (2) the total footprints of any accessory buildings larger than one hundred fifty (150) square feet; (3) swimming pools, hot tubs, and associated decks and; (4) parking pads and driveways. For purposes of calculating lot coverage, total lot area shall be the area of the lot reduced by the area of all of the following that are located within the boundaries of the lot: (1) golf courses, (2) bodies of water, and (3) streets. Lot frontage means the shortest property line adjoining a street or, for lots requiring no street frontage, oriented toward a street. A property line adjoining a stub street shall not be considered as frontage unless it is proposed for access or is the only street frontage. Front yard requirements shall be measured from this property line. In situations where a multiple frontage lot has equal d istance on street frontages, the director of community development shall determine the legal lot frontage. Lot line, front, means a lot line which extends the entire length of an abutting street from intersecting property line to intersecting property line. The front lot line of a corner lot abuts the street which adjoins the lot for the shortest distance. Lot line/property line means a line established through recordation of an approved plat, or a deed in the absence of a platting requirement, which separates a lot from other lots, or a lot from rights-of-way. Lot line, rear, means, generally, the lot line opposite and most distant from the front lot line. For a pointed or irregular lot, the rear lot line shall be an imaginary line, parallel to and the m ost distant from the front lot line, not less than 20 feet long, and wholly within the lot. True triangular lots do not have rear lot lines. Lots with more than one front lot line do not have rear lot lines. The director of the community development department or his or her designee shall make the final determination of rear lot lines when in dispute or undefined by this definition. Lot line, side, means a lot line which is not a rear or front lot line. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 23 of 38 Lot, multiple frontage, means lots adjoining more than one street. Lot, nonconforming. See "Nonconforming lot, use or structure." Lot-of-record means a lot, whether lawful or unlawful, which appears on a deed and plat recorded in the official records of the clerk of superior court. Lot, unlawful, means any lot-of-record which, at the time of recordation in the official records of the clerk of superior court, was not in compliance with zoning and subdivision laws in effect at that time. Lot width, minimum, means the least dimension required along the building line specified for each district, parallel to the lot frontage and measured between side lot lines. Luminaire means a complete lighting system and includes a lamp and a fixture. Luminaire height means the vertical distance from the ground directly below the centerline of the luminaire to the lowest direct-light-emitting part of the luminaire. Maintenance, normal, means the upkeep of a sign for the purpose of maintaining safety and appearance which may include: (1) Painting; (2) Bulb replacement; (3) Panel replacement; (4) Letter replacement; and (5) Repair of electrical components and structural reinforcements to its original condition. Manufactured home. (1) The term "manufactured home" means a structure, transportable in one or more sections, which, in the traveling mode, is eight-body feet or more in width or 40-body feet or more in length or, when erected on site, is 320 or more square feet and which is bui lt on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein. (2) The term "m anufactured home" includes any structure which meets all the requirements of this definition except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the secretary of housing and urban developmen t and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 5401 et seq. Manufactured home installation means the construction of a foundation system and the placement or erection of a manufactured home or a mobile home on the foundation system. The term "manufactured home installation" includes, without limitation, supporting, blocking, leveling, securing, or anchoring such home and connecting multiple or expandable sections of such home. Marquee means any permanent rooflike structure projecting beyond a building or extending along and projecting beyond the wall of the building used for advertising or identification. Massage parlor means any building, structure, or place, other than a regularly licensed and established hospital or dispensary, whose principal business is to practice nonmedical or nonsurgical manipulative exercises or devices upon the human body manually or otherwise by any person other than a licensed physician, surgeon, dentist, occupational or physical therapist, chiropractor or osteopath with or without the use of therapeutic, electrical, mechanical or bathing devices. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 24 of 38 Massing means varying the massing of a building and includes varying the surface planes of the building: (1) With porches, balconies, bay windows, and overhangs; (2) By stepping-back the buildings from the second floor and above; or (3) By breaking up the roofline with different elements to create smaller compositions. Medical related lodging means a use which provides temporary lodging for family members of a hospitalized patient. Millinery means an establishment for the crafting, production and, or sale of headwear. Mineral extraction means severance and removal of sand, stone, gravel, top soil, and other mineral resources whenever such severance and removal is not conducted in conjunction with a permitted development activity. Mini-warehouse means a structure or group of structures containing separate spaces/stalls which are leased or rented on an individual basis for the storage of goods. Minor variance. See "Variance." Mobile home means a structure, transportable in one or more sections, which, in the traveling mode, is eight-body feet or more in width or 40-body feet or more in length or, when erected on site, is 320 or more square feet and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein; and manufactured prior to June 15, 1976, or otherwise does not comply with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 USC 5401 et seq. Mobile home park. (1) The term "mobile home park" means use of property for two or more mobile homes for living purposes, and spaces or lots set aside and offered for use for mobile homes. (2) The term "mobile home park" does not include mobile home sales lot. Model home means a dwelling unit used for conducting business related to the sale of a development. Modification means an application requesting change to an approved condition of zonin g or use permit, except for conditions that pertain to a change in use, increase in density, and increase in height. Modular building. See "Industrialized building." Modular home means a dwelling manufactured in accordance with the Georgia Industrialized Building Act. See "Industrialized building." Mortuary. See "Funeral Home." Mausoleum means a building where bodies are interred above ground in stacked vaults. Motel. See "Hotel/motel." Multi-tenant means two or more businesses that provide goods and services within separate structures located on the same site or within the same structure that provides wall separation and private access for each business. Museum means an institution devoted to the exhibition, procurement, care, study and display of objects of lasting interest or value. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 25 of 38 NADIR means the point directly below the luminaire defined as zero degrees vertical angle. Nonconforming (grandfathered) lot, use or structure means a use, lot or structure that was nonconforming at the time of the adoption of the Fulton County Zoning Resolution on March 11, 1955, or subsequent amendments thereto, or created by deed between March 11, 1955 and September 21, 1967, (adoption of the subdivision regulations), and does not now meet the minimum requirements of the district in which it is located. Also, a use, lot or structure which has been made nonconforming by some county or state action. Any change or addition to a use, lot or structure must comply with current provisions of this zoning ordinance. Nonstructural stormwater management practice or nonstructural practice means any natural or planted vegetation or other nonstructural component of the stormwater management plan that provides for or enhances stormwater quantity and quality control or other stormwater management benefits including, but not limited to: (1) Riparian buffers; (2) Open and greenspace areas; (3) Overland flow filtration areas; (4) Natural depressions; and (5) Vegetated channels. Nursing home. (1) The term "nursing home" means a use in which domiciliary care is provided to three or more chronically ill nonfamily members who are provided with food, shelter and care. (2) The term "nursing home" does not include: a. Hospitals; b. Clinics; or c. Similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. (3) A convalescent center, nursing home and personal care home are further distinguished in administrative and use permit provisions. Off-premises means a location outside of the subject lot for a designated use. Off-site premises means the location of a structure or use outside the lot-of-record of the subject development, including the adjoining street or other right-of-way. On-premises means the individual lot-of-record on which the use is located. On-site premises means the location of a structure or use within the confines of a property delineated by property lines or, if referenced in a zoning or use permit case, within the confines of the boundaries of the legal description filed with the petition. Office, temporary, means a mobile, manufactured or other structure which is used as an office for real estate sales, on-site construction management and related functions. Requires an administrative permit under temporary structures. Office, permanent, means a room or building wherein a professional person conducts business, typically performing a service for another. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 26 of 38 Open space means a portion of a site which is permanently set aside for public or private u se and will not be developed. The space may be used for passive or active recreation or may be reserved to protect or buffer natural areas. (1) The term "open space" includes wooded areas other than required landscape strips and buffers, pathways/walkways, fields, and sensitive environmental areas such as wetlands, etc. (2) The term "open space" does not include detention facilities and platted residential lots. Ordinance means this City of Milton Zoning Ordinance. Outparcel (spin-site) means a portion of a larger parcel of land generally designed as a site for a separate structure and business from the larger tract. An outparcel may or may not be a subdivision of a larger parcel. To be recognized as an outparcel, the portion must be identified on a site plan approved for the larger parcel. Package sales store means an establishment retailing beer, malt, wine, or distilled spirits in the original consumer container, typically sold directly to the final consumer and not for resale. See section 4- 1 of the Milton City Code. Parcel. See "Lot." Parking lot means an off-street area which is used for the temporary parking of vehicle whether paid or unpaid. Typically, lots are surfaced and improved and may include a parking garage as a multi -story facility. Parking garage/deck. See "Parking lot." Parking space means an area designated for the parking of one vehicle on an all -weather surface. No more than two carport or garage spaces may offset the minimum parking requirements in a single - family residential district. (Specifications included in article VIII.) Path means a cleared way for pedestrians and bicycles that may or may not be paved or otherwise improved. Pawnshop means a business that lends money at interest on personal property deposited with the lender until redeemed. Personal care home/assisted living. (1) The term "personal care home/assisted living" means a state-licensed use in which domiciliary care is provided to adults who are provided with food, shelter and personal services. (2) The term "personal care home/assisted living" does not include: a. Hospitals; b. Convalescent centers; c. Nursing homes; d. Hospices; e. Clinics; or f. Similar institutions devoted primarily to the diagnosis and treatment of the sick or injured. Personal services, stand alone, means those buildings specifically designed and used for providing personal grooming, and hygiene services. Pet grooming means caring for the appearance of domesticated animals kept for pleasure, including bathing and brushing services. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 27 of 38 Photography studio means a room or building used for professional commercial photography. Pipeline means any conduit through which natural gas, petroleum, oxygen, or other flammable or combustible products, or any of their derivative products are conveyed or intended to be conveyed. Plans review means the act of reviewing plans and specifications to ensure that proposed undertakings comply with various governing laws, ordinances and resolutions. Compliance is subsequently utilized to determine that work and materials are in accordance with approved plans and specifications. Plant nursery. (1) The term "plant nursery" means any land used to raise trees, shrubs, flowers and other plants for sale or transplanting. (2) The term "plant nursery" does not include: a. The retail sale of any related garden supplies such as chemical fertilizer, tools and other similar goods and equipment; or b. The retail sale of plants not grown on the property. Plat, final, means a finished drawing of a subdivision which provides a complete and accurate depiction of all legal and engineering information required by the subdivision regulations (chapter 50). Certification is necessary for recording. Plat, preliminary, means a drawing which shows the proposed layout of a subdivision in sufficient detail to clearly indicate its feasibility, but is not in final form for recordation pursuant to the subdivision regulations (chapter 50). Plumbing shop associated with retail sales means a commercial establishment used primarily for the sale of plumbing and lighting equipment, and supplies. Pool hall means any public place including three or more pool tables where a person is permitted to play the game of billiards and for which a charge is made for use of equipment or for which no charge is made for use of equipment and where alcoholic beverages are being served. Porch means a roofed open structure projecting from the exterior wall of a building and having at least 70 percent of the total area of the vertical planes forming its perimeter unobstructed in any manner except by insect-screening between floor and ceiling. Primary variance. See "Variance." Printing shop means a commercial establishment where copying, reproduction and other business services are performed. Prison/correctional facility. (1) The term "prison/correctional facility" means a public or state -licensed private owned buildings, and all accessory uses and structures, used for long-term confinement housing and supervision of persons who are serving terms of imprisonment for violation of criminal laws. (2) The term "prison" is distinguished from a jail, in that a prison is considered to be larger and for longer terms, and is normally operated under the authority or jurisdiction of the state or federal government. (See Section 64-1826, private correctional facility.) Property, when used in conjunction with an application for rezoning, means an area of land composed of less than one lot, or of accumulations of one or more lots, or parts thereof. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 28 of 38 Protected zone means all lands that fall outside the buildable area of a parcel, all areas of a parcel required to remain in open space, all areas required as landscape strips and buffers (including zoning buffers, state water buffers and tributary buffers) and all tree save areas according to: (1) The provisions of this zoning ordinance; (2) Conditions of zoning; (3) Use permit or variance approval; and (4) The tree preservation ordinance (article III of this zoning ordinance). Race track means the use of a course devoted to the racing of motor and non -motorized vehicles or animals, and all improvements normally associated with racing such as off -street parking, patron seating, concessions, and a fixed race track . Radio and television station means an installation consisting of one or more transmitters or receivers, used for radio and, or television communications. This definition includes broadcasting organizations and/or studios. Recreation fields means an outside area designed and equipped for the conduct of sports and leisure time activities including, but not limited to: (1) Softball; (2) Soccer; (3) Football; and (4) Field hockey. Recreational court, private. (1) The term "private recreational court" means an improved area designed and intended for the playing of a game or event such as basketball or tennis, and which serves a single-family dwelling, duplex dwelling and multifamily dwelling, or combinations of dwelling types, including such improved areas which are owned and/or controlled by a neighborhood club or similar organization. (2) The term "private recreational court" does not include a basketball goal adjoining a driveway of typical residential driveway dimensions. Recreational court, public, means an improved area designed and intended for the playing of a game or event such as basketball or tennis, and is operated as a business or as a club unless such club is a neighborhood club or similar organization identified under the definition "Recreational court, private." Recreational facilities includes: (1) Parks; (2) Recreation areas; (3) Golf courses; (4) Playgrounds; (5) Recreation counters (indoor and outdoor); (6) Playing fields; and (7) Other similar uses or facilities. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 29 of 38 Recreational vehicle means a vehicle used for leisure time activities and as a dwelling unit while traveling. The dimensions of a recreational vehicle shall not exceed a width of 8½ feet and a length of 45 feet. (1) The term "recreational vehicle" includes: a. A camper; b. A motor home; and c. A travel trailer. (2) The term "recreational vehicle" does not include a mobile home. Recycling center, collecting, means any facility utilized for the purpose of collecting materials to be recycled including, but not limited to, plastics, glass, paper and aluminum materials. Such use may be principal or accessory to a nonresidential use on nonresidentially zoned property, except AG -1 zoned properties unless the primary use is a permitted nonresidential use. Recycling center, processing. (1) The term "processing recycling center" means any facility utilized for the purpose of collecting, sorting and processing materials to be recycled including, but not limited to, plastics, glass, paper and aluminum materials whenever such use is permitted in M-1 and M-2 zoning districts. (2) The term "processing recycling center" does not include a landfill. Relocated residential structure means a dwelling which has been removed from one location for relocation to another lot. Repair garage, automobile, means a use which may provide a full range of automotive repairs and services including major overhauls. The term "automobile repair garage" includes paint and body shops. Repair garage, truck and heavy equipment means a use which may provide a full range of repairs and services including major overhauls on trucks and heavy equipment. The term "truck and heavy equipment repair garage" includes paint and body shops. Repair shop means a commercial establishment where small appliances, electronics and sm all motors are restored to working condition. Research laboratory means a workplace for the conduct of scientific research. Residential use/dwelling means any building or portion thereof where one actually lives or has his or her home. The term "residential use/dwelling" also means a place of human habitation. Restaurant means a food service use which involves the preparation and serving of food to seated patrons. The restaurant seating area must be at least 40 percent of the gross square footage of the restaurant facility. Seating space located outside of the main structure (i.e., patios, decks, etc.) shall not be included in calculating the seating space. The term "restaurant" includes a cafeteria. Restaurant, fast food, means a food service establishment which sells food from a counter or window for consumption on-premises or off-premises. Tables may be provided, and food may be served at a table, but may not be ordered from a table. Retail use means a business whose primary purpose is the sale of merchandise to consumers. Retreat. See "Lodge." Riding area means an area utilized for equestrian purposes including practice sessions, shows, etc., which may or may not be covered or with or without designated seating struct ures. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 30 of 38 Right-of-way means a portion of land over which a local or state government has designated a right of use. Roadside produce stand means a use offering either farm-grown, prepared food products such as fruits, vegetables, canned foods, or prepared packaged meats for sale from a vehicle or a temporary structure. The consumption of food on-site is prohibited. Roadside vending means the sale of merchandise such as clothing, crafts, household item, firewood, etc., from a temporary table or cart. Roominghouse means a residential use other than a hotel or motel in which lodging may be provided to nonhousehold members for periods of 30 days or longer, and which does not include the provision of meals. Rural or Agricultural Event Facility means a permanently established facility to include indoor or outdoor and indoor/outdoor or both sites utilized on a regular or seasonal basis for public and private gatherings. The facility takes advantage of special rural characteristics such as natural features, historic structures and landscapes, special views, open vistas, or a secluded pastoral locale. Types of uses may include but are not limited to weddings, corporate events, retreats, community events, private parties and family gatherings/reunions. Salvage/storage/junk facility means any use involving the storage or disassembly of wrecked or junked automobiles, trucks or other vehicles; vehicular impound lots; storage, bailing or otherwise dealing in scrap irons or other metals, used paper, used cloth, plumbing fixtures, appliances, brick, wood or other building materials; and the storage or accumulation outside of a storage building of used vehicle tires or tire carcasses which cannot be reclaimed for their original use. Such uses are storage and salvage facilities whether or not all or part of such operations are conducted inside or outside a building or as principal or accessory uses. State approval is required for all sites utilized for reclamation and disposal of toxic and hazardous waste. Scale refers to the relationship of the size of a building to neighboring buildings and of a building to a site. In general, the scale of new construction should relate to the majority of surrounding buildings. School, business, music or dance, means an educational institution devoted to a specific field of learning whether public or private. School, private, means an educational use having a curriculum at least equal to a public school, but not operated by the Fulton County Board of Education. School, special, means an educational use devoted to special education, including the training of gifted, learning disabled, mentally or physically handicapped persons, but not operated by the Fulton County Board of Education. Schools, colleges and universities means any educational facility established under the laws of the state (and usually regulated in matters of detail by local authorities), in the various districts, counties, or towns, maintained at the public expense by taxation, and open, usually without char ge, to all residents of the city, town or other district; private schools which have students regularly attending classes and which teach subjects commonly taught in these schools of this state; any educational facility operated by a private organization or local county, or state that provides training or education beyond and in addition to that training received in grades kindergarten to 12th, including, but not limited to: (1) Trade, business and vocational schools; and (2) Any institution of higher learning, consisting of an assemblage of colleges united under one corporate organization or government, affording instruction in the arts and sciences and the learned professions, and conferring degrees. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 31 of 38 Screen means a fence, wall, hedge, landscaping, earthen berm, buffer area or any combination of these that is designed to provided a visual and physical barrier. Seasonal business use means a primary use involving the sale of items related to calendar holidays, such as Christmas trees, Halloween pumpkins, etc., which may be conducted outside. Secondary variance. See "Variance." Self-storage/mini means a single-level structure or group of structures containing separate spaces/stalls and which are leased or rented to individuals for the storage of goods. Self-storage/multi means a multi-level structure containing separate storage rooms/stalls under a single roof that are leased or rented. Senior housing means a single-family or multifamily development intended for, operated for and designed to accommodate residents 55 years of age and older. Senior housing communities are designed for seniors to live on their own, but with the security and conveniences of community living. Some provide communal dining rooms and planned recreational activities (congregate living or retirement communities), while others provide housing with only minimal amenities or services. Service commercial use means a business whose primary purpose is to provide a service. Service line means a distribution line that transports natural gas from a common source of supply to: (1) A customer meter or the connection to a customer's piping, whichever is farther downstream; or (2) The connection to a customer's piping if there is no customer meter. The term "customer meter" means the meter that measures the transfer of gas from one operator to a customer. Service station means a use which provides for the sale of motor vehicle fuels and au tomotive accessories, and which may provide minor repair and maintenance services. A service station shall be limited to four or fewer bays excluding no more than one attached or detached bay for washing cars. Setback means a space between a property line and a building or specified structure. Setback, minimum, means the minimum yards as specified in the various use districts. A minimum required space between a property line and a structure. An area identified by a building line. Sidewalk means a paved area designated for pedestrians which is constructed in accordance with city standards. Site plan means a detailed plan, drawn to scale, based on a certified boundary survey, and reflecting conditions of zoning approval, various requirements of state law, and zoning ordinances and other applicable ordinances. Site plan, preliminary, means a detailed plan, normally associated with rezoning and use permit requests, which is drawn to scale and reflects the various requirements of state law and of city ordinances. A preliminary site plan must be drawn to scale and shall contain information listed for such a plan as prescribed by the community development department. Skywalk means an elevated, grade separated pedestrian walkway or bridge located over a public right-of-way. Special event. (1) The term "special event" means an event or happening organized by any person or organization which will generate or invite considerable public participation and spectators for a particular and limited purpose of time including, but not limited to: - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 32 of 38 a. Special sales and service promotions; b. Car shows; c. Arts and crafts shows; d. Horse shows; e. Carnivals, festivals, exhibitions, circuses and fairs; f. Show houses; and g. Tours of homes for charity. (2) Special events are not limited to those events conduc ted on the public streets but may occur entirely on private property. (3) Special events may be for profit or nonprofit. (4) Special events which will occur in the public right-of-way, such as roadway footraces, fundraising walks, bike-a-thons, parades, etc., are subject to the approval of the city police department. Specified anatomical areas means less than completely and opaquely covered human genitals, pubic regions, buttocks, or female breasts below a point immediately above the top of the areola; an d human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified sexual activities means: (1) Human genitals in a state of sexual stimulation or arousal; (2) Acts of human masturbation, sexual intercourse or sodomy; or (3) Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts. Spill light means the light that illuminates surfaces beyond the intended area of illumination caused by the uncontrolled direct light component from the luminaires. Stadium means a large open or enclosed structure used for sports and other major events and partly or completely surrounded by tiers of seats for spectators. Stormwater better site design means nonstructural site design approaches and techniques that can reduce a site's impact on the watershed and can provide for nonstructural stormwater management. The term "stormwater better site design" includes but is not limited to: (1) Conserving and protecting natural areas and greenspace; (2) Reducing impervious cover; and (3) Using natural features for stormwater management. Stormwater management means the collection, conveyance, storage, treatment and disposal of stormwater runoff in a manner intended to prevent increased flood damage, streambank channel erosion, habitat degradation and water quality degradation as determined by engineering studies, in a manner which enhances and promotes the public health, safety and general welfare. Stormwater management facility means any infrastructure that effects stormwater management and which controls or conveys stormwater runoff. Story. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 33 of 38 (1) The term "story" means a portion of a building between the surface of any floor and the floor or space above it; (2) The term "story" does not include basements and attics. Story, half, means a heated and finished area below a roof, one or more of the vertical walls of which are less than normal ceiling height for the building. Street means a roadway/right-of-way located and intended for vehicular traffic. Streets may be public or they may be private if specifically approved by the community development department as part of a subdivision plat or approved through the privatization process. (1) Public streets means rights-of-way used for access owned and maintained by the federal, state, or local government. (2) Private streets means roadways and parallel sidewalks similar to and having the same function as a public street, providing vehicular and pedestrian access to more than one property, but held in private ownership (as distinct from a driveway). Private streets are constructed to city standards but owned and maintained by a private entity. Necessary easements for ingress and egress for police, fire, emergency vehicles and all operating utilities shall be prov ided. Should the city ever be petitioned to assume ownership and maintenance of the private streets prior to dedication of the streets, they must be brought to acceptable city standards subject to the approval of the director of public works. (3) Stub-out streets means streets having one end open to traffic and being temporarily terminated at the other. Stub-outs generally do not have, but may be required to have, a temporary vehicular turnaround. This temporary termination is to provide connectivity to fu ture developments and may be constructed without curb and gutter provided such stub-out street meets the standards of the fire department. (4) Driveway means a vehicular access way in private ownership, other than a private street, which provides access primarily to only one property or project, or to no more than three single -family detached residences. (5) Roadway. a. The term "roadway" means the paved or graveled portion of a street from back of curb to back of curb (or edge of pavement to edge of pavement for streets not having curbs). b. The term "roadway" does not include driveway aprons, bridges, and large single and multi - cell culverts which in a hydrologic sense can be considered to function as a bridge. (6) Freeway means any multi-lane roadway having full access control and separation of directional traffic. A freeway accommodates large volumes of high speed traffic and provides efficient movement of vehicular traffic for interstate and major through travel. (7) Principal arterial means any roadway that has partial or no access control and is primarily used for fast or heavy traffic. Emphasis is placed on mobility rather than access to adjacent land. (8) Minor arterial means any roadway that has partial or no access control and is primarily us ed for interconnectivity of major arterials and places more emphasis on access to adjacent land over mobility than principal arterials. (9) Collector road means any roadway that has partial or no access control and has more emphasis on access to adjacent land over mobility than arterials. The primary purpose is to distribute trips to and from the arterial system to their destination points and allow access to the local roads. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 34 of 38 (10) Local road means any roadway that has no access control and places strong e mphasis on access to adjacent land over mobility while service to through traffic is discouraged. (11) Full access control means that preference is given to through traffic by providing access connections only with selected public roads and by prohibiting crossing at grade and direct private connections. (12) Partial access control means that preference is given to through traffic to a degree that in addition to connection with selected public roads, there may be some crossing at grade and some private connections. (13) No access control means that preference is generally given to access to adjacent land rather than mobility. Structure. (1) The term "structure" means anything built or constructed which occupies a location on, or is attached to, the ground. (2) The term "structure" does not include: a. Driveways; b. Surface parking lots; c. Patios; and d. Similar paved surfaces. Structure, accessory, means a subordinate structure, customarily incidental to a principal structure or use as determined by the Director of Community Development and located on the same lot. (1) Examples of accessory structures in single-family dwelling districts include outbuildings, such as, tool sheds, woodsheds, workshops, outdoor kitchens, pool houses, gazebos, guesthouses, storage sheds, detached garages and detached carports, etc. (2) The term "accessory structure" does not include: a. Fences and retaining walls; b. Driveways; c. Surface parking lots; d. Patios, and similar paved surfaces. Structure, principal, means a structure in which the principal use or purpose on a property occurs, and to which all other structures on the property are subordinate. The term "principal" is synonymous with the terms "main" and "primary." Subdivision means the division of land into two or more lots. The term "subdivision" also means a development consisting of subdivided lots. Surface, all-weather, means any surface treatment, including gravel, which is applied to and maintained: (1) So as to prevent: a. Erosion; b. Vehicle wheels from making direct contact with soil, sod or mud; and - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 35 of 38 (2) Which effectively prevents the depositing of soil, sod or mud onto streets from areas required to be so treated. Swimming pool, private, means a recreation facility designed and intended for water contact activities which serves single-family dwellings, duplex dwellings and multifamily dwellings, or combinations of dwelling types, including pools which are owned and controlled by a neighborhood club or similar organization. Swimming pool, public, means a recreation facility designed and intended for water contact activities which is operated as a business or as a club unless such club is associated with a neighborhood club or similar organization. Tattoo and body art or piercing establishment means any establishment whose principal business activity, either in terms of operation or as held out to the public, is performing the practice of physical body adornment by using the techniques of body piercing and tattooing. For the purposes of this code, the definition does not include ear piercing or body painting with pigments that are temporary in nature. Tenant panels means an on-premises sign panel that lists the name of tenants within a shopping center or development which the primary sign identifies. Theater means a building or area designed primarily for showing performing arts or motion pictures. Thoroughfare, major, means any street which is classified in the transportation element of the comprehensive plan as either a freeway, an arterial or a major collector. Thoroughfare, minor, means any street which is classified in the transportation element of the comprehensive plan as a minor collector or local street. Timber harvesting means a forestry operation including but not limited to the raising and harvesting of timber, pulp wood, and other forestry products for commercial purposes, the construction of roads, insect and disease control, fire protection, and may include the temporary operation of a sawmil l and or chipper to process the timber from said parcel. This does not include the cutting of timber associated with approved land development. Tinsmithing shop means an establishment wherein tin ware, sheet metal or other light metals are formed or repaired. Tower means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guyed towers and monopoles but not alternative antenna support structures. (1) The term "tower" includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers and the like. (2) The term "tower" does not include amateur radio antenna. Transfer station means a facility used to transfer solid waste from one trans portation vehicle to another for transportation to a disposal facility or processing operation. Transmission line means a pipeline other than a gathering line that: (1) Transports fuel oil/liquid petroleum product from a gathering line or storage facilit y (tank farm) to a distribution center or storage facility (tank farm); or (2) Transports fuel oil/liquid petroleum product within a storage field. Trespass light means the off-site spill light that illuminates beyond the property boundaries in which the light fixture is installed, where it is neither wanted nor needed. - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 36 of 38 Truck terminal means a primary use of property where trucks/trailers are either temporarily sto red, maintained or based. Trucks/trailers shall have current registration and license plates with decal. (Permitted M-2 heavy industrial district.) Use means the purpose or function arranged or intended for a structure or property. Use, accessory, means a subordinate use which is customarily incidental to the principal use of a lot, and which is located on the same lot as a principal use. Use permit means a permit approved by the city council, pursuant to a public hearing, which authorizes a use which must meet certain standards which exceed the requirements of the district as -a- whole. Use, principal, means the primary or main purpose or function of a lot or structure. The term "principal" is synonymous with the terms "main" and "primary." Variance. (1) Administrative minor variance means a variance to the minimum district yard requirements of not more than one foot, granted administratively by the director of community development. (2) Administrative variance means a request: a. For relief from the standards contained in article XVII, development regulations; b. To reduce the ten-foot improvement setback adjacent to buffers; or c. For a ten percent reduction of parking spaces as required in section 64-1413 (3) Concurrent variance means a request for a primary variance concurrently with a rezoning petition, modification or use permit. (4) Minor variance means an application requesting deviation from the minimum yard requirements, not to exceed ten percent of the dimensional requirements. (5) Primary variance means an application requesting relief from the standards of the zoning ordinance, except relief from use, minimum lot area, or minimum lot frontage. (6) Secondary variance means an appeal of a decision or action of a department director authorized to hear a variance request or interpretation of this zoning ordinance. Vegetative screen means an evergreen planting which, within three years of planting, provides a 100 percent visual barrier between a lot and adjacent lots and uses with a minimum height of six feet. A vegetative screen is composed of plant materials. Vehicle, junk or salvage, means any automobile, truck or other vehicle which is missing one of the following: (1) Current registration; (2) License plate with current decal; (3) Proof of liability insurance; and (4) Drivetrain component for more than 30 days. Veterinary clinic/hospital means a place where animals are given medical care and the boarding of animals is limited to short-term care incidental to the hospital use. Video arcade means any building structure or place where there are operated more than 1 5 coin- operated or self-service bona fide amusement games as that term is defined in O.C.G.A. § 16-12-35(d). - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 37 of 38 Waste means materials that are discarded, disposed of or no longer usable. Waste disposal boundary means the limit of all waste disposal areas, appurtenances, and ancillary activities including, but not limited to: (1) Internal access roads; and (2) Drainage control devices. Waste, hazardous. See "Georgia Department of Natural Resources" definition. Waste, solid. See "Georgia Department of Natural Resources" definition. Wild animal means any animal which is not wildlife and is not normally a domestic species in this state. This term specifically includes any hybrid or cross between any combination of a wild anima l, wildlife, and a domestic animal. Offspring from all subsequent generations of such crosses or hybrids are wild animals. Wildlife means any vertebrate or invertebrate animal life indigenous to this state or any species introduced or specified by the board and includes fish, except domestic fish produced by aquaculturists registered under O.C.G.A. § 27-4-255, mammals, birds, fish, amphibians, reptiles, crustaceans, and mollusks or any part thereof. Yard means a land area extending between a structure and a lot line. Yard, front, means a yard abutting any street except the side street on a corner lot. Front yards extend the entire length of an abutting street from intersecting lot line to intersecting lot line. The front yard of corner lots shall be applied to the street which abuts the lot for the shortest distance. Yard, minimum, means the minimum distance between a building or specified structure and a lot line as specified in the district regulations. Yard, rear, means the minimum required distance between the rear lot line and a structure. True triangular lots do not have rear yards. Lots with more than one front lot line do not have rear yards. The director of community development or his or her designee shall make the final determination of rear ya rds when in dispute or undefined by this definition. Yard, side, means a yard which is not a front or rear yard. Zero lot line means the location of a building on a lot in such a manner that one or more of the building's sides rest directly on a lot line, such as "patio homes" or "townhouses." Zoning conditions means the requirements placed on property by the city council at the time of approval of a rezoning and use permit. Zoning modification means an application to change approved zoning conditions on rezonings and use permits where it has been determined by the director of community development that the requested change involves a matter of significant public interest. (Ord. No. 11-05-96, § 1, 5-16-2011; Ord. No. 11-06-103, § 1, 6-20-2011; Ord. No. 12-10-149, § 1, 10-15-2012; Ord. No. 13-03-162, § 1, 3-18-2013; Ord. No. 13-04-171, § 1, 4-22-2013; Ord. No. 13- 06-177, § 1, 6-17-2013) Sec. 64-2. Purpose and title. (a) Purposes. This ordinance is entered as part of a comprehensive plan designed for the purposes, among others of: (1) Lessening congestion on the roads and streets; - THE CODE OF THE Chapter 64 - ZONING ARTICLE I. IN GENERAL RZ14-01 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 38 of 38 (2) Securing safety from fire, flood, and other dangers; (3) Providing adequate light and air; (4) Promoting the health and general welfare; and (5) Encouraging such distribution of population and such classification of land uses and utilization as will facilitate economic and adequate provisions for transportation, communications, roads, airports, water supply, drainage, sanitation, education, recreation and other public require ments. (b) Considerations. These regulations are made with reasonable consideration, among others: (1) To the character of the districts and their peculiar suitability for particular uses; and (2) With a general view of promoting: a. Desirable living conditions; b. Protecting property against blight and depreciation; and c. Encouraging the most appropriate use of land throughout Fulton County. Secs. 64-3—64-21. Reserved. 0 HOME OF' ESTABLISH ED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 4, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ14-02 -- To Amend Chapter 64, Article IX, Administrative Permits and Use Permits. MEETING DATE: Monday, June 16, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: ( YES () NO CITY ATTORNEY REVIEW REQUIRED: OYES () NO APPROVAL BY CITY ATTORNEY (APPROVED PLACED ON AGENDA FOR: D v l r�,[ J r REMARKS () NOT APPROVED r You= _ *** PHONE: 678.242.25001 FAX: 678.242.2499 reErr�n , Greene ; cCETifiea ; , F°° COMMUnit Echics infoftityofmiltonga.us I www.cify(�ofmilfonga.us (}� e .. » ,: ,..;, .y 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 CERTMEO BRONZE e To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted June 11, 2014 for the June 16, 2014 Regular Meeting (June 2, 2014 First Presentation and June 9, 2014 for Council Work Session) Re: Consideration of RZ13-22, RZ14-01, RZ14-02, RZ14-03, RZ14-04 – Text Amendments Department Recommendation: The Community Development Department recommends approval of the proposed text amendments as discussed below. Executive Summary: Staff has provided “clean copies” of each of the text amendments for your final review. Below is a summary of questions and comments from the June 9, 2014 Council Work Session with the Community Development Staff’s responses organized by each text amendment. RZ13-22 – Northwest Fulton Overlay District 1) Race Track – Page 5 (Allowed Use Chart) The Council asked Staff if there was a definition for “Race Track”. Currently there is not one in the Zoning Ordinance. The Use Permit appears to address race tracks for both animals and vehicles. Staff has proposed the following new definition that will be included in RZ14-01 Definitions. “Race track means the use of a course devoted to the racing of motor and non-motorized vehicles or animals, and all improvements normally associated with racing such as off- street parking, patron seating, concessions, and a fixed race track.” 2) There was discussion regarding whether additional requirements for building components and fencing were too restrictive. Below are lists of the items that are currently included in the text amendment: Page 7 - Sec.64-1141(6) a. – The following building components shall be prohibited: metal gates, burglar bars, chain link fence, metal roll down curtains. 2 Page 7 - Sec. 64-1141(7) – Fencing and height. 1. In yards adjacent to an exterior street an equestrian fence is required. 2. Fences in yards adjacent to an exterior street shall not exceed 60 inches from finished grade. 3. Retaining walls shall be constructed of block or poured concrete with natural stone veneer or solid stucco and brick only. If viewed from the street, walls shall provide a 360 degree veneer as described above. Retaining walls above three feet high shall have a continuous planting of evergreens. 4. Opaque fences are prohibited in yards adjacent to an exterior street. RZ14-01 – Definitions 1) Fence, Equestrian Page 12 - Staff replaced “be a minimum of” with “ not exceed” to be consistent with other parts of the Zoning Ordinance regarding height. 2) Race Track Page 28 - The following definition for “Race Track” has been provided based on Council’s discussion. “Race track means the use of a course devoted to the racing of motor and non- motorized vehicles or animals, and all improvements normally associated with racing such as off-street parking, patron seating, concessions, and a fixed race track.” RZ14-02 – Administrative Permits and Use Permits There are no additional changes to this text amendment. RZ14-03 – New Use Permit for a Rural or Agricultural Event Facility 1) Hours of Operation Page 1 – The Council requested more flexible hours of operation. Staff has combined Sec. 64-1842 (b) (6) and (7) into a new (6) to read as follows: (6) The maximum number of attendees and hours of operation will be evaluated by the Mayor and City Council on a case by case basis for each site to protect the public’s health, safety and welfare. RZ14-04 – New Use Permit for an Artist Studio 1) The Council discussed whether the two person limit, including the resident, was too restrictive. They suggested that it should be considered on a case by case basis depending on the size of the parcel and location in relation to other types of uses. 3 Page 1 - Staff has proposed the following edit for 3.b. to read: 3.b. The number of employees who can work on the premises shall be determined by the Mayor and City Council. When evaluating the proposed number of employees, the size of the property and buildings shall be considered in proportion to the number of proposed employees and/or adjacent uses. 2) The Council discussed whether a studio may be located within an accessory structure only where the property exceeds three acres in size. They suggested that it should be considered on a case by case basis depending on the size of the parcel and the size of the accessory structure. Page 2 – Staff has proposed the following edit for 3.d. to read: 3.d. The minimum lot size for a studio to be located within an accessory structure shall be determined by the Mayor and City Council. When evaluating if a studio can be located within an accessory structure, the size of the property in proportion to the size of the accessory structure shall be considered. 3) The Council requested that Staff consult with Michael Dillon to determine if the proposed development standards would be compatible with his Artist Studio. Staff did speak to Lauren Dillon and she indicated that the proposed development standards could be met with the current conditions of the property and operations. Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may approve the amendment as proposed and/or recommend further amendments to the text amendments discussed. Legal Review: Paul Frickey - Jarrard & Davis (March and May, 2014) Concurrent Review: City Arborist and Transportation/Stormwater Engineer Attachment(s): Text Amendments and Ordinances for RZ13-22, RZ14-01, RZ14-02, RZ14-03, RZ14-04 STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ14-02 AN ORDINANCE TO AMEND ARTICLE IX, ADMINISTRATIVE PERMITS AND USE PERMITS OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on June 16, 2014 6:00 p.m. as follows: SECTION 1. That the amendment of Article IX, Administrative Permits and Use Permits of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 16th day of June, 2014 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. ADMINISTRATIVE PERMITS AND USE PERMITS RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June16, 2014 Page 1 6/12/2014 ARTICLE IX. ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 1. - GENERALLY DIVISION 2. - USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS DIVISION 4. - ADULT ENTERTAINMENT USE PERMIT STANDARDS DIVISION 5. - MISCELLANEOUS USES - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 1. GENERALLY RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June16, 2014 6/12/2014 Page 2 DIVISION 1. GENERALLY Sec. 64-1523. Scope and intent. Sec. 64-1524. Application and approval. Sec. 64-1525. Applicability. Sec. 64-1526. Administrative permits; generally. Secs. 64-1527—64-1545. Reserved. Sec. 64-1523. Scope and intent. This article specifies uses which are not classified as permitted uses in zoning districts, and are therefore only allowed through the approval of an administrative permit or a use permit. The st andards which apply to each use are enumerated and must be met in order for an application to be granted. Sec. 64-1524. Application and approval. (a) Uses allowable with an administrative permit and the minimum standards for such uses are listed in sections 64-1592 through 64-1615 (b) Uses allowable with a use permit and the minimum standards for such uses are listed in division 4 of this article. Sec. 64-1525. Applicability. Uses enumerated herein may be authorized by a administrative permit or use permit, as specified. The regulations contained in this article shall not apply to any permitted use in any zoning district. Sec. 64-1526. Administrative permits; generally. Any use authorized by an administrative permit shall be approved and permitted by the director of the community development department whenever the proposed use complies fully with the requirements of the subject property's zoning district and s tandards as set forth in sections 64-1592 through 64-1615. Each requested use for which an administrative permit is required shall be assigned an administrative permit number and charged a fee. Said permit shall be posted on site prior to commencement of use. Variances to administrative permit standards may be requested by petition to the board of zoning appeals. In certain cases, conditions are imposed by the director of the public works department with respect to roadway, water, sewer and other infrastructure improvements, and rights -of-way dedications which must be met. Secs. 64-1527—64-1545. Reserved. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 2. USE PERMITS RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 3 DIVISION 2. USE PERMITS Sec. 64-1546. Approval. Sec. 64-1547. Application. Sec. 64-1548. Expiration. Sec. 64-1549. Reapplication. Sec. 64-1550. Variances. Sec. 64-1551. Accessory uses. Sec. 64-1552. Considerations. Sec. 64-1553. Additional restrictions. Secs. 64-1554—64-1572. Reserved. Sec. 64-1546. Approval. Any use authorized by a use permit may be approved by the city council in accordance with the standards enumerated under each use (section 64-1552); provided: (1) The subject use is allowable in the subject property's zoning district; (2) The standards for the use permit as specified in this article can be met, as well as use permit considerations pursuant to section 64-1552 (3) A public hearing has been held in relat ion to the use permit before the city planning commission and the city council in conformance with the notice standards outlined in article XIV of this zoning ordinance; (4) Recommendations have been received from the city community development department staff and the city planning commission; and (5) Conditions imposed with respect to right-of-way dedication and roadway, water, sewer and/or other infrastructure improvements are met. Sec. 64-1547. Application. Any use permit requests shall require a separate application when included with a petition for rezoning. Each requested use for which a use permit is required shall be charged a standard use permit fee and assigned a use permit number which will be listed on the petition for rezoning. A public hear ing, notice and evaluation shall be provided in accordance with article XIV of this zoning ordinance for each requested use permit. Each request shall be voted on separately, and each use permit request submitted as part of a rezoning petition shall be tre ated independently in the minutes of the city council meeting. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 2. USE PERMITS RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 4 Sec. 64-1549. Reapplication. The same or a substantially similar petition for a use permit which has been denied by the city council shall not be resubmitted to the community development department for a period of six months from the date of the denial. Sec. 64-1550. Variances. Variances to use permit standards contained in division 4 of this article for receiving a use permit may be considered by the city council concurrently with a use perm it petition if submitted with such petition. Such a variance request shall not require a separate variance application, but shall be assigned a variance number, charged a standard variance fee and be listed on the use permit petition as a concurrent variance in accordance with section 64-1890. Sec. 64-1551. Accessory uses. Structures and land may be used for uses customarily incidental to any approved use. Sec. 64-1552. Considerations. (a) In the interest of the public health, safety and welfare, the city council may exercise limited discretion in evaluating the site proposed for a use which requires a use permit. In exercising such discretion pertaining to the subject use, the city council shall consider each of the following: (1) Whether the proposed use is consistent with the comprehensive land use plan or economic development revitalization plans adopted by the city council; (2) Compatibility with land uses and zoning districts in the vicinity of the property for which the use permit is proposed; (3) Whether the proposed use may violate local, state and federal statute s, ordinances or regulations governing land development; (4) The effect of the proposed use on traffic flow, vehicular and pedestrian, along adjoining streets; (5) The location and number of off-street parking spaces; (6) The amount and location of open space; (7) Protective screening; (8) Hours and manner of operation; (9) Outdoor lighting; and (10) Ingress and egress to the property. (b) In granting such permits, conditions may be attached as are deemed necessary in the particular case for the protection or benefit of neighbors to ameliorate the effects of the proposed development/use. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 2. USE PERMITS RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 5 Sec. 64-1553. Additional restrictions. (a) Any use authorized by an administrative permit or use permit shall comply with all other city regulations, zoning district regulations, conditions of zoning approval and other regulations contained herein. All buffers required shall have a ten-foot improvement setback in accordance with section 64- 47 unless otherwise required. The reduction of said setback shall be subject to the approval of the community development department in accordance with article X of this zoning ordin ance. Whenever a standard contained in this section is in conflict with another provision of this zoning ordinance, the more restrictive provision shall prevail. (b) Unless otherwise specified, standards, conditions and stipulations attached to a use perm it by the city council shall supersede conflicting zoning conditions approved on the same site. Secs. 64-1554—64-1572. Reserved. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. ADMINISTRATIVE PERMITS Milton, Georgia, Code of Ordinances Page 6 DIVISION 3. ADMINISTRATIVE PERMITS Subdivision I. - In General Subdivision II. - Minimum Standards - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision I. In General Milton, Georgia, Code of Ordinances Page 7 Subdivision I. In General Secs. 64-1573—64-1591. Reserved. Secs. 64-1573—64-1591. Reserved. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 8 Subdivision II. Minimum Standards Sec. 64-1592. Reserved. Sec. 64-1593. Amateur radio antenna to exceed the district height. (See use permit section 64- 179919.4.5.) Sec. 64-1594. Reserved. Sec. 64-1595. Club. Sec. 64-1596. Event; special indoor/outdoor. Sec. 64-1597. Golf course. Sec. 64-1598. Guesthouse. Sec. 64-1599. Moblie home (while residence is being built). Sec. 64-1600. Parking, off-site and shared. Sec. 64-1601. Rapid rail transportation station. Sec. 64-1602. Recreational court, private. Sec. 64-1603. Recreational courts, public. Sec. 64-1604. Relocated residential structure. Sec. 64-1605. Revival tent. Sec. 64-1606. Roadside produce stands. Sec. 64-1607. Roadside vending. Sec. 64-1608. Seasonal business use. Sec. 64-1609. Swimming pool, private. Sec. 64-1610. Swimming pool, public. Sec. 64-1611. Temporary classroom. Sec. 64-1612. Temporary structures. Sec. 64-1613. Temporary use of existing dwelling (while residence is being built). Sec. 64-1614. Utility substations (telephone, electric, gas, etc.). Sec. 64-1615. Veterinary clinic/hospital or kennel. Sec. 64-1616. Permits for media productions. Secs. 64-1617—64-1634. Reserved. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 9 Sec. 64-1592. Reserved. Editor's note— Section 1 of Ord. No. 10-08-72, adopted Aug. 20, 2010, repealed § 64-1592, which pertained to alternative antenna support structure to exceed the district height. Sec. 64-1593. Amateur radio antenna to exceed the district height. (See use permit section 64-179919.4.5.) It is the intent of this section to regulate the placement of amateur towers in a manner that does not impose on public health, safety, or general welfare. The following regulations on design, location, placement, and height limits of antennas in residential districts implements the city's governmental interests in land planning, aesthetics and public safety by requiring the following s tandards: (1) Required districts. All. (2) Standards. a. Antennas shall be located in the rear yard. b. The maximum height shall be 90 feet. Any request to exceed the maximum height shall require a use permit. (See section 64-1799.) c. All antennas shall be set back from all property lines one -third the height of the antenna or the district setback requirements, whichever is greater. The antenna must be located a distance equal to or greater than the antenna height from the nearest residential dwelling, excluding the owner's primary dwelling or structure. d. Antennas shall not be lighted. e. All antennas must be constructed with an anticlimbing device. f. Antennas shall be painted in a neutral color identical or closely compatible with surroundings. g. All guy wires must be anchored on site and outside of right-of-way. Sec. 64-1594. Reserved. Editor's note— Section 1 of Ord. No. 10-08-72, adopted Aug. 20, 2010, repealed § 64-1594, which pertained to antenna, tower and associated structures (radio, T.V., microwave broadcasting, etc.) to exceed the district height. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 10 Sec. 64-1595. Club. (a) Required districts. O-I, MIX, C-1, C-2, M-1A, M-1, M-2. (b) Standards. (1) All buildings and accessory uses other than parking shall be located at least 50 feet from all property lines of any residential district or AG-1 district used for single family. (2) Permitted curb cut access shall not be from a local street. (3) Outdoor facilities within 200 feet of any residential district or dwelling shall limit the hours of operation from 8:00 a.m. to 11:00 p.m. (4) Outdoor recreational facilities shall be set back a minimum of 100 feet from all property lines of any residential district or AG-1 district used for single family, except as otherwise permitted with an administrative permit for recreational court or swimming pool. Sec. 64-1596. Event; special indoor/outdoor. As applicable, special events are subject to the requirements of other city departments, such as emergency medical services plans, emergency planning and preparedness plans, tent permits, pyrotechnics permits, food service permits, etc. (1) Required districts. O-I, MIX, C-1, C-2, M-1A, M-1, M-2, AG-1 and residential districts in conjunction with an institutional use, such as a place of worship or a school, or for the benefit of charity such as tours of homes, show houses, and the like. (2) Standards. a. No more than two administrative permits shall be granted per year and no permit shall be effective for more than 14 consecutive days for a single event on the same property. An application for said permit shall be made no less than 14 days prior to the eve nt. Said permit must be posted on site such that it is visible from the street. b. The hours of operation shall be 8:00 a.m. to 8:00 p.m., Sunday through Thursday, and 8:00 a.m. to 10:00 p.m., Friday through Saturday. c. Two copies of a drawing, no larger in size than 11 inches by 17 inches, with dimensions (distances in feet) of the activity's location from the site's property lines and other minimum distance requirements as specified by this section shall be submitted to the community development department for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns. d. The applicant shall provide a notarized written permission statement of the property owner or leaseholder of the subject site to the community development de partment. A 24-hour contact number of the property owner or leaseholder shall be provided along with permit application. e. The entire property shall comply with the zoning district's setback requirements. f. No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of any residential use. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 11 g. No tent, table or other temporary structure shall be located within 250 feet of a residential structure. 1. Tents less than 5,000 square feet do not require a building perm it; tents equal to or greater than 5,000 square feet require structural plan review and a building permit. 2. All tents are subject to the fire department's approval. h. Sales from vehicles are prohibited. i. The entire property shall comply with city's parking requirements. j. No equipment, vehicle, display or sales activity shall block access to a public facility such as a telephone booth, mail box, parking meter, fire hydrant, fire alarm box, traffic control box, driveway or other access point. k. A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use. l. Signage shall be in accordance with article XVI of this zoning ordinance. Sec. 64-1597. Golf course. (a) Required districts. All. (b) Standards. (1) A minimum 100-foot setback for all buildings and parking areas shall be provided adjacent to any residential district or AG-1 district used for single family. (2) Driving range, tees, greens and fairways shall be required to have a 100 -foot setback from minor, arterial, and major collector roads. (3) Permitted curb cut access shall be from a major thoroughfare unless shown on the approved preliminary plat of a single-family subdivision. (4) When located outside a golf course/subdivision development, a mi nimum 75 foot wide buffer and a ten-foot improvement setback shall be provided adjacent to all buildings and parking areas when said facilities are located adjacent to any residential district or AG -1 district used for single family. (5) A minimum 75 foot buffer and a ten-foot improvement setback shall be provided adjoining any residential district or AG-1 district used for single family located outside the golf course development or any associated development. Sec. 64-1598. Guesthouse. (a) Required districts. Suburban A, Suburban B, Suburban C, R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R- 5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1, O-1 and MIX when accessory to a single-family dwelling. (b) Standards. (1) No more than one guesthouse structure per lot may be used for occupancy by relatives, guests or employees that work on the property without payment for rent. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 12 (2) A separate kitchen facility shall be allowed. (3) Heated floor area shall be a minimum of 650 square feet and a maximum of 1,500 square feet. (4) Principal building setbacks shall apply. (5) The location shall be limited to the rear yard. Sec. 64-1599. Moblie home (while residence is being built). (a) Required districts. Suburban A, Suburban B, Suburban C, R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R- 5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1, O- and MIX. (b) Standards. (1) The building permit for the principal structure must have been issued and remain valid during the period that the mobile home is on the property. (2) The mobile home must be located on the same parcel as the principal structure being constructed and comply with all district setbacks. (3) The administrative permit shall expire 12 months after issuance or upon occupancy of the principal structure, whichever occurs first. Only one renewal for a one-year period may be issued. (4) The mobile home must be occupied by the owner of the principal residence under construction. Sec. 64-1600. Parking, off-site and shared. Whenever parking as required in article VIII of this zoning ordinance cann ot be accomplished, shared parking in accordance with section 64-1411 may be approved via an administrative permit; provided: (1) Required districts. O-I, C-1, C-2, MIX, M-1, M-1A and M-2. (2) Standards. (a) If the off-site parking is committed for a specified period of time, the duration of the administrative permit shall be limited to the period of time stipulated therein. b. No more than 20 percent of the total parking requirement may be provided off -site via this administrative permit. c. The property must be located no more than 300 feet from the principal use with pedestrian access provided between the sites as may be required by the community development department. Sec. 64-1601. Rapid rail transportation station. (a) Required districts. All. (b) Standards. Refer to the MARTA rearrangement cooperative agreement administered by the department of public works. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 13 Sec. 64-1602. Recreational court, private. (a) Required districts. All districts except C-1, C-2, M-1, M-1A, M-2. (b) Standards. (1) Detached dwellings. Recreational courts serving single-family detached dwellings shall be located in side or rear yards but shall not be located within a minimum yard. (2) Multifamily. Recreational courts, accessory structures, and fencing shall be located a minimum of 100 feet from any residential building, adjoining property line or street. (3) Neighborhood. Recreational courts serving a neighborhood must be located within the limits of the underlying zoning. a. Use of the recreational courts shall be limited to residents and guests of the neighborhood in which they are located. b. Recreational courts, accessory structures, fencing, and parking shall be located a minimum of 100 feet from all adjoining property lines. c. Landscape strips and buffer requirements shall be as specified by section 64-237 d. A maximum four-square-foot sign identifying the future use of the property for a recreational court shall be posted adjoining the lot's frontage until a certificate of occupancy is issued for the facility. e. Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2 footcandles along an adjoining residential property line. Outdoor lighting of recreation facilities in or adjoining residential districts or uses shall be allowed only between dusk and 11:00 p.m. f. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines adjacent to single-family residential uses. Sec. 64-1603. Recreational courts, public. Recreational courts operated as a club, except those serving residential developments, or c ourts operated as a business are defined herein as public courts. (1) Required districts. O-I, MIX, C-1, C-2, M-1, M-1A, M-2. (2) Standards. a. Recreational courts, accessory structures, fencing, and parking shall be located a minimum of 100 feet from all property lines which abut single-family residential uses. Adjacent to all other zonings and uses, the district setback requirements shall apply. b. Landscape strips and buffer requirements shall be as specified by section 64-237. If adjoining any residential district or AG-1 district used for single family a 75 foot buffer and 10 foot improvement setback shall be provided. c. Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2 footcandles along an adjoining residential property line. Outdoor lighting of - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 14 recreation facilities in or adjoining residential districts or uses shall be used only between dusk and 11:00 p.m. d. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential distric ts or AG-1 districts used for single family. Sec. 64-1604. Relocated residential structure. (a) Required districts. Suburban A, Suburban B, Suburban C, R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R- 5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1, O-I and MIX. (b) Standards. (1) The applicant shall include the following with the application for the administrative permit: a. The address from which the structure is being relocated. b. A photograph of the structure prior to its relocation. c. The total heated floor area of both the existing structure and the renovated structure. (2) The location of the structure and the heated floor area of the structure shall be in compliance with the minimum standards of the zoning district or conditions of zoning. (3) The residential structure shall be affixed to a permanent foundation within six months of the date of the house moving permit, and the certificate of occupancy shall not be issued until such improvements are completed. (4) All standards of this article (except subsection (b)(2) of this section, and other applicable regulations shall be met within one year from the date of this permit issuance. (5) A house moving permit shall be obtained from the community development department in conjunction with the administrative permit. (6) A building permit for the repair and construction of said structure shall be obtained within 30 days of the administrative permit issuance. (7) The exterior of the structure shall be brought into compliance with the city housing code within six months of the issuance of the administrative permit. (8) Prior to occupancy, a certificate of occupancy must be obtained from the community development department. Sec. 64-1605. Revival tent. (a) Required districts. O-I, MIX, C-1, C-2, M-1A, M-1 and M-2. In an AG-1 (Agricultural) or a residential district, a revival tent may be placed only on property occupied by an existing building used as a place of worship. (b) Standards. (1) A permit may be granted a maximum of 14 days in a calendar year. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 15 (2) The revival tent or any area used for assembly shall be located at least 200 feet from a property line of any residential district or AG-1 district used for single-family dwellings. (3) No temporary, sanitary facility or trash receptacle may be located within 200 feet of an existing dwelling, and no tent shall be located within 250 feet of an existing dwelling. (4) Provide one parking space per four seats. (5) A drawing to scale shall accompany the application and shall accurately depict the number of seats and the standards of this section. (6) The hours of operation shall be no earlier than 8:00 a.m. nor later than 11:00 p.m. Sec. 64-1606. Roadside produce stands. (a) Required districts. MIX, C-1, C-2, M-1, M-2 and AG-1. (b) Standards. (1) No more than four administrative permits shall be granted per year and no single permit shall be effective for more than 30 consecutive days, however, two or more permits, not to exceed four, may be combined for a duration of 60 days, 90 days or a maximum of 120 days. An application for said permit shall be made no less than 14 days prior to the event. Said permit must be posted on site such that it is visible from the street. (2) The hours of operation shall be 8:00 a.m. to 8:00 p.m. (3) Two copies of a drawing, no larger in size than 11 inches by 17 inches, with dimensions (distances in feet) of the activity's location from the site's property lines and other minimum distance requirements as specified by this section shall be submitted to the community development department for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns. (4) The applicant shall provide a notarized written permission statement of the property owner or lease holder of the subject site to the community development department. A 24-hour contact number of the property owner or leaseholder shall be provided along with permit application. (5) The property on which the roadside vendor is permitted must be located at least 1,500 feet from a permanent business or another vendor which offers the same or similar merchandise as that of the vendor. The vendor shall provide names of all established businesses which sell similar or the same merchandise within 1,500 feet of the proposed vendor site. (6) Any activity or structure shall maintain a minimum 20-foot setback from the right-of-way and not be located within a required landscape strip or buffer. Said activity or structure shall also maintain a minimum setback of ten feet from any internal drive or permitted curb cut. (7) A minimum of six parking spaces shall be provided for the exclusive use of the roadside produce stand and shall not occupy the minimum required parking spaces for any other use on site. (8) No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of a residential use. (9) No tent, table or other temporary structure shall be located within 100 feet of a residential structure. All tents are subject to the fire department's approval. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 16 a. Tents less than 5,000 square feet do not require a building permit. b. Tents equal to or greater than 5,000 square feet require structural plan review and a building permit. (10) No equipment, vehicle, display or sales activity shall block access to a publ ic facility such as a telephone booth, mail box, parking meter, fire hydrant, fire alarm box, traffic control box, driveway or other access point. (11) A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use. (12) Signage shall be in accordance with article XVI of this zoning ordinance. (Ord. No. 10-08-73, § 1, 8-16-2010) Sec. 64-1607. Roadside vending. (a) Required districts. M-1 and M-2. (b) Standards. (1) No more than two administrative permits shall be granted per year and no permit shall be effective for more than nine consecutive days. An application for said permit shall be made no less than 14 days prior to the event. Said permit must be posted on site such that it is visible from the street. (2) The hours of operation shall be 8:00 a.m. to 8:00 p.m. (3) Two copies of a drawing, no larger in size than 11 inches by 17 inches, with dimensions (distances in feet) of the activity's location from the site's property lines and other minimum distance requirements as specified by this section shall be submitted to the community development department for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns. (4) The applicant shall provide a notarized written permission statement of the property owner or lease holder of the subject site to the community development department. A 24 -hour contact number of the property owner or leaseholder shall be provided along with permit application. (5) The property on which the roadside vendor is permitted must be located at least 1,500 feet from a permanent business or another vendor which offers the same or similar merchandise as that of the vendor. The vendor shall provide names of all established businesses which sell similar or the same merchandise within 1,500 feet of the proposed vendor site. (6) Any vending displays or activity shall maintain a minimum 20 -foot setback from the right-of-way and not be located within a required landscape strip or buffer. Said displays or activities shall also maintain a minimum setback of ten feet from any internal drive or permitted curb cut. (7) A minimum of six parking spaces shall be provided adjacent to the vending area for the exclusive use of the roadside vending and shall not occupy the minimum requi red parking spaces for any other use on site. (8) No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of a residential use. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 17 (9) No table or cart shall be located within 250 feet of a residential structure. Tents and tarps are prohibited. Sales from vehicles are prohibited. (10) No equipment, vehicle, display or sales activity shall block access to a public facility such as a telephone booth, mail box, parking meter, fire hydrant, fire alarm box, traffic co ntrol box, driveway or other access point. (11) A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use. (12) Signage advertising the vending operation is prohibited. (Ord. No. 11-06-104, § 1, 6-20-2011) Sec. 64-1608. Seasonal business use. (a) Required districts. CUP (with a commercial component), MIX (with a commercial component), C -1, C-2, M-1A, M-1, and M-2. Allowable in AG-1 and residentially zoned districts only when the property is occupied by a church, school, lodge/retreat, farm, plant nursery, or as approved by the community development director for uses compatible with AG-1 district permitted uses, existing as a conforming or a lawful nonconforming nonresidential use. The issuance of this permit does not constitute an expansion or extension of a nonconforming use. (b) Standards. (1) An administrative permit shall not be issued for the same seasonal business use more than once in any calendar year. Said seasonal business use must correlate to a calendar holiday or event. Said permit shall not exceed a total of 30 consecutive days for e ach use. Said permit must be posted on site such that it is visible from the street. An application for said permit shall be made no less than 14 days prior to the event. Example: One permit may be issued for the sale of Christmas trees for a maximum of 30 consecutive days. A second permit may be issued for the sale of pumpkins for a maximum of 30 consecutive days. (2) The hours of operation shall be 8:00 a.m. to 8:00 p.m., Sunday through Thursday, and 8:00 a.m. to 10:00 p.m., Friday through Saturday. (3) Two copies of a drawing, no larger in size than 11 inches by 17 inches, with dimensions (distances in feet) of the activity's location from the site's property lines and other minimum distance requirements as specified by this section shall be submitted to the community development department for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns. (4) The applicant shall provide a notarized written permission statement of the property owner or lease holder of the subject site to the community development department. A 24-hour contact number of the property owner or leaseholder shall be provided along with permit application. (5) The property on which the roadside vendor is permitted must be located at least 1,500 feet from a permanent business or another vendor which offers the same or similar merchandise as that of the vendor. The vendor shall provide names of all established businesses which sell similar or the same merchandise within 1,500 feet of the proposed vendor site. (6) Any display or sales activity shall maintain a minimum 20-foot setback from the right-of-way and shall not be located within a required landscape strip or buffer. Said displays shall also maintain a minimum setback of ten feet from any internal drive or permitted curb cut. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 18 (7) A minimum of six parking spaces shall be provided for the exclusive use of the seasonal business and shall not occupy the minimum required parking spaces for any other use on site. (8) No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of a residential use. (9) No tent, table or other temporary structure shall be located within 100 feet of a residential structure. Sales from vehicles are prohibited. a. Tents less than 5,000 square feet do not require a building permit; b. Tents equal to or greater than 5,000 square feet require structural plan review and a building permit. All tents are subject to the fire department's approval. (10) No equipment, vehicle, display or sales activity shall block access to a public facility such as a telephone booth, mail box, parking meter, fire hydrant, fire alarm box, traffic control box, driveway or other access point. (11) A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use. (12) Signage shall be in accordance with article XVI of this zoning ordinance. Sec. 64-1609. Swimming pool, private. (a) Required districts. All districts except C-1, C-2, M-1, M-1A, M-2. (b) Standards. All swimming pools shall be completely surrounded by a barrier as required by the 2006 International Residential Code, Section AG105 or the 2009 International Building Code, Section 3109. The top of the barrier shall be at least 48 inches above grade measured on the side of the barrier which faces away from the swimming pool to prevent access to the pool by unsupervised children and animals. Pedestrian access gate(s) shall open outward away from the pool and shall be self-closing and have a self-latching device. Pedestrian access gate(s) shall be locked when the pool is not open for use and all surrounding objects or structures must have a separation of five feet from the enclosure to provide an unclimbable space. The enclosure shall be in place prior to pool completion. Materials and construction shall comply when applicable with the regulations administered by the Fulton County Health Department. (1) Detached dwellings. Swimming pools shall be allowed in side and rear yards of single-family dwellings in any district and may also be allowed at the back of the house on a double frontage single-family residential lot as approved by the department. a. Pools, pool equipment, and their decks must be a minimum of ten feet from all property lines, except that when perimeter setbacks are required, for example in NUP and TR zone districts, pools, pool equipment, and decks cannot be located in perimeter setbacks. b. Barrier shall not be located more than 150 feet from the water's edge of the pool. (2) Neighborhood. Swimming pools serving a neighborhood must be located within the limits of the underlying zoning. a. Use of swimming pools shall be limited to residents and guests of the neighborhood in which they are located. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 19 b. Pools, pool equipment, and decks must be located at least 100 feet from all adjoining interior property lines, and at least 100 feet from all property lines which abut single -family uses. In addition, pools, pool equipment, and decks shall comply with all setback requirements with respect to rights-of-way based on the district in which the property is located. c. Landscape strips and buffer requirements shall be as specified by section 64-237 d. A maximum four-square-foot sign identifying the future use of the property for a swimming pool shall be posted adjoining the lot's frontage until a certificate of occupancy is issued for the facility. e. Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2 footcandles along an adjoining residential property line. Outdoor lighting of recreation facilities in or adjoining residential districts or uses shall be allowed only between dusk and 11:00 p.m. f. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines adjacent to single-family residential uses. (3) Multifamily. Swimming pools, pool equipment, accessory structures, and fencing shall be located a minimum of 100 feet from any residential building, adjoining property line or public right-of-way. (Ord. No. 12-10-152, § 1, 10-15-2012) Sec. 64-1610. Swimming pool, public. Pools operated as a club, except clubs serving residential developments, or pools operated as a business are defined herein as public pools. (1) Required districts. O-I, MIX, C-1, C-2, M-1A, M-1 and M-2. (2) Standards. a. Pools, pool equipment, decks, and parking shall be located a minimum of 100 feet from all property lines which abut single-family residential uses. Adjacent to all other zonings and uses, the district setback requirements shall be provided. b. Landscape strips and buffer requirem ents shall be as specified by section 64-237. If adjoining any residential district or AG-1 district used for single family a 75 foot buffer and 10 foot improvement setback shall be provided. c. Sources of exterior illumination shall be directed away from adjoining residences and shall not exceed 1.2 footcandles along an adjoining residential property line. Outd oor lighting of recreation facilities in or adjoining residential districts or uses shall be allowed only between dusk and 11:00 p.m. d. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines adjacent to single-family residential uses. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 20 Sec. 64-1611. Temporary classroom. (a) Required districts. All. (b) Standards. (1) The structure must be constructed for use as a temporary classroom and certified as such by the community development department. (2) The principal use must exist prior to the issuance of the permit. (3) The temporary classroom shall not be used to increase the capacity or enrollment as conditioned by zoning, or as limited by other use permit conditions. (4) Placement of the structure shall be hidden from primary view or as approved by the community development director so as not to negatively impact the view from the road or adjoining properties. (5) An administrative permit for a temporary classroom shall expire three ye ars from the date of approval at which time the structure shall be removed unless a new administrative permit is obtained within 30 days of the expiration date. (6) The structure shall not be located within any principal building setbacks or within any re quired landscape strips or buffers. (7) Two copies of a drawing showing dimensions shall accompany the application and shall accurately depict the proposed location of temporary structures, the traffic patterns and curb cuts and compliance with this section and all other applicable standards of this zoning ordinance. Sec. 64-1612. Temporary structures. (a) Required districts. All, except emission inspection stations shall be permitted only in nonresidential districts except AG-1. (b) Standards. (1) Temporary structures (whether tents, site-built, mobile or manufactured structures) utilized for construction offices, ticket booths, security guard shelters, storage structures in association with construction, emission inspection stations, portable toilets and other similar uses may be permitted by the community development department in any district. (2) Temporary structures shall be located outside of any required buffers and landscape areas, and shall maintain the principal building setback of the dis trict except portable toilets must maintain a 200-foot setback from existing dwellings. (3) Temporary structures must be removed prior to the issuance of a certificate of occupancy or within five days of completion of the temporary event or activity for w hich the structure was approved. (4) Placement of the structure shall be hidden from primary view or as approved by the community development director so as not to negatively impact the view from the road or adjoining properties. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 21 (5) Temporary structures used in conjunction with other permitted administrative and use permits shall not be required to obtain a separate administrative permit. (6) An administrative permit for a temporary structure shall expire three years from the date of approval at which time the structure shall be removed unless a new administrative permit is obtained within 30 days of the expiration date. Sec. 64-1613. Temporary use of existing dwelling (while residence is being built). (a) Required districts. All but M-1, M-1A, and M-2. (b) Standards. (1) The building permit for the new principal structure shall be issued concurrently with the administrative permit. (2) The administrative permit shall expire 90 days after issuance of a certificate of occupa ncy for the new principal structure or one year after issuance of a building permit, whichever occurs first. Sec. 64-1614. Utility substations (telephone, electric, gas, etc.). (a) Required districts. All. (b) Standards. (1) Utility substations measuring less than 35 square feet and less than five feet in height from finished grade are exempt from these regulations. (2) All substation structures shall be contained within the boundaries of the subject parcel and meet the minimum development standards of the district unless otherwise required in this article. (3) Minimum setback of all utility structures from a residential structure shall be: a. Electric: 200 feet. b. Gas and telephone: the applicable minimum setback for the district in which located. (4) A minimum ten-foot-wide landscape strip planted to buffer standards shall be required around the perimeter of all utility sites except along lines where buffers are required. (5) For electric substations provide a minimum 50-foot-wide replanted or natural buffer adjacent to the property lines of any residential district or AG-1 district used for single-family dwellings. (6) Interior to landscape strips or buffers that do not accomplish 100 percent visual screening as defined in the tree preservation ordinance (chapter 60 of the city Code), provide an eight-foot high opaque fence or, masonry wall, a minimum four -foot high landscaped earthen berm, a vegetative screen or some combination thereof, subject to the approval of the community development department. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 22 Sec. 64-1615. Veterinary clinic/hospital or kennel. (a) Required districts. O-I, MIX, C-1, C-2, M-1A, M-1, M-2. See section 64-1817 for kennel or outside animal facilities. Deleted as a permitted use in C-2, but is a permitted use in AG-1. (b) Standards. All of the activities directly associated with animal treatment shall occur entirely within a completely enclosed soundproof structure. Sec. 64-1616. Permits for media productions. As applicable, media productions are subject to the requirements of all city departments, such as emergency medical services plans, emergency planning and preparedness plans, tent permits, pyrotechnics permits, food service permits, etc. (1) Applicability. This permit is required for all proposed media productions in the City of Milton not held in an otherwise licensed facility and are intended to be closed to participation from the public. This permit includes, but is not limited to, television or video s eries, movie, television or video pilots, commercials, feature film, professional photo stills and shoots, music videos, student films, infomercials, public service announcements, and documentaries, where the final work product is to be used for commercial purposes. (2) Required districts. This permit is allowed with conditions in all zoning districts of the City of Milton. (3) Permit types. Two classifications of media production permits are allowed: a. Low impact activities, which are generally those activities that have a limited duration of no more than 14 days with little or no disruption to common adjacent and nearby uses. See additional requirements within section 64-1616 for further description. b. High impact activities, which are generally those activities that have a duration of 15 or more days and/or do not comply with the low impact activity standards set forth in this section. The filming of high-speed crashes or chases, pyrotechnics or explosives or the use of aircraft, and similar actions are examples of high impact activities including any production activity disrupting normal and customary use of the site or adjacent or nearby properties. See additional requirements within section 64-1616 for further description. (4) General standards. In addition to all other applicable codes, permitted activities must abide by the following: a. No temporary sanitary facility or trash receptacle may be located within 100 feet of a property line of any residential use. b. No temporary sanitary facilities may be located on or within ten feet of a storm drainage structure. c. Without written consent of the effected property owner or current resident, no tent, table or other temporary structure shall be located within 250 feet of a residential structure. 1. Tents less than 5,000 square feet do not require a building permit; tents equal to or greater than 5,000 square feet require structural plan review and a building permit. Such building permit shall be issued and approved separately. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 23 2. All tents and temporary structures are subject to all local and state codes and further subject to approval of the fire and building departments. d. Limited sales from vehicles are allowed with approval of the community development director. e. Lighting for filming, both during daylight and nighttime hours, should be oriented away from neighboring residences wherever possible and should not interfere with the safe movement of traffic. All permanent and temporary lighting shall comply with section 64-185 of the Milton Code of Ordinances. Limited exceptions may be made at the discretion of the community development director. f. Temporary signage may be allowed at the discretion of the community d evelopment director. g. Production companies are responsible for cleaning and restoring locations used, including public and private lands, to their original condition, with a minimum amount of noise and disruption. All clean up and restoration activities shall be completed within 60 days of completion of the permitted activities. Inspection of appropriate restoration will be conducted by the community development department. h. No modification of any street sign, street light, traffic signal or other traf fic control device shall be permitted without written approval from the public works director or his/her designee. i. No road or lane closures shall be permitted without approval of the public works director. j. No modifications or alterations to the right-of-way shall be permitted unless expressly identified in the permit application. Any modification or alteration of the right -of-way, whether that activity is permitted or not, shall be returned to a condition which is better than or equal to what existed prior to the activity. That determination shall be made by the public works department. k. Credit shall be noted to the City of Milton, Georgia, for all permits required. (5) Low impact activity standards. In addition to the general standards, the following minimum standards must be met in order to be permitted as a low impact activity. Due to the varying nature of this industry and use these standards are not all inclusive and additional conditions may be imposed at the discretion of the community development director to minimize anticipated adverse effects or other objectionable uses. a. No permit shall be effective for more than 14 consecutive days. Permits may be renewable only with the specific approval of the community development director. A single application may include several locations for the same production with appropriate documentation. An application for said permit shall be made no less than five business days prior to the event. Said permit must be available on site to city personnel upon demand. b. No interruption in pedestrian traffic flow is allowed. c. No more than five on-street parking spaces in a commercial or office zoning district. d. No parking in alleys where residential access is provided by alleys. e. A private area for cast, crew and extras must be provided. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 24 f. The hours of operation shall be 7:30 a.m. to 10:00 p.m. every day. All preparation and wrap up activities shall be completed within one-half-hour of this time frame and shall not violate the noise ordinance limitation as stated in subsection 20-681(1). g. A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use with exceptions per subsection 20-681(2) for periods between 7:30 a.m. and 10:00 p.m. h. No equipment, vehicle, display or other activity shall block access to a public facility such as a, mailbox, parking meter, fire hydrant, traffic control box, driveway or other access point. (6) High impact activity standards. In addition to the general standards, the following minimum standards must be met in order to be permitted as a high impact activity. Due to the varying nature of this industry and use these standards are not all inclusive and additional conditions may be imposed at the discretion of the community development director to minimize anticipated adverse effects or other objectionable uses. These activities may require the onsite placement of the fire rescue department personnel and/or equipment based on the scope of the proposed production. a. No permit shall be effective for more than 14 consecutive days. Permits may be renewable only with the specific approval of the community development director. A single application may include several locations for the same production with appropriate documentation. An application for said permit shall be made no less than ten business days prior to the event. Said permit must be available on site to city personnel upon demand. b. Vehicular traffic may be held for up to 14 calendar days with a detour provided per the approval of the public works director or his/her designee. c. No more than ten on-street parking spaces may be used in a commercial or office zoning district per day. d. No parking in alleys where residential access is provided by alleys. e. A private area for cast, crew and extras must be provided. f. The hours of operation shall be 7:30 a.m. to 10:00 p.m., everyday. Any activity to occur between the hours of 10:00 p.m. and 7:30 a.m. must have completed permit waivers from at least 95 percent of current residents or property owners/business owners within 500 feet of the location prior to commencing activity at the location during evening or morning hours. g. All preparation and wrap up activities shall be completed within one-half-hour of the time frames as set above in [subsection] f. and shall not violate the noise ordinance limitation as stated in subsection 20-681(1) without completing a permit waiver from at least 80 percent of current residents or property owners/business owners within 1,000 feet of the locat ion. h. A sound level of 65 dBA shall not be exceeded at adjacent property lines of any residential use with exceptions per subsection 20-681(2) for periods between 7:30 a.m. and 10:00 p.m. i. No equipment, vehicle, display or other activity shall block access to a public facility such as a mailbox, parking meter, fire hydrant, traffic control box, driveway or other access point. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 25 j. Based on the proposed scope of the production activity and in consideration of any potential danger to the safety of the community, the police chief and/or the fire chief may require personnel and/or equipment to be placed on standby for portions of the hi gh impact activity at the expense of the applicant. The applicant shall contact the chief of police for approval if any of the following are included in the production: pyrotechnics, demolition, firearms discharge, high speed chases, or physical stunts. (7) Applications. All applications shall be submitted to the Milton Community Development Department for review and approval by the director or his/her designee. The applications shall include the following information at a minimum and shall not be deemed c omplete until all requested information is received. a. Two copies of a completed application form prepared by the community development department with original signatures of the applicant. A property owner's affidavit will also be required with original signatures. b. Two copies of a drawing, no larger in size than 11 inches by 17 inches, with dimensions (distances in feet) of the activity's location from each site('s) property lines and other minimum distance requirements as specified by this section s hall be submitted to the community development department for approval. Said drawing shall also depict north arrow, curb cuts and traffic patterns, and address numbers of locations to be used. c. In addition, two copies of aerial imagery shall be included which locate the proposed site(s) to be used as well as adjoining residential structures. d. Proposed location (mapped), length of road closure, and timing of traffic interruption (by date and time) of any public right-of-way. A traffic management plan in accordance with the MUTCD, current edition will be required as necessary for any closure or traffic interruption per the public works director. e. Signed hold harmless agreement to the benefit of [the] City of Milton. f. Signed agreement to provide a certificate of insurance with the City of Milton as additional insured until the activity is completed. g. Other information as required by the community development director to provide insight to the proposed extent and intensity of the use. (8) Permitting. Permits may be approved, disapproved or issued on a conditional basis as necessary to facilitate receipt of all required information. All permits will be approved or denied within five business days of receipt of the completed low impact activity applic ation or within 10 business days of receipt of a completed high impact activity application. a. Restrictions. Restrictions may be placed on certain applications for use of city property or in the vicinity of city property/city sponsored events such that s ervice and protection to the public is not impaired including, but not limited to the following: 1. The City of Milton reserves the right to refuse access to city property on the grounds of prior reference examination and portrayal of the city in the content of the project. 2. Removal, cutting or trimming of vegetation in the public right-of-way or on public property is prohibited unless specifically approved and limited by the permit. 3. Activity may not be allowed in locations near the area of a city-sponsored event if there is an anticipated conflict with the city's event. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 3. - ADMINISTRATIVE PERMITS Subdivision II. Minimum Standards RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 26 b. Variations from the approved scope of work included in the permit application may be grounds for immediate revocation. c. Fees. Applicants will be charged a fee for processing, as established by the City of Milton mayor and council. Services for which a fee has not been established will be charged on the basis of time, equipment, and material. Fees for filming applications will be charged according to Appendix A of the Milton Code of Ordinances. 1. Additional fees for the monitoring of public safety will be charged separately by the appropriate departments based on a labor, time and equipment necessary to provide the public service. 2. Street closures shall incur a fee based on the city value of time, materials, and equipment used/requested by the applicant. 3. Permits for tents and other building and structural inspections will by charged separately by the appropriate departments. 4. Rental of city facilities will be charged on a per use basis as set out by the city parks and recreation department. 5. Late request applications will be charged an additional fee per day for each day less than the minimum number of processing days requir ed as stated in subsections (5)a. and (6)a. 6. Processing fees and charges for use of city services or facilities may be reduced or waived for charitable and nonprofit organizations which qualify under Section 501.c.3 of the IRS Code and for city agencies if substantial reward will be provided to the City of Milton at the discretion of the city manager. (9) Permit waivers. Waivers may be required in the likelihood the proposed production will have a negative effect(s) on adjacent business or residents. a. Waivers shall be signed by current residents, property owners, and/or business owners as determined by the community development director. b. Waivers will be provided on a form set out by the community development department. (Ord. No. 11-06-99, § 1, 6-20-2011) Secs. 64-1617—64-1634. Reserved. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 4. ADULT ENTERTAINMENT USE PERMIT STANDARDS RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 Page 27 DIVISION 4. ADULT ENTERTAINMENT USE PERMIT STANDARDS Subdivision I. - In General Subdivision II. - Adult Bookstore Subdivision III. - Adult Entertainment Establishments - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 4. - ADULT ENTERTAINMENT USE PERMIT STANDARDS Subdivision I. In General RZ14-02 Text Amendment prepared for the Mayor and City Council Work Session on June 9, 2014 Page 28 Subdivision I. In General Secs. 64-1635—64-1653. Reserved. Secs. 64-1635—64-1653. Reserved. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 4. - ADULT ENTERTAINMENT USE PERMIT STANDARDS Subdivision II. Adult Bookstore RZ14-02 Text Amendment prepared for the Mayor and City Council Work Session on June 9, 2014 Page 29 Subdivision II. Adult Bookstore Sec. 64-1654. Intent and findings. Sec. 64-1655. Permits. Secs. 64-1656—64-1674. Reserved. Sec. 64-1654. Intent and findings. (a) Generally. The city council intends and finds the following: (1) It is the intent of this subdivision to regulate the place of operation of adult bookstores as defined in section 64-1. The city council finds, based upon an October, 1980, study by the Minnesota Crime Prevention Center, Inc., Minneapolis, Minnesota, entitled "An Analysis of the Relationship Between Adult Entertainment Establishments, Crime, and Housing Values," that adult bookstores are significantly related to diminishing market values of neighboring residential areas, that adult bookstores should not be located in residential areas, and that adult bookstores should be permitted only in locations that are at least one-tenth mile, or approximately 500 feet, from residential areas. (2) The city council further finds, based upon a June 1978 study by the Division of Planning of the St. Paul, Minnesota, Department of Planning and Economic Development and the Community Crime Prevention Project of the Minnesota Crime Control Planning Board entitled "Effects on Surrounding Area of Adult Entertainment Businesses in Saint Paul," that the presence of adult bookstores correlates with a decreasing market value of neighboring residential areas, that adult bookstores tend to locate in areas of poorer residential condition, tend to be followed by a relative worsening of the residential condition, and that more than two adult entertainment businesses in an immediate area is associated with a statistically significant decrease in residential property market value, and that such a concentration of adult entertainment businesses in a given area should be discouraged. The board also finds that such wors ening of residential conditions will adversely affect uses found in residential areas or in the proximity of residential areas, such as public recreational facilities, public or private institutional uses, churches, schools, universities, colleges, trade-schools, libraries, and day care centers. (3) The city council further finds, based upon a May 19, 1986, land use study conducted in Austin, Texas, that an adult bookstore within one block of a residential area decreases the market value of homes, that adult bookstores are considered a sign of decline by lenders, making underwriters hesitant to approve the 90 to 95 percent financing many homebuyers require, and that patrons of adult bookstores tend to be from outside the immediate neighborhood in which the adult bookstore is located. (4) The city council further finds, based upon a March 3, 1986, study conducted by the Oklahoma City, Oklahoma, Community Development Department entitled "Adult Entertainment Businesses in Oklahoma City—A Survey of Real Estate Appraisers," that an adult bookstore will have a negative effect on residential property market values if it is located closer than one block to residential uses. (5) The city council further finds that this section of this zoning ordinance regarding regu lation of adult bookstores has been carefully considered by a workgroup of city staff drawn from the - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 4. - ADULT ENTERTAINMENT USE PERMIT STANDARDS Subdivision II. Adult Bookstore RZ14-02 Text Amendment prepared for the Mayor and City Council Work Session on June 9, 2014 Page 30 areas of law enforcement, land use, land planning, and law; by the planning commission at public meetings where public comment was available; and by a comm ittee of citizens with expertise in law, real estate, land use, and other disciplines, who have reviewed this section, particularly with respect to its provisions relating to the effects of adult bookstores on market values of residential and other property, and that the information gathered and results of this informal study support the need for these development standards. (6) This subdivision is intended to be a carefully tailored regulation to minimize the adverse land use impacts caused by the undesirable secondary effects of adult bookstores, and the city council finds that restricting adult bookstores to industrially zoned areas and imposing development standards can legitimately regulate adult bookstores by establishing zones where adult bookstores are most compatible with other uses or the surrounding neighborhood, and by requiring minimum distances to be maintained between adult bookstore uses and other uses so as to afford the most protection to residential uses. (7) It is not the intent of the city council, in enacting this section, to deny to any person rights to speech protected by the United States or state constitutions, nor is it the intent to impose any additional limitations or restrictions on the contents of any communicative materials, including sexually oriented films, videotapes, books, or other materials; further, in the adoption of this subdivision, the city council does not intend to deny or restrict the rights of any adult to obtain or view any sexually oriented materials protected by the United States or state constitutions, nor does it intend to restrict or deny any constitutionally protected rights that distributors or exhibitors of such sexually oriented materials may have to sell, distribute, or exhi bit such constitutionally protected materials; finally, in the enactment of this zoning ordinance, the city council intends to adopt a content neutral measure to address the secondary effects of adult bookstores. (b) Required districts. M-1, M-2 (Industrial), C-1 and C-2 (Commercial) districts. (c) Standards. (1) All boundary lines of the property included within the use permit as filed must be located at least 500 feet from the properties listed in subsections (c)(1)a. and b. of this section: a. The property line of Suburban A, Suburban B, Suburban C, R-1, R-2, R-2A, R-3, R-3A, R- 4A, R-4, R-5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1 zoned property or property conditioned or used for residential purposes. b. The property line of any public recreational facilities, public or private institutional uses, including but not limited to churches, schools, universities, colleges, trade -schools, libraries, day care centers and other training facilities where minors are the primary patrons. (2) The boundary line of the use permit must be located at least 1,500 feet from the property line of any other adult entertainment establishment or adult bookstore. (3) Submit with the application for a use permit a certified boundary survey by a licensed surveyor of the site and the property lines of surrounding properties identifying the use of properties at or within 1,000 feet of the boundary lines of the subject property and adult entertainment establishments or adult bookstores within 1,500 feet of the boundary line of the subject property. (4) If the adult bookstore is to be located in an existing structure where a land disturbance permit is not required, an existing building permit review application must be filed and determined by the - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 4. - ADULT ENTERTAINMENT USE PERMIT STANDARDS Subdivision II. Adult Bookstore RZ14-02 Text Amendment prepared for the Mayor and City Council Work Session on June 9, 2014 Page 31 community development department to be in compliance with the terms of this resolution prior to any occupancy. (5) Permitted curb cut access shall be from a major thoroughfare. (6) No depiction of anatomical areas or sexual activities specified in the definition of "adult entertainment" shall be visible from outside the structure or on signage outside the structure. (7) The minimum landscape areas required for the O-I zoning district as specified in article III of this zoning ordinance shall be required. Where buffers are required, the underlying zoning district buffer standards shall apply. Sec. 64-1655. Permits. (a) Issuance. Notwithstanding the provisions of sections 64-1546 through 64-1552, any applicant meeting the requirements and standards of section 64-1654 shall be entitled to the issuance of a use permit. (b) Applications. Notwithstanding any other provision herein, any material omission or untrue or misleading information contained in or left out of an application for a use permit shall be grounds for denial of said permit. (c) Processing. The city shall have 90 days (unless the application is suspended by failure of the applicant to provide data, information or records as reasonably requested by the city and required by this Code, to complete the investigation) from receipt of a completed app lication for a use permit to make a decision in which to grant or deny a use permit. The community development department and the planning commission shall make recommendations to the city council regarding the approval or denial of the use permit and the council shall make the final decision after a public hearing regarding the same. In the event the city council has not granted or denied the application within 90 days (unless the application is suspended by failure of the applicant to provide data, inform ation or records as reasonably requested by the city to complete the investigation), the use permit shall automatically issue. (d) Denial. In the event an application for a use permit is denied by the city council, the applicant shall be notified in writing of such denial within ten business days by U.S. mail. A decision by the city council regarding the denial of said permit is a final action; therefore, any appeal of such decision shall be pursued by application for writ of certiorari filed with the Superior Court of Fulton County in accordance with applicable statute. This appeal shall in no way preclude an applicant from seeking any other remedies available at law or equity. (e) Illegal business or entity prohibited. Nothing in this section shall allow for the conducting or zoning of any business or entity which would otherwise be illegal. Secs. 64-1656—64-1674. Reserved. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 4. - ADULT ENTERTAINMENT USE PERMIT STANDARDS Subdivision III. Adult Entertainment Establishments RZ14-02 Text Amendment prepared for the Mayor and City Council Work Session on June 9, 2014 Page 32 Subdivision III. Adult Entertainment Establishments Sec. 64-1675. Intent. Sec. 64-1676. Requirements. Sec. 64-1677. Permits. Secs. 64-1678—64-1796. Reserved. Sec. 64-1675. Intent. (a) It is the intent of this subdivision to regulate the place and m anner of the operation of businesses or facilities that offer adult entertainment. It is well established and has been the experience of other communities in the state and throughout the United States that adult entertainment, which includes public nudity, has been associated with and may encourage disorderly conduct, prostitution and sexual assault. (b) This subdivision advances the substantial government interest in promoting and protecting public health, safety, and general welfare, maintaining law and order and prohibiting public nudity. This subdivision is narrowly constructed to protect the First Amendment rights of citizens of the city while furthering the substantial governmental interest of combating the secondary effects of public nudity and adult entertainment from areas and uses of the community which are incompatible. (c) Areas and uses which are to be protected from adult entertainment include, but are not limited to: (1) Residential; (2) Churches; (3) Day care centers; (4) Libraries; (5) Recreational facilities; and (6) Schools. Sec. 64-1676. Requirements. The following requirements apply to adult entertainment establishments: (1) Required districts. M-1 (Light Industrial), M-2 (Heavy Industrial), C-1 and C-2 (Commercial) districts. (2) Standards. a. All boundary lines of the property included within the use permit must be located at least 500 feet from the properties listed in subsections (2)a.1 and 2 of this section: 1. The property line of Suburban A, Suburban B, Suburban C, R-1, R-2, R-2A, R-3, R- 3A, R-4A, R-4, R-5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1 zoned property or property conditioned or used for residential purposes. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 4. - ADULT ENTERTAINMENT USE PERMIT STANDARDS Subdivision III. Adult Entertainment Establishments RZ14-02 Text Amendment prepared for the Mayor and City Council Work Session on June 9, 2014 Page 33 2. The property line of any public recreational facilities, public or private institutional uses including, but not limited to, churches, schools, universities, colleges, trade-schools, libraries, day care centers and other training facilities where minors are the primary patrons. b. The boundary line of the use permit must be located at least 1,500 feet from th e property line of any other adult entertainment establishment or adult bookstore. c. Submit with the application for a use permit a certified boundary survey of the site and the property lines of surrounding properties identifying the use of properties at or within 1,000 feet of the boundary lines of the subject property and adult entertainment establishments and adult bookstores within 1,500 feet of the boundary line of the subject property. d. No final land disturbance permit, building permit, certific ate of occupancy, or building permit review certificate may by issued until the approved city adult entertainment business license is filed with the director of the community development department. e. If the adult entertainment business is to be located in an existing structure where a land disturbance permit is not required, an existing building permit review application must be filed and approved in the community development department prior to any occupancy. f. Building shall be located a minimum of 50 feet from all property lines. g. Parking spaces at a ratio of ten per 1,000 gross square feet of floor space shall be provided. h. Permitted curb cut access shall be directly from a major thoroughfare. i. On-premises signs shall not display lewd or graphic depictions of body parts or acts which are defined in this article and section 64-1 j. No adult entertainment shall be visible from outside the structure. k. The minimum landscape areas required for the O -I zoning district as specified in article III of this zoning ordinance shall be required. Where buffers are required, the underlying zoning district buffer standards shall apply. Sec. 64-1677. Permits. (a) Issuance. Notwithstanding the provisions of sections 64-1546 through 64-1552, any applicant meeting the requirements and standards of section 64-1676 shall be entitled to the issuance of a use permit. (b) Applications. Notwithstanding any other provision herein, any material omission or untrue or misleading information contained in or left out of an application for a use permit shall be grounds for denial of said permit. (c) Processing. The city shall have 90 days (unless the application is suspended by failure of the applicant to provide data, information or records as reasonably requested by the city and required by this Code to complete the investigation) from receipt of a completed application for a use permit to make a decision in which to grant or deny a use permit. The community development department and the planning commission shall make recommendations to the city council regarding the approval or denial of the use permit and the council shall make the final decision after a public hearing regarding the same. In the event the city council has not granted or denied the application within 90 - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 4. - ADULT ENTERTAINMENT USE PERMIT STANDARDS Subdivision III. Adult Entertainment Establishments RZ14-02 Text Amendment prepared for the Mayor and City Council Work Session on June 9, 2014 Page 34 days (unless the application is suspended by failure of the applicant to provide data, information or records as reasonably requested by th e city to complete the investigation), the use permit shall automatically issue. (d) Denial. In the event an application for a use permit is denied by the city council, the applicant shall be notified in writing of such denial within ten business days by U.S. mail. A decision by the city council regarding the denial of said permit is a final action; therefore, any appeal of such decision shall be pursued by application for writ of certiorari filed with the Superior Court of Fulton County within 30 days of the decision. This appeal shall in no way preclude an applicant from seeking any other remedies available at law or equity. (e) Illegal business or entity prohibited. Nothing in this section shall allow for the conducting or zoning of any business or entity which would otherwise be illegal. Secs. 64-1678—64-1796. Reserved. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 35 DIVISION 5. MISCELLANEOUS USES Sec. 64-1797. Agricultural-related activities. Sec. 64-1798. Aircraft landing area. Sec. 64-1799. Amateur radio antenna to exceed the administrative permit height. Sec. 64-1800. Amphitheaters. Sec. 64-1801. Reserved. Sec. 64-1802. Bed and breakfast. Sec. 64-1803. Cemetery and mausoleum (human or pet). Sec. 64-1804. Church, temple or place of worship. Sec. 64-1805. Commercial amusement, outdoor. Sec. 64-1806. Composting. Sec. 64-1807. Convalescent center/nursing home/hospice. Sec. 64-1808. Country inn. Sec. 64-1809. Day care facility. Sec. 64-1810. Driving range (not associated with a golf course). Sec. 64-1811. Equine garment fabrication. Sec. 64-1812. Festivals or events, outdoor/indoor. Sec. 64-1813. Group residence. Sec. 64-1814. Group residence for five to eight children. Sec. 64-1815. Group residence for nine to 15 children. Sec. 64-1816. Height; to exceed district maximum. Sec. 64-1817. Kennel or outside animal facilities. Sec. 64-1818. Landfill, inert waste disposal. Sec. 64-1819. Landfill, solid waste disposal. Sec. 64-1820. Landscape business. Sec. 64-1821. Lodge, retreat and campground. Sec. 64-1822. Medical-related lodging. Sec. 64-1823. Mobile home; accessory dwelling. Sec. 64-1824. Quarries and surface mining sites. Sec. 64-1825. Personal care home/assisted living. Sec. 64-1826. Private correctional facility/prison. Sec. 64-1827. Race track. Sec. 64-1828. Recreational fields. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 36 Sec. 64-1829. Recycling center, processing. Sec. 64-1830. Salvage, storage and junk facility. Sec. 64-1831. School, private or special. Sec. 64-1832. Self-storage/mini. Sec. 64-1833. Self-storage/multi. Sec. 64-1834. Senior housing. Sec. 64-1835. Skywalks. Sec. 64-1836. Stadium (off-site) associated with private school. Sec. 64-1837. Transfer station, solid waste. Sec. 64-1838. Exotic or wild animals. Sec. 64-1839. Apartments. Sec. 64-1840. Barns or riding areas. Sec. 64-1841. Rowhouses/townhouses. Secs. 64-1842—64-1856. Reserved. Sec. 64-1797. Agricultural-related activities. It is the intent of this division to allow certain agricultural-related activities with a use permit in compliance with the development standards below to preserve the nature of agricultural areas. Such uses shall include, but not be limited to, petting zoo, educational tours, dude ranches, picnicing, and pay fishing. (1) Required district. AG-1. (2) Standards. a. Minimum lot size shall be five acres. b. Permitted curb cut access shall not be from a local street. c. Food services may be provided. d. A minimum of 100-foot setback is required from all property lines for activity areas, including parking. e. All structures housing animals shall be set back a minimum of 100 -feet from all property lines. f. All parking and access areas must be of an all weather surface. g. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts or AG -1 districts used for single-family dwellings. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 37 h. Hours of operation shall commence no earlier than 6:00 a.m. and cease by 10:00 p.m. i. If located adjacent to any residential district or an AG-1 district used for single-family dwellings, the minimum buffers and landscape strips required for the O -I district as specified in article III of this zoning ordinance shall be required. j. Sanitary facilities or trash receptacles shall be located a minimum of 100 feet from a property line of any residential district and/or AG-1 district used for single-family dwellings. Sec. 64-1798. Aircraft landing area. (a) Required districts. All. (b) Standards. (1) For fixed wing aircraft, a 1,000 foot clear zone extending from the end of all runways shall be secured through ownership or easement, but in no case shall the end of a runway be closer than 200 feet from any property line. (2) For both fixed and rotary-wing aircraft, neither the landing area nor any building, structure or navigational aid shall be located within 400 feet of a property line adjacent to any residential district or AG-1 district used for single-family dwellings. (3) Landing areas for fixed wing and rotary wing aircraft shall be designed to comply with the Airport Design Guide of the Federal Aviation Administration. (4) If located within or adjacent to a residential district or AG -1 district used for single-family dwellings, the hours of operation shall be limited to 7:00 a.m. to 11:00 p.m. (5) A use permit for an aircraft landing area shall have no force and effect except for requesting a land disturbance permit prior to filing a satisfactory FAA airspace analysis with the director of the community development department. (6) In accordance with section 64-2127, submit an environmental impact report as required. Sec. 64-1799. Amateur radio antenna to exceed the administrative permit height. (a) Purpose. It is the intent of this section to regulate the placement of amateur radio tower s in a manner that does not impose on public health, safety, general welfare. (See also section 64-1593.) (b) Design, placement and height requirements. The following regulations on design, location, placement, and height limits of antennas in residential districts implements city's governmental interest in land planning, aesthetics and public safety by requiring the following use permit standards: (1) Required districts. All. (2) Standards. a. Antennas shall be located in the rear yard. b. The request to exceed the height of 90 feet shall be accompanied by a written justification of its intent by the licensee. Under no circumstances shall an antenna exceed 200 feet in height. c. All antennas shall be set back from the property line one-third the height of the antenna or the district setback requirements, whichever is greater. However, the antenna must be - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 38 located a distance equal to or greater than the antenna height from the nearest residential dwelling, excluding the primary dwelling or structure which is located on the same lot as the antenna. d. Antennas shall not be lighted. e. All antennas must be constructed with an anticlimbing device. f. Antennas shall be painted in a neutral color identical or closely compatible with surroundings. g. All guy wires must be anchored on site and outside of right-of-way. Sec. 64-1800. Amphitheater. (a) Required districts. AG-1, O-I, MIX, C-1, C-2, M-1A, M-1, and M-2. (b) Standards. (1) Lot area shall be a minimum of ten acres. (2) The stage shall be located a minimum of 600 feet from adjacent properties zoned for residential use and/or AG-1 districts used for single-family dwellings. (3) Permitted curb cut access shall be only from an arterial street. (4) A minimum 100-foot buffer and ten-foot improvement setback shall be provided adjacent to residential districts, property zoned for residential use zoning or development or AG -1 districts when used for single-family dwellings. (5) A minimum 50-foot buffer and ten-foot improvement setback shall be provided adjacent to nonresidential districts zoning or development. (6) A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at the property lines of adjacent residential districts and/or AG-1 districts used for single-family dwellings. (7) Eight-foot high fencing shall be provided adjacent to properties zoned for residential use or AG - 1 districts used for single-family dwellings. (8) The hours of operation of the facility shall be limited to 8:00 a.m. to 11:00 p.m. when adjacent to properties zoned for residential use or AG-1 districts used for single-family dwellings. Sec. 64-1801. Reserved. Editor's note— Section 1 of Ord. No. 10-08-72, adopted Aug. 16, 2010, repealed § 64-1801, which pertained to antenna tower and associated structure (radio, T.V., microwave broadcasting, etc.) to exceed the district height. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 39 Sec. 64-1802. Bed and breakfast. (a) Required districts. AG-1 (Agricultural), R-6, and TR (Townhouse residential). (b) Standards. (1) A minimum of two guestrooms and a maximum of five guestrooms are permitted. (2) No parking in the minimum front yard. (3) The bed and breakfast shall be owner occupied. (4) Permitted curb cut access shall not be from a local street. (5) The minimum landscape and buffer areas hall be required as specified in article III of this zoning ordinance for the AG-1 agricultural district. (6) Parking requirements shall be the same as hotel/motel as specified in article VIII of this zoning ordinance. (7) Identification or advertising signs shall be limited to four square feet in surface area and four feet in height. Sec. 64-1803. Cemetery and mausoleum (human or pet). (a) Required districts. All. (b) Standards. (1) Permitted curb cut access shall be only from a major thoroughfare, unless in conjunctio n with a place of worship. (2) No building shall be located within 50 feet of a residential district or AG -1 district used for single- family dwellings. (3) All structures, including graves, shall be inside meet the minimum yard setbacks or ten feet, whichever is greater. (4) If located adjacent to a single family dwelling district or AG-1 district used for single-family dwellings, the minimum buffers and landscape strips required for the O -I district as specified in article III of this zoning ordinance shall be required. Sec. 64-1804. Church, temple or place of worship. (a) Required districts. Suburban A, Suburban B, Suburban C, R-1, R-2, R-2A, R-3, R-3A, R-4A, R-4, R- 5, R-5A, R-6, TR, NUP, A, A-L, and AG-1. (b) Standards. (1) All buildings and use areas/structures other than parking and pedestrian walkways shall be located at least 100 feet from any adjoining residential district or AG -1 district used for single- family dwellings. (2) No parking shall be located within the minimum front yard setback. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 40 (3) Any associated day care centers, private schools, recreational fields or other uses requiring a use permit or administrative permit shall be allowed only under a separate approved use permit or administrative permit for each use. (4) The minimum buffers and landscape strips required for the O-I zoning district as specified in article III of this zoning ordinance shall be required. Sec. 64-1805. Commercial amusement, outdoor. This section includes, but is not limited to, amusement parks, bungee jumping parks, skateboard parks, ski slopes, batting cages, miniature golf, drive-in theaters, etc. (See also section 64-1810 driving ranges.) (1) Required districts. C-2, M1-A, M-1 and M-2. (2) Standards. a. Permitted curb cut access shall be derived only from arterial streets. b. A minimum 100-foot buffer and ten-foot improvement setback shall be provided adjacent to residential districts or AG-1 districts used for single-family dwellings. c. A minimum 50-foot buffer and ten-foot improvement setback shall be provided adjacent to nonresidential zoning or development districts. d. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts or AG -1 districts used for single-family dwellings. e. Eight-foot high fencing shall be provided adjacent to any residential district or AG -1 district when used for single family and interior to any required landscape strips or buffers. f. The hours of operation of the facility shall be limited to 8:00 a.m. to 11:00 p.m. adjacent to residential districts or AG-1 when used for single-family dwellings. g. All recreational structures and activities shall maintain a minimum setback of 100 feet from any public right-of-way. h. The height limits of the zoning district shall apply to all recreational s tructures unless a use permit to exceed the height is granted (See section 64-1816). Sec. 64-1806. Composting. (a) Required districts. AG-1. (b) Standards. (1) Lot area shall be a minimum of five acres. (2) Permitted curb cut access shall be derived from an arterial or major collector. (3) The hours of operation shall be between the hours of 7:00 a.m. to 6:00 p.m. (4) All operations shall maintain a minimum setback of 100 feet from all property lines. (5) The minimum buffers required are as specified for the M-1 district. (See article III of this zoning ordinance.) - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 41 (6) On-site traffic shall be limited to an all-weather surfaced area. (7) Stored materials shall be contained in such a manner as to prevent the blowing of any materials onto any surrounding property or roadway. (8) The composting facility shall obtain all necessary permits from the st ate department of natural resources, environmental protection division. (9) A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts or AG -1 districts used for single-family dwellings. (10) In accordance with section 64-2127, submit an environmental impact report as required. Sec. 64-1807. Convalescent center/nursing home/hospice. (a) Required districts. R-6 and TR. This section is allowed as a permitted use in districts O -I, MIX, A, A- L, C-1 and C-2. (b) Standards. (1) Facilities shall be for five persons or more. (2) Permitted curb cut access shall be from an arterial or a major collector. (3) Provide the minimum landscape strips and buffers as required for the O -I zoning district as specified in article III of this zoning ordinance. (4) Provide a 50-foot building setback from all single family districts or AG -1 districts used for single-family dwellings. (5) No parking allowed within the minimum front yard setback. (6) Rooms or suites of rooms may be designed with separate kitchen facilities. (7) Facility shall comply with applicable local, state, and federal regulations. (8) In accordance with section 64-2131, submit a noise study report as required. Sec. 64-1808. Country inn. (a) Required districts. AG-1. (b) Standards. (1) Lot area shall be a minimum of five acres. (2) A minimum of six guestrooms and a maximum of 30 rooms are permitted. (See section 64- 1802, bed and breakfast, for less than six guestrooms.) (3) The country inn shall be owner occupied. (4) Permitted curb cut access shall be from a minor collector or higher road classification. (5) The establishment may provide meal services to guests. (6) Parking shall not be permitted within the minimum front yard setback. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 42 (7) Identification or advertising signs shall be limited to one sign of not more than nine square feet and no more than four feet in height. (8) Parking requirements shall be the same as hotel/motel as specified in article VIII. Sec. 64-1809. Day care facility. (a) Required districts. R-6, TR, A, and A-L. May be allowed in single-family districts and AG-1 in conjunction with an institutional use such as a church, temple, place of worship, school or a hospital . This use is allowed as a permitted use in districts CUP, O -I, MIX, C-1, C-2, Deerfield/Hwy 9 Form Based Code and Crabapple Form Based Code (b) Standards. (1) Facility shall be for seven or more persons, excluding staff. (2) Provide a minimum six-foot high opaque fence interior to any required landscape strips or buffers around the periphery of the yard used for the play area. (3) Play areas shall be located within the rear or side yards. (4) The hours of operation shall be limited to 6:00 a.m. to 7:00 p.m. (5) No parking allowed in the minimum front yard setback. (6) Driveway design shall permit vehicles to exit the property in a forward direction. (7) In accordance with section 64-2131, submit a noise study report as required. Sec. 64-1810. Driving range (not associated with a golf course). (a) Required districts. AG-1, O-I, MIX, C-1, C-2, and M-1A. (b) Standards. (1) Lot area shall be a minimum of ten acres. (2) Permitted curb cut access shall be from a major collector or arterial. (3) Loudspeakers/paging systems are prohibited adjacent to residential districts or AG -1 districts used for single-family dwellings. (4) The hours of operation shall be limited to 8:00 a.m. to 11:00 p.m. adjacent to residential districts or AG-1 districts used for single-family dwellings. (5) Comply with the night sky illumination ordinance (Chapter 64, Article II, Division 7) Sec. 64-1811. Equine garment fabrication. (a) Required districts. AG-1. (b) Standards. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 43 (1) Limited to the fabrication and wholesale distribution of blankets, saddles, halters, and other similar garments. (2) All fabrication and storage associated with the permitted use shall occur entirely within a completely enclosed building. Sec. 64-1812. Festivals or events, outdoor/indoor. (a) Required districts. AG-1, O-I, MIX, C-1, C-2, M-1A, M-1, and M-2. This section includes, but is not limited to, horse shows, carnivals, dog shows, arts and crafts shows, music festivals, etc. (See festivals or events, occasional, if not covered herein.) (b) Standards. (1) Permitted curb cut access shall not be from local streets. (2) Eight-foot high 100 percent opaque fencing shall be provided adjacent to residential districts or AG-1 districts used for single-family dwellings. (3) Hours of operation shall be limited to 8:00 a.m. to 11:00 p.m. when adjacent to residential districts or AG-1 districts used for single-family dwellings. (4) Activity areas, including parking, shall be at least 100 feet from a residential district or AG -1 districts used for single-family dwellings. (5) A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent to land which is used for residential districts or AG-1 districts used for single-family dwelling purposes. (6) The festival or event shall be limited to a three-year period from the date of the city council's approval not to exceed a total of 180 consecutive days in a calendar year. Sec. 64-1813. Group residence. (a) Required districts. R-6 and TR. This section is allowed as a permitted use in districts A, A-L, O-I, MIX, C-1 and C-2. (b) Standards. (1) Facilities shall be for five persons or more. (2) Permitted curb cut access shall not be allowed from a local street. (3) The minimum landscape strips and buffers required for the O -I district as specified in article III of this zoning ordinance shall be provided. (4) Parking shall not be permitted within the minimum front yard. (5) Facility shall comply with applicable loca l, state, and federal regulations and provide the community development department with the applicable permit prior to the issuance of a certificate of occupancy. (6) Facility shall not be located closer than a quarter mile to the nearest property line of another group residence. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 44 Sec. 64-1814. Group residence for five to eight children. (a) Required districts. AG-1, R-1, R-2, R-2A, R-3, R-3A, R-4, R-4A, R-5, R-5A, SUB-A, SUB-B, SUB-C, NUP, CUP. (b) Standards. (1) Facility shall be for no more than eight children. (2) Parking shall comply with the requirements of article VIII of this zoning ordinance for dwellings. (3) Copies of applicable local, state, and federal permits shall be provided to the community development department prior to the issuance of a certificate of occupancy. (4) Facility shall not be located closer than a quarter mile to the nearest property line of another group residence. Sec. 64-1815. Group residence for nine to 15 children. (a) Required districts. R-6 and TR. (b) Standards. (1) Facility shall be for no more than 15 children. (2) Parking shall comply with the requirements of article VIII of this zoning ordinance for dwellings. (3) Copies of applicable local, state, and federal permits shall be provided to the community development department prior to the issuance of a certificate of occupancy. (4) Facility shall not be located closer than a quarter mile to the nearest property line of another group residence. Sec. 64-1816. Height; to exceed district maximum. (a) Required districts. O-I, A, A-L, MIX, C-1, C-2, M-1, M-1A and M-2. (b) Standards. (1) Submit a site plan along with the application which shall depict the open space and spatial arrangement of buildings and facilities. (2) Sources of exterior illumination shall not be visible from adjoining residences. Sec. 64-1817. Kennel or outside animal facilities. (a) Required districts. C-2, M-1, and M-2. (See section 64-1615 for enclosed kennels.) (b) Standards. (1) Minimum one-acre lot size is required. (2) Buildings and runs, sun areas, exercise yards, patios or facilities other than parking shal l be located at least 100 feet from all property lines and 200 feet from any single-family district or AG-1 district used for single-family dwellings. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 45 Sec. 64-1818. Landfill, inert waste disposal. (a) Required districts. AG-1, M-1 and M-2. (b) Standards. (1) No access shall be allowed from local streets. (2) Access streets shall be paved and shall be able to withstand maximum load limits established by the state as approved by the director of public works. (3) No portion of a new landfill shall be located within a three mile radius of the property lines of an existing landfill. (4) The waste disposal boundary of a landfill shall be located at least 500 feet from all property lines except adjacent to M-1 (Light Industrial) and M-2 (Heavy Industrial) zone districts. (5) A minimum 200-foot buffer and ten-foot improvement setback shall be required along all property lines except public rights-of-way. (6) A minimum 50-foot buffer and ten-foot improvement setback shall be required along all public rights-of-way. (7) A minimum six-foot high solid fence or wall shall be located on property lines or interior to the required buffers and improvement setbacks. (8) Limit hours of operation from 6:00 a.m. to 6:00 p.m., Monday through Saturday. (9) The owner shall provide the director of the community development department a current copy of all applicable permits from the Georgia Department of Natural Resources upon application for a land disturbance permit. (10) Vehicles shall be allowed into a landfill site only if waste is covered to prevent blowing of material from the vehicle. (11) In accordance with section 64-2127, submit an environmental impact report as required. (12) No portion of a new or expanded landfill shall be located within a one-mile radius of the property lines of residentially zoned or used property. An expanded l andfill shall not include any expanded use within the parcel boundaries of an existing site or location. (13) The landfill shall be operated in accordance with: a. The Rules of Georgia, Department of Natural Resources, Environmental Protection Division, Ga. Comp. Rules and Regs. 391-3-4, Solid Waste Management; b. O.C.G.A. § 12-8-20, Georgia Comprehensive Solid Waste Management Plan: and c. 40 CFR 258 (subtitle D of RCRA). Sec. 64-1819. Landfill, solid waste disposal. (a) Required districts. M-2. (b) Standards. (1) No access shall be allowed from local streets. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 46 (2) Access streets shall be paved and shall be able to withstand maximum load limits established by the state as approved by the director of public works. (3) No portion of a new landfill shall be located within a three-mile radius of the property lines of an existing landfill. (4) The waste disposal boundary of a landfill shall be located at least 500 feet from all property lines except adjacent to M-1 (Light Industrial) and M-2 (Heavy Industrial) zone districts. (5) A minimum 200-foot buffer and ten-foot improvement setback shall be required along all property lines except public rights-of-way. (6) A minimum 50-foot buffer and ten-foot improvement setback shall be required along all public rights-of-way. (7) A minimum six-foot high solid fence or wall shall be located on property lines or interior to the required buffers and improvement setbacks. (8) Limit hours of operation from 6:00 a.m. to 6:00 p.m., Monday through Saturday. (9) The owner shall provide the director of the community development department a current copy of all applicable permits from the Georgia Department of Natural Resources upon application for a land disturbance permit. (10) Vehicles shall be allowed into a landfill site only if waste is covered to prevent blowing of material from the vehicle. (11) In accordance with section 64-2127, submit an environmental impact report as required. (12) No portion of a new or expanded landfill shall be located within a one-mile radius of the property lines of a residentially zoned or used property. An expanded landfill shall not include any expanded use within the parcel boundaries of an existing site or location. (13) The landfill shall be sited and operated in accordance with: a. The Rules of Georgia, Department of Natural Resources, Environmental Protection Division, Ga. Comp. Rules and Regs. 391-3-4, Solid Waste Management: b. O.C.G.A. § 12-8-20, Georgia Comprehensive Solid Waste Management Plan: and c. 40 CFR 258 (subtitle D of RCRA). Sec. 64-1820. Landscape business. It is the purpose of the regulation to permit the filing of a permit application, within an area zoned AG - 1(agricultural), for the operation of a landscape business. Such use may only be permitted where it is determined that such use will be compatible within the specific area identified within the application. Allowing such use by permit only provides an opportunity for a business owner to operate such use in property zoned AG-1(agricultural), while creating a mechanism for review, oversight and registration of the use. The following standards place basic limitations on such use and establish criteria to aid in the evaluation of an application for a landscape business. It is understood that proposals for a landscape business will vary in scope and that based on the specific l ocation and surrounding uses, individual properties will be suited for differing intensities of operation. It is further understood that some sites will simply not be suited at all for such use. The burden shall be on the applicant to demonstrate that the - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 47 proposed use is compatible with the specific site and surrounding area and in compliance with the criteria set forth in this section. In accordance with the above purpose, a permit for a landscape business in an area zoned AG -1 (agricultural) may be issued, subject to the following requirements: (1) No retail or wholesale sales shall occur on the property except for sales at roadside pr oduce stands. (2) No individual building, used for the business operation, shall exceed 2,000 square feet, and the total square footage of all such buildings shall not exceed 5,000 square feet. The size of each building and the total size of all buildings may be reduced based on the compatibility with surrounding uses. (3) The design of any proposed building(s) shall comply with the appropriate overlay district. (4) All use areas, storage areas, dumpsters, or structures other than parking and pedestrian walkways shall be located at least 75 feet from any adjoining residential district or AG -1 (agricultural) district. (5) A maximum of six employee vehicles may be parked on the property at any time. Parking spaces shall be designed and placed in a manner that minimizes the impact or detraction from neighboring properties. Personal vehicles shall only be parked in approved designated locations. (6) A maximum of two commercial vehicles used for the landscape business shall be screened such that they cannot be viewed from adjacent properties or the public right-of-way and shall be parked on specifically identified portions of the property. Additional commercial vehicles and equipment must be parked and/or stored inside a building. This excludes commercial vehic les delivering materials or equipment to the business which may park temporarily on the property not to exceed 90 minutes. (7) Hours of operation and vendor material deliveries shall occur between the hours of 7:30 a.m. and 7:30 p.m., Monday [through] Friday and 9:00 a.m. to 6:00 p.m. on Saturdays. (8) Storage of landscape materials on the property may be permitted in limited quantities provided the materials are specifically identified on the site plan and confined. Such plan shall show the location and means of confinement of any material to be stored. Material may include bark mulch, topsoil, sand-based material, stone, brick, concrete block, peat moss, plants and timbers. Limited quantities of fertilizer and/or insecticide may also be stored, provided they are in the manufacturer's original sealed containers and placed inside of a building and in compliance with local, state and federal regulations. (9) All landscape debris and refuse shall be contained in appropriate sized containers and no debris or refuse shall be stored on the ground. (10) The on-site bulk storage of gasoline, diesel fuel, other petroleum products, fertilizers, insecticides or any other environmentally sensitive material is prohibited. (11) The proposed use shall not create noise, odors or produce light spillage that is considered a nuisance under Georgia law. (12) Access shall only be allowed from minor arterial or collector streets as depicted in the City of Milton Transportation Plan Inventory of Existing Conditions Report Map 5, dated April 2009. (Ord. No. 11-05-97, § 1, 5-16-2011) - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 48 Editor's note— Section 1 of Ord. No. 11-05-97, adopted May 16, 2011, changed the title of § 64-1820 from "Landscaping business, plant nursery or garden center with indoor retail component" to "Landscape business." Sec. 64-1821. Lodge, retreat and campground. (a) Required districts. AG-1, M-1A, M-1 and M-2. This section includes facilities of lodging and food service for social, educational and recreational purposes. (b) Standards. (1) Minimum lot size shall be ten acres. (2) Permitted curb cut access shall not be derived from a local street. (3) A minimum 100-foot-wide buffer and ten-foot improvement setback are required adjacent to residential districts, AG-1 districts used for single-family dwellings and adjoining a public street. (4) A minimum 50-foot-wide buffer and ten-foot improvement district are required adjacent to all other nonresidential districts. (5) Length of the stay for all but permanent staff shall not exceed 30 consecutive days. (6) Sanitary facilities or trash receptacles shall be located a minimum of 200 feet f rom any residential district or AG-1 district when used for single-family dwellings. (7) A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts or AG -1 districts used for single-family dwellings. (8) Recreational facilities associated with the use shall be for staff and guests only. (9) One parking space per lodging unit or five per 1,000 square feet of floor area, whichever is greater. Sec. 64-1822. Medical-related lodging. (a) Required districts. R-6 and TR. This section is allowed as a permitted use in districts A and A-L. (b) Standards. (1) Total number of bedrooms or units shall not exceed 20, including staff facilities. (2) Rooms or suites of rooms may be designed with separate kitchen facilities. (3) Lodging facility shall be located within one mile of a hospital or inpatient clinic. (4) Facilities locating in a TR district must have frontage on streets with classifications higher than local streets. (5) If located adjacent to a single-family district or an AG-1 district used for single-family dwellings, the minimum buffers and landscape strips required for the O -I district as specified in article III of this zoning ordinance shall be required. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 49 (6) Off-street parking requirements shall be one per living unit plus one per nonresident employee. Parking is not allowed in the front yard setback. (7) Signs shall not exceed four square feet in area and four feet in height. Sec. 64-1823. Mobile home; accessory dwelling. (a) Required districts. AG-1. (b) Standards. (1) The mobile home shall be limited to a three-year period from the date of the city council's approval, after which the mobile home shall be removed unless an additional use permit has been granted. (2) The mobile home shall be located in the rear yard of an existing residential structure in conformance with the yard standards for the location of accessory buildings. (3) The mobile home shall be for the exclusive use of and occupancy by a member of the family or a near relative of the occupant of the existing structure, including father, mother, sister, brother, daughter-in-law, son-in-law, child, ward or guardian. Sec. 64-1824. Quarries and surface mining sites. (a) Required districts. AG-1, M-2. (b) Standards. (1) No portion of a new or expanded quarry shall be located within a 1.5 -mile radius of the property lines of a residentially zoned or used property. An expanded quarry shall not include any expanded use within the parcel boundaries of an existing site or location. (2) No portion of a new or expanded surface mining site shall be located within a 500 -foot radius of the property lines of a residentially zoned or used property. An expanded surface mining site shall not include any expanded use within the parcel boundaries of an existing site or location. (3) All activities of a quarry or surface mining shall be in compliance with the: a. Georgia Blasting Standards Act of 1978; b. 1968 Georgia Surface Mining Act; and c. U.S. Bureau of Mines RI 8507. Sec. 64-1825. Personal care home/assisted living. (a) Required districts. R-6 and TR. This section is allowed as a permitted use in districts O-I, A, A-L, MIX, C-1 and C-2. (b) Standards. (1) Facilities shall be for five persons or more. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 50 (2) Permitted curb cut access shall be from an arterial or a major collector. Permitted curb cut access may be allowed from a minor collector if within 1,000 feet of the property line of an institutional use. (3) Provide a 50-foot building setback from single-family districts or AG-1 districts when used for single-family dwellings. (4) No parking allowed in the minimum front yard setback. (5) The minimum parking spaces provided shall be in conformance with health care facilities per article VIII, division 2 of this zoning ordinance. (6) Provide landscape strips and buffers as required in the O -I district as specified in article III of this zoning ordinance. (7) Rooms or suites of rooms may be designed with separate kitchen facilities. (8) Facility shall comply with all applicable local, state, and federal regulations, and provide applicable permits to the community development department prior to the issuance of a certificate of occupancy. (9) In accordance with section 64-2131, submit a noise study report as required. Sec. 64-1826. Private correctional facility/prison. (a) Required districts. M-1, M-2. (b) Standards. (1) Minimum lot size: 100 acres. (2) All boundary lines of the property included within the use permit must be located at least 500 feet from the properties listed in subsections (b)(2)a. and b. of this sec tion: a. The property line of Suburban A, Suburban B, Suburban C, R-1, R-2, R-2A, R-3, R-3A, R- 4, R-4A, R-5, R-5A, R-6, NUP, CUP, TR, A, A-L, AG-1 zoned property or property conditioned or used for residential purposes. b. The property line of any public recreational facilities, public or private institutional uses including, but not limited to, churches, schools, universities, colleges, trade schools, libraries, day care centers and other training facilities when minors are the primary patrons. (3) All boundary lines of the property included within the use permit must be located at least ten miles from all property lines of any other correctional facility. (4) Submit, with the application for a use permit, a certified boundary survey of the site and the use of adjoining properties. If any of the uses or zoning districts referenced in subsections (b)(2)a. and b. of this section are located within 500 feet of the boundary lines of the subject property, or a correctional facility is located within ten miles of the boundary line of the subject property, they must be identified by map as part of the use permit application. (5) A minimum 200-foot-wide buffer and ten-foot improvement setback shall be provided adjacent to any property zoned other than M-1 and M-2 and from any property used for residential purposes. (6) A minimum 100-foot wide buffer and ten-foot improvement setback shall be provided adjacent to property zoned M-1 or M-2. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 51 (7) Permitted curb cut access shall be from a major thoroughfare. (8) Parking spaces shall be in accordance with article VIII of this zoning ordinance, hospitals. (9) Fencing shall be in accordance with American Correction Institute st andards and located interior to required buffers and improvement setbacks. (10) Lighting shall be in accordance with American Correction Institute standards and the lighting standards set forth in this zoning ordinance. The more restrictive standards shal l apply. (11) Facility shall comply with all applicable local, state, and federal regulations, and applicable permits shall be provided to the community development department prior to the issuance of a certificate of occupancy. Sec. 64-1827. Race track. (a) Required districts. AG-1, M-1 and M-2. (b) Standards. (1) A minimum of ten acres is required. (2) The race track and spectator stands for animal tracks shall be located a minimum of 500 feet from residential districts or AG-1 districts used for single-family dwellings, and 2,000 feet from such districts for vehicular tracks. (3) Permitted curb cut access shall not be from a local street. () (4) A minimum 50-foot buffer and ten-foot improvement setback shall be provided adjacent to non-residential districts or uses. (5) Provide an eight-foot high fence interior to the required buffer/improvement setback and landscape strips. (6) A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts or AG-1 districts used for single-family dwellings. (7) Hours of operation shall be limited to 8:00 a.m. to 10:00 p.m. when adjacent to residential districts or AG-1 districts used for single-family dwellings. (8) In accordance with section 64-2127, submit an environmental impact report as required. Sec. 64-1828. Recreational fields. (a) Required districts. All. This use includes, but is not limited to, soccer, softball, baseball, polo, football, cricket, etc. (b) Standards. (1) Permitted curb cut access shall not be from a local street. (2) Loudspeakers/paging systems are prohibited adjacent to residentially used property. (3) The hours of operation shall be limited to daylight hours when said facility is located adjacent to residential districts or AG-1 districts used for single-family dwellings. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 52 (4) Comply with the night sky illumination ordinance (Chapter 64, Article II, Division 7) Sec. 64-1829. Recycling center, processing. (a) Required districts. C-2 and M-1A. (b) Standards. (1) Limit hours of operation from 7:00 a.m. to 8:00 p.m., Monday through Saturday. (2) No portion of a new recycling facility shall be located within a three -mile radius of the property lines of an existing recycling facility. (3) A minimum 200-foot buffer and ten-foot improvement setback shall be required along all property lines except public rights-of-way. (4) A minimum 50-foot buffer and ten-foot improvement setback shall be required along all public rights-of-way. (5) All recyclable materials shall be stored in containers with no stockpiling outside the containers. (6) Collection, storage containers, or receptacles shall not be allowed in minimum yards. Storage shall be screened with a six-foot high solid wall or fence, including access gates. (7) The processing of recyclable materials must be done within an enclosed building. (8) Driveways shall be designed so vehicles will exit the facility in a forward direction. (9) A maximum continuous sound level of 65 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts or AG -1 districts used for single-family dwellings. (10) The recycling center shall comply with regulations administered by the Fulton County Department of Health. (11) In accordance with section 64-2127, submit an environmental impact report as required. Sec. 64-1830. Salvage, storage and junk facility. (a) Required districts. M-1 and M-2. (b) Standards. (1) No portion of a new salvage, storage, or junk facility shall be located within a three mile radius of the property lines of an existing salvage, storage, and/or junk facility. (2) A minimum 200-foot buffer and ten-foot improvement setback shall be required along all property lines except public rights-of-way. (3) A minimum 50-foot buffer and ten-foot improvement setback shall be required along all public rights-of-way. (4) All facilities shall be screened from view from adjacent properties and roadways with a minimum six-foot high solid fence or wall, as approved by the community development department, except for approved access crossings and utility easements. Said fence or wall shall be located interior to any required buffer or landscape strip. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 53 (5) Vehicles and other materials shall not be stacked so that they are visible from any adjacent properties. (6) In accordance with section 64-2127, submit an environmental impact report as required. Sec. 64-1831. School, private or special. (a) Required districts. All. (b) Standards. (1) Minimum lot area shall be one acre. (2) If located within a form based code overlay, adjacent to a single-family dwelling district or AG-1 district used for single-family dwellings, the minimum landscape strips, buffers, and improvement setbacks required for the O-I district as specified in article III of this zoning ordinance shall be required. (3) Buildings, and refuse areas shall not be located within 100 feet of a residential district or AG -1 district used for single-family dwellings. (4) Active outdoor recreation areas shall not be located within 100 feet of an adjoining residential district or use. Recreational fields, such as playing fields, that are accessory to the school do not require a separate use permit. (5) Day care facilities in association with the school do not require a separate use permit. (6) Parking areas shall not be located within 50 feet of any residential district or AG -1 district used for single-family dwellings. (7) Student dropoff and vehicular turnaround facilities shall be provided on the site so that vehicles may re-enter the public street in a forward manner. (8) Permitted curb cut access shall not be from a local street. (9) In accordance with section 64-2131, submit a noise study report as required. Sec. 64-1832. Self-storage/mini. (a) Required districts. C-1 and C-2. (b) Standards. (1) At least 75 percent of the total on-site storage space shall be contained in individual enclosed stalls containing no more than 500 square feet each and being no more than ten feet high. (2) No activities other than the dead storage or transfer of nonvolatile goods, or leasing of storage space are permitted. Prohibited uses include, but are not limited to: a. Miscellaneous sales; b. Fabrication or repair of vehicles, equipment or other goods; c. Transfer-storage business based on site; d. Residential uses, other than the resident manager's apartment; or e. Any use which creates a nuisance due to noise, odor, dust, light or electrical interference. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 54 (3) An on-site manager or resident manager shall be required and shall be responsible for the operation of the facility in conformance with conditions of approval. A resident manager's apartment is included in the use permit. (4) Provide a minimum six-foot high, 100 percent opaque solid wooden fence or masonry wall along the entire length (except for approved access crossings) of all property lines. Said fence/wall shall to be located outside of any public right -of-way and interior to any required landscape strips or buffers. (5) A new or expanded self storage facility shall be located a minimum of 1,500 feet from the boundary of any other self-storage facility (mini or multi). Sec. 64-1833. Self-storage/multi. (a) Required districts. MIX, C-1, and C-2. (b) Standards. (1) No outside storage shall be allowed, including vehicle leasing. (2) All buildings shall have windows or architectural treatments that appear as windows. (3) No activities other than the dead storage or transfer of nonvolatile goods, or leasing of storage space are permitted. Prohibited uses include, but are not limited to: a. Miscellaneous sales; b. Fabrication or repair of vehicles, equipment or other goods; c. Transfer-storage business based on site; d. Residential uses, other than the resident manager's apartment; or e. Any use which creates a nuisance due to noise, odor, dust, light or electrical interference. (4) Permitted curb cut access shall not be from a local street. (5) A new or expanded self-storage facility shall be located a minimum of 1,500 feet from the boundary of any other self storage facility (mini or multi). Sec. 64-1834. Senior housing. (a) Required districts. A use permit shall be required in any district in which the use is allowed. The use is allowed in all districts except M-1A, M-1, M-2 and unsewered AG-1. (b) Standards. (1) In circumstances where conflict exists between overlay guidelines and this zoning ordinance: a. Overlay guidelines will generally supersede general ordinance or resolutions; b. If the issue is specifically excluded in the overlay, the ordinance or resolution will apply; and c. If the issue is addressed in both documents, the more restrictive will apply. (2) The standards are as follows: - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 55 a. Building height shall be in accordance with the underlying zoning. b. Dwelling units for seniors shall be exempted from any part of this zoning ordinance which restricts density. c. No more than 15 dwelling units per acre shall be allowed in a single-family development. No more than 20 dwelling units per acre shall be allowed in a multifamily development. d. No dwelling unit shall contain more than two bedrooms. e. Multifamily dwelling units shall have a minimum of 600 square feet of gross floor area. Single-family dwelling units shall have a minimum of 800 square feet of gross floor area. f. A 50-foot principal building setback shall be provided for attached dwelling units adjacent to single-family residential districts or AG-1 districts. Accessory structures may be located in the rear and side yards only but shall not be located in a minimum yard. g. Parking spaces shall be calculated as 1(4/10) spaces per dwelling unit. h. No parking shall be allowed in the minimum front yard setback. i. Senior facilities must be served by public water and sewer. j. Landscape strips and buffers shall be provided as specified in the O-I district in article III of this zoning ordinance. k. The property shall be deed restricted to senior housing except as provided for by fair housing laws. l. Facility shall comply with all applicable local, state, and federal regulation s and copies of any applicable permits shall be provided to the community development department prior to the issuance of a certificate of occupancy. m. Projects are encouraged to incorporate easy living and applicable accessibility standards as administered and copyrighted by a coalition of state citizens, including: 1. AARP of Georgia; 2. Atlanta Regional Commission; 3. Concrete Change; 4. Georgia Department of Community Affairs; 5. Governor's Council on Developmental Disabilities; 6. Homebuilders Association of Georgia; 7. Shepherd Center; and 8. Statewide Independent Living Council of Georgia. n. Housing shall have at least 80 percent of the occupied dwelling units occupied by at least one person who is 55 years of age or older which shall be verified by the property owner in a manner deemed acceptable pursuant to policies and procedures adopted by the director of the community development department. o. All units shall be owner-occupied. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 56 Sec. 64-1835. Skywalks. (a) Required districts. AG-1, O-I, MIX, C-1, C-2, M-1A, M-1, M-2. (b) Standards. (1) A minimum vertical clearance of 16 feet above all streets, and a minimum vertical clearance of 16 feet above the walkway shall be provided. (2) Ample space for the free flow of pedestrians with a 12-foot minimum walkway width shall be provided. (3) Prior to issuance of a building permit, a bridge agreement shall be filed with the community development department as a condition of approval. The community development department shall be responsible for the interpretation and application of the conditions set forth in subsections (b)(1) and (2) of this section and no building permit shall be issued by the community development department except upon written approval of the department of public works. Sec. 64-1836. Stadium (off-site) associated with private school. (a) Required districts. All. (b) Standards. (1) Vehicular access is prohibited from a local street. (2) A minimum 200-foot buffer and ten-foot improvement setback shall be provided along all property lines adjacent to residential and AG-1 zoned properties. (3) The hours of operation shall be limited to 8:00 a.m. to 11:00 p.m. adjacent to residential and AG-1 zoned properties. (4) A 100-foot setback along any public right-of-way is required for all structures and activities. (5) The height limit of the zoning district shall apply to all structure s unless a use permit to exceed district maximum height is approved. (6) Comply with the night sky illumination ordinance (Chapter 64, Article II, Division 7) Sec. 64-1837. Transfer station, solid waste. (a) Required district. M-2. (b) Standards. (1) No access shall be allowed from local streets. (2) Access streets shall be paved and shall be able to withstand maximum load limits established by the state as approved by the director of public works. (3) No portion of a new transfer station shall be loc ated within a three-mile radius of the property lines of an existing transfer station. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 57 (4) A minimum 200-foot buffer and ten-foot improvement setback shall be required along all property lines except public rights-of-way. (5) A minimum 50-foot buffer and ten-foot improvement setback shall be required along all public rights-of-way. (6) A minimum six-foot high solid fence or wall shall be located on property lines or interior to the required buffers and improvement setbacks. (7) Limit hours of operation from 6:00 a.m. to 6:00 p.m., Monday through Saturday. (8) The owner shall provide the director of the community development department a current copy of all applicable permits from the state upon application for a land disturbance permit. (9) In accordance with section 64-2127, submit an environmental impact report as required. (10) No portion of a new or expanded solid waste transfer station shall be located within a one -mile radius of the property lines of a residentially zoned or used property. An expanded solid waste transfer station shall not include any expanded use within the parcel boundaries of an existing site or location. (11) Transfer stations shall be sited and operated in accordance with: a. The state regulations of Ga. Comp. Rules and Regs. 391-3-4.06, Permit by Rule for Collection, Transportation, Processing, and Disposal; b. O.C.G.A. § 12-8-20, Georgia Comprehensive Solid Waste Management Act; c. City solid waste management plan; and d. Waste Transfer Stations: A Manual for Decision-Making (EPA 530-R-02-002, June 2002). Sec. 64-1838. Exotic or wild animals. Pursuant to this section, exhibition or display of exotic or wild animals solely for education purposes, or keeping, rehabilitation or maintaining exotic or wild animals pursuant to a valid, current, state -issued wild animal license or wildlife exhibition permit shall be allowed only with a use permit issued in compliance with the development standards set forth in this section specifically and pursuant to the zoning ordinance generally. In the event of conflict, the terms of this section shall prevail. (1) Requirements. a. Required district. AG-1. b. Obtained the appropriate license from the U.S. Department of Agriculture, Animal and Plant Health Inspection Service (USDA/APHIS) or provide documentation that the applicant is exempt from USDA/APHIS requirem ents. c. Obtained a U.S. Fish and Wildlife Service Permit for Special Purpose Possession if exhibiting or dealing birds regulated by the USFWS. d. Obtained the necessary permit(s) from the Georgia Department of Natural Resources, Wildlife Resources Division. (2) Standards. a. Minimum lot size shall be ten acres. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 58 b. Permitted curb cut access shall not be from a local street. c. All activity areas, including parking, structures, areas where animals are housed or graze shall be set back a minimum of 100 feet from all property lines. d. A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts or AG -1 districts used for single-family dwellings. e. Open to visitation by the general public only from 7:30 a.m. to 7:30 p.m. f. If located adjacent to any residential district or an AG-1 district used for single-family dwellings, the minimum buffers and landscape strips required for the Rural Milton Overlay District as specified in section 64-1142of this zoning chapter shall be required. g. Sanitary facilities or trash receptacles shall be located a minimum of 100 feet from a property line of any residential district and/or AG-1 district used for single-family dwellings. h. Applicant shall inform the director of community development in writing of the number and types of animals to be housed on the subject property and any changes thereto based on a schedule determined and agreed to as part of the use permit. i. Compliance with all requirements of Chapter 5 of the Georgia Game and Fish Code, O.C.G.A. § 27-5-1 et seq., related to wild animals, and all rules and regulations adopted pursuant to the authority granted pursuant to O.C.G.A. § 27-1-4. (Ord. No. 12-10-151, § 1, 10-15-2012) Sec. 64-1839. Apartments. (a) Required districts. Crabapple Form-Based Code, Deerfield/Hwy 9 Form -Based Code. (b) Standards. (1) Required off-street parking spaces shall be no greater than 400 feet away, as measured along a pedestrian walkway, from the door of the unit they serve. (2) Apartment developments shall incorporate outdoor amenity spaces for the use of occupants, provided on the lot and available as passive or active recreational space by occupants, subject to the following: a. Outdoor amenity space shall be provided in the ratio of 75 square feet per dwelling unit. b. Outdoor amenity space may be met in one contiguous open area or in multiple open areas on the lot. To receive credit the area must be at least ten feet in both length and depth. c. Outdoor amenity space may be located at or above grade. d. Outdoor amenity space may be roofed but cannot be enclosed. e. Outdoor amenity space cannot be parked or driven upon, except for emergency access. f. In calculating the minimum outdoor amenity space requirement, the following can b e included: swimming pools, paved surfaces and structures when they are a part of approved features such as gazebos, fountains, and plazas (but excluding any parking areas serving such approved features), ground-level active and passive recreational facilities, roof decks, and roof top gardens. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 59 g. In calculating the minimum outdoor amenity space requirement, civic spaces counting towards the minimum requirements of the applicable zoning district may not be included. (3) All outdoor amenity spaces and other landscaped areas shall be maintained by a professional landscaper. (4) A minimum of 50 percent of dwelling units above the first -floor shall have balconies with a minimum floor dimension of six feet by ten feet. (5) Adequate provision for the disposal of refuse shall be made within each apartment building, or such refuse shall be conveyed to a central point or points to facilitate collection. Disposal arrangements shall be the responsibility of the apartment building owner. (6) Each dwelling unit shall have central heating and cooling facilities. (7) Adequate laundry facilities consisting of automatic washing and clothes-drying machines in a common laundry room shall be provided, or a washer and dryer hook -up shall be installed in each dwelling unit. (8) A minimum of 300 cubic feet of separate contiguous storage space shall be provided for each dwelling unit. (Ord. No. 13-03-165, §§ 1—3, 3-18-2013) Sec. 64-1840. Barns or riding areas. (a) Required district. AG-1 (as required by section 64-415). (b) Standards. (1) A minimum 75-foot setback is required for parking when the principal structure is a riding area. (2) Hours of operation shall commence no earlier than 7:00 a.m. and cease by 10:00 p.m. when the principal structure is a barn or riding area. (3) A covered riding area or barn shall not exceed the maximum height of 40 feet. (4) Loudspeakers or public address systems are prohibited. (5) A maximum continuous sound level of 60 dBA and a maximum peak sound level of 75 dBA shall not be exceeded at property lines of adjacent residential districts or AG -1 districts used for single-family dwellings. (6) When lighting is utilized on the property, it shall conform to article II, division 7 of the zoning ordinance. (Ord. No. 13-04-170, § 1, 4-22-2013) Sec. 64-1841. Rowhouses/townhouses. (a) Rowhouses/townhouses in the Deerfield/Hwy 9 Form -Based Code shall only be permitted subject to the issuance of a use permit. (b) Standards. (1) Rowhouses/townhouses shall not be located adjacent to properties designated T -2 as designated on the regulating plan. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 60 (2) The maximum number of attached rowhouse/townhouse units in a building shall be eight. (3) Rowhouses/townhouses in the Deerfield/Hwy 9 Form Based Code Overlay District shall conform to article XX, [section] 4.6.6.b. (4) Rowhouses/townhouses in the Deerfield/Hwy 9 Form Based Code Overlay District shall conform to article XX, [section] 4.16.7.v. (5) Rowhouses/townhouses in the Deerfield/Hwy 9 Form Based Code Overlay District shall conform to article XX, [section] 4.16.8. (Ord. No. 13-06-176, § 1, 6-17-2013) Sec. 64-1842. Rural or Agricultural Event Facility. (a) Required districts. AG-1, R-1, R-2, and R-2A (b) Standards. (1) Lot area shall be a minimum of five acres. (2) Permitted curb cut access shall not be allowed from a local street. (3) Parking a. Parking areas for event attendees must be constructed of concrete, asphalt, and/or gravel or as approved by the Department of Public Works or other materials that prevents erosion of the parking area. b. One parking space per 2.5 attendees is required. c. Parking areas shall be screened from roads and adjacent properties. (4) Noise levels measured at the property line shall be in accordance with Chapter 20, Article VII, Division 2 of the City Code. (5) Activity areas such as outdoor dining, entertainment areas, including parking shall be at least 100 feet from any lot line unless the special event facility and adjacent lot are in single ownership. (6) The maximum number of attendees and hours of operation will be evaluated by the Mayor and City Council on a case by case basis for each site to protect the public’s health, safety and welfare. (7) Tents used for any event may be set up no more than twenty-four (24) hours in advance and must be taken down within twenty-four (24) hours after such event. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 61 (8) Location and dimensions of undisturbed buffers, if needed to ameliorate the visual and audio effects of the facility, will be evaluated and determined by Mayor and City Council on a case by case basis for each site. (9) The design of newly constructed structures is to be consistent with the “Building and Other Structure Design (Sec 64-1142 (6)) of the Rural Milton Overlay Zoning District. Sec. 64-1843. Artist Studio. (a) Required districts. AG-1, R-1, R-2, R-2A, MIX, O-I, C-1, C-2, Crabapple Form Based Overlay, Deerfield/Hwy 9 Form Based Code (b) Standards. (1) No outside storage allowed. (2) Shall not generate traffic, sound, smell, vibration, light, or dust that is offensive so as to constitute a nuisance. (3) The following standards apply to AG-1, MIX (residential portion) and residentially zoned properties a. The artist shall reside on the property. b. The number of employees who can work on the premises shall be determined by the Mayor and City Council. When evaluating the proposed number of employees, the size of the property and buildings shall be considered in proportion to the number of proposed employees and/or adjacent uses. c. Only articles or goods produced, assembled, processed or manufactured on the site shall be sold or exhibited in the studio or on the property. d. The minimum lot size for a studio to be located within an accessory structure shall be determined by the Mayor and City Council. When evaluating if a studio can be located within an accessory structure, the size of the property in proportion to the size of the accessory structure shall be considered. e. An accessory structure may contain bathroom facilities and running water. f. No person may reside within the accessory structure used as a studio. - THE CODE OF THE Chapter 64 - ZONING ARTICLE IX. - ADMINISTRATIVE PERMITS AND USE PERMITS DIVISION 5. MISCELLANEOUS USES RZ14-02 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 62 g. A studio located within the primary residence, shall not exceed the smaller of 25 percent of the gross floor area of the dwelling unit or 750 square feet. h. If applicable, hours for customers to visit the studio and deliveries shall be limited to 8 a.m. to 5 p.m., Monday through Saturday. Editor's note— Section 1 of Ord. No. 13-06-176, adopted June 17, 2013, added provisions to the Code designated as § 64-1840. Inasmuch as § 64-1840 already exists, in order to avoid duplication and at the editor's discretion, said provisions have been redesignated as § 64-1841 Secs. 64-1844—64-1856. Reserved. HOME OF ' ESTAM ISHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 4, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ14-03 — To Amend Chapter 64, Article IX, Administrative Permits and Use Permits to Create a New Use Permit for a Rural or Agricultural Event Facility. MEETING DATE: Monday, June 16, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ()(APPROVED CITY ATTORNEY APPROVAL REQUIRED: q YES CITY ATTORNEY REVIEW REQUIRED: (4 YES APPROVAL BY CITY ATTORNEY APPROVED PLACED ON AGENDA FOR: 66, // c-- Itr REMARKS () NOT APPROVED () NO {) NO {) NOT APPROVED 0,* YauM *** .Green ,'J Cenified ; T4 PHONE: 678.242.2500 j FAX: 1578.242.2494 � Ciry or info@cifyofmiltonga.us I www.cltyofmiltonga.us C0111i�1ILlnity F=h,�s 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 '��` To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted June 11, 2014 for the June 16, 2014 Regular Meeting (June 2, 2014 First Presentation and June 9, 2014 for Council Work Session) Re: Consideration of RZ13-22, RZ14-01, RZ14-02, RZ14-03, RZ14-04 – Text Amendments Department Recommendation: The Community Development Department recommends approval of the proposed text amendments as discussed below. Executive Summary: Staff has provided “clean copies” of each of the text amendments for your final review. Below is a summary of questions and comments from the June 9, 2014 Council Work Session with the Community Development Staff’s responses organized by each text amendment. RZ13-22 – Northwest Fulton Overlay District 1) Race Track – Page 5 (Allowed Use Chart) The Council asked Staff if there was a definition for “Race Track”. Currently there is not one in the Zoning Ordinance. The Use Permit appears to address race tracks for both animals and vehicles. Staff has proposed the following new definition that will be included in RZ14-01 Definitions. “Race track means the use of a course devoted to the racing of motor and non-motorized vehicles or animals, and all improvements normally associated with racing such as off- street parking, patron seating, concessions, and a fixed race track.” 2) There was discussion regarding whether additional requirements for building components and fencing were too restrictive. Below are lists of the items that are currently included in the text amendment: Page 7 - Sec.64-1141(6) a. – The following building components shall be prohibited: metal gates, burglar bars, chain link fence, metal roll down curtains. 2 Page 7 - Sec. 64-1141(7) – Fencing and height. 1. In yards adjacent to an exterior street an equestrian fence is required. 2. Fences in yards adjacent to an exterior street shall not exceed 60 inches from finished grade. 3. Retaining walls shall be constructed of block or poured concrete with natural stone veneer or solid stucco and brick only. If viewed from the street, walls shall provide a 360 degree veneer as described above. Retaining walls above three feet high shall have a continuous planting of evergreens. 4. Opaque fences are prohibited in yards adjacent to an exterior street. RZ14-01 – Definitions 1) Fence, Equestrian Page 12 - Staff replaced “be a minimum of” with “ not exceed” to be consistent with other parts of the Zoning Ordinance regarding height. 2) Race Track Page 28 - The following definition for “Race Track” has been provided based on Council’s discussion. “Race track means the use of a course devoted to the racing of motor and non- motorized vehicles or animals, and all improvements normally associated with racing such as off-street parking, patron seating, concessions, and a fixed race track.” RZ14-02 – Administrative Permits and Use Permits There are no additional changes to this text amendment. RZ14-03 – New Use Permit for a Rural or Agricultural Event Facility 1) Hours of Operation Page 1 – The Council requested more flexible hours of operation. Staff has combined Sec. 64-1842 (b) (6) and (7) into a new (6) to read as follows: (6) The maximum number of attendees and hours of operation will be evaluated by the Mayor and City Council on a case by case basis for each site to protect the public’s health, safety and welfare. RZ14-04 – New Use Permit for an Artist Studio 1) The Council discussed whether the two person limit, including the resident, was too restrictive. They suggested that it should be considered on a case by case basis depending on the size of the parcel and location in relation to other types of uses. 3 Page 1 - Staff has proposed the following edit for 3.b. to read: 3.b. The number of employees who can work on the premises shall be determined by the Mayor and City Council. When evaluating the proposed number of employees, the size of the property and buildings shall be considered in proportion to the number of proposed employees and/or adjacent uses. 2) The Council discussed whether a studio may be located within an accessory structure only where the property exceeds three acres in size. They suggested that it should be considered on a case by case basis depending on the size of the parcel and the size of the accessory structure. Page 2 – Staff has proposed the following edit for 3.d. to read: 3.d. The minimum lot size for a studio to be located within an accessory structure shall be determined by the Mayor and City Council. When evaluating if a studio can be located within an accessory structure, the size of the property in proportion to the size of the accessory structure shall be considered. 3) The Council requested that Staff consult with Michael Dillon to determine if the proposed development standards would be compatible with his Artist Studio. Staff did speak to Lauren Dillon and she indicated that the proposed development standards could be met with the current conditions of the property and operations. Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may approve the amendment as proposed and/or recommend further amendments to the text amendments discussed. Legal Review: Paul Frickey - Jarrard & Davis (March and May, 2014) Concurrent Review: City Arborist and Transportation/Stormwater Engineer Attachment(s): Text Amendments and Ordinances for RZ13-22, RZ14-01, RZ14-02, RZ14-03, RZ14-04 STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ14-03 AN ORDINANCE TO AMEND ARTICLE IX, ADMINISTRATIVE PERMITS AND USE PERMITS TO CREATE A NEW USE PERMIT FOR A RURAL OR AGRICULTURAL EVENT FACLITY OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on June 16, 2014 6:00 p.m. as follows: SECTION 1. That the amendment of Article IX, Administrative Permits and Use Permits to create a new Use Permit for a Rural or Agricultural Event Facility of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 16th day of June, 2014 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) RZ14-03 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/20146/11/2014 Page 1 Sec. 64-1842. Rural or Agricultural Event Facility. (a) Required districts. AG-1, R-1, R-2, and R-2A (b) Standards. (1) Lot area shall be a minimum of five acres. (2) Permitted curb cut access shall not be allowed from a local street. (3) Parking a. Parking areas for event attendees must be constructed of concrete, asphalt, and/or gravel or as approved by the Department of Public Works or other materials that prevents erosion of the parking area. b. One parking space per 2.5 attendees is required. c. Parking areas shall be screened from roads and adjacent properties. (4) Noise levels measured at the property line shall be in accordance with Chapter 20, Article VII, Division 2 of the City Code. (5) Activity areas such as outdoor dining, entertainment areas, including parking shall be at least 100 feet from any lot line unless the special event facility and adjacent lot are in single ownership. (6) The maximum number of attendees and hours of operation will be evaluated by the Mayor and City Council on a case by case basis for each site to protect the public’s health, safety and welfare. (7) Tents used for any event may be set up no more than twenty-four (24) hours in advance and must be taken down within twenty-four (24) hours after such event. (8) Location and dimensions of undisturbed buffers, if needed to ameliorate the visual and audio effects of the facility, will be evaluated and determined by Mayor and City Council on a case by case basis for each site. (9) The design of newly constructed structures is to be consistent with the “Building and Other Structure Design (Sec 64-1142 (6)) of the Rural Milton Overlay Zoning District. OWN., HOME OF' MILFON*k E STA E3 L I S H E D 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 4, 2014 FROM: City Manager AGENDA ITEM: Consideration of RZ14-04 — To Amend Chapter 64, Article IX, Administrative Permits and Use Permits to Create a New Use Permit for Artist Studio. MEETING DATE: Monday, June 16, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. N -APPROVED (J NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: N YES () NO CITY ATTORNEY REVIEW REQUIRED: (�d YES O NO APPROVAL BY CITY ATTORNEY (V APPROVED () NOT APPROVED PLACED ON AGENDA FOR: (xo //L.- I/� REMARKS 2" Your -- PHONE: 678.242.25001 FAX: 678.242.2499 r �" Green „*c�rt,f,ed info@cityofmiltongo.us www.cityofmWongo.us COmmunl#y h;. 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 -E° 5R""=E o To: The Honorable Mayor and City Council From: Kathleen Field, Community Development Director Date: Submitted June 11, 2014 for the June 16, 2014 Regular Meeting (June 2, 2014 First Presentation and June 9, 2014 for Council Work Session) Re: Consideration of RZ13-22, RZ14-01, RZ14-02, RZ14-03, RZ14-04 – Text Amendments Department Recommendation: The Community Development Department recommends approval of the proposed text amendments as discussed below. Executive Summary: Staff has provided “clean copies” of each of the text amendments for your final review. Below is a summary of questions and comments from the June 9, 2014 Council Work Session with the Community Development Staff’s responses organized by each text amendment. RZ13-22 – Northwest Fulton Overlay District 1) Race Track – Page 5 (Allowed Use Chart) The Council asked Staff if there was a definition for “Race Track”. Currently there is not one in the Zoning Ordinance. The Use Permit appears to address race tracks for both animals and vehicles. Staff has proposed the following new definition that will be included in RZ14-01 Definitions. “Race track means the use of a course devoted to the racing of motor and non-motorized vehicles or animals, and all improvements normally associated with racing such as off- street parking, patron seating, concessions, and a fixed race track.” 2) There was discussion regarding whether additional requirements for building components and fencing were too restrictive. Below are lists of the items that are currently included in the text amendment: Page 7 - Sec.64-1141(6) a. – The following building components shall be prohibited: metal gates, burglar bars, chain link fence, metal roll down curtains. 2 Page 7 - Sec. 64-1141(7) – Fencing and height. 1. In yards adjacent to an exterior street an equestrian fence is required. 2. Fences in yards adjacent to an exterior street shall not exceed 60 inches from finished grade. 3. Retaining walls shall be constructed of block or poured concrete with natural stone veneer or solid stucco and brick only. If viewed from the street, walls shall provide a 360 degree veneer as described above. Retaining walls above three feet high shall have a continuous planting of evergreens. 4. Opaque fences are prohibited in yards adjacent to an exterior street. RZ14-01 – Definitions 1) Fence, Equestrian Page 12 - Staff replaced “be a minimum of” with “ not exceed” to be consistent with other parts of the Zoning Ordinance regarding height. 2) Race Track Page 28 - The following definition for “Race Track” has been provided based on Council’s discussion. “Race track means the use of a course devoted to the racing of motor and non- motorized vehicles or animals, and all improvements normally associated with racing such as off-street parking, patron seating, concessions, and a fixed race track.” RZ14-02 – Administrative Permits and Use Permits There are no additional changes to this text amendment. RZ14-03 – New Use Permit for a Rural or Agricultural Event Facility 1) Hours of Operation Page 1 – The Council requested more flexible hours of operation. Staff has combined Sec. 64-1842 (b) (6) and (7) into a new (6) to read as follows: (6) The maximum number of attendees and hours of operation will be evaluated by the Mayor and City Council on a case by case basis for each site to protect the public’s health, safety and welfare. RZ14-04 – New Use Permit for an Artist Studio 1) The Council discussed whether the two person limit, including the resident, was too restrictive. They suggested that it should be considered on a case by case basis depending on the size of the parcel and location in relation to other types of uses. 3 Page 1 - Staff has proposed the following edit for 3.b. to read: 3.b. The number of employees who can work on the premises shall be determined by the Mayor and City Council. When evaluating the proposed number of employees, the size of the property and buildings shall be considered in proportion to the number of proposed employees and/or adjacent uses. 2) The Council discussed whether a studio may be located within an accessory structure only where the property exceeds three acres in size. They suggested that it should be considered on a case by case basis depending on the size of the parcel and the size of the accessory structure. Page 2 – Staff has proposed the following edit for 3.d. to read: 3.d. The minimum lot size for a studio to be located within an accessory structure shall be determined by the Mayor and City Council. When evaluating if a studio can be located within an accessory structure, the size of the property in proportion to the size of the accessory structure shall be considered. 3) The Council requested that Staff consult with Michael Dillon to determine if the proposed development standards would be compatible with his Artist Studio. Staff did speak to Lauren Dillon and she indicated that the proposed development standards could be met with the current conditions of the property and operations. Funding and Fiscal Impact: None anticipated. Alternatives: The Mayor and City Council may approve the amendment as proposed and/or recommend further amendments to the text amendments discussed. Legal Review: Paul Frickey - Jarrard & Davis (March and May, 2014) Concurrent Review: City Arborist and Transportation/Stormwater Engineer Attachment(s): Text Amendments and Ordinances for RZ13-22, RZ14-01, RZ14-02, RZ14-03, RZ14-04 STATE OF GEORGIA ORDINANCE____ COUNTY OF FULTON RZ14-04 AN ORDINANCE TO AMEND ARTICLE IX, ADMINISTRATIVE PERMITS AND USE PERMITS TO CREATE A NEW USE PERMIT FOR AN ARTIST STUDIO OF THE CITY OF MILTON ZONING ORDINANCE (CHAPTER 64 OF THE CITY CODE OF ORDINANCES) BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on June 16, 2014 6:00 p.m. as follows: SECTION 1. That the amendment of Article IX, Administrative Permits and Use Permits to create a new Use Permit for an Artist Studio of the City of Milton Zoning Ordinance is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 16th day of June, 2014 __________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk (Seal) RZ14-04 Text Amendment prepared for the Mayor and City Council Meeting on June 16, 2014 6/12/2014 Page 1 Sec. 64-1843. Artist Studio. (a) Required districts. AG-1, R-1, R-2, R-2A, MIX, O-I, C-1, C-2, Crabapple Form Based Code, Deerfield/Hwy 9 Form Based Code (b) Standards. (1) No outside storage allowed. (2) Shall not generate traffic, sound, smell, vibration, light, or dust that is offensive so as to constitute a nuisance. (3) The following standards apply to AG-1, MIX (residential portion) and residentially zoned properties a. The artist shall reside on the property. b. The number of employees who can work on the premises shall be determined by the Mayor and City Council. When evaluating the proposed number of employees, the size of the property and buildings shall be considered in proportion to the number of proposed employees and/or adjacent use s. c. Only articles or goods produced, assembled, processed or manufactured on the site shall be exhibited for sale in the studio or on the property. d. The minimum lot size for a studio to be located within an accessory structure shall be determined by the Mayor and City Council. When evaluating if a studio can be located within an accessory structure, the size of the property in proportion to the size of the accessory structure shall be considered. e. An accessory structure may contain bathroom facilities and running water. f. No person may reside within the accessory structure used as a studio. g. A studio located within the primary residence, shall not exceed the smaller of 25 percent of the gross floor area of the dwelling unit or 750 square feet. h. If applicable, hours for customers to visit the studio and deliveries shall be limited to 8 a.m. to 5 p.m., Monday through Saturday. 0 HOME OF ' ESTABLISHFD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 4, 2014 FROM: City Manager AGENDA ITEM: Consideration of an Ordinance Accepting the Revised Georgia Municipal Employees Benefit System (GMEBS) Defined Benefit Retirement Plan and General Addendum. MEETING DATE: Monday, June 16, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additionl pages if necessary} See attached memorandum APPROVAL BY CITY MANAGER (-�) APPROVED (} NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: N YES (} NO CITY ATTORNEY REVIEW REQUIRED: (j YES O NO APPROVAL BY CITY ATTORNEY Q APPROVED (} NOT APPROVED PLACED ON AGENDA FOR: REMARKS 91.30 youin '>" PHONE: 678.242.2500 J FAX: 678.242.2499 �. -Green �V ;Certified ; lop iau info@cityofmiltongams I www.ci'tyofm#Ifonga.us ""� Community k E`k 5� 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 `P`'` F. OPI!NZc AK To: Honorable Mayor and City Council Members From: Sam Trager, Director of Human Resources Date: Submitted on May 28, 2014 for the June 2, 2014 and June 16, 2014 Regular Council Meetings Agenda Item: Consideration of an Ordinance Accepting the Revised Georgia Municipal Employees Benefit System (GMEBS) Defined Benefit Retirement Plan and General Addendum ____________________________________________________________________________ Department Recommendation: Adopt the attached ordinance and addendum accepting the changes made to the Defined Benefit Retirement Plan Document for City of Milton employees. Executive Summary: The attached ordinance amends our current plan on three key points: 1) Closes the plan to employees hired on or after July 1, 2014; 2) Clarifies the retirement age and service requirements for the City Manager; 3) Changes the actuarial table for retirement before the age of 65 from 5% per year to 3% per year. Funding and Fiscal Impact: Funding requirements for employees in the defined benefit plan will remain unchanged. Changing the actuarial tables is an additional expense of .86% of covered payroll or approximately $57,000 per year. Alternatives: Other council directed action. Legal Review: Megan Martin – Jarrard & Davis, LLP (May 28, 2014) Blake MacKay – Alston & Bird, LLP (May 28, 2014) Angela Nixon – Georgia Municipal Association (May 28, 2014) Concurrent Review: Chris Lagerbloom, City Manager Attachment(s): Georgia Municipal Employees Benefit System Defined Benefit Retirement Plans General Addendum to the Georgia Municipal Employees Benefit System Defined Benefit Retirement Plan Adoption Agreement STATE OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE AMENDING AND RESTATING THE CITY OF MILTON GEORGIA MUNICIPAL EMPLOYEE BENEFIT SYSTEM OFFICIAL PLAN DOCUMENT FOR RETIREMENT PROGRAM An Ordinance to amend and restate the Retirement Plan for the Employees of the City of Milton, Georgia in accordance with and subject to the terms and conditions set forth in the attached Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust Agreement. When accepted by the authorized officers of the City of Milton and GMEBS, the foregoing shall constitute a Contract between the City of Milton and GMEBS, all as authorized and provided by O.C.G.A. § 47-5-1 et seq. BE IT ORDAINED by the Mayor and Council of the City of Milton, Georgia while in a Regular called Council meeting on the 16th of June, 2014 at 6:00 p.m. as follows: Section 1. The Retirement Plan for the Employees of the City of Milton, Georgia is hereby amended as set forth in and subject to the terms and conditions stated in the following Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust Agreement; Section 2. Except as otherwise specifically required by law or by the terms of the Master Plan or Adoption Agreement (or any Addendum), the rights and obligations under the Plan with respect to persons whose employment with the City of Milton was terminated or who vacated his office with the City of Milton for any reason whatsoever prior to the effective date of this Ordinance are fixed and shall be governed by such Plan, if any, as it existed and was in effect at the time of such termination; Section 3. The effective date of this Ordinance shall be July 1, 2014; and Section 4. All Ordinances and parts of ordinances in conflict herewith are expressly repealed. ORDAINED the 16th day of June 2014. Approved: Joe Lockwood, Mayor Attest: Sudie AM Gordon, City Clerk r r: AN l Ili 1;�NE and ADOPTION AGREEMENT for Form Volume Submitter Adopti®n Agreement Amended and Restated as 4f January 1, 2007 (Wath Amendments Effective Through July 1, 2014) City of Milton (Amended Effective July 1, 2014) — i --- City of Milton (Amended Effective July 1, 2014) PAGE I. AN ORDINANCE .................................. I II. GMEBS DEFINED BENEFIT RETIREMENT PLAN ADOPTION AGREEMENT..............2 1. ADMINISTRATOR................................................................................................2 2. ADOPTING EMPLOYER.......................................................................................2 3. GOVERNING AUTHORITY.................................................................................2 4. PLAN REPRESENTATIVE..............................................................•----..--.............2 5. PENSION COMMITTEE...........................................................•----.--.....................3 6. TYPE OF ADOPTION............................................................................................3 7. EFFECTIVE DATE.................................................................................................4 8. PLAN YEAR...........................................................................................................5 9. CLASSES OF ELIGIBLE EMPLOYEES...............................................................5 A. Eligible Regular Employees........................................................................5 B. Elected or Appointed Members of the Governing Authority ......................5 10. ELIGIBILITY CONDITIONS .... .................. ........................................................... 6 A. Hours Per Week (Regular Employees)........................................................6 B. Months Per Year (Regular Employees).......................................................6 11. WAITING PERIOD.................................................................... 7 1.2. ESTABLISHING PARTICIPATION IN THE PLAN............................................7 13. CREDITED SERVICE ................................................. 8 A. Credited ast Service with Adopting Employer..........................................8 B. Prior Military Service..................................................................................9 C. Prior Governmental Service.......................................................................10 D. Leave Conversion for Unused Paid Time Off (e.g., Sick, Vacation, or Personal Leave).....................................................................12 14. RE'T'IREMENT ELIGIBILITY................................................•.............................13 A. Early Retirement Qualifications................................................................13 B. Normal Retirement Qualifications.............................................................14 C. Alternative Normal Retirement Qualifications..........................................15 D. Disability Benefit Qualifications ...............................................................17 15. RETIREMENT BENEFIT COMPUTATION.......................................................17 A. Maximum Total Credited Service..............................................................17 B. Monthly Normal Retirement Benefit Amount...........................................17 C. Monthly Early Retirement Benefit Amount..............................................20 D. Monthly Late Retirement Benefit Amount (check one):...........................21 E. Monthly Disability Benefit Amount..........................................................21 F. Minimum/Maximum Benefit For Elected Officials..................................22 16. IN-SERVICE DISTRIBUTIONS; COLA.............................................................23 A. Distributions For Those Who Remain In Service After Normal Retirement.....................................................................................23 B. Cost Of Living Adjustment ..................... — i --- City of Milton (Amended Effective July 1, 2014) City of Milton (Amended Effective July 1, 2014) C. Re -Employment After Normal or Early Retirement (see Master Plan Section 6.06(h) Regarding Re -Employment After Disability Retirement)......................................................................24 17. TERMINATION OF EMPLOYMENT BEFORE RETIREMENT; VESTING., ........................... ......................................... ...................................... 26 A. Eligible Regular Employees......................................................................26 B. Elected or Appointed Members of the Governing Authority ....................26 18. PRE -RETIREMENT DEATH BENEFITS...........................................................27 A. In -Service Death Benefit............................................................................27 B. Terminated Vested Death Benefit..............................................................28 19. EMPLOYEE CONTRIBUTIONS.........................................................................29 20. MODIFICATION OF THE TERMS OF THE ADOPTION AGREEMENT.......................................................................................................3 0 21. TERMINATION OF THE ADOPTION AGREEMENT......................................30 22. EMPLOYER ADOPTION AND AUTHORIZATION FOR AMENDMENTS...................................................................................................30 City of Milton (Amended Effective July 1, 2014) STA'T'E OF GEORGIA ORDINANCE NO. COUNTY OF FULTON AN ORDINANCE AMENDING AND RESTATING THE CITY OF MILTON GEORGIA MUNICIPAL EMPLOYEE BENEFIT SYSTEM OFFICIAL PLAN DOCUMENT FOR RETIREMENT PROGRAM An Ordinance to amend and restate the Retirement Plan for the Employees of the City of Milton, Georgia in accordance with and subject to the terms and conditions set forth in the attached Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust Agreement. When accepted by the authorized officers of the City of Milton and GMEBS, the foregoing shall constitute a Contract between the City of Milton and GMEBS, all as authorized and provided by O.C.G.A. § 47-5-1 et seq. BE IT ORDAINED by the Mayor and Council of the City of Milton, Georgia while in a Regular called Council meeting on the 16th of .lune, 2014 at 6:00 p.m. as follows: Section 1. The Retirement Plan for the Employees of the City of Milton, Georgia is hereby amended as set forth in and subject to the terms and conditions stated in the following Adoption Agreement, any Addendum to the Adoption Agreement, the Georgia Municipal Employees Benefit System (GMEBS) Master Plan Document, and the GMEBS Trust Agreement; Section 2. Except as otherwise specifically required by law or by the terms of the Master Plan or Adoption Agreement (or any Addendum), the rights and obligations under the Plan with respect to persons whose employment with the City of Milton was terminated or who vacated his office with the City of Milton for any reason whatsoever prior to the effective date of this Ordinance are fixed and shall be governed by such Plan, if any, as it existed and was in effect at the time of such termination; Section 3. The effective date of this Ordinance shall be July 1 20_14; and Section 4. All Ordinances and parts of ordinances in conflict herewith are expressly repealed. ORDAINED the 16th day of June 2014, Approved: Joe Lockwood, Mayor Attest: Sudie AM Gordon, City Clerk 11. GMEBS DEFINED BENEFIT RETIREMENT PLAN ADOPTION Georgia Municipal Employees Benefit System 201 Pryor Street, SW Atlanta, Georgia 30303 Telephone: 404-688-0472 Facsimile: 404-577-6663 Name: City of Milton, Georgia Name: Mayor and Council Address: 13000 Deerfield Parkway, Suite 107-A, Milton, Georgia 30004-6119 Phone: (678) 242-2500 Facsimile: (678) 242-2499 [To represent Governing Authority in all communications with GMEDS and Employees] (See Section 2.46 of Master Plan) Name: Director of Operations Address: 1.3000 Deerfield Parkway, Suite 107-A, Milton, Georgia 30004-6119 Phone: (678) 242-2500 Facsimile: (6713) 242-2499 -2— City of Milton (Amended Effective July 1, 2014) [Please designate members by position. If not, members of Pension Committee small be determined in accordance with Article XIV of ?Master Plan] Position: Position: Position: Position: Position: Position: Position: Pension Committee Secretary: Director of Human Resources Address: 13000 Deerfield Parkway, Suite 107-A, Milton, Georgia 30004-61.19 Phone: (678) 242-2500 Facsimile: (678) 242-2499 This Adoption Agreement is for the following purpose (check one): ❑ This is a new defined benefit plan adopted by the Adopting Employer for its Employees. This plan does not replace or restate an existing defined benefit plan. ❑ This is an amendment and restatement of the Adopting Employer's preexisting non-GMEBS defined benefit plan. ® This is an amendment and restatement of the Adoption Agreement previously adopted by the Employer, as follows (check one or more as applicable): ❑ To update the Plan to comply with PPA, HEART, WRERA, and other applicable federal laws and guidance. ® To make the following amendments to the Adoption Agreement (must specify below revisions made in this Adoption Agreement): This is an amendment to: 1 disallow participation in the Plan bj Employees who are initially employed or reemployed by the Fan to er on or after July 1 201.4 see Adoption Agreement DD. 5 and 9 and General Addendum Sections 2 and 13.2 make a technical correction to clarify that the Normal .retirement Qualifications for -Eligible Regular Employees serving as the City Manager are the attainment of a e 65 with no minimum service requirement see Adoption Agreement, . 14 • and 3 adopt an alternative early retirement reduction _ table see Adoption Agreement, p. 21).„ -3— City of Milton (Amended Effective July 1, 2014) 7. EFFECTIVE DA'T'E NOTE: This Adoption Agreement and any Addendum, with the accompanying Master Plan Document, is designed to comply with Internal Revenue Code Section 401(a), as applicable to a governmental qualified defined benefit plan, and is part of the GMEBS Defined Benefit Retirement Plan. Plan provisions designed to comply with certain provisions of the Pension Protection Act of 2006 ("PPA"); the Heroes Earnings Assistance and .Relief Tax Act of 2008 ("HEART"); and the Worker, Retiree, and Employer Recover Act of 2008 ("WRERA"); and Plan provisions designed to comply with certain provisions of additional changes in federal law and guidance from the Internal Revenue Service under Internal Revenue Service Notice 2012-76 (the 2012 Cumulative List) are effective as of the applicable effective dates set forth in the Adoption Agreement and Master Plan Document. By adopting this Adoption Agreement, with its accompanying Master Plan Document, the Adopting Employer is adopting a plan document intended to comply with Internal Revenue Code Section 401(a), as updated by PPA, HEART, WRERA, and the 2012 Cumulative List with the applicable effective dates. (1) Complete this item (1) only if this is a neve defined benefit plan which does not replace or restate an existing defined benefit plan. The effective date of this Plan is (insert effective date of this Adoption Agreement not earlier than January 1, 2013). (2) Complete this item (2) only if this Plan is being adopted to replace a non-GMEBS defined benefit plan. LALePL as otUer wise specifically provided hn the Mast DOew ent or in this [Adoption Agreement, the effective date of this restatement shall be (insert effective date of this Adoption Agreement not earlier than January 1, 2013). This Plan is intended to replace and serve as an amendment and restatement of the Employer's preexisting plan, which became effective on _ (insert original effective date of preexisting plan). (3) Complete this item (3) only if this is an amendment and complete restatement of the Adopting Employer's existing GMEBS defined benefit plan. Except as otherwise specifically provided in the Master Document or in this Adoption 2014 (insert effective Agreement, the effective date of this restatement shall be july 1 ,,._ date of this Adoption Agreement not earlier than January 1, 2013). This Plan is adopted as an amendment and restatement of the Employer's preexisting GMEBS Adoption Agreement, which became effective on March 19, 2012 (insert effective date of most recent Adoption Agreement preceding this Adoption Agreement). The Employer's first Adoption Agreement became effective April 1, 2007 (insert effective date of Employer's first GMEBS Adoption Agreement). The Employer's GMEBS Plan was originally effective April �1, 2007 (insert effective date of Employer's original GMEBS Plan). (If the Employer's Plan was originally a non-GMEBS Plan, then the Employer's non-GMEBS Plan was originally effective (if applicable, insert effective date of Employer's original non-GMEBS Plan).) -4- City of Milton (Amended affective July 1, 2014) r Plan Year means (check one): ❑ Calendar Year ❑ Employer Fiscal Year commencing ® Other (must specify month and day commencing): January 1 — December 31. Only Employees of the Adopting Employer who meet the Master Plan's definition of "Employee" may be covered under the Adoption Agreement. Eligible Employees shall not include non-governmental employees, independent contractors, leased employees, nonresident aliens, or any other ineligible individuals, and this Section 9 must not be completed in a manner that violates the "exclusive benefit rule" of Internal Revenue Code Section 401(a)(2). A. Eligible Regular Employees Regular Employees include Employees, other than elected or appointed members of the Governing Authority or Municipal Legal Officers, who are regularly employed in the services of the Adopting Employer. Subject to the other conditions of the Master Plan and the Adoption Agreement, the following Regular Employees are eligible to participate in the Plan (check one): ❑ ALL - All Regular Employees, provided they satisfy the minimum hour and other requirements specified under "Eligibility Conditions" below. E ALL REGULAR EMPLOYEES EXCEPT for the following employees (must specify): 11 Employees who are initially employed. by the City on or after July 1 2014• and 2 Employees who are reemployed by the City on or after JulV 1 2014 see General Addendum Sections 2 and 13 for additional V.Lovisions concerning effect of reemployment on or after Jul 1 2014 . B. Elected or Annointed Members of the Governing Authority An Adopting Employer may elect to permit participation in the Plan by elected or appointed members of the Governing Authority and/or Municipal Legal Officers, provided they otherwise meet the Master Plan's definition of "Employee" and provided they satisfy any other requirements specified by the Adopting Employer. Municipal Legal Officers to be covered must be specifically identified by position. Subject to the above conditions, the Employer hereby elects the following treatment for elected and appointed officials: (1) Elected or Al2pointed Members of the Governing Authority check one): ® ARE NOT eligible to participate in the Plan. ❑ ARE eligible to participate in the Plan. -5— City of Milton (Amended Effective July 1, 2014) Please specify any limitations on eligibility to participate here (e.g., service on or after certain date, or special waiting period provision): (2) Municipal Legal al Officers check one): ® ARE NOT eligible to participate in the flan. ❑ ARE eligible to participate in the Plan. The term "Municipal Legal Officer" shall include only the following positions (must specify): Please specify any Iimitations on eligibility to participate here (e.g., service on or after certain date): 10. ELIGIBILITY CONDITIONS A. Hours Per Week (Regular Em to ees The Adopting Employer may specify a minimum number of hours per week which are required to be scheduled and worked by Regular Employees in order for them to become and remain "Eligible Regular Employees" under the Plan. It is the responsibility of the .Adopting Employer to determine whether these requirements are and continue to be satisfied. The Employer hereby elects the following minimum hour requirement for Regular Employees: ❑ No minimum ❑ 20 hours/week (regularly scheduled) ❑ 30 hours/week (regularly scheduled) ® Other: 35 fours_ /weep (must not exceed 40 hours/week regularly scheduled) Exceptions: if a different minimum hour requirement applies to a particular class or classes of Regular Employees, please specify below the classes to whom the different requirement applies and indicate the minimum hour requirement applicable to them. Class(es) of Regular Employees to whom exception applies (must specify): Minimum hour requirement applicable to excepted Regular Employees: ❑ No minimum ❑ 20 hours/week (regularly scheduled) ❑ 30 hours/week (regularly scheduled) ❑ Other: (must not exceed 40 hours/week regularly scheduled) B. Mouths Per Year (Regular Eml2loyces) The Adopting Employer may specify a minimum number of months per year which are required to be scheduled and worked by Regular Employees in order for them to become and -6 City of Milton (Amended Effective July 1, 2014) remain "EIigible Employees" under the Plan. It is the responsibility of the Adopting Employer to determine whether these requirements are and continue to be satisfied. The Employer hereby elects the following minimum requirement for Regular Employees: ❑ No minimum ® At least 6 months per year (regularly scheduled) ❑ Other: _ Exceptions: If different months per year requirements apply to a particular class or classes of Regular Employees, the Employer must specify below the classes to whom the different requirements apply and indicate below the requirements applicable to them. Regular Employees to whom exception applies (must specify): The months to year requirement for excepted class(es) are: ❑ No minimum ❑ At least months per year (regularly scheduled) ❑ Other: 11. WAITING PERIOD Unless otherwise specified by the Adopting Employer in an addendum to this Adoption Agreement, Regular Employees shall be required to complete one (1) year of continuous, uninterrupted Service with the Adopting Employer before they qualify for participation in the Plan. The determination as to whether the waiting period has been satisfied shall be made in accordance with provisions of the Master Plan. Unless otherwise specified by the Adopting Employer in an. Addendum to this Adoption Agreement, elected or appointed members of the Governing Authority and Municipal Legal Officers, if eligible to participate in the Plan, shall not have a waiting period before participating in the Plan. HHE Participation in the Plan is considered mandatory for all Eligible Employees who satisfy the eligibility conditions specified in the Adoption Agreement, except as provided in Section 4.03(e) of the Master Plan. However, the Employer may specify below that participation is optional for certain classes of Eligible Employees, including Regular Employees, elected or appointed members of the Governing Authority, Municipal Legal Officers, City Managers, and/or Department Heads. If participation is optional for an Eligible .Employee, then in order to become a Participant, he must make a written election to participate within 120 days after employment, election or appointment to office, or if later, the date he first becomes eligible to participate in the Plan. The election is irrevocable, and the failure to make the election within the 120 day time limit shall be deemed an irrevocable election not to participate in the Plan. Classes for whom participation is optional (check one): ® None (Participation is mandatory for all Eligible Employees except as provided in Section 4.03(e) of the Master Plan). -7-- City of Milton (Amended Effective July 1, 2014) ❑ Participation is optional for the following Eligible Employees (must specify; all individuals or classes specified must be Eligible Employees): In addition to Current Credited Service the Adopting Employer may include as Credited Service the following types of service: A. Credited Past Service with Adoptine Em to er Credited Past Service means the number of years and complete months of Service with the Adopting Employer prior to the date an Eligible Employee becomes a Participant which are treated as credited service under the Plan. (1) Eligible Employees Employed on Original Effective Date of GMEBS Plan. With respect to Eligible Employees who are employed by the Adopting Employer on the original Effective Date of the Employer's GMEBS Plan, Service with the Adopting Employer prior to the date the Eligible Employee becomes a Participant (including any Service prior to the Effective Date of the Plan) shall be treated as follows (cheek one): ® All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service). ❑ All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), except for Service rendered prior to (insert date). + ❑ All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), except as follows (must specify other limitation): ❑ No Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service). (2) Previously Employed, Returning to Service after Original Effective Bate. If an Eligible Employee is not employed on the original Effective Date of the Employer's GMEBS Plan, but he returns to Service with the Adopting Employer sometime after the Effective Date, his Service prior to the date he becomes a Participant (including any Service prior the Effective Date) shall be treated as follows (cheek one): ❑ All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), subject to any limitations imposed above with respect to Eligible Employees employed on the Effective Date. ® All Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service), provided that after his return to employment, the Eligible Employee performs Service equal to the period of the break in _g_ City of Milton (Amended Effective July 1, 2014) Service or one (1) year, whichever is less. Any limitations imposed above with respect to Eligible Employees employed on the Effective Date shall also apply. ❑ No Service prior to the date the Eligible Employee becomes a Participant shall be credited (as Credited Past Service). Other limitation(s) on Recognition of Credited Past Service (wast specify): Notwithstandin 4ny, provision herein to the--contrarV, if an Ern to ee who was not em to ed on the ori inal Effective Date of the Ci 's CMEBS Plana Aril 1 2007 first becomes reemployed by the City on or after July 1 2014 the Employee will not be eligible to participate in this Plan and his/her service with the Ci rior to the original Effective bate of the Plan will not be taken into account under this Plan for an ur ose. (3) Eligible Employees Initially Employed After Effective Date. If an Eligible Employee's initial employment date is after the original Effective Date of the Employer's GMEBS Plan, his Credited Past Service shall include only the number of years and complete months of Service from his initial employment date to the date he becomes a Participant in the Plan. (4) Newly Eligible Classes of Employees. if a previously ineligible class of Employees becomes eligible to participate in the Plan, the Employer trust specify in an addendum to this Adoption Agreement whether and to what extent said Employees' prior service with the Employer shall be treated as Credited Past Service under the Plan. B. l.rine- Milrt:ru Qervrre Note: This Section does not concern military service required to be credited under USERRA — See Section 3.02 of the Master Plan for rules on the crediting of USERRA Military Service. (1) Credit for Prior Military Service. The Adopting Employer may elect to treat military service rendered prior to a Participant's initial employment date or reemployment date as Credited Service under the Plan. Unless otherwise specified by the Employer under "Other Conditions" below, the term "Military Service" shall be as defined in the Master Plan. Except as otherwise required by federal or state law or under "Other Conditions" below, Military Service shall not include service which is credited under any other local, state, or federal retirement or pension plan. Military Service credited under this Section shall not include any service which is otherwise required to be credited under the Plan by federal or state law. Prior Military Service shall be treated as follows (check one): ® Prior Military Service is not creditable under the Plan (if checked, skip to Section B.C. — Prior Governmental Service). ❑ Prior Military Service shall be counted as Credited Service for the following purposes (check one or more as applicable): -9— City of Milton (Amended Effective July 1, 2014) ❑ Computing amount of benefits payable. ❑ Meeting minimum service requirements for vesting. ❑ Meeting minimum service requirements for benefit eligibility. (2) Maximum Credit for Prier Military Service. Credit for Prior Military Service shall be limited to a maximum of years (insert number). (3) Rate of Accrual for Prior Military Service. Credit for Prior Military Service shall accrue at the :following rate (check one): ❑ One month of military service credit for every month(s) (insert number) of Credited Service with the Adopting Employer. ❑ One year of military service credit for every year(s) (insert number) of Credited Service with the Adopting Employer. ❑ All military service shall be creditable (subject to any caps imposed above) after the Participant has completed _ years (insert number) of Credited Service with the Employer. ❑ Other requirement (must specify): (4) Payment for Prior Military Service Credit(check one): ❑ Participants shall not be required to pay for military service credit. ❑ Participants shall be required to pay for military service credit as follows: ❑ The Participant must pay % of the actuarial cost of the service credit (as defined below). ❑ The Participant must pay an amount equal to (must specify): Other Conditions for Award of Prior Military Service Credit (must specify): (5) Limitations on Service Credit Purchases. Unless otherwise specified in an Addendum to the Adoption Agreement, for purposes of this Section and Section 13.C. concerning prior governmental service credit, the term "actuarial cost of service credit" means the actuarial accrued liability relating to such prior service credit as determined by the GMEBS actuary and calculated using the actuarial assumptions and methods employed in performing GMEBS member plan valuations. In the case of a service credit purchase, the Participant shall be required to comply with any rules and regulations established by the GMEBS Board of Trustees concerning said purchases. C. Prior Governmental Service - 1.0— City of Milton (Amended Effective July I, 2014) Note: Prior service with other GMEBS employers shall be credited as provided under the Master Plan. (1) Credit for Prior Governmental Service. The Adopting Employer may elect to treat governmental service rendered prior to a Participant's initial employment date or reemployment date as creditable service under the Plan. Subject to any limitations imposed by law, the term "prior governmental service" shall be as defined by the Adopting Employer below. The Employer elects to treat prior governmental service as follows (check orae): ® prior governmental service is not creditable under the Plan (if checked, skip to Section 13.D. — Unused SickNacation Leave). ❑ Prior governmental service shall be counted as Credited Service for the following purposes under the Plan (check one or more as applicable): ❑ Computing amount of benefits payable. ❑ Meeting minimum service requirements for vesting. ❑ Meeting minimum service requirements for benefit eligibility_ (2) Definition of Prior Governmental Service. Prior governmental service shall be defined as follows: (must specify): Unless otherwise specified above, prior governmental service shall include only full-time service (minimum hour requirement same as that applicable to Eligible Regular Employees). (3) Maximum Credit for Prior Governmental Service. Credit for prior governmental service shall be limited to a maximum of years (insert number). (4) Date of Accrual for Prior Governmental Service Credit. Credit for prior governmental service shall accrue at the following rate (check one): ❑ One month of prior governmental service credit for every month(s) (insert number) of Credited Service with the Adopting Employer. ❑ One year of prior governmental service credit for every year(s) (insert number) of Credited Service with the Adopting Employer. ❑ All prior governmental service shall be creditable (subject to any caps imposed above) after the Participant has completed __ years (insert number) of Credited Service with the Adopting Employer. City of Milton (Amended Effective hiy 1, 2014) ❑ Other requirement (trust specify): (S) Payment for Prior Governmental Service Credit. ❑ Participants shall not be required to pay for governmental service credit. ❑ Participants shall be required to pay for governmental service credit as follows: ❑ The Participant must pay --% of the actuarial cost of the service credit. El The Participant must pay an amount equal to (trust specify): Other Conditions for Award of Prior Governmental Service Credit (must specify): D. heave Conversion for Unused Paid Time Off (e.g- Sick Vacation or Personal Leave (1) Credit for Unused Paid Time Off. Subject to the limitations in Section 3.01 of the Master Plan, an Adopting Employer may elect to treat accumulated days of unused paid time off for a terminated Participant as Credited Service. The only type of leave permitted to be credited under this provision is leave from a paid time off plan which qualifies as a bona fide sick and vacation leave plan (which may include sick, vacation or personal leave) and which the Participant may take as paid leave without regard to whether the leave is due to illness or incapacity. The Credited Service resulting from the conversion of unused paid time off must not be the only Credited Service applied toward the accrual of a normal retirement benefit under the Plan. The Pension Committee shall be responsible to certify to GMEBS the total amount of unused paid time off that is creditable hereunder. Important Dote: Leave cannot be converted to Credited Service in lieu of receiving a cash payment. If the Employer elects treating unused paid time off as Credited Service, the conversion to Credited Service will be automatic, and the Participant cannot request a cash payment for the unused paid time off. The Employer elects the following treatment of unused paid time off - 0 Unused paid time off shall not be treated as Credited Service (if checked, skip to Section 14 — Retirement Eligibility). ❑ The following types of unused paid time off shall be treated as Credited Service under the Plan (check one or more as applicable): ❑ Unused sick leave ❑ Unused vacation leave ❑ Unused personal leave ❑ Other paid time off (must specify, subject to limitations in Section 3.01 of Faster Plan): 12 ....._ City of Milton (Amended Effective July 1, 2014) (2) Minimum Service Requirement. In order to receive credit for unused paid time off, a Participant must meet the following requirement at termination (check one): ❑ The Participant must be 100% vested in a normal retirement benefit. ❑ The Participant must have at least years (insert number) of Total Credited Service (not including leave otherwise creditable under this Section). ❑ Other (must specify, subject to limitations in Section 3.01 of Master Plan,): (3) Use of Unused Paid Time Off Credit. Unused paid time off shall count as Credited Service for the following proposes under the Plan (check one or more as applicable): ❑ Computing amount of benefits payable. ❑ Meeting minimum service requirements for vesting. ❑ Meeting minimum service requirements for benefit eligibility. (4) Maximum Credit for Unused Paid Time Off. Credit for unused paid time off shall be limited to a maximum of months (insert number). (5) Computation of Unused Paid Time Off. Unless otherwise specified by the Adopting Employer under "Other Conditions" below, each twenty (20) days of creditable unused paid time off shall constitute one (1) complete month of Credited Service under the Plan. Partial months shall not be credited. (G) Other Conditions (please specify, subject to limitations in Section 3.01 of Master Plan): 1.4. RETIREMENT ELIGIBILITY A. Early Retirement Qualifications Early retirement qualifications are (check one or more as applicable) - 0 Attainment of age 55 (insert number) ® Completion of I_0 years (insert number) of Total Credited Service Exceptions: If different early retirement eligibility requirements apply to a particular class or classes of Eligible Employees, the Employer must specify below the classes to whom the different requirements apply and indicate below the requirements applicable to them. Eligible Employees to whom exception applies (must specify): Early retirement qualifications for excepted class(es) are (check one or more as applicable)- - 13 City pplicable): -13City of Milton (Amended Effective July 1, 201.4) ❑ Attainment of age (insert number) ❑ Completion of _ years (insert number) of Total Credited Service B. Q alifications Normal Retirement u Dote: Please complete this Section and also list "Alternative" Normal Retirement Qualifications, if any, in Section 14.C. (1) Reuular EmDloyees Normal retirement qualifications for Regular Employees are (check one or more as applicable): ® Attainment of age 65 (insert number) ® Completion of 7 years (insert number) of Total Credited Service Exceptions: If different normal retirement qualifications apply to a particular class or classes of Regular Employees, the Employer must specify below the classes to whom the different requirements apply and indicate below the requirements applicable to them. Class(es) of Regular Employees to whom exception applies (must specify): City 1Vlana sers ears to ed bv the City on or after April 1 2007 and nrior to July 1 2014 Ean to ees initially employed or reem to ed on or after July 1 2014 are not eligible to participate in the Plan — see Section 9 above and Sections 2 and 13 of General Addendum). Normal retirement qualifications for excepted class(es) are (check one or more as applicable): ® Attainment of age 65 (insert number) ❑ Completion of __ years (insert number) of Total Credited Service (2) Elected or Apo nte€i Members of Governing Authority Complete this Section only if elected or appointed members of the Governing Authority or Municipal Legal Officers are permitted to participate in the Plan. Normal retirement qualifications for this class are (check one or more as applicable): ❑ Attainment of age (insert number) ❑ Completion of years (insert number) of Total Credited Service Exceptions: If different normal retirement qualifications apply to particular elected or appointed members of the Governing Authority or Municipal Legal Officers, the Employer must specify below to whom the different requirements apply and indicate below the requirements applicable to them. Particular elected or appointed members of the Governing Authority or Municipal Legal Officers to whom exception applies (must specify): -1.4-- City 1.4 -- City of Milton (Amended Effective .hely 1, 2014) Normal retirement qualifications for excepted elected or appointed members of the Governing Authority or Municipal Legal Officers are (check one or more as applicable): ❑ Attainment of age (insert number) ❑ Completion of years (insert number) of Total Credited Service C. .Alternative Normal Retirement Oualifications The Employer may elect to permit Participants to retire with unreduced benefits after they satisfy service and/or age requirements other than the regular normal retirement qualifications specif ed above. The Employer hereby adopts the following alternative normal retirement qualifications: Alternative Normal Retirement Qualifications (check one or more, as applicable): (3) (t) ® Not applicable (the Adopting Employer does not offer alternative normal retirement benefits under the Plan). (2) ❑ Alternative Minimum Age & Service Qualifications (if checked, please complete one or more items below, as applicable): ❑ Attainment of age (insert number) ❑ Completion of years (insert number) of Total Credited Service This alternative normal retirement benefit is available to: ❑ All Participants who qualify. ❑ Only the following Participants (must specify): A Participant (check one): ❑ is required ❑ is not required to be in the service of the Employer at the time he satisfies the above qualifications in order to qualify for this alternative normal retirement benefit. Other eligibility requirement (must specify): ❑ Rule of (insert Number). The Participant's combined Total Credited Service and age must equal or exceed this number. Please complete additional items below: To qualify for this alternative normal retirement benefit, the Participant (check one): ❑ must have attained at least age (insert number) ❑ must not satisfy any minimum age requirement. -15— City of Milton. (Amended Effective July 1, 2014) This alternative normal retirement benefit is available to: ❑ All Participants who qualify. ❑ Only the following Participants (must specify): A Participant (check one): ❑ is required the Employer at the time he satisfies alternative normal retirement benefit. ❑ is not required to be in the service of the Rule in order to qualify for this Other eligibility requirement (must specify): (4) ❑ Alternative Minimum Service. A Participant is eligible for an alternative normal retirement benefit if he has at least years (insert number) of Total Credited Service, regardless of the Participant's age. This alternative normal retirement benefit is available to: ❑ All Participants who qualify. ❑ Only the following Participants (must specify): A Participant (check one): ❑ is required ❑ is not required to be in the service of the Employer at the time he satisfies the qualifications for this alternative normal retirement benefit. Other eligibility requirement (must specify): (5) ❑ Other Alternative Normal Retirement Benefit. Mast specify qualifications: This alternative normal retirement benefit is available to: ❑ All Participants who qualify. ❑ Only the following Participants (must specify): A Participant (check one): ❑ is required ❑ is not required to be in the service of the Employer at the time he satisfies the qualifications for this alternative normal retirement bene Cit. Other eligibility requirement (.must specify): - 16 - City 6 -- City of .Milton (Amended Effective Judy 1, 201.4) D. Disability Benefit Qualifications Subject to the other terms and conditions of the Master Flan and except as otherwise provided in an Addendum to this Adoption Agreement, disability retirement qualifications are based upon Social Security Administration award criteria or as otherwise provided under Section 2.21 of the Master plan. The Disability Retirement benefit shall commence as of the Participant's Disability Retirement Date under Section 2.22 of the Master Plan. To qualify for a disability benefit, a Participant must have the following minimum number of years of Total Credited Service (check one): ❑ Not applicable (the Adopting Employer does not offer disability retirement benefits under the Plan). ® No minimum. ❑ years (insert number) of Total Credited Service. Other eligibility requirement (must specify): A. Maximum Total Credited Service The number of years of Total Credited Service which may be used to calculate a benefit is (check one or all that apply): E not limited. ❑ limited to years for all Participants. ❑ limited to years for the following classes of Eligible Regular Employees: ❑ All Eligible Regular Employees. ❑ Only the following Eligible Regular Employees: ❑ limited to years as an elected or appointed member of the Governing Authority. ❑ limited to years as a Municipal Legal Officer. ❑ Other (must specify): B. M. .onthly Normal Retirement Benefit Amount (1) Regular Employee Formula The monthly normal retirement benefit for Eligible Regular Employees shall be 1/12 of (check and complete one or more as applicable): _ l7_ City of Milton (Amended Effective July 1, 2034) E (a) Flat Percentage Formula. 2.75% (insert percentage) of Final Average Earnings multiplied by years of Total Credited Service as an Eligible Regular Employee. This formula applies to: ® All Participants who are Regular Employees, ❑ Only the following Participants (must specify): ❑ (b) Alternative Flat Percentage Formula. % (insert percentage) of Final Average Earnings multiplied by years of Total Credited Service as an Eligible Regular Employee. This formula applies to the following Participants (must specify): ❑ (c) Split Final Average Earnings Formula. % (insert percentage) of Final Average Earnings up to the amount of Covered Compensation (see subsection (2) below for definition of Covered Compensation), plus °10 (insert percentage) of Final Average Earnings in excess of said Covered Compensation, multiplied by years of Total Credited Service as an Eligible Regular Employee. This formula applies to: ❑ All Participants who are Regular Employees. ❑ Only the following Participants (must specify): ❑ (d) Alternative Split Final Average Earnings Formula. % (insert percentage) of Final Average Earnings up to the amount of Covered Compensation (see subsection (2) below for definition of Covered Compensation), plus % (insert percentage) of Final Average Earnings in excess of said Covered Compensation, multiplied by years of Total Credited Service as an Eligible Regular Employee. This formula applies to: ❑ All Participants. ❑ Only the following Participants (must specify): [repeat above subsections as necessary for each applicable benefit formula and. Participant class covered under the Plana - is— City of Milton (Amended Effective July 1, 2014) (2) Covered Compensation (complete only if Split Formula(s) is checked above): Covered Compensation is defined as (check one or more as applicable): ❑ (a) A.f.M.E. Covered Compensation as defined in Section 2.16 of the Master Plan. This definition of Covered Compensation shall apply to (check one): ❑ All Participants who are Regular Employees. ❑ Only the following Participants (east specify): ❑ (b) Dynamic Break Point Covered Compensation as defined in Section 2.17 of the Master Plan. This definition of Covered Compensation shall apply to (check one): ❑ All Participants who are Regular Employees. ❑ Only the following Participants (must specify): ❑ (c) fable Break Poiret Covered Compensation as defined in Section 2.18 of the Master Plan. This'definition of Covered Compensation shall apply to (check one): ❑ All Participants who are Regular Employees. ❑ Only the following class(es) of Participants (must specify): ❑ (d) Covered Compensation shall mean a Participant's annual Earnings that do not exceed $ (specify amount). This definition shall apply to (check one): ❑ All Participants who are Regular Employees. ❑ Only the following Participants (must specify): (3) Final Average Earnings Unless otherwise specified in an Addendum to the Adoption Agreement, Final Average Earnings is defined as the annual average of Earnings paid to a Participant by the Adopting Employer for the five5 (insert number not to exceed 5) consecutive years (12 month periods) of Credited Service preceding the Participant's most recent Termination in which the Participant's Earnings were the highest. Note: GMEBS has prescribed forms for calculation of Final Average Earnings that must be used for this purpose. This definition of Final Average Earnings applies to: 21 All Participants who are Regular Employees. ❑ Only the following Participants (must specify): [Repeat above subsection as necessary for each applicable definition and Participant class covered under- the Plana - 19— City of Milton (Amended Effective July t, 20 l4) (4) Formula for Elected or Appointed Members of the Governing Authori The monthly normal retirement benefit for members of this class shall be as follows (check one): ❑ Not applicable (elected or appointed members of the Governing Authority or Municipal Legal Officers are not permitted to participate in the Plan). ❑ $ (insert dollar amount) per month for each year of Total Credited Service as an elected or appointed member of the Governing Authority or Municipal Legal Officer or major fraction thereof (6 months and 1 day). This formula applies to: ❑ All elected or appointed members of the Governing Authority or Municipal Legal Officers eligible to participate. ❑ Only the following elected or appointed members of the Governing Authority or Municipal Legal Officers eligible to participate (must specify): [Repeat above subsection as necessary for each applicable formula for classes of elected or appointed members covered under the Plan.] C. Monthly Early Retirement Benefit Amount Check and complete one or more as applicable: ❑ (1) Standard Early retirement Reduction "fable. The monthly Early Retirement benefit shall be computed in the same manner as the monthly Normal Retirement benefit, but the benefit shall be reduced on an Actuarially Equivalent basis in accordance with Section 12.01 of the Master Plan to account for early commencement of benefits. This provision shad apply to: ❑ All Participants. ❑ Only the following Participants (must specify): R (2) Alternative Early Retirement Reduction Table. The monthly Early Retirement benefit shall be computed in the same manner as the monthly Non -nal Retirement benefit, but the benefit shall be reduced to account for early commencement of benefits based on the following table. This table shall apply to: ❑ All Participants. ® Only the following Participants (must specify): Those who are emploved with the City as of Jape 30, 2014, provided then do not become reemployed by the City on or. after July 1, 2014. The standard early retirement reduction table in Master Plan Section 12.01 will apply to all other Participants. -20- City of Milton (Amended Effective July 1, 2014) Alternative_ Early Retirement Reduction Table Number of Fears Before Percentage of Agre 65 (Insert Normal Normal Retirement Benefit* Retirement Age) (complete as applicable) (check as applicable) ® 0 1.000 ® 1 0.97 ® 2 094 ® 3 0.91 E 4 0.88 ® 5 0.85 ® 6 0.82 ® 7 0.79 ® 8 0.76 ® 9 0.73 ® 10 0.70 ❑ 11 N/A ❑ 12 N/A ❑ 13 NIA ❑ 14 NIA ❑ 15 NIA *Interpolate for whole months D. y check one): 1Vlon�lal Late Retirement Benefit Aour�4 ® (1) The monthly Late Retirement benefit shall be computed in the same manner as the Normal Retirement Benefit, based upon the Participant's Accrued Benefit as of his Late Retirement Date. ❑ (2) The monthly Late Retirement benefit shall be the greater of. (1) the monthly retirement benefit accrued as of the Participant's Normal Retirement Date, actuarially increased in accordance with the actuarial table contained in Section 12.05 of the Master Plan; or (2) the monthly retirement benefit accrued as of the Participant's Late Retirement Date, without further actuarial adjustment under Section 12.06 of the Master Plan. E. Monthly ]Disability Benefit Amount The amount of the monthly Disability Benefit shall be computed in the same manner as the Normal Retirement benefit, based upon the Participant's Accrued Benefit as of his Disability Retirement Date. -21— City of Milton (Amended Effective July 1, 2014) Minimum Disability Benefit. The Adopting Employer may set a minimum Disability Benefit. The Employer elects the following minimum Disability benefit (check one): ❑ Not applicable (the Adopting Employer does not offer disability retirement benefits under the Plan). ❑ No minimum is established. ® No less than (cheek one): El 20% ❑ 10% ❑ % (if other than 20% or 10% insert percentage amount) of the Participant's average monthly Earnings for the 12 calendar month period (excluding; any period of unpaid leave of absence) immediately preceding his Termination of Employment as a result of a Disability. (Unless otherwise specified in an Addendum to the Adoption Agreement, no minimum will apply to elected or appointed members of the Governing Authority or Municipal Legal Officers.) ❑ No less than. (check. one): ❑ 66 2/3 % ❑ % (if other than 66 2l3%, insert percentage amount) of the Participant's average monthly Earnings for the 12 calendar month period (excluding any period of unpaid leave of absence) immediately preceding his Termination of Employment as a result of a Disability, less any monthly benefits paid from Workers Compensation (not including Worker's Compensation medical expense reimbursement benefits), federal Social Security benefits as a result of disability, any state compulsory disability pian, and any disability income plan paid by the Employer, as reported by the Employer in an attachment to the Participant's application for retirement. (Unless otherwise specified in an ; ddend'ura to the Adoption Agreement, no minim;... ;will apply to elected or appointed members of the Governing Authority or Municipal Legal Officers.) Dote: The Adopting Employer is responsible for reporting to GMEBS any amounts to be used in an offset. F. Minimum/Maximum Benefit For Elected Officials In addition to any other limitations imposed by federal or state law, the Employer may impose a cap on the monthly benefit amount that may be received by elected or appointed members of the Governing Authority. The Employer elects (checks one): ® Not applicable (elected or appointed members of the Governing Authority do not participate in the Plan). ❑ No minimum or maximum applies. ❑ Monthly benefit for Service as an elected or appointed member of the Governing Authority may not exceed 100% of the Participant's final salary as an elected or appointed member of the Governing Authority. ❑ Other minimum or maximum. (must specify): -22— City of Milton (Amended Effective July I, 2014) A. Distributions For Those Who Remain In Service .After Normal Retirement The Employer may elect to permit active Participants who have satisfied the Employer's qualifications for Normal Retirement or Alternative Normal Retirement to begin drawing their benefit even though they have not yet terminated employment with the Employer, subject to the terms of the Master Plan in Section 6.06(g). However, in accordance with IRS requirements, even if the Employer elects to permit in-service distributions and a Participant has otherwise satisfied the qualifications for Normal Retirement or Alternative Normal Retirement in Sections 14.B. or 14.C. above, the Participant. will not be permitted to tape an in-service distribution unless the Participant satisfies the qpplicable minimum age parameters set forth below. The Employer makes the following election in this regard (check one): ® (1) Distribution of retirement benefits is not permitted until the Participant has terminated employment and otherwise qualifies for receipt of benefits. ❑ (2) Participants who have satisfied the qualifications for Normal Retirement or Alternative Normal Retirement, or, if higher, the minimum age parameters set forth below, may begin drawing their Normal Retirement benefit even though they remain in the service of the Employer. This provision applies to (check orae): ❑ All Participants ❑ Only Participants in the following classes (in-service distributions not permitted for any others) (must specify): Mote: To be eligible for an in-service distribution, the Participant's age must meet the following minimum age parameters: For Participants who are not "public safety employees," the Participant must be at least age 62 or older. Based upon GMEBS' most recent actuarial experience study, this age is reasonably representative of the typical retirement age for the GMEBS' member municipalities/governmental entities (the "industry" in which members work). If the Employer selects a Normal Retirement Age or Alternative Normal Retirement Age in Section 14.B. or 14.C. that is at Ieast age 62, the Plan's normal retirement age will fall within the IRS pre -approved safe harbor. ® For Participants who are "public safety employees," the Participant must be at least age 50 or older. If the Employer selects a Normal Retirement Age or Alternative Normal Retirement Age in Section 14.13. or 14.C. that is at least age 50, the Plan's normal retirement age will fall within the IRS pre -approved safe harbor for public safety employees. Note: "Public safety employees" are defined under the Internal Revenue Code for this purpose as employees of a State or political subdivision of a State who provide police protection, firefighting services, or emergency medical services for any area within the jurisdiction of such State or political subdivision. -23-- City 23__City of Milton (Amended Effective Rily 1, 2014) B. Cost Of Living. Adjustment The Employer may elect to provide for an annual cost -of -living adjustment (COLA) in the amount of benefits being received by Retired Participants and Beneficiaries, which shall be calculated and paid in accordance with the terms of the Master Plan. The Employer hereby elects the following (check one): ® (1) No cost -of -living adjustment. ❑ (2) Variable Annual cost -of -living adjustment not to exceed % (insert percentage). ❑ (3) Fixed annual cost -of -living adjustment equal to _ % (insert percentage). The above cost -of -living adjustment shall apply with respect to the following Participants (and their Beneficiaries) (check one): ® All Participants (and their Beneficiaries). ❑ Participants (and their Beneficiaries) who terminate employment on or after (insert date). ❑ Other (must specify): C. Re -Employment After Normal or Early Retirement (see Master Plan Section 6.06(1) Regarding Re-Emt2121ment After Disabili#y Retirement) (1) Reemployment After Normal Retirement. In the event a Retired Participant is reemployed with the Employer as an Eligible Employee after his Normal Retirement Date, the following rule shall apply (check one): (a) ® The Participant's benefit shall be suspended in accordance with Section 6.06(a) of the Master Plan for as long as the Participant remains employed. (b) ❑ The Participant may continue to receive his retirement benefit in accordance with Section 6.06(e) of the Master Plan. This rule shall apply to (check one): ❑ all Retired Participants ❑ only the following classes of Retired Participants (must specify - benefits of those Retired Participants not listed shall be suspended in accordance with Section 6.06(a) of the Master Plan if they return to work with the Employer): (2) Reemployment After Early Retirement. In the event a Participant retires with an Early Retirement benefit and is reemployed with the Employer as an Eligible Employee -24-- City 24 --- City of Milton (Amended Effective July 1, 2014) before his Normal Retirement Date, the following rule shall apply (check one or more as applicable): (a) ® The Participant's Early Retirement benefit shall be suspended in accordance with Section 6.06(a) of the Master Plan for as long as the Participant remains employed. This rule shall apply to (check one): ® all Retired Participants; ❑ only the following classes of Retired Participants (must specify): (b) ❑ The Participant's eligibility to continue receiving Early Retirement benefits shall be subject to the following limitations (if this item is checked, check all of the following that apply): ❑ (i) The Participant's Early Retirement benefit, as applicable, shall be suspended.. however, the Participant may again begin receiving benefits after he satisfies the qualifications for Normal Retirement or alternative Normal Retirement in accordance with. Section 6.06(d) of the Master Plan. This rule shall apply to (check one): ❑ all Retired Participants ❑ only the following classes of Retired Participants (mast specify): ❑ (ii) The Participant may continue receiving his Early Retirement benefit in accordance with Section 6.06(e) of the Master Plan, provided his initial retirement was in good faith and he does not return to employment with the Employer for a minimum of months (insert number no less than 6) following his effective Retirement date. If this requirement is not met, the Participant's benefit shall be suspended until he satisfies the qualifications for Normal Retirement or alternative Normal Retirement in accordance with Section 6.06(d) of the Master Plan. This rule shall apply to (check one): ❑ all Retired Participants ❑ only the following classes of Retired Participants (must specify - benefits of those Retired Participants not listed shall be suspended in accordance with Section 6.06(x) of the Master Plan if they return to work with the Employer): -25— City 25 -- City of Milton (Amended Effective July 1, 2014) 17. TERMINATION OF EMPLOYMENT BEFORE RETIREMENT; VESTING A. Eligible Regular Ear to ees Subject to the terms and conditions of the Master Plan, a Participant who is an Eligible Regular Employee and whose employment is terminated for any reason other than death or retirement shall earn a vested right in his accrued retirement benefit in accordance with the following schedule (check one): ❑ No vesting schedule (immediate vesting). ® Cliff Vesting Schedule. Benefits shall be 100% vested after the Participant has a minimum of 7 years (insert number not to exceed 10) of Total Credited Service. Benefits remain 0% vested until the Participant satisfies this minimum. ❑ Graduated Vesting Schedule. Benefits shall become vested in accordance with the following schedule (insert Percentages): COMPLETED YEARS OF TOTAL CREDITED SERVICE VESTED PERCENTAGE 1 % 2 % 3 % 4 % S % 6 % 7 % 8 % 9 % 10 % Exceptions: If a vesting schedule other than that specified above applies to a special class(es) of Regular Employees, the Employer must specify the different vesting schedule below and the class(es) to whom the different vesting schedule applies. Regular Employees to whom exception applies (must specify): City Manager. Vesting Schedule for excepted class (must specify): Immediate Vesting (no vesting requirement). B. LL_ Members of the Governing Authority Elected or Appointed 1VIebe , , ,. , ,.�_,. Subject to the terms and conditions of the Master Plan, a Participant who is an elected or appointed member of the Governing Authority or a Municipal Legal Officer shall earn a vested right in his accrued retirement benefit for Credited Service in such capacity in accordance with the following schedule (check one): -26— City of Milton (Amended Effective July 1, 2014) ® Not applicable (elected or appointed members of the Governing Authority are not permitted to participate in the Plan). ❑ No vesting schedule (immediate vesting). ❑ Other vesting schedule (must specify): A. In -Service Death Benefit Subject to the terms and conditions of the Master Plan, the Employer hereby elects the following in-service death benefit, to be payable in the event that an eligible Participant's employment with the Employer is terminated by reason of the Participant's death prior to Retirement (check and complete one): (1) ® Auto A Death Benefit. A monthly benefit payable to the Participant's Pre -Retirement Beneficiary, equal to the decreased monthly retirement benefit that would have otherwise been payable to the Participant, had he elected a 100% joint and survivor benefit under Section 7.03 of the Master Plan. In order to be eligible for this benefit, a Participant must meet the following requirements (check one): ® The Participant must be vested in a normal retirement benefit. ❑ The Participant must have_ years (insert number) of Total Credited Service. ❑ The Participant must be eligible for Early or Normal Retirement. ❑ Other eligibility requirement (mast specify): (2) ❑ Actuarial Reserve death Benefit. A monthly benefit payable to the Participant's Pre -Retirement Beneficiary, actuarially equivalent to the reserve required for the Participant's anticipated Normal Retirement benefit, provided the Participant meets the following eligibility conditions (check one): ❑ The Participant shall be eligible immediately upon becoming a Participant. ❑ The Participant must have years (insert number) of Total Credited Service. ❑ Other eligibility requirement (must specify): Imputed Service. For purposes of computing the actuarial reserve death benefit, the Participant's Total Credited Service shall include (check one): -27-- City of Milton (Amended Effective July 1, 2014). ❑ Total Credited Service accrued prior to the date of the Participant's death. ❑ Total Credited Service accrued prior to the date of the Participant's death, plus (check one): ❑ one-half (%) ❑ (insert other fraction) of the Service between such date of death and what would otherwise have been the Participant's Normal Retirement Date. (See Master Plan Section 8.02(17) regarding 10 -year cap on additional Credited Service.) Minimum In -Service Death Benefit for Vested Em to ees E ual to 1"ern7inated Vested Death Benefit. Unless otherwise specified under "Exceptions" below, if a Participant's employment is terminated by reason of the Participant's death prior to Retirement, and if as of the date of death the Participant is vested but he does not qualify for the in-service death benefit, then. the Auto A Death Benefit will be payable, provided the Auto A Death Benefit is made available to terminated vested employees under the Adoption Agreement (see "Terminated Vested Death Benefit" below). (3) Exceptions: If an in-service death benefit other than that specified above applies to one or more classes of Participants, the Employer must specify below the death benefit payable, the class(es) to whom the different death benefit applies, and the eligibility conditions for said death benefit. Alternative Death Benefit (must specify formula that complies with definitely determinable requirements of 'Treasury Regulations Section 1.401-1(b)(1)(i) and does not violate limits applicable to governmental plans under Code Sections 401(a)(17) and 41.5): Participants to whom alternative death benefit applies (must specify): Eligibility conditions for alternative death benefit (must specify): B. Terminated Vested Death Benefit (1) Complete this Section only if the Employer offers a terminated vested death benefit. The Employer may elect to provide a terminated vested death benefit, to be payable in the event that a Participant who is vested dies after termination of employment but before Retirement benefits commence. Subject to the terms and conditions of the Master Plan, the Employer hereby elects the following terminated vested death benefit (check one): ® Auto A Beath Benefit. A monthly benefit payable to the Participant's Pre -Retirement Beneficiary, equal to the decreased monthly retirement benefit that would have otherwise been payable to the Participant had he elected a 100% joint and survivor benefit under Section 7.03 of the Master Plan. ❑ Accrued Retirement Benefit. A monthly benefit payable to the Participant's Pre -Retirement Beneficiary which shall be actuarially equivalent to the Participant's Accrued Normal Retirement Benefit determined as of the date of death. -28-- City of Milton (Amended Effective July 1, 2014) (2) ExceUtiions: If a terminated vested death benefit other than that specified above applies to one or more classes of Participants, the Employer must specify below the death benefit payable, the class(es) to whom the different death benefit applies, and the eligibility conditions for said death benefit. Alternative Death Benefit (must specify formula that complies with definitely determinable re€luirements of Treasury Regulations Section 1.401-1(b)(1)(i) and sloes not violate limits applicable to governmental plans under Code Sections 401(a)(17) and 415): Participants to whom alternative death benefit applies (must specify): Eligibility conditions for alternative death benefit (must specify): (1) Employee contributions (check one) - Are not required. ❑ Are required in the amount of % (insert percentage) of Earnings for all Participants. ® Are required in the amount of 330 % (insert percentage) of Earnings for Participants in the following classes (must specify): Eligible Re alar Employees em to ed on or after April l 2007,commencing with the first payroll period beeinnina on or after A ril 1 2007. (Repeat above subsection as necessary if more than one contribution rate applies.] (2) Pre -'Tax Treatment of Employee Contributions. If Employee Contributions are required in Subsection (1) above, an Adopting Employer may elect to "pick up" Employee Contributions to the Plan in accordance with IRC Section 414(h). In such case, Employee Contributions shall be made on a pre-tax rather than a post -tax basis, provided the requirements of IRC Section 414(h) are met. If the Employer elects to pick up Employee Contributions, it is the Employer's responsibility to ensure that Employee Contributions are paid and reported in accordance with IRC Section 414(h). The Adopting Employer must not report picked up contributions as wages subject to federal income tax withholding. The Employer hereby elects (check one): ® To pick up Employee Contributions. By electing to pick up Employee Contributions, the Adopting Employer specifies that the contributions, although designated as Employee Contributions, are being paid by the Employer in lieu of Employee Contributions. The Adopting Employer confirms that the executor of -29— City of Milton (Amended Effective July 1, 20.14) this Adoption Agreement is duly authorized to take this action as required to pick up contributions. This pick-up of contributions applies prospectively, and it is evidenced by this contemporaneous written document. On and after the date of the pick-up of contributions, a Participant does not have a cash or deferred election right (within the meaning of Treasury Regulation Section 1.401(k) -1(a)(3)) with respect to the designated Employee Contributions, which includes not having the option of receiving the amounts directly instead of having them paid to the Plan. ❑ Not to pick up Employee Contributions. (3) Interest on Employee Contributions. The Adopting Employer may elect to pay interest on any refund of Employee Contributions. ❑ Interest shall not be paid. ® Interest shall be paid on a refund of Employee Contributions at a rate established by GMEBS from time to time. ❑ Other rate of interest (must specify rate, subject to the provisions of Section 13°06 of the Master Plan Document): #. MODIFICATION OF THE TERMS OF DiPi c, If an Adopting Employer desires to amend any of its elections contained in this Adoption Agreement (or any Addendum), the Governing Authority by official action must adopt an amendment of the Adoption Agreement (or any Addendum) or a new Adoption Agreement (or Addendum) must be adopted and forwarded to the Board for approval. The amendment of the new Adoption Agreement (or Addendum) is not effective until approved by the Board and other procedures required by the Plan have been implemented. The Administrator will timely inform the Adopting Employer of any amendments made by the Board to the Plan. f► =I X1:7► I10I'Y 11 it 0] [i��l�I_�IZi i ► ►� ► '� This Adoption Agreement (and any Addendum) may be terminated only in accordance with the Plan. The Administrator will inform the Adopting Employer in the event the Board should decide to discontinue this volume submitter program. EMPLOYER22. ADOPTION D AUTHORIZATION Fi; . AMENDMENTS Adoption. The Adopting Employer hereby adopts the terms of the Adoption Agreement and any Addendum, which is attached hereto and made a part of this [ordinance/resolution]. The -3o- City of Milton (Amended Effective July 1, 2014) Adoption Agreement (and, if applicable, the Addendum) sets forth the Employees to be covered by the Plan, the benefits to be provided by the Adopting Employer under the Plan, and any conditions imposed by the Adopting Employer with respect to, but not inconsistent with, the Plan. The Adopting Employer reserves the right to amend its elections under the Adoption Agreement and any Addendum, so long as the amendment is not inconsistent with the Plan or the Internal Revenue Code or other applicable law and is approved by the Board of Trustees of GMEBS. The Adopting Employer acknowledges that it may not be able to rely on the volume submitter advisory letter if it makes certain elections under the Adoption Agreement or the Addendum. The Adopting Employer hereby agrees to abide by the Master Plan, Trust Agreement, and rules and regulations adopted by the Board of Trustees of GMEBS, as each may be amended from time to time, in all shatters pertaining to the operation and administration of the Plan. It is intended that the Act creating the Board of Trustees of GMEBS, this Plan, and the rules and regulations of the Board are to be construed in harmony with each other. In the event of a conflict between the provisions of any of the foregoing, they shall govern in the following order: (1) The Act creating the Board of Trustees of The Georgia Municipal Employees' Benefit System, O.C.G.A. Section 47-5-1 et seq. (a copy of which is included in the Appendix to the Master Defined Benefit Plan Document) and any other applicable provisions of O.C.G.A. Title 47; (2) The Master Defined Benefit Plan Document and Trust Agreement; (3) This Ordinance and Adoption Agreement (and any Addendum); and (4) The rules and regulations of the Board. In the event that any section, subsection, sentence, clause or phrase of this Plan shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the previously existing provisions or the other section or sections, subsections, sentences, clauses or phrases of this Plan, which shall remain in full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudicated invalid or unconstitutional were not originally a part hereof. The Governing Authority hereby declares that it would have passed the remaining parts of this Plan or retained the previously existing provisions if it had known that such part or parts hereof would be declared or adjudicated invalid or unconstitutional. This Adoption Agreement (and any Addendum) may only be used in conjunction with Georgia Municipal Employees Benefit System Master Defined Benefit Retirement Plan Document approved by the Internal Revenue Service under advisory letter dated , 20. The Adopting Employer understands that failure to properly complete this Adoption Agreement (or any Addendum.), or to operate and maintain the Plan and Trust in accordance with the terms of the completed Adoption Agreement (and any Addendum), Master Plan Document and Trust, may result in disqualification of the Adopting Employer's Plan under the Internal Revenue Code. Inquiries regarding the adoption of the Plan, the meaning of Plan provisions, or the effect of the IRS advisory letter should be directed to the Administrator. The Administrator is Georgia Municipal Employees Benefit System, with its primary business offices located at: 201 Pryor Street, SW, Atlanta, Georgia, 30303. The business telephone number is: (404) 688-0472. The primary person to contact is: GMEBS Legal Counsel. -31- City of Milton (Amended Effective July 1, 2014) Authorization for Amendments. Effective on and after February 17, 2005, the Adopting Employer hereby authorizes Ice Miller LLP, Legal Counsel, the volume submitter practitioner who sponsors the Plan on behalf of GMEBS, to prepare amendments to the Plan, for approval by the Board, on its behalf as provided under Revenue Procedure 2005-16, as superseded by Revenue Procedure 2011-49, and Announcement 2005-37. Employer notice and signature requirements were met for the Adopting Employer before the effective date of February 17, 2005. The Adopting Employer understands that the implementing amendment reads as follows: On and after February 17, 2005, the Board delegates to the Practitioner the authority to advise and prepare amendments to the Plan, for approval by the Board, on behalf of all Adopting Employers, including those Adopting Employers who have adopted the Plan prior to the January 1, 2013, restatement of the Plan, for changes in the Code, the regulations thereunder, revenue rulings, other statements published by Internal Revenue Service, including model, sample, or other required good faith amendments (but only if their adoption will not cause such Plan to be individually designed), and for corrections of prior approved plans. These amendments shall be applied to all Adopting Employers. Employer notice and signature requirements have been met for all Adopting Employers before the effective date of February 17, 2005. In any event, any amendment prepared by the Practitioner and approved by the Board will be provided by the Administrator to Adopting Employers. Notwithstanding the foregoing paragraph, no amendment to the Plan shall be prepared on behalf of any Adopting Employer as of either: the date the Internal Revenue Service requires the Adopting Employer to file Form 5300 as an individually designed plan as a result of an amendment by the Adopting Employer to incorporate a type of Plan not allowable in a volume submitter plan as described in Revenue Procedure 2011-49; or as of the date the Plan is otherwise considered an individually designed plan due to the nature and extent of the amendments. If the Adopting Employer is required to obtain a determination letter for any reason in order to :maintain reliance on the advisory letter, the Practitioner's authority to amend the Plan on behalf of the Adopting Employer is conditioned on the Plan receiving a favorable determination letter. The Adopting Employer further understands that, if it does not give its authorization .hereunder or, in the alternative, adopt another pre -approved plan, its Plan will become an individually designed plan and will not be able to rely on the volume submitter advisory letter. -32— City of Milton (Amended Effective July 1, 2034) The terms of the foregoing Adoption. Agreement are approved by the Board of Trustees of Georgia Municipal Employees Benefit System. IN WITNESS WHEREOF, the Board of Trustees of Georgia Municipal Employees Benefit System has caused its Seal and the signatures of its duly authorized officers to be affixed this day of _ , 2414. (SEAL) Board of Trustees Georgia Municipal Employees Benefit System Secretary GENERAL ADDENDUM TO THE GEORGIA MUNICIPAL EMPLOYEES BENEFIT SYSTEM DEFINED BENEFIT RETIREMENT PLAN ADOPTION AGREEMENT This is an Addendum to the Adoption Agreement completed by the City of Milton, as follows (complete one or more sections, as applicable): ***Item (1) of Pre –Approved Addendum – Not Applicable*** (2) Discontinuance of participation in the Plan by one or more Departments or classes of Employees (for amendment of Adoption Agreement only - see Section 9 of Adoption Agreement): (a) DB Plan Participation Closed to Employees Initially Employed or Reemployed on or after July 1, 2014 – Any Employee who is initially employed or reemployed by the City of Milton or after July 1, 2014 will not participate in the DB Plan (this Plan) with respect to his/her service and earnings on or after the date of such initial employment or reemployment. Eligible Regular Employees who are employed with the City as of June 30, 2014 will remain in the DB Plan (this Plan), subject to the eligibility requirements of this Plan, and except as otherwise provided in subsections 2(b) and Section 13 below concerning the effect of becoming reemployed. An Employee who is employed with the City as of June 30, 2014 but who does not satisfy the eligibility requirements (e.g., hour per week or month per year requirement) to participate in this Plan as of such date, and who, without terminating and becoming reemployed by the City, meets the eligibility requirements to participate in this Plan on or after July 1, 2014 shall become a Participant in this Plan upon satisfying such eligibility requirements, subject to subsection 2(b) and Section 13 below concerning the effect of becoming reemployed. (b) Employed as of June 30, 2014; Effect of Termination & Reemployment – If an Eligible Regular Employee who is employed with the City as of June 30, 2014 terminates employment and becomes reemployed by the City on or after July 1, 2014, said Employee will not be eligible to participate in the DB Plan (this Plan) with respect to his/her service and earnings with City of Milton (Amended Effective July 1, 2014) the City on or after said reemployment date. In addition, said Eligible Regular Employee’s vested status, the Eligible Regular Employee’s eligibility for retirement and pre-retirement death benefits, and the amount of any benefits payable to or on behalf of the Eligible Regular Employee under the DB Plan (this Plan), if any, with respect to the Eligible Regular Employee’s Service with the City prior to said reemployment date will be determined based upon the Eligible Regular Employee’s Credited Service and his/her Final Average Earnings as of the date of his or her termination of employment preceding the date he/she is first reemployed by the City on or after July 1, 2014. Notwithstanding the provision above concerning determination of vested status, portability service with other GMEBS Retirement Fund member employers will be taken into account as provided under subsection 2(d) below. Service and earnings on or after said reemployment date will not be taken into account for any purpose under the DB Plan (this Plan) (e.g., for purposes of becoming vested under the DB Plan, meeting benefit eligibility requirements, or computing the amount of benefits payable, if any, under the DB Plan). See also Section 13 of this Addendum regarding Frozen Plan Provisions. (c) Former Employees Not Employed on June 30, 2014 Who Become Reemployed or after July 1, 2014 – If a former Employee of the City who is not employed with the City as of June 30, 2014 becomes reemployed by the City on or after July 1, 2014, the Employee will not be eligible to participate in the DB Plan (this Plan) with respect to his or her service and earnings with the City on or after the date on which he or she is reemployed. The Employee’s vested status, the Employee’s eligibility for retirement and pre-retirement benefits, and the amount of any benefits payable under this Plan, if any, with respect to the Employee’s Service with the City prior to said reemployment date will be determined in accordance with the applicable terms of this Plan, if any, in effect as of the date of the Employee’s most recent termination from the City preceding the date on which he or she is first reemployed by the City on or after July 1, 2014, and the Employee’s Credited Service and Final Average Earnings with the City, if any, as of said termination date. Notwithstanding the provision above concerning determination of vested status, - 2 - City of Milton (Amended Effective July 1, 2014) portability service will be taken into account as provided under subsection 2(d) below. Service and earnings with the City on or after said reemployment date will not be taken into account for any purpose under this Plan (e.g., for purposes of becoming vested, meeting benefit eligibility requirements, or computing the amount of benefits payable under this Plan). See also Section 13 of this Addendum regarding Frozen Plan Provisions. (d) GMEBS Portability Service – Credited Service under the defined benefit retirement plans of other GMEBS Retirement Fund member employers (portability service) will continue to be taken into account under this Plan in accordance with the GMEBS Master Plan (solely for purposes of determining vested status and eligibility for retirement benefits under this Plan) with respect to: (1) Eligible Regular Employees who are employed with the City as of June 30, 2014; and (2) former Eligible Regular Employees of the City not employed with the City as of June 30, 2014 who previously participated in the DB Plan (this Plan), provided they do not become reemployed by the City on or after July 1, 2014. If an Employee or former Employee described in this subsection 2(d)(1) – (2) becomes reemployed with the City on or after July 1, 2014, then any portability service on or after said reemployment date will not be taken into account for any purpose under the DB Plan (this Plan), notwithstanding any provision of the Master Plan to the contrary. (3) Special Waiting Period Requirements - (see Section 11 of Adoption Agreement regarding Waiting Period) (check as applicable): (a) No Waiting Period; Immediate Participation. Except as otherwise provided below or where suspension of benefits is required as provided in Section 6.06 of the Master Plan, there will be no waiting period for participation under the Plan. This provision shall apply to (check one): All Regular Employees. The following class(es) (the normal 1-year waiting period for participation will apply to all other Regular Employees unless otherwise provided in an Alternative Waiting Period provision below) (must specify): City Manager; provided - 3 - City of Milton (Amended Effective July 1, 2014) however, that any City Manager who is initially employed or reemployed on or after July 1, 2014 is not eligible to participate in this Plan, and service and earnings with the City on or after such initial employment date or reemployment date (as applicable) will not be taken into account for any purpose under this Plan. (b) Alternative Waiting Period. Eligible Employees shall be required to complete (specify time period) of continuous, uninterrupted Service with the Adopting Employer before they qualify for participation in the Plan. The determination as to whether the waiting period has been satisfied shall be made in accordance with provisions of the Master Plan. This alternative waiting period provision shall apply to (check as applicable): All Regular Employees. All Municipal Legal Officers. All elected or appointed members of the Governing Authority. The following class(es) (the normal 1-year waiting period or no waiting period as set forth in Section 11 of the Adoption Agreement will apply to all other Eligible Employees, as applicable, unless otherwise provided in this Section) (must specify): . (14) Frozen Plan Provisions (for amendment of Adoption Agreement only – see Section 9 of Adoption Agreement regarding Classes of Eligible Employees): (a) Plan Freeze - The Plan is "frozen" effective as of July 1, 2014 (specify date). The Plan shall be subject to all provisions of the Adoption Agreement and Master Plan, except as otherwise provided herein, and the Employer shall continue to maintain the Plan's qualified status. The Plan shall be frozen, as follows (check as applicable): - 4 - City of Milton (Amended Effective July 1, 2014) (i) The Plan shall be frozen with respect to the following class(es) of Eligible Employees (one or more as applicable): all Participants; all Eligible Regular Employees; elected or appointed members of the Governing Authority; Municipal Legal Officers; other (must specify): Employees initially employed or reemployed on or after July 1, 2014. (ii) Active Participants in the affected class(es) of Eligible Employees as of the freeze effective date shall be vested in their normal retirement benefits accrued as of the effective date of the freeze to the extent funded notwithstanding any provision of the Adoption Agreement to the contrary. (iii) Employees who are (check all that apply): employed by the Employer or in office as of _________ (specify date), first employed on or after July 1, 2014 (specify date), reemployed on or after July 1, 2014 (specify date), shall not be eligible to participate in the Plan on or after the date on which such Employee is first employed or reemployed on or after July 1, 2014, as applicable (specify date). (iv) With respect to Employees designated in paragraph (iii) above, earnings on or after the date on which such Employee is first employed or reemployed on or after July 1, 2014, as applicable (specify date) shall not be taken into account for purposes of the Plan. (v) The Employees designated in paragraph (iii) above shall not be credited with service for the Employer on or after the date on which such Employee is first employed or reemployed on or after July 1, 2014, as applicable (specify date) for purposes of (check all that apply): computing the amount of benefits payable; meeting minimum service requirements for participation and vesting; meeting minimum service requirements for benefit eligibility under the Plan. - 5 - City of Milton (Amended Effective July 1, 2014) (vi) The following additional provisions shall apply as a result of the freeze (must specify): See General Addendum Section 2 for additional provisions concerning Plan freeze. The terms of the foregoing Addendum to the Adoption Agreement are approved by the Mayor and Council of the City of Milton, Georgia this ________ day of _____________, 2014. Attest: CITY OF MILTON, GEORGIA _________________________ ____________________________________ City Clerk Mayor (SEAL) Approved: __________________________ City Attorney The terms of the foregoing Addendum are approved by the Board of Trustees of the Georgia Municipal Employees Benefit System. IN WITNESS WHEREOF, the Board of Trustees of the Georgia Municipal Employees Benefit System has caused its Seal and the signatures of its duly authorized officers to be affixed this ______ day of __________________________, 20____. Board of Trustees Georgia Municipal Employees Benefit System (SEAL) Secretary - 6 - City of Milton (Amended Effective July 1, 2014) HOME OF' '41 Ti ESTABLISHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 12, 2014 FROM: City Manager AGENDA ITEM: Consideration of a Resolution to Approve a Revised Adoption Agreement between the City of Milton and ICMA-RC to Limit Participation in the Defined Contribution Plan to Employees Hired Prior to July 1, 2014 MEETING DATE: Monday, June 16, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: )Q APPROVED {) NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: 0 YES () NO CITY ATTORNEY REVIEW REQUIRED: N YES O NO APPROVAL BY CITY ATTORNEY PAPPROVED / f PLACED ON AGENDA FOR: 6 (P 1 I (° 1 I �r REMARKS () NOT APPROVED ® Your - _ �Greeln' (*=rtfcj Tao PHONE: 678.242.25001 FAX: 678.242.2499 , _ Community infoC�+cityofmilfonga.us www.ci#yofmillonga.us .,...:....,.. .,..- ... . - CERTiFiE� BRONV A 13000 Deerfield Parkway, Sulte 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Sam Trager, Director of Human Resources Date: Submitted on June 12, 2014 for the June 16, 2014 Regular Council Meeting Agenda Item: Consideration of a resolution to approve a revised adoption agreement between the City of Milton and ICMA-RC to limit participation in the Defined Contribution plan to employees hired prior to July 1, 2014 ____________________________________________________________________________ Department Recommendation: Approve the attached resolution amending the current defined contribution plan. Executive Summary: Also before you today is an ordinance limiting participation in the defined benefit pension plan. It is also necessary to limit participation in the current defined contribution plan. The attached resolution limits participation in the three defined contribution plans we have with ICMA-RC to those employees hired prior to July 1, 2014. Funding and Fiscal Impact: These changes have no financial impact at this time. Cost changes will be incurred when the new plan is developed and adopted. Alternatives: Other Council directed action. Legal Review: Megan Martin – Jarrard & Davis (June 11, 2014) Blake MacKay – Alston & Bird (June 10, 2014) Concurrent Review: Stacey Inglis, Assistant City Manager Attachment(s): ICMA Governmental Money Purchase Plan & Trust Adoption Agreements (Plan Nos. 10-106328, 10-106470 and 10-106635) Resolution STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION TO APPROVE A REVISED ADOPTION AGREEMENT BETWEEN THE CITY OF MILTON AND ICMA-RC TO LIMIT PARTICIPATION IN THE DEFINED CONTRIBUTION PLAN TO EMPLOYEES HIRED PRIOR TO JULY 1, 2014 WHEREAS, the City of Milton wishes to provide competitive benefits to all employees; and WHEREAS, the City of Milton currently provides employees with a defined benefit plan and two defined contribution plans; and WHEREAS, the City of Milton wishes to limit participation in the current defined benefit and defined contribution plans to employees hired prior to July 1, 2014; and NOW THEREFORE be it resolved by the Council for the City of Milton as follows: The attached adoption agreements be approved to reflect the necessary changes to limit participation in the plan to employees hired before July 1, 2014; and That the Mayor shall be authorized to execute the attached adoption agreements BE IT SO RESOLVED AND ORDAINED, this 16th day of June, 2014, by the Council of the City of Milton, Georgia. Approved: _______________________ Joe Lockwood, Mayor Attest: ___________________________ Sudie AM Gordon, City Clerk ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN r& TRUST ADOPTION AGREEMENT PLAN NUMBER 10- 106328 The Employer hereby establishes a Money Purchase Plan and Trust to be known as City of Milton, GA ____(the "Plan") in the form of the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust (MPP 01101/06). This Plan is an amendment and restatement of an existing defined contribution money purchase plan. 0 Yes 0 No If yes, please specify the name of the defined contribution money purchase plan which this Plan hereby amends and restates: City of Milton, GA I. Employer: City of Milton, GA II. The Effective Date of the Plan shall be the first day of the Plan Year during which the Employer adopts the Plan, unless an alternate Effective Date is hereby specified: 1/112007 (e.g., January 1, 2006 for the MPP 01/01/06 Plan) Ill. Plan Year will mean: 0 The twelve (12) consecutive month period which coincides with the limitation year. (See Section 5.03(1) of the Plan.) 0 The twelve (12) consecutive month period commencing on and each anniversary thereof. IV, Normal Retirement Age shall be age 65___ (not to exceed age 65). V. ELIGIBILITY REQUIREMENTS: 1. The following group or groups of Employees are eligible to participate in the Plan: X __ All Employees _ All Full Time Employees _ Salaried Employees _ Non union Employees _ Management Employees _ Public Safety Employees _ General Employees X __ Other Employees (specify describe the group(s) of eligible employees below) Exclude employees hired or rehired on or after 711114 [9021 [2881 The group specified must correspond to a group of the same designation that is defined in the statutes, ordinances, rules, regulations, personnel manuals or other material in effect in the state or locality of the Employer. Also, the eligibility requirements for participation in the Plan cannot be such that Employees become Participants only in the Plan Year in which the Employees terminate employment (i.e., stand-alone final pay plans). Money Purchase Plan Adoption Agreement 2. The Employer hereby waives or reduces the requirement of a twelve (12) month Period of Service for participation. The required Period of Service shall be (write N/A if an Employee is eligible to participate upon employment) NIA If this waiver or reduction is elected, it shall apply to all Employees within the Covered Employment Classification. 3. A minimum age requirement is hereby specified for eligibility to participate. The minimum age requirement is 16 _ (not to exceed age 21. Write N/A if no minimum age is declared) VI. CONTRIBUTION PROVISIONS 1. The Employer shall contribute as follows: (Choose all that apply, but at least one of Options A, B or C. If Option A is not selected, Employer must pick up Participant Contributions under Option B or Option C.) Fixed Employer Contributions With or Without Mandatory Participant Contributions. (If Option B or C is chosen, please complete section D.) L71 A. Employer Contributions. The Employer shall contribute on behalf of each Participant 3.75 % of Earnings or $ for the Plan Year (subject to the limitations of Article V of the Plan). Mandatory Participant Contributions 0 are required 0 are not required to be eligible for this Employer Contribution. [0 B. Mandatory Participant Contributions for Plan Participation A Participant is required to contribute (subject to the limitations of Article V of the Plan) (i) 375_% of Earnings, (ii) $_ , or (iii) a whole percentage of Earnings between the range of _ (insert range of percentages between 0% and 20% (e.g., 3%, 6%, or 20916; Sofo to 7%)), as designated by the Employee in accordance with guidelines and procedures established by the Employer for the Plan Year as a condition of participation in the Plan. A Participant shall not have the right to discontinue or vary the rate of such contributions after becoming a Plan Participant. The Employer hereby elects to "pick up" the Mandatory Participant Contributions '(pick up is required if neither Option A nor Option C is selected). 0 Yes 0 No [621 C. Mandatory Participant Contributions for this Portion of the Plan. Each Employee eligible to participate in the Plan shall be given the opportunity to irrevocably elect to participate in the Mandatory Participant Contribution portion of the Plan by electing to contribute _(insert range of percentages between 0% and 20% (e.g., 3916, 6%, or 20%; S% to 7Jo)) of the Employee's Earnings to the Plan for each Plan Year (subject to the limitations of Article V of the Plan). ' Neither an IRS advisory letter nor a determination letter issued to an adopting Employer is a ruling by the Internal Revenue Service that Participant contributions that are picked up by the Employer are not includable in the Participant 's gross income for federal income tax purposes. Pick-up contributions are not mandated to receive private letter rulings, however, if an adopting employer wishes to receive a ruling on pick-up contributions they may request one in accordance with Revenue Procedure 2011-4 (or subsequent guidance). Money Purchase Plan Adoption Agreement A Participant shall not have the right to discontinue or vary the rate of such contributions after becoming a Participant in this portion of the Plan. The Employer hereby elects to "pick up" the Mandatory Participant Contributions (pick up is required if neither Option A nor Option B is selected).' [621 17 Yes 0 No D. Election Window (Complete if Option B or Option C is selected): Newly eligible Employees shall be provided an election window of NIA days (no more than 60 calendar days) from the date of initial eligibility during which they may make the election to participate in the Mandatory Participant Contribution portion of the Plan. Participation in the Mandatory Participant Contribution portion of the Plan shall begin the first of the month following the end of the election window. An Employee's election is irrevocable and shall remain in force until the Employee terminates employment or ceases to be eligible to participate in the Plan. In the event of re-employment to an eligible position, the Employee's original election will resume. In no event does the Employee have the option of receiving the pick-up contribution amount directly. 2. The Employee may also elect to contribute as follows: I� A. Fixed Employer Match of Voluntary Participant Contributions. The Employer shall contribute on behalf of each Participant ,% of Earnings for the Plan Year (subject to the limitations of Article V of the Pian) for each Plan Year that such Participant has contributed % of Earnings or $__——. Under this option, there is a single, fixed rate of Employer contributions, but a Participant may decline to make the required Participant contributions in any Plan Year, in which case no Employer contribution will be made on the Participant's behalf in that Plan Year. B. Variable Employer Match of Voluntary Participant Contributions. The Employer shall contribute on behalf of each Participant an amount determined as follows (subject to the limitations of Article V of the Plan): % of the Voluntary Participant Contributions made by the Participant for the Plan Year (not including Participant contributions exceeding ___10 of Earnings or $_ ); PLUS % of the contributions made by the Participant for the Plan Year in excess of those included in the above paragraph (but not including Voluntary Participant Contributions exceeding in the aggregate % of Earnings or $____). Employer Matching Contributions on behalf of a Participant for a Plan Year shall not exceed $ _ or _% of Earnings, whichever is _ more or _ less. 3. Each Participant may make a voluntary (unmatched), after tax contribution, subject to the limitations of Section 4.05 and Article V of the Plan. 0 Yes 0 No 4. Employer contributions for a Plan Year shall be contributed to the Trust in accordance with the following payment schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): z See footnote I on tine previous page. Money Purchase Plan Adoption Agreement 5• Participant contributions for a Plan Year shall be contributed to the Trust in accordance with the following payment schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): Bi -weekly VII. EARNINGS Earnings, as defined under Section 2.09 of the Plan, shall include: (a) Overtime (b) Bonuses 0 Yes 11 No 0 Yes 0 No (c) Other Pay (specifically describe any other types of pay to be included below) VIII. The Employer will permit rollover contributions in accordance with Section 4.11 of the Plan. 0 Yes 0 No IX. LIMITATION ON ALLOCATIONS If the Employer maintains or ever maintained another qualified plan in which any Participant in this Plan is (or was) a participant or could possibly become a participant, the Employer hereby agrees to limit contributions to all such plans as provided herein, if necessary in order to avoid excess contributions (as described in Sections 5.02 of the Plan). 1. If the Participant is covered under another qualified defined contribution plan maintained by the Employer, the provisions of Section 5.02(a) through (f) of the Plan will apply unless another method has been indicated below. Other Method. (Provide the method under which the plans will limit total Annual Additions to the Maximum Permissible Amount, and will properly reduce any excess amounts, in a manner that precludes Employer discretion.) 2. The limitation year is the following 12 consecutive month period: Money Purchase Plan Adoption Agreement 4 X. VESTING PROVISIONS The Employer hereby specifies the following vesting schedule, subject to (1) the minimum vesting requirements and (2) the concurrence of the Plan Administrator. (For the blanks below, enter the applicable percent — from 0 to 100 (with no entry after the year in which 100% is entered), in ascending order.) Period of Service Percent Completed Vested Zero too % One % Two % Three Four Five Six Seven % Eight Nine Ten % XI. Loans are permitted under the Plan, as provided in Article XIII of the Plan: 0 Yes 71 No XII. [751 ] 1. In-service distributions are permitted under the Plan after a participant attains (select one of the below [646:8] options): Normal Retirement Age C� Age 70i/z 0 Not permitted at any age 2. Tax-free distributions of up to $3,000 for the payment of qualifying insurance premiums for eligible retired public safety officers are available under the Plan. 0 Yes 0 No (Default) [646:3] XIII. In-service distributions of the Rollover Account are permitted under the Plan as provided in Section 9.07. 0 Yes No (Default) [646:7] XIV. SPOUSAL PROTECTION The Plan will provide the following level of spousal protection (select one): A. Participant Directed Election. The normal form of payment of benefits under the Plan is a lump sum. [646'6] The Participant can name any person(s) as the Beneficiary of the Plan, with no spousal consent required. B. Beneficiary Spousal Consent Election (Article XII). The normal form of payment of benefits under [646:6] the Plan is a lump sum. Upon death, the surviving spouse is the Beneficiary, unless he or she consents to the Participant's naming another Beneficiary. (This is the default provision under the Plan if no selection is made.) C. QJSA Election (Article XVII). The normal form of payment of benefits under the Plan is a 50% qualified [642:8] joint and survivor annuity with the spouse (or life annuity, if single). In the event of the Participant's death prior to commencing payments, the spouse will receive an annuity for his or her lifetime. [646:6] 5 Money Purchase Plan Adoption Agreement XV FINAL PAY CONTRIBUTIONS The Plan will provide for Final Pay Contributions if either I or 2 below is selected. Final Pay shall be defined as (select one): A. 17 Accrued unpaid vacation B. ID Accrued unpaid sick leave C. Accrued unpaid vacation and sick leave D. Other (insert definition of final pay): _ that would otherwise be payable to the Employee in cash upon termination. I. Employer Final Pay Contribution. The Employer shall contribute on behalf of each Participant of Final Pay to the Plan (subject to the limitations of Article V of the Plan). 2. 0 Employee Designated Final Pay Contribution. Each Employee eligible to participate in the Plan shall be given the opportunity at enrollment to irrevocably elect to contribute __% (insert fixed percentage of final pay to be contributed) or up to _ % (insert maximum percentage of final pay to be contributed) of Final Pay to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked. If the employer elects to "pick up" these amounts, in no event does the Employee have the option of receiving the pick-up contribution amount directly. The Employer hereby elects to "pick up" the Employee Designated Final Pay Contribution thereby treating such contributions as Employer -made contributions for federal income tax purposes. 171 Yes 71 No [6211 XVI. ACCRUED LEAVE CONTRIBUTIONS The Plan will provide for accrued unpaid leave contributions if either I or 2 is selected below. Accrued Leave shall be defined as (select one): A. Accrued unpaid vacation B. Accrued unpaid sick leave C. Accrued unpaid vacation and sick leave D. 0 Other (insert definition of final pay: that would otherwise be payable to the Employee in cash. 1. 0 Employer Accrued Leave Contribution. The Employer shall contribute as follows (choose one of the following options): 0 For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant the unused Accrued Leave in excess of (insert number of hours/days/weeks) to the Plan (subject to the limitations of Article V of the Plan). 0 For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant % of unused Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). Money Purchase Plan Adoption Agreement 0 2. Employee Designated Accrued Leave Contribution. Each eligible Participant shall be given the opportunity at enrollment to irrevocably elect to contribute __% (insert fixed percentage of accrued unpaid leave to be contributed) or up to _ % (insert maximum percentage of accrued unpaid leave to be contributed) of Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked. If the employer elects to "pick up" these amounts, in no event does the Employee have the option of receiving the pick-up contribution amount directly. The Employer hereby elects to "pick up" the Employee Designated Final Pay Contribution thereby treating such contributions as Employer -made contributions for federal income tax purposes. 171 Yes 0 No [621 ] In order to allow for Final Pay Contributions and/or Accrued Leave Contributions, as defined in sections XV and XVI above, the Plan must also include additional sources of ongoing contributions, such as Fixed Employer Contributions or Mandatory Participant Contributions. In accordance with IRS Guidance, ICMA-RC will not process Final Pay Contribution or Accrued Leave Contribution Features as part of a "Stand Alone" Final Pay Plan. XVII. The Employer hereby attests that it is a unit of state or local government or an agency or instrumentality of one or more units of state or local government. XVIII. The Plan Administrator hereby agrees to inform the Employer of any amendments to the Plan made pursuant to Section 14.05 of the Plan or of the discontinuance or abandonment of the Plan. XIX. The Employer hereby appoints the ICMA Retirement Corporation as the Plan Administrator pursuant to the terms and conditions of the ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST. The Employer hereby agrees to the provisions of the PIan and Trust. XX. The Employer hereby acknowledges it understands that failure to properly fill out this Adoption Agreement may result in disqualification of the Plan. XXI. An adopting Employer may rely on an advisory letter issued by the Internal Revenue Service as evidence that the Plan is qualified under section 401 of the Internal Revenue Code to the extent provided in applicable IRS revenue procedures and other official guidance. In Witness Whereof, the Employer hereby causes this Agreement to be executed on this ___ day of ,20 EMPLOYER ICMA RETIREMENT CORPORATION 777 North Capitol St., NE Washington, DC 20002-4240 202-962-8096 By: Print Name: Title: Attest: By: Print Name: Title: 7 Money Purchase Plan Adoption Agreement ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT PLAN NUMBER 10- 106470 The Employer hereby establishes a Money Purchase Plan and Trust to be known as city of Milton, GA ___(the "Plan") in the form of the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust (MPP 01/01/06). This Plan is an amendment and restatement of an existing defined contribution money purchase plan. 71 Yes 0 No If yes, please specify the name of the defined contribution money purchase plan which this Plan hereby amends and restates: IV. V. of Milton, GA Employer: City of Milton, GA The Effective Date of the Plan shall be the first day of the Plan Year during which the Employer adopts the Plan, unless an alternate Effective Date is hereby specified: 1011/07 (e.g., January 1, 2006 for the MPP 01/01/06 Plan) Plan Year will mean: The twelve (12) consecutive month period which coincides with the limitation year. (See Section 5.03(f) of the Plan.) 0 The twelve (12) consecutive month period commencing on 10/01 Normal Retirement Age shall be age 65 ELIGIBILITY REQUIREMENTS: (not to exceed age 65). and each anniversary thereof. 1. The following group or groups of Employees are eligible to participate in the Plan: _ All Employees X __ All Full Time Employees _ Salaried Employees _ Non union Employees _ Management Employees _ Public Safety Employees _ General Employees X __ Other Employees (specify describe the group(s) of eligible employees below) EIC"employee WM arrmrw On or after 7/114. FM U" employeef are ttr LL9 I g 40 W more Haan; per Weet [9021 [2$81 The group specified must correspond to a group of the same designation that is defined in the statutes, ordinances, rules, regulations, personnel manuals or other material in effect in the state or locality of the Employer. Also, the eligibility requirements for participation in the Plan cannot be such that Employees become Participants only in the Plan Year in which the Employees terminate employment (i.e., stand-alone final pay plans). Money Purchase Plan Adoption Agreement 2. The Employer hereby waives or reduces the requirement of a twelve (12) month Period of Service for participation. The required Period of Service shall be (write N/A if an Employee is eligible to participate upon employment) t Year If this waiver or reduction is elected, it shall apply to all Employees within the Covered Employment Classification. 3• A minimum age requirement is hereby specified for eligibility to participate. The minimum age requirement is 18 _ (not to exceed age 21. Write N/A if no minimum age is declared.) VI. CONTRIBUTION PROVISIONS 1. The Employer shall contribute as follows: (Choose all that apply, but at least one of Options A, B or C. If Option A is not selected, Employer must pick up Participant Contributions under Option B or Option C.) Fixed Employer Contributions With or Without Mandatory Participant Contributions. (If Option B or C is chosen, please complete section D.) A. Employer Contributions. The Employer shall contribute on behalf of each Participant % of Earnings or $ for the Plan Year (subject to the limitations of Article V of the Plan). Mandatory Participant Contributions 0 are required ID are not required to be eligible for this Employer Contribution. B. Mandatory Participant Contributions for Plan Participation A Participant is required to contribute (subject to the limitations of Article V of the Plan) (i) % of Earnings, (ii) $_ , or (iii) a whole percentage of Earnings between the range of _ (insert range of percentages between 0% and 201Yo (e.g., 3%, 6%, or 20%; S% to 7%)), as designated by the Employee in accordance with guidelines and procedures established by the Employer for the Plan Year as a condition of participation in the Plan. A Participant shall not have the right to discontinue or vary the rate of such contributions after becoming a Plan Participant. The Employer hereby elects to "pick up" the Mandatory Participant Contributions `(pick up is required if neither Option A nor Option C is selected). 0 Yes 0 No [621] C. Mandatory Participant Contributions for this Portion of the Plan Each Employee eligible to participate in the Plan shall be given the opportunity to irrevocably elect to participate in the Mandatory Participant Contribution portion of the Plan by electing to contribute _(insert range of percentages between 096, and 20% (e.g., 3%, 6%, or 20%; % to 7%)) of the Employee's Earnings to the Plan for each Plan Year (subject to the limitations of Article V of the Plan). Neither an IRS advisory letter nor a determination letter issued to an adopting Employer is a ruling by the Internal Revenue Service that Participant contributions that are picked up by the Employer are not includable in the Participant's gross income for federal income tax purposes. Pick-up contributions are not mandated to receive private letter rulings, however, ifan adopting employer wishes to receive a ruling on pick-up contributions they may request one in accordance with Revenue Procedure 2011-4 (or subsequent guidance). Money Purchase Plan Adoption Agreement A Participant shall not have the right to discontinue or vary the rate of such contributions after becoming a Participant in this portion of the Plan. The Employer hereby elects to "pick up" the Mandatory Participant Contributions.I Ll Yes �U, No D. Election Window. Newly eligible Employees shall be provided an election window of days (no more than 60 calendar days) from the date of initial eligibility during which they may make the election to participate in the Mandatory Participant Contribution portion of the Plan. Participation in the Mandatory Participant Contribution portion of the Plan shall begin the first of the month following the end of the election window. An Employee's election is irrevocable and shall remain in force until the Employee terminates employment or ceases to be eligible to participate in the Plan. In the event of re-employment to an eligible position, the Employee's original election will resume. In no event does the Employee have the option of receiving the pick-up contribution amount directly. Ll Fixed Employer Match of Voluntary Participant Contributions. The Employer shall contribute on behalf of each Participant % of Earnings for the Plan Year (subject to the limitations of Article V of the Plan) for each Plan Year that such Participant has contributed % of Earnings or $' Under this option, there is a single, fixed rate of Employer contributions, but a Participant may decline to make the required Participant contributions in any Plan Year, in which case no Employer contribution will be made on the Participant's behalf in that Plan Year. Q Variable Employer Match of Voluntary Participant Contributions. The Employer shall contribute on behalf of each Participant an amount determined as follows (subject to the limitations of Article V of the Plan): If an employee contributes ! 1.0 % of his or her wages to the 457 Deferred Compensation Plan, the Town will contribute an additional J/2 % with a maximum of! 1.0 % of the employees base wages. Employer Matching Contributions on behalf of a Participant for a Plan Year shall not exceed 1.0 % of Earnings, whichever is i_ more or —'less. 3. Each Participant may make a voluntary (unmatched), after-tax contribution, subject to the limitations of Section 4.05 and Article V of the Plan. L1, 0 No 4. Employer contributions for a Plan Year shall be contributed to the Trust in accordance with the following payment schedule (no later than the 15`h day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): Bi -weekly 2 See footnote 1 above. 401 Money Purchase Plan Adoption Agreement 5. Participant contributions for a Plan Year shall be contributed to the Trust in accordance with the following payment schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): VII. EARNINGS Earnings, as defined under Section 2.09 of the Plan, shall include: (a) Overtime (b) Bonuses 0 Yes 0 No 0 Yes 0 No (c) Other Pay (specifically describe any other types of pay to be included below) VIII. The Employer will permit rollover contributions in accordance with Section 4.11 of the Plan. 0 Yes 0 No IX. LIMITATION ON ALLOCATIONS If the Employer maintains or ever maintained another qualified plan in which any Participant in this Plan is (or was) a participant or could possibly become a participant, the Employer hereby agrees to limit contributions to all such plans as provided herein, if necessary in order to avoid excess contributions (as described in Sections 5.02 of the Plan). 1. If the Participant is covered under another qualified defined contribution plan maintained by the Employer, the provisions of Section 5.02(a) through (i) of the Plan will apply unless another method has been indicated below. 17 Other Method. (Provide the method under which the plans will limit total Annual Additions to the Maximum Permissible Amount, and will properly reduce any excess amounts, in a manner that precludes Employer discretion.) 2. The limitation year is the following 12 consecutive month period: Money Purchase Plan Adoption Agreement 4 X. VESTING PROVISIONS The Employer hereby specifies the following vesting schedule, subject to (1) the minimum vesting requirements and (2) the concurrence of the Plan Administrator. (For the blanks below, enter the applicable percent — from 0 to 100 (with no entry after the year in which 100% is entered), in ascending order.) Period of Service Percent Completed Vested Zero % One % Two 10 % Three 30 % Four so % Five too Six % Seven % Eight % Nine % Ten % XI. Loans are permitted under the Plan, as provided in Article XIII of the Plan: 0 Yes 6D No XII. [751] 1. In-service distributions are permitted under the Plan after a participant attains (select one of the below [646:8] options): 0 Normal Retirement Age 0 Age 70;6 0 Not permitted at any age 2. Tax-free distributions of up to $3,000 for the payment of qualifying insurance premiums for eligible retired public safety officers are available under the Plan. 0 Yes 0 No (Default) [646:3] XIII. In-service distributions of the Rollover Account are permitted under the Pian as provided in Section 9.07. 0 Yes 0 No (Default) [646:71 XIV. SPOUSAL PROTECTION The Plan will provide the following level of spousal protection (select one): A. 0 Participant Directed Election. The normal form of payment of benefits under the Plan is a lump sum. [646'6] The Participant can name any person(s) as the Beneficiary of the Plan, with no spousal consent required. B. Beneficiary Spousal Consent Election (Article XII). The normal form of payment of benefits under [646:6] the Plan is a lump sum. Upon death, the surviving spouse is the Beneficiary, unless he or she consents to the Participant's naming another Beneficiary. (This is the default provision under the Plan if no selection is made.) C. La QJSA Election (Article XVII). The normal form of payment of benefits under the Plan is a 50% qualified [612:8] joint and survivor annuity with the spouse (or life annuity, if single). In the event of the Participant's death prior to commencing payments, the spouse will receive an annuity for his or her lifetime. [646:6] 5 Money Purchase Plan Adoption Agreement XV. FINAL PAY CONTRIBUTIONS The Plan will provide for Final Pay Contributions if either 1 or 2 below is selected. Final Pay shall be defined as (select one), A. Accrued unpaid vacation B. Accrued unpaid sick leave C. Accrued unpaid vacation and sick leave D. Other (insert definition of final pay): _ that would otherwise be payable to the Employee in cash upon termination. 1. Employer Final Pay Contribution. The Employer shall contribute on behalf of each Participant of Final Pay to the Plan (subject to the limitations of Article V of the Plan). 2. 0 Employee Designated Final Pay Contribution. Each Employee eligible to participate in the Plan shall be given the opportunity at enrollment to irrevocably elect to contribute _% (insert fixed percentage of final pay to be contributed) or up to % (insert maximum percentage of final pay to be contributed) of Final Pay to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked. Ifthe employer elects to "pick up" these amounts, in no event does the Employee have the option of receiving the pick-up contribution amount directly. The Employer hereby elects to "pick up" the Employee Designated Final Pay Contribution thereby treating such contributions as Employer -made contributions for federal income tax purposes. 0 Yes 71 No [621 ] XVI. ACCRUED LEAVE CONTRIBUTIONS The Plan will provide for accrued unpaid leave contributions if either I or 2 is selected below. Accrued Leave shall be defined as (select one): A. Accrued unpaid vacation B. Accrued unpaid sick leave C. Accrued unpaid vacation and sick leave D. 0 Other (insert definition of final pay: that would otherwise be payable to the Employee in cash. 1. 0 Employer Accrued Leave Contribution. The Employer shall contribute as follows (choose one of the following options): For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant the unused Accrued Leave in excess of (insert number of hours/days/weeks) to the Plan (subject to the limitations of Article V of the Plan). 0 For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant % of unused Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). Money Purchase Pian Adoption Agreement 0 2. Employee Designated Accrued Leave Contribution. Each eligible Participant shall be given the opportunity at enrollment to irrevocably elect to contribute (insert fixed percentage of accrued unpaid leave to be contributed) or up to _% (insert maximum percentage of accrued unpaid leave to be contributed) of Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked. If the employer elects to "pick up" these amounts, in no event does the Employee have the option of receiving the pick-up contribution amount directly. The Employer hereby elects to "pick up" the Employee Designated Final Pay Contribution thereby treating such contributions as Employer -made contributions for federal income tax purposes. 0 Yes 0 No [621 ] In order to alloy for Final Pay Contributions and/or Accrued Leave Contributions, as defined in sections XV and XVI above, the Plan must also include additional sources of ongoing contributions, such as Fixed Employer Contributions or Mandatory Participant Contributions. In accordance with IRS Guidance, ICMA-RC will not process Final Pay Contribution or Accrued Leave Contribution Features as part of a "Stand Alone" Final Pay Plan. XVII. The Employer hereby attests that it is a unit of state or local government or an agency or instrumentality of one or more units of state or local government. XVIII. The Plan Administrator hereby agrees to inform the Employer of any amendments to the Plan made pursuant to Section 14.05 of the Plan or of the discontinuance or abandonment of the Plan. XIX. The Employer hereby appoints the ICMA Retirement Corporation as the Plan Administrator pursuant to the terms and conditions of the ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST. The Employer hereby agrees to the provisions of the Plan and Trust. XX. The Employer hereby acknowledges it understands that failure to properly fill out this Adoption Agreement may result in disqualification of the Plan. XXI. An adopting Employer may rely on an advisory letter issued by the Internal Revenue Service as evidence that the Plan is qualified under section 401 of the Internal Revenue Code to the extent provided in applicable IRS revenue procedures and other official guidance. In Witness Whereof, the Employer hereby causes this Agreement to be executed on this ___ day of 20 EMPLOYER ICMA RETIREMENT CORPORATION 777 North Capitol St., NE Washington, DC 20002-4240 202-962-8096 By: Print Name: Title: Attest: By: Print Name: Title: Money Purchase Plan Adoption Agreement ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT PLAN NUMBER 10- 106635 The Employer hereby establishes a Money Purchase Plan and Trust to be known as City of Milton, GA ____(the "Plan") in the form of the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust (MPP 01/01/06). This Plan is an amendment and restatement of an existing defined contribution money purchase plan. 71 Yes 0 No If yes, please specify the name of the defined contribution money purchase plan which this Plan hereby amends and restates: City of Milton, GA I. Employer: city of Milton, GA IL IV. V. The Effective Date of the Plan shall be the first day of the Plan Year during which the Employer adopts the Plan, unless an alternate Effective Date is hereby specified: 04/0110 (e.g., January 1, 2006 for the MPP 01/01/06 Plan) Plan Year will mean: The twelve (12) consecutive month period which coincides with the limitation year. (See Section 5.03(f) of the Plan.) 0 The twelve (12) consecutive month period commencing on 04101 Normal Retirement Age shall be age 65 ELIGIBILITY REQUIREMENTS: (not to exceed age 65). and each anniversary thereof. i. The following group or groups of Employees are eligible to participate in the Plan: _ All Employees _ All Full Time Employees Salaried Employees Non union Employees _ Management Employees _ Public Safety Employees _ General Employees X __ Other Employees (specify describe the group(s) of eligible employees below) City Manager and exclude employees hired or rehired on or after 711114 [902] [288] The group specified must correspond to a group of the same designation that is defined in the statutes, ordinances, rules, regulations, personnel manuals or other material in effect in the state or locality of the Employer. Also, the eligibility requirements for participation in the Plan cannot be such that Employees become Participants only in the Plan Year in which the Employees terminate employment (i.e., stand-alone final pay plans), Money Purchase Plan Adoption Agreement 2. The Employer hereby waives or reduces the requirement of a twelve (12) month Period of Service for participation. The required Period of Service shall be (write N/A if an Employee is eligible to participate upon employment) N/A If this waiver or reduction is elected, it shall apply to all Employees within the Covered Employment Classification. 3• A minimum age requirement is hereby specified for eligibility to participate. The minimum age requirement is is _ (not to exceed age 21. Write N/A if no minimum age is declared.) VI. CONTRIBUTION PROVISIONS 1. The Employer shall contribute as follows: (Choose all that apply, but at least one of Options A, B or C. If Option A is not selected, Employer must pick up Participant Contributions under Option B or Option C.) Fixed Employer Contributions With or Without Mandatory Participant Contributions. (If Option B or C is chosen, please complete section D.) A. Employer Contributions. The Employer shall contribute on behalf of each Participant % of Earnings or $ for the Plan Year (subject to the limitations of Article V of the Plan). Mandatory Participant Contributions 0 are required 0 are not required to be eligible for this Employer Contribution. j� B. Mandatory Participant Contributions for Plan Participation. A Participant is required to contribute (subject to the limitations of Article V of the Plan) (i) % of Earnings, (ii) $_ , or (iii) a whole percentage of Earnings between the range of _ (insert range of percentages between 0% and 20% (e.g., 3%, 6%b, or 20%; 596 to 7%)), as designated by the Employee in accordance with guidelines and procedures established by the Employer for the Plan Year as a condition of participation in the Plan. A Participant shall not have the right to discontinue or vary the rate of such contributions after becoming a Plan Participant. The Employer hereby elects to "pick up" the Mandatory Participant Contributions '(pick up is required if neither Option A nor Option C is selected). 0 Yes 0 No 0 C. Mandatory Participant Contributions for this Portion of the Plan. Each Employee eligible to participate in the Plan shall be given the opportunity to irrevocably elect to participate in the Mandatory Participant Contribution portion of the Plan by electing to contribute _(insert range of percentages between 0% and 20% (e.g., 3916, 6%, or 20%; 5% to 7%b)) of the Employee's Earnings to the Plan for each Plan Year (subject to the limitations of Article V of the Plan). [6211 ` Neither an IRS advisory letter nor a determination letter issued to an adopting Employer is a ruling by the Internal Revenue Service that Participant contributions that are picked up by the Employer are not includable in the Participant's gross income for federal income tax purposes. Pick-up contributions are not mandated to receive private letter rulings however, if an adopting employer wishes to receive a ruling an pick-up contributions they may request one in accordance with Revenue Procedure 2011-4 (or subsequent guidance). Money Purchase Plan Adoption Agreement A Participant shall not have the right to discontinue or vary the rate of such contributions after becoming a Participant in this portion of the Plan. The Employer hereby elects to "pick up" the Mandatory Participant Contributions.I ❑ Yes ❑ No D. Election Window. Newly eligible Employees shall be provided an election window of days (no more than 60 calendar days) from the date of initial eligibility during which they may make the election to participate in the Mandatory Participant Contribution portion of the Plan. Participation in the Mandatory Participant Contribution portion of the Plan shall begin the first of the month following the end of the election window. An Employee's election is irrevocable and shall remain in force until the Employee terminates employment or ceases to be eligible to participate in the Plan. In the event of re-employment to an eligible position, the Employee's original election will resume. In no event does the Employee have the option of receiving the pick-up contribution amount directly. ❑ Fixed Employer Match of Voluntary Participant Contributions. The Employer shall contribute on behalf of each Participant' % of Earnings for the Plan Year (subject to the limitations of Article V of the Plan) for each Plan Year that such Participant has contributed % of Earnings or $ Under this option, there is a single, fixed rate of Employer contributions, but a Participant may decline to make the required Participant contributions in any Plan Year, in which case no Employer contribution will be made on the Participant's behalf in that Plan Year, Q Variable Employer Match of Voluntary Participant Contributions. The Employer shall contribute on behalf of each Participant an amount determined as follows (subject to the limitations of Article V of the Plan):, If an employee contributes 1.0 % of his or her wages to the 457 Deferred Compensation Plan, the Town will contribute an additional 1/2 % with a maximum of 1.0 % of the employees base wages. ; Employer Matching Contributions on behalf of a Participant for a Plan Year shall not exceed 1.0 I % of Earnings, whichever is more or ;less. 3. Each Participant may make a voluntary (unmatched), after-tax contribution, subject to the limitations of Section 4.05 and Article V of the Plan. ❑ Yes Q No 4. Employer contributions for a Plan Year shall be contributed to the Trust in accordance with the following payment schedule (no later than the 15`h day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): Bi -weekly 2 See footnote 1 above. 401 Money Purchase Plan Adoption Agreement 5. Participant contributions for a Plan Year shall be contributed to the Trust in accordance with the following payment schedule (no later than the 15th day of the tenth calendar month following the end of the calendar year or fiscal year (as applicable depending on the basis on which the Employer keeps its books) with or within which the particular Limitation year ends, or in accordance with applicable law): VII. EARNINGS Earnings, as defined under Section 2.09 of the Plan, shall include: (a) Overtime (b) Bonuses 0 Yes [0 No 0 Yes 0 No (c) Other Pay (specifically describe any other types of pay to be included below) VIII. The Employer will permit rollover contributions in accordance with Section 4.11 of the Plan. 0 Yes 0 No IX. LIMITATION ON ALLOCATIONS If the Employer maintains or ever maintained another qualified plan in which any Participant in this Plan is (or was) a participant or could possibly become a participant, the Employer hereby agrees to limit contributions to all such plans as provided herein, if necessary in order to avoid excess contributions (as described in Sections 5.02 of the Plan). 1. If the Participant is covered under another qualified defined contribution plan maintained by the Employer, the provisions of Section 5.02(a) through (f) of the Plan will apply unless another method has been indicated below. 0 Other Method. (Provide the method under which the plans will limit total Annual Additions to the Maximum Permissible Amount, and will properly reduce any excess amounts, in a manner that precludes Employer discretion.) 2. The limitation year is the following 12 consecutive month period: Money Purchase Plan Adoption Agreement X. VESTING PROVISIONS The Employer hereby specifies the following vesting schedule, subject to (1) the minimum vesting requirements and (2) the concurrence of the Plan Administrator. (For the blanks below, enter the applicable percent — from 0 to 100 (with no entry after the year in which 100% is entered), in ascending order.) Period of Service Percent Completed Vested Zero 100 One % Two % Three % Four Five % Six % Seven % Eight Nine % Ten % XI. Loans are permitted under the Plan, as provided in Article XIII of the Plan: 0 Yes 71 No XII. [751 ] 1. In-service distributions are permitted under the Plan after a participant attains (select one of the below [646:8] options): 0 Normal Retirement Age 0 Age 70'rz 0 Not permitted at any age 2. Tax-free distributions of up to $3,000 for the payment of qualifying insurance premiums for eligible retired public safety officers are available under the Plan. 0 Yes 0 No (Default) [646:3] XIII. In-service distributions of the Rollover Account are permitted under the Plan as provided in Section 9.07. 0 Yes 0 No (Default) [646:7] XIV. SPOUSAL PROTECTION The Plan will provide the following level of spousal protection (select one): A. 0 Participant Directed Election. The normal form of payment of benefits under the Plan is a lump sum. [646:6] The Participant can name any person(s) as the Beneficiary of the Plan, with no spousal consent required. B. 171 Beneficiary Spousal Consent Election (Article XII). The normal form of payment of benefits under [646:6] the Plan is a lump sum. Upon death, the surviving spouse is the Beneficiary, unless he or she consents to the Participant's naming another Beneficiary. (This is the default provision under the Plan if no selection is made.) C. 0 QJSA Election (Article XVII). The normal form of payment of benefits under the Plan is a 50% qualified [642:$] joint and survivor annuity with the spouse (or Iife annuity, if single). In the event of the Participant's death prior to commencing payments, the spouse will receive an annuity for his or her lifetime. [646:6] 5 Money Purchase Plan Adoption Agreement XV. FINAL PAY CONTRIBUTIONS The Plan will provide for Final Pay Contributions if either 1 or 2 below is selected. Final Pay shall be defined as (select one): A. Accrued unpaid vacation B. Accrued unpaid sick leave C. Accrued unpaid vacation and sick leave D. Other (insert definition of final pay): _ that would otherwise be payable to the Employee in cash upon termination. 1. Employer Final Pay Contribution. The Employer shall contribute on behalf of each Participant % of Final Pay to the Plan (subject to the limitations of Article V of the Plan). 2. 0 Employee Designated Final Pay Contribution. Each Employee eligible to participate in the Plan shall be given the opportunity at enrollment to irrevocably elect to contribute __% (insert fixed percentage of final pay to be contributed) or up to % (insert maximum percentage of final pay to be contributed) of Final Pay to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked. If the employer elects to "pick up" these amounts, in no event does the Employee have the option of receiving the pick-up contribution amount directly. The Employer hereby elects to "pick up" the Employee Designated Final Pay Contribution thereby treating such contributions as Employer -made contributions for federal income tax purposes. 0 Yes 0 No [621 XVI. ACCRUED LEAVE CONTRIBUTIONS The Plan will provide for accrued unpaid leave contributions if either 1 or 2 is selected below. Accrued Leave shall be defined as (select one): A. Accrued unpaid vacation B. Accrued unpaid sick leave C. Accrued unpaid vacation and sick leave D. 0 Other (insert definition of final pay: that would otherwise be payable to the Employee in cash. 1. 0 Employer Accrued Leave Contribution. The Employer shall contribute as follows (choose one of the following options): 0 For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant the unused Accrued Leave in excess of (insert number of hours/days/weeks) to the Plan (subject to the limitations of Article V of the Plan). 0 For each Plan Year, the Employer shall contribute on behalf of each Eligible Participant % of unused Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). Money Purchase Plan Adoption Agreement 6 0 2. Employee Designated Accrued Leave Contribution. Each eligible Participant shall be given the opportunity at enrollment to irrevocably elect to contribute % (insert fixed percentage of accrued unpaid leave to be contributed) or up to _ _% (insert maximum percentage of accrued unpaid leave to be contributed) of Accrued Leave to the Plan (subject to the limitations of Article V of the Plan). Once elected, an Employee's election shall remain in force and may not be revised or revoked. If the employer elects to "pick up" these amounts, in no event does the Employee have the option of receiving the pick-up contribution amount directly. The Employer hereby elects to "pick up" the Employee Designated Final Pay Contribution thereby treating such contributions as Employer -made contributions for federal income tax purposes. 0 Yes 0 No [6211 In order to allow for Final Pay Contributions and/or Accrued Leave Contributions, as defined in sections XV and XVI above, the Plan must also include additional sources of ongoing contributions, such as Fixed Employer Contributions or Mandatory Participant Contributions. In accordance with IRS Guidance, ICMA-RC will not process Final Pay Contribution or Accrued Leave Contribution Features as part of a "Stand Alone" Final Pay Plan. XVII. The Employer hereby attests that it is a unit of state or local government or an agency or instrumentality of one or more units of state or local government. XVIII. The Plan Administrator hereby agrees to inform the Employer of any amendments to the Plan made pursuant to Section 14.05 of the Plan or of the discontinuance or abandonment of the Plan. XIX. The Employer hereby appoints the ICMA Retirement Corporation as the Plan Administrator pursuant to the terms and conditions of the ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST. The Employer hereby agrees to the provisions of the Plan and Trust. XX. The Employer hereby acknowledges it understands that failure to properly fill out this Adoption Agreement may result in disqualification of the Plan. XXI. An adopting Employer may rely on an advisory letter issued by the Internal Revenue Service as evidence that the Plan is qualified under section 401 of the Internal Revenue Code to the extent provided in applicable IRS revenue procedures and other official guidance. In Witness Whereof, the Employer hereby causes this Agreement to be executed on this ___ day of 20 EMPLOYER ICMA RETIREMENT CORPORATION 777 North Capitol St., NE Washington, DC 20002-4240 202-962-8096 By: Print Name: Title: Attest: By: Print Name: Title: Money Purchase Plan Adoption Agreement 0 HOME OF ' P S TA M. I -SHED 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 4, 2014 FROM: City Manager AGENDA ITEM: Consideration of a Resolution to Approve the FY2015-2017 Cooperation Agreement Between the City of Milton, Georgia and Fulton County, Georgia to Continue its Participation in the County's Community Development Block Grant (CDBG), HOME Investment Partnerships Program, and the Emergency Solutions Grant (ESG) Program for the years 2015, 2016 and 2017. MEETING DATE: Monday, June 16, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: 'YES O NO CITY ATTORNEY REVIEW REQUIRED: (j YES () NO APPROVAL BY CITY ATTORNEY (� APPROVED O NOT APPROVED PLACED ON AGENDA FOR: 0�1 REMARKS © Your _ PHONE: 678.242.25001 FAX: 678.242.2499 Greeln ,*Cmified i op lUU CommunityE�h;�S info@cityofmiltonga.us j www.cityofmiltonga.us 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 0 To: Honorable Mayor and City Council Members From: Michele McIntosh-Ross, Principal Planner Date: Submitted on June 11, 2014 for the June 16, 2014 Regular Council Meeting Agenda Item: Consideration of a Resolution to Approve the FY2015-2017 Cooperation Agreement Between the City of Milton, Georgia and Fulton County, Georgia to Continue its Participation in the County’s Community Development Block Grant (CDBG), HOME Investment Partnerships Program, and the Emergency Solutions Grant (ESG) Program for the years 2015, 2016 and 2017 ____________________________________________________________________________ Department Recommendation: To approve the resolution that approves the Cooperation Agreement between Fulton County, Georgia and the City of Milton, Georgia to allow Milton to continue its participation in the County’s CDBG, HOME and ESG programs for the years 2015, 2016 and 2017. Executive Summary: The Department of Housing and Urban Development (HUD) requires that Fulton County undergo an Urban County Requalification Process to maintain its status as an Urban County entitlement recipient of Community Development Block Grant (CDBG) funds. As part of these requirements, municipalities seeking to participate in the Fulton County CDBG program must submit an approved Resolution and an executed Cooperation Agreement to Fulton County by June 30, 2014. It is Milton’s intent to use its allocation of CDBG funds to construct sidewalks that would improve the accessibility of Milton to people of all abilities. Funding and Fiscal Impact: None Alternatives: N/A Page 2 of 2 Legal Review: Ken Jarrard – Jarrard & Davis (June 12, 2014) Concurrent Review: Stacey Inglis, Assistant City Manager Attachment(s): Cooperation Agreement Resolution f ---, M HOUSING AND HUMAN SERVICES DEPARTMENT FULTON COUNTY June 4, 2014 Mr. Christopher J. Lagerbloom City Manager City of Milton 13000 Deerfield Parkway, Suite 107 Milton, GA 30004 Dear Mr. Lagerbloom: c�y:,kruNTY Enclosed for approval is the FY2015-2017 Cooperation Agreement between the City of Milton and Fulton County to continue its participation in the U.S. Department of Housing and Urban Development's (HUD) Community Development Block Grant (CDBG) Program. Included in the Cooperation Agreement is a Resolution that must be approved and adopted by the Mayor and City Council prior to execution of the Cooperation Agreement with Fulton County. After approval, please forward the Cooperation Agreement with the Resolution by June 30, 2014 to: Linda Callaway, Community Development Manager Fulton County Housing and Community Development 137 Peachtree Street, Suite 300 Atlanta, Georgia 30303 Fulton County will submit the executed Cooperation Agreement to HUD for final review and approval of the re -qualifying status under the Urban County Qualification Process. Please tail Michael Rowicki at (404) 612-7187 or Linda Callaway at (404) 613-8087, if you have any questions or need additional information. Thank you for your attention to this matter. Cc r Michael Rowicki, Deputy Director, Fulton County Housing and Community Development Linda Callaway, Community Development Manager Michelle McIntosh -Ross, City of Milton 137 PEACHTREE STREET, S.W. * ATLANTA, GEORGIA 30303 OFFICE (404) 613-7944 * WEB: WWW.FULTONHUMAN5ERVICES.ORG GEORIGA RELAY NUMBER: 71 1 No Text I FULTON COUNTY 2 COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAMS 3 COOPERATION AGREEMENT [AUTHORITY: CPD NOTICE -14-07 44125120141 4 (2015-2017) 5 6 STATE OF GEORGIA 7 COUNTY OF FULTON 8 9 This Cooperation Agreement, made this day of 2414, by Fulton 10 County, a political subdivision of the State of Georgia (hereinafter referred to as "the County"), 11 acting by and through its duly elected Board of Commissioners, and the City of Milton, Georgia, 12 a political subdivision of the State of Georgia (hereinafter referred to as "the City"). 13 14 WITNESSETH THAT: 15 WHEREAS, it has been determined by the U.S. Department of Housing and Urban 16 Development (hereinafter referred to as HUD) that Fulton County, Georgia possesses the powers 17 necessary to undertake essential community development and housing assistance activities in the 18 unincorporated areas of the County and incorporated municipalities through its Cooperation 19 Agreement with the City; and 20 21 WHEREAS, HUD has determined that the County is eligible, as an "Urban County", to 22 receive Entitlement Community Development Block Grant (CDBG) funds under Title 1 of the 23 Housing and Community Development Act of 1974, as amended the HOME Investment 24 Partnerships Program funds, and the Emergency Solutions Grant (ESG), and 25 26 WHEREAS, these funds [and any program income derived from these expenditures of 27 CDBG, HOME and ESG funds] will be used to address certain needs of predominantly low and 28 moderate income persons to be made available for Federal Fiscal Years 2015, 2016, and 2017, 2,9 and annually thereafter unless otherwise terminated in writing by the County or the City; and 30 31 1 P:1HCD-Public1HCD-CDBG1CommDevlCooperation Agreement12015-20171Agreements by CitieslMilton 2015- 2017.doc 1 WHEREAS, the County and the City agree, herein, to execute this Cooperation 2 Agreement with the understanding that this decision is binding for a period of three -years and 3 will automatically be renewed for participation in successive three-year qualification periods 4 unless otherwise terminated in writing by either party upon the expenditure of Community 5 Development Block Grant and HOME Investment Partnerships Program funds granted by the 6 County to the City; and 7 8 WHEREAS, neither party shall terminate or withdraw from this agreement after the date 9 specified in HUD's urban county qualification notice for the next qualification period, the 10 County will notify the City in writing of its right to terminate or withdraw from this agreement; 11 and 12 13 WHEREAS, and the County and the City agree to adopt any amendment to the 14 agreement incorporating changes necessary to meet the requirements for cooperation agreements 15 set forth in an Urban County Qualification Notice applicable for a subsequent three-year urban 16 county qualification period and annually thereafter, and to submit such amendment to HUD as 17 provided in the urban county qualification notice, unless changes in the Agreement required by 18 HUD would necessitate the execution of a new Agreement, and/or unless the participating 19 municipality elects to be excluded from the Agreement at the beginning of each three year cycle 20 and [as further described in this Agreement], beginning with FY 2015; and that such failure to 21 comply will void the automatic renewal for such qualification period. 22 23 WHEREAS, in order for the County to undertake such activities in the incorporated 24 jurisdictions in the County, the consent of the governing body of the local jurisdiction must be 25 secured and a Cooperation Agreement executed between the County and the local jurisdiction; 26 and 27 28 WHEREAS, it is necessary that the County enters into a three (3) year Cooperation 29 Agreement with each local jurisdiction in the County (except for the Cities of Atlanta, Johns 30 Creek, Roswell, and Sandy Springs) for participation in the Community Development Block 2 P:IHCD-PubliclHCD-CDBG1CommDevlCooperation Agreement12015-20171Agreements by CitieslMilton 2015- 2017.doc 1 Grant (CDBG) program, HOME Investment Partnerships Program; and the Emergency Solutions 2 Grant (ESG). 3 4 WHEREAS, the City elects to participate in the County's CDBG, HOME and ESG 5 programs the County and the City agree to cooperate to undertake, or assist in undertaking, 6 community development and housing activities in accordance with this Agreement and 7 applicable rules and regulations under the CDBG, HOME and ESG programs, and further agrees 8 to not apply for grants under the Small Cities or State CDBG Programs and to not form a 9 consortium with other local governments from appropriations for fiscal years during the period la in which it is participating in the urban county's CDBG, HOME and ESG programs. 11 12 NOW THEREFORE, in consideration of the mutual covenants contained herein, the 13 parties hereby agree as follows: 14 1. That the County has the authority to carry out activities, which will be funded 15 annually from the annual appropriations of Federal Community Development 16 Block Grants and from any program income, generated from the expenditures of 17 such funds. 18 2. Pursuant to 24 CFR Part 570.501(b) the City is subject to the same requirements 19 applicable to subrecipients, including the requirement of a written agreement set 20 forth in 24 CFR 574.503. 21 3. That the City hereby elects to participate in the County's CDBG, HOME and ESG 22 Programs with the understanding that this decision is binding for a period of three 23 (3) years and annually thereafter and remains in effect until all funded activities 24 are completed and all program income received (with respect to activities carried 25 out during the three-year qualification period, and any successive qualification 26 periods) are expended, and that the County and the City cannot terminate or 27 withdraw from the Cooperation Agreement while it remains in effect. 28 4. That the aggregate use of the CDBG, HOME and ESG funds received by the City 29 annually, shall principally benefit persons of low- and moderate- income in a 30 manner that ensures that not less than seventy (70%) of such funds are used for 3 P:1HCD-PubliclHCD-CDBG\CommDev\Cooperation Agreement12015-20MAgreements by Cities\Milton 2015- 2017.doc I activities that benefit such persons during such period. Further, as part of each 2 annual proposal submitted by the City to the County for the use of the CDBG, 3 HOME and ESG funds for that year, the City shall indicate how and when the 4 City proposes to achieve this 70% objective. 5 5. That the aggregate use of funds for the benefit of low- and moderate -income 6 persons shall also apply to the County in its use of CDBG, HOME and ESG funds 7 for unincorporated Fulton County. 8 6. That the County and the City agree to cooperate to undertake, or assist in 9 undertaking community renewal, and lower income housing assistance activities. 10 7. That the County and the City have adopted and are enforcing: 11 (1) A policy prohibiting the use of excessive force by law enforcement 12 agencies within its jurisdiction against any individuals engaged in non - 13 violent civil rights demonstrations; and 14 (2) A policy of enforcing applicable State and local laws against physically 15 barring entrance to or exit from a facility or location which is the subject 16 of such non-violent civil rights demonstrations within its jurisdiction. 17 8. That the grant will be conducted and administered in conformity with the Civil 18 Rights Act of 1964 and the Fair Housing Act, and the City will affirmatively 19 further fair housing. 20 9. That City may not sell, trade, or otherwise transfer all or any portion of such 21 funds to a metropolitan city, urban county, unit of general local government, or 22 Indian tribe, or insular area that directly or indirectly receives CDBG funds in 23 exchange for any other funds, credits or non -Federal considerations, but must use 24 such funds for activities eligible under Title I of the Housing and Community 25 Development Act of 1974, as amended. 26 27 BE IT FURTHER AGREED, as follows: 28 29 §570.602 SECTION 109 OF THE HOUSING & COMMUNITY DEVELOPMENT ACT OF 30 1974 (AS AMENDED: 42 U.S.C. 5301) 4 P:1HCD-PubliclHCD-CDSG1CommDevICooperation Agreement12015-20 MAgreements by CitieslMilton 2015- 2017.doc 1 That the County and the City shall take all actions necessary to assure compliance with 2 SECTION 104(b) of THE HOUSING & COMMUNITY DEVELOPMENT ACT OF 3 1974 (AS AMENDED: 42 U.S.C. 5301), as well as Title VI of the CIVIL RIGHTS ACT 4 of 1964, the FAIR HOUSING ACT, SECTION 109 OF TITLE I of the HOUSING AND 5 COMMUNITY DEVELOPMENT ACT OF 1974, and other applicable laws. The 6 County shall prohibit funding to the City for activities, if the City does not affirmatively 7 further fair housing within the City's jurisdiction or if the City impedes the County's 8 actions to comply with the County's fair housing certification. The City and the County 9 provide that no persons in the United States shall, on the ground of race, color, religion, 10 sex, or national origin, be excluded from participation in, be denied the benefit of, or be 11 subjected to discrimination under this Agreement. 12 13 §570.603 LABOR STANDARDS 14 That the County and the City shall take all actions necessary to assure compliance with 15 the Labor Standards set forth in Section 110 of the Act, as well as those standards 16 imposed by or pursuant to the Davis -Bacon and Contract Work Hours and Safety 17 Standards Acts. 18 19 §570.604 ENVIRONMENTAL STANDARDS 20 That the County shall take all actions necessary to assure compliance with the National 21 Environmental Policy Act of 1969 and other provisions of law, which further the purpose 22 of such Act. 23 24 §570.605 NATIONAL FLOOD INSURANCE PROGRAM 2S That the County and the City shall take all actions necessary to assure compliance with 26 Section 202(a) of the Flood Disaster Protection Act of 1973. 27 28 §570.606 RELOCATION, DISPLACEMENT, AND ACQUISITION 29 That the County and the City shall take all actions necessary to assure compliance with 30 the Uniform Relocation Assistance (URA) and Real Property Acquisition Policies Act of 5 P:IHCD-PubliclHCD-CDBG1CommDev\Cooperation Agreement12015-20MAgreements by CitiesWilton 2015- 2017.doc 1 1970, and other provisions of law, which further the purpose of such Act. 2 3 §507.607 EMPLOYMENT AND CONTRACTING OPPORTUNITIES 4 That, during its performance under this Agreement, the City shall take all actions 5 necessary to assure compliance with Executive Order 11246, which provides that no 6 person shall be discriminated against on the basis of race, color, religion, sex, or national 7 origin in all phases of employment during the performance of Federal or federally 8 assisted construction contracts. 0 10 §570.608 LEAD-BASED PAINT 11 That, during its performance under this Agreement, the City shall take all necessary 12 actions to assure compliance with Section 401(b) of the Lead -Based Paint Poisoning 13 Prevention Act. 14 15 §570.609 DEBARRED, SUSPENDED, OR INELIGIBLE CONTRACTORS OR 16 SUBCONTRACTORS 17 That, during its performance under this Agreement, the City shall take all actions 18 necessary to assure that under this part, the City will not employ, award contracts to, or 19 otherwise engage the services of, or fund any contractor or subcontractor during any 20 period of debarment, suspension, or placement in ineligibility status under the provisions 21 of 24 CFR Part 5. 22 23 §570.610 UNIFORM ADMINISTRATIVE REQUIREMENTS 24 That, during its performance under this Agreement, the City shall comply with the 25 requirements and standards of the Office of Management and Budget (OMS) Circular A- 26 87, "Cost Principles for State, Local and Indian Tribal Governments," Circular A-128, 27 "Audits of State and Local Governments", and applicable sections of 24 CFR part 85 28 "Uniform Administrative Requirements for Grants and Cooperation Agreements to State 29 and Local Governments" and related provisions specified under 24 CFR 570.502 (a). 30 31 §570.611 CONFLICT OF INTEREST 6 P:1HCD-Public\HCD-CDBG1CommDev\Cooperation Agreement12015-20MAgreements by CitieslMilton 2015- 2017_doc I That, during its performance under this Agreement, the City shall take all necessary 2 actions to comply with the conflict of interest provisions in 24 CFR 85.36 and DMB 3 Circular A-110. 4 5 §570.612 EXECUTIVE ORDER 12372 6 That, during its performance under this Agreement, the County, and the City shall take all 7 necessary actions to comply with Intergovernmental Review of Federal Programs. 8 9 §570.613 ELIGIBILITY FOR CERTAIN RESIDENT ALIENS 10 That, during its performance under this Agreement, the City shall take all necessary 11 actions to comply with restrictions applicable to legalized aliens as described in 24 CFR 12 part 49. 13 14 HB 87 ILLEGAL IMMIGRATION REFORM 15 Among other measures, the Illegal Immigration and Reform Enforcement Act of 2011: 16 - Requires subcontractors and sub -subcontractors to submit their E -Verify affidavits to 17 the contractors working on public projects. The contractor then must forward affidavits 18 to the local government within five (5) days of receipt. 19 20 - Requires local governments to submit E -Verify compliance reports to the state auditor 21 annually by December 31. If the auditor finds a violation in this reporting, the county or 22 city has 30 days to demonstrate compliance or will lose their qualified local government 23 status. Local governments in disagreement may seek relief through the Office of State 24 Administrative hearings. Counties will not be held responsible for the failure of 25 Constitutional Officers failing to abide by this requirement. 26 27 - Creates an offense of aggravated identify fraud for those knowingly using fake 28 identification to obtain employment with the punishment being from 1-15 years in prison 29 and a fine of up to 5250,000. 30 7 P:1HCD-PubliclHCD-CDBG\CommDevlCooperation Agreement12015-20 Agreements by Cities\milton 2015- 2017.doc 1 - Authorizes law enforcement officers to verify, through one of several listed documents 2 or immigration verification programs, the immigration status of those they have probable 3 cause to suspect of committing a criminal offense. I£ the person is found to be an illegal 4 immigrant, the officer may take any action authorized by state or federal law, and has 5 immunity from damages or liability in the process. 6 7 - Allows, local law enforcement agencies to arrest any person for a violation of federal 8 immigration law when authorized by federal law. 9 10 - Requires private businesses with more than 10 employees to sign an affidavit and attest 11 they are registered to use E -Verify in order to obtain or renew a local business license, 12 occupation tax certificate or other document required to operate a business. Counties and 13 cities must file a report annually, to the Department of Audits, which identifies each 14 license or certificate they issued during the year - to include the name of the person and 15 business and their E -Verify number. Any person, including county employees, who 16 knowingly violate this reporting requirement, shall be guilty of a misdemeanor. 17 is — Requires any applicant who applies for a public benefit (or who must provide 19 identification for any official purpose) to provide secure and verifiable documents to the 20 county to prove their legal status. Local government employees in willful violation are 21 guilty of a misdemeanor. Each year the Attorney General will provide a list of "secure 22 and verifiable" documents. 23 24 - Creates the Immigration Enforcement Review Board, attached to the Department of 25 Audits, which will take complaints, investigate and enforce the provisions of this Act. 26 27 §570.902 TIMELY CDBG PROGRAM EXPENDITURES 28 That the County shall take all actions necessary to assure compliance with timely 29 program expenditures to keep the County's CDBG entitlement balance below the 1.5 30 ratio. 8 P.1HCD-PubliclHCD-CDBG1CommDevICooperation Agreement12015-20 t7\Agreements by CitieslMilton 20 i 5- 2017.doc 1 §91.505 AMENDMENTS TO THE CONSOLIDATED PLAN 2 That the County and the City will take all necessary actions to assure compliance with all 3 requirements of 24 CFR part 91.105 Citizen Participation Plan; Local Governments. The 4 County's criteria, which is used to determine a substantial amendment in accordance with 5 the County's citizen participation plan, is any change in the project funding amount that 6 either increases or decreases the project funding amount by sixty percent (60%) or more. 7 8 BE IT FURTHER AGREED, as follows: 9 I. ALLOCATION OF FUNDS 10 The annual CDBG and Home programs for the County will be developed based on the 11 amount of CDBG and HOME funds awarded to the County by HUD. A maximum of 12 forty- five percent (45%) or a minimum of twenty-five (25%) may be allocated to the 13 participating jurisdictions and the balance to the County for unincorporated Fulton 14 County, based on the percentage of low to moderate income levels, using the most 15 current U.S. census data or other mutually accepted data. The allocation of the annual 6 HOME funds will be allocated for Housing Development (Rehabilitation, Acquisition, 17 Construction, and Rental Assistance). 1 s II. PROGRAM INCOME REQUIREMENTS 19 a) That, the City must inform. the County of any income generated by the City by the 20 expenditure of CDBG and HOME funds, by providing the County information on 21 the amount of the program income, how it was generated, and the City's proposed 22 use of the income; and 23 b) That, any such program income generated by the City may be retained by the City 24 subject to requirements set forth in this Agreement, provided however, that the 25 City uses the income for an approved activity or an activity that has been created 9 P:1HCD-PubliclHCD-CDBG\CommDevlCooperation Agreement12015-20171Agreements by CitieslMilton 2015- 2017.doc 1 by program amendment; and 2 c) That, any program income retained by the City may only be used for eligible 3 activities in accordance with all applicable CDBG and HOME requirements as 4 may apply; and 5 d) That, the County has the responsibility for monitoring and reporting to HUD on 6 the use of any such program income, and as such, the City must maintain 7 appropriate records for reporting purposes and provide said reports to the County 8 at the County's request; and 9 e) That, in the event of close-out or change in status of the City's participation in the 10 CDBG and HOME programs, any program income that is on hand or received 11 subsequent to the close-out or change in status shall be paid to the County. 12 III. REAL PROPERTY ACQUISITION OR IMPROVEMENTS 13 a) That, the City shall, in a timely fashion, notify the County of any modification or 14 change in the use of real property from that planned at the time of acquisition or 15 improvement including disposition; and 15 b) That, the City shall reimburse the County in an amount equal to the current fair 17 market value (less any portion thereof attributable to expenditures of :nor.-CDBG 18 and HOME funds) of property acquired or improved with CDBG and HOME 19 funds that is sold or transferred for a use which does not qualify under the CDBG 20 and HOME regulations; and 21 c} That, the City shall transfer to the County any program income generated from the 22 disposition or transfer of property prior to or subsequent to the close-out, change 10 P:1HCD-PubliclHCD-CDBG1CommDevlCooperation Agreement12015-20 Agreements by CitieslMilton 2015- 2017.doe I of status or termination of this Cooperation Agreement. 2 IV. ADMINISTRATIVE RESPONSIBILITIES 3 A) RESPONSIBILITIES OF THE COUNTY: 4 1. The County shall be responsible for the preparation and submission of the annual 5 CDBG Consolidated Plan to HUD. 6 2. The County shall have final responsibility for the selection of projects and 7 activities that become part of the annual Consolidated Plan; provided, however, 6 that the County shall not include in its Consolidated Plan any community 9 development or housing activity within the City which is not mutually acceptable 10 to both the City and the County, except in instances involving private property, 11 provided however, that the activity is consistent with the City's existing plans and 12 ordinances. 13 3. The County shall request proposals from the City regarding the City's proposed 14 use of the CDBG, HOME and ESG funds as part of each annual preparation and 15 submission of the Consolidated Plan. 16 4. The County shall provide the City a copy of each annual Consolidated Plan 17 submitted to HUD. 18 5. The County shall be responsible for fulfilling the requirements of Executive Order 19 12372 Intergovernmental Review Procedures as part of the preparation and 20 submission of the Consolidated Plan. 21 6. The County shall be responsible for fulfilling the CDBG, HOME and ESG citizen 22 participation requirements as part of the annual preparation and submission of the 11 P:1HCD-PubliclHCD-CDBG1CormnDevlCooperation Agreement12015-20MAgreements by CitieslMilton 2015- 2017.doc 1 CDBG Consolidated Plan, to include the requirement that at least one public 2 hearing be conducted prior to submission of the Consolidated Plan to HUD, and 3 the publishing of the Consolidated Plan. 4 7. The County shall be responsible for amending the Consolidated Plan and 5 transmitting such amendment to HUD. 6 8. The County shall be responsible for conducting on-site monitoring visits and 7 performance reviews of the City's use of the CDBG and HOME funds. This S monitoring and review shall include the City's management systems and 9 procedures as they relate to the administration of CDBG and HOME assisted 10 projects and activities. 11. 9. The County shall be responsible for environmental review and clearance for all 12 CDBG, HOME and ESG assisted activities. 13 10. The County shall be responsible for generating a Wage Determination for all 14 CDBG and HOME assisted construction projects. The County shall ensure that 15 the City receives a copy of the Wage Determination. 16 11. The County shall receive a copy of all CDBG and HOME assisted contracts and 17 agreements proposed by the City prior to the City's award of such contracts or is agreements. 19 12. The County shall provide technical assistance to the City in the form of oral 20 and/or written guidance and on-site visits regarding CDBG and HOME program 21 requirements and procedures. This technical assistance may include preparation 22 of contract documents for the City, and contracting for the City, and management 12 P:\HCD-PubliclHCD-CDBG\ConunDev\Cooperation Agreement12015-20171Agreements by CitieslMilton 2015- 2017.doe I of the City's projects and activities, or other administrative requirements as 2 provided herein, provided however, that the City shall request in writing this 3 particular assistance from the County, and that any costs resulting from this 4 assistance be chargeable to the City's share of the County's CDBG and HOME 5 funds. 6 13. The County shall have the authority to review all written procedures and all 7 materials, notices, documents, etc., prepared by the City as part of the City's 8 administration of CDBG and HOME assisted activities and use of funds. 9 B) RESPONSIBILITIES OF THE CITY: 10 1. The City shall be responsible for submitting proposals to the County for the use of 11 the City's share of the County's annual grant under the CDBG and HOME 12 programs. Proposals shall be submitted on forms established by the County, and 13 shall be submitted within the time limit established by the County. As part of this 14 annual submission, the City shall indicate how and when it proposes to achieve 15 the 70% objective for benefit to low- and moderate -income persons as provided in 15 Paragraph 4 of page 3 herein. 17 2. The City shall not incur any cost related to a CDBG and HOME assisted activity 18 until such time that the environmental assessment of the activity is completed. 19 Any cost incurred by the City in violation of the CDBG and HOME implementing 20 regulations pertaining to the National Environmental Protection Act (NEPA) shall 21 become the responsibility of the City through resources other than CDBG and 22 HOME funds. 13 P:1HCD-Public\HCD-CDBG1CommDev\Cooperation Agreement12015-20 MAgreements by Cities�Miiton 2015- 2017.doc 1 3. The City shall be responsible for publishing a notice in a local community 2 newspaper, of the City's proposed use of the CDBG and HOME funds allocated to 3 it by the County for each annual program as part of the County's preparation of 4 the annual Consolidated Plan. The City shall provide the County a copy of said 5 notice. 6 4. The City shall be responsible for procurement of all supplies, equipment, services, 7 and construction necessary for implementation of its CDBG and HOME assisted 8 project(s). Procurement shall be carried out by the City in accordance with the 9 "Common Rule" 24 CFR Part 84, "Administrative Requirements for Grants and 10 Cooperation Agreements to State, Local and Federally recognized Indian Tribal 11 Governments". 12 5. The City shall be responsible for publishing Bid Advertisements, Requests for 13 Proposals, and the like, for CDBG and HOME assisted activities where the City 14 proposes to be a party to the contract for the solicited services. 15 6. For each CDBG and HOME assisted construction project in which the City is 16 party to the construction contract, the City shall provide the County a copy of the 17 Contract, Bid Advertisement, Notice of Award, Notice to Proceed, CertifteatL if 18 Final Inspection of acceptance of work, and all change orders. 19 7. The City shall provide the County a copy of all CDBG and HOME assisted 20 contracts and agreements executed by the City. 21 8. The City, in conjunction with the County, shall be responsible for conducting a 22 preconstruction conference for all CDBG and HOME assisted constructed 14 P:1HCD-PubliclHCD-CDBG\ConirnDevlCooperation Agreement12015-20171Agreements by CitieslMilton 2015- 2017.doc I projects where the City is party to the construction contract. 2 9. Prior to the City's award of a CDBG and HOME assisted contract or agreement, 3 the City must verify the proposed contractor's and sub -contractor's eligibility from 4 the GSA List of Parties Excluded from Federal Procurement and Non - 5 procurement Programs. 6 10. The City shall be responsible for conducting employee interviews, and securing 7 and examining payrolls for all CDBG and HOME assisted City construction 8 projects and shall forward all original documents to the County. 9 11. The City may undertake CDBG and HOME assisted construction projects using 10 municipal labor and equipment ("force account"). The City's CDBG and HOME 11 allocation for the project concerning labor and equipment are eligible for such 12 costs. 13 12. The City may decide not to carry out an activity described in the County's 14 Consolidated Plan, to carry out an activity not previously described, or to 15 substantially change the purpose, scope, location, or beneficiaries of an activity, 16 provided that the City notifies the County in writing when such changes are 17 desired. Only the Board of Commissioners of Fulton County has the authority to 18 appropriate CDBG funds for an activity, and only the Board of Commissioners of 1.9 Fulton County has the authority to cancel funding for an activity. The City must 20 comply with the HUD program regulations at 24 CFR 91.505 to amend the Action 21 Plan. Further, the City shall provide its citizens with reasonable notice of, and 22 opportunity to comment on, such proposed changes_ The city shall provide the 15 P:IHCD-PubliclHCD-CDBG1CommDev\Cooperation Agreement12015-20MAgreements by CitieslMilton 2015- 2017.doc 1 County evidence that the public has been so notified, along with any comments 2 received in response to the proposed change. Evidence shall be in the form of a 3 notice and advertisement published in a local community newspaper. 4 13. The City shall provide its citizens with reasonable access to records regarding the 5 past use of CDBG and HOME funds, consistent with applicable State and local 6 laws regarding personal privacy and obligations of confidentiality. 7 14. The City shall maintain accounts and records, including furnishings and personal 8 property records in accordance with OMB Circular A-21, A-$7, or A-122 as 9 applicable, and financial records adequate to identify and account for all costs 10 pertaining to this Agreement and such other records as may be requested by the 11 County to assure proper accounting for all funds, both public and private. Said 12 records shall be made available for audit purposes to the County, the U.S. 13 Department of Housing and Urban Development or any authorized representative, 14 and shall be retained for at least four (4) years after completion of this project 15 unless permission to destroy them is granted by the County. The City's records 16 and accounts shall at all times meet or exceed the applicable requirements of 17 Federal, State and County law, rules and regulations. Further, the City shall 18 submit detailed reports on the progress made and services provided during the 19 course of this project. At a minimum, these reports shall be submitted on a 20 monthly basis, and shall include the same information indicated in the "Monthly 21 and Year End Performance Report" attached hereto. 22 15. The City shall provide the County an audited report detailing the City's receipt 16 P.1HCD-Public\HCD-CDBG\CommDevlCooperation Agreement12015-20MAgreements by CitieslMilton 2015- 2017.doc 1 and expenditure of County CDBG and HOME funds. This report shall be due by 2 a date(s) to be mutually established between the City and County. 3 16. The City shall cooperate with the County in correcting or addressing any findings 4 or deficiencies noted by HUD with respect to the County's performance under the 5 CDBG and HOME program. Further, the City shall immediately correct or 6 remedy any and all findings or deficiencies noted in the City's performance under 7 the program, or in the City's use of the CDBG and HOME funds. 8 17. The City shall ensure that all printed material describing a CDBG or HOME 9 project or project financed in whole or in part with CDBG or HOME funds 10 gives recognition to the County and HUD. 11 18. The City shall participate in the County's CDBG and HOME programs and agree 12 to cooperate to undertake, or assist in undertaking, community development, and 13 housing activities in accordance with this Agreement and all applicable rules and 14 regulations under the CDBG and HOME programs, and not apply for grants under 15 the Small Cities or State CDBG Programs. The City cannot form a consortium 15 with other local governments from appropriations for fiscal years during the 17 period in which it is participating in the Urban County's CDBG and HOME 18 programs. 19 C) JOINT COUNTY AND THE CITY RESPONSIBILITIES: 20 1. It is the policy of Fulton County Government, its agencies, departments, and 21 agents to comply with the Georgia Security and Immigration Compliance Act 22 (GSICA), as amended from time to time. The Illegal Immigration and Reform 17 P:1HCD-PubliclHCD-CDBG1CommDev\Cooperation Agreement12015-20171Agreements by CitieslM iton 2015- 2017.doc I Enforcement Act of 20I1: requires Fulton County to require at a minimum, 2 subcontractors and sub -subcontractors to submit their E -Verify affidavits to the 3 contractors working on public projects. The contractor then must forward 4 affidavits to the local government within five (5) days of receipt. The contractors 5 shall submit forms indicated as "Affidavit Verifying Status of Benefit Applicant, 6 City's Affidavit, Contractor's Affidavit and Subcontractor's Affidavit" attached 7 hereto. 8 2. The County and the City shall use these funds [and any program income derived 9 from these expenditures of CDBG and HOME funds], to address certain needs of 10 predominantly low and moderate income persons to be made available during the 11 period beginning with Federal Fiscal Year 2015 and continuing in place and in 12 full effect until funds are expended and the funded activities completed. The 13 agreement remains in effect during the three-year qualification period, and any 14 successive qualification periods under agreements are expended and the funded 15 activities completed, and the County and City cannot terminate or withdraw form 16 the agreement while it remains in effect. 17 3. The County and the City shall execute this Cooperation Agreement at the enu of 18 each three-year qualification period and agree to adopt any amendment to the 19 agreement incorporating changes necessary to meet the requirements for 2 0 cooperation agreements set forth in an Urban County Qualification Notice 21 applicable for a subsequent three-year urban county qualification period, and to 22 submit such amendment to HUD as provided in the urban county qualification 18 P:\HCD-Public\HCD-CDBG1CommDevICooperation Agreement12015-20171Agreements by CitieslMilton 2015- 2017.doc 1 notice, and that such failure to comply will void the automatic renewal of such 2 qualification period. 3 4. The City shall take affirmative steps to assure that small and minority businesses 4 are utilized when possible as sources of supplies, equipment, construction and 5 services, consistent with those steps described in the "Common Rule," 24 CFA, 6 85.36(e) (1-2). 7 V. OTHER ADMINISTRATIVE PROVISIONS 8 9 a) The County, at its sole option, may utilize its CDBG Letter of Credit established 10 with the U.S. Treasury for the purpose of providing interim financing for 11 economic development related projects. Such use shall be based on guidelines 12 and procedures established by the County. Further, the City may also utilize this 13 interim financing capability upon approval of the County. 14 15 VI. FAILURE TO CARRY OUT ACTIVITIES IN A TIMELY MANNER 16 The City agrees to carry out its approved CDBG and HOME activities in a timely 17 manner. "Timely manner" shall mean: 18 (1) that all or part of the funds for an activity, to include planning and/or design if 19 applicable, are committed to a binding contract or agreement within twelve (12) 20 calendar months from the start of the program year in which the funds are 21 awarded; and 22 (2) that the City will make reasonable progress in completing this activity. The 23 definition of "reasonable progress" will differ from activity to activity, depending 19 P:1HCD-Public\HCD-CDBG1ConunDevICooperation Agreement12015-20171Agreements by CitiesWilton 2015- 2017.doc 1 on the size, scope, and complexity of the activity. However, reasonable progress 2 shall generally mean completion of the activity within fourteen (I4) calendar 3 months from the start of the program year in which the funds are awarded. 4 Exceptions to this 14 -month completion requirement shall, at the County's option, 5 be granted on a case-by-case basis. 6 Failure by the City to carry out an activity in a timely manner shall mean that the County, 7 at its option, shall recapture all unspent funds designated for an activity and/or deny 8 additional annual funding. If the City wants to appeal for an extension, the City must 9 notify the County in writing six (6) months before the fourteen (14) months funding 10 period ends. The County has the option to approve or disapprove the extension. Funds 11 recaptured or withheld by the County will not be returned or reallocated to the City. Said 12 funds will be allocated to other Fulton County projects that will ensure that the County 13 expenditure rate is consistent with HUD requirements in (24 CFR 570.902). 14 15 VII. TERMINATION OF CONTRACT FOR CAUSE 16 If, through any cause, the City shall fail to fulfill in timely and proper manner its 17 obligations under this Agreement, or in the event that any of the provisions or stipulations 18 of this Agreement are violated by the City, the County shall thereupon have the right to 19 suspend or terminate this Agreement by giving written notice to the City of its intent to 20 terminate or suspend the Agreement, specifying the reasons for such intention to 21 terminate or suspend the Agreement. Unless within ten (10) days after serving of such 22 notice (by hand delivery or posting in the U. S. Mail) upon the City such violation or 20 P:1HCD-Public\HCD-CDBG1CommDevlCooperation Agreementl2015-20171Agreements by CitieslMilton 2015- 2017.doc 1 delay shall cease or arrangements for correction satisfactory to the County be made, the 2 Agreement shall, upon expiration of said ten (10) days, be suspended or terminated 3 without further notice. Upon such suspension or termination, the City will be 4 compensated by the County for expenses deemed by the County to be due and 5 reasonable. 5 VIII. TERMINATION FOR CONVENIENCE OF THE COUNTY 7 Should the U. S. Department of Housing and Urban Development institute corrective 8 and/or remedial actions against the County in accordance with regulations under the 9 CDBG and HOME program where such actions impede or halt the disbursement of 14 Fulton County CDBG and HOME funds under this Agreement, the County may 1 terminate this Agreement by giving at least fifteen (15) days prior notice in writing (by 12 hand delivery or posting in the U. S. Mail) to the City. 13 IX. REVERSION OF ASSETS 14 (1) Upon expiration or termination of this Agreement, the City shall transfer to the 15 County any CDBG and HOME funds on hand at the time of expiration or termination and 15 any accounts receivable, including Program Income receipts, attributable to the use of 17 County CDBG and HOME funds. 18 (2) Should a project financed in whole or in part with CDBG funds fail to meet a CDBG 19 National Objective or CDBG eligibility requirements upon completion, the City must 20 reimburse to the County all CDBG funds received by the City from the County that were 21 invested in the project. 22 (3) Further, in the event that the City should sell or otherwise dispose of any property 21 P:1HCD-Public\HCD-CDBGICommDev\Cooperation Agreement12015-20171Agreements by Cities\Milton 2015- 2017.doe 1 acquired with Fulton County CDBG and HOME funds, the manner of said disposition 2 shall result in the County being reimbursed in an amount of the current fair market value 3 of the property at that time less any portion of the value attributable to expenditures of 4 non -Fulton County CDBG and HOME funds. In the event that such sale or disposition 5 occurs after ten (10) years, such reimbursement shall not be required. 6 X. FAILURE TO PERFORM 7 The County, at its option, may deny annual funding if the City's performance during the 8 previous funding year did not meet all of the terms of this Agreement and/or any 9 Subrecipient Agreement. 10 XI. CORRESPONDENCE AND NOTIFICATION 11 All correspondence or notifications by the City to the County regarding the County's 12 CDBG, HOME and ESG program should be directed to Fulton County Housing and 13 Community Development. Any correspondence or notifications by the City to HUD 14 should be directed to the Director, Office of Community Planning and Developmcnt, 15 Georgia State Office. 22 P:1HCD-PubliclHCD-CDBG\ConunDevlCooperation Agreement12015-20MAgreements by CitieslMilton 2015- 20 17.doc 1 IN WITNESS HEREOF, of the parties hereunto have set their hands and seals. 15 ATTEST: 16 17 l� 20 ' topher J. Lagerbloom, City Manager iter of Milton, Georgia ' 22 23 . 24 25 26 27 Approved As To Form: 2 CITY OF MILTON 29 30 W .4 ' 2 ttorney 5 3 C' of Milton, Georgia W 6 ckwood, Mayor _iXy:of Milton, Georgia 37 38 39 11 12 Date: 13 14 15 ATTEST: 16 17 l� 20 ' topher J. Lagerbloom, City Manager iter of Milton, Georgia ' 22 23 . 24 25 26 27 Approved As To Form: FULTON COUNTY John H. Eaves, Chairman Fulton County Board of Commissioners Date: 0-81t •`u Mark Massey, Clerk to the Commission Fulton County Board of Commissioners Approved As To Form: Staff Attorney Office of the County Attorney 23 P:1HCD-Public\HCD-CDBG\CommDev\Cooperation Agreementl2015-20171Agreements by CitiesWilton 2015- 2017.doc 28 29 30 2 ttorney = 3 C' of Milton, Georgia 36 37 38 39 FULTON COUNTY John H. Eaves, Chairman Fulton County Board of Commissioners Date: 0-81t •`u Mark Massey, Clerk to the Commission Fulton County Board of Commissioners Approved As To Form: Staff Attorney Office of the County Attorney 23 P:1HCD-Public\HCD-CDBG\CommDev\Cooperation Agreementl2015-20171Agreements by CitiesWilton 2015- 2017.doc No Text 1 IN WITNESS HEREOF, of the parties hereunto have set their hands and seals. 2 CITY OF MILTON 5 : ipe Lockwood, Mayor : City of Milton, Georgia 8 9 10 11 12 Date: 13 14 15 ATTEST: 16 17 .18 20 `stopher J. Lagerbloom, City Manager •city of Milton, Georgia 23 . 24 25 26 27 Approved As To Form: 28 29 3 - 32 Attorney Jty of Milton, Georgia 35 36 37 38 39 FULTON COUNTY John H. Eaves, Chairman Fulton County Board of Commissioners Date: ATTEST: Mark Massey, Clerk to the Commission Fulton County Board of Cominissloners Approved As To Form: , Staff Attorney Office of the County Attorney 23 P:1HCD-PubliclI4CD-CDBGlComunDevlCooperation Agreement12015-20MAgreements by CitieslMilton 2015- 2017.doe No Text 1 IN WITNESS HEREOF, of the parties hereunto have set their hands and seals. 2 CITY OF MILTON 3: 5 •v Lockwood, Mayor In : pity of Milton, Georgia 8 9 10 11 12 Date: 13 14 15 ATTEST: 16 19 20 ristopher J. Lagerbloom, City Manager 2 :C-iiy of Milton, Georgia 23 24 25 26 27 Approved As To Form: 28 2 9. 31 32 zty Attorney 3 :City of Milton, Georgia 34• 35 36 37 38 39 FULTON COUNTY John H. Eaves, Chairman Fulton County Board of Commissioners Date: ATTEST: Mark Massey, Clerk to the Commission Fulton County Board of Commissioners Approved As To Farm: , Staff Attorney Office of the County Attorney 23 P:1HCD-Public1HCD-CDBG1CommDevlCooperation Agreement12015-20171Agreements by CitiesWitton 2015- 2017.doe No Text 1 FAIR HOUSING CERTIFICATION 2 3 4 In accordance with Public Law 88-352; Public Law 90-284; Executive Order 11063 and Section 5 109 of the Act, Fulton County, Georgia, and the City certify that: 6 7 No person in the United States shall on the ground of race, color, national origin, or sex, 8 be excluded from participation in, be denied the benefit of, or be subjected to 9 discrimination under, any program or activity funded in whole or part with community 10 development funds made available pursuant to the Act. For purposes of this certification, 11 "program or activity" is defined as any function conducted by; an identifiable 12 administrative unit or the recipient, or by any unit of government, Subrecipient, or private 13 contractor receiving community development funds or loans from the recipient. "Funded 14 in whole or in part with community development funds means that community 15 development funds in any amount in the form of grants or proceeds from HUD 16 guaranteed loans have been transferred by the recipient or a Subrecipient to an 17 identifiable administrative unit and disbursed in a program or activity. 1s 19 The grant will be conducted and administered in conformity with the Civil Rights Act of 20 1964 and the Fair Housing Act, and the grantee will affirmatively further fair housing. 21 22 Be it further agreed that this Agreement prohibits urban county funding for activities in or 23 in support of any cooperating unit of general local government that does not 24 affirmatively, further fair housing within its own jurisdiction or that impedes the county's 25 actions to comply with its fair housing certification. 24 P:IHCD-Public\HCD-CDBG1ConunDev\Coopemtion Agreement2015-20171Agreernents by CitiesWilton 2015- 2017.doc No Text 1. COUNTY ATTORNEY'S OPINION 2 3 4 It is my opinion, as County Attorney for Fulton County, Georgia, that the terms and provisions 5 of the foregoing Cooperation Agreement for the County's Community Development Block 5 Grant, HOME Investment Partnerships programs, authorized under Title I of the Housing and 7 Community Development Act of 1974, as amended, and the Emergency Solutions Grant are 8 fully authorized under State and local law, and that this Agreement provides full legal authority 9 under existing laws for the County to undertake or assist in undertaking essential community 10 development, housing and homeless assistance activities. 11 12 13 Date: day of , 2014 14 , Staff Attorney 15 Office of the County Attorney 25 P:IHCD-Public\HCD-CDBG1CommDevICooperation Agreementl2015-20171Agreements by CitieslMilton 2015- 2017.doe No Text 1 A RESOLUTION 2 3 EXPRESSING THE INTENT OF THE BOARD OF COMMISSIONERS 4 OF FULTON COUNTY, GEORGIA TO EXECUTE COOPERATION AGREEMENTS 5 WITH THE CITIES OF 5 ALPHARETTA, CHATTAHOOCHEE HILLS, COLLEGE PARK, EAST POINT, 7 FAIRBURN, HAPEVILLE, MILTON, MOUNTAIN PARK, PALMETTO & UNION CITY 8 FOR CONTINUED PARTICIPATION IN 9 THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG, HOME and 10 ESG) PROGRAMS FOR 11 FISCAL YEARS 2015, 2016, AND 2017 12 13 WHEREAS, Fulton County must enter into Cooperation Agreements with certain units of 14 general local government located in whale or in part within the County in order for such units to be 15 included as part of the County for participation in the Community Development Block Grant 16 (CDBG), HOME Investment Partnerships (HOME) programs, and the Emergency Solutions Grant 17 (ESG) for Federal Fiscal Years 2015, 2016, and 2017 to be automatically renewed thereafter; and 18 19 WHEREAS, the attached Cooperation Agreement has been prepared for said purpose; and 20 21 WHEREAS, the Chairman of the Board of Commissioners of Fulton County, Georgia, as 22 the designated Chief Elected Official of Fulton County, shall be authorized to disburse all CDBG 23 and HOME grant funds in accordance with directives under the CDBG and HOME programs; and 24 25 WHEREAS, evidence authorizing execution of said Agreement must accompany the 26 Agreement upon its submission to the U.S. Department of Housing and Urban Development. 27 28 NOW THEREFORE, BE IT RESOLVED, that it is the intent of Fulton County Board of 29 Commissioners, effective January 1, 2015, that no provision of any Fulton County Cooperation 30 Agreement shall be in violation of applicable provisions of the U.S. Department of Housing and 31 Urban Development; and 32 33 BE IT FURTHER RESOLVED, that the Board of Commissioners is authorized and 34 directed to transmit an executed copy of this Resolution to each local government of Fulton County. 35 36 BE IT FURTHER RESOLVED, that the Chairman of the Board of Commissioners be 37 hereby authorized to execute said Agreement in accordance with directives under the CDBG 38 program. 39 40 41 42 43 44 45 46 26 P:1HCD-PubliclHCD-CDBGICommDevlCooperation Agreement12015-20171Agreements by Cities\Milton 2015- 2017.doc No Text 1 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 SO RESOLVED, this day of 2014. John H. Eaves, Chairman Fulton County Board of Commissioners ATTEST: Mark Massey, Clerk to the Commission Fulton County Board of Commissioners Date: 9NUN�&1 Ca " Eel MH Staff Attorney Office of the County Attorney 27 P:1HCD-Public\HCD-CDBGlCommDevICooperation Agreement12015-20171Agreements by CitiesWifton 2015- 2017.doc No Text W cc W 1 RESOLUTION NO. 2 3 WHEREAS, the City of Milton, Georgia desires to be included as part of the Fulton 4 County's Community Development Block Grant (CDBG and HOME) programs for Federal 5 Fiscal Years 2015, 2016, and 2017 to be automatically renewed thereafter; and 6 7 WHEREAS, the attached Cooperation Agreement has been prepared for said purposes; 8 and 9 10 WHEREAS, evidence authorizing execution of said Agreement must accompany the 11 Agreement upon its submission to the U.S. Department of Housing and Urban Development. 12 13 NOW THEREFORE, be it resolved by the Mayor and Council of the City of 14 Milton, Georgia that: 15 15 1. The attached Cooperation Agreement is hereby approved; and 17 2. The Mayor is hereby authorized to execute said Agreement in accordance with 18 directives under the CDBG program. 19 20 SO RESOLVED, this day of , 2014. 22 Date: 'Joie Lockwood, Mayor Oity � 5. of Milton, Georgia 25 27 ATTEST: 28 Date: 31 Attorney City of Milton, Georgia 3� 34 35 _ Zg P:IHCD-PubliclHCD-CDSG\CommDevICoopemtion Agreementl2015-20MAgreements by Cities\Milton 2015- 2017.doc No Text YEAR 2015/201612017 FUL TON COUNTY CDBG PROGRAM Attachment D — City of CDBG Public T acilityllmprovement Monthly Performance Report Activity: PROJECT G 3 Municipality: City of CDBG Funding Year: 2015/2016/2017 4 Project Name: City of Pro'ect 5 Administering Department: City of Department 6 Reporting Period From: To: 7 I. Project Status: 8 CDBG allocation amount: $ 1000.00 9 Number of Contracts Awarded: (If contract was awarded this reporting 10 11 12 13 14 15 16 17 15 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 period, attach a copy of the fully executed contract). Contract Amounts: $ CDBG Amount: $ Contract Amounts: $ CDBG Amount: $ Contract Amounts: $ CDBG Amount: $ Has CDBG spending occurred for this project? ❑ Yes ❑ No (If payments have been made toward contracts with CDBG funds, attach up-to-date expenditure and revenue account printouts or similar official financial report) CDBG project fund balance: $ Agency's Local Match project fund balance: $ Date of Construction start-up: Date of Notice to Proceed (if different): Number of days worked on project: Percentage (%) of project complete: Percentage (°/°) of CDBG funds spent: Number of employees/workers on the job site: Number of subcontractors on site: Number of subcontractor's employees on site: Wage decision or modification in use: Number of submitted payrolls within reporting period: Number of draw downs within reporting period: Total amount of draw downs to date: $ CDBG remaining balance: $ Anticipated project completion date: _ zg _ P:WCD-Public\HCD-CDBG1CommDev\Cooperation Agreement12015-2017\Agreements by CitieslMilton 2015- 2017.doc YEAR 20151201612017 FULTON COUNTY CDBG PROGRAM Attachment D — City of CDBG Public Facility/Improvement Monthly .Performance Report Activity: PROJECT 3 4 II. Narrative Description of Project Progress (attach additional sheets as necessary): 5 6 7 8 9 10 11 12 13 14 15 III. Project Issues, Considerations, or Problems (attach additional sheets as necessary): 16 17 18 19 20 21 22 23 24 25 SPECIFIC OUTCOME INDICATORS 26 27 1. Client Service Level (check one): Household: Persons: 28 29 2. Number of Clients Served This Reporting Period: 30 31 3. Qualification of how Clients are Served (Indicate National Objective Compliance): 32 33 34 35 36 37 38 39 4. Demographics and Income Required. Income Status of Clients Served: (not applicable far 40 limited clientele groups such as abused children, elderly persons, battered spouses, homeless 41 persons, illiterate persons, severely disabled adults; and migrant farm worker, unless clients 42 are in a noted affluent area i.e. clients roust be low to moderate income clients. -3❑- P:1HCD-Public\HCD-CDBG1ConmiDev\Cooperation AgrcemcnV2015-20171Agreements by CitiesWilton 2015- 2017.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 YEAR 2015/2016/2017 FULTON COUNTY CDBG PROGRAM Attachment D — City of CDBG Public FacilitylImprovement Monthly Performance Report Activity: PROJECT a. Number of bower Income Households/Persons (50% Median Income): b. Number of Very Low Income Households/Persons (30% Median Income): C. Number of Households/Persons with new or improved access to public facilities: - 31 - P:1HCD-Public\HCD-CDBG1CommDevlCoopemtion Agreement12015-20171Agreements by CitiesWilton 2015- 2017.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 YEAR 2015/2016/2017 FUL TON COUNTY CDRG PR0GRAM Attachment D — City of CDRG Public Faedity/Improvement Monthly Performance Report Activity: PROJECT SPECIFIC OUTCOME INDICATORS 5. Race and Household Status of Clients: a. b. C. d. e. f. 9- h. i. ]• k. 1. Number of White: Number of Slack or African American: Number of American Indian or Alaska Native: Number of Asian: Number of Native Hawaiian or Other Pacific Islander: Number of American Indian or Alaska Native & White: Number of Asian & White: Number of Black or African Amcrican & White: Number of American Indian or Alaska Native & Black or African American: Number of Other Multi -Racial Number of Female Headed Households: Number of Disabled Persons: -32- P:1HCD-PubliclHCD-CDBG1CommDevlCooperation Agreement12015-20171Agreements by CitieslMilton 2015- 2017.doc ° a O � Q N O .i -32- P:1HCD-PubliclHCD-CDBG1CommDevlCooperation Agreement12015-20171Agreements by CitieslMilton 2015- 2017.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 YEAR 201512016/2017 FULTON COUNTY CDRG PROGRAM Attachment D — City of CDRG Public FacilitylIrnprovement Monthly Performance Report Activity: PROJECT Submitted by: Date: Name Title: Signature Approved by: Date: Name Title: Signature -33- P:1HCD-Public\HCD-CDSG1CommDevlCooperation Agreement12015-20MAgreements by CitieslMitton 2015- 2017.doc YEAR 2015/201612017 FUL TON COUNTY CDBG PROGRAM Attachment D-2 — City of CDBG Public Facility/Improvement Year End Performance Report Activity: PROJECT Z 3 4 Municipality: City of CDBG Funding Year: 2015/201612017 5 Project Name: City of Proiect 6 Administering Department: City of' _ _ Department 7 Reporting Period From: To: _ 8 1. Project Status: 9 CDBG allocation amount: S. '000 10 Number of Contracts Awarded: (If contract was awarded this reporting 11 period, attach a copy of the fully executed contract). 12 Contract Amounts: $ CDBG Amount: $ 13 Contract Amounts: $ CDBG Amount: $ 14 Contract Amounts: $ CDBG Amount: $ 15 16 Has CDBG spending occurred for this project? ❑ Yes ❑ No 17 (If payments have been made toward contracts with CDBG funds, attach up-to-date 18 expenditure and revenue account printouts or similar official financial report) 19 CDBG project fund balance: $ 20 Agency's Local Match project fund balance: $ 21 Date of Construction start-up: 22 Date of Notice to Proceed (if different): 23 Number of days worked on project: 24 Percentage (%} of project complete: % 25 Percentage of CDBG funds spent: % 26 Number of employees/workers on the job site: 27 Number of subcontractors on site: v '11-mTurnbet of subcontractor's ►ii.ploryees on site: 29 Wage decision or modification in use: 30 Number of submitted payrolls within reporting period: 31 Number of draw downs within reporting period: 32 Total amount of draw downs to date: $ 33 CDBG remaining balance: $ 34 Anticipated project completion date: 35 36 -34- P:1HCD-PubliclHCD-CDBG1CommDevlCooperation Agreement12015-20MAgreements by CitieslMilton 2015- 2017.doc YEAR 2 01512 01612 017 FUL TON COUNTY CDBG PROGRAM Attachment D-2 — City of CDRG Public Facility/Improvement Year End Performance Report Activity: PROJECT 2 3 Did the Contractor 1 Subcontractor hire new employees to complete the construction job? If so 4 how many and if any, how many were local Section 3 residents? (Section 3 residents: Local/ 5 area residents who are of Low- and Very Low Income who were hired by the Contractor 1 6 Subcontractor specifically to work on this construction job.) 7 A B C D E F % of Aggregate Number of Number of Staff % of Total New Hires Hours of new Staff Hours that are hires that are for Section 3 Number of Number of Section 3 Section 3 Employees Section 3 Job Category New Hires Residents Residents and Trainees Trainees Professionals Technicians OfficelClerical Construction by Trade: Trade: Trade: Trade: Trade: Trade: Other (List): Total: 3 = Public/Indian 4 = Homeless 8 = CDBG State Program Codes Housing Assistance Administered 1 = Flexible A = 9 = Other CD Subsidy Development 5 = HOME Programs 10 = Other 2 = Section 6 = HOME Housing 2021811 B = Operation State/Administered Programs -35- P:IHCD-PubliclHCD-CDBG1CommDevlCooperation Agreement12015-20171Agreements by CitieslMilton 2015- 2017.doc 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 YEAR 2015/201612017 FULTON COUNTY CDBG PROGRAM Attachment D-2 — City of CDBG Public Facilityllmprovement Year End Performance Report Activity: PROJECT II. Narrative Description of Project Progress (attach additional sheets as necessary): III. Project Issues, Considerations, or Problems (attach additional sheets as necessary): -36- P:'.HCD-PubliclHCD-CDSG1CommDev\Cooperation Agreement12015-2017LAgreements by CitieslMilton 2015- 2017.doe YEAR 20151201612017 FULTON COUNTY CDBG PROGR,4M Attachment D-2 — City of CDBG Public Facility/Improvement Year End Performance Report Activity: PROJECT 2 SPECIFIC OUTCOME INDICATORS 3 4 1. Client Service Level (check one): Household: Persons: 5 5 2. Number of Clients Served This Fiscal Year: 7 8 3. Qualification of how Clients are Served (Indicate National Objective Compliance): 9 10 11 12 13 14 15 15 4. Demographics and Income Required. Income Status of Clients Served; (not applicable 17 for limited clientele groups such as abused children, elderly persons, battered spouses, 18 homeless persons, illiterate persons, severely disabled adults; and migrant farm worker, 19 unless clients are in a noted affluent area i.e, clients must be low to moderate income 20 clients. 21 22 a. Number of Moderate Income Households/Persons (50-80% Median Income): 23 24 25 26 b. Number of Very Low Income Households/Persons (30-50% Median Income): 27 28 29 30 C. Number of Extremely Low Income Households/Persons (0-30% Median Income): 31 32 33 34 5. Of the Total Number of Persons assisted, how many persons received: 35 36 a. New Access to this type of Public Facility or Improvement 37 38 39 40 b. Improved Access to this Type of Public Facility or Improvement 41 42 43 44 C. Access to Public Facility or Improvement that is no longer Substandard 45 - 37 - P:1HCD-PubliclHCD-CDSG1CommDevICooperation Agreement12015-201 TAgreements by CitiesWilton 2015- 2017.doe YEAR 201512016120.17 FUL TON COUNTY CDBG PROGRAM Attachment D-2 — City of CDBG Public Fa cilityllmprovement Year End Performance Report Activity: PROJECT SPECIFIC OUTCOME INDICATORS 6. Race and Household Status of Clients: y a. 10 V 11 b. 12 13 C. 14 Ra a 15 16 d. 17 18 e. 19 20 21 f. 22 23 24 25 g. 26 27 h. 28 29 30 i. 31 32 33 34 35 j. 36 37 k. 38 39 1. 40 41 Number of White: Number of Black or African American: Number of American Indian or Alaska Native: Number of Asian: Number of Native Hawaiian or Other Pacific Islander: Number of American Indian or Alaska Native & White: Number of Asian & White: Number of Black or African Amen-ican & Wfilite: Number of American Indian or Alaska Native & Black or African American: Number of Other Multi -Racial: Number of Female Headed Households: Number of Disabled Persons: _3g_ P:1HCD-Public\HCD-CDBG1CommDev\Cooperation Agreement12015-20171Agreements by CitieslMilton 2015- 2017.doc V 0 0 o H �k .'1"i � •� V Ra a _3g_ P:1HCD-Public\HCD-CDBG1CommDev\Cooperation Agreement12015-20171Agreements by CitieslMilton 2015- 2017.doc 1 2 3 4 5 6 7 8 14 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 YEAR 20151201612017 FULTON COUNTY CDRG PROGRAM Attachment D -Z — City of CDBG Public Facility/Improvement Year End Performance Report Activity: PROJECT TOTAL SPECIFIC OUTCOME INDICATORS FOR FISCAL YEAR 2015/201612017 TOTAL............ ........................ Submitted by Name Signature Approved by: Name Signature Date: Title: Date: Title: -39_ P;IHCD-Public\HCS-CDSG1CommDev\Cooperation Agreement12015-20171Agreements by CitieslMilton 2015- 2017.doc E �t .0 0. o Date: Title: Date: Title: -39_ P;IHCD-Public\HCS-CDSG1CommDev\Cooperation Agreement12015-20171Agreements by CitieslMilton 2015- 2017.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 YEAR 2015 FULTON COUNTY CDBG PROGRAM Attachment F-1— Policy 100-28 Georgia Security and Immigration Compliance Act (01/01/2010) Affidavit Verifying Status of Benefit Applicant Pursuant to the Georgia Security and Immigration Compliance Act (O.C.G.A. § 50-36-1), effective July 1, 2007, every agency in FULTON COUNTY providing public benefits through any local program is responsible for determining the immigration status of citizen applicants for said benefits. By executing this affidavit under oath, as an applicant for benefits, I am stating the following with respect to my application for benefits from Fulton County Government: I am a United States citizen or legal permanent resident 18 years of age or older; 6 I am a qualified alien or non-immigrant under the Federal Immigration and Nationality Act, Title 8 U.S.C., as amended, 18 years of age or older and lawfully present in the United States. My alien number issued by the U.S. Department of Homeland Security or other federal immigration agency is In making the above representation under oath, I understand that any person who knowingly and willfully makes a false, fictitious, or fraudulent statement or representation in an affidavit shall be guilty of a violation of O.C.G.A. § 16-10-20. Signature of Applicant Date Printed Name SUBSCRIBED TO AND SWORN BEFORE ME ON THIS THE DAY OF , 20 . Notary Public My Commission Expires: -4a- P:1HCD-PubliclHCD-CDBG1ConunDevlCooperation Agreement12015-20171Agreements by CitieslMilton 2015- 2017.doc 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 YEAR 2015 FUL TON COUNTY CDBG PROGRAM Attachment F-2 — Policy 100-28 Georgia Security and Immigration Compliance Act (01/01/2010) The City's Affidavit By executing this affidavit, the undersigned City contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that [insert name of Prime Contractor] (hereinafter "Prime Contractor") engaged in the physical performance of services under a contract with Fulton County Government has registered with and is authorized to use the federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verity information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRA), [P.L. 99-6031], in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-911. The Prime Contractor further declares that it is actively using and will continue to use the federal work authorization program throughout the contract period. The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services to this contract with Fulton County Government, the Prime Contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit attached hereto. The Prime Contractor farther agrees to maintain records of such compliance and provide a copy of each verification to the Fulton County Government at the time the subcontractor(s) is retained to perform such service. EEVIBasic Pilot Program* User Identification Number EEVIBasic Pilot Program* Date of Authorization BY: Authorized Officer of Agent (Insert Prime Contractor Nannie) Title of Authorized Officer or Agent of Prime Contractor Printed Name of Authorized Officer or Agent - 41 - P:1HCD-PubliclHCD-CDBG1ComniDevlCooperation Agreement12015-20 MAgreements by Cities\Milton 2015- 2017.doc 1 Contractor Affidavit 2 3 4 5 6 7 8 9 io 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 SUBSCRIBED TO AND SWORN BEFORE ME ON THIS THE DAY OF , 20_. Notary Public My Commission Expires: Page 2 of 6 NOTE: * As of the effective date of O.C.G.A. 13-10-91, the applicable federal work authorization program is the "EEVIBasic Pilot Program" operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA) - 42 - P:1HCD-Public\HCD-CDBG1CommDev\Cooperation Agreement12015-20MAgreements by Cities\Milton 2015- 2017.doc I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 35 37 38 39 40 41 Subcontractor Affidavit Page 3 of 6 By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with [insert name of Prime Contractor] on behalf of Fulton County Government has registered with and is authorized to use the federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verity information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRA), [P.L. 99-6431], in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-91]. The Subcontractor further declares that it is actively using and will continue to use the federal work authorization program throughout the contract period. EEVIBasic Pilot Program* User Identification Number EEVIBasic Pilot Program* Date of Authorization BY: Authorized Officer of Agent (Insert Subcontractor Name) Title of Authorized Officer or Agent of Subcontractor Printed Name of Authorized Officer or Agent SUBSCRIBED TO AND SWORN BEFORE ME ON THIS THE DAY OF 20 42 -43- P:IHCD-PubliclHCD-CDBG1CommDevlCooperation Agreement12015-20171Agreements by CitieslMilton 2015- 2017.doa 1 Subcontractor Affidavit 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Notary Public My Commission Expires: Page 4 of 6 NOTE: * As of the effective date of O.C.G.A. 13-14-91, the applicable federal work authorization program is the i°EEVIBasic Pilot Program" operated by the U.S. Citizenship and Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction with the Social Security Administration (SSA) -44- P:1HCD-Public\HCD-CDBG\CommDevlCooperation Agreementl2015-20MAgreements by CitiesWiIton 2015- 2017.doc 1 Sub Subcontractor Affidavit 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Page 5 of 6 By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-14-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with [insert name of Prime Contractor] on behalf of Fulton County Government has registered with and is authorized to use the federal work authorization program* [any of the electronic verification of work authorization programs operated by the United States Department of Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verity information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRA), [P.L. 99-6031 ], in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13-10-911. The Sub Subcontractor further declares that it is actively using and will continue to use the federal work authorization program throughout the contract period. EEV/Basic Pilot Program* User Identification Number EEVIBasic Pilot Program* Date of Authorization BY: Authorized Officer of Agent (Insert Sub Subcontractor Name) Title of Authorized Officer or Agent of Sub Subcontractor Printed Name of Authorized Officer or Agent SUBSCRIBED TO AND SWORN BEFORE ME ON THIS THE DAY OF 920 -45- P:IHCD-PubliclHCD-CDBG1CommDev\Cooperation Agreement12015-20MAgreements by Cities\Milton 2015- 2017.doc 1 Sub Subcontractor Affidavit 2 3 4 5 6 7 8 9 10 11 12 Notary Public My Commission Expires: Page 6of6 13 NOTE: 14 * As of the effective date of O.C.G.A. 13-14-9I, the applicable federal work authorization 15 program is the "EEVJBasic Pilot Program" operated by the U.S. Citizenship and 16 Immigration Services Bureau of the U.S. Department of Homeland Security, in conjunction 17 with the Social Security Administration (SSA) 18 19 20 -46- P:IHCD-PubliclHCD-CDHG\CommDevlCooperation Agreement12015-20 Agreements by Cities\Milton 2415- 20 17.doc u, HOME OF ` ESTABL ISH FD 2006 CITY COUNCIL AGENDA ITEM TO: City Council DATE: June 4, 2014 FROM: City Manager AGENDA ITEM: Consideration of a Construction Services Agreement between the City of Milton and Headley Construction Corp. for the Renovation of the Hopewell House. MEETING DATE: Monday, June 16, 2014 Regular City Council Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: QAPPROVED O NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED. BYES () NO CITY ATTORNEY REVIEW REQUIRED: q YES O NO APPROVAL BY CITY ATTORNEY P APPROVED PLACED ON AGENDA FOR: l&l It /I `f REMARKS O NOT APPROVED wm. =POA�V' © ' Youn _ PHONE: 678.242.25001 FAX: 678.242.2499 Green zp# Certified i ropiao info@cityofmiltonga.us { www.cityofmiltonga.us a Community City of a 13000 Deerfield Parkway, Suite 107 1 Milton GA 30004 To: Honorable Mayor and City Council Members From: Carter Lucas, PE Date: Submitted on June 11, 2014 for the June 16, 2014 Regular Council Meeting Agenda Item: Consideration of a Construction Services Agreement between the City of Milton and Headley Construction Corporation for the Renovation of the Hopewell House ____________________________________________________________________________ Department Recommendation: Approval. Executive Summary: The city purchased the Hopewell House in 2011 to preserve one of the oldest historic properties in the county. In 2012 an agreement was reached with North Fulton Senior Services to utilize the facility to begin to provide daily services to the Senior population of Milton. Under this agreement Fulton County will provide daily operational funding and activities and in exchange the city will provide and maintain the facility. After normal operating hours for North Fulton Senior services the facility is available to the city for special events and other community activities. This construction contract provides the necessary work to bring the facility up to current building standards to meet the operational needs of the senior center and event facility. In accordance with the city procurement procedures, a public Invitation to Bid (ITB) was issued on April 29, 2014. On May 13, 2014 the city received one bid for the proposed work from Headley Construction Corporation in the amount of $632,000. Staff has determined this to be a reasonable and reliable bid and is recommending approval of a Construction Services Agreement with Headley Construction Corporation in the amount of $632,000. Funding and Fiscal Impact: Funding for this project is available. $578,500 is currently appropriated in the Capital Buildings/Hopewell House Renovations Fund for this project. A future budget amendment request will be necessary for the remaining funds. Alternatives: There are no alternatives to this project for the use that is intended. Legal Review: Jarrard & Davis, LLP – Paul Higbee, 6/11/2014 Concurrent Review: Stacey Inglis, Assistant City Manager 1 CONSTRUCTION SERVICES AGREEMENT FOR HOPEWELL HOUSE RENOVATIONS This Agreement (the “Agreement”) to provide construction services for the Hopewell House is made and entered into this ___ day of ____, 2014, by and between the CITY OF MILTON, a municipal corporation of the State of Georgia, acting by and through its governing authority, the Milton City Council (hereinafter referred to as the “City”), Headley Construction Corporation, a Georgia corporation with its principal place of business located at 44 East Washington Street, Georgia 30263 (hereinafter referred to as the “Contractor”). W I T N E S S E T H: WHEREAS, the City issued an Invitation to Bid for the Hopewell House Renovation Project; and WHEREAS, based upon Contractor’s bid to construct the improvements as required by the bid documents, the City has selected Contractor as the winning bidder, and WHEREAS, Contractor has agreed to perform such work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of work, and Contractor is aware that he must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1 Contract Documents The following documents are incorporated herein by reference and constitute the Contract Documents: A. This Agreement (19 Pages); 2 B. Invitation to Bid ITB and Addenda (57 Pages), attached hereto as Exhibit “A”; C. Bid from Contractor dated May 13, 2014 (34 Pages), attached hereto as Exhibit “B”; D. Performance and Payment Bonds, attached hereto collectively as Exhibit “C”; E. Non-collusion Affidavit of Prime Proposer, attached hereto as Exhibit “D”, F. Contractor Affidavit and Agreement, attached hereto as Exhibit “E”; G. Subcontractor Affidavit, attached hereto as Exhibit “F”; H. Plans and specifications, attached hereto collectively as Exhibit “G”, I. Final Affidavit, attached hereto as Exhibit “H”, J. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties; and K. City of Milton Code of Ethics. In the event of any discrepancy among the Contract Documents, that provision that inures most to the benefit of the City, as determined by the City in its sole discretion, shall govern. Section 2 Project Description The scope of this project generally consists of the rehabilitation and renovation of an approximately 3,872 square foot two-story residential building with a partial basement and a 2.50 acre site. The work will consist of earthwork, site work, utility work, exterior improvements, demolition, masonry and masonry repairs, concrete, carpentry, thermal insulation, flashing, doors, windows, gypsum board, painting, plumbing, heating ventilating and air conditioning and electrical work. Additionally the protection of historically sensitive existing elements and rehabilitation of historical sensitive components as called for shall be considered as a part of this work. Section 3 The Work The Work is specified and indicated in the Contract Documents (the “Work”). In the event of any discrepancy among the Contract Documents, the provision operating most to the benefit of the City, as determined by the City in its sole discretion, shall govern. The Work 3 previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents. Section 4 Contract Time Contractor agrees to complete the Project within 270 calendar days from the date of commencement as established in the Notice to Proceed. Section 5 Contractor’s Compensation; Time and Method of Payment A. The total amount paid under this Agreement shall not, in any case, exceed $632,300 except as outlined in Section 6 below. City agrees to pay the Contractor for the work upon certification by the City that the Work was actually performed and costs actually incurred in accordance with the Agreement. This amount shall include all use, lease, or other taxes, and all expenses for personnel and equipment (including fuel) that Contractor will incur to provide the Work. Unless otherwise agreed in writing signed by both Parties, the compensation payable by the City to Contractor is limited to the price amount set forth in the Proposal Submittal Form, and City will not pay any other sum attributable to taxes, costs or expenses that Contractor may incur in providing the Work. B. Compensation for Work performed shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. C. Ten Percent (10%) retainage shall be withheld from each progress payment until 50% of the Stipulated Sum, as may be adjusted, is completed and the manner of completion of the Work is satisfactory to the City. Then, thereafter, no additional retainage shall be withheld. If after the reduction of retainage the City determines that the Work is unsatisfactory or has fallen behind schedule, retainage shall be resumed at the previous level. At Substantial Completion of the Work, the City shall, within 30 days after the invoice and other appropriate documentation as may be required by the Contract Documents are provided to the City, and the City determines the Work to be reasonably satisfactory, pay the retainage to the Contractor. If at that time there are any remaining incomplete minor items, an amount equal to 200 percent of the value of each item as agreed between City and Contractor shall be withheld until such item or items are completed. City and Contractor shall comply with provisions of O.C.G.A 13-10-80. 4 D. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through change orders or construction change directives as described in Section 6 below. All invoices should be submitted to Rick Pearce (Budget and Procurement Coordinator), for approval. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City. No payments will be made for unauthorized work. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand-delivered. E. The City may withhold payment or final payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Agreement, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. Section 6 Work Changes A. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders executed by the Contractor and the City. Such change orders shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms and the Contractor shall proceed with the changed work. B. Any work added to the scope of this Agreement by a change order shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order duly executed on behalf of the City and the Contractor. C. The City Manager has authority to execute without further action of the Milton City Council, any number of change orders so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $50,000, must be approved by resolution of the Milton City Council. 5 Section 7 Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. C. Expertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor’s profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor’s profession and industry, Contractor will give written notice immediately to the City. E. City’s Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that; therefore, the City bears no responsibility for Contractor’s services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of 6 Contractor’s performance. Contractor further agrees that no approval of designs, plans, specifications, or work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor’s professional and industry standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor’s Reliance of Submissions by the City Contractor must have timely information and input from the City in order to perform the services required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor’s Representative ___________________________________ shall be authorized to act on Contractor’s behalf with respect to the Work as Contractor’s designated representative. H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. I. Responsibility of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the services rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it on account of the performance or character of the services rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees and agents from and against any and all claims, suits, actions, liability, judgments, damages, losses, and expenses, including but not limited to, attorney’s fees, which may be the result of willful, negligent or tortuous conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any 7 subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or any of its agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Agreement. Contractor shall not be required to indemnify the City or its officers, boards, commissions, elected or appointed officials, employees or agents against liability or claims for damages, losses, or expenses, including attorney fees, arising out of bodily injury to persons, death, or damage to property caused by or resulting from the sole negligence of the City or its officers, boards, commissions, elected or appointed officials, employees or agents. J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the services as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and place the services are performed; the instrumentalities, tools, supplies and/or materials necessary to complete the services; hiring of Contractors, agents or employees to complete the services; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. 8 The Contractor shall obtain and maintain, at the Contractor’s expense, all permits, licenses, or approvals that may be necessary for the performance of the services. The Contractor shall furnish copies of all such permits, licenses, or approvals to the City of Milton Representative within ten (10) days after issuance. Inasmuch as the City of Milton and the Contractor are contractors independent of one another neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both parties hereto. The Contractor agrees not to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contract enters into on behalf of the City of Milton without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City Manager. (2) Minimum Limits of Insurance: Contractor shall maintain limits no less than: (a) Comprehensive General Liability of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting there from. (c) Workers' Compensation limits as required by the State of Georgia and employers Liability limits of $1,000,000 per accident. 9 (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City, its officials, employees, agents and volunteers are to be covered as insured as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, leased, or used by the Contractor; automobiles owned, leased, hired, or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, employees, agents or volunteers. (ii) The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City, its officials, employees, agents or volunteers. Any insurance or self-insurance maintained by the City, its officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officials, employees, agents or volunteers. (iv) Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. 10 (vii) All endorsements to policies shall be executed by an authorized representative of the insurer. (b) Workers' Compensation Coverage: The insurer will agree to waive all rights of subrogation against the City, its officials, employees, agents and volunteers for losses arising from work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers with an A.M. Bests' rating of no less than A: VII. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of work. The certificates of insurance and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance and endorsements shall be on a form utilized by Contractor’s insurer in its normal course of business and shall be received and approved by the City prior to execution of this Agreement by the City. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the parties as additional insured. (8) Claims-Made Policies: Contractor shall extend any claims-made insurance policy for at least six (6) years after termination or final 11 payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement. L. Employment of Unauthorized Aliens Prohibited E-Verify Affidavits It is the policy of the City of Milton that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless: (1) the Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “E” and “F” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor’s subcontractors have conducted a verification, under the federal Employment Eligibility Verification (“EEV” or “E-Verify”) program, of the social security numbers, or other identifying information now or hereafter accepted by the E-Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed, or (2) the Contractor provides evidence that it is not required to provide an affidavit because it is licensed pursuant to Title 26 or Title 43 or by the State Bar of Georgia and is in good standing as of the date when the contract for services is to be rendered. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “E”, and submitted such affidavit to City or provided the City with evidence that it is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. Further, Contractor hereby agrees to comply with the requirements of the federal Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the 12 subcontractor affidavit, the form of which is attached hereto as Exhibit “F”, which subcontractor affidavit shall become part of the contractor/subcontractor agreement, or evidence that the subcontractor is not required to provide such an affidavit because it is licensed and in good standing as noted in subsection (2) above. If a subcontractor affidavit is obtained, Contractor agrees to provide a completed copy to the City within five (5) business days of receipt from any subcontractor. Where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13- 10-91, the City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor’s and Contractor’s subcontractors’ verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor’s subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the contract. Further, where Contractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor’s failure to cooperate with the investigation may be sanctioned by termination of the contract, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor agrees that the employee-number category designated below is applicable to the Contractor. [Information only required if a contractor affidavit is required pursuant to O.C.G.A. § 13-10-91.] ____ 500 or more employees. ____ 100 or more employees. ____ Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement and where the subcontractor is required to provide an affidavit pursuant to O.C.G.A. § 13-10-91, the Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee-number category that is applicable to the 13 subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. M. Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. N. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics. 14 O. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. P. Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, county, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the services contracted for under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. Q. [RESERVED] R. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. S. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor (“materials”) shall be the property of the City and the City shall be entitled to full access and copies of all such materials. Any such materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such materials. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all 15 copyrightable subject matter in all materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. T. Meetings The Contractor is required to meet with the City’s personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the contract, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor’s option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the contract. Section 8 Covenants of the City A. Right of Entry The City shall provide for right of entry for Contractor and all necessary equipment along the Bethany Bend Road right-of-way, in order for Contractor to complete the Work. B. City’s Representative Bob Buscemi shall be authorized to act on the City’s behalf with respect to the Work as the City’s designated representative Section 9 Warranty Except as may be otherwise specified or agreed, the Contractor shall repair all defects in materials, equipment, or workmanship appearing within one year from the date of Substantial Completion of the Project at no additional cost to the City. Substantial Completion shall be defined as the stage when the work, or designated portion of the work, is sufficiently complete in accordance with the Contract Documents so that the City can occupy or use the Work for its intended use. An inspection shall be conducted by the City or its representative(s) near the completion of the one-year general warranty period to identify any issues that must be resolved by the Contractor. 16 Section 10 Termination A. The City may terminate this Agreement for convenience at any time upon written notice to Contractor. In the event of a termination for convenience, Contractor shall take immediate steps to terminate work as quickly and effectively as possible and shall terminate all commitments to third-parties unless otherwise instructed by the City. Provided that no damages are due to the City for Contractor’s failure to perform in accordance with this Agreement, the City shall pay Contractor for work performed to date in accordance with Section 5 herein. The City shall have no further liability to Contractor for such termination. B. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. The City shall then make alternative arrangements for completion of the Project and deduct the cost of completion from the unpaid Contract Price. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the unpaid balance of the amount due the Contractor, according to this agreement, exceeds the cost of finishing the Project, the Contractor or its Surety will receive the applicable funds due. If the costs of completing the Project exceed the unpaid balance, the Contractor or its Surety will pay the difference to the City. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of this Section (A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11 Miscellaneous A. Complete Agreement. This Agreement contains all of the understandings and agreements of whatsoever kind and nature existing between the parties hereto with respect to the subject matter contained herein. 17 B. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. C. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. D. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. E. Notice. All notices requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective when personally delivered or on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested or upon actual delivery when sent via national overnight commercial carrier to the parties at the addresses given below, unless a substitute address shall first be furnished to the other parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton Attn: City Manager 13000 Deerfield Parkway, Suite 107F Milton, Georgia 30004 NOTICE TO CONTRACTOR shall be sent to: Mr. Mitchell Headley, Headley Construction Corporation, 44 East Washington Street, Newnan, Georgia 30263 F. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. G. Force Majeure. Neither the City nor Contractor shall be liable for their respective non-negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their 18 respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts and all other obligations shall remain intact. H. Headings. All headings herein are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement. I. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Consultant agrees that, during performance of this Agreement, Consultant, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Consultant agrees to comply with all applicable implementing regulations and shall include the provisions of this Section I in every subcontract for services contemplated under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under seal as of the date first above written. [SIGNATURES ON FOLLOWING PAGE] 19 Headley Construction Corporation ___________________________________ Signature Mitchell S. Headley Print Name _______________________________________________ Title [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED In the presence of: _____________________________ Witness (Corporate Secretary should attest) Anita S. Headley Print Name _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: __________________ MILTON CITY COUNCIL: Joe Lockwood, Mayor ___________________________________ [CITY SEAL] SIGNED, SEALED, AND DELIVERED In the presence of: _____________________________ Witness _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: __________________ EXHIBIT “A” INVITATION TO BID 1 | P a g e 1 4 - P W 4 CITY OF MILTON INVITATION TO BID (THIS IS NOT AN ORDER) Bid Number: 14-PW4 Project Name: Hopewell House Renovations Due Date and Time: April 29, 2014 Local Time: 2:00pm Number of Pages: 49 ISSUING DEPARTMENT INFORMATION Issue Date: March 17, 2014 City of Milton Public Works Department 13000 Deerfield Pkwy, Suite 107G Milton, Ga. 30004 Phone: 678-242-2500 Fax: 678-242-2499 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Return Submittal to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, Ga. 30004 Mark Face of Envelope/Package: Bid Number: 14-PW4 Special Instructions: Deadline for Written Questions April 17, 2014, 5 pm Email questions to Rick Pearce at rick.pearce@cityofmiltonga.us BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bidder Signatory: (Please print name and sign in ink) Bidder Phone Number: Bidder FAX Number: Bidder Federal I.D. Number: Bidder E-mail Address: BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE 2 | P a g e 1 4 - P W 4 Table of Contents Topic Page Invitation to Bid 3 Link to Download Plans and Specifications 3 Bidding Instructions (What must be submitted) 5 Insurance/Bond Requirements 8 Bid Form and Addenda Acknowledgement 12 Bid Bond 14 Qualifications Signature and Certification 17 Corporate Certificate 17 List of Subcontractors 18 Contractor Affidavit and Agreement (eVerify) 19 Bid Submittal Form 20 Disclosure Form 21 Schedule of Events 22 Sample Contract Agreement 23 3 | P a g e 1 4 - P W 4 CITY OF MILTON Invitation to Bid: 14-PW4 The City of Milton is accepting sealed bids from qualified firms for the Hopewell House Renovations in conformance with Title 36, Chapter 91, Article 2 of the Official Code of Georgia Annotated. The Project generally consists of the rehabilitation and renovation of an approximately 3,872 square foot two-story residential building with a partial basement and a 2.50 acre site. The work will consist of earthwork, site work, utility work, exterior improvements, demolition, masonry and masonry repairs, concrete, carpentry, thermal insulation, flashing, doors, windows, gypsum board, painting, plumbing, heating ventilating and air conditioning and electrical work. Additionally the protection of historically sensitive existing elements and rehabilitation of historical sensitive components as called for shall be considered as a part of this work. In order to be considered a qualified firm, bidders must be able to demonstrate successful completion of at least two renovation projects of similar scope within the last 5 years on a structure at least 50 years in age. Project details and contact information shall be submitted as part of the bid package. At a minimum provide project name, location, project description, cost of construction, date of construction, contact name and phone number or email address. All work will be done in accordance with the drawings and specifications issued herein. Plans and specifications may be downloaded from http://bit.ly/1d7tOF1 .This is a large file and may take a long time to download. All bidders must comply with all general and special requirements of the bid information and instructions enclosed herein. Sealed bids will be received no later than 2:00 PM Local Time on April 29, 2014. Sealed bids shall be submitted to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, Ga. 30004. At approximately 2:10 PM Local Time on the day bids are received the bids will be publicly opened and the bidder’s name and total bid amount will be read aloud at: City of Milton Courthouse 13000 Deerfield Parkway, Suite 107E, Milton, GA 30004. Bids received after the above time or in any other location other than the Purchasing Office will not be accepted. Bids shall be presented in a sealed envelope with the bid number 14-PW4 and the name of the company or firm submitting clearly marked on the outside of the envelope. ONE (1) ORIGINAL (PAPER) AND TWO (2) COPIES (PAPER) AND A PDF COPY OF THE BID ON CD MUST BE SUBMITTED. Bids will not be accepted verbally, by fax, or email. Questions must be in writing. For questions, please email Rick Pearce at rick.pearce@cityofmiltonga.us. Deadline for questions is April 17, 2014 at 5:00pm. Official answers to questions and potential changes to the ITB (Addendums) will be posted at the same web locations as the ITB on or about April 21, 2014. Any other form of interpretation, correction, or change to this ITB will not be 4 | P a g e 1 4 - P W 4 binding upon the City. It is the bidder’s responsibility to check the websites for potential updates. The failure of bidders to receive or acknowledge any Addendum shall not relieve them of any obligation under the bid. All Addenda shall become part of the contract documents. Please refer to Bid 14-PW4 Hopewell House Renovations when requesting information. The City of Milton reserves the right to reject any or all bids and to waive technicalities and informalities, and to make award in the best interest of the City of Milton. It is understood that all bids are made subject to this Agreement, that the City reserves the right to award the bid to the lowest, responsible Bidder, and in arriving at this decision, full consideration will be given to the reputation of the Bidder, his financial responsibility, and work of this type successfully completed. Any unauthorized conditions, limitations or provisions attached to the bid, except as may be provided herein, will render it informal and may cause its rejection. Unbalanced bids may be subject to rejection. A bidder may modify or withdraw its bid by written request, provided that the request is received by the City prior to the bid due date and time at the address to which bids are to be submitted. Following withdrawal of its bid, the bidder may submit a new bid provided that the new bid is submitted prior to the established bid due date and time. No bid may be withdrawn for a period of sixty (60) days after the date of the bid opening except as permitted by O.C.G.A. 36-91-41 et seq., as amended. The selected contractor must be able to start work within ten (10) calendar days after the “Notice to Proceed” is issued. The time of completion for the project is two hundred seventy (270) calendar days from the date of the “Notice to Proceed.” If weather affects the required completion schedule, The City and selected contractor will negotiate a new completion date. 5 | P a g e 1 4 - P W 4 BIDDING INSTRUCTIONS FAILURE TO RETURN THE FOLLOWING BID DOCUMENTS COULD RESULT IN THE BID BEING DEEMED NON-RESPONSIVE AND BEING REJECTED: Item Description Page(s) 1 Filled out and Signed Invitation to Bid Cover Sheet 1 2 Bid Form and Addenda Acknowledgement (2 pages) 12-13 3 Bid Bond (3 pages) 14-15-16 4 Qualification Signature and Certification 17 5 List of Subcontractors 18 6 Contractor Affidavit and Agreement (eVerify)- State Law 19 7 Bid Submittal Form 20 8 Disclosure Form 21 9 Qualification sheet listing a minimum of 2 projects of similar scope and references Use your own form INFORMATION AND INSTRUCTIONS A. The purpose of this solicitation is to enter into a lump sum “purchasing contract” with one firm to be the primary contractor for the Hopewell House Renovations, 14-PW4 in accordance with the contract documents. The contract documents include the Contract Agreement, Contractor’s Bid (including all documentation accompanying the bid and any post- bid documentation required by the city prior to the Notice of Award), bonds, all special conditions, general conditions, supplementary conditions, specifications, drawings and addenda, together with written amendments, change orders, field orders and the city’s (or city’s designated representative) written interpretations and clarifications issued in accordance with contract documents on or after the date of the contract agreement. B. Prospective bidders shall examine the contract documents and before submitting a bid, shall make a written request of the City for an interpretation or correction of any ambiguity, inconsistency or error therein which could be discovered by a bidder. The City will not be responsible for Bidders’ errors or misjudgment, nor for any information on local conditions or general laws and regulations. C. The building will be open for inspection on March 25, April 3 and April 10 from 10am-3pm. There is no formal meeting, presentation or questions during this time. It is open only to give prospective bidders an opportunity to inspect the building bidders are free to come and go during this time period. D. No specification expressed or implied shall be construed as any type of restrictive specification that would limit competition. 6 | P a g e 1 4 - P W 4 E. The City reserves the right to cancel the contract at any time with 30 days written notice. F. Title to any supplies, materials, equipment or other personal property shall remain the Contractors’ until fully paid for by the City. G. All items to be bid FOB, Milton, Georgia, and must include all costs chargeable to the contractor executing the Agreement, including taxes. Unless otherwise provided in the contract, the City shall have no liability for any costs not included in the bid price. The Contractor shall provide the City any benefit received for a price reduction by reason of any tax exemption based on the City’s tax-exempt status. H. A bidder may submit only one (1) bid response for each bid solicitation unless otherwise authorized by the contract documents. I. All bid items must be new. Used, rebuilt or refurbished items will not be considered unless specifically authorized by the contract documents. J. Unless clearly shown as “no substitute” or any words to that effect, any items in these contract documents which have been identified, described or referenced by a brand name or trade name are for reference only. Such identification is intended to be descriptive but not restrictive and is to indicate the general quality and characteristics of products that may be offered. Each bid item for which an equivalent item is proposed must be individually identified on the bid sheet with the following information: brand name, model or manufacturers’ number or identification regularly used in the trade. Photographs, specifications and cut sheets shall be provided of the proposed alternative. The City shall be the sole judge of the suitability of the proposed alternative and may consider function, design, materials, construction, workmanship, finishes, operating features, overall quality, local service facilities, warranty terms and service or other relevant features. K. The City reserves the right to request representative samples. If requested, samples must be delivered within three (3) business days, unless otherwise approved by the City. Samples are submitted at the risk of the bidder and may be subject to destructive tests by the City. Samples must be plainly tagged with the bid number. L. All bid items must be complete and ready to operate. No obvious omissions of components or necessary parts shall be made even though the contract documents may not detail them or mention them. Where these construction documents may be silent on any point it will be regarded as meaning that only the best industry accepted practices are to prevail. Only materials of the correct size, type and design shall be used. M. The selected contractor must assume full responsibility for all item(s) damaged prior to F.O.B. destination delivery and agree to hold the City harmless of all responsibility for prosecuting damage claims. N. The selected contractor must assume full responsibility for providing or ensuring 7 | P a g e 1 4 - P W 4 warranty service on any and all items including goods, materials or equipment provided to the City with warranty coverage. If the selected contractor is not the manufacturer, all manufacturers’ warranties must be passed through to the City. The contractor, not the City, is responsible for contacting the provider of the warranty service during the warranty period and supervising the completion of the warranty service to the satisfaction of the City. O. The selected contractor is solely responsible for the fitting, assembly and installation of any time by the manufacturers authorized or approved servicer or experienced worker utilizing workmanship of the highest caliber. The contractor must verify all dimensions at the site and shall be responsible for their correctness and shall be responsible for the availability of replacement parts when specified in these contract documents. P. The selected contractor is responsible for the proper disposal of all wrappings, crating, and other disposable material upon the delivery of items(s). Q. Any damage to any building or traffic control device, or equipment incurred during the course of work shall be repaired at the contractor’s expense to the complete satisfaction of the City of Milton with no additional expense to the City. R. Failure to execute the Contract Performance or Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days after the date of Notice of Award of the Contract, may be just cause for the annulment of the award and for the forfeiture of the proposal guaranty to the City of Milton, not as a penalty, but as liquidation of damages sustained. At the discretion of the City, the award may then be made to the next lowest bidder, may be re-advertised, or may be constructed by City forces. S. Within ten (10) business days of the Notice to Proceed the selected contractor shall provide to the City a detailed project schedule. The schedule shall outline all project tasks, start and end dates and the critical path items necessary for project completion within the allowable time frame. PERMITS AND LICENSES Before commencing any work the Contractor, at its own expense (no fees will be charged for permits issued by the City), will ensure that all licenses, permits or other governmental authorizations needed to perform the Project (“Licenses”), including but not limited to any permits required by the EPA or the Georgia Environmental Protection Division, if any, are issued and shall furnish copies of such permits to the City within ten (10) days of issuance. Contractor further agrees to maintain such Licenses and comply with the terms of all such Licenses throughout the term of this Agreement. All Work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. Contractor shall file the Notice of Intent, if necessary, and serve as the primary permitee for the 8 | P a g e 1 4 - P W 4 NPDES permit. Contractor shall be responsible for all monitoring and reporting activities and any corrective actions necessary to maintain compliance with that permit. The contractor shall maintain all records necessary in accordance with that permit. EVALUATION The City intends to evaluate the ITB on the lowest, best, responsible, and responsive vendor. The City of Milton reserves the right to exercise exclusive discretion as to the responsibility of any bidder. The contract shall be executed on the forms attached, will be subject to all requirements of the Contract Document, and shall form a binding Contract between the contracting parties. INSURANCE REQUIREMENTS Within 10 days of Notice of Award, and at all times that this Contract is in force, the Contractor shall obtain, maintain and furnish the City Certificates of Insurance from licensed companies doing business in the State of Georgia with an A.M. Best Rating A-6 or higher and acceptable to the City. Insurance requirements are provided below and included in the CONTRACT AGREEMENT (Section 7.K). (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must 9 | P a g e 1 4 - P W 4 be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. (ii) The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor’s insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. 10 | P a g e 1 4 - P W 4 (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor’s insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims-Made Policies: Contractor shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers’ Compensation policy. BONDING REQUIREMENTS Each bid must be accompanied with a BID BOND (bond only: certified checks or other forms are not acceptable) in an amount equal to five percent (5%) of the base bid, payable to the City of Milton. Said bid bond guarantees the bidder will enter into a contract to construct the project strictly within the terms and conditions stated in this bid and in the bidding and contract documents, should the construction contract be awarded. If a bidder withdraws its bid from the competition after the selection of its bid for a reason not authorized by Georgia law, the city may proceed on the Bid Bond, along with any other available remedies. The Successful Bidder shall be required to furnish PAYMENT AND PERFORMANCE BONDS for the faithful performance on the contract and a bond to secure payment of all claims for materials furnished and/or labor performed in performance of the project, both in amounts equal to one hundred percent (100%) of the contract price. Bonds shall be issued by a corporate surety appearing on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to do business in the State of Georgia. Bonds shall be on the forms provided by the City and subject to the review and approval of the 11 | P a g e 1 4 - P W 4 City Attorney. Date of Bond must not be prior to date of Contract. If Contractor is a Partnership, all partners shall execute Bond. OATH Prior to commencing the Work, the successful bidder shall execute a written oath as required by O.C.G.A. §§ 32-4-122 and 36-91-21(e). COST OF PREPARING A BID The costs for developing and delivering responses to this ITB and any subsequent presentations of the proposal as requested by the City are entirely the responsibility of the bidder. The City is not liable for any expense incurred by the bidder in the preparation and presentation of their proposal. All materials submitted in response to this ITB become the property of the City of Milton. 12 | P a g e 1 4 - P W 4 [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] (2 PAGES) BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 14-PW4 Hopewell House Renovations The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). All materials used in the process of completion of the work included in the Contract will be furnished from Georgia Department of Transportation certified suppliers only. It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached plans for the lump sum price stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to complete all Work within two hundred seventy (270) calendar days from the Notice to Proceed. If weather affects the required completion schedule, The City and selected Bidder will negotiate a new completion date. 13 | P a g e 1 4 - P W 4 Attached hereto is an executed Bid Bond in the amount of __________________ Dollars ($ (Five Percent of Amount Bid). If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. Date viewed _______________ _______________ _______________ _______________ _______________ _______________ _______________ _______________ Bidder further declares that the full name and resident address of Bidder’s Principal is as follows: Signed, sealed, and dated this _______ day of _____________, 20_____ Bidder _______________________ (Seal) Company Name Bidder Mailing Address: ___________________________________________ ___________________________________________ ___________________________________________ Signature: ____________________________ Print Name: ______________________________________ Title: ____________________________ 14 | P a g e 1 4 - P W 4 [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] (3 PAGES) BID BOND CITY OF MILTON, GEORGIA BIDDER (Name and Address): SURETY (Name and Address of Principal Place of Business): OWNER (hereinafter referred to as the “City” (Name and Address): City of Milton, Georgia ATTN: Purchasing Office 13000 Deerfield Parkway, Suite 107G Milton, Georgia 30004 BID BID DUE DATE: Hopewell House Renovations: BOND BOND NUMBER: DATE (Not later that Bid due date): PENAL SUM: _______________________________________________________________________ (Words) (Figures) IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. BIDDER SURETY (Seal) (Seal) Bidder’s Name and Corporate Seal Surety’s Name and Corporate Seal By: By: ___________________________ Signature and Title: Signature and Title: (Attach Power of Attorney) Attest: Attest:_________________________ Signature and Title: Signature and Title: Note: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. 3. This obligation shall be null and void if: 3.1 The City accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent. 6. No suit or action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. 8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 16 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term “Bid” as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. 17 [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature______________________________Date_______________________ Print/Type Name_________________________________ Print/Type Company Name Here_______________________________________________ CORPORATE CERTIFICATE I, ___________________________________, certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that _______________________________________ who signed said bid in behalf of the Contractor, was then (title)_________________________ of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of _________________________________. This _________________ day of ________________, 20______ ______________________________________(Seal) (Signature) 18 [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do _________, do not _______, propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: Company Name:___________________________________________________ 19 [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] EXHIBIT “F” CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization ___________________________ Name of Contractor Hopewell House Renovations Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ 20 | P a g e [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] Bid Submittal Form Hopewell House Renovations 14-PW4 The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. The bidder is solely responsible for the accuracy of any information placed on this bid sheet. Clerical or mathematical errors are insufficient reason to void a successful bid; however, the bidder may withdraw a bid, in writing, prior to the established bid due date and time without penalty. Hereby proposes and agrees, if this bid for the above named project is accepted to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the ITB and the bid documents to be performed or furnished by bidder for the for the total contract price of: Total Base Bid Price (Lump Sum) $___________________________ Print Dollar Amount________________________________________ COMPANY___________________________________________________________________ ADDRESS____________________________________________________________________ AUTHORIZED SIGNATURE____________________________________________________ PRINT / TYPE NAME __________________________________________________________ TITLE _____________________________________________________ 21 | P a g e [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder __________________________________________________ Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) ________________________________________________________________ List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. Amount/Value Description ________________ ___________________________________________ ________________ ___________________________________________ ________________ ___________________________________________ Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: ________________ ___________________________________________ _________________ ___________________________________________ 22 | P a g e SCHEDULE OF EVENTS FOR REFERENCE ONLY - DO NOT SUBMIT WITH BID RESPONSE Event: Date: Release of ITB March 17, 2014 Site Inspection #1 March 25, 2014 10am-3pm Site Inspection #2 April 3, 2014 10am – 3pm Site Inspection #3 April 10, 2014 10am-3pm Deadline for Written Questions April 17, 2014@ 5:00 PM *Submit via E-Mail to Rick Pearce of Purchasing Office City of Milton Addendum (on or about) April 21, 2014 (Official answers to questions and potential changes to ITB. Addendum will be posted at the same web locations as the ITB) Bids due April 29, 2014 @ 2:00PM Bids are due to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite-107G Milton, Ga. 30004 Tentative Contract Award (On/about) June 3, 2014 Notice to Proceed Issued (On/about) June 3, 2014 23 | P a g e Reference Only Subject to change SAMPLE CONSTRUCTION AGREEMENT This Construction Agreement (the “Agreement”) is made and entered into this ____ day of _____________, 20____, by and between the City of Milton, a political subdivision of the State of Georgia, acting by and through its governing authority, the City of Milton Mayor and Council (hereinafter referred to as the “City”), and XXXXXX, a _________________ with its principal place of business located at XXXXXXX (hereinafter referred to as the “Contractor”) (collectively referred to herein as the “Parties”). W I T N E S S E T H: WHEREAS, the City issued a Invitation to Bid, dated XXXXXXXXXXXX, for services generally described as XXXXXXX; and WHEREAS, the City finds that specialized knowledge, skills, and training are necessary to perform the Work contemplated under this Agreement; and WHEREAS, Contractor has represented that it is qualified by training and experience to perform the Work; and WHEREAS, based upon Contractor’s bid in response to the Invitation to Bid for XXXXXXXXXXXXX, the City has selected Contractor as the successful proposer; and WHEREAS, Contractor has agreed to perform such Work as set forth in this Agreement, according to the terms and conditions provided in this Agreement; and WHEREAS, Contractor has familiarized itself with the nature and extent of the Contract Documents, the Project, and the Work, with all local conditions and federal, state and local laws, ordinances, rules and regulations in any manner that may affect cost, progress or performance of the Work, and Contractor is aware that it must be licensed to do business in the State of Georgia. NOW THEREFORE, the City and Contractor, in consideration of the mutual promises, public purposes, and the acknowledgements and agreements contained herein and other good and valuable consideration, the sufficiency of which is hereby acknowledged, agree as follows: Section 1. Contract Documents The following documents, attached hereto (except as expressly noted otherwise below) are incorporated herein by reference and constitute the Contract Documents: A. This Agreement; B. Invitation to Bid (and other bid related documents) attached hereto as Exhibit “A” (including the Project Specifications); C. Bid Documents from Contractor dated ________________ attached hereto as Exhibit “B”; D. Performance Bond and Payment Bond, attached hereto collectively as Exhibit “C”; E. Non-collusion Affidavit of Prime Proposer, attached hereto as Exhibit “D”; 24 | P a g e F. Final Affidavit, attached hereto as Exhibit “E”; G. Alien Employment affidavits attached hereto as Exhibits “F” and “G”; H. SAVE affidavit attached hereto as Exhibit “H”; J. Key Personnel, attached hereto as Exhibit “J”; K. The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying, or supplementing the Contract Documents if properly adopted in writing and executed by the Parties. Section 2. Project Description The Project is defined generally as follows:. Section 3. The Work The Work is specified and indicated in the Contract Documents (the “Work”). The Work previously described includes all material, labor, insurance, tools, equipment, and any other miscellaneous items necessary to complete the Work as described. Contractor shall complete the Work in strict accordance with the Contract Documents (including, but not limited to, the Project Specifications attached hereto and incorporated herein by reference). In the event of any discrepancy among the terms of the various Contract Documents, the provision most beneficial to the City, as determined by the City in its sole discretion, shall govern. The City will issue a Notice to Proceed, which Notice to Proceed shall state the dates for beginning Work and for achieving Final Completion of Work. Work shall commence within ten (10) days of the City’s issuance of the Notice to Proceed. Section 4. Contract Time Contractor warrants and represents that it will perform the Work in a prompt and timely manner, which shall not impose delays on the progress of the Work. Contractor agrees to complete the Project within two hundred seventy (270) days from the date of the City’s issuance of a written Notice To Proceed. Section 5. Contractor’s Compensation; Time and Method of Payment The total amount paid under this Agreement shall not, in any case, exceed ____________, except as outlined in Section 6 below. The compensation for Work performed shall be based upon the amount of debris removed pursuant to the Bid Submittal Form, attached hereto as part of Exhibit B and incorporated herein by reference. This amount shall include all use, lease, or other taxes, and all expenses for personnel and equipment (including fuel) that Contractor will incur to provide the Work. Unless otherwise agreed in writing signed by both Parties, the compensation payable by the City to Contractor is limited to the unit price amount set forth in the Bid Submittal Form, and City will not pay any other sum attributable to taxes, costs or expenses that Contractor may incur in providing the Work. City agrees to pay the Contractor for the debris removed upon certification by the City that the Work was actually performed and costs actually incurred in accordance with the Agreement. Compensation for Work performed shall be paid to the Contractor upon receipt and approval by the City of invoices setting forth in detail the Work performed. Invoices shall be submitted on a monthly basis, and such invoices shall reflect charges incurred versus charges budgeted. Each invoice shall be accompanied by an Interim Waiver and Release upon Payment (or a Waiver and Release upon Final Payment in the case of the invoice for final payment) procured by the Contractor from all subcontractors in accordance with O.C.G.A. § 44-14-366. For reasonable cause and/or when satisfactory progress has not been achieved by the Contractor during any period for which payment is to be made, the City may retain a percentage of said payment, not to exceed ten percent (10%) of the maximum Contract Price to ensure performance of the Agreement. Said cause and progress 25 | P a g e shall be determined by the City, in its sole discretion, based on its assessment of any past performance of the Contractor and likelihood that such performance will continue. Upon completion of all contract requirements, retained amounts shall be paid promptly less any offsets or deductions authorized hereunder or by law. Any material deviations in tests or inspections performed, times or locations required to complete such tests or inspections and like deviations from the Work described in this Agreement shall be clearly communicated to the City before charges are incurred and shall be handled through change orders or construction change directives as described in Section 6 below. The City shall pay the Contractor within thirty (30) days after approval of the invoice by the City. No payments will be made for unauthorized work. Payment will be sent to the designated address by U.S. Mail only; payment will not be hand-delivered, though the Contractor may arrange to pick up payments directly from the City or may make written requests for the City to deliver payments to the Contractor by Federal Express delivery at the Contractor’s expense. The City may withhold payment or final payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Agreement, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. Section 6. Work Changes A. “Change order” means a written modification of the Contract Documents, signed by the City and the Contractor. B. The City reserves the right to order changes in the Work to be performed under this Agreement by altering, adding to, or deducting from the Work. All such changes shall be incorporated in written change orders and executed by the Contractor and City. Such change orders or construction change directives shall specify the changes ordered and any necessary adjustment of compensation and completion time. If the Parties cannot reach an agreement on the terms for performing the changed Work within a reasonable time to avoid delay or other unfavorable impacts as determined by the City in its sole discretion, the City shall have the right to determine reasonable terms, and the Contractor shall proceed with the changed Work. C. Any Work added to the scope of this Agreement by a change order or construction change directive shall be executed under all the applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized, unless contained in a written change order or construction change directive duly executed on behalf of the City and the Contractor. D. The City Manager has authority without further action of the Mayor or Council to execute any number of change orders or construction change directives so long as their total effect does not materially alter the terms of this Agreement or materially increase the total amount to be paid under this Agreement. Any such change orders or construction change directives materially altering the terms of this Agreement or increasing the total amount to be paid under this Agreement in excess of $50,000.00, must be approved by the City of Milton Mayor and Council. Section 7. Covenants of Contractor. A. Ethics Code Contractor agrees that it shall not engage in any activity or conduct that would be in violation of the City of Milton Code of Ethics or any other similar law or regulation. B. Time is of the Essence Contractor specifically acknowledges that TIME IS OF THE ESSENCE for completion of the Project. 26 | P a g e C. Expertise of Contractor Contractor accepts the relationship of trust and confidence established between it and the City, recognizing that the City’s intention and purpose in entering into this Agreement is to engage an entity with the requisite capacity, experience, and professional skill and judgment to provide the services in pursuit of the timely and competent completion of the Work undertaken by Contractor under this Agreement. The Contractor agrees to use its best efforts, skill, judgment, and abilities to perform its obligations and to further the interests of the City and the Project in accordance with the City’s requirements and procedures. Contractor represents that it has familiarized itself with the nature and extent of the Contract Documents, the Work, work site(s), locality, and all local conditions, laws and regulations that in any manner may affect cost, progress, performance, or furnishing of the Work. Contractor further represents and agrees that it has correlated the results of such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents. Contractor represents that it has given the City written notice of all conflicts, errors, or discrepancies that the Contractor has discovered in the Contract Documents, and the written resolution thereof by the City is acceptable to the Contractor. Contractor agrees that it will perform its services in accordance with the usual and customary standards of the Contractor’s profession or business and in compliance with all applicable federal, state, and local laws, regulations, codes, ordinances, or orders applicable to the Project. Further, the Contractor agrees to bear the full cost of correcting the Contractor’s negligent or improper Work, the negligent or improper work of its contractors and subcontractors, and any harm caused by such negligent Work. The Contractor’s duties shall not be diminished by any approval by the City of Work completed or produced; nor shall the Contractor be released from any liability by any approval by the City of Work completed or produced, it being understood that the City is ultimately relying upon the Contractor’s skill and knowledge in performing the Work required under the Contract Documents. In the event that during the course of performing the Work, the Contractor discovers or reasonably should discover that there exists in any of the Contract Documents that is, in the Contractor’s opinion, unsuitable, improper, or inaccurate for the purpose for which the document or data is furnished, Contractor shall promptly inform the City of such inaccuracies, impropriety, issues or concerns. D. Budgetary Limitations Contractor agrees and acknowledges that budgetary limitations are not a justification for breach of sound principals of Contractor’s profession and industry. Contractor shall take no calculated risk in the performance of the Work. Specifically, Contractor agrees that, in the event it cannot perform the Work within the budgetary limitations established without disregarding sound principals of Contractor’s profession and industry, Contractor will give written notice immediately to the City. E. City’s Reliance on the Work The Contractor acknowledges and agrees that the City does not undertake to approve or pass upon matters of expertise of the Contractor and that therefore, the City bears no responsibility for Contractor’s services performed under this Agreement. The Contractor acknowledges and agrees that the acceptance of Work by the City is limited to the function of determining whether there has been compliance with what is required to be produced under this Agreement. The City will not, and need not, inquire into adequacy, fitness, suitability or correctness of Contractor’s performance. Contractor further agrees that no approval of designs, plans, specifications, or Work by any person, body or agency shall relieve Contractor of the responsibility for adequacy, fitness, suitability, and correctness of Contractor’s Work under professional and industry 27 | P a g e standards or for performing services under this Agreement in accordance with sound and accepted professional and industry principals. F. Contractor’s Reliance on Submissions by the City Contractor must have timely information and input from the City in order to perform the Work required under this Agreement. Contractor is entitled to rely upon information provided by the City, but Contractor shall be required to provide immediate written notice to the City if Contractor knows or reasonably should know that any information provided by the City is erroneous, inconsistent, or otherwise problematic. G. Contractor’s Representative ____________shall be authorized to act on Contractor’s behalf with respect to the Work as Contractor’s designated representative. H. Assignment of Agreement The Contractor covenants and agrees not to assign or transfer any interest in, nor delegate any duties of this Agreement, without the prior express written consent of the City. As to any approved subcontractors, the Contractor shall be solely responsible for reimbursing them, and the City shall have no obligation to them. I. Responsibility of Contractor and Indemnification of City The Contractor covenants and agrees to take and assume all responsibility for the Work rendered in connection with this Agreement. The Contractor shall bear all losses and damages directly or indirectly resulting to it and/or the City on account of the performance or character of the Work rendered pursuant to this Agreement. Contractor shall defend, indemnify and hold harmless the City, its officers, boards, commissions, elected and appointed officials, employees, servants, volunteers and agents (hereinafter referred to as “City Parties”) from and against any and all claims, injuries, suits, actions, judgments, damages, losses, costs, expenses and liability of any kind whatsoever, including but not limited to, attorney’s fees and costs of defense (hereinafter collectively “Liabilities”), which may be the result of willful, negligent or tortious conduct arising out of the Work, performance of contracted services, or operations by the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, regardless of whether or not the negligent act is caused in part by a party indemnified hereunder. This indemnity obligation does not include Liabilities caused by or resulting from the sole negligence of the City or City Parties. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this provision. In any and all claims against the City or City Parties, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by the Contractor or subcontractor or anyone for whose acts the Contractor or subcontractor may be liable, the indemnification obligation set forth in this provision shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under workers’ or workmen’s compensation acts, disability benefit acts or other employee benefit acts. This obligation to indemnify, defend, and hold harmless the City and City Parties shall survive termination of this Agreement, provided that the claims are based upon or arise out of actions that occurred during the performance of this Agreement. J. Independent Contractor Contractor hereby covenants and declares that it is engaged in an independent business and agrees to perform the Work as an independent contractor and not as the agent or employee of the City. The Contractor agrees to be solely responsible for its own matters relating to the time and 28 | P a g e place the Work is performed; the instrumentalities, tools, supplies and/or materials necessary to complete the Work; hiring of subcontractors, agents or employees to complete the Work; and the payment of employees, including compliance with Social Security, withholding and all other regulations governing such matters. The Contractor agrees to be solely responsible for its own acts and those of its subordinates, employees, and subcontractors during the life of this Agreement. Any provisions of this Agreement that may appear to give the City the right to direct Contractor as to the details of the services to be performed by Contractor or to exercise a measure of control over such services will be deemed to mean that Contractor shall follow the directions of the City with regard to the results of such services only. Inasmuch as the City and the Contractor are independent of each other, neither has the authority to bind the other to any third person or otherwise to act in any way as the representative of the other, unless otherwise expressly agreed to in writing signed by both Parties hereto. The Contractor agrees not to represent itself as the City’s agent for any purpose to any party or to allow any employee of the Contractor to do so, unless specifically authorized, in advance and in writing, to do so, and then only for the limited purpose stated in such authorization. The Contractor shall assume full liability for any contracts or agreements the Contractor enters into on behalf of the City without the express knowledge and prior written consent of the City. K. Insurance (1) Requirements: The Contractor shall have and maintain in full force and effect for the duration of this Agreement, insurance insuring against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Work by the Contractor, its agents, representatives, employees or subcontractors. All policies shall be subject to approval by the City Attorney as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the City. (2) Minimum Limits of Insurance: Contractor shall maintain the following insurance policies with limits no less than: (a) Comprehensive General Liability of $1,000,000 (one million dollars) limit per single occurrence, $2,000,000 (two million dollars) umbrella, including coverage for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom, vandalism, property loss and theft. (b) Comprehensive Automobile Liability (owned, non-owned, hired) of $1,000,000 (one million dollars) combined single limit per occurrence for bodily and personal injury, sickness, disease or death, injury to or destruction of property, including loss of use resulting therefrom. (c) Workers' Compensation limits as required by the State of Georgia and Employers Liability limits of $1,000,000 (one million dollars) per accident. (3) Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by the City in writing. (4) Other Insurance Provisions: The policy is to contain, or be endorsed to contain, the following provisions: (a) General Liability and Automobile Liability Coverage. (i) The City and City Parties are to be covered as insureds. The coverage shall contain no special limitations on the scope of protection afforded to the City or City Parties. 29 | P a g e (ii) The Contractor’s insurance coverage shall be primary noncontributing insurance as respects to any other insurance or self-insurance available to the City or City Parties. Any insurance or self-insurance maintained by the City or City Parties shall be in excess of the Contractor’s insurance and shall not contribute with it. (iii) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City or City Parties. (iv) Coverage shall state that the Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (v) Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion. (vi) The insurer agrees to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City for General Liability coverage only. (b) Workers' Compensation Coverage: The insurer providing Workers’ Compensation Coverage will agree to waive all rights of subrogation against the City and City Parties for losses arising from Work performed by the Contractor for the City. (c) All Coverages: (i) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. (ii) Policies shall have concurrent starting and ending dates. (5) Acceptability of Insurers: Insurance is to be placed with insurers authorized to do business in the State of Georgia and with an A.M. Bests' rating of no less than A:VI. (6) Verification of Coverage: Contractor shall furnish the City with certificates of insurance and endorsements to the policies evidencing coverage required by this clause prior to the start of Work. The certificate of insurance and endorsements shall be on a form utilized by Contractor’s insurer in its normal course of business and shall be received and approved by the City within ten (10) days of the Notice of Award. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. The Contractor shall provide proof that any expiring coverage has been renewed or replaced at least two (2) weeks prior to the expiration of the coverage. (7) Subcontractors: Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated in this Agreement, including but not limited to naming the Parties as additional insureds. (8) Claims-Made Policies: Contractor shall extend any claims-made insurance policy for at least six (6) years after termination or final payment under the Agreement, whichever is later. (9) City as Additional Insured and Loss Payee: The City shall be named as an additional 30 | P a g e insured and loss payee on all policies required by this Agreement, except the City need not be named as an additional insured and loss payee on any Workers’ Compensation policy. L. Bonds The Contractor shall provide Performance and Payment bonds on the forms attached hereto as Exhibit “C” and with a surety licensed to do business in Georgia. Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Agreement, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made. M. Employment of Unauthorized Aliens Prohibited (1) E-Verify Affidavit It is the policy of City that unauthorized aliens shall not be employed to perform work on City contracts involving the physical performance of services. Therefore, the City shall not enter into a contract for the physical performance of services within the State of Georgia unless the Contractor shall provide evidence on City-provided forms, attached hereto as Exhibits “F” and “G” (affidavits regarding compliance with the E-Verify program to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), that it and Contractor’s subcontractors have within the previous twelve (12) month period conducted a verification, under the federal Employment Eligibility Verification (“EEV” or “E-Verify”) program, of the social security numbers, or other identifying information now or hereafter accepted by the E-Verify program, of all employees who will perform work on the City contract to ensure that no unauthorized aliens will be employed. The Contractor hereby verifies that it has, prior to executing this Agreement, executed a notarized affidavit, the form of which is provided in Exhibit “F”, and submitted such affidavit to City. In the event the Contractor employs or contracts with any subcontractor(s) in connection with the covered contract, the Contractor agrees to secure from such subcontractor(s) attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 by the subcontractor’s execution of the subcontractor affidavit, the form of which is attached hereto as Exhibit “G”, and such subcontractor affidavit shall become part of the contractor/subcontractor agreement. Further, Contractor agrees to provide completed copies of Exhibit “G” to the City within five (5) business days of receipt from any subcontractor. The City Manager or his/her designee shall be authorized to conduct an inspection of the Contractor’s and Contractor’s subcontractors’ verification process at any time to determine that the verification was correct and complete. The Contractor and Contractor’s subcontractors shall retain all documents and records of their respective verification process for a period of three (3) years following completion of the Agreement. The City Manager or his/her designee shall further be authorized to conduct periodic inspections to ensure that no City Contractor or Contractor’s subcontractors employ unauthorized aliens on City contracts. By entering into a contract with the City, the Contractor and Contractor’s subcontractors agree to cooperate with any such investigation by making their records and personnel available upon reasonable notice for inspection and questioning. Where a Contractor or Contractor’s subcontractors are found to have employed an unauthorized alien, the City Manager or his/her designee may report same to the Department of Homeland Security. The Contractor’s failure to cooperate with the investigation may be sanctioned by termination of the Agreement, and the Contractor shall be liable for all damages and delays occasioned by the City thereby. Contractor hereby agrees to comply with the requirements of the federal Immigration 31 | P a g e Reform and Control Act of 1986 (IRCA), P.L. 99-603, O.C.G.A. § 13-10-91 and Rule 300-10-1-.02. Contractor’s compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 shall be attested by the execution of the contractor’s affidavit, attached hereto as Exhibit “F” and incorporated herein by this reference. Contractor agrees that the employee number category designated below is applicable to the Contractor. __________ 500 or more employees __________ 100 or more employees __________ Fewer than 100 employees. Contractor hereby agrees that, in the event Contractor employs or contracts with any subcontractor(s) in connection with this Agreement, the Contractor will secure from the subcontractor(s) such subcontractor(s’) indication of the above employee number category that is applicable to the subcontractor. The above requirements shall be in addition to the requirements of State and federal law, and shall be construed to be in conformity with those laws. (2) SAVE Affidavit and Secure Verifiable Document Pursuant to O.C.G.A. § 50-36-1, the City must obtain a SAVE Affidavit and a secure and verifiable document evidencing the Contractor’s legal status in the Country each time that Contractor obtains a public benefit, including any contract, from the City. Contractor hereby verifies that it has, prior to executing this Agreement, executed a SAVE Affidavit (to be sworn under oath under criminal penalty of false swearing pursuant to O.C.G.A. § 16-10-71), a form of which is attached hereto as Exhibit “H”, and submitted such affidavit to the City in person, electronically, or by mail. Further, Contractor verifies that it has, prior to executing this Agreement, submitted a secure and verifiable document, evidencing the Contractor’s legal status, to the City either in person or electronically (in compliance with the Uniform Electronic Transactions Act). Contractor verifies that it is in compliance with the Residency Status of an Applicant for Public Benefit, as required by the Georgia Security and Immigration Compliance Act (O.C.G.A. § 50-36-1). N. Records, Reports and Audits (1) Records: (a) Records shall be established and maintained by the Contractor in accordance with requirements prescribed by the City with respect to all matters covered by this Agreement. Except as otherwise authorized, such records shall be maintained for a period of three years from the date that final payment is made under this Agreement. Furthermore, records that are the subject of audit findings shall be retained for three years or until such audit findings have been resolved, whichever is later. (b) All costs shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible. 32 | P a g e (2) Reports and Information: Upon request, the Contractor shall furnish to the City any and all statements, records, reports, data and information related to matters covered by this Agreement in the form requested by the City. (3) Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement. The Contractor will permit the City to audit, examine, and make excerpts or transcripts from such records, and to audit all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and or data relating to all matters covered by this Agreement. O. Conflicts of Interest Contractor agrees that it shall not engage in any activity or conduct that would result in a violation of the City of Milton Code of Ethics or any other similar law or regulation. P. Confidentiality Contractor acknowledges that it may receive confidential information of the City and that it will protect the confidentiality of any such confidential information and will require any of its subcontractors, consultants, and/or staff to likewise protect such confidential information. The Contractor agrees that confidential information it receives or such reports, information, opinions or conclusions that Contractor creates under this Agreement shall not be made available to, or discussed with, any individual or organization, including the news media, without prior written approval of the City. The Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City information whether specifically deemed confidential or not. Contractor acknowledges that the City’s disclosure of documentation is governed by Georgia’s Open Record’s Act, and Contractor further acknowledges that if Contractor submits records containing trade secret information, and if Contractor wishes to keep such records confidential, Contractor must submit and attach to such records an affidavit affirmatively declaring that specific information in the records constitutes trade secrets pursuant to Article 27 of Chapter 1 of Title 10, and the Parties shall follow the requirements of O.C.G.A. § 50-18-72(a)(34) related thereto. Q. Licenses, Certifications and Permits The Contractor covenants and declares that it has obtained all diplomas, certificates, licenses, permits or the like required of the Contractor by any and all national, state, regional, City, local boards, agencies, commissions, committees or other regulatory bodies in order to perform the Work contracted for under this Agreement. Further, before commencing Work, Contractor, at its own expense, will obtain all licenses, permits or other governmental authorizations needed to perform the Project (“Licenses”), including but not limited to any permits required by the EPA or the Georgia Environmental Protection Division, if any, and shall furnish copies of such permits to the City within ten (10) days of issuance. Contractor further agrees to maintain such Licenses and comply with the terms of all such Licenses throughout the term of this Agreement. All Work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily expected of competent professionals. R. Hazardous Waste Contractor is obligated to handle all household hazardous waste and asbestos containing materials in accordance with applicable federal, state and local regulations, properly document those operations, and transport such hazardous waste to an appropriate landfill or disposal site. Contractor is further responsible for all tipping fees and all other related costs associated with 33 | P a g e such disposal of hazardous waste. All other hazardous waste material shall be reported to the City for coordination with U.S. Environmental Protection Agency or the Georgia Environmental Protection Division of the Georgia Department of Natural Resources. S. Key Personnel ll of the individuals identified in Exhibit “J” are necessary for the successful prosecution of the Work due to their unique expertise and depth and breadth of experience. There shall be no change in Contractor’s Project Manager or members of the project team, as listed in Exhibit “J”, without written approval of the City. Contractor recognizes that the composition of this team was instrumental in the City’s decision to award the Work to Contractor and that compelling reasons for substituting these individuals must be demonstrated for the City’s consent to be granted. Any substitutes shall be persons of comparable or superior expertise and experience. Failure to comply with the provisions of this section shall constitute a material breach of Contractor’s obligations under this Agreement and shall be grounds for termination. Contractor shall not subcontract with any third party for the performance of any portion of the Work without the prior written consent of the City. Contractor shall be solely responsible for any such subcontractors in terms of performance and compensation. T. Authority to Contract The Contractor covenants and declares that it has obtained all necessary approvals of its board of directors, stockholders, general partners, limited partners or similar authorities to simultaneously execute and bind Contractor to the terms of this Agreement, if applicable. U. Ownership of Work All reports, designs, drawings, plans, specifications, schedules, work product and other materials prepared or in the process of being prepared for the services to be performed by the Contractor (“Materials”) shall be the property of the City, and the City shall be entitled to full access and copies of all such Materials. Any such Materials remaining in the hands of the Contractor or subcontractor upon completion or termination of the Work shall be delivered immediately to the City. The Contractor assumes all risk of loss, damage or destruction of or to such Materials. If any Materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Any and all copyrightable subject matter in all Materials is hereby assigned to the City and the Contractor agrees to execute any additional documents that may be necessary to evidence such assignment. V. Meetings The Contractor is required to meet with the City’s personnel, or designated representatives, to resolve technical or contractual problems that may occur during the term of the Agreement, at no additional cost to the City. Meetings will occur as problems arise and will be coordinated by the City. The Contractor will be given a minimum of three full working days notice of meeting date, time, and location. Face-to-face meetings are desired. However, at the Contractor’s option and expense, a conference call meeting may be substituted. Consistent failure to participate in problem resolution meetings, two consecutive missed or rescheduled meetings, or to make a good faith effort to resolve problems, may result in termination of the Agreement. Section 8. Covenants of the City A. Right of Entry The City shall provide for right of entry for Contractor in order for Contractor to complete the Work. B. City’s Representative 34 | P a g e XXXXXX shall be authorized to act on the City’s behalf with respect to the Work as the City’s designated representative; provided any changes to the Work or the terms of this Agreement must be approved as provided in Section 6 above. Section 9. [Intentionally Omitted] Section 10. Termination A. Termination for Convenience: i. The City may terminate this Agreement for convenience at any time upon providing written notice to Contractor. ii. In the event of a termination for convenience, Contractor shall take immediate steps to terminate Work as quickly and effectively as possible and shall terminate all commitments to third-parties unless otherwise instructed by the City. iii. Provided that no damages are due to the City for Contractor’s failure to perform in accordance with this Agreement, the City shall pay Contractor, in accordance with Section 5 herein, for all debris that is loaded and disposed and for other Work that is performed by 6:00 PM on the day following Contractor’s receipt of City’s notice of termination. The City shall have no further liability to Contractor for such termination. Further, and at its sole discretion, the City may pay Contractor for additional value received as a result of Contractor’s efforts, but in no case shall the City’s total payment for the Work exceed the maximum Contract Price agreed to herein. B. Termination for Cause. i. The City may terminate this Agreement for cause if Contractor breaches any material provision of this Agreement. The City shall give Contractor seven (7) days written notice of its intent to terminate the Agreement and the reasons therefore, and, if Contractor, or its Surety, fails to cure the default within that period, the termination shall take place without further notice. ii. The City shall then make alternative arrangements for completion of the Project. The City will make no payment to the Contractor or its Surety until all costs of completing the Project are paid. If the per unit price charged by the replacement contractor exceeds the per unit price charged by the Contractor, as provided in this Agreement,, the Contractor or its Surety will pay the difference to the City to finish the Project. C. If the City terminates this Agreement for cause, and it is later determined that the City did not have grounds to do so, the termination will be treated as a termination for convenience under the terms of Section 10(A) above. D. Upon termination, the Contractor shall: (1) promptly discontinue all services affected, unless the notice directs otherwise; and (2) promptly deliver to the City all data, drawings, reports, summaries, and such other information and materials as may have been generated or used by the Contractor in performing this Agreement, whether completed or in process, in the form specified by the City. E. The rights and remedies of the City and the Contractor provided in this Section are in addition to any other rights and remedies provided under this Agreement or at law or in equity. Section 11. No Personal Liability Nothing herein shall be construed as creating any individual or personal liability on the part of any City Party. No City Party shall be personally liable to the Contractor or any successor in interest in the event of any default or breach by the City or for any amount which may become due to the Contractor or successor or on any obligation under the terms of this Agreement. Likewise, Contractor’s performance of 35 | P a g e services under this Agreement shall not subject Contractor’s individual employees, officers or directors to any personal liability. The Parties agree that their sole and exclusive remedy, claim, demand or suit shall be directed and/or asserted only against Contractor or the City, respectively, and not against any employee, officer, director, or elected or appointed official. Section 12. Miscellaneous A. Complete Agreement. This Agreement constitutes the complete agreement between the Parties and supersedes any and all other agreements, either oral or in writing, between the Parties with respect to the subject matter of this Agreement. No other agreement, statement or promise relating to the subject matter of this Agreement not contained in this Agreement shall be valid or binding. This Agreement may be modified or amended only by a written document signed by representatives of both Parties with appropriate authorization. B. Successors and Assigns. Subject to the provision of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the respective Parties, provided that no party may assign this Agreement without prior written approval of the other party. C. Governing Law. This Agreement shall be governed by and construed under the laws of the State of Georgia. If any action at law or in equity is brought to enforce or interpret the provision of this Agreement, the rules, regulations, statutes and laws of the State of Georgia will control. Any action or suit related to this Agreement shall be brought in the Superior Court of Fulton County, Georgia. D. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. E. Invalidity of Provisions. Should any part of this Agreement for any reason be declared by any court of competent jurisdiction to be invalid, such decision shall not affect the validity of any remaining portion, which remaining portion shall continue in full force and effect as if this Agreement had been executed with the invalid portion hereof eliminated, it being the intention of the Parties that they would have executed the remaining portion of this Agreement without including any such part, parts or portions which may for any reason be hereafter declared invalid. F. Notice. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed received, and shall be effective, when: (1) personally delivered, or (2) on the third day after the postmark date when mailed by certified mail, postage prepaid, return receipt requested, or (3) upon actual delivery when sent via national overnight commercial carrier to the Parties at the addresses given below, or at a substitute address previously furnished to the other Parties by written notice in accordance herewith: NOTICE TO CITY shall be sent to: City of Milton 13000 Deerfield Parkway Suite 107 City Manager Milton, GA 30004 NOTICE TO CONTRACTOR shall be sent to: ________________________________________ G. Sovereign Immunity. Nothing contained in this Agreement shall be construed to be a waiver of the City’s sovereign immunity or any individual’s qualified good faith or official immunities. 36 | P a g e H. Force Majeure. Neither the City nor Contractor shall be liable for their respective non-negligent or non-willful failure to perform or shall be deemed in default with respect to the failure to perform (or cure a failure to perform) any of their respective duties or obligations under this Agreement or for any delay in such performance due to: (i) any cause beyond their respective reasonable control; (ii) any act of God; (iii) any change in applicable governmental rules or regulations rendering the performance of any portion of this Agreement legally impossible; (iv) earthquake, fire, explosion or flood; (v) strike or labor dispute, excluding strikes or labor disputes by employees and/or agents of Contractor; (vi) delay or failure to act by any governmental or military authority; or (vii) any war, hostility, embargo, sabotage, civil disturbance, riot, insurrection or invasion. In such event, the time for performance shall be extended by an amount of time equal to the period of delay caused by such acts. Any additional reasonable costs incurred by Contractor as a result of such extension may be added to the Contract Price subject to the terms of Section 6 and approval of a Change Order relating to same. All other obligations shall remain intact. I. Headings. The caption or headnote on articles or sections of this Agreement are intended for convenience and ease of reference purposes only and in no way define, limit or describe the scope or intent thereof, or of this Agreement nor in any way affect this Agreement. J. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and all other provisions of Federal law, the Contractor agrees that, during performance of this Contract, Contractor, for itself, its assignees and successors in interest, will not discriminate against any employee or applicant for employment, any subcontractor, or any supplier because of race, color, creed, national origin, gender, age or disability. In addition, Contractor agrees to comply with all applicable implementing regulations and shall include the provisions of this Section 12(J) in every subcontract for services contemplated under this Agreement. K. Waiver. No failure by the City to enforce any right or power granted under this Agreement, or to insist upon strict compliance by Contractor with this Agreement, and no custom or practice of the City at variance with the terms and conditions of this Agreement shall constitute a general waiver of any future breach or default or affect the City’s right to demand exact and strict compliance by the Contractor with the terms and conditions of this Agreement. L. No Third Party Rights. This Agreement shall be exclusively for the benefit of the Parties and shall not provide any third parties with any remedy, claim, liability, reimbursement, cause of action or other right. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed under seal as of the date first above written. CONTRACTOR: ______________________________ By: ____________________________________ (signature) ____________________________________ (print) Attest: ____________________________________ XXXXXXXX [AFFIX CORPORATE SEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness 37 | P a g e _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: ____________________________ [SIGNATURES CONTINUED ON THE FOLLOWING PAGE] Approved as to form: _______________________________ City Attorney CITY OF MILTON ____________________________________ [CITYSEAL] SIGNED, SEALED, AND DELIVERED in the presence of: _____________________________ Witness 38 | P a g e _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: ________________________ 39 | P a g e EXHIBIT “A” [Insert Invitation to Bid] EXHIBIT “B” [Insert Bid Documents] 40 | P a g e EXHIBIT “C” PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS THAT _____________________________ (as CONTRACTOR, hereinafter referred to as the “Principal”), and ____________________ (as SURETY COMPANY, hereinafter referred to as the “CONTRACTOR’S SURETY”), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of Dollars ($ ), lawful money of the United States of America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated the of , 20 which is incorporated herein by reference in its entirety (hereinafter referred to as the “CONTRACT”), for the construction of a project known as __________________________ (hereinafter referred to as “the PROJECT”). NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor’s Surety shall indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach of default of the Contract: a. The Contractor’s Surety shall commence performance of its obligations and undertakings under 41 | P a g e this Bond no later than thirty (30) days after written notice from the City to the Contractor’s Surety; and b. The means, method or procedure by which the Contractor’s Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor’s Surety hereby waives notice of any and all modifications, omissions, additions, changes and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor’s Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys-in-fact, this day of , 20 . CONTRACTOR (“Principal”) ________________________________________ By:_____________________________________(signature) _____________________________________ (print) Title: __________________________________ Attest:_____________________(signature) [AFFIX CORPORATE SEAL] _____________________ (print) Title: _____________________ Date:______________________ [SIGNATURES CONTINUE ON FOLLOWING PAGE] 42 | P a g e CONTRACTOR’S SURETY: ___________________________________ By:_____ __________________________ (signature) ______________________________ (print) Title: _____________________________ (SEAL) Attest: _____________________ (signature) _____________________ (print) Title: ________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) 43 | P a g e PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT ________________________ (as CONTRACTOR, hereinafter referred to as the “Principal”), and (as SURETY COMPANY, hereinafter referred to as the “CONTRACTOR’S SURETY”), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of Dollars ($ ), lawful money of the United States of America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated , which is incorporated herein by reference in its entirety (hereinafter referred to as the “CONTRACT”), for the construction of a project known as ____________________________, (hereinafter referred to as “the PROJECT”). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A “Claimant” shall be defined herein as any Subcontractor, person, Party, partnership, corporation or other entity furnishing labor, services or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services or materials were sold, leased or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Contract, the Contractor’s Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by 44 | P a g e Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor’s Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this day of , 20 . CONTRACTOR: ___________________________________ By:_________________________________ (signature) _________________________________ (printed) Title: ______________________________ (SEAL) Attest: ______________________ (signature) ______________________ (printed) Title: _________________ Date:__________________ CONTRACTOR SURETY: ___________________________________ By:_________________________________ (signature) _________________________________ (printed) Title: _______________________________ (SEAL) Attest: _____________________ (signature) _____________________ (printed) Title: _________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) 45 | P a g e EXHIBIT “D” NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER STATE OF GEORGIA City of Milton ________________________________________, being first duly sworn, deposes and says that: (1) He is ___________________________(Owner, Partner, Officer, Representative, or Agent) of XXXXXXXXXX (the “Proposer”) that has submitted the attached Bid; (2) He is fully informed respecting their preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; (3) Such Bid is genuine and is not a collusive of sham Bid; (4) Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Proposer, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted to or refrain from proposing in connection with such Contract, or has in any collusion or communication or conference with any other Proposer, firm or person to fix the price or prices in the attached Bid or of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Bid are fair an proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit. (6) Proposer has not directly or indirectly violated O.C.G.A. § 36-91-21(d). ____________________________ Signature of Authorized Officer or Agent ____________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN TO BEFORE ME THIS ________ DAY OF _____________, 20___ ___________________________ Notary Public ________________________ (SEAL) My Commission Expires _______________ Date 46 | P a g e EXHIBIT “E” FINAL AFFIDAVIT TO CITY OF MILTON, GEORGIA I, _______________________________, hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by XXXXXXX. or any of its subcontractors in connection with the construction of the XXXXXXXXX for the City have been paid and satisfied in full as of ______________, 20_____, and that there are no outstanding obligations or claims of any kind for the payment of which the City on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. ______________________________ Signature ______________________________ Title Personally appeared before me this ____ day of ________, 20____._______________________, who under oath deposes and says that he is ______________________________ of the firm of XXXXXXXXX. that he has read the above statement and that to the best of his knowledge and belief same is an exact true statement. ______________________________ Notary Public [NOTARY SEAL] My Commission Expires ______________________________ 47 | P a g e EXHIBIT “F” STATE OF GEORGIA CITY OF MILTON CONTRACTOR AFFIDAVIT AND AGREEMENT By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period, and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b), a form of which is attached hereto as Exhibit “G”. Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows. ________________________________________ Federal Work Authorization User Identification Number ________________________________________ Date of Authorization _________________________________________ Name of Contractor _________________________________________ Name of Project _________________________________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _______________ ___________, 201___ in _____________ (city), ______________ (state). _________________________________________ Signature of Authorized Officer or Agent _________________________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _______ DAY OF _______________, 201__. _____________________________ Notary Public [NOTARY SEAL] My Commission Expires: ________________________ 48 | P a g e EXHIBIT “G” STATE OF GEORGIA CITY OF MILTON SUBCONTRACTOR AFFIDAVIT By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with ___________________ (name of contractor) on behalf of the City has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, , in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five business days of receipt. If the undersigned subcontractor receives notice that a sub- subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: ________________________________________ Federal Work Authorization User Identification Number ________________________________________ Date of Authorization _________________________________________ Name of Subcontractor _________________________________________ Name of Project _________________________________________ Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on _____________ ____, 201____ in _______________ (city), _____________ (state). _________________________________________ Signature of Authorized Officer or Agent _________________________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE _________ DAY OF _____________, 201____. _____________________________ Notary Public [NOTARY SEAL] 49 | P a g e EXHIBIT “I” [RESERVED] EXHIBIT “J” KEY PERSONNEL [Insert Key Personnel] END SAMPLE CONTRACT ITB 14-PW4 Addendum #1 Page 1 of 5 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #1 ITB 14-PW4 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, GA 30004 Phone: 678-242-2511 Fax: 678-242-2499 Email: rick.pearce@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: ___________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: __________________________________________________ CITY: _________________ STATE: ____________ ZIP: _____________ PHONE: ______________________ FAX: _________________________ EMAIL ADDRESS: ___________________________________________ ____________________________________ ______________________ Signature Date ADDENDUM #1 ITB 14-PW4 Addendum #1 Page 2 of 5 This Addendum forms a part of the contract documents and modifies the original ITB documents as noted below: Item #1 The due date for the bids is being moved out. The bid schedule is revised to amend the following dates: Deadline for Written Questions April 30, 2014@ 5:00 PM *Submit via E-Mail to Rick Pearce of Purchasing Office City of Milton Addendum (on or about) May 5, 2014 (Official answers to questions and potential changes to ITB. Addendum will be posted at the same web locations as the ITB) Bids due May 13, 2014 @ 2:00PM Anyone who needs to perform an additional inspection of the property during the new question period can contact Rick Pearce at rick.pearce@cityofmiltonga.us to schedule an appointment. Current Questions and City of Milton Answers 1. Do you have an estimated cost for this project? Answer: No. 2. In regards to the renovations on Bid # 14-PW4, Hopewell House Renovations, has an Asbestos/Hazardous Materials Survey been conducted? Answer: No. 3. What Species of wood are the raised panel doors? Answer: All new interior wood doors (type 2 with ¾“ raised panel) are paint grade pine 4. What Species of wood are the Windows? Answer: All windows are clear pine 5. One of our sanitary sewer subs who is submitting a number to us for the Hopewell House project notified us that he took the plans by the Fulton County Environmental Health Department to discuss it with them as some of the items on the plan do not meet current code and there are other items that need to be addressed. The county people told him that these plans have not been submitted to them for review and have not been approved. Could you please find out from the architect what the status of this review process is and how close they are to approval? Answer: Plan has been approved. ITB 14-PW4 Addendum #1 Page 3 of 5 6. Are aluminum conductors acceptable for the service feed? Answer: Copper per specification section 260519 7. Can I use parallel conduits from the power pole to the meter, from the meter to the service disconnect, from the disconnect to the panels? Answer: Parallel feeds are acceptable for the service feed as long as they meet the NEC. 8. Can I use three conductor MC cable for the receptacles, lighting, switches, etc? Answer: Refer to specification section 260533 9. Is PVC acceptable conduit for the feed from the disconnect to the panel? Answer: Refer to specification section 260543 and 260533. 10. Who is responsible for supplying the specified chandeliers and sconces? Answer: The contractor. 11. Is three conductor MC acceptable for home runs from the panel? Answer: Refer to specification section 260533. 12. Is there a minimum AIC rating for the service equipment? Answer: The available symmetrical short circuit current is indicated on sheet E-000. 13. Will all the sheet rock, walls and ceiling, be removed for rough in? Will the baseboards be removed? Answer: See sheets A001, A002, A003 for demolition notes for all floors. See sheet A520 Room Finish Schedule for new finishes in rooms. Any other demolition that needs to take place for the Contractor to install work should be included in the Bid. 14. Are there any plaster walls? Will they stay or will they be demo'ed? Answer: See sheets A001, A002, A003 for demolition notes for all floors. See sheet A520 Room Finish Schedule for new finishes in rooms. 15. On sheet C-0001, it shows that the contractor is to remove the existing Power Pole in the yard. On sheet E-000, it shows that we are to re-use the existing Power Pole in the new service. Answer: Refer to sheet E-090 for location of the power pole to remain. The pole to be removed is shown on C-001, this one is no longer needed. 16. The electrical plans are showing a 400 amp service. To do it as drawn, we will have an issue sourcing a single phase 400 amp MLO panel. The size of the panel would require that we go to an industrial grade panel. This panel is significantly larger in size and quite more expensive. I am talking a cost of $1200 each verses the cost of 200 amp MLO panel (residential grade) costing around $150.00. I wanted to verify that the electrical riser (service) drawn is required. Answer: Install as per the contract documents. ITB 14-PW4 Addendum #1 Page 4 of 5 17. The electrical plans also call for us to run a conduit and cable up the existing power pole. The power company owns that pole. We are not typically allowed to run anything on their poles. They typically run the cable down the pole and land it in the meter base. Answer: The feed from the top of the power pole to the disconnect/meter it to be installed by the utility company. 18. The electrical spec are requiring that any new circuits be run in a minimum ¾ inch conduit. The type of structure does not require this. The existing circuits that are staying an N/M cable (romex). This is an NEC compliant installation. The ¾ inch conduit is possible, but will drive the costs up quite a bit. Can we please verify that this is a requirement? Answer: Install as per the contract documents. 19. The following Specification Sections are in the manual, but I don’t see work on the plans. Will this work be added later, or should the Specification Section be deleted? This list may not include all. 211313 Wet-Pipe Sprinkler Systems Answer: A sprinkler system is required as specified. The specification is performance based and describes the requirements. The system shall be designed and installed to meet the requirements by the Contractor. 321313 Concrete Paving (for Driveways) Answer: This specification is applicable to walks, ramps, stoops, slabs, etc. as described in the drawings. There are no concrete vehicular driveways. 321373 Concrete Paving Joint Sealants Answer: This specification is applicable to those items as described above. 323113 Chain Link Fences and Gates Answer: This specification section shall be disregarded and deleted from the project. 329200 Turf and Grasses Answer: This specification section shall be disregarded and deleted from the project. 329300 Plants Answer: This specification section shall be disregarded and deleted from the project. 20. On Drawings, I see note to provide Wood Shutters at a window, but no specification or description is found. Please provide spec or description. Answer: No such note was found. There is no requirement for wood shutters on this project. 21. Approximately, what year was this house built? Answer: Approx. 1850s but add to over the years 22. Specification Section 024116 Paragraph 1.7. D. state that a report on hazardous materials is on file for review. Will you provide a copy of said report? Confirm that the removal and/or ITB 14-PW4 Addendum #1 Page 5 of 5 abatement of hazardous materials is not part of this work per Paragraph 1.7.C of spec. 024116. Answer: No report is on file but we do not believe any hazardous material exists in the work area 23. Is a Fire Sprinkler System Required? Specification for a NFPA 13R system is included in documents, but Life Safety Plan A090 states “No Sprinkler System by SF Calculation.” Answer: Yes 24. Is any termite treatment or pest control treatment part of this work? Answer: No ITB 14-PW4 Addendum #2 Page 1 of 3 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #2 ITB 14-PW4 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, GA 30004 Phone: 678-242-2511 Fax: 678-242-2499 Email: rick.pearce@cityofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: ___________________________________________ CONTACT PERSON: _________________________________________ ADDRESS: __________________________________________________ CITY: _________________ STATE: ____________ ZIP: _____________ PHONE: ______________________ FAX: _________________________ EMAIL ADDRESS: ___________________________________________ ____________________________________ ______________________ Signature Date ADDENDUM #2 ITB 14-PW4 Addendum #2 Page 2 of 3 This Addendum forms a part of the contract documents and modifies the original ITB documents as noted below: Questions and Answers 1. My vendors are not able to source the following 2 types of fixtures, using the information provided on the plans and specs. (B) House of Antiques Hardware #RS-03HK-416OB. (I was told 416OB was missing a # or letter). 3 Lamp surface mounted incandescent chandelier 12” tall and 15” in diameter. (XU) GARDCO #DSP5-ST-PAR30-INC-PAR30L75-120-BLP-CH Stanchion mounted exterior spot light with incandescent lamp. Answer: (B) House of Antiques Hardware #RS-03HK-4161OB. (XU) Fixture is a Philips/Gardco fixture, model number as specified. 2. Note 22 on C-002 requires that all striping be thermoplastic. This is unusual on a small parking lot. Can we use normal parking lot striping paint? Answer: Paint is acceptable. 3. We typically see a stop sign and stop bar on the drive exit. Is a stop sign and stop bar required? Answer: Yes. 4. The slope on the north side of the drive way is noted as a 4:1 slope, but the contours actually reflect a 2:1 slope. A 4:1 slope would increase the “Limits of Disturbance” to outside the property boundary. Please confirm that a 2:1 slope is intended. Answer: Delete reference to 4:1 slope and insert 2:1. 5. The above-referenced 2:1 slope will drain directly onto the proposed drive. Only a two foot wide shoulder is shown. We believe this will cause maintenance problems, especially until vegetation is matured on the slope. Confirm that Owner does not want any drainage ditch or structures. Answer: Sheet C003 indicates a diversion ditch at the top of the slope. 6. No erosion control matting blankets are shown on this 2:1 slope. Does Owner require them? Answer: Matting should be provided. 7. The BID Form does not have an area to fill in our Bid amount. Will you issue another bid form, or should we write it in? Answer: Include the bid price on the revised Bid Submittal Form included with this addendum. ITB 14-PW4 Addendum #2 Page 3 of 3 [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] Bid Submittal Form Hopewell House Renovations 14-PW4 The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. The bidder is solely responsible for the accuracy of any information placed on this bid sheet. Clerical or mathematical errors are insufficient reason to void a successful bid; however, the bidder may withdraw a bid, in writing, prior to the established bid due date and time without penalty. Bidder hereby proposes and agrees, if this bid for the above named project is accepted, to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the ITB and the bid documents to be performed or furnished by bidder for the total contract price of: Total Base Bid Price (Lump Sum) $___________________________ Print Dollar Amount________________________________________ Bid Alternate No. 1 - Addition of Bride’s Room Toilet Add $_______________________ Bid Alternate No. 2 – Add Scheduled Loose Food Service Equipment Add $_______________________ Bid Alternate No. 3 – Add Scheduled Loose Furniture and Fixtures Add $_______________________ COMPANY___________________________________________________________________ ADDRESS____________________________________________________________________ AUTHORIZED SIGNATURE____________________________________________________ PRINT NAME ____________________________ TITLE ___________________________________ EXHIBIT “B” BID FROM CONTRACTOR °N°` °F._ ` CITY OF MILTON a INVITATION TO BID s� ir,r�tsitra�,cn., (THIS IS NOT AN ORDER) Bid Number: Project Name: 14-PW4 Hopewell House Renovations Due Date and Time: City of Milton April 29, 2014 Number of Pages: 49 Local Time: 2:00pm ,,$g ,,,, (PleaMsLe pr'nt eS d CtY 112> PresidEnt ISSUING DEPARTMENT INFORMATION Issue Date: March 17, 2014 City of Milton Public Works Department Phone: 678-242-2500 13000 Deerfield Pkwy, Suite 107G Fax: 678-242-2499 Milton, Ga. 30004 Website: www.cityofmiltonga.us INSTRUCTIONS TO BIDDERS Return Submittal to: Mark Face of Envelope/Package: Authorized Bidder Bid Number: 14-PW4 City of Milton 44 East TAbshington Street Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, Ga. 30004 Special Instructions• Deadline for Written Questions April 17, 2014, 5 pm Email questions to Rick Pearce at ,,$g ,,,, (PleaMsLe pr'nt eS d CtY 112> PresidEnt ric&pearce@cityofmi1tongaus BIDDERS MUST COMPLETE THE FOLLOWING Bidder Name/Address: Authorized Bidder Ebadley Constn ction Corporation Story: 44 East TAbshington Street xm Geor 30263 ,,$g ,,,, (PleaMsLe pr'nt eS d CtY 112> PresidEnt Bidder Phone Number: Bidder FAX Number: 770- 253-8027 770- 2B-8030 Bidder Federal I.D. Number: Bidder E-mail Address: .58-1112090 tchleadley@eadleWLmb=tion.can BIDDERS MUST RETURN THIS COVER SHEET WITH BID RESPONSE [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] (2 PAGES) BID FORM and ADDENDA ACKNOWLEDGEMENT TO: PURCHASING OFFICE CITY OF MILTON MILTON, GEORGIA 30004 Ladies and Gentlemen: In compliance with your Invitation To Bid, the undersigned, hereinafter termed the Bidder, proposes to enter into a Contract with the City of Milton, Georgia, to provide the necessary machinery, tools, apparatus, other means of construction, and all materials and labor, specified in the Contract Documents or as necessary to complete the Work in the manner therein specified within the time specified, as therein set forth, for: Bid Number 14-PW4 Hopewell House Renovations The Bidder has carefully examined and fully understands the Contract, Specifications, and other documents hereto attached, has made a personal examination of the Site of the proposed Work, has satisfied himself as to the actual conditions and requirements of the Work, and hereby proposes and agrees that if his bid is accepted, he will contract with the City of Milton in full conformance with the Contract Documents. Unless otherwise directed, all work performed shall be in accordance with the Georgia Department of Transportation Standard Specifications, Construction of Transportation Systems (current edition). All materials used in the process of completion of the work included in the Contract will be furnished from Georgia Department of Transportation certified suppliers only. It is the intent of this Bid to include all items of construction and all Work called for in the Specifications, or otherwise a part of the Contract Documents. In accordance with the foregoing, the undersigned proposes to furnish and construct the items listed in the attached plans for the lump sum price stated. The Bidder agrees that the cost of any work performed, materials furnished, services provided or expenses incurred, which are not specifically delineated in the Contract Documents but which are incidental to the scope, intent, and completion of the Contract, shall be deemed to have been included in the prices bid for the various items scheduled. The Bidder further proposes and agrees hereby to promptly commence the Work with adequate forces and equipment within ten (10) calendar days from receipt of Notice to Proceed and to complete all Work within two hundred seventy (270) calendar days from the Notice to Proceed. If weather affects the required completion schedule, The City and selected Bidder will negotiate a new completion date. 12) Attached hereto is an executed Bid Bond in the amount of 51'. of base bid Dollars ($ (Five Percent of Amount Bid). If this bid shall be accepted by the City of Milton and the undersigned shall fail to execute a satisfactory contract in the form of said proposed Contract, and give satisfactory Performance and Payment Bonds, or furnish satisfactory proof of carriage of the insurance required within ten days from the date of Notice of Award of the Contract, then the City of Milton may, at its option, determine that the undersigned abandoned the Contract and there upon this bid shall be null and void, and the sum stipulated in the attached Bid Bond shall be forfeited to the City of Milton as liquidated damages. Bidder acknowledges receipt of the following addenda: Addendum No. 1 2 Date viewed 05-05-2014 Bidder further declares that the full name and resident address of Bidder's Principal is as follows: Signed, sealed, and dated this 13 day of %Y , 2014 Bidder Isley Construction GXp. (Seal) Company Name Bidder Mailing Address: 44 Fast Tisl i ton Street Signature: Print Name: Nii_tcl-nll S. fey Title: President 13� '. [BIDDERS MUST RETURN THESE SHEETS WITH BID RESPONSE] (3 PAGES) BID BOND CITY OF NULTON, GEORGIA BIDDER (Name and Address): Headley Construction Corporation, P. O. Box 719, Newnan GA 30264 SURETY (Name and Address of Principal Place -of Business): Travelers Casualty and Surety Company of America, One Tower Square Hartford, CT 06183 OWNER (hereinafter referred to as the "City ' (Name and Address): City of Milton, Georgia Ai TN: Purchasing Office 13000 Deerfield Parkway, Suite 107G Milton, Georgia 30004 BID BID DUE DATE: May 13, 2014 Hopewell House Renovations: Barin BOND NUMBER DATE (Not later that Bid due date): May 13, 2014 PENAL SUM: Five Percent of Principal's Bod 5% (Words) (Figures) 1N WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby to the City, subject to the terms printed below or on the reverse side hereof do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent or representative. :_it!_ s_ Headley Construction Corporation (Seal) Bidder's Name and Corporate eal By: Pr12S. Signature and Title: Attest: Signature and Title: SURETY - Travelers Casualty and Surety Company of America (Seal) Surety's Name and Corporate Seal Signature and Title: Kevin M. Neidert, Attorney -in -Fact (Attach Power ofAtt ey� Attest k Signatured Title: Karen A. M hard, Witness 1 ote: (1) Above addresses are to be used for giving any notice required by the terms of this Bid Bond. (2) Any singular reference to Bidder, Surety, the City or any other party shall be 141Page 14-.PW4 considered plural where applicable. 1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to pay to the City upon Default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents. This obligation shall be null and void if. 3.1 The City accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents (or any extension of that time agreed to in writing by the City) the executed Agreement required by the Bidding Documents and any performance and payment Bonds required by the Bidding Documents; or 3.2 All Bids are rejected by the City; or 3.3 The City fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension of that time agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof). 4. Payment under this Bond will be due and payable upon Default by Bidder within 30 calendar days after receipt by Bidder and Surety of a written Notice of Default from the City, which Notice will be given with reasonable promptness and will identify this Bond and the Project and include a statement of the amount due. 5. Surety waives notice of, as well as any and all defenses based on or arising out of, any time extension to issue a Notice of Award agreed to in writing by the City and Bidder, provided that the total time, including extensions, for issuing a Notice of Award shall not in the aggregate exceed 120 days from Bid due date without Surety's written consent. b. No suitor action shall be commenced under this Bond either prior to 30 calendar days after the Notice of Default required in paragraph 4 above is received by Bidder and Surety or later than one year after Bid due date. 7. Any suitor action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of Georgia. S. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Certified .Mail, return receipt requested, postage pre -paid, and shall be deemed to be effective upon receipt by the party concerned. 9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliver such Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect. 11. The term "Bid" as used herein includes a Bid, offer or proposal, as applicable under the particular circumstances. 12. The terms of this Bid Bond shall be governed by the laws of the State of Georgia. 16 POWER OF ATTORNEY Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In -Fact No. 226756 Surety Bond No. or Project Description: Principal: Headley Construction Corporation Bid Bond Obligee: City of Milton, Georgia KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Betsy J. Holmes, Brian K. Hughes, Karen A. Maynard, Kevin M. Neidert, Michael L. Angel, Michael S. Brickner, P.D. Yates III, P.D. Yates Jr., Daniel Yates, Alan R. Yates, Gary Spuller, Marie M. Hartley, Robert N. Reynolds, Dana D. Rutledge Michael B. Dawson, and W. Barry Dawson of the City of Atlanta, State of Georgia, their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 7th day of June, 2013. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company ,[•Li.l �y �y� ,,,,,� t;*Y�c�U y��yv�o-pi 4 ,.:. a.. �}oyy�eq. y���'�j'�i 2 i all 4�• O { �r�/ f �1 2� it c� Flwh:FC�PG. ++f4�1'i1T{tl� i State of Connecticut City of Hartford ss. Robert L. Raney, Senior Vice President On this the 7th day of June, 2013, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. �.TET My Commission expires the 30th day of June, 2016.- e-� *c+ ��� Marie C. Tetreauit, Notary Public [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] QUALIFICATIONS SIGNATURE AND CERTIFICATION I certify that this offer is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. I understand collusive bidding is a violation of State and Federal Law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of the proposal and certify that I am authorized to sign this proposal for the proposer. I further certify that the provisions of the Official Code of Georgia Annotated, including but not limited to Title 32, Chapter 4, Article 4, Part 2 and Sections 45-10-20 et seq. have not been violated and will not be violated in any respect. Authorized Signature �a&l��Date 05-13-2014 Print/Type Name KtdmU S. lbadley Print/Type Company Name Here Ebad7-ey Construction Corporation CORPORATE CERTIFICATE I, A-Lita S. Filey , certify that I am the Secretary of the Corporation named as Contractor in the foregoing bid; that l ltd-pl l S. Isley who signed said bid in behalf of the Contractor, was then (title) President of said Corporation; that said bid was duly signed for and in behalf of said Corporation by authority of its Board of Directors, and is within the scope of its corporate powers; that said Corporation is organized under the laws of the State of Georgia , This 13 day of N y , M14 I , , , M."s IPA, ow. WUA 17 [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] LIST OF SUBCONTRACTORS I do -, do not , propose to subcontract some of the work on this project. I propose to Subcontract work to the following subcontractors: PluUng and Septic Systan: ElECtrical: H.V.A.C.: Painting: Grading: Paring: 1�palding Plurbirg ElEr-tric a• ••s• Air System Bcbby TaylorPainting BERS, itM:)ore Gzry Asphalt Company Name: i�ey Constrmtion Ctrporation 18 (BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE) EXHIBIT "F" CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E -Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: 177391 eVerify Number 01-08-2009 Date of Authorization Name of Contractor Hopewell House Renovations Name of Project City of Milton Name of Public Employer 19 I hereby declare under penalty of perjury that the foregoing is true and c ect. Executed on I y , 2014 ijbzew( ity), CA (stale). .11 ' ' �%Z' J Signature of Authorized Officer or Agent Mitdmll S. Handley, Ftesidmt Printed Name and Title of Authorized Officer or Agent SUBSCRIBEI�,AND SWORN BEFORE IGATHP 1f+tptry�i THIS THE 11 i� DAY OF e���`1%,lay 2o14 �' NOTARY PUBLIC [NOTARY SEAL] ^ y�y ' My Commission Expires: My Commission Expires April 19, 201 it [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] Bid Submittal Form Hopewell House Renovations 14-PW4 The undersigned, as bidder, declares and represents that it has examined the site of the work and informed himself/herself fully in regard to all conditions pertaining to the place where the work is to be performed, including those conditions affecting the cost of the work and the delivery, handling and storage of materials and equipment. The bidder has examined and read the Bidding Document and has satisfied himself/herself that the Bidding Document is an adequate and acceptable reflection of the work which is required to be performed and that the bidder is willing and able to perform all of the work necessary. The bidder further certifies that no additional information is required to complete the work encompassed by this bid within the cost and schedule established and agreed upon within this bidding document. The bidder is solely responsible for the accuracy of any information placed on this bid sheet. Clerical or mathematical errors are insufficient reason to void a successful bid; however, the bidder may withdraw a bid, in writing, prior to the established bid due date and time without penalty. Bidder hereby proposes and agrees, if this bid for the above named project is accepted, to enter into a contract to perform all work necessary to the successful completion of the contract; and to supply all required submittals as indicated or specified in the ITB and the bid documents to be performed or furnished by bidder for the total contract price of: Total Base Bid Price (Lump Sum) $ SJ ( 060 . 00 Print Dollar Amount FW RutJN76b LI6(4YY' 0 N C1 TiDuSA'Nb d- 100 Bid Alternate No. 1 - Addition of Bride's Room Toilet Add $ 5,800.OD Bid Alternate No. 2 — Add Scheduled Loose Food Service Equipment Add $ ( ?, 50 0 , 0 v Bid Alternate No. 3 — Add Scheduled Loose Furniture and Fixtures Add $— Z8 000.00 COMPANY fey Cbnst=tion GDrporatian ADDRESS 44 Fast jhshingtan Street,/fNazm, a 30263 AUTHORIZED SIGNATURE 4g/&/ � PRINT NAME Mitchell S. jbk ey _ TITLE president ITB 14-PW4 Addendum #2 Page 3 of 3 [BIDDERS MUST RETURN THIS SHEET WITH BID RESPONSE] DISCLOSURE FORM This form is for disclosure of campaign contributions and family member relations with City of Milton officials/employees. Please complete this form and return as part of your bid package when it is submitted. Name of Bidder Isley CDnSt lr-t10n Cprporation Name and the official position of the Milton Official to whom the campaign contribution was made (Please use a separate form for each official to whom a contribution has been made in the past two (2) years.) WA List the dollar amount/value and description of each campaign contribution made over the past two (2) years by the Applicant/Opponent to the named Milton Official. AmountNalue Description MM Please list any family member that is currently (or has been employed within the last 9 months) by the City of Milton and your relation: 12 ,, 211 Vz , „ ACKNOWLEDGEMENT RECEIPT OF ADDENDUM 41 ITB 14-PW4 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, GA 30004 Phone: 678-242-2511 Fax: 678-242-2499 Email: rick. earce(- citvofmiltonga.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: Isley CbnsbnLntion Cbgnration CONTACT PERSON: �itd-ell- S. [badl-ey ADDRESS: 44 Fast 4bshington Street CITY: Naxm STATE: Chorda ZIP: 30263 PHONE: 770-253-8027 FAX: 770-253-803D EMAIL ADDRESS: rriitdiradley@madley isU-Lction.can Signature ADDENDUM #1 Date ITB 14-PW4 Addendum #1 Pagel of 5 ACKNOWLEDGEMENT RECEIPT OF ADDENDUM #2 ITB 14-PW4 Upon receipt of documents, please email, fax or mail this page to: City of Milton Attn: Rick Pearce, Purchasing Office 13000 Deerfield Pkwy Suite 107G Milton, GA 30004 Phone: 678-242-2511 Fax: 678-242-2499 Email: rick. earcer>,cit,�rofmiltoncaa.us I hereby acknowledge receipt of documents pertaining to the above referenced ITB. COMPANY NAME: EL -a ey Constn--tion 0 rporation CONTACT PERSON: Mitchell S. Isley ADDRESS: 44 East WLshington Street CITY: NavTm STATE: Georgia ZIP: 3n2Ei3 PHONE: 770-2538027 EMAIL ADDRESS: Signature ADDENDUIYI #2 FAX: 770-2538030 05-13-2014 Date ITB 14-PW4 Addendum #2 Pagel of 3 Client#: 67753 50HEADLEYCON ACORD,,, CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 5/08/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the Policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate, does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER J Smith Lanier & Co of Newnan P. O. Box 71429 Newnan, GA 30271-1429 CONTACT NAME: Karen Sexton PHONE 770 683-1000 FAX 770 683-1010 AIC Ext : A/C, No IL E-MAIL ksexton@jsmithlanier.com INSURERS) AFFORDING COVERAGE NAIC # 770 683-1000 INSURER A: Westfield Insurance Company 24112 INSURED Headley Construction Corp. INSURER B: Hanover Insurance 22292 INSURER C : P.O. Box 719 INSURERD: Newnan, GA 30264 INSURER E : 08/01/2014 INSURER F ; VIVIY IYVIYIVCR. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUB WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS A GENERAL LIABILITY X X TRA0595706 8/01/2013 08/01/2014 EACH OCCURRENCE $1 000000 X COMMERCIAL GENERAL LIABILITY a PREMISES Ea EccurDe $500,000 MED EXP (Any one person) $5,000 CLAIMS -MADE OCCUR X PD Ded:1,000 PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 POLICY X jE LOC A AUTOMOBILE LIABILITY TRA0595706 8/01/2013 08/01/201 Ee aocdeDtSINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE $ X rive Oth Car Per accident $ A X UMBRELLA LIAB X OCCUR TRA0595706 8/01/2013 0810112014 EACH OCCURRENCE $10,000,000 EXCESS LIAB CLAIMS -MADE AGGREGATE $10.900 000 DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WC ST TU- OTH- IIQBYLIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? ❑ N / A E.L. EACH ACCIDENT $ Mandatory In N If yes, describe under E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below B Equipment IHA5993821 8/01/2013 08/01/2014 Per Schedule on File B Rented/Leased $100,000 Limit B Builders Risk IHA5993821 8/01/2013 08/01/2014 $6,000,000 Limit DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Hopewell House Renovations, Milton, Georgia City of Milton, Georgia 13000 Deerfield Pkwy, Suite 107G Alpharetta, GA 30004 VI Jx SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1998-2`010 ACORD CORPORATInN All rinhf. roomer. 4 ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S2265227/M1982762 KYS AGENCY CUSTOMER ID: 50HEADLEYCON LOC #: ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY J. Smith Lanier & Co NAMED INSURED y Construction Headle CCorp. Co POLICY NUMBER Various CARRIER Various NAIC CODE EFFECTIVE DATE. Various THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Additional Insured GL On -Going per carrier form CG 2010 (4/13) Additional Insured GL Completed Operations per carrier form CG 2037 (4/13) Primary and Non -Contributory GL per carrier form CG 2001 (4/13) Waiver of Subrogation GL per carrier form CG 7137 (11/12) Notice of Cancellation per carrier form IL 7035 Additional Insured and Waiver of Subrogation AL per carrier form CA 7077 (9/11) ra%.Umu IU] tzUU0JU 1i © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: TRA 0595706 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1*4 l:l011111IN Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations All persons or organizations when you have All Locations agreed in writing in a contract or agreement that such persons or organizations be added as an additional insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or 'personal and adver- tising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing oper- ations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent per- mitted by law; and 2. If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following addi- tional exclusions apply: This insurance does not apply to "bodily in- jury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or or- ganization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Declarations. O Insurance Services Office, Inc., 2012 CG 20 10 04 13 POLICY NUMBER: TRA 0595706 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) And Description Of Covered Operations All persons or organizations when you have All Locations agreed in writing in a contract or agreement that such persons or organizations be added as an additional insured. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location desig- nated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent per- mitted by law; and 2. If coverage provided to the additional in- sured is required by a contract or agree- ment, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the ap- plicable Limits of Insurance shown in the Declarations. © Insurance Services Office, Inc., 2012 CG 20 37 04 13 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insur- ance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a con- tract or agreement that this insur- ance would be primary and would not seek contribution from any other insurance available to the additional insured. 0 Insurance Services Office, Inc., 2012 CG 20 01 04 13 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WBSTFTOLD SERIES srn COMMERCIAL GENERAL LIABILITY CONTRACTORS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Coverage afforded under this expanded coverage endorsement does not apply to any person or organ- ization covered as an additional insured on any other endorsement now or hereafter attached to this Coverage Form. SCHEDULE The coverage provided by this endorsement is summarized below and is intended to provide a general coverage description only. For the details effecting each coverage please refer to the terms and condi- tions in this endorsement. A. Expected or Intended Injury • Reasonable force B. Liquor Liability Coverage Extension C. Non -Owned Watercraft • Increased to 60 feet D. Non -Owned Aircraft E. Damage To Property - Borrowed Equipment F. Damage To Premises Rented To You G. Personal And Advertising Injury Contractual Personal and Advertising Injury Exclusions H. Supplementary Payments • Bail Bonds - $2,500 • Loss of Earnings - $1,000 1. Additional Insureds - Automatic Status • State or Governmental Agency or Subdivision or Political Subdivision Controling Interest • Managers or Lessors of Premises • Mortgagee, Assignee or Receiver • Owners or Other Interests From Whom Land Has Been Leased • Co -Owners of Insured Premises • Lessor of Leased Equipment J. Who Is An Insured broadened • Joint Ventures / Partnership / Limited Liability Company • Health Care Professionals (Incidental Medical Malpractice) • Individual Owners of Building are Insured's • Newly Formed or Acquired Entities K. Knowledge and Notice of Occurrence L. Other Insurance Condition Amended M. Unintentional Failure To Disclose Hazards N. Waiver of Transfer Of Rights Of Recovery Against Others To Us - Automatic Status O. Liberalization P. Definitions • Bodily Injury redefined • Insured Contract redefined • Expanded Personal and Advertising Injury definition A. EXPECTED OR INTENDED INJURY Under SECTION 1, COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE exclusion a. is replaced with the following: a. Expected Or Intended Injury "Bodily Injury" or "property damage" expected or intended from the standpoint of the insured. This ex- clusion does not apply to "bodily in- jury" or "property damage" resulting from the use of reasonable force for the purpose of protecting persons or property. CG 7137 11 12 Page 1 of 7 B. LIQUOR LIABILITY COVERAGE EXTENSION SECTION 1, COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Item 2. Exclusions c. Liquor Li- ability is deleted. C. NON -OWNED WATERCRAFT Under SECTION 1, COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Item 2. Exclusions g.2(a) is re- placed with the following: (a) Less than 60 feet long; and D. NON -OWNED AIRCRAFT Under SECTION 1, COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Item 2. Exclusions g. Aircraft, Auto or Watercraft, the following is added: (6) An aircraft you do not own pro- vided that: (a) The pilot in command holds a currently effective certif- icate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airline transport pilot; (b) It is rented with a trained, paid crew; and (c) It does not transport per- sons or cargo for a charge. E. DAMAGE TO PROPERTY - BORROWED EQUIPMENT Under SECTION 1, COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Item 2. Exclusions j. is deleted and replaced by the following: j. Damage To Property: (1) Property you own, rent or oc- cupy; (2) Premises you sell, give away or abandon, if the "property dam- age" arises out of any part of those premises; F (3) Property loaned to you; (4) Personal property in the care, custody or control of the in- sured; (5) That particular part of any real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing op- erations, if the "property dam- age" arises out of those operations; or (6) That particular part of any real property that must be restored, replaced, or repaired because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to: (I) "property damage" to tools or equipment loaned to you if the tools or equipment are not being used to per- form operations at the time of loss; or (ii) "property damage" (other than damage by fire) to premises rented to you or temporarily occupied to you with the permission of the owner or to the con- tents of premises rented to you for a pe- riod of seven (7) or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as de- scribed in Section III - Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were not occupied, rented or held for rental by you beyond one year from the date "your work" was completed. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclu- sion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard." DAMAGE TO PREMISES RENTED TO YOU Under SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Item 2. Exclusions, the last para- graph of Item 2. Exclusions is replaced with the following: Exclusion c. through n. do not apply to dam- age by fire or explosion to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - LIMITS OF INSUR- ANCE. CG 7137 11 12 Page 2 of 7 G. PERSONAL AND ADVERTISING INJURY Under SECTION 1, COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LI- ABILITY, Item 2. Exclusions e. Contractual Liability is deleted. Under SECTION I - COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY LI- ABILITY, the following are added to Item 2. Exclusions: q. Discrimination Relating To Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub -lease or prospective sale, rental, lease or sub -lease of any room, dwelling or premises by or at the direction of any insured. r. Fines or Penalties Fines or penalties levied or imposed by a governmental entity because of discrimination. H. SUPPLEMENTARY PAYMENTS Under SECTION 1 - SUPPLEMENTARY PAY- MENTS COVERAGES A AND B, item 1.b. is replaced with the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the "Bodily Injury" Liability Coverage applies. We do not have to furnish these bonds. Under SECTION I - SUPPLEMENTARY PAY- MENTS COVERAGES A AND B, item 1.d. is replaced with the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $1,000 a day because of time off from work. ADDITIONAL INSUREDS - AUTOMATIC STA- TUS SECTION li - WHO IS AN INSURED is amended to include as an insured any person or organization (called additional insured) described in paragraphs a. through g. below whom you are required to add as an addi- tional insured on this policy under a written contract or written agreement. However the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of the policy; and 2. Executed prior to the "bodily injury", "property damage" or "personal injury and advertising injury", but Only the following persons or organizations are additional insureds under this endorse- ment and coverage provided to such addi- tional insureds is limited as provided herein: a. State or Governmental Agency or Subdivision or Political Subdivisions A state or governmental agency or subdivision or political subdivision subject to the following provisions: (1) This insurance applies only with respect to the following hazards for which the state or govern- mental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies; (a) The existence, repair main- tenance, erection, con- struction, or removal of advertising signs, awnings canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar ex- posures; or (b) The construction, erection, or removal of elevators. (2) This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or poli- tical subdivision has issued a permit or authorization. This insurance does not apply to "bodily injury", "property dam- age" or "personal and advertis- ing injury" arising out of operations performed for the federal government, state or municipality. b. Managers or Lessors of Premises A manager or lessor of premises but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the premises leased to you and subject to the following additional exclu- sions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises; or CG 7137 11 12 Page 3 of 7 (2) Structural alterations, new con- struction or demolition oper- This insurance does I ations performed by or on (1) To any "occurrence" which behalf of such additional in- takes place after the equipment sured. lease expires; or c. Mortgagee, Assignee or Receiver (2) To "bodily injury', "property A mortgagee, assignee or receiver damage", or "personal and ad - but only with respect to their liability vertising injury" arising out of as mortgagee, assignee or receiver the sole negligence of such ad - and arising out of the ownership, ditional insured. maintenance, or use of a premises by you. Any insurance provided to an addi- tional insured designated under par - This insurance does not apply to agraphs a. through f. above does not structural alterations, new con- apply to "bodily injury" or "property struction or demolition operations damage" included within the "pro - performed by or for such additional ducts -completed operations hazard". insured. d. Owners Or Other Interests From Whom Land Has Been Leased An owner or other interest from who land has been leased by you but only with respect to liability arising out of the ownership, maintenance or use of that specific part of the land leased to you and subject to the fol- lowing additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to lease that land; or (2) Structural alterations, new con- struction or demolition oper- ations performed by or on behalf of such additional in- sured. e. Co-owner of Insured Premises A co-owner of a premises co -owned by you and covered under this in- surance but only with respect to the co-owners liability as co-owner of such premises. f. Lessor of Equipment Any person or organization from whom you lease equipment. Such person or organization are insureds only with respect to their liability arising out of the maintenance, op- eration or use by you of equipment leased to you by such person or or- ganization. A person's or organization's status as an insured under this endorse- ment ends when their written con- tract or written agreement with you for such leased equipment ends. With respect to the insurance af- forded these additional insureds, the following exclusions apply: As respects the coverage provided under this provision, Paragraph 4.b.(1) of Section IV - Commercial General Liability Conditions is deleted and replaced with the following: 4. Other Insurance b. Excess insurance (1) This insurance is excess over: Any other insurance naming the additional insured as an insured whether primary, excess, con- tingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and non-contributing. Where re- quired by written contractor written agreement, we will con- sider any other insurance main- tained by the additional insured for injury or damage covered by this endorsement to be excess and non-contributing with this insurance. J. WHO IS AN INSURED BROADENED Under SECTION 11 - WHO IS AN INSURED the following is added to item 1: f. Joint Ventures 1 Partnership I Lim- ited Liability Company Coverage You are an insured when you had an Interest in a joint venture, partner- ship or limited liability company which is terminated or ended prior to or during this policy period but only to the extent of your interest in such joint venture, partnership or limited liability company. This cov- erage does not apply: (1) Prior to the termination date of any joint venture, limited liability company or partnership; or CG 7137 11 12 Page 4of7 (2) If there is other valid and collectible insurance purchased specifically to insure the joint venture, legal liability company or partnership. Under SECTION 11 - WHO IS AN INSURED, 2.a.(1)(d) is deleted and replaced with the fol- lowing: (d) Arising out of his or her providing or failing to pro- vide professional health care services. This does not apply to nurses, emergency medical technicians or paramedics employed by you to provide health care services, but only if you are not in the business or occupation of providing such professional services. Under SECTION 11 - WHO IS AN INSURED the following is added: 4. For COVERAGE A and COVERAGE B only, the owner of any building leased to you, but only if the building owner is a shareholder in your corporation or a partner in your partnership insured by this policy, and only with respect to li- ability arising out of the ownership, maintenance or use of that part of the premises leased to you. However, this insurance does not apply: a. To any "occurrence" or offense which takes place after you cease to be a tenant in the premises; or b. To structural alterations, new con- struction or demolition operations performed by or on behalf of the building owner. Under SECTION 11 - WHO IS AN INSURED, 3.a. is deleted and replaced with the following: a. Coverage under this provision is af- forded only until the end of the policy period or the next anniversary of this policy's effective date after you ac- quire or form the organization whichever is earlier. Under SECTION 11 - WHO IS AN INSURED the last paragraph in this section is deleted and replaced with the following: Except as provided in 3. above, no per- son or organization is an insured with respect to the conduct of any current or past joint venture, limited liability com- pany or partnership that is not shown as a named insured in the Declarations. K. KNOWLEDGE AND NOTICE OF OCCURRENCE Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 2. Duties in the Event of Occurrence, Offense, Claim Or Suit, the following is added: e. The requirement in Condition 2.a. applies only when the "occurrence" or offense is known to: (1) You, if you are an individual; (2) A partner, if you are a partner- ship; (3) An "executive officer" or insur- ance manager, if you are a cor- poration; or (4) A manager, if you are a limited liability company. f. The requirement in Condition 2.15. will not be breached unless the breach occurs after such claim or "suit" is known to: (1) You, if you are an individual; (2) A partner, if you are a partner- ship; (3) An "executive officer" or insur- ance manager, if you are a cor- poration; or (4) A manager, if you are a limited liability company. g. Your rights under this Coverage Part will not be prejudiced if you fail to give us notice of an "occurrence," offense, claim, or "suit" and that failure is solely due to your reason- able belief that the "bodily injury" or "property damage" is not covered under this Coverage Part. However, you shall give written notice of this "occurrence," offense, claim, or "suit" to us as soon as you are aware this insurance may apply to such "occurrence," offense, claim or "suit." L. OTHER INSURANCE CONDITION AMENDED When required by written contract with any additional insured owner, lessee, or contrac- tor to provide insurance on a primary and noncontributory basis, Condition 4 of Section IV - Commercial General Liability Conditions is deleted and replaced by the following: 4. Other Insurance If other valid and collectible insurance is available for a loss we cover under Cov- erage A or B of this Coverage Part, our obligations are limited as follows: CG 7137 11 12 Page 5 of 7 a. Primary Insurance This insurance is primary and non- contributory except when b. below applies. b. Excess Insurance This insurance is excess over any of the other insurance, whether pri- mary, excess, contingent, or on any other basis: (1) That is Fire, Extended Coverage, Builders Risk, Installation Risk, or similar coverage for your work; (2) That is Fire insurance for prem- ises rented to you or temporar- ily occupied by you with permission of the owner; or (3) If the loss arises out of the maintenance or use of aircraft, "autos," or watercraft to the ex- tent not subject to Exclusion g. of Section I - Coverage A. (4) If the loss is caused by the sole negligence of any additional in- sured, owner, lessee, or con- tractor. When this insurance is excess, we will have no duty under Coverage A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit." If no other defends, we will undertake to do so, but we will be entitled to the other insured's rights against all those other insur- e rs. When this insurance is excess over other insurance, we will pay only our share of the amount of loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductibles and self-insured amounts under all that other insurance. We will share the remaining loss, if any with any other insurance that is not described in this Excess Insur- ance provision and was not bought specifically to apply in excess of the limits of Insurance shown in the declarations of this Coverage Part. M. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, item 6. Representa- tions, the following is added: d. Your failure to disclose all hazards or prior "occurrences" existing as of the inception date of this policy shall not prejudice the coverage afforded by this policy, provided such failure to disclose all hazards or prior "oc- currences" is not intentional. N. WAIVER OF TRANSFER OF RIGHTS OF RE- COVERY AGAINST OTHERS TO US - AUTO- MATIC STATUS Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, item 8. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following: We waive any right of recovery we may have against any person or organization with re- spect to which the insured has waived its right of recovery. It is further agreed that work commenced un- der letter of intent or work order, subject to subsequent reduction to writing, with cus- tomers whose customary written contracts would require a waiver of recovery rights against them also falls within this blanket waiver of recovery rights. O. LIBERALIZATION If we adopt a change in our forms or rules which would broaden coverage for contrac- tors under this coverage form without an ad- ditional premium charge, your policy will automatically provide the additional cover- age's as of the date the broadened coverage is effective in your state. P. DEFINITIONS Under SECTION V - DEFINITIONS, item 3. is deleted and replaced with the following: 3. "Bodily Injury" means bodily injury, disa- bility, sickness, or disease sustained by a person, including death resulting from any of these at any time. "Bodily injury" includes mental anguish or other mental injury resulting from "bodily injury". Under SECTION V - DEFINITIONS, item 9. is deleted and replaced with the following: 9. "Insured Contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indem- nifies any person or organization for damage by fire to premises while rented to you or temporarily occu- pied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; CG 7137 11 12 Page 6of7 d. An obligation, as required by ordi- nance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agree- ment; f. That part of any other contract or agreement pertaining to your busi- ness (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort li- ability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f, does not include that part of any contract or agreement: them, if that is the primary cause of the injury or dam- age; or (2) Under which the insured if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services in- cluding those listed in (1) above and supervisory, inspection, ar- chitectural or engineering, ac- tivities. Under SECTION V - DEFINITIONS, item 14. the following is added to the definition of "Personal and advertising injury": h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such dis- crimination or humiliation is: (1) That indemnifies an architect, (1) Not done intentionally by or at the direction of: engineer, or survey or for injury or damage arising out of: (a) The insured; or (a) Preparing, approving or (b) Any "executive officer", director, failing to prepare or ap- stockholder, partner, member prove, maps, shop or manager (if you are a limited drawings, opinions, reports, liability company) of the insured; surveys, field orders, change orders or drawings (2) Not directly or indirectly related to and specifications; or the employment, prospective em- ployment, past employment or ter - (b) Giving directions or in- mination of employment of any structions, or failing to give person or persons by any insured. CG 7137 11 12 Page 7of7 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WESTrIELD /ey,-�VWSERIES SM BUSINESS AUTO ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE The coverage provided by this endorsement is summarized below and is intended to provide a general coverage description only. For the details affecting each coverage, please refer to the terms and condi- tions in this endorsement. A. Who Is An Insured broadened: • Additional Insured by Contract, Agreement or Permit • Legally Incorporated Subsidiaries • Newly Acquired Organizations B. Supplementary Payments • Bail Bonds - $5000 • Loss of Earnings - $500 C. Fellow Employee Exclusion Amendment D. Coverage Extensions • Transportation Expenses • Personal Effects (Excess Basis) E. Additional Coverages • Expenses paid for returning a stolen covered auto • Fire Department Service Charge F. Airbag Coverage - Accidental Discharge G. Glass Repair - Waiver of Deductible H. Knowledge and Notice of an Accident, Claim or Suit 1. Unintentional Failure To Disclose Hazards J. Worldwide Coverage K. Definitions • Bodily Injury Redefined In addition to the policy amendments contained in A. through K. listed above, the endorsements listed below will automatically be attached to your policy to complete the coverage provided by the Signature Series Business Auto Endorsement: • Audio, Visual and Data Electronic Equipment Coverage Added Limits - CA 99 60 • Auto Loan/Lease Gap Coverage - CA 20 71 • Drive Other Car Coverage - Broadened Coverage For Named Individuals - (Executive Officers/Spouses) - CA 99 10 • Employee Hired Autos - CA 20 54 • Employees As Insureds - CA 99 33 • Hired Auto Physical Damage (Refer to Auto Declarations page) • Rental Reimbursement Coverage - CA 99 23 • Waiver of Transfer of Rights of Recovery (Waiver of Subrogation) - CA 04 44 A. WHO IS AN INSURED BROADENED SECTION 11 - LIABILITY COVERAGE, item A. Coverage, 1. Who Is An Insured is amended to include the following additional para- graphs: d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the ef- fective date of this endorsement. However, "insured" does not include any subsidiary that is an "insured" under any other liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limit of insurance. CA 70 77 09 11 Page 1 of 3 [L3 Coverage under this provision is af- forded only for the first 180 days af- ter you acquire or form the organization or until the end of the policy period, whichever comes first. C. FELLOW EMPLOYEE EXCLUSION AMEND- MENT e. Any organization you newly acquire or form, other than a partnership or D joint venture, and over which you maintain ownership or a majority in- terest. However, coverage under this provision: (1) Does not apply if the organiza- tion you acquire or form is an "insured" under another auto li- ability policy or would be "in- sured" under such a policy but for its termination or the ex- haustion of its limits of insur- ance; (2) Does not apply to "bodily injury" or "property damage" that oc- curred before you acquired or formed the organization; and (3) Is afforded only for the first 180 days after you acquire or form the organization or until the end of the policy period, whichever comes first. f. Any person or organization with whom you agreed in writing in a contract, agreement or permit, to provide insurance such as is af- forded under this policy. This provision only applies if the written contract or agreement has been executed or permit has been issued, prior to the "bodily injury" or "property damage". SUPPLEMENTAL PAYMENTS SECTION 11 - LIABILITY COVERAGE, item A. Coverage, 2. Coverage Extensions, a. Sup- plementary Payments, subparagraphs (2) and (4) are deleted and replaced with the follow- ing: (2) Up to $5,000 for cost of bail bonds (including bonds for re- lated traffic law violations) re- quired because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses in- curred by the "insured" at our request, including actual loss of earnings up to $500 per day be- cause of time off from work. SECTION If - LIABILITY COVERAGE, item B. Exclusions, S. Fellow Employee does not ap- ply if the "bodily injury" results from the use of a covered "auto" you own or hire. COVERAGE EXTENSIONS SECTION III - PHYSICAL DAMAGE COVER- AGE, Item A. Coverage, 4. Coverage Exten- sions, a. Transportation Expenses is replaced with the following: a. Transportation Expenses We will pay up to $100 per day to a maximum of $1,800 for transporta- tion expense incurred by you be- cause of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". The following is added to Item 4. Cover- age Extensions; c. Personal: Effects We will pay up to $500 for the "loss" of your personal effects that are contained in a covered "auto" due to the total theft of the covered "auto." We will pay only for those personal effects that are contained in covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. Our payment for "loss" of or damage to personal effects will apply only on an excess basis over other collect- ible insurance. E. ADDITIONAL COVERAGES SECTION III - PHYSICAL DAMAGE COVER- AGE, A. Coverage, is amended to include the following additional coverage items: S. We will pay the expense of returning a stolen covered "auto" to you. 6. Fire Department Service Charge When a fire department is called to save or protect a covered "auto", its equip- ment, its contents or occupants from a Covered Cause Of Loss, we will pay up to $1,000 for your liability for Fire De- partment Service Charges: CA 70 77 09 11 Page 2 of 3 (a) Assumed by contract or agreement prior to loss; or (b) Required by local ordinance. No deductible applies to this additional coverage. F. AIRBAG COVERAGE - ACCIDENTAL DIS- CHARGE SECTION 111 - PHYSICAL DAMAGE COVER- AGE, Item B. Exclusions, subparagraph 3.a. is deleted and replaced with the following: a. Wear and tear, freezing, mechanical or electrical breakdown. Mechanical breakdown does not ap- ply to the accidental discharge of an airbag. G. GLASS REPAIR - WAIVER OF DEDUCTIBLE SECTION III - PHYSICAL DAMAGE COVER- AGE, item D. Deductible the following para- graph is added: No deductible shall apply to glass dam- age if the glass is repaired rather than replaced. H. KNOWLEDGE AND NOTICE OF AN ACCI- DENT, CLAIM OR SUIT SECTION IV - BUSINESS AUTO CONDITIONS, Item A. Loss Conditions is amended as fol- lows: Subparagraph a. under Item 2. Duties In The Event Of Accident, Claim, Suit Or Loss, is amended to include the following paragraphs: This requirement applies when the "accident," claim, "suit" or "loss" is first known to: (1) You, if you are an individual; (2) A partner, if you are a partner- ship; or (3) An executive officer or insur- ance manager, if you are a cor- poration. Subparagraph b.(2) under 2. Duties In The Event Of Accident, Claim, Suit Or Loss is amended as follows: (2) Immediately send us copies of any request, demand, order, notice, summons or legal paper received concerning the claim or "suit." Your employees may know of documents received concerning a claim or 'suit". This will not mean that you have such know- ledge, unless receipt of such documents is known to you, any of your executive officers or partners or your insurance manager. I. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under SECTION IV - BUSINESS AUTO CON- DITIONS, B. General Conditions, 2. Concealment, Misrepresentation Or Fraud is amended to include the following additional paragraph: If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Part because of such failure. J. WORLDWIDE COVERAGE Under SECTION IV - BUSINESS AUTO CON- DITIONS, B. General Conditions, 7. Policy Period, Coverage Territory, subparagraph (5) is deleted and replaced with the following: (5) Anywhere in the world, if: (a) A covered 'auto" of the private passenger type is leased, hired, rented or borrowed without a driver for a period of 45 days or less; and (b) The "insured's" responsibility to pay damages is determined in a "suit" on the merits, in the United States of America, Puerto Rio or Canada or in a settlement we agree to. (c) If, for such "autos" a "suit" is brought outside the territory de- scribed in 7.(1) through 7.(4) above, we will reimburse the insured for defense expenses incurred with our written con- sent, but we will make no pay- ment, nor will we reimburse the insured for damages. K. DEFINITIONS Under SECTION V - DEFINITIONS, Item C. is replaced by the following: C. "Bodily injury" means bodily injury, sick- ness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. Bodily injury" includes mental anguish or other mental injury resulting from "bodily injury". CA 70 77 09 11 Page 3 of 3 POLICY NUMBER: TRA0595706 INTERLINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: COMMERCIAL AUTO COVERAGE PART CRIME AND FIDELITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE Number of Days' Notice 30 SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations City of Milton, Georgia 13000 Deerfield Pkwy, Suite 107G Alpharetta, GA 30004 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condi- tion or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. Copyright, Insurance Services Office, Inc., 1992 IL 70 35 09 12 /�/'� ('f 'r',C .(%/�'.r' r�'tt�(r.�{E .�`T��J.rr�,.}off ,{�y�.�.}/'�c - '.ACORD c-.. VLR IFICA1r.'O tiABILFr i INSUR7 NCE , '. - DATE. (AmINDIYY) .. 05/08/14 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS AFFINITY SERVICE GROUP, INC. NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, 1940 THE EXCHANGE EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. SUITE 200 ATLANTA, GEORGIA 30339 INSURERS AFFORDING COVERAGE 298- 1880 OR I-800.233-2436 AX: F678-298-.1881 FAX INSURED INSURER A: COMPTRUSTAGC MUTUAL CAPTIVE INSURANCE COMPANY COMPrRUSTAGC MUTUAL CAPTIVE INSURANCE COMPANY INCLUDING AS A MEMBER: INSURER B: Headley Construction Co. INSURER C: P. O. Box 719 Newnan GA 30264 .;i INSURER D: 770-253-8027 INSURER E: Member Number: WC21. '.. .. COVERAGES .... - THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF ViSUR\.NCE POLICY NUNHIER POUCY EFFECnVE POUCY ECPIRAIION UN_ LTR DATE(NiNVDD/YY) DATE GENERAL LL\BIIr1Y EACIf OCCURRENCE $ COMMERCL\LGFNERAL UADIUT\' CLAIMS E1ADE OCCUR FIRE DANL\GE(AnJnm pre) $ NEED FCP (An, me peewn) $ PERSONAL&ADV LNJURY S ,oe GENERALAGGREGATE S GEN-LAGGREGA EMINAPPIJESPER: PRODUCTS -CONINOP AGG ,$ POIJCY PROTECT LOCATION AIITOAfOB11.Y. WDIIIII' CONIDINED SINGLE IJNIIT (Ea $ BODILY NJURY D- INJURY .U.L OWNED AUTOS JA1YAU`I0 SCHEDULED AUTOS (Per pe,wn) S BODMY WJURY HIRED AUTOS NON -AIRED AUTOS (Per aniden0 S PROPERTY DA IAGE (Per.erwmD S GARAGE UABU.HY AUTOONLY-EAACCIDEW $ ANY AUIO OTkiER TITAN MAI $ AUTOONLY: pGG $ F_\CESB WDILITY EACH OCCURRENCE s OCCUR ®CLUNIS MADE AGGREGATE $ $ DEDUCIIDLE $ RETENTION IYORKEMPW X WCSTATUTORYLLNIUS OTHER VERSCOMPENB.\TION.Wp ENPLORS' WBIUIY EI. EACH ACCIDENT STATUTORY A 14 WC21 1/1/2014 1/1/2015 ELIRSL\SE-EAENIPIAYEE STATUTORY Li, DISEASE -POLICY Miff STATUTORY \VONRF.RS COMPENSATION AND X WCNTATUTORYUMrIS OTHER ENIPIAYEW HARI- LL EACH ACCIDENT S1,000,000 Ed- DISEASE -EN ENIPLOYEE $1000000 OTHER EL DISEASE-POUCY LL ITT 1$1,000,000 DESCRIPTIONOFOPER.\TIONSHA>CATI 'N EUICLESfEECLUSIONS ADDED BY ENDORSEMENTMI'MI\L PROVISIONS Project: Hopewell House Renovations Milton, Georgia Reinsurance provided by Max Bermuda Ltd. (A -Excellent XIII) and Safetv National Casualtv Corporation (A Excellent IX) CEI2'I'tk'ICATEHbilbER '-%- . ,. _: CAMCEOT;ATFON .-. __ .•^,+ .. , �. . is ,k „-, _ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER City of Milton, Georgia WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO 13000 Deerfield Pkwy, Suite 107G SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY HIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES Milton, Georgia 30004 AUTHORIZED REPRESENTATIVE H11 pavm� Jody Patterson Aa>wrz�so+e7) , A1:PRF;<ARNaRATRIDI988 STATE OF GEORGIA BRIAN P. KEMP, Secretary of State State Licensing Board for Residential/General Contractor General Contractor Company LICENSE NO.. GCCO000783 Headley Construction Corporation 44 East.Washington Street Newnan ,GA . "30263 Qualifying Agent: Mitchell Stewart Headley Qualifying Agent License NO: GCQA001020 EXPIRATION DATE - 06/30/2014 Active 2329494 Above is your license issued by the Georgia State Board of Residential and General Contractors. A pocket -sized license card is below. Please make note of the expiration date on -your license: It is your responsibility to renew your license before it expires. License renewals may be conipleted prior'to the'expiration date via the Board's website or by obtaining a paper renewal from the Board office. Reminder: It is your responsibility to keep your msurance.current—Please provide the Board with a copy of your Certificate of Insurance each time your'insurance,is:renewe d.The Board. does receive copies of cancellation notices which will affect the status of your license It is the licensee's responsibility to notify the board office immediately of any change of name or address. You may update your address online at the board's website at www sos.g_i gov/plb/contractors/ . You may contact the Board at GEORGIA STATE BOARD FOR RESIDENTIAf , & GENERAh CONTRACTORS 237 COLISEUM DRIVE, MACON. GEORGIA 3.121;7-3858 478-207-2440 (phone) website www.sos ga go lb/contractors/' Headley Construction Corporation 44 East Washington Street Newnan GA 30263 STATE OF GEORGIA BRIAN P. KEMP, Secretary of State State Licensing Board for Residential/General Contractor General Contractor Company LICENSE NO, GCC0000783 Headley Construction Corporation 44 East Washington Street Newnan GA 30263 Qualifying Agent: Mitchell Stewart Headley Qualifying Agent License NO: GCQA001020 EXPIRATION DATE - 06/30/2014 Active C•� A m � NI V M N t4- 0 .� .9 m 4--j 0) i Z ru 0,51 Q)L 0 u do Xru cE �C r- z — OJOJ z (D� O X 4-J C 0M �m a �0 �n OL V 4 I" �iIral 04- U) +� a U MU) c�� O >O '1-- . N L d- M CD N CLc C: -F- ° L L ' ' ca p O -E U -O U y Ln O a m 4- i-+ Q1 C U 4J c a--+ o 0 v y W W U m 4 I" �iIral i� I t6 L E 0 c 0 U d a - CN N CD M N O T- max" CIA U c C W W U m i� I t6 L E 0 c 0 U d a - CN N CD M N %-LLCi yr v• `- Statement of Qualifications for Historical Restorations and Renovations May 13, 2014 Headley Construction has been constructing and renovating commercial buildings since 1971. Located in Historic Downtown Newnan, Georgia, we have worked in and renovated many historic buildings. In fact, our office and warehouse building was constructed in 1885. We converted it to our office and warehouse building. Mr. Bill Headley's home was originally built in the 1850's. Headley Construction completing renovated and modernized that home. McRitchie-Hollis Museum About one year ago, we completed the McRitchie-Hollis Museum in Newnan. This project was a historic home circa 1920's that we converted into a museum, complete with modern humidity control and electrical systems. Total cost of the renovation was $631,363. Dan Dietz was the Owner Representative: 770-251-0207. 1904 Carnegie Library Restoration Headley Construction restored this historic structure back to a library; the building was converted to an office building years ago, loosing much of its historical splendor. We renovated and restored the building back to its original function as a Library for the City of Newnan. The total cost of the work was $1,539,141. The Owner representative for the City was Tracy Dunnavant: 770-253-2682. Historic Coweta County Courthouse The County moved all of the courts to a new Judicial Building and abandoned this historical gem several years ago. Headley Construction completed a complete restoration of the structure in 2010 at a total cost of $6,314,657. It now functions as the Community Welcome Center and probate court uses the historic courtroom. Eddie Whitlock was the Owner representative: 770-254-2601 The above projects are a few examples of our historic preservation work. We have work in many of the historic buildings in Newnan and surrounding areas. We are currently working on converting the Historic Newnan Hospital to a new campus for the University of West Georgia. Georgia P.O. Box 719 Newnan, GA 30264 Phone 770-253-8027 Fax 770-253-8030 Visit our website at: www.headleyconstruction.com EXHIBIT “C” BONDS PAYMENT BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Headley Construction Corporation (as CONTRACTOR, hereinafter referred to as the “Principal”), and ______________________ _________________________________________(as SURETY COMPANY, hereinafter referred to as the “CONTRACTOR’S SURETY”), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of six hundred thirty two thousand three hundred dollars ($632,300.00) lawful money of the United States of America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated , which is incorporated herein by reference in its entirety (hereinafter referred to as the “CONTRACT”), for the construction of a project known as the Hopewell House Renovation (hereinafter referred to as “the PROJECT”). NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to any Claimant, as hereinafter defined, for all labor, services and materials used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise to remain in full force and effect. A “Claimant” shall be defined herein as any Subcontractor, person, Party, partnership, corporation or other entity furnishing labor, services or materials used or reasonably required for use in the performance of the Contract, without regard to whether such labor, services or materials were sold, leased or rented, and without regard to whether such Claimant is or is not in privity of the Contract with the Principal or any Subcontractor performing Work on the Project. In the event of any claim made by the Claimant against the City, or the filing of a Lien against the property of the City affected by the Contract, the Contractor’s Surety shall either settle or resolve the Claim and shall remove any such Lien by bond or otherwise as provided in the Contract. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the Principal and Contractor’s Surety have hereunto affixed their corporate seals and caused this obligation to be signed by their duly authorized officers on this day of , 2014. Headley Construction Corporation By: Title: (SEAL) (Signatures Continued on Next Page) Attest: ______________________ Title:_________________ Date:__________________ (Name of Contractor’s Surety) By: Title: (SEAL) Attest: _____________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) PERFORMANCE BOND CITY OF MILTON, GEORGIA KNOW ALL MEN BY THESE PRESENTS THAT Headley Construction Corporation (as CONTRACTOR, hereinafter referred to as the “Principal”), and (as SURETY COMPANY, hereinafter referred to as the “CONTRACTOR’S SURETY”), are held and firmly bound unto the City of Milton, Georgia (as OWNER, hereinafter referred to as the “City”), for the use and benefit of any “Claimant,” as hereinafter defined, in the sum of six hundred thirty two thousand three hundred dollars ($632,300.00), lawful money of the United States of America, for the payment of which the Principal and the Contractor’s Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered, or is about to enter, into a certain written agreement with the City, dated the of , 2014 which is incorporated herein by reference in its entirety (hereinafter referred to as the “CONTRACT”), for the construction of a project known as the Hopewell House Renovation, (hereinafter referred to as “the PROJECT”). NOW THEREFORE, the conditions of this obligation are as follows: 1. That if the Principal shall fully and completely perform each and all of the terms, provisions and requirements of the Contract, including and during the period of any warranties or guarantees required thereunder, and all modifications, amendments, changes, deletions, additions, and alterations thereto that may hereafter be made, and if the Principal and the Contractor’s Surety shall 27 indemnify and hold harmless the City from any and all losses, liability and damages, claims, judgments, liens, costs and fees of every description, including but not limited to, any damages for delay, which the City may incur, sustain or suffer by reason of the failure or default on the part of the Principal in the performance of any and all of the terms, provisions and requirements of the Contract, including all modifications, amendments, changes, deletions, additions, and alterations thereto and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise to remain in full force and effect; 2. In the event of a failure of performance of the Contract by the Principal, which shall include, but not be limited to, any breach of default of the Contract: a. The Contractor’s Surety shall commence performance of its obligations and undertakings under this Bond no later than thirty (30) days after written notice from the City to the Contractor’s Surety; and b. The means, method or procedure by which the Contractor’s Surety undertakes to perform its obligations under this Bond shall be subject to the advance written approval of the City. The Contractor’s Surety hereby waives notice of any and all modifications, omissions, additions, changes and advance payments or deferred payments in or about the Contract, and agrees that the obligations undertaken by this Bond shall not be impaired in any manner by reason of any such modifications, omissions, additions, changes, and advance payments or deferred payments. The Parties further expressly agree that any action on this Bond may be brought within the time allowed by Georgia law for suit on contracts under seal. IN WITNESS WHEREOF, the principal and Contractor’s Surety have hereunto affixed 28 their corporate seals and caused this obligation to be signed by their duly authorized officers or attorneys-in-fact, this day of , 2014. Headley Construction Corporation By: ___________ Title: (SEAL) Attest: _____________________ Title:________________ Date:_________________ (Name of Contractor’s Surety) By:____ _____ Title: (SEAL) Attest: _____________________ Date:_________________ (ATTACH SURETY’S POWER OF ATTORNEY) 29 EXHIBIT “D” NONCOLLUSION AFFIDAVIT OF PRIME PROPOSER STATE OF GEORGIA CITY OF MILTON ________________________________________, being first duly sworn, deposes and says that: (1) He is ___________________________(Owner, Partner, Officer, Representative, or Agent) of Headley Construction Corporation (the “Proposer”) that has submitted the attached Proposal; (2) He is fully informed respecting their preparation and contents of the attached Proposal and of all pertinent circumstances respecting such Proposal; (3) Such Proposal is genuine and is not a collusive of sham Proposal; (4) Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affidavit, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Proposer, firm or person to submit a collusive or sham Proposal in connection with the Contract for which the attached Proposal has been submitted to or refrain from proposing in connection with such Contract, or has in any collusion or communication or conference with any other Proposer, firm or person to fix the price or prices in the attached Proposal or of any other Proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City or any person interested in the proposed Contract; and, (5) The price or prices quoted in the attached Proposal are fair an proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affidavit. (6) Proposer has not directly or indirectly violated O.C.G.A. § 36-91-21(d). ____________________________ Signature of Authorized Officer or Agent ____________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN TO BEFORE ME THIS ________ DAY OF _____________, 20___ ___________________________ Notary Public ________________________ (SEAL) My Commission Expires _______________ Date 30 EXHIBIT “E” CONTRACTOR AFFIDAVIT AND AGREEMENT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm, or corporation which is engaged in the physical performance of services on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. § 13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization Headley Construction Corporation Name of Contractor Hopewell House Renovation Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires: _________________________________ EXHIBIT “F” SUBCONTRACTOR AFFIDAVIT STATE OF GEORGIA CITY OF MILTON By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. § 13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services under a contract with Headley Construction Corporation. on behalf of the City of Milton has registered with, is authorized to use and uses the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. § 13-10- 91. Furthermore, the undersigned subcontractor will continue to use the federal work authorization program throughout the contract period, and the undersigned subcontractor will contract for the physical performance of services in satisfaction of such contract only with sub-subcontractors who present an affidavit to the subcontractor with the information required by O.C.G.A. § 13-10-91(b). Additionally, the undersigned subcontractor will forward notice of the receipt of an affidavit from a sub-subcontractor to the contractor within five (5) business days of receipt. If the undersigned subcontractor receives notice that a sub-subcontractor has received an affidavit from any other contracted sub-subcontractor, the undersigned subcontractor must forward, within five (5) business days of receipt, a copy of the notice to the contractor. Subcontractor hereby attests that its federal work authorization user identification number and date of authorization are as follows: _________________________________ eVerify Number _________________________________ Date of Authorization ____________________________ Name of Subcontractor Hopewell House Renovation Name of Project City of Milton Name of Public Employer I hereby declare under penalty of perjury that the foregoing is true and correct. Executed on ______, ___, 201__ in _____(city), ______(state). _________________________________ Signature of Authorized Officer or Agent _______________________________ Printed Name and Title of Authorized Officer or Agent SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ______ DAY OF ______________,201__. _________________________________ NOTARY PUBLIC [NOTARY SEAL] My Commission Expires:______________________ EXHIBIT “G” PLANS AND SPECIFICATIONS Exhibit “G” is on file and available for inspection in the office of the City Clerk. EXHIBIT “H” FINAL AFFIDAVIT TO CITY OF MILTON, GEORGIA I, _______________________________, hereby certify that all suppliers of materials, equipment and service, subcontractors, mechanics, and laborers employed by Headley Construction Corporation or any of its subcontractors in connection with the construction of the Hopewell House Renovation for the City have been paid and satisfied in full as of ______________, 20_____, and that there are no outstanding obligations or claims of any kind for the payment of which the City on the above named project might be liable, or subject to, in any lawful proceeding at law or in equity. ______________________________ Signature ______________________________ Title Personally appeared before me this ____ day of ________, 20____._______________________, who under oath deposes and says that he is ______________________________ of the firm of Headley Construction Corporation that he has read the above statement and that to the best of his knowledge and belief same is an exact true statement. ______________________________ Notary Public [NOTARY SEAL] My Commission Expires ______________________________